{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
ASSAULT AND BATTERY IN 1997, 23 YEARS AGO. RELEASED IN THREE
YEARS. WITHIN A YEAR OF HIS RELEASE, HE RAPED AND ATTEMPTED TO
STRANGLE AND 11-YEAR-OLD BOY. HE PAID HIM $20 TO DRINK LIQUOR
AND THEN TRIED TO STRANGLE HIM WITH SHOELACES, LEFT HIM
UNCONSCIOUS AFTER HE WAS RAPED. AND THE YOUNG BOY REGAINED
{16:15:35} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
CONSCIOUSNESS AS ELMER SPENCER'S ATTENTION WAS DIVERTED AND THE
YOUNG BOY MIRACULOUSLY ESCAPED. ELMER SPENCER WAS SENTENCED TO
22 YEARS IN PRISON FOR THAT CRIME, RELEASED IN 1994 AFTER
SERVING 14 YEARS IN PRISON. 1996 CHARGED WITH ATTEMPTED RAPE
AND THREE COUNTS OF ASSAULT, ATTACKED POLICE OFFICERS
RESPONDING TO A WOMAN'S CRY FOR HELP WHO HE WAS ATTEMPTING TO
{16:16:10} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
RAPE. SENTENCED TO TEN YEARS. RELEASED NOVEMBER 14, THIS YEAR
AFTER SERVING 3 1/2 YEARS. FIVE DAYS LATER CHRISTOPHER LEE
OSCHERMAN, A NINE-YEAR-OLD BOY FROM FREDERICK, MARYLAND, WAS
MURDERED BY THIS MAN. FIVE DAYS AFTER BEING RELEASED FROM
PRISON A TEN-YEAR SENTENCE, SERVING 3 1/2 YEARS, THIS
PEDOPHILE, THIS MAN WHO HAD ATTEMPTED MURDER PREVIOUSLY,
MURDERED THIS YOUNG NINE-YEAR-OLD BOY.
THE QUESTION IS: WHEN WILL WE LEARN IN THIS COUNTRY?
{16:16:43} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
WE KNOW WHO ARE COMMITTING THE CRIMES, ESPECIALLY THE VIOLENT
CRIMES. IN MOST CASES IT IS SOMEONE WHO HAS COMMITTED OTHER
VIOLENT CRIMES, BEEN PUT IN PRISON AND OFTEN RELEASED EARLY. I
SPOKE TO THE FAMILY OF THIS NINE-YEAR-OLD BOY. THERE'S NOT MUCH
YOU CAN DO TO CONSOLE THAT FAMILY. THEY ARE GRIEVING OBVIOUSLY
FOR THE LOSS OF THIS YOUNG BOY. BUT I TOLD THEM SOME 6 US ARE
WORKING VERY HARD TO TRY TO CHANGE THE CIRCUMSTANCES OF THE
{16:17:17} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
RELEASE OF VIOLENT PRISONERS. I'VE SPOKEN MANY TIMES ON THIS
FLOOR ABOUT OTHER CRIMES THAT ARE EXACTLY THE SAME. DIFFERENT
VICTIMS, BUT EXACTLY THE SAME. YOUNG PRUCKMAYR -- YOUNG BETTINA
PRUCKMAYR, I BROUGHT HER PICTURE TO THE FLOOR OF THE SENATE. A
YOUNG 26-YEAR-OLD HUMAN RIGHTS ATTORNEY WHO MOVED TO THIS TOWN
WITH SUCH GREAT EXPECTATION AND PASSION TO DO WORK IN THIS
{16:17:55} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
AREA. DECEMBER 16, 1995, SHE WAS AT AN A.T.M. MACHINE AND A MAN
NAMED LEO GONZALEZ WRIGHT APPREHENDED HER THERE. HE WAS A MAN
WHO SHOULD HAVE BEEN IN PRISON. HE HAD COMMITTED MANY PREVIOUS
CRIMES. LEO GONZALEZ WRIGHT AT THE AGE OF 19, SENTENCED TO 15
TO 60 YEARS FOR ARMED ROBBERY AND MURDER, RELEASED AFTER 17
YEARS. DURING THE 17 YEARS HE COMPILED A RECORD OF 38
DISCIPLINARY REPORTS AND TRANSFERS DUE TO DRUG USE, LACK OF
{16:18:29} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
PROGRAM INVOLVEMENT, WEAPONS POSSESSION WHILE IN PRISON,
ASSAULTS ON INMATES AND STAFF. BUT LET OUT EARLY SO THAT IN
DECEMBER OF 1995 HE WAS ON THE STREETS HERE IN WASHINGTON,
D.C., HE WAS ABLE TO STAB YOUNG BETTINA PRUCKMAYR WITH A
PHILLIPS SCREWDRIVER 37 TIMES. IT WASN'T THAT WE DIDN'T KNOW
THAT HE WAS A VIOLENT OFFENDER OFFENDER. HE USED A BUTCHER
{16:19:02} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
KNIFE JUST PREVIOUS TO THAT TO ROB AND CARJACK A FEMALE
MOTORIST. AFTER HE HAD BEEN LET OUT OF PRISON WHILE ON
PROBATION AND PAROLE, HE WAS PICKED UP FOR DRUGS; LET RIGHT
BACK OUT ON THE STREETS. AND AS A RESULT, BETTINA PRUCKMAYR WAS
KILLED. JONATHAN HALL -- I'VE SPOKEN ABOUT JONATHAN HALL HERE
ON THE FLOOR OF THE SENATE. IT IS EXACTLY THE SAME STORY.
