Jeremy MaloneHuntsville, AL, United States
Jun 19, 2016
We wanted to continue thanking you for your emphatic support of our 'love in action' fundraiser of $1.00 (one dollar) from each one of you, in order to accomplish our quest for justice on behalf of Edwin, our son; as noted in our last updates. [https://www.change.org/f/love-in-action-fundraiser] We are still materializing our first project - [the 1000 letters and flyers to government officials] - We are confident that with your continuous generous assistance of love, it would soon come become a reality. We also wanted to share a short article and a brief summary of Edwin's case, along with relevant information. [If any additional details are requested, please do not hesitate to forward your correct e mail address to Edwin's facebook page [https://m.facebook.com/profile.php ? id=10001249765331&tsid=0.204188397154212&source=type ahead] that we have created recently in support of his clemency and second chance. [Edwin will gladly correspond with you through corrlinks and answer any specific details about his case, his journey to success, his rehabilitation, etc.] Brief summary of Edwin's case and article with relevant information about conspiracy: Edwin was arrested by federal authorities on June 27, 1998. During his arrest, no guns, money, nor drugs were found in his possession or premises. After his arrest, his family promptly inquired about the charges. They were advised that his name had been provided to federal authorities by cooperating individuals, which had been indicted in a marijuana distribution conspiracy, attesting that Edwin was present during some of the marijuana transactions. During plea negotiations, federal authorities urged Edwin to give information on other drug offenders. Edwin was unable to provide such information, because his participation was partial and minimal. Federal authorities ultimately charged Edwin with conspiracy to distribute marijuana; due to the cooperating individuals' debriefs with the prosecutor. Unable to cooperate, and based on counsel's advisement, Edwin proceeded to trial. Numerous individuals with criminal records testified that, Edwin was present and had participated on occasions during the marijuana transactions, as depicted in the indictment. At the conclusion of the trial, Edwin was found guilty. During sentencing, Edwin was held liable for all the conduct and drug amount of the entire conspiracy; and ultimately received a sentence of 40 years. What happened to Edwin is no surprise and nothing new, under the current laws of conspiracy. For example: Amy Povah [Founder of Can-Do Organization - and supporter of Edwin's petition for clemency] was just 30 years old when she was sentenced to 24 years in federal prison for a drug crime she did not commit herself. The crime of manufacturing a large amount of ecstacy in both The United States and Germany was committed by her then husband, Sandy Pofahl. Her prison sentence was based on the entire amount of ecstacy Pofahl manufactured. Because Pofahl cooperated with the U.S. prosecution, he walked away with 3 years probation. Meanwhile, Amy Povah, refused to cooperate with the investigation, and was therefore indicted for conspiracy. She was ultimately convicted in 1991. There are thousands of others like Edwin and Povah in America's prisons serving lengthy sentences under these conspiracy laws. People who have received outsized sentences despite very minimal connection to the crimes of others. What "conspired" means is largely up to interpretation, and the definition can be stretched to absurd lengths, based on the request of the prosecution. Worse, if a person is convicted of conspiracy, he or she is subject to the same sentence required by the actual crime itself. This allows for individuals to be convicted as high level drug traffickers, even if they have never physically touched any drugs in their lives. Using conspiracy statutes, the government does not have to prove someone ever sold, trafficked, or even possessed drugs in order to sentence them to prison, as if they had. Molly Gill, from Family Against Mandatory Minimums [FAMM], stated, "Being charged with a conspiracy means people are punished for drugs they did not sell, not possess, or use; bad behavior they may had nothing to do with. Conspiracy makes small players look like big fish, and get mandatory minimums to match. Judges know the difference, but can not do anything about it, unless congress changes these current drug sentencing laws." Julie Stewart, President of FAMM, wrote in an e mail: "After conspiracy was added to The Anti-Drug Abuse Act of 1988, you can be held liable for all the drugs in the group (conspiracy), even if your part was exceedingly small and you had no idea of the total amount of drugs actually involved. This is an easy way to drive up drug quantity for each player, and in turn, subject them to long extreme harsh sentences." Luckily, for Amy Povah, her case garnered a lot of media attention, and her sentence was ultimately commuted by President Clinton in 2000. At the time of her release, she had served over nine years in prison. Shortly thereafter, she founded the non-profit CAN-DO organization, which brings attention to other individuals who are serving harsh prison sentences. Amy Povah, stated, "We have thousands of first time offenders serving 15 years to life, and almost everyone for conspiracy... Like everyone, I have survivor's guilt, which is why I do what I do." As Long as conspiracy laws are in the books, individuals like Amy Povah, Edwin, and others, will continue to be needlessly swept up into the criminal justice system on little more than the whim of the government. Only public awareness and full involvement in the cause for change will ultimately remedy a system which is dramatically unfair, under the current drug sentencing laws. Consequently, this last year, on the intent of reprieve, several individuals have been granted clemency by President Barack Obama [348]; which most, were serving life sentences for conspiracy. Meanwhile, 9000 more eligible applications for clemency remain pending in The Office of The Pardon Attorney, in Washington. Edwin's application for clemency is one of them, which is pleading for mercy, compassion, and a second chance at life; after almost two decades in confinement. Several non-profit organizations are supporting Edwin's application plead for clemency. [CAN-Do Foundation Clemency for Non-Violent Drug Offenders; www.pow420.com; www.marijuana lifers project. com.] -------------- Despite this support... We encourage each one of you individually to get involved, as a matter of right. To stand up against the injustices of our current system. To contribute in your capacity. To demonstrate your duty as a citizen by extending your voice to right a wrong in the interest of justice and righteousness... only then, we will entertain collectively the transformation of our world into a better place; where love instead of hate; where justice instead of unfairness; where balance instead of extremism; where faith instead of doubt; where security instead of fear; where peace instead of war, will ultimately reign... but only, as we stand together as instruments of change. Again, thank you for your emphatic support. May God bless each one of you individually with a special blessing, and grace, in your life and those you love and care most about. And we love each one of you indiviudally!!!! Hebrews 13:1-3 "I believe every right implies responsibility; every opportunity, an obligation; every possession, a duty." Nelson Rockefeller "Duty is a very personal thing. It is what comes from knowing the need to take action and not just the need to urge others to do something." Mother Teresa
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