The Newsletter of North Carolina Prisoner Legal Services, Inc.

NCPLS

Volume III, Issue 4, December 2003

ACCESS

CHOOSE SUCCESS

By Michael G. Santos (Reg. No. 16377-004)
FCI Fort Dix, New Jersey

No one wants to serve time in
prison, but over 2,000,000 people
live inside these caged communities. I know something about these
people. I have been incarcerated
myself since 1987, when I was 23.
Now I have passed 17 consecutive
Fall seasons behind these fences,
and during that time I have learned
something about the people around
me. For one thing, I have learned
that the way prisoners think plays a
huge role in whether they will succeed or fail upon their release.
When I talk about success, I am
not talking about six-figure cars
and oceanfront homes. Not for this
article. There is nothing wrong
with pursuing such luxuries, but
for many of the people in prison,
chasing the fast money frequently
leads to the behavior which leads
to prison. The success I am talking
about is less complicated. For the
purposes of this article, the meaning of success is a cinch. It means
behaving in a way after release that
will keep a man out of prison.
Some readers may laugh at such a
simple-minded definition of success. They don’t know prisoners.
The truth is, when one defines
recidivists as those who return to
confinement within five years of
release from confinement, for any
reason, we can characterize more
than six out of every ten prisoners

as recidivists. Wow! Those figures
frighten me.
I remember when I was in the
beginning of my term. While
walking around the track at the
U.S. Penitentiary in Atlanta, I
spoke with a prisoner who already
had served more than ten years.
He was about to be released and
I asked him what he had done to
prepare himself for life outside.
“Nothing,” he said. After ten years
of living in prison, he knew how
to function in this abnormal world
behind fences, but he had no idea
what he was going to do upon
release. I knew that I had to pass
my time differently.
I write extensively about the prison
experience in order to help readers understand prisons, the people
they hold, and strategies for growing through them. I have lived
virtually my entire adult life as
a prisoner, and during my term
I have educated myself, earning
an undergraduate and a graduate
degree from accredited universities.
I also have interviewed hundreds of
prisoners, and the data I have collected has resulted in three nonfiction books, including About Prison,
Profiles From Prison, and What If
I Go To Prison? In 2004 I expect
to publish my fourth book, which
I have tentatively titled Living in
Prison.

I have learned a lot through the
information that I have gathered
from other prisoners, and from my
own experiences. The most valuable lesson I have learned-and that
I want to share-is that the way a
prisoner thinks is perhaps the most
crucial factor in whether a prisoner
succeeds or fails upon release from
prison. Remember, success means
not returning to prison after release,
while failure means a return for any
reason at all.
Yesterday I interviewed a young
man for my upcoming book. He
is not yet 30, and will be released
soon, as he has nearly completed
his six-year sentence. He told me
that he is going to try to do the
right thing upon his release, but
if things didn’t work out, if he
couldn’t find satisfactory employment, he would revert to drug
(Continued on Page 2)

In this Issue:
Choose Success

1

Message from the Editor

2

NCPLS Case Report

4

Use Goals to Guide

5

State v. Jones

8

NCPLS Plans Office Move

11

NCPLS ACCESS

Page 2

ACCESS is a publication of North
Carolina Prisoner Legal Services,
Inc. Established in 1978, NCPLS is a
non-profit, public service organization.
The program is governed by a Board of
Directors who are designated by various
organizations and institutions, including
the North Carolina Bar Association, the
North Carolina Association of Black
Lawyers, the North Carolina Association of Women Attorneys, and law
school deans at UNC, Duke, NCCU,
Wake Forest and Campbell.
NCPLS serves a population of more
than 33,500 prisoners and 14,000 pretrial detainees, providing information
and advice concerning legal rights and
responsibilities, discouraging frivolous
litigation, working toward administrative resolutions of legitimate problems,
and providing representation in all State
and federal courts to ensure humane
conditions of confinement and to challenge illegal convictions and sentences.
Board of Directors
President, Gary Presnell
Jim Blackburn
James A. Crouch, Esq.
Barry Nakell, Esq.
Susan Olive, Esq.
Marilyn G. Ozer, Esq.
Professor Michelle Robertson
Lou Ann Vincent, C.P.A.
Fred Williams, Esq.
Professor Ronald F. Wright
Executive Director
Michael S. Hamden, Esq.
Editor
Patricia Sanders, CLA
PLEASE NOTE: ACCESS is published

four (4) times a year.

