Wednesday, May 16, 2012

Mothers and Mandatory Minimums

This Mother's Day was another bittersweet one for Janet Earle. At 78, she has outlived two of her three sons. A dozen years ago, she lost her third son, Scott, through the cracks of Florida's criminal justice system. That Scott remains in a Florida prison is as useless for public safety as it is heartbreaking to Janet Earle.

Janet Earle's story is unique because her son's sentence is so unwarranted. Scott's drug conviction was not the result of evil intent, but rather of a sadly common combination of addiction and bad judgment. Scott began using painkillers after he suffered a sports injury as a teenager. He did not become an addict, however, until after he was involved in several car accidents. His dependence on the medication grew until he was taking over a dozen pills each day. Janet Earle didn't notice her son's addiction because during this time he worked full-time at an auto dealership and moonlighted as a musician.

In September 1995, Scott was admitted to the emergency room for a painful diverticulitis attack. The doctor prescribed him Vicodin. Several days later, Scott's roommate introduced him to a beautiful woman at a neighborhood bar. After getting drinks with Scott and learning of his recent hospital visit, the woman asked him if she could have some of his pills for her back pain. Scott obliged. Unbeknownst to him, however, the woman was an undercover police officer.

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