February 1, 2023
Dear President
Biden:
I am a 71-year-old African-American veteran of the
U.S. Navy, honorably
discharged in 1982. I
held a top secret
security clearance for
nuclear weapons
training. I am now the
founder of Veteran
Community Mentors and
author of its Mission
Statement (enclosed).
I cannot accomplish
the mission unless I
receive a sentence
commutation from you.
I hope
that you are concerned
that after serving my
country from 1976
until 1982, I was
convicted and
sentenced to life
imprisonment without
parole possibility
having no prior
criminal history
except for a few
traffic violations. No
one was killed in the
incident for which I
was incarcerated where
I brought four
hammers, cartons of
nails, $700 in cash,
an uncharged pneumatic
speargun which could
not have been fired,
along with other
personal paraphernalia
on board a FedEx cargo
flight that I had been
scheduled to fly the
previous and
subsequent days.
Although I incurred
the most serious
injuries in the
fracas, I took full
responsibility and
apologized to my
fellow crew members in
a letter that was
published in the local
newspaper. I derived
no possible benefit
from my conduct, which
makes what I did a
self-victimizing
“crime” with no
criminal intent. The
trial judge, a
conservative
Republican who removed
my case from a
rotating docket which
would have sent it to
the late District
Court Judge Jerome
Turner (a liberal),
instructed the jury
with a “general
intent” instead of the
legally required
“specific intent” mens
rea element.
That was enough to get
a guilty verdict
instead of a not
guilty by reason of
insanity verdict,
which would have
allowed me to receive
treatment and be
released long ago.
While on the Supreme
Court, Justice Anthony
Kennedy repeatedly
said "Judges are
corrupt." His message
resonates well with my
criminal conviction
and draconian
sentence.
The most
important question now
remaining is whether
(A) justice and (B)
the public welfare is
better served by your
exercising your power
of clemency in my
particular case. The
answer to (A) is
provided by Pro Se
Motion. The answer to
(B) is given by my
Mission Statement at
VeteranCommunityMentors.org
and by my good conduct
record for almost
three decades of
imprisonment. Clemency
is yours to grant or
deny.
President
Ford defended his
pardon of Richard
Nixon by advising the
American people to
consider how much
Nixon had already
suffered as a result
of his crimes. Ford
said “I feel that
Richard Nixon and his
loved ones have
suffered enough and
will continue to
suffer no matter what
I do, no matter what
we, as a great and
good nation, can do
together.” (see
“Someone Must Write,
the End.” Newsweek,
Sept. 16, 1974, 22).
This is where you can
direct any naysayers
and clemency critics.
I hope
you agree that it's
time for reciprocity
for your clemency,
which you will
get from me and
other incarcerated
veteran clemency
recipients who, like
me, dedicate
themselves to pursuing
a rescue effort in
economically and
socially beleaguered
communities across the
United States.
I go
beyond my request that
you grant my
clemency with
immediate release, and
commutations for
honorably discharged
veterans, by asking
that you also stand
beside us, shoulder to
shoulder, in places
like Chicago, when we
make our presence
known. With you
standing there with
us, no one will doubt
our legitimacy nor
oppose our mission!
What
matters most is that
there are good people
who have served our
country honorably and
sacrificially in every
branch of the U.S.
military, but have
also suffered
misfortunes under the
criminal justice
system. From the
highest general to the
lowest private, we
have all served and
suffered in one way or
another.
I believe that
incarcerated U.S.
veterans deserve
clemency despite
having no assistance
from a “Clemency
Project” like that
which has helped
nonviolent drug
offenders.
I will
close by reminding you
that we all love you
and your family out
here in common-class
America. I hope you
will reciprocate our
love for you with love
and mercy toward
incarcerated veterans
and our families.
Thank you
in anticipation for
your personal
consideration of this
clemency request.
Respectfully,
Auburn
Calloway #14601-076
U.S.P,
McCreary
P. O. Box 3000
Pine Knot, KY
42635
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