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Published: May 5, 2022, 10:30 a.m.

Earning Freedom: Conquering a 45-Year Prison Term by Michael Santos

Chapter eight, part two.

Months 103-127

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While planning for law school I continue to build a strong network of support. To overcome the resistance and bias I expect to encounter, I put together a package that I call my portfolio. It describes my crime, expresses remorse, and articulates the steps I\u2019ve taken over the past decade to atone. The portfolio includes copies of my university degrees and endorsement letters from the distinguished academics who support me. I\u2019m certain that a wide support network will open more options upon my release and I send the portfolios to people who might sponsor my efforts.

My strategy is simple. I\u2019ll continue what I began before I was sentenced, when I wrote to Stuart Eskenazi, the journalist who covered my trial for readers of the Tacoma News Tribune. In my letter to him, I expressed my intentions to live usefully in prison and redeem myself by preparing for a law-abiding life upon release.

The new portfolio I\u2019m creating not only records my accomplishments but also shows my progress toward the clearly defined goals I set. In it, I ask readers to consider me as the man I\u2019m becoming rather than the one who made bad decisions in his early 20s. Taking a lesson from business stories I read in The Wall Street Journal, I supplement the portfolio by writing quarterly reports every 90 days and I distribute the reports to those in my growing support network. My quarterly reports describe my projects, the ways that they contribute to my preparations for release, and my challenges. They are my accountability tools.

By living transparently I invite people to hold me accountable, to judge me by what I do, not by what I say. Any prisoner can say he wants to succeed upon release, but my daily commitment and the actions I take allows others to evaluate whether they should continue giving me their trust, sponsorship, and support.

With pride in my progress, and the ways I\u2019ve responded to the challenges of imprisonment, my parents share the portfolio with others. My father gives a copy to his friend, Norm Zachary, and Norm passes it along to his sister, Carol Zachary. I\u2019m thrilled when my father tells me over the phone that Carol wants to help and that I should call her. She is a married mother of two who lives in Washington, D.C., where her husband, Jon Axelrod, practices law.

\u201cThis is Michael Santos, calling from the federal prison in Fort Dix.\u201d I introduce myself. \u201cMy father suggested I should call to speak with Ms. Zachary.\u201d

\u201cOh, Michael! I\u2019m so glad you called. Please call me Carol. My husband and I have read through your portfolio and we want to help. You may not remember, but Norm brought me to a party at your parents\u2019 house when you were a child. We spoke about the Hubble telescope.\u201d

\u201cI remember. I was about seven or eight then.\u201d

She corrects me, reminding me that I was older when we met, already a teenager.\xa0 Then she says that she would like to build a friendship and asks that I send her the forms necessary to visit.\xa0 \u201cI want to bring Zach and Tris, my sons. We need to talk about what we can do to get you out, and if you\u2019ll let me, I\u2019d like to lead the effort.\u201d

This is precisely the type of support I hoped to find as a result of preparing that portfolio. As Ralph Waldo Emerson was known for having observed, shallow men believe in luck, but strong men believe in cause and effect. Ever since Bruce came into my life I\u2019ve known and appreciated the value of mentors. He guided me from the beginning through our weekly correspondence and his regular visits. Because of his support, I\u2019ve matured and grown in confidence, as a scholar, in mental discipline, and I\u2019m well prepared to contribute positively to society.\xa0 By taking deliberate action steps to expand my support network, I really scored, attracting Carol\u2019s attention. When I walk into the visiting room to meet her and her sons, Zach and Tristan, they greet me with an embrace, as if I\u2019m already family.

While sitting across from each other in the hard, plastic chairs of Fort Dix\u2019s brightly lit visiting room, I learn about the Axelrod family. Carol, a former English teacher, is a Boy Scout leader who takes an active interest in her community. She volunteers for the Red Cross, substitutes in the local schools, and, along with her husband Jon, is deeply involved in her sons\u2019 sports and school. She\u2019s determined to groom them as responsible citizens.

Zach is 12 and he tells me about his baseball and hockey teams. When I ask what he wants to do when he grows up, he answers without hesitation: \u201cI want to be the CEO of a publicly traded company,\u201d and I don\u2019t doubt for a second that he\u2019ll succeed. His intelligence impresses me, especially when he grills me about what I\u2019m planning to do with my life once I\u2019m released.

\u201cI\u2019m looking into law school right now,\u201d I answer.

\u201cDo you think people will want to hire a lawyer who\u2019s been in prison?\u201d Zach asks the question with a genuine eagerness to learn more about me.

\u201cZachary,\u201d scolds Carol.

\u201cWhat, Mom? I\u2019m just curious.\u201d

\u201cOf course people will hire him,\u201d she tries to soften his bluntness.

\u201cThat\u2019s a good question, Zach.\u201d I\u2019m impressed with his confidence and directness.

