“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”
— Deacon David Jones
An Open and Urgent Letter to President Donald Trump
In his 2020 State of the Union Address, President Trump showed mercy on some who had tragically fallen. This is a plea for mercy and justice for Pornchai Moontri.
In his 2020 State of the Union Address, President Trump showed mercy on some who had tragically fallen. This is a plea for mercy and justice for Pornchai Moontri.
December 2, 2020
Dear Mr. President:
I write on behalf of many Catholic followers of Divine Mercy with an urgent but simple appeal. Putting the politics of this nation's polarization aside, I join many American Catholics and people of other faiths who have been moved by your consistent agenda to promote both law and order and much needed reform of the criminal justice system. I wrote for publication about your landmark effort in "President Donald Trump's First Step Act for Prison Reform."
It is a basic tenet of your First Step Act that when a prison term has been fully served, it should not continue in other forms such as joblessness, job discrimination, and society's ongoing pointed finger of shame. Your First Step Act is a second chance for many to rise above the past and embrace a future of hope. This will be a part of your legacy for years to come.
I am writing to request the assistance of your Administration in what should be a simple matter. As a teenager at age eighteen, Pornchai Moontri committed a crime out of desperation. He has served every day of his sentence and was released at age forty-seven on September 11, 2020 to the custody of Immigration and Customs Enforcement for deportation to his native Thailand.
Mr. President, it is important to note that neither Mr. Moontri nor his many advocates and friends who have become his family in America are seeking commutation of his removal order. However, that could also be a just and merciful outcome. In lieu of that, what he and we seek is his rapid repatriation to his native Thailand, a nation from which, as you will read below, he was removed at age eleven as a victim of human trafficking. Since having fully served his prison sentence, Mr. Moontri has experienced an unjust and merciless three-month extension of that sentence with no end in sight.
Taxpayers already have spent far more for Mr. Moontri's detention than would have been spent for his removal. We, his advocates, are more than willing to purchase his airfare to Thailand if permitted. We have built a future for him there with good people who anxiously await his return. This could be remedied easily by your office with a simple phone call.
There is much more to this story which should become part of your discernment on the right course of action. Pornchai Moontri was a child victim of human trafficking. He was abandoned by his mother at age two in Thailand. She fell under the influence and control of an American, Richard Alan Bailey, who brought her to the U.S. After a passage of nine years, Bailey sent her to retrieve Pornchai at age eleven and bring him to this country.
Pornchai was imprisoned by Bailey who repeatedly raped and beat him. At age thirteen he escaped but was returned by local police who did not understand his Thai protests. At age fourteen he escaped again and became a homeless adolescent living on the streets of a foreign country. At age eighteen, intoxicated and broken, he took a man's life during a struggle.
While awaiting trial at age eighteen in 1992, Pornchai was visited by his mother who told him that Richard Bailey would harm her if Pornchai divulged any of what had happened to him. In fear for his mother’s life, Pornchai thus remained silent throughout his trial, refusing to participate in his own defense. In 2000, while attempting to leave Richard Bailey, Pornchai's mother was murdered on the U.S. Territorial Island of Guam while in Bailey's company. She was beaten to death. This matter remains an unsolved “cold case” homicide despite new evidence pointing to an obvious suspect who has never answered for this crime.
In 2018, after becoming fully aware of this story, from articles I had written and published, Pornchai's advocates brought Richard Bailey to justice. On September 12, 2018 Bailey was convicted in Penobscot (Maine) Superior Court on forty felony counts of child sexual abuse against Pornchai Moontri.
A simple Google search of "Pornchai Moontri" will reveal much documentation of the above. It will also reveal the talented, gifted, intelligent man that Pornchai has become. Pornchai became a devout Catholic convert and a celebrated member of the Divine Mercy movement in the Catholic Church. He has been the subject of numerous published articles and a book, Loved, Lost, Found by Marian Press editor and author, Felix Carroll.
