Episode 10: Pardon Pursuit

How does a felony conviction continue to affect the lives of the men from the 8th and H case?
Podcast
Dec. 4, 2024

Why would someone need a presidential pardon after being released from prison? This episode features the voices of all six accused men as they explain the myriad of ways their lives continue to be affected by their felony convictions long after they've exited prison doors.

As we await a potential pardon, we will continue to publish updates in real time on The Alley feed, so stay tuned. If you’re called to act, you can sign a letter of support at 8thandhjustice.org.

You can also help by talking about this case on social media using the hashtag #8thandHJustice.

Transcript

Ben Sands (in the field) They're doing construction.

Shannon Lynch (in the field) It's super loud.

Narrator (Shannon Lynch) On November 20th, 2024, my colleague Ben Sands and I walked to the White House, which is just a block from the New America office. The sounds of drilling and pounding wood filled Lafayette Square. Construction had begun on the viewing stands for the presidential inauguration parade, set to occur in exactly two months. We went to the White House to ask a simple question to Americans visiting the home of the president.

Shannon Lynch (in the field) What does a presidential pardon do?

White House Visitor 1 It frees somebody from prison?

Narrator (Shannon Lynch) During my conversations about the 8th and H case, the vast majority of people I talked to believe a presidential pardon is only good for one thing.

White House Visitor 2 From what I understand, it is it frees people that are wrongfully incarcerated.

Narrator (Shannon Lynch) When I tell people that the falsely accused men applied for a presidential pardon, they almost always respond with the same question.

Morell Mackey Well, why do they need a pardon if they've already been released from prison?

Narrator (Shannon Lynch) Even though Levy Rouse, Chris Turner, Charles Turner, Cliff Yarborough, Timothy Catlett, and Russell Overton were released on parole after completing their minimum sentences, nearly every aspect of their lives are affected by the murder conviction that continues to hang over their heads. For starters, when they first got out, the prospect of just beginning their adult lives in their 50s and 60s was daunting. Here's Timothy Catlett.

Timothy Catlett I tell a lot of people, I say, Man, I'm like a 21, 22 year old kid getting out here, trying to find a way in life. You know, when I look at other people my age, you know, they got houses and cars and you know where I am. I got out a 55 and I'm saying, man, now where I'm gonn start at? How I'm gonna start?

Narrator (Shannon Lynch) After facing the massive challenge of reorienting themselves in a society that bears little resemblance to the world they left in 1984, the men from the 8th and H case were subjected to many other obstacles. For example, their ability to form relationships and friendships after prison have been strongly affected by their continued status as convicted murderers. Charles Turner says he's hesitant to share the conviction with people he meets.

Charles Turner You know, we go out in the world, we meet people. Some people we become aight with some people we don't. But for me, it's just always a part of me that I just know I'm not going to share with people.

Narrator (Shannon Lynch) Due to their understandable mistrust of others. Several of them live pretty isolated lives. Here's Russell Overton.

Russell Overton I basically just be home with my family. I don't go out nowhere, you know, I just stay home and live off of one check at a time.

Narrator (Shannon Lynch) Levy Rouse also avoids being around strangers.

Levy Rouse By me being incarcerated for so long. I don't trust people. I don't like being around people.

Narrator (Shannon Lynch) Chris Turner relayed a story about a woman he was dating at one point.

Chris Turner One young lady I was dating. She heard her brother told her that. That's one of them guys. They killed that lady in the alley and she didn't want to hear them or she didn't want to hear my side of story.

Narrator (Shannon Lynch) These men's relationships with family members have also been strained. In some instances, the convictions severed familial relationships that couldn't be fixed even after their release. Levy Rouse told me.

Levy Rouse My family, you know, some of them I don't even speak to no more because I feel that nobody was there for me when I went in prison. I feel like if you weren't there for me when I went in, you're not there for me now.

