OPEN THE DRUG GULAGS

A Rescue Mission for New York's Governor

New York Governor Elliot Spitzer's approval rating is at an all-time
low of 36%, according to a recent survey conducted by the Siena
College Research Institute. This is a far cry from his 69% approval
rating when he took office. The survey polled about one thousand
voters in December, of which 47% said the governor should become a
"kinder, gentler governor." But 41% of Republicans said they doubt
whether the transformation can be made.

The question I pose is, "How can Gov. Spitzer counter his downward
spiral and start winning back the voters of New York state?" One
answer is to show the citizens of New York that, despite the
negativity generated from the trials and tribulations of his
governorship, he is still an individual who shows compassion for
others. Compassion, a virtue found in many great leaders, is said to
be not sentiment but the act of making justice through works of mercy.

With the coming holiday season in mind, I recommend that Gov. Spitzer
go on a personal rescue mission and grant executive clemency to the
large number of Rockefeller Drug Law prisoners who have fully
rehabilitated themselves and already served enormous amounts of time
behind bars under the draconian provisions of mandatory-minimum sentencing.

In granting a record number of clemencies, Spitzer would be following
in the wake of recent trends that favor reducing racial disparities
precipitated by the War on Drugs. Just last week the Supreme Court
returned to judges their discretion over following the rigid
structure of federal sentencing guidelines in drug cases, and the
U.S. Sentencing Commission created changes in crack cocaine
sentencing that would retroactively set free 20,000 prisoners.

Traditionally, at Christmas time New York's governor grants executive
clemency to a number of individuals. Former Republican Gov. George
Pataki granted 32 in his career, with 28 of them being Rockefeller
Drug Law prisoners (point of disclosure: I was one of them). Gov.
Mario Cuomo granted 33 and Gov. Hugh Carey gave out 155. If granted
clemency, a prisoner immediately becomes eligible for parole.
Although parole is not guaranteed, the New York State Parole Board
has released the majority of prisoners whose sentences were commuted.

Today there are almost 14,000 individuals imprisoned under the
Rockefeller Drug Laws; 90% of them are black and Latino. Despite two
minor reforms in 2004 and 2005, a welcomed first step, the majority
of Rockefeller prisoners were not touched by the changes. Out of
around 1,000 Rockefeller prisoners who became eligible for judicial
relief, only about 450 regained their freedom because of procedural
road blocks created by prosecutors. The New York Sentencing
Commission appointed by Gov. Spitzer to review sentencing procedures
failed to address Rockefeller reform in a preliminary report issued
this November.

With the swipe of his pen, Gov. Spitzer could rise above this
long-standing political quagmire that has prevented fully
rehabilitated prisoners to reenter society and be reunited with their families.

For many of those who have fallen through the cracks of Rockefeller
Drug Law reform, their only hope to regain their freedom is through
the act of executive clemency. There will be many families praying
this holiday season that Gov. Spitzer shows his compassion for those
who have taken upon themselves to improve their lives and are ready
to reenter society as productive citizens.