| This has been one of the
most difficult task I have undertaken. As a one time
prison employee, I know the old axiom that all inmates
swear their innocence . Here I am not concerned with
guilt or innocence, I am concerned that our prison
system is overrun with none violent youths. Most who are
convicted in drug sting operations put in place to make
money for the drug task force and city or county
coffers. I am not talking about drug dealers, but youths
who bought drugs or was present when a drug was bought.
I am talking about entrapment !!
Our government now uses a method
that was once considered illegal. The laws were changed
to benefit the judicial system. A quote I once heard fittingly
applies. "A
purse in one hand and a sword in the other ", and you
will find corruption. It's all a matter of money,
not justice. The task
force agency went county to county in Tennessee and held
meetings with the county officials. They explained the
plan. They would come into the county and set up a sting
operation, From the proceeds of fines, they would take a
third, the D.A.'s office would get a third and the city
a third. We are talking " A sword and a purse
here" Nationwide, violent offenses account for only 5 percent of all juvenile arrests,
according to the FBl’s Uniform Crime Report. Homicide represents less than 0.1
percent. Instead, juveniles are far more likely to be arrested for non-violent
property offenses (38 percent) and so-called “status” offenses such as underage
drinking, running away, loitering, and curfew violations (18 percent). Time
honored juvenile offenses such as disorderly conduct and vandalism each represent
another 6 percent of juvenile arrests. The FBl’s Uniform Crime Report (UCR) is notoriously unreliable and easily
affected by small changes in reporting and processing procedures. For example,
“,aggravated assault” which represents the largest category of so-called violent
juvenile offenses, is a catch-all category that can include school yard fist
fights as well as cases of only threatened, but not actual, harm.
Other cases were just being present if a fight occurred
as the third party would "instill fear". Ninety-seven percent of the 125,000 federal prisoners are non-violent offenders.
Two-thirds of more than 1,000,000 state prisoners are non-violent offenders."
Crimes that in other countries would usually lead to community service, fines or
drug treatment — -or would not be considered crimes at all — in the U.S. lead to
a prison term. Judges, not juries, almost always determine the punishment, even following jury
trials. In fact, a common jury instruction warns jurors not to consider the
question of punishment when deciding a defendant's guilt or innocence. Teddy
Wayne's Criminal Life.
I will not even try to
convince anyone of the innocence or guilt of Teddy Wayne's
first run in with the law. I will just state facts. The
reporter that thought he was charged with assault was
mistaken. He was arrested and charged with
"instilling fear" as he was charged with
"being present while a fist fight occurred." He
was 16 years old at the time. John, (the slugger) says the
boy (victim) kept harassing him to sell some pot. "
the next time he tries to buy some dope from me, I will
give him something, and it will be my fist" stated
John. The next time did occur and true to his word John
slugged the boy, giving him a black eye.
John and Teddy Wayne were arrested
and the D.A. took the case before the grand jury. The 16
year old's were to be tried as adults. The victim
was an informant for the D.A. to get out of a seven year
drug charge sentence. When the D.A. learned of the incidence
the following day, he took the boy to the emergency room
to get the black eye on record. It was another year before
the trial.
We were not worried about
a conviction. Teddy Wayne's teacher would testify that he
was in her class taking a test at the time of the fight.
He had a public defender who asked could it not have been
Teddy Wayne's cousin who witnessed the fight. The end
result was the jury found John and Teddy Wayne guilty.
They also sent a note to the judge. She did read the note
from the jury aloud to the court room. They asked that the
boys be given "community service" She smiled and
sentenced them to three years communed to four months in
jail and six years house arrest. plus fines.
John's family had
retained a lawyer, and he somehow got John's sentence wavered
and John into the armed services. John loved the military,
later married and is still eleven years later in service.
Teddy Wayne's life however, was destroyed. Teddy
Wayne served his four months in jail, and did fine the
first month of house arrest. He had to be drug tested each
week as part of his probation, even though his case did
not involve drugs. He did not have the monitoring device
some house arrest officers use. How can anyone expect a
teenager to sit at home for SIX YEARS !! I am sure
too, the judge was aware he would break the probation. At
first he would just visit the girl he had started dating a
few hours and rush home. One night he, his girlfriend an a
few friends went riding in the country. They had car
trouble and the police came by and stopped to check.
