Category Archives: Criminal Law

Progressive prosecutors scored big wins in 2020 elections, boosting a nationwide trend

by Caren Morrison, Georgia State University

Despite the broad political polarization in the United States, the 2020 election confirmed a clear movement across both red and blue America: the gains made by reform-minded prosecutors.

Running on progressive platforms that include ending mass incarceration and addressing police misconduct, candidates defeated traditional “law-and-order” prosecutors across the country.

Elected prosecutors – often called state’s attorneys or district attorneys – represent the people of a particular county in their criminal cases. Their offices work with law enforcement to investigate and try cases, determine which crimes should be prioritized and decide how punitive to be.

After decades of incumbent prosecutors winning reelection based on their high conviction rates or the long sentences they achieved, advocates for criminal justice reform began making inroads into their territory a few years ago. They did so mainly by drawing attention to local races and funding progressive challengers.

Despite criticism during her first term, progressive prosecutor Kim Foxx won reelection as Cook County state’s attorney by a 14-point margin. Scott Olson/Getty Images

 

Birth of a movement

During her 2016 run for state’s attorney for Cook County, Illinois, Kim Foxx vowed to bring more accountability to police shootings and reduce prosecutions for nonviolent crimes.

She won, becoming the first Black woman to serve as state’s attorney in Chicago. It was also the first high-profile sign that this progressive prosecutorial approach was working.

Her victory was followed by the 2017 election of Larry Krasner as district attorney in Philadelphia. Krasner, a former civil rights attorney, had never prosecuted a case when he ran for office – a move that the city’s police union chief called “hilarious.”

But Krasner’s campaign platform – addressing mass incarceration and police misconduct – responded to a city saddled with the highest incarceration rate among large U.S. cities, nearly seven out of every 1,000 citizens. Krasner won with 75% of the vote.

As a criminal procedure professor and a former federal prosecutor, I have watched the desire for reform only grow since then.

Progressive candidates have pledged to transform a criminal justice system that has bloated prisons and disproportionately targeted people of color.

Black Lives Matter protests have also focused attention on how prosecutors make decisions – whom they prosecute and how severely, particularly in police violence cases.

Movement gains steam

Despite criticism of her first term – including her decision to drop the charges against actor Jussie Smollett for faking a hate crime – Foxx won reelection on Nov. 3 by a 14-point margin. It was a sign, according to the Chicago Sun-Times, that Cook County “doesn’t want to go backward on criminal justice reform.”

That sentiment is echoing across the country.

In Orlando, criminal justice reformer Monique Worrell beat a law-and-order “independent conservative” in the race for state attorney.

In Detroit, Karen McDonald won her race for Oakland County prosecutor by promising “common-sense criminal justice reform that utilizes treatment courts and diversion programs, addresses racial disparity, and creates a fair system for all people.”

And in Colorado, Democratic prosecutors flipped two large Colorado districts that had been held for decades by Republicans.

“I think people are starting to realize, ‘Why don’t I know who my DA is?‘” said Gordon McLaughlin, the new district attorney for Colorado’s Eighth Judicial District, who campaigned on alternatives to incarceration for nonviolent offenders. “It’s brought criminal justice into the main conversation.”

Police accountability

One prominent issue on voters’ minds is how prosecutors’ offices choose to handle police violence.

In Los Angeles, George Gascón, a former police officer, ousted Jackie Lacey. Lacey was the target of sustained criticism from BLM activists, who protested in front of her office every Wednesday for three years.

George Gascón, candidate for Los Angeles district attorney, speaks during a drive-in election night watch party at the LA Zoo parking lot on Tuesday, Nov. 3, 2020. Myung J. Chun/Los Angeles Times via Getty Images

They complained that, during her eight years in office, Lacey criminally prosecuted only one of the approximately 600 officer-involved shootings. They added that Lacey, a Black woman, sent 22 people of color to death row.

Gascón vowed to hold police accountable for officer-involved shootings. During the campaign, he pledged to reopen high-profile cases, including two where people were shot for not complying with an officer’s directions.

Mass incarceration and cash bail

Progressive prosecutors are likely to have the most impact by diverting people away from the criminal justice system in the first place.

Many have been motivated by what they see as “the criminalization of poverty” – a phenomenon in which the poor compile criminal records for minor offenses because they cannot afford bail or effective legal counsel.

Alonzo Payne, the new district attorney for San Luis Valley, Colorado, was outraged that poor people were forced to stay in jail because they couldn’t afford to post bond.

“I decided I wanted to bring some human compassion to the DA’s office,” he told the Denver Post.

Reforming the cash bail system and reducing mass incarceration is a goal shared by all of the newly elected prosecutors this election cycle, including Jose Garza, an immigrant rights attorney, in Austin, Texas.

Looking ahead

It seems that progressive policies are here to stay in some of the nation’s largest cities, but reformers didn’t enjoy success everywhere.

Candidates Zack Thomas in Johnson County, Kansas, and Julie Gunnigle in Maricopa County, Arizona, lost their races. And incumbents withstood reformist challengers in Cincinnati, Ohio, and Charleston, South Carolina.

Nonetheless, progressive prosecutors are increasingly winning races – and staying in power – by using the criminal justice system in more equitable ways.

Worrell, in Orlando, is a good example. She ran the Conviction Integrity Unit in the district attorney’s office, investigating innocence claims from convicted defendants.

Her reform message resonated a lot more with voters than the message of her opponent, Jose Torroella, who pledged to be “more old-fashioned” and more “strict.” Worrell won the race with nearly 66% of the votes.

“Criminal justice reform is not something people should be afraid of,” Worrell said. “It means we’re going to be smart on crime, rather than tough on crime.”The Conversation


Republished with permission under license from The Conversation.

Disaster work is often carried out by prisoners – who get paid as little as 14 cents an hour despite dangers

by J. Carlee Purdum, Texas A&M University

Efforts to beat back wildfires ravaging Western states in the U.S. have been hampered this year by depleted numbers of “orange angels” – incarcerated workers deployed as firefighters.

Their lower numbers coincide with the early release for eligible prisoners and the quarantining of others to combat the spread of COVID-19.

The potential impact that having fewer prisoners to draw upon highlights the crucial role that incarcerated workers play in disaster response. While many people are aware that prisoners work to help contain wildfires in California and elsewhere, less well known is the role incarcerated workers play as a labor source across a variety of disasters throughout the country.

As a social scientist, I study the impact of disasters on incarcerated populations. I recently co-authored a study on the role of incarcerated workers in state emergency operations plans – the primary emergency planning documents for state governments. We found that 30 out of the 47 states analyzed, including California, Texas and Florida, had explicit instructions to use prisoners for emergencies and disasters. Furthermore, we identified at least 34 disaster-related tasks that states assign to incarcerated workers. Delaware, New Jersey and Tennessee were not included in our analysis as their plans were not publicly available.

These include work that requires minimal training such as making sandbags, clearing debris, handling supplies and caring for pets for evacuees. But it also includes roles that require specialized training like fighting fires, collecting and disposing contaminated animal carcasses and cleaning up hazardous materials.

Some of these tasks put incarcerated workers at risk of injury or ill health.

Prisoners clearing vegetation to prevent the spread of a wildfire in Yucaipa, California. David McNew/AFP via Getty Images

14 cents an hour

Prison systems have long championed the work of incarcerated persons in emergencies and disasters as a demonstration of the value of prisons to local communities and the state.

State prison systems often have internal policies that guide the use of incarcerated persons to assist with disaster operations. For example, the Alabama Department of Corrections’ administrative regulations dictate that in the event of a disaster, “the major support of the [department] will be manpower” including the use of “inmate labor.”

In addition, state laws across the U.S. often specifically state that incarcerated workers may be assigned to work in disaster conditions.

For example, Georgia allows for incarcerated workers to be required to work in conditions that may jeopardize their health if an emergency threatens the lives of others or of public property. Meanwhile Colorado passed legislation in 1998 that created the Inmate Disaster Relief Program under which the state can “form a labor pool” to “fight forest fires, help with flood relief, and assist in the prevention of or clean up after other natural or man-made disasters.”

As with wildfire programs, incarcerated workers are looked to in times of disaster primarily because they are a low-cost substitution for civilian workers. Incarcerated workers are paid very low wages averaging between US$0.14 and $0.63 an hour. And some states, including Alabama, Arkansas, Florida, Georgia and Texas, don’t pay incarcerated workers at all.

The cost of inmate labor is offset through federal subsidies. FEMA’s public assistance program provides states with “funding for prisoner transportation to the worksite and extraordinary costs of security guards, food and lodging.” This provides a significant financial incentive to use incarcerated workers for disaster labor. After Hurricane Michael in 2018, FEMA awarded the Florida Department of Corrections $311,305 for debris removal.

Forced labor

Not all disaster work is voluntary for incarcerated persons. The 13th Amendment to the U.S. Constitution allows for incarcerated persons to be compelled to participate in labor without their consent as part of their punishment. That applies to disaster work too.

The Constitution’s Eighth Amendment “forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful.” However, in the context of disasters, it is challenging to know whether or not the situation or the environment is truly safe. And little is known about the training prisoners receive.

If incarcerated persons refuse to participate, they may face serious consequences, such as being sent to solitary confinement, the loss of earned time off their sentences or the loss of family visitation.

Deaths of incarcerated firefighters are reported alongside those of civilian firefighters, and there is no way to accurately track the number of prisoners who have died or been injured during disaster-related work. However, there are known examples of fatalities. In 2003, the South Dakota Department of Corrections “Emergency Response Inmate Work Program” was scrutinized after a 22-year-old man, Neil Ambrose, was electrocuted by a downed power line while cleaning up debris after a storm.

Ambrose reportedly expressed prior concerns about the hazardous work but was told he would be charged with “disrupting a work zone” and would be sent to solitary confinement if he did not participate. Later, the correctional officer in charge of Ambrose and those on the work crew was found responsible for his death in that he knew the downed power line was a safety threat. It was also later shown that the only training Ambrose had received was a short video on safely operating chainsaws.

Exploitation and harm

Some advocates for prisoners’ rights have begun drawing attention to the vulnerability of incarcerated workers in disasters. After Hurricane Harvey in 2017, the NAACP Environmental and Climate Justice program published a guidebook called “In the Eye of the Storm” to help communities make disaster response and recovery processes more equitable. The guidebook includes suggestions for how to advocate specifically for worker protections for incarcerated persons. Community members are encouraged to ask about whether the incarcerated workers have received relevant training and adequate protective equipment and if their participation in the work is voluntary.

