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Should he be free?

Posted by on Apr. 17, 2014 at 4:50 PM
  • 26 Replies

Armed robber was never told to report to prison

Associated Press
.

Missouri man waits more than a decade to begin prison sentence

ST. LOUIS (AP) — After he was convicted of armed robbery in 2000, Cornealious Anderson was sentenced to 13 years behind bars and told to await instructions on when and where to report to prison. But those instructions never came.

So Anderson didn't report. He spent the next 13 years turning his life around — getting married, raising three kids, learning a trade. He made no effort to conceal his identity or whereabouts. Anderson paid taxes and traffic tickets, renewed his driver's license and registered his businesses.

Not until last year did the Missouri Department of Corrections discover the clerical error that kept him free. Now he's fighting for release, saying authorities missed their chance to incarcerate him.

In a single day last July, Anderson's life was turned upside-down.

"They sent a SWAT team to his house," Anderson's attorney, Patrick Megaro, said Wednesday. "He was getting his 3-year-old daughter breakfast, and these men with automatic weapons bang on his door."

Anderson, 37, was taken to Southeast Correctional Center in Charleston, Mo., to begin serving the sentence. A court appeal filed in February asks for him to be freed.

Anderson had just one arrest for marijuana possession on his record when he and a cousin robbed an assistant manager for a St. Charles Burger King restaurant on Aug. 15, 1999. The men, wearing masks, showed a gun (it turned out to be a BB gun) and demanded money that was about to be placed in a deposit box.

The worker gave up the bag of cash, and the masked men drove away. The worker turned in the car's license plate number.

Anderson was convicted and sentenced to 13 years in prison and waited for word on what to do next.

"His attorney said, 'Listen, they're going to get you some day, so just wait for the order,'" Megaro said. "As time goes by, the order never comes. What does a normal person believe? Maybe they forgot about it. It's only human nature to hope they just let it go. He really didn't know what to do.

"A year goes by, two years, five years, 10 years. He's thinking, 'I guess they don't care about me anymore,'" Megaro said.

So Anderson went about his life. Megaro said he was not a fugitive, was never on the run. In fact, just the opposite.

Megaro described Anderson as a model citizen — a married father who became a carpenter and started three businesses. He paid income and property taxes and kept a driver's license showing his true name and address. When he was pulled over for a couple of traffic violations, nothing showed up indicating he should be in prison.

That's why Anderson was shocked when the marshals arrived.

He now lives among the general population at Charleston. Megaro said Anderson is holding his own— barely.

"He's doing his best to keep his spirits up," Megaro said. "Each day that goes by, more hope is lost. It's a daily struggle for him."

Peter Joy, director of the Criminal Justice Clinic at the Washington University School of Law in St. Louis, said it isn't unusual in a country with such a high prison population for sentences to fall through the cracks. What is unusual, Joy said, is for it to go unnoticed for so long.

"The real tragedy here is that one aspect of prison is the idea of rehabilitation," Joy said. "Here we have somebody who has led a perfect life for 13 years. He did everything right. So he doesn't need rehabilitation."

What happens next isn't clear. Missouri Attorney General Chris Koster on Tuesday filed a court response that said the state is justified in making Anderson serve the sentence.

However, Koster wrote that Megaro could refile the case as an action against the director of the Department of Corrections, which could give Anderson credit for the time he was technically at large.

Megaro doubted that strategy would work. He said the law does not allow credit for time served when the convicted person was not behind bars.

"I don't think that's an option, unfortunately," Megaro said.

Instead, he's relying on case law. The last time anything like this happened in Missouri was 1912. In that case, the convicted man was set free, Megaro said.

Gov. Jay Nixon could also commute the sentence. A spokesman for Nixon declined to comment.

by on Apr. 17, 2014 at 4:50 PM
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Replies (1-10):
bluebunnybabe
by Member on Apr. 17, 2014 at 4:51 PM
I read about this earlier & I'm honestly torn. He didn't serve his sentence but he is rehabilitated.
cjsmom1
by Silver Member on Apr. 17, 2014 at 4:53 PM
1 mom liked this

I think the should let him out? He used the time to get his life together and become a productive member of society. Isn't that what we want t happen after someone goes to jail? He obviously used his time wisely and has stayed out of trouble. The state screwed up. This man kept his name, paid tickets, paid taxes, etc so it's not like he was on the run and they couldn't find him.

amonkeymom
by Amy on Apr. 17, 2014 at 8:59 PM
2 moms liked this

My honest opinion is that he should be freed.  It would be one thing if he'd gone on to continue to commit crimes, but he didn't, he changed his ways and was a law abiding citizen from that point on.  

I think the error is on the government and he should be forgiven.

143myboys9496
by Suzzanne on Apr. 17, 2014 at 11:13 PM
1 mom liked this

I agree with this. 

Also, the law put a statue of limitations on reporting a crime, there should be a similar statue for calling someone to prison.

Quoting bluebunnybabe: I read about this earlier & I'm honestly torn. He didn't serve his sentence but he is rehabilitated.


GirlWithANikon
by Member on Apr. 17, 2014 at 11:19 PM
1 mom liked this

He is rehabilitated. Why the hell do we want to waste time, money, and space on someone who does not need to be A kept away for public safety and B rehabilitated? In what universe does this make sense? Ohhhh, that of the American Justice system, forgot about the shit that makes sense there.

bluebunnybabe
by Member on Apr. 17, 2014 at 11:29 PM
1 mom liked this
Exactly. It just seems at this point that it will do more harm than good to have him sitting in jail.

Quoting 143myboys9496:

I agree with this. 

Also, the law put a statue of limitations on reporting a crime, there should be a similar statue for calling someone to prison.

Quoting bluebunnybabe: I read about this earlier & I'm honestly torn. He didn't serve his sentence but he is rehabilitated.

Kmakksmom
by Stefanie on Apr. 18, 2014 at 2:27 AM
1 mom liked this

He should be let out.

Noni2319
by Chrissy on Apr. 18, 2014 at 9:57 AM
1 mom liked this
I'm torn. He didn't serve his sentence, but he didn't try to hide at all. And it sounds as though he's rehabilitated. It seems it'll do more harm at this point to keep him locked up.
mewebb82
by Member on Apr. 18, 2014 at 10:02 AM
1 mom liked this

Seeing as how the whole point of prison is to rehabilitate, yes he should be. It's absurd that they made a mistake that caused him to not start serving until he was supposed to be released. Now, they are destroying a family that is thriving.

Thelmama
by Thelma on Apr. 18, 2014 at 10:25 AM
1 mom liked this

I have mixed feelings as well. He didn't serve his time, but he obviously learned his lesson from being arrested, tried and awaiting his sentence. He turned his life around.  He didn't attempt to hide or evade justice. He did what he was told by his lawyer.  He shouldn't have to serve time when he didn't make the error or attempt to hide from justice. He committed no more crimes. He learned and grew out of his wrongs and changed his ways. Isn't that what the justice system is supposed to do, in a manner of speaking? I agree with others. Why waste money on a man that is rehabilitated and changed his life for the better. He has proven himself over and over by turning his life around.

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