A Second Chance
Published June 09, 2009 @ 05:45AM PT

The way out of the state of incarceration we've built isn't to open the doors and let everyone out. It's not to stop convicting people of crimes. The only way it will happen is through gradual reform and a focus on providing pathways out of the system for people who get tangled up in the system and make the personal commitment to get out. Our overcomplicated system is nearly impossible to navigate unscathed, and there aren't many pathways leading out.
A bill before Congress aims to change that. Intended to work hand-in-hand with parole reforms and improvements to good time, the Second Chance for Ex-Offenders Act (HR 1529) would offer a path to expungement for someone who has served his or her sentence for a first-time, non-violent federal offense and has met other requirements, like earning a high school diploma or G.E.D. and fulfilling any court-imposed substance abuse treatment requirements.
By opening doors to employment, housing and reintegration for non-violent individuals who have served their sentences, this bill can be an important puzzle piece in the sweeping criminal justice reform our country needs, and it deserves your support.
Change.org community member Thomas Kinney started a petition urging our elected representatives to support this bill that can change thousands of lives for the better. It will take a groundswell of public support to make it happen, because politicians don't often want to touch legislation that they fear makes them seem friendly to criminals. This year is different, public opinion is changing on harsh punishment (80% of Americans favor non-prison terms for minor crimes). The Second Chance Act could pass, but it needs your help. Sign the petition here.
Jamie Woodard, a New Jerseyan with a ten-year-old mail fraud conviction, has set up a website - We Deserve Our Lives Back - to support the bill as well. Woodard writes:
Ten years ago, I was convicted of theft of mail and ten yrs later I continue to pay for that valueless moment in my life. I belittled myself and inconvenienced many people, ten yrs later I should not have to continue to pay for that same mistake. I deserved my punishment, I deserved the hardship that I encountered after my release, I deserved the denials of employment and having to regain societies trust and I deserve my life back.
...Gainful employment is a stepping stone to a life long commitment to be productive again in society. We deserve careers and a second chance at an untarnished re-entry to the employment environment. I'm not making an excuse for what I did but we deserve a second chance.
Help dedicated, driven people like Woodard overcome past mistakes and achieve success. Sign the petition for a Second Chance today.
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Comments (31)
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On a grassroots level, individuals can make a difference. A brand new company in Colorado Springs, Freely Working (http://freelyworking.com), has begun giving a second chance to ex-offenders.
In the end, it will be the efforts of thousands of friends and neighbors that will make us safer by giving ex-offenders a stake in the communities where they reside.
Posted by william newmiller on 06/09/2009 @ 09:02AM PT
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Here are some statistics:
Average time served for homicide: 6 years
Average time served for rape: 5.5 years
Average time served for kidnapping: 4.3 years
Average time served for robbery: 3.6 years
According to the Federal Bureau of Justice Recidivism Study 67% of offenders who were released in 1994 were back in prison by 2002.
Homicide: 40% Recidivism
Rape: 46% Recidivism
Kidnapping: 60% Recidivism
Robbery: 70% Recidivism
It seems the system is doing a good job of letting people go.
Are there any reforms or petitions that concentrate on keeping these type of offenders in prison? That would be welcome information once in a while.
Thanks.
Posted by Dennis G. on 06/09/2009 @ 09:37AM PT
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What makes me ill are the rapist get out to rape again and again.
The only time they spend a lot of time in jail is when they kill the person they have raped.
Rape to me should be considered Murder of Manslaughter because after a person is raped they are not the same person anymore. I know first hand because I was raped for nine (9) years starting at the age of twelve (12) and didn't stop until I was twenty-one (21) because I got married. I lost a lot of good jobs lost my family and lost my first husband. I was like an animal because I didn't allow anyone to close and if someone would say something he would say I would lose my cool or if someone would touch me like he would meaning he would touch my arm meaning I will see tonight or tomorrow morning I would lose my cool not until I got intensive help many many years later I didn't even realize it really hurt me what he did.
As the doctor said to me I was the rape and the rape was me because it went on for such a long time. I never talked because he told me that if I talked he would kill my family starting with mother and let me watch so I always afraid. But the thing is this is what happens to all rape victims but they just don't have voice.
Posted by Carol Hill on 06/19/2009 @ 09:12AM PT
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Unfortunately there is no statistics to subjectivity. Yes we can make all kinds of wonderful stats and present in the presentations. But at the end of the day, there is subjectivity associated with the 'second chance'. It entirely depends on the individual whether he deserves the second chance or not. If the criminal decides not to repeat the crime he committed and changes his course of actions, then bravo you achieved it without punishment of any sort. Are you capable of making society as a whole a better place without punishment of any sort? If answer to the question is 'yes', you don't need prisons at all.
