Wrongfully Convicted to 40 Years in Prison (18 years old)

There are times when the choices we make in life are merely inconsequential; they have no significant affect on us one way or the other. Other times, the decisions we make will have a grave influence on the narrative of our lives. As children, we are unaware of the power that lies within those choices. Our minds cannot comprehend that the balance between making the right or wrong decision can in an instant tear down the walls of all that we have worked so hard to build. Such is the case in Kwayera’s story of how he came to be where he is today.

In 1998, Kwayera K. Jackson was a student, a son, a brother, a nephew, a cousin, a grandson, and a friend to many. He was also an 18 year-old all-star athlete and a football player in Edwardsville, Illinois, who would choose to give up his dream of playing for a major university so that he may be a father to his child. Upon hearing the news of his girlfriend’s pregnancy, Kwayera enrolled in a local community college so that he could be present for the birth- and raising of- their son, and the two young parents-to-be moved into a home of their own to raise their child, Keyonte.

After Keyonte’s birth, and when the infant was around five months old, Kwayera began to notice that the child was not developing as rapidly as other infants he has been around. One of Kwayera’s greatest hopes for his son was that he would someday grow to be an athlete much like his father. So, Kwayera perceived that Keyonte’s inability to develop at a similar rate, as the other infants, would place the child at a disadvantage. In his naiveté, he did not understand that infants tend to develop at various rates and that his son’s development was, in fact, perfectly normal. So, when Kwayera came across a magazine article that advocated baby exercises as a means to improve the mechanics in young children, he foolishly construed this as meaning that it would be acceptable for him to perform, what he called, muscle strengthening exercises on his son. This included, but was not limited to, attempting to strengthen his son’s abdominal muscles. It was these exercises in particular that would ultimately contribute to the death of five month-old, Keyonte Jackson.

Kwayera’s hired attorney did very little to substantiate the soundness of Kwayera’s innocence. The attorney was ineffective in that his entire defense was centered around diminished capacity, which is an argument that focuses on the mental state of a defendant at the time of his or her crime. This was important for Kwayera to establish before a jury so that he could prove that it was his youth incompetency at parenting that led to the death of Keyonte and not that he was some cold-hearted murderer. In order to establish this particular defense, Kwayera’s attorney would have to produce expert witnesses that would testify on his client’s behalf. These experts include pathologists, psychiatrists, psychologists, social workers, etc. Kwayera’s attorney failed to present one expert witness to testify before the jury, nor did his attorney ever call a single character witness to testify on Kwayera’s behalf. He, instead, placed Kwayera on the witness stand to act as the sole witness testifying in his own defense. He did so with full knowledge that Kwayera was not in a mental/emotional state healthy enough, due to the devastation and depression from losing his son, to act as the sole means of his defense. In fact, Kwayera had barely spoken at all, to anyone, between 1998 and 2000 as a result of his severe depression. His attorney was well aware that having him testify on his own would not be in Kwayera’s best interest legally, mentally, and emotionally.

The crux of this inexplicable decision by Kwayera’s attorney to have him act as his only witness can be found within the prosecution’s case. The argument of the prosecution was that the cause of Keyonte’s death was blunt trauma to the abdomen, with a contributing factor being a contusion to his forehead; all of which was allegedly caused on the same day. The implication was that the combination of both acts was what lead to Keyonte’s death; that he had been beaten to death by his father, and without one act the other would not have necessarily caused death. Although Kwayera never refuted that it was his negligence that caused his son’s death, he adamantly denied having inflicted any such contusion upon his son in the manner that the prosecution described. In fact, he argued that there was documented evidence proving there could never have been a so-called contributing factor to his son’s passing; that the state’s own witness had testified to seeing a small discoloration on the baby’s forehead (in the exact location of the contributing factor) a day prior to his death. Further, Kwayera provided his a attorney with a photograph of Keyonte taken several days before his passing that clearly depicts the fact that this alleged contributing factor had been present days prior to his demise. Kwayera’s attorney’s failure to effectively present this evidence before the jury, along with an expert witness’ testimony would discredit the State’s argument of murder, and left Kwayera with a shoddy defense which was easily overshadowed by the State’s Medical Examiner. Additionally, upon finding his son not breathing in his crib, Kwayera attempted to administer CPR (and had improperly done so due to a lack of knowledge of how to properly administer such techniques on an infant) on Keyonte prior to the paramedic’s arrival. This fact was never considered in his defense, as it is well-understood that improperly administered CPR in an infant can cause severe internal injuries, and even death.

