Hurricane Profiteers: Entergy? or Intren, Inc.?

We have all seen the trucks: “Intren.”  Hundreds of them, most noticeable at 6pm crawling like ant colonies round Claiborne and I-10 back to their mounds, and workers to their hotels.  Nola gets their electricity (and gas) from Entergy, the corporation currently taking the heat.  What we don’t hear is the name “Intren.”

I don’t know the full relationship Entergy has with Intren, but it seems like a standard subcontractor coming in to capitalize on the storm.  Intren, Inc. started out digging trenches in 1988 and have expanded into a major utility service provider far beyond its Greater Chicago headquarters.  They are a private company founded by CEO Loretta Rosenmayer, and certainly got a nice check to restore power for Entergy customers.

Over a week ago, Gulf Coast residents debated whetherr to evacuate or not, as Hurricane Isaac blazed through Haiti.  By Monday, many had made up their minds, as politicians (and presumably Entergy) prepared for a storm that would rather not attend the GOP convention in Tampa.  On Tuesday, the exodus escalated, as people made their way to Houston, Austin, Nashville, even Chicago.  Meanwhile, it seems nobody was heading towards the city with Intren trucks.

On Tuesday night the rain came hard, but it didn’t stop many of us from trudging our way in the darkness (a sneeze apparently knocks out the Nola grid) to local bars still serving.  Wednesday morning was the peak, as this Category One storm seemed to lose its way and linger.  By Thursday morning, the storm was over with intermittent sunshine, rain, and light gusts.  Although we were told last week Entergy would not be up fixing poles until the winds were under 40mph, not a single worker was spotted on Thursday.  I personally drove all around the city and didn’t see any electrical work being done.  The trucks, however, streamed into the city like floodwaters, lining up on Napoleon… doing nothing.

After the city slept in a humid steam bath, children awoke clamoring for the television and businesses struggled to open at all.  Rather than turn on power, people bought more small generators.  Friday saw work and some power turned on in sporadic areas; yet the city still had little more power than the neighborhoods who never lost it (French Quarter and CBD).  Rather than treat this like an “emergency” or a “disaster response” like the website sells, they knocked off at 6pm.

Many report that this map list them in “green” (having power) while they still do not.

Saturday comes… and still most of the city struggles.

Meanwhile in Jefferson Parish across the river, the president calls for an investigation of Entergy.  It may lead them to Intren, Inc. as well.  The Governor started this storm with an announcement about gas prices, reminding vendors that price-gouging is illegal and will not be tolerated.  So how much does one extra day of disaster relief cost?  Somebody knows.  This is why contracts need to be given an estimated time, and paid as such.  FEMA, Entergy, and whoever the Shot-Caller is should have said: “Here is $100 million.  Pay your guys for 3 days.  Thats it.”  Intren would have put in 16-hour days and been out of there in two.  The mismanagement sets back an entire city’s economy, and comfort, so that the responders can profiteer.

Making matters worse is that there will be medals awarded, plaques, photo ops, and the like- just like the video Intren shot outside my house.

Part of the 13-trucks that responded to put in this pole. It took nearly 8 hours. 24 hours after completion and there is still no power here.

Intren video crew working with a photographer.

 

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Politics, Prisons, and Entergy- 10 Thoughts During Hurricane Issac

1.  If we treat storms that are labeled Category 1 as if they are Katrina’s mighty siblings, then we run the risk of numbing ourselves and tuning people out when a Category 4 or 5 blows through in another decade.

2. Entergy is not working “around the clock,” as claimed.  Despite calm weather, mobile generators, and massive construction worker “daylighting” gear, not a truck has been spotted past the regular work day.  In fact, they can all be seen in convoys around 6pm going back to their hotels.  Where they do arrive, many workers can be seen standing around.  A crew of 13 trucks, including a photographer and videographer, spent all day replacing a telephone pole outside my house.  They said power would be on “in a bit” about seven hours ago.

3.  Despite being under what appeared to be martial law, including a loosely enforced curfew for a few days, I heard no talk of fearing for one’s safety.  Police and National Guard patrolled the streets with businesses, to protect the likely commercial targets for breaking and entering.  It is interesting that this is now commonly called “looting,” a term historically associated with war plunder done by occupying armies.  During Katrina, we saw that Black people in search of food were considered “looters,” while White people were “scavenging” for essential supplies.  Ultimately, New Orleans has not had any more burglaries or breaking and entering cases than in any normal week.  The difference is that, with no television, people are not assailed with fear-mongering messages about all the crime.

4.  On that note, a new video bluntly illustrates how the $228 billion dollar American prison system is impacting everyone.

5.  Which slides right into the issue of political elections.  We are pelted with snippets about the slight differences between Republicans and Democrats.  Let us first consider the fate of our nation is not tied up in moralistic issues.  No disrespect to those who truly believe that America’s fortunes are connected with our level of “sin” (such as fornication, abortion, homosexuality, and the like), but most political analysts wouldn’t put the Sinometer as the peak predictor of anything.

