David K. Stanley submitted the following document to Wise County (Va.) Circuit Court Judge J. Robert Stump in April 1993:
As I have testified in previous hearings, I felt that my internal rehabilitation process actually began the day I chose to go out of business and bring the ensuing criminal prosecution down upon my head. That was at least the first step in assuming full responsibility for my crime. I had no idea how much difficulty I would encounter before I would finally get a real grasp on the gravity of my mistake. My caseworkers at the half-way house where I've been incarcerated for last [sic] three years have done much to help me understand the dynamics involved in my crime. My goals with regards to rehabilitation are second only to restitution.
I have sought diligently to determine why I was able to make such a harmful mistake. As you know, there are numerous programs to help those involved with substance abuse, gambling, and other inappropriate behaviors. There isn't any established program to counsel with felons convicted of financial crimes. Although I have known and asserted with complete accuracy that recidivism could never ever be the case with me, I still wanted to understand what was going on inside me during that time. With my case worker's help, I found a therapist experienced in dealing with felons of my type, and thankfully she has helped me uncover and begin to deal with the foundation of my mistaken behavior.
My efforts and accomplishments towards rehabilitation, stated succinctly, are as follows:
- It has been 6 years since my crime. I have lived successfully despite enormous pressure, paid restitution, been incarcerated, and maintained a perfect probation record.
- Although not ordered to do so, I have sought out, engaged, and am actively participating in both group and individual counseling to address the dysfunctional behaviors in my life, both past and present.
- I have worked daily to make sure that restitution has been my only priority, focusing on righting the wrong I committed. There can be no more beneficial act of self-rehabilitation than actively reversing your mistakes, if you can.
Most importantly, your honor, I understand now that my rehabilitation will not be complete until my victims have been restored. I can never be clean until my victims are whole. I cannot ask humbly enough to be allowed some way to finish what you allowed me to start.
RETRIBUTION
In terms of retribution, the Commonwealth Attorneys take the position that I should be incarcerated now as punishment for my crime. I cannot say that this is an unreasonable position, from their point of view. They see a terrible crime committed, and view incarceration as the most effective punishment. I will never, sir, take the position that I do not deserve much punishment for what I did. What I ask here is to relate the punishment I have served to date, and what would continue if I am allowed to keep making restitution. I relate these with an important caveat: Everything I have been punished with to date I have deserved, perhaps more.
FINANCIAL
- For the last three years I have paid all my after-tax income to restitution. I have existed from my expense account and the charity of my family. This has literally meant no money for anything. My travel account pays for living expenses while working, but only for travel days. Charity from my family has kept me in clothes and basic necessities or I would not have made it.
- My crimes are in Check Systems - I cannot even hold a checking account for my expenses. Every transaction I conduct must be in cash. Even cashing my expense reimbursement checks costs me 3%. Because of the judgments on my credit report, I will not be able to get any kind of loan for approximately 10
