Ending Prison Sentences of Life Without Parole

 This blog is actually a speech that was performed on January 5, 2022,for an Oral Communication class taught by Keri Thompson at Emerson College. Emerson College has a prison program called EPI, Emerson Prison Initiative which is held at MCI-Concord.

Thanks to my college partaker, Anya, I was recommended to post this on my blog.

"Ending Prison Sentences of Life Without Parole"

By: Peter Bin

Imagine waking up to something you hate everyday. Imagine never having any privacy or never being able to eat your favorite food. Imagine having to live in a 6x10 bathroom. Imagine never being able to enjoy the milestones of your love ones. Imagine having to deal with these scenarios for the rest of your life. In the book Dante's inferno, he describes a similar situation, where one of the stages of hell is a place where you are tortured by the thoughts and images of the things, people and events you once loved, but never to be able to touch it or enjoy it. Today I will be talking about what some consider a form of hell, I will be talking about life sentences without parole and why we should end these sentences.

This is an important subject to me because I am serving a natural life sentence for a crime I did not commit and for I life I did not take. So I know how easy it is in this State to be sentenced to life due to certain laws.

This topic should matter to all of us, because it has been a growing trend in America to imprison people and to imprison them to life sentences. According to the Harvard Political Review, America is the world leader of incarceration, with the most prisons on the planet. America has more people serving life than the entire prison population of Denmark. This topic is part of a bigger picture, which is prison reform, the way we are incarcerating people effects our community financially and mentally.

So today I want to tell you why we should end these life w/o parole sentences, by explaining how easy it is to be convicted to life w/o parole, by explaining to you why people serving life sentences w/o parole should be released, and what I think justice means to me.

Life without parole can be imposed on individuals who never took a life. Under Massachusetts's joint venture/felony murder law it allows individuals to be sentence to natural life "without evidence" that the person intended to cause any harm. For example they could be outside waiting for an individual, not knowing that individual is committing a crime or even just provided an item used in the crime but remained at home. Under this law, if a person does anything that the State consider as furthering a criminal enterprise you are liable to be sentence to life without parole. The New England Innocence Project states this law disproportionately effects people of color. The State and law enforcement has commonly labeled people of color as gang members even if they may not be. When law enforcement see a group of people of color wearing the same type of baseball caps, they're consider gang members. When people not of color are all seen wearing the same baseball caps, they are just baseball fans. When a person is label a gang member the bar is even set lower for the state to convict someone to life without parole. Because the State looks at anything a gang member does as an act of furthering a criminal enterprise. For example, if a person label a gang member answers a phone call that may be from a person whom just committed a crime of murder. The state can assumed because your labeled a gang member and you answered a phone call you may of helped that person and you are liable to a life sentence. Even if that call had nothing to do with a crime. This commonly happens to people of color.

In 2012 Massachusetts passed house bill 4286 that gives a three strikes penalty that can sentence individuals to life without parole for crimes that do no involve murder. It makes 20 crimes eligible and repeated offenders eligible to be sentence to natural life.

I bring up these scenarios because I believe no one deserves to die in prison for someone's elses actions and no one deserves to die in prison because of harsh laws.

Why should we give lifers a chance to come back to the community? The cost of housing prisoners are high and effecting tax payers dollars. According to the Vera institute research, the cost of housing a person in Massachusetts is over $50,000 and can rise to $140,000 for an elderly person . In Massachusetts there are over 10,000 people in prison, which means we are spending over $500 million dollars a year in this state alone to keep people incarcerated. When this money can be used for prison reform in helping people get mental health assistance, programs and education to lower recidivism rates.

There is a misconception that lifers are the most violent inmates and likely to re-offend because they have this "nothing to lose" mentality. This theory is completely wrong. A number of studies have shown people convicted to life are unlikely to recommit crimes and misconduct is low compared to nonlife prisoners. In many prisons across the country life prisoners are frequently called upon to act as role models and mentors. Look at the father program we have here, almost everyone in that program who mentor is serving life without parole. In another scenario, in 2012 in Maryland over 100 lifers were set free due to a due process violation in their case, til this day not one of them have returned to prison. 