The forensic pathologist for Madison County, Illinois, who determined the cause of Keyonte’s death, had been under scrutiny by previous employers a minimum of two times for misrepresenting autopsy reports. Shortly after Kwayera’s imprisonment, this same medical examiner was forced to resign her position with Madison County for misdiagnosing the autopsy of a two year-old child. Although her report was what fuel the State’s pursuit of first-degree murder charges against Kwayera, his attorney never properly vetted this medical examiner nor did he contest her report. Had he done so, had Kwayera had his own defense medical expert carefully scrutinizing her report, it would have undoubtedly been revealed that there could not have been a so-called “contributing factor” in Keyonte’s death. Thus, this would have erased the implication that Keyonte was beaten to death. It would, in essence, make clearer the stark contrast between first-degree murder and involuntary manslaughter.

After an arduous and discouraging, five-day trial, Kwayera was convicted of first-degree murder by all all-white jury. He was sentenced to 40 years in maximum security prison under the truth-in-sentencing legislation, with no possibility of earning good-conduct credit towards his sentence or being paroled. The charge of involuntary manslaughter was never an option for the State’s Attorney, because, in the State’s mind, Kwayera’s actions were intentional. The fundamental difference in manslaughter and murder is that manslaughter shows culpability without intent, while murder shows that an action was done purposefully, intentionally, and with knowledge that those actions create a strong probability of death or great bodily harm. Although it can be argued that Kwayera’s actions created a strong probability of death, it was never proven by the State that these actions were committed with the expressed purpose of causing great bodily harm or death. The State never proved that there was an intent on Kwayera’s part to kill.

To remain consistent with his ineffective theme, Kwayera’s attorney never appealed the 40-year sentence, citing that it would be a waste of time to do so, as the appeal would go before the same judge who sentenced him. This poor legal advice annihilated Kwayera’s direct appeal because the State used it against him, pointing out that he should have appealed the sentence prior to his direct appeal. Failure to do so relieved him of any right to appeal his sentence in the future. As a result, his direct appeal was denied, leaving him virtually no option in which to contest his sentence.

Losing a child as a result of his own actions is something Kwayera has lived with, and will have to continue living with everyday, regardless of his place of residence. By all accounts, he was once a dutiful father; an employed and productive member of society and had never been involved with the judicial system prior to this incident. Never could he have imagined that he would make such a poor choice or that one ill-conceived decision would forever alter his path toward becoming a success in life. His current predicament is something that has been very trying for him and he continues to struggle with the pain he has caused so many with his reckless actions. And yet, in spite of his circumstances, Kwayera has made it his mission to better himself in every area of his life.

Since his incarceration nearly 13 years ago, Kwayera has become a prolific writer and is striving to become a published author. Educational opportunities in Illinois maximum security prisons have become non-existent; despite this fact, Kwayera has utilized his time seeking out his own educational endeavors. He has become adept in spirituality, philosophy, science, astronomy, meditation, world history, politics, religion, and economics. He has used this experience to self-educate and grow as a man and as a human being. Kwayera offers love, compassion, and guidance to all who he encounters; hoping to, in some way, add volume to the characters of others instead of diminishing them; hoping that they, too, will add to his.

