Tag Archives: sentencing

My Upcoming Release

It is November 11th, 2017. Saturday morning. I will be released in less than 72 hours. Until recently I had thought my release date was May 27th, 2018. I felt grateful enough just to be spending my last few months on electronic monitoring. I could have just kept happily plugging along, knowing I was able to go home at night to my kids. Not too long ago I was lucky to have 10 minutes on the phone with my daughter for that day.

I don’t know who you are, reading this, but let me give a brief overview of my story. It won’t be as short as I’d like it, but I will try my hardest to not bore you.

My mom was 17 when I was born, my dad, 27. He had just been released from Lemon Creek Correctional. That’s in Juneau, where I am from. The marriage was short, and I have only one memory of seeing my mom and dad around each other. I was 4, we had just picked him up at the courthouse. I was in the backseat and my mom introduced him as Milton, My dad. I have other memories of Milton too, alone, age 5. I’ve worked hard at suppressing those memories. Later in life, I faced them, and in turn, faced many of the demons that kept me ensnared in my own dark places. In my late 20’s Milton OD’ed before I could face him with my forgiveness. He was my biggest cheerleader for my recovery from drugs and alcohol. He was found dead from an overdose. This was my first funeral. I didn’t stand up and say anything. Over time I have realized this as my only regret in life. I realized just how fearful I was in life at that time.

In my teens the State of Alaska raised me. Juneau Youth Services (Miller House), a few foster homes, and Johnson Youth Center (JYC) were my parents. I learned the serenity prayer behind a god-awful orange door at JYC. I experienced being a kid at Miller House. I learned that other families were just as screwed up in the foster homes I briefly stayed at. I was a runner. I would leave when things were going too good or when I didn’t get my way. I was a sad and hell-bent on ending my life as a teenager.

Fast forward a few years and seven treatment centers, and I am on a bench. Akeela. I was relocated to Anchorage Alaska by an adult probation officer that I have thanked a few times for saving me from myself. I am forever grateful for Akeela saving me from me.

I have had more clean time and recovery in my life than using at this point. I am grateful for that. My two kids, one actually an adult now, have seen my struggles, both when using and in recovery, and have had to deal with the brunt of this arrest and incarceration. They are loved and are stronger than I was at either of their ages. I didn’t give them up to the State and have been there as a parent every step of the way.

So what happened July 2014 didn’t devastate me. It knocked me down for a moment, but I am okay.

Sex Trafficking.

How did that happen? Oh, did I fail to mention that I answered an escort ad in The Press in 2004? I was 30 and was a burnt out drug & alcohol counselor, teaching water aerobics and youth yoga, barely making my mortgage. The final straw was an abusive husband. Escorting enabled me to leave an abusive situation that was harming my children and myself. I was able to pay my bills and provide for my children and myself. I worked for two different services and it was just a short time before I embarked on my own, with a few friends I had met on the way. One who taught me everything I know.

If we have met, you know my personality. I don’t know how to go halfway. I go full speed. Over the years, I have mellowed a bit, gained a few boundaries, insight over my actions, quit before it got too deep or said sorry when needed, but when I started on my own I was in the shadows of The Chateau, of Ravenite. I ran a business and was good at it. After a few years and a robbery at the incall location where a dear friend of mine was almost shot, I decided to close up shop and went to go work at the local paper.
I still worked as an independent for a short time before landing a whale (google if you don’t know). I took a break for several years, only to return to the business with a management role and as an occasional worker.

Not even 2 years later my daughter, while at her dads’ for the week, saw me on the news. I was arrested on 7 counts of Sex Trafficking. I won’t go into what Alaska’s definition of Sex Trafficking is, or how I see this as the new “War on Sex Workers” similar to the “War on Drugs”. I have written previous blogs focused on this.

I was arrested a few days before a long-awaited vacation to Knotts Berry Farm with my daughter. Tickets, hotel, everything bought and paid for. I watched planes in the sky from the plexiglass window at Hiland Mountain Correctional the night we were supposed to go. I was trying to bail out when I was charged with yet another felony. Class A Sex Trafficking. Someone I booked was 20. I was looking at 25 plus years. My life was over. I was able to bail out after 3 months, on GPS ankle monitor with an added live third party person who had to be with me 24/7, locked down at home, not allowed to be in possession of a phone or access the internet. Those were the darkest days in my life. I was sure my story would end in suicide or I was going to be on the run for the rest of my life. The only thing that stopped me from either of those choices were my two kids. I had felt I had done more than enough damage to them by the arrest.

