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America's public enemy number one
in the United States, is drug abuse.
Drugs are menacing our society.
They're threatening our values;
they're killing our children.
The crime bill before Congress
gives you the chance to do something about it,
a chance to be tough and smart.
We must make the streets safer.
I don't care why
someone is a malefactor in society.
It doesn't matter whether or not
they were deprived as a youth,
they must be taken off the street.
There you go.
Odessa, get a little closer.
Sometimes, I don't recognize the girl
in the white dress at her debutant ball.
That girl had everything,
nice house,
suburban schools,
great parents,
and no idea that soon
everyone would be asking where it all went wrong?
But I know,
and I want you to know.
My name
is...
Kemba!
Are you still in there?
Kemba?
Kemba.
Kemba are you still in there?
Yeah, I'll be right out.
Kemba, let me in.
Seriously, what are you doing?
Y'all can wait.
What are you doing still in here?
Don't.
Got your own party?
Own bottle service and everything.
Look at that.
Look.
I don't think I should be here.
No, no,
- no, no, no. - I think..
Look at me!
Look at me.
I don't fit in.
Listen.
Okay, so just give it an hour
and if you don't like it, you can leave.
See?
Look.
- No. - Yes.
Come on, let's go.
You're not ending your first college party in a bathroom.
No.
And if a guy makes you nervous,
just pretend you have a boyfriend.
I don't know, Lisa.
Oh, come on, Kemba.
You know you got it in there somewhere.
Oh my God.
You just gotta find it.
I could never do that.
My mom would kill me.
But she's not here tonight.
So, tonight,
is our first college party. Come on.
We're all waiting.
Ok! Chill.
See, see?
This party is gonna change your life.
I know you love this song.
Yes I do.
- Hey Lisa. - Huh?
Isn't that the girl from our dorm?
- Oh yeah - Tamara.
Who's she with?
Girl, she told me about him.
He don't even go to Hampton.
He is not your type.
Oh, hey.
Who's that?
That's Jamal.
Wait, do I have anything in my teeth?
Okay, well I'm gonna go dance with him.
- I'll be right back. - Okay.
Have fun.
What's up beautiful?
I'm Khalif, what's your name?
Does your girlfriend mind you talking to another girl?
Who? Her?
Nah, that ain't my girlfriend.
We just know some of the same people
from back home, is all.
I said what's your name?
Kemba.
It's Kemba.
What's your middle name?
Niambi.
- Niambi. - Mmhmm.
That's sexy.
I like that.
What's your last name?
My last name is Smith.
What's so funny?
How you gonna have a name like Kemba and Niambi
and the last name Smith?
What are you talking about?
I think it sounds normal.
I don't know.
Smith ain't your real last name.
It's not?
Naw.
See your ancestors are from Africa
and they were stripped of their true name
and given a white slave master's name
to control their mind.
Okay.
So I guess you gotta change your name, right?
Um...
I should go.
- Yeah? - Yeah.
- You sure? - Yeah!
Damn.
What'd that book do to you?
Kemba Niambi Smith, right?
You got out of there pretty quick the other night.
How did you find me?
I know people who know people.
- Oh, do you? - Mmmhmm.
Well, I was just getting ready to go, so...
Damn, bedtime already?
I'm keeping you from something?
No, I just, I have another chapter to read.
At least tell me what time.
What time, what?
Time I can take my African princess
out for a date tomorrow.
Okay, well I can't, I have class.
Mmhmm.
And I have a boyfriend.
You got class,
you got a boyfriend and you got a date with me.
So, what time?
You're crazy.
I know.
3 o'clock,
I'll be over.
Kemba Niambi Smith.
You look beautiful.
Thank you.
What is that, a blindfold?
You want me to put this on now?
Yeah, it's part of the surprise I got for you.
Come on, it's like a game show.
You've gotta play, in order to win the prize.
And what's the prize?
Nah, I can't tell you that right now.
Put it on and find out, though.
Please don't drop me.
No, it's not funny.
You too light for that, come on.
This is nicer than the dorms.
Nice, so that means you're gonna have to come...
hang out a little more often.
- You like that? - Mmhmm.
It's a surprise.
It's beautiful.
Cheers.
♪ Girl I knew I had to hold you ♪
♪ I wanna do it right away
So, if you're so serious about having this boyfriend,
I guess I should listen, huh?
Yes, you should.
It's a very serious topic.
Oh yeah?
And what? Does this boyfriend buy you gifts?
This is beautiful.
Like you.
Thank you.
See, it represents the time
that I hope we get to spend together.
So...
what should we talk about?
Well I damn sure don't wanna talk about
this boyfriend no more.
I mean he wouldn't mind if I did this right?
No, I don't think he'd mind.
- That's fine. - Yeah.
How about this?
♪ Reality
♪ It's a fantasy
Yeah, that's fine.
♪ Please don't wake me ♪
♪ All my love is for you
♪ Whatever you want I will do
♪ You're the only one I want in my life ♪
♪ For you I make that sacrifice ♪
Hi.
Hey, Grandma.
Your parents have been calling you the past couple days,
but you've been in and out.
Sorry.
I'm gonna see them tomorrow so...
Well tell 'em you live at the library,
'cause that's what I've been saying.
Thank you.
What else have you been telling 'em?
Just that you have the best roommate ever.
Oh, okay.
