Expert: Robin Sexton - 1/29/2010

Question
my husband is on parole did two years Michigan prison for absconding was sentenced outside the MI guidelines for no good reason.  We live now in Kentucky and he is on parole.  He has abided by all the rules and he is not a threat to society now nor has he ever been.  He is 71 years old and we have had our lives turned upside down for the past six years.  He was out on parole for almost a year (and he was flop in prison until he went thru csc class and did so and passed) and now he has to take a csc group class and he has done so as this is what he was told he had to do but now the group leaders are threatening to kick him out of group because he will not admit to everything that is on his psi report (definitely all not true) we still have this year left to his parole and are scared they will return him to prison just so they can show they are in control.  His parole officer just says when this happens we will have to notify Michigan and we don't have any trust in the Michigan justice system especially the parole board can you tell me what the chances are of him having to return to prison because he will not  lie and admit to something he did not do?????  We have been married 49 years and I know this he is a good hardworking honest man and we are the victims of the justice system.  The judge should be in prison for what he did to my family...I have wrote Jennifer the governor of Mi and Mike Cox the attorey gen. and many other concerning the injustice done to us and no one cared.  We only want to live our remaining lives in peace. The crime he was accused of and took a plea was a jail time sentence and we could have handled that but the judge went out side the Mi guideline and he was not a fair judge.  If I could sue someone over the heartaches they have caused I would do so as our lives have been a remaining hell since that day in court.  Our so called victims were never victims we were.  Thank you so much for letting me vent off this morning as we are very worried of our future as my husband says he will not admit to things he did not do and everyone will answer before God one day.
God Bless you and a Happy New Year to you.    Sincerely, Virginia

Answer
Virginia,

I am sorry for the turmoil this has caused you and your husband.  I wish i could provide some detailed information for you but with out a complete review of all his information that i can't do and to say i could would be unfair. One of the issues to be straight forward is that once a person is convicted the burden of proving pretty much anything is on the person convicted.  Fair or not that is just the way the law reads.  I would not either admit to something i did not do. People plead guilty for all kinds of reasons and why the judge went outside the guidelines i do not know.  If he plead guilty that is one aspect of his case that he could appeal.  However i sense that you just want to get past that.  I don't know what the details of his sentence and parole are.  In that light the best thing i can tell you is that Michigan is releasing a great many inmates to cut down on the population.  If they have completed their minimum they are paroling just about everyone.  Especially those of advanced age, health issues or have a strong support system.
There are several prison support groups in Michigan who may have some experience in this and i would suggest that you contact them.  Currently you are correct the parole authorities are in control.

Sorry I could not be more helpful

Good luck

robin