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Waiting to Die: A Tale of Modern American Justice

Posted: 05/23/11 10:19 PM ET

This is a love story about a quadriplegic woman named Sarah and a heroin addict named Rick.

It begins on a sunny afternoon in 1968, when a Ford Mustang GT Fastback, heading to Muir Woods in California, slipped across the yellow line and into oncoming traffic.

There is a very brief pause -- and then it happens.

It's possible that the sun listing over the Pacific and bending the day's light might have blinded the driver's view of the oncoming car. We'll never know for sure: memories spilled like blood and the Mustang was too mangled to provide clues. Sarah Wallace was in the passenger seat.

All she remembers from the incident is that seven days later she awoke in a hospital bed unable to move her arms or feet. She was only 18 years old -- a freshman at Harvey Mudd College.

"The driver broke both his legs," she said. "The only bone I broke was in my neck."

Time had stopped. Life had happened. At first, she said, "there's always hope that your nerves will reconnect." Hers never did. Instead, Sarah built a new life.

She got a degree in software engineering followed by a job at IBM. And, slowly, she settled into a stable new routine. That is, of course, until she met Rick.

Rick's biological mother had put him up for adoption at birth and his stepmother died of cancer when he was 11. His stepfather, a traveling salesman, wasn't around much. The boy also struggled with dyslexia.

He dropped out of high school and landed in auto mechanics, liquor and then the Army, which sent him to Germany to keep an eye on the Soviets.

It was there that Rick first put heroin into his veins and felt the pain melting. "Things just kind of spiraled out of control after that," Sarah told me.

Heroin became a part of Rick. In 1980, it played a crucial role in his decision to pick up a sawed-off shotgun and, on three separate occasions, scare people into giving him money.

In turn, it played a crucial role in the four years he got at the Correctional Training Facility -- a prison just outside of Soledad.

Finally, in 1984, it played a crucial role in his decision to write a letter to a church in San Jose looking for a pen pal to help him stay clean after his release. Sarah just happened to read that letter. Eight years later, they were married.

Unfortunately, heroin is not an easy addiction to kick. And it continued to consume Rick. "At one point, he couldn't comprehend that I could love him as much as I did," Sarah said. "He felt like he didn't deserve it."

Nonetheless, she stuck with him and he with her. Rick helped Sarah with meals. He wrapped her in blankets. He carried her to her wheelchair and stayed near through the night.

They did what all couples do -- they leaned on each other and loved one another.

"There was a big old duck pond at the IBM plant in San Jose," Sarah said. "We would go there on the weekends and we'd take our duck food and we'd feed the ducks. It was just so much fun to watch them come waddling out of the water with their little babies and stuff. They were just so cute.

"Do you want to see his picture?" she asked.

2011-05-19-gregandsusan.jpg
A photo of Rick and Sarah from their mantelpiece

In 1995, Rick had a bad relapse. Heroin drove him to digging through trashcans for things to sell.

In a trashcan that he found a stranger's credit card information, which he used to purchase $795 worth of stuff over the phone, landing him back before a judge.

Rick's conviction came just after California passed the Three Strikes Law, a controversial initiative aimed at keeping criminals that commit multiple felonies behind bars.

In practice, however, Three Strikes doesn't just place severe penalties on repeat violent offenders. It places them on any citizen that commits any second or third felony, assuming their first offense was violent.

"Rick faced two convictions," Sarah said, "one for use of a credit card, the other for possession of other peoples credit card information."

A judge deemed Rick's crime a "third strike". He received the mandatory sentence of 50 years to life in prison.

He was 39 years old and "he'll probably die in prison," Sarah said.

So for the second time in her life, she had to start over. Today Sarah lives confined to a bed in her house. I visited her there in March.

"Just knock and let yourself in."

In the back corner of a spacious living room there sits a bed surrounded by memories of a frozen marriage. In it lies Sarah, alone, like she has been since 1995.

She'll be 61 this year. I touched her hand. We talked.

"The most expensive thing is just having to pay someone to be here," she said. Without Rick, home health care costs her $80,000 a year. "I've got a pension plan and my IRA but I'm going through that really fast."