Incarcerated workers are deeply embedded throughout emergency management in the United States. Yet so much attention remains focused on the most visible and well-known programs, their role – and the potential for exploitation and harm – in many other disasters remains overlooked.The Conversation


Republished with permission under license from The Conversation.

Prosecutors are increasingly – and misleadingly – using rap lyrics as evidence in court

by Erik Nielson, University of Richmond

Rapper Darrell Caldwell, better known to fans as Drakeo the Ruler, was on his way to stardom. Hailed as one of the most original rappers to emerge from Los Angeles in a generation, he had garnered hundreds of thousands of followers on Instagram, tens of millions of views on YouTube and the attention of media outlets like SPIN, The Washington Post and The Los Angeles Times.

Now he’s on trial for his life, and prosecutors are planning to do what they’ve done to hundreds of other accused hip-hop artists: Use his own lyrics as evidence against him.

You wouldn’t think Bob Marley ‘shot the sheriff,’ but rappers are held to a double standard.

 

Because my research centers on African American literary and musical traditions – with a particular emphasis on hip-hop culture – I was asked by the defense to testify as an expert witness in Drakeo’s first trial.

This is work I’m called to do quite regularly. My best guess is that I’ve consulted on over 60 cases in which prosecutors have used rap lyrics or videos as evidence of guilt. In addition, my research with University of Georgia law professor Andrea Dennis has uncovered more than 500 instances in which prosecutors have used this strategy, a number we’re certain is just the tip of the iceberg.

As an expert witness, my job is to correct the prosecutors’ characterizations of rap music. They routinely ignore the fact that rap is a form of artistic expression – with stage names, an emphasis on figurative language and hyperbolic rhetoric – and instead present rap as autobiographical.

In effect, they ask jurors to suspend the distinction between author and narrator, reality and fiction, and to read rap lyrics as literal confessions of guilt.

No other art form is exploited like this in court. And yet it’s an effective strategy precisely because it taps into stereotypes about rap music and the young men of color who are its primary creators.

Lyrics on trial

To recap Drakeo’s legal drama: Last year, he was charged and tried in connection with a shooting at a party that resulted in the death of a 24-year-old man named Davion Gregory.

According to prosecutors, the shooting was botched. Drakeo, they claimed, had ordered the shooter to kill a different person – a musical rival who raps as RJ.

Their evidence was flimsy. RJ wasn’t even at the party, and there’s no evidence he and Drakeo ever had violent confrontations. In fact, RJ has repeatedly said that he doesn’t believe he was ever targeted by Drakeo. One of the district attorney’s own witnesses also said Drakeo didn’t know the shooting was going to happen.

So to bolster their case, prosecutors focused on Drakeo’s music. At one point, for example, they cited a line from his song “Flex Freestyle,” in which he raps, “I’m ridin’ round town with a Tommy gun and a Jag / And you can disregard the yelling, RJ tied up in the back.”

The line was fictional; nobody claims that RJ was ever tied up in the back of Drakeo’s car. Nevertheless, prosecutors wanted the jury to believe that the lyrics were actual reflections of Caldwell’s desire to harm an industry rival.

Despite the prosecution’s efforts to use Drakeo’s music against him, it didn’t work: In July 2019, the jury acquitted Drakeo of most counts, including the multiple counts of murder.

Nonetheless, prosecutors are taking the unusual step of retrying Drakeo on a charge on which the jury deadlocked the first time around: criminal gang conspiracy.

If convicted, he faces life in prison.

He didn’t Doo it

For years, police departments across the country have surveilled and harassed rap artists; even today, they routinely deny these artists access to performance venues, arguing they’re a threat to public safety.

Meanwhile, the use of rap lyrics as evidence has exploded.

In 2014, for instance, San Diego prosecutors charged Brandon Duncan, who raps as Tiny Doo, with criminal gang conspiracy in connection with a series of shootings that took place in San Diego in 2013 and 2014. Nobody argued that Duncan participated in or even knew about the shootings. Nor was he in a gang.

But citing the same law now being used against Drakeo, prosecutors said his violent rap lyrics promoted gang violence – and that Duncan benefited from that violence in the form of enhanced “street cred.” So for crimes that everyone agrees Duncan didn’t commit or know about, prosecutors sought to put him away for 25 years to life. He sat in jail for more than seven months before a judge finally threw out the charges against him. Duncan later filed a lawsuit for wrongful arrest in the case, and just last month he settled with the city of San Diego for over US$700,000.

Duncan was far more fortunate than most young men who have their lyrics weaponized against them in court. The vast majority of the cases we’ve found end in conviction, often with lengthy sentences.

To highlight just a few of the recent cases I’ve testified in: There was Victor Hernandez, sentenced to life in prison for murder in Arizona; Christopher Bassett, sentenced to life plus 35 years for murder in Tennessee; and Ronnie Fuston, sentenced to death for murder in Oklahoma.

The question is not whether these young men committed the crimes they were convicted of. The question is whether they received a fair trial from an unbiased jury. When rap lyrics are introduced as evidence, that becomes highly dubious.

There’s a rhyme and a reason

Introducing rap lyrics can be highly effective for prosecutors because it allows them to draw on stereotypes about young black and Latino men as violent, hypersexual and dangerous. In front of a jury, that can foment prejudice.

Not only have I seen this firsthand, but there is also empirical evidence that reveals just how prejudicial rap lyrics can be. For example, in the late 1990s, psychologist Stuart Fischoff conducted a study to measure the effect of explicit rap lyrics on juries.

Participants were given basic biographical information about a hypothetical 18-year-old black male, but only some were shown a set of his violent, sexually explicit rap lyrics. Those who read the lyrics were significantly more likely to believe the man was capable of committing a murder than those who did not.

In a study conducted by social psychologist Carrie Fried, participants were given a set of violent lyrics without any indication of the artist or musical genre. In reality they were from the 1960 song “Bad Man’s Blunder” by the folk group Kingston Trio. Researchers told one group of participants that the lyrics were from a country song, and told the other group that they came from a rap song. In the end, participants who believed the lyrics came from a rap song were significantly more likely to view them as dangerous, offensive and in need of regulation. It’s worth noting that Fried’s study was replicated in 2016, with similar findings.

These studies – and others – highlight the enduring racial stereotypes that inform people’s perceptions of rap music. They also help explain an obvious double standard at work, one that the Supreme Court of New Jersey laid bare in a 2014 opinion that denounced the use of rap lyrics as evidence:

“One would not presume that Bob Marley, who wrote the well-known song ‘I Shot the Sheriff,’ actually shot a sheriff, or that Edgar Allan Poe buried a man beneath his floorboards, as depicted in his short story ‘The Tell–Tale Heart,’ simply because of their respective artistic endeavors on those subjects. Defendant’s lyrics should receive no different treatment.”

Unfortunately, however, they do receive different treatment, even as rap has emerged as one of the world’s most popular and influential genres.

It has also grown into a multi-billion-dollar industry, one that offers a chance at upward mobility, particularly in communities where such opportunities are desperately hard to come by.

Criminalizing it is cruel, unjust and silences some of the people most in need of a voice.


Republished with permission under license from The Conversation.

Felons Must Carry a Special ID or Go to Jail

Alabama is the only state where people with multiple felony convictions are required to register with law enforcement and carry special ID cards, legal experts say. When felons are caught without them, they can be arrested and fined or jailed.

by Connor Sheets

When a sheriff’s deputy pulled Emmanuel Pullom over on a suburban street near Birmingham, Alabama, the night of Dec. 1, 2018, he suspected that Pullom had stolen the black Ford pickup he was driving.

The deputy handcuffed Pullom, searched the truck and then took him to the Jefferson County Jail in downtown Birmingham, according to the incident report.

But Pullom wasn’t charged with stealing the truck, which he says he had recently purchased from a friend. Instead, he was charged with failing to possess a piece of laminated paper that identified him as a felon.

“The cop said, ‘Where’s your felon card?’” Pullom recalled in an interview last month. “I said, ‘What kind of card?’ He said, ‘If you’ve got three felonies, you’ve got to get a felon card.’”

More than 300 people in Alabama have been charged since 2014 under a little-known, but long-standing state law requiring people with more than two felony convictions to register with their local sheriff’s offices and carry cards identifying them as repeat felons, according to arrest data analyzed by AL.com and ProPublica.

Violations carry the threat of jail time and fines. A man in north Alabama served a one-year sentence for failing to register as a felon and obtain a felon registration card.

While some other states have felon registration requirements, criminal law professors said they believe Alabama is the only one with a law requiring registration cards.

Legal experts say the law is likely unconstitutional and reminiscent of slavery-era restrictions that required black people in many parts of the South to present identification to white people on demand.

“The card is reminiscent of the cards Jews were forced to carry in the ghettos,” John H. Blume, a criminal law professor at Cornell Law School, said via email.

“It will also give police the ability to stop people they know are felons to see if they have their cards and … to avoid things like reasonable suspicion and probable cause.”

The Jefferson County Sheriff’s Office, which arrested Pullom, did not respond to requests for comment.

Mobile County Sheriff Sam Cochran, the top law enforcement official in Alabama’s second-largest county, defended the requirement. He said the charge “gives you a good stepping stone” for jailing someone suspected of other crimes, when there otherwise isn’t enough evidence to make an arrest.

“This guy’s a five-time felon or something,” Cochran said in an interview. “And you say, ‘Hey, where’s your convicted felon thing?’ And he says, ‘Well, I don’t have one.’ You say, ‘Well, hey, bud, I [didn’t] have nothing to arrest you on, but now I do.’”

“‘So now I’m gonna arrest you, now I’m gonna inventory your car and tow it in. And if I found 5 pounds of pot in your car, then you’re gonna be arrested for trafficking marijuana.’”

Fullom’s felon ID card, with certain identifying information blurred out.

Repeat felon Derrick Rhodes has a different take. In 2016, he was arrested in Henry County and charged with failing to possess a felon ID card. Rhodes, 41, pleaded guilty and was sentenced to 10 days of suspended confinement and two years of probation and ordered to pay hundreds of dollars of fees, fines and court costs. He has since obtained a felon registration card that he carries everywhere he goes

“What’s the use of having a card on you when you’re a free man?” he said. “I’m not their prisoner no more.”

“It Shall Be the Duty”

Beginning in the 1930s, jurisdictions across the U.S. instituted so-called criminal registration laws in response to rising concerns about organized crime and other illegal activity.

In 1935, Birmingham became an early adopter of such restrictions when it passed a city ordinance requiring that felons register with law enforcement “upon their arrival in the city,” The New York Times reported at the time.