JONATHAN WAS 13 YEARS OLD FROM FAIRFAX, VIRGINIA. A BOY THAT
HAD SOME DIFFICULTIES, BUT NEIGHBORS DESCRIBED HIM IN THE
{16:19:35} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
NEWSPAPER WHEN I READ THIS STORY, IT IS ABOUT JUNK JONATHAN AS
A START YOUNG BOY STARVED FOR AFFECTION. THEN HIS MOTHER
REPORTED HIM AS MISSING SOME YEARS AGO. 12 DAYS LATER THEY
FOUND HIS BODY AT THE BOTTOM OF A POND NEAR HIS HOME. HE HAD
BEEN STABBED OVER 60 TIMES. AND THEY FOUND AS THIS YOUNG BOY
HAD DIED, THEY FOUND GRASS BETWEEN HIS FINGERS. HE OBVIOUSLY
HAD BEEN STABBED 60 TIMES BUT NOT DEAD WHEN HIS ATTACKER LEFT
HIM. AND THIS YOUNG BOY TRIED TO CRAWL OUT OF THAT POND, AND
{16:20:12} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
THEY FOUND GRASS BETWEEN HIS FINGERS. BUT HE DIED. DIDN'T MAKE
IT. JAMES BUCK MURRAY KILLED HIM. LIVED RIGHT THERE IN THE
NEIGHBORHOOD. NOW WHY WAS HE LIVING THERE?
WELL, HE WAS SENTENCED TO 20 YEARS FOR SLASHING THE THROAT OF A
CAB DRIVER, STEALING THE CAB AND LEAVING THE DRIVER FOR DEAD.
BUT HE WAS LET OUT. THREE YEARS LATER ON WORK RELEASE, ABDUCTED
A WOMAN, CONVICTED OF KIDNAPPING, SENT TO PRISON AGAIN. BUT HE
WAS LET OUT. AND THEN YOUNG JONATHAN HALL, OF COURSE, IS
MURDERED BY SOMEONE WE KNEW?
OF COURSE. BY SOMEONE VIOLENT?
{16:20:46} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
OF COURSE. PUT IN PRISON AND RELEASED EARLY. AND SHAME ON THOSE
WHO RUN OUR PRISON SYSTEM. SHAME ON THE LAWS THAT EXIST THAT
ALLOW THIS TO HAPPEN. NOW I'VE ASKED IN THE CASE IN MARYLAND
JUST RECENTLY WITH CHRISTOPHER LEE OSCHERMAN, HOW COULD IT BE
THAT A MAN WHO HAS BEEN INVOLVED IN SUCH VIOLENT CRIMES, HOW
COULD IT BE THAT WHEN SENTENCED TO TEN YEARS, HE RELEASED AFTER 3 1/2?
{16:21:22} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
THIS IS AFTER MANY OTHER CRIMES, MIND YOU. AND FIVE DAYS AFTER
WHICH HE KILLS A NINE-YEAR-OLD BOY?
HOW COULD IT BE THAT HE'S RELEASED THAT EARLY?
