Get In The Game!! Let the Governor Decide!
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You’ve probably heard that the Governor/Lt. Governor’s special one-month-only Marijuana Pardon Project ended with over 3,500 applications. That seems like a pretty impressive number … until you compare it to the 51,604 convictions for the same two crimes in just the past ten years! Even worse, instead of going right to the public hearing as promised, the Board voted to “hold [them] under advisement” (whatever that means) to give “people” notice and the opportunity to comment.
What a waste of time, effort and money — especially when there’s already a 2,000+ backlog of other clemency applications waiting for attention for more than 18 months! And what’s happening with our Petition for a General Pardon for non-violent marijuana offenses, delivered last July? Dunno. No word, no action by the Board of Pardons.
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BOP: Simply NOT the Fightin’ Phils (Yet) |
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Anyone who’s been watching the baseball playoffs (haven’t they been great?!) knows this image: the umpire calling a third strike, and with a gusto befitting the end of an inning.
Last January, the Board of Pardons decided to cut the number of hearing sessions from four per year (where it had been ever since August 2009) to just three, promising as it did so that it would hear more cases per session and make sure to keep up with the quickly rising number of applications. And did they? No way. Not even close.
Earlier this month at their final Merit Review of the year (when they decide who “merits” a public hearing), not only did they table all of the special marijuana cases, but they considered just 52 pardon applications, total. 52! Down from hundreds in past sessions.
At their last trip to the plate, bases loaded, hundreds of families depending on them, a real chance to deliver on their promise, they just stood there and let the inning end. True, they did approve 84% of the 52 – pretty much the same as always – and of them, 75% received 4 or 5 votes – pretty much the same as always. So that didn’t require much effort. Bats on their shoulders.
The five members of BOP have one final trip to the plate, the bottom of the ninth: the public hearings in mid-December. The way we count it, there are well over 200 people who have already made it on base, having made it through Merit Review earlier this year but have not yet been given their hearing. Whatever you do, don’t leave them stranded!
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There are 400,000 people in Philly with convictions and criminal records. Expungement clinics can offer a fresh start.
(Photo credit: Steven M. Falk, Inquirer Staff Photographer)
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“Albert Price always wanted to be a firefighter. As the Germantown native grew up and into young adulthood, he had a plan for his career path: He would first go into the military, and then join the Fire Department after he finished his service. But that path has been completely shut off to him for the last 30 years, ever since he pleaded guilty to a crime he never committed.”
This is the way Nate File began his story in the October 20 Philadelphia Inquirer. You’d think it would be about the Innocence Project, right? Using DNA evidence to free someone from prison. No. It was about PLSE, and the community outreach events we are holding all across the city.
Nate continues: “Price was just 21 when he was fixing up his car behind a friend’s house and a pair of police officers pulled up. The officers had received complaints from neighbors about the noise Price and his friend were making on the car and ran the vehicle information for each man’s cars through their database. It turned out Price’s friend was in possession of a stolen vehicle. Even though Price had no idea about his friend’s car, he was charged with felony-level receiving stolen property. He pleaded guilty to avoid jail time.
“Now 51, Price is just one of thousands of Philadelphians who carry a criminal record with them every day of their lives….”
Be sure to read Nate File’s whole story: it’s terrific and it’s here.
PAY ATTENTION, BOP! THESE are the men and women we are swinging for each and every day.
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The temperature might be cooling down, but like the Phillies, things are staying hot-hot-hot at PLSE! Thanks to the generosity of the Promise grant and the support of our community partners, PLSE is holding more clinics than ever before, all over the city. From our August and September clinics with the Philadelphia Cannabusiness Association in Germantown, to our September 17th clinic in South Philly in conjunction with our longtime partner and justice advocate Councilman Kenyatta Johnson to our upcoming clinics in South Philly on October 29th in partnership with the Urban League and our November 5th clinic at in West Philly at Philly Cuts Barbershop (pictured above, holding another community event) hosted by the People’s Emergency Center and staffed by Penn Law students, PLSE continues going to neighborhoods around the city.
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Adding Strength to our Bench |
Heading into the fall championship season, we made sure we were ready for all the clinics! Last month, we welcomed back Moriah Mendicino, Rutgers-Camden ’22 – once a summer intern and now, for the next two years, our staff attorney/Equal Justice Fellow. This month, we welcomed another attorney Terrence Way, a graduate of Notre Dame Law (wow, is our reputation growing!) and paralegal Julia Scott, who graduated from George Washington University in 2020. They all have already taken the field, working with pardon clients, answering the phones, and drafting petitions for expungement.
On the part-time side, we welcomed two new student administrative assistants: Gabriel Skatoff from Drexel, and Adja Kiende from Temple. Gabriel and Adja will be working in our Post-Expungement Unit, helping to process Court Orders. (More on that Unit’s work next month!) And we also been joined by our first-ever Business Manager, LaShonda Ellis, who is taking over billing, invoicing, reports, and vendor management, and is already proving to be a gifted utility infielder, providing tremendous support to everyone!
Welcome LaShonda, Gabriel, Adja, Terrence, Julia and Moriah! Now in our 12th year of service to Philadelphia, we’ve never before had a better, stronger, deeper or more determined team!
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Every great team needs a great Designated Hitter – the one who doesn’t take the field with the team every inning but is there for you at the plate when you need them. For the Phils, its Bryce Harper. For PLSE, it’s Peter (“Tad") H. LeVan, Jr.
