RICHARD'S STORY

Richard DeLisi’s reputation as a likeable, loving, polite, generous family man dates back seven decades. Those who were blessed to be his friends were considered and treated like family. Whether it was taking in children whose parents did not adequately care for them, giving his employees, who became family, places to live when they had nowhere to stay, or bringing clothes and food to impoverished Colombians, Richard always has tried to help others. Richard has also been credited with being a positive influence for many of his friends. He has helped his friends gain sobriety, paid for his Vietnam veteran friend’s rehabilitation after he became addicted to heroin trying to cope with PTSD, and guided a teenage employee out of the “party life” and back home to his young child so he could be the type of father Richard told him he should be (a boy who grew up to serve our country as a true hero). These are just some of the examples of acts of kindness Richard was known for before prison. He has been described by almost everyone who knows him as a generous spirit who always took care of those he loved. That’s one of the reasons why incarceration has been so difficult for him. He has had to be on the receiving end of financial and emotional support for the last 32 years while everyday he thrives to give and better those around him in his faith based dorm where he is locked up.

Bars are not barriers to being on the receiving end of love. Numerous family members and childhood friends have never stopped talking to Richard regularly, visiting him when they can and sending money when it’s feasible. If Richard were to be released, he would have substantial community support as he has had over 10 offers from friends and family for him to live with them. While many incarcerated lose their support system after some time, Richard’s support system has grown as his friends and family have never left his side and as more people learn about his unjust 90-year sentence for cannabis and have come to his aid.

Over the last three decades of incarceration, Richard has made it his mission to continue performing good deeds for others. Richard has consistently participated in programs to better his own life and the lives of those around him. When Richard arrived at prison he was unable to read or write as a result of undiagnosed dyslexia that had haunted him since his childhood. Many struggles in life were rooted in Richard’s inability to read. When it would be his turn to read aloud to his classmates, he often would say something outrageous to deflect from his inability to read, the resulting punishment paled in comparison with his embarrassment over what at the time was cruelly called “retardation,” by a priest his mother went to ask for assistance. As a result of the priest’s advice, Richard was put in a mental hospital for about a year, the type of place where he as a 9 year old witnessed horrors straight out of One Flew Over the Cuckoo’s Nest.

A childhood friend turned reading specialist, Ted Feimer, who had seen first hand the struggles endured by Richard at school as a result of his undiagnosed learning disability, identified phonics as a road that would lead Richard to literacy. He sent Richard phonics books, and with many hours of practice and Ted’s assistance, Richard learned to read and write. This newfound ability was one he had to share, Richard’s true joy in life comes from seeing others happy. Richard asked the education director at his prison for the opportunity to teach others to read using phonics, the way he had been taught. So a classroom was set up and those inmates who sought to better themselves through learning the often underappreciated skills of reading and writing were provided the same opportunity to read that Richard had been afforded. Formerly the reading classes at the prison did not use phonics and Richard knew others may need an alternative teaching method, as he had, so he taught them this method himself. The Acting Education Director, Andre Russel, stated in his 1994 letter urging for Richard’s release that, “We gave Richard a classroom with some six or seven men who were unable to read and write. We watched closely. Within months, Richard had each student progressing in reading and writing skills. It was most impressive. And, to be sure, quite unusual for the prison setting.” Further he stated that Richard was “motivated to improve himself and to help others.” Richard’s innovative technique and motivation held true to his core foundation of helping others despite the surrounding circumstances.

Richard has articulated the elation experienced when men would come up and tell him that they’d written their mothers for the very first time. Since family and staying close with them has always been important to Richard, he felt such joy from being able to further his fellow inmate’s communications and connections with their families. Additionally, as a result of teaching these individuals to read, several of them went on to obtain their GED’s, this brought Richard immense pride. The sense of accomplishing such an important basic skill elevated these individuals in an otherwise dismal environment, giving them hope of what they could achieve on the outside. He described his reading classes as truly meaningful and “worth its weight in gold.” Not only did Richard go out of his way to 3 teach these individuals to read, he also provided a service that lessens the chance an offender will commit another crime in the community upon release. A 2009 report by the American Correctional Association concluded that offenders who complete the GED program in prison are 25% less likely to return to prison than offenders who do not obtain their GED.

The Crime/Offense

On September 19, 1988, Richard DeLisi was arrested and charged with Trafficking in Cannabis, Conspiracy to Traffic in Cannabis, and Violation of the Racketeering Influenced and Corrupt Organization Act (RICO). These charges resulted from Richard agreeing to assist with the smuggling of cannabis into Florida from Colombia. Richard, previously in 1975, was convicted of a RICO charge, for smuggling cannabis, as a result when he was released from prison a little over a year later he was in serious financial debt. The RICO law intended for Florida to stymie illegal activity by financially punishing offenders. The DeLisi case was Florida’s first chance to test the law and as a result they confiscated the brothers’ homes, cars, and mostly everything they owned besides their auto body shop. In addition to being stripped of all Richard had owned, he also owed over $50,000 in fees to the state as well as high attorney’s fees. Numerous times during this difficult period, Richard was approached by his old smuggling friend, J.J. White, who told Richard they could be wealthy again if they went back to smuggling cannabis. Richard wanted to only make money legally but because of his debts he eventually agreed to one last smuggling trip. As the Miami New Times article about Richard DeLisi stated, “His friend J.J., a pilot, was going to hook them up with one last planeload of 1,500 pounds. And he was going to do it for free, without taking a cut, so the guys could pay off their attorneys’ fees, get themselves a new house, and bulk up their business.” What Richard did not know was that his friend J.J. White was a paid confidential informant for the Florida Department of Law Enforcement (FDLE) as well as numerous other government agencies.