Yeah I'll try to remember that.
And is that a slight accent I'm hearing?
Yeah, it must be the Jamaican in me.
- Oh. - Yeah,
even though me and my brother moved here
when we were really young, it pops out from time to time,
if I'm nervous so...
You don't have to be nervous.
You're among friends.
What are you studying, Khalif?
Pre-law.
My sister's a lawyer so I figure,
it can't be that hard right?
Oh, I'm just playing.
I'm joking.
Hey Kemba, you should pay attention.
Start thinking about picking a major
and your possible career.
Okay, okay Dad.
You should listen to your father, Kemba.
He knows what he's talking about.
Okay.
Can I get anybody anything else?
I'll take a beer if you have one.
You know, I think I'll grab a beer too.
My man.
Oh, okay.
- So, we're having beer now? - Yeah.
Okay.
You think they like me?
How could they not?
I love you, Kemba.
I love you too.
No more than that.
Okay sure.
♪ Thinking about each time I saw you ♪
♪ Girl, I didn't know what to say ♪
♪ Or what to do
♪ I know you were so nervous too ♪
It's so pretty.
Only wear it around me, though.
- ♪ I love you - Okay.
♪ Ain't nobody made me feel like this ♪
Can you get the phone?
They've been calling all morning.
Hello?
Hi Daddy, yeah.
Everything's fine, I'm okay.
♪ I love you
♪ Ain't nobody make me feel like this ♪
♪ Ain't no woman
♪ Make me feel like
♪ I love you
Hey baby you up early.
Everything's fine.
It's nothing.
Just go upstairs until they leave, all right?
Okay.
Fuck.
Hey, long time.
How business going?
It's good.
So listen.
See that girl over there?
Yeah, I see her.
Yeah, that's the new girl.
You should go dance with her.
Until he shows up.
What's up y'all?
Hey what up, what up?
Where's Kemba?
She over there.
Having a goodtime.
♪ And all I wanna know
♪ Is he good to you
♪ I like it
Damn!
Hey man.
Hey man, what?
Why you all acting like this?
Like what?
I'm just dancing.
Get your coat, we're about to go right now.
All right?
We're going home.
What's wrong with you, Khalif?
We'll talk about it later.
Why won't you talk to me?
You don't even know what could have happened to you.
I was just dancing with him.
Yeah, just dancing.
The guy that you was just dancing with Kemba,
he deals in some real, some real bad shit, you know that?
We were just dancing, like, nothing would've happened.
Nothing would've happened?
How you know nothing would've happened?
You know him?
Have you ever seen him before?
- No. - No, no, no.
So how you know that nothing would've happened to you, Kemba?
Please calm down.
So, how do you know nothing would've happened?
Because I wouldn't have done anything.
I was dancing with Lisa.
You stupid country bitch.
Come here.
The last girl that he was just dancing with at a party,
he took to his house.
He drugged her and then he raped her.
Is that what you want to happen?
I didn't know that.
Is that what you want to happen?
Honey, I didn't know.
Yeah, of course you didn't fucking know.
You want that to happen to you?
No, I'm sorry.
Do you want that to happen to you, Kemba?
You don't understand what I'm trying to tell you.
No, no, come here.
Don't, come here.
Is that what you want?
No, listen, this is what would've happened to you.
You understand me?
This is what would've fucking happened to you.
That's what would've happened.
He would've drugged you and then he would've just,
he would've fucking drugged you.
Kemba, you don't fucking understand.
This is what would've happened to you.
Fucking think this shit is sweet.
It ain't fucking sweet.
- No. - You don't understand
You don't fucking understand.
I'm gonna make you understand,
all right?
I'm gonna make you understand.
Yo just wait. Kemba!
What's the matter with you?
Come on, it's been over a week.
Come on.
You gotta listen to me.
There's nothing to say.
I love you, Kemba.
You really hurt me.
I know.
I'm sorry.
I promise to never lay my hands on you like that ever again.
All right?
I'll do anything for you.
You hear me?
And you'd do anything for me too, right?
We good.
You gonna go to New York to drop cash with Carlos.
Just keep calm in security and go straight to Carlos' place.
Don't talk to nobody.
Don't make no fucking stops.
Look, no one will see the cash under your clothes.
All right?
You trust me, right?
Please get this off me.
Sorry.
I was shaking all through the airport.
I felt like everyone was looking at me.
You did it though.
You know, I was hoping that Khalif would maybe
send someone else like Simone, or something.
Nah, Simone's too street.
Yeah, that's what he said.
So, uh...
how's Khalif?
Did he say anything about me?
No.
Why?
No reason, but I'm gonna call you a cab, okay?
Okay. Okay
You did good, Kemba.
Kemba.
Whoa Dad,
what are you doing here?
We're worried about you.
You're not returning our calls
and we haven't seen or talked to you in weeks.
I've just been busy.
Kemba.
There are bounty hunters calling our house
looking for Khalif.
What?
We just wanna know what's going on.
What are you doing?
Look, Dad,
I'm just really tired right now.
But how about tomorrow?
I'll come over and we can talk about everything.
Okay?
You promise?
Come to the house tomorrow morning,
no excuses.
I promise.
I'll come tomorrow, talk about everything.
Okay?
I love you.
I love you, Kem.
I'm okay.
I just need some sleep.
Okay?