Articles, ideas and suggestions are
welcome: tsanders@ncpls.org

Volume III, Issue 4, December 2003

CHOOSE SUCCESS
(Continued)

(Continued from Page 1)

trafficking or some other means
to supplement his income. Such a
mindset, in my experience, suggests a recipe for failure. I told
him as much.
Those of us who want to succeed
must choose to succeed. Success
does not happen by accident. We
must evaluate every step that we
take, ensuring that each step will
lead us to our destination. When
we waiver, we fall off course. As
I told my young fellow prisoner,
succeeding upon release requires
an absolute commitment to avoid
criminal activity, and to avoid those

who engage in criminal activity.
When we fail to make that commitment, we doom ourselves.
I am convinced that those people
who succeed upon their release
from confinement do so because
of conscious choices they made,
because of commitments they
made. They began making those
choices long before they departed
this community of felons.
Over the next ten weeks I will write
about the choices successful prisoners make and describe how those
choices differ from the prisoners
who choose failure.

MESSAGE FROM THE EDITOR
As an employee of NCPLS for more than 14 years, I have often been
impressed by the creativity and intelligence of the inmates who write to
us. My colleagues share my point of view so, in our September issue of
ACCESS, we invited inmates to submit writings and artwork for publication. We deeply appreciate the submissions of all those who responded,
and we are delighted that we can share some of those works with our
readers.
We dedicate this edition of ACCESS to our clients, all of whom have
genuine talents, abilities, value, and worth as human beings. All of the
employees of NCPLS extend to each of you our warmest wishes for a
safe, healthy, and happy holiday season.
Patricia Sanders, CLA
Editor

Volume III, Issue 4, December 2003

NCPLS ACCESS

Page 3

NCPLS ACCESS

Page 4

Volume III, Issue 4, December 2003

NCPLS CASE REPORT
by Senior Attorney J. Phillip Griffin

In October, NCPLS successfully
represented two clients in challenges to illegal sentences.

The court granted the Motion and
held a new sentencing hearing
October 16.

In a case from Durham County,
our client had pled guilty to
both second degree murder and
attempted second degree murder, in
return for a consolidated conviction
and a single sentence in the aggravated range. The court imposed a
sentence of 237-294 months. On
April 27, 2000, over three years
after the client was sentenced, the
N.C. Supreme Court held in State
v. Coble, 351 NC 448, that there is
no such crime as attempted second
degree murder. In addition, the
N.C. Court of Appeals held in State
v. Bright, 135 NC App 381 (1999),
that an aggravated sentence may
only be imposed when the court
makes specific findings of aggravating factors, even when the
defendant in his plea bargain
agreed to an aggravated sentence.
NCPLS filed a Motion for Appropriate Relief (MAR) in Durham
Superior Court asking that the
attempted second degree murder
conviction be set aside and the
defendant be re-sentenced for the
second degree murder conviction.

At the hearing, the client apologized for his crime and gave the
judge certificates he had earned in
prison programs, including DART.
The court found that these efforts at
rehabilitation were mitigating factors and supported a new sentence
of 148-180 months. As a result,
the client’s projected release date
dropped from September 18, 2018
to October 20, 2009. State v. Orr,
96-CRS-35026, 97-CRS-3201
(Durham County Superior Court,
October 2003).
In a case from Columbus County,
following a jury trial, the defendant
had been convicted of assault with
a deadly weapon with intent to
kill inflicting serious injury. The
court found the defendant to be a
Level V offender, and imposed a
presumptive sentence of 151-191
months. The defendant wrote to
NCPLS because he was mistakenly
classified as a Level V offender. In
calculating his prior record level,
points had been tallied for two
class H felony convictions entered