Narrator (Shannon Lynch) Chris Turner fathered two sons prior to being sent to prison. Despite his best intentions, decades of separation have made it difficult for him to rekindle these relationships.

Chris Turner The way my relationship is affected with my sons is we don't really know each other. My ideas of them being my sons was different than their ideas of me being their dad. I had ideas that I wanted to do and wanted to share that I never got a chance to do with them. How do you begin being a dad to someone that's in their 40s and you haven't been a dad to them over the course of their life?

Narrator (Shannon Lynch) Additionally, the conviction makes finding stable housing a challenge. Cliff Yarborough, for example, has been facing a reality of uncertain housing for much of this year. Widespread discrimination from landlords and public housing authorities based on an individual's criminal record, coupled with the scarcity of affordable housing options, make it difficult to secure stable housing upon reentry into society.

Cliff Yarborough I was in the process of applying for housing and the caseworker that I had said that they didn't put me in because of my charge and they said they would put me in again. And I feel with them because of what I was charged with, that they are just dragging me right along. Probably not put me in when they say they are putting me in because of what I was accused of.

Narrator (Shannon Lynch) According to the Institute for Justice Research and Development at Florida State University, about 60% of formerly incarcerated people depend on family and friends for housing immediately upon release. However, for someone who's been incarcerated for decades, family members pass and friends move on, so this source of housing isn't as reliable as it is for people with shorter sentences.

Narrator (Shannon Lynch) People with felony convictions from the District of Columbia are unique in that they never lose their voting rights. However, in this discussion about the effects of a felony conviction after release from prison, it's important to note that this is not the case for the vast majority of incarcerated and formerly incarcerated people. In all states but two, people who are convicted of a felony lose their right to vote when they enter prison. In 23 states, voting rights are automatically restored after release. But in 25 states formerly imprisoned, people can be banned from voting for several years after being released. In some states, people with felony convictions can lose their right to vote for the rest of their lives. Here's Blair Bowie, the director of Restore Your Vote at the Campaign Legal Center.

Blair Bowie Across the U.S., over 4 million Americans with past felony convictions are legally denied their right to vote because of felony disenfranchisement laws in their state. There are an estimated over 24 million Americans who have past felony convictions, and over 80% of those people actually do have the right to vote, but a lot of them don't exercise it and actually believe that they don't have the right to vote because these laws can be really confusing and they vary widely from state to state.

Narrator (Shannon Lynch) Furthermore, formerly incarcerated people face an uphill battle in their pursuit to become gainfully employed. According to data published by the Justice Department, roughly 60% of federal prisoners are jobless a year after being released. While Timothy, Charles, Clif, Levy, Russell, and Chris are all currently employed, their options for sustainable compensation are extremely limited. They're also unable to pursue careers in fields they're passionate about. Timothy Catlett, for example, spent 30 years working in prison kitchens and found a real calling in culinary arts. He hoped to pursue this field further after his release.

Timothy Catlett I went on a quite a few interviews with restaurants, and when I go into interviews it was mostly "have you worked in a restaurant for a year? Have you worked in a restaurant for two years?" And if not, then you know they wasn't hiring you.

Narrator (Shannon Lynch) None of the employers Mr. Catlett approached considered his decades of work in prison kitchens legitimate enough to fulfill their 1 to 2 year experience requirement. While in prison, Mr. Catlett went out of his way to pursue training to prepare him to work in restaurants upon release. But these efforts also didn't seem to make a difference for prospective employers.

Timothy Catlett I got my manager's license. I got my overall food service calls license. I mean, what more could you want? What made it so frustrating is that they hire a lot of people that I know that don't have the experience that I have.

Narrator (Shannon Lynch) Like Mr. Catlett, Charles Turner developed skills and found a passion in his work.

Cliff Yarborough One job I liked while I was in, I was in a procurement field and I used to decipher contract government contracts. I've seen some really big government contracts for the Federal Bureau of Prisons. Big ones, 20 million, 50 million. And I had to read the contract to make sure that the wording was correct and all the specs was correct. I had to read pages and pages.