In Massachusetts we know these lifers would not re-offend. How do we know this? When Massachusetts passed a law that ended life without parole for anyone who was charged with 1st degree murder under the age of 18, the parole board was able to see many people who thought they would spend the rest of their lives in prison. The parole board was surprise to see these individuals who had served 20, 30, 40 years had completed every D.O.C. program and some even had college degrees before the law passed. The parole board ask these individuals why did they do all of these programs knowing they may never be able to use these learned skills in society. One of the men who was up for parole answered "although I thought I was never coming home, I still had some hope and I wanted to become a better person for myself, for my family, and for the mistakes I made in the past". According to Harvardpolitics.com prisoners who participate in education have a 43% lower chance of incarceration, and every dollar spent on prison education saves the government $4-$5 dollars on re-incarceration. As you can see in this class room, many of us are lifers, we can all live by the misconception of what society thinks of us, but I believe we are all here because we believe our lives still have meaning.

Last I want to tell you want justice means to me. I know in free society justice usually means sending someone away to prison for the rest of their lives. I do not believe justice should be an eye for an eye solution. I do not believe justice is knowing another person and their family is suffering for how ever long. I know I do not have any right to tell a victim of crime how they can cope with their lost. But what I can say is, from a person in prison, I believe justice is to be able to face the ones we hurt and make reconciliation and forgiveness.

There is a program called "Restorative Justice", where people in prison meet victims of crime to find a place where they can reconcile and help the ones they hurt heal. I know for many people that is a lot to ask for, but I hope we can all be open to these ideas. Because people who served a long time are eager to make things right, for forgiveness and eager to earn and demonstrate their capacity to contribute in a positive way to society.

I like to end this speech with this quote from a former lifer, Michael Mendoza, "We are not convicts or ex-convicts, we are not felons, we are not inmates, we are PEOPLE, people that have a way to give back". Thank you.

Cites and sources:

-My attorney Cynthia Mousseau of the New England Innocence Project

-"The Price if Prisons - Prison Spending in 2015" by Vera Institute, www.vera.org

- Commonwealth v. Brown 477 Mass. 805 (2017)

-  "Recidivism Imprisons American Progress" By Liz Benecchi, August 8, 2021, Harvard Political Review. www.HarvardPolitics.com/recidivism-american-progress/

- "A New Lease On Life" by Ashley Nellis Ph.D, Sentencing Project, www.sentencingproject.org

- "Americas Increasing Use of Life Long Term Sentences" by Ashley Nellis Ph.D, Sentencing Project, www.sentencingproject.org

To help end these sentences please visit: www.change.org/p/tell-massachusetts-to-change-felony-murder-law