\u201cSee, Mom.\u201d

\u201cBut I\u2019m not going to law school to practice law. I\u2019m convinced that more education will open career opportunities once I\u2019m home, and studying law will help me through whatever time I\u2019ve got left to serve. Wherever I serve my sentence, prisoners will need legal assistance and if I study law, I\u2019ll be in a position to help.\u201d

\u201cThat makes sense,\u201d Tristan, Zach\u2019s younger brother, considers my response.

\u201cWhat we need to do is get you out of here,\u201d Carol says, bringing us back to the central issue. \u201cJon and I have spoken with some acquaintances who work for the Justice Department. They can\u2019t get involved because of rules about conflicts of interest, but they did insist that we need a top-notch Washington lawyer to represent you.\u201d

\u201cI\u2019d love to have a lawyer. But the truth is, I don\u2019t have any financial resources.\u201d

\u201cWell we\u2019re going to raise some.\u201d

\u201cHow?\u201d

\u201cYou\u2019ve built this wonderful support network. I\u2019m sure the people who believe in you will help.\u201d

\u201cBut I can\u2019t ask them for money.\u201d

\u201cWhy not? They want to help you.\u201d

\u201cI just wouldn\u2019t feel right asking anyone for money. I\u2019ve already lost one effort at clemency, and I\u2019m coming to terms with the likelihood that I\u2019m going to serve my entire sentence. I\u2019m trying to build my network so I\u2019ll have people who will help me overcome the challenges that I\u2019m going to face.\u201d

\u201cBut we\u2019re not going to let you serve 16 more years, at least not without trying to get you out. You may not want to ask others for financial assistance, but as long as you don\u2019t object, I\u2019m going to ask on your behalf.\u201d

I\u2019m speechless, suppressing emotions that I\u2019m not accustomed to feeling. Of course I crave my freedom. I\u2019m 33, well educated now, and after 10 years inside, I\u2019m as ready for release as I\u2019ll ever be. If I could return to society now, I would still have a reasonable chance to build a career and begin a family. Carol\u2019s offer to advocate for my freedom validates me, bringing a sense of liberty, of worthiness that I cherish and appreciate.

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Carol coordinates a team to help me. She persuades Tony Bisceglie, a highly regarded Washington, DC lawyer, to represent me pro bono. She travels to meet with my mentors, Bruce, Phil McPherson (Bruce\u2019s brother), and George Cole. With assistance from Julie, my friends Nick and Nancy Karis, and other friends from Seattle and elsewhere, Carol launches a fundraiser to begin the Michael Santos Legal Defense Fund, and she solicits thousands of dollars to cover legal expenses. The money comes from anonymous donors, people who now have a vested interest in my freedom. I can\u2019t participate from prison, and I don\u2019t know what success they\u2019ll have, but their combined energy fills me with hope.

Tony orders transcripts that document my case. After reading them he determines that I have grounds to file for relief from the court. I\u2019m ambivalent about the plan of a judicial action because I wanted to earn my freedom rather than pursue liberty through a legal technicality. More than a decade has passed since my conviction became final and we know the request for judicial relief is a long shot. Further, the judge who presided over my trial is known for meting out long sentences and never reducing them. Through his research Tony discovers that the prosecutors in my case once tried to settle. If I had pleaded guilty instead of going to trial, the prosecutors would\u2019ve agreed that a 20-year sentence was appropriate. Since Raymond, my trial attorney, never told me of the government\u2019s offer, Tony insists that rather than pursuing a commutation of sentence, I need to file a petition with the court for relief.

To prepare the legal motion, Tony enlists the help and support of Tom Hillier, the Federal Public Defender for the Western District of Washington, to accept my case. Tom then recruits Jonathan Solovy, a top-notch Seattle attorney who agrees to prepare the documents and argue for my release. Coordinating all these efforts requires hundreds of hours, and I\u2019m moved that professionals who\u2019ve never met me give of themselves so generously for the singular purpose of freeing me.

The legal team employs investigators to gather evidence that will bolster my petition. Jonathan works diligently to persuade both the government and the judge to reconsider my sentence.

But in the end, we lose. Judge Tanner is unmoved and he lets the sentence stand. Everyone on the team is concerned about how I\u2019ll react to the decision. Strangely, I\u2019m at peace, grateful to have received love and support from so many strangers who\u2019ve now become friends.

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Bruce visits me at the beginning of 1998, beyond my 10-year mark. He wants to discuss my plans for law school. Through letters we\u2019ve discussed possibilities for moving through the remainder of my sentence productively. He\u2019s not convinced that studying law by correspondence is my best option.

\u201cI really liked your idea of spending the final years of your sentence becoming an artist, a painter, or a musician, or even studying a foreign language. Those pursuits would round out your education and maybe free some creativity within you,\u201d Bruce says, sitting across from me in the visiting room.