Kwayera has a well-developed website which he will use to create his own financial security through book sales, speaking engagements, and youth empowerment seminars across the nation once he obtains his freedom.

Currently, Kwayera has obtained competent legal representation and the support of the John Howard Association of Illinois. Kwayera’s loving family, supportive friends, and a host of well-wishers across the globe are all anxiously awaiting his release… 

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“Remember Those in Prison as if You Were Their Fellow Prisoners, and Those Mistreated as if You Yourselves Were Suffering”
(Hebrews 13:3-5)

Automaton Truth Laws

The Illinois prison system has been corroded over the years by an influx of prisoners systematically placed there by the automaton that is Truth-in-Sentencing. Maximum security penitentiaries have been affected the most by these sentencing guidelines; turning them from centers of education & rehabilitation to death camps geared towards the act of punishing its occupants, offering nothing more. This dissolution of the betterment of mankind is encouraged further by the cessation of all rehabilitative & educational programs within maximum security prisons; an undermining of the Unified Code of Corrections (c), (d), and outright violation of the Illinois Constitution. These laws refuse to acknowledge the various spectrums that make up the human collective & the propensity the mind within those spectrums have to correct or better itself. Consequently, the entire prison system has taken on an ominous air that has permeated both prisoner & prison official, resulting in an intercircular deterioration of human advancement that, ultimately, percolates into the “free-world.” If there is no restructuring of these laws, they will continue to help contribute to the steadily rising deficit that is anchoring the state of Illinois under water.

In spite of its original intent, Truth-in-Sentencing(truth) laws have taken on an entity all its own that does nothing to curb the problem with violence in Illinois. Most natives of this state are familiar with its history of violence. Therefore, there is no need for this writer to delve into that history any further than what is already understood between fellow natives. That having been said, the history of violence in Illinois is indisputable, rising incrementally throughout the years. As a result of this perpetual violence, lawmakers gradually became more & more tough on crime which, eventually, led to the enactment of “truth” laws. Its original intent was to not only punish those who commit violent crimes, but to discourage others from committing similar acts. Although this line of reasoning is understandable, “truth” laws have done little to deter criminals. It has, in fact, contributed mostly in the overcrowding of Illinois state prisons.

Due to this overcrowding, prisons across the state that were built to only house 30,000 prisoners now house over 45,000 prisoners. The state’s escalating deficit influences the amount of money rationed to each prison from the state’s budget. To adjust to this dwindling budget, maximum security prisons have stripped all educational & rehabilitative programs that were being financed by the State, thereby, transforming those prisons from playgrounds of education and rehabilitation to death valleys of pestilence & nothing more. Prisons are a very necessary entity built for those who commit crimes or who are otherwise unable to be wholly functional, productive citizens of society. But, to reduce the role of prisons to housing units constructed solely to incapacitate humans seems a bit inhumane.

When “truth” laws were initially enacted, those voting for it did so without understanding fully the impact it would have not only on the financial structure of the state’s prisons, but also the vacuum it would leave in the family structure in terms of the voids left in the lives of children whose fathers have elaborate prison terms to serve. Lawmakers never took into account the effect that prisons with no means of rehabilitation would have on the minds of individuals who (evidenced by their own incarceration) already have some form of mental defect or instability that needs to be addressed, nurtured & corrected. They never factored in how the lack of access to rehabilitative programs would, ultimately, affect the children of fathers who have no positive re-enforcing tools to share with them; children who potentially grow to commit crimes themselves (sometimes violent) further contributing to the overflow of prisoners in Illinois prisons.

