‘A BETTER EVERYTHING’
AFTER 68 YEARS BEHIND BARS, THE LONGEST-SERVING U.S. JUVENILE LIFER EMBRACES NEWLY GAINED FREEDOM
TO BE VERY CLEAR, AS I READ THE TRANSCRIPT, IF THIS WENT TO TRIAL TODAY, JOE LIGON WOULD BE FOUND GUILTY OF ROBBERY, AGGRAVATED ASSAULT OR ATTEMPTED MURDER, AND HE WOULD HAVE GOT A SENTENCE OF FIVE TO 10 YEARS. — LAWYER BRADLEY BRIDGE
On a snow-flecked morning in February, Joe Ligon stepped from his lawyer’s car, his gait deliberate yet steady, his hair as white as cotton. A few hours before, he had eaten a breakfast of pancakes, two bowls of cereal, no milk, his final meal in prison.
“This is no sad day for me,” he said. “Feel real good. Like a dream come true. I anticipated this from Day 1.”
What was Ligon looking forward to? “A better everything.”
The son of Alabama sharecroppers, Ligon entered prison when Dwight Eisenhower was president. During the 68 years that he spent incarcerated in a half dozen penal institutions, the world outside moved on. At the one-day trial in 1953, Ligon and his co-defendants were referred to as “coloured.” At school, his special education classes were designated for the “orthogenically backward.” He was incarcerated in a facility named the Pennsylvania Institution for Defective Delinquents, the inmates classified by courts “as mentally defective with criminal tendencies.”
Ligon, 83, has never had his own place, operated a cellphone, paid a bill, cast a ballot, earned the minimum wage, lived with a partner or fathered children.
While he was locked up, almost all of his family died, most of the men to murder. All he has left is a sister, some nieces and nephews. This was his central sadness: “It would have been much better if I had come out when my parents were still alive.”
Ligon was 15 on that wretched night, when everything went wrong. Now, he is an old man with few teeth — but an old man who is free and, given the circumstances, in remarkably good health. He doesn’t take any pills except vitamins.
“I feel real good. One reason for that is because I’m out. I’m home,” Ligon said. “When you get life, you have no hope, especially if you give up. You don’t make plans like I made plans.” His plans were always to be free.
That February night, Ligon and five other teenagers drained two bottles of wine, ripped through the streets of South Philadelphia near his home and stabbed eight men, two of whom died. It was the first time he ever drank, he has said. They were teens, being stupid and then horrible. The murders made all the front pages, the teens dubbed “the Head Hunters,” though Ligon insisted “we were no gang.”
His lawyers instructed him to plead guilty to all the facts, leaving the judge to determine the crimes. Ligon admitted to stabbing one victim, who survived. He always contended that he never killed anyone. Ligon was sentenced to life in prison with little chance of ever getting out.
Since then, all his co-defendants have been released or died.
The United States long led the world in incarcerating juveniles for life without possibility of parole (known as JLWOP), a practice condemned by human rights and civil liberties organizations, questioned by growing research on adolescent brain development and ultimately ruled cruel and unusual punishment, a violation of the Eighth Amendment, in a series of U.S. Supreme Court decisions between 2005 and 2016.
Pennsylvania long led the country in juvenile lifers, by far, with a quarter of the total. Sixty per cent of those prisoners were from Philadelphia, the nation’s poorest big city, the overwhelming majority of them Black.
It cost the state an estimated US$3 million to lock up Ligon for so long, excluding 37 treatments for prostate cancer. He is now in remission. Correctional departments spend far more incarcerating older prisoners, because of their health needs, even though they’re less of a danger to society.
Ligon broke every unenviable record, becoming the oldest, longest-serving U.S. juvenile lifer.
He is guilty of robbery and assault, said public defender Bradley Bridge, Ligon’s lawyer of 15 years, who has made the release of juvenile lifers a mission, “but he is not guilty of any homicide. He deserved appropriate punishment. But this is particularly disproportionate punishment for someone not guilty of homicide.”
What was singularly cruel about sentencing a juvenile to life in prison without the possibility of parole, Bridge said, “is it denied them their humanity. It denies them their ability to change, to demonstrate that they can get out of prison and be contributing members of society.”
Ligon’s case seemed egregious to Bridge, 67. He said, “To be very clear, as I read the transcript, if this went to trial today, Joe Ligon would be found guilty of robbery, aggravated assault or attempted murder, and he would have got a sentence of five to 10 years.”
In 2016, after the U.S. Supreme Court ruled that all juvenile lifers had to be resentenced, Ligon became eligible for parole. Bridge told Ligon he could fight parole from the cellblock or the street, and advised the street.
But parole was not acceptable to Ligon. He wanted to be done with the “long tail” of the law, and refused.
At a sentencing hearing the following spring, the judge told him, “I don’t want you to die in prison.”
Ligon opted to serve nearly four more years. That first morning after his release, he sat in his lawyer’s office — directly from prison, with a stop at a rapid COVID test (negative). “I am a stubborn type of person. I’ve been that way since I was able to talk,” he said.
Ligon’s freedom came with its own headaches for both his social workers and his inmate re-entry program. Housing, health insurance, proper identification and more, everything required to live a life outside, necessitated working with more than 10 separate agencies. Ligon was given a wallet, his own television with a sports package (he loves all Philly teams, provided they are winning), and a phone with unlimited minutes.
His niece Valerie, the daughter of Ligon’s ailing sister, plans to be a constant in his life, as he has been in hers. She was there to greet Ligon hours after his release.
“It will not be easy, but he is so happy,” she said. “This is all new. Our world is so foreign to him.” A couple with a two-storey West Philadelphia row house, contracted domiciliaries with an agency that cares for older citizens, agreed to take him in.
Ligon’s first day was momentous, too, for the many people who have helped him, Team Joe. After the stop at Bridge’s office, Bridge drove Ligon to his new home, where his family and support team celebrated on the street and then inside the tidy home. Among his advocates was John Pace, 52, a former juvenile lifer who knew Ligon for two decades in Graterford prison, earned a bachelor’s degree from Villanova and works for the Youth Sentencing & Reentry Project (YSRP).
On the narrow, side street of his new home, Pace met Ligon, who was still wearing his beaten maroon cap from the yard. This was not the attire befitting a free man.
“That was a prison hat. What is Joe doing with that hat on?” asked Pace, incredulous.
Ligon stopped, hurled the cap on the ground, and commenced stomping, an act that would have never been allowed in prison. Team Joe all stomped on the cap. Later, Ligon tossed it in the trash, and donned a new Flyers hat instead, a fresh start.
All Ligon could do was grin.
His new home is “beautiful. It’s clean. I walked in, I could smell the freshness,” he said. He was too excited to eat.
Ligon luxuriates in attention and sharing his story. Unbidden, he will speak at length of the night that ended his old life, as though he’s still mounting a defence.
He asked that he not be relocated to his old South Philadelphia neighbourhood, a kilometre from where he was sitting, and since gentrified. He wants nothing to do with it.
“The night I got in trouble was in South Philadelphia. My baby brother was murdered in South Philadelphia. My father was murdered in South Philadelphia,” he said. “Nothing but murder, murder, murder.”