Like George Floyd I cried for mama when they ripped me from her arms and replaced them with handcuffs.

I am now 36 and still crying for mama, Delegates, Senators, Innocence Projects, celebs, Governor Northam and anyone who will help me breathe. I matter!
Experts say the natural part of growth and development is experience. And naturally mistakes are a part of life. Not one human being is exempt.

So...why was I along with another young man accused of Breaking & Entering a home that we 'chilled' at everyday? Why were we accused of raping a female teen? Why did I willfully go downtown to the Danville Police Department with my mother present in the interrogation room and give a signed/sworn statement of NEVER forcing entry into the home and NEVER forcing sex upon the accuser? Why did I state that we had consensual sex between the two of us and there was NEVER any physical/sexual contact between the accuser and the other young man? Why did I state all of this? Mama told me in that room, in front of the officers that "the truth will set you free". My story has NEVER changed.

So...why did the officers ask if I knew the accuser's age AFTER I signed the statement? Only to learn that she was not 14, but 12? Why was I prosecuted as an adult? Why was the 'underage' element NEVER an issue during the investigation? Why did the accuser and her adult cousin, who wasn't there, swear on the Bible then spit venomous lies about me? Why is my public defender not defending me?

Can you imagine being a child and sitting in a court room full of people with condemning eyes; quietly stoning you to death without a trial? I remember feeling like no one was with me, not even my mother.

Fast forward 3-4 months later...someone tell me why the investigation reveals a story foundated on fabrication, a made up story? Now you are wondering why? For 21 long years I have wondered the same thing.

This lie stems from two adults, the accusers female cousin and husband. Sadly they forced her to perform sexual acts with men for money. This investigation reveals a motive-to lie-to hide their own criminal activity by placing the blame on another young man and myself. This investigation reveals that we had NO knowledge nor participation in this evil. This investigation revealed a full confession by the accuser who is a also a victim.

Understandably they are the reason why she lied to the authorities, in the police report, in her statement, and on the stand in a courtroom. Unbeknownst to her the same lies that certified me as an adult. The same lies that tramautized, stigmatized, and disenfranchised a child before he had a chance to come of age. Someone HELP...I can't breathe.

A lie that formed a distrust in police, lawyers, and the judicial system. A lie that has enslaved me in shackles and chains. A lie that skewed my perception of what I learned in elementary school, the "Pledge of Allegience", where the last three words state, "Justice For All".

So what happened...

Unfortunately, before this event took place, she did what most young people do when they are trying to fit in with a new crowd, (Ironically I had just moved from Martinsville ,Va to Danville, Va and she was also new to Da-ville )...she lied about her age. How many of you have done something as a youth and made a decision for the right now? Both of my hands are up!

Now if you are wondering...yes the B&E and rape charges were dismissed as a result of the accusers courage to tell the truth. The other young man went home. The two adults were convicted of pandering. I, on the other hand was deemed guilty according to Virginia law, for having consensual sex with a female who was under 13. Virginia law states that she cannot consent even if she does. In this case she stated consent and admitted to enhancing her age to more than 12. Furthermore two witness testimonies and statements corroborate that she had told them she was older as well.

At 15 I still did not get it. Why am I guilty if I NEVER knew? You say I am guilty of rape because of her age yet evidence reflects that I NEVER knew, and she admitted to lying about her age. I argued with my public defender over and over and he only pressed me with one option. Plead guilty because your signed statement proves guilt. He says" Virginia law states that."

Answer this...why is this statute so vague? Where is a statute or bill or amendment that includes language of ...." "unless a defendant has no prior knowledge of the age, being unable to consent, victim admits to enhancing age that would take her out of the realm of not able to consent and evidence points to this fact, then guilt should not persist..."

Furthermore, can anyone explain why this case was not remanded or sent back to the Juvenile Court?

At the age of 15 I was certified or to be tried as an adult based on testimony of B&E and rape. Criminal behavior based on the nature of violence and force. Accusations that were proven to NEVER have occurred. I was not prosecuted or certified as an adult for evidence of my signed statements--the 'underage' element.

What is the point? No one explained to a child that a sex offense conviction in the adult circuit court requires registry. And if you don't you will be locked up again. Would this injustice have been allowed to continue if I wasn't an impoverished, and an ignorant of the law black boy without effective legal representation? Where is the Equal Protections of the Law? Right to a Fair Trial? and (Fed./State )Right to Due Process of Law? Again, I can't breathe!

Reluctantly I pled guilty to a crime I never knew I had committed until an echo of lies caused an avalanche. A blind man can look at the record and see a proponderance of evidence that reflects no predatory, pedophilia, deviant, and/or criminal intent. Nor does the record reflect that I operated with the mindset as if I 'knowingly disregarded' the law.

Naturally I operated as an irresponsible, curious, risk-taking teen. Everyday, teens lie about some of the darndest things. They lie about their ages, where they are going, who they are with and so forth.

So if you are a parent, guardian, older sibling, older loved one, friend or someone of influence, educate your prepubescent teen and teenagers about my story. Make them aware about your States statute/laws concerning the legal age of consent. No, I am not condoning teen sex or sex before marriage but kids are going to be kids. Our innate duty is to guide the generations after us to do better than we did. Besides, if they are in the know they have a better chance of NOT making a poor decision. And this applies with everything.