Khalif?
Kemba, what are you doing here?
I told you to go back to your dorm.
I know, I know.
The Feds got this place under watch right now
and you're coming here?
I'm sorry, but I just talked to my dad.
He said that bounty hunters are calling his house.
What?
Damn.
They better not say nothing.
What?
I know where they live Kemba.
They wouldn't do anything.
You don't know what they would do.
You don't know what they would fucking do.
I'm dealing with a lot of shit right now.
Shit that I can't really talk to you about.
And now you coming in here
and you're talking about some fucking
bounty hunters and your parents.
I just need you to do what the fuck I say.
I'm about to go and meet up with Carlos, right?
I gotta run an errand.
All right?
I was just with Carlos.
He's back now?
Don't ask me no questions.
Just stay here,
until I get back.
Can you do that?
Yes.
Don't go nowhere.
Never wanna fucking listen to me.
- Let's go, let's go. - Khalif?
Come on, come on, come on.
We gotta get our shit.
What's going on?
Simone, bring your fucking ass, come on.
Here here, take the bag.
Throw the shit in here.
All right?
Grab all of it, all of it.
Where you going?
Atlanta.
Okay.
What you doing?
I'm coming with you.
Nah, nah, nah.
I need you to stay here and clean up.
No look hey, stay here.
Clean up and then go straight to your parents' house.
All right?
Don't go nowhere else.
- Straight there, all right? - Okay.
Okay.
Here, just page this number
when you get to your parents' house.
Simone, go wait in the car.
- Khalif. - Go wait in the car.
Is Carlos going with you?
Nah, he's not.
He's not?
He's not, he's not.
All right?
He ain't going fucking nowhere.
Page me,
when you get there, all right?
Kemba, oh my God.
Come here, baby.
Come in, come in.
You're getting soaked out there, honey.
Come here.
Oh, baby, you were supposed to be here this morning.
Your dad and I were so worried about you.
I know, I'm sorry.
Are you okay?
Come here. Come Here.
- I'm okay. - Oh, baby.
Where have you been?
What?
What's going on?
I don't know.
Okay.
Could you at least tell us what you're looking for?
Peter Hall,
also known as Khalif Hall.
Well, he certainly isn't in a dresser drawer,
that's for sure.
Do you know his whereabouts?
No, sir, we do not.
Hey.
That's my baby.
Gus, this is awful.
This is all a mistake, honey.
It's all a mistake.
It's gonna be fine.
You better not tell 'em shit.
I didn't.
Yeah, well.
They ain't got shit on me.
This is killing my parents.
Maybe I should just stay here a while.
Come on, Kemba, you gotta stay focused.
Now is not the time to fuck around, all right?
I need you to come meet me where I'm at.
Look, Kemba your parents
they have each other, you all I got.
You know that right?
Hello?
Okay.
All right, baby, I'll see you soon.
Dear mom and dad,
I know you won't understand this,
but,
I have to go.
Please don't look for me.
It's safer for you this way.
I will call you to let you know that I'm okay
as soon as I can.
Oh.
I'm sorry for disappointing you.
I love you.
How was the bus ride?
Where's the car?
Come on.
♪ Never living in pain
Simone turned on me.
Tried to set me up.
Come on, come on, wake up.
We gotta move fast.
No patterns, no routines.
You hear me?
Come on, leave it, leave it, leave it, come on.
Come on.
♪ Am I praying in vain?
♪ Am I fasting in vain?
♪ Am I wasting my time?
♪ Can your clock be rewind
♪ Have I let my light shine?
♪ No
♪ Of course not
What?
Are you happy?
Of course I'm happy.
What are we gonna do?
I got you.
Should I go home?
Said I got you, right?
Yo.
What happened?
What you mean he got picked up?
What's wrong?
Shane got picked up by the Feds last night.
I can't keep doing this, Khalif.
I wanna go home.
Kemba, don't start this shit, all right?
Don't fucking start.
You know if you go home,
they going to make you testify against Shane.
They gonna ask you all these questions
and you can't handle that.
Your silly ass will have these mother fuckers
right here at my door.
I'm not gonna tell them anything.
Oh, oh, yeah?
All right Ms. Smith, when was the last time you saw Khalif?
I...
Yeah, that's the fucking shit
I'm talking about right there.
You can't hesitate, Kemba.
That's when they know you lying.
All right?
You want to go home so bad?
Prove to me that you ready to go home right now.
I am done.
No, you're fucking not, sit down.
When was the last time you saw Khalif, Kemba?
When was the last time you saw Khalif?
- I'm done. - You done?
You done?
Please.
Say that shit again.
I'm carrying your child, please.
I know why you chose me.
What?
You could have had any girl,
but you chose me.
It's because I'm here.
I stayed.
But you always knew I would.
What's this?
Blow out the candle.
Make a wish.
And, you were right.
It's time for you to go back home.
What about the Feds?
Don't worry.
They don't got nothing on you.
Nothing.
My baby boy,
he gonna be somebody someday.
Somebody good, right?
Better than me.
Way better than me.
So, you need to go.
I don't wanna hurt you,
or the baby.
So, go give our son the life he deserves, alright?
You done good by turning yourself in.
Frankly, we don't want you, we want Khalif.
I don't know where he is.
We think you do.
Kemba, this is serious business.
But,
if you cooperate
and tell us what we need to know,
then we can help you out.