As I mentioned above, it would be both justice and mercy if Pornchai's deportation order could be commuted, but he would nonetheless leave the United States for Thailand of his own accord. A life and future have been built for him there as a valued member of Divine Mercy Thailand. Regardless of what you decide in this matter, Mr. President, we implore you to help us get him out of ICE custody to commence rapid repatriation to his native land. Pornchai has suffered more than enough for one lifetime.
Respectfully Yours,
Father Gordon J. MacRaeBeyondTheseStoneWalls.comWe invite you to like and follow Beyond These Stone Walls Facebook.
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Editor’s Note: Please also read and share these related posts from Beyond These Stone Walls:
Human Traffic: The ICE Deportation of Pornchai Moontri
Help Pornchai
Please help us seek the assistance of President Trump by adding your voice to this petition. Please copy and paste the statement below to: https://www.whitehouse.gov/contact/ in the section WHAT WOULD YOU LIKE TO SAY?
Re: Pornchai Moontri ICE detention A-039064244
Pornchai went to prison at age eighteen for a crime of desperation. Having served his prison sentence in full, he was released at age forty-seven to the custody of Immigration and Customs Enforcement (ICE) for deportation to his native Thailand.
Pornchai was taken from Thailand at age eleven as a victim of human trafficking by an American who has recently been convicted of forty felony counts of sexual assault against Pornchai as a child.
With the help from a Catholic priest in prison, Pornchai sought counseling for severe PTSD, became educated graduating with highest honors, completed numerous programs in restorative justice and mental health, and is today a celebrated Catholic convert and member of the Divine Mercy movement in the Catholic Church. He has been the subject of numerous published articles and a book.
Now he is an ICE detainee held far beyond his sentence at an overcrowded for-profit ICE facility in Jena, LA. His ninety day travel documents issued by his embassy were allowed to expire with no action on his removal.
If you Google "Pornchai Moontri" you will be hard pressed to find a "criminal alien" in the results. As a person who has followed the story of Pornchai Moontri, I implore our government to secure the immediate repatriation of this remarkable man and survivor.
For further info, contact: maxmoontri (at) gmail (dot) com
Thank you!
Human Traffic: The ICE Deportation of Pornchai Moontri
Taken from Thailand to America at age 11 by a now-convicted sex offender, this Thai victim will now be an ICE detainee awaiting forced deportation 36 years later.
Taken from Thailand to America at age 11 by a now-convicted sex offender, this Thai victim will now be an ICE detainee awaiting forced deportation 36 years later.
Posted August 19, 2020; updated July 11, 2022 by Father Gordon MacRae
Editor’s Note: This revised article by Father Gordon MacRae is a necessary expansion of the stunning post by Pornchai Moontri entitled “Independence Day in Thailand.”
“I’m reclaiming my time!” That term became a familiar line of political theater during a recent congressional grilling of Attorney General William Barr. Our friend, Father George David Byers, wrote a short post highlighting the ridiculous nature of that sad moment in American politics.
I’m reclaiming my time, too. All 26 years of it. That’s how long I have been unjustly held in an American prison while its crazy politics play out before polarized audiences. At about the time I reach the 26-year mark in September 2020, my friend, Pornchai Moontri will have been handed over to the hidden national shame of ICE detention. It is easy to stay on the sidelines and keep this topic out of sight and out of mind until someone you know and care about is on the receiving end of it.
This looming deportation process, especially its weeks or months in overcrowded detention, is a personal crisis for us. The politics of it do not help at all. A word of advice: Try to avoid having a crisis in a deeply divided presidential election year. It will inevitably become subjected to the political, and some of those around you will use it to score political talking points.
It has already been suggested to me that President Donald Trump is to blame for my friend’s looming deportation, and for the inhumane treatment that he and other ICE detainees will endure. The deportation order that is just now unfolding in the case of Pornchai Moontri was a decision of a federal judge in 2007. It’s the result of a one-size-fits-all policy requiring removal of any non-citizen who commits any crime on U.S. soil regardless of circumstances.
