bothered me since it was first assigned to me for a number of reasons. One was the amount of the drug that was involved, two was the type of drug that Mr. Smith possessed, and three there were guns involved in this case. In addition, the defendant’s lack of responsibility is a concern. He has shown absolutely no remorse throughout any of his court proceedings. Your Honor, Mr. Smith has been convicted of possessing over seven kilograms of cocaine with at least five hundred grams of it being crack cocaine and various firearms violations. Unfortunately we all know the harm drugs and guns can do to a community and its families. Needless to say, any penalty that calls for 262-327 months in prison is serious, serious stuff. Mr. Smith’s Pre-Sentence Investigation Report shows that he has been involved in not only the criminal life, but also the criminal justice system since the age of twelve. That’s more than half of his life! I recall during one of the hearings his attorney said, “My client is not a bad person.” While I believe that Mr. Steinley was sincere in his belief that his client was not a bad person, nevertheless words are relative. What may be not so bad to him, may be horrible to me, and vice versa. Mr. Smith has ties to the 2-4 Organization.”
“I object, Your Honor. There is no evidence to substantiate that,” said Attorney Steinley as he rose from his seat. “My client hasn’t been convicted of being a part of any organization.”
“Sustained,” Judge David said. “Strike it from the record. Let’s stick with the facts here Mr. Newberry.”
“Okay, Your Honor. If we’ll be honest here for a minute, Mr. Smith has become the exceptional criminal and I believe that the Criminal Justice System has allowed him to get to this point. As I looked over his PSI I noticed how Mr. Smith has been arrested time and time again for various crimes, only to be released and rearrested and released again. Mr. Smith has been incarcerated for a total of sixteen months throughout his life of crime, and my belief is had the message gotten to him sooner, that his behavior is highly unacceptable and will not be tolerated in our society, we may not be here today. We also have to look at the disparity in the communities. What’s going on here in Milwaukee I’m sure will not have any affect on the drug trade in Chicago, Los Angeles, St. Louis or any other place for that matter. But we have to take a stand and send a message to Mr. Smith that we don’t want his kind here. Your Honor we need to keep his kind out so that we don’t become like the other cities, for lack of a better phrase. Therefore, I strongly believe that Mr. Smith is a prime candidate for every last one of the 327 months he is facing. Thank you, Your Honor.”
As the Assistant U.S. Attorney headed back to his seat he nodded at Fast Eddie as if to say, “I got you.” Fast Eddie showed no facial expression. His motto is and has always been, “Never let them see you sweat.” He knew there was an art to playing the cards you were dealt, and he did it well.
“Mr. Steinley, does the Defendant have anything to say?” the Judge asked.
“Yes, Your Honor. Mr. Smith would like to address the court,” he said as he patted his client on the back.
Proceeding to stand, Fast Eddie with both hands behind his back, looked Judge Davis directly in his eyes and said, “Your Honor, I am a man of morals and principles. I am a husband and a father to my children. All of these things Mr. Newberry failed to mention in his description of me and who I am. I have been called many things in my life, but never a spineless coward. He spoke of how I haven’t accepted responsibility for my actions, and how I have no empathy for my victims. As I said before, I am a man and part of being a man is holding your own and taking your own rap. That I never had a problem with, then or now. It’s the responsibility of the other people that I have a problem with taking. Six of the nine people that testified for the government I don’t even know. I never saw them prior to my trial. Never had any dealings with them. So yeah, I have a problem with showing empathy to people who are not victims and are nothing more than liars and rats trying to desperately wiggle themselves out of trouble. I’m sorry, but I’d rather die like a man than live like a coward.”
Fast Eddie sat down without looking back at his family. He knew that regardless of what he said at this point, it had no bearing on the Judge’s decision. The Feds had what was called mandatory minimum sentencing, by law the Judge had to sentence you within the federal sentencing guideline range. Therefore, there was no need to kiss ass and say a bunch of sorries. He knew in life a man chooses his own journey, where he ends up was purely a reflection of the decisions he made along the way.
After seating himself, Fast Eddie’s Attorney stood up to address the court. He had a plan. “Your Honor, I have a lot of issues with what Mr. Newberry says in terms of it being dishonest. Not illegal, just dishonest. Mr. Newberry went into great detail about my client’s criminal history. He said that my client has been arrested, released and rearrested only to be released again since the age of twelve – only having done a total of sixteen months throughout his life. Basically what he was implying is that the system has failed, and because it has failed he wants you to make up for it and give Mr. Smith double time for only having done sixteen months in jail. I think that’s inappropriate.
He talked a great about disparity and I agree. He stated there was a difference in communities, I agree. But if we talk about the disparity in communities, we also have to talk about the disparity in the background of my client. Mr. Smith is a thirty-one year old black male who was raised on the dangerous streets of Milwaukee – Northside to be exact. His world is far different from the world we know. Mr. Smith lived in a world where it was do or die. Since the ripe age of ten he had to fend for himself. No father figure, no proper guidance, just trial and error. Excuse me, Your Honor, if you will – he comes from a different world. Does he accept responsibility for his actions? Absolutely. He told you that. Is he remorseful? Absolutely. He told you that also.”
“Look, Your Honor, seven kilos of cocaine is seven kilos of cocaine whether its here in Milwaukee or Chicago, LA or any place else. And should a person be sent to prison for possessing seven kilos of cocaine? Absolutely. Should a message be sent to him about his conduct? Absolutely. But should you sentence him to death by sending him to prison for twenty-five to thirty years? Absolutely not!”
Mr. Steinley reminded Judge Davis about the recent U.S. Sentencing Commission ruling that changed the sentencing guidelines regarding the disparity between crack and powder. He hoped that Judge Davis would exercise his authority and sentence his client below the guideline range. It was a long shot, but still worth the try. “Thank you, Your Honor,” Mr. Steinley said after he was done with his testimony.
Fast Eddie was satisfied with his Attorney’s rebuttal. He knew Michael Steinley was good at what he did. That’s why he retained him at a hefty fee. Money was no object when it was a matter of life and death.
“Mr. Smith,” Judge Davis started, “as I sat and listened to all of the testimony that was presented in this courtroom today, I thought more about what would be an appropriate sentence for Eddie Lee Smith. I learned of a man who held some promise and when I use that in past tense, it doesn’t mean that it’s over. There will be life after you serve the sentence you are going to be required to serve. Obviously that promise faded away when you succumbed to the lifestyle that dealing drugs would bring you.”
“Last night Channel 4 News ran a segment about a former UWM Professor of Science and his plight to overcome his drug addiction. A sad, sad story to say the least. Mr. Newberry hit the nail on the head when he pointed out how drugs devastate communities and individuals as well. There is absolutely nothing positive about the sale and use of illegal drugs. And whatever you thought you gained along the way really is nothing when you think about now many lives you’ve helped ruin and how many dreams you’ve helped shatter. Mr. Newberry was correct in saying that had someone reached you sooner, your kids, who I suspect love you dearly, wouldn’t be here witnessing their dad being taken away from them. The sad reality of all this is that the kids of every one of us in the courtroom today will probably meet someone like you in their lifetime. Someone who has the ability to turn that innocence, that