You should listen to him, Kemba.
I'll be right back.
I gotta make a phone call.
Oh, should I wait for you?
Ah, no, no, I'll be quick.
Point to the ones you know.
How about him?
I don't know.
I think I should wait for my lawyer to come back.
Not like Simone at all.
Simone?
See now, she was very helpful
and we were helpful to her.
They're both doing great now.
Mother and child.
Khalif must have been a proud daddy.
Oh, you didn't know.
Well, he was two timing you right under your nose.
Kemba,
help us find him and we'll get you outta here faster.
And if you take a plea,
then we'll recommend you serve only 24 months.
It's okay Kemba, can you help me?
This is the right decision.
Well, you can tell them that
I can give them the last address we were at.
That'll probably help them narrow down the search, right?
Yeah, the cooperation like this
will help your case immeasurably.
I guess I could tell them the name of the motels
we were at but,
I don't know, Matthew.
I just,
I don't know if that'll really make a difference
with their,
what's wrong?
The authorities.
They found Khalif.
He was shot.
He's dead.
Khalif.
We're too late.
I'm so sorry.
This changes everything.
Lights out.
With Khalif dead.
It's okay.
They still want their fall guy.
We give them that,
and they give us something in return.
A reduced sentence?
Well, that's how plea deals work.
By saying I did something I never did?
How is that better?
I never dealt any drugs, but this says I did.
It doesn't make any sense.
And why is it blank here?
They will fill in the drug weight later.
No matter how small the involvement,
you're still a co-conspirator,
which means in the eyes of the law,
you still bear the burden of the conspiracy.
Meaning?
They wanna throw the book at her.
Listen, Kemba, as I was telling your parents,
the prosecutor and I, we go way back.
He's a friend.
He's promising the very best outcome,
to avoid serious jail time.
That's if you sign the plea deal.
At most, you'll serve 24 months.
But that's a whole lot better than decades.
You need to listen to Matthew.
What?
No, no, no hold on Matthew,
I don't understand.
They're holding her responsible for 255 kilograms
of crack cocaine?
That doesn't affect her plea deal, does it?
Matthew?
It's not good, Gus.
All right, so what's next?
You got this.
Will the defendant please approach the bench?
This is a criminal action section two, 93162.
The United States against Kemba Niambi Smith.
Oh my God.
Pursuant to the Sentencing Reform Act
and the 1994 federal crime bill,
this court is bound by mandatory
minimum sentencing guidelines.
We can call him Armani.
I do not believe incarceration is of any benefit to you,
because I personally don't believe
you're a danger to society.
However, my hands are tied.
At least your incarceration will be a deterrent to others.
And a warning.
This is what happens when you make poor decisions
in your youth.
It is the judgment of the court,
that the defendant is to be committed hereby,
to the custody of the United States Bureau of Prisons,
to be imprisoned for a term of 294 months.
Bailiff!
Kemba.
This woman is a federal prisoner.
Her legs must remain shackled at all times.
No visitors.
Let's go!
Wait, wait, wait, wait, stop.
This is wrong.
Gus, do something.
May I have a moment?
Wait outside.
This isn't protocol,
but I'll let you stay in the next room for a couple of days.
That way you can take custody of your grandson
when your daughter is sent back to jail,
then he won't be turned over to Social services.
It's gonna be okay.
Thank you, my cherished fellow
Delta sorors for this award.
Since recently taking over the NAACP Legal Defense Fund,
I find myself getting asked a lot,
"Now Elaine, what is it y'all do?"
Ladies, Thurgood Marshall founded the LDF back in 1940
and ever since our team of lawyers
have been supporting our community
and bringing about change through legal mechanisms
and persuasion,
legal mechanisms and persuasion.
Nice speech.
But aren't you preaching to the choir?
Can I help you?
I hope so.
Reginald Stewart.
From Emerge Magazine.
That's right.
I've read your articles,
but I don't have time to give you an interview right now.
Actually, I've gotta a lead on something else
you might have time for.
It's a story about a nice college girl
from your neck of the woods.
- Virginia? - Mmhmm.
I'm listening.
Yeah, she got caught up in the war on drugs.
It's mandatory minimum sentencing gone wrong.
More and more of those lately.
Chocolates?
No, thank you.
Those fucking laws.
Those laws completely take away the judge's discretion
to consider anything
about a defendant's personal circumstances.
Absolutely.
Do you know that the sentence disparity
between crack and powder cocaine is 100 to one.
100 to one.
Crack is just cooked powder.
People think these laws are helping,
but I want to expose them for what they are.
Would love to get your take on this, Ms. Jones.
So, how are you?
I try to focus on the good days.
What does that look like?
When my mother can get through a phone call,
or visit without crying.
When I can see my son.
So, you're interested in my story.
Yes.
Yes, I am.
And so was George Curry, our publisher.
I sense some hesitancy.
I don't wanna cause my family any more pain.
Look,
I can't make any promises,
or control how people will respond.
But here's what I do know.
Mandatory minimum sentences don't work
the way that they were intended.
You're proof of that.
Maybe we can draw some attention to your story.
Middle class black girl from the suburbs
with two educated parents.
Is this really where your story at?
Hello?
Will you accept reverse charges
for an inmate at Danbury Correctional facility?
It's Kemba! Yes, yes.
