Friends, Family and Supporters, My name is Nicole Livingston and I'm gathering signatures to send along with Derek "Dicey" Livingston's application for Executive Clemency/Commutation of Sentence to time served from the State of New York.
In 2000, at the age of 29 Derek was arrested and subsequently sentenced as a persistent violent felony offender for his alleged involvement in a burglary, grand larceny and criminal possession of stolen property. Derek has always professed his innocence to the charges of burglary and grand larceny while admitting to the charge of possession of stolen property. To his defense, during his trial the detectives and state experts testified that the fingerprints and footprints found in and about the burglarized property did not match his. In addition, the one eyewitness to the crime testified that he did not see Derek enter or exit the dwelling. The crime of burglary involves the unlawful entry into a dwelling, coupled with the intent to commit a certain crime. And despite hearing the testimony of the detectives, experts and eyewitness the jury convicted Derek of all charges. Under New York State law, a conviction of burglary is considered a violent crime even if no one was injured which was so in Derek's case. Derek was sentenced and committed to the New York State Department of corrections to serve a 16 year to life sentence.
During his 10 year incarceration, Derek has completed several college courses and has earned credits from the prestigious Cornell University towards a degree in Business. He has also successfully completed all New York State Department of Corrections rehabilitative and vocational courses required as a condition of his release, as well as a number of optional rehabilitation programs.
The U.S. Department of Justice Bureau of Statistics has calculated an increasingly diminished probability of persons being released from prison recommit. Derek fits the criteria of many of these statistics which indicate that a person who is married, over 35 years in age, has been in prison over ten years, received college level education, participated in rehabilitation, with strong community and family support has less than a 3% rate of recidivism.
Derek is not a threat to society and he would be able to lead a productive crime free life once given the opportunity. Thank you for signing this petition. We are grateful for your support.
Nicole Livingston (Derek "Dicey" Livingston's wife) and the entire Livingston family
Updates
July 5, 2010
I have been spending my nights reviewing the trial transcripts again and the injustice of this sentence hits just as hard today as it did years ago. These signatures represent a growing belief that Derek deserves to finally come home to his family.
July 5, 2010
Seeing this level of support for Derek gives me hope that people are truly listening to his story. It feels like the tide is finally turning after all these years of silence.
Reached 100 supporters
July 5, 2010
7 Comments
16 years to life for a burglary with no proof?? the system is totally rigged. let the man go home.
I been following this case for a while. Everyone deserves a second chance especially when the evidence just isnt there.
Ridiculous sentence. If the prints didnt match him how is he still in there? Wake up New York.
DICEY DESERVES A CHANCE AT LIFE. FREE HIM NOW.
He admits what he did so dont keep him for what he didnt do. let him out already.
grap luva
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Friends, Family and Supporters, My name is Nicole Livingston and I'm gathering signatures to send along with Derek "Dicey" Livingston's application for Executive Clemency/Commutation of Sentence to time served from the State of New York.
In 2000, at the age of 29 Derek was arrested and subsequently sentenced as a persistent violent felony offender for his alleged involvement in a burglary, grand larceny and criminal possession of stolen property. Derek has always professed his innocence to the charges of burglary and grand larceny while admitting to the charge of possession of stolen property. To his defense, during his trial the detectives and state experts testified that the fingerprints and footprints found in and about the burglarized property did not match his. In addition, the one eyewitness to the crime testified that he did not see Derek enter or exit the dwelling. The crime of burglary involves the unlawful entry into a dwelling, coupled with the intent to commit a certain crime. And despite hearing the testimony of the detectives, experts and eyewitness the jury convicted Derek of all charges. Under New York State law, a conviction of burglary is considered a violent crime even if no one was injured which was so in Derek's case. Derek was sentenced and committed to the New York State Department of corrections to serve a 16 year to life sentence.
During his 10 year incarceration, Derek has completed several college courses and has earned credits from the prestigious Cornell University towards a degree in Business. He has also successfully completed all New York State Department of Corrections rehabilitative and vocational courses required as a condition of his release, as well as a number of optional rehabilitation programs.
The U.S. Department of Justice Bureau of Statistics has calculated an increasingly diminished probability of persons being released from prison recommit. Derek fits the criteria of many of these statistics which indicate that a person who is married, over 35 years in age, has been in prison over ten years, received college level education, participated in rehabilitation, with strong community and family support has less than a 3% rate of recidivism.
Derek is not a threat to society and he would be able to lead a productive crime free life once given the opportunity. Thank you for signing this petition. We are grateful for your support.
Nicole Livingston (Derek "Dicey" Livingston's wife) and the entire Livingston family
Updates
July 5, 2010
I have been spending my nights reviewing the trial transcripts again and the injustice of this sentence hits just as hard today as it did years ago. These signatures represent a growing belief that Derek deserves to finally come home to his family.
July 5, 2010
Seeing this level of support for Derek gives me hope that people are truly listening to his story. It feels like the tide is finally turning after all these years of silence.
Reached 100 supporters
July 5, 2010
7 Comments
Praying for Derek and his family. Enough is enough.
16 years to life for a burglary with no proof?? the system is totally rigged. let the man go home.
I been following this case for a while. Everyone deserves a second chance especially when the evidence just isnt there.
Ridiculous sentence. If the prints didnt match him how is he still in there? Wake up New York.
DICEY DESERVES A CHANCE AT LIFE. FREE HIM NOW.
He admits what he did so dont keep him for what he didnt do. let him out already.
grap luva
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Praying for Derek and his family. Enough is enough.