Jon's Jail Journal (by Shaun Attwood)

Polish Avenger

For those of you who asked for background info on Polish Avenger, here’s his response:

For those who requested. Thanks for asking!

Back in the year 1993, I was a fairly normal computer geek wrapping up a Bachelor’s in Software Engineering. To fuel long nights of study, I began dosing small amounts of methamphetamine. That actually worked well – the drug itself wasn’t the cause of my downfall, but rather my choice to associate with the underworld characters I bought it from. They saw my potential as a digital counterfeiter. Me being young and naïve, thought we could get away with it. Obviously, this was a mistake.

On our way to steal the required equipment, one of our crew was shot and killed by the owner. Unbeknownst to us, in Arizona, when one felon dies in the commission of a crime, all of the other felons get blamed, Thus the remainder of us were charged with murder. The fact that he was our friend and we didn’t actually kill him didn’t matter. Thus, I picked up 25 years for my first offence. However, I was guilty of lesser crimes, so it’s not like I was completely blameless.

In my travels here, I’ve learned how to live as free within myself as a person can – paradoxically more so than I did when I was out!

The handle of Polish Avenger reflects both my ancestry and daily quest to avenge the harm I caused and the path not taken. And I like the way it sounds!

Stay tuned for further instalments of Polish adventure.

Do you think Polish Avenger should be doing 25 years for murder or a short sentence for burglary?

Click here for Polisher Avenger’s first blog.

Our friends inside appreciate your comments.

Email comments and questions for Polish Avenger to writeinside@hotmail.com or post them below. To post a comment if you do not have a Google/Blogger account, just select anonymous for your identity.

Shaun P. Attwood

30 comments:

Anonymous said...: This is outrageous!!! I can't believe laws like this exist. When are you getting out Polish Avenger?

Ghost; 3:30 AM
ROCCO said...: I find the law to be fair. If the Polish Avenger was there and participating in the act of trying to rob the owner of the business then he is responsible for the death of his friend. Best of luck to the Polish avenger, hopefully your story will help keep others from following your sad path.

ROCCO; 11:14 AM
Jon said...: Ghost,

Polish Avenger's release date is 3rd Sept 2019. He's been in since 1994.

Rocco,

I don't think Polish Avenger being in prison is serving any purpose. Sounds to me like he was a computer nerd mixed up with a bad crowd, a far cry from someone prone to commit an act of premeditated murder. 15 years inside is a long time for a botched burglary, and more than enough for him to have learned his lesson. It seems to be a waste of taxpayers money holding him any longer.

Shaun Attwood; 2:34 PM
molson said...: If the Polish Avenger did not shoot and kill his friend, he is not guilty of murder. If the Polish Avenger did not force his friend to participate in the burglary, then the Polish Avenger is only guilty for the burglary, not the poor choice his friend made. Just another example of how personal responsibility has been twisted out of whack in the States. Why is there no personal responsibility for the Banksters that stole trillions? Are not the Banksters guilty of murder for every person that killed themselves because they lost their life savings? If Arizona logic is applied, the answer is yes. Imprison all criminal Banksters for 25 years to life and free the Polish Avenger for time served for burglary.; 6:01 PM
DkPhoenix said...: I don't see how the public interest is served by locking up someone for 25 years on what is, essentially a technicality, when they could potentially be a productive member of society. (I'm assuming, from two short blog posts.); 7:23 PM
Chris Phoenix said...: Even if Polish Avenger was held to be responsible for the death of his friend, it should be something like involuntary manslaughter, not murder. That's if the system was designed for justice instead of filling prisons.

Chris; 12:13 AM
Anonymous said...: Ignorance does not excuse the Polish Avenger from the law.

Lawkeeper; 3:31 AM
Jennifer said...: Jon - Everyone is either innocent or a victim or some other BS, right? The law seems extremely fair, aimed at preventing crime. The whole concept of punishment is to not simply punish, but also to deter. The more druged up, 'harmless' 'nerds' that hear of your buddy's situation, the less they will be likely to participate in crime. No matter how insignificant it might seem to you Burglary is still burglary and small crimes lead to big ones.