When we look at issues that each create or strain billions of dollars: Homeland Security, foreign deployments, national surveillance, taxing the wealthy, public works infrastructure, Medicare, unemployment benefits, outsourcing, social security, education, bailouts, Foreclosure Crisis… we struggle to see the party differences.  A new article by Bruce Dixon succinctly illustrates this massive overlap between Obama’s administration and that proposed by Romney (and recent history of the Republicans).

6.  So why vote if there is so much in common amongst the Republocrats?  Many have long-since opted out, as few politicians have made a bona fide outreach to the unregistered or unlikely voter.  Consider that with billions of dollars spent on national and local elections, nobody will knock on every door.  Obama, Romney, and your multi-million dollar statewide candidates will only knock on the doors of “likely voters” in their party or registered as Independents.  This is the standard Get Out The Vote (GOTV) strategy.  So basically, if half your state is registered, and about two-thirds of them are in your chosen party or independent, and half of those are “Frequent” or “Likely” voters (based on their recorded history), this means about 25% of your state’s residents are truly encouraged to participate.  The rest are all irrelevant pawns.

And yet with all subtle dissuasion and legal disenfranchisement (nearly 6 million Americans are barred due to a conviction) there are still important reasons to vote.  Many true differences are sorted out in the Primary phase, when Democrat A is vastly different than Democrat B, or C.  The winners will go unopposed in the General Election because our districts are overwhelmingly stratified by party.  The more local the race, the more likely there are changeable issues at stake.  Be it city council, school board, judge, or state legislature: this is where people can have an impact.  Politicians in D.C. are hardly connected to their constituents back home, as they begin to hire from across the nation while being influenced by large multinational corporate donors.  Yet a local state rep still lives around the corner, and still needs to respond to community meetings and face the music.

7.  As to responding: I called the city to report a large tree branch dangling like a guillotine over the street, along with a power line cut and hanging outside the entrance to a school.  The city put in a work order, and a “priority” as people and kids are walking under it without any clue to look up.  Then I called Entergy, a company with no better reputation than PG&E or National Grid (as apparently energy companies routinely hold the villain role in the communities they serve).  Entergy wanted to know a customer’s account number so they could log it in.

I said “I’m sure everyone on that street is a customer, including the school, as you have a monopoly on electricity in New Orleans.”  She still needed an account number.  I said “listen, if you can’t find this well-known street intersection, and don’t care about protecting the people of New Orleans from your own equipment, I don’t know what to tell you.”  Again, she asked for an account number.  I hung up.

Later that day, the city came and got the huge branch out of the cables- I figured they would have more pull with getting Entergy off their ass.  Today Entergy was out there making a promo video, replacing the pole and a ton of ripped cables.  I doubt my phone call will make it into the commercial, with some employee unable to input this major work order… for lacking an account number.

8.  New Orleans didn’t flood from this Category 1 storm.  It is protected by levees that underwent billions of dollars in improvements.  There are many surrounding communities that are not levee protected, and that is what you are seeing on the news.  This city is not the only place in Louisiana, and people should recognize that if they worry about residents here: they should be twice as concerned for these other parishes.

Judging by the number of people who left town for a minor hurricane, it appears that those with the most resources are least likely to be on hand if there is another tragedy.  It might be wise for the government to create emergency supply stations for those who stay to help those who need it.  Nothing could be worse than recreating a scenario where Good Samaritans become the enemy of police and military, as sometimes happened during Katrina.

9.  When people still have running water, flushing toilets, and gas stoves… it can’t be too bad.  French Quarter and Central Business District never lost power (note to tourists), and many a bar stayed open for those trudging through the rain.  I sure did.  Losing television, internet, and AC in the deep south is an inconvenience, but not a travesty.

10.  Lots of people lost their income this past week, so consider visiting New Orleans and spreading the money around.

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New York’s Innovative Solution to Crime: Betting on Success

The Goldman Sachs Tower - Jersey city, NJ.

The Goldman Sachs Tower – Jersey city, NJ.

This post first appeared in the Huffington Post.
Coauthored by Bruce Reilly and Inimai Chettiar

New York City Mayor Michael Bloomberg recently announced a new initiative that could save government money, decrease the crime rate and strengthen urban communities. Global investment bank Goldman Sachs will invest $10 million in a program to reduce recidivism among released adolescent prisoners at Riker’s Island. This will make the city the first in the nation to adopt asocial impact bond model, which uses private resources to improve social outcomes, and a pioneer in realigning the financial incentives of the prison system.

For-profit reentry programs like the Goldman model lead companies to bet on people staying out of prison, instead of staying in them. Under this model, Goldman only breaks even — or makes a profit — if the program reduces incarceration rates and helps young men reintegrate into their communities. This model is also designed to save the city money. Other states and cities should look to this approach as a more sensible way to fund their justice systems and close their budget gaps.

