REPLAY FROM EARLIER TODAY
In this conversation I will talk to Amy about her story and what led to wanting to fight the injustices of the federal justice system in regards to conspiracy charges.
Amy Povah was 28 years old when federal agents burst into her home and demanded that she either cooperate with their investigation into her then-husband, Sandy Pofahl’s illegal operation to manufacture ecstasy, or face an indictment for conspiracy that would mandate a sentence of 20 years to Life. A lawyer explained to Amy that her cooperation would require that she wear a wire and help the feds infiltrate Sandy’s organization. She refused and as a result, the feds lived out their promise to “destroy her life.” After two years of harassment, Amy was indicted for “conspiracy” and flown to Waco, Texas where she was denied bail and had to wait one year to go to trial with a public defender.
Pofahl, the kingpin, served 4 years in Germany for violating the law in that country, but the United States gave him only 3 years probation in a plea bargain for his cooperation. Essentially, Amy received a 24-year sentence based on the entire amount of ecstasy that Sandy manufactured because she collected bail money at Sandy’s request after his arrest.
For her final appeal, Amy collected six affidavits from co-defendants who each swore that they did not believe Amy was involved in the conspiracy for which she was charged. Even Sandy Pofahl asserted that she had not been involved until after he’d been arrested. These affidavits completely refuted the government’s misleading charge to the jury that Amy had been involved from the conspiracy’s inception. The Court denied Amy’s valid appeal without so much as an explanation.
Clemency | Definition of Clemency
noun, plural clem·en·cies. the quality of being clement; disposition to show forbearance, compassion, or forgiveness in judging or punishing; leniency; mercy. an act or deed showing mercy or leniency. (of the weather) mildness or temperateness.
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