Sally Smith - Michigan#229578
State: Michigan
Sentence: Life without parole
Offense: Conspiracy to possess with intent to deliver over 650 grams of cocaine
Date of Sentencing: 2/17/93
Date of Birth: 12/10/56
Priors: Possession of marijuana (misdemeanor, 1976); in park after hours
Parole Eligibility Date: 4/9/2009
Nature of Offense: Sally’s conviction was based on two phone calls she allegedly made to collect funds for her boyfriend and two receipts she signed for a cash exchange. According to the prosecution, Sally received free cocaine and lived a “lavish” lifestyle for her complicity in the conspiracy. After her boyfriend's initial arrest on drugs charges, Sally fled to her grandmother’s residence and was arrested six months later. When she returned to Michigan, she and her boyfriend reunited after they were released on bond. They fled and were arrested six months later in Michigan.
There is extensive evidence, including testimony by her boyfriend's children that he viciously and systematically abused Sally during their 17-year relationship. She was beaten as often as five days out of seven. He beat her with close fists, frying pans and a baseball bat until she was unconscious. He struck her with the thick end of a pool cue across the knees while she was seated, stabbed her with a knife repeatedly, broke her nose, dumped hot food and garbage on her because she made too much noise in the kitchen, made her eat dog food, spit on her regularly, struck her in the head with a bowling pin, broke a chair over her, and kept her in a closet until her wounds healed, for up to a week at a time. After particularly vicious beatings, her boyfriend would stand her in front of a mirror, make her look into it, and say what a “pig” she was, that she was useless and no good.
Her boyfriend threatened to kill her if she left him. He also threatened to kill one of her family members, most likely her grandmother, if he could not find her. He often kept her in the closet when family members visited and refused to let them see her. Her boyfriend did not allow her to have any money of her own. If Sally needed to buy groceries or gifts, she was required to bring home a receipt. If the change was not perfect or she failed to get a receipt, she would receive a severe beating.
During the trial, the prosecution and the court restricted evidence of abuse that occurred prior to 1984-1989, the dates of the conspiracy, on the basis that it was too remote to impact Sally’s behavior. An expert on battered women’s syndrome testified on Sally’s behalf. However, the prosecutor prevented the expert from telling the jury that, in her opinion, Sally was suffering from battered women’s syndrome and thus was incapable of exercising free will.
In closing arguments, the prosecutor maintained that the beatings were not so severe as to take away Sally’s free will. He emphasized that the jury had never heard testimony that Sally was hospitalized as a result of the beatings. What the jury did not know is that the prosecutor had succeeded in suppressing the evidence of her hospitalization and the most grotesque abuse.
Mandatory mnimum sentence: Sally was sentenced under Michigan’s infamous “650 Lifer Law”. Prior to 1998, the “650 Lifer Law” mandated life without parole for delivery or conspiracy to deliver 650 grams or more of cocaine or heroin. In 1998, FAMM succeeded in reforming the “650 Lifer Law” penalty and won further reforms of the penalty in 2003. Sally and others who had been convicted under the “650 Lifer Law” became eligible for parole after serving 15, 17.5, or 20 years, after the 1998 reforms. Sally will be eligible for parole after serving 15 years.
Sentences of others involved: Her boyfriendwas sentenced to life without parole. Other co-defendants were punished much less harshly.
Personal background: Sally was born in Madison Heights, Michigan and moved to Belleville, Michigan when she was 15. At age 16, Sally started dating her boyfriend, a married man ten years her senior. Shortly thereafter, Sally quit high school. About three months after their relationship began, her boyfriend beat her with a chair in a motel room so badly she was forced to stay there alone to recover. Soon after that, Sally’s mother moved out and her stepfather was incarcerated on a marijuana charge. Now 17, alone, and responsible for the care of her younger brother and sister, Sally returned to high school. Sally worked for the school psychologist after school and at Pizza Hut on weekends to support herself and her siblings. She continued to see her boyfriend and he continued to beat her.
Shortly thereafter, her boyfriend's wife left him and he moved in with Sally, where the beatings continued. After one particularly brutal beating, she drove herself to the hospital where she received 50-60 stitches and treatment for a broken nose. Sally fabricated a story to explain the injuries and returned to him. She began to drink heavily and using cocaine. Sally supported the family by working as a waitress and went from job to job until her boyfriend efused to let her work. Since her incarceration, Sally has taken various substance abuse and educational courses. She has also obtained an Associate Degree in Business Administration.
Case update: In May 2008, Michigan Governor Jennifer Granholm commuted the sentence of Sally Smith, a longtime FAMM member. She served 15 years of her sentence.
Compiled from inmate information and Pre-Sentence Report.