Injustice and Over-Sentencing: Reconsidering Frankie Porter's 500-Year Prison Sentence

State of Ohio. - "It was an unfortunate situation I took for granted. I was young. I made a mistake when I was 18 years old. As I reflect on my life, I know that I was wrong, and people were traumatized because of my decisions. But this punishment is wrong, and nobody sees anything wrong. I did not kill anyone. I did not rape anyone. You have people who have done worse than me, and they have not received the sentence of 500 years in prison," said Frankie Porter.

"We expected Frankie to pay for his crime but never imagined it would be more than half his life," says Fanta Weems (Frankie's sister). Porter is an inmate at a Correctional Institution (mix of minimum and medium security levels) for men in Ohio.

In 1991, eighteen-year-old Porter and three of his buddies were accused of robbing restaurants and placing their victims inside of the coolers. They were given the name "Cooler Bandits." According to the MacArthur Foundation, "The Cooler Bandits" follows the lives of Frankie, Donovan, Charlie, and Poochie, four friends in Akron, Ohio, who, as teens in 1991, committed a series of restaurant robberies and received stiff sentences of up to 500 years in prison. The young men were caught up in the wave of over-sentencing, mass incarceration, and a system designed to brand criminals felons for life."

The Cooler Bandits Allegedly Robbed Local Restaurants

Cleveland Magazine reported that at about 5:45 a.m. on August 2, 1991, an 18-year-old dressed in a Teenage Mutant Ninja Turtles mask allegedly held a pistol to the back of the head of an employee at a local restaurant in Akron called Art's Place. It is reported that Porter was the leader of the crew and that he and an accomplice took petty cash, forced four employees into a cooler, and then sped off in a car driven by another person.

It was said that the young men robbed 17 restaurants in four counties, forcing the staff into the coolers while taking the money.

The City of Akron and surrounding communities were shaken with fear. Business owners wanted immediate answers. They called for the perpetrators' arrest and sought retribution and stiff penalties. They wanted the ill elements off the streets.

Three had Public Defenders, and one was able to Afford an Attorney.

"I had a public defender, and Charlie and Poochie did. Donavan's" parents could afford a lawyer, which is one reason he did not have to spend as much time as we did. The other two were released after serving a sentence of nineteen and twenty years. I was charged with aggravated robbery, kidnapping, and escape. I received 228 to 528 years in prison. I am fifty-one years old and have served thirty-three years as of this year. People who have killed people and raped people have been in and out of here. I did not kill anyone. I did not physically harm anyone. I am still here. I accept responsibility for my actions. I deserved to be punished -but not for the rest of my life." said Porter.

Since Porter has been incarcerated, he said that he applied for (two) clemency under former Ohio Governor John Kasich. They were denied. He filed again under Governor Mike DeWine with the help of an attorney and has not received an answer.

Governor Mike DeWine, OHIOPhoto byThe State of Ohio Governor's Public Photo

"I was very disheartened to hear that the clemency had been denied. I was so hopeful. We lost our mother almost four years ago; she died believing one day Frankie would be free. I still believe God can do anything but fail. My family and I will not be settled until Frankie is free. The fight continues," added Twila Belle (Frankie's sister)

Under What Premise is the Merit of the Case decided by the Parole Board?

"According to the Ohio Department of Rehabilitation and Corrections, the Ohio Revised Code (ORC) Section 2967.07 requires that all applications for clemency be made in writing to the Adult Parole Authority (APA). Only the person seeking clemency or their legal representative can apply for amnesty. The Governor may also direct the Parole Board to investigate and examine any case for the propriety of clemency.

As part of the APA, the Parole Board's role in the clemency process includes non-death and death penalty cases. In non-death penalty cases, the Parole Board reviews all written applications and decides whether to further consider the merits of an application at a hearing or submit an unfavorable recommendation to the Governor without further consideration."

Hearings are conducted when the application appears to have merit. The hearing allows the Parole Board to meet with the applicant and provide statutory notice to interested parties, who may also choose to attend the hearing." According to dictionary.com, merit means something that deserves or justifies a reward or commendation. "By no means does Porter deserve an award, but by all means, he deserves to have his sentence re-examined - reduced with the possibility of parole. A five-hundred-year sentence is extreme - no one can deny this injustice. He served thirty-three years. They give murderers and rapists lighter sentences and second chances. Why not Frankie Porter? I have followed this story, and I am puzzled. The sentence is an injustice - a miscarriage of Justice - abuse of the system, and I can't understand why people are not outraged," scoffed Jay Williams.

