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Thousands Sign Petition to Free Jailed Mom Sentenced to 12 Years for Selling $31 in Drugs

Posted by stephanieprecourt on October 7th, 2011 at 10:22 am
3557791151 885f645d7e 225x300 Thousands Sign Petition to Free Jailed Mom Sentenced to 12 Years for Selling $31 in Drugs

Mom of four must serve eight years in prison for selling $31 of marijuana.

An Oklahoma mom of four who was sentenced to 12 years in prison for selling $31 of marijuana in late 2009 and early 2010 has had the hefty sentence reduced to only 8 years last week. Over 30,000 people have signed a human rights petition to demand that Patricia Spottedcrow receive probation and be freed from prison so that she can get back with her family. 

The original sentence was given by the now-retired Associate District Judge Susie Pritchett. Spottedcrow’s sale of the drugs while children were in the home was cited as a factor in the sentence, but does this punishment really fit the crime?

“I’m astounded that the judge would make this decision,” Garret Overstreet, a Tulsa resident who started the campaign on Change.org said in a press release issued today. “Patricia is in jail with people convicted of crimes like manslaughter who are serving much less time than she is for selling a small amount of marijuana in order to feed her kids.”

Spottedcrow is currently awaiting parole in 2014.

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 Thousands Sign Petition to Free Jailed Mom Sentenced to 12 Years for Selling $31 in Drugs

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15 Comments

I don’t understand how being a mother should be a factor in a criminal sentence. If you excuse someone for their behavior based on that factor, you have to do the same to all parents who are found guilty of felonies. Because regardless of what the public thinks of this, it is still a felony to sell narcotics. Also, if you reduce this woman’s sentence simply because she has children, you set precedent for every other mother (or father) who commits a similar crime. Would people be rallying for her release if she didn’t have children? Or do they feel that by being a mother she is simply exempt from the same rules that apply to others. And while the sentence might seem harsh to some, imagine if your child was at a friend’s house and their mother was the one making a drug deal. Would you still feel so lenient towards her?

Katy commented on Oct 07 11 at 10:50 am

Katy, Ooooh very very good perspective.

I think they petitioners think she’d be better off at home with her kids than in prison for a first offense but you have some VERY good points here. Yes.

Steph

Stephanie Precourt commented on Oct 07 11 at 11:00 am

Maybe she should have just raped someone instead, since that comes with a lighter sentence. There is something seriously wrong with this system.

Look at this:
http://www.usatoday.com/news/nation/2009-06-16-rape-sentence_N.htm

Manjari commented on Oct 07 11 at 11:12 am

Marijuana should be legal. This sentence is insane, it doesn’t matter if it’s her first offense or if she’s a mother. Over 800,000 people were arrested last year for minor possession of marijuana at a cost in the billions of dollars just to arrest them, not even prosecute, convict, jail, and follow up. Moms (and Dads) would not be any likelier to deal out of their house than they are to sell booze out of their house if marijuana were legal and regulated.

lam commented on Oct 07 11 at 11:30 am

I’m with Katy. So what if she’s a mom? Our legal system is meant to work by deterrence. You know that if you break the law and get caught, you go to jail. You could even look up the likely punishments fr a crime, if you wanted to. So, she knew that selling drug was illegal (LAM can argue that point all she wants, but it’s not relevant here) and yet she did it. If you choose to break the law, you risk going to jail. Crying about unfair punishments or your missing kids afterward is stupid. Should have thought of that before you did it! If anything, we should be coming down on her for being so stupid as to risk this harm to her kid’s lives. She played with fire and they are paying as heavy a consequence as she is. That part is sad.

Oh, and imagine if a drug “customer” had hurt one of her kids, we would not be sympathizing with her then, would we? Yet, she took that chance by dealing out of her house.

Holly commented on Oct 07 11 at 12:54 pm

But Holly, don’t you think 12 or even 8 years is excessive for this crime? Do you think it’s reasonable that even violent crimes often come with lighter sentences? I don’t think it’s as simple as you’re making it sound.

Manjari commented on Oct 07 11 at 1:09 pm

I wonder how many of the people claiming this sentence is fair have ever smoked marijuana? Considering that nearly everyone I’ve ever met has at least tried it, I have a feeling that a lot of you should really know better. Marijuana is utterly harmless, far more harmless than legal drugs like alcohol and cigarettes, and it’s absurd that this woman was given this ludicrous sentence for something that shouldn’t even be illegal.

Bunnytwenty commented on Oct 07 11 at 1:43 pm

Manjari – not for me to decide if a sentence is fair. I imagine her state has sentence guidelines and that her sentence falls within what is typical for her crime. That’s the thing about breaking the law…you risk the consequences and those consequences can be harsher than you feel is fair, but it’s not up to you, it’s up to a judge. Don’t break the law and you won’t have that problem!

Bunny – nope, never tried it, nor have most people *I* know. I did the math and figured it was not worth the risk! And she was not found in possession, she was found guilty of distribution. Different things. I actually do support my local law that punishes small possession with a fine rather than jail. But, at the time and place where this lady sold the drug, it was illegal. Even if they made it legal now, it’s not retroactive and she still broke the law and put her kids at risk.

Holly commented on Oct 07 11 at 2:26 pm

Holly, it seems to be mostly luck (such as which judge you get) that determines sentencing. And if you can’t be outraged that things like rape and manslaughter get lighter sentences, I don’t know if there’s any reasoning with you. It’s not up to us to decide sentencing, but as members of a society it makes sense to have opinions about things like this.

