ROLF'S STORY
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By Linda Tant Miller
Rolf Kaestel, has been incarcerated since 1981. He received a life sentence from a Fort Smith jury for the robbery of $264 from a local Taco Hut, using a toy water pistol. Rolf was a visitor to Arkansas. His four accomplices were local residents. Each of his accomplices received 5 year suspended sentences and never served any time in jail for the offense.
Rolf was not a career criminal, but under Arkansas law, aggravated robbery {Ark. Code Ann. § 5-12-103} is a Class Y Felony, subject to a sentence of life imprisonment {Ark. Code Ann. § 5-4-401(a)(1)}.
An incarcerated inmate convicted of a felony and sentenced to life imprisonment, on and after April 1, 1977 and prior to April 1, 1983, is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency {Ark. Code Ann. 16-93-604(B)(1)(b)}.
Rolf's attorney, Mark Ford, was able to poll five of the jurors. Four out of the five contacted by Mr. Ford, indicated that they thought they were insuring Rolf would remain in prison for 7 years. They did not realize they had sentenced him to Life. Click here to read Mark Ford's Affidavit.
During the course of his incarceration Rolf has redeemed his life beyond what could reasonably be expected of anyone. Read the letter from Dr. Moneypenny to the Executive Clemency Board, regarding Rolf's rehabilitation. He has obtained a certificate as a paralegal, given his life over to God and set about doing what all good men of conscience and ethics do; try to improve the community in which he lives.
Because of his actions in reporting the crimes, abuses, and security breaches rampant in the Arkansas Department of Correction, Rolf has been illegally transferred to Utah's Draper prison unit. Read Kelly Duda's article on Rolf and his role in exposing the Plasma Program. His low "security risk score" was "over-ridden" due to his life without parole sentence and he has been placed in Maximum Security. There he is housed with gang members and violent inmates, locked into a cell with another inmate for 21 hours a day. He is not permitted to work, engage in organized sports or enjoy any of the other few privileges afforded general population inmates.
Click here to contact the Governor or Utah
Click here to contact the Governor of Arkansas
Read the Arkansas Supreme Court Opinion delivered January 18, 1982
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