There are numerous injustices in the criminal justice system, and California voters agreed that the Three Strikes Law was one of those injustices. They fixed part of the problem by amending that law on Nov. 6, but it’s just one small step.
“Proposition 36 sends a powerful message to policymakers in California and across the country that taxpayers are ready for a new direction in criminal justice,’’ said Adam Gelb, director of the Pew Center on the States’ Public Safety Performance Project.
An example of this draconian Three Strikes Law is Sergio Ayala, who was freed after spending 18 years in prison for stealing a leaf blower with an estimated value of $150. It cost the state an estimated $1-millin to keep him incarcerated.
“States that have already made some changes to their sentencing laws may be inspired to take a second look, and states that haven’t made significant changes yet may start,” Gelb commented.
The Ayala story begins on Feb. 2, 1995 when he was arrested in San Diego County for burglary in the first degree. At his second court appearance, the public defenders office told him he was also being charged with petty thief with a prior.
Ayala was now facing 37 years to life for burglary and 25-to-life for the petty thief with a prior, a total of 62 years to life.
Three strikes was in its early stages and people in jails still did not believe they could get life for non-violent crimes. Ayala says he was a drug addict and didn’t understand how he could receive such a long sentence.
He knew he was in a battle for his life but didn’t know what to do, especially with the public defenders office defending him. Like most people in jails, he didn’t have the money to pay for his own attorney. “I stole to support my habit, then they gave me a $1-million bail. It just doesn’t make any sense.”
He was offered a deal for 18 years with the possibility of parole after serving 85 percent. The public defenders office told him he should take the deal, and if he didn’t, he would be given 62-to life. He was given two days to make up his mind.
By his next court appearance, a new district attorney was assigned to his case. The previous DA was removed because his boss did not approve of the deal. With the deal off the table, Ayala watched others plead guilty to avoid the long sentences, but still receiving 25-to-life.
Ayala admits he was no saint, because of his addiction. His arrest history goes back to 1977.
He’s happy that he is going home. His family has been very supportive, especially his kids. He says while in prison he learned to be a better person, especially after he came to San Quentin, where rehabilitation programs helped him gain insight in his life. He just wishes inmates in other prisons had the same opportunities as the men in San Quentin.
As for the future, he plans to continue with his art work and hopes to start his own business.
