Solitary and Life on the Outside, Reauthorizing the JJDPA, Trial Date Set for Tanaka/Carey Case, More Reactions to LA Police Commission’s Ezell Ford Decision, and Tamir RiceJune 12th, 2015 by Taylor Walker
STATES RELEASE INMATES FROM SOLITARY CONFINEMENT BACK INTO THEIR COMMUNITIES, WHERE THEY STRUGGLE TO ACCLIMATE, AND OFTEN RETURN TO LOCK-UP
A new collaborative investigation released Thursday between the Marshal Project and NPR gathered and analyzed data from every state on inmates released from solitary confinement directly onto the streets.
Last year, 24 states dumped over 10,000 solitary confinement prisoners, who often need the most reentry assistant, right back into their communities. The other 26 states, along with the feds, either did not track or could not provide data on such releases.
The investigation has particular significance in the wake of Kalief Browder’s suicide. Browder spent three years on Rikers Island, the majority of which he spent in solitary confinement, without a trial. Browder came out of Rikers and isolation and struggled for three years with mental illness and the aftereffects of prolonged solitary confinement. Browder tried to kill himself several times before succeeding last Saturday.
These inmates who often need the most help, pre-release and post-release, get the least amount of help. For instance, inmates that remain in isolation until they are released, generally do not get to participate in re-entry classes. And in some states, including Texas, these inmates are often released without supervision. Due, in part to the mental deterioration that happens during prolonged isolation, and without much-needed help, inmates released directly from solitary often find themselves jobless, homeless, in mental hospitals, or back in prison.
The Marshall Project follows the story of Mark, young man with schizoaffective disorder and developmental disabilities who spent the majority of his teenage years in isolation, and lasted just four months on the outside, before he was locked up again. Here’s a clip:
In Mark’s home state of Texas, 1,174 prisoners were freed straight out of administrative segregation — prison jargon for solitary units housing suspected gang members or others deemed a threat to prison security — in fiscal year 2014. More than 60 percent of them emerged without any supervision, compared to only 14 percent of other prisoners released that year.
Prisoners who go straight to the street pose a danger to public safety. Analysts for the Texas Legislative Budget Board found that more than 60 percent of state prisoners released from solitary were rearrested within three years, compared with 49 percent of overall prison releases. Similar studies in Washington and California found people coming out of segregation cells had recidivism rates as much as 35 percent higher than those leaving the general population.
Dealing with the other kids at one of the juvenile facilities, Crockett State School, seemed to overwhelm him. He often retreated to his cell to pace, talk to himself, and cut his arms. His behavior was not new. In the year before his sentencing, Mark made nine trips to state mental hospitals in Austin and San Antonio for cutting and other psychotic episodes. Mark also picked up a new conviction for assaulting a guard, for which he was given three years to be served concurrently. After evaluating him three months before his 18th birthday, psychologists at Crockett concluded: “It is recommended that he be provided therapy….[and] would benefit from a program to learn independent/daily life skills.”
Instead, Mark was soon moved to a maximum-security adult prison, the Telford Unit in New Boston, Texas. And within six months, he landed in a segregation cell for allegedly threatening to escape.
Mark had told his mother that he was nervous around the older prisoners, particularly his cellmate. He had stopped taking his Seroquil and Abilify for schizophrenia, because he said they made him groggy and unable to stay alert and on guard. The other prisoners referred to him as “Crazy Boy.”
Mark was initially relieved when he was moved to solitary, thinking he would be safer. But as his mother observed, solitary was no place for people who “live in their mind.” Mark’s learning disabilities made it difficult for him to fill the time reading books or writing letters. So he paced his cell and listened to the radio. Without any other distractions, his anger and depression worsened. “You have nobody to talk to but yourself,” Mark said. “All I remember doing was just thinking about the people who hurt me.”
During their monthly, no-contact visits, Garcia saw Mark’s behavior change. He began swearing at her, flipping her off, and telling her not to come. “He wasn’t like that when he went in,” she said. She tried to pacify him by recalling happier times — their yearly trips to Disney World, the birthday parties she threw for him. But Mark could not remember any of it.
NPR focuses on Brian Nelson, a man who had similar experiences to Mark, but has managed—sometimes just barely—to rebuild his life on the outside. Nelson is now a paralegal and prisoner’s advocate at the Uptown People’s Law Center in Chicago. Here’s a clip:
When Nelson’s mother picked him up at the distant supermax prison in Tamms, Ill., he told her how he was given a television during his last year of solitary and kept seeing ads for a fast-food ice cream…
On the drive home, they stopped for a Blizzard at a Dairy Queen.
“And I’m standing there and a guy walked behind me. And I was not used to people being that close to me. And I started cussing. I turned around, I’m ready to fight because I thought I don’t know if he’s going to attack me,” Nelson recalls. “I have prison mentality in my mind. And then I looked up and saw my mom crying, like ‘Oh my God, what have they done to him?’ You know, because I couldn’t handle being around people.”