Hi Dad.
Hey, Kemba.
Got a little bit of good news.
I'm meeting with the new lawyer tonight about your appeal.
Get some fresh eyes in the situation.
Ah, thank you, Dad.
You've done so much already.
Yeah, you're doing a good job
writing those letters to those politicians.
I'm doing everything I can.
We're not gonna stop fighting until we get you home.
Keep your head up.
Hold on, honey.
Talk to your son.
Hi, Armani.
- Hi baby. - You say hello to Mommy.
I'm making you a new scrapbook with animals.
Mommy loves you.
Hey, Kemba,
Armani's being such a good boy today.
He is so smart.
Just like you, Kem.
Ah, Mom.
Look,
a reporter came by today.
He says he wants to do an article on me.
Why?
We don't need to put our business out there anymore
than we already have.
Yeah, yeah, I know, I know.
I just,
maybe my story could help someone else.
It's bigger than just me.
I don't know Kemba.
Time!
Okay,
Mom, I gotta go.
But just think about it please.
Okay, I will.
I love you, bye.
Love you.
Let's go, let's go.
Come on!
Sam.
Gus.
I've been trying to reach you.
Yeah.
Please, come in.
Come in.
Ah, I've been reviewing your case
and odds aren't great, Gus.
Look,
look here.
I've been doing some research on previous case studies,
and we have grounds for prosecutorial misconduct
since they made us a promise.
They cut us a deal and they reneged.
See?
It's right there,
It's all right there.
That implicates your previous lawyer.
He'd have to admit, he and the prosecutor were friends.
And quite frankly, why would he do that?
Friend or not, somebody broke a promise.
And that's what we lead with on appeal.
Listen, Gus,
I don't want you to wake up one day completely broke
for a wild goose chase.
Take the damn money and do something.
I want my daughter out of there, and I want her home, now.
I'm sorry.
I can't help you.
I was pleased and a little surprised to get your call.
Well,
I don't want this to be the end of my story.
And it won't be.
Take me back to the beginning before all this happened.
What was your life like?
Thank you, Bruce.
Odessa.
See?
See, now this is what I was talking about Gus.
Look at this.
What are people gonna think?
Odessa,
this is what happened.
And she's finally telling the truth.
The whole truth.
That's gonna set us all free.
It's gonna be all right.
Kemba.
I read your article.
You think this is your story?
What I wrote in there I'm not trying to--
This is my story too.
Keep your head up.
Dear Kemba--
- Dear Kemba-- - Dear Kemba--
- I read the article about-- - I read that article.
I think it's terrible what happened to you.
It's terrible, what happened to you.
The same thing happened to my cousin.
The same thing happened to my aunt.
... my sister.
I wanna know how I can help so--
I wanna help you.
Half my family is in, I wanna help.
Let us know what we can do.
Sometimes I don't recognize the girl
in the white dress at her debutant ball.
That girl had everything.
Nice house, suburban schools, great parents,
and no idea that soon,
everyone will be asking where it all went wrong?
But I know
and I want you to know.
My name is....
Kemba.
Because we need to...
Free Kemba.
I don't think y'all heard me, because we need to.
Free Kemba.
That's right.
Kemba's letter lit a match inside of me.
Inside of every one of us here.
Now as a congressman for Kemba's district,
I want nothing short of clemency.
The president needs to release her now.
Things are rolling.
No small thanks to Kemba and her incredible parents.
You know what?
Gus, come here, come on.
Say a few words won't you?
Please.
It's all right, come on.
My name is Gus Smith.
I'm the CFO of a firm in Richmond.
My wife, Odessa is a school teacher.
I'm telling you this because most people think
that when someone's sentenced to 24
and a,
24 and a half years in prison,
that they had absentee parents.
Our daughter,
made a mistake.
But she is not a bad person
and she does not deserve this unjust sentence.
And this is why we're fighting today.
Because we need to...
Free Kemba.
Because we need to...
Free Kemba.
Because we need to..
Free Kemba.
Because we need to...
Free Kemba.
Because we need to...
Free Kemba.
Imagine my surprise to see the LDF step away
from their books and legal briefs,
to grace us with their presence.
Oh, well, I for one, was not surprised
to see our hardworking congressman here today.
Well, I think that was a compliment.
Oh, it's good to see you again, Bobby.
You too, you too.
So,
- clemency. - Yes.
Clemency.
I think they have one heck of a shot
given her circumstances.
It's a roll of the dice this early in the process Bobby,
if this is not effectively adjudicated in the courts first,
Clinton will not even consider commuting her sentence.
We have momentum Elaine.
We have to keep the pressure on.
Yes, but you know how rare clemency is.
I presume you must have liked the article.
Kemba's case has piqued my interest.
Is that Kemba's little boy?
Yeah.
Yeah, it is.
Hello.
Come on in, come right in.
Thank you.
Thank y'all for seeing me.
You have a lovely home.
You should have seen it before.
My priorities used to be dusting.
These days it's about getting my daughter
released from prison.
Thank you for coming, uh,
please have a seat.
Can I get you anything?
I'm fine, thank you for asking.
Well, Kemba no longer has legal representation.
Is that right?
For now you're just campaigning.
Just campaigning.
Yes, we've moved on from our last lawyer.
