Profiles of Injustice

KELLY TURNER

In 1997, Kelly was sentenced to life in prison under the Three Strikes law for attempting to pass a forged check at a department store in Los Angeles.  She served over 13 years for her crime before her sentence was reduced on a technicality.  Kelly was released from prison two years ago with the consent of prosecutors who agreed that she had served enough prison time for her crime.

Kelly is now a productive member of her community. She is happily married, and working, and speaking about her experiences behind bars.

BERNICE CUBIE

Bernice was sentenced to life under the Three Strikes law for simple possession of $10 worth of drugs. She is now 59 years old, a grandmother several times over, and she suffers from an advanced form of terminal cancer. Bernice walks with the assistance of a cane and had one of her kidneys removed while in state prison. She has served over 14 years for her drug offense. Bernice has never injured anyone.

Earlier this year, at the recommendation of prison doctors, the executive committee of a California parole board met to consider a compassionate release petition for Bernice. Despite the fact that Bernice has less than six months to live, is ambulatory only with the assistance of a walker, and would be housed by her daughter and a trained drug-treatment counselor, the parole board denied her release.

Under current law, Bernice would not have another opportunity for parole until 2023. Murderers and rapists receive shorter prison sentences.

SHANE TAYLOR

Shane is currently serving a life sentence for simple possession of 0.14 grams of methamphetamine. Shane’s prior strikes were two burglaries, which he committed within eleven days of each other, when he was 19 years old. Nothing was reported missing from these burglaries, except for a checkbook that was recovered by police before any money was withdrawn.

Like many Three Strikes inmates, Shane grew up in an impoverished and abusive home. His mother was a prostitute, and Shane regularly witnessed violence and substance abuse as a child.

The judge who sentenced Shane to life in prison now regrets the decision and publicly speaks out in favor of releasing him. The deputy district attorney who prosecuted Shane under the Three Strikes law also believes Shane’s sentence is unjust and has joined the effort to win his release.

Since being incarcerated in 1998, Shane has been a model inmate, participating in prison education, sports, and work programs. Despite these facts, the minor nature of his criminal history, and the support and advocacy of the judge and prosecutor, Shane remains in prison today. He has already served 13 years in prison for simple drug possession, and the United States Supreme Court recently denied his last possible legal appeal.

Under current law, Shane will have his first opportunity for parole in 2024.

DALE GAINES

Dale is currently serving a life sentence for possession of stolen property. He is mentally retarded and severely mentally ill. He has been diagnosed with a number of mental illnesses, including paranoid schizophrenia. After his trial and conviction, the deputy district attorney who prosecuted his case wrote to Dale in prison to say that she regretted her role in his imprisonment and that his sentence was excessive in light of his mental condition. Courts have rejected all of his appeals.

At the time of his arrest, and for most of his adult life, Dale was homeless and addicted to drugs he used to self-medicate his mental illnesses. His prior crimes were nonviolent burglaries, where victims were never confronted and no weapons were ever used. He has never hurt anyone.

Prior to his trial for his current offense, Dale was found mentally incompetent to stand trial by two independent psychiatrists. His ability to read, write, spell and perform numerical operations has been evaluated at or below the first percentile of all adults.

Dale is currently housed at a medical prison facility and receives intensive mental health treatment, including counseling and medication. He has already served over 15 years for his crime. Under current law, his first opportunity for parole will be in 2022.