Those We Have Lost: Benjamin Smalls

On May 4, 2020, Benjamin Smalls died of COVID-19 in DOCCS custody. He was 74 years old and had been in prison for 20 years. Mr. Smalls died of COVID-19 after he, his family, attorneys, and advocates made several emergency attempts for Governor Cuomo to grant him clemency, and other attempts for the state prison system to grant him medical parole. The requests didn’t even receive a response. Prior to the decline in his health, Mr. Smalls was a mentor to countless incarcerated people and highly respected by both his peers and prison staff. He was lovingly known by many as the “Elder Statesman.” Mr. Smalls was serving a sentence of 31 years to life, meaning that he would not have seen the Parole Board until 11 years after his death, when he would have been 85 years old. Had Elder Parole passed last session, he would have appeared for a chance at release before the Parole Board five years before his death. Based on his low risk to public safety, rehabilitation, and community support, he likely would have been released to live out the remainder of his life with his daughters and grandchildren.