Larry R. Froelich
Attorney and Counselor at Law
200 W. Center Suite 10
Fayetteville, Arkansas 72701
Phone (479) 521-3939
February 28, 2014
Kedrick Trevon Darrough, Sr.
PO Box 180
Brickeys, AR 72320
Thank you for your recent letter. I want to reintroduce you to my work. Some of this may have been covered in my earlier letters to you, but I want you to see the latest summary of what is underway and, in particular, to inform you about a lawsuit planned to have many of these excessive drug sentences declared illegal as cruel and unusual punishment.
As you know, punishments for many drug offenses have been reduced. As a result, there are many men in prison under sentences that are no longer lawful. I have an active state-wide campaign in pass legislation that would make that group eligible for parole based on reduced punishments. For example, if the old punishment for your crime was 40 years to life, and the new punishment for the same crime is 20 years, then you would be eligible for parole if you had been sentenced to 20 years. Friends and family of inmates from all across Arkansas and far away are part of that campaign. The campaign is doing well and, if it continues to expand as I expect, the legislation could become law in 2015.
In addition to the political campaign, I am also preparing a mass action lawsuit to have these excessive punishments declared to be cruel and unusual punishment. The lawsuit will help the campaign and the campaign will help the lawsuit.
I will now attempt to explain specifically who would benefit from the lawsuit and thus be eligible as a plaintiff.
If you were convicted of possession of either cocaine or methamphetamine, then you will benefit from the campaign and are eligible to join in the lawsuit as follows: If the amount you possessed was under 2 grams and your sentence is over 6 years. If the amount was between 2 and 10 grams and your sentence is over 10 years, then you would benefit. Likewise, if the amount was over 10 grams but less than 200 grams, and your sentence is more than 20 years.
If you were convicted of delivery, or possession with intent to deliver, of cocaine or methamphetamine, then you will benefit from the campaign and are eligible to join in the lawsuit as follows: If the amount involved was less than 2 grams and your sentence is more than 10 years, or if the amount involved was more than 2 grams but less than 10 grams, and your sentence is more than 20 years.
The punishment for sale, or possession with intent to deliver, marijuana was reduced by Act 570 of 2011. Delivery of less than 14 grams is now a misdemeanor. Delivery or possession with intent to deliver between 14 grams and 4 ounces is now a Class D felony, with a maximum punishment of 6 years. Between 4 ounces and 25 pounds is now a Class C felony, maximum punishment is 10 years; between 25 and 200 pounds is a Class C felony, maximum punishment 20 years.
There were similar reductions for cultivation of marijuana. Growing under 14 grams is a misdemeanor. Between 14 grams and 4 ounces is now a Class D felony, up to six years. For between 4 ounces and 25 pounds, the maximum is now 10 years, and between 25 to 100 pounds, the maximum is 20 years. If your sentence exceeds those now allowed by law, then you will benefit from the campaign and are eligible to be a plaintiff in the legal action.
I hope you can determine from this outline if any of your sentences exceed what is now allowed by law. If so, you are definitely eligible to join in the lawsuit. If at least 15 inmates can raise $450 each, then I can proceed with legal action on their behalf. If 15 inmates cannot be found, the $450 will be returned. I hope and believe that the family and friends of any inmate who wants to join can raise $450. The key is the multiplication factor. 15 or more will provide enough money to proceed.
I am not sure which of your documents I have in my possession. In order for me to be able to prove an inmate is eligible to join in the lawsuit, I eventually must see copies of two documents from your original case file: the Affidavit of Probable Cause, which is the document where the police sets forth why they want you to be arrested and charged, and your Judgment and Commitment Order. In your case, I already have your Judgment and Commitment Order, but I will still need the Affidavit.
Please let me know if you are eligible and would like to join in this legal action. In addition, if you know of any other inmates who might be eligible to join, please have them contact me. I hope things are as well with you as they can be under the circumstances.
2015 may 31
2014 mar 28
2014 mar 28
2013 may 29
2013 may 11
2013 may 11