The Governor's Clemency Authority Brief says that "the Ohio Constitution gives the Governor the power, after conviction, to grant commutations, pardons, and reprieves for all crimes and offenses—except treason and cases of impeachment—except treason and cases of impeachment upon— such conditions as the Governor may think proper.

• A commutation is the substitution by the Governor of a lesser for a greater punishment. After commutation, the commuted prison term is the only one in existence. A commutation may be stated in terms of commuting from a named offense to a lesser included offense with a shorter prison term, commuting from a stated prison term in months and years to a shorter prison term in months and years, or commuting from any other stated prison term to a shorter prison term. A stated prison term may be commuted without the consent of the inmate.

• A pardon is the remission of penalty by the Governor. A pardon may be unconditional or conditional.

• A reprieve is the temporary suspension by the Governor of the execution of a sentence or prison term. The Governor may grant a reprieve without the consent of and against the will of the convict."

High Profile Cases, Murder, and Egregious Acts Received Lesser Sentences

Robert Gene Rembert, Jr. Robert Gene Rembert, Jr. (born March 15, 1970) is a serial killer who confessed to killing at least five people in Cleveland, Ohio, between 1997 and 2015. Rembert admitted his guilt at trial. He was sentenced to life imprisonment with a chance for parole in 30 years.

Alton Coleman (November 6, 1955 – April 26, 2002) was a serial killer who, along with accomplice Debra Brown (born November 11, 1962), committed a crime spree across six states between May and July 1984. It is reported that they are responsible for the deaths of eight people. Coleman was executed by the state of Ohio in 2002. Brown was sentenced to death in Ohio and Indiana, but the sentences were later reduced to life imprisonment without parole and 140 years.

Thomas Michael TJ Lane. Chardon High School Shooter, who killed three classmates, pleaded guilty. Sentenced to three life sentences in prison without parole on March 19, 2013

Tirrell Edwards of Warrensville Heights, Ohio, was sentenced to life in prison with parole eligibility after twenty-four years in the (2023) murder of Amanda Williams.

Was There - Is There a Miscarriage of Justice - Sentencing Dispartiy? Is Race a Factor?

During this journey, we discovered that other elements caused Porter to get more time toward his sentence: allegations of escape, threatening witnesses and plotting a bank robbery ten years after his incarceration. "Yes, I was wrong. I was young. I was not thinking. I needed money to pay for a lawyer to help me. I made a stupid mistake. For twenty years, I have been staying out of the way. I earned my GED and received numerous certifications. I am trying. I want a second chance as others have received," Porter said.

Porter's ongoing negative behaviors in 1991 increased his sentence. Is five hundred years in prison the answer? Although it is too late to ask the late conservative Judge Frank J Bayer of Summit County, some people still question and criticize the sentence.

The Scale of JusticePhoto byElena MozhviloonUnsplash

The biggest problem with sentencing disparity is racial discrimination. Does the consequence - the punishment fit the crime? Is Porter's case a miscarriage of Justice? Is the penalty excessive? If someone of another race committed the same offense, would they receive the same sentence? What about the right to be represented? Does representation mean - a qualified and knowledgeable attorney at law, or does it mean representation by those with no vested interest other than helping systems clear their docket for the next case?

"Over the years, my family has hired attorney Frankie for Frankie’s case, but unfortunately, we have never seen any results. Our quest is to see Frankie free, even if it takes the next generation to do it. We, as a family, are determined," Weems commented.

It's been thirty-three years, and Frankie Porter is asking for clemency, a reduction in sentencing. Is it time for the state of Ohio Parole Board to move the needle and ask Ohio's Governor, Mike DeWine, to look carefully into this case that happened nearly thirty-four years ago? The question is, "How long is too long, and how long is not enough?"

If it is true that no one owes Frankie Porter anything, then the system owes all perpetrators, mistake-holders, and owners the same thing. No one should be given a second chance, not even those guilty of jaywalking, assault, drug trafficking, rape, murder, or involvement in political corruption.

We will continue to follow the life of Frankie Porter's plea for clemency to the Ohio Parole Board and Governor Mike DeWine.