Please feel free to use this letter. You have my permission.

I am writing to you about my wife Carla Owens (O'Neill) . I realize that this letter may be lengthy, but I pray that you will read it. I believe that it contains all background information that will be helpful. In 1991 my wife was working in the small town of Perry, Fl. She was 20 years old and recently divorced from an older man that was a drug dealer.

She had a very young daughter that was born in 1988. She decided that this man's lifestyle was not what she wanted out of life. She had left home in Ohio at 15 due to problems at home. It was not long after she arrived in Florida that she met her ex-husband. If he had not been murdered, he would now be 45. As I stated he was much older than her. My point here is that she had a very troubled background that I will go into later in this letter.

In 1991 she had entered into another abusive relationship. She used drinking as a crutch to help her. It was in a drunken state that she and her boyfriend, at the time, became involved in a domestic dispute. One thing led to another and she ended up chasing him in another persons vehicle. She had her ribs cracked by this man. She found a gun in the vehicle and fired it several times into the air. I have read the police reports and it seems that things were made out to be worse than they actually were. The "victim" dropped all charges against her. The state picked up the charges. The judge said that he was going to make an example out of her, and he did. She received 36 months of prison, two year of house arrest and 10 years of probation. She served 10 months in prison, three months in a halfway house, one year of community control, plus the probation.

In late 1995 she got permission to move back to Ohio. She got the necessary paperwork together and transferred her probation to Ohio. She left to be closer to home and get out of yet another abusive relationship.

She has completed her time up until September of 1997 with no problems. She has been accepted into a Respiratory Care program at a local college in Ohio and has been on the Dean's List every quarter. In September of 1997 she was arrested in Ohio for drinking and driving. She was not legally drunk and the charges were later reduced to reckless operation. She was in the county jail here in Ohio for 40 days. Once released we drove to Perry for a Violation Of Probation (V.O.P.) hearing. She was placed back on probation with time served. In April of 1998 my wife suffered a miscarriage. About a month later she was picked up for driving while under the influence. That night I had to admit her to the local hospital. She wanted to die. After spending the night in a safe room in the hospital, she was released. I brought her home and she called the hospital to arrange being checked into the Care Unit. Her probation officer here said that she would do nothing to Carla and that she was where she needed to be.

Carla spent two weeks at the Care Unit and learned that she was an alcoholic. I spent much time at the Unit learning about the disease. I learned how even though you know bad things happen when you drink, one cannot help themselves. I also learned that there is hope. We found a twelve-step program that is there to help. A person can learn how to change the way they deal with life's issues. It was during this period that I learned that I too am an alcoholic. Both my wife and I have learned that there are other ways of dealing with issues other than drinking. To be honest with you, we did not know of any other way.

My wife is the product of a broken home where both parents were alcoholic.

Her Mother and Father divorced when she was five. After her Father was gone, it is my understanding that she suffered more. Her Mother was prone to shooting a gun through the ceiling while drunk. Carla suffered sexual, physical, and emotional abuse. She has told me that when she wanted milk for her cereal, she had to move the drugs out of the way. I am enclosing a letter from her Father to give further first hand evidence of what she went through. Please read it. It is tragic. When Carla was nine her Mother was sent to prison for murder. The kids helped clean up the blood before her Mother called the police.

One month into the twelve-step program we learned that my Stepdaughter's natural father had been murdered in November of 1997 in Cocrahn, Ga. His Mother was kept alive by these people until April of 1998 , and then raped and strangled. The bodies were discovered in June of 1998. My wife had been very close to his Mother and took this news hard, but she did not drink. Around two months into this lifelong commitment we began the process of adoption of Carla's four year old son. He is the son of a very violent and crazy man. We have had to get a five year restraining order against him. While they were together in Florida he was arrested for shooting at her and the kids. He got a year of probation. He is fighting the adoption and Carla and I have suffered the stress well. We use our new coping skills and have not drank. Three months into sobriety we learned for the first time that there would be a V.O.P. hearing in Perry. The Probation Officer here in Ohio suggested to us that Carla might have to do three to seven days in jail. Probation in Perry recommended 1 year. The Prosecutor offered four and one half years. We were stunned but did not drink.