Studies have shown that improving reentry opportunities, which means giving released prisonerseducational, employment and housing opportunities, and family stability, greatly reduces crime rates. When we fail to invest in these key components, we guarantee the costliest result: hopeless and penniless people returning to crime, and then punishment. Increased crime is a negative outcome not only for the affected communities, but also for all of us.

Misguided attempts to save a quick buck have left us with a costly prison complex that incarcerates more people than any other country in the world. The United States spends $70 billion annually to lock up over 2.3 million people. Across the country, states are cutting funding for courts and public defenders, and raising the fees and fines charged criminal defendants in order to close budget gaps. Some states have even tried to charge prisoners for visits, and serve just two meals per day instead of three.

The real way to save criminal justice costs is to reduce unnecessary incarceration. Some states have taken on this tactic by reducing the unnecessary use of pre-trial detention, paroling people who do not need to be locked up, and using non-incarceration sanctions for low-level crimes. The Goldman model should — we hope — create an investment in treatment and reentry programs that rehabilitate prisoners and help them obtain jobs and educational opportunities — instead of winding up back in prison due to insurmountable obstacles.

Other states and cities can look to this approach from the city as one way to close their budget gaps: raising short-term capital to improve communities and generate long-term savings. As the city rolls out this program, we hope it will be mindful of obvious risks. The program should be closely and periodically monitored and evaluated to ensure the city is not overpaying for very limited, if any, positive outcomes. And just as the city’s repayment to Goldman is based on whether its program reduces recidivism, governments across the country should condition funding all prisons and correctional programs (public and private) on whether they achieve the goals of reintegration and reduced recidivism. Re-aligning the incentives of our corrections departments is the only true way toward achieving a system of justice that is worthy of that name.

Inimai Chettiar is the Director of the Justice Program at the Brennan Center for Justice at NYU School of Law, and Bruce Reilly is a former Brennan Center intern and current student at Tulane University Law School. The Brennan Center’s Justice Program focuses on improving our system of justice by ending unnecessary incarceration, securing full legal representation for the poor, and ensuring equal access to the courts while eradicating racial disparities.

Posted in prison economics, Rehabilitation | Tagged , , , , , , | 1 Comment

Winning, Then Losing, My Right to Vote

Vote Oregon!

This article originally appeared in The Guardian.

With another presidential election approaching, there is growing discussion about the fact that up to 6 million American citizens have been disenfranchised (pdf) – many for life – due to a felony conviction. They (along with millions more who can vote) were never told that their voting rights would be lost, suspended or – perhaps – restored; or that, even years after release and re-integration, moving across a state line could subject them to this cycle all over again.

I know this, because I am one of the 6 million who lost his right to vote.

Like me, anyone with a conviction who wants to vote must first navigate a patchwork of laws that change at every state line. Our historical arc toward expanding voting rights is frustrated in states like Florida, where felons couldn’t vote, then could, and now can’t again. People living in similar “life without a vote” states (Virginia, Kentucky and Iowa) could move to some states and find their right restored. Or an individual whose voting rights have been restored could move to one of these permanent disenfranchisement states and find herself stripped of an essential badge of citizenship.

When I was released, in 2005, Rhode Island would not allow probationers or parolees to vote, and Rhode Island is a state with probation terms that can last decades. In 2006, a small group of activists and organizations came together in that state to ask voters whether they would allow people on probation and parole to vote. I was one of those activists, and I cared about vital issues, just like other residents in my neighborhood. The chair of the parole board and other members of the law enforcement community publicly supported our efforts. Fortunately, the people of Rhode Island agreed.

In 2008, my first vote was a concrete step along the path of changing my life. I felt like a true member of my community, and I appreciated the chance to agree or disagree with others through a peaceful process. I knew that my vote would be counted along with those in my community, city, and state – a true representative democracy. I was part of a better way … for a short while.

Then, I moved to the great state of Louisiana. That’s when I lost my right to vote, for a second time, under a new set of laws – a right I had fought so hard to restore. Now, my daughter has lost my voice for her on education and healthcare, two issues that mean more to me after having a child. My neighbors, who would like me to participate in the decisions that affect our ward and our community, have also lost a voice. And I feel less connected, less invested, less wanted – even by the amazing people of New Orleans.

Someday, my daughter will become aware of my complicated past, but this does not need to deter me from setting an example for her. Others in my shoes also want to be role models for the next person striving for rehabilitation and redemption. We want to build a community that handles disputes in a peaceful manner, honoring all voices and opinions, particularly in some of the troubled areas where many of us live.

My daughter was born after that 2008 election, and neither of us will be allowed in the booth this year. She won’t be able to wear my “I Voted” sticker. And now, if we are walking down the street and someone asks if I’ll vote for this candidate or that, I have to reply, “Sorry, I’m not allowed to vote.”

