[Congressional Record Volume 146, Number 149 (Wednesday, December 6, 2000)]
[Senate]
[Pages S11658-S11660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EARLY PRISON RELEASE
Mr. DORGAN. Mr. President, on November 23 the Washington Post had a
story about a murderer that I want to call to my colleagues' attention.
This is the picture of the alleged murderer, Elmer Spencer, Jr. The
headline of the story reads: ``Sex Offender's Arrest Makes an Issue of
Mandatory Release.''
Let me describe for a moment what I read in the story and how I
related it to things I have spoken about on the floor of the Senate
before and how disappointed I am that nothing ever seems to change.
The young boy who was murdered a couple of weeks ago was a 9-year-old
from Frederick, MD. His name was Christopher Lee Ausherman. He attended
fourth grade at the South Frederick Elementary School. He had two
brothers. The story said he liked Pokemon cards and was developing a
real passion for fishing. He was apparently in his neighborhood, very
close to his home on the street or sidewalk, and then a maintenance
found his badly beaten, naked body in a dugout at McCurdy Field in
Frederick, MD. Christopher Lee Ausherman had been sexually assaulted
and strangled.
The story described how the arrest was made. I want to talk about the
fellow who has been arrested and charged with this murder. The fact
that he was on the streets in this country to murder anyone is
unconscionable and shameful.
Elmer Spencer, Jr. was sentenced to 5 years for assault and battery
in 1977, 23 years ago, and released 3 years later. Within a year of his
release, he raped and attempted to strangle an 11-year-old boy. He paid
him $20 to drink liquor and then tried to strangle him with shoelaces.
Spencer left him unconscious after raping him. The boy regained
consciousness as Elmer Spencer's attention was diverted, and
miraculously escaped. Elmer Spencer was sentenced to 22 years in prison
for that crime and released in 1994 after serving 14 years in prison.
In 1996, Elmer Spencer, Jr. was charged with attempted rape and three
counts of assault. He attacked the police officers responding to the
cries for help from a woman whom he was attempting to rape. He was
sentenced to 10 years, and, amazingly, released on November 14 of this
year, after serving just 3 and a half years.
Five days later, Christopher Lee Ausherman, a 9-year-old boy from
Frederick, MD, was murdered by this man. Five days after being released
from prison, having served 3 and a half years of 10-year sentence, this
pedophile, this man who had attempted murder previously, killed this 9-
year-old boy.
The question is, When will we learn in this country? We know who is
committing the crimes, especially the violent crimes, in most cases. It
is someone who has committed other violent crimes, been put in prison,
and often released early.
[[Page S11659]]
I spoke to the family of this 9-year-old boy. There is not much you
can do to console that family. They are grieving, obviously, for the
loss of this young boy. But I told them some Members are working very
hard to try to change the circumstances of release for violent
prisoners.
I have spoken many times on this floor about other crimes that are
exactly the same--different victims, but exactly the same. Young
Bettina Pruckmayr--I brought her picture to the floor of this Senate--a
26-year-old human rights attorney who moved to this town with such
great expectations and passion to do work in this area. On December 16,
1995, she was at an ATM machine and a man named Leo Gonzales Wright
apprehended her there. He was a man who should have been in prison. He
had committed many previous crimes.
At the age of 19, Leo Gonzales Wright was sentenced to 15 to 60 years
for armed robbery and murder. He was released after 17 years. During
those 17 years, he compiled a record of 38 disciplinary reports and
transfers due to drug use, lack of program involvement, weapons
possession in prison, and assaults on inmates and staff. Despite all
that, he was let out early, so that in December of 1995 he was on the
streets here in Washington, DC. He was able to stab young Bettina
Pruckmayr 38 times. It wasn't that we didn't know he was a violent
offender. He had used a butcher knife just four days earlier to rob and
carjack a female motorist. While on probation and parole, he was picked
up for drugs and let right back out on the streets. As a result,
Bettina Pruckmayr was killed.
