Commutation for Martin Sigillito

    DRAFT – CONFIDENTIAL AND SUBJECT TO REVISION
    Before the Office of the Pardon Attorney, U.S. Department of Justice
    In re Martin T. Sigillito, Clemency Case File Number C281368
    Statement in Support of Petition for Commutation of Sentence
    The below signatories respectfully submit this statement in support of the Petition for Commutation of Sentence of Martin T. Sigillito (38590-044), Clemency Case File Number C281368, and state as follows:
    1. The undersigned were classmates of Martin T. Sigillito at St. Louis University High School (“SLUH”) in its graduating Class of 1967, where we knew him. With Marty, we were instructed by Jesuit teachers to be “a man for others,” and advised that qualities of empathy, forgiveness, and hope would serve that goal.
    2. We knew Marty to be an extremely smart and articulate classmate, who excelled in many subjects academically and in oratory. During his time at SLUH, he attended Missouri Boys’ State, where he was elected Governor. At our graduation, he was the valedictorian of our class. We understand that after graduating from St. Louis University and obtaining his law degree from SLU, he taught classics at SLU and was recognized as a gifted teacher. See Various Letters Submitted in Support with Original Petition attached as Exhibit 1 at 3, (Letter from Anthony Daly, S.J.). We further understand that he led religious services as pastor of the Church of St. James. See Exhibit 1 at 5 (Letter from Judith Smith).
    3. We are aware that Marty was convicted of multiple counts of fraud because of his involvement in an organization known as the “British Lending Program” (BLP), which

    we understand was conceived by others. On April 13, 2012, he was sentenced to 40 years’ imprisonment, and his conviction was affirmed by the U.S. Court of Appeals for the Eight Circuit on September 15, 2014. United States v. Sigillito, 759 F.3d 913 (8th Cir. 2014).
    4. We are informed that he has a Petition for Commutation of Sentence that is still pending, and we write to register our support for commutation of his sentence.
    5. We do not here address in detail the commitment offenses, except to note:
    a. they were non-violent;
    b. the risk of recidivism is vanishingly small; and
    c. there is evidence that his 40-year sentence was greatly disproportionate to the significantly shorter sentences given to the two individuals who recruited him into the program. See September 27, 2022 Letter from Beverly Colombo, copy attached as Exhibit 2.
    6. Instead, we will address four issues:
    a. Marty’s age;
    b. Marty’s family support if released from custody;
    c. Marty’s good behavior and assistance to other prisoners while in prison;
    d. Marty’s health issues, some of which would benefit from medical care and therapy that we are informed is not available in prison.
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    7. Age. We are informed that Marty’s incarceration commenced on April 13, 2012 , and has continued uninterrupted since then, for a total time of over ten years and six months so far.
    8. Marty was born on January 21, 1949, so is now 73 years old. Absent commutation or other clemency, he will almost certainly die in prison.
    a. Family support if released. Attached as Exhibit 3 is a letter dated September 27, 2022, supplementing earlier submissions in this file from his daughter Bridget and his sons Sean and Michael. Please also see Sean’s letter dated April 22, 2015, in support of commutation, and the letter from his daughter Gina dated February 12, 2015, which are included with Exhibit 1. Gina has supplemented and update her prior support. See Exhibit 4, Letter from Gina Sigillito dated September 27, 2022.
    b. His ex-wife, Beverly Colombo, initiated the process that has led to this statement, requesting that some of his high school classmates support his petition for commutation. See Exhibit 1 at 6–7 her letter dated February 12, 2015, copy attached hereto as Exhibit 5, as supplemented by her letter dated September 27, 2022, copy attached as noted above.
    c. His mother, Laverne Sigillito, who is elderly and lives in a retirement home, has supported Marty throughout his incarceration. She is in contact with him weekly and has visited him as often as her health will allow.
    9. Marty’s good behavior and assistance to other prisoners while in prison.
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    Consistent with our experience with Marty as a classmate, we have been advised of Marty’s good behavior and assistance to other prisoners while in prison, including leading scripture studies, tutoring inmates in literacy and even in Greek studies, and otherwise. See February 16, 2018, approval of Marty’s proposal to provide such educational activities, copy attached as Exhibit 5, and letters from Ernest Adelman (Ex. 1 at 4) and inmates Israel Davila, Jonathan Deal, Michael Peters, Patrick McDaniel, Michael Langoria, and Terry Allison (Ex. 1 at 21–29) .
    In her letter dated September 27, 2022 (Ex. 2), Beverly Colombo updates those attestations:
    During his time in prison, Martin has been an exemplary inmate and has helped other inmates in many ways. He reads to other inmates, writes letters for them, teaches classes, and provides spiritual and psychological guidance. He has created a theology course for inmates that will prepare them to serve in their churches when they are released. He has continued his religious studies and has been reading and preparing to write several biblical studies books.
    10. Marty’s health issues, some of which would benefit from medical care and therapy that we are informed is of limited availability in prison.
    a. Venous insufficiency. Marty was diagnosed with venous insufficiency on April 15, 2013. See Bureau of Prisons Health Services, Clinical Encounter, Exhibit 6 hereto. We are advised that this condition has persisted, and that it affects him negatively in several ways: shortness of breath; insufficient blood flow to the extremities; swelling in legs and feet; cold hands and feet; reduced dexterity; fatigue; and weakness.
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    Commented [1]: When we circulate this for signatures, ask for written confirmation we can sign on their behalf, and then we can just add their names below.
    b. Covid. We understand that Marty was diagnosed with Covid-19 in January, 2021.
    c. As updated and summarized in the attached Exhibit 2 (September 27, 2022, letter of Beverly Colombo) and documented in Exhibit 6:
    [Marty] has developed several health problems including cardiac insufficiency which affects him very negatively in many ways: shortness of breath; insufficient blood flow to the extremities; swelling in legs, hands and feet; cold hands and feet; extreme difficulty using any kind of touch pad - including email and other touch pads in the prison; and fatigue and weakness. Despite the use of support stockings, his feet and legs are swelling more during lockdowns since he cannot move around much. He also has two hernias and needed surgery to correct those and periodontal disease, which affects his heart and other body systems. Recently he fell and suffered severe injuries including broken ribs, a severely dislocated shoulder, a head injury and other contusions. He is in severe pain and cannot use his right arm. He needs better care and more assistance.
    11. For the above reasons, we submit that Marty has paid a sufficient price and register our support for Marty’s petition for commutation.
    Respectfully submitted, effective _____, 2022. [names and addresses in alphabetical order]
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