Tag Archives: prison

What Is Innocence Worth?

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In its recent Nelson v. Colorado decision, the Supreme Court affirmed what might have seemed to require no formal affirmation—namely, that a person whose criminal conviction is overturned on appeal is entitled to the return of any fees, court costs, or restitution paid to the state as a result of the conviction. Previously, the state of Colorado required an exonerated defendant to file a separate civil suit and prove actual innocence by clear and convincing evidence before funds would be repaid. Having a conviction overturned on a mere legal technicality would not suffice for financial recovery. The central question in the case—which was decided six to one in favor of the petitioners, with Justice Clarence Thomas dissenting—concerned due process.

While it was notable that the Supreme Court took up such a seemingly self-evident case, the Court did not address the question of compensation for periods of wrongful incarceration. Justice Ginsburg, writing for the majority, explained that the “[petitioners] seek restoration of funds they paid to the State, not compensation for temporary deprivation of those funds. Petitioners seek only their money back, not interest on those funds for the period the funds were in the State’s custody.” Justice Ginsburg continued: “Just as the restoration of liberty on reversal of a conviction is not compensation, neither is the return of money taken by the State on account of the conviction.” She made it clear what compensation is and what it is not: While compensation may be the return of something wrongfully taken, it is not necessarily compensation to be released from prison in which one was held for no lawful reason in the first place. Compensation is something more—an award for loss, suffering, or an injury. Continue reading

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What Attica Prisoners Want Harvard Law Students to Know

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The last great book I read made me cry and grind my teeth and pace my cell. It was written by a Harvard Law School graduate. It was Bryan Stevenson’s Just Mercy. With the best education in America, Mr. Stevenson chose to “get close to,” defend and ultimately save the lives of people on death row. People on these kind of missions—playing a bigger game in life—make murderers like me melt.

My name is John J. Lennon and I am a thirty-nine-year-old prisoner serving twenty-eight years to life at Attica Correctional Facility in western upstate New York. I was convicted of selling drugs and shooting a man to death on a Brooklyn street in 2001. I’m sorry for killing him, I’m sorry for it all.

That said, I’m not just a murderer. Today I’m also a journalist. Years ago, I fell into a couple of opportunities at Attica. In a privately funded pilot college program, I learned how to think better. In a creative writing workshop, I learned how to write clearly. Since then, my words have appeared in publications that make them matter. Continue reading

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The Murderer’s Reckoning:
An Interview with John J. Lennon

 

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John J. Lennon’s essay “The Murderer’s Mother” appears in our 2016 summer issue. In this interview, Lennon, who is incarcerated at Attica for a drug-related murder, tells us more about his background, how he came to writing, and what it’s like to be a journalist behind bars.

The Hedgehog Review (THR): What was life like growing up?

John J. Lennon (JJL): I grew up poor, with a single mother, in a Brooklyn housing project. But I had more opportunities than most kids in the projects because my mother made money running hot dog stands. She was able to send me away to boarding school from fifth to eighth grade. It was mostly upper class, privileged kids, about thirty of us, living in a mansion on the Hudson River. In the seventh grade, I won second prize in an essay-writing contest. They gave me a $75 savings bond. (Two years later, I would swipe it from my mom’s drawer, cash it at a discount, and buy drugs.) Things got bad in my adolescent years. I’d learned my real father committed suicide and then we moved to Hell’s Kitchen. Mom enrolled me in public school, and all of a sudden, life was much less sheltered. At the time, the reputation of a murderous Irish mob called the Westies—most of whom were sent away to federal prison in the 1980s—seemed to rule the neighborhood.

Just to give you a flavor of the time, here’s a short anecdote: It was 1991 when I first met Danny, a then-thirty-something Westie who had somehow managed to avoid indictment. My friend Terrence and I were holding down our street corner. Full of swagger with dark hair and blue eyes, Danny winked at me when he walked by, “What’s up, kid?” “You know,” Terrence told me after he passed by, “Danny killed a guy before.” When I heard that, it wasn’t just fear I felt, but admiration, too. It was then that I began to see murder more as a revered deed among gangsters than as the mortal sin it was among civilians.

THR: Tell us more about the crime that sent you to prison.

JJL: Alex, the man I killed, was, like me, in the drug game. At the outset, the murder was about money, drugs, and respect. As sick as it sounds, it was also about this need for me to complete my image. (I think many murders committed within gangster culture have a lot to do with broken boys and young men who want to earn status in a subculture that they otherwise cannot earn in mainstream culture.) I shot Alex several times with an AR-15 while he sat in a car, then dumped his body off a pier. It was a terrible crime, for which I’m deeply sorry. This all happened in December 2001. Continue reading

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