Then it was suggested to me that ICE detention and forced removal is a strictly Republican endeavor that Democrats would happily fix if elected and given the power to do so. I subscribe to a publication of the Human Rights Defense Center called Prison Legal News. If anything, it leans to the left of our divisive political spectrum. In the July 2017 issue is a well researched article by Derek Gilna entitled “Deportations of Undocumented Reach Record High.” It is an analysis of deportations in the six years prior to the 2016 election. Here is an important excerpt:
“In the past six years, the number of people removed from the country against their will far surpassed the totals of the previous administration of George W. Bush reaching over two million people. According to human rights advocates, President Obama had become the ‘Deporter in Chief.’”
So please don’t subject the real human tragedy of what is happening now to the polarity of our “if you’re not with us you’re against us” politics. We are struggling right now behind These Stone Walls and I do not want our struggle to become political ammunition. Instead, I want to point you to something deeply unjust — demonic would be a better word — that has happened here. In his recent post, “Pornchai Moontri: Hope and Prayers, for a Friend Left Behind,” Pornchai wrote something that struck me like lightning and stabbed at my conscience as an American:
“In December of 1985 I was taken from Thailand and brought against my will to the United States. Though it was my mother who took me, I did not know her. She had abandoned my brother and me in Thailand when I was only two years old. She waited until I was age eleven to come and take me away because her life was under the control of a monster who sent her to bring me to him. It is that simple, and that terrible.”
An American Horror Story
Pornchai’s mother would later be murdered — beaten to death according to the autopsy report — on the U.S. Territorial Island of Guam in the company of Richard Bailey. Referred to by Pornchai as “An American Horror Story,” the case remains today an unsolved “cold case” homicide despite new evidence pointing to Bailey.
The murder occurred in 2000 as Wannee filed for divorce from Bailey and just before court-ordered dispersal of finances and property to Wannee was to take place. After the murder, Bailey sold his home and left Guam without settling the financial court orders with Wannee’s estate. He returned to Thailand to bring back a young Thai woman barely out of her teens. They settled in Oregon.
Back in the 1970s when Bailey prepared to bring Wannee from Bangkok to the United States, he knew she left two young sons behind in Thailand but he had no interest in a two-year-old. They settled in Bailey’s town of Bangor, Maine. Just blocks away, Stephen King was writing his own American horror stories. Bailey bided his time until Pornchai was 11 years old. Then, in 1985 he sent Wannee to Thailand to retrieve her sons.
This is a clear story of human trafficking, but it remains off that radar screen. In Bailey’s devious and narcissistic mind, these were human beings whose rights were at his personal disposal. Bailey would not permit Wannee to apply for U.S. citizenship. He knew her sons would one day reach an age that no longer interested him. It would thus be easier to be rid of them if they were not citizens.
In September 2018, Richard Bailey was finally brought to some form of justice. He entered a “no contest” plea deal, but was found guilty in Penobscot (Maine) Superior Court on forty felony counts of violent sexual assault against Pornchai and his brother. He was sentenced to 44 years in prison, all suspended, and 18 years of supervised probation. He returned to his lakeside home in Oregon without ever serving a day in prison.
That the vicious sexual and physical assaults against Pornchai and his brother had never previously been investigated or prosecuted remains another unsolved mystery. They took place over four years after Pornchai’s arrival in Bangor in 1985. There were school reports of a battered child. There were neighbors who expressed concern about the bleeding and traumatized Asian boy at their door pleading for help in a foreign language. There were reports from sheriff’s deputies who picked up a runaway child and handed him back over to Richard Bailey because they could not understand his protests.
