Shedding Light on the Problem: Recidivism, Neighborhood Activism, and The Courts

Midtown Atlanta Neighborhood Association safety chair Randall Cobb, commenting in the Atlanta Journal Constitution about two stabbings in Piedmont Park, got it right:

“Crime has not gone down in the city, no matter what the city says they’re doing,” [he said] noting a spike in Midtown break-ins and armed robberies since 2007. ... 

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How Atlanta Treats its Wounded Police Officers on Memorial Day

If the genius of democracy is the peaceful transfer of power through elections, the tragedy of democracy is the exploitation of this public goodwill by elected and appointed officials who treat their last year or so in office (sometimes, their entire time in office) like a tin pot dictatorship, holing up and divvying the spoils while behaving as if the needs of the people are beneath their concern.

There’s little the public can do about a lame duck elected official who treats them with contempt.  Little, that is, except doing their homework for the next election, noting who is aligned with whom, voting accordingly — and carefully counting the towels after each transfer of power is complete. ... 

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Five Ugly Pieces, Part 5: Around Atlanta

Some mop-up for the week:

The Silver Comet Trail murder case is moving along despite efforts by the defense to derail it.  Tragically, Michael Ledford’s mother had tried to get her son put back in jail before Jennifer Ewing was killed: ... 

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Five Ugly Pieces, Part 4: Britteny Turman, Grace Dixon, and Frank Rashad Johnson Denied Justice in Atlanta

On Sunday, May 10, the Atlanta Journal Constitution published an article by Bill Torpy that raises troubling questions about what is going on in Atlanta’s courtrooms.  Like this April 10 story by Steve Visser, Torpy’s story focuses on an element of the justice system that receives less attention than policing but is arguably far more responsible for the presence of dangerous felons on Atlanta’s streets: the choices, both legal and administrative, made by Atlanta’s judges.

We invest judges with extraordinary power.  We allow judicial discretion in all sorts of sentencing and administrative decisions.  Legislators have tried to limit judges’ discretion in recent years by imposing minimum mandatory sentence guidelines and repeat offender laws.  But Georgia’s sentencing guidelines still give judges far too much latitude to let criminals go free.  Also, far too many judges have responded to this legislative oversight (aka, the will of the people) by simply ignoring the intent, and even the letter, of those laws. ... 

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Five Ugly Pieces, Part 2: Hiding In Plain Sight

The MySpace Page (thanks, to Grayson) of the “30 Deep Gang” is, according to the creator, “all about money.”  There are images of dice, diamonds, blocks of gold, rap stars, and twenty dollar bills.  There is a photograph of a young man pointing a gun at the camera, and another photo labeled “Lil’ Wayne . . . Prostitute Flange” showing a smiling woman towering over the rap star.  In the “friends” section, there is a picture of a young man with the caption, “Zone 3 shawty money men da longway.”  Zone 3 is where bartender John Henderson was murdered, and the police are looking for “30 Deep Gang” members in Henderson’s death.

Zone 3 is also where I used to live, and the sound of gunfire was a regular thing there.  In order to get by you had to ration your response to it, or you would spend every day responding to it, which is an impossibility.  This is what the mayor and the chief of police are denying whenever they announce that residents are being hysterical about crime.  Residents police themselves, even more than criminals are policed.   Innocent people are held captive by the threat of violent crime, but, still, there are people who believe it is distasteful to demand to be freed. ... 

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Five Ugly Pieces, Part 1: The Georgia Public Defender Standards Council Blows Millions on Brian Nichols, Cries Poor

I’m gonna pull the chain on you, pal. And you wanna know why?  Cause you’re f****** up my city.  Cause you’re walking all over people like you own them.  And you wanna know the worst part?  You’re from out of state. — Tom Sharky, Sharky’s Machine (1981)

Wonder why our courts are falling apart? Remember this headline, from February, 2008? ... 

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Update on Jamal (Shamal) Thompson: Is the Law of Georgia Being Enforced in the Courts of Georgia by Judges in Georgia?

WSB-Channel 2 Atlanta Reporter Tom Jones has been following the Jamal Thompson case more closely than anyone, and he confirmed last week that DeKalb County Judge Cynthia Becker, relying on Thompson’s lies about his past, inappropriately granted him first offender status when he had already received that status in a different county in a prior case.

The murder of cancer researcher Eugenia Calle by a recidivist who should have been behind bars raises several questions about the actions of judges and the enforcement of Georgia’s recidivism statutes.  Legislators should move to investigate the application of these laws, to make certain the law of Georgia is being enforced in the courts of Georgia by judges in Georgia.  I suspect any investigation of sentencing outcomes would uncover many instances of first-time offender rules being abused and recidivism statues being ignored in some jurisdictions. ... 

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Vengeance or Injustice: Which Problem is Real?

From Nicholas Kristof, in Friday’s New York Times:

[W]hile we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference. ... 

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A Personal Look At Drug Court and Community Sentencing

This week, I have been writing about alternative sentencing and drug court. My perspective is shaped by experiences as a “community outreach” worker, witnessing the gaming that takes place when non-profits and private companies are granted fat government contracts with little oversight to monitor and provide therapy to offenders in the community. We are playing with fire whenever we turn over important government duties, like protecting the public, to private individuals – especially when there is no oversight.

