No crime story fulfills our need for justice
without a corresponding punishment. That's how wrongs are righted in our moral
imaginations. But if the crime and punishment aren't balanced, we're left waiting
for an equilibrium that never comes. This is one of those stories.
On October 9, 1979, Thomas Beitler was working the late shift when he used his break to buy cigarettes and a soda. Pittsburgh's Fort Wayne Cigar
Store was open 24 hours a day, and the third-generation postal worker arrived
there a little after 3:30 AM—almost exactly the same time as 14-year-old Ricky
Olds and his friend Todd Allen. Minutes later, Beitler was dead from a gunshot
wound. Barely a month after that, Olds and Allen were taken into custody, and
neither has left prison since. Thirty-six years have passed, and Olds continues to pay the price for
being a barely adolescent kid out too late for his own good.
The two teens had met up by chance that
Columbus Day evening. "I was supposed to be staying over at my grandmother's,"
Olds recalls. "As soon as I walked out my mom's door, he was just
there."
The way Olds now describes his relationship
with Allen, it sounds like typical adolescent idolatry. "He could play
basketball, he was good with the girls... He could dance real good, he knew how
to do a lot of things I couldn't do," he says. But in many ways Allen had traveled a
much tougher road. He had been shuttled back and forth between
Pittsburgh and Detroit—his father was long gone, his abusive stepfather was
back in Michigan, and his mother had died two years earlier. At 16, he was all
alone.
"I know he had a hard time," Olds recalls. "I
used to sneak him in, let him sleep on the floor or in the bed... I would, like,
feed him."
The duo crossed the Allegheny River on the
Sixth Street Bridge, took a bus to a neighborhood called Homewood, and ran into some older kids.
One of them was Allen's brother Larry, whose 18-year-old pal Claude Bonner had
a car. The four of them made their way to the Music Bar on Liberty Avenue, but Ricky
was carded at the door.
Later, when asked at trial what he did while
his buddies were in the bar, he testified, "I stood outside."
A few hours after that, Allen and Olds found
themselves in front of Doggone Sam's, a hotdog joint on Penn Avenue, where they
again bumped into Bonner. He was heading back to the city's North Side,
and they hopped in his car for a ride. As they approached their neighborhood, Olds
announced he was hungry, and the Cigar Store was the only place open at that time
of night.
As the boys got out of the car, Allen said, "I should just rob the joint."
"Yeah, right," Olds replied.
What did he mean by that, his attorney would
later ask at trial? "I was being sarcastic... I didn't really believe him," he
said on the witness stand, explaining that he thought his friend was joking,
because Allen
always talked like
that. Olds went to the back of the store and got a bag of potato chips; Allen
stayed in the front. When Olds returned to the counter, he smiled at the
clerk's joke about not spilling anything on the freshly swept floor, and paid
for the bag of chips. He then watched Todd Allen follow Beitler, the postal
worker, out of the store. "I'll see you later," Allen told Olds.
A few seconds later, Olds did see him—pointing
what looked like a gun at the mailman. At Olds's murder trial, this was the key
moment emphasized by his defense attorney:
Q:
And what did you do or what was your reaction when you saw that?
A:
I turned and started to run.
Q:
Why did you turn and start to run?
A:
Because if it was a gun I didn't even want to be a part of the robbery.
An eyewitness to the shooting, walking up to
the Fort Wayne just as shots were fired, recalled seeing only a "colored male
and a white male." Ricky Olds was already gone.
Bonner heard the shots too, started the car,
and practically ran over Olds, who was flagging him down. Allen wasn't far
behind him, and jumped in as well. Bonner related the conversation that
followed at trial:
Q:
When they got back in the car who said what first?
A:
Todd said you made me shoot him, and Ricky said naw, naw. said when I pulled the gun out
you was supposed to grab the wallet....Then Todd said
again you was supposed to grab the wallet when I
pulled out the
gun.
Q:
Then what did Ricky say?
A:
He didn't say nothin'. He just kept sayin' naw.
Bonner drove home the long way—"to avoid the police,"
he later testified—and dropped both boys off less than a block from Olds's
house. All they had with them was Ricky's bag of chips; Allen had run off
without taking his victim's wallet.