Bailey’s violence and perversion drove Pornchai into homelessness — a teen stranded in a foreign country. There were reports filed by staff at the Maine Youth Center that took custody of Pornchai at age 14. There were reports when he was made a ward of the state at age 15. There were reports when he again became a homeless adolescent living alone on the streets of Bangor at age 16. It does not take rocket science to connect all this to the offense of a drunken 18-year-old in 1992. But all this history just disappeared.
Pornchai could not himself raise it. Right under the noses of state officials, Richard Bailey sent a battered and desperate Thai woman — Pornchai’s mother — to warn him while held pre-trial at the county jail that her life would be in danger if Pornchai told. Pornchai thus refused to participate in his own defense.
At sentencing, Judge Margaret Kravchuk told him that he was given a new life in America but squandered it.
Certainly no one can claim that sexual abuse was not on the public radar at that time. Just one state away in New Hampshire in 1988, a witch hunt was underway involving Catholic priests. The story that sent me to prison was just taking shape at that time while some local lawyers were taking out their calculators. The dollar signs were dangled before them by a local sex-crimes detective who brought over 1,000 cases while Maine, right next door, was ignoring the predator who was openly destroying the lives of three young Thai immigrants. A lot of people in the State of Maine covered up for Richard Bailey. Who investigates the investigators?
Fifth Commandment: Thou shalt not kill
Getting Away with Murder on the Island of Guam
On the U.S. territorial Island of Guam, officials have reacted with silence about inquiries into the unsolved homicide of Wannee in 2000. The Guam police, the Attorney General, and the U.S. Attorney there have been only minimally responsive over the last two years.
Pornchai Moontri, whose life was destroyed by Richard Bailey when he was twelve to fourteen years old, has now spent the last 28 years in prison for an offense that Bailey himself set in motion. In days or weeks, Pornchai will be moved to an overcrowded ICE holding facility where he will be forced to wait out the Covid-19 pandemic sleeping on a dayroom floor filled with ICE detainees.
Meanwhile, Richard Bailey, now convicted of 44 felony counts of sexual abuse against Pornchai and his brother, has not spent a single night in prison. He waits out the pandemic in his lakeside home in Oregon. He has simply ignored attempts by Pornchai’s advocates to recover what he owes to Wannee’s estate — funds that could make an enormous difference to someone who must now start his shattered life over. Not a single American attorney would agree to represent Pornchai for civil protection.
In his moving recent post, “ Hope and Prayers for My Friend Left Behind,” Pornchai himself raised the enormous paradox in our parallel stories of imprisonment:
“Father Gordon MacRae freed me from the evil this man inflicted on me. He taught me that this evil is not mine to keep. What do I do with such a story? If Father G had not been here, what would have become of me? He freed my mind and soul from the horror inflicted by a real predator. It breaks my heart that the man responsible for my freedom will now be left behind in prison.”
These are Pornchai’s questions, but they are not the questions I would ask. For 26 years, I have witnessed the unbridled outrage leveled at Catholic bishops and priests over allegations of sexual abuse and the necessity of protecting the vulnerable from abusers. But Americans are very selective in their outrage. Is there none left for Richard Bailey? Is there no outrage for Pornchai’s expulsion from the very country where his horrific abuse took place?
Some time ago, I wrote a post entitled, “President Donald Trump’s First Step Act for Prison Reform.” This President undertook a bold initiative for criminal justice. He called for the removal of “The Box” from all federal employment application forms. “The Box” was infamous among prisoners. It was a check-off box on most employment applications asking if the applicant has ever been convicted of a felony. In effect, it was an extension of a prison sentence that had long since been fully served. It took a non-politician to do what most politicians lack the political will or courage to do. “The Box” served only one purpose: to prevent former prisoners from finding meaningful jobs.
The President’s rationale for this is the fact that if a man or woman applying for a job had ever been in prison, the fact that they are now filling out this application means that the sentence has been served and it is over.