\u201cBruce, I\u2019m going to serve 16 more years. I\u2019m not even halfway through my term. I don\u2019t want to devote myself to another project that prison administrators can take away. Although I\u2019ve thought about learning to paint or play the piano, if I were transferred I\u2019d have to go through all this frustration again because of red tape, and that\u2019s only if I could continue. Some prisons don\u2019t even offer music or art programs.\u201d

Bruce nods his head as I describe my reasons, then he leans back in his chair.\xa0 \u201cBut that\u2019s the essence of a liberal education. You could study painting and piano here, and if you\u2019re transferred you could study foreign languages or poetry there. The more you learn, the more you\u2019ll be able to appreciate when you come home.\u201d

\u201cIt\u2019s going home that I\u2019m thinking about. What will I face when I walk out of here?\u201d

\u201cYou\u2019ll have friends who will help you.\u201d

\u201cYes, but I want to stand on my own feet, not come out weak, with my hat in hand looking for handouts.\u201d

\u201cDon\u2019t express yourself with clich\xe9s,\u201d he admonishes.

\u201cYou know what I mean. By then I will have served 26 years, and I need to anticipate the obstacles I\u2019ll face. I\u2019ll be nearly 50, but I won\u2019t have any savings, I won\u2019t have a home, I won\u2019t even have any clothes to wear. With my prison record, employers will resist hiring me. If I don\u2019t prepare for those obstacles, I\u2019m going to run into tremendous resistance. How will I start my life?\u201d

Bruce rubs his head. \u201cThe law school you\u2019re considering, though, isn\u2019t of the same caliber as your other schools. Hofstra and Mercer have impeccable credentials. Wherever you go, people will respect those degrees. If you want to study law, I think you should wait until you\u2019re home, where you could earn a degree from a nationally accredited school, not a correspondence school that the bar association doesn\u2019t recognize. What\u2019s the real value of that degree? It won\u2019t even permit you to sit for a bar exam.\u201d

I lean forward, eagerly trying to explain my decision. \u201cThat\u2019s what I couldn\u2019t be so clear about in the letters I wrote to you; I have to be careful of what the guards read. I\u2019m not studying law because I want to practice as a lawyer. I\u2019m studying law because I want to use what I learn to help other prisoners who want to litigate their cases. Look around this room. Nearly every prisoner here wants another shot at getting back into court. If I study law, I\u2019ll be able to help them.\u201d

\u201cBut if you\u2019re not a lawyer, how can you represent them?\u201d

\u201cI\u2019m not intending to represent them. What I\u2019ll do is help them research the law and write the briefs. They\u2019ll submit their own legal documents, pro se. Sometimes I may help people persuade lawyers to take their cases, like Tony and Jonathan took mine. A law school education, together with my experience, will enable me to offer more and better assistance. Prisoners will pay for my services.\u201d

\u201cThat\u2019s what troubles me.\u201d\xa0 Bruce says, shaking his head. \u201cYou\u2019ve worked all this time to build a record as a model prisoner, to educate yourself and keep a clean disciplinary record. Now you\u2019re talking about breaking the rules by becoming some kind of jailhouse lawyer, exposing yourself to disciplinary infractions and possible problems with the system. It doesn\u2019t make sense to me.\u201d

\u201cYes, I\u2019ve worked hard to live as a model prisoner. What has it gotten me? Instead of support, I meet resistance. Administrators transfer me to frustrate my efforts and to block me from completing my studies. I don\u2019t have any interest in being a model prisoner. My interest, my only interest, is succeeding upon release. And I think the best way I can do that is by preparing myself financially.\u201d

\u201cSo how are the prisoners going to pay you?\u201d Bruce smirks at my plan. \u201cAre they going to fill your locker with candy bars and sodas? How will that help when you get out?\u201d

\u201cThey won\u2019t pay me directly. If a guy asks for my help, we\u2019ll agree on a price. Then he\u2019ll have his family send the funds to my family.\u201d

\u201cBut is that legal?\u201d

\u201cAlthough we have too many laws in this country, as far as I know, it\u2019s still legal for one citizen to send money to another citizen. My sister will pay taxes on any money she receives and she\u2019ll hold it for me until I come home. Prison administrators may not like it, but it\u2019s not against the law for Julie to receive money from another prisoner\u2019s family. My helping another prisoner with legal motions isn\u2019t against the law either.\u201d

\u201cIt just seems kind of sneaky, totally different from the open-book, transparent approach that you\u2019ve followed.\u201d Bruce remains skeptical.