I know there are thousands of people in New Orleans who can’t vote. I think back to those of us who got involved in Rhode Island, to what seems like glory days, when both Republicans and Democrats would expect me to share with them intricate facets of the criminal justice system. No matter what side of a position they were on (I never assumed they had one), it felt amazing to help expand the truly pro-social act of voting. I want everyone to know that feeling and be part of our society, rather than feel that our nation would prefer to pay for us to live in prison than let us have rights in the community.

Fortunately, there are solutions to the current patchwork of disenfranchisement laws: namely, the Democracy Restoration Act. This federal legislation would permit every American in every state to vote in federal elections, once they have been released from prison. Whether someone is on probation, on parole, or finished their sentence years ago, people living in the community would finally have a full opportunity to participate in those communities, and in our democracy. The bill is an important acknowledgment that the US cannot afford to exclude millions of families from the ballot box, and hollow out civic participation at a time when we truly need it.

I hope that when my daughter turns 18, we can walk into the polling place together, wherever we live, and come out wearing our stickers. She will know that, despite my mistakes, I am dedicated to improving my community, and my country – by exercising my right to vote.

Posted in Voting Rights | Tagged , , , , , , | 2 Comments

Who Has The Most Racist Fans? Ask the Police…

As a kid growing up in New England, I heard the consensus that “Boston doesn’t know how to treat its Black players.”  Whether that stems from the Bill Russell era Celtics or slow integration with the Red Sox, by the time I counted Jim Rice as my favorite player he wasn’t too eager for media interviews.  To this day, school bussing riots in Southie included, and Boston is known as a racist town, with racist fans, who happen to idolize probably the greatest White basketball player in NBA history.  And now we hear about a Sox fan in Leominster (“Loh-minstah”) calling Carl Crawford a coded racial slur.  Are we the worst?

As it turns out, the fan was a police officer, and after an investigation his bosses determined he had used racial slurs before and that the town of Leominster doesn’t consider that the level of professionalism required for the job.  Fired.  The incident reminded me of White Plains, New York: Yankees territory.  When a police officer, already under investigation for racist behavior on the job, used the N-word before busting down the door of Kenneth Chamberlain, an elderly veteran, shooting and killing him.  No charges were filed in the incident.  I don’t know if the White Plains policeman was a Yankees fan or not, nor can I be certain of loyalties regarding the 35,000-strong NYPD who managed to stop Black and Latino pedestrians 90% of the time.  This is a hard number to reach in a city that has a White majority.

I’m not suggesting that all police officers are racists, although some have considered racial profiling to be good police practice because they mistakenly believe that the vast bulk of perpetrators are non-White.  I do know that the people killed by police are overwhelmingly Black and Latino, despite the fact that there are White people who act suspicious, make furtive movements, carry guns, are mentally ill, drunk or high, or any of the other factors that lead to a citizen being shot by the police.  And again, it is oddly coincidental that a nation that has four times as many White people manages to not shoot them.  The solution is not for the police to shoot more White people, to even things out.  The solution is to reduce the aggressive and violent behavior towards people of Color.

Paramilitary training can be useful in some scenarios, but certainly cops will attest that the bulk of their work is interpersonal relations.  I’ve lived in highly-policed communities most all of my life, and I don’t know anyone who would do away with a well-trained police officer.  That training, however, needs to focus on de-escalation, mental illness training, racial training (not just “sensitivity”), and substance abuse training, because if they really are going to be on the front lines- they need to be trained accordingly.

Being on the front lines for race relations makes an impact.  Either a message can be sent that a city won’t hire people who spout racial slurs in public, or a message is sent that it is no big deal.  In Red Sox country, in this one scenario, a message was sent.  In Yankees territory, where I now live, a message was sent as well.  It is important for citizens and leaders to make it known which one they prefer.

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Hunger Strikes, Solitary Confinement, and the United Nations Day In Support of Victims

English: Close-up of the Georgia State Capitol.

Today marks the United Nations International Day in Support of Victims of Torture.  It also marks the 12th day of a hunger strike in Georgia prisons to protest the beatings, retaliation, and torture that came as a reaction to the Georgia prisoner labor strike over a year ago.  Just this past week, Senator Dick Durbin (D-IL) held a hearing on Capitol Hill to probe the use of solitary confinement in America.  This method of sensory deprivation is used within every American prison, yet made famous by underground facilities such as the Florence, CO supermax and California’s Pelican Bay.

On Friday, June 29th, from 10am – noon, a solidarity action will convene at the Georgia state Capitol in Atlanta.  As if coming full circle, the statewide organizing of the Georgia labor strike preceded the multi-prison California hunger strikes that began in Pelican Bay.  As Mumia Abu Jamal put it, the strikers were “dying, for sunlight.”  In fact, three prisoners have died since then.  The Pelican Bay SHU prisoners, all in extreme sensory deprivation situations for years, suspended their strike to negotiate for light, food, and educational programming, as well as a method of getting out of these conditions other than finishing their sentence.  Next month marks the one year anniversary of the hunger strike, and California prisoners, families, and activists will be marking it accordingly.