THE ANSWER: UNFORGIVABLE IGNORANCE, IN MY JUDGMENT, IN THE
CONSTRUCTION OF PUBLIC POLICY. I'M SORRY TO SAY THAT ABOUT
THOSE WHO DID IT. THOSE WHO DID IT HAVE SAID THAT THOSE WHO GO
TO PRISON, WHO SERVE IN PRISON PRIOR FOR OTHER CONVICTIONS WILL
NOW EARN ADDITIONAL GOOD-TIME CREDITS AT AN ACCELERATED PACE
AGAINST THEIR CURRENT SENTENCE BECAUSE THEY HAD BEEN IN PRISON
{16:21:56} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
BEFORE. NOW THAT IS IGNORANCE. WE OUGHT NOT REWARD ANYONE WITH
AMPLE OR BETTER GOOD-TIME BENEFITS BECAUSE THEY SERVED IN
PRISON BEFORE. VIOLENT OFFENDERS OUGHT TO BE PUT IN PRISON AND
THEIR PRISON CELL OUGHT TO BE THEIR ADDRESS UNTIL THE END OF
THEIR PRISON TERM. END OF STORY. I AM SO SICK AND TIRED OF
READING STORIES ABOUT INNOCENT PEOPLE. AND I'VE MENTIONED JUST
THREE, AND I COULD MENTION MORE, AND I HAVE MANY MORE. I'M SO
SICK AND TIRED OF READING THE STORIES ABOUT GOVERNMENTS THAT
ALLOW VIOLENT OFFENDERS OUT OF PRISON TO WALK UP AND DOWN THE
{16:22:34} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
STREETS OF THIS COUNTRY AND KILL AGAIN. YOU KNOW THAT IF YOU
LIVE IN THE UNITED STATES OF AMERICA, YOU ARE SEVEN TIMES MORE
LIKELY TO BE MURED THAN IF YOU LIVE IN FRANCE?
THE MURDER RATE IN OUR COUNTRY IS SEVEN TIMES THAT 6 GERMANY,
SIX TIMES THAT OF ISRAEL, TEN TIMES THAT OF JAPAN, SEVEN TIMES
THAT OF SPAIN. IS THERE SOMETHING WRONG HERE?
I THINK SO. LET ME SHOW YOU WHAT IS HAPPENING IN OUR PRISON
SYSTEM. FOR ALL THE TALK ABOUT TRUTH IN SENTENCING, IF YOU'RE
{16:23:08} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
CONVICTED OF MURDER IN THIS COUNTRY, IN ALMOST ALL OF THIS IS
IN THE STATE COURT SYSTEMS -- THIS IS NOT IN MOST CASES A
FEDERAL CRIME -- IF YOU'RE QUICTL F CONVICTED OF MURDER IN THIS
COUNTRY ON AVERAGE YOU'RE GOING TO BE IN PRISON TEN YEARS. OR
YOU'RE GOING TO GET SENTENCED TO 21 YEARS, BUT YOU'RE GOING TO
BE SERVING ABOUT TEN YEARS IN PRISON FOR MURDER. RAPE, YOU CAN
EXPECT TO SERVE ABOUT FIVE YEARS IN PRISON. THEY'LL SENTENCE
YOU TO TEN ON AVERAGE, BUT YOU'RE ONLY GOING TO BE THERE ABOUT
FIVE. ROBBERY, YOU'RE GOING TO BE SENTENCED TO 8.4 PERHAPS, AND
YOU'LL SERVE FOUR YEARS FOR ROBBERY. WELL, NOW, WHAT IS THE
ANSWER TO ALL OF THIS?
{16:23:41} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
AND WHY ARE THESE FOLKS LET OUT EARLY?
WHY WOULD WE DECIDE IN THIS COUNTRY THAT IN MURDER -- A
MURDERER SHOULD ONLY SERVE HALF OF THEIR SENTENCE?
