Three Strikes and Johnny Holley, Jr: 30 Years for Stealing a Toolbox

By Jeralyn, Section Crime Policy
Posted on Tue May 19, 2009 at 08:01:15 AM EST
Tags: three-strikes laws (all tags)

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In Alabama, Johnny Holly, Jr. has been freed after serving 30 years of a sentence of life without parole. His crime: he stole a toolbox. His sentence was the result of a three-strikes law.

How did he get free?

He is free today only because the Legislature changed the repeat-offender law early this decade.
The change in the law allowed for the possibility of parole. Even so, it took him several years to be resentenced and to get out.

Who helped him ? The prosecutor and a host of prison guards.[More...]

The toolbox's owner, who has since died, didn't want to press charges, but was talked into it by a young deputy district attorney who later concluded that he'd made a mistake.

"I was acting as a knee-jerk prosecutor without the benefit of enough experience to know that law cannot be a 'one size fits all' process," Bruce Maddox, now a lawyer in private practice, wrote in a 2005 affidavit in support of Holley's release.

60 prison guards urged his release, saying he was a changed man.

The cost to Alabama for his incarceration: $400,000.

As one law enforcement official says, if you want a policy where you lock people up forever, "You better get out your wallet."

As for what Holley's been doing since his release:

Since his release, Holley has gone from church to church to share his testimony and dissuade young people from following the "corrupt" path that did him so much harm. He hopes to find a job using some of the skills learned in prison. Assuming that he meets his parole conditions, a pardon is possible as early as 2011.

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Three Strikes and Johnny Holley, Jr: 30 Years for Stealing a Toolbox | 62 comments (62 topical)

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May One Conclude That Perhaps (5.00 / 1) (#6)
by tokin librul on Tue May 19, 2009 at 09:53:19 AM EST

Me. Holley's skin was of a far darker hue than that of his accusers, prosecutors, and jurors?

Just askin?

here we go again (2.00 / 2) (#8)
by Iamme on Tue May 19, 2009 at 10:23:47 AM EST

When the law was made that said "dont steal" it did not reference any particular color. This is where you lose any sympathy from me when you play this race card here.

Did he steal something? YES. Did he break the law three times? YES. Did he get caught and prosecuted 3 times? YES.

I bet if he was black and he didnt steal anything he would not have been a 3 time offender.

Please dont defend him due to color when the crime was committed. Did he break the law? YES. The end.

If he didnt break the law we wouldnt be talking about this issue or his skin color.

If people of color want to stop being put in jail then its easy. Stop breaking the law. I work with a large array of people of color and they dont seem to have any problems. WHY? They dont break the law.


so I'm assuming you haven't driven over (5.00 / 1) (#35)
by of1000Kings on Tue May 19, 2009 at 01:52:03 PM EST

the speed limit three times in your life?

that's still breaking the law...

here in St Louis I see 25 people a day making a right turn on red (where it's posted not to do so) or making a right turn where no right turn is allowed, or making a left turn on yield when the sign posted says left turn on arrow only...or a u-turn in the middle of a major road...

seriously, probably 25 times a day I see this...

but hey, I guess we all get to decide what laws are worth regarding and which are not...

I know, it's a stretch because in our minds breaking a speed limit law isn't the same as stealing a freaking toolbox, but our minds are wrong; we can convince ourselves of anything we want...


: also you are talking about 2 different sets (none / 0) (#53)
by nyjets on Tue May 19, 2009 at 02:45:12 PM EST

You are also talking about 2 set if crimes.
Most traffic crimes are violations. Most of the time, they do not follow you around (unless you want a job involve driving).
Stealing a tool box is a felony.
In other words, there is a world of difference between commiting a series of crimes that are nothing more than violations and commiting a series of felonies.

so the system works (2.00 / 1) (#3)
by Iamme on Tue May 19, 2009 at 09:08:20 AM EST

He committed 3 crimes at different times. Since he was a model inmate people came to his defense and got him out.

I would rather err on the side of caution with people who commit 3 seperate crimes at 3 seperate times (can we say repeat offender) and lock them up. Only them can we tell which ones need to stay and which ones we should release. Clearly if the person deserves release there are ways in which it can be done as the story illustrates.

: Erroring on the side of caution... (5.00 / 2) (#4)
by kdog on Tue May 19, 2009 at 09:17:06 AM EST

I don't know man...erroring on the side of liberty and freedom feels so much better.
30 years, without a corpse to be found, is just nuts.

: I probably committed (none / 0) (#5)
by eric on Tue May 19, 2009 at 09:50:56 AM EST

three crimes last week.

