James Carver, a client of the CPCS Innocence Program and Boston College Innocence Program, testified in support of Acts relative to elder and medical parole.
On October 15, Radha Natarajan, Executive Director of the New England Innocence Project, testified at the MA State House in support of S. 1722 and H. 2693, Acts relative to elder and medical parole. She presented on a panel along with James Carver, a client of the CPCS Innocence Program and Boston College Innocence Program, and Albert Brown, both of whom were wrongfully convicted and together spent nearly 76 years in prison for crimes they did not commit. Among other things, the legislation would give people over 55 years of age the chance to seek parole after serving 15 years in prison and would improve the current medical parole process, which has failed sick and dying people. So many people in our community have been sentenced to die in prison, aging over decades with increased medical issues. With this legislation, they can have the chance to come home and receive the care they need and deserve.
Excerpts from the testimony
“I am 73 years old … Despite my innocence, I was sentenced to spend the rest of my natural life in prison without the possibility of parole. It took many years for me to be released and exonerated because the prosecution withheld evidence from me and my co-defendant. Had this law been available to me, I would have had the possibility of being released 15 years earlier than I was. This information is still hard for me to process. During that time, I battled medical concerns, including kidney stones — which killed me — which were treated with Percocets … They didn’t give me the medical treatment that I needed. I almost died from COVID and stayed in Milford Hospital for a month. Plus, so much more. Instead, I was not released until I was 71 years old. Being released sooner would have certainly prevented the additional harm that was caused to me. I have witnessed the dangerous conditions of prison and the poor medical treatments of myself and many others. I have witnessed good men die or be turned into addicts instead of properly treating their condition … We have the opportunity to make a difference right now to create pathways for our elderly and sick.”
— Albert Brown, 39 years wrongfully incarcerated
“During my incarceration, I developed many medical conditions. I have two cancers, prostate cancer and malignant melanoma. I had brain surgery in 2005 for a brain tumor. I then had walking problems and eventually became wheelchair bound. I am unable to walk on my own. The surgery also led me to be incontinent. I have Parkinson's-like tremors at times. I needed help in prison with feeding and dressing when I would have the shaking from the tremors … I am totally deaf in my right ear. I have profound deafness in my left ear. I wear hearing aids. In prison, I had been taking about 25 medications. In 2020, I filed a petition to be released on medical parole based on my permanent incapacitation and because I did not pose a public safety risk. My petition was denied, and my attorney appealed the denial all the way to the Supreme Court. During my incarceration, I could have applied for regular parole, but I did not because I always maintained my innocence. Since my release, I am taking less medications due to proper medical care. The dental care is much better, too. The medical providers pay more attention now that I am not incarcerated. I currently reside in a rest home, which has 24-hour care. I am now receiving proper medical care.
I would like to make known there a lot more people in prison who should be released on medical parole. These people deserve a chance to receive proper medical care because the care in prison barely meets minimum standards, in my opinion. I have watched many people die in prison. These people could have been released to the care of their family or a proper nursing facility. If people looking for medical parole have gone beyond their parole dates then they should be looked at closer than what is being looked at today because they are not a threat to others and they could be cared for by their family or a proper nursing facility. Thank you for your time and consideration.
— James Carver, 36 years wrongfully incarcerated
"According to the National Registry of Exonerations, an independent research entity that tracks official exonerations of wrongfully convicted people, 50% of all people exonerated in Massachusetts since 1989 were sentenced to die in prison. EVERY SINGLE ONE OF THEM spent more than 15 years in prison before they were exonerated. Collectively, they spent 1081 years in the Department of Correction for crimes they did not commit. And 62% of these exonerees were Black or people of color... There are so many people still incarcerated today who do not pose any public safety threat and still have little chance to come home without this legislation....I urge you to report these bills out favorably."
— Radha Natarajan, Executive Director, New England Innocence Project