Rockefeller Drug Laws

FINAL VERSION: 4/19/01

Intro: New York State’s Rockefeller Drug Laws are the most punitive drug control measures in the nation. Under the laws, mandatory minimum sentences mean often first-time low-level drug offenders serve more time in prison than murderers and rapists. The New York State legislature is scheduled to vote this spring to change the laws.

B-roll of Terrence at rehabilitation	TERRENCE STEVENS SUFFERS FROM MUSCULAR DYSTROPHY. HE’S BEEN IN A WHEELCHAIR SINCE THE AGE OF 17. IN 1993 WHEN HE WAS 26, HE WAS SENTENCED TO 15 YEARS TO LIFE IN PRISON FOR POSSESSION OF 5 OUNCES OF COCAINE.
Terrence Stevens 8:14//9:00	I was like, hold up something ain’t right here, this is 15 to life!// And on top of that, to be paralyzed from the neck down, and to be sentenced to 15 years in life is like two death sentences
	STEVENS WAS SENTENCED UNDER NEW YORK STATE’S ROCKEFELLER DRUG LAWS WHICH REQUIRE A MANDATORY MINIMUM SENTENCE OF 15 YEARS TO LIFE IN PRISON IF A PERSON IS CONVICTED OF POSSESSING AT LEAST FOUR OUNCES OR SELLING AT LEAST TWO OUNCES OF ANY NARCOTIC OTHER THAN MARIJUANA.
Terrence Stevens 7:32//5:13//8:00	I believe I was wrongly convicted. That there was great injustice in my case.//So, I went to trial to prove my innocence.
	STEVENS SAYS IT ALL STRARTED WHEN HE WAS TRAVELING ON A BUS IN 1990 WITH A FAMILY FRIEND, AND POLICE OFFICERS BOARDED THE BUS IN BUFFALO, NEW YORK. STEVENS’ FRIEND BECAME FLUSTERED, POINTED TO STEVENS AND TOLD THE OFFICERS STEVENS HAD A BAG FULL OF COCAINE. STEVENS SAYS THE BAG WAS HIS FRIEND’S, AND THAT HE HAD NO IDEA THAT IT CONTAINED DRUGS. WHEN A JURY FOUND HIM GUILTY, STEVENS BECAME THE FIRST PRISONER IN NEW YORK STATE WITH MUSCULAR DYSTROPHY. STEVEN’S MOTHER, REGINA, WAS DEVASTATED.
Regina Stevens 05:05	It’s something to have a child in prison anyway and then to have a child incarcerated in his condition, it’s like a double whammy.
Terrence Stevens 31:34	I have presented a very difficult situation for all prison officials because my case was a very unusual case. My disease was a very rare and unusual disease, and they didn’t actually know what to do.
Regina Stevens 03:39//13:39	In his condition he’s in there with murderers and rapists, and he couldn’t defend himself if someone was to do something to him.// Every time the phone rang I’d be scared thinking something happened with him. It was rough.
	STEVENS SAYS THE PRISON, GREENHAVEN CORRECTIONAL FACILITY, WAS NOT FULLY ACCESSIBLE FOR PEOPLE IN WHEELCHAIRS, AND THAT PRISON OFFICIALS NEGLECTED AND HUMILIATED PRISONERS WITH DISABILITIES.
Terrence Stevens 15:05	Our wheelchairs were unable to fit inside the bathrooms, we had to defecate and urinate on ourselves and we practically felt like we were human toilet rolling around on four wheels.
	STEVENS NEEDED SPECIAL CARE, AND SAYS IT TOOK PRISON OFFICIALS SEVEN YEARS TO ARRANGE AN APPOINTMENT WITH A MUSCULAR DYSTROPHY SPECIALIST.
Terrence Stevens 17:31	My disease was sufficiently aggravated . I lost movement in one hand, my spine curved to the point of no return. And now slumps down on he left lung causing respiratory complications.
Jan Warren 53:37	When you look at a man like that you have to ask yourself who benefits? Who benefits from keeping a man like that in prison?
	JAN WARREN SERVED 12 YEARS IN PRISON WHEN SHE WAS CONVICTED UNDER THE ROCKEFELLER DRUG LAWS. NOW, SHE’S AN ACTIVIST TRYING TO CHANGE THEM.