My sister had been my live third party for about 2 months when she decided she couldn’t do it anymore. I went back to Hiland Mountain Correctional a week before my daughters 14th birthday. After two months I was able to bail out on GPS ankle monitor, sans the live third party, only if I took a plea deal. Plead guilty to a Class B Sex Trafficking charge, and I could stay out until July when I would be sentenced to 6 to 10 years. Open sentencing. Linked to this was my husband’s plea deal as well. He would only be convicted of a Class C Sex Trafficking charge and spend no time in jail. With him out, he could take care of my daughter and our home. I knew this was the best option.

Paying the $500 plus for my GPS ankle monitor every month I was out wasn’t easy. I had to depend on many others and on donations from a GoFundMe account a friend had set up. We didn’t have enough food to eat and I would dish my daughter up first. I really didn’t have much of an appetite anyway. I was able to volunteer at a food bank, along with my daughter, and we got the bulk of our food that way. Watching my daughter help others pick out food, how she cared and spoke to people from all walks of life, brought tears to my eyes. I had to be strong. I wasn’t a monster. How could I have such amazing, kind kids if I was such a horrible person?

I was still in shock that running an escort agency with consensual, of age women and men could send me to jail for that length of time. I knew my business may not have been completely kosher, but I had a business license, kept records, filed taxes, and had anyone who I worked with sign an independent contractor agreement that stated they wouldn’t trade sex for money and were working of their own volition. When I heard the term Sex Trafficking I thought of women being forced to have sex and kept locked away. I had no faith that I wouldn’t go away for years because everything was upside down.

My sentencing started on Friday and finished up on Monday a week after my 41st birthday. I had the weekend to make my peace with my life, I enjoyed those moments and held the ones I loved a little longer. A little tighter. I didn’t know why my life was the way it was, but I embraced it. I stood with courage as the court officers led me to the holding cells after I was sentenced to five and a half years.
Still, the transportation officer that moved me from the courthouse to the Anchorage Jail reminded me of how far I had yet to go. After trying to make some small talk with her on the short ride, she said: “Don’t even try to talk to me, you’re the lowest human there is, a bottom feeder, those poor women, you ruined their lives.” I was in shock. That is what a State Official thought of me and my charge. I could only imagine what the general public thought.

In jail, I read. I hoped I could get through it and not be emotionally scarred. I eventually lost the home I had raised my kids in. I lost all but a few boxes and most of my pictures. I had lost “Home” but was finding it within myself and the ones who I loved. I knew I would come back to the pieces of my life. All was not lost.
There were days in jail when the phone was off all day. When I couldn’t hear my loved one’s voices. I walked the yard a lot. Eventually, the husband disappeared. His friend, the roommate, didn’t pay rent to my son and the gas was turned off. My TV was stolen. The husband went to jail for a month on a PTRP and came out in time for Christmas and in time to clean out my bank account. I was denied by Electronic Monitoring because of the “sexual nature” of my offense. My custody level was increased for the same reason. I dug deep. I had finished a set of steps before I went in and sat a wrote.

What am I powerless over? I wrote a list and completed a moral inventory. I wrote and embraced whatever my day brought. I refused to live life on autopilot. This might have hurt but I wasn’t going to go through this for anything. This would not break me, I was determined to thrive and walk out of jail stronger. I would grow to know myself more than I ever had hoped to.

I fought the custody level decision and was put back on minimum. My in-house Probation Officer sympathized with me on the EM decision and put paperwork in for my furlough.
I was sent to the Glenwood Center on Groundhog Day. February 2nd, 2016. My recovery and patience were tested for a little more than a year there. After applying to EM twice while there, and denied twice, I applied one last time. I had nothing better to do that morning when an EM Probation Officer came into the facility and said EM was looking at people they had denied before. I filled out the paper haphazardly and turned it in, fully expecting another denial. I was on Level 4 and plugging along. I had another 16 months left and had already been about Glenwood about a year.

If what I was doing was Sex Trafficking, what happens in halfway houses is Labor Trafficking. I had more self-respect and voice when I was an escort. At Glenwood, you have to work a minimum of 32 hours a week, and if you aren’t working you have consequences. You cannot turn down any job. If you get fired or laid off, you lose whatever level you have earned. How life was at Glenwood has been a topic of several posts. I have a few more in me, but that will come after I am off paper. I will say this: Recently, they moved the women out and relocated them to a different halfway house, and I heard they lost their DOC contract and are closing their doors. Good.