“Police officials hope that the law will give them an accurate check upon the criminal element. … It also is expected that it will result in an exodus of a great many known criminals.”

Many such laws and ordinances have since been invalidated or repealed, but the federal government and individual states have instituted a series of increasingly restrictive sex offender registry laws since the 1980s. And many states and localities across the U.S. have approved narrower registration laws that apply to people convicted of specific crimes, such as arson, serious drug crimes and gun violence.

Florida, Mississippi and Nevada have felon registration requirements, but they do not require felons to have or carry registration cards, sometimes referred to as “ex-felon cards.” In fact, Nevada law specifically bars such requirements: “The sheriff of a county or the chief of police of a city shall not require a convicted person to carry a registration card.”

In 1966, a special session of the Alabama Legislature approved the Alabama Felon Registration Act, which instituted the statewide felon registration requirements that remain in place today.

Lawmakers passed the legislation “to aid the law enforcement agencies in detecting and preventing and reducing recidivistic behavior,” according to an article about the law published in the 1966-67 edition of the Alabama Law Review.

The law requires that anyone who “resides” in Alabama and “has been convicted more than twice of a felony” anywhere in the U.S. must “register within 24 hours after his arrival in the county” and obtain a registration card from the sheriff’s office.

“It shall be the duty of such person to carry the card with him at all times while he is within the county and to exhibit the same to any officer of a municipality, a county or the state upon request.”

The maximum penalty for failing to obey the felon registration law is 30 days in jail and a $50 fine per day spent in violation, which can add up to lengthy and expensive sentences over time.

From 2014 to 2018, there have been 235 arrests in Alabama on state charges of not having a felon ID card and 53 arrests for the separate charge of failure to register with the local sheriff. Police also made nine arrests of felons who failed to notify the local sheriff of a change of address. Individual law enforcement agencies across the state have reported dozens more arrests on the charges in 2019 and this year.

Of those arrested on the charges between 2014 and 2018, about 61% were white and 38% were black, according to the state data. As of July 2019, the U.S. Census estimated that 69% of Alabama residents were white and 27% were black.

Such arrests are made in large urban counties like Jefferson, Montgomery and Baldwin, as well as in more rural counties like Franklin in Alabama’s northwest corner and Henry in the southeast.

Public records show that some local jurisdictions in Alabama have additional requirements. Arrest reports show that people have been charged in recent years in Alabama towns including Gadsden and Dothan with violating local ordinances requiring felon registration and identification.

A limited number of places outside Alabama, such as Zanesville, Ohio, and the Borough of Berlin, New Jersey, also have felon identification laws or ordinances on their books.

One-Year Sentence

Sometimes people serve serious time for failing to carry their felon IDs.

Quincy Tisdale says that at the time of his arrest in August 2014, he was “the only black man living on Sand Mountain,” a low ridge in north Alabama. “So I stuck out like a sore thumb.” He was also dating a white woman, a fact that he says drew the ire of some white residents of the largely rural area, which has a long history of racial tension.

So the 38-year-old father of three says he was regularly pulled over and searched by Marshall County sheriff’s deputies and local police officers, but they never had cause to arrest him.

One morning a Marshall County sheriff’s deputy stopped Tisdale in his silver Kia sedan as he drove through the small town of Grant and informed him that he had found a reason to lock him up.

“When he pulled me over, he said, ‘Didn’t I tell you I was gonna get your black ass one day?’” Tisdale recalled during a January interview in the living room of the friend’s home in Scottsboro, where he is currently staying.

“He said: ‘I know you don’t got your felon ID card. Come on, get out of the car.’ … When they arrested me that day, that’s the first I heard I had to have a felony card or I’d go to jail.”

Tisdale, who had previous felony convictions for crimes including burglary, theft and assault, was arrested and booked into the Marshall County Jail and charged with failure to register with the sheriff’s office and failure to possess an ex-felon card. It is the only time Tisdale has been arrested in the county, according to state court records. His bond was set at $1,500, court records show.

Tisdale pleaded guilty to the charges in October 2014 and was sentenced to 365 days in the Marshall County Community Corrections work release program — a residential jail alternative in which inmates earn money to pay down fines, fees and restitution by working for contracted companies. Tisdale says that while he was at the work release, he worked long hours deboning and loading chickens at a poultry processing plant.

Quincy Tisdale pleaded guilty to not registering with the sheriff’s office and not carrying a felon ID card. He was sentenced to 365 days in the Marshall County Community Corrections work release program.

In February 2015, after breaking the rules of the community corrections facility and getting into an argument with an employee, Tisdale was moved to the Marshall County Jail, where he served out the remainder of his sentence, court records show. He says that the punishment upended his life.

“When you take me away from my family, and I’m supporting my family, you’re pushing them out onto the streets,” he said.

Marshall County Sheriff Phil Sims, who became sheriff in January 2019, said his office does not “actively” seek out people violating the state’s felon registration and identification law.

“It’s not one of those things where we’re going out banging on doors or I’ve got someone assigned to look for people who haven’t registered,” he said. “It would generally be a secondary charge where there’s some other type of law enforcement contact like a domestic violence call or something.”

But he said that the law serves a valuable purpose, “kind of like the sex offender registry,” and that he would enforce it if his office were notified that someone in Marshall County had failed to register as a felon or obtain a registration card. Neither Sims’ predecessor, J. Scott Walls, who was sheriff at the time of Tisdale’s arrest, nor Walls’ attorney responded to requests for comment.

Tisdale says it’s an indignity to be forced to carry a felon ID card for the rest of his life: “It reminds me I’m a criminal, day in and day out.”

Scarlet Letter

Like each of the criminal law professors interviewed for this story, Pullom said he never knew that Alabama required people with more than two felony convictions to carry registration cards.

He said that he only found out about the requirement when he was arrested for violating it, and that he believes the charge was little more than a pretense to apprehend him.

“Did I have drugs on me? Did I do anything wrong? No,” said Pullom, who has been convicted of several felonies including shooting a gun into an occupied building, drug possession and theft. “They were just trying to come up with something to arrest me for.”

In fact, the arresting deputy wrote in the incident report that the felon ID card charge would allow the sheriff’s office to hold Pullom in jail and “follow up with a property crimes detective … on any other charges.” The felon ID charge was dismissed two months after his arrest and no additional charges were filed.

Lynneice Washington, district attorney for Jefferson County’s Bessemer Division, said that “you’re marking a person” by requiring them to carry a felon registration card. She added that she does not recall having ever heard of felon registration or ID charges being brought in her division, which is a subsection of the county that does not include Adamsville, where Pullom was arrested.

“Just to stop a person because you know them and know their history and to ask them if they have a felon identification card and that’s an automatic charge if they don’t have it, I don’t agree with that,” she said.

In the 1957 case Lambert v. California, the U.S. Supreme Court weighed in on the issue of felon registration. A woman named Virginia Lambert had been found guilty of violating a Los Angeles municipal law that made it “unlawful for ‘any convicted person’ to be or remain in Los Angeles for a period of more than five days without registering.” The conviction was upheld on appeal.

But the U.S. Supreme Court reversed the California ruling. The majority wrote that Lambert’s constitutional right to due process had been violated because she most likely had no “actual knowledge” that not registering as a felon was a crime.

“So the question would be whether Alabama has done a better job giving notice to someone that they need to register and/or get the ID card,” Rachel E. Barkow, a law professor and faculty director of the Center on the Administration of Criminal Law at New York University School of Law, said via email.

The piecemeal enforcement of Alabama’s felon registration and identification law also raises concerns, according to Alvin Bragg, a visiting law professor at New York Law School and co-director of the school’s Racial Justice Project.

Two-thirds of the state’s 67 counties saw no such charges brought between 2014 and 2018.

“Ultimately every law has got to be rational and not arbitrary and that’s the standard of review,” Bragg said. “I think this comes perilously close to being irrational and excessively arbitrary.”

Michele Deitch, senior lecturer at the University of Texas at Austin’s School of Law and Lyndon B. Johnson School of Public Affairs, said it would be difficult to argue that a year in jail is not a disproportionately harsh punishment for failing to carry a felon ID card.

“It would be challenged as an 8th Amendment violation,” she said. “It’s disproportionate to the underlying offense. And cruel and unusual — is there another locality that would sentence you to a year for that? Probably not. So that’s pretty unusual.”

Moving Violation

Sometimes simply failing to change an address can land a person behind bars.

That’s what happened to Michael Kelsay, who has been on law enforcement’s radar in Baldwin County for years. The father of three says that he sold his pickup this winter because he was tired of being pulled over nearly every time he left his trailer park.

A self-described former drug addict and petty criminal, he has a rap sheet spanning two decades, during which time he has been convicted of crimes including drug possession, negotiating a worthless instrument and receiving stolen property. The 39-year-old has also been arrested on two separate occasions for crimes related to felon registration.

Michael Kelsay was twice arrested and charged with failing to register a change of address on his felon registration card. At the time of the first arrest, he was temporarily living at his mother’s house, 3 miles away from the address on his card.

The first arrest took place one morning in August 2014, when Baldwin County sheriff’s deputies banged on the door at Kelsay’s mother’s house looking for him. When he came to the door, he says they informed him they had heard he was the last person seen with a criminal suspect they were trying to find.

After searching the area and determining the suspect was not there, Kelsay says one of the deputies ran his name through an electronic system, saw he was a repeat felon and asked him for his felon identification card.

“I show it to him. I’m like, ‘Boom, got it.’ They’re just grasping at straws, I feel like. Like, I’m good now,” Kelsay said during an interview in his kitchen last month.

“And then he hit me with, ‘Well, you don’t live at this address anymore,’ because I told him I was staying at my mom’s. I didn’t see the trap coming.”

Kelsay was arrested and charged with failing “to register, within 24 hours, his/her change of address or place of residence with the sheriff of Baldwin County,” according to court records. He says he was temporarily living at his mother’s house, 3 miles down the same road in Bay Minette from the address listed on his felon ID card.

Kelsay posted $5,000 bond and was released from jail three days after the arrest.

He was arrested a second time a month later and charged with failing to possess a felon registration card — he said the sheriff’s office had seized his card at the time of the first arrest because the address was incorrect and he had not replaced it — and again failing to notify the sheriff’s office that he had changed addresses. He pleaded guilty to the three charges that resulted from the two arrests and was sentenced to concurrent sentences of 30 days in jail and ordered to pay three $50 fines.

Anthony Lowery, chief deputy of the Baldwin County Sheriff’s Office, defended the arrests.

