Graham v. Florida

By Richard Ross “I miss you like a prison mom.”

Mary Graham has missed her son for the past thirteen years. Since he was sixteen, Terrence has been incarcerated. He was sentenced to die in prison. Terrence grew up with two crack-addicted parents. School was a series of sixteen different institutions as evictions created dislocation and disruption. Classes were special ed for Terrence and his three brothers. School represented food and nutrition. Without the breakfasts and lunches, one brother, Tavaris would get a bag of Doritos and parse it out as a meal to the four boys.

Mary remembers the fridge being adequate. “We grew up country. My Mama used to say if you had bread and potatoes in the house you could always make a meal. It was hard. My kids might have some bread and jelly, but they never went to bed hungry.” Terrence remembers other parts of that narrative. “There would be spoiled milk or government cheese in the refrigerator.”

“We were poor. I would cook one plate of food and put it in front of Diante. He would eat his fill and move the plate to Terrence. Terrence would eat and then move it to Michael, and then to Tavaris. After all the boys ate from the same plate…if there was anything left over I would eat. It was hard. We weren’t the Brady Bunch.”

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Mary has met God.

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It happened on day on December 14th. She had smoked crack incessantly in the six years prior. On the 14th, she prayed and stopped completely.

The six years of parties and a house full of addicts stopped. Prayer had replaced the emptiness and silence of the apartment. Mary apologized to her four boys, the youngest of which still kicked in her womb at the time, and she began her life again. “Mom has been sick for a long time,” she would tell them. But the lives of her boys were already in tatters. All had been incarcerated. Sixteen schools, sometimes no food, crack cocaine parties with an endless parade of strangers for more than six years.

This narrative is an American story. Not the Norman Rockwell, but the alternative, yet no less true. Mary grew up with her grandmother in rural Jacksonville. There were sixteen children served by pigs, chickens and goats. The family went well beyond the sixteen children and two adults—there were cousins and aunts—and the house kept on being built out to shelter them all. Mary and her sister slept in the bed with her grandmother. “Lots of people. Lots of kids. It was hard but we made it. Drugs were not in fashion back then.”

“Then we moved into central Jacksonville and my parents separated. My mother got a job at Milligan’s and tried to take care of the four of us. She was making $2.35/hour. It was hard. It got too hard for my mom so she let my dad take us. When I was 15 I started to party. I was new to the game but I enjoyed the life of the city. I met Harry when I was 20. He was a Vietnam vet 11 years older than me.”

Three children later, they were in a whirlwind of crack and abuse—“we were kicked out of the house and we weren’t let in. We stayed in the street while the party went on.”

Section 8 evictions, drugs, violence—where was Family Services? Mary explains, “there are two kinds of addicts…I was an ‘in-control’ addict. When they would come because of complaints, I would be able to put on a controlled face. They would come, because Michael was out of control a lot. He was what you call ADD. He would do things like try to set an apartment building on fire. They came to look at my apartment and I would always have it neat. I kept a neat house.”

_____

Bryan Gowdy doesn’t like the reference to Atticus Finch, although he is tall, lanky, soft-spoken, and works out of a modest two story building in Jacksonville. “I was working a lot of appellate corporate law and I thought this would be an interesting, individual case. I certainly didn’t expect to be arguing in front of the Supreme Court.”

"There was a surprise ruling by the Florida Supreme Court last week. They overturned sentences of life with the possibility of parole that had been doled out, citing that they were counter to the U.S. Supreme Court ruling Graham v. Florida. The majority argument was that because a defunct Florida parole system had not granted parole to a single person sentenced to life in prison, the state could not continue to sentence juveniles to life with the possibility of parole. In fact, as the state evaluates parole, the fact that the inmate was a juvenile at the time of a crime counts against them.

This is counter to Supreme Court decisions that have determined the adolescent brain to be still developing, giving children the unique possibility of reform and rehabilitation. The practice of the parole system in Florida is so counter to this information, that the Supreme Court here has ruled life with parole effectively is still a death sentence for a child in Florida.”

“Effectively I am a small business with my partner. I have a family to support so I can’t take all the cases I would like to take. But I am going to take a new case that relates to this. Too much is a stake for these kids.”

“When Terrence was first sentenced, the authorities had somehow painted the family as being nuclear, well cared for with nurtured, loved children. The judge was influenced by the discordant actions of a teen who would turn his back on this perfect home. When the case was returned from the Supreme Court for resentencing, the judge looked at a more detailed, revealing and demining picture of Terrence’s environment and the mitigating factors contributing to his delinquency. It was the polar opposite of what was presented in the original sentencing. Realistically when you argue for them you have to prepare as if each case is a death penalty case…effectively they are. When there are determinate sentences that are 50, 60, 70 years and the parole system is so hostile, they are death sentences.”