On March 31st, 2017, I was given the opportunity to serve my time on EM. EM is a privilege, and being home with my daughter, with my son, was an absolute freedom I cherished, regardless of any EM guidelines. I was able to get online again. I was able to touch bases with those that wrote me from all over the world, thanks to SWOP Behind Bars. I was able to start this blog and tell parts of my story. I’ve been allowed to go participate in Criminal Justice Commission meetings, attended a few Human Trafficking Working Groups, and have spoken up at the Anchorage Assembly about SB91/54. I am able to give back to SWOP Behind Bars, updating their website with the countless names of others sex workers serving time.

I went before the parole board in September 2017. I was asked many questions about my “crime”. Those close to me were afraid I would be outspoken in my personal opinion of sex work. Somehow, I was able, to be honest with my beliefs and still say something that the parole board found redeeming because they approved my parole.

In less than 72 hours I will be released. Not much will change in my day to day life, but the emotional aspect of this cannot be discounted. I knew I had to sit down and write something, not to show others how far I’ve come, but to have some closure for myself. A record of this. I denied myself the words I needed to share at my dads funeral. I won’t do that to myself again.
What I would say at the end of this adventure has muddied my mind since my arrest. I had always hoped there would be an end to what in the beginning I could only describe as a nightmare. I had days where I didn’t think I would make it. I thought I would break.

Now it is coming to a close and I am looking thru my personal journals I have kept through this. I found one entry, written 2 years ago. On 11/14/2017 I will be on parole, but on 11/14/2015 I had just found out that my TV was stolen. This was during the darkest of my time before I found my strength. I was just starting to realize in order to get through something I actually had to go through it. Thankfully, I was willing to do the work. I knew I was worth the cost of the battle. Although I am not religious, I had a higher power. I wasn’t God.

“Things will be okay, God has this in his hands” are the last two lines from that journal entry.

I don’t know what my future holds, but I do have some goals in mind. I know now not to limit myself to what I can envision. So, here goes to a full, happy and free life. Thank you to everyone who has been a part of my journey, and continues to be. My life is beautiful.

Why we are the way we are

Freedom of expression and public opinion is democracy in action, and media can be the high traffic bridge that connects us, as individuals, with what is going on around us. Media shines a light on issues, both near and far from us. Media can also expose differences and actions that are not in the public interest.

On one hand, media shows us what “they” want us to see. It’s influence on an issue is not necessary the greater public beliefs, but rather a belief of what is being fed to the writer, to the news, or someones own personal view on the issue. If it lacks transparency, if it feeds us incorrect stats, it can be damaging. This undermines democracy and instead creates a witch hunt. Does this mean all media, journalism, news, Facebook, blogs are fed by an interest group? Not always, not usually, but sometimes.

On a local level, I have seen the news, online and televised, focused on issues that are easily sensationalized. I am talking about Senate Bill 91 here, and in full disclosure, I have a personal opinion to the positive aspects of what is can do for us, as Alaskans. Others have personal opinions regarding how its not working. Regardless, in order to understand an issue, I have always tried to see the other side. And the other side is angry. The other side is also confusing the Senate Bill 91 with homelessness, vagrancy, and what happened when “so and so was sentenced four years ago”. I have read the headlines of “spiraling crime” and am a part of some Facebook crime groups. Luckily, or unluckily for us, depending on who you ask, is a greater ability for shared information and how in turn it makes media and any spin accessable. Media and public opinion can be influential in policies that affect us, as Alaskans. People have a voice, even if its biased. Even if it is led by misinformation. Even if it is negligent.

Access to information is important for democracy and helps us make informed choices rather than acting out of ignorance or misinformation. There is a shortcoming, as there always is, being the issue of “how true the information is that is shared”.

Is the information slanted to one view?

Who does this benefit?

Where does the information come from?

So many questions to ask when looking at the validity of an article, newscast, debate, blog, Facebook post…the list goes on.

We believe what we want to believe, using our own lived experiences, what we have seen or heard before, and read before. If a newspaper prints something erroneously, the correction usually appears on a back page, near the bottom, in small print. The printed or broadcasted information is now the experience, not the correction.

Is democracy really a “government of the people, for the people, by the people”?

SB91 is a hot button topic for many Alaskans. Media serves as a means to convince an already frightened public that longer sentences are needed, that the old “nothing works” mentality from the 1970’s is needed again. Thus, a cycle of high incarceration rates, with few rehabilitative solutions, is seen by many as the only option. Remember, that is what we have had for years. And it wasn’t working.

Full disclosure, I am writing this with an ankle bracelet on. I have been incarcerated since I was arrested in 2014. I was granted parole and am due to be released in November, next month from the time of this writing. I am writing this in response to the public meeting I attended October 7th at the Anchorage Assembly. During the public testimony I heard many voices of concern, anger, and misinformation.

