Waiting for the Paper on Christmas Day

Every day that an innocent man spends in prison is a hard one, but today must be particularly hard for James S. Anderson.  It’s not that it’s a new experience, as this is his 5th Christmas in prison.  It’s that he has now been found to be an innocent man.  It’s a done deal.  He didn’t do it.  But he is still in his prison cell.  According to the AP :

A state appeals court erased the 31-year-old’s conviction for armed robbery this month, saying new evidence uncovered by a law school student corroborates what Anderson has always said: He was another state when a group of men hit a Tacoma grocery store in 2004.

Prosecutors joined Anderson’s lawyers in asking for his immediate release, but severe winter storms closed the court and helped delay the necessary paperwork.

There is no reality without a piece of paper being given by one cog in the wheel to another.  I would imagine that there’s a person at Walla Walla Prison who knows all about Anderson’s being innocent, conviction vacated, about to walk out the front door a free man, and is just waiting for the paperwork.  Just waiting.  Anderson is just waiting too.

Most of the time, the defendant who is about to walk out of prison a free man is far too happy about his sudden collision with justice to complain.  Having spent years in prison for a crime he didn’t commit, a few more days won’t kill him.  Well, hopefully it won’t kill him.  The guards are unusually generous to such a prisoner, knowing that his release is imminent.  It matters that he’s leaving because of innocence.  He’s no longer one of them, as he was the day before.

Few people think much about the mechanics of a man walking out of prison after his conviction has been vacated.  It’s an experience that all of us want, but few of us get.  Having suffered through it, I can tell you that it’s a mass of confusion.  After the sudden elation of the reversal of a conviction, everyone looks around with a quizzical stare.  Now what?  A piece of paper from the court seems to be an incredibly important piece of the puzzle, but in a bureaucracy like the criminal justice system, paper is god.  Each person along the way has his own piece of paper that must be perfect of nothing moves.

One would think technology would alleviate some of the waste, but raised seals and original signatures still matter.  No one, but no one, wants to be the person who does something wrong, so each insists that every “i” is dotted.  If only they were so concerned about perfection when putting people into prison.

That there is a storm in Washington that’s closed the courthouse, kept the judge or clerk from the shifting of papers from one hand to another, on the day before Christmas can’t be helped.  Storms happen.That paperwork is necessary before a man is released from prison, even an innocent man, can’t be helped.  Paperwork happens.  But that a piece of paper is all that stands between an innocent man and his waking up at home on Christmas morning still stings.

Merry Christmas, James S. Anderson.  And Merry Christmas to the prison guards who may show you some greater kindness today because you are an innocent man in prison, and everyone at Walla Walla knows it.  Please protect Anderson until the piece of paper arrives.


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