Corona Daily 097: Back to Prison

In April 2016, Gwen Levi's sisters applied to President Obama for clemency.

Gwen was 70, suffering from lung cancer. Her 90 year old mother was unlikely to see her again. Since Gwen is black, her family perhaps thought they had a good chance of presidential pardon from Obama. Obama didn’t grant the pardon, perhaps fearing criticism of racial favoritism.

With the pardon rejected, everyone knew Gwen would never return home. Even if she survived the lung cancer, her release date is 2033 when she would be 88 years old.

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Born in 1945, Gwen is one of the thirteen children raised by her mother. The father didn’t live with them, Gwen rarely saw him. At 25, she married a man who had three children from an earlier marriage. The couple had three children of their own.  Gwen looked after all six.

In 2000, she was arrested as part of a group selling a kilo of heroine. That crime carries a minimum punishment of ten years. The prosecutors tried to cut a deal, called plea bargain, with her. She should testify against her co-conspirators to get a lighter sentence. Not known whether she had good lawyers, and whether she understood the contractual agreement with the prosecution.

When she stood in the court to testify, one of the co-conspirators was her son. Her testimony would incriminate him. Gwen refused. The prosecution reminded her of her plea bargain obligation. She still refused. This turned out to be as serious a crime as the selling of heroine. Her co-conspirators got lower sentences than her, even those carrying guns. Gwen was not accused of any violence. She was sentenced to 400 months, which is more than 33 years in prison. Among developed nations, America has harsher sentences. It is a rare democracy that regularly executes people. In several cases, Blacks have got longer sentences than Whites for the same crime.

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The clemency letters were rejected in 2016. Four years had passed. Gwen’s mother had turned 94. And coronavirus entered America. Prisons were a dangerous area. Prison staff along with inmates was getting infected and dying. It was decided that 25,000 inmates would be transferred to home confinement.

Gwen Levi qualified under the CARES act. She was 75, was in cancer remission, posed no danger to anyone, her crime was non-violent, her conduct in prison was excellent, her disciplinary record spotless. In prison, she advocated for senior inmates, and trained to become a service dog handler. Her sisters were willing to accommodate her in their home. Gwen was keen to become part of society. In June 2020, she was finally going home.

She still needed to wear an ankle monitor, and give her work schedule regularly. However, she joined her sons, held her grandchildren, hugged her mother and sisters. Her bed and toilet were not in the same room any more. This is what rehabilitation was, Gwen thought.

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Donald Trump had shown his bloodthirstiness by executing three people during his last days despite knowing Biden intended to cancel their executions. Five days before Trump left office, his justice department issued a memo confirming that all released prisoners should be sent back to prisons when the pandemic in the USA ends. Gwen must go back to prison at some point, and serve out her remaining sentence till 2033.

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Out of the 25,000 prisoners sent home due to the pandemic, only 21 have violations that sent them back to prison. This is a high success rate. Male inmates who couldn’t find work are raising their children, while their wives work. Others are taking care of their parents. All of them must go back to prison, once the pandemic ends.

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Last month, 28 congress members urged Biden to reverse the “Trump administration’s cruel and misguided decision” saying a return to prison would harm families and waste tax dollars. People like Gwen were not told they would have to return to prison. Forcing them to do so would be cruel and devastating.

Gwen in her interview says she thought she was already rehabilitated. President Biden has a chance to prove her right.

Ravi