The Ripple Effects of Cambodia's Killing Fields in America

Written By: Peter Bin

      From it's ancient wars with Indonesia and Champa, to the betrayal of their Thai allies, struggles with Vietnam, and the genocide committed by the Khmer Rouge; Cambodians have dealt with bloodshed for centuries.
    I can recall a conversation with my father regarding the ancient temple, Preah Vihear, located on the border of Thailand and Cambodia. Gunfire had been exchanged between the two countries, in which caused rumors of the possibility of war. Hearing this, I asked my father, "What do you think if Cambodia went to war with Thailand?". He replied, "We have nothing to worry about, Cambodia has years of experience in combat in which Thailand lacks". I look back at my father's reply and think of our history. I come to ask myself this question: "When will violence end for Cambodians and when will we ever see true peace?".
     Over forty years ago, 2.5 million Cambodians were killed by Pol Pot's Khmer Rouge regime. The genocide caused a flood of Cambodians to seek refuge in the United States. Refugees populated States such as California and Massachusetts; causing Lowell, Massachusetts to have the second largest Cambodian population in the country, with Lynn, Massachusetts following in third. Similar to most immigrants who come to the United States, Cambodians shared the American dream.  Unfortunately, for many the escape from conflict was not over. Children of the refugees had fall victim to another type of war; a war carried in the streets by neighborhood gangs.
     While scores of Cambodian parents were dealing with post-traumatic stress disorder or working to make their American dreams come true, their children were left in neighborhoods that were surrounded by drugs and violence. Young men and women were lured by the attraction of gangs. It brought a sense of family, friends, income, and protection from racism. Gangs created a warrior-like lifestyle, in which many Cambodians believed ran in their veins.
     As a youth attending grade school, I seen my fair share of the gang culture. These young men and women were convinced they were at war with other Cambodians. Their conversations would consist of planning attacks, scouting for new enemy locations, and creating details on particular rivals. Listening to their conversations you would have believed they were part of a military group. But they were just kids, who wish was to have their rivals completely eliminated. These kids had no idea that they were speaking of genocide. There was no political reasoning for their belief. They had no real answers of why they wanted these other kids dead.
    Many of them dedicated their lives to the gangs, which caused a large number of grade school dropouts. According to an American Reframe documentary, Cambodians have the highest highschool dropout rate among Asian minority groups. It is a rate that is hard to believe, stereotypically Asians are considered to prosper well in education.
     From the year 2000-2010, gang violence within the Cambodian community of Lynn, Massachusetts was at an all time high. Not one person came in to try to mediate the tensions between the rival gangs. The only answer to the solution was to let the police deal with it. In 2010, the Federal government stepped in with "Operation Melting Pot 1 and 2". Federal agents raided neighborhoods and sent a number of men to prison.
     A mother of one of the arrested spoke of how much fear she had felt during the raids. She stated agents wearing mask and wielding guns had kicked in her door during the dark hours of the morning. Family members young and old were ordered to lie on the floor. The ordeal gave her flashbacks of the Khmer Rouge days, triggering her PTSD. It reminded her of how the Khmer Rouge would round up their victims in the middle of the night, ordering them to lie in a ditch as they await to be slaughtered.
     It is believed that the Cambodian gang culture is a ripple effect of Pol Pot's killing fields. Similar to what has happen to the youth in America, the Khmer Rouge lured and recruited young men and women from poor rural areas. These kids had no educational background. They were misled to believe a prosperous life and new utopia was in store for the future.  To obtain this goal, Pol Pot ordered his followers to eliminate all who were educated, religious, mix ethnicity or thought to be a spy. Pol Pot gave his adolescent followers the power to control another human beings life; a power they had never experienced. This made it easy for the Khmer Rouge to manipulate the young in killing their own people.
         In America, young Cambodians are continuing to kill each other, but for what cost?
    When a person is murdered, two lives are lost and two mothers mourn. To hear a mother's pain from losing a child, is a sound like no other. You can feel her wounds opening, it penetrates like a sword to the heart. I remember Savorn Prom, who was killed at the age of 17. His mother hugged his casket, begging to be with her son as he entered the crematory furnace. I recall looking at the front page of the Lynn Daily Item Newspaper, where there was a photo of Kevin Keo's mother crying as he was sentenced to life without parole. I once was sitting in a prison cell, as I watched on the TV screen, a Cambodian family mourning the lost of Vannark Chourb, who was murdered only after a year of being freed from prison. I have seen young Cambodian men enter the prison system with pain and sorrow in their eyes, because they believe this is where their life ends.
     Our families came to America to escape war and bondage, not to return to it. It is rare in our community to see someone who wants to educate the youth and instill peace. When these kids join a gang, other Cambodians shun and ignore them. The ones who do make it out the gangs, rarely or never come back to educate these kids on why they left.
      Along with the lack of help for the youth, our elders receive no assistance with mental health for post traumatic stress disorder that was caused by the killing fields of Pol Pot.
     The reason for this absence of education and assistance may stem from the fact that Cambodians live by the belief of forgetting about their painful past and to never speak on it again. But as people who survived war, genocide, gangs, and prison or ones who have experienced success, have a responsibility. We have the responsibility to educate our youth and support our elders. We must share our experience and no longer let our community be ignored. Without education, growth and support from each other, we are stuck in a revolving cycle of bloodshed, imprisonment, and poverty.
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Peter Bin is an advocate for the incarcerated. He is also a prison blogger @ www.PeterBinJusticeForAll.com
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Being Cambodian in Prison