And it need not be for those who committed a crime for the first time. At any point in time, if someone decides to change for the betterment, he or she should be allowed to do so and accepted by society. It's never too late to change. The real question is what medicine can work? And can the same medicine work for all?
Posted by Mary Go on 06/19/2009 @ 02:32PM PT
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Mary, your comment scares me a little, thinking of A Clockwork Orange... What kind of medicine indeed?
Posted by Mica Varga on 06/21/2009 @ 11:21PM PT
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It's important to understand what these statistics mean. First, the definition of recidivism from the BOJ: "rearrest, reconviction, resentence to prison, and return to prison with or without a new sentence." I assume that's the definition used in the report mentioned by Dennis G. but not cited.
In many cases a return to prison results from technical violations of parole--essentially a status offense.
The stats suggest that there is much room for improvement in prison programs as well as post-release transition programs. Dennis G's implied solution seems like a suggeston to do more of what we know is not working.
Regarding the time served statistics: Those are extremely low numbers, and are inconsistent with other BOJ statistical products.
Posted by william newmiller on 06/09/2009 @ 10:31AM PT
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Statistics like these are created by the just us department. Like William states, technical violations of parole rules make up the vast majority of recidivism. I have not only been returned to prison 4 times in 22 years, each time for technical violations, (no new criminal activity), but have had the sentence extended by 4 years to a 24 year sentence, for "Mail Fraud", if those of you who think the system isn't broken and needs reform would go inside one of these gaol's and check it out for yourself, you would understand that Matt is correct, and we, the taxpayer's are footing the bill for a system that breeds criminals in the system by instilling hate and resentment due to the conditions prisoners must live in.
There are numerous adjustments that could be made to this multi-billion dollar industry, which we all pay for, that would enrich and enable offenders released into the community to become contributing members of society. Rehabilitation models of reform are in existence in some states and have met with lots of success, however our political leaders are needful of appearing tough on crime in order to obtain their re-elections. http://criminaljustice.change.org/actions/view/end_this_sentence
Posted by mark schmanke on 06/10/2009 @ 02:14AM PT
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You don't believe my statistics? Well, NFL wide reciever Dante Stallworth struck and killed a pedestrian on March 14 because he was driving drunk. His jail sentence...30 days! This is not a typo. 30 days for DUI manslaughter. One more example of how the justice system is too lenient.
Posted by Dennis G. on 06/17/2009 @ 09:29AM PT
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Well, it's sort of like this. A couple of pretty smart men, first Benjamin Disraeli and later Mark Twain said that there are three kinds of lies, Lies, damned lies, and statistics" and you seem to have this down pat. Get a life, do your homework and find out what 1529 will and will not do and find a better way of expending your energy than being critical of those who are trying to help. Lead, follow or get the hell out of the way. Further comment will be ignored, you are just not worth the effort.
Posted by Thomas Kinney on 06/17/2009 @ 11:32AM PT
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If spending 12 years in prison and more than 10 years on parole for a 10,000 mail fraud charge is too lenient...what would you dictate I serve Dennis? Life? Sure, the statistics are skewered because of cases like stallworth's (a reknowned sports figure, who got the deal in a bargain w/the state after he agreed to pay the family a huge sum of money), but like I stated above the statistics on recidivism (which is what we are talking about) are always Skewered when controlled by government agencies seeking more money to fund their positions. There is aberrant behavior of ex-cons commiting henious crimes, but most are returned to prison for drinking or smoking pot, not for new crimes.
The advocacy here is designed to give NON-VIOLENT felons an opportunity, after straightening their lives out, paying their penalties, to participate in and contribute to, a society that has blacklisted them from everything from loans to jobs. Not to further mete out punishment after having paid what the courts have said they must pay. That is what the Second Chance bill is about.
Look at the time served from your quoted statistics for all the various VIOLENT crimes you cite, and justify to me Dennis, why a person like me, non-violent Mail Fraud criminal, is serving a sentence that expired more than 2 years ago. The system is NOT doing a good job of letting people go, they are increasing the time served in order to perpetuate their own friggin jobs. If you only look at statistics through tunnel vision, and are not knowledgeable about the subject, which you are not, then do not be critical of those who are trying to correct some fundamental inequities in this government.
Posted by mark schmanke on 06/17/2009 @ 02:54PM PT
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Thomas, where are the lies in my post about Stallworth? Like I've stated several times, my posts don't concern 1529. Just stating opposing arguments on a one sided page.