Truth-in-Sentencing seems like a pristine & effective law on the surface, but what lies underneath is a cauldron of inadequacy and convolution. The enforcement of this law does little to motivate positive re-enforcement, nor rehabilitation. It is the direct antithesis of what the Illinois Unified Code of Corrections constitutes (c), (d), and is in blatant violation of the Illinois Constitution. Both require that punishment be proportionate to the seriousness of the offense & recognize an offender’s potential for rehabilitation (art. 1 & subsection 11). Truth laws do very little to, “prevent arbitrary or oppressive treatment of persons or delinquents,” and it does absolutely nothing to, “restore offenders to useful citizenship.” If it is the State’s contention to solely house prisoners then the lack of rehabilitative programs in maximum security prisons is not an issue. It would only become one when the machine of death in which prisoners are housed ceases to only affect those sentenced under “truth” laws; those who, by definition of the law, would have to spend virtually their entire lives in prison. But, the sobering reality is that the houses of pestilence to which “truth” laws have helped to create do not solely house violent criminals or criminals with lengthy sentences. The turnover rate of Illinois prisons has been so immensely affected by “truth” laws that, inevitably, those who would ordinarily serve short stints in medium security prisons (where there are an assortment of rehab & educational programs) are forced to serve large portions of their time inside of this valley of desolance that are maximum security prisons. One must ask the question, “What becomes of those people who are subjected to this reckless, irresponsible influence of negative re-enforcement promoted by prisons once they are released back into society?” Statistics will, undoubtedly, show that these are among the many who contribute to the recidivism rate in the state of Illinois.

The most dangerous aspect of the “truth” laws is its use as an automaton; a machine that supposes to know without equivocation that everyone who commit’s a class x felony or murder is deserving of a life sentence (regardless of the circumstances of the crime) and are, therefore, amongst the unredeemable. It purports that there is no rationale in rehabilitating class x felons, and those who commit the act of murder, nor should they be given an opportunity at redemption. It is common logic to say that not all who commit violent crimes are able to be rehabilitated. But, the “truth” law professes that those who committed crimes before June 19, 1998 are more deserving of a second chance in life than those sentenced under “truth” guidelines. It supposes that those sentenced under “truth” laws are less redeemable than all others; irrespective of the person & the circumstances of his or her crime. The inefficiency of “truth” laws fails to take into account the rehabilitative potential of “first-time” felons; those who, were they to be given a chance to rehabilitate & educate themselves along with a reasonable sentence that would allow them the time to capitalize on those learned tools, would more than likely become productive citizens; never to return to prison again.

“Truth” guidelines state that the good conduct credit (that, incidentally, is also attached to rehabilitative programs) afforded to prisoners is only applicable to those who have not been sentenced under “truth” laws; more specifically, those who have committed the act of murder. The implication is that all murderers are unworthy of both rehab & redemption; as if to say that they are a broken species that can never be mended. Incidentally, it is lower level criminals with light sentences who tend to become repeat offenders; regardless of how much access they are given to various programs. Thus, giving prisoners incentives to better themselves becomes less about the prospect of a prisoner’s rehabilitative qualities & more about whether or not he or she has committed an egregious act that the courts deem both reprehensible & unforgivable. Ultimately, the courts reward those who continue to come to prison with incentives, not those who are making viable efforts to correct within themselves the wrongs or fallacies that contributed to their imprisonment.

No more sound an example can be found than that of the recent hostage situation in Pickneyville. This repeated sex offender, who was serving a respectively short sentence for sexual battery, determined that it was rational to attack-and take hostage-an elderly woman, resulting in what prison officials felt was a justifiable death. Now, to psychoanalyze someone this writer knows nothing about would be unfair. But, his action further proves the point of this writer in that this person had access to every rehabilitative tool offered to prisoners, yet he still chose to commit such a reprehensible act. He was someone whom the courts determined was worthy of not only being rehabilitated, but worthy of being given a chance to redeem himself once he returned to society. Although it is not this writer’s intention to imply that all offenders (of whatever sort) share in the distorted mind-set of this repeated sex offender, his actions establishes the argument that the law can not accurately assess who is & who is not among the redeemable based solely on the class of crime that person commits.

