Justice for Derek Twyman

In 1989 a young Canadian man named Derek Twyman was picked up by the police in North Carolina in connection with a series of non-violent break-and-enters. The charges were put together in four groups, and Judge Thomas W. Ross sentenced Derek to four consecutive 40-year sentences in prison an astonishing total of 160 years behind bars for property-related offences.

The law which provided for such an excessive sentence was the misnamed Fair Sentencing Act, which was replaced in 1994 by the Structured Sentencing Act in an attempt to restore credibility and appropriateness to sentencing. Under the new law, someone who is facing the charges that Derek did in 1989 would only serve a maximum of 7 years upon conviction, as opposed to the unthinkable century and a half given to Derek. Unfortunately, the law was not applied retroactively, which means that Derek is currently serving his original sentence.

Dereks continued incarceration has cost North Carolina taxpayers an outrageous $475,000 to date. These public funds which could have been spent on schools, hospitals, and building strong communities, have instead been completely wasted on imprisoning a person who should have been given a far lesser sentence, or simply deported to Canada.

To completely deprive a man of his freedom for the remainder of his life in an attempt to compensate for stolen property is an act which can clearly be seen as cruel and unusual to any reasonable person. Derek has lost more of his life already than could ever be justified by any stretch of the imagination. He deserves to be resentenced under the new law, granted credit for time served, and then freed to reunite him with his family in North Carolina, or deported home to Canada to start a new life. No human being deserves the judicial mistreatment that Derek has endured, and is continuing to suffer as a result of a tough on crime attitude gone terribly wrong.

We strongly express to North Carolina, Canadian, and U.S. officials our sincere belief that:

1) The 1989 sentence should be vacated, and Derek Twyman should be resentenced under the Sentencing Provisions of N.C.G.S. 14-51, 14-54(A), and 14-72(B) applicable to those offenses committed in 1989 but to a sentence that is proportionate to the maximum sentence he could receive under the Structured Sentencing Act, effectively freeing him.

and / or

2) Any and all related restitution orders against Derek Twyman should be waived, thereby allowing North Carolina, Canadian, and U.S. officials to consent to and arrange for his immediate deportation to Canada under the International Prisoner Transfer Program.