Back in 1997, a certain Walter Johnson, often referred to as King Tut, found himself standing accused before Judge Frederic Block in a federal court in Brooklyn. Johnson had a rap sheet including felony offenses such as robbery, possession of cocaine, and tampering with witnesses. These were additions to an already concerning criminal history streaked with instances of drug dealing, violence, and firearms possession. Consequently, Judge Block had seen no other alternative but to incapacitate Johnson for the safety of the community, which led to him being handed down five life sentences.
After 27 long years, Judge Block revisited his past decision on Thursday. Reflecting on the overly harsh penalty, he attributed it to the result of deficient laws of the time and his own former lack of judicial experience. Deeming it time for a change, he ordered the release of Mr. Johnson, who then took his first steps as a free man back into the world hours later.
Judge Block highlighted in his decision that time, maturity, and experience on the bench often lend new perspectives to judges. Likening it to the process of prisoners transforming into better human beings during their period of custody, he believed that judges too evolve over the years. Now 90 years old, Judge Block holds a senior position in the Eastern District of New York’s federal bench, the same court where he sentenced Johnson as a second-year judge.
During his considerable stint on the bench, Judge Block observed changes in sentencing practices and grappled with issues related to punitive sentencing. This motivated him to publish a book last month advocating for the reassessment of overly severe sentences, using his past cases as examples. With his decision to free Johnson, he took a step toward translating this philosophy into action.
In Judge Block’s view, Johnson’s sentence, although lawful at the time, came to be seen as unnecessarily stern. On the day of the announcement, Johnson, now 61 years old and suffering from multiple health issues, was attending a call at the Federal Correctional Institution in Otisville, New York. He had been serving time here for the past 16 years when he received the unexpected news of his imminent release.
Reflecting on his past, Johnson expressed remorse, admitting that while he deserved punishment, the severity of the sentence had left him reeling. He recognized his delinquent past, acknowledging the need for redemption. However, being burdened with five life sentences seemed surreal to him. Johnson spent his first day of freedom alongside his wife, Natoka Johnson, a testament to his transformed persona.
During his time in prison, Johnson demonstrated remarkable discipline and actively participated in various prison programs. He also became a helpful resource for his fellow inmates, driven by a resolve to effectuate a positive change in the environment he was a part of, even in the face of a lifetime of confinement.
Prior to his incarceration, Johnson explained how childhood encounters with violent gangs had shaped him. His early life experiences were marked by destructive behaviors and violence, incurring a heavy toll on his mental health. Feeling imprisoned by his surroundings and nurturing a belief that his only viable identity lay in becoming a delinquent, he found himself spiraling into a game of crime and violence.
In the original case, Johnson was accused by prosecutors of assaulting Crystal Winslow during a drug raid, a claim that figured in Judge Block’s sentencing even though Johnson was not convicted for it. However, Winslow showed compassion and forgiveness in a letter to Judge Block as Johnson sought his release. She expressed that his lengthy prison term was a constant reminder of a painful episode in her life, hampering her ability to live in the present. She believed that Johnson had served enough time for his actions.
Yet not everyone was onboard with Johnson’s release. Federal prosecutors in Brooklyn had rebuked his sentence reduction. They argued that the severity of his past criminal conduct did not merit leniency, even given his time served and present circumstances. Patrick Hendry, representing the New York City Police Benevolent Association, deemed Johnson’s release as a significant safety risk to police personnel and the communities they serve. In his view, Johnson’s release could send a precarious message to other criminals.
Johnson’s sentencing took place during a time when legal provisions were harsh against repeated offenders. The federal three strikes law of 1994 dictated life sentences for certain repeat felons, with Johnson falling under this category. In the years following, the law faced criticism for its rigidity, ineffectiveness, and for disproportionately affecting men of color.
In 2018, a significant shift occurred with the enactment of the federal First Step Act. Backed by President Donald J. Trump and enjoying broad bipartisan support, the law facilitated an overhaul of federal sentencing guidelines. It gave district court judges the discretion to review their sentences, while also enabling prisoners to apply for compassionate release.
A letter in support of Johnson’s release posited that his sentence was outmoded by current standards. Given Johnson’s exemplary behaviour during his long term, his exceptional rehabilitation, deep remorse, and unusual sentence, the supporter asserted that he merited a second chance. Judge Block approved the motion, amending Johnson’s sentence to time served, with an additional three-year supervisory period.
Reflecting on the past, Judge Block acknowledged his initial strong condemnation of Johnson and his crimes. He justified the initial harsh sentence by referring to Johnson’s despicable criminal record. Although he couldn’t recall any other case where five life sentences were served, with time, he realized that a judge’s role is not static. Rather, it involves caring about humanity, illustrating how he, like Johnson, was not the same person he was 27 years ago.