Whenever I see Kemba Smith or her parents, Gus and Odessa
Smith, we embrace. Our hugs are long and say everything without either of us saying
anything. In those deeply-personal moments, we celebrate what the family has
overcome. And we mostly celebrate Kemba’s freedom and the long, bumpy road that
led to it.
We got in our hugs last week at a forum Rep. Maxine Waters
organized to honor women such as Kemba at the Congressional Black Caucus’s 41st
annual Legislative Conference. Like thousands of young women, Kemba felt the
brunt of the U.S. criminal justice system, a flawed system that unfairly
punished women who had the misfortune of falling in love with a drug dealer.
As editor of Emerge,
we placed Kemba on the cover twice. The first time was May 1996. It was the
photo of a smiling Kemba in her white cap and gown, clutching her
freshly-minted high school diploma. In
large, bold letters were the words, “Kemba’s Nightmare: A Model Child Becomes Prisoner #26370-083.” The story, written by
Reginald Stuart, was a riveting account of Kemba falling in love with Peter
Hall while she was enrolled in Hampton University. Her association with the
drug dealer led to her being sentenced to a mandatory 24 ½ years in federal
prison with no chance for parole. She was convicted of conspiracy to distribute
cocaine, lying to federal authorities and conspiracy to launder drug money.
Kemba, who was 22 years old at the time she was sentenced in
1994, became the poster child for a national movement against mandatory
sentences. Elaine Jones, then head of the NAACP Legal Defense and Educational
Fund, read our story in Emerge and agreed
to represent Kemba. Eventually, LDF filed a petition for clemency, which was
granted by President Bill Clinton shortly before Christmas in 2000.
Although the initial story on Kemba was published 15 years
ago, we are still learning about the impact it had on others.
At the forum hosted by Congresswoman Waters, Serena Nunn, whose story is very similar to
Kemba’s – and like Kemba, was pardoned by President Clinton – said: “When Kemba’s story came out, I can
remember being in prison in Pekin, Ill. “… I can remember being there, sitting
on a bench with 10 other women and everybody just passing that magazine around.
It was the same time Julia Stewart’s newsletter came out from FAMM [Families
Against Mandatory Minimums]. Everybody there felt like there was starting to be
this ray of hope, that people would get the word and realize that there were a
whole bunch of us sitting in prison with these draconian sentences.”
Gus Smith told me about a graduate of the University of
Maryland who wanted Kemba to autograph her diploma. When Kemba hesitated out of
respect for what the document represented, the woman told her, “You don’t
understand. I wouldn’t have this diploma if it hadn’t been for you.”
Today, Kemba Smith lives in Indianapolis, Ind. She had a
son, Armani, during her first months of incarceration. After her release, she
married Patrick Pradia and they have a 17-month-old daughter, Phoenix. She has
written a book about her ordeal titled, Poster
Child. The cover line notes, “ It was easy falling in love with a drug
dealer. The hard part was paying for his crime.” (The book can be ordered from www.kembasmith.com).
Kemba acknowledges that it’s difficult to balance her role
as a wife, mother, book author and activist.
She dedicated her book to her supporters and to “all my
brothers and sisters who are currently incarcerated under mandatory minimums,
drug conspiracy and crack cocaine sentencing laws.” Kemba said, “My soul aches
knowing that others should be home, too.”
Because of the work of CBC members, some others may come
home, too.
Last year, Congress passed the Fair Sentencing Act, a
retroactive measure that increased the amount of crack cocaine that triggers
mandatory minimums sentences. Approximately 12,000 federal crack offenders sentenced
prior to November 1, 2010 may be eligible for reductions that average 37
months. However, the reductions are not automatic and will have no bearing on
prisoners sentenced under state mandatory minimums laws.
Waters and Harvard Law Professor Charles J. Ogletree
reminded supporters that while the federal law represents an improvement, the
campaign to eradicate mandatory minimums must continue.
Kemba Smith vowed to remain a central part of that movement.
“I have to tell you about a friend of mine, Michelle West,”
she told the audience, with tears in her eyes. “She is in federal prison.
Michelle West is 50 and is serving two life sentences, plus 50 years on
conspiracy to distribute cocaine and conspiracy to commit murder. Basically,
she is being charged for the crimes of her boyfriend.
“She had been separated from the abusive boyfriend for three
years when the feds came after him. After being saved by her family many times,
she finally got the courage to break away from him and taking her daughter
[with her]. She opened her own beauty salon. When police came after her
ex-boyfriend, Michelle got word that if she talked, her daughter would be
killed. Police offered her a deal to be an informant. Michelle said, ‘It was my
life or my daughter’s and I chose to save my daughter.’ An informant who
actually admitted to committing the murder named Michelle as an accomplice.”
Kemba continued, “The murderer never served a day. Michelle
went to prison when her daughter was 10. That was 17 years ago. Michelle has
had an exemplary record in prison and had never been in trouble with the law
before this case. I am committed to continuing to share stories about Michelle
and continuing to be a face for those who are left behind in prison.”
After Kemba’s words, I had to hug her again.
George E. Curry,
former editor-in-chief of Emerge magazine and the NNPA News Service, is a
keynote speaker, moderator, and media coach. He can be reached through his Web
site, www.georgecurry.com. You
can also follow him at www.twitter.com/currygeorge.
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