Several weeks ago, the Center for Constitutional Rights filed a lawsuit against Pelican Bay, for these torture conditions.  Like the overcrowding suit and inhumane conditions case won by the Prison Law Office, the California taxpayers sit as legal pinatas for what is done in their name.  Within all the California activity is Legal Services for Prisoners with Children, and All of Us or None, which is a part of the Formerly Incarcerated & Convicted People’s Movement.  In the South, the Georgia prisoners are supported most adamantly by another member of FICPM, The Ordinary People’s Society.

Seven prison guards were arrested in Georgia for the retaliatory beatings, yet mounting a case based on the secrecy of a prison is difficult.  Although the prisoners are held in extreme isolation, the defendants have every opportunity to “get their story straight,” intimidate witnesses who are captive to these conditions, and hide evidence.  Last year I had an opportunity to speak with a wife of one of these prisoners, Miguel Jackson.  He is still in the same situation, after having been beaten with a hammer while handcuffed.

As the hearings in the U.S. Senate proved, some of these torture victims are not even guilty of the crime that landed them in prison.  Anthony Graves, an exonerated Texas death row inmate explained what he endured, and witnessed, over 18 years.  And surely that was just the smallest of snippets.  He also shared that the culture of prisons is that the sentence is not the punishment, it is the treatment during the sentence that is the punishment.  Perhaps the hearing will lead to a genuine course of action, or perhaps it will merely be a moment where America acknowledges that we are the global leader in prisons and have the most people under conditions that have been condemned by the international community.  We have known this for decades, but when does it stop?

Organizations participating in the Georgia day of solidarity include the Prodigal Child Project, National Action Network, FICPM, Project South, Drug Policy Alliance, NAACP, NEC, and the National Justice Council.  Those wanting more information can contact Pastor Kenneth Glasgow, at The Ordinary People Society (334) 791-2433.

 

Posted in Actions, Commentary, Prison Conditions | Tagged , , , , , , , , | 3 Comments

A Brooklyn Man Wins a New Trial After 23 Years

Appellate Division of the New York State Supre...

When I woke up this morning, I knew that thousands of innocent prisoners had active cases in the court system.  When I go to sleep, I will know that one man, Derrick Deacon, waited enough time to be vindicated: 23 years.  Yesterday the New York Appellate Division overruled the lower court and decided to give the man a new trial.  Considering the evidence, the Brooklyn District Attorney would be flushing the taxpayers’ money down the drain by pushing to retry him.  This case is in many ways a textbook wrongful conviction, pushed over the top by the Exoneration Initiative.  It is worth looking at the fundamentals of the case, in hopes that someday the District Attorneys will begin admitting their mistakes and punishing government wrongdoers.

The Bad Identification

In this case a young woman identified a 5’7 guy around 19.  When the police brought in a 6 foot, 34 year old man, the police or prosecutors (according to the witness) leaned on her to give a vague description.  She told them it was not Deacon, a man she was not connected to but someone she had known from the neighborhood for about three years.  Why would she cooperate?  The government agents threatened to take away her children.  This is a crime of witness intimidation, commonly framed in movies where the accused sends someone to “pay a visit” to the witness; yet much more common when government agents lean on them with threats of prison or child snatching through Child Protective Services.  This witness had to fear both the local gang that carried out the killing, and the government employees sworn to serve and protect people like her and Derrick Deacon.

Government Sits On Exculpatory Evidence

Deacon was convicted in 1990 on weak evidence.  In 2001, a high-ranking gang member turned FBI informant and was more than likely considered a credible source of information for every conviction where he gave a tip or testimony.  In a seemingly unrelated matter, the informant mentioned that the real killer in Deacon’s case was a member of his gang, Paul Gary Watson.  The FBI did nothing with this information.  Watson had been deported to Jamaica in 1998, but nobody seemed to care about Derrick Deacon.

The man that this informant was focused on had this information in his own file, and rather than let an innocent man rot away, he got a copy of the FBI interview to Derrick Deacon.  Deacon finally got himself into court in 2008.

Justice is Blind, and Courts are Deaf

In 1992, Deacon was told by an appellate judge that these other witnesses who say he was not the killer are irrelevant.  One uncooperative witness, who was incarcerated, was not brought to court and forced to testify (or refuse to, in the presence of the jury).  Deacon’s pro se issues were deemed without merit.  He asked the Court of Appeals to review, yet was denied without even an opinion.  In 1993 he asked for a reconsideration, and the Court of Appeals again denied him.

In 1997, Derrick Deacon’s fourth trip to appellate court was pro se.  He argued that his appellate counsel was ineffective.  This was denied without comment, which is common because the Supreme Court has ruled that the Sixth Amendment right to effective counsel does not apply to appeals- particularly as there is no constitutional right to an appeal.  Consider that, in terms of trying to correct mistakes and malice that happens at the jury level… or when trying to present evidence that comes out after the fact.

