On Thursday, June 24, Senate Bill 7 was passed by the state House of Representatives. The passage of Senate Substitute 1 for SB 7 in the House signifies a significant setback for recently accomplished criminal justice-reform measures. These laws were passed because of the heroic and persistent efforts of equal-justice-for-all stalwarts like the Honorable J.J. Johnson and Sen. Margaret Rose Henry. They led the effort to reform Delaware’s flawed bail system that inherently discriminated against the poorer minority population. They led the charge to address the crisis of prison overpopulation and reestablish a fairer system of due process for the innocent. It was the result of many years and countless hours of effort on their parts. The passage of SB 7 marked a new low watermark for the presumption of innocence and signaled the potential for a widening of the gap between the haves and the have-nots as regards equal justice.
Before the House session, I engaged in a handful of extensive conversations with my former colleague, Rep. Johnson. He is a man I am proud to consider a dear friend and an invaluable mentor throughout my many years in office. He was visibly upset by the fact that SB 7 was likely to pass and expressed his feelings of incredulity that this legislation was garnering so much support among Democratic legislators.
Rep. Johnson and I agreed that I would quote him on the floor of the House for the record to hopefully persuade some of my colleagues to oppose SB 7.
I was honored to present Rep. Johnson’s quotes on the floor, and with his permission, I will submit them here.
He said: “I am shocked by this bill and shocked by what its passage will do to all of my efforts and the efforts of others to reform Delaware’s criminal justice system. With passage of this bill, they can now forget about reductions in the prison populations, and they can put the cots back in the gymnasiums. This bill (SB 7) will not reduce violence, but it will increase the prison population and prejudge the innocent. This is the type of thinking that got us into mass incarcerations in the war on drugs. Now, we’ve translated that flawed thinking into some mind-set that will lead us back into mass incarceration and the new Jim Crow.”
I want to personally thank the eight legislators who voted against the bill and give a special shout-out to Rep. Sean Lynn, D-Dover, for his eloquent rebuttal of the misrepresentations that were made by the bill’s supporters. His thoroughness, thoughtfulness and unabashed compassion for the most vulnerable and innocent was a presentation I will not forget.
Rep. John Kowalko, D-Newark
