Judge slashes sentence for former Wharton student
Arrested in 1991 with 2,200 vials of crack, Clemente to be freed
· March 31, 2005, 5:00 am
Former Wharton student Christopher Clemente -- who as a sophomore was sentenced to 16 years to life in prison on drug and gun possession charges 14 years ago -- is set to be released within the next 48 hours.
Clemente, now 34, had his original sentence reduced to eight years by New York State Supreme Court Justice Richard B. Lowe yesterday, following recent revisions to the harsh 1970s-era drug laws known as "Rockefeller Laws."
According to lawyer Ron Kuby, Clemente took the initiative to file a motion with the court to reduce his sentence.
He later asked Kuby -- protege of the late famed civil liberties lawyer William M. Kunstler, who first took up the case in 1990 -- to represent him in the hearing.
His release from the Sullivan Correctional Annex in Fallsburg, N.Y., comes after almost a decade and a half in prison -- during which he exhibited "excellent" institutional behavior working as an aide in the prison's law library, Kuby said.
Clemente was 19 when he was arrested Jan. 9, 1990, in what the court referred to as a Harlem drug factory at 109 West 112th Street, near Columbia University.
New York City police found 214 vials of crack, a loaded MAC-11 machine pistol, a drug ledger with the name "Christopher Clemente" written on it, a bulletproof vest and more than $11,000 in cash.
They later testified that Clemente also tried to get rid of a loaded 9 mm. pistol and more drugs by throwing them out a fourth-floor window.
The prosecutor, New York Assistant District Attorney Maxwell Wiley, presented Lowe with a photo -- seized by Philadelphia police from Clemente's Van Pelt College House dorm room -- of the student posing with five firearms.
Wiley also released Clemente's 1989 fall semester grades -- three F's and a C -- in an attempt to discredit the defense's portrayal of him as a model student.
Lowe sentenced him on Feb. 26, 1991, following conviction of possession of a gun and more than 2,200 vials of crack. The additional 2,000 vials were found thrown out of an apartment window, just after officers arrived on the scene, police said.
Kunstler argued against the "Draconian sentence" and accused the police of violating Clemente's fourth amendment rights.
Police were originally responding to a 911 call next door after reports of gunfire in the building.
Clemente returned to campus in September 1990 before his 1991 January trial date. The University administration had agreed to permit Clemente to take a voluntary leave of absence -- but not before then-Vice Provost for University Life Kim Morrisson suspended him for four weeks.
Hundreds of students protested her decision and collected over $15,000 to help bail Clemente out of jail. Even then-University President Sheldon Hackney -- now History Department chairman -- made a personal contribution to the fund out of concern for the student's safety in prison.
At the trial, the defense said that Clemente -- who had a record as a youth offender -- had borrowed the apartment while home during Christmas vacation "for a tryst" with his girlfriend Leah Bundy.
Bundy, then 21, was also arrested at the scene and sentenced to 15 years to life. After serving 10 years of her sentence, the Bronx, N.Y., resident was granted clemency by Gov. George Pataki.
Lowe would not respond to calls for comment after office hours.
Kuby was overjoyed with the resentencing.
"Every lawyer has a couple of cases that haunt him," he said. "Chris was so young and had so much promise and did one stupid thing in which no one was hurt, and he paid for it with his entire youth."
Kuby added that his "biggest regret" was not pushing Clemente to take a plea bargain of one to three years -- a deal that the student refused, fearing that a felony conviction would prevent his return to the University.
Henry Clemente, 53, called his son's imminent release "a blessing."
Adding that the "devout Christian" would definitely want to continue his education while devoting time to his religion, Henry speculated that his son might write an autobiography.
"He's a phenomenal young man and you will see all his talent come out as he explores his life and becomes the one he dreamed he could be," said Henry, who lives in New York City.
Celebration plans include a quiet dinner with friends and family.
Christopher's mother, Barbara Jenkins, could not be reached for comment in her Virginia home.




Comments (5)
Reader
December 31, 1969, 7:00 pm
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How much vengeance does our society really need with respect to a 19 year old crack addict who is in possession of guns? The disparity between the sweetheart plea deal offered (a year in jail and a felony conviction) and the savage sentence of 19 years to life when he lost at trial surely demonstrates the cruelty and irresponsibility of a state legislature that gets into a politically-motivated orgy of "getting tough on crime". Jesus, what a perversion of justice. Lawyer Alum
Reader
December 31, 1969, 7:00 pm
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I agree with your comments Lawyer Alum. I think they intended this article as an April Fools joke, but those of us who practice don't see it as enough of a stretch of the imagination. Should we penalize people for exercising their right to a trial? Should we keep politics out of sentencing guidelines and focus on rehabilitation and reducing crime instead? These are things for all the newly registered voters at Penn to consider. Bob Gasparro, Esq., Attorney and Accountant University City
Reader
December 31, 1969, 7:00 pm
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Lawyer Alum, I usually agree with your posts but not this time. I'd have to say that the Christopher Clemente story is surely proof that the criminal justice system can work. Chances are had Clemente not been arrested and removed from society he would have killed or been killed. That is the plain simple truth of the drug trade. Statistically Clemente's chances of going straight at 34 are excellent. Had he been sentence to a year or two Clemente in all probability would have returned to the drug trade and most likely he would be dead by now. I wish Clemente luck and congratulate the court on a job well done. LTM Penn
Reader
December 31, 1969, 7:00 pm
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Both MAC10 and MAC11 are compact and reliable guns, capable of delivering a good amount of firepower due to high rate of fire (1100 rpm for MAC10 and a striking 1600 rpm for MAC11 in .380). But the light weight and high rate of fire resulted in marginal accuracy and relatively short effective range, thus make the MACs the good choice for building sweeps and inside-the-vehicle operations (Israeli commandos used the MAC-11s in their Aircraft Hijack Rescue missions, thank to its to great firepower and low probability of over-penetration ad ricochetes). This, then, young man wasn't found in possession of a pencil case but an automatic weapon "good choice for building sweeps and inside-the-vehicle operations". Let's talk about the comfort level of a student for that type of firepower and lifestyle (gun-posing drug dealer) and consider as the above poster that a "time-out" of some length was more than likely very necessary. That sentence surely saved his life for otherwise he'd have long since been found dead in a dumpster clutching that machine gun. Lin
Reader
December 31, 1969, 7:00 pm
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Chris was so young and had so much promise and did one stupid thing in which no one was hurt, and he paid for it with his entire youth." One stupid thing? Yes deciding to be a machine gun toting drug dealer could be said to be a single lifestyle choice... Lawyers. On the other hand it could be pointed out that he made an affirmative choice every day to get up, load that gun and sell those drugs, a string of hundreds and thousands of choices, not one. The lawyer focuses on the one stupid mistake of getting caught that day: our society can't ignore the thousands of days he didn't get caught packing that MAC and pushing his poison. ralf
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