Pubdate: Fri, 11 Mar 2011
Source: AlterNet (US Web)
Copyright: 2011 Independent Media Institute
Website: http://www.alternet.org/
Author: Tony Papa
Note: Anthony Papa, author of 15 To Life: How I Painted My Way To 
Freedom, is a communications specialist for the Drug Policy Alliance.

THE PASSING OF A DRUG REFORM HERO

RETIRED JUDGE JEROME MARKS

Marks Devoted His Life to Change NY's Draconian Rockefeller Drug Laws 
and Helped Secure Clemency for Prisoners Rotting Away in Prison for 
Their Roles in Minor Drug Crimes.

There are heroes and then there are heroes.

My good friend Judge Jerry Marks, a former New York Supreme Court
Justice, was a hero's hero. On March 9, he died at age 95. Judge Marks
had a long and distinguished career as a New York elected official and
jurist.

He served as state representative for six years beginning in 1963, and
later as a Supreme Court Justice until he retired in 1992. In his
retirement, Marks devoted his life to change New York's draconian
Rockefeller drug laws and helped secure clemency for prisoners rotting
away in prison for their roles in minor drug crimes.

I knew Judge Marks from my work as a Rockefeller Drug law activist and
the tireless work he did to help Rock Law offenders receive their
freedom. Both as a friend and a mentor, Judge Marks influenced me to
follow his path to become a freedom fighter and to fight for justice
for the marginalized and disenfranchised.

In 1999, New York Times columnist Bob Herbert wrote a beautiful piece
titled "Angela's Champion." One of the cases that caught Justice
Marks's attention in The New York Law Journal was that of Angela
Thompson, who was arrested in 1988 at age 17 for selling two ounces of
cocaine to an undercover cop. She had no previous record and was
acting at the direction of her uncle and legal guardian, who was a
drug dealer. Nevertheless, under the strict terms of the Rockefeller
drug laws, Ms. Thompson was sentenced to 15 years to life in prison.

When Judge Marks read about the case he knew it was a case of
injustice and immediately began the process of successfully launching
a campaign to acquire executive clemency for Angela from former New
York Gov. George Pataki.

His close friends called him "The Judge." He had a quick wit, even in
his late years.

He was also a poet and from time to time, especially in front of an
audience; use to love to recite his often political laced poetry.
Political comedian, Randy Credico, who recently ran against Sen.
Charles Schumer, and I were honored to have dinner with The Judge
every Friday night for years.

We often discussed the concept of justice over a martini and he
schooled us well. Credico, in remembering The Judge told me, "Judge
Marks used his power to save rather than destroy lives and was the
embodiment of the word justice.

He was a servant and not the master of concept of justice.

Unlike the men and women who wear robes who hypocritically pass
judgment of the poor, the disaffected and the hopeless in the current
base, corrupt and Kafkaesque world of criminal justice. Judge Marks
served God's natural law rather than man's artificial law".

Terrance Stevens' case was another that Judge Marks took on. The Judge
helped Stevens, who at the time of his arrest was paralyzed from
muscular dystrophy, secure clemency from Gov. Pataki. But being
confined to a wheel chair did not stop the State of New York from
sentencing him to 15 years to life. The judge in Stevens' case did not
want to sentence him under the mandatory provisions of the law but he
had no choice. While serving his sentence at Green Haven Correctional
Facility in Stormville, an article appeared in the NY Times detailing
Stevens' plight. Judge Marks wrote him and a friendship developed,
leading Marks to champion his cause.

Judge Jerry Marks had a great impact, not only on the people he helped
but also the hundreds of lives that were saved through the Rockefeller
reforms he advocated for. He is gone but his good deeds as a procurer
of justice will let his spirit live on forever.

Judge Marks was the loving husband of Julie and the devoted father of
Gail and the late Lorna and dear father-in-law of Neil and Joseph and
cherished grandfather of Kyle, Kane and Casey. Funeral services will
be held at Frank E. Campbell Funeral Home, 1076 Madison Avenue (81st
St.) on 3/13/11/ at 3:30pm.
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