Jan Warren 52:46 53:16	Why are we locking up people with mental disorders with physical disabilities? -The man can’t walk. What threat is he to society?
	BECAUSE STEVENS WAS CONVICTED UNDER THE ROCKEFELLER DRUG LAWS, THE JUDGE HAD NO AUTHORITY TO CONSIDER HIS DISABILITY WHEN SENTENCING HIM. JUDGE JEROME MARKS DID NOT PRESIDE OVER STEVENS’ CASE, BUT HE PRESIDED OVER MANY DRUG CASES IN NEW YORK CITY FOR 25 YEARS.
Judge Marks	This is a law that is based strictly on weight. It’s got nothing to do with surrounding circumstances, who are these people? Are they big time? Are they addicts? Are they small time drug dealers?
Regina Stevens 11:40	15 to life is ridiculous!// I can murder somebody and get out sooner than that, that is really crazy.
	NEW YORK ASSEMBLYMAN KEITH WRIGHT IS ALSO TRYING TO CHANGE THESE LAWS.
Keith Wright 17:38	Mandatory sentencing does not work. We don’t live in a one size fits all kind of society.//That’s the whole lynchpin of our judicial system is for a judge to have discretion.
	JUDGE MARKS BELIEVES STEVENS SHOULD NEVER HAVE GONE TO PRISON.
Jerome Marks 24:11	If there had been no mandatory minimums, 90 percent of the judges, including myself would probably have given him a no-time probation.
	THE ROCKEFELLER DRUG LAWS WERE ENACTED IN 1973 BY THEN GOVERNOR NELSON ROCKEFELLER, UNDER PRESSURE FROM NEW YORKERS WHO LIVED IN FEAR OF DRUG RELATED CRIME. ROCKEFELLER THOUGHT TOUGH LAWS WOULD DETER DRUG USERS, AND DEALERS. JOHN DOYLE IS THE CHAIRMAN FOR THE COMMITTEE ON DRUGS FOR THE NEW YORK CITY BAR ASSOCIATION.
John Doyle 07:10//07:44	I think in the early 1970’s// people felt helpless with the amount of drug activity, street crime, and now the situation seems to have changed and we feel that we can deal with this in a more humane and effective way.
	SINCE THE LAWS WERE ENACTED, THE PRISON POPULATION HAS INCREASED 500 PERCENT-FROM 13,000 IN 1973 TO 66,000 TODAY. THE STATE CURRENTLY SPENDS $715 MILLION PER YEAR ON DRUG PRISONERS. CONVICTION UNDER THESE LAWS IS BASED SOLEY ON THE AMOUNT OF DRUGS A PERSON IS CAUGHT WITH. JAN WARREN KNEW NOTHING ABOUT THE ROCKEFELLER DRUG LAWS WHEN SHE WAS CAUGHT WITH 8 OUNCES OF COCAINE IN 1987, AND SENTENCED TO 15 YEARS TO LIFE IN PRISON.
Jan Warren 1:14	I had the typical life of a New Jersey single mother, I lived in suburbia, I had a nice home, I had a teenage daughter, and doing all those things that someone in that place would do.
Jan Warren 2:00	I was also at an emotional crisis in my life where I was leaving a relationship that I was in// and I decided the easiest quickest way to get out of a bad situation was to make money by selling drugs.
	WARREN WAS STUNNED WHEN SHE WAS CARRIED AWAY IN HAND CUFFS IN FRONT OF HER 15 YEAR OLD DAUGHTER, ERIN. THE COURT MADE NO PROVISIONS FOR ERIN, AND SHE WAS LEFT COMPLETELY ALONE TO FIND A PLACE TO LIVE.
Jan Warren 11:00	They took her mother away, and I’m not saying that I didn’t deserve some punishment because I did break the law and I know that, and I was willing to accept that responsibility for my actions, but I do feel that the impact on her life could have been different with a different sentencing schedule in place.
	ERIN WENT TO LIVE WITH HER FATHER AND SPENT THE NEXT 12 YEARS VISITING HER MOTHER BEHIND BARS.
Jan Warren 11:57	She was 15 at the time, and it was ironic because the sentence I was getting was as long as she was alive. That was absolutely mind-blowing to me.
	BUT FINALLY, AFTER A LONG BATTLE WARREN WAS GRANTED CLEMENCY BY GOVERNOR GEORGE PATAKI IN 1999.