Narrator (Shannon Lynch) After his release, Charles has been unable to secure a job as a procurement specialist. He's currently employed at a library as a custodial worker. Like Charles, several of these men have career aspirations they cannot pursue due to their status. For example, Cliff Yarborough, currently works for a program called Safe Passage, which ensures D.C. students safe entry and exit from schools. He has a real passion for working with kids and would be an excellent teacher or school aide. But he can't legally work for D.C. public schools until his name is cleared. The widespread trauma these men suffered while locked inside prison walls has stuck with them long after reentering society. Timothy Catlett told me...

Timothy Catlett I have a dream every now and then about being inside. Yes. Yeah. I just had one the other night. You mind play games with you if you just let it, you know, it will play games with you.

Narrator (Shannon Lynch) After being in a state of constant survival mode for decades while incarcerated, these men are constantly concerned for their safety. For Levy Rouse, he notices this, particularly when he goes out to eat.

Levy Rouse When I go in a restaurant, I always get up and check all the doors, which way we get out, which way to get in.

Narrator (Shannon Lynch) Russell Overton feels a similar sense of hyper vigilance even while at home.

Russell Overton It's like the slightest noise I hear, I go through the house, you know? It's not that I'm afraid. It's just I don't want no harm to come to me or my family.

Narrator (Shannon Lynch) After facing such poor treatment by police officers, these men live in a constant state of vigilance around law enforcement. Here's Chris Turner again.

Chris Turner You find yourself always looking in your mirror, rearview mirror. Once you go past the police. Are looking for a reason to stop me? And so you don't get to live a normal life. There isn't a normal day of driving to work, driving home from work anymore because that psychologically always plays a part in your mind.

Narrator (Shannon Lynch) There's also a level of agony some of them hold in their hearts for their inability to see loved ones before they passed. Here's Charles Turner again.

Charles Turner I was treated like crap when I was in. I couldn't see my father. I wanted to see my own father before he passed. I couldn't see my grandmother. I couldn't see my mother. And so it became a source of bitterness for me.

Narrator (Shannon Lynch) Despite attending therapy and being part of support groups, there are certain aspects of the trauma these men have experienced that will probably never leave them. Emotional scars that will never heal. Here's Russell Overton again.

Russell Overton Anybody that's been locked up for so long, I mean, three decades, you know, and you come back to society, you try to fit in, you know, be happy. But how can you be happy whenever you got something so terrible over your head? I mean, it's a miserable thing. Why this happened to me. I mean that was cruel. I ain't holding no ill feelings against no one or anything. I just wish this would be over with and the truth be out.

Narrator (Shannon Lynch) Levy, Charles, Cliff, Chris, Timothy, and Russell will, of course, never be able to give back the decades of their lives that were taken from them. However, a presidential pardon would be an effective step in aiding their journey to healing. As we await a potential pardon, we will continue to publish updates in real time on The Ally feed. So stay tuned. If you're called to act, you can sign a letter of support at 8thandHJustice.org. You can also help by talking about this case on social media using the hashtag #8thandHJusticed. That's the number 8, T H , A N D, H, J U S T I C E. I'll put all of this information in the show notes.

Morell Mackey "The way to right wrongs is to turn the light of truth upon them." - Ida B. Wells

Carly Anderson Thank you for listening to The Alley. This has been a New America Studios production. Our host and executive producer is Shannon Lynch. Our co-producers are David Lanham, Joe Wilkes and me, Carly Anderson. Social Media by Maika Moulite. Visuals by Alex Briñas. Media Outreach by Heidi Lewis. Additional assistance from Ben Sands and Morell Mackey. Please, rate, review and subscribe to The Alley wherever you like to listen to podcasts. Stay tuned for our next six episodes, which will allow listeners to get a deeper understanding of who the men from the 8th and H case are as individuals.