ICE Detention
By mid-September 2020, Pornchai Moontri will have fully served the entire sentence that the State of Maine imposed upon him at age eighteen. He has accomplished many things in that time, and is today an asset, not a hindrance, to his country. His country is Thailand, but he was taken from there as a child by a monstrous American predator who has never answered for it. Now America will keep the predator in freedom while expelling the victim.
The truth is that Pornchai wants to go and is ready to go. Thanks to These Stone Walls, a future has been built there for him, and a fresh start with people who will care for him. Our well-founded concern is not for his deportation, but for the added insult and injury that he must emerge from prison just to wait out this pandemic in a horribly crowded ICE detention facility — aka, another prison. He could not be deemed any threat to the community because his sentence is over. If he were not an ICE detainee, he would simply walk free.
And he could not be considered a flight risk because he has worked long and hard to build a future in Thailand that he now looks forward to. The Divine Mercy Thailand organization has a team waiting for Pornchai. The Father Ray Foundation (www.fr-ray.org) has a plan for training him and putting his skills to use. It is an awesome place as a visit to their website will show.
Public risk and flight risk are the only real reasons why ICE detainees are held. We were hoping and praying that bail could be arranged for Pornchai to live in the community until Thailand can open its borders for a flight during this pandemic. Some TSW readers nearby had an ideal location for Pornchai to spend those weeks learning instead of just surviving. However that was deemed to be impossible.
What follows is a recent letter I received from another former prisoner, an Asian friend from here who recently went through ICE deportation and is now back in his native country after an ordeal lasting months:
“You will first sit in a holding tank with a bunch of junkies and young criminals whining about a two-week county sentence in a county jail. Then at about 11 PM you will get moved to a federal detention pod. If you are lucky you might get a cell with one other person, but more likely you will be sent to a crowded dayroom with a thin mattress. You will have to find a place to put it among the crowd. If there are no bunks, they use these things like plastic canoes to sleep in. You will have to find a place to park it. One of the cells is kept empty so all the detainees living on the dayroom floor can use the single toilet in it.”
Justice is supposed to be blind, but sometimes it is deaf and dumb too. Our friend deserves better than to go to his new life like this. Here is a small exercise in the blindness of criminal justice you can easily do and that we now hope those who measure Pornchai will do. He has the most unlikely internet footprint of any person who has been in a U.S. prison for 28 years. Do a google search for “Pornchai Moontri” using the quotes. It is a great stretch of the imagination that the results are anything less than a good man deserving of our protection. America was once better than this.
Please pray for us as we do for you.
+ + +
UPDATE: July 11, 2022 — Guam Daily Post reporter Nick Delgado has published an article about the plethora of “cold case” unsolved homicides on the U.S. Territorial Island of Guam. Pornchai’s mother, Wannee, is number 70 on the list. Guam’s authorities remain unresponsive to new evidence and other new information on this case.
Note from Father Gordon MacRae: Pornchai Moontri was handed over to ICE on September 11, 2020. He and we were told by ICE officials that he would be in Thailand by the end of the month. Instead, he spent the next 150 days in a room holding 70 detainees in a for-profit ICE detention facility in Jenna, Louisiana. He arrived in Thailand in mid-March 2021. As of June 19, 2021 his Thai State ID and full citizenship remain mired in bureaucracy. Without it, he is unable to find work, open an account, or support himself.
For the full story of Pornchai’s life, don’t miss:
Human Trafficking: Thailand to America and a Cold Case in Guam.
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President Donald Trump’s First Step Act for Prison Reform
Whatever one thinks of President Donald Trump, he brought about a sweeping bipartisan reform for the most alienated citizens of the free world: America’s prisoners.
