Overcoming systemic Racism! Support The Free Lenwood McCullum Movement!

The Issue

I am a 46yo black man who has been in prison for 26 years with 44 years remaining. Attorneys, former prosecutors and Advocacy groups have all said my case is the clear definition of systemic racism and one of the most social injustice cases they've seen in WA state (especially Pierce Co). I was a 19yo who was arrested for murder. I did not have an attorney or any support, but because I dint have any money or support should that make me guilty of 1st degree murder? No! I was just an easy target for the system, especially being a black boy from Tacoma, WA (Hilltop Area), who ACCIDENTALLY shot and killed his 8mo pregnant white girlfriend (which my beautiful daughter survived, and we have a wonderful relationship today). With a white attorney, white prosecutor, white judge with 95% all-white jury who accidentally shot and killed his white pregnant girlfriend, how can an impoverish 19yo black boy fight against that? if that's not enough stacked against me, the judge violated my CONSTITUTIONAL rights to a jury trial by refusing to instruct the jury on ANY lesser included offenses to 1st degree murder (2nd degree murder, 1st / 2nd degree manslaughter) denying me an opportunity to defend myself. How is a jury going to acquit me of all charges when I have said "yes I am responsible for Jamie's death, but it was an accident." (All evidence on record supports an accident) when the choice is, find me guilty of first-degree murder or let me go home, there really is no choice for the jury! which brings me to the point of how when they deem something unconstitutional of this magnitude, why does it not apply to me? It's not that I don't have merit but because I'm "time barred". An exception around the time bar is when you're fighting something unconstitutional. Something else they have deemed unconstitutional is when you go to a jury trial a judge cannot give you an exceptional sentence, a jury must decide if an exceptional sentence is warranted. Again, the JUDGE gave me a sentence MORE than double my standard range. My standard range max is 32 years and i was given 69 years 11 mo. again unconstitutional. The JURY found me guilty of a deadly weapons enhancement, which holds a 36-mo. max, but the Judge sentenced me to a firearm enhancement tie which carries a 60-month sentence, the judge sentenced me for a crime the jury did not convict me of. On my Judgement and sentence the judge marked the box saying I was convicted of a sex offense which holds a 36-mo. community custody instead of the 24-mo. custody my conviction holds, again the judge giving me time for something the jury did not find me guilty of. I was arrested tried and convicted of 1st degree murder, unlawful possession of a firearm (UPOF) not a sex offence. Now I have all my legal tools to be resentenced but have prosecutors that won't even take a look at the merits that I raise. Year in and year out I sit and watch people with the exact same charges as I get released after 24-30 years. I pose this question, if I would have been a 19yo white kid from the suburbs, all circumstances the same, would I be here now? We all know the answer to this question. Aside from my unconstitutional conviction and sentence, I've used my 26 years in prison to better myself and become a man who is ready to be a productive member of society and give back to my community just as I have since I've been in prison (record reflects). I was one of the first people in Washington state to receive an exceptional sentence as high as I did, since the hard tie initiative was fairly new. With all the new development in brain science, acknowledgement of systemic racism and social injustice when is it my turn? When is unconstitutional truly going to be UNCONSTITUTIONAL? My case is THE definition of systemic racism and social injustice not only when I was a 19yo black boy but still as a 46yo black man. In fact, a recent ruling in the Washington State Supreme Court ruled it unconstitutional to sentence a 19yo to life without parole (LWOP) without a mitigating hearing, my sentence constitutes a DeFacto LWOP sentence because I will die in prison!   

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The Issue

I am a 46yo black man who has been in prison for 26 years with 44 years remaining. Attorneys, former prosecutors and Advocacy groups have all said my case is the clear definition of systemic racism and one of the most social injustice cases they've seen in WA state (especially Pierce Co). I was a 19yo who was arrested for murder. I did not have an attorney or any support, but because I dint have any money or support should that make me guilty of 1st degree murder? No! I was just an easy target for the system, especially being a black boy from Tacoma, WA (Hilltop Area), who ACCIDENTALLY shot and killed his 8mo pregnant white girlfriend (which my beautiful daughter survived, and we have a wonderful relationship today). With a white attorney, white prosecutor, white judge with 95% all-white jury who accidentally shot and killed his white pregnant girlfriend, how can an impoverish 19yo black boy fight against that? if that's not enough stacked against me, the judge violated my CONSTITUTIONAL rights to a jury trial by refusing to instruct the jury on ANY lesser included offenses to 1st degree murder (2nd degree murder, 1st / 2nd degree manslaughter) denying me an opportunity to defend myself. How is a jury going to acquit me of all charges when I have said "yes I am responsible for Jamie's death, but it was an accident." (All evidence on record supports an accident) when the choice is, find me guilty of first-degree murder or let me go home, there really is no choice for the jury! which brings me to the point of how when they deem something unconstitutional of this magnitude, why does it not apply to me? It's not that I don't have merit but because I'm "time barred". An exception around the time bar is when you're fighting something unconstitutional. Something else they have deemed unconstitutional is when you go to a jury trial a judge cannot give you an exceptional sentence, a jury must decide if an exceptional sentence is warranted. Again, the JUDGE gave me a sentence MORE than double my standard range. My standard range max is 32 years and i was given 69 years 11 mo. again unconstitutional. The JURY found me guilty of a deadly weapons enhancement, which holds a 36-mo. max, but the Judge sentenced me to a firearm enhancement tie which carries a 60-month sentence, the judge sentenced me for a crime the jury did not convict me of. On my Judgement and sentence the judge marked the box saying I was convicted of a sex offense which holds a 36-mo. community custody instead of the 24-mo. custody my conviction holds, again the judge giving me time for something the jury did not find me guilty of. I was arrested tried and convicted of 1st degree murder, unlawful possession of a firearm (UPOF) not a sex offence. Now I have all my legal tools to be resentenced but have prosecutors that won't even take a look at the merits that I raise. Year in and year out I sit and watch people with the exact same charges as I get released after 24-30 years. I pose this question, if I would have been a 19yo white kid from the suburbs, all circumstances the same, would I be here now? We all know the answer to this question. Aside from my unconstitutional conviction and sentence, I've used my 26 years in prison to better myself and become a man who is ready to be a productive member of society and give back to my community just as I have since I've been in prison (record reflects). I was one of the first people in Washington state to receive an exceptional sentence as high as I did, since the hard tie initiative was fairly new. With all the new development in brain science, acknowledgement of systemic racism and social injustice when is it my turn? When is unconstitutional truly going to be UNCONSTITUTIONAL? My case is THE definition of systemic racism and social injustice not only when I was a 19yo black boy but still as a 46yo black man. In fact, a recent ruling in the Washington State Supreme Court ruled it unconstitutional to sentence a 19yo to life without parole (LWOP) without a mitigating hearing, my sentence constitutes a DeFacto LWOP sentence because I will die in prison!   

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