Regarding Molson's comment on bankers, it isn't even a lucid argument to warrant a response. Going by that stupid example, every woman who has a child should be sentenced to 25 - life, after all they perpetuating the final truth, what is born must die.

If you think the law is unfair, then work to vote enough legislators in, that will change the law. But to do that you will need arguments that make sense. Most of what I have read here in terms of excuses are just that, excuses to the teacher to not rap your knuckles.

Disgusting!; 6:10 AM
Jon said...: Jennifer,

The punishment seems to be excessive in this case. Do you think the burglars of America are thinking twice because Polish Warrior is doing 25 years? I doubt it. The justice system should be used to change criminals' hearts, not to crush them.

Shaun Attwood; 6:27 AM
Sue O. (aka Joannie, SS) said...: The guilt by association is hard one to untangle, particularly since the real problem is obscured, namely, finding and prosecuting the drug supplier. In my son's case, he committed a crime under the influence, which was his choice, but the suppliers of the alcohol and that element of the crime, was never addressed, so it perpetuates. Yes, punishment is warranted, but what is appropriate is very hard to judge.; 7:18 AM
Sue O. (aka Joannie, SS) said...: p.s. my son was underage; 7:19 AM
Chris Phoenix said...: Come on, people - do you really want to live in a system where punishment is so uneven and so dependent on chance? You'd be amazed at some of the things that are felonies. By your own standards, a lot of you would be in prison right now.

I don't think this is about whether his sentence is fair or just - obviously it's neither. It's about whether the system is right no matter what it does, or whether it's thinkable to say the system is wrong.

If you need to have so much faith in the system that you can't disagree even in extreme cases like this... then there's no point in talking. Those of us with flexible thinking might as well go debate creationists.

And of course, you don't like "flexible thinking" - how many of you are thinking "moral relativist" right now?

You can have your society where the trains run on time and the State is right by definition. All you have to do is move to some fascist dictatorship. Just don't try to tell me that things should be that way here. And don't you dare jaywalk, or speed, or smoke within 25 feet of a doorway (at least in California).

Yeah, how about that? I bet you hate the thought that smokers should be fined for smoking in a non-smoking zone. Personal rights, right? But it's the same system.

Chew on that, I'm done talking with you.; 9:04 AM
Jen said...: Jon, going by your statement, the only penalty which will make people sit up and listen is something draconian. But you got to be joking if you say, hearing someone going to prison for 25-life for doing something that appears barely illegal isn't going to serve as a deterrent while 'rehabilitating' them in prison will. While that 'might' work for that person what about the others who are contemplating a similar crime? Don't you think they will be emboldened by the easy reprive?

Sue - my heart bleeds for you. I know how stupid kids can be, and it is just that wrong crowd, wrong decision at the wrong time that can throw a promising life/career completely off track. But while I don't agree w/ holding the drugs responsible (unless someone forced him to do it), I do agree that it isn't the drug users but the distributors and suppliers that the harshest punishment should be reserved for.

I am all for de-criminalizing recreational drug usage, but as long as it is the law, you break the law then you need to be put away. The duration of the sentence is a matter of the will of the majority of the people. Other than constitutional rights, which are non negotiable, everything else is a matter of compromise.

God bless!; 9:23 AM
Jon said...: Jen,

The burglars I met were mostly drug addicts trying to finance their next fix. Polish Avenger's 25 year sentence was not on their minds.

As for the burglars who are aware of the 25 year penalty if one of them gets killed. What do they do? Go out and burgle on their own.

Shaun Attwood; 9:39 AM
ROCCO said...: Shaun,

Thank you for the reply. I am fascinated by the US penal system and that ultimate brought me to your blog. I am not in law enforcement, and have a normal white collar job. Much of what goes on in prison is reprehensible to me. I believe that the punishment that a prisoner receives is the loss of personal freedom, and no more. I believe that if the state or the Federal government incarcerates someone they then take on the responsibility for each inmates security and well being. Unfortunately that is not the case in the US. Your blog is one of the few (but growing) exposes of life in the US prison system from a prisoners point of view.