History sometimes repeats itself in subtle ways. In 587 BC, the Kingdom of Judah fell to Babylonian invaders who destroyed Jerusalem and the Temple and carried off the people of Judah to exile in Babylon. It is one of the mysteries of Sacred Scripture that, two centuries earlier, the Prophet Isaiah wrote about this, and actually named the person — Cyrus — who would show up two centuries later to fix it:
“Thus says the Lord to his anointed: To Cyrus, whose right hand I have grasped to subdue nations before him and ungird the loins of kings, to open doors before him that gates may not be closed.”
Two hundred years after that prophecy was set down by Isaiah, a man named Cyrus united the Medes and the Persians to form the great Persian Empire. In 539 BC, fifty years after Babylonians captured Jerusalem, deported the Jews into exile, and destroyed the Temple, Cyrus, and his armies conquered Babylon.
For the Jews in exile, however, Cyrus turned out to be more of a liberator than a conqueror. Though he practiced no faith the Jews could recognize and lived with values deplorable to them, Cyrus carried out exactly what Isaiah had prophesied. He restored the Kingdom of Israel, rebuilt Jerusalem and the Temple, and returned the Jews to their promised land. King Cyrus then published a charter of freedom declaring an end to slavery and oppression and the restoration of religious freedom.
The Prophet Isaiah certainly never envisioned anyone like Donald Trump, but there is a curious sort of parallel in his presidency. He is notorious for having lived with a lifestyle and value system that would be anathema to Evangelical Christians, and yet they have come to see him as a Cyrus-like protector of religious liberty.
Devout Catholics might find some of his value system embarrassing, but he has also embraced the right to life and is transforming the federal courts with pro-life judicial nominees who respect religious liberty, the most fundamental freedom in the First Amendment of the U.S. Constitution. American Jews traditionally identify as Democrats, but many might be thinking of King Cyrus right about now in the wake of a stream of anti-semitism from two new Democratic members of Congress who resist correction. Also like King Cyrus, President Trump restored the American Embassy to Jerusalem, Israel’s traditional capitol for three thousand years.
For my part, I don’t know quite what to make of this president. As I write this, a family member sent me an email declaring, “Right now I am committed to despising Donald Trump and waiting for the day he is charged with treason.” My family is still reeling from a photo of me portraying him in “Assassins’ Deed: My Stage Debut as President Donald Trump.” They were horrified
The President’s First Step Act
Most people have heard of the First Step Act initiated by the Trump White House and signed into law after receiving wide bipartisan support. it is the most significant prison reform initiative in decades, but most people do not know that its title is actually an acronym. First Step = the “Formerly Incarcerated Reenter Society Transformed, Safely Transitioning Every Person.”
This is a bold and very broad initiative that encompasses far more than I could fit into a single TSW post, but as a prisoner, reading the act brought about my own “Cyrus-like” moment. This president, who has been droning on about walls for three years, has set into motion a policy statement for federal prisons that exposes prison walls to some much-needed daylight. Some TSW readers have asked me if this could have an effect on my own imprisonment and over time this is a hopeful notion. For the present, however, the initiative only affects the Federal Bureau of Prisons just as the President’s pardons and commutations power is limited only to federal prisoners.
But this First Step Act is just that, a first step. States often, though sometimes slowly and sometimes begrudgingly, follow what has been adopted by the federal government, however. We can only hope that this president’s bold course of action has a trickle-down effect.
For the moment, the First Step Act is being talked about and implemented in several states, but not yet in the Live Free or Die State where I am in my 25th year of imprisonment. I do not doubt, however, that time will erode that resistance so let’s have a look at what the First Step Act has taken on.
This President has ordered the removal of what prisoners everywhere call “the box” on federal employment applications. Let’s hope this catches on. Mr. Trump has asked that employers in the private sector follow his lead on this. “The Box” is a check-off box on federal job applications that must be checked if a job applicant has ever been convicted of a felony. Even in the best job markets, like the present one, checking “the Box” means a dead end for all but the most menial employment for ex-prisoners.