Manjari commented on Oct 07 11 at 2:34 pm

Marijuana is classifed as a narcotic since when?

thatredheadmom commented on Oct 07 11 at 2:52 pm

All this conversation does is make me shake my head in wonderment that people can be so freakin’ judgmental over something as innocuous as marijuana. If you seriously believe this is a fair sentence, you need to have you head examined. Kid yourself all you want, but a marijuana is less harmful than the chardonnay you had with dinner.

Linda, t.o.o. commented on Oct 08 11 at 12:22 am

The concern isn’t simply because she’s a mother, that just factors in considering her children now have a 6 times more likely chance for being sent to prison as well with their mother incarcerated the first part of their life. At the burden of the tax payers, we’re looking at spending over a million dollars in state resources to fight these types of actions… all for $31 worth of marijuana. In fact, over 46% of the nation admits to have trying marijuana, roughly 20% will use it at least once this year, and 100% of the people know at least one person who has tried it in their lifetime. A recent study shows that if asked, over 3 of 4 homes support a change in our marijuana laws, yet if asked, “Do you think your neighbor supports it?” just the opposite… 3 of 4 homes feel like they won’t… propaganda has gotten the best of us all. The last three US Presidents admit to have smoking marijuana, yet they get to become leaders… while low-income families like Spottedcrow’s get treated like second-class citizens and locked away for a decade. We’re arresting over 800,000 people every year on marijuana charges, 90% of which is for simple possession. Since 1965, we’ve arrested over 20 million people on marijuana charges alone… George W Bush did cocaine, smoke marijuana, got a DUI, and ran our deficit twice over spending trillions of tax payer dollars… and yet, he won majority vote twice to be the leader of our “free nation.” Yes, many things are illegal, yet 100% of the people have broken the law in one way or another, whether you know the consequences of your actions. Imagine if African-Americans didn’t drink from the “wrong” fountain, imagine if women suffrage never happened, imagine if our forefathers, who all grew hemp, simply allowed Britain to make the rules and the revolution never happened. I’m not saying she didn’t break the law, I’m saying it’s a broken law to begin with. There are better alternatives. The only risk involved here is it’s illegal, you can’t have a crime without a victim.

Drinking, in public or in private, is more dangerous, speeding is more dangerous, rolling through stop signs is more dangerous, smoking cigarettes around kids is a thousand times worse, even drinking a cup of coffee or a can of soda is more dangerous (according the National Institute of Drug Abuse http://www.saferchoice.org/images/SAFER/comparingdangers.png)

Rehab, proven to be a better alternative, would be a much better solution in this case than a 8+ year prison sentence. Now she’ll come out with a felony charge, which makes it next to impossible to get a job, a stranger to her children, and most likely a hardened criminal most likely resorting to a life of crime or continued low-income (opening the doors for more potential problems).

In this particular case, the modification hearing was cancelled by the judge just two days prior to her review and she was given a slightly lesser sentence. She wasn’t even granted a fair hearing. Which goes against everything the nation stands for. We spend $20 billion every year nationwide fighting marijuana, over $120 million alone in Oklahoma, and yet it becomes more potent, more expensive, and more readily available… especially to children. The drug war has been, is now, and always will be, an utter failure. We need to regulate marijuana and treat it like alcohol, if this was the case here… Patricia’s case wouldn’t be so severe. Prohibition of marijuana is comparable to alcohol prohibition… it created crime, corruption in law enforcement, excessive underage use, and countless problems… even more than what we have in a regulated market.

One more tidbit, our nation only makes up 5% of the world population, yet we make up over 25% of the world’s prison population… we incarcerate more people than any other country in the world… the majority of which is for non-violent crimes as such.

How can this be called justice when child molesters, rapist, and many murderers have been given lesser sentences? How is locking her up going to prevent marijuana from being distributed? I would like anyone contending with these arguments to tell me how they think molesting children or raping someone is less of a crime than selling marijuana?

Garret Overstreet
Executive Director, Tulsa NORML

Garret Overstreet commented on Oct 09 11 at 1:25 pm

Sadly, it’s all about money. There was a family in my hometown that was instrumental in revitalizing our downtown area. It turned out that they were using money made from selling massive amounts of drugs to fund these businesses and, in turn, used the businesses as a way hide the drug money. Each responsible party did 5 years or less. And this was millions of dollars worth of drugs. It’s all about money and how much “influential pull” you can afford.

Katy E commented on Oct 09 11 at 9:29 pm

@Holly: “Bunny – nope, never tried it, nor have most people *I* know.”
They’re lying to you, dear. In any case, I’m sure that in your life, you have jaywalked, or driven above the speed limit, or any number of minor things that are also illegal.
Agreeing with Katy – if you’ve got loads of cash, it doesn’t matter what you do; your sentence will be less, if you get sentenced at all. Ask yourselves, folks who support this: are you fine with the fact that the people responsible for the wholesale destruction of the Gulf of Mexico, leading to widespread wildlife death and illnesses for thousands of people, are not in jail, while this unlucky lady is?

Bunnytwenty commented on Oct 10 11 at 8:10 am

What do you think happens in homes where drugs are sold? Do you think that the people that go to that home to buy drugs, or to steal drugs are honest pillars of the community that are concerned about the safety of the children in the home?

CarynB commented on Mar 13 12 at 4:16 pm

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