“He was knowingly, willingly violating the law,” he said. “Obviously anytime you have a known convicted felon — like in this case Mr. Kelsay has been convicted multiple times of different crimes — [felon registration] does help. It’s a tool to protect the public.”

Lowery added that the Baldwin County Sheriff’s Office pursues people who break the state’s felon registration law:

“If you’re asking if we’re just going out searching for these people, on occasion yes. … We’re charged with enforcing the law and if you’re a felon and you’re required to register and you’re violating the law then we’re going to enforce that.”

What sticks with Kelsay to this day is the idea that he was arrested because the law forever puts him in a separate category.

“I was flabbergasted by it. I couldn’t believe they took me to jail for that,” he said. “That’s what really bothers me about it is I feel like they charged me with that because they wanted me to go to jail.”


Republished with permission under license from Propublica.

 

 

Librarians could be jailed and fined under a proposed Missouri censorship law

Nicole Cooke, University of South Carolina

A bill pending in Missouri’s legislature takes aim at libraries and librarians who are making “age-inappropriate sexual material” available to children.

The measure, championed by Ben Baker, a Republican lawmaker, calls for establishing review boards who would determine whether materials in libraries contain or promote “nudity, sexuality, sexual conduct, sexual excitement, or sadomasochistic abuse.” In addition, the boards, which would be comprised of parents, would root out materials lacking “serious literary, artistic, political, or scientific value.”

Librarians who defy the review boards by buying and lending such materials would be subject to misdemeanor charges, fines upward of US$500, and a potential jail sentence up to one year.

As a librarian, and now as an educator who teaches aspiring librarians, I see this bill as the latest chapter in a long history of books being banned from public and school libraries.

A sign of the times. 

Censorship and book banning

Often, efforts to censor and muzzle libraries originate with members of the public rather than public officials or school leaders.

Censoring and banning library materials and programs is nothing new. Many classic books have been challenged and banned, including classroom favorites like “1984” by George Orwell, “The Catcher in the Rye” by J. D. Salinger, “To Kill a Mockingbird” by Harper Lee, “The Color Purple” by Alice Walker, and “I Know Why the Caged Bird Sings” by Maya Angelou.

The children’s book “And Tango Makes Three,” by Justin Richardson and Peter Parnell and illustrated by Henry Cole, was challenged and banned from libraries around the country for many years after its publication in 2005. The picture book is based on a true story of two male penguins in New York City’s Central Park Zoo who adopt and care for an egg and then keep caring for their daughter, Tango, after she hatched.

J.K. Rowling’s Harry Potter series is also regularly challenged and banned.

Separately, opponents of the storytime program known as “Drag Queen Story Hour” at libraries and other community venues, have held protests to ban and condemn such events aimed at children. The objections voiced by protesters stem from their belief that drag performers are evil and amoral and that exposure to drag queens will, in their view, cause children to become gay.

The Missouri bill is not the first of its kind. State lawmakers in Colorado and Maine both tried to pass similar legislation in 2019. Both efforts failed.

The drag queens who read to kids in libraries are attracting protesters. 

A profession

American Library Association’s Office of Intellectual Freedom, the Missouri Library Association, and PEN America – a nonprofit that defends free expression – are among the literary and library groups that have voiced their objections.

Many of the drag queens who read to kids are planning a protest against the measure on March 7. Baker has said his concerns about these readings were a factor in inspiring him to draft the bill.

Librarians are professionals. Librarians working in K-12 school libraries also earn certification as school library media specialists. Librarians have expertise in children’s literature, collection development, child development, psychology, readers’ advisory, reference services and other specialized skills needed to serve children and young adults in a variety of settings.

In short, librarians are more than capable of selecting and purchasing quality books and other materials for people of all ages.

To imply otherwise, as I believe the proposed Missouri measure would, is to insult these skilled educators. If it should be enacted, I would consider it a potential threat to information access, intellectual freedom and the freedom to read.


Republished with permission under license from The Conversation.

Black and white bail judges show bias against black defendants

By Denise-Marie Ordway

study of bail judges in the Miami and Philadelphia areas suggests that both black and white judges show bias against black defendants.

The study, in The Quarterly Journal of Economics, finds that black defendants are 2.4 percentage points more likely than white defendants to be detained while they await their court hearings. The average bail for black defendants is $7,281 higher than for white defendants.

It appears that bail judges rely on racial stereotypes to predict which defendants will commit another crime if released, the researchers explain. In reality, some white defendants are much more likely than black defendants to get arrested again after their release, the team’s analysis suggests.

“We find suggestive evidence that this racial bias is driven by bail judges relying on inaccurate stereotypes that exaggerate the relative danger of releasing black defendants,” write the authors of the paper, David Arnold and Will Dobbie of Princeton University and Crystal S. Yang of Harvard Law School.

Generally speaking, after an arrest, defendants who seem less risky are released on their own recognizance, meaning they are free to go after promising to appear in court for upcoming proceedings, or they are released if they meet certain conditions such as paying a bail amount or posting a bail bond to guarantee their presence in court. Some defendants are not released because they cannot meet bail.

For the study, researchers examined 162,836 court cases representing 93,914 defendants in Philadelphia County from 2010 to 2014 as well as 93,417 cases from 65,944 defendants in Miami-Dade County between 2006 and 2014.

The findings are consistent with another study published in 2018 that uses machine learning techniques to show that bail judges make mistakes in predicting what a defendant would do if released. That study indicates judges make significant prediction errors for defendants of all races.

Some other key findings of this study include:

  • Racial bias is higher among bail judges in Miami-Dade than in Philadelphia.
  • Racial bias is higher among inexperienced judges and part-time bail judges. Experienced judges are better at predicting defendant behavior. The scholars find that judges in Miami who are considered to be experienced have 9.5 years of experience working in the bail system, on average. Miami judges considered to be inexperienced have an average of 2.5 years of experience.
  • “If racially biased prediction errors among inexperienced judges are an important driver of black-white disparities in pretrial detention, providing judges with increased opportunities for training or on-the-job feedback could play an important role in decreasing racial disparities in the criminal justice system,” the researchers write. “Our findings also suggest that providing judges with data-based risk assessments may also help decrease unwarranted racial disparities.”

Looking for more research on criminal courts? Check out our write-ups on criminal restitutionearly release for good behavior and how defendants’ education levels could impact sentencing decisions.


Republished with permission under license from Journalist's Resources.

Violence is a symptom of oppression and poverty

By Randall Hill

"Your children ain't violent because they black" … "what are you putting in my malt liquor white boy? … "malt liquor is sold by white companies but only sold in black neighborhoods and you ain't checked it to see what's in it!" – Dick Gregory, 2008 State of the Black Union 

The violence including murders happening in the City of St. Louis is a symptom of decades of intentional oppression, poverty, and exclusion. The violence in St. Louis is concentrated mostly in low income, black neighborhoods, 40% of black households in St. Louis are living in poverty. Those neighborhoods became low income because resources and opportunities were removed.

We need to stop trying to treat the symptom (violence) rather than finding a cure to the causes of the disease. As long as the disease festers in our community, the symptoms will keep multiplying and infecting other communities. Victims of poverty, children who are missing basic necessities and who struggle with poor healthcare or nutrition are more likely to encounter or engage in violence.

When you're black and poor in St. Louis, your opportunities to escape poverty are sabotaged. Schools in black neighborhoods are designed to make kids fail by providing substandard education, eliminating trade programs such as carpentry, defunding enrichment programs like art and music, non-existent honors program and criminalizing normal childhood behavior. Just last month, a court ruled that it was reasonable to handcuff a black 7-year-old hearing-impaired child for crying because he was being taunted by a group of boys.

Young black men are profiled and targeted as gun-toting drug dealers, although white people are more likely to deal drugs. Black people who do end up selling drugs, often do so because they become desperate and don't see any other option. Most people would never choose behaviors resulting in prison or death if they had other options. Harsh punishment breeds resentment which can lead to violence, we need to focus more on treatment and education.

Nearly four years ago, we published an article titled, "Crime Won't Decrease Until Oppression Decreases". That year, St. Louis had the highest murder rate in the country and not much has changed, except the increasing number of young children dying. Our communities are under attack and our primary response is to hold vigils and rallies. It's time to stop begging for change and start demanding change with direct action!

"Protest minus disruption or violence equal failure".  We need to disrupt the systems that benefit from our oppression and destruction. The law is the primary means by which our community is oppressed but very few black people understand how to perform legal research and use that research to benefit them. Unscrupulous businesses, slum landlords, shady creditors, and even corrupt municipalities weaponize ignorance to enrich themselves. 

Bail bondsmen, private prisonsdigital jail devices, companies that contract for cheap prison labor, thousands of vendors that cater to correction facilities, and non-profit organizations including those that are poverty pimps would all lose income and funding if major reductions in prison populations occur. 

There are 6.7 million people under correctional control including 2.3 million people behind bars. The criminal justice industry employees roughly 3 million people. For every two people under correctional control, a person in the criminal justice system is employed. Our freedom equals unemployment for others, see the articles, "What happens to a prison town after it's prison closes?" and "Kit Carson prison in Burlington to close; 142 jobs lost".

Question everything, especially mass media and even things you've believed to be true your entire life. We've been fed a diet of half-truths and lies all our lives. During the 1980s and 1990s, people bought into the lies about crack and addicts were criminals that should be locked up. Now that white people are increasingly becoming addicted to drugs, its a national health crisis and suddenly the error of criminalizing addicts became clear. 

City Government & Police

Now some are calling for more police and the criminalization of gun possession, the end result would be more black people criminally charged for behaviors considered a constitutional right for everyone else. Mayor Lyda Krewson stated St. Louis should be allowed to issue concealed weapons permits.

Where there are no guns, there are no gun deaths. Let me be clear, I am not pro-guns at any cost. If it was possible, I could even be in favor of an absolute gun ban for everyone. However, I believe it would be almost impossible to repeal the second amendment. With that said, I would never support restricting the rights of only a particular group of people. 

In Missouri, it is your constitutional right to bear arms including a concealed weapon. Any attempt to deprive the citizens of St. Louis of that right is unconstitutional. The vast majority of people committing violent crimes in St. Louis are criminals using illegally obtained guns. Requiring gun permits in the city would create barriers to law-abiding poor (mostly black) residents from being able to afford the permit fees. As Tupac stated, people living in the most dangerous areas need weapons the most.  