Do we know (none / 0) (#1)
by jbindc on Tue May 19, 2009 at 08:07:55 AM EST

what his previous crimes were? I'm just curious because the article says they didn't involve hurting anybody, but in this instance he pulled out a knife, making this an armed robbery. Was this out of character for him?

Yep (none / 0) (#2)
by TeresaInSnow2 on Tue May 19, 2009 at 08:48:02 AM EST

These 3 strikes laws amount to convicting a person for "pre-crimes," just like in the Minority Report movie.

But it would be interesting to know if any other crimes involved drawing a weapon. If he hadn't been incarcerated for as long as he had so he'd think to "find Gawd" in the first 3 months, would he have gone on to commit murder?

But see my statement one.

Many times through (none / 0) (#7)
by Iamme on Tue May 19, 2009 at 10:16:49 AM EST

Error on the side of Freedom? Interesting comment since this guy committed a crime 3 times, was caught 3 times, was prosecuted 3 times. How many times do we need to give him?

You would think he would have understood the rules after the 1st time and damn sure got them after screwing up the 2nd time. And yet he went and stole something again.

So what freedom and liberty are you talking about? The freedom to walk up to someone elses property and the liberty to steal from them repeatedly?

This was not a 1st time offender.

The liberty of society at large... (5.00 / 1) (#9)
by kdog on Tue May 19, 2009 at 10:25:40 AM EST

if he stole 3 times, punish him 3 times for stealing...where the f*ck does a 30 year sentence come from? Has no place in a free country...no place.

It's not about the thief, its about us bro...I don't want to be a part of a society that locks up petty thieves for 30 years...and for once, a state legislature agrees! Though that may be for economic reasons, not moral ones.


I see your point (none / 0) (#10)
by Iamme on Tue May 19, 2009 at 10:43:55 AM EST

I see your point. Punish him for the crimes committed. Completely agree.

At some point, when people repeatedly demonstrate their inability to be functional in society then other measures need to be taken.

If I stole your TV and got a year. Then I stole the new one you just bought and got another year. Then I came back to your house and stole a third one from you.

Just a guess but you would be thinking "damn why cant they stop this from happening" This same guy keeps doing this. We could give him another year but if he looked at you and said. "I will be back next year". You would be at a loss of what to do.

Well you could get a security camera. Doesnt help we keep catching him anyway. You could move. Seems like a huge inconvenience for a law abiding citizen like your self. You could restrain him and wait for the police. That doesnt sound so good. He will just come back again tomorrow. Or you could shoot him when he came back. Not really good for you or him.

Showing a habitual pattern deserves another stronger method of punishment.

Society and my fredom in a free country also need to be protected. I guess I am more about a victims right to be protected and you are more about protecting the criminals rights.

So be it. Thats why we live in the greatest country on the planet we can openly disagree with out fear of death.


I just accept a higher crime rate... (none / 0) (#11)
by kdog on Tue May 19, 2009 at 10:57:46 AM EST

as the cost of living in a free society...the alternative, an overall less free society with an even more obscene prison population, is not something I want any part of.

Free societuies are inherently more dangerous...it is worth it my friend.


Is it however? (none / 0) (#15)
by nyjets on Tue May 19, 2009 at 11:41:31 AM EST

Are 'free' societies worth it if a person has to worry about people stealing the belongings, invading there homes, driving like fools on the road, or being murdered.
The fact is that the individual commited not one but three crimes. This suggests to me that the person was a career criminal. Maybe life was to much. But it was obivous that normal punishment was not working so a long sentence may have been the correct path for this guy.
I can not say I feel sorry for this guy doing 30 years in prison.


Then I think you seriously underestimate... (none / 0) (#16)
by kdog on Tue May 19, 2009 at 11:53:58 AM EST

30 years in a cage nyjets.


Armed robbery of the toolbox (none / 0) (#17)
by sarcastic unnamed one on Tue May 19, 2009 at 12:01:02 PM EST

was the 8th felony he was convicted of.


Yet, it appears.... (none / 0) (#19)
by kdog on Tue May 19, 2009 at 12:08:44 PM EST

the guy is on the right track now...finally:)

One thing for sure, if his thieving days are truly over its cheaper with him free, and easier on our collective soul.


No argument form me really. (none / 0) (#22)
by sarcastic unnamed one on Tue May 19, 2009 at 12:24:41 PM EST

I'm not a huge fan, in general, of three strikes although I do support increasing consequences for career criminals.

I wish him well.