In Massachusetts, Cambodian men are the highest population of Asians that are incarcerated. However, we are still a very small group compared to African Americans, Hispanics and Caucasians. We have facilities that hold no Asians at all, some may hold 1 Asian out of 1000 inmates, others hold 20 or less and some 50 or more.

I was once held for two years at a facility where I was the only Cambodian out of about 1000 inmates. As you know, jail and prisons are racially divided. Your first day of prison (God forbid you do go to prison), you are greeted by your race. They provide you with the necessities you need to get by: hygiene, food, and 3-way phone calls to reach your family.

My two years at a county jail in Boston, Massachusetts, I was on my own. I went weeks without hygiene or food from the commissary. Often going to sleep hungry. I could not get in contact with family due to the poor phone system.

Majority of the people did not even know or heard of Cambodians. They usually thought all Asian people are Chinese. Constantly, I dealt with racial issues from African Americans. They would call me chink or gook. Although those words are racist for Chinese and Vietnamese, I knew it was to offend me, My response was to fight.

After my fights, I would sit in my cell and ask myself, "why are the same people who dealt with racial discrimination, being hateful towards us?". Cambodian gangs form because of racism from other minority groups. Nothing good comes out of it. I hated the feeling of being hated. I’ve been fighting racism since I was a kid. As an adult, I was tired of fighting.

Dealing with racism made me miss my family and friends. I would reminisce about my visit to Cambodia, how it felt good to longer be a minority. When I was there, I'd say to myself "this is probably how white people feel in America".

But racism in jail did not break me. I always returned to general population and respect for me grew. I just felt alone.

When I was sent to Souza Baranowski, a maximum state prison, there was a lot more Cambodians. Many that I knew from Lynn and Lowell, Massachusetts. It did not matter if you we're a Blood, Crip or Tiny Rascal, as long you are Cambodian or Asian, we’re all united. Asian communities across Massachusetts state prison called themselves the "Southeast Asian Empire". 
The goal was to protect one another. I did not chose the label, but I believed in the unity.

In 2013, a prison riot occurred, it was labeled "The Asian Riot". Cambodians with knives attacked Boston gang members on several units, in the yard and chow hall. Months later, Cambodians stabbed a correction officer in the throat during Cambodian New Year. Just recently, Cambodian inmates were involved in a serious stabbing and several incidents against inmates and officers. Being the most violent in prison boost respect levels. But truth to the matter is, all of us hate the violence.

The violence usually stems from racism, ignorance and prison politics. If you don't react negatively, it becomes a sign of weakness and you become a target. A sad reality of prison.

I am now at a medium security facility, where again I am the only Cambodian. I do not deal with the same issues as before. Though many people are fascinated by how I talk or carry myself. People stereotype Asians to be a certain way. When they meet a Cambodian, I guess we shut down those stereotypes. At times, I do wish I had people to relate and reminisce with about my culture. Better yet, I wish to be free.