When the two teens were arrested for Beitler's murder a month later, the newspapers referred to them as "North Side
youths" accused of killing a man from Millvale. This was code—any Pittsburgh
reader immediately understood that the kids were black and the victim white. At
trial, when the prosecutor asked about the height and weight of the victim, the
coroner testified he was a "well-developed, well-nourished white male."
Olds and his mother remember an all-white jury hearing the evidence and taking more than five hours to reach a decision. During deliberations,
the foreperson asked whether a third-degree verdict was an option if they
found Olds guilty of robbery and conspiracy; she was told that the jury could
return any verdict it saw fit. But jurors ultimately did not distinguish
between Allen and Olds—each teenager was convicted of second-degree murder.
"There is nothing I can do except to write a letter to the pardon board."
–Judge Samuel Strauss
The case of Ricky Olds is one of thousands
getting fresh attention after recent rulings by the United States Supreme Court
overhauled America's philosophy of juvenile sentencing. Studies of developing brains have confirmed what every parent already knew: Children are prone to behaving
recklessly and with very little thought to the consequences of their actions. Such
studies, authored by leading medical and psychological experts and appearing in
hundreds of legal opinions, have supported a new, less draconian approach to the
incarceration of children.
In 2005, the US Supreme Court banned the death
penalty for minors; in 2010 it ruled against mandatory life sentences for
juveniles who committed non-homicide offenses; in 2012 it ruled against mandatory
life sentences for juveniles under all circumstances; and this past January it ruled that inmates already serving mandatory sentences should receive new sentencing hearings.
What this means, practically speaking, is that
many young people who had previously been condemned to die in prison will now get
a second look, and many will have a chance for freedom. The opportunity has
prompted a retrospective examination of crimes that occurred decades ago, and
of how these lost boys and girls have emerged from their years of
incarceration. Ricky Olds is one of them.
He could not have imagined this chance when he
was sentenced in 1981. Back then, life without the possibility of parole was mandatory
for all felony murder convictions in Pennsylvania. That put Samuel Strauss, the
judge who presided over the trial, in something of a bind. He had already
imposed such a sentence on Todd Allen, but said he was "uneasy" about giving the
same punishment to Olds, a defendant he classified as a "lesser participant" in
the crime. Strauss knew he had no choice—the jury had already rendered its
verdict. Nonetheless, he asked the district attorney's office to plea bargain
for a milder sentence, even though the trial was over and the time for such bargaining had long passed.
District Attorney Robert Colville wasted no
time going after the judge. "It's not only unorthodox. It's absurd," he told
the
Pittsburgh Press at the time. "The jury knew
that mandatory life would be imposed if it opted for second-degree murder and I
cannot withdraw a jury conviction... Besides, the standard of life imprisonment in
this state is not prison for the rest of your natural life. With good behavior,
he could be out in 17 years and maybe far less."
Colville, the elected prosecutor of Allegheny
County from 1976 to 1997, should have known better: All life sentences in Pennsylvania
since the mid 1970s had been imposed without the possibility of parole. In
addition, the judge's instructions to the jury made no mention of the
consequences of a second-degree murder verdict.
At the sentencing hearing, the trial
prosecutor addressed the judge's concerns: "I know the problems your honor has
had with the case and the disparity between the involvement of the perpetrator
and the involvement of the accomplice." The prosecutor went on to suggest that
the legislature pass a new homicide statute giving the judge more merciful
sentencing options, but Strauss was in no mood to be mollified. "That is
talking though our hats," the judge replied.
Pointing out that the court had "no leeway as
to the disposition that we are compelled to make," Strauss sentenced Olds to
"undergo imprisonment for a period of your natural life." He had "hoped that
something could have been worked out for this young man," he said, adding:
"I
do want the record to note, I know this was a terrible offense, there is no
question about it, it was a brutal killing, but this young man was the youngest
of three people. It has bothered me... But in any event, there is nothing I can do
except to write a letter to the pardon board, which I will do in this matter,
suggesting that at the appropriate time he be considered by reason of his age."
Strauss went on to encourage "some of the
courageous people in the county" to support this pardon effort.
The Pennsylvania Board of Pardons has no
record of such a letter, and since Strauss died in 1995, there is no way to
know if he ever wrote it. Letter or not, though, the judge's concern was
palpable—in a sentencing transcript that ran a mere seven pages, he made eight
references to the fact that Ricky Olds was young. But not once did he actually say
how old the child was when he'd been arrested. It's almost if he were embarrassed to sentence a 14-year-old to an entire life inside prison walls.