Meanwhile in Starke, Florida, Terrence is in the Main Unit West. He helps clean and cook for the Close Managed section that houses the behavioral problems and the sixty-six inmates of death row. Soft-spoken, Terrence explains ‘When I came into the system and looked at my EOS (End of Sentence) date it said ’99-99-9999.’ That meant I was never getting out. Now I look at it and I figure I served 13 years now and have a 25 year sentence. I have some time earned for behavior so I have about eight years left. I get out sometime around 2025. It’s a real date.’”

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"My stomach was telling me one thing, but my mind was telling me another."

My father is Muslim. He lives in Northeast. I was living with my mom, grandmother, and 14-year-old little brother. My parents separated when I was younger. My mom kicked me out and put me on the streets when I was 15. She said, "You don't live here anymore." My grandfather died when he was 60, my mother’s father. My mom was 33. That's when she started losing it, she started smoking dippers--cigarettes dipped in embalming fluid. She kept on getting more aggressive. It wasn't my mother; it was the dippers. My mom mazed me before I came in the house. She came swinging at me. My little brother didn't know what it was about. That's when things started getting real sour.

I remember worrying about what I was going to eat at the moment. I needed to rob somebody to get some money to eat. Then I saw a police officer, and he saw both the hostility and pain in my face. He brought me here; they gave me a bowl of cereal and somewhere to sleep. They set up a meeting with my mom and father. They helped me patch my relationship with my mom and father. They put me in youth sponsorship programs, leadership programs for African American males, called Frontline Dads, and programs like the Barbershop. There are places you can get things right. There are different places you can get help. Each one you can discuss things in different ways. At ball courts, if you show pain you get looked at differently. At the Barbershop you can let the pain out. It's like a symposium that’s community based. They helped me realize the deeper demons I had. Since 6th grade I was known as the dirty kid. I couldn't afford clothes. And lots of kids didn't want to be friends with me. I wanted to be nicely dressed so I started selling drugs to clothe me and put food in my mouth. I watched my mom sell drugs. Then my cousins, N. and E., were big time drug dealers and they just came home. They said this is not the life for you. And then my grandma said, “This path you on, I’m going to have to bury you.” It opened my perspective.

My grandma said, “This path you on, I’m going to have to bury you.”

I had a lot of support here but I had no family support. These people here took me in as a family. You can see it in their eyes. They go in their pockets to make sure you’re okay. I wasn't used to seeing somebody cared. I ain’t smile in a long time. I had legitimate food on the table and a place to sleep. I looked at other kids and realized I was chasing fashion but didn't have the right direction from a family. My father used to sell drugs and people used to shoot at the house I was in while I was in there but I never had it that hard. Sure there were times I came in the house and I was only looking at the back of the refrigerator. I watched my mom deal with abusive relationships. At age 10, my mom had a boyfriend and an altercation and she locked me in the bathroom with my little brother. They would physically go at it. She would have her back to the door to protect us. She was screaming, “When we had the opportunity we shoulda run for help.” I always had a sense of trying to protect my mother but I was 10.

P.B., age 17

I been in the shelter 21 days. I go to Northeast High School. I was selling drugs and was becoming used to being on the streets. I repeated freshman year three times. My father gave up on me; I heard it from my mom as well. Think about what you hear when your parents say I don't love you. I went form being on the streets to being able to walk down streets knowing I overcame struggles. I was redeeming credits for 10th and 11th grade. Now I’m getting educated. There was a time when I was only street smart. I’m trying to work with younger kids and an organization called waking youth, its organizing basketball games so kids can have something to do without their family. Some kids have it so twisted; they think the street life is glorified. When I was younger I didn't fear death, I thought it comes for everybody. The only reason I didn't fear dying was I didn't have any reason to live. Since I been here, I see a bigger world. Everything I really have, started here. They hooked me up with Mr. Pender from teen ambassadors. They took me to the art museum of JFK. I was at Youth Study Center for a while and also Vision Quest, which is a type of Juvenile Justice placement.

I was in for assaulting an officer, both in school and out. The police were looking down upon me; they took my hostility and used it to their advantage. They tried to fuck me up. But I saw everything I worked for going down the drain. My grandfather, uncle and aunt were getting in an altercation. My aunt called the police; the police did the grizzly look at them. It’s a funny and intimidating look. They gave me this hard look but I turned my head submissively they told me they were going to take me out back and let a couple of shells off. I had a purple plastic fork and they had bulletproof vests. They pushed me and started swinging on me. And they say I assaulted them, with a plastic purple fork. They say they are there to serve and protect but I say 7 grown men with their hands up fighting a boy with a plastic purple fork. When I realized the situation I dropped to the ground, they started kicking me and they banged my head against the cement. I was bear meat. I was bruised up for 3-4 weeks. They took me to the Youth (the youth study center) for 2 or 3 days. They didn't put me in isolation. There I’m at brother Oc’s. He made my time smooth there. He wanted to never see me again. He helped keep me quiet and pray like a Muslim. That way you get extra food. He guided me in the right direction but also keeps it real because I can read the history of the streets on him.