: As extreme as I am... (none / 0) (#23)
by kdog on Tue May 19, 2009 at 12:34:49 PM EST

I'm not opposed to smaller incremental increase in punishment for serious offenses....as long as we don't get close to thirty years without some bodily harm to a victim being involved in the crime/crimes.

Just figured it out (none / 0) (#28)
by Iamme on Tue May 19, 2009 at 01:06:44 PM EST

kdog - College age, many fine ideals circling through a fine mind. May be a very book smart individual. Cares for the planet and generally wants to make life better. Very admiral goals.

His views will change when. 1.) His car is stolen right from where he parked it like my parents. 2.) His house is burgalarized and many things were taken. Like my house. 3.) His aunt is raped and killed in a laundry mat. Like mine. 4.) His brother in law is convicted of DUI 4 times and stays out of prison only to have a 5th one that involved injuring a minor and they finally got his dangerous ass off the roads.

Once he gets some life experience under his belt his views will change about criminals.


: Try... (none / 0) (#32)
by kdog on Tue May 19, 2009 at 01:48:09 PM EST

early 30's...but a bit of a Peter Pan complex:)
More street smart than book smart by my own estimation.
My house was robbed once, didn't bother to report it...I don't call police as a rule.
Luckily have never had a family member be victimized by violence...very sorry to hear you have. Sun god forbid it were to happen, I hope my views wouldn't change, more likely I'd seek my own justice if I could not forgive or move on.
But I have been none to change my mind and change it again...not so much with the issues dearest to my heart, like the ever-expanding police state we live in.
My dad was an ex-con and the greatest human being I've ever known, faults and all...that might be what you're looking for Dr. Frued:)

Hey, so you stole a third time (none / 0) (#13)
by wystler on Tue May 19, 2009 at 11:10:20 AM EST

"Throw away the key" is still not an appropriate solution for you. It ignores society's responsibilities.


therein lies the rub (none / 0) (#29)
by Iamme on Tue May 19, 2009 at 01:16:21 PM EST

society's responsibility. Its never the criminals fault is it?

How about some personal responsibility? By the guy committing the crime.

Oh no I am a career thief but YOU have to take care of me.

Wystler if you feel so strongly please go to the nearest jail and sign up to be a halfway house for a career thief and let him live with you. I bet you dont want a thief living in YOUR house. We agree. I dont want him in my house either thats why he is locked up. He cant keep his hands off other peoples hard earned possesions.


sounds like you may value your 'possessions' (5.00 / 1) (#37)
by of1000Kings on Tue May 19, 2009 at 01:56:12 PM EST

a little too much...but I guess you are American, so it goes without saying...


Its a free country (none / 0) (#51)
by Iamme on Tue May 19, 2009 at 02:32:05 PM EST

I get to value whatever I want to. Its a free country. That still doesnt give anyone the right to take from my possesion. Yes I am an American. If you are not I am sorry. This is the greatest country on the planet.

But dont take my word for it look at the immigration records. If we are so bad why are so many people trying to come here. Trying to get into this country? It is because it is "warts and all" the best country to live in period. Do you ever hear of immigration issues in Mexico, Canada, Peru, China, Russia, anywhere in Europe? NO you dont because while some are moving to those countries there is an overwhelming number of people trying to come here.

So say what you want people that are repeat offenders should be locked away for a long period of time and I am damn proud to be an American.


: And your feelings are in direct oppostion to the (none / 0) (#71)
by Jeralyn on Tue May 19, 2009 at 11:17:52 PM EST

principles of this site. You may express them four times a day and no more. See the comment rules on chattering.

dog, you're taking it too light (none / 0) (#12)
by wystler on Tue May 19, 2009 at 11:08:25 AM EST

He wasn't sentenced to 30 years.

He was sentenced to natural life (no parole).

For stealing a toolbox.

Don't let the people come with the "did he do the deed" argument. That kind of get-tough-on-crime-on-steroids attitude has us in the crisis we have today, with far too many Americans locked up.


: did he do the deed argument (none / 0) (#25)
by Iamme on Tue May 19, 2009 at 12:54:35 PM EST

What in the world are you talking about? What is the first thing they do in a court of law? They read the charges. "did he do the deed argument".
so in your world wether he stole something that someone else worked hard for is OK. Are you a thief? Do you think its ok for someone else to take my possesions? So in your world we are going to have a list of all the material things on the planet and then each one has its own sentence? We do that today. Repeat offenders. Maybe you should have said "did he do the deed many many many times argument"
The ratiional people (of any color)who dont do things to get them