At trial in 1989, Richard’s attorney argued the defense of entrapment but was unsuccessful. While the Florida sentencing guidelines recommended Richard be sentenced to between 12 and 17 years in prison, the judge decided to give him 3 consecutive 30 year sentences totaling to a 90 year prison term. The judge’s reasons for the upward departure and imposition of the maximum possible sentence were twofold. First, the judge stated Richard and his brother were the ringleaders/organizers of the crime and second, because of an interview Richard did which was perceived as him bragging about making large amounts of money from cannabis smuggling. Richard had given an interview to Geraldo Rivera which was edited down to a short clip that was not reflective of his true character. Geraldo himself came to the trial, embraced Richard, and testified that he was a “remorseful victim of his own trade.” Many think there must have been violence, weapons, or another aggravating factor for the judge to sentence Richard to 90 years but that is not the case. Richard has no history of violence, while the newspapers at the time reported him as “armed and dangerous” he was never even accused of committing any acts of violence. Even while incarcerated, where violence occurs often, Richard has never participated. His friends have described him as a man who would never hurt anyone, in fact that’s why he refused to participate in the illicit industry of substances far more lucrative than cannabis where violence and death was the norm.

Richard's Incarceration

Throughout Richard’s over 32 years of incarceration, he committed himself to education, rehabilitation, and self-improvement. While some inmates try to just pass the time in prison, Richard was determined to use his time while incarcerated to better himself. Richard wrote in a 2008 letter to Governor Crist, “My faith in God gives me hope and joy for mercy, which has carried over into all my activities over the course of my incarceration. I have been committed to education, rehabilitation, hard work, and diligence while in prison, which makes me an excellent candidate for commutation of sentence.” Richard further added, “I have overcome many difficulties, including an inability to read or write due to severe dyslexia. I have been successful in not only analyzing my past behavior but in changing the reasons, therefore. I have formulated and implemented a positive plan for a fruitful, productive life. I have taken full advantage of every opportunity afforded me in prison and have been heralded by prison staff members as the ‘ideal inmate.’” In Richard’s 2008 Clemency application, he submitted many letters from prison staff members who agreed that Richard was the perfect candidate for an exercise of clemency power.

In Richard’s three decades in prison, he only received 5 disciplinary reports (DR’s), with the last one occurring in 2005. These include a visiting violation, disobeying an order, unauthorized absence, disrespect to an official and a telephone violation. Assistant Warden Lawrence at South Bay Correctional Institution said, “all of these DR’s are counted as minor DR’s and a person who has been in prison that long with a total of 5 DR’s says a lot about that individual.” He went on to state that “looking at the length of time in between and the types of DR’s, it’s relatively minor.” Further, he agreed that 5 DR’s for relatively minor disciplinary issues is outstanding for someone who has been incarcerated for over 3 decades. While the assistant warden stated there are people who must be kept in prison to protect the public, Richard was not one of those people. Regarding Richard’s release and him not being a threat to public safety, the assistant warden said, “oh yeah, he is one you will feel confident about, he’s just a nice good old man.” When Richard arrived to prison, he was given the highest level of classification, super-close, which is comparable to maximum security. Through his incarceration the last 32 years, he has successfully obtained the lowest classification level possible, besides a community classification level, minimum security. Richard stated, “I am not a violent man, demonstrated by my ‘lack’ of violent criminal history and excellent behavioral record in prison. Rather, I am responsible, quiet and committed to my family and community. I am not, in any sense of the word, a threat to our society. I have the capacity and determination, for my own and my family’s sake, to be a law abiding, concerned, productive citizen.”

Beyond learning to read and write, Richard also used his time to complete more than 30 self-betterment classes. These courses range from substance abuse programs to faith centered classes to numerous skills training courses. Initially, Richard was often denied the opportunity to participate in programs due to the length of his prison sentence. However, Richard would not give up, he’d let the instructors get to know him and eventually they’d permit his attendance. Richard did not stop on his journey of self-improvement despite the many disappointments and family tragedies he faced. He detailed this in his 2008 letter, “Even after [my] denial of clemency in 1997 and 2002, I have continued to develop and improve my character; such resolve speaks volumes of my determination. I have not faltered, wavered, or done any act apart from continuing on the course I have set for myself when I came to prison, from which I will not depart.” When hope seemed lost, Richard persevered. Richard never gave up, while he faced constant disappointments regarding his appeals, suffered grave family tragedies and felt like giving up, he refused to give up hope.

