On May 8, 1964, Wainsworth Marcellus “Unique” Hall was born to Aston Hall and Mary Garvey in Kingston, Jamaican. Wainsworth’s great grandfather and Marcus Garvey’s father are brother with the same mother and father. Wainsworth’s mother, Mary Garvey, and Marcus Garvey are 1st cousins.
In Kingston, Wainsworth grew up very poor, and on many occasions went to bed without eating.
On January 15, 1972, at 8 years old, Wainsworth and his siblings migrated to the United States of America arriving in New York City.
At the age of 12, and unable to read or write, Wainsworth could not deal with the pressure of his parents not living together due to their bitter divorce. Shortly thereafter, Wainsworth chose the wrong path in life. Wainsworth was introduced to drugs, which also helped him to cope with the pit-falls of life coming from the Island of Jamaica trying to fit into America as a teen. Due to being addicted to drugs, Wainsworth would end up committing crimes to support his drug habit, which landed him in jail. Wainsworth looked at his imprisonment as a blessing because it helped him get off of drugs. Once released from jail, and now free of drugs, Wainsworth found time to focus on his passion - Music.
THE ENTREPRENUER AND MUSIC INDUSTRY
If you ask folks who were on the scene in NYC during that time period, they will remember Wainsworth Hall as a businessman with aspirations to unite the various ethnic heritages in the city, through music and good times. He is most recognizable as owner of the recording studio Mecca Audio and his night club in Harlem, New York City named Club 2000.
Wainsworth Hall generated a substantial amount of revenue as a songwriter for various artist. Many artist would also license Mr. Hall’s Mecca Audio Chant - “Aayoo Iight” which many top artist still use today, such as Doug E Fresh, and Grammy winning artist Pitbull. Wainsworth acquired Club Fuego in the early 90’s, and changed its name to Club 2000. Standing at 157th St. and Broadway, in Washington Heights, “Club 2G’s” (which it was referred to as) served as a space for Harlem’s Black, Dominican and Puerto Rican communities to party together on the Lower East Side. In addition to spinning hip-hop, R&B, reggae, go-go and house music, Wainsworth lived up to his name by incorporating “Miami bass music” to the club’s ambience.
In 1993, at 29 years old, Wainsworth Hall was arrested and indicted for drug conspiracy charges.
On June 27, 1994, a jury found Mr. Wainsworth Hall “Not Guilty” for unlawful distribution of cocaine and money laundering. But, Mr. Hall was sentenced to death due to fabricated testimony from individuals, whom he never met before, who testified that they worked for Mr. Hall in order to reduce their sentence. The judge caught on to what was going on with the fabricated testimony, and at Mr.Hall’s sentencing told him to save himself, but Mr. Hall refused to turn into a federal informant. Mr. Hall admits to being involved with a drug operation, but not with the individuals who gave the fabricated testimony.
There were multiple errors conducted by the court, such as the Jury Instructions, and Wainsworth is not supposed to be serving a LIFE sentence.
THE JURY INSTRUCTION ERRORS
The jury never found Wainsworth Hall guilty of any specific drug offense. If Wainsworth was indicted for cocaine, crack cocaine, and marijuana, the jury was supposed to be specific about which drug they found him guilty of. The jury did not. In fact, the judge was supposed to instruct the jury that it must “unanimously agree” that the three or more drug violations were "related" to each other.
The 4th Circuit stated:
“Hall argues that the judge erred by failing to instruct the jury that it must unanimously agree that the three or more drug violations were "related" to each other.
“We do not require that the jurors unanimously agree as to the same predicate acts; this we feel will result in unjustified acquittals frustrating the important policy goals of the CCE. US v. Hall, 93 F. 3d 126 - Court of Appeals, 4th Circuit 1996.
The Supreme court of the United States “Agreed” with Mr. Wainsworth Hall.
THE SUPREME COURT OF THE UNITED STATES RULING:
In 1999, the Supreme Court ruled, "We must decide whether a jury has to agree unanimously about which specific violations make up the "continuing series of violations." We hold that the jury must do so. That is to say, a jury in a federal criminal case brought under § 848 must unanimously agree not only that the defendant committed some "continuing series of violations" but also that the defendant committed each of the individual "violations" necessary to make up that "continuing series." Richardson v. United States, 526 US 813 - Supreme Court 1999 at 815.
The jury never found Mr. Hall guilty of any specific drug offense. The court was supposed to give Mr. Hall a new trial, but they continue to deny his request for over 25 years. The 4th circuit agree that the jury instruction was an “error” and that a “new trial” should be granted, which is stated in their opinion.
4th CIRCUIT OPINION:
US v. Richardson, 233 F. 3d 223 - Court of Appeals, 4th Circuit 2000 at 228. "The instruction constitutes plain error that warrants a new trial. See Fed.R.Crim.P. 52(b); United States v. Olano, 507 U.S. 725, 731-32, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). "[U]nder the standard set forth by the Supreme Court in United States v. Olano, we may only reverse a conviction for plain error if the defendant establishes the following: (1) that an error occurred, (2) that it is plain, and (3) that the error affected his substantial rights. Olano, 507 U.S. at 732, 113 S.Ct. 1770.
The courts moved Wainsworth out of the 4th circuit in Virginia, and moved him across the country to the 9th circuit in California. According to federal law an inmate must reside in the same jurisdiction of the court he is seeking relief from. Wainsworth request to be sent back to the 4th circuit has been denied for several years. Wainsworth is now seeking Clemency.
CLEMENCY AND RE-ENTRY
Wainsworth is well positioned to re-enter society as a productive citizen. He has strong support from family and friends, and the instant ability to generate revenue for his wife and children from the licensing of his musical compositions, which are highly requested by many of the top artist in the music industry. For the past 26 years of his incarceration, Wainsworth has been purposefully engaged in educational activities, vocational skills training, and re-entry programming, which is highly indicative of post-release success.
in January 1998, despite being sentenced to LIFE in prison, Wainsworth, earned his GED. Since then he has earned over 100 plus Program rehabilitation awards, became a Certified Plummer, Electrician, HVAC specialist. and acquired a Culinary Arts Cooking Degree, and obtained his SurSafe license, which means Mr. Hall is qualified to run and operate a kitchen and restaurant.
As a certified suicide companion, Mr. Hall is most proud of saving the lives of many inmates from potentially committing suicide in prison.
Mr. Hall knows he will die in prison if his Clemency request is not Granted. Mr. Hall is asking for your immediate support and that you please sign the petition for his release. 26 years in prison for a non-violent drug offense is in violation of the 8th amendment (cruel and unusual punishment) of the United States Constitution.