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News (Media Awareness Project) - US NY: Mandatory Drug Sentences And A Mother's Long Journey
Title:US NY: Mandatory Drug Sentences And A Mother's Long Journey
Published On:2002-06-09
Source:New York Times (NY)
Fetched On:2008-01-23 05:19:33
MANDATORY DRUG SENTENCES AND A MOTHER'S LONG JOURNEY HOME

PATERSON, N.J - Albany is engaged in its spring chess match, the
legislative session's endgame where bishops and knights plot their
strategies. But let Melita Oliveira's story speak for all the pawns, as she
moves one space at a time toward home.

Ms. Oliveira left home 15 years ago to visit her sick father in Peru and
hasn't really returned. An acquaintance there asked her to carry a small
package back to New York. She says she thought it was diamonds. The police
at Kennedy International Airport found cocaine.

Ms. Oliveira was a seamstress working two jobs here and a single mother
raising five children. She had no criminal record and swore she had no idea
she was carrying drugs. But she was found guilty and sentenced to 15 years
to life under New York State's Rockefeller-era drug laws, which carry some
of the nation's toughest sentences.

Ms. Oliveira, a small woman now 58, told the judge that the sentence would
be "an indirect crime" against her children. He gave Ms. Oliveira the
minimum allowed, 15 years, and she remembers him saying, "I can't change
the law."

The children were torn from one another; some were placed with relatives or
guardians and some were left on their own. "We were incarcerated, too, just
on the outside," said one daughter, Liz Munoz.

The youngest daughter, Julie Colon, was 9 at the time. In visits and phone
calls, "She would say, 'Mommy, when are you coming home?' " Ms. Oliveira
recalled. " 'When are you coming home? I need you.' "

Julie's grief turned to teenage anger. "I was very depressed and suicidal,"
Julie said. "I would slam the cabinets. I would break glass. I would carve
on myself, I guess just to feel pain."

Now a 23-year-old college junior with a 2-year-old son, she is a vocal
advocate for changing the Rockefeller laws. She said: "I never understood.
Fifteen years. Why so long?"

Gov. George E. Pataki and Democrats in the Assembly have long agreed that
the 29-year-old laws are unduly harsh and rigid, imposing longer minimum
mandatory sentences for some first-time, nonviolent drug offenses than for
rape and manslaughter. The November election is forcing the issue.
Lawmakers want to remain tough on crime while appealing to Latino and black
residents, who are heavily represented in prison and the object of wooing
by the Republican governor. Everyone agrees that judges need more
discretion and that sentences are too long, but not on how much to ease the
laws.

Just as the laws that held her for so long appear to be inching toward
change, Melita Oliveira is inching toward home. With a perfect prison
record, she won clemency 18 months ago. Then the Immigration and
Naturalization Service threatened another punishment: deportation. Amid
news media and political attention, a judge interceded to stop that. Now
she's living in Queens but can't move back to her family here until
clearing another hurdle - transfer of her parole case to New Jersey.

Ms. Oliveira guided her children from prison. She had been a teacher in
Peru and stressed education. She told her son Esly Panduro, "Never leave
your brothers and sisters; stand behind them."

About a decade ago, as a 23-year-old veteran of the Persian Gulf war, Esly
began reuniting his siblings in their old house in a frayed Paterson
neighborhood. "We pushed each other," Julie said. One sister is a nurse,
another is a sales representative at a bank. Esly is a police officer and a
Rutgers University student. Another brother works for a towing company.
Julie is studying literature and drama at Jersey City State.

Ms. Oliveira is allowed to visit her children. Sometimes, she's like Mom of
old. Julie says that when she comes home from school and her mother is
there, "She'll say, 'Are you hungry?' "

"I say, 'No, Mom,' " Julie said. "She says: 'You have to eat. You have to
eat.' I think she wants to fill that void."

The lost time is an open wound. One day in the kitchen, Ms. Oliveira
suddenly started weeping. "She said: 'It was my fault. I left you when you
were a baby,' " Julie said.

On Friday night, Julie picked up her mother for a weekend visit. Ms.
Oliveira told her she hoped to be home for good by September. In Paterson,
Ms. Oliveira settled into the living room. She remembered her recurring
jailhouse dream. "I saw myself coming up the stairs and you were all here,"
she said.

The house was alive with Ms. Oliveira's children and grandchildren. "And
we're here," Julie said. She smiled at her mother.

"Pinch me," Ms. Oliveira said.
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