Monday, April 27, 2020

Covid Compassion Campaign Launches

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.  

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
corona virus puts e at an unreasonable risk to my health since I recently suffered strike , osteroarthritis, an abdominal spinal condition which renders me fully disabled, in operable colitis mixed with crohns disease, high blood pressure and heart failure. All medical problems put me at risk.(scan of original coming)
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 M Harris 131296 OSCI BD1963
Darrell Harris
“I am a 56 year old Black  man that is at high risk of catching the corona virus. I have multiple health issues including heart disease, COPD ( lung disease), lupus, sleep apnea. Also I am MH 2 (a serious mental illness diagnosis). My son would let me live with him. He would come from Kansas to pick me up.
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 tested
Elpidio 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
who is quarantined by
 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
extremely ill , has successfully litigated to get adequate health care and to get out using other legal means but they are too slow. The prison does not have the means to care form him adequately and many times has refused even the most simple ameliorations, responding with retaliation to his suits to get good care. He need to be released soon and cannot survive the virus

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
Kamau was incarcertated as a juvenile   and deserves a second chance. He is a changed person now and has been in prison 27 years. FFUP has worked with him since it’s inception and we watched him show all the symptoms that comes from  being help too long in solitary. The prison cannot heal him, being out here with his loving family can, So we second and third his bid for freedom by those factors and because the covid crisis must be  dealt with releasing those who are no longer dangerous and kamau is certainly one of these.






 
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
“I was told I would get time served, 2in, 2 out. I am actually innocent of this crime. I appealed my plea to the court and lost. The victim has come forward and recanted, Her father did it ( just got arrested). I need help getting a post conviction motion.

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.


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 life


Steven 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.

Donald Weston 195666 RCI. Bd 1974, 45 
Daniel Weston
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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