We're just writing letters to politicians,
civic leaders, church leaders,
news reporters, TV producers, celebrities
and whoever else we can get
to tell the world about Kemba's story.
That there is just my 20th letter today.
And your speech earlier.
I would call that a very productive day.
Ms. Jones, lawyers let our Kemba down.
What are you gonna do differently?
I'm sure you've all read this by now.
Yes.
Terrible.
She's a non-violent offender.
24 and a half years.
That's more than the state average
for voluntary manslaughter, or murder.
24 and a half years.
And for what,
falling in love with the wrong guy?
And lying to the authorities.
She was abused and traumatized.
She wasn't perfect.
But look at the government's failure in all this.
They reneged on a deal.
The pre-sentence report said Kemba was guilty of conspiracy
to distribute 255 kilograms of crack cocaine.
And they got that weight by adding up
all the drugs this guy had ever dealt,
including before he met Kemba.
- It's egregious. - Well, of course but--
Even the prosecutor stated Kemba didn't handle,
use, or sell any of the drugs.
They treated the girlfriend like the kingpin.
The kingpin had her trapped.
It's ridiculous.
The judge actually fell asleep
when the domestic violence expert testified.
It's the girlfriend problem.
He did the crime, now she's doing the time.
Too much time.
This is a college girl from my hometown.
She got caught up.
If it can happen to her, it can happen to anyone.
Okay, I get it.
But as a nonprofit funded by donations,
you know we have limited resources.
Would this case even make big enough impact
to make a difference?
Impact.
Ted, if every woman who ever fell in love
with the wrong guy got 24 and a half years in prison,
you wouldn't have ever met me.
There wouldn't be any women of any color on the streets.
Hello.
It's nice to meet you Kemba.
I'm Elaine Jones.
Thank you for coming Ms. Jones.
Call me Elaine.
Okay.
Thank you, Elaine.
So, I guess my glamorous magazine cover
caught your attention.
It did.
You still have a lot of life left in you Kemba
and I'm gonna try to help you get out of here,
so you can live it with your son if you'll let me.
I wasn't even allowed to date until I was 18
and no boys would come to my house,
'cause they knew how strict my folks were.
You know, Spellman was actually my first choice,
but my parents wanted me to be closer to home.
So, we compromised with Hampton.
I guess by the time I got there,
I couldn't wait to break free.
Well, now a few late nights is one thing,
but how did you get mixed up with this guy?
When I met Khalif,
the world stopped.
I mean, so charming,
fly, dated beautiful girls, popular girls,
and the love he showed me like,
I felt special,
for a while.
And then,
when things got bad, I just,
I thought that they would be just temporary.
And when they got worse,
it was too late.
I was all he had.
I've been in therapy
and we've been learning about trauma bonding.
It's like when someone hurts you,
but they also rescue you.
I think it just started because I was insecure.
I didn't have any love for myself.
That shouldn't get you 24 years in prison.
Yeah well, the judge said,
"This is what happens
"when you make poor decisions in your youth."
Most people make a lot of poor decisions
when they're young.
But the system is particularly unkind
when black girls make those decisions.
I wanna file a motion of relief.
The judge, the prosecutor made a mess of your case.
You sign this and we can start on your appeal.
My parents remortgaged their house.
They spent all their life savings on lawyers.
I don't, I can't make them pay for anything else.
You don't have to.
LDF receives donations to take cases like yours.
Hello.
Good to see you, Odessa.
Good to see you.
Oh, come in please.
- Hello. - Hello.
Hi.
Who are all your friends?
They're our friends.
This is Marsha Fudge,
president of Delta Sigma Theta Sorority Incorporated.
Oh, nice to meet you.
This is Jane Smith,
president of the National Council of Negro Women.
Oh.
This is Dr. Barbara Simpsons.
- Pleasure. - She works with
Dr. Patricia Russell McLeod,
president of Links Incorporated.
Well,
how do you all know each other?
We're all Deltas.
Well, thank you for coming.
Why don't you step this way?
Come make yourself at home.
Gus, we're gonna need some more tea.
Now see those earrings on Kemba?
Those belong to her aunt Ruth.
Yeah.
And that dress, she thought it was too much.
We were so proud of her.
- Precious. - With all due respect,
I'm glad you're here.
But what are you gonna be able to do to help us?
Oh, it won't just be these women.
It'll be all of the thousands, upon thousands of women
that belong to their organizations
writing letters, calling congressional representatives,
meeting with community leaders in person
to rally support for Kemba.
Now here's the plan.
While LDF works on Kemba's legal case,
you and Gus,
should continue your public education campaign.
And these ladies will help raise awareness of the case.
This is a movement now.
Okay, then.
Where's the first stop?
We wanna send out a signal to the media
that you have support and resources.
Thank you.
This is an answered prayer.
I've heard politicians of all shades say,
"Mandatory minimum sentences are fair
and keep our streets safe."
Neither of those assertions are true.
Good afternoon.
Thank you for coming.
Yes, thank you for being here.
Hello.
If you have in your possession
this amount of crack cocaine,
you could be sentenced to five years in prison,
without possibility of parole.
If you're caught in possession with two pounds
of powder cocaine, you would get probation.
Now why do you think that is?
Could it be because nearly 90%
of crack offenders are black
and their average sentences are twice as long?
Whereas the majority of cocaine offenders are white.
Free Kemba.