This writer has witnessed prison’s calloused hands choke the very life out of some. He has witnessed the air of misery become so unbearably dense that, instead of enduring a tedious & suffocating death, some have taken their own lives in order to escape their emotional tumult. Others lose hope in the promise of life, choosing instead to allow themselves to give in to any & every whimsical thought that invades their head; irrespective of how grossly irrational the thought may be. They eventually allow their minds to deteriorate to a level of complete irrationality; at times acting out in a way that reflects this mind-set. This is the precariousness of the unchecked mind; it wanders and has the propensity to lash out at whomever at any given moment.

Charles Fasano, prisoner monitor for the John Howard Association, stated that tough-on-crime policies of the past three decades are now haunting the state of Illinois. Since 2002, state employees have been reduced by 25%. Due to the state’s dwindling budget, Illinois prisons have been adversely affected. It has caused most prisons to lay off a fair portion of its correctional officers. There is currently a call for a “modernized tax structure (within the state that includes the raising of both income & corporate taxes). The intimation is that, without the passage of a tax increase, state employees will continue to face layoffs. Consequently, these layoffs have contributed to a layer of stress within correctional officers that festers & eventually spills over into the prison atmosphere; an atmosphere that is already laced with volatility. So, the constant threat of being laid off & other stresses of life causes some officers to take their frustrations out on selective prisoners; inflaming an already blazing fire of tension. Add to the equation the whimsical ignorance of an unchecked, malnourished mind that wanders haphazardly from the lack of being mentally stimulated, intellectually challenged or rehabilitated; and the atmosphere within maximum security prisons has the potential to combust.

In conclusion, the Illinois prison system’s gradual increase of prisoners is being greatly influenced by “truth” laws. The maximum security prisons have been reduced from centers of correction to facilities constructed solely to house bodies. Subsequently, this has helped to create institutions of psychological death and contributes nothing to the advancement of mankind. The courts’ way of punishing those sentenced under “truth” laws is by depriving them of access to any means of rehabilitation, stripping them of all good conduct credit and stifling any hopes of having a second chance at life. But, lawmakers never accounted for the full ramifications of Truth-in-Sentencing when voting it into law. This practice is not only in direct violation of the Illinois Constitution (art. 1 subsection 11), it is the antithesis of what the Unified Code of Corrections (c), (d) constitutes. Both require that punishment be proportionate to the seriousness of the offense and recognize an offender‘s potential for rehabilitation. Truth laws do nothing to address the mental conflictions that has afflicted the minds of humans for centuries; the same mental ineptitude that causes them to commit crimes to this very day. To simply lock this disturbed, troubled mind away, housing it in prison without even an attempt to nurture & correct it, is not efficient enough a practice to make a positive difference in this world. That mind, that ignorance is not only being bred in the “free-world”, once confined, it is placed within a cocoon of depravity that further cultivates, enables & pacifies ignorance. This line of reasoning, this policy would not be an issue if it is the State’s contention to ignore the Illinois Unified Code of Corrections & brazenly promote the degradation & debilitation of the prisoners housed in maximum security prisons. If this is not the State’s intention then the truth cannot be ignored. Therefore, strong consideration should be given to the reassessment & restructuring of “truth” laws. At the very least, lawmakers should acquiesce that “truth” laws do nothing to address the essence of the problem with violence in Illinois & only contributes to the overcrowding of prisons; an issue that further exacerbates the State’s deficit. These guidelines do not weed out those who can not be wholly functional citizens, giving second & third chances to those who only end up becoming a part of the recidivism rate in the state. Meanwhile, “first-time” felons & others who have no prior criminal history; those who may show potential of being productive citizens and have the capacity to actually contribute to society get lost within the automaton that is Truth-in-Sentencing.