No matter how long ago an offense had been committed, no matter how much education and rehabilitation the former prisoner has been invested in, no matter that his or her debt to society has been paid in full, checking “the Box” has too often meant chronic unemployment for former prisoners — and even worse, exploitation. Not checking it subjects ex-prisoners to charges of falsifying applications. Its removal is a giant step toward helping former prisoners remain free.
President Trump’s rhetoric on this has also been bold, and against the tide for both Republicans and Democrats. In demanding removal of “the Box” he has stated forcefully that any former prisoner who applies for a job is able to do so because he or she has paid in full a debt to society and their imprisonment has ended.
The First Step Act also funds and implements evidence-based rehabilitation programs to enable prisoners to regain their freedom and to remain free once a sentence is completed. The prejudice in our culture against former prisoners is akin to that against the rights of slaves that I wrote about in “Senator Susan Collins Stokes the Embers of Civil War.” It took a federal edict — Abraham Lincoln’s Emancipation Proclamation — to begin a cascade of events and attitudinal adjustments toward meaningful reforms. “Lock ‘em up and throw away the key” does not reflect a free and enlightened society.
Abandon All Hope, Ye Who Enter Here!
In the current prison system in some states, rehabilitation and restorative justice are dead-ended by laws like New Hampshire’s “Truth in Sentencing.” When that law passed in the early 1980s, it required that a New Hampshire prisoner must serve every single day of his or her imposed prison sentence and nothing a prisoner could do would mitigate that.
The politicians who pushed such a law onto its citizens later justified it by saying that they expected judges to temper their sentences in accord with the new law, but that never happened. Prison became like the “Hotel California.” No one ever leaves, and those who do are so institutionalized by long sentences, and so unprepared for a return to society that they are set up for failure. All incentives for rehabilitation were destroyed, and prisons became mere warehouses of nothing more redemptive than endless punishment.
As a direct result of such laws — and the draconian prison sentences resulting from the Clinton Crime Bill of the 1990s — America’s prison population grew far beyond the capacity of its prisons. The United States has 5% of the world’s population and 25% of the world’s prisoners. This nation imprisons more of its citizens than all 28 countries of the European Union combined.
In the 25 years from 1980 to 2005 in New Hampshire, for example, the State population grew just 34% while its prison population grew almost 600% with no commensurate increase in crime rate. This is entirely because of Truth in Sentencing, and the fact that it overcrowded its prisons with long sentences and no avenue or incentive to mitigate them. Currently, only two states — New Hampshire and Iowa — cling to their Truth in Sentencing laws. They also happen to be the two states at the earliest epicenter of every presidential election.
To try to fix this, New Hampshire passed measures like NH-RSA 651:20 that, on paper at least, provides a forum for prisoners to demonstrate their rehabilitation to the court and earn up to a one-third reduction in sentence. Such reductions, however, are rarely if ever granted by the courts. Judges want legislators to fix this while legislators blame judges for not using discretion — or worse, for abusing discretion — that the law affords them.
In the late 1990s, then NH State Representative Maxwell Sargent wrote in a legislative newsletter of his dismay at the attitude of one judge, Judge Arthur Brennan (who also happened to be the judge who presided over my trial and sentencing). Representative Sargent had been encouraging one young prisoner to work doggedly toward his own rehabilitation and release. Over a decade in prison, the man earned both Bachelor and Masters degrees at his own expense and jumped through every possible hoop to redeem himself. In the end, Judge Brennan dismissed his petition with a blithe, “I’m not at all impressed,” and denied his request for a sentence reduction. The message sent was, “Why bother trying?”
The Injustice of Extreme Prison Sentences
Among the many signs of hope that have followed on the heels of President Trump’s First Step Act has been an increasing clamor of voices to revisit the length of the prison sentences imposed on first-time offenders. One such voice is Colorado Judge Morris Hoffman whose commentary in The Wall Street Journal (Feb. 9, 2019) was entitled, “The Injustice of Extreme Prison Sentences.”
