On June 14, 1994 U.S. District Judge Stewart Newblatt (Eastern District of Michigan) imposed a sentence of Life, plus 50 years, plus 5 years probation on then 32 year old Michelle West. Her life seemed to be over with this sentence, her first brush with the law.
West was charged and convicted of a drug conspiracy case that held her responsible for the actions of her co-conspirator, her boyfriend at the time, who had an extensive criminal history which included a murder. The best way to get a sentence reduction is to cooperate and that is exactly what West’s boyfriend decided to do. West had nobody to turn on so she took her chances and went to trial with hopes of explaining her situation and role. The “truth,” no matter her minor role, got her prison for life.
Judge Newblatt, now 92 years old, struggled with his decision at the time because it was the equivalent of a death sentence. Even my own writing about Michelle’s case last year was meant to have the Trump administration look at a commutation for West ... just as President Obama had done for her years earlier. How is it that some make it out of prison and some do not?
The system is stacked against people like West. First, we need to look at how we got into this incarceration mess? President Reagan signed the Sentencing Reform Act creating the US Sentencing Commission and the Federal Sentencing Guidelines which assigned points to criminal acts. On the surface, it seems like a good idea that assures that the persons who commit crimes in Florida get the same sentence as the ones in California (take out the bias of both liberal and conservative judges). However, the problem was that it handcuffed every judge who could no longer look at the logic of the situation to use their own discretion to fashion a sentence that seemed fail.
It should be noted that current President Joseph Biden supported the legislation as Senator from the state of Delaware at the time. That legislation has been the primary driving force behind the increase in incarceration in the federal system ... and so many unjust sentence terms, which have disproportionately hurt minorities. Honestly, FSG hurts everyone.
While the Bureau of Prisons is still struggling to implement Trump’s First Step Act (2018), an attempt to bring some fairness back to criminal justice, private citizens have taken matters into their own hands to help people like West. One of them is Amy Povah who founded the Can Do Foundation (Clemency for All Non-violent Drug Offenders). Povah, who herself served nine years in prison before President Bill Clinton commuted her sentence, knows of injustices. Her ex-husband was involved in drug trafficking but the law swept her in prison with a brutal sentence. President Trump granted Povah a full Presidential Pardon earlier this year for her advocacy work. Now, she’s determined to help Michelle West.
Povah said that it is not uncommon for some who has committed a crime to point the finger at others. ‘When habitual career offenders and murderers are promised full immunity to testify against others, people with no criminal record like Michelle West can find themselves tossed into an indictment based on very thin evidence in the form of innuendo." That’s what justice has come to look like in America ... the first one to the courthouse gets the best deal.
In the case related to West, the real murderer was never charged, despite a confession. In fact, he never served a day in prison. Her involvement in the case was stated as being part of a larger “conspiracy” to commit a crime. West took on the punishment for everyone involved.
“Therein lies the problem”, said Amy Povah, who believes the conspiracy law is the best kept secret in the system. “It’s guilt by association. We are now sentencing people to prison for smoke instead of pursuing those involved with the fire.”
West’s decision to go to trial was her own. She believed she would not only get a fair trial, but would be exonerated. In today’s world more than 95% of individuals involved in Federal Courts" take a plea because they realize that the system is stacked against them leading many to conclude that our the trial by a jury of one’s peers is vanishing.
Had West pled guilty, she should have been out of prison for over a decade now.
In 2015, West’s chance at clemency seemed high when her daughter, Michelle, was invited to the White House for a clemency summit by President Obama. However, for unknown reasons, the Obama administration started rejecting clemencies, including Michelle West's and that of Alice Marie Johnson. Johnson was granted clemency by President Trump in 2018 ... West thought for sure that she would be next. That has not happened yet.
One ray of light for West is President Biden’s recent proclamation of making April 2021 Second Chance Month;
We must commit to second chances from the earliest stages of our criminal justice system. Supporting second chances means, for example, diverting individuals who have used illegal drugs to drug court programs and treatment instead of prison. It requires eliminating exceedingly long sentences and mandatory minimums that keep people incarcerated longer than they should be. It means providing quality job training and educational opportunities during incarceration to prepare individuals for the 21st century economy. And it means reinvesting the savings from reduced incarceration into reentry programs and social services that prevent recidivism and leave us all better off.
When I last wrote about Michelle’s case, I was hoping that it added to the efforts of those like Povah who were fighting hard to correct a wrong that had been done. Now, almost a year later, nothing has changed for West other than more recent pleas for her freedom. She continues to work hard behind prison walls and influence, as best she can, her grown daughter Michelle.
This madness must stop.
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April 18, 2021 at 08:40PM
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Will Any U.S. President Help Michelle West Achieve Freedom - Forbes
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