WELL, THE PRISON AUTHORITIES AND OTHERS WHO CONSTRUCT THESE
LAWS TELL US THE REASON THAT THEY HAVE TO DANGLE GOOD-TIME
BENEFITS IN FRONT OF THESE PRISONERS, INCLUDING VIOLENT
OFFENDERS, IS BECAUSE IT ALLOWS THEM TO BETTER MANAGE THEM
WHILE IN PRISON. IN OTHER WORDS, IF THEY BEHAVE WHILE IN
PRISON, THEY CAN GET OUT EARLY. AND THAT'S A TERRIFIC
{16:24:14} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
INCENTIVE, THEY SAY, FOR PRISON INMATE MANAGEMENT. OH, WELL, I
WONDER -- I WOULD ASK THE QUESTION ABOUT THE MANAGEMENT OF
ELMER SPENCER JR. I WONDER IF I COULD GET NAMES OF THE PEOPLE
WHO DECIDED THAT THE BEST WAY TO MANAGE ELMER SPENCER JR.'S
TIME IN PRISON WAS TO DANGLE IN FRONT OF HIM THE OPPORTUNITY TO
BE RELEASED SEVEN YEARS EARLY -- SEVEN YEARS EARLY -- SO THAT
HE COULD BE ON THE STREETS IN LATE NOVEMBER OF THIS YEAR AND
RUN INTO A NINE-YEAR-OLD BOY AND MURDER HIM. I GUESS THE WORD
{16:24:46} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
IS ALLEGEDLY MURDER HIM BECAUSE HE IS NOW CHARGED WITH THE
CRIME. BUT I THINK THERE IS LITTLE QUESTION ABOUT THE GUILT IN
THIS CAME, I'M -- IN THIS CASE, I'M TOLD. I WONDER IF WE WOULD
HAVE THOSE WHO HAVE DECIDE THAT HAD IT'S APPROPRIATE FOR JAMES
BUCK MURRAY TO BE ON THE STREETS OR LEO GONZALEZ WRIGHT TO BE
ON THE STREETS AFTER MURDER AND MURDER AGAIN AND VIOLENT CRIME,
TO BE BACK ON THE STREETS SO THAT BETTINA AND YOUNG JONATHAN
{16:25:20} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
AND ALL OF THE OTHERS ARE VICTIMS?
WELL, WHAT IS THE ANSWER?
THE ANSWER IS SIMPLE. THIS IS NOT ROCKET SCIENCE. IT'S VERY
SIMPLE. IT IS TO DECIDE AS A POLICY, AS I HAVE ADVOCATED FOR
SOME WHILE, REGRETTABLY UNSUCCESSFULLY, THAT IN THIS COUNTRY WE
DISTINGUISH BETWEEN THOSE WHO COMMIT VIOLENT CRIMES AND THOSE
WHO COMMIT NONVIOLENT CRIMES. 50% OF THOSE IN THE -- IN
INCARCERATION IN THIS COUNTRY IN OUR PRISONS AND JAILS ARE
VIOLENT OFFENDERS. 50% OF THEM ARE VIOLENT OFFENDERS. WE OUGHT
TO, IN MY JUDGMENT, IN AMERICA HAVE A SYSTEM THAT SAYS IF YOU
{16:25:53} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
COMMIT A VIOLENT ACT, UNDERSTAND THIS. ALL OVER AMERICA,
UNDERSTAND THIS AND LISTEN WELL. YOU COMMIT A VIOLENT ACT,
THERE WILL BE NO GOOD TIME. THERE WILL BE NO PAROLE. THERE WILL
BE NO TIME OFF FOR GOOD BEHAVIOR. YOU WILL GO TO PRISON, AND
THE SENTENCE ADMINISTERED BY THE JUDGE IN YOUR TRIAL WILL BE
THE SENTENCE THAT YOU SERVE IN YOUR PRISON. NO GOOD TIME OFF
FOR GOOD BEHAVIOR. WE NEED TO DO THAT IN THIS COUNTRY. I'VE
TRIED AND TRIED AND TRIED AGAIN IN THIS SENATE TO ADVANCE THAT
{16:26:27} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
PUBLIC POLICY UNSUCCESSFULLY. BUT I AM NOT GOING TO QUIT. THIS
106TH CONGRESS IS ENDING WITHOUT GREAT DISTINCTION. WE DIDN'T
EVEN DISCUSS THE ISSUE OF CRIME. WE SHOULD. I HOPE WE WILL IN
THE 107TH CONGRESS. AND I HOPE PERHAPS THAT OUR REPUBLICANS AND
DEMOCRATS WHO UNDERSTAND THAT IS THERE'S NOTHING PARTISAN ABOUT
ANY OF THESE ISSUES. BUT THERE IS A CRYING NEED IN THIS COUNTRY
TO DECIDE THAT VIOLENT OFFENDERS MUST BE PUT AWAY AND KEPT AWAY
FOR THEIR ENTIRE TERM OF INCARCERATION. IN 1991, WHICH IS SOME
{16:26:59} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
LONG YEARS AGO, THE LATEST STATISTICS THAT I HAVE BEEN ABLE TO
FIND -- IN 19819 BUREAU OF JUSTICE FOUND THAT THERE WERE --
1981 THE BUREAU OF JUSTICE FOUND THERE WERE 106,000 PEOPLE IN
STATE PRISONS FOR OFFENSES THAT THEY COMMITTED WHILE THEY WERE
ON PAROLE FROM A PREVIOUS CONVICTION. LET ME SAY THAT AGAIN
BECAUSE IT'S IMPORTANT. 156,000 PEOPLE WERE INCARCERATED FOR
CRIMINAL OFFENSES THAT THEY COMMITTED WHILE THEY WERE OUT ON
PAROLE FROM A PREVIOUS PRISON SENTENCE. THAT IS EXACTLY THE
{16:27:36} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
CASE IN THE DESCRIPTION OF THE MURDER I STARTED WITH TODAY.