"It didn't matter that I didn't kill the mailman. It would've almost been better if I had."
–Ricky Olds
Daisy Olds, Ricky's mother, has clear memories of her son as a
bright child. "I remember one time I took him for a check-up at the hospital, and
he was reading technical words on the signs," she says. "The doctor was surprised he could
do it because he was so young." School records back her up: Ricky's IQ
placed him in the top 10 percent nationally, and his teachers characterized him
as an excellent student who learned rapidly.
"But he was a little bit of a troublemaker," Daisy allows. "He
didn't live up to his full potential. He got good marks without even trying.
How can I say this? Black kids back then, they got made fun of being real
smart. And Ricky kind of covered up his smartness for a minute."
His grades began deteriorating in seventh grade, and by the next
year, Olds was close to flunking out. Socially promoted to ninth grade, his
troublemaker side landed him in juvenile court—he got in a street fight
that escalated to knives and clubs, he broke a window with a brick, he stole
nine dollars from a pretzel shop in the Allegheny Center Mall. Olds's involvement
in the juvenile justice system produced an unexpected benefit, though: The
juvenile court placed him in an honors program at the local high school, and by
all reports he was responding well to the challenge of a difficult curriculum.
Then he got arrested for the last time.
Olds's smarts only took him so far in prison. "When I first got to
Western , there was no juvenile wing—I was put in with the adults," he recalls.
"The guards were giving me a hard time—'That's the kid that killed the mailman,
fuck him.' It didn't matter that I didn't kill the mailman. It would've almost
been better if I had. The convicts, they thought the fact I was in prison for
what I did was a joke. I didn't fit in to either world."
His behavior in prison reflected this state of limbo. In 1982,
when he was 17, he picked up seven violations, mainly for refusing to follow an
order, and an additional offense for fighting. His next year was only
marginally better, but there were fewer and fewer infractions as time wore on.
There was another pattern as well—Olds rarely contested the violations. Instead,
he often later pleaded guilty to them, as if he thought the transgressions over
and regretted them.
"Lots of times I lost my cool," he says now.
Ricky Olds wasn't yet 20, and couldn't figure out how to fill his
interminable days. A prison evaluation report from 1984 is illustrative:
"This
individual is relative (sic) calm & somewhat complacent for an inmate with
so much time. Highly intelligent, his biggest problem is finding anything to
motivate him. Slow to the point of seeming laconic at times. May need to go to
an institution where he can further his education."
Most people with Olds's intelligence are in college by that age, or
else are out in the world working, learning who they are. He had none of those luxuries. The vast desert of a life entirely contained in
institutions stretched before him. He needed to find an oasis, or he wasn't
going to make it.
"Life in prison without the possibility of parole gives no chance for fulfillment outside prison walls, no chance for reconciliation with society, no hope."
–Justice Anthony Kennedy
Ricky Olds was hardly the first young teenager
to face draconian punishment. In 1944, a black 14-year-old named George Stinney was accused of killing two
white girls in the highly segregated town of Alcolu, South Carolina. He was convicted by an all-white jury in a trial that lasted less than three hours,
then sentenced to death after ten minutes of deliberations. At five-foot-one
and 90 pounds, he was too small for the electric chair. A Bible was used as
a booster seat to help kill the boy.
The injustices of Stinney's case were
addressed 70 years later, when South Carolina Circuit Judge Carmen Mullen
revisited the prosecution and meticulously addressed the various rights Stinney
had been denied: No request for a change of venue, no request for a continuance,
no investigation, no questioning of the improper jury composition, no cross-examination.
Most troubling of all, perhaps, was that Stinney's
life had been taken away from him at a startlingly young age. As Mullen wrote:
"Regardless,
the Eighth Amendment prohibition against cruel and unusual punishment and the
Fourteenth Amendment's protection of fundamental notions of due process were
the same in 1944 as today. Sentencing a 14-year-old to the death penalty
constitutes cruel and unusual punishment."
Mullen vacated
Stinney's conviction, finding that he had been deprived of virtually every
fundamental right that due process demands.