In 2008, Deacon’s fifth trip to overturn his wrongful conviction was again stymied.  This time he had counsel.  He had the original witness; he had the FBI informant.  The judge missed as easy opportunity to correct a mistake.  Somehow, he deemed the informant no longer credible (though the government is likely declaring him credible in some other case being appealed).  The judge declared that the deported witness was available to testify, yet did not mention how this Jamaican gang member would overcome his visa dilemma.  The judge also ruled that the recanting witness’ testimony was not credible.

Four years after that, over the objections of the Brooklyn District Attorney, the New York Court of Appeals set the story straight.  Is anyone liable?  Just ask John Thompson, exonerated in Louisiana, who was told by the U.S. Supreme Court that a prosecutor can withhold evidence and there is no liability.

What’s Next?

If 10% of the American prison system is innocent (which is by no means unrealistic) 250,000 people are dealing with similar hurdles to vindication.  This is the population of New Orleans.  Most innocent people will do their time, or die in prison, without ever having a moment like Derrick Deacon.  Fortunately he found someone who finally believed in him, and they had the skills to make Derrick’s voice heard.  Every state, every jurisdiction needs a project like the Exoneration Initiative.  Every area that has a law school, a few attorneys seeking pro bono hours, and some criminal justice reform activists should be able to start a project tomorrow.  Just start with one case.

There are about 249,999 cases to go… but tomorrow another innocent person will likely be found guilty in textbook manner.  Hopefully someday the exonerations outpace the bad verdicts.  And maybe someday after that we will uphold stricter integrity in the trial and plea process.

Posted in Courts, Innocence | Tagged , , , , , | 2 Comments

Power of the Silent Marchers?

Today’s march down Fifth Avenue was more than just a Sunday stroll of pissed off activists.  Fathers and sons joined with thousands of others from all five boroughs of New York, to send a unified message to the NYPD, Ray Kelly, and Mayor Bloomberg: Learn Some Respect.  And as those fortunate enough to have wise fathers should have learned, “you need to show respect, to get respect.”  Stop & Frisk is disrespect.

The hundreds of police officers lining the street today received this message directly.  It was not spoken, it didn’t need to be.  The NYPD respectfully held their positions, and it is difficult to imagine them not hearing the deafening silence.  Children rode on shoulders, grandparents walked with straight backs, wheelchairs rolled, and hundreds of signs told the New York police that they need to stop the system of dehumanizing young Black and Latino men.

The law requires the police to have reasonable suspicion before harassing a resident- whether they are in a car or walking along.  The problem is that the police are trained to be suspicious of everything and everyone.  It just so happens that they aren’t very suspicious of a million tourists traveling through Times Square each week, but a few hundred kids walking home from Hunt’s Point apparently need to be corralled and shaken down.

It will be interesting if the next mayoral race becomes a referendum on the Stop and Frisk policy.   What the politicians should have seen today was a Voting Bloc- one that is weary- or as they say: “Sick and tired of being sick and tired.”  It is also interesting to question whether or not white voters truly support the policy- as this is clearly the only thing keeping Bloomberg’s confidence up as he defends the directive to shake down hundreds of innocent people per day.  Even notorious Maricopa County Sheriff Joe Arpaio laughs at the law and flaunts human rights- he plays to the 51% of Phoenix voters who agree with him.

Although the biggest donors to the NYPD are Goldman Sachs, Barclays Capital, and the like, there are far more voters in New York City living in public housing than those who serve the financial gods.  Incidentally, if they were “gods,” they wouldn’t need police protection.  Many of the 35,000 police officers don’t live in New York City, but it is cynical to believe that every one of them support the policy anyway.  An oppressive tactic creates added stress on the soldiers implementing it.

Rodney King’s passing should be a reminder to Commissioner Ray Kelly and Mayor Michael Bloomberg: The people of Los Angeles were willing to wait for the criminal justice system to hold the LAPD accountable.  When the system failed to do so, the city erupted into smoke and fire.  Last year the NYPD caused the taxpayers to fork over $135 million in litigation and settlements.  The Floyd class action lawsuit will indeed cost the city quite a pretty penny soon enough.   It is time to wonder which Sean Bell, Ramarley Graham, or Shantel Davis death will be the breaking point of a stressful relationship between the NYPD and the people of New York City.  Police officers have a stressful enough job when they are truly exemplifying “New York’s Finest,” they don’t need the harassment orders coming down from the Billionaire’s mansion.

Posted in Actions, Race | Tagged , , , , , , , , , , , | 1 Comment

Formerly Incarcerated Issue Statement Regarding NYPD’s Stop and Frisk Policy

Formerly Incarcerated & Convicted People’s Movement

Image

June 17th 2012 Silent March against Racial Profiling

Letter in Solidarity

There comes a time when the American people must recognize that we lead the world in prison cells.  The American people must also recognize that these cells do not fill themselves, as mass incarceration is the result of policy decisions.  The American people must finally recognize that all of us are not created equal in the dark shadows of the prisons, the courthouses, the legislatures, or the New York City Police Department.  The Formerly Incarcerated & Convicted People’s Movement stands together with those who believe the “Stop and Frisk” policy belongs in fascist countries with brutal rulers, not in the United States of America.