Well, there are several government officials,
who have publicly acknowledged that there is a problem
with our current sentencing laws.
Just to name a few,
Supreme Court Justices, Rehnquist,
Breyer, and Kennedy,
and judges Terry Hatter and Jack Weinstein.
So, this is not a Democrat,
or a Republican issue.
It's a bipartisan issue,
that needs correcting by the very same people
who wrote these laws.
The Free Kemba campaign is growing stronger.
CNN's covering it, Washington Post.
It all helps.
I have people who wanna be involved like Puffy,
Spike Lee, Lisa Ray,
Chico de Barge, Missy Elliot,
Sister Soldier.
I heard.
It seems you don't want them to be involved.
Kemba, we are handling the appeal process.
That's what we do.
I feel it's taking too long.
I spoke with Congressman Scott,
he thinks I should push for clemency now.
I don't wanna miss my window.
We went over this, Kemba.
We have to work through the courts before the president
would even consider a clemency request.
We're running out of time.
Are you sure this is the right way?
Of course it is.
All of this takes time.
Strategy.
LDF is devising that legal strategy.
George Kendall on our team is drafting a clemency petition
so it's ready when it's needed.
All of this takes time.
We've done dozens of speaking engagements
all across the country,
colleges, high schools, churches,
and people are listening.
The tides are turning, Kemba.
And Elaine says, we're gonna hear about the appeal soon.
That's great.
Time.
Oh, that was so quick.
All right.
All right, we have to go now, baby.
Okay?
Come on.
Let's go.
Gotta say goodbye now.
Love you, Dad.
I love you so much.
I love you too, Mom.
Bye, little man.
So happy I got to see you.
I want you to come home mommy.
Come here.
Don't cry.
Hey son,
it's time for us to go, okay?
No.
- I gotta go. - No.
No.
I need you to break it up right now.
Excuse me.
He's just trying to say goodbye.
Just give us a moment.
One minute.
No.
You gotta go.
No.
Let go, I'm sorry.
We gotta go, we gotta go.
I'm sorry.
Just come with papa, come with papa.
It's okay, it's okay, it's okay.
It's okay.
You know, I think that this is just
becoming a little hard on him.
I don't think you should come back for a while.
You don't think we should come back for a while?
Well,
for how long?
I just think he needs a break from all this you know?
And I think that you and dad need a break from all this.
Then we'll see you at Christmas.
Mama.
Yes, baby?
Please don't come.
Another book.
What you reading now?
It's just legal research,
trying to learn more about my case.
Maybe someday I'll go to law school.
I don't know.
Those family visits.
It never gets easier.
Yeah.
Michelle,
are you ever afraid that your daughter
will forget about you?
Every single day.
Look around here.
Too many women separated from their babies,
'cause of some nonsense with their man.
Kemba Smith was not a criminal,
but she made the mistake taking up with one.
She was never a distributor of drugs,
but occasionally performed minor acts,
to aid someone who was.
Her pleas of guilty,
justly acknowledged these mistakes
and she was prepared to accept a just punishment.
But she was deceived by the government
and not adequately protected by her lawyers,
who have since gone on record with me
in support of this defense.
We want to secure for Kemba what belongs to every American,
fair and even handed treatment in our courts of law.
Did the punishment fit Kemba's crime?
24 and a half years.
Did the punishment fit the crime?
Now that's impact.
Well done, Elaine.
We'll compile notes on the brief today.
Hi.
Hey, roomie.
So good to see you.
Look at you, you're beautiful.
Look at you.
I got your letters.
Read the Emerge article.
I had to come see you.
Thank you.
How was your drive?
You look like you're about to pop.
And be a mom like you.
Not quite like me.
So how are you?
How are your parents?
Oh my parents they're good.
I've been seeing them on the TV.
How about Armani?
Have you gotten to see him?
Armani's been amazing.
Amazing.
He's getting so big.
It's crazy.
- He-- - It's okay.
No, I'm fine.
I'm fine.
I'm okay.
I'm sorry.
I don't know when I'm gonna see him again.
Okay.
Girl, I should have done more for you back then.
Lisa.
I was in love.
It's not your fault.
It's not,
really it's okay.
Okay.
Elaine?
Not a good time.
I've been working on this brief for hours
and still need to
review George's clemency petition for Kemba.
I got a early word from a source
and as expected,
they denied the appeal.
Okay, if it's a fight they want,
it's a fight they're gonna get.
Call the team.
Guess I need to give my notes on this petition tonight.
Lynn said you were looking for me.
Hey Michelle, I got something for you.
What's this?
I told the Deltas about you.
I guess they wanted to say hello.
I lost my appeal.
I let myself have hope
that the courts would gimme a second chance.
They didn't believe I deserved it.
I'm starting to think the same.
Everybody deserves a second chance.
You gotta believe that.
I gotta believe that.
What's the 56 mean?
That's the number of days left
before Clinton leaves office.
And what happens if he doesn't release Kemba by then?
We'd have to start over with a new clemency campaign
with the next president.
There will be new players.
It could take years and there are no guarantees.
And even now, the odds aren't good.
Prior to this year,
president Clinton received 3,500 petitions
to commute prisoner sentences
and he only granted 15 of 'em.
We have a well-written persuasive petition.
We have a shot.
This is our last card to play.
We need to make sure that Kemba's clemency petition
does not just end up on someone's desk.
