Champion Magazine
Authors:
Howard Zehr and Barb Toews
The
New Press, 2022, 189 pages
Reviewer:
Matthew T. Mangino
“Life without parole is a death sentence without an execution date,” Aaron Fox told Howard Zehr in the early 1990s. At the time, Fox was serving life without parole in a Pennsylvania state prison.
In 2017, twenty-five years later,
Zehr and Barb Toews visited with Fox again.
In their book “Still Doing Life, 22 Lifers, 25 Years Later, Photographs
and Interviews of People Serving Life Sentences in Prison Separated by a
Quarter Century,” published by The New Press, Zehr and Toews not only interviewed Fox 25
years later, they interviewed 21 other lifers, then and now.
Zehr is a distinguished professor at
Eastern Mennonite University and Toews is an associate professor at the
University of Washington Tacoma. Their book immediately caught my eye because
of the home of the lifers—Pennsylvania. I served two terms as district attorney
of Lawrence County, Pennsylvania, a rustbelt community north of Pittsburgh, and
followed that with a six-year term on the Pennsylvania Parole Board. Zehr and
Toews’ book is both fascinating and sad.
The book provides insight into what would seem a hopeless existence and
how these men and women manage to keep the faith, the humanity and the respect
for themselves and others with whom they touch.
In Pennsylvania, a conviction for First or
Second Degree murder is a mandatory sentence of life in prison without the
opportunity for parole. Simply put, in Pennsylvania, life means life.
Second to only Florida, Pennsylvania
has more lifers than any other state. Even more troubling, Pennsylvania leads
the nation in offenders serving life who committed the underlining offense as a
juvenile.
What grabbed me when I first picked
up “Still Doing Life” are the photographs of the 22 people interviewed by Zehr
and Toews. There are two photographs of each person. The first in street clothes
and the second, twenty-five years later—in a similar pose, wearing prison garb.
Bruce Bainbridge explains why, “When
we had to get rid of the civilian cloths due to a policy change in 1995, it was
depressing for me because I had to throw away my identity. That’s one of the biggest things that gave me
character.” He went on to say, “I didn’t want to turn into a prisoner. I still
struggle with keeping my humanity. I don’t want to get numb to that.”
The first interviewee in the book,
Kimberly Joynes, reveals a painfully astonishing short-coming in the criminal
justice system. “When I was sentenced, my judge literally believed that after
seven years it was possible I would be paroled.” Joynes thought, as did the courts,
that she would see the Parole Board.
That was not to be. Now she relies on the possibility of clemency from
the Board of Pardons. Unfortunately, prior
to Governor Tom Wolf, clemency for a lifer in Pennsylvania was about as rare as
Punxsutawney Phil not seeing his shadow.
Ricardo Mercado told Zehr that “It
broke a lot of people here when they [Board of Pardons] changed from majority
vote to . . . unanimous.” Politics, not some evidenced-based practice, was the
reason behind the change.
In 1994, Congressman Tom Ridge was
running for governor against then Lt. Governor Mark Singel. The Lt. Governor serves by statute on the
Board of Pardons. That same year, a
majority of the board recommended clemency for Reginald McFadden.
McFadden was granted clemency by the
governor and committed a series of rapes and murders after his release. Ridge
used McFadden’s clemency against Singel and got elected. Once Ridge took office, he called a special
legislative session on crime and changed, among other things, the board’s
clemency recommendation from a majority of the Pardons Board to unanimity for
serious violent crimes.
The pain of a life sentence is no
better demonstrated than in the second interview with Kevin Mines. Kevin shared with Zehr and Toews when he
called a niece that he didn’t really know very well and she was reluctant to
come to the phone. When she finally did, she told Mines “I don’t know you like
that.” The girl’s mom told Mines, “I told her not to talk to strangers.”
For decades policymakers have
wrestled with holding offenders accountable while still recognizing the dignity
of those incarcerated—all the while trying not to be portrayed as soft on
crime.
A small step in the direction of
dignity is a movement to drop the dehumanizing label of “inmate” for those who
are incarcerated. Cyd Berger, one of eight women interviewed for the book,
makes the best argument I’ve heard in support of such a change. She told Zehr
and Toews in 2017, “There’s no single description of an inmate because we are
people . . . ‘Inmate’ is a word that the prison system gives us, but that’s not
who we are.”
That is exactly what Zehr and Toews
do with “Still Doing Life.” The book
humanizes a group of people who society has hidden away and forgotten. Despite the
seeming hopelessness that comes with being locked-up forever, Aaron Fox told
the authors in 2017, “I have to confess, I’ve been blessed with a good life,
even in prison.”
(Matthew
T. Mangino is of counsel with Luxenberg, Garbett, Kelly and George. P.C. and
the former district attorney of Lawrence County, PA. He is the author of The Executioner’s
Toll. 2010. You can follow him on twitter @MatthewTMangino or contact him
at mmangino@lgkg.com)
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