That was five years ago. It’s still hard for Nelson, 50, to be around people.
The Department of Justice estimates that about 80,000 prisoners in the U.S. are in solitary confinement. The system drastically expanded in the past 30 years as the U.S. prison population grew. Corrections officials built supermax prisons and added other new programs to isolate the inmates who were considered the most dangerous.
“The United States is unique and this is a relatively new experiment,” says Alan Mills, who is Nelson’s boss at the Uptown People’s Law Center. “And now we’re dealing with people who have spent a decade in solitary and are getting out. Mental health professionals don’t know how to deal with it. And don’t have treatment for it yet. It’s a brand new world and unfortunately it’s one that we as a society have created for ourselves.”
Mills says, at the least, prisons need to take inmates out of solitary months before they leave prison and give them mental health treatment, job training and other help to get them ready to go back home.
A few states, and the federal prison system, have started doing that.
Unlike most prisoners who are given parole when they are released, inmates in solitary are less likely to get supervision. That’s because they “max out” their sentence and fall outside the parole system.
Be sure to listen to part two, which airs on Friday (today) on Morning Edition.
NEW US BILL TO UPDATE AND REAUTHORIZE JUVENILE JUSTICE DELINQUENCY AND PREVENTION ACT
On Thursday, US Rep. Bobby Scott (D-VA) introduced a bill that would revamp and reauthorize the aging Juvenile Justice Delinquency and Prevention Act. The JJDPA was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002).
The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.
Scott’s new bill, the Youth Justice Act of 2015, is modeled after Chuck Grassley (R-IA) and Sheldon Whitehouse (D-R.I.)’s bipartisan reauthorization bill introduced late last year.
The Youth Justice Act would strengthen the JJDPA’s objectives and add some new functions, including removing those exceptions to keeping kids away from adults in detention facilities, as well as the exceptions that allow kids who have committed certain status offenses to be isolated for up to 24 hours.
Education Week’s Lauren Camera has more on the issue. Here’s a clip:
In addition, the bill would phase out various confinement practices that some consider dangerous, such as isolation that lasts longer than a few hours.
The measure would also create a new grant program for communities to plan and implement evidence-based prevention and intervention programs specifically designed to reduce juvenile delinquency and gang involvement.
“We have documented the power evidence-based policies have in both reducing crime and saving money, and we have realized the role that trauma plays in the lives of our disengaged youth and what it takes to get them back on the right track,” said Scott. “The Youth Justice Act builds on the strong framework of our colleagues in the Senate, and takes suggestions from our nation’s leading juvenile justice advocates on how we can make our system even safer and more responsive to our youth.”
US DISTRICT JUDGE SETS DATE FOR TANAKA – CAREY TRIAL
U.S. District Judge Percy Anderson has set the date for November in the federal trial of former LA County Undersheriff Paul Tanaka and ex-captain Tom Carey. Defense attorneys originally agreed on January.
The federal prosecutors are scheduled to try several other use-of-force cases in advance of the two former LASD leaders. The Tanaka/Carey trial is expected to take around two weeks.
Baldwin Park Patch’s Mirna Alfonso has the story. Here’s a clip:
The case was initially set for trial next month, but Anderson ordered attorneys for both sides to meet and agree on a later date. Federal prosecutors in the Tanaka/Carey case are scheduled in the coming months to try three separate use-of-force cases involving current or former sheriff’s deputies, along with the trial of a deputy U.S. marshal facing civil rights homicide and obstruction of justice charges.
The Tanaka/Carey case is expected to take at least two weeks, lawyers said.
Evidence to be delivered to the defense includes a Web-searchable database and 4,000 pages of transcripts from a previous related trial, according to Assistant U.S. Attorney Margaret Carter.
Tanaka — who is on a leave of absence as mayor of Gardena — and Carey, who oversaw an internal sheriff’s criminal investigations unit, have denied the charges contained in a five-count indictment returned May 13 by a federal grand jury.
LAPD CHIEF RECORDS VIDEO THAT COMMISSION FINDS UPSETTING AFTER THEIR DECISION REGARDING THE DEATH OF EZELL FORD
On Wednesday, after the LA Police Commission’s decision that actions taken during the incident that led to the death of Ezell Ford were unjustified, LAPD Chief Charlie Beck recorded a video message to express his support for the rank and file…
The video riled the LA Police Commission because in it, Chief Beck tells officers that they have the support of their chief, Mayor Eric Garcetti, and “the vast majority of the people of Los Angeles.” The Police Commission was not included in the list of supporters. The LA Times interviewed the president of the commission, Steve Soboroff, and Chief Beck about the video. Here’s a small clip:
Soboroff bristled at any suggestion that the commission didn’t support officers. “To intimate that I don’t care or don’t have the best interests of officers — it’s hurtful but it’s so untrue,” Soboroff said. “It’s so outrageous and so against anything that I feel or that I’ve ever displayed.”