By the time of
Mullen's ruling, the US Supreme Court had barred the executions of 15-year-olds
(in a 1988 case) and all minors in the landmark 2005 decision of
Roper v. Simmons. That opinion, written by Justice Anthony Kennedy,
directly addressed the fear expressed by some of other justices that
children no longer fearing execution might suddenly begin committing murder at
a higher rate. "o the extent the juvenile death penalty
might have residual deterrent effect, it is worth noting that the punishment of life
imprisonment without the possibility of parole is itself a severe sanction, in
particular for
a young person."
The juvenile justice revolution had begun.
But
barring the death penalty for juveniles begged
another question: If the death penalty for minors was unconstitutional, was life
without parole much better? This was presciently forecast in an exchange
between the state solicitor for Missouri and Justice Antonin Scalia during the
oral argument in
Roper:
Solicitor: Well, I... I must assume that if
we... if the Court says are immune from the... from capital
punishment that someone will come and say they also must be immune from, for
example, life without parole.
Justice
Scalia:
I'm sure that... I'm
sure that would follow.
Five years later,
the issue of juvenile sentencing was back in the Supreme Court.
Check out our documentary about the morally flexible existence of Howard Greenberg, a high-powered criminal defense lawyer in New York.
Lawyers who handle
the most serious criminal cases in the United States tend to be familiar with
the saying "death is different." It emanates from a concurring opinion in the
1972
Furman v. Georgia case that
temporarily put a stop to capital punishment, and has appeared in hundreds of
subsequent cases as a rationale for applying a different set of rules in death
penalty cases from all others.
There is no similar
distinction between life without parole and a sentence of 40 years or even a
life sentence with parole. Or at least there wasn't until the Supreme Court's
next opinion on juvenile sentencing, the 2010 case of
Graham v. Florida, which noted that "life in prison without the
possibility of parole gives no chance for fulfillment outside prison walls, no
chance for reconciliation with society, no hope."
The Graham opinion declared that the state
had to provide a juvenile with "some meaningful opportunity for release based on
demonstrated maturity and rehabilitation." But there was one caveat: The decision
specifically applied only to juveniles who had not committed homicide.
Nonetheless,
Ricky Olds sought an appeal based on
Graham—after
all, he hadn't actually killed anyone, and the ruling
applied to all non-homicides. But the Pennsylvania Superior Court,
pointing out that Olds had in fact been convicted of second-degree murder, made
short shrift of that argument. In a coldly ironic turn, the judge who authored
the opinion, Robert Colville, was the same Robert Colville who, as district attorney,
had so glibly told the press three decades earlier that Olds could be out in 17
years "and maybe far less."
But at the time there
were only about 120 children in the entire country serving a life sentence without
parole for a non-homicide, with 2,300 serving the same sentence for
murder. The Supreme Court changed the status of the larger group in 2012 with
Miller v. Alabama, which introduced a
new phrase into the lexicon that paralleled the mantra about capital
punishment: "Children are different."
The
Court, synthesizing themes from
Roper and Graham, drew the conclusion that since
children were less culpable than adults, a judge had to consider a juvenile's
age before imposing a sentence, especially if it was the harshest sentence a
child could receive.
This
did not mean that a sentence of life without parole was off the table—rather, that
such a sentence would "be uncommon."
For
Ricky Olds, the
Miller opinion was
literally the chance of a lifetime. Indeed, the language of the ruling seemed
to have been written with his own case in mind, echoing Judge Strauss's concerns
in his original ruling. "Such mandatory penalties , by
their nature, preclude a sentencer from taking account of an offender's age and
the wealth of characteristics and circumstances attendant to it," the Court ruled. "Under these schemes, every juvenile will receive the same
sentence as every other—the 17-year-old and the 14-year-old, the shooter and
the accomplice."
There was one other aspect of the Miller opinion that had particular significance for Olds: the
Court's decision to reiterate language from the previous
Roper and Graham
decisions about the "great
difficulty... distinguishing at this early age between 'the juvenile offender
whose crime reflects unfortunate yet transient immaturity, and the rare juvenile
offender whose crime reflects irreparable corruption.'" In other words, it was pretty
much impossible to determine with any accuracy what sort of man a 14-year-old
boy might become. Was it any easier to evaluate the nature of a 51-year-old man
after three and a half decades in prison?