on the same day, in violation of
N.C. Gen. Stat. 15A-1340.14(d).
In response to the MAR filed by
NCPLS, the court granted a new
sentencing hearing. At the hearing,
the court imposed a sentence in the
presumptive range for the correct
prior record Level IV. The judge
decided not to impose a mitigated
sentence, but instead imposed a
new sentence from the presumptive
range at the corrected record level.
Thus, our client’s sentence changed
from 151-191 months to 132 - 168
months. State v. Barden, 97-CRS9500, 97-CRS-9501 (Columbus
County Superior Court, October
2003).
In these cases, errors in the original
sentences made successful legal
challenges possible. Without a
showing that the original sentencing was erroneous, a court cannot
change a sentence, even when the
defendant has worked to improve
himself while in prison. But, if
for some reason the old sentence
can be set aside, the defendant’s
prison record can be considered by
the court when it imposes a new
sentence.

“Early Morning Pantry”
By Murray Alan Coats

NCPLS ACCESS

Volume III, Issue 4, December 2003

Page 5

USE GOALS TO GUIDE
By Michael G. Santos (Reg. No. 16377-004)
FCI Fort Dix, New Jersey

In a previous article I described recidivists as those people who return
to prison after their release from a
previous period of confinement.
Statistics vary on precise definitions, but it is generally understood
that at least six out of every ten
people who serve time return to
confinement for some reason or
other after their initial release. The
new arrest may come within days
after release, or perhaps not for
several years. The point is that too
many prisoners waste their time in
prison. When they do, they simultaneously condition themselves to
fail in society. I know, because not
only have I lived as federal prisoner since 1987, I also have studied
and written about it extensively.
During the course of my work I
have interviewed hundreds of prisoners. I asked about these troubling recidivism trends. I wanted
to know whether they saw any relationship in the choices one makes
while serving time and the odds of
succeeding upon release-success
being defined as staying out of
prison. Specifically, I asked them
whether the four out of ten prisoners who never return after their
release serve their time differently
from the six out of ten who do.
I learned a lot through their
responses. Many prisoners blame
prison administrators for not
offering enough programs to help
them develop skills that will lead
to employment. Those prisoners
wither away years at a time watching television, playing table games,
or immersing themselves in the

loser’s trap of prison culture. They
say that they will try to find a job
upon release, but I know they have
not made a commitment because
they also say that if things don’t
work out they will do what they’ve
got to do to survive.
Conversely, a much smaller group
refuses to wait for administrators
to open opportunities. In fact, they
recognize that the prison system
itself dehumanizes them. It is
geared to emphasize security, and
through that emphasis it frequently
erects obstacles that block an individual’s efforts to develop. The
committed prisoner, however,
navigates his way around those
obstacles. He is singularly focused
on success, and expects administrators and society will place barriers
before him. The committed
prisoner passes every day in an
all-consuming effort to prepare
himself for the challenges he
knows that he will encounter, both
in prison and upon release.
Prisoners who choose success
master their destiny. They do not
whine about or lament over matters they cannot change. Instead
they adapt. Committed prisoners
establish clearly identifiable goals
that are achieved through consistent effort, regardless of what
action administrators take. Reaching those goals, they know, will
enhance their skills and make them
more valuable to potential employers. If tough-on-prison administrators remove access to education or
vocational training programs, the
committed prisoner adapts, often

