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Three Strikes Activist, Former Third Striker Pam Martinez Granted Clemency
On Wednesday, April 28, the majority of the California Supreme Court approved Governor Arnold Schwarzenegger's request for clemency and recommended that former Third Striker Pam Martinez' prison sentence be commuted to time served and that she begin parole immediately.
After winning her release from prison over two-and-a-half years ago, Martinez was scheduled to return to prison last month because an appeals court ruled last year that the seven years' time she spent serving her sentence for stealing a $30 toolbox was not enough. But after the April 28 ruling, Martinez needed only the governor's signature on an official letter for her release. Governor Schwarzenegger signed the letter the following day.
Although Martinez did not believe the court would send her back to prison after two-and-a-half years, the news of the Supreme Court's 5-1 ruling in her favor still left her "exhilarated and out of breath."
"I felt like I was on Cloud 9," she said. She now focuses on the future: regaining employment, working on a biography, and continuing her advocacy efforts for Three Strikes reform.
The ACLU of Southern California worked with Families to Amend California's Three Strikes (FACTS) to shine a spotlight on Pam Martinez as an example of the cruelty and senselessness of California's criminal justice system.
Since her release from prison over two years ago, Martinez rebuilt her life. She got a job, paid taxes, and became an outspoken activist for Three Strikes reform. She continued to fight the state and Attorney General Bill Lockyer's attempt to return her to prison for 65 days, enlisting the support of Assemblywoman Jackie Goldberg, FACTS and countless others. The ACLU of Southern California also launched an action fax that generated over 700 letters to the Governor requesting clemency.
In response to community support, Governor Schwarzenegger intervened and asked the court in a March 25 letter to commute its order. "Ms. Martinez has been out of prison on her own recognizance while her case was on appeal for approximately two-and-a-half years. It is my feeling that Ms. Martinez should be given the opportunity to demonstrate that she has truly turned her life around and will continue to be a productive member of society. I would submit that her sentence be commuted to time served and that she be allowed to commence her period of parole forthwith."
"If not for the ACLU, FACTS, and community support, this would never have happened," Martinez said. She is encouraged by the fact that many people, who once may have been unfamiliar with the injustices of the Three Strikes Law, now know more and are speaking out. In fact, Martinez' case galvanized public attention, garnering profiles and stories in People magazine, on CNN, and in newspapers across the country. She thanks community members and the governor for responding. "It's been a long, hard fight, but hopefully my case has served to point out the injustice and problems with Three Strikes."
Martinez continues to advocate for Three Strikes reform, and has lately been busy campaigning for a Three Strikes reform measure that will be on the November ballot. Advocates submitted 700,000 signatures in April, assuring that the initiative will appear on the ballot, and an array of groups, including the ACLU and FACTS, are organizing community-based efforts to complement a campaign run by Citizens Against Violent Crime, the initiative's sponsor.
"There is a clear opportunity here for reform," said Ramona Ripston, ACLU of Southern California Executive Director. "We've worked for a long time against long odds to have such an opportunity, and we need to do everything we can to reform this unjust law."
MAY 2004
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Three Strikes Activist, Former Third Striker Pam Martinez Granted Clemency
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