I’m on probation. Next week I get to call court and meet with the public defender. I don't know if I get to go home. Judge Cooperman, last time she looked at me carefully at who I am. I hope they send me to placement. But they may send me to Vision Quest or St. Gabe’s or to do 9-12 up the Pic, which is adult jail cause I turn 18 in two months. Or they might send me out of county. Assaulting an officer is not a misdemeanor. But knowing the path I was on, I could be six feet under; you live and you learn.

Cops can get away with shit. An African American male, we’re all getting made to be the most aggressive of all races. We fall into our own stereotype. The way we keep it real, we think, is not really keeping it real for yourself but catching a body or selling drugs. That's the wrong way to go. Everybody from YES will be in the courtroom, I hope. My mom relapsed with dippers a week ago. It’s part of being a man that I can handle the situation better now. To try to help my little brother who is too young to understand. To help my grandmother who said, "Yeah, I got scared for you." And I’m trying to help Mr. Little, my friend here, and trying to put him in AA. I can’t even come back here, they cut funding for RYP (Runaway Youth Program) kids would come here in the middle of the night but no more. I accepted that at 9 or 10 I was going to be incarcerated. They call me gang affiliated, but I’m with Murder Society, which is making and understanding the revolution, deciding to aim for early retirement.

Cops can get away with shit. An African American male, we’re all getting made to be the most aggressive of all races. We fall into our own stereotype.

You don't need nobody to get yourself together, I’m all me from the muscle (heart). Murderer was almost who I was, now I’m someone different. When I came back to court I saw the look of disappointment on their face--it was real. If Cooperman looks at me and says send him up, I can’t blame her. When I took that first punch, it changed everything. My streets came on. Now I’m taking anger management. There is a 21-day limit on RYP. It’s not run through DHS. When I first came here there were 15 boys and 15 girls. Now there are 6 boys and 8 girls. When I assaulted the police officer and taken into custody I was glad. I was about to turn back to the streets and was looking for somebody to rob. My stomach was telling me one thing, but my mind was telling me another.

—P.B., Age 17

"Because I’m the new girl"

I’ve been here and there for a month at a time. I was a month in girl care. Mom and dad don’t live together. If I get out, I really don’t have anywhere to live. The last time I lived with my mom was in a shelter, four years ago. It was a shelter for kids as well over on Gower in Hollywood. I had just turned 12. I remember it there was never a birthday cake for me. I’ve been in group homes where there’s a lot of dual supervision. One group home had boys and girls together, DCFS and probation. And they were completely out of control. They were crazy. They be peeing on other people’s beds, or taking a crap . . . they’d be having sex . . . I stayed there for three days, and then I got kicked out. One of the staff was very provoking, so I choked her and went. Then they put me in another placement. It was a six-bed place, three different houses.

They were trying to get me to stay with my sister . . . but she don't want me.

I’ve always been fighting a lot . . . I just don’t like to be disrespected. I should get a high school diploma soon. They were trying to get me to stay with my sister—she’s 22—but she don't want me. My days here are me just sitting here, until like, at least next year. My mom is a meth addict and she sells crack out of our house. My dad, he’s a pimp. He’s also on drugs. My mom started doing drugs when we were taken from her…or maybe before then. My dad, he was doing drugs since forever. I went AWOL from placement just so I could go to a mall and chill with my friends. Usually I just do some weed. When I was 13 I drank for two weeks straight. I poisoned myself and I could have died, but I didn’t. I would get real bad beatings from my mom. She kicked me in the face when we were living in the shelter. She started choking me, they pulled her off and took me away.

I’m mostly here because I don’t have a place to go to.

I barely talk to my dad. I’ve never been to a foster home. Nobody wants any older body in a foster home. I think foster homes are a lot quieter. Group homes I get into lots of fights just because I’m the new girl. I was gangbanging but they never caught me or charged me. When you bang you protect your territory, nobody can touch your property, or make any money on the property you own. If they try, the gang put on a T.O.S.—termination on sight. Means you kill them, hurt them, or beat them up bad. I’m part of BPS, the Jungles. Black Peace Stones. The Jungles are the projects; they’re in Crenshaw. They run from Coliseum all the way up. Girls get humped into the gang. Means they have to have sex with all the gang members. If you’re gay or a virgin, then you have to fight. You fight to get your rankings. You fight boys or you get jumped on or you do one-on-ones. Honestly I don't know where my case stands. I might get camp, or lockdown, or placement. But nobody from placement has come to get me. Most of the places I’ve been are dual custody. I’m mostly here because I don’t have a place to go to.

-T.U., Age 16

**Interviews with youth are recorded to the best of our ability. All personal histories and anecdotes are self-reported by the children. To protect confidentiality of the youth, identities have been obscured, initials have been changed, and identifying details have been removed. Interviews have not been edited for content.