Jan Warren ?	[Jan describes leaving prison and being re-united with her daughter]
	TERRENCE STEVENS WAS ALSO GRANTED CLEMENCY JUST A FEW MONTHS AGO. HE SPENT EIGHT YEARS IN PRISON. HE SAID THE GOVERNOR REALIZED THE HARSHNESS OF HIS SENTENCE, HIS LACK OF HIS PARTICIPATION IN THE CRIME, AND THE SEVERITY OF HIS CONDITION. HIS MOTHER REMEMBERS WELCOMING HIM HOME.
Regina Stevens 06:14	Oh my god, it was like Christmas! Like I was a little kid again, you know like Christmas and waking up and finding all those toys, it-I don’t think I slept the night before.
Terrence Stevens 12:01	Now, you know although I’m greatly thankful that Pataki granted me clemency,// So much more needs to be done than let maybe one or two people out of prison, you know, when you have thousands that fall under this particular statute.
Stand-up	THE CLEMENCY WARREN AND STEVENS WERE GRANTED IS RARE. CURRENTLY, THERE ARE 22,000 INMATES SERVING SENTENCES UNDER THE ROCKEFELLER DRUG LAWS. THAT’S 33 PERCENT OF THE ENTIRE PRISON POPULATION IN NEW YORK. SINCE PATAKI TOOK OFFICE IN 1995, HE HAS GRANTED CLEMENCY TO ONLY 20 DRUG OFFENDERS. THEN THERE’S THE QUESTION OF RACE. WHILE MORE THAN 50 PERCENT OF DRUG USERS AND SELLERS ARE WHITE, 94 PERCENT OF DRUG OFFENDERS SERVING SENTENCES UNDER THESE LAWS ARE BLACK AND HISPANIC. ASSEMBLYMAN WRIGHT SAYS THE ISSUE IS CLEAR.
Keith Wright 6:10	Yes it has to do with racism, yes it has to do with so-called racial profiling, yes it has to do with people not receiving adequate legal representation.
	BUT JUDGE MARKS SAYS IT’S NOT SO MUCH ABOUT RACE.
Jerome Marks 45:25//46:12	The reason why it’s such a disproportionate group of minorities is because most of the raids occur in the minority areas…the arrests are much easier.// Undercover police officers go to these areas they can make four to five arrests a day and you want to get promoted, the more arrests you make the better chance you have.
	BRIDGET BRENNAN SAYS IT’S ABOUT CRIME. SHE’S THE SPECIAL NARCOTICS PROSECUTOR FOR THE CITY OF NEW YORK.
Bridget Brennan 21:25//23:02	Law enforcement concentrates its efforts where there is the most violent crime or where it receives its biggest complaints.// So, are we going to concentrate our efforts there, the answer is yes, why? Because it’s causing far more problems.
	GOVERNOR PATAKI HAS SAID THAT DRUG SENTENCES ARE TOO HARSH. THIS JANUARY HE PROPOSED A BILL THAT WOULD TO ACCOMPLISH THREE GOALS: IT WOULD ALLOW AN APPEALS COURT TO REDUCE PRISON TERMS UP TO A THIRD FOR FIRST-TIME, NONVIOLENT DRUG OFFENDERS, IT WOULD EXPAND DRUG TREATMENT ALTERNATIVES, AND IT WOULD ALLOW THOSE CONVICTED OF LESS SERIOUS FELONIES TO GO TO SUBSTANCE ABUSE PROGRAMS INSTEAD OF PRISON. CAROLINE QUARTARARO IS GOVERNOR PATAKI’S PRESS SECRETARY.
Caroline Quartararo 9:34	The punishment is a little bit, you know, excessive in terms of what the crime is, and so the governor wants to balance the person who is really an addict and the need for treatment for those types of people with the serious drug offender.
	BUT CRITICS SAY THE GOVERNOR’S BILL DOES NOT GO FAR ENOUGH. NEW YORK STATE ASSEMBLY DEMOCRATS PLAN TO PROPOSE A SEPARATE BILL WHICH WOULD OFFER TREATMENT IN PLACE OF PRISON TO THOSE CONVICTED OF MORE SERIOUS FELONIES, AND WOULD NOT END PAROLE, AS THE GOVERNOR IS PROPOSING.
Keith Wright 07:42	The ending of parole is not something that our criminal justice system would be able to withstand.
