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  • Government Name: Torvos Simpson
  • Register Number: 47110-078
  • Age:35
  • Time Served:20 years
  • Home Town:Dallas, TX (by way of Los Angeles, CA)
  • Sentence:LIFE (sentenced to LIFE as a juvenile)
  • Current Charge:Carjacking
  • Alias:Eleven
  • Release Date:LIFE
  • Prison Affiliation:Blood (59 Brim)
  • Circle of Influence: Massacre
  • Institution:USP Lewisburg (Special Management Unit)
  • My main focus, purpose and agenda is to somehow get society more involved with today’s youth and to, maybe, penetrate the minds of those adolescents wise enough to perceive and utilize valuable information. This could have a major effect on where you choose to spend the rest of your life.

Legal News: A Fight for LIFE

First and foremost, I ask for the readers’ patience as I am indulging in serious LEGAL ISSUES at the time. I remain devoted to the movement and, since I am in a legal state of mind, I’ve decided to drop a post on the legal aspect.

Shoutouts to all the brothers dedicated to making change, those inside and out, for not too many of us share the will to some day see a major difference in the outrageous number of men incarcerated or dying.

Also, congratulations to all of those whom will reap major benefits from the new 18-to-1 Crack Law Ratio being made RETROACTIVE, as it goes into effect this month. Congratulations to all the families who supported and stood by them. Oh yeah, and for the many cellmates and homies who talked my eardrums off until the wee hours of the morning about this law over the years, knowing I did not have a crack case 🙂 If you are out there to read this, all I can say is, “I told YOU everything plays out eventually.” Please continue to practice your DISCIPLINE and PATIENCE, even on THE BRICKS! Hold your kids down and stay out there homie. By the way that was OBAMA’s work! You already know!! Bout time…

As I was sitting here making some legal adjustments myself, I realized a conversation I was just having with one of the “Almighty” brothers whom fall under the PEOPLE’S NATION and also has a LIFE SENTENCE for CRACK. We were voicing our opinions on the question of retroactivity (this was prior to the law being made retroactive). He was anxious because he’s been in a while, like me, and a retroactive decision would clear his whole LIFE SENTENCE. He was also worried because we are/were both aware that 95-percent of the time retroactivity will not apply, even as a lot of these cases are ruled UNCONSTITUTIONAL and men and women are already serving sentences.

Any way, we have since relocated to separate areas, and I know he is some where tripping right now on how accurate I was in my opinion. During our one hour out of the cell Monday thru Friday we are placed in a small recreation cage. Usually, we orchestrate or maneuver for recreation amongst those whom we are compatible. My cage is usually for building or exercising, mainly. Here, I informed him that I really didn’t believe that the system could afford NOT to make this law retroactive. WHY? Because too much of society and the public had gotten involved. To recognize that a law is bias, discriminatory, unconstitutional or anything of the sort and then turn around to say that it will not apply to those who’ve been victimized by this particular law (retroactivity) should be illegal. However, this happens all the time.

Just think, if the law was already deemed bias and/or discriminatory, why was it even a question if this law should apply to those already sentenced under it? If it were not for the attention this law attracted from the public, family and friends, who pushed certain issues, made the phone calls, wrote the letters etc. This law would have surely not been made retroactive.

I say this to say: Society has a much stronger influence on this legal system than actual attorneys in certain case scenarios.

Several laws are ruled unconstitutional in DISTRICT, CIRCUIT and SUPREME COURTS each year. That clearly shows bias practices inflicted upon minorities by the judicial system. One of the most recent was last year May 17, 2010 when the SUPREME COURT ruled in a 5-4 decision that it was unconstitutional, under the EIGHTH AMENDMENT’s CRUEL and UNUSUAL PUNISHMENT clause, to sentence any individual whom was an adolescent at the time of his offense to life imprisonment. This was for non-homicidal offenses; those not charged with nor convicted of murder and under the age of 18 at the time of their offense. The majority ruled that due to the mental immaturity, underdeveloped character and many other inconsistencies raised by psychiatrists dealing with a child’s mind, that a LIFE SENTENCE was unjustifiable and against the Constitution.*

*The topic the SUPREME COURT “avoided” and failed to discuss is the FACT that almost 100-percent of these sentences were handed to minorities, over 96-percent of them black children.*

Right before this law was changed I was contacted by the CAMPAIGN FOR YOUTH JUSTICE. Being that I was not charged with nor convicted of murder, the outcome of this decision could “VOID” my LIFE SENTENCE. I was 16 at the time of my offense. The illegal enhancement to LIFE was deemed unconstitutional in 1999. Outcome? NON-RETROACTIVE! (Jones v. U.S. S.CT)

My actual charges carry a maximum sentence of “20” years. November will mark 18 years for me. Murder charges in that case were already pled guilty to by a separate defendant. So, now that the JUVENILE LIFE LAW has been passed, the question or argument from the Court is “RETROACTIVITY”. I am in the process of filing at the moment. However, there are over 1,000 juveniles whom also fit the criteria for this law change who do not have the time I have in, nor the legal intelligence to defend themself. Believe it or not, a lawyer is not sent back to represent you when laws are changed. (Though some may contact you depending on the publicity involved) We as prisoners are obligated to learn the law and file these motions ourselves in less than a year from the date of the ruling. These cases will most of the time end up barred or just prolonged for years.

When laws have been ruled unconstitutional, racially bias, discriminatory or what have you, these are the things society often never hears about. Those of you with family or loved ones in the system, this is just food for thought and another issue to be addressed and corrected with unity as seen with the CRACK LAW.

I will let you go for now so that I may proceed with my fight.

STAY ENCOURAGED, DEVOTED and MOTIVATED!

Torvos

RAISE UP

  

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