Sent to Governor Tony Evers April 22nd, 2020
Governor Tony Evers
PO Box 7863
Madison, WI 53707
February 21,
2020
RE :
Enclosed Clemency Waiver Applications
Dear
Governor Evers,
I am writing to ask you to seriously
consider the enclosed clemency waiver applications. As part of a non -profit
that has worked with prisoners and their families, we have received 100s of
pleas for help in this time of covid 19. In our attempts to ensure protocols
are followed in our prisons, we have relayed these concerns with DAI
administrator and Secretary Carr and legislators and there have been some
improvements. But conditions of overcrowding, understaffing and lack of
transparency mean the virus continues to expand it’s territory within the
prison.
We believe that prison should not be a
death sentence and implore that you seriously consider releasing these prisoners.
In addition to the prisoner with preexisting health conditions that make
surviving the virus difficult, are the many elderly prisoners in our system.
Many studies show that prisoner age 10 years sooner that those on the outside
so at 55 a prisoner is old. And you are well acquainted with the “old Law “
controversy- that most of these old prisoners have been eligible for parole for
years, many for decades. Releasing elderly old law prisoners is not “early
release”, it is release finally. Releasing TIS who are elderly is just plain
humane and right.
Enclosed are 30 clemency waiver
applications made out by prisoners especially vulnerable to the virus, those
who are slated to be released soon, and a few prisoners who are held too long
and wrongly. This is just a sampling and we will be sending you another package
shortly.
Before the prison boom era, commutations
and pardons were common. We did an open records requests for clemencies
from1975 through 1986 and Harland Richards, a prisoner in SCI , wrote a report
particularly highlighting those prisoners
who committed serious crimes. In those days of more compassion,
prisoners were not defined by their crime and rehabilitation was believed in.
In
this packet is
1)A list of the
prisoners submitting these waivers, with brief summations of their concerns and
why they are requesting clemency
2)30 Waiver
applications, arranged packet in the in alphabetical order by last name.
3)A report by
Harlan Richards outlines all the lifers that were pardoned or had their
sentences commuted between 1975 through 1986.We did an open records request to
obtain all clemencies in that period and they can be found here:
for all clemency
actions given by WI Governors from 1975 to 1986> Go to www.prisonforum.org
and to side bar, click first post: Action to Bring Back Clemency for Prisoners.
Thank you for reading these. I hope you can
act to free these people soon. For many, their illnesses put them in serious
risk of death were they to catch the virus. For others, they pose no danger to
society and are needed by families in this scary time; for others, they will be
released anyway soon, so why hold them in danger. Overcrowding and
understaffing makes the virus more dangerous in our prisons and mandates wise
releases.
Yours sincerely,
Peg Swan
Founder: Forum for Understanding Prisons (FFUP), a 501c3 non profit
29631 Wild Rose Drive; Blue River, 53518
pgswan3@aol.com. 608-536-3993
contents of package to Governor Evers:
1)A list of the
prisoners submitting these waivers, with brief summations of their concerns and
why they are requesting clemency( see below)
2)30 Waiver
applications, arranged packet in the in alphabetical order by last name.( originals sent 4 22 20, scans of originals included in lists below)
3)A report by
Harlan Richards outlines all the lifers that were pardoned or had their
sentences commuted between 1975 through 1986.We did an open records request to
obtain all clemencies in that period and they can be found here:
Report on pardons and commutations ( clemency) between 1975 and 1986 by Harlan Richards
Raw data- Reports by governors 1975 thru 1986, obtained through open records requests.
Clemency before prison boom
A listing of clemency waiver applications submitted 4 22 20
with brief summations of
“extraordinary
circumstances” that warrant release
organized by last name
Mark Adell 111690
WCI:BD 1959, 61y.o.;
Mark Adell |
Emmett Bankhead |
Emmett P Bankhead 286810
RCI (bd 1962,58 y.o.)
Type 2 diabetic and uses insulin twice daily, has
hypertension and has just had a hernia operation. Is wheel chair bound and
functions with difficulty due to his compromised immune system and debilitating diseases and
inability to practice social distancing.Julius Bonds |
Julius Bonds
052035 SCI ( Bd 1955, 64 y.o)
age, high blood pressure and Hep C make it
imperative that this man be released. Fairly W Earls |
Fairly W Earls 369129
CCI; Bd 1953, 67 y.o.: is 67 years old, has COPD and coronary heart disease.