Harder still is the lack of emotional support. Sure, attendants come by three times a day to help her with meals and bathing, "but it's not the same," she said. "They're here because I pay them to be here."

Rick recently received his GED in prison. Now he's taking college classes in marketing. "I feel like I've got a future," he recently told Sarah.

And Sarah, too, is hopeful. In the face of our economic downturn, many organizations are pushing for reform of Three Strikes.

For her part, Sarah wants Rick home for a lot of reasons. She wants him home so she doesn't need to hire strangers to hold sandwiches in front of her mouth. She wants him home for the money he'll bring in. But, most of all, she wants him home because she wants to end the silence, she wants to see him smile, she wants to walk through the last years of her life with the man who fed ducks with her by the pond -- the only man she's ever loved.

Our interview ended. And as I packed up, I felt a weird sense of guilt. "I just don't want to die alone," Sarah had told me.

But what could I do? I helped her fix her blankets. Then I grabbed my things and I left.

Rick and Sarah are pseudonyms to protect the real people involved in this story.

 
This is a love story about a quadriplegic woman named Sarah and a heroin addict named Rick. It begins on a sunny afternoon in 1968, when a Ford Mustang GT Fastback, heading to Muir Woods in Californi...
This is a love story about a quadriplegic woman named Sarah and a heroin addict named Rick. It begins on a sunny afternoon in 1968, when a Ford Mustang GT Fastback, heading to Muir Woods in Californi...
 
 
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08:00 PM on 06/06/2011
seems to me rick should have thought beforehand Being sympathetic to Sara does not mean a criminal like rick should be free. You are attempting to disguise one with the other. They are quite separate!
01:56 PM on 05/25/2011
Another thought provoking article, Luke. It seems the three strikes policy needs some fine tuning.
Tim The Enchanter
www.garyjohnson2012.com
11:06 PM on 05/24/2011
Three strikes may need a very slight retuning, but it sure beats "one strike and you're out", which is another option for some of these horrible people.

It also beats having judges just making it up as they go along, meaning different justice for different people.
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edgarcaycedoc
06:52 PM on 05/24/2011
Touching story. Maybe today's high court ruling requiring California to decline the prison population by 33,000 will be a good one for Rick and Sarah. It seems to me he would be the ideal candidate for such a discharge.
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Kristin Talbott
One should always be a little improbable.
05:11 PM on 05/24/2011
I don't care how tough one feels we should be on criminals; there is absolutely no argument to be made here that society is benefiting more from having this guy in prison for the rest of his life than from allowing him to go home to his wife.
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iblogleft
Certifiable
04:56 PM on 05/24/2011
If he had just been a wealthy heroin addict....
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undrgrndgirl
using bitchyness for good
11:17 PM on 05/24/2011
ain't that the truth...ugh.
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stanton89
04:39 PM on 05/24/2011
The man got what was coming to him, or maybe you would rather he be your neighbor!!
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silentfury
04:58 PM on 05/24/2011
No problem. I'll just make sure not to put my credit card in the trash.
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05:05 PM on 05/24/2011
When we talk about harsh sentencing guidelines it's not just a matter of whether the convict "had it coming," it's also a question of whether that sentence benefits us as citizens in the long run. We'll likely be paying for that man's living expenses for the next half century. From a purely financial point of view wouldn't it be a better investment if we spent some of that money trying to rehabilitate him so he could be a productive tax-paying member of society instead of a burden?
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carmenalex
!Mamá caliente humanista!
06:34 PM on 05/24/2011
fanned
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HUFFPOST COMMUNITY MODERATOR
Niasia
Tryin to make it in the Nation's Capital
04:20 PM on 05/24/2011
Well you can ask black people all about this. We know too well. I have a friend who said to me "If I hadn't started "hustling" my life would be so different." Both his mother and step father became drug addicts. They lost their jobs, homes and lives. The children were there to fend for themselves. He went from the swim team, basketball and doing well in school to...the mean streets of DC. Like I said we know this story all too well. My friend was able to get out of prison and never return but, life is not the same...try to get a (well paying) job w/ a felony.
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edgarcaycedoc
07:05 PM on 05/24/2011
And getting to prison is a BREEZE. I worked as a program director for a Boys Club (now Boys and Girls Club). My first night there, I was warned about four boys from the same family. I never had a real "problem" with them. But what really opened up my eyes, was when I started visiting in the homes of the boys. The home of these four boys was a "single parent" home, since dad had made his way to Detroit. At first he came home every week-end, and gave about 2/3 of his pay to his wife an kids. The visits had become less frequent, and eventually he stopped sending any money home. They educated me far beyond what any college could. I found out that mom worked 7a.m. to 3p.m. When she got home, she told the kids to study, while she made supper. Then maybe three hours in bed, and up to go to her other job at 10p.m. to 6a.m. It didn't take me long to realize that if a privileged guy like me could snow his parents (both of which were at home--my father was a farmer), then kids disadvantaged as these kids were, would also snow their parents. And BTW, when mom left for her night shift job, the kids all went out running the streets (which I would have done, IF my parents had no way to monitor me). Programmed incarceration.
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04:04 PM on 05/24/2011
In California, the average cost of an inmate is $47,102 per year. Non violent criminals should be released to wear a monitoring device, perform community service and get jobs. The three strikes law is ridiculous. If addiction were treated as an illness instead, this guy might have made it.