“Why can’t we use the criminals PFDs to pay for their incarceration?”

Per PFD website:

You are not eligible for a dividend if during the qualifying year you were:

  • sentenced as a result of a conviction of a felony;
  • incarcerated as a result of a conviction of a felony;
  • incarcerated as a result of a conviction of a misdemeanor if you were convicted of a prior felony after 12/31/96;
  • incarcerated as a result of a conviction of a misdemeanor and were convicted of two or more prior misdemeanors after 12/31/96.

Crimes before the SB91 was even enacted were brought up, one woman expressing frustration over her daughter’s killer not being sentenced, three years later.

This is a sentencing issue, and many are frustrated by this. And have been for years, far before SB91 was ever thought into existence.

According to one man, all homeless should be in jail, and it is SB91’s fault they are not.

Homelessness is not a crime.

Car theft has been on the uptick, and SB91 was to blame for this.

Another angry, misinformed Anchorage resident stated “If I burn this building down, it could be a Class B felony, but prosecuters would give me a plea deal, and it would be a Class C felony. Because I am not a felon, I wouldn’t have to do any jail time for it, thanks to SB91.”

No, you would likely be charged with a plethora of Class B charges, and a few Class C’s for good measure. A plea deal for a Class B would most likely be the scenario. See the statutes below, along with an updated sentencing chart. There are also things called “aggravators” and “mitigators”. That increases or decreases the sentence. Here is the link for those.

AS 11.46.400. Arson in the First Degree.

(a) A person commits the crime of arson in the first degree if the person intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury. For purposes of this section, “another person” includes but is not limited to fire and police service personnel or other public employees who respond to emergencies, regardless of rank, functions, or duties being performed.
(b) Arson in the first degree is a class A felony.

AS 11.46.410. Arson in the Second Degree.

(a) A person commits the crime of arson in the second degree if the person intentionally damages a building by starting a fire or causing an explosion.
(b) In a prosecution under this section, it is an affirmative defense

(1) that no person other than the defendant had a possessory, proprietary, or security interest in the building or that all persons having such an interest consented to the defendant’s conduct; and
(2) that the sole intent of the defendant was to damage or destroy the building for a lawful purpose.
(c) Arson in the second degree is a class B felony.

AS 11.46.420. Arson in the Third Degree.

(a) A person commits the crime of arson in the third degree if the person intentionally damages a motor vehicle by starting a fire or causing an explosion while that vehicle is located on state or municipal land.
(b) Arson in the third degree is a class C felony.

See sentencing guidelines, past and present, 002_JU2016200423 .

Also, having an arson felony, you would be ineligible for electronic monitoring and doing time in a Community Residential Center.

 

One woman said SB91 had let someone fall through the cracks who was subsequently shot by police during a routine traffic stop. She was adamant that SB91 is at fault for the mans death, not the officer who shot him.

This is pointing to SB91 as the cause of the man being shot, not logical.

So what now? Viewing criminals within the retribution model, rather than the rehabilitation model, results in an increase of sentences, more parole and probation revocations and more arrests. These are associated with high recidivism rates as well (going back to jail once you leave, due to a parole violation, probation violation or a new charge). Parole/probation violations could be something as simple as interacting with another felon (maybe you met at a support group and went for coffee and fell in love), getting a dirty urinalysis, drinking at a bar, not having an address to list on you monthly probation report. There are many reasons to revoke.

The Uniform Crime Report (UCR) shows that Alaska’s crime rate dropped in national rankings, yet Alaska was one of the top eight states in per capita prison population. Alaska Courts took notice and knew something needed to change.

Even in this report, dated Summer/Fall 2011, the efforts of the Alaska Prisoner Reentry Task Force of the Alaska Criminal Justice Working Group (CJWG) collaborated on ways to improve Alaska’s justice system. The CJWG was co-chaired by Alaska Supreme Court Justice Walter Carpeneti and Attorney General John Burns. The plan had recommended examining laws, rules, policies and practices that resulted in incarcerating individuals who posed no substantial risk to the community; increasing prosecutorial discretion; expanding use of halfway houses; and augmenting therapeutic courts and other problem-solving courts for misdemeanants.

Alaska Justice Forum 28(2–3), Summer_Fall 2011

So here we are. SB 91 hasn’t been fully enacted and we are ready to throw out the carefully researched information that took years to forumulate because of what some feel is an uptick in crime. But is that really what is going on? Or is it the ability to put anything and everything out in media, our slants, our opinions, our voices, and call it truth?