Has had triple bypass surgery and has family in another state, needs to be
released to that state.
Steven Earsley |
Steven Earlsley 361859 RGCI; bd 1953, 66y.o.: “I am bound to my wheel chair with
an oxygen tank as I have COPD Lev-4 ( last level before death) . I have
had several heart implant stints and am diabetic with poor health issues/
trying to gain compassionate release.”
Tremayne Edwards |
Tremayne Edwards
408030 FLCI ( bd 1981 , 39 y.o.)
Needs to be home to care for his mother who
has asthma and other respiratory afflictions and lives alone . He only has
24 months left on his sentence, has served 12 years and
believes he should be out helping in the community. Like all other inmates, he
does not think prisoners are able to protect themselves in the prison and the
risk of his getting the virus is great and completely unnecessary.Arthur Foster |
Arthur Foster 213296
WCI BD1972 48yo: Has served over 25 years, has reformed himself and is asking that the original plea agreement he agreed to before sentencing be imposed and if he were paroled, he would still have supervision for the rest of his live. He clearer explains what happened legally that overruled the agreement in his pre-sentencing negotiations but it it is nothing this writer can condense or understand.
Darrell Harris |
https://ffupstuff.files.wordpress.com/2020/04/darrell-m-harris-waiverns.pdf
Clem Johnson |
Clem Johnson
132886 WSPF; bd 1966, 54y.o.:
positive for covid -19… Staff continued to work with with facemask even
though they had contact with infected co-workers ( not observing 14 day
quarantine) I’m 54 years old, several medications and CPAP machine daily.
Parole eligible ( PMR 6-20)with minimum program needs.“ https://ffupstuff.files.wordpress.com/2020/04/clem-johnson-waiver.pdf
“Impossible to practice social distancing prison
in prison. Several prison staff testedElpidio Juarez |
Elpidio Juarez 120690 RGCI
bd 1962 48y.o.
has been fighting the disease of shingle in the mouth since
october 2019 and is taking medication for it- is afraid what will happen if he
gets the virus and has to fight on “2 fronts”. His brother has offered him a
job and home .Keith Eugene Kelly |
Keith Eugene Kelly 373504; OSCI BD 1963, 57 years old,
total him replacement, ambulatory difficulty, COPG,
mental health- bipolar depression anxiety, psychotopic meds, = stable, Joshua
Glover Halfway House Milwaukee , WI , would accept me.Harold Kuntz |
Harold W Kuntz
039114 SCI ( bd 1943, 77 y.o.)
has COPD and allegies that effect his breathing,
has incurable prostate cancer, high blood pressure and oseoarthritus. Is
considered at high risk of getting COvid 19 and dying as a result. expresses
concern that prisoners have no hand sanitizers and staff is not screened.
David J Loveland 143843, NLCI
bd 1964, 55 Y.o. His chief concern is his mother,
David J Loveland |
herself and on 4 30 was
hospitalized with diabetic coma and cries him at every phone call . He is at
risk
because he has COPD and
heart disease and would not survive getting Covid 19.
Carl Lusk |
Carl Lusk 458249 GBCI ( bd 1993,27y.o.)
maintains his innocence, he want the Governor to “use is power to get my time
ran concurrent and give me my time credit of 3 years 2 months and 6 days and
let me out early, 1 18 21.
Carl McDaniel 536012
NLCI,
Carl McDaniel |
Ivan William Milham |
Ivan William Milham
549212 WSPF ( Bd 1988, 32 y.o.) Convicted of 5th DUI and is applying for sentence commutation due to his high blood pressure. He takes medicine twice a day and is afraid this conditions put him a great risk.
Patrick B Moran |
Patrick B Moran
150807 OSCI ( bd 62,58 y.o.) Diagnosed with stage 4 liver cancer and he has extremely high levels of ammonia in his blood. Has heart condition. Is seeking commutation so he can leave prison. trying to prove innocence. Has multiple medical issues. Has cirrhosis of the liver.
