Jimmy Gresham

James H. (Jimmy) Gresham: born October 14, 1934 in Selma Alabama. Known as a "soul singer" and writer. [http://bmi.com/ BMI] list 14 songs to his credit. He wrote and produced records in Los Angeles in the 1960s. He also played in Rosey Grier's band, and wrote and produced records for Rosey's record label [http://saleomatic.com/Rosey/ "Tac-Ful"] He has appeared on shows with the late Wilson Pickett, Joe Tex, and many other "Soul Greats."

As of October 2006, he is in his 14th year of incarceration in a United States Federal Prison.He is serving a 30 year (no parole - the Federal Government did away with it in 1987) sentence.He is there (allegedly) for his involvement with a group of Marielitos that were sponsored out into his neighborhood in 1980 by FEMA, following the Mariel Boat Lift. They were convicted of "conspiracy" to traffic cocaine.

He also served in the Navy during the Korean War and was awarded the National Defense Medal, and the China Service Medal [http://saleomatic.com/Navy/ Official Record Here] As an ironic note about that service: He was given the 30 year sentence in the sameCourthouse where, at the age of 18, he proudly took the Navy oath to go and serve America in her time of need. - Jimmy Gresham was a first time / non violent offender.

There is a movement [http://saleomatic.com/Jimmy "Free Jimmy Gresham"] that claims that he wasn't given a fair trial, and has been seeking his release since 2004. The movement claims to have proven that the United States government used "officially sanctioned" perjury to convict him. This evidence has been documented and presented to the Federal Court in Pensacola, Florida [http://www.flnd.uscourts.gov/divisions/divInfoPN.cfm "The Honorable Judge Roger Vinson"] (,and to the US Attorney in Northern Florida, [http://www.usdoj.gov/usao/fln/ Gregory Miller] and his First Assistant US Attorney Mr. Thomas F. Kirwin.

The evidence presented has never been examined on its merits. Since the [http://www.fas.org/irp/crs/96-499.htm "Antiterrorism and Effective Death Penalty Act of 1996"] was passed in 1996, a federal inmate only gets one chance at relief through a "habeas corpus" motion. Jimmy has, for the most part, had to represent himself against the charges. His one chance at a successful "habeas corpus" motion was ruled untimely (late). There is a procedure for obtaining a second habeas corpus motion, but it is almost never given. And given the fact that Jimmy is a self taught (jailhouse lawyer) the chances of a 72 year old Southern Black man with a basic education, succeeding against the "might" of the United States Federal Government, would be what many would consider, a jurisprudence "miracle."

As a note on the Antiterrorism and Effective Death Penalty Act of 1996: By the name of it one would be led to believe that it only effects terrorist or death penalty cases. - The fact is that all federal prisoners are held to this same standard.

For a first time / non violent offender to get, what one US Attorney who knows all about Jimmy's plight, called a "Draconian" sentence,is due in part to the procedures the United States Federal Government was using during the early 90's. The technique that US Attorneys were using involved an aspect that has since been ruled unconstitutional, but not made retroactive, by the US Supreme Court.

In layman's terms it went like this: See Apprendi

Say a man was indicted for having one quart of an illegal pesticide in his home, and in that same home, in another room he had a shotgun. The indictment would read like that, with those specific charges. By having this one quart in his home, if convicted, he could face 5 years, and another 5 years of having the firearm. When taken to trial, say the jury found him indeed guilty of having the "quart", but innocent of the firearms charge. - The jury would then be dismissed. - Then would come sentencing.

At sentencing: The US Attorney could tell the judge that although the defendant was convicted of having the "quart" in his home, that the case officer also said he had a 500 gallon tank of it at another location, and that although he was found "not guilty" by the jury of the firearms charge, that the case officer or US Attorney believes the firearm was to protect his illegal "quart." And since the defendant pleaded "not guilty", and the jury didn't believe his testimony, he must also be guilty of perjury and obstruction of justice.

The bottom line: A jury of average Americans, just convicted a man for having a "quart" of illegal pesticide, and "not guilty"of a firearms charge. They leave the court believing that the defendant will be getting 5 years. When in fact the defendant could get 30 or even life, for evidence the jury never even heard about him, much less convicted him of.

These techniques have all been ruled unconstitutional by the US Supreme Court, but not made retroactive. So Jimmy Gresham, as many Southern Black men before him (the long black line), has been denied his day in court. Unless righteous action is taken up by justice loving Americans - this Soulman and Decorated Korean War Veteran's heart will give out long before his, as the Supreme Court has ruled, illegal sentence is "satisfied."