FacebookTwitterGoogle+RedditEmail

I Turned Down 3 Years in Prison and Ended up with 15 to Life

by ANTHONY PAPA

A new report by Human Rights Watch titled “An Offer You Can’t Refuse” reveals that only three percent of U.S. drug defendants in federal cases chose to go to trial instead of pleading guilty in 2012. The report explains that the reason only three percent go to trial is because prosecutors warn defendants that if they refuse the plea and go to trail, they will be charged with a more series crime and end up with a much longer sentence.

Prosecutors live and die for convictions and they use mandatory minimum sentencing as a prosecutorial tool to secure convictions and get people to plead guilty without getting their right to a fair trial.

People’s fear of angering prosecutors by going to trial is real. The reports shows that defendants who chose to exercise their constitutional rights to go to trial routinely face sentences three times greater than the original plea deals. This is an astounding revelation.

I know the pressure to take a deal and the disatroious consequences of taking my case to trial. In 1985 I refused a plea deal of three years and end up being sentenced to 15 years to life under the mandatory provisions of New York’s Rockefeller Drug Laws.

I was duped into delivering an envelope containing four ounces of cocaine for $500 by a bowling buddy. During the criminal proceedings the district attorney’s office discovered I was not a drug dealer but nevertheless, they wanted to secure a conviction.

During the trial the assistant district attorney approached me and asked how old my daughter was. I told him she was seven years old. He told me if I chose to go to trial the next time I would see my daughter is when she was 22, take the plea offer of three years to life because you will never win. I was afraid of being away from my wife and daughter for three years. I refused the offer and a few days later I was convicted and sentenced to 15 years to life. I could not believe it.

Not taking the plea deal of three years to life was the biggest mistake of my life. Because I refused the offer I was sentenced to more than five times the amount of time I was offered in the plea bargain. During my years of imprisonment I tried to commit suicide, I was stuck with a knife, and I was beat down with a pipe.

But nothing hurt me more than my separation from my daughter, Stephanie. Her child-like innocence gave me the will to live when I wanted to die.

Although I tried to keep a relationship with her, she suffered greatly from my prison sentence. No child should have experienced the horrible conditions she had to go through, such as body searches, long waiting lines and abusive correction officers.

Little by little, her beautiful child-like demeanor disappeared, and was replaced with a sadness and depression generally seen in a much older person. By the time she was 12, she had become psychologically damaged, and so traumatized by the prison experience that she could no longer visit me.

From my relationship with my daughter I learned that prison did not end at the wall that separated me from society. It went far beyond it, reaching loved ones and friends of those incarcerated. When I refused the plea offer my life changed forever.

I commend Human Rights Watch for exposing how prosecutors get drug defendants to accept plea bargains by charging them with extraordinary long sentences under mandatory minimums. It is time to end harsh mandatory minimums that both destroy lives and may a mockery of our “justice” system.

Anthony Papa is the author of 15 Years to Life: How I Painted My Way to Freedom and Communications Specialist for Drug Policy Alliance. He can be reached at: anthonypapa123@yahoo.com 

Anthony Papa is the Manager of Media and Artist Relations for the Drug Policy Alliance and the author of This Side of Freedom: Life After Lockdown.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

April 26, 2017
Richard Moser
Empire Abroad, Empire At Home
Stan Cox
For Climate Justice, It’s the 33 Percent Who’ll Have to Pick Up the Tab
Paul Craig Roberts
The Looting Machine Called Capitalism
Lawrence Davidson
The Dilemma for Intelligence Agencies
Christy Rodgers
Remaining Animal
Joseph Natoli
Facts, Opinions, Tweets, Words
Mel Gurtov
No Exit? The NY Times and North Korea
Alexandra Isfahani-Hammond
Women on the Move: Can Three Women and a Truck Quell the Tide of Sexual Violence and Domestic Abuse?
Michael J. Sainato
Trump’s Wikileaks Flip-Flop
Manuel E. Yepe
North Korea’s Antidote to the US
Kim C. Domenico
‘Courting Failure:’ the Key to Resistance is Ending Animacide
Barbara Nimri Aziz
The Legacy of Lynne Stewart, the People’s Lawyer
Andrew Stewart
The People vs. Bernie Sanders
Daniel Warner
“Vive La France, Vive La République” vs. “God Bless America”
April 25, 2017
Russell Mokhiber
It’s Impossible to Support Single-Payer and Defend Obamacare
Nozomi Hayase
Prosecution of Assange is Persecution of Free Speech
Robert Fisk
The Madder Trump Gets, the More Seriously the World Takes Him
Giles Longley-Cook
Trump the Gardener
Bill Quigley
Major Challenges of New Orleans Charter Schools Exposed at NAACP Hearing
Jack Random
Little Fingers and Big Egos
Stanley L. Cohen
Dissent on the Lower East Side: the Post-Political Condition
Stephen Cooper
Conscientious Justice-Loving Alabamians, Speak Up!
Michael J. Sainato
Did the NRA Play a Role in the Forcing the Resignation of Surgeon General?
David Swanson
The F-35 and the Incinerating Ski Slope
Binoy Kampmark
Mike Pence in Oz
Peter Paul Catterall
Green Nationalism? How the Far Right Could Learn to Love the Environment
George Wuerthner
Range Riders: Making Tom Sawyer Proud
Clancy Sigal
It’s the Pits: the Miner’s Blues
Robert K. Tan
Abe is Taking Japan Back to the Bad Old Fascism
April 24, 2017
Mike Whitney
Is Mad Dog Planning to Invade East Syria?    
John Steppling
Puritan Jackals
Robert Hunziker
America’s Tale of Two Cities, Redux
David Jaffe
The Republican Party and the ‘Lunatic Right’
John Davis
No Tomorrow or Fashion-Forward
Patrick Cockburn
Treating Mental Health Patients as Criminals
Jack Dresser
An Accelerating Palestine Rights Movement Faces Uncertain Direction
George Wuerthner
Diet for a Warming Planet
Lawrence Wittner
Why Is There So Little Popular Protest Against Today’s Threats of Nuclear War?
Colin Todhunter
From Earth Day to the Monsanto Tribunal, Capitalism on Trial
Paul Bentley
Teacher’s Out in Front
Franklin Lamb
A Post-Christian Middle East With or Without ISIS?
Kevin Martin
We Just Paid our Taxes — are They Making the U.S. and the World Safer?
Erik Mears
Education Reformers Lowered Teachers’ Salaries, While Promising to Raise Them
Binoy Kampmark
Fleeing the Ratpac: James Packer, Gambling and Hollywood
Weekend Edition
April 21, 2017
Friday - Sunday
Diana Johnstone
The Main Issue in the French Presidential Election: National Sovereignty
FacebookTwitterGoogle+RedditEmail