That being said I stand by my assertion that the Polish Avenger deserved the punishment he received. Far from being a computer nerd he seems to have actively participated in the act of robbing someone. During this act someone was killed. To me he is directly culpable for this death. The Polish Avenger participated in an act that caused a human being to defend themselves in such a way they were forced to take another human beings life. This is certainly not a mild infraction, and I'm sure the victim was greatly affected by having to take a life.

To look at this another way what if the Polish Avenger had been the one shot and killed? What punishment would have been fair for his accomplices?

Thanks for the time and effort you've put in to this excellent blog Shaun. I wish you all the best.

ROCCO; 10:14 AM
molson said...: Jennifer must be a Bankster. She is OK with the theft of trillions of dollars from workers, but not OK with the theft of some crappy computer parts by the Polish Avenger. Disgusting. Oh and what is lucid about that every woman having a child comment? No one knows what Jennifer is talking about and neither does she. Keep in mind in some states it would be the store owner who would be up on charges for using deadly force if his life was not in imminent danger. The store owner would have been reimbursed for the stolen items by insurance anyway. Was some replaceable computer garbage worth taking a life? The Polish Avenger should face punishment for the burglary, not the actions of the store owner. The Banksters should face punishment for their crimes as well and not get a bailout. Now I am done with this. Good luck to the Polish Avenger. May he be redeemed.; 11:54 AM
Sue O. (aka Joannie, SS) said...: Thanks, Jen. I do agree-the whole idea of "fairness" or appropriate justice is a tough nut. I guess when you know the cost to a family personally, or even one individual having to deal with prison and these issues daily, I simply want the maximum benefit from the pain and suffering all around, victim, perp, societal wrongs righted if possible in some small way. If it helps the next stupid geek to not get into trouble, then that probably the best benefit outside of whatever the individual serving time is able to gain in terms of "rehab". It is truly discouraging, though, to understand that there are people out there and always will be who prey on others and don't get the penalty they ought to. That's life, and I'd like to think in the end, they do.; 4:05 AM
Anonymous said...: This law actually is on the books in many states, including here in California. Just a few months ago two youngsters (about 19) tried to rob a coin shop and were met with resistance by the owner. Both perps were holding heat and a gunfight ensued with the owner. One was hit and died at the scene. The other is being charged with Murder during a commission of a felony. Just FYI. -Jose in San Diego.; 6:51 AM
Jennifer said...: @Chris, I thought people like you were against sentencing guidelines that tried to bring some semblance of evenness across crimes across the country? Or is it that 'flexible thinkers' like you prefer to flip to the most convenient side of the equation.

And I don't speed, jaywalk or smoke (let alone smoke 25 yrds from a door), just live a boring ole life that I would like to keep leading without being mugged, or stolen from, is that too much to ask? Or are you only concerned about the rights of the people that break the law versus those of us that don't? Thankfully the majority of people believe in things akin to me, and we have laws against people who seem to think individual rights only apply to them.

@Molson - time certainly hasn't made your arguments any better. What is this 'bankster' thing you keep talking about? If it is banker, why do you think bankers stole 'trillions'? Do you have any idea how the financial crisis came into being? If not, I suggest you read up on it before spouting garbage. Just in case you don't know how to read, a quick 101, post 9/11 (unless you think bankers caused that too), the federal reserve perceived a loss of confidence in the American economy, so lowered rates to facilitate growth. This led to an asset bubble compounded by congress passing a bill to make home ownership more affordable to small home owners like YOU and ME. When the asset bubble popped, people like you and me decided we couldn't afford the mcMansions and decided to stop paying. This set the snowball rolling and led to the loss of 'trillions' of $$$. If there was any criminal activity, it was by mortgage brokers (typically people like you and me) that made the no doc/low doc loans. The other criminal activity bit came from fraudsters like Bernie Maddoff and Alan Stanford, and yeah they worked in finance, but as did Jon, and they are now headed to prison (where I am sure they will make acquaintance with your bother/father). So just like you didn’t blame the banksters (sic) when Jon was sentenced to prison, I am not sure you can accuse them now. But coming back to your point, banksters (sic), as a whole lose money due to bad decisions but where they differ from burglars on a systematic level is that in the first case you have a choice whether you want to give them your money whereas in the second case you have no rights. Hence the outright condemnation for the community as a whole. Now does that explain things?