Community control supervised by private companies and non -profits have become the status quo, however – and now community monitoring has become one of those things, in our twisted judicial system, that is increasingly viewed as a defendant’s right. ... 

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Mission Creep: Burglars With Drug Problems. And Drug Courts With Burglar Problems. And Reporters With Truthiness Problems.

Atlanta is not the only city where recidivists with long records of serious crime are being permitted to avoid jail sentences because they are also drug addicts. From the Ithaca Journal, Ithaca, New York:

In a plea deal with prosecutors, a Groton woman charged with taking part in burglaries in three counties has been sentenced to time served, five years probation and ordered to attend drug court for local crimes. ... 

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Jean Valjean, Selling Crack to Pay Child Support?

The economy may be declining, but the marketplace of improbable claims is doing just fine. In this story from the ew York Times, a neighborhood advocate in Columbia, South Carolina, claims that the bad economy is driving men to sell drugs in order to meet their child support obligations:

“Why can’t we get a step up in patrol?” asked Mary Myers, president of the tenant association at the Gable Oaks apartment complex in the northern part of the city, condemning what she says is a marked increase in drug dealing and gang-related violence in recent weeks. ... 

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Just Killing your Girlfriend With an Icepick, Nothing “Heinous”: How Defense Attorneys Starve The Courts

Last week, the Atlanta Journal Constitution reported that jury selection in the Silver Comet Trail murder trial might be delayed because defense attorneys were complaining that they are owed 60K. This week, the judge in that case reached a sealed agreement with the defense council, and jury selection is — slowly– going forward.

The funding pool for capitol defense attorneys in Georgia was depleted earlier this year by the fees charged by the team of lawyers who defended courthouse killer Brian Nichols. ... 

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Here’s Why I Loved Reading the St. Petersburg Times When I Was in College

The St. Pete Times has recently begun running a “mugshot” feature, like the ones published in cheap tabloid form and sold in convenience stores.  It’s a sad day for that institution (the Times, not convenience stores).

Here is the type of reporting for which the Times used to be routinely known.  It offers real insight into a tragic crime and –unlike so much reflexively pro-criminal reporting, like this disturbing L.A. Times whitewash — explores the price innocent people pay for our collective failure to put criminals away: ... 

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Headline: “Series of Mistakes Helped Ex-Cop Escape” (Tools for Activists).

From today’s Atlanta Journal-Constitution:

A string of mishaps — including uncertainty about whom to call, voice mail messages left unanswered for hours and previous false alarms — combined to help double-murder suspect Derrick Yancey remove his ankle monitor and escape house arrest, according to a report issued Wednesday. . . ... 

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Children Killing Children

From the Atlanta Journal Constitution, on a triple shooting near Turner Stadium: “Boy Slain in Attack Near Turner Field was Just 15.”

Nick, whose last name is being withheld, was lying roughly 10 feet from his back door when paramedics arrived at his southwest Atlanta apartment. He died Monday night at Grady Memorial Hospital. His half-brother, Andre, remains in critical condition at Grady, though friends and family say he is expected to recover. They’ve asked that the two teenagers’ surnames not be published for fear of retribution. . . ... 

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Two Atlanta Stories. Detect A Pattern Yet?

Another doctor in the news for sexual offenses (thanks to Paul K).  And another predator free on bail before trial has disappeared– this time a DeKalb County cop accused of murdering his wife and a handyman:

A former DeKalb County Sheriff’s deputy, out on bond as he awaited trial in the deaths of his wife and a day laborer, has gone missing, authorities said Saturday. ... 

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Columnist Rick Badie on Crime

A thoughtful column by Atlanta Journal Constitution writer Rick Badie on the ways people are changing their lives to deal with the threat of crime.  It raises a question: is crime really more prevalent because the economy has gone south?  The kids (and they are kids) and young adults running robbery rings and invading homes to steal televisions aren’t doing these things on their hours off from some legitimate work, and there has been absolutely no reduction in levels of support available from social services, so (unlike the rest of us) they aren’t being squeezed in their home lives.  

This is a criminal subculture.  If anything is making them seem more aggressive now, it is police furloughs and the collapse of the courts.  Backlogs in court hearings, ever more intense pressure to let people go on first, second, tenth offenses, cases simply being dropped because there aren’t the resources to try them — this is what puts more, and bolder, criminals on the streets.   ... 

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What Do You Call A Sex Offender Free on the Streets of Tampa Bay? Doctor. Or Nurse. Or Fodder for St. Petersburg Times Columnist Daniel Ruth to Crack Sex Jokes.

Maybe I’m just touchy because this neck of the woods is not far from where my own rapist traipsed in and out of prison for twenty-plus years, but what precisely does it take to get sitting judges (not to mention certain journalists) in Tampa Bay to take the threat posed by sexual predators seriously?  

First there’s Dr. Rory P. Doyle, who fled the Tampa Bay area after a judge permitted him to go free on bail after being charged with two counts of child molestation.  Astonishingly, Doyle is being treated to similarly indulgent judicial scrutiny in Ireland, where he has again been released to the streets while awaiting extradition hearings.  Then there’s nurse Richard Chotiner, who