By SILJA J.A. TALVI
Contributing Writer/Advisory Board Member

I first met Stevan Dozier in 2003, within the bleak confines of the Monroe Correctional Complex visiting room. Prison visits are not uncommon to my line of work, and every prison experience or correspondence leaves its own mark. But this was a meeting that shook me to my core. Every one of the three men I was speaking with had been handed a life sentence — without the possibility of parole — despite the fact that not a one of them had committed anything akin to a heinous crime.

When I left the prison grounds, I tried to imagine what it would be like for each of these men to return to their respective cells, night after night, knowing that the laws on the books would not even allow them the possibility of eventual release — no matter how non-violent their “third strike.” It wouldn’t matter a bit how exemplary their behavior in prison became or how far their own personal growth would take them; it wouldn’t even matter how old or sick they got.

The situation left me with the sickening feeling that the very unconstitutional practice of “cruel and unusual punishment” was actually what was being exacted on these souls. There was nothing akin to a socially or fiscally sensible reason to keep so many of these offenders locked up for the rest of their lives. What was the point of it all, but to fulfill some form of convenient political sloganeering about being “tough on crime”?

I don’t question the fact that dangerous predators do, indeed, exist among us. If and when they are caught — as was the case with the Green River Killer — I have no qualms with the fact that they should be locked away for the rest of their lives.

But when it comes to Stevan Dozier (and the many other men and women like him), I have serious questions as both a reporter and a tax-paying citizen about what kind of justice is being served.

Forty percent of “Three Strikers,” including Dozier, are there because of a robbery conviction, although not all of those robberies have been non-violent. Worth noting is the fact that more than 35 percent of Washington state’s Three-Strikers are African American, although their statewide population amounts to only just a hair over 3 percent.

With his criminal history of unarmed robberies, Dozier was the sixth person to “strike out” in Washington, just one year after a majority of Washington voters approved Initiative 593, the Persistent Offenders Act.

Under this law, all sentencing discretion was removed from judges if a person was convicted of a “Third Strike” on a long list of offenses. If that qualification was met, the Three Strikers were automatically sentenced to life without parole (LWOP). (Before Three Strikes, LWOPs were handed out only to criminals who had committed aggravated murders, including torture killings.) Over the years, legislators have tried a number of routes to amend the law, including proposals to remove second-degree robbery and/or assault from the list of strikable offenses. (The bipartisan Washington Sentencing Guidelines Commission recommended in 2001 that second-degree robbery should be removed from the Three Strikes list.)

Yet, in 2006, the law remains unaltered. I wrote Dozier recently to get a sense of how things were going for him.

Real Change: Stevan, how long have you been in prison so far, and for what offense?

Steven Dozier: I have been in prison for 11 years and nine months. The offense that I committed was second-degree robbery.

RC: If Washington’s “Three Strikes” legislation were not in place, how long would you have served in state prison for your crime?

Dozier: If the Three Strikes law were not in place, the sentence I would have received is between 63 and 84 months.

RC: Do you feel that you would have deserved that sentence?

Dozier: I feel that I deserved to be sentenced within that guideline range, because [it] was proportionate to the non-armed, non-injury offense I committed.

RC: How old are you, and where were you raised?

Dozier: I am now 44 years old. I was brought up living on various army posts during my early years.

RC: What kinds of opportunities do you wish you would have had when you were younger that you didn’t have, and what kinds of decisions do you wish you had made differently?

Dozier: When I was 11 years old, my family moved to South Seattle. The type of opportunities that I wish I would have had early in life range from a relationship with my father to career training to substance abuse counseling, when I first started smoking weed and drinking. I wish I never would have started running the streets. I wish I would have been a better father to my son, and a better husband to my wife, Lillian.

RC: If you were to be released next month, what would you see yourself doing in the days, weeks, and months to follow? Would you have a place to go “home” to?

Dozier: If I were released in the future, I would see myself working as a welder or laborer and spending plenty of time with my loved ones. I see myself appreciating my freedom and being a productive member of society. I have very strong family support, so [my] living arrangements [would be] the least of my worries.

RC: Several pieces of state legislation have been introduced, over the years, that would have reduced the scope of offenses eligible for a third strike. Nothing has come of the effort, as of yet. What has been the experience like of waiting to see what would happen with this legislation?

Dozier: Over the years, [each time that] Three Strikes legislation is introduced, I find myself on an emotional rollercoaster — right along with my loved ones.

[Our political] leadership seems to be unconcerned over the fiscally irresponsible approach of one-size-fits-all sentencing, and they fail to grasp the fact that “Tough on Crime” and “Smart on Punishment” can go hand in hand.

RC: Tell us about the kinds of efforts you’re involved in within prison.

Dozier: My efforts in prison over the years have consisted of [educating] younger inmates about Three Strikes. I feel if me sharing my story can save one [of them] from striking out, [then my story] is worth telling.

I have been writing lawmakers for years, asking them to re-examine the offenses on the Three Strikes list. I have reached out to those in the Black community who I saw as community leaders regarding this issue. [King County Councilmember] Larry Gossett has been a shining star and has been quite vocal in his opposition to unarmed low-level offenders receiving sentences equal to what the Green River Killer received.

For quite a while, I was basically on my own in my efforts to reach out. So many Three-Strikers have given up or committed acts far more serious than the low-level ones being considered by lawmakers [as offenses not worthy of life sentences].

I have involved myself in the Black Prisoners Caucus and in the Concerned Lifers Organization. I work within the groups, and I encourage the members to pursue these various issues via letters to lawmakers and to the community.

RC: How have the staff employed by the state Department of Corrections (DOC) reacted to your situation and to the law that has put you behind bars for life?

Dozier: Many staff [members] within DOC have told me how unjust they feel my sentence is. Earlier this year, I had a chance to speak briefly with the Secretary of Corrections, Harold Clarke, while he toured [Monroe]. I asked him one question, “How do you feel about persons with non-armed, non-injury offenses being sentenced to life without parole?” Mr. Clarke responded that he was “uncomfortable with that practice,” and that he believes those being put away forever from society should be truly dangerous individuals — and not just people we are mad at.

RC: How do you combat feelings of hopelessness or depression?

Dozier: I do hit times of depression, but I have learned to regroup quickly because my loved ones feed off of my optimism, and I’d hate to bring them down again.

RC: Are there people in prison who really should be incarcerated for life and not be given a second chance?

Dozier: Yes, I believe that there are some in prison who should be incarcerated forever. I believe all criminal behavior should be punished in a manner which is proportionate to the offense committed.

RC: If they feel compelled to act, how would you suggest that people in the “free world” might be able to help to change this law?

Dozier: During my darkest days, I find comfort in knowing that some people do care enough to fight to correct an overreaching law. Please call and e-mail your State Senator, Representatives, members of the Senate Judiciary Committee, and the House Criminal Justice and Corrections Committee. These officials need to hear from the public that they are displeased with the practice of treating low-level offenders in the same fashion as serial killers and terrorists.