EXACTLY THE CASE WITH ELMER SPENCER JR. OUT EARLY AND A
NINE-YEAR-OLD IS DEAD. AND THIS IS NOT AN UNUSUAL STORY. I
COULD SPEAK FOR TWO HOURS AND MORE AND NOT JUST ABOUT MARYLAND
OR VIRGINIA OR THE DISTRICT OF COLUMBIA. THERE IS A COURAGEOUS
YOUNG WOMAN FROM NORTH DAKOTA NAMED JULIE SHULTZ. JULIE SHULTZ
IS A FRIEND OF MINE. SHE'S THE MOTHER OF THREE. SHE'S FROM
{16:28:12} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
BURLINGTON, NORTH DAKOTA. SHE WAS GOING TO A LEAGUE OF CITIES
MEETING IN WILL LISTTON, NORTH DAKOTA, ON A QUIET NORTH DAKOTA
HIGHWAY AND STOPPED AT A REST STOP. JULIE SHULTZ, MOTHER OF
THREE, AT THIS REST STOP ENCOUNTERED A MAN NAMED GARY WAYNE
PUCKETT WHO SHOULD HAVE BEEN IN PRISON BUT WAS RELEASED EARLY
IN THE STATE OF WASHINGTON. THIS ISSUE KNOWS NO STATE
BOUNDARIES. HE ASSAULTED JULIE SHULTZ AND THEN SLIT HER THROAT
{16:28:47} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
AND LEFT HER FOR DEAD. AND MIRACULOUSLY SHE SURVIVED. I WON'T
DESCRIBE THE EVENT THAT ALLOWED HER TO SURVIVE, BUT THEY WERE
QUITE MIRACULOUS. BUT GARY WAYNE PUCKETT SHOULD NEVER HAVE BEEN
NEAR A REST STOP ON A ROAD IN NORTH DAKOTA ON THAT DAY. HE WAS
RELEASED EARLY. AGAIN, WE KNOW BETTER THAN THAT. STATE
GOVERNMENTS SHOULD KNOW BETTER THAN THAT. PUBLIC POLICY SHOULD
KNOW BETTER THAN THAT. AND WE CAN DO BETTER THAN THAT. IT IS MY
{16:29:22} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
INTENTION TO REINTRODUCE IN THE COMING CONGRESS, IN JANUARY IN
THE COMING CONGRESS, LEGISLATION THAT I HAVE INTRODUCED
PREVIOUSLY. AND THAT IS LEGISLATION THAT WOULD PROVIDE
FINANCIAL PENALTIES IN THE TRUTH IN SENTENCING GRANTS THAT ARE
GIVEN FROM THE FEDERAL GOVERNMENT TO THE STATE GOVERNMENTS FOR
THOSE STATES THAT FAIL TO ENACT LAWS THAT ELIMINATE GOOD-TIME
CREDITS, ELIMINATE THE DANGLING OF TIME OFF FOR GOOD BEHAVIOR
AND SAY INSTEAD BY STATE STATUTE, IF YOU ARE CONVICTED OF A
{16:29:57} (MR. DORGAN) { NOT AN OFFICIAL TRANSCRIPT }
VIOLENT CRIME, UNDERSTAND YOUR ADDRESS WILL BE YOUR JAIL CELL
UNTIL
{END: 2000/12/06 TIME: 16-30 , Wed. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}