We need to get it into the right hands.
Tell us how we can help.
We will do anything you need.
It would be great to get you and Gus on some calls.
We work well face to face too.
We need to keep pressing people with connections
to the committee that's drawing up the clemency list.
But our time's running out for scheduling meetings.
Well, do they have to be scheduled?
I'll get you next time, thanks.
Hey.
Good game.
Almost had it.
You just need to keep working on that serve.
You know you could really learn something
by watching Venus Williams.
Carl Fleming, right?
With the sentencing commission.
Do I know--?
No, I'm Gus Smith.
- This is my wife Odessa. - Hi.
I think maybe you're a little confused.
We're here to talk to you
about our daughter's clemency petition.
Oh.
Are you on my schedule?
We are now.
Who are you writing to today Gus?
The one person we really should be bumping into.
Dear President Clinton, I am the father of Kemba Smith.
A young lady who's serving a 24 and a half year sentence
in a drug related case.
I appeal to you,
not as president of the United States,
but as a father.
You see, I have a special bond with my daughter
as I've seen that you have with yours.
Of course, I understand that the president states--
Sir, I have a young lady here
who was sentenced to 24 and a half--
All we need,
is a chance for her to get a fair shake.
Now I know you can swing an invitation or two.
A Virginia debutante and mother--
Come on.
Kemba Smith...
Not that I would ever keep score, but you owe me.
Yes then, I'll hold.
What's Christmas like in a prison?
Tough.
Ask any prisoner, they'll say the same.
Yeah real tough.
I just wanna be home decorating the tree,
making cookies for my son.
Just to be there for him.
Making memories.
Not being there with your loved ones
to share in the joy is heart wrenching.
How do you stay strong?
Just hold on to your faith.
Trust God and focus on the true meaning of Christmas.
Amen Kemba.
Well, Ben?
Now we're talking.
Hello?
Gussy.
Elaine's on the phone.
Any updates?
She wants to know if you have a tux.
We should promise,
that no one our children's age,
is denied that chance to walk through the doorway
of their dreams.
That is our mission.
And I promise to pursue that with you hand-in-hand
until my last day as your president.
Thank you.
God bless you.
And here comes the Washington chief.
Now is your chance.
We only have a few days left.
You have to go now.
We gotta try.
Mr. President!
Mr. President.
We're Kemba Smith's parents.
It's urgent. Please.
It's nice to meet you, Mrs. Smith.
I know of Kemba's case.
Thank you, Mr. President.
Please let our girl come home where she belongs.
I'm working on it.
President.
President Clinton.
It's all right,
it's all right.
It's okay, I'm here baby.
All right.
President Clinton is making his own list
this holiday season, passing out pardons
and clemencies to a number of people.
And we're live at the White House for White House
Press Secretary Jake Siewert is taking the podium.
We'll find out who is, and maybe more importantly,
who is not on that list, shortly.
Good morning.
The president has made his final list of pardons--
Everyone. Everyone!
And the list is as follows.
Jimmy Lee Allen,
Virgil Lemoyne Baker,
Aaron D. Barker,
Nancy M. Baxter.
What's up beautiful?
I'm gonna make you understand.
You don't fucking understand.
...recommend you only serve...
It's okay.
Our baby boy.
You gonna be somebody.
I do not believe incarceration
is of any benefit to you,
because I don't believe that you are a danger to society.
I want you to come home mommy.
It is the judgment of the court that the defendant
is to be committed hereby to the custody
of the United States Bureau of Prisons,
to be imprisoned for a term of 294 months.
Thomas Edward Nash, Jr.
Jose Renee Hernando Martinez,
John Russell Ralph,
Kemba Niambi Smith.
Kemba?
Kemba!
You got your clemency.
You're free.
What are you talking about?
You got your clemency.
- No. - Yeah.
Mommy's coming home.
Mommy's coming.
Your mommy's coming home.
Our baby's coming home.
You're going home.
Don't forget about me.
I'm gonna give this back to you on the outside.
Yeah?
Yeah.
Bye.
See ya.
God be with you.
Kemba.
Kemba!
Kemba.
Kemba!
Kemba.
Ms. Smith.
Thank you.
Excuse me, ma'am.
Kemba.
Welcome home, Kemba.
Kemba.
Kemba!
Kemba, what are you gonna do now that you're free?
Make up for lost time with my family
and try to use what I've learned to help others.
That's so beautiful.
Wait, one more question.
One more question.
Kemba, one more question.
Kemba, do you see yourself
as a victim of the criminal justice system?
No.
I suffered the consequences of choosing to love a man,
who left me traumatized.
A situation far too many women have experienced.
I suffered the consequences of a legal system,
that all too often targets black and brown people unfairly.
And for a long time,
I suffered the consequences of my own choices,
my own lack of self-worth.
I am not a victim.
I'm a survivor,
I'm a fighter.
And the fight has only just begun.
Thank you.
Kemba.
Kemba!
...but in the meantime, an awfl lot of people were jailed
for minor drug crimes after that.
Exactly right.
Was it a mistake to support it?
Yes, it was.
And so I said, this system is wrong.
And Elaine, somehow you going to make
some contribution to change it.
Luckily, I was fortunate enough
to get out after six and a half years,
but there's still many others who are still behind bars,
first time non-violent drug offenders,
who need to be home as well.