Recently we celebrated six months of sobriety. There have been many reasons to drink but we have not. The support network of our twelve-step program has been a God send. These people know how we feel and they help. Not only have we gone through all of the above, but my wife also went through knee surgery. She suffered damage to her ACL on our honeymoon in January of 1998. When she went for surgery she had a spinal so she would not have to have drugs given to her to put her under. After, she would not accept prescription pain medication. Drugs such as these can be hazardous to sobriety and she did not want to take that chance. She suffered through the pain with only over the counter Motrin. Again no drinking. On November 9th we appeared in court for Carla's V.O.P. hearing. The judge sentenced her to eight years. She is currently two months pregnant with a high risk pregnancy. It is important to know that I have still not picked up a drink. I use my support system. It is also important to know that my wife has told me that Marijuana is available in the jail. She has not touched it. She is very strong in this program.

At this point in the recovery process it is very important for the family to be together. We all need to heal. Carla being gone is hurting that process. I have had to get counseling for my four year old son. He is angry and does not understand why Mommy can't come home. My daughter is attending Alateen, and has been since my wife helped start a chapter in our area. Alateen is a support group for children of alcoholic parents. It helps them deal with issues that they have as a result of alcoholism.

Alcoholism is truly a family disease and affects everyone, not just the person drinking.

Finances will be difficult to meet. Without my wife's income it is difficult to make ends meet. I imagine that it will be much more difficult once the baby is born. I t is important at this point to let you know that her job will still be there for her when she does get out. The people at the Doctors office that she works at will hold her job no matter how long she is gone. Again, this illustrates that Carla is a well thought of and productive member of the community.  She has become a productive member of society. She is not a threat to anyone. Every instance of her getting into trouble has been because of alcohol. For the first time in her life she has faced the problem. She faced this problem on her own without a court telling her to do so. She has done this to better her life and the lives of our family. She did not do this to impress the Florida courts, she did not even know that she would have to go there until she was three months sober. I pray that you take everything I have written into consideration, and that you can help us get this story of injustice out to the public or help in any way.

Our family and our community have suffered a great loss by her not being here. In the past six months she has made incredible strides to become a vital part of the community. She has volunteered at both my daughter's and son's schools.
She has also donated her time helping out at church. We have recently been asked to sit on the board for the Community Action Head Start Program. She has truly changed and is important to our community and family.  She has changed for the right reason, for herself and her family.

As I mentioned earlier in this letter, Carla is about 2 months pregnant. On November 25th I received a call from the prison in Florida. I was told that I would be notified after the babies birth and would have 24 hours from the time of birth to pick up the child. After this time period I am uncertain as to what happens. I live about 850 miles from where the baby will be taken. I am expected to pick up this newborn and drive 850 miles back. The baby is not to be with the mother. I told them that I wanted to be there for the birth. This will be my first and probably my only natural child. I was told that I can't be there. I feel that this is an infringement on my rights. I, as the father, should be entitled to witness the birth of my child. This seems like that not only can they take Carla's rights away, but also my rights.

I would also like people to see that the so called justice system as a whole is filled with problems. Our jails and prisons are full of people that do not need to be there. It is a waste of taxpayers money.

This money could be better used in other areas. On closing I would like to relate to you what the Prosecutor told me, "The State of Florida is not interested in rehabilitation, only punishment." It is no wonder that the system is in the shape it is in.

I thank you for your time,

Jay Owens

If you have any questions, please feel free to contact me. Jay Owens
1011 Third St.
Marietta, Oh. 45750

Daytime phone:(800) 230-9191
Home phone: (740) 374-2142
E-MAIL: owens@wirefire.com

Below is a letter from Carla's Father to the Prosecutor. This letter describes her background from first hand knowledge.

Dear Prosecutor Phelps:

I write on behalf of Carla Owens, formerly Carla O'Neill. I am her father and would like to relate to you the circumstances of her growing up and how, in spite of those circumstances, she has managed, I believe, to turn her life around. I believe that she is now a productive citizen, contributing both to her family and her community.

When Carla was five years old, her mother and I divorced. The time leading up to that point was stormy as the result of my alcoholism. There was no physical abuse of Carla or her two brothers, but I'm sure that the arguing and yelling frightened the children. After we divorced and custody of the children was awarded to the children's mother, who was also a heavy drinker and drug abuser, a series of unfortunate events began, which I believe profoundly affected all three children.

There were on-going parties at the home, men in and out, nudity, drinking, loud and belligerent activities. I know of these happenings from information volunteered from neighbors and from actual first hand knowledge at the times I picked up the children for visitation. I spoke with my ex-wife about these things and was told to mind my own business.

