State’s opaque, unfair parole revocation system subject to on-going federal lawsuit.

MISSOURI — Terrell Robinson has served over 12 years for alleged parole condition violations, violations which are still unknown to him. Today, he has filed a petition of habeas corpus to ask for his release.

Mr. Robinson had been serving parole since 2007, when he was released after serving time related to crimes committed when he was a teenager. Upon being released on parole, he worked diligently to acclimate back into his community. He attended classes at Vatterot College, worked at a boxing gym as a personal trainer, and starting a boxing team for neighborhood youth. He also volunteered with at-risk children and with a local church.

“How we end this life in the sight of God is important and all I desire to do is move forward in a meaningful and positive way,” said Robinson.

He attended all of his required meetings with his parole officer. In 2009, he was arrested by local police for alleged parole condition violations. Like thousands of other Missourians on parole, Robinson’s parole was revoked without even basic due process rights. And in Terrell’s case, the results were disastrous. Robinson never received notification of what parole conditions he had supposedly violated. This is, as established by the U.S. Supreme Court, one of a handful of minimum due process requirements when revoking someone’s parole. 

“Even if he had been able to review the parole reports, which we have just been able to obtain, they are so confusing that he still has been left to guess why exactly his parole was revoked,” said MJC attorney Shubra Ohri. “Written notice is essential to allowing him to provide an adequate defense to the accusation. Mr. Robinson had no opportunity to bring in witnesses or evidence to speak to his innocence.”

Robinson was never able to view his parole reports or any evidence relied upon by the parole board, never went before the parole board, and was never apprised of his rights during the revocation process – including his right to counsel.

This case comes at a time when the State is also fighting a federal class action lawsuit targeting the Missouri Parole Board’s revocation process. Despite the Court acknowledging the parole revocation system was unconstitutional and ordering substantial changes, the State filed an appeal to not only reverse the decision but dismiss the case in entirety. As a result, the district court put a stay on previously ordered reforms. 

“There is a very real consequence to the state’s obstruction,” said Amy Breihan, Co-Director of the MacArthur Justice Center’s Missouri office. “Since their appeal, over 2,000 individuals have been returned to prison, falling victim to the same process that precipitated the lawsuit in the first place.”

In total, Terrell has served 33 years of a 50-year sentence, meaning the Parole Board could keep him behind bars for another 17 years.

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The Roderick & Solange MacArthur Justice Center is a national, nonprofit legal organization dedicated to protecting civil rights and fighting injustice in the criminal legal system through litigation at the trial, appellate, and Supreme Court levels. www.macarthurjustice.org