Judge Hoffman wrote of how mandatory minimum sentences required him to impose a 146-year prison term on a teenaged armed robber in 1995. The only person injured in the incident was the teenage robber himself who was shot in the foot. Still, his earliest possible parole date is 2065 at the age of 90. Judge Hoffman reflected on this a bit:
“Since I imposed that sentence 23 years ago, that DA has retired, my children have grown up and had their own children, and my black hair is turning gray. The world saw the mapping of the human genome and the rise of the internet. My teenage robber saw the inside of a prison, and has 48 more years to go.”
Judge Hoffman wrote that many people have celebrated the First Step Act, but warned that it does little to address the American epidemic of overly long prison sentences. Some of his statistics are an eye-opener. According to the Justice Policy Institute, the average length for a first-time offender in Canada is four months; in Finland it is 10 months, in Germany it is 12 months; and in “rugged, individualistic Australia” it is 36 months. The United States leads the Western world with an average length of prison sentence for a first-time offender at 63 months.
I should point out here that when I appeared before Judge Arthur Brennan for sentencing on September 23, 1994, I too was a “first-time offender” though I to this day insist that the offense for which I was sentenced never actually occurred at all. I was sentenced to 804 months, nearly 13 times the national average. I was privileged, however, to publish a comment on Judge Hoffman’s article at WSJ.com with the help of a friend. Here it is:
“It is a good and just thing that Judge Hoffman reflects so candidly on the rampant imposition of extreme prison sentences. Other factors, besides those he mentioned, are the injustices of the plea bargain system, the fact that former prosecutors are over-represented on the judges’ bench, and a profession-wide bias against allowing convicted persons to have a voice. I am perhaps an exception to the latter. I was sentenced in 1994 in the Live Free or Die State to serve 67 years in prison after three times refusing a plea deal, proffered in writing, to serve one year. I am now 65-years old in my 25th year in prison for a crime alleged to have occurred when I was 29, but that never actually occurred at all. Why else would someone decline a single year in prison and risk sixty-seven?”
Judge Morris Hoffman makes a critical distinction about the sentencing of offenders in his court. “We have a duty to punish wrongdoers,” he wrote, “but that duty comes with the obligation not to punish them more than they deserve. Much of our criminal justice system has lost that moral grounding and our use of prisons has become extreme.”
I must add a qualifying principle to that. It is not just the offense that is being punished, but also the offender, and that requires evaluation for factors that may mitigate a sentence. Refusing a one-year plea deal offer may be seen as a defendant having no remorse. It may also be the result of actual innocence, something that too many judges simply never consider.
A far more egregious example is that of Pornchai Moontri who has served 27 years in prison for a crime that he did commit. But today every objective observer of that story agrees that his offense at age 18 was the direct result of extreme conditions that were never evaluated. That memorable story was told in “Pornchai Moontri, Bangkok to Bangor, Survivor of the Night.”
Pornchai has vastly demonstrated that he is no longer the abused and homeless teenager who committed a desperate act on March 21, 1992. He is to be deported upon completion of his sentence in two more years. His only hope for some relief from that sentence – as is mine – was a political solution. Maine’s Republican Governor Paul LePage is leaving office and had the ability to commute those last two years. In various articles, he has spoken of his concern for the homeless and abused, and for victims of domestic violence. He had no political risk whatsoever in evaluating this story, but he reportedly refused to even look.
The First Step Act is a step in the right direction, but only a step. Justice requires taking it out of the hands of politicians and placing it where it belongs — before judges who are permitted the discretion to do what they are supposed to do: judge.
Editor’s Note: Please share this important post, but don’t stop here. Learn more about prisons and the potential for restorative justice with these related posts from These Stone Walls:
The Shawshank Redemption and Its Real-World Revision
Prisons for Profit and Other Perversions of Justice
At Play in the Field of the Lord
Cry Freedom: A Prisoner Unlocks Doors from the Inside