Recently, Mayor Krewson said she wants to relax the residency rule to hire police officers. The result of that policy would be more racist white officers policing a population they don't understand in a community they have no ties to. Racist cops and a previously racist prosecutor unfairly targeted and criminalized black men especially youth. Some were forced to accept plea deals rather than spend months in jail awaiting a trial. Atlanta’s population is about 54 percent African-American and 38 percent white. Its police force is 58 percent African-American and 38 percent white and Atlanta pays officers roughly the same as St. Louis City. Atlanta doesn't seem to have a problem recruiting and retaining black police officers, so why does St. Louis? Racism may not be the only reason, but it is among the reasons. 

It's generally understood that police exist to keep order. What's not understood is that order is white supremacist patriarchy. – Zellieimani (Twitter 10-9-2014)

The year following Zellieimani's tweet, a leaked memo revealed that 12 white police officers on a specialized narcotics team in Dothan, Alabama, planted drugs and guns on over 1,000 innocent young Black men. All of the officers reportedly were members of a Neoconfederate organization that the Southern Poverty Law Center labels "racial extremists".  Cobb County, GA police Lt. Greg Abbott, stated, "But you're not black. Remember? We only kill black people,"  to a white woman afraid to move her hands during a traffic stop. 

St. Louis Police Department has a long reputation for being a racist organization. Most recently an investigation of racist Facebook posts resulted in 22 St. Louis City police officers being barred from bringing cases to the prosecutor. How many innocent young Black men did those 22 St. Louis police officers plant drugs and guns on? 

Mayor Krewson if you want more black police officers, partner with St. Louis Public Schools and bring back the officer friendly program; encourage officers to go into predominately black schools to remove the fear of encounters and to spark interest in careers in law enforcement. How about creating a junior police academy program, similar to ROTC, to get high school students interested in law enforcement. Create an apprenticeship program where kids from high crime areas can apprentice in police offices during the summers before their junior and senior years. They could help in call centers, data entry, general office tasks, social media, and other functions where they become more familiar and comfortable with the idea of law enforcement as a career. Find out how other cities such as Atlanta recruit and retain black officers and at the same time develop methods to weed out racist and abusive officers.

Cure Violence

The City has announced plans to implement Cure Violence, a program created by Gary Slutkin, a white doctor in Chicago. I'm not sure giving $8.5 million to a white savior is the best way to go, the staff members with decision-making power appear to be all white. Cure Violence began as the Chicago Project for Violence Prevention in 1995 and implemented its first program, known as CeaseFire, in 2000, but Chicago aka Chiraq does not have the best reputation in regards to violence.

We already have plenty of non-profit organizations in St. Louis, why not fund and utilize existing programs; Cure Violence doesn't seem much different from the efforts of Better Family Life. Another underfunded organization doing great work helping at youth risk is the Demetrius Johnson Foundation. 

Opportunity is the best cure for violence that occurs in the City of St. Louis!

How about encouraging partnership between organizations. Instead of wasting millions of dollars with developers like Paul McKee, funnel funds to joint program between St. Louis YouthBuild and North Grand Neighborhood Services (NGNS). This would provide construction job training to at-risk youth while at the same time restoring St. Louis' housing stock and providing affordable housing.

Why not call a non-profit summit a sort of meet and greet where St. Louis Government and non-profits can get together and figure out how they can partner to solve issues. There are plenty of underfunded grassroots organizations already in target neighborhoods doing quality work and could do wonders with additional funding. 

Solutions

Solutions to the problems facing the black community will require individual and collective sacrifice. Solutions will require time, effort, creativity, and money.

Beware of Strangers Bearing Gifts

What seems like an act of goodwill may mask a hidden destructive or hostile agenda. In order to find effective solutions, we must first realize that what might look like a solution could actually be a trap. There are some who disguise themselves as friends but have declared war on black people and "all warfare is based on deception".

Margaret Sanger, the founder of what today is Planned Parenthood, was a racist eugenicist who wanted to exterminate the black population thru birth control. Under the pretense of better health and family planning, Sanger deceived and convinced some of the most prominent black doctors and well educated black clergy members into supporting her scheme. The black elites were so concerned with economic empowerment and garnering the respect of whites, that they jeopardized the very survival of Black people in America.

It seems to me from my experience … that while the colored Negroes have great respect for white doctors they can get closer to their own members and more or less lay their cards on the table which means their ignorance, superstitions and doubts.

We should hire three or four colored ministers, preferably with social-service backgrounds, and with engaging personalities. The most successful educational approach to the Negro is through a religious appeal.

We don’t want the word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members. – Margaret Sanger: 1939 Letter to Dr. Clarence Gamble

The Civil Rights movement reached its peak with the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The vicious racists who killed Emmett Till, bombed churches, sicked dogs and sprayed hoses didn't just suddenly disappear, they simply faded into the background. Ku Klux Klan members traded their sheets and hoods for police uniforms, judge robes, the suits of politicians and prosecutors. Since overt discrimination had been outlawed, they implemented a tactic of covert racism.

Racist politicians created policies that sabotaged President Johnson's Great Society legislation including the  Economic Opportunity Act of 1964, Food Stamp Act of 1964, Elementary and Secondary Education Act of 1965. Programs created during Johnson's administration were implemented in ways that wreaked destruction on the black community. Listen to Dr. Umar Johnson's discussion about how the black community has been under attack since 1970.

Between 1934 thru 1962, St. Louis' murder rate was usually between 6-13 per 100,000 people. After 1963 it begins to rise and then rises further during Nixon's "War on Black People", then again during Reagan's first term and then peaked during the crack epidemic. Chicago experienced a similar trend, 1974 was Chicago's deadliest year with 970 homicides, we checked because Cure Violence originated there.

More recently, three-strike laws, mandatory minimum sentencing, truth in sentencing laws, harsher punishment for certain drugs so-called solutions promoted to reduce crime resulted in mass incarceration and destroyed generations within the black and brown communities. Desperation to reduce gun violence appears to be setting the stage for gun possession to become the new mass incarceration tool.

Others Don't Care

Although oppressive discriminatory practices by others are directly and indirectly responsible for many of the issues plaguing the black community, most people outside our community don't care.

How often do you think about those 2.8 billion people on the planet who struggle to survive on less than $2 a day, and more than one billion people who lack reasonable access to safe drinking water?

Do you ever think about how many of those people's are forced to work in dangerous conditions so that you can purchase cheap products at Wal-Mart and DollarTree?

Probably not, because you're too busy concentrating on your problems. That's how other people feel about our problems, they don't care. Dave Chappelle expressed this sentiment during his NetFlix special, "Sticks and Stones" while talking about the opioid and heroin crisis.

Regardless who caused our problems, we better work at fixing them, because others don't care enough to fix them for us.

Support Our Champions

A person who truly fights or argues for a cause or on behalf of someone else is a champion. Champions are rare, so when you have one, it behooves you to vigorously support them. Kimberly Gardner has become an unexpectant champion. I've never met Kimberly Gardner, but I did vote for her.

In December 2016, prior to Ms. Gardner's swearing-in ceremony, I stated in a post, "if Ms. Gardner proves to be a fair prosecutor, there will certainly be those that will attempt to distort her statements, vilify her actions and generally discredit her. There is a private prison system that stands to lose millions of dollars under a non-oppressive system".

Kimberly. Gardner has exceeded my wildest expectations, shown tremendous courage, and has gained my utmost respect. She's actually trying to fight the disease. She's created a list of officers who she won't accept cases from including 22 officers for racist Facebook post. Ms. Gardner has removed or reduced amounts of cash bond for minor, nonviolent offenses. She is also expanding diversion and drug court programs and ending prosecutions of low-level marijuana possession cases.

Two white prosecutors who served under Gardner's predecessor, Jennifer Joyce, conspired with white police officers to cover up a police beating of a handcuffed suspect, recently lost their law licenses because of their crimes committed while prosecutors.

The white St. Louis Police Officers' Association, has called for Gardner's resignation. Jeffrey Roorda, the association's spokesperson was fired from the Arnold, MO police department for making false statements and filing false reports.

 

It's not surprising that a police association with a racist history would target the City's first black prosecutor, especially since she is holding police accountable for their unethical and illegal actions. The Ethical Society of Police, founded by African American Police Officers was created to address race-based discrimination within the community and the St. Louis Metropolitan Police Department.

As long as Ms. Gardner continues to champion our rights and act as a buffer between police abuses, we need to provide as much support as we can provide to her and others who similarly act on our behalf.

Withdraw Support from Betrayers

I felt betrayed after the democratic mayoral primary. Of the four major black candidates, I had previously voted for three. Antonio French was the only candidate I hadn't voted for because I did not live in his ward, but my parents did. As I mentioned in "Black Ego lost the St. Louis Mayoral Race", "How is it possible that three intelligent, seasoned politicians didn't understand they would split the black vote so severely that none of them would win?" 

When I see all the obstacles Kimberly Gardner is facing, I often wonder how things might have been different if she had a black mayor to work with. Remember, much of her opposition is coming from the police who are under the mayor's chain of command. I also wonder if the violence might have been reduced and some of those children's lives spared if things had worked out differently.

I've lived in the city for nearly 40 years and moved shortly after the last election. However, if still a city resident, I would not vote for any of the candidates who couldn't work together to ensure a black power structure in St. Louis City.

Different Ideas

We must respect different ideas. No one idea or solution will solve all our issues and problems. Just because your idea is different from mine doesn't make yours wrong. We need to work more closely together on the things were agree rather than fighting over what we disagree. Disagreement slows progress. "United we stand, divided we fall".

Washington vs Du Bois

Booker T. Washington (1856-1915) the most influential black leader of his time preached a philosophy of self-help, racial solidarity and accommodation. He urged blacks to accept discrimination for the time being and concentrate on elevating themselves through hard work and material prosperity thru education in the crafts, industrial and farming skills. 

W.E.B. Du Bois (1868–1963) a founding member of the NAACP,  advocated political action and a civil rights agenda. He believed that developing a group of college-educated blacks, 10% of the black population “the Talented Tenth” would provide direction and leadership for the other 90% to change their social and economic status. Although Du Bois early on agreed with Washington’s strategy, later he decided it would serve only to perpetuate white oppression, which he expressed in his book, "The Souls of Black Folk".

The Washington/Du Bois dispute divided African-American leaders into two camps; Washington's accommodationist philosophy or Du Bois philosophy of agitation and protest for civil rights. Washington was born a slave, didn't know who his father was, was raised in the south and taught himself to read. Du Bois was born three years after the Civil War, was raised in Great Barrington, MA, a relatively tolerant and integrated community of 4,000 with only about 50 blacks. With encouragement from his teachers, Du Bois was the first black student to graduate from his high school.

