Northeast Philly Man Gets Clemency, Released After Nearly Two Decades Behind Bars
PHILADELPHIA (CBS) -- A Northeast Philadelphia man is now home after spending nearly two decades behind bars. He is one of the thousands of non-violent drug offenders who received excessive prison time under the strict sentencing guidelines of the 1990's. Now, he's received his lucky break.
David Padilla-- can't stop smiling.
"It's like hitting the lottery three times in one week," says Padilla, 49.
Instead of money, his winnings are life, love and family. The father of three was 29 years old when he was convicted of a non-violent drug offense. His punishment; two life terms behind bars.
"I know I deserved to be punished because I did wrong," he says, "but no way should I have died in prison."
Padilla is one of thousands who received a mandatory sentence under the harsh drug laws of the 1990's. If sentenced under today's laws, it's likely he would have received less time. Padilla knew his sentence was unfair, but had exhausted all options.
"It was painful," says the father of three, who spent nearly two decades of birthdays away from his kids. "It was definitely truly painful seeing them grow up right in front your eyes while you are away."
But Padilla used his time on the inside to change his life. He was a model prisoner, obtained an associate arts degree and got a job as a dental assistant and dental tech making dentures for prisoners. Keeping busy helped him stay sane. His wife and kids helped him stay focused.
"There was no hope, but I still had hope," says Lisette Padilla, his wife of 28 years.
She and the kids visited Padilla in prison. They sent letters and spoke on the phone a few minutes every day.
"I wanted him to be a part of our children's lives," she says, "and I wanted them to be a part of his. It was very hard, but we did it."
Then, in 2014, a new opportunity for freedom arose. The Department of Justice launched the Clemency Project. The chance was slim, but the Padillas gathered the information needed. They worked with the Mercy Project out of the New York University Law School, filing a petition, but limited their expectations.
"You would be hard pressed to argue that he shouldn't be granted clemency," says Deb Gramiccioni, the executive director of the Center on the Administration of Criminal Law at NYU School of Law.
She filed Padilla's petition and says the standard was tough. Qualified candidates must (I) be a non-violent drug offender, (II) not affiliated with a gang; (III) not have been a drug leader or organizer and (IV) have served at least 10 years in prison.
"Mr. Padilla was one of those non-violent individuals who if sentenced today, would have gotten a much lower sentence," says Gramiccioni.
But even with all qualifications met, the likelihood of getting clemency is slim. Since the Clemency Project launched, an estimated 36,000 individuals have applied. Less than a third of the cases have been accepted for review; only a small fraction of those petitions have been granted. Padilla got word he was one of the lucky ones on December 17, 2015. Six days later, he walked out of prison. He was released from the halfway house on April 15, 2016.
"I know with my situation I am fortunate," says Padilla, "there are other men who are ready for the same opportunity that I was given-- they have changed their lives, but they are still in prison."
Today, Padilla has a job at a tour bus company doing maintenance work. He's living at home with his wife and their adopted son, Pablo. He missed seeing his three children grow up, but now that he's a grandfather, he says he'll make sure he's the best he can be.
"I feel so blessed," he says, "if it wasn't for that executive order, I would still be in prison with no release date-- this is such an awesome opportunity."
An opportunity to re-kindle the love and life he once shared with his wife.
"Our next 20 years will be amazing," says Lisette.