Get a life? Maybe you should try that instead of following my posts. I'm glad you'll be ignoring me from now on because you are not worth my time either.
You're right Mark, my comments are directed towards violent criminals. Why aren't there more people outraged about violent criminals on the street? You would never know that's a problem by reading the blogs on this page. Let's get the right people locked up. The justice system is failing us on both sides it seems.
Nice to see you guys got you're panties in a bunch, but your missing the point.
Posted by Dennis G. on 06/17/2009 @ 09:03PM PT
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Need more proof? Take a look at the NYS Sex Offender Registry. There are some that do 10, 15, 20 years for their crimes. There are also many that do less that 5 or sometimes less than one year behind bars. These are rapists. These are child molesters. All in our communities. Shockingly short prison terms. It is a long, long list. Are these the people we want around our loved ones? Take a good look.
Posted by Dennis G. on 06/09/2009 @ 10:46AM PT
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Proof? Of what? Sex offender registries tend to aggregate a broad segment of the offender population, many whose crimes are in dispute or are minor. Classifying them all as rapists is to misunderstand what the registry does. In some jurisdictions it's possible for teen-aged girls caught sexting to end up on such registries.
In NY, the minimum time one is entered on the registry is 20 years.
No one is suggesting that anyone should be free to commit crime without consequence. Those of us who would reform the criminal justice system are simply pointing out the reality that our current approach is failing us, and doing so at an extremely high cost, both in dollars and in human potential. Our goal the same: to make our communities safer. Doing so will require us to examine the flawed assumptions that undergird our failing system.
Posted by william newmiller on 06/09/2009 @ 11:27AM PT
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OK I only want to ask a couple of questions regarding this thread. Dennis, first I don't understand what part of FIRST TIME NON-VIOLENT you don't understand and why you choose to respond to Matt's commentary with a rant about Violent offenders. Have you even read H.R. 1529? It is not a free ride? None of the offenders you describe qualify for consideration. And here is my last question. Why does someone who, on this very web site as evidenced on your profile page, supports many humanitarian causes and actions, elect to trash this most human and humanitarian legislation?
Posted by Thomas Kinney on 06/09/2009 @ 02:10PM PT
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William, did you actually take my advice and look at the NYS registry? Your comments indicate that you didn't. I'm not sure what you meant by "In NY, the minimum time one is entered on the registry is 20 years". Maybe you can explain that further so I can respond. I have never come across a teenage girl on the NY registry that is on there for sexting. I guess you choose to ignore the thousands who are on there for sexually violent offenses against women and/or children who are given a sentence of 1 to 4 years. Your other argument is that the crimes committed are in dispute or minor. Give me a break. In dispute? Of course criminals are going to dispute the charges against them, but they were locked up for a reason. Also, I have'nt seen any minor crimes on the NYS registry. That is an insult to any victim. Again, it seems you did'nt look at the website at all. I urge you to visit the registry and come back with solid facts.
Thomas, I fully understand the premise of this particular post. My argument against the posts on this page is that they are totally one sided. Not once have I heard anything about victim's rights. My arguments have nothing to do with HR 1529 and I didn't mention it in my comments. If my comments were directed at HR 1529, you would be correct in saying that they are misguided. This is a "Criminal Justice" page. Plenty of awareness is raised about how the system abuses it's power at times, but never a mention about those who put their lives on the line to keep us safe. Never a mention about how the system fails at times in the opposte fashion of what Matt suggests. There needs to be harsher punishment at times and this page is squed so far left that I feel I need to stand up for victims and also the good cops out there that do their job well. Just trying to tell the other side of the story that is conspicuous by it's absence on these blogs.
I appreciate you looking at my profile and noticing the work I do. Actually, the main reason I joined Change.org was to raise funds and awareness for the NYCC. I work closely with this organization which provides services for abused children. It would be nice if the efforts of NYCC or organizations like it would get some recognition on here, but that would be too much to ask. Maybe now you see where I'm coming from.
Posted by Dennis G. on 06/09/2009 @ 09:43PM PT
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Also, let's not get into the habit of forgiving all non-violent crime simply because violence is not involved. Have we forgotten the Madoff scandal already?
Posted by Dennis G. on 06/09/2009 @ 09:53PM PT
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I think I will just let my original questions stand. While you did not directly reference 1529, your post is on a page referencing only 1529. You accuse Mr. Newmiller of not reading the NYS registry yet you are clearly not familiar with the terms and conditions of 1529, which by no stretch of the imagination forgives "all" Non-Violent offenders. And, since you seem to have chosen to block access to your profile, I can't seem to find any reference to NYCC anywhere on Change.org to determine what it is and if it may be something I would be interested in supporting. A search for NYCC on the home page of Change.org returns nothing.