Jonathan Hall. I have spoken about Jonathan Hall here on the floor of
the Senate; it is exactly the same story. Jonathan was a 13-year-old
from Fairfax, VA. The boy had some difficulties, but in the newspaper
stories I read about young Jonathan neighbors described him as a smart
young boy, starved for affection. His mother reported him missing in
December, 1995. Twelve days later, his body was found at the bottom of
a pond near his home. He had been stabbed over 60 times with a
phillips-head screwdriver. After this young boy had died, they found
grass between his fingers. Despite being stabbed 60 times, he was not
dead when his attacker left him. This young boy tried to claw his way
out of that pond, and they found grass and mud between his fingers, but
he didn't make it. James Buck Murray, who lived right there in the
neighborhood, killed him. Why was he living there? In 1970, Murray was
sentenced to 20 years for slashing the throat of a cab driver, stealing
the cab, and leaving the driver for dead. But a mere 3 years later,
while on work-releasee, he abducted a woman, was convicted of
kidnapping, and sent back to prison. But again he was let out. And then
young Jonathan Hall, of course, was murdered. By someone we knew? Of
course. By someone violent? Of course. Murray had been put in prison
and released early.
Shame on those who run our prison system. Shame on the laws that
exist, that allow this to happen.
I have asked, in this recent case in Maryland with Christopher Lee
Ausherman, how could it be that a man who has been involved in such
violent crimes--how could it be that, when sentenced to 10 years, he is
released after 3\1/2\? This is after many other crimes, mind you, and 5
days after his release, he kills a 9-year-old boy. How can it be he is
released that early?
The answer? Unforgivable ignorance in the construction of public
policy. I am sorry to say that about those who did it, but I cannot
contain myself. Those who did it say those who served in prison for
previous convictions can accumulate additional good-time credits at an
accelerated pace against their current sentence because they have been
in prison before. That is ignorance. We ought not reward anyone with
ample or better good-time benefits because they served in prison
before. Violent offenders ought to be put in prison and that ought to
be their address until the end of their prison term. End of story.
I am so sick and tired of reading stories about innocent people--and
I have mentioned just three. I have many more. I am so sick and tired
of reading the stories about state governments that allow violent
offenders out of prison to walk up and down the streets of this country
and kill again.
Do you know, if you live in the United States of America you are
seven times more likely to be murdered than if you live in France? The
murder rate in our country is 7 times that of Germany, 6 times that of
Israel, 10 times that of Japan, 7 times that of Spain. Is there
something wrong here? I think so.
Let me show you what is happening in our prison system. For all the
talk about truth in sentencing, if state convicts you of murder in this
country on average you are going to be in prison 10 years. You are
going to get sentenced for 21 years but you are going to be serving
about 10 years in prison for murder. Rape? You can expect to serve
about 5 years in prison. They will sentence you to 10 on average, but
you are only going to be there about 5. For robbery you are going to be
sentenced to a littel over 8 years, perhaps, and you will serve 4
years.
What is the answer to all this? Why are these folks let out early?
Why would we decide in this country that a murderer should only serve
half of his or her sentence? The prison authorities and others who
construct these laws tell us the reason they have to dangle good-time
benefits in front of these prisoners, including violent offenders, is
because it allows the authorities to better manage them while in
prison. In other words, if they behave while in prison they can get out
early. That is a terrific incentive, they say, for prison inmate
management.
I wonder, I ask the question about the management of Elmer Spencer,
Jr. I wonder if I could get names of the people who decided the best
way to manage Elmer Spencer, Jr.'s time in prison was to dangle in
front of him the opportunity to be released 7 years early, so he could
be on the streets in late November of this year and murder a 9-year-old
boy? I guess the word is ``allegedly murdered him'' because he is now
charged with the crime, but am told there is little question about the
guilt in this case.