Tad’s a named partner in LeVan Stapleton Segal Cochran LLC, which not only specializes in sophisticated commercial litigation and appellate matters, but also has had, since its founding, an exemplary commitment to public interest and pro bono, with every attorney devoting at least 100 hours per year to public service. In earlier seasons, Tad’s teamed up with Community Legal Services and constitutional law Hall of Famer Seth Kreimer, Professor at Penn Law, in large-scale public interest work challenging the constitutionality of Pennsylvania statutes that unfairly restrict and impose unlawful barriers upon thousands of Pennsylvanians, and whose effects most often disproportionately fall on economically disadvantaged individuals and communities of color. He's twice racked up Wins in challenging Pennsylvania’s Older Adults Protective Services Act – striking down the lifetime employment ban on individuals with prior criminal convictions and now, thanks to them, requiring them to consider how long ago the offense occurred, the type of offense, the needs of the current employment position, or any rehabilitative efforts the individual may have undergone in the meantime. You know: fairness.
This past summer, he joined our team – or, rather, we joined theirs. PLSE is now a plaintiff in the Commonwealth Court case of A.W., et al., v. PA Department of Human Services, challenging Pennsylvania’s Child Protective Services Law, 23 Pa.C.S. §§ 6301–6395. That law allows low-level government employees to identify people as child abusers and put their names in official, published lists, without any prior notice or hearing. Once listed, the individual’s reputation is immediately shattered, and faces a wide range of collateral consequences including bans on employment, adoptions and service as a foster parent, and volunteering in educational and recreational activities involving children (including their own)… just like many criminal convictions do, except there’s no judge, no jury, no hearing, and in practical terms no appeal. You simply won’t believe how truly horrible the system is until you read the Petition for Review Tad filed.
“I am grateful for the chance to address the clear constitutional deficiencies in the ChildLine registry system,” Tad said recently, “and look forward to the Court awarding meaningful declaratory and injunctive relief to the thousands of Pennsylvanians who are unlawfully affected each year.” And we’re grateful to have you with us, Tad! Take aim for the seats and swing away.
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LALSA in Lehigh: Growing our Farm Team |
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And how did the event go? Great! As the Defenders counseled about court proceedings, the students helped over a dozen individuals figure out what their criminal records were and what they could do erase them. The students met people like themselves, working so hard and doing the best they can but whose paths had been fundamentally changed by a single event. One case stood out for 2L organizer Anderson Amaya: a woman who had committed a drug offense in the 1980s. “She was so humble and concerned about the process, but she seemed so hopeful afterward. It was particularly impactful due to the sheer fact that a woman in her 50-60s, who hasn't hurt anyone, even needed to be there to seek help. She shouldn't have had to be there in the first place, and if our system functioned better, she wouldn't be.”
“It was fantastic,” said Public Defender Kimberly Makoul. “The people who came looking for help not only left informed but respected. The students brought energy, empathy, and optimism that everyone felt. Word will spread. The next one will be even better.”
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In this newsletter (as in all the others), we’ve hyperlinked newspaper articles, legal filings, and webinars that explain and highlight PLSE’s work. The good news is that more and more people are talking about criminal records, how devastating they are to individuals, families and communities, and how important it is that they be erased. That is essential if we are to stop the mindless political scaremongering and make pardons the ordinary and expected end to a conviction once the offenders have repaid their debts to society as a judge has determined.
So if you’re interested, here’s more to read and watch, from just the last 30 days:
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It’s always wonderful hearing from people who value what we do. Here are a few that are particularly meaningful to us:
From a Pardon Applicant who sought advice from PLSE:
“Hello, I'm a hopeful pardon applicant. I applied in 2020. I watched all your videos and it's been helpful. I have no felonies, no violence, no sex, all fines paid and it's been over 20 years since my crimes. I pled guilty to misdemeanor charges when I was a teenager because it was not felony, imagine my surprise when I realized a M1 is considered a felony in the feds’ eyes. I'm now 43 and I’m still living with the shame and loss of rights. I'm still waiting for my hearing. I love what you’re trying to do. Thanks for answering my emails. I really hope you continue to try and make things better for people.” — WJ, York PA
From a Pardon Fellow:
“I am and will continue to be eternally grateful for the work you and your team do and have done. It has been rare for me to meet people who care so deeply for the struggles of others. You could have simply lived your life with a ‘not my problem’ attitude but instead you rolled up your sleeves, embraced community members that society would rather not think about, and led the fight. Thank you for that. Thank you for not looking the other way. Thank you for not viewing us as less than.”
— Tom Cook, Member, Pardon Project Steering Committee, and Pardon Fellow, Pardon Project of Lackawanna County, Scranton, PA
From the national organization that is funding our Equal Justice Works Fellow:
“We are proud to have provided a Fellow to PLSE in its earlier years, when it was emerging as the area’s leader in expunging criminal records. Since then, PLSE has led the reform of Pennsylvania’s pardon system… Moriah Mendicino is a passionate and energized young attorney. We are confident that she will help PLSE reach new heights in service to people who were once justice-involved and now so clearly deserve the opportunity to pursue their potentials.”
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Philadelphia Lawyers for Social Equity
230 S. Broad Street, Suite 1102, Philadelphia PA 19102
(267) 519-5323
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