“confidential informant,” someone who has agreed to rat out others in exchange for immunity. Conspiracy charges are beloved by prosecutors, because they make it much easier to obtain indictments from grand juries and are a great lever for getting people to plead guilty: once one person on a conspiracy indictment rolls over, it’s pretty easy to convince their codefendants that they won’t stand a chance inopen trial. Under a conspiracy charge, I would be sentenced based on the total amount of drugs involved in the operation, not on my small role in it.
In the United States mandatory minimum sentencing was a critical part of the late-twentieth-century “War on Drugs.” Guidelines established by Congress in the 1980s required federal judges to impose set sentences for drug crimes, regardless of the specific circumstances of a case, and without discretion to evaluate the person being sentenced. The federal laws have been widely duplicated by state legislatures. The length of the sentences completely freaked me out: ten, twelve, twenty years. Mandatory minimum sentences for drug offenses are the primary reason that the U.S. prison population has ballooned since the 1980s to over 2.5 million people, a nearly 300 percent increase. We now lock up one out of every hundred adults, far more than any other country in the world.
Gently but firmly, my lawyer explained to me that if I wished to go to trial and fight the conspiracy charge, I would be one of the best defendants he had ever worked with, sympathetic and with a story to tell; but if I lost, I risked the maximum sentence, probably over a decade in prison. If I pleaded guilty, make no mistake, I was going to prison, but for a much shorter time.
I chose the latter. There were some agonizing conversations with Larry and with my still-reeling family. But it was my decision to make. My lawyer negotiated hard and smartly on my behalf, and ultimately the U.S. Attorney’s Office allowed me to plead guilty to money laundering rather than conspiracy, for which they would require a minimum sentence of thirty months in federal prison.
On Halloween Day 1998, Larry and I traveled to Chicago in costume as “teenagers”; maybe my misery was masked by the disguise. That night we hit the town with our friends Gab and Ed, who had no clue about my predicament and thought I was in Chicago for work. The next morning I was standing tall, if pale, in my best suit as we went to the federal building where the court was located. With Larry looking on, I choked out three words that sealed my fate: “Guilty, Your Honor.”
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S HORTLY AFTER I pleaded guilty, something surprising happened. Alaji, the West African drug kingpin, was arrested in London on a U.S. warrant. Suddenly my date with prison was postponed—indefinitely—while the United States tried to extradite him to stand trial. They wanted me in street clothes, not an orange jumpsuit, to testify against him.
There was no end in sight. I spent almost six years under supervision by the feds, reporting monthly to my pretrial supervisor, an earnest young woman with an exuberantly curly mullet and an office in the federal court building down on Pearl Street in Manhattan. Once a month I would go through building security, ride the elevator up to Pretrial Services, and sign in, waiting in a dingy room decorated with inspirational and cautionary posters that reminded me about Perseverance and to Use Condoms. I was often alone in the waiting room. Sometimes I was joined by young black or Latino men, who either sized me up silently or stared straight ahead. The occasional thick-necked older white guy with lots of gold jewelry would appear—and he would look at me with frank surprise. Once in a while there would be another female, never white, sometimes accompanied by children. They always ignored me. When my Miss Finnegan would finally appear and beckon, I would trail her to her office, where we would sit awkwardly for a