January 1, 2012
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By Hanifa Travesser
Imagine yourself in prison. Allow yourself to feel the suffering which that formidable ordeal encompasses. Each day, every day, being separated from those you love and who love you. Each day, an interminable repetition of the day before. Each day living alone in the chaos, caged in steel mesh and cement enclosures, surrounded with grievous restrictions, violence, and danger. Now imagine having been sentenced to live here for the rest of your life for a crime that never happened.
On December 15th, 2008, Wayne Bent was convicted of Criminal Sexual Contact of a Minor, in this case, a 16 year old girl. This same young lady testified on the witness stand that Wayne Bent did not touch her sexually and has since publicly stated that Mr. Bent was wrongfully convicted and is innocent of the charge (Read the Witness Affidavit 1.2mb PDF). Wayne Bent also testified under oath that he did not sexually contact this young woman and was innocent of the charge against him. Nevertheless, the judge in Mr. Bent’s trial sentenced him to 18 years for this non-crime.
Mr. Bent’s trial was fraught with illegalities, beginning with an illegally convened grand jury. Additionally, the State refused to allow exculpatory evidence to be presented to the grand jury. The judge in the trial also refused most of Mr. Bent’s witnesses that could corroborate his testimony. The State was also permitted to introduce rumor and gossip to the court for which there was no substantiating evidence. They were allowed to go “beyond the scope”, and the public defender’s objections to this illegal practice were silenced by the court. The senior trial prosecutor demanded of the jury a conviction, falsely asserting as he did in his closing statements that his witness had said she had been touched sexually, and so therefore, Mr. Bent must be guilty of criminal sexual contact, despite the fact that his witness had actually stated unequivocally, while in court, on the stand and under oath, that Mr. Bent had not done so and therefore was not guilty.
Following due process, Mr. Bent appealed his conviction and won (Read the Court of Appeals Opinion 48kb PDF). The appellate court did not deal with any other issue of the unfair trial because the very first point of contention, regarding an illegal grand jury, was enough to throw out the conviction. They ruled that, in effect, Mr. Bent did not even go to trial, for it was illegal.
Now Mr. Bent has served three years in state prison for his non-crime, resulting from his non-trial. He won his appeal on June 28th, 2011 and yet, still remains in prison, without bond being allowed, until this very day. As things currently stand, and without intervention, Mr. Bent, who is nearing 71 years of age, will spend the rest of his life in prison for his non-crime, determined by his non-trial.
Imagine yourself in this place, having committed no crime and yet being treated as a criminal and imprisoned for life. Imagine how it would be to bear this ongoing ordeal. It seems that anyone might appear justified in experiencing bitterness and anger.
Yet, Mr. Bent remains philosophical and at peace about his imprisonment, since he is reminded of the many people of faith in past ages who have been imprisoned or executed for their non-crimes.
Imagine that.
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