Getting A Conversation Started About Women Serving LWOP in Bucks County, Pennsylvania

Sharon Wiggins

I set up twelve wooden fold-up chairs around four long, wooden, primitively made tables that I arranged in an open square. One chair was for me. In the middle of the education building at the Solebury Meetinghouse, in a quasi-rural -suburban place an hour outside of Philadelphia I was prepping the room for a free public meeting or rather a conversation that I had been wanting to have for over a year; ever since Peachie died.

The squared stage I set up surrounded by an even dozen chairs appeared warm and balanced-conducive for a conversation about the struggles that women and girls experience while serving life without parole in Pennsylvania. If by chance fewer people showed up for the meeting, the arrangement wouldn’t look empty and feel cold. If by chance more people showed up, there was room to sit behind those seated at the table. I placed my agenda and handouts in a well made basket; a gift from a friend many years a go.

This room, I am comfortable in. In this room, once or twice a month for three and a half years I held Cub Scout den meetings. Two years a go, I welcomed the Fight For Lifers to present their educational initiatives at a meeting I had organized. Scouting and life sentences. There has got to be a connection: the responsibility that we have to be informed citizens? That might be it. By the way I am not a Quaker.

My plan was to share the devotion I have for Naomi, Marie, Sheena, Juvenile Girl, Avis, Joyce, Jessie, Tequilla and others. And to convince the citizens of Bucks County that these are just a handful of the women I have become acquainted over the last three years as an Official Visitor with the Pennsylvania Prison Society and who have earned and deserve to be given the opportunity to be reintegrated into the the free world. But because I have been thinking about this problem of no parole in Pennsylvania for lifers for three years, I have come to realize that the average person in my part of the state, knows nothing about this injustice. Not only for adults, but definitely not about juveniles serving this capital equivalent sentence.

So, because of that I needed to give some historical information about mandatory sentencing, the shut down of commutation and comparisons to other states and countries in order to illustrate with as much punch as possible how Pennsylvania is in a time warp and in terms of penological practices, about as progressive as a closed, oppressed Asian nation. And I realized that before I could concentrate on women’s issues, I was half way through the meeting discussing general prison issues that affect both men, women and their families: the cost of making phone calls, lousy food and medical care, staff turnover, lack of educational opportunities, isolation in remote parts of the state affecting visitation, commutation futility, well trained staff, leadership turnover and that for lifers, doesn’t get any easier or cheaper.

I tried to illustrate all of these struggles with the views and experiences of a woman or grown up juvenile girl serving life. I shared the accomplishments that the women are proud of, the sentence of life that they received that clearly does not reflect their degree of guilt, decades of isolation and the absurdity of being deemed unworthy and too dangerous to live in the free world. Ever. The small and nearly empty visitor’s room at Muncy and Cambridge Springs speaks loudly: where are the male relatives? How can women become better and more effective leaders while incarcerated? How can their voices be heard?

The excessive power that the victim’s rights groups have over our criminal justice system and their success in hijacking any sense of compassion and mercy to our most marginalized members of our society has retarded our spiritual growth. The ignorant and lazy elected officials who do nothing to not only educate themselves about this tragedy, can’t even take the time to meet a women serving life for decades has trumped any chance of Pennsylvania to be an evolving and decent place to empathize with those who have served many decades in prison and who have served their time so well, that many have more to be proud of then those who have never served a single day in prison.

The meeting was attended by nine engaged and thoughtful people. Four of us were already in this struggle and the remaining five came with some knowledge of the absurdity of our overly punitive incarcerated state and have the desire to learn more. The woman from her book club will undoubtedly be more effective in her upcoming group discussion on the book “Doing Life.” I guess this is a step in the right and just direction.

 

(Photo Credit: Pittsburgh Post-Gazette)

Those Who Fell Through The Gap of Justice

Marie “Mechie” Scott

Marie “Mechie” Scott has been serving a life sentence without parole since she was 19 years old in Pennsylvania. She is now 60 years old.  Mechie developed a persuasive legal essay arguing that under rulings by the SCOTUS that take into account that “children are different” when sentenced to the harshest prison sentences, life without parole along with research in brain development which proves that the youthful brain is not fully developed until the age of 25, rulings such as Graham, Roper, Miller/Jackson ought to apply to offenders up to the age of 25 retroactively.  Below is an excerpt from Mechie’s essay:

Personal Background

My co-defendant was 16, I was 19. He is the principal offender of our case. He will be released on the SCOTUS decision in Miller/Jackson if the Supreme Court of Pennsylvania accepts the decision retroactively.  Yet I will remain in prison based on the felony act law that he is no longer governed by. My brain at 19 was no more developed than his and he was more culpable than I was.  I was only a teenager, who had been physically and sexually abused from the age of five to 15, I had been hospitalized in a mental institution in my adolescent years,  I had become a severe co-dependent who had my life saved at my job during a hold-up in Philadelphia by my co-defendant 10 days prior to this terrible tragedy.  I didn’t have the ability to say no when he asked me to be the look out in his hold up 10 days later. Afterwards, I had tried to overdose on pills.

Imprisoning me until I die alters the remainder of my life by a “forfeiture that is irrevocable.” If this lengthiest possible incarceration  is an “especially harsh punishment” for my co-defendant, then it is the same for me. I will have inevitably served more years and a greater percentage of my life in prison than an adult offender.  Forty years ago, my judge sentenced me to life while at the same time, instructed my lawyer to explain to me that my release on parole would be the sole discretion  of the PA Board of Pardons.  I had no reason not to believe that the judge, district attorney  and defense attorney didn’t know what they were talking about! Soon after I met my judge on a tour of SCI Muncy and he visited with me.  He told me that if I “behaved” myself, that he would sign my parole papers after I have served at least the maximum sentenced required for 3rd degree murder.  Unfortunately when I matured, the PA legislature had changed the maximum to 40 years. The is my 40th year in prison. I applied for parole. The BOP responded that they have no jurisdiction over my life sentence.  This leaves me with no meaningful opportunity to obtain my release based on demonstrated maturity and rehabilitation.  (There have been only nine women in PA to be granted commutation since 1971.  Therefore, commutation of a life sentence in Pennsylvania is currently not a meaningful option.)