Kamau TZ Damali (Raynell
Morgan) 279380 CCI bd 1976, 44
Kaynell Morgan, "Kamau," with mother and brother |
Eric Michael Morris
396421 WCI BD 1982;
I'm on asthma puffer known as albuterol sulfate. “_
“it is unconstitutional for me to be subjected to the death
sentence known as covid- 19 that could take advantage of my underline
conditions known asthma from any staff that be a carrier into this prison and
have contact with us inmates. they wont know but me and others could die in are
sleep without even know we have covid-19.
https://ffupstuff.files.wordpress.com/2020/04/eric-michael-morris-waiver.pdf
Harlan Richards |
Harlan Richards 37975
SCI BD 1954 66y.o. This man has been
incarcerated for 35 years and has been eligible for parole for 24 years. His
plea is that he is unjustly held and he goes into detail how the law that holds
him is illegally applied retroactively.
He is a main litigator and guide for FFUP, a poet and writer and helps
all. He says ”he was convicted of murder when there was no murder”- this was
manslaughter at most( he was attacked)-
he has a perfect record, earned a bachelor’s degree in business adm, spent 9
years at minimum and19 months on work release driving a state van unescorted .
All are stunned that he is still in prison.
Eddie Sanders 458828 OSCI BD
1975 46y.o.;Note
from prisoner friend who sent this application says: this inmate also has
asthma, cognitive learning challenges, scoliosis and would live with a friend
in Milwaukee.
Eddie Sanders |
Daniel David Sease |
Daniel David Sease BD 1977 : I take losarton(?) because I have
kidney disease, also anxiety disorder
and schizophrenia. I would live with my mother. I qualify and have received my
SSDI and did as a child. I have been appealing my case and I have been sitting
since 2011. I plead to this , withdrew my plea, went to trial and got a
sentence twice as long. I would have
been released by now otherwise. https://ffupstuff.files.wordpress.com/2020/04/daniel-david-sease-waiverns.pdf
Terrance Shaw |
Terrance James Shaw 138254
RCI Bd1948 71y.o./ Committed his crime in a severe bout of PTSD
and was convicted before anyone had defined that disease, is wheel chair bound
and 80 % disable veteran. Has worked very hard to rehabilitate himself and
still has much to give/ He must not be exposed to the virus.
Viet Nam Vet,Tony L Shumpert |
Troney L Shumpert 561205;OSCI, BD 1965, 55 y.o.;
( needed help from a prisoner friend in filling out the application)Was born with encephalitis , as a shunt in his head, lifelong cognitive challenges and issues related to competency. Has strong family support. Has done SO and AODA. Has returned on a technical ( crimeless) revocation for cocaine use. HE will live with family members in Milwaukee.
( needed help from a prisoner friend in filling out the application)Was born with encephalitis , as a shunt in his head, lifelong cognitive challenges and issues related to competency. Has strong family support. Has done SO and AODA. Has returned on a technical ( crimeless) revocation for cocaine use. HE will live with family members in Milwaukee.
BA Silver |
BA Silver111156 Sturtevant
Trans Facility bd 1967 53 y.o.,
“ my medical record with asthma and now I am
told have chronic obstructive pulmonary disease (COPD)and on 10 24 17nI was
told I have coronary artery disease. “Thomas Smith |
Thomas Smith
57699 OSCI; bd1957 63 y.o./ Is three years from release. Has type 2 diabetes,
heart disease and lung disease, thyroid disease and a “host of other
conditions” that make him especially vulnerable. Jay Starkweather |
Jay Starkweather 185145 NLCI BD1958,61 yo; with
multiple health conditions. Has done all DOC asks and he can do to rehabilitate
himself. Has chronic bronchitis, weakened immune system due to various meds,
and is at greater risk of infections than able bodied people.” If I get covid,
I will die. “Gives impressive list of accomplishments, says he is not a model
prisoner, there are some”hiccups” along the way but he has maintained overall
good behavior.
Incarcerated for 25 years,
is wheel chair bound for lifeSteven Nathan Thomas |
Steven Nathan Thomas,496128
CCI bd, 40y.o.; Severe diabetes,
has
seizures due to his hypoglycemic episodes, diabetic neuopathy, was scheduled to see
endocrinology in Madison/ that
and all other appointments have been canceled. is to released Dec, 28,
2921.
has
severe asthma and takes medication for it. With even a cold he has a hard time
breathing. There is no way to adequately protect him from the virus within the
system as infections tend to spread like wildfire though the system.
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