beginning independent study.
I know one prisoner who developed
his vocabulary in order to become a
better communicator. He committed himself to mastering 50 new
words each month. Another prisoner was not a reader before his
confinement but now reads 24
books each year and writes a report
describing what he learned from
each book. Another prisoner
learned about business by studying
how to value companies that trade
their shares on the New York Stock
Exchange; he measures his knowledge by charting a phantom portfolio.
Each prisoner who chooses success
establishes both short- and longterm goals. That goal gives him a
beacon of light to work toward. He
knows that he controls his success
or failure, and because his goals are
clearly identifiable, he can measure
his progress daily. The man building his vocabulary tests himself
with new words; the man who
educates himself through literature
counts the books he reads; the man
learning to value companies measures his knowledge by comparing
his phantom trades with index
averages. The goals of each prisoner serve as a compass, a tool that
he controls, one that will lead him
out of the dark labyrinth of prison
forever.
Prisoners who succeed do not reach
their success by accident. They
know exactly what they want.
They implement strategies and
(Continued on Page 7)

NCPLS ACCESS

Page 6

I SILENTLY WEEP

As I returned
home after years
and years of
imprisonment, I
entered the front
door of my
home
– the sun wasn’t
allowed to
follow, except
through the brief
opening of the
front door.

(An Illustrated Song)
By Damion StoneBlackwolf

ACTION WITHIN
By Damion Stone Blackwolf
upon yourself
the burden of
never knowing what he
might have
been.
When you
spend your
life destroying men –
the burdens
are sufficient
enough to
cause your
own destruction
– forgiveness
– is there any
such thing?

A tiny window
within did it’s
best to bring
the sun inside
though its opening, but, shadow
was ever victorious within . . . and
I silently weep ~ I silently weep ~ I
silently weep

For the past can’t be erased
– what might have been, what
could of been – will there ever be?
Only God knows – for now . . .

For if the world only knew that
when you destroy a man – you take

I silently weep ~ I silently weep ~ I
silently weep.

SWEET DESTINY
By Damion Stone Blackwolf
A little girl – she cries out in her
sleep, I miss you momma, please
come home to me. Such a heavy
burden – for a little girl, all alone in
the cruel, cruel world . . .
— oooo – Sweet Destiny —
Let me wipe the tears from your
eyes, oh, sweet child, please don’t
cry.
— oooo – Sweet Destiny —
A lot of sleepless nights as the tears
begin to flow, loneliness is the only
life she knows. Her momma is up
in Heaven – and it’s, ooh so sad.
Noone to hold – noone to call her
dad.

Volume III, Issue 4, December 2003

— oooo – Sweet Destiny —
Let me wipe the tears from your
eyes, oh, sweet child, please don’t
cry.
— oooo – Sweet Destiny —
Let me be your angel – let me take
the pain from you, let me show you
love – and what happiness is too.
I’ll be there for you – you can
always trust in me, standing by
your side – forever protectively.
— oooo – Sweet Destiny —
Let me wipe the tears from your
eyes, oh, sweet child, please don’t
cry.
— oooo – Sweet Destiny —

Sittin’ here doin’ a Class C life,
have a seat son, let me get at light.
Let me tell you a story, this is how
it goes, cause’ it ain’t no game in
here and that’s for sure.
We got murderers, burglars,
molesters too, rapers, and sadists,
preachers singing the blues. Dealers and stealers, men in drag, stay
away from the snitches, and the
check off tag.
You say a lil’ more action is what
you crave – son, a lil’ more action
put you in your grave.
I’ve seen people get stabbed, seen
people get raped, the man always
shows up – a little too late. Some
get turned out – others go insane,
so watch your back, son – don’t
get on that train. Don’t fall for
no hustle, cause’ they’ll rob you
blind, be a true convict – never fall
behind. Still you say – a lil’ more
action is what you crave. Now,
son, a lil’ more action put you in
your grave.
Do your time, son – keep your
crime to yourself, don’t trust me –
nor noone else. Never – ever – fall
in debt, get yourself a hustle – keep
yourself in check. You must have
a lot of heart – don’t ever back
down, win or lose – you stand your
ground. Stay away from the action
- I know you still crave, son, it put
a many good man in the grave.
.
Now you’ve heard a true story of
what you must do. Thanks for
the light, son, our conversation is
through.