Having been an inmate at their jail, they immediately
recognized Teddy Wayne and arrested him for house arrest
violation. Back to jail to serve more time. During the
next two years, he stayed in jail more than out. Each time
for house arrest violation. Second
offense
(while still on house arrest)
One night a girl he had
known for several years came by his home and asked him to
ride around with her. She drove to the home of anther girl
and they went in. While there the girl bought a (1) lortab
pain pill from the host. It was several months later that
Teddy Wayne was arrested for selling a schedule substance.
He loudly proclaimed his innocence to his family, and his
mother retained a lawyer. The lawyer was the former
assistance D.A. who had convicted Teddy Wayne several
years before. He believed Teddy Wayne, and demanded to see
and hear the evidence. Plain as day on the tape was Teddy
Wayne's voice saying, "Don't give me that money, it's
not my pill you are buying. and the voice of the girl and
her friend they had visited. The girl who had come
by and then bought the lortab was wired and helping the
D.A. get convictions to get off her drug charges. It's
called "playing tag". The lawyer pointed out
that their own evidential tape was proof that Teddy Wayne
did not sell the drug and asked for a dismissal. The new
D.A. was not persuaded and only changed the charge to
"facilitation". To any one unfamiliar with that
word it means to aid, help, facilitate. In other
words, if you are present when a drug is bought or sold
you can be charged. At his trial he received three years
in prison. the girl who sold the pill got 10 days in jail.
Teddy Wayne was a big time criminal now and serving time
in the state penitentiary. A
different Teddy Wayne Teddy
Wayne was only on parole a couple of months after he was
returned from prison as he had served his time. Although
he was still a caring sweet person, he had changed to a
bitter, system hating young man. He also began taking
drugs, lots of drugs, and any drugs he could get. His
weight went down till he looked like a walking skeleton.
His once healthy complexion was terrible. He became
a drug addict. He still though, trusted his old friends
and it was not long until he had been set up again. Would
he never learn?? Again, the charge was facilitation.
Being present when his friend who was wired bought
drugs. He was again, sentenced to three years in prison.
He went up for parole after a year in prison and was
denied. It will be another year before he can go before
the parole board again. Many of his classmates from high
school work in the prison system and looked him up on
their internet site. They say he is considered a high risk
case. The type who rarely get paroled before their
sentence is served. They say too, that he is involved in
gang activity in prison. My grandson, a gang member. ??
that is so foreign to me. Country kids don't get in gangs.
Gangs exist in inner cities, in large cities, but then
prisons are a city of their own. He now lives in a
different environment from our small rural community. Did the officials target
my grandchild to get back at me with revenge for my
outspoken criticism of the corruption in Lewis County. Did
they, knowing I would not commit a crime find a way to
silence me. Am I and my daughter to blame for the
start of Teddy Wayne's destruction. Some think so. Teddy
Wayne tells me not to give up my fight for justice for his
sister. I feel we let him down by not getting counseling
for him when his sister was murdered. He was the last one
to see her alive, when she left his care and got in the
car with the suspects that night. He and his friends did
not give her the ride to her friends house as she begged
them to. He must have been eaten with guilt, although it
was not his car and he could not have known he was letting
her enter the car of her killers. Her death has made her
family bitter, not care for their duty as citizens or even
want to be law abiding. The indifference the
judicial system showed for her death, has made us all feel
complete disregard for the authority figures or their
laws. Personally, I think their lack of duty to their jobs
are worse than what Teddy Wayne did. I just hope when he
comes back again, he will not turn back to drugs, for his
sake and for his mother's sake. And for his son's sake. I
know that from age 16, most of his time has been spent
behind bars. He has become institutionalized. They
can become so institutionalized they don't know how to act in society," This is
what they get comfortable with. In prison they are at
home." Would
his life have been different if he had not been treated
like a criminal at age 16. Even though the jury thought
him guilty, they also thought "community
service" was a fitting punishment. That alone
showed they did not think it was a serious act. Personally
I feel that Judge Cornelia Clark paved the road to a
life behind bars for a sixteen year old. Teddy
Wayne is now 27 years old. Keep this young man in your
thoughts and prayers. Some day he will return to society
and we hope the system has not created a monster who has
finally turned violent. |