@Sue - I hear you, and you have my full sympathies. I wish these stupid kids would think about their families before making these life altering choices. I try to imagine I will supervise my kids better, but I know that will be to no avail, kids will be kids and that means they will do stupid things. We are left holding the pieces.

But I like you believe like you, that there will be justice eventually, sooner rather than later, and the people really responsible will pay. Until then my prayers are with you.; 11:50 AM
leigh said...: PA's sentence reminds me of that Law of Parties thing in Texas only there they put a person to death for having some relation to a murder. i think that Texas took it off the books during their last session. maybe the other states with similar ridiculous laws will do the same.

it seems like it is very easy to be convicted of murder----i can't think of the last time i heard of someone being sentenced for manslaughter. is the 25 year sentence a life sentence or a life sentence with possibility of parole? or is it neither and instead a 25 year sentence?; 5:11 PM
Jon said...: Leigh,

It's a 25 year sentence with a release date of 3rd Sept 2019.

Rocco,

Thanks for the comment!

Shaun; 4:30 AM
Weird Al said...: Everyone seems to be focused on the crime of burglary. This man was also found guilty of the crime of kidnapping, a seriously evil thing to do. Had things gone differently, do you think the real victim here, the man who was kidnapped, would have been allowed to live? I for one do not. Also, the Avenger still seems to blame others for his current situation, something all to common in cases like this. He did the crimes, he should do the time.; 5:58 PM
Anonymous said...: Hello from Ukraine !

This the very interesting Blog !

Now, as for me, I am in a shock at this story, even our laws here would not permit such a thing to happen I don't think !

I will follow this Blog, I like it, thank you for it, very interesting.

Sincerely,

Marina.

Ukraine.; 3:34 AM
Ms. West said...: The same law exists here in AR. I don't agree with it at all. It just seems like a legal loophole created to put people in prison for a long time who are involved in criminal activity in which a person dies in the commission of a felony. He has lost a friend and his freedom. Very sad!; 2:15 PM
Anonymous said...: 25 Years is about 24.5 Years too long imo. But then again I dont know the facts, was there a gun fight? etc etc. But straight up burglary (not home invasion) doesnt deserve too much and the murder cross over thing just seems ridiculous. Dont charge anyone with murder here.

"I don't think Polish Avenger being in prison is serving any purpose"

However I have problems with this statement, not in this case (obv)- but just cause its standard liberal dribble you here all the time when we are talking about serious crimes like murder.

ie I got here from Prisoner Bens blog - who seems to not be able to make a distinction between himself as a murderer and any other criminal in prison.

Its the attitude of rehabilitation of cold blooded murderers - its just plain wrong - life for a life is not too far wrong. If you killed in cold blood (in most cases) I dont want you to get out until you are at least too old to be a threat to society, if thats not until your dead then, big fking deal, you shouldnt of slit that throat etc etc.

I dont give 2 square shit if you have convinced the parole board you have paid ur dues and are remorseful - just too risky your gonna slit that next mans throat. And shit why do you deserve the second chance your victim never got.; 10:21 PM
Anonymous said...: Jen states:

"The duration of the sentence is a matter of the will of the majority of the people."

Since when? This is another myth that some Americans have regarding what constitutes a democracy. Since when does the "majority of people" have any say in the duration of a sentence. That would require ongoing referendums or the citizens polled (and re-polled) to determine the appropriate punishment for every type of crime. Obviously impractical.