Posted by Thomas Kinney on 06/10/2009 @ 09:57AM PT
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And I will let my original answer stand. Since there are no blogs on the "criminal justice" page concerning the issues and concerns that I present, I have to post my comments on the blogs that are available. I temporarily block my profile at times because some members of this site feel it necessary to harrass other members instead of keeping the debate on the forum. But again, thanks for your interest.
Posted by Dennis G. on 06/10/2009 @ 10:23AM PT
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Matt I want to say to everyone how much I along with the members of our group appreciate you writing this article. This bill will mean so much to so many. To all who have and are signing our petitions we say thank you. If you are not familiar with the history of this bill I aim going to impose a little here and post it for you:
106th Congress H.R.5433 10/10/2000 Co-Sponsors 0 Died in Sub-Committee on Crime
107th Congress H.R.696 02/14/2001 Co-Sponsors 12 Died in Sub-Committee on Crime
108th Congress H.R.1434 03/25/2003 Co-Sponsors 33 died in Sub-Committee on Crime, Terrorism & Homeland Security
109th Congress H.R.662 02/08/2005 Co-Sponsors 27 died in Sub-Committee on Crime, Terrorism & Homeland Security
110th Congress H.R.1434 01/22/2007 Co-Sponsors 17 died in Sub-Committee on Crime, Terrorism & Homeland Security
111th Congress H.R.1529 03/16/2009 Co-Sponsors 33 died in Sub-Committee on Crime, Terrorism & Homeland Security
As you can see this bill has been around for a long time. While some of us are new to this fight there are many like Jaime Woodard who has been supporting this effort through every incarnation of this bill. Jaime and others were involved even before Congressman Rangel had the compassion to introduce it and after each failure has continued to do so. Their disappointment at every failure of our leaders to do the right thing is hard to imagine but they have come back each and every time to continue the fight. Isn't it time for this fight to end? Isn't it time for our leaders to step up and pass this bill so that those who have proven and those who only want a chance to prove that they deserve a second chance are given that chance?
I invite you to go to http://thomas.loc.gov/ where you may view the individual bills and a list of the co-sponsors. Then I hope you will ask the question, Where are The Co-Sponsors Now? Sign our petitions, call and write your Senators and Congressman. Demand their support. Join our group at http://groups.yahoo.com/group/support_of_hr1529/
“We The People” can make a difference.
Thanks again Matt
Posted by Thomas Kinney on 06/09/2009 @ 01:58PM PT
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Thomas,
Well said. . . You are my Hero & Thank You!
Posted by Martica Lozano on 06/09/2009 @ 02:35PM PT
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Thanks Martica we intend to continue working on this until we win. Keep supporting the effort, sign and encourage others to sign, the petitions on this and the other sites mentioned. You efforts are not un-noticed.
Posted by Thomas Kinney on 06/09/2009 @ 05:36PM PT
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Matt - Kudos! Very well put.
Thank you for voicing support of this very worthy cause.
Posted by Martica Lozano on 06/09/2009 @ 02:58PM PT
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Young people who have committed misdemeanors deserve a second chance. They deserve the right to be employed. Currently, if you have any criminal history (misdemeanors) you are pretty much unemployable. Just because technology makes it easy to access criminal records, doesn't mean it is right. Certainly there are felons that have committed violent acts or masterminded robberies, extortion, identity theft, fraud, etc. The general public needs to be protected from these sociopaths. But young adults that have made some poor choices deserve to be employed and judged on their work ethic and skilled performance at their job. If they cannot perform their job, employers can fire them. But to be unemployable because of a OWIs at a young age is cruel and unusual punishment. Of course driving and drinking is wrong and offenders should have consequences, but once their consequences are completed, they should not be subjected to a lifetime of unemployability. People should be judged by their work performance on the job, not their past history. HR1529 needs to pass.
Posted by Karen Nelson on 06/10/2009 @ 03:43PM PT
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Matt. Thank you so much for bringing this very important bill to the forefront.
Thomas Kinney deserves a well-earned recognition for his efforts in 'justice' reform.
Mr. Newmiller is strongly involved in constructive changes in the criminal 'justice' system. He is passionate about justice and hard working.
Thanks to ALL of you who know the importance of checks and balances in the justice area. Without the people keeping watch and making reforms, every single American would remain in jeopardy of being incarcerated for political and monetary gain. The power is already out of control and the scales of justice are tipping on the side of criminal minds hiding in the occupations that claim to serve justice.