NYPD graduation ceremony in Madison Square Gar...

NYPD graduation ceremony in Madison Square Garden, July 2005.  (Year Stop and Frisk went in high gear).

On Ellis Island there is a plaque reading “Send me your tired, your poor, your huddled masses yearning to breathe free.”  A torch is held aloft to the Atlantic Ocean, while Lady Liberty’s back is turned away from us.  What has been going on behind her back has been police tactics that have no connection to crime rates.  We can look at the data, compare the rates among different neighborhoods, compare New York City to other large cities, and we can see the one clearest fact:  People of Color are the ones being stopped.  Young Black and Latino men living in the communities targeted for high rates of crime are being hassled by the police in this city; they are being  targeted and dehumanized by tactics that demean and oppress them as young people, they are being put up against the wall and frisked, only to find nothing, and then released to go about their business.  These hassles, these frisks and uses of force do not make our communities safer, and do not make our children safer.

The NYPD are stopping more Black and Latino people than actually live in the city, harassing nearly 700,000 people last year alone.  They say that this is because crime victims are predominantly Black and Latino, yet in most crimes the race of the perpetrator is not even reported.  They say crime is going down, but they don’t say crime is going down at a similar pace in all major cities.  When we look at the statistics, we see that the ten whitest areas, like the Upper East Side and Bensonhurst have crime dropping at double the rate as the ten most Black and Latino, such as BedStuy, Central Harlem and Hunts Point.  Coincidentally, people in these ten precincts, all of which are over 90% Black and Latino, are stopped by the police four times more than those in the ten whitest precincts.  The NYPD’s own statistics show that the more you Stop and Frisk, the less crime goes down.  The people ask Bloomberg for books, teachers, and classrooms, yet to the Black and Brown people of this city: he sends guns, police, and jails.

Those who have heard the phrase “Crash the System” can recognize when the criminal justice system is creating policies to crash itself.  Consider all the 90% of Stop and Frisks last year that resulted in no arrest nor ticket; stops where people were just told to then “move along.”  Stops where people were sometimes frisked, sometimes thrown to the ground, and then expected to “go about their business….”  There were twice as many of these harassment stops than there were arraignments in all of New York City.  Harassment Stops were double the actual arraignments.  Consider also that a quarter of all summons handed out by the NYPD are thrown out as being invalid.  If all of these wronged people were to take their claims to the courts, where the System expects people to handle their wrongs, the System would be hit with a tidal wave the same way that the NYPD is hitting certain communities in New York.

Fathers need to pass on an example, to tell stories about life that inspire their children to strive and succeed.  Black and Latino fathers in New York City however, have to tell their children to stay away from the police, to fear them, lest they be a statistic of someone being manhandled for just walking down the street in a “High Crime Area” (otherwise known as a place where People of Color are trying to build their communities) and making “furtive movements” like texting on their cell phone.

When the police overwhelmingly target Black and Latino men as suspects, they will be the ones who fill the court houses.  The courts create prisoners, and the prisons (when we are fortunate) return men to us with criminal records.  The discrimination against people with criminal records has replaced racism in education, housing, and employment.  And the next time the police come in contact with that father, son, sister, or mother with a criminal record: the vise is already so tight there is hardly room for any innocent person to escape.

From throughout the country, the Formerly Incarcerated & Convicted People’s Movement calls on police departments to rejoin their communities rather than occupying them.

For More Information:  www.silentmarchnyc.org

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The Feds vs. The States: Supreme Court must decide Death Penalty Fight

Can the Feds order a state to execute a man?  This is the question that the Supreme Court may ultimately answer regarding Jason Pleau, arrested last year for killing a man during a robbery.  What appeared to be a routine case in Rhode Island, a state of one million people that averages about 30 murders per year, has turned into a legal battle about state’s rights, the 10th Amendment, and the Death Penalty.  And the question of whether a Governor can ever defy a President.

The federal death penalty is legal in every state in America.  There are over 30 federal statutes authorizing the death penalty for any American, including a generic 1st Degree Murder, and it would be difficult to imagine a case that would not qualify under federal law.  Certainly when the people of Rhode Island eliminated the death penalty, they did not consider it would be alright if a courthouse bearing the “United States” logo rather than the Rhode Island “Hope” motto, could sentence a man to die.  The same jury pool of Rhode Islanders would be drawn upon, yet anyone with an objection to the death penalty would be barred from serving on the jury.