Staying positive and motivated whilst incarcerated was not easy for Richard, as life brought him much tragedy and sorrow. Richard’s three children were approximately 2, 3 and 10 years old when he was jailed. Their lives have been very difficult as they have tried to grow up while forming a relationship with their father behind bars. Richard tried his best to be a parent from prison, but his absence affected his children in real and substantial ways. Richard’s youngest child Steven passed away in 2010. Steven had written to the Clemency Board two years earlier in 2008 about the in-person love and guidance he so desperately needed from his father, sadly he never got that opportunity. While Richard was grieving the loss of his son from prison while separated from his support system, he was able to connect his family with a church that was able to hold the services for his son. It had been just a few months before Steven’s passing that his mother, Richard’s second wife died suddenly. Then in 2018, Richard’s daughter, Ashley was in a horrific car accident. She suffered severe injuries resulting in a stroke, paralyzing half her body making her wheelchair bound. In addition to these tragic incidents, he also lost both his mother and father in the last ten years of his incarceration. In fact, it was just last year that the patriarch of the DeLisi family succumbed to old age, holding out hope until he was near a century that he would be reunited with his youngest son Richard. Despite the many tragedies Richard faced and risk factors of life within prison, Richard surmounted such adversity and became a better person. Now his priority is to spend as much time with family and friends as possible. He has already greatly enjoyed his grandchildren; some he had not even met prior to his release.

RICHARD’S UNJUST SENTENCE

Richard served more than 32 years incarcerated which was more than double the recommended sentence provided by Florida’s Sentencing Guidelines. When informed by one of Richard’s attorney’s that he was the longest serving non-violent cannabis offender in the country, Assistant Warden Lawrence, was shocked and went on to say “I’ve seen people that have come in with murder charges and sex charges that are doing 15 and 10 years. And this person dealing marijuana was stuck with 90 years, I think he did his time and more.”

While the Florida Sentencing Guidelines recommended a prison sentence between 12 and 17 years, Richard was given the maximum term of years for each of the three charges, which amounted to a total of 90 years. While Richard’s judge may have intended to make sure he was given a harsh sentence, the sentencing trend for similarly situated offenders or worst offenders to Richard shows his sentence of 90 years was significantly disparate. A Florida based company, Technologies for Justice provided sentencing data that showed Richard’s sentence was not only harsh but it was substantially higher than all other similarly situated offenders since 1998. According to the Technologies for Justice resources, their Equity in Sentencing Analysis System (ESAS) produces data that’s consistent with the Rule of Law, equity, fairness and appropriate punishment for each individual. It is clear that Richard’s sentence was beyond what was required for punishment, justice, and accountability.

ESAS provided sentencing data for all offenders sentenced for Racketeering (RICO) as their primary offense in Polk County since 1998. Richard was sentenced under RICO as his primary offense in Polk County. Since 1998, the most someone was sentenced to in Polk County for RICO was 11 years and the average these offenders received is 6.28 years. The average sentence for RICO cases in all of Florida since 1998 is 19.21 years in state prison, with the longest sentence someone received from 1998 until 2020 for RICO was 38 years in state prison.

While the facts of each case are different and can certainly affect the sentence an offender was given, Richard’s case did not contain such aggravating factors that he should have received this type of disparate sentence. In fact, some of these offenders who received less than 38 years in state prison for RICO additionally committed violent acts. When comparing Richard’s sentence to other offenders convicted marijuana trafficking, it is clear that Richard was severely over sentenced. Most marijuana trafficking offenders were given sentences much closer to the sentence Richard was recommended to have, between 12-17 years. Additionally, traffickers of much more harmful substances received substantially lesser sentences than the 90-year prison term Richard received.

While Richard is accountable for his crimes, he is cognizant of the fact that cannabis has never resulted in a death and according to NORML is now legal in 33 states for medicinal use (another 14 with limited THC), the adult use of cannabis is legal in 11 states (as well as DC, the Northern Mariana Islands, and Guam) and has been decriminalized in 16 other states (and the U.S. Virgin Islands) as of July, 2020. Richard has lost loved ones to the opioid epidemic, yet he served a longer sentence than those who manufactured the pills that caused the deaths of his son and ex-wife as well as almost 450,000 other Americans since 1999. Further, in 2016, Floridians voted to approve a constitutional amendment to legalize medical marijuana. This year, medical cannabis products are expected to bring in more than $800 million in profits in Florida. While Florida now brings in tax dollars from cannabis, Richard’s incarceration cost Florida taxpayers over $1,673,670.00.

Incarcerating Richard came at a high cost without a real benefit in terms of public safety. While the incarceration of individuals who aren’t a threat to the public is wasteful of tax dollars it also needlessly wastes human lives. That’s one of the reasons why Richard has dedicated the remainder of his life to fight for freedom for the many incarcerated who also were severely over sentenced. Please stay tuned to learn how you can help!