What is a juvenile under Pennsylvania Law

In the Commonwealth of PA, when juveniles are sentenced to juvenile facilities for violent crimes, they can be held in such facilities until they turn 21.  Pennsylvania child labor laws state that minors are between the ages of 12 and 21.  Juvenile Matters classify disorderly minors between the ages of 18 and 20. A child is an individual who is under the age of 21 who committed as act of delinquency before reaching the age of 18.  A juvenile is a person who has attained 10 years of age and is not yet 21 who is alleged to have, upon or after the juveniles’s 10th birthday, committed a delinquent act before reaching 18  years of age.

Felony Murder

I recognize that in the context of felony-murder cases the question of intent is complicated.  Felony-murder is based on “transferred intent.”  In my opinion transferred intent is not sufficient to satisfy the intent to murder that could subject a juvenile to LWOP. We do not rely on transferred intent if an adult may receive the death penalty.  For juveniles, the inability to consider the full range of consequences  is precisely what we know about the brain under the age of 25.

Wait no longer

The Honorable Judge Mary Jane Bowes wrote in the decision of Commonwealth v. Ludwig that, “Perhaps the SCOTUS may in the future determine mandatory life sentences  for adults under the age of 25, violates the 8th Amendment…that day has not come yet.”  I say that day has come and it is now!  As I enter my 40th year of incarceration at the age of 60 and experience the deaths and terminal illnesses of my aging sisters who have been serving life, I’d like to hold on to the hope that I will one day be released.

Marie “Mechie” Scott

OO4901

SCI Muncy

PO Box 180

Muncy, PA 17756

(Photo Credit: Worldwide Womens Criminal Justice Network)

A specter haunts Pennsylvania

 

Sharon Wiggins

Sharon Wiggins died in March. Wiggins was a 62-year-old Black woman living with serious health problems. But it wasn’t her health that did her in. What killed Sharon Wiggins was the criminal justice system in Pennsylvania. Sharon Wiggins died behind bars at SCI-Muncy, the maximum security and intake `facility’ for all women prisoners in Pennsylvania, as well as the site of its death row for women.

Wiggins entered Muncy at the age of 17, convicted initially to death and then, a few years later, to life without parole. She spent 45 years behind bars. When she died she was the oldest and the longest serving woman prisoner in Pennsylvania. That’s no mean feat. Pennsylvania has more prisoners who began as juvenile lifers than any other state in the Union. Effectively, this means Pennsylvania has more juvenile lifers than any place else in the world.

Reports suggest that Wiggins set out, early on, to improve her life, to atone for her crimes, sins, and mistakes. She finished a degree at Penn State and when on to tutor and to manage tutoring programs. She completed thousands of educational certificate programs. She mentored others; she took care of women and helped women grow, and not only women prisoners. Nancy Sponeybarger, a former counselor at Muncy, has said, “As I got to know her a little bit, she was the one person who always made me feel my humanity.”

On another occasion, Sponeybarger elaborated, “She’s grown into a really insightful, compassionate, capable older woman – despite all the odds, because it’s not like you have a ton of role models when you’re in prison, especially when you’re tossed in there as a little girl.”

Especially when you’re tossed in there as a little girl.

Last June, the U.S. Supreme Court ruled that it’s unconstitutional to sentence juveniles to mandatory life sentences without parole. Wiggins applied for release, and she and her lawyers and supporters hoped that she would be released, at last: “I want to know what it feels like to wake up by myself. Here, you live on public view. There’s always a big piece of glass on your door. I want to wake up by myself. I want to know how it feels to walk down the street. I want to know how it feels to sit in the car and hear the rain just beat down. I want to know how it feels to sit with my sister and have a cup of coffee.”

The State dragged its feet, and Sharon Wiggins died. She never got to know.

Pennsylvania leads the nation and the world in the incarceration of children for life without parole. Last year, nationally, close to 1600 people were serving out juvenile life sentences without parole. Of the girls, almost 80% reported physical abuse, and over 77% reported sexual abuse.

And it gets worse. Historically and immediately, juvenile justice institutions are designed for boys. They don’t work for boys, mind you, but for girls, they’re particularly and specifically toxic, lethal even. The research on this systematic `oversight’ is abundant and easily available.

Custody for girls virtually guarantees that that their unique needs are not met and they react differently to their treatment than boys. Sentencing young girls to LWOP (life without parole) in adult court exacerbates girls’ unique issues in several ways. First, with the small number of women in the prison population, girls are often sent to women’s prisons with adult offenders rather than to separate units for youth offenders.  Girls are all too often subjected to sexual abuse and rape while in prison. Male corrections staff at women’s prisons may use coercive methods to initiate sexual relationships with inmates, or may abuse their position to obtain sexual favors. Sentencing girls to serve a life sentence in adult prison creates circumstances that are very traumatic and that should raise the specter of a punishment that is cruel and unusual.”

A specter haunts Pennsylvania, the specter of a punishment that is cruel and unusual, the specter of compassion and decency, the specter of justice for Sharon Peachie Wiggins. It is the specter of those children tossed in there as little girls.

 

(Photo Credit: Pittsburgh Post-Gazette)