NCPLS ACCESS

Volume III, Issue 4, December 2003

Page 7

USE GOALS TO GUIDE
(Continued)

(Continued from Page 5)

exercise discipline to overcome the
obstacles wrought by confinement.
They emulate the behavior and
living patterns of leaders, and they
never offer excuses for their own
failures.
Editor’s Note: The proceeding
articles, “Choose Success,” and
“Use Goals to Guide,” are repub-

lished by permission of the author,
Michael G. Santos. Mr. Santos
was convicted of drug distribution
and sentenced to serve 45 years
in federal prison. He is scheduled for release in 2013. While
in prison he has earned Bachelors
and Masters Degrees. He has also
written three books available for
review and purchase on his web
site: www. Michael Santos.net.

“Just Resting”
By Murray Alan Coats

Although Mr. Santos does not
have direct access to the internet, he can be reached by email
at: info@michaelsantos.net. Mr.
Santos can also be reached by writing to him at the following address:
Mr. Michael G. Santos (Reg. No.
16377-004), Federal Correctional
Institution – Fort Dix, P.O. Box 38,
Fort Dix, New Jersey 08640.

NCPLS ACCESS

Page 8

State v. Jones

Volume III, Issue 4, December 2003

No. COA 02-1404, 2003 N.C. App. LEXIS 1984 (Nov. 4, 2003)
By Staff Attorney Ken Butler

A recent decision by the North Carolina Court of Appeals has generated considerable interest. In State
v. Jones, the defendant pled guilty
to possession with intent to sell
and deliver cocaine, and to being
an habitual felon. The defendant
entered this plea conditionally, with
the understanding that
he could appeal three
issues, including the
court’s denial of a
motion to suppress
evidence.
On appeal, the Court
of Appeals determined that, under
the statutes and rules
governing a criminal
defendant’s right to
appeal, it only had
jurisdiction to consider the appeal of the
motion to suppress.
Since the defendant
had bargained for appellate consideration of three motions and
the court could only address one
motion, the defendant could not
have received the benefit of his
plea bargain. However, before
sending the case back to the lower
court, the Court of Appeals also
addressed the issue of jurisdiction concerning the habitual felon
indictment.
The defendant had argued that
the habitual felon indictment was
invalid because one of the three
convictions used to classify him as

an habitual felon was a conviction
for possession of cocaine. According to the law as it existed at the
time of the crime:
“any person who violates G.S. 9095(a)(3) [possession of a controlled
substance] with respect to: . . .[a]

felon indictment. The State, on the
other hand, noted that N.C. Gen.
Stat. §90-95(d)(2) also provided
that possession of cocaine “shall
be punishable as a Class I felony,”
and that this meant that possession of cocaine was a felony. After
reviewing general principles of
statutory construction, including the
principle that criminal statutes are to be
“strictly construed
against the State,”
the Court of Appeals
held that possession of cocaine was
a misdemeanor
and the defendant’s
indictment as an
habitual felon was
defective.

On November 13,
2003, the N.C.
Supreme Court
controlled substance classified
issued an order staying the Court
in Schedule II, III, or IV shall be
of Appeals’ decision in Jones.
guilty of a misdemeanor. . . .” N.C. Furthermore, the Supreme Court
Gen. Stat. §§90-95(d)(2) (1991).
is very likely to review the case.
According to N.C. Gen. Stat. §§90- The Court may affirm the Court of
90(a) 4., cocaine is a Schedule II
Appeals decision, overrule it, or set
controlled substance. N.C. Gen.
limits on the effect of its decision.
Stat. §§90-90(a) 4 (1991).”
At present, there is no basis for
State v. Jones, 2003 N.C. App.
seeking relief from existing senLEXIS 1984 at *12.
tences based on the Court of
Appeals decision in Jones. NCPLS
Thus, the defendant argued that
will continue to monitor developpossession of cocaine was a misments in the case and will report
demeanor and could not be used as the final decision in a future edition
a predicate offense for an habitual
of ACCESS.

