SIX: The Parole Board (a departure from the usual)

It's been so many weeks since my last entry. I have many excuses including parole hearings.

I have a friend who has been in prison longer than I've been alive. She is actually the longest serving female prisoner in California (possibly U.S.) History (approaching 40 years). She was originally sentenced to death - a sentence that was automatically commuted to "7 years to life" when California laws changed in 1972. She has been eligible for parole every few years since she completed her 7th year and has been denied 12 times although she has, for at least three decades, met criteria for parole including recommendations for parole from CDC's prison staff (therapists and wardens and what not).

She was recently diagnosed with terminal brain cancer and so her family requested "Compassionate Release" so that she can receive visitors in the hospital and say goodbye (She is too sick to actually leave the hospital where she has been housed for the past four months but is not allowed visitors).

As far as I understand, the criteria for Compassionate Release is "less than six months to live" and "no longer a threat to society." The first criteria has been met according to the California Department of Corrections (CDC) own physicians and the second criteria has, I believe, been met for many years by her exemplary prison record and tireless devotion to benevolent volunteer work of any and every kind during her incarceration. Further, her physical infirmity (paralyzed on one side, amputated leg, difficulty speaking) renders her unable to sit up on her own, no less do harm to others.

Because of the stated criteria for compassionate release, I felt confident speaking on her behalf of her status as 'no longer a threat' at her recent Parole Hearing in Sacramento. I was among about 25 family and friends who spoke in support of release including her husband, brother, nieces, long time friends, Californians for responsible use of taxpayer money, and the original Prosecutor in the case (the one who originally sought (and won) the death penalty).

All those in favor of release spoke first, followed by about 5 or 6 people - among them family members of the victims - who were against her release. The Parole Board voted (supposedly unanimously) to deny the request.

I was obviously disappointed since I would like to say goodbye to her before she dies. But I was also a bit miffed since she clearly meets the criteria for compassionate release and thus wonder why they have criteria at all if they do not judge based on it. That said, the philosophical argument for release is a bit more muddled for me. I left Sacramento confident that legal justice was not served but with many questions about the meaning of "justice" in this situation.

She participated in horrible crimes which resulted in the murders of several people - denying their families the ability to say 'goodbye' and so the argument (logically) goes. But she was also 19 at the time and has, nearly every day since those events, attempted to repent for her actions both directly to the families of the victims but also through years and years of service through programs at the prison - She's been a model prisoner for almost four decades. If her demonstrated profound sorrow and regret and evolution as a human being can not be acknowledged and rewarded than what is the point? Why not simply put every convicted murderer immediately to death? Might a collective ability to grant forgivness and redemption at least allow something good, something evolved to come out of something horrible? And if not, how do we answer for the inconsistency of time served for murder? My friend participated in particularly 'notorious' crimes - but the lives of those victims were no more valuable; their deaths' no more tragic than the lives of those taken anonymously by perpetrators who were paroled after far shorter time served...

And of course, it is easy for me to imagine that this theory might cease to have any real meaning or weight to me if someone I loved was murdered. I can only imagine (unsuccessfully) what that would be like and therefore how I might feel about the perpetrator.

Perhaps feeling genuine sorrow and regret, being a 'good person,' and having 25 people in her life who love her and stood up in support of her should be acknowledgement and reward enough.

Don't know.