#FreeMichelleWest, by Carolina Soto

On the statement of a murderer, Michelle West is serving two life sentences plus 50 years. There is no other country in the world that imposes a penalty like this. Especially not on the sole testimony of an informant who, in Michelle’s case, was the person who committed the murder. The government gave full immunity to the gunman. Correct, the murderer was given full immunity – never served a day in a plea bargain for testimony.

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In raids on Michelle West’s house, the government found no drugs, paraphernalia, or large amounts of money. Michelle West has spent 26 years in prison because the gunman implicated her, saying that she gave $250.00 to rent a limo used to hunt down the victim of the murder. The murder was not committed while in the limousine.

 West says they targeted her because of her relationship with Olee Robinson. She met him buying a car. During the three years they were together, she said, Robinson didn’t tell her anything about selling drugs. She knew he was on the edges of drug conspiracies: dealers would come to lease a car from him in part to launder money. Anyone who had bad credit could go to him to get a lease. But he wasn’t “a big roller,” she said.

“I am remorseful for involving myself with the wrong man, who entered my life at a time when my husband had cheated on me for the last time. I’d lost all respect for my then-husband when I met Ollee, who is my co-defendant in this case. I can’t change the past, it’s useless to dwell on what could have been, but I do recognize I made the worst mistake of my life when I started dating Ollee, who, unbeknownst to me, put a hit out on someone who stole money from him.“

Michelle’s charges were conspiracy to distribute controlled substances, aiding & abetting a drug-related murder, and false statements to an institution with deposits insured by the FDIC, laundering of monetary instruments.

Currently federal prosecutors tout above a 95% conviction rate. This is somewhat due to the fact that most cases never make it to trial. Most defendants end up taking a plea bargain rather than risk a potentially much greater prison sentence if they go to trial and lose. The prosecution offered Michele a plea bargain of 20 years, six years less than what she has already served. 

Why did she go to trial and what did the Federal Government want from her?  

First, the Federal Government wanted her to turn evidence on people involved in a cocaine ring. Michelle knew that the life of her then ten-year-old daughter was in jeopardy if she said anything. They needed a conviction in the case because they were letting the actual murderer go free. A letter threatening her daughter’s life was introduced as evidence and ignored, never shown to the jury. Michelle risked everything to keep her daughter safe.

Second, Michelle is a black woman, caught in a system where her life clearly doesn’t matter.  Sadly, Michele’s case is not unique. The government uses RICO, the Racketeer Influenced and Corrupt Organizations Act, in drug cases. No hard evidence is necessary, only the testimony of a secret witness. RICO accounts for the lion's share of the increase in convictions for women of 700% since between 1980 and 2016 as documented by The Sentencing Project.

The prosecutor used hearsay testimony from two informants to convince the judge that they should sentence her for at least 500 kilos of cocaine. The prosecution alleged that the car she drove was bought with a down payment of drug money, yet the car salesperson stated that the down payment was from a “rebate”. Michelle thought the charge was dropped only to find four days before going to trial that it was enhanced. The Feds amended the indictment to read that $2,514.40 in car payments were from drug money. The car salesperson signed the loan application for the car. Michelle was an auto broker at that time. She was convicted of making false statements to an Institution insured by the FDIC.

Both counts, where the bank suffered no loss, resulted in the additional 50 years added to her two life sentences. The court will often add additional time to emphasize that the life sentence is not enough and the convicted person shall never go free. Some states consider a life sentence to be 25 years. The additional 50 years means the district attorney wants to send a clear message that the person should never be pardoned. Michelle was sentenced under mandatory sentencing guideline that leave no discretion to the judge. These mandatory minimum sentences have been amended to be discretionary rather than mandatory. Michelle had clemency pleas in front of both the Obama administration and the Trump administration but she was sadly passed over. The views of the United States Attorney or Assistant Attorney General are given considerable weight in determining what recommendations the Department should make to the President. Once a prosecutor has been successful it takes a political apparatus to counteract a prosecuting attorney.

I know Michelle’s daughter, Miquelle. I met her at a convening of formerly incarcerated women. When she got up to speak, she broke into heart-wrenching sobs. The women closest jumped up to comfort her and assure her that we all knew that she did the time as well as her mother. We were there to support her in any way we could. She is a smart, savvy, talented young woman who has risen against the odds to succeed in one of the most challenging industries. She has since spoken publicly and on film advocating for clemency for her mother. Growing up with her grandmother, Miquelle tells us that her mother has mentored her every step of the way, from behind bars. Miquelle reminds us that the families of incarcerated mothers are doing time too. She vows not marry until her mother is free.

Michelle has been given the highest praise and recommendations from the staff at Danbury Prison. She has organized for the Sylent Heart Foundation Toy Drive for children with incarcerated parents with the warden’s approval. In 2005 West received a letter of commendation from an Associate Warden at FCI Danbury for assisting the Correctional Services Department during their Program Review and also during their American Correctional Association accreditation. She is considered a competent worker who performed at a high level.

To support Michelle West’s clemency, please sign the petition at the bottom of the page and also turn to Amy Povah’s Can Do Foundation. Amy has worked tirelessly for the release of Michelle West and many other non-violent “offenders” who deserve a second chance. Their only chance at freedom is through Clemency Appeals. Any donation, big or small, will help bring people home from prison. 

Watch the video of Miquelle and Amy here, and sign the petition on Change.org.

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One of “the real women of Orange Is the New Black,” Carolina Soto is one of the founding members of the Re/Creation writing workshop at Restoration Plaza in Bed-Stuy, Brooklyn. Unlike the fictionalized Yoga Jones, Carolina has a long history of work in social justice and advocacy, and is a seasoned painter and visual artist. Since beginning her work with Re/Creation, Carolina has increased her confidence and aptitude with both the written and spoken word, composing speeches and essays for her advocacy work and as well as written memoir. In particular, her essays and memoirs illustrate her vast capacity for empathy in her descriptions of people with whom she shared time inside. She now splits her time between living in New York City and the Dominican Republic.

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