Washington's and Du Bois' circumstances and upbringing were polar opposites, so naturally, because of their vastly different experience, their perspectives were different, so they had different ideas and solutions. We needed both Washington's practical approach for the masses of black people especially in the South and Du Bois approach of developing educated leadership. Those two giants might have achieved so much more working together instead of working against each other. 

King vs Malcolm X

Half a century later, Dr. Martin Luther King Jr. and Malcolm X would also split black leadership into two camps. Again, we have two men with vastly different backgrounds. King was the descendant of prominent ministers went to college earned a Ph.D. and became a minister himself. Malcolm X's father was murder and he became a foster child after his mother was hospitalized with mental issues, he later engaged in drug dealing, gambling,  racketeering, robbery, and pimping and went to prison where he became enlightened by another inmate. Dr. King's non-violent integration movement and Malcolm X's any means necessary racial separatism philosophy were both valid strategies. Unfortunately, they both denounced the other's strategy.

There are roughly 44 million Black people in the United States and we all face some form of discrimination. Forty-six percent of us are in poverty, the working poor or the working class earning $35,000 or less; 40% are in the middle class earning between $35-100K, the upper 14% includes the upper middle class and wealthy. Poverty by itself does not necessarily result in violence, the majority of poor people are non-violent. Poverty coupled with discrimination, oppression and poverty being criminalized, people become desperate and or hopeless. Those at the bottom face the most number of barriers and experience the worst oppression. 

"The most dangerous creation of any society is the man who has nothing to lose." – James Baldwin

Non-violence vs Violence

According to the latest 2018 U.S. Census figures, there are 46,919,000 African-American with a per capita income of $23,993 generating total income of $1,125,727,567,000. In 1934, W.E.B. Du Bois spoke of, "A Negro Nation Within a Nation". If African-Americans were a country, we'd have the 17th largest economy by GDP in the world between Indonesia and the Netherlands.

Countries have diplomats and soldiers working together employing both peaceful tactics and force when necessary. There's no reason a movement can't utilize different tactics at the same time to arrive at a common goal. Near the end of their lives, both Malcolm X and King slightly adjusted their philosophies. A year before his death, King stated, "My Dream Has Turned Into a Nightmare". Like Washington and Du Bois, King and Malcolm X might have achieved more working with one another.

Groups such as the National African American Gun Association (NAAGA) are increasingly aware of the need for self-defense and may one day be positioned as a deterrent against violence from outside groups. Organized armed groups of black men might even organize into neighborhood patrols.

Violence isn't always physical, sometime we must inflict economic violence to achieve our goals. Imagine what would happen if a large percentage of black people boycotted Christmas to protest a particular issue or form of oppression. Affected retailers and manufacturers might be motivated to speak out or intervene. If corporations can speak up for LGBT bathroom rights, the companies we spend our dollars with should speak up for us as well.

Education

Even though the St. Louis area is home to SLU, Wash. U, Harris-Stowe, UMSL, Fontbonne, SLCC, Ranken and a number of other colleges and universities, the quality of education in the City of St. Louis has been horrible for decades and no one can seem to come up with solutions.

Washington University has a $7.5 billion endowment, St. Louis University's endowment is $1.3 billion. Wouldn't it be great if those and other institutions funded grants or scholarships to St. Louis Public School students who commit to teaching in the district for a minimum number of years. Those teachers would then be able to better relate and understand the challenges of their students because they were those students.

But it probably won't happen. There are many smart people at Wash. U. and SLU, if they wanted to help, they probably would have done something before now.

Wash. U. and SLU both have law schools. Certainly they've known for decades about abuses occurring in St. Louis area courts. After just a few visits to courtrooms, I saw the abuses instantly, that's why I created this self-help legal information site by myself. Those law schools could have easily provided meaningful online self-help legal information decades ago. 

Maybe the city could partner with Ranken to offer technical education to students who commit to a revitalization program where their skill would be used to help repair the houses of elderly and disabled residents. Instead of burdening poor residents with housing violation fines and court fees, maybe they could be referred to the revitalization program for low-cost repairs and repayment arrangements.

Independently educate yourself and your children. Supplement your child's education with additional material, especially if they attend public schools; "how can you expect powerful people to give you the training, give you the education to take their power away from them".

Check out our "Free Money for College" page to find funding for your child or yourself, there's no age limit. 

Individual Efforts

What can you do individually to make things better? 

  • Educate yourself thru self-study by using public libraries, the Internet and other resources to develop new skills so you can develop sources of income outside of your job. This is how businesses are created which leads to the employment of others. 
  • Where you spend your money is where your create jobs. Patronize businesses in your own neighborhood which supports job creation.
  • Before you stop patronizing a business in your neighborhood, talk to or write the owner and express the reasons why you are dissatisfied with their product or service so they might improve.  
  • Black business owners, understand decades of negative imagery and stereotypes put black businesses at a disadvantage, even among our own. Most of us are familiar with the saying "black people have to work twice as hard to get half as much". Your business has to price its products and service competitively, you must treat your customer with respect, you must invest profits back into your business and constantly improve.   
  • Share your knowledge with others. Not everyone knows what you do. Sometimes the difference between someone failing and succeeding is the proper knowledge. Think about the knowledge and advice that was passed along to you and how helpful a particular piece of advice was. Give that gift of knowledge to someone else, it could quite literally save someone's life.
  • Provide a home to child thru foster care or adoption.
  • Volunteer or donate to an organization trying to make a difference in St. Louis.
  • Ask your church or any organization you donate money to explain exactly how they use your donated money. 
  • Reach out and get to know your neighbors. Join or start a neighborhood watch or association. 
  • Stand up for your individual rights no matter how small. Rights and privileges are seldom taken away swiftly; they are usually taken away slowly almost unnoticed until one day they are gone 

Dr. Kwaw Imana, Class of 2000 at Morehouse College, delivered a powerful Valedictorian speech where he rejected a Rhodes Scholarship, the oldest and most prestigious scholarship in the world, because of Cecil Rhodes racist history. Imana compared it to a person of Jewish descent being offered a Hitler scholarship and challenged his fellow graduates to create businesses and institutions in black communities.   

Churches and Organizations

Black churches, organizations and community members could partner together form a non-profit corporation to act as a central clearinghouse for resources. Black organizations and institutions compete against each other for government grant funding. Competing for that funding drains resources and once secured, yearly audits are required to show how funds were spent. Pooling the resources of multiple organization under the umbrella of a single entity would be more efficient and those resources could become much more effective.

"the educated Negro does not understand or is unwilling to start small enterprises which make the larger ones possible." – Carter G. Woodson, The Mis-Education of the Negro 1933

As we mentioned during a reparations post, Black churches take in an estimated $12-13 billion per year, which is greater than the GDP of dozens of entire nations. How much of those funds are being spent to benefit the community in which you live? If a fraction of church donations were pooled together think about the endless possibilities: schools, homeless shelters, urgent care clinics, hospitals, business incubators, convention venues and more. Consider how the Catholic church builds schools, hospitals, senior housing, and nursing homes all under the Catholic Charities Umbrella.    

The Betrayal of the Black Elite

Drugs

We have declared drug use to be a health crisis, so we need to decriminalize possession of small amounts of drugs, otherwise, we are declaring drug addiction is a crime. In the United States, drugs became illegal in the early 1900s due to racism and drug enforcement tends to highly disproportionately affect minorities.

Many other countries including Spain, Italy, Germany, and Mexico have already decriminalized small amounts of drug possession. Canada is treating opioid addiction with prescription-grade heroin. In August 2009, Argentina’s supreme court declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use – "adults should be free to make lifestyle decisions without the intervention of the state".

Decriminalizing drugs would reduce many of the criminal justice encounters that create conditions which result in violence. It will also free police officers to concentrate on other crimes.

Conclusion

Violence always indicates that something else is wrong. Treating violence as a symptom of a disease is a step in the right direction. As long as the disease goes untreated, all of us including our children are in danger of becoming victims. 

A handful of people participated in the civil rights movement that provided new rights to everyone and protected denied rights to oppressed people. Had more people participated greater achievements might have been made.

What will you do? If your plan is to let others tackle this problem, then it will never be solved. If you can identify just one person who needs help and then assist them, you can change the world!

Killed while Black at the St. Louis Galleria – Gun Law Analysis

By Randall Hill

Terry Tillman, a 23-year-old black man, who was shopping at the Galleria Mall was killed by a Richmond Heights Police after receiving a call about a man carrying a concealed firearm.

I have two sons who are 20 and 26 years old. Mr. Tillman could just as easily be one of my sons if they decide to exercise their constitutional right to carry a concealed weapon. I want my sons to have the ability to exercise their rights without the fear of being executed. They are both law-abiding citizens who shouldn't be considered criminals because they happen to be black. A gun provides some protection against violent criminals, but when black people encounter criminal, fearful or racist police officers there is little to no defense. 

White men aren't targeted with suspicion when they exercise their gun rights even though mass shooters who target random victims are more likely to white men. 

Legal behavior

The Galleria Mall has signs posted restricting guns, however, as we mention on our "Gun Law in Missouri" page, carrying a gun inside the Galleria was not illegal. A person who carries a concealed weapon onto restricted property and refuses to leave when asked may be removed from the premises by law enforcement officers and fined, as provided in Section 571.107 RSMo, but not charged with a crime unless an additional illegal act is committed on the private property.

Reports say that Mr. Tillman ran when asked about the gun, but running is not a crime. On June 5, 2019, a Federal Appeals Court ruled police who got a tip that a black man was carrying a gun had no authority to chase him down when he fled, and then to search him — at least in a state where carrying firearms is legal, US v. Brown, 925 F. 3d 1150 – Ct of Appeals, 9th Circuit 2019. The court in its opinion quoted Supreme Court Justice John Paul Stevens who said in a 2000 case: 

“Among some citizens, particularly minorities and those residing in high-crime areas, there is … the possibility that the fleeing person is entirely innocent, but, with or without justification, believes that contact with the police can itself be dangerous.”

It is not illegal to run from a cop who has not detained you or has not issued an order to you. "If you can walk away, you can run away. It shouldn't matter the speed at which you move away." – Ezekiel Edwards, ACLU. However, running may provide reasonable suspicion depending on the circumstances. It IS illegal to run from a cop who has detained you or issued a lawful order. The order "STOP" is a lawful order, and from that point on, you are committing a crime if you do not stop.

