This Week Injustice- April 7, 2024

Killing second chances edition

I wish the news on this Sunday was as beautiful as the red tulips, purple iris and pink azaleas blooming in my neighborhood. Sadly, something ugly bloomed in the Alabama statehouse this past week.

The single piece of legislation this session that could have helped free some people from the state’s violent and overcrowded prisons was killed by GOP representatives in the House. HB 29, sponsored by Chris England, would have simply opened an opportunity for a select group of older men serving life without parole for property and drug crimes to petition a judge for a second chance.  There’s no political points to gain by carrying a bill like this. England did it because it’s the right thing to do. Unfortunately few legislators in Montgomery apply the same moral calculus to lawmaking.

48 Republicans in Alabama’s House killed the second chance bill

Get a good look at the faces of those who drove this bill to its death. The nay votes need to know this cruel action, keeping old men who pose no threat to public safety locked up until they die, doesn’t represent Alabama values.

Because of pressure from prosecutors, the bill had been narrowed down to apply to only the tiniest slice of people sentenced under Alabama’s draconian habitual offender law, people serving an astonishing death in prison sentence for crimes that did not result in any physical injury. People like John Manley, locked up over forty years for simple burglaries. His elderly mother, recently widowed, wrote this op-ed pleading for mercy from lawmakers. This was the only chance John had to get out of prison alive.

Alabama Appleseed clients freed from life without parole sentences under the state’s 3-strikes law.

Make no mistake about it. Most of the people this bill would have helped are old, poor and Black. They look very different from the Republicans who refused to grant them even a chance at a second chance. If you want to learn more about this population, please check out Alabama Appleseed’s amazing work advocating for them. Despite this heartbreaking outcome, I know my friends at Appleseed and Rep. Chris England will keep fighting on behalf of justice and mercy.

I feel this loss personally because I know many of the men and two women condemned to die in prison for crimes that would not warrant such a sentence in any other state in the nation. I am also lucky to know the men Appleseed has freed. They are wise beyond me, and embody remarkable grace and joy, despite once being thrown away by their own government.

I’m also disgusted that obstructionists would thwart the hard work Rep. England has put into trying to address the horrific problems of our justice system, problems that no one else in state government seems to give a shit about. So, that’s why we must continue to fight. We cannot stop advocating for a better world. I’ll keep raising awareness about the many injustices in Alabama begging for our attention.

Here’s a look at the rest of the mess. Be good to yourselves.

ADOC

The prison system, represented by AG Steve Marshall, grabbed $1 million more dollars to pay outside lawyers hired to defend correctional officers and prison administrators accused of abuse and neglect in 3 excessive force deaths, a suicide and a horrific death from hyperthermia. I wrote about the process that allows the racket of state agencies continuously spending taxpayer money fighting losing lawsuits.

In the seemingly endless money available to extend mass incarceration, the Senate budget committee approves the general fund budget, increasing additional prison funding for mega-prison construction by $50 million to $150 million. 

Prison Commissioner John Hamm told the legislative prison oversight committee that he plans to create a “family services unit,” a 15-person team, with a member at each major prison, whose responsibility is to communicate with families, particularly when someone dies in prison. This comes after family members expressed outrage and to the committee in December, sharing horrific stories about their loved ones’ deaths and ADOC’s terrible communication and care. John Archibald covered the meeting and shares why it’s clear that no one is charge of our prisons. 

It’s been five years since the DOJ first released findings that show Alabama prisons are unconstitutionally cruel and unusual punishment. And yet, conditions have only gotten worse, reports Alabama Appleseed. 

The wife of Jeff Hall, who died unexpectedly at Limestone Prison last week under mysterious circumstances, is calling for an investigation. Hall was a longtime informant for the U.S. Department of Justice, and died several hours after officers abruptly moved him to a new dorm. 

ADOC reveals new cases of Syphilis and HIV after testing for sexually transmitted diseases at Staton Prison. 

Four people arrested in last week for promoting prison contraband, including one ADOC staff member. 

DEATH PENALTY

A man on death row fires his attorneys at EJI, and says he wants to drop appeals and be executed “to give the victims closure.” Derrick Dearman talked to AL.com from death row about his decision, which is worth reading. He wants to make it clear, he doesn’t support executions and thinks some men sentenced to die in Alabama are innocent. 

Attorneys for Alan Eugene Miller file a lawsuit seeking to stop the state’s second attempt to kill Miller, this time by nitrogen hypoxia. 

LEGISLATIVE SESSION 

A new senate bill would expand licenses to grow and sell medical marijuana in the state. SB 276, sponsored by Sen. David Sessions of Grand Bay, is an effort to satisfy critics of the process, but it has already been met with significant opposition. 

A House bill advances that would criminalize librarians who allow minors to check out materials with transgender content. HB 385, sponsored by Shelby County Republican Arnold Mooney, would dangle the threat of criminal prosecution over librarians.

Two bills would help connect people with mental health and substance use needs to treatment rather than jail. SB 240 and HB 369 would give probate judges jurisdiction to help keep people out of jail. 

The “false reporting” bill that would increase criminal penalties for people who falsely report crimes to police goes under the microscope. The bill, filed in response to the Carlee Russell kidnapping hoax case in Hoover last year, would have unintended consequences and would make Alabama less safe, argue critics. 

A new bill would increase potential pay for retired law enforcement who return to policing jobs. HB 276, sponsored by Republican Allen Treadaway of Birmingham would remove the income cap for retired officers. The Retirement Systems of Alabama (RSA) opposes the bill. 

Another bill would increase penalties for drivers who violate the state’s “move over” law. HB 315, sponsored by Republican Rhett Marques of Enterprise, is named for John Hubbard, a tow truck driver killed in 2016 while working an accident in Tuscaloosa. 

House advances bill to change state ethics law one day after AG Steve Marshall publicly opposed it. The bill, sponsored by Republican Matt Simpson of Daphne, would reduce the number of people who fall under the law, but increase the penalties. Marshall and other critics say it’s an effort to water down the law. 

Legislature to consider first changes to state ethics law in a decade. The bill would repeal and replace the current law, which the Alabama Ethics Commission opposes, saying it’s an effort to water down current law. Sponsor Matt Simpson- R (Baldwin County), says the revisions would clear up confusion. 

POLICING

Cyber attack against city of Birmingham delays warrants and paychecks for police officers. 

A Jefferson County deputy sheriff is arrested for domestic violence charges. Terry Wayne O’Neal was booked into the Shelby County jail on two counts of domestic violence after his arrest by Alabaster police.