Washblog

Cherease's first strike was the robbing of a convenience store implying that she had a weapon which, in fact, was a curling iron in her pocket.  She served nine months in jail.  About a year later, she pulled the same caper except this time her weapon of violence was a perfume bottle.  She went to jail for 10-1/2 months.  Then in June 1999 while high on cocaine she stole $440 from a convenience store in Everett, WA.  This time her weapon of choice was her finger that she kept concealed in her pocket.   'Strike three' and she was out.  Sentenced for three second degree robberies that probably only took about 15 minutes and which netted her  a grand total of $900, she would spend the rest of her life in prison.  Not to discount the fear that had to be felt by her victims, she never actually used any weapon and never physically injured anyone and would have been incapable of doing that.

At the time, Cherease, 37, said "No one who knew me would think my life would have come to this".  She had grown up in Seattle's Magnolia district,  attended college, and had several relatives who worked in law enforcement.  When asked if she felt she deserved a life sentence,  her response was "I have prayed and asked God if I deserve a life sentence,  but he hasn't answered me yet".

Her case created statewide publicity.  Even then, there was widespread disagreement over the inclusion of second degree robbery in the long list of strikeable offenses that can cause life sentences.  It was certainly wrong to equate Cherease's crimes with those that truly warranted life sentences. Her defense lawyer tried to negotiate for a lighter, more fitting  sentence but to no avail. The judge's hands were tied (1) and the prosecutor stated that he had 'no latitude in bringing Cross up on 3-strikes". (2)  Commenting on a Seattle PI article calling for 3-Strikes reform, a former prosecutor wrote "Three strikes places an unreasonable burden on the prosecution by taking away from the court its proper function of assessing both aggravating and mitigating factors in determining a sentence ... Mandatory minimum sentences such as three-strikes demean the critical role of the judge". (3)

After eight years of incarceration,  Cherease Cross died on July 4th,  2007 at the Washington Correction Center for Women in Gig Harbor. Her day of independence,  she was "free at last".  In her last letter to a good friend,  Cherease proclaimed that "life is so great,  living clean and sober, eight years clean and sober, off drugs and alcohol.  I choose to not use ever again in life ...  I have no desire to ever drink or use again."  She was looking forward to legislation that would reform the 3-Strikes law and thought "things might be looking good for her getting out".

Described as a very kind, beautiful, and caring person, she went to church every day,  read her bible every day, and prayed faithfully. Her friend also thought she was serving a "cruel and unusual" punishment that she did not deserve.  "I am sickened by it," she says, "especially knowing that she didn't hurt anyone ... giving someone a life sentence for making mistakes, and not being allowed room for change is ridiculous".

People can and do change.   Rest in peace,  Cherease,  you have earned that. Cherease Cross is a perfect example of the injustice of  the 3-Strikes law.  She deserved a better chance ...   As do many others ...

1. "The judge's hands were tied." Statement by Cross' defense attorney, Natalie Tarantino, Seattle P-I, Tuesday, March 28, 2000.
2. The prosecutor stated that he had "no latitude in bringing Cross up on 3-strikes". Snohomish County Prosecutors, Seattle P-I,  Editorial, Friday,  March 31,  2000.
3. Former prosecutor Alan Merson in a letter to the editor: "Three strikes places an unreasonable burden on the prosecution by taking away from the court its proper function of assessing both aggravating and mitigating factors in determining a sentence... Mandatory minimum sentences such as three-strikes demean the critical role of the judge". Repeal of misguided legislation the best way to serve justice, Seattle P-I - 4/11/00