"Like, who could be in jail that long? It's just hard for people to see that."
–Ricky Olds
In 1989, Camp Hill, the aging and overcrowded Pennsylvania prison where Olds
had been housed for eight years, essentially burned to the ground during three
days of inmate riots. "In the Camp Hill fire everything I owned burned up: my
high school diploma, all my photographs," Olds says. "My grandmother had just
visited me and we took pictures, they all burned up."
Olds had not been involved in the riots, but all of the inmates
had to be relocated, and he found himself at the legendary federal prison
Leavenworth, in Kansas, for the next 18 months. By then he was in his mid-20s,
and the world started to open up a bit. "I feel like I grew up when I got to
Leavenworth—there were people there who read books and could talk about things
beyond the prison," he recalls.
When he returned to Pennsylvania from Leavenworth, he was a grown
man, and felt as if he had turned a corner. "On the one hand there's maturity,"
Olds says now. "On the other hand... certain things that would have frustrated me
then, you know, you expect it." He began taking courses from the University of
Pittsburgh in elementary German, Spanish, Italian, biology and math, even
studying literature in a program called the Dramatic Imagination. More recently,
he has learned Powerpoint and Word and Excel. One of his many certificates
indicates a perfect attendance record for eight years in Navy Seals Aerobics
class. He is as busy as life in prison allows him to be.
The disciplinary write-ups have stopped. Olds's last was in 2009,
for talking too loud after his team had won a softball championship. Eight
years before that, he had been in a dispute with a guard about what he should
have done after his belt set off a metal detector. "It was a misunderstanding
followed by some poor judgment on my part," he wrote to the prison officials in
explanation. In both incidents, he pleaded guilty.
Olds is now closing in on his fourth decade behind bars.
"To these people I'm an old man," he says. "I
don't feel that way, but to these people I'm like ancient. And I probably would
have felt the same way, like, who could be in jail that long? It's just hard
for people to see that."
"I didn't realize how much I'd been holding in. Now there's hope that I can get out—this is the hardest time, just dealing with that hope."
–Ricky Olds
Even after
the
Miller ruling, courts across the
country struggled to decide whether inmates already sentenced to life as
juveniles should be given an opportunity to be paroled. Finally, this January,
in
Montgomery v. Louisiana, Justice
Kennedy settled the question once and for all, ruling that all former juvenile
offenders must be given the opportunity to show their crime did not reflect "irreparable
corruption." If it did not, he wrote, "their hope for some years of life
outside prison walls must be restored." Marsha Levick, the co-founder of the
Juvenile Law Center and one of the lawyers in the
Montgomery case, summed up the evolution of juvenile justice by
noting simply that the courts had "recognized the inhumanity of condemning
children to die in prison."
Miller and Montgomery make it clear that sentencing children to life without
parole should, at the very least, be extremely rare. But determining who falls
into that tiny dark category of irreparably corrupted children is no easy
trick, and a number of states—including
conservative ones like Texas, Wyoming, and Nevada—have abolished the sentence
of life without parole for juveniles for all future crimes. Others, while not
doing away with the punishment entirely, have taken steps to limit it to only
the worst crimes; Pennsylvania has eliminated it for all but intentional,
premeditated murders.
But hundreds of children, now grown, still await their fate as states prepare to re-sentence
them.
"In
some ways it was easier before
Miller
came along," Olds says now. "You had a certain bit in the jail, and you just
went about your day-to-day. You didn't think about the future. You couldn't.
Then
Miller happens, and your
patience goes out the window. Now everyone is thinking they're getting out.
You're thinking about the streets. We never thought it was going to drag out
like this. Everything gets on my nerves these days—I didn't realize how much
I'd been holding in. Now there's hope that I can get out—this is the hardest
time, just dealing with that hope."
His
mother Daisy can't help thinking about his possible release. The
Montgomery ruling has triggered new
sentencing hearings for 500 inmates in Pennsylvania, and Olds may find
himself in front of a judge before the year is out—a judge with the power to free
him.
"I've
been praying for that, I've been praying for that all these years," his mother
says. "For everything there is a season. I think it's Ricky's season right
now."
Marc Bookman is director of the Atlantic Center for Capital Representation in Philadelphia.
Illustration by Antonio Zeoli