The Day My Nightmare Started

Friday October 26, 2012 at 1:30 a.m I was awaken by a phone call from my girlfriend,  the love of my life. While heading home from work, she had an accident with a deer, it side swiped her car. I asked if she's "OK", when she told me she was, I replied "be careful and drive home safe". I  went to the living room and laid on the couch to wait for her to come home.
     Every morning at 2:00 a.m I waited for her to come home from work. She had told me how lonely it was to come home while everyone was sleeping. So I made sure to be awake. I would help her get into her pajamas. We would eat and talk until she was ready for bed.
     But when she came home that morning, I can tell she was upset at me. At first I didn't realize why. Until she shouted, "I was scared when I hit the deer and you said nothing to comfort me!". I did not realize I came off so cold when she called. I should of realized how scary it must be to hit a creature that size in the middle of the night. Was I too tired to notice? That was no excuse, she was looking for comfort and I failed her.
     When we went to bed, I tried to hold her, but she pushed me away. She slept by our one year old daughter. I laid there staring at the dark ceiling until I fell asleep.
     At 6:00 a.m. my alarm rang. I woke up our daughter and we got ready for our day. I loved brushing my teeth with her, it was the cutest thing to witness. Before we left, I try to give "my love" a kiss, but she rejected my affection. Only our daughter could get kisses from her.
     My plan for the day was to drop off our daughter with my sister. Bring my mother to the Cambodian temple and go to work. Once I finish my shift, I wanted to buy some flowers for "my love" and take her on a surprise dinner date. I wanted to make it up to her and apologize for slipping up on being her man.
     But just like how the morning started, things continue to not go well for me.
     While driving to my mothers house to meet my sister, I get rear ended. The woman who rear ended me blamed me for the accident. She hooted and hollered. I told her "I got a little girl with me and I don't have time for this!". There was no damage to the car, so I just blew her off.
     When I met  with my sister, my daughter some how knew I was trying to drop her off. She started screaming and crying for me not to leave her. I told her I will pick her up later and gave her a kiss. It always tugged at my heart when she would cry like that. She's was Papa's little girl, I could never leave her sight.
     After, I helped my mother put some bags of rice in the car, then we headed for the temple.
    Once we left the temple, I drove through Lynn, Massachusetts to bring my mom back home so I can go to work. I notice a Lynn police cruiser driving behind me. The police lights turned on. My mother ask me "did you run a stop sign?"
I pulled over and the police pulled over behind me. Their car doors open and their weapons was out. I look at my mother and said "this looks more serious then a traffic stop". I see the look of fear on her face. The police yell at us to put our hands up. They open my door, pull me out the vehicle and put handcuffs on me. As I look around I see the whole area blocked off. There was about a dozen of marked and unmarked police cars.
     While in the police cruiser I ask the officers "why am I being arrested?". They tell me they don't know, but their superiors had told them to pull me over and arrest me.
     At the Lynn police station a Massachusetts state trooper and a Billerica, Massachusetts police officer sit me down in a interview room. The state trooper tells me he knows everything and I need to talk. I tell him "I don't know what they are talking about" and I ask for a lawyer. He continues to pound me with questions. The Billerica police officer then comes in and tells me "your a good kid, don't go down for something someone else did". I repeat to them "I want to talk to a lawyer".
     They transfer me to the Billerica Police Station and process me. No one would tell me my charges.
     An older officer allowed me to have a free phone call. I called my mother and talked with my daughter. That phone call was the first time I heard her say the words "I love you papa". Hearing those words brought tears to my eyes. The officer then said to me, "as long as I'm here you can have as many free phone calls you want".
   I called "my love" and she had already knew what happen. She was trying her best to be strong.
    In the holding cell I laid there on the metal slab. I fell asleep a few times. Every time I fell asleep, I would dream about coming home to "my love" and my kids. I thought those dreams were  real. But every time I woke up I was in a cell, it was a nightmare. Days later "my love" told me about her Friday evening of October 26, 2012. When she was heading home reality hit her like a ton of bricks. Due to the fact She knew I was not home waiting to embrace her.
    Over six years have past and I am still fighting to prove my innocence. Every day I wake up in a cell, it is a nightmare. I pray and hope I will be free to pick up where I left of. I would get those flowers for "my love" and apologize for everything. I would tell her she no longer have to worry, no longer have to cry. I would hug her and hold her and never let her go.