Acknowledge Major Flaws - Release Brian Green
This petition had 433 supporters
I am writing you regarding the current California Three Strikes Law.
Although there are changes that have been made to the current California Three Strikes Law, I would like to tell you my husbands story in hopes that it would enlighten you in how flawed the system still currently is and how desperately changes are still needed to still be made.
My husband, Brian Green, was with two younger friends in Feb. 2008 when an altercation arose between an African American man and one of the younger boys. My husband attempted to break up the fight between his 17 year old friend and the 27 year old man. After the victim returned home, he realized he had suffered from a stab wound. The victim later on identified one of the boys, but falsely identified another boy who remained in custody for six months. To get to the point, my husband was later taken into custody eight months after the altercation occurred. Due to lack of funds, he was appointed an attorney who did not appear to more than half of the court dates which resulted in my husband being in county jail for four years awaiting trial.
After being convicted based on testimony alone, no physical evidence (ex. Knife), he was sentenced 125 years plus three consecutive life sentences under the California three strikes law.
His sentencing was based upon the facts that he had one prior strike from 9 years prior to the altercation as well as a juvenile case from 12 years prior to the altercation. The juvenile case was not originally declared a strike, but the courts found that due to the fact he was 16 years of age, they would be able to go back and change it into a strike. Then, with this case they charged him with 3 felonies. He went in with one strike and they gave him a second, third, fourth and fifth, resulting in 25-life for the third, 25-life for the fourth, 25-life for the fifth, resulting in 75 years plus 3 life’s. Then they added 10 years to each charge for having a prior felony and finally adding the standard sentence for his charges. The other two boys had received sentences of 5 years and 8 years.
Through my research, I have found sentences that don't come close to my husbands and for crimes such as murder and rape. Prison officials as well as the assisting detective on my husbands case have stated that this is one of the most outrageous cases/sentences they have seen in twenty years.
Unfortunately, we have very little to no funds to afford legal assistance and are limited to state appointed attorneys who have tons of cases already and are unable to put the necessary time that is needed in this case.
Brian is a good man and did NOT stab the victim. His only crime was attempting to break up the fight. But, due to the current three strikes law, because he was in the wrong place at the wrong time and had a criminal background from a decade earlier, he has been told he will spend the rest of his life in prison.
“The United States makes up 5% of the world's population. 25% of the world's prison population is in the United States”
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