\u201cI don\u2019t see it that way. The plan is totally consistent with the open-book approach, and I intend to do it openly.\u201d

\u201cHow so? You won\u2019t even receive payment directly.\u201d

I shrug my shoulders. \u201cThat\u2019s only because I\u2019m living within the rules imposed on me. But I\u2019ll be honest about what I\u2019m doing, and truthfully, I\u2019ll take pride in beating a system that perpetuates failure.\u201d

Bruce shakes his head again. \u201cYou might be living within the letter of the rules by not receiving money directly, but you won\u2019t be living within the spirit of the rules.\u201d

\u201cPrison rules don\u2019t concern me. Living as a model inmate isn\u2019t going to help me when I walk out of here. No one is going to care that I didn\u2019t receive any disciplinary infractions. People may not even look beyond the fact that I served 26 years in prison. I need enough money in the bank to meet all of my expenses during my first year of freedom, whether I receive a paycheck or not. I\u2019ll have to buy a car, pay rent, buy clothes, and pay for everything else I\u2019ll need to start my life. Meeting those responsibilities has much more value to me than observing the \u2018spirit\u2019 of prison rules.\u201d

\u201cYou\u2019ve really thought this through,\u201d Bruce begins to relent. \u201cHave you considered the possible consequences? What if they transfer you back to high security?\u201d

\u201cI don\u2019t care where they send me. From now on, my sole focus is to prepare for a successful, contributing life. That\u2019s not going to happen by accident.\u201d

\u201cWhat prompted this new resolve? The court decision that denied you an early release?\u201d Bruce\u2019s support for me is evident in his caring tone and genuine interest, and I appreciate his willingness to listen as I share my thoughts.

\u201cI know that you limit your reading to classical literature, but it was a book I read by Stephen Covey, The Seven Habits of Highly Effective People. Have you ever heard of him?\u201d

\u201cNo,\u201d Bruce says ruefully, laughing. \u201cI enjoy an occasional good detective story, but I don\u2019t read much from the self-help or inspiration genres.\u201d

\u201cWell I find it helpful and I think you might identify with Covey.\u201d

\u201cWhat makes you think so?\u201d

\u201cHe\u2019s a former professor who taught at Brigham Young University, and his focus of study was leadership. Covey\u2019s book validates my choices, the way I\u2019ve lived for the past 10 years, and it\u2019s helped me set the strategy I\u2019ll use going forward.\u201d

\u201cHow so?\u201d Bruce asks, curious.

I\u2019m eager to explain.

\u201cIn his study of leadership, Dr. Covey found that successful people share seven habits in common.\u201d I hold up my hand and use my fingers to tick them off. \u201cOne, they\u2019re proactive. Two, they begin with the end in mind. Three, they put first things first. Four, they seek first to understand, then to be understood. Five, they think win-win. Six, they synergize. And seven, they constantly work to sharpen their approach.\u201d

\u201cWhat? Are you telling me that\u2019s a revelation for you? You still haven\u2019t answered my question.\u201d

\u201cWhat question?\u201d

\u201cWhy the shift in your strategy?\u201d Bruce asks again, clarifying.

\u201cI\u2019m pragmatic. Truthfully, it\u2019s more of an evolution than a shift. I\u2019ve been following Covey\u2019s seven habits of leadership ever since I was in the county jail, when I read of Socrates. By continuing to educate myself, I\u2019m taking proactive steps to overcome my adversity. By knowing the challenges that await my release, I\u2019m beginning with the end in mind. By enrolling in law school, I\u2019m putting first things first. I understand my environment, my limitations, and the ways I can make myself most useful. By pursuing this goal I\u2019ll be able to generate the resources necessary to stand on my own when I leave prison. That\u2019s win-win. It\u2019s a way to use my education and to lead a more meaningful life in here.\u201d

\u201cHave you figured out your rates yet, Counselor?\u201d Bruce teases.

\u201cWhatever the market will bear. Isn\u2019t that the American way?\u201d I grin, 100 percent committed to the strategy driving my plans.

\u201cI\u2019m serious. What do you expect to gain from all of this?\u201d

\u201cThe law school program is self-paced, independent study. I expect to finish in 2001. If I charge $500 for research or writing legal motions, I think I can earn an average of $1,000 a month over the 12 years I\u2019ll still have to serve. After taxes, that would leave me close to $100,000 in the bank when I walk out of prison.\u201d

Bruce nods, smiling. \u201cI only have one more question. If the warden won\u2019t let you receive books from U. Conn., what makes you think he\u2019s going to let you receive books from the law school in California?\u201d

\u201cThat\u2019s the nice thing about law school. I won\u2019t need to access an outside library. Every federal prison has its own law library. I\u2019ll just purchase the other books I need. As long as the bookstore sends the books directly, I won\u2019t need special permission from the prison.\u201d

\u201cSo you\u2019re all set then?\u201d

\u201cI\u2019m ready.\u201d

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