So I appeal to the people...given what you have read, the extraordinary circumstances and the rarity of all of this happening, do I deserve to serve 10 years? Do I deserve an unjust conviction in an adult court? Do I deserve to be on a registry? Do I deserve more suffering from a 21 year old case that stems from a made up story of lies?

And forgive me if there's an inkling of concern that I am disclaiming responsibility...NO! I empathize with the accuser/victim. I empathize with countless victims of sexual abuse and deviance. I have a mother who I loved first in this world and love more than I did when I was a child. I have two younger sisters who were placed under my wing before I was big enough to retrieve items from the cupboard without having to climb on the countertops. I have 4 nieces who address me as 'sir', 'king', and 'Uncle Jamar'. I have a 16 year old brother and a 13 year old nephew who have never experienced anything with me besides prison visits and phone calls, but heed every word I say to them. I have female friends, females I work with everyday and I GUARANTEE they will say, "I don't see that on him". By habit and nature I am a respector and protector. Mama raised me like that. So God forbid if something like this or similar happens to them.

Plus, as a juvenile all treatment and education was afforded me to understand the severity of sexual misconduct. Records from multiple DJJ counselors (in court records also) state that I am not a sexual predator, deviant, pedophile, or someone that needs to be on the registry. Instead I am also a victim of 'extraordinary circumstances'.

Quick story....when I was at Beaumont on my second stint (DJJ) in 2001-03 for violating probation, I was in treatment and one of the requirements is 'ACCEPTANCE'. So during group everyone take turns revealing some hard truths of what they did to get there. And when I say hard, WHOA...In my immaturity I judged. Maybe because there acts were unthinkable when it came to my mind. And there sentences were much lesser. You had anywhere from sodomy with children/babies, forcible rape, beastiality, molestation of family members and all types of acts committed that you hear on '20/20', 'Dateline', or Oprah. PRAYERS TO ALL AFFECTED!

I remember my first group like it was yesterday. Believe it or not my story has remained the same. The counselors scolded me about being truthful and acceptance. Of course I did not budge. So afterwards she and I are in her office conversing the subject matter and I prompt her to call my case manager/P.O. who was with the case every step of the way. She called my bluff and after their convo, she began crying, then apologized.

That was me in 1999. Like a typical teen I was trying to discover me and this world. I gravitated towards the same type of people and places that got me into trouble several times over. Maybe it was due to the lack of guidance, never knowing my father, or not having. Regardless I played a major part in my mistakes. I accept that and work hard everyday to be a better man and human being. I have paid my debt and more to society. I just wanna live. Justice!!!

In conclusion, if I do not receive relief via Pardon-Clemency from the Governor of Virginia, that means the mistake I made as a child is deserving of a 10 year sentence and all that comes with it. It means it is okay to lie and still receive punishment when the fact finders know the truth. It means I have no rights as a human being under the U.S. Constitution. It means Black Lives 'Do Not' Matter. I Matter! We Matter! Countless men and women inside these walls matter!

And in the words of Ava Duvernay...(not verbatim ) "...we are seeing many unjustly killed in the streets. Please do not forget about us who are being killed by the courts..."Justice For All!!!

Bio Facts:

*26 year sentence
---(4 years )Dist. crack cocaine-1st time drug offense...19 years old
---(12years) shoot in occup. vehicle, attempt. mal. wounding, use of firearm in comm., and poss. of firearm as conv. juve. felon...19years old-- (Thank God NO one was shot)
[THESE SENTENCES ARE COMPLETE]

SENTENCE REMAINING
---(10years) suspended sentence imposed due to new convictions...violation of probation...stems from juvenile-adult conviction... 15 years old ..
*34 months served in Dept. of Juvenile Justice for
*Current Release Date: 10-3-23
*Pending Conditional Pardon--filed Jan.-Feb 2017
*Pending Early Release Appeal(COVID-19) 44-146.17 of the Code of Virginia--Filed April and June 2020
*Exemplary Record of Rehabilitation
--HS Diploma/GED
--Multiple Trades and Educational Certifications
--Completed All Treatment Programs Available
--New Hope Therapeutic Community Program Graduate(2016)
--Infraction Free-9 + years
--Commissary Worker-3+ years
--Viable Home Plan
--Excellent Support System
--Entrepreneurial Plans
*COVID-19 Concerns
--Due to incarceration it is impossible to follow the guidelines prescribed by CDC. The infection likelihood is much greater in confinement.
*Acting Executive Director of NonProfit...Saving Our Seeds for Change, Inc. or Saving Our Seeds( S.O.S.)

CONTACT:

Andrea N. Hairston, President
(276)-806-6174
Website: saving our seeds ueniweb.com
email: andrea68@vt.edu
Facebook/saving our seeds nonprofit
395 W. John Redd Blvd.
Collinsville, VA 24078

Feel free to contact me @

Jamar D. Hairston-Bey
Acting Executive Director
1607 Planters Road
Lawrenceville, VA 23868
or
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