Gerald J. White, Jr. authors the story below the fold. His son Gerald was sentenced to Life Without Parole under Washington's 3-Strikes in 1996. None of Gerald's convictions qualify as a "Serious Violent Offense". One was for Robbery 2, a crime the state Sentencing Guidelines Commission recommended removing from 3-Strikes in 2001.
Washington is the first 3-Strikes state in the nation. Typical of national trends, politics has trumped evidence, cost considerations, and ethics, blocking reform for over a decade. Leadership in the majority Democratic party is believed to have opposed reform this year.
From 1994-2000, nearly 100 defendants with no conviction for a serious violent offense were sentenced under Washington's 3-Strikes. That dropped to about 40 defendants during the next 7 years. Tom McBride, testifying for WA Association of Prosecuting Attorneys to oppose reform this year, acknowledged that some of these life sentences are questionable.
Join the Rapid Response. Image above: L-R, Gerald White III, Shirley White, and Gerald J. White, Jr.
ONE DAY IN THE LIFE
Gerald J. White, Jr.
One day in my life stands out like no other. It represented the epitome of happiness and hope, sadness and despair.
January 16, 2002, I received a phone call from my son. That may not sound special to most but this was the first phone call that I had ever received from my son.
You see, we were separated by a bitter divorce when he was a baby barely two years old. His mother and I were "incompatible" and back then, fathers did not get much consideration. They were awarded the liabilities and the mothers generally got the assets, the most valuable being the children. His mother remarried, changed their names, and voila, he had a new father.
Life goes on. We searched for my son many, many times over some 50 years. I really thought that I would never see him again -- that I would die never having any relationship with my one and only biological child.
My wife took the call. When he asked for Gerald White, she asked who was calling. His given name being the same as mine, she asked again who was calling and he again stated his name - same as mine. "BUT WHO IS CALLING???" He again stated his name. It took several exchanges before the light bulb finally lit up. "IS THIS JERRY WHITE III???" "That would be me!!!" he softly replied. This story has been joyfully and tearfully told and told and told. A 4th of July celebration. New Year's Eve party, winning the World Series or the Superbowl - nothing could ever compare with the elation of that moment. Adding to our happiness was the fact that he obviously was just as happy to find us as we were to locate him. He said that he was all goosebumpy and of course we were absolutely ecstatic!
However, our spirits were soon dampened... as we learned that he is serving a life sentence without the possibility of parole under Washington's harsh "3-Strikes" law. Imagine our shock since we are a proud and law abiding family, many members in law enforcement. His story tells of a long series of things that should never have happened. Addicted to heroin at the age of 15, the streets of Seattle were his home; bikers, junkies, prostitutes were his family. With the lack of any parental love and guidance and no strong family support whatsoever, his entire life was focused on the crime necessary to maintain his very bad habit. His involvement in narcotics was the direct and proximate cause of his criminal activities which of course culminated in this "never-ending" punishment for him.
We found ourselves on an emotional roller-coaster since we feel that he deserves our empathy, our care, and our love, and yet we can never have him home. On one profound, eternal guilt trip: could we have made a difference? Would it have mattered if I'd boldly asserted my inherent parental rights? Should we have been more aggressive in our searches? Could have, would have, should have?? We ride this roller coaster every day as we're sure all 3-Strikers and their families do. We ascend with the hopes that Washington Legislators will see the injustices and see fit to reform the "3-Strikes" law and then descend when we find that again they will not.
We look forward to the day when the mandatory minimum sentences become history and crimes are punished in accordance to their severity. Our son has been "clean" for many years and is not a threat to society and is not deserving of a lifetime behind bars. Washington law says that the taxpayer must spend $1 million each to keep him and others like him incarcerated. They serve the same sentence as the Green River killer, confessed murderer of more than 48 women, and others guilt of heinous crimes. It doesn't make any sense to us at all. Crime must be punished but certainly taking someone's whole life is cruel and unusual punishment when it's not warranted.
We are of the opinion that the only possible help for our son and other non-violent incarcerated 'strikers' would be the repeal or modification of the unjust "3-Strikes" law. We send that message to everyone that will listen and we will continue to do so at every opportunity. We will never give up!
GERALD J. WHITE, JR.
2009 was the 11th year that 3-Strikes reform was introduced into Washington's legislature. Washington's Sentencing Guidelines Commission recommended removing Robbery 2 and evaluating whether any form of Assault 2, another lower-seriousness crime, should remain on the 3-Strikes list back in 2001. So far the legislature has feared to do so. In the words of a recent Seattle Times editorial -- legislators are afraid of appearing soft on crime. They are softies themselves and should buck themselves up and pass the law. Twenty-four organizations have signed a statement supporting 3-Strikes reform or repeal at fix3strikes.org. That page also provides information on research and legislative history.
If you are from Washington and think this law should be changed, WE NEED YOU. Please consider signing up onto our RAPID RESPONSE list to receive notice of key times to write legislators and prosecutors on this law.