Working together, we can stop this abuse of power in time.
Posted by Marcia McGuire on 06/11/2009 @ 03:52PM PT
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Thanks Marsha for the kind words.
Posted by Thomas Kinney on 06/11/2009 @ 06:19PM PT
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Hi Matt and Everyone Else,
I'd be really interested to know if this bill includes any special considerations for issues of domestic violence and stalking (sometimes categorized as non-violent crimes depending on the type of abuse). I was at a hearing a few days ago where families of victims were testifying that their stalkers were released and their records expunged. The victims tried to seek protection, but the expungement left no record of the stalking, and thus they were unsuccessful. In a couple of these cases, the released stalkers/batterers killed their former victims, something law enforcement may have been able to prevent but for the expungement.
Since crimes like stalking and domestic violence pose significant re-offense rates for certain individuals, would there be any specific consideration for those crimes in this bill? Overall, I really support the idea of giving non-violent offenders a second chance, but I would be concerned about this particular community of victims' safety.
Thanks!
Posted by Amanda Kloer on 06/12/2009 @ 12:42PM PT
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A very good question Amanda. Specific crimes are not addressed in the current wording of the bill. That could very well change if we can get congress off of dead center and move the bill along for further discussion. There are requirements in the bill that can certainly be modifiedto include your issue and don't forget that they must make application to the same court that sentenced them in the first place. For example one requirement is:
Fulfilling all requirements of the sentence, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines.
(Remember, a person released today with a 3 year period of probation remaining may not even apply for relief until his/her period of probation has been served and a person with a history of domestic violence could certainly be required to complete a course of treatment and satisfy very strict monitoring requirements)
Again, this is not a free ride and honestly, as much as I support this bill, I have no problem what so ever with making sure that it's benefits are only granted to those who truly deserve a "Second Chance." I tend to lean a little toward the idea that "Violence" is just that and have a little problem with those that want to deal in "Shades of Violence." If you hurt someone well........I think you get the idea. You may read the full text of the bill and sign a petition in support at wedeserveourlivesback.com or my petition on this web site.
Posted by Thomas Kinney on 06/12/2009 @ 01:56PM PT
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I don't know about second chances but I know one thing if these people don't behave as they should the first time out of the box and they know wrong from right and they do something they know is wrong anyway that just means to me they don't know the meaning of NO.
Most of these adults that do something wrong it is almost a dare. Will I get caught or not but they try anyway but that is the way I feel.
Posted by Carol Hill on 06/19/2009 @ 08:24AM PT
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The bill needs to be a lot more specific as to whom it can be applied before it's going anywhere but the same pile as it's older brothers, and rightfully so. I know it appears to be fairly straightforward but the lawyers of the convicted haven't got their hands on it yet. Is an armed burglary a violent crime? Not if no one is home. How many violent crimes are plea bargained down before trial? Would these be eligible? Our elected Representatives have a much more active imagination that I. How much will the record keeping/tracking of these cases cost over time?
Posted by James Thompson on 06/19/2009 @ 01:13PM PT
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This is strange....
What happened is something like this. I noticed that there is an account on facebook that is created using my friend's first and last name. Initially I thought it was just another user with similar first and last name. My friend on whose behalf this account was created told me that she did not create this account. I communicated with this fake facebook account to add me as a friend. Next thing I noticed is- my email account via which I communicated with this fake facebook profile created using my friend's name; is hacked. And my account was hacked even before the friend request was accepted.
I came to know this because of Google feature - activity log that gives activity on my email account with time-stamp on it. That's how I realized that my email account which never got hacked before (as per my knowledge) was opened by browser with IP : 204.15.23.171
I was not aware of any software that can find out this IP. I have a feeling that my friend's account on facebook was created using 204.15.23.171
So was the question, but I did not understand from following sites how do I tackle this problem?
http://cryptogon.com/?p=2063
http://ws.arin.net/whois?queryinput=204.15.23.171
http://netzome.com/204.15.23.171
And someone forwarded me with link
http://www.cnn.com/2008/TECH/ptech/09/05/facebook.spies/index.html
I don't understand these are some well-known security agencies that are there to protect us, help us. Is this person who forwarded me with this link trying to say that I should approach these agencies for my safety, am I in any kind of trouble from people who are supposed to protect me? Wow!
Can anyone help?
Posted by Mary Go on 06/19/2009 @ 01:37PM PT
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Nobody is in charge of judging others. We all deserve infinite chances. Please, abbolish the death penalty, for God's sake !
Cathy
Posted by Catalina Geornoiu on 06/22/2009 @ 02:52AM PT
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