Volume III, Issue 4, December 2003

TOMORROW

By Damion Stone Blackwolf

Walking down this long lonesome
highway, I got my suitcase in my
hand. Don’t know where I might
be going, but, I really don’t give
a damn. Ain’t got no place to call
my home. An angry young man
out on his own. For what they’ve
done to me – I’m not to blame,
now I must live my life of shame.
But I got tomorrow morning.
Some say tomorrow never comes.
But when tomorrow comes to see
me, tomorrow’s the place I’ll call
my home.
Suicidal thoughts surround me.
Always running through my mind.
Should I go on another day, or will
I just be wasting my time. I’m
tired of being alone – out in the
cold. Nowhere to turn – no one to
hold. Down deep inside, my heart
is full of fear. I think of the life
I’ve lived – and I shed a tear.
But I got tomorrow morning.
Some say tomorrow never comes.
But when tomorrow comes to see
me, tomorrow’s the place I’ll call
my home.

NCPLS ACCESS

GO AWAY
By Damion Stone Blackwolf
Dreaming every night – dreams
that won’t go away. Dreaming of
the love we shared – so much I
did not say. I’m lost, lost in time,
through memories of our past,
although you’re gone right now,
my love for you will last.
So much anger – so much pain.
Please tell me why it won’t go
away – go away, go away.
Dreams of reality – some dreams of
pure hell. Sometimes I think I’m
crazy, sometimes I just can’t tell.
If only I could wake up and see
your precious face, all the pain of
our past, I could surely erase.
So much anger – so much pain.
Please tell me why it won’t go
away – go away, go away.

Page 9

A LOST SOUL IN AN EMPTY
SHELL
By Damion Stone Blackwolf

I remember when I was young,
acting crazy, always on the run.
Never listened to what ma-ma said,
she told me “son, you’ll wind up
dead.” I had a good woman, but I
done her wrong, left her home – all
alone. A wonderful son, and I love
him so, but his daddy had to roam.
I left my woman and I found
another. Deep down inside, I’ll
always love her. Now she’s gone
because of me. She’s up in heaven,
flyin’ free — she’s up in heaven,
flyin’ free.
All the loneliness, all the pain, all
the mistakes I can’t change. A desperate soul searching on, to find an
answer – for all it’s done wrong.

Now I sit alone in this empty prison
If only I could reach inside and turn cell, a lost soul in an empty shell.
back the hands of time, I’d destroy
insanity, before I lost my mind. I’d
take and be a better man, and love
you with all my heart, fulfilling all
your desires – we’d never be apart.
No matter what I say, reality I must
face, for all the pain of my past, I
know I can’t erase.
So much anger – so much pain.
Please tell me why it won’t go
away – go away, go away.

NCPLS ACCESS

Page 10

Volume III, Issue 4, December 2003

“Spooky Cat”
By Murray Alan Coats

“Makin’ Do”
By Murray Alan Coats

Volume III, Issue 4, December 2003

NCPLS ACCESS

Page 11

NCPLS PLANS OFFICE MOVE
NCPLS is preparing to move operations from our current location on South Dawson Street, to new space at
1110 Wake Forest Road in Raleigh. The move is scheduled for the end of January 2004.
Arrangements have been made to keep our phone number – (919) 856-2200 – and our mailing address (P.O.
Box 25397, Raleigh, NC 27611). In short, our clients and their families will be able to contact us as they
always have.
As you can imagine, our relocation has involved considerable planning. However, there will likely be some
disruption to our work. If you write to NCPLS in the next two months or so, please understand that we may not
be able to respond as quickly as we would like. We hope and expect that normal operations will resume by midFebruary.

“My Journey”
By Murray Alan Coats

THE NEWSLETTER OF NORTH CAROLINA
PRISONER LEGAL SERVICES, INC.
224 South Dawson Street
P.O. Box 25397
Raleigh, NC 27611
Phone: (919) 856-2200
Fax: (919) 856-2223
Email: tsanders@ncpls.org

Visit our website at:
http://www.ncpls.org