My oldest son has since told me of his fear and embarrassment at living as they did. He relates how, at nine years old, he would arise early enough to go to the neighbors driveway to pick up broken beer bottles that had been thrown there from his mother's bedroom window. He has also told me of the constant parade of people in and out of the house and of his seeing people, drunk or high, lying around the house in various states of dress and undress. He and Carla did their best during this time to feed themselves and their younger brother, as their mother only handled this necessity at her whim.

After a short period, the mother and children moved from the home to a section of town that was noted for street violence and drug trafficking. It is difficult to describe what the children were subjected to and how they were neglected during this period. The mother had a new boy friend, parties continued, drugs were being sold from the house, prostitution was involved, there were guns, little food, little hygiene, little direction for three frightened children.

The children have told me of being locked in their rooms, often with "the family pet", a half-tame Doberman pincher, while their mother, in drunken and drug induced rages, would fire her pistol into the ceiling of the living room, just below where the children were. I was still able to get the children on weekends for visitation and always found them dirty and unkempt and hungry. It appears that they had learned how to cook eggs and macaroni and cheese, and were subsisting on those foods, plus peanut butter sandwiches. They were doing their best to take care of one another.

I attempted to get custody of the children at this point, but was told by my attorney that he didn't want me to waste my money since there was absolutely no chance of being awarded custody in that county. This in spite of the drugs, prostitution, neglect, and endangerment.

In 1980 or 1981, the mother was arrested and convicted of murder. She was sentenced to 15 years to life in prison. She had been carrying a gun in her jacket, which she used to kill the victim. I understand from the children that they helped her to wash the blood from her clothes the night that the killing occurred.

Shortly after this, the children came to live with my wife and me. I remember going to their house to get their personal items. What we found was appalling. The house was filthy - dirty dishes and garbage strewn around; clothes piled around the house and in the basement, wet and mildewed; bullet holes in the ceiling; drug paraphernalia.

The children, after awhile, began confiding in us somewhat and told us stories of some of the information related above. There was also mention of possible sexually abuse to Carla by her mother and boy friend.

Carla had been so indoctrinated by her mother against my wife that the relationship between Carla and Mrs. Smith was strained. Apparently, Carla and the boys, were told that if they were "nice" to their step-mother that she would disown them. I find it hard to believe that the children would care about that, but they did.

We all moved to a new town, a small, family-oriented SE Ohio town. In spite of the new surroundings and family stability, the socialization problems created by their former life style were still very much in evidence. There were many serious problems for Carla and as my wife and I demanded certain decent behavior from Carla, she further rebelled, and at 15 left the family home and moved to Florida.

Eventually she was arrested in Perry and sent to prison. After a period of time, she was released on probation and moved back to Ohio, with her two children. She got a job, enrolled in the local community college and cared for her two children.

I look at the children and see how well they are doing. My granddaughter, 10 years old, is an excellent student, a well-liked, polite, and friendly child. She recently was elected to a bantam football cheerleading squad.

Carla and her husband, Jay, support Allison in every way, helping with homework, providing a clean and loving home. This past summer Jay was coach for Allison's softball team and Carla was the scorekeeper. Carla is involved at Allison's school, helping in the classroom with little parties and other events. The children are happy and well adjusted, which comes as a result of a stable, loving and supportive mom and dad. Jay is a fine young man, loving and caring, from a good family that supports Carla and accepts her fully into their family group. Carla continues to attend college and has been accepted into the respiratory therapy program. She also works for a local cardiologist, Dr. S. Chary, as a billing clerk.

Yes, there have been problems with Carla's probation. The last episode for which she is appearing in Perry Court has frightened her and, I believe, has led her to the help she has needed for so long. She has done something about her alcoholism. She received treatment at a local treatment center and has been attending meetings of Alcoholics Anonymous for the past four months. I believe she is doing well and attends a meeting nearly every day.

Her attitude has changed. She no longer blames others for her situation, but looks to herself for her part in the matter. I perceive this in her and have heard it from others.

I ask that the court take into consideration the violent, alcohol and drug filled childhood that Carla experienced. I further ask you to be lenient with Carla in this current matter. I believe that Florida and Ohio would be better served to not incarcerate her. I believe that she will continue on the new path in front of her, that she will continue to grow in Alcoholics Anonymous, in her educational area, in her job, and especially as a mother and wife.

Sincerely,
 

David W. Smith
(740) 374-0813

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November 28, 1998