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April 4, 2011

Seniors looking at functional life prison terms for selling prescriptions

Because I always find the intersection of age and aging issue and sentencing considerations to be interesting and dynamic, this lengthy local article from Oklahoma caught my eye.  The piece is headlined "Seniors might die in prison: Two elderly Oklahomans are facing the possibility of spending the remainder of their lives in prison. They’re accused crimes? Selling their prescriptions."  Here is how the piece gets started:

Old age doesn’t preclude a person from committing a crime, and in the cases of two elderly Oklahomans, it also doesn’t rule them out from possibly spending the remainder of their lives in prison on drug complaints.

Opal Verndean Wesley, 73, of Bristow, was charged Friday in Creek County on complaints of possessing controlled prescription drugs with intent to distribute and for having a firearm after prior felony convictions.  If convicted, she faces six years to life in prison. She was booked into the Creek County jail Friday.

Nearly 200 miles south in Love County, Louis Harold Norton, 70, of Marietta, accepted a plea deal on March 24 for 30 years in prison with 15 suspended.  The plea stemmed from two 2009 felony charges of distributing painkillers.  He is currently in the Department of Corrections custody.

They don’t know each other, but officials say it’s eye-opening and troubling that senior citizens are selling their legally obtained prescriptions.  Though these are rare cases, these two could spend their twilight years behind bars.

Oklahoma Department of Corrections records show about 9 percent of the nearly 26,000 incarcerated are older than 51 years old.  Nearly 30 percent of the prison population is serving time for drug crimes. 

“We can’t just say this guy is old so we’re not going to prosecute,” said Love County Assistant District Attorney Paule’ Wise.  The prosecutor in Wesley’s case, Creek County Assistant District Attorney Mike Loeffler, echoed the same sentiment: “It’s hard to be blind to age, but selling these drugs is for no other purpose than economic gain.”

Oklahoma Bureau of Narcotics and Dangerous Drugs Control spokesman Mark Woodward said the argument is sometimes made that selling prescriptions becomes the only way for the elderly to supplement Social Security benefits and make money.  “More people die from these drugs than street drugs,” he said.  “Age has nothing to do with greed and that’s what this is.”

I believe very strongly that being old or even infirm should not preclude prosecution for crimes, and I do not know anyone who seriously contends that old age should be a complete defense to criminal conduct.  But this reality just heightens the pressure and challenge of sentencing older offenders who, when convicted of non-violent crimes, seem quite unlikely to pose a significant threat to the public and who also may suffer more (and cost more) when incarcerated during their twilight years.

April 4, 2011 at 10:42 AM | Permalink

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Thank you for sharing,it is very helpful and I really like it!

Posted by: Big pony | Apr 11, 2011 6:02:48 AM

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