Sure people can organize and lobby to have changes made, but that is typically a slow tedious process, one that has no guarantee of success.

Jennifer states:

"The law seems extremely fair, aimed at preventing crime. The whole concept of punishment is to not simply punish, but also to deter"

Avenger was sentenced using the Felony Murder rule. Even though those involved in the burglary did not intend for the deceased to be killed, the "intent" was transferred from the business owner (actual shooter) to Avenger and his cohorts as a result of them instigating the felony crime, ie burglary.

The Felony Murder rule comes from British Common Law dating back to the 12th century, long abandoned by other civilized countries, and is now uniquely American (actually only 17 of the 50 States still use it). The defenders of the Felony Murder Rule like to espouse its deterrent factor, but its a very archaic rule, with petty religious dogma at its heart.

For such a great country (and the US is still a great nation), with supposedly the worlds best legal system and "freest" citizens, the USA still has a lot of growing up to do, in order to have the "theoretical" match reality.

Another example of the "fairness" of this ridiculous and primitive rule is the true story below from the New York Times:

"Early in the morning of March 10, 2003, after a raucous party that lasted into the small hours, a groggy and hungover 20-year-old named Ryan Holle lent his Chevrolet Metro to a friend. That decision, prosecutors later said, was tantamount to murder.

The friend used the car to drive three men to the Pensacola home of a marijuana dealer, aiming to steal a safe. The burglary turned violent, and one of the men killed the dealer’s 18-year-old daughter by beating her head in with a shotgun he found in the home.

Mr. Holle was a mile and a half away, but that did not matter. He was convicted of murder under a distinctively American legal doctrine that makes accomplices as liable as the actual killer for murders committed during felonies like burglaries, rapes and robberies.

Mr. Holle, who had given the police a series of statements in which he seemed to admit knowing about the burglary, was convicted of first-degree murder. He is serving a sentence of life without the possibility of parole at the Wakulla Correctional Institution here, 20 miles southwest of Tallahassee.

A prosecutor explained the theory to the jury at Mr. Holle’s trial in Pensacola in 2004. “No car, no crime,” said the prosecutor, David Rimmer. “No car, no consequences. No car, no murder.”; 4:59 AM
Anonymous said...: Defenders of the Felony Murder Rule typically claim it is a deterrent, but analyze done on this subject does not seem to supports it:

"But the evidence of a deterrent effect is thin. An unpublished analysis of F.B.I. crime data from 1970 to 1998 by Anup Malani, a law professor at the University of Chicago, found that the presence of the felony murder rule had a relatively small effect on criminal behavior, reducing the number of deaths during burglaries and car thefts slightly, not affecting deaths during rapes and, perversely, increasing the number of deaths during robberies. That last finding, the study said, “is hard to explain” and “warrants further exploration.”; 5:40 AM
Anonymous said...: i hate Jen; 7:39 PM
Rindfleisch said...: Jon - Everyone is either innocent or a victim or some other BS, right? The law seems extremely fair, aimed at preventing crime. The whole concept of punishment is to not simply punish, but also to deter. The more druged up, 'harmless' 'nerds' that hear of your buddy's situation, the less they will be likely to participate in crime. No matter how insignificant it might seem to you Burglary is still burglary and small crimes lead to big ones. Regarding Molson's comment on bankers, it isn't even a lucid argument to warrant a response. Going by that stupid example, every woman who has a child should be sentenced to 25 - life, after all they perpetuating the final truth, what is born must die. If you think the law is unfair, then work to vote enough legislators in, that will change the law. But to do that you will need arguments that make sense. Most of what I have read here in terms of excuses are just that, excuses to the teacher to not rap your knuckles. Disgusting!; 3:15 PM
Laura Cooper said...: I have been writing to Polish Avenger and just to let you know he got parole and has left prison this week. Obviously he is overjoyed and will be very happy with all your positive comments.; 3:59 AM