The U.S. Supreme Court held in Tennessee v. Garner, 471 U.S. 1 (1985) that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

St. Louis County Police Sgt. Ben Granda provides limited information about the killing of Terry Tillman. The officer approached Mr. Tillman and allegedly advised him of the Galleria’s Zero Tolerance Policy on guns. The officer claims that as he was speaking with Tillman, he suddenly ran away. Sgt. Granda does not indicate that Mr. Tillman did anything illegal. 

Felon in Possession and Warrant

I did not know Terry Tillman, so I am not personally familiar with his background or criminal history. I did visit his Facebook page, which includes some questionable post, but I attribute that to inexperience and youth; his page also indicated he was involved in music like my youngest son. Tillman was a rapper and probably felt the need to carry a gun for his own protection. 

Tupac talked about gun possession and violence in a 1994 BET interview where he explained why so many young people carried guns.

A cursory check of Missouri Casenet indicates that Mr. Tillman had an active pending criminal case for felony theft, but had not yet been convicted. According to the docket entries, Mr. Tillman failed to appear in court and a bench warrant was issued.

Casenet also indicated other criminal charges and convictions, therefore, if those docket entries were correct, Mr. Tillman was a felon in possession of a firearm. However, the police officer would have had no prior knowledge of those facts and therefore his actions may not have been justified. Because of abuses within the criminal justice system, criminal histories may not tell the full story, consider the lesson from "When They See Us". Many people accept plea bargains and confess to crimes not because they are guilty but from fear of long prison sentences in an unfair criminal court system or to simply to be released from jail because they could not afford bail.

What if

What if Mr. Tillman did not have a prior felony conviction, but was still facing felony charges? Since he had not yet been convicted, he would not have been a felon and his gun rights should not have been restricted. Until the police know otherwise, that's the assumption Mr. Tillman should have been given, especially in light of the recent  US v. Brown decision. 

Does a bench warrant make you a fugitive from justice and thereby ineligible per RSMo 571.070? A Missouri Court of Appeals decision, Missouri vs. Chase, 490 SW 3d 771 (2016) indicates it does not. The court determined the phrase "fugitive from justice" was not defined and was ambiguous. Therefore, even a person with an active bench warrant with no prior felony convictions based on that court opinion retains the right to conceal carry.

Identification

It's unclear whether any Galleria Official or store employee requested that Mr. Tillman leave the premises. It's also unclear if there was a duty to make such a request before calling the police. The answers to those question might determine if Mr. Tillman would have even been required to identify himself to police. 

The Richmond Heights Police had no way of knowing about a bench warrant or even who Mr. Tillman was. They can't assume just because he was black and had a gun in a permitless carry state that he was suspicious. 

If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states. Kansas City is the only place in Missouri with a "Stop and identify" statute, RSMo 84.710(2). "Stop and identify" statutes authorize police to legally demand the identity of someone whom they reasonably suspect of having committed a crime.

If the police could not legally force Terry Tillman to identify himself, they couldn't have known he had an active warrant and would not have had grounds to arrest him.

Conclusion

The gun-rights of black people are under attack. Because of the no gun policy and signage, the police were within their rights to approach Mr. Tillman and inform him of the Gallerias no tolerance policy regarding weapons. When Mr. Tillman ran, he removed himself from the premises which complied with the newly provided information.

No one knows why Terry Tillman ran. Did he feel threatened or in danger? Did he fear arrest? But we do know that Mr. Tillman cannot explain his actions because he was killed. Running may not have been his best option, but people don't always behave rationally when they are in fear. The only person who can explain their actions is the officers that shot and killed Terry Tillman.

Was it reasonable for the police to be suspicious because Mr. Tillman ran? Probably, but an explanation about why deadly force was used should have been provided within minutes or hours at the utmost.  It's been three days since Mr. Tillman was killed and we still don't know why deadly force was used.

Without reasonable suspicion that a crime is being committed, a black person who conceals carry should simply be viewed as exercising their constitutional rights, to behave otherwise is a constitutional violation. It's very possible that Mr. Tillman's Missouri and Federal constitutional rights were violated. Unless police reasonably feared for their safety or the safety of others, deadly force should not have been used.

Family and friends of Mr. Tillman participated in a peaceful protest at the Galleria which resulted in arrests being made. Reportedly the family doesn't know where or how many times Terry Tillman was shot.

It should not be necessary to protest simply to get answers about why your child was killed. It's unreasonable that a family should be expected to accept the death of their loved one without a reasonable explanation. Transparency is required and expected and when not provide suspicion arises. 

Certainly, there are plenty of cameras in and around the Galleria, the bank where the killing took place, and surrounding businesses. The public has a right to know whether body camera, dashcam, or other videos exist.

Based on past history, I expect the police to implement their no snitch policy (blue wall of silence) and to use the facts that Mr. Tillman had prior convictions, a pending felony charge, a bench warrant, a gun in his possession and that he ran as justification for their actions. The police had no prior notice about Mr. Tillman's convictions, charges or warrant, so those aren't valid reasons to chase and then shoot him. Since they have remained silent, I can only conclude the most obvious reason, "black man with a gun".

My heart goes out to the family and friend of Terry Tillman, I'm so sorry for your loss. As you encounter and hear from ignorant and hate-filled people trying to demoralize your spirits and denigrate the memory and legacy of Terry, remember there are so many others who are praying for you and grieving with you. 

Why the federal government isn’t prosecuting the officer who choked Eric Garner

Editorial note by Randall Hill: 

Systems, including the legal system, are created to protect the wealth, power, and self-interest of those who create them.

White slave owners created our legal and other systems still in use today. Eric Garner, Mike Brown and more were casualties of rigged systems.

Can you name a single system that does not fail black people in general? Education, banking, political, and just about every other system you can think of has extraordinary obstacles or traps targeted against us. We are de facto slaves because of our misguided trust in or lack of understanding about the systems that govern us. 

Unless we are prepared to make monumental sacrifices nothing will change. Tomorrow we will learn about another unarmed black person killed by police, get upset and frustrated, possibly march or protest but nothing will change. We will also hear about another black person being gunned down not by the police but by another black person. The police chief and mayor will talk about plans to reduce crime, community leaders will offer prayers and vigils, "We must stop killed each other" signs may go up, but nothing will change because the systems that caused the problems in the first place will not change. 

When we become successful, our success does not look like white success. For the most part, they own and we go to work for them. Two years ago, one in seven white families were millionaires and according to Credit Suisse, there are over 17 million millionaires in the U.S.

White people, for the most part, don't have entire systems designed to work against them, therefore as a group, they have better access to education, employment, housing, capital, and every other meaningful institution and system. Until we figure out a way to disrupt their systems the status quo will remain. What are you prepared to do? If the answer is nothing, nothing will change.

"Give me liberty or give me death"

Most Americans are familiar with the famous freedom quote articulated so eloquently by Patrick Henry, a man who owned 67 slaves at the time of his death. Many have never heard the full speech, a video reenactment is below.

As a slave owner, Patrick Henry knew he did not want to become a slave himself. He understood probably better than most that freedom isn't given, it must be taken. 


Article by Caren Morrison, Associate Professor of Law, Georgia State University

The Justice Department won’t file federal charges against the New York City police officer who put Eric Garner into the chokehold that led to his death. With the statute of limitations having run out, the case, legally, is closed.

Gwen Carr, Eric Garner’s mother, says the federal government should have filed charges. 

The decision, announced almost exactly five years after Garner was pronounced dead following a confrontation with police officers in Staten Island on July 17, 2014, has sparked renewed objections from his relatives, activists and politicians.

Every officer involved has remained on the force, and no criminal charges have been filed. Daniel Pantaleo, the officer caught on video with his arm around Garner’s neck, was assigned to desk duty, but has stayed on the department’s payroll and even received an increase in his overtime pay.

Garner’s death was brutal, but as a former federal prosecutor and a criminal procedure professor who studies how prosecutors handle police violence cases, the lack of federal charges doesn’t surprise me.

According to criminal justice professor Philip Stinson, local prosecutors are often reluctant to prosecute the officers they work with to investigate cases. Reporting by the Marshall Project suggests they may not want to anger the police unions they often count on for political support. And existing law gives the police the benefit of the doubt in most situations. Based on my research, it seems that this is just how the justice system works.

New York City police officer Daniel Pantaleo allegedly used a banned chokehold in the July 2014 death of Eric Garner.

Obstacles to prosecution

The case’s basic details are not contested. Pantaleo, who is white, was among a group of officers who approached Eric Garner, who was black, during a routine arrest for selling untaxed, loose cigarettes.

The encounter, which a bystander shot using his phone and the city’s medical examiner ruled a homicide, soon turned contentious. It culminated with Pantaleo taking Garner down to the pavement with his arm wrapped around his neck. Pantaleo is seen shortly afterward on the video pressing down on Garner’s head as other officers crowded around him.

A few months after Garner’s death, the Staten Island district attorney announced that he had presented the case to the grand jury, but did not obtain an indictment.

A public outcry ensued. Garner’s dying words, “I can’t breathe,” became a rallying cry at #BlackLivesMatter protests.

But the fact is that it is extremely difficult to bring charges against on-duty cops for excessive force.

The Supreme Court ruled in 1989 that in police use-of-force cases, allowance must be made “for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.”

Ever since, few juries have found police officers guilty of using excessive force. Since 2005, only 35 officers have been found guilty of charges related to killing civilians.

A sign and plaque near where Eric Garner had a deadly encounter with the police in the Staten Island borough of New York City.

Federal civil rights

Because of the Constitution’s protection against double jeopardy, which prevents anyone from being charged twice for the same crime, people aren’t usually prosecuted more than once for a single incident. But because U.S. law considers the states and the federal government to be legally independent jurisdictions, the Justice Department can indict an officer who has previously been charged under state law, even if he was acquitted.

When excessive force prosecutions against police officers don’t result in a conviction at the state level, the local U.S. attorney’s office may indict the officers for violating a person’s civil rights. This happened most notably in 1991 in the case of Rodney King, the black motorist who was beaten by Los Angeles police officers, and recently after the South Carolina mistrial of police officer Michael Slager, for shooting Walter Scott, another unarmed black man, in the back.

But the type of proof needed to bring a federal civil rights case is much more demanding than for a state criminal case. While there are numerous state charges that might be brought against an officer who causes the death of a civilian, from murder to manslaughter to reckless endangerment to assault, there is only one route for a civil rights case.

In those cases, prosecutors must prove that officers used excessive force against a person, generally defined as force that was clearly unreasonable in the circumstances. In addition, they have to prove that the officer’s actions were “willful.”