I wonder if we could have the names of those who have decided it is
appropriate for James ``Buck'' Murray to be on the streets, or Leo
Gonzales Wright to be on the streets after being convicted of murder,
only to murder again; violent criminals to be back on the streets so
Bettina and young Jonathan and all the others are victims.
What is the answer? The answer is simple. This is not rocket science.
It is simple. It is to decide as a policy--as I have advocated for some
while, regrettably unsuccessfully--that in this country we distinguish
between those who commit violent crimes and those who commit nonviolent
crimes. In my judgment, we ought to have a judicial system in America
that says: If you commit a violent act, understand this. All over
America, understand this and listen well: If you commit a violent act,
there will be no good time, there will be no parole, there will be no
time off for good behavior. You will go to prison and the sentence
administered by the judge in your trial will be the sentence that you
serve in prison. No time off for good behavior--period.
We need to do that in this country. I have tried and tried and tried
again in this Senate to advance that public policy, unsuccessfully. But
I am not going to quit. This 106th Congress is ending without great
distinction. We didn't even discuss the issue of violent crime. We
should. I hope we will in the 107th Congress. I hope perhaps there are
Republicans and Democrats who understand that there is nothing partisan
about this issue. But there is a crying need in this country to decide
that violent offenders must be put away and kept away for their entire
term of incarceration.
In 1991, the Bureau of Justice Statistics found there were 156,000
people in State prisons for offenses that they committed while they
were on parole from a previous conviction.
Let me say that again because it is important: 156,000 people were
incarcerated for criminal offenses that they committed while they were
out on parole from a previous prison sentence.
That is exactly the case in the description of the murder I started
with today. It is exactly the case with Elmer Spencer, Jr., out early
and a 9-year-old is dead. This is not an unusual story. I could speak
for 2 hours and more, and not just about Maryland or Virginia or the
District of Columbia. There is a courageous young woman
[[Page S11660]]
from North Dakota named Julie Schultz. Julie Schultz is a friend of
mine, a mother of three from Burlington, ND. She was going to a League
of Cities meeting in Williston, ND, on a quiet North Dakota highway on
an afternoon with very little traffic and stopped at a rest stop. At
this rest stop Julie Schultz, mother of three, encountered a man named
Gary Wayne Puckett, who should have been in prison but was released
early in the State of Washington. This issue knows no State boundaries.
He assaulted Julie Schultz and then slit her throat and left her for
dead.
I won't describe the events that allowed her to survive, but they
were quite miraculous. But Gary Wayne Puckett should never have been
near a rest stop on a highway in North Dakota on that day. He was
released early.
Again, we know better than that. State governments should know better
than that. Public policy should know better than that. We can do better
than that.
It is my intention to reintroduce in the coming Congress, in January
in the coming Congress, legislation that I have introduced previously.
That is legislation that would provide financial penalties in the
truth-in-sentencing grants that are given from the Federal Government
to the State government, for those States that fail to enact laws that
eliminate good-time credits, eliminate the dangling of time off for
good behavior. My legislation will use these funds to provide financial
incentives for states that say, instead, by statute: If you are
convicted of a violent crime, understand your address will be your jail
cell until the end of your term.
When and if we do that in this country, finally, innocent people
walking up and down the streets of America will not be threatened by a
violent murderer, a kidnaper, a killer, a rapist, someone who is let
out early, and poses a severe threat to innocent citizens like
Christopher Lee Ausherman.
Mr. President, my understanding is the Senate is now in morning
business but there will be additional debate on bankruptcy; is that
correct?
The PRESIDING OFFICER. At the conclusion of the Senator's remarks,
Senator Grassley will be recognized to speak on the bankruptcy bill.
Mr. DORGAN. Mr. President, as soon as Senator Grassley comes to the
floor, I will be happy to relinquish the floor. I want to speak for 2
minutes on another subject. As soon as he comes, I will suspend.
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