Adolescence Lasts Into Twenties

In 1998, my life was turned upside down when my 18 year old child was accused, prosecuted, & convicted of killing his 5 month old baby.  He was sentenced to 40 years in prison, with no chance of parole.  The love I had for my grandchild has no less deminished over this 12 year period than the  love I have  for my son today.  I miss them both terriby, and only wish that others knew the man my son has developed into since his childhood adolescent years.  I believe teenagers should be accountable for their actions; however, I don’t feel justice has been served in this case.  The judge had the power to sentence him to 20 years under the truth-in-sentencing law (which maintains he has to do day-for-day with no good-time credit).  With no prior involvment with the judicial system, she had the descretion to choose the lighter sentence.  Subsequently, she expressed her desire to send a clear message to others in the community, “this is what happens when you kill our babies,” and she did just that!  She sentenced this 18 year old boy to 40 years in prison, essentially ending his life.  Children should not be sentenced to life sentences.  Studies revealed that the human brain continues to develop longer into the teenage years and adulthood than previously believed.

Just when does an adolescent transform into a mature, responsible adult? Some parents who are still cooking, washing and picking up after their 18 year old offspring may suspect the answer is never. These parents may feel vindicated when they hear of two Dartmouth researchers who claim that a person’s brain continues developing toward adult maturity well into their early twenties.

“Researchers Abigail Baird and Craig Bennett say their research, appearing in the journal Human Brain Mapping, has helped them achieve a better understanding of when key structural changes cease in the brain, and the physiological onset of adulthood begins.

Their research consisted of examining the brains of 18-year-old Dartmouth freshmen students who had just relocated themselves in order to attend the college.

To achieve comparative results, a group of older students, aged 25 to 35, were used as a control group. “During the first year of college, especially at a residential college, students have many new experiences,” says Baird. “They are faced with new cognitive, social, and emotional challenges. We thought it was important to document and learn from the changes taking place in their brains.”

The team’s experiment returned results that were consistent with their initial hypothesis; that there are significant changes taking place in the brains of people beyond age 18. The researchers say that the changes were localized to areas of the brain that integrate emotion and cognition. These areas of the brain are important, and in combination act as the interface between our internal emotional world and our perception of the external environments in which we live.

The brain of an 18-year-old college freshman is still far from resembling the brain of someone in their mid-twenties,” says Bennett. “When do we reach adulthood? It might be much later than we traditionally think.

The team’s accomplishment is an important addition to a mounting body of research committed to the period of human development between adolescence and adulthood. Research such as this may one day inform parents about what their children are going through psychologically as they grow toward the responsibilities of adulthood, and, more importantly, when and how they are likely to get there. Is it possible that “protecting” adolescents from worldly experiences may actually stunt their progress toward adulthood? Perhaps this research should come as a warning to parents that wrapping kids in cotton wool will not ultimately help them develop their mental faculties as much as sending them out into the big-bad-world will.”  Adolscence lasts well into the twenties, the brain is not done maturing; should society sentence youngsters to life in prison under these circumstances?  I think not.

Words can never accurately expressed the pain & anguish I’ve experienced during this tedious period, so I won’t attempt to describe it.  However, after 12 years of emotional healing I can now extend my hand to other families who has experienced similar situations & feel they’re all alone.  When a loved-one is arrested, convicted, & sentenced for any crime, families are often times forgotten & not considered in the equation.  Children go through their own personal sense of trauma, unique to only them.  Parents are often not equipped emotionally, mentally, socially, or intellectually to deal with the dynamics involved in such a stigmatizing dilemma.  Trauma can be very crippling & debilitating, and children aren’t typically able to verbally express their internal pain.  The entire family is wounded by incarcerations of loved-ones, and healing involves working with the whole system (including the incarcerated loved-one).

If you can identify with this blog, or you personally know someone impacted by a loved-one’s incarceration…please refer them to our website  www.kwayerajackson.weebly.com or contact us for support at kwayerajackson@aol.com.  Any donations to our legal fund will be used specifically towards Kwayera’s freedom.  Thanks in advance!

Creat Peace & Love,

Supporters of Kwayera K. Jackson