Do the math. 50,000 inmates times $47,000 equals $2.35 billion that taxpayers could save. And there are more than 50,000 non violent inmates. There has to be a better way to deal with those who can't handle their addictions.
04:26 PM on 05/24/2011
Its that high because the prison guards union bribes the elected officials to give them whatever they want.....
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JD44Irish
04:40 PM on 05/24/2011
Google the size of the Industrial Prison Lobby and see what turns up.

Building prisons is big business and earns big money - as long as there are new inmates to create a false demand...
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04:48 PM on 05/24/2011
The figure does not include salaries of administrators or guards. You have no idea what you are talking about.
04:50 PM on 05/24/2011
The story says Rick received his long term because he had one violent felony (the armed robberies with the sawed-off shotgun). The story of Rick and Sarah sounds bad and readers, myself included, are led to the conclusion that we all would be better off if Rick were out of prison and tending to Sarah's needs. The problme is that in setting policy, how does one weed out the offenders who have a violent past but no longer pose a problem/threat from those who are still dangerous.
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06:28 PM on 05/24/2011
"The problme is that in setting policy, how does one weed out the offenders who have a violent past but no longer pose a problem/th­reat from those who are still dangerous."

Easy- you let judges decide appropriate sentences instead of legislators, like we did before "Three Strikes." The inability to take individual circumstances into account is why minimum sentencing laws are such a bad idea.
03:59 PM on 05/24/2011
America has to reevaluate our entire justice system for non-violent offenders. We put them in jail for way too long. Much shorter sentences would serve the punitive aspect but would not, as so typically now, destroy all contact and opportunity with the outside world. Europe punished their non-violent offenders with substantially lesser jail/prison terms than the US. Their recidivism rates are substantially less as well as the costs per incarceration.
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edgarcaycedoc
07:10 PM on 05/24/2011
We convince ourselves that prisoners are substantially different from us. While working in penal systems (both military and civilian) I learned the crucial honesty of the saying, "The only difference between them on the inside and them on the outside, is that them on the inside got caught." I would agree that "America has to re-evaluate our entire justice system for non-violent offenders." But for us to have a "justice system" to be "re-evaluated," we would first have to have a "justice system." What we have now is a "Revenge system," not a "justice system."
03:44 PM on 05/24/2011
Three Strike Laws are a travesty. Everyone deserves a 4th chance.
04:26 PM on 05/24/2011
or fifth or 6th...unless it was my credit card. Then hang him.
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Rational Voice
A voice of reason in a world gone insane
03:09 PM on 05/24/2011
Welcome to the United States of Lies -- NOT the home of the free.

We are now the world's number one jailer, and not just by a little bit. Not since Stalin has a nation imprisoned such a huge percentage of it's population. 1% of adults are now behind bars -- 1 in 100 adult citizens. 1 in 30 adults is in out-patient jail (on probation).