And willfulness is “the highest standard of intent imposed by law,” as the U.S. Attorney in Brooklyn, Richard P. Donoghue, said in his public statement about Pantaleo. “An officer’s mistake, fear, misperception or even poor judgment does not constitute willful conduct under federal criminal civil rights law.”

A narrow path

Many news outlets reported that the decision to close the Garner case happened once U.S. Attorney General William Barr ordered the case dropped, overruling the Civil Rights Division in his own department.

Activists have questioned Barr’s civil rights record, noting that while serving as President George H.W. Bush’s attorney general, Barr released a report titled “The Case for More Incarceration.” Barr’s predecessor, Jeff Sessions, quashed the Justice Department’s attempts to reform policing.

Still, I’m not sure the outcome would have been different with someone else in the White House.

In fact, disagreements on whether the case could be successfully prosecuted in federal court also snarled proceedings during the Obama administration. And there was only ever a narrow path to prosecution.

When Donoghue gave a detailed explanation for his decision, he took an unusual step. Most of the time, when officers don’t get charged, the reasons are shrouded in secrecy. Instead, Donoghue gave a painstaking explanation of the ambiguities in the video, the conflicting medical expert reports, and the reasons he believed the high standard of intent could not be proved beyond a reasonable doubt.

I once served in the United States Attorney’s Office for the Eastern District of New York, which Donoghue now runs. I hate the fact that many people will never feel that justice was done in Eric Garner’s tragic and avoidable death.

Yet I’m not sure that I could have reached a different conclusion myself.The Conversation


How Eric Garner's Death Changed New York And The NYPD

The sad reality is, that unless your oppression negatively impacts your oppressor, they have no incentive to change.  Even New York Police Commissioner, James P. O'Neill, whose comments begin at 2:26 in the timeline, acknowledges how the protest over no indictments being issued in Eric Garner's death, culminated in the death of two police officers, which was the moment the police department realized they needed to make a change.


Republished with permission under license from The Conversation. The editorial note preceding the article and the video and comments at the end were not part of the original.

Released from prison by Obama, now on the dean’s list

Obama Sends Letter to Prisoner He Freed Who Turned Her Life Around

President Obama let Danielle Metz out of prison. Then she enrolled in college and made the dean's list. Obama heard about Metz's success and sent a letter telling her how proud he is of her for turning her life around and graduating college.

“I am so proud of you, and am confident that your example will have a positive impact for others who are looking for a second chance, Tell your children I say hello, and know that I’m rooting for all of you.”

Barack Obama's letter to Danielle Metz. (Photo: Danielle Metz)

Danielle Metz's full story about her journey from jail to college is below.

From prison to dean’s list: How Danielle Metz got an education after incarceration

by CASEY PARKS

NEW ORLEANS – The sun glowed gold, and a second line parade was tuning its horns just a few streets away. But Danielle Metz had missed half her life already, and she couldn’t spare the afternoon, even one as unseasonably warm as this mid-February Sunday.

She climbed the stairs to the shotgun house her mom had bought in uptown New Orleans more than half a century ago. Metz slipped through the screen door, then shut it tight enough to keep out the sun. Inside, she dug through a box next to her bed and pulled out the clothbound journal that a woman had given her in 1996, when they were both incarcerated in the Federal Correctional Institute in Dublin, California. Metz hadn’t kept much from the 23 years she spent in prison, but the journal had been too special to leave behind. She opened it and read the dedication as a reminder of what she hoped to accomplish now that she was out.

“To Danielle — There’s so many things we can’t get in here, but knowledge and education can’t be kept out by walls.”

Growing up, Metz had believed that college was for white kids and for “Huxtables” — black people she named after the upper-middle-class family in “The Cosby Show.” She knew, as she looked at the laptop screen, how improbable people might think earning a degree would be for her now. She’d dropped out of high school her junior year. At 26, a judge had sentenced Metz to three life sentences plus another 20 years for her role in her husband’s cocaine distribution. She’d thought she’d never see New Orleans again, let alone visit a university.

Even after President Barack Obama granted her clemency in 2016, Metz believed she couldn’t go to college. Nationwide, less than 4 percent of formerly incarcerated people have a bachelor’s degree, according to a report released last year. The chances seemed especially low in Metz’s home state. Louisiana had long held twin records, the world’s highest incarceration rate, and the country’s lowest rate of black college graduates. Put together, this meant tens of thousands of residents lacked a viable pathway to middle-class security.

But lawmakers had come to believe that a change was imperative for the state’s future. In 2017, Louisiana became the first state in the nation to “ban the box” on public college and university applications, prohibiting school officials from asking whether an applicant has a criminal record. Metz knew that people across the country were working to help people like her go to college after prison. Though Illinois and New York failed to pass “ban the box” measures for university applications, several other states are trying to follow Louisiana’s lead. And federal lawmakers from both parties are pushing to allow incarcerated people to access Pell Grants, financial aid that they’ve been barred from using since Metz first went to prison.

Metz was grateful for the legal shifts, but political momentum alone would not carry her through school. As the parade began its march through Uptown, she scrolled through the university’s website and hovered over the tab marked “current students.” She had no idea how long it would take or how much it might cost, but Metz didn’t care. She was going to college.

Metz grew up the youngest of nine children in a city barreling toward chaos. As a kid, she considered herself lucky. Both of her parents worked — her father as a cement finisher, her mother in a bakery — and together they earned enough to buy a home three miles away from the St. Thomas Projects, a public housing development where many other black families lived. St. Thomas was so poor and violent when Metz was young that Sister Helen Prejean described the neighborhood in the opening of her book “Dead Man Walking” as “not death row exactly, but close."

Even as a little girl, Metz knew people who’d gone to jail, but her neighborhood was quiet, and her parents were dreamers. For years, her father urged her to become a nurse. Metz knew the job required a college degree, but she didn’t know anyone who’d earned one. In 1980, the year Metz enrolled at Walter L. Cohen High School, more than half the city’s black adults didn’t have even a high school diploma, let alone a university credential.

Instead, Metz longed to become a hairstylist. She’d practiced since she was a little girl on her mom, whose locks grew in so straight that people speculated she must have white ancestors. But even that goal felt unreachable after Metz became pregnant in 1985, her junior year of high school. She dropped out and assumed she wouldn’t have a career. She’d be a mother instead.

Six months after Metz gave birth to her son, Carl, his father was murdered.

Metz became a single mother just as the state’s economy was collapsing. Louisiana had long been dependent on oil — profits from the natural resource accounted for nearly half of the state’s budget then. But the price per barrel began falling in 1981, and by the mid-1980s, one in eight Louisiana workers was unemployed, the highest rate in the nation. New Orleans lost nearly 10,000 jobs, leaving few openings for a teenage mother with no credentials or documentable skills.

Metz didn’t take time to grieve. Most black people in New Orleans knew someone who’d been killed, she said. Instead, she started looking for someone to help raise her child.

Glenn Metz had money. He’d grown up poor in the Calliope housing projects, one of the most violent neighborhoods in New Orleans, but he owned two tow-truck companies by the time Metz met him. At age 30, he possessed the kind of quiet maturity that Metz, then 18, thought would make him a good substitute father for Carl. Glenn Metz wore such nice clothes and jewelry the night Metz met him that she suspected he at least dabbled in drug-dealing, but she told herself his business had nothing to do with her.

Growing up, Metz believed that college was for white kids and for “Huxtables” — black families she named after the upper-middle-class family in “The Cosby Show.” Cheryl Gerber/The Hechinger Report

According to federal prosecutors, Glenn Metz formed a drug ring just before he met the girl who would become his wife. Between 1985 and 1992, Glenn Metz and his crew came to dominate St. Thomas and Calliope, prosecutors said, distributing more than 1,000 kilos of cocaine and killing 23 rivals. Glenn Metz sat atop an organization manned by more than half a dozen enforcers, two of whom, prosecutors said, drove through town in an armor-plated pickup with the word “homicide” spelled out on the hood in gold letters.

Metz spent most of those years at home. “The Cosby Show” debuted the year she should have graduated high school, and she watched it and its college-based spin-off “A Different World” every week, dreaming of the life she wished she had. She took a few beauty school classes and occasionally cut hair in someone’s home, but Glenn Metz didn’t like when she left the house, she said. They married in 1989, and Metz soon gave birth to their daughter, Gleneisha. Metz didn’t have a social security number or any way to make money on her own. When Glenn Metz told her to ride with her aunt to deliver a few packages to Houston, Metz said, she did it.

Crack cocaine was spreading through black neighborhoods across the country then, and lawmakers blamed the drug for an increase in inner-city violence. New Orleans was especially hard hit. In 1990, the city topped 300 murders for the first time. Nearly every edition of The Times-Picayune that year carried news of cocaine busts. Police arrested scores of black men, including Metz’s older brother, Perry Bernard, for possession. As the city’s murder rate rose to the nation’s highest, investigators worked to take down Glenn Metz. His was the biggest and most violent drug ring in the city, prosecutors said. They indicted him and eight others, including Metz, in the summer of 1992.

Metz, who’d been temporarily living in Las Vegas with her husband before the indictment, fled to Jackson, Mississippi. She rented an apartment near Jackson State University and planned to enroll after the investigation concluded. When police arrested her there in January 1993, Metz figured she’d just get probation. Most people she knew went to jail “seasonally.” Her older brother had drifted in and out before a 1989 arrest netted him 13 years in a state prison.

After crack cocaine became popular, Congress adopted the Anti-Drug Abuse Act of 1986, establishing for the first time mandatory minimum sentences triggered by specific quantities of cocaine. The penalties were worse for defendants charged with possession or distribution of crack cocaine, favored by African-Americans, than for those accused of possessing or distributing the powder cocaine primarily used by white people.

But Metz, 25 then, had never had so much as a traffic ticket. She believed her involvement in her husband’s narcotics sales was minimal enough that prosecutors would let her go with a warning. Police did not find any drugs with her, and she was never implicated in any violence.

Instead, federal authorities charged Metz and her co-defendants under the Racketeer Influenced and Corrupt Organizations Act. Lawmakers created RICO in the 1970s under President Richard Nixon as a tool to combat the Mafia, but prosecutors increasingly used it in the 1980s to fight drug rings. The charges under RICO carried automatic sentences of life in prison without parole.

The U.S. attorneys who prosecuted her case presented witnesses who were major narcotics suppliers or small-time drug dealers. They testified that Metz had driven packages to Houston for her husband and, on occasion, accepted cash payments and wired money to suppliers. The jury decided she was guilty.

Four months later, in mid-December, U.S. District Judge A.J. McNamara sentenced Metz to three life sentences plus another 20 years in federal prison.