Attorney General Eric Holder amended the Federal Death Penalty Protocol (DPP) last year, in an attempt to assist Attorneys General such as Peter Neronha (District of RI) regarding when to seek this punishment.  There is no regard as to whether a state has abolished the death penalty or not, but states that the Feds should only take the case from a state when “the Federal interest in the prosecution is more substantial than the state or local authorities.”  Here, the only factor that seems to apply is the vague “ability and willingness for the state to obtain an appropriate punishment upon conviction.”  Perhaps this is a snub at RI State Attorney General Peter Kilmartin, a career police officer who apparently never handled a felony case.

The DPP guidelines do suggest that victims’ family members be consulted, yet this is a quandry in prosecutions: whether the government stands in for a particular victim, or an entire state.  A victim’s family in Mississippi tried to stop the execution of Henry Curtis Jackson.  He was instead killed by lethal injection yesterday.

After sentencing Jason Pleau to 18 years in state prison for parole and probation violations, a federal grand jury indicted him.  The U.S. Attorney then put in a request to take him into custody under the Interstate Agreement on Detainers Act (IAD).   Governor Lincoln Chaffee (known as the Republican who opposed President Bush on the Iraq war and domestic wiretapping) denied the request under Article IV of the IAD.  The feds then tried to evade this federal Act with a second type of request.  The state asserts that once the federal government puts in a “hold” under the IAD, all future requests to produce Pleau are covered by the provisions of the IAD- no matter what you name it.  This is how it played out, and a three-judge panel of the First Circuit agreed (2 to 1) with Gov. Chaffee, who believes the only reason the federal government would want Jason Pleau is to execute him.  Particularly after Pleau agreed to serve Life Without Parole in state prison.  This is known as the Other Death Penalty.

The Obama Administration, however, asserts that their request was not covered by the IAD for two reasons: (1) the Habeas Corpus ad Prosequendum they filed is outside of the IAD procedures, and (2) the federal government reigns supreme (as laid out in the Supremacy Clause of the constitution) and a governor cannot refuse the request.  The problem with the Feds’ first issue is that the traditional method of transferring prisoners between jurisdictions has been supplanted by the IAD, and they did in fact begin IAD procedures prior to the traditional Habeas.  The title of the paperwork is irrelevant, and the First Circuit agrees.  As for the Supremacy Clause argument, it is difficult for the United States to say they do not need to obey the IAD when they are listed as a party, along with 50 states, D.C., Puerto Rico, and others.  If they have some special status, why bother writing rules that apply to the United States at all?

The First Circuit Court of Appeals, however, credits the United States with the trump card: the Supremacy Clause.  Three judges interpreted a key case to mean the U.S. is above the limitations of the IAD.  Two judges, in their scathing dissent, took the majority to task for what they feel was an “unprincipled” misreading of the key case, U.S. v. Mauro, 436 U.S. 340 (1978).  The dissenting two justices called the ruling “unwarranted and unprecedented,” and “fails the test of common sense.”  As it stands, the split opinions of five judges are the difference between putting the executioner’s hood over the heads of a Rhode Island jury.

It was only a year ago that I, and about a dozen others, testified in the Rhode Island legislature’s bill to posthumously pardon the last man murdered by the People.  Historians testified about the malice of a vindictive crowd, and the racist furor that suspended rational judgment: someone had to pay.  In 1844 it was John Gordon, and seven years later this punishment was abolished for it.  The Public Defender spoke about the current need for best practices in eye-witness identifications and the necessity of videotaped confessions (two reforms advancing in RI).  I spoke about how a similar pair of Irish scapegoats, the Brennan brothers, were railroaded in 1984 for the murder of an Italian landlord in Providence.  They are still in prison.  Here, nobody has argued that Jason Pleau, who was once the catcher on my softball team, is innocent.  However, death penalty supporters are just as certain of guilt when a convicted person is later exonerated.

Rhode Island has filed a petition for certiorari, seeking review in the U.S. Supreme Court.  Justices may find their ideologies torn, such as Antonin Scalia who often speaks of states’ rights in the face of an overbearing federal government, yet he rarely finds a wrong when it comes to the power of the government to exert police powers, and administer the death penalty.  Some say that judges take a moral position, and then manipulate the law to reach it.  Yet as to whether the IAD applies to the federal government, it will be difficult to get around Article II, which reads “(a) ‘State’ shall mean a State of the United States; the United States of America; a territory or possession …”    It will also be difficult to affirm the First Circuit’s belief that Governor Chaffee can’t deny the federal government, where the Act reads “the Governor of the sending State may disapprove the request for temporary custody.”

To do so, the Court might have to say Congress lacked the authority to grant a Governor power over the federal government.  Yet the federal government signed onto this agreement, and now they want out.  Those who advocate for States Rights use it to define marriage, gun laws, and many other issues (it once was a code word for allowing Jim Crow laws), including the Death Penalty.  This legal battle will cost the taxpayers about a million dollars, just to see what will happen to Jason Pleau, a man that none of them likely care an iota about.  Sometimes I wonder what gets people up in the morning.

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