Beck told Soboroff that it was not his intention to suggest that commissioners didn’t back the officers.
“It was not intended to infer lack of support by the Police Commission,” Beck later told The Times. “I have viewed it [the video] several times and I don’t believe it is reasonable to come to that conclusion based on the content.”
The LA Police Protective League (LAPPL) issued a statement Thursday in support of Chief Beck, calling the commission’s decision “self-serving” and “irresponsible.” Here’s a clip:
Surprisingly, the Police Commission, who was privy to the same facts as Chief Beck, came away with a different conclusion. It unanimously reached a finding that left many, including the LAPPL, scratching their heads and wondering how the Commission could let the usual protesters and external political forces influence their decision on this extremely important matter. Beyond being self-serving, the decision was downright irresponsible and has the potential to put the officers that protect this city at risk by signaling to criminals that it is OK to reach for an officer’s weapon depending on the situation.
The Commission got this wrong. Instead of focusing on the multiple forms of hard evidence, including the fact that Ford was a known gang member with a lengthy criminal history of violent crimes, the Commission cited and stretched thin the “objectively reasonable” standard established in the 1989 U.S. Supreme Court case of Graham v. Connor. A standard that the court later noted should not be the primary driver determination, noting that “reasonableness must embody allowance 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.”
LAPPL President Craig Lally also spoke to the Times about the video, saying that if Chief Beck had included the commission in the list of supporters, it would have discredited the entire video. “You can’t say that you support the cops and make a decision like that,” said Lally.
We will continue to track this story, which is clearly far from over.
JUDGE RECOMMENDS CHARGING CLEVELAND OFFICERS IN THE DEATH OF 12-YEAR-OLD TAMIR RICE
On Thursday, nearly 200 days after the fatal shooting of 12-year-old Tamir Rice in Cleveland, Municipal Court Judge Ronald Adrine ruled that there was probable cause to prosecute the two officers involved in the 12-year-old’s death. (If you need a refresher: Tamir Rice was playing with a toy gun outside of a recreation center with his sister when he was shot by Officer Timothy Loehmann.)
A group of activists and clergy filed affidavits asking the court to arrest Loehmann and another officer, Frank Garmback. The ruling is essentially a recommendation to Cuyahoga County Prosecutor Timothy McGinty and city prosecutors, as the case will automatically go before a grand jury, according to Ohio law. Judge Adrine recommended charging Loehmann with murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty, and Garmback of negligent homicide and dereliction of duty.
McGinty says he is investigating the shooting.
The Atlantic’s David Graham has the story. Here’s a clip:
In response to a petition from citizens, under an obscure and little-used provision of Ohio law, Municipal Court Judge Ronald Adrine agreed that Officer Timothy Loehmann should be charged with several crimes, the most serious of them being murder but also including involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. Adrine also found probable cause to charge another officer, Frank Garmback, with negligent homicide and dereliction of duty. He rejected aggravated murder charges against both officers. (The Guardian has the full order here.) Referring to the “notorious” video of Rice’s death, the judge wrote, “This court is still thunderstruck at how quickly this event turned deadly.”
But Adrine did not order the two men to be arrested. He stated that because the law under which the affidavits were filed had been amended in 2006, judges no longer have the authority to issue warrants themselves in such cases.
Instead, Adrine forwarded his opinion to city prosecutors and Cuyahoga County Prosecutor Timothy McGinty, who says he is currently investigating the case. And he took pains to note that prosecutors are required to apply a different standard before filing charges, determining that it is more probable than not that a reasonable “trier of fact” would hold the officers accountable for any alleged crimes.
The affidavit filed Monday was intended to jumpstart the process of prosecution; it’s been more than 200 days since Rice, a 12-year-old black boy, was shot and killed in a city park. Adrine’s finding of probable cause may increase pressure on McGinty. But since all murder prosecutions have to go through a grand jury under Ohio law, Adrine’s order just funnels the case back to where it was before—waiting for McGinty to act.
It’s been 199 days since Tamir Rice was shot to death by a Cleveland police officer. And for a group of community leaders in the Forest City, that’s too long to wait for prosecutors to charge the officers involved in the shooting. Instead, they went to a municipal court judge Tuesday morning and asked him to issue a warrant for the officers on charges of murder, aggravated murder, involuntary manslaughter, reckless homicide, negligent homicide, and dereliction of duty.
If that sounds confusing, it’s not just you. The activists made the request under an obscure provision of Ohio law that entitles citizens to file an affidavit demanding an arrest.