	CRITICS OF PATAKI’S BILL ALSO DISAGREE WITH HIS PROVISIONS FOR STIFFER MARIJUANA PENALTIES. TERRENCE STEVENS IS NOW A COMMUNITY ACTIVIST.
Terrence Stevens 12:47	This may wind up being more crucial than the actual Rockefeller Drug law because, you know, there’s a lot of people that’s you know smoking marijuana//So now you’re gonna incarcerate half the world.
	ALTHOUGH THERE IS DISAGREEMENT ABOUT HOW CHANGES SHOULD BE MADE, LEGISLATORS ARE OPTIMISTIC THAT AFTER 28 YEARS, FINALLY SOMETHING WILL BE DONE ABOUT THESE DRUG LAWS.
Caroline Quartararo 18:47	The fact that everybody, democrats and republicans all see need for reform of the Rockefeller Drug Laws now, I think we have a real good shot at getting something passed.
	BUT IF POLITICIANS AGREE THE LAWS ARE TOO HARSH, WHY HAS IT TAKEN THEM 28 YEARS TO PROPOSE LEGISLATION FOR CHANGE?
Jerome Marks 26:09//32:39	Repealing the laws aren’t going to get you any votes, but you might lose some. But now I think that the public has become educated I don’t think they should lose any votes if the laws should be repealed.//
	BUT OUTSIDE THE LEGISLATURE, NOT EVERYONE THINKS THE LAWS SHOULD BE CHANGED. DISTRICT ATTORNEY BRENNAN SAYS THAT THE HARSH LAWS HAVE HELPED CLEAN UP COMMUNITIES OVER THE YEARS.
Bridget Brennan 13:59	I look at this city that I came to 18 years ago which shortly thereafter was in the throws of a crack epidemic where all crime was rampant, and I look at this city today and I see tremendous success. A large part of the reason for that success has been a focus on drug enforcement.
John Doyle 21:23	The crime rate generally has been reduced certainly in New York City, I don’t know whether it’s because of the Rockefeller Drug Laws or whether there are other changes in society that is moving us in that direction.
Bridget Brennan 13:00	If you eviscerate these laws, if you take the guts out of these laws we are going to see drug-dealing increase, and if you see drug-dealing increase you will see drug addiction increase.
Jerome Marks 33:41//38:01//33:41	I think the main reason the prosecutors support the law is that// it helps unclog their calendars. There is a tremendous volume of cases in NY// and these draconian sentences encourage people to plea bargain.
Bridget Brennan 07:22	Certainly the criminal justice system in the city depends on plea bargaining to resolve most of the cases//so certainly that’s true of the drug laws, but as I say, it’s true of all the laws-prosecutions for any offense.
	ALTHOUGH DISTRICT ATTORNEY’S OPPOSE REFORM, THEY ARE IN THE MINORITY. ACTIVISTS BELIEVE NO MATTER WHICH BILL IS PASSED IN THE LEGISLATURE, IT WILL BE A STEP IN THE RIGHT DIRECTION.
John Doyle 26:23	The Rockefeller Drug law changes ultimately will result in a reduction in the prison population which will be very good generally because prisons are not the best way to deal with drug problems//It will ultimately reduce the cost of law enforcement efforts, and it will provide fairer results in many if no tall cases.
Jan Warren Tape 2 10:35	The laws have to be changed. There has to be some reason brought back into our sense of balancing justice, the punishment and the crime.
	WARREN IS NOW LIVING ON THE UPPER WEST SIDE AND WORKING FOR A NON-PROFIT ORGANIZATION THAT PLACES WOMEN WHO HAVE RECENTLY BEEN RELEASED FROM PRISON-IN JOBS. STEVENS SAYS HIS JOB RIGHT NOW IS TO ENHANCE AWARENESS BY EDUCATING THE PUBLIC. HE SPEAKS AT COLLEGES AND LEADS PROTESTS.
Terrence Stevens 28:16	I remain hopeful that, you know, this will keep me busy and that something positive will materialize as a result of my efforts.
	GOVERNOR PATAKI WILL SIT DOWN THIS SPRING WITH ASSEMBLY DEMOCRATS TO COME UP WITH A COMPROMISE BILL THAT WILL BE VOTED ON THIS SESSION.

Home Demo Reel Bio Photo Gallery Favorite Links Stories