More than 1/2 of all prisoners are directly related to the "Drug war", and quite often, their only crime was possessing drugs -- not what they did on drugs, or for drugs -- the drugs WERE the crime. Last year alone, more than 3/4 of a million people were subjected to our horribly broken (anti) "justice" system simply for possessing dried vegetable matter. They were systematically stripped of their rights, and their hard-earned money for a substance that is no worse than most of our fast "food", or anything your doctor would give you.

This is insane -- and we're all paying for it. We MUST end the war on drugs -- we MUST legalize cannabis for all adults. And then we need to have a serious discussion about legalizing/decriminalizing the rest.
shonuff1914
Don't judge me I'm just doin my thang
03:54 PM on 05/24/2011
We need to seriously rethink justice in this country period...it's far too profitable to lock our brothers and sisters up we also need to take a lot of the incentives for jail time away and start making community restetution a more comprehensive option...make people pay for their crimes by strengthening the community they victimized not by leaching more resources out of it...
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03:09 PM on 05/24/2011
Laws designed to take discretion away from courts inevitably lead to sentences that no one would support taken on the merits of an individual case. Three Strikes and laws like it only exist because any politician who opposes them is immediately branded "soft on crime."

America needs to have a serious moment of reflection on why we have the highest incarceration rate in the world. Our crime rates aren't really much worse than anywhere else... so why is an American citizen 5-10 times as likely to be in prison than in comparable countries?
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PengieP
03:52 PM on 05/24/2011
We have the highest incarceration rate in the world for many reasons, including that we have one of the highest inequities in the distribution of wealth. When the society is unfair, the dispossessed have very little reason to respect the laws that enforce the unfairness. Frankly, I'm surprised crime and civil unrest is so low in this country.
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04:27 PM on 05/24/2011
But it goes way beyond crime and civil unrest- we don't have a higher crime rate than many other countries, we're just more likely to imprison people for a long time when they do commit those crimes.
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edgarcaycedoc
07:13 PM on 05/24/2011
"When the society is unfair, the dispossessed have very little reason to respect the laws that enforce the unfairness. Frankly, I'm surprised crime and civil unrest is so low in this country." Don't be too worried. We are working to ensure crime and civil unrest will be the ONLY solution brand new segments of our society will have in the years ahead.
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etiennemacchias
Just trying to make it through this crazy world
03:05 PM on 05/24/2011
The more criminals we throw in the prison, the more we have failed as a society. In Rick's case, we failed to provide an adequate home; we failed to employ him; we failed to rehabilitate his addiction; we failed to keep his guns away; we failed to recognize his love and his lover who's desperately in need of his presence.

I sympathize those who try and want to steer the right path but are unsuccessful because of our society that stress the urgency of personal liability and no second chances.
03:46 PM on 05/24/2011
The first failure was in the school system. Dyslexia was an issue too for this man.
05:04 PM on 05/24/2011
We failed? No, he failed. The story is short on details but from the article--Rick had a job as an auto mechanic and might have led a good life as such. Then, Rick had a career in the Army. As one can surmise from the letter he wrote to the Church seeking someone to help him stay clean after being released from prison, Rick got assistance with his addiction while incarcerated. He did not do waht was necessary to stay clean. Perhaps the greatest opportunity Rick blew was the chance Sarah gave him for a great life. And that is the saddest part of the story--by getting involved with Sarah and then relapsing, he not only continued down the broken path that is his life but dragged Sarah down with him.
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05:48 PM on 05/24/2011
We can't stop people from making bad decisions, but that doesn't mean that putting non-violent offenders away for life is a good decision. Putting all the blame on the convict and none on the broken justice system is disingenuous. It's within our power to enact a system that emphasizes rehabilitation over incarceration, but we have chosen not to follow that path.
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etiennemacchias
Just trying to make it through this crazy world
09:35 AM on 05/25/2011
There is a reason for every action for every person; no act, bad or good, is done just because. Yes, he has personal responsibilities for his actions but we as a society bears societal responsibility for shaping him the way he turned out.
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kiksadi50
02:34 PM on 05/24/2011
I have never supported the 3 strikes law.
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PengieP
03:53 PM on 05/24/2011
The law is a bad law. It would have been better were only violent crimes considered as strikes (the others should be foul balls) but it would still be a bad law.