On August 7, 2004 Nashville Police found 43-year-old Johnny Allen lying face down in his bed, dead. They arrested 16-year-old Cyntoia Brown in connection with his death. Brown told police Allen had picked her up at a Sonic Drive-in for sex. At the time, she was living with a man she refers to as “Cut Throat” in a hotel. Cut Throat was sexually, physically, and emotionally abusive toward Cyntoia throughout their relationship and eventually forced her into prostitution. Cut Throat had ordered Cyntoia to go out and make money on the night of August 6, which is when Cyntoia met Allen. He brought her back to his home where he became violent, showed her his guns. Brown shot Allen in self-defense, out of fear for her life.
In August of 2006, Brown was convicted of first-degree murder and robbery. Prosecutors argued her real motive was robbery, and despite her young age of 16, she was tried as an adult. She was sentenced to two life sentences. Brown was not allowed to testify in her trial, and her attorneys failed to enter into evidence her traumatic childhood history and severe neurodevelopment disorder, as evident in her fetal alcohol disorder.
Cyntoia’s case gained massive publicity in the years following her trial. A documentary “Me Face Life: Cyntoia’s Story” by Dan Birman aired on PBS in 2011. As a result of Birman’s film and increasing activism regarding Cynotia’s case, law in Tennessee changed. Children under 18 can no longer be tried for prostitution, meaning that if Brown were tried today, she would be seen as a child human trafficking victim. She continues to be treated as a criminal rather than a victim of sex trafficking. In addition, in 2010, the U.S. Supreme Court ruled that mandatory life without parole sentences for juveniles violate the Eighth Amendment prohibitions against cruel and unusual punishment. This does not apply to Brown due to their automatic review of a sentence after 51 years, a period many advocates argue is a “virtual life sentence.”
Since then, Cyntoia continues to receive increased media coverage. Many celebrities such as Kim Kardashian West and Rihanna became aware of her story and advocated for her release, using the hashtag #FreeCyntoiaBrown. Kim Kardashian West took to twitter writing, “The system has failed. It’s heart breaking to see a young girl sex trafficked then when she has the courage to fight back is jailed for life! We have to do better & do what’s right.”
Last Thursday, Tennessee Supreme Court in Nashville ruled that Brown’s sentence did not violate the Eighth Amendment and therefore was not unconstitutional. They were able to come to this ruling based on a loophole prosecutors found that defines a life sentence as 60 years. The court wrote, “Under state law, a life sentence is a determinate sentence of 60 years.” Therefore, since Brown’s sentence is 51 years and not 60, it is not considered a life sentence and does not violate the U.S. Supreme Court ruling that makes life sentences unconstitutional for minors. Cyntoia will have to serve 51 years before she is eligible for parole.
Yesterday, Tennessee Governor Bill Haslam said he is continuing the weigh whether to grant clemency to Cyntoia Brown. Governor Haslam was speaking at an event in Tennessee when Justin Laing, a higher-education professional and member of Black Lives Matter Nashville, approached the microphone during question time. He began by bringing up the case of Cyntoia Brown, arguing, “As a victim of sex trafficking and assault, this is an unjust sentence in the first place. She has not been treated as a victim of trafficking and not given the justice she deserves.” He then continued to address Haslam directly, saying “you have the power and ability to grant clemency to Cyntoia Brown, and so I ask when will you grant her clemency, what will be your legacy as you leave office, and how will you answer to this human rights violation that the state of Tennessee is committing by keeping her incarcerated?” Governor Haslam responded by saying he is reviewing “every aspect” of Cyntoia Brown’s case and that he will have a decision on clemency before he leaves office in six weeks. Governor Haslam has been presented with the opportunity to stand up to the way our justice system treats not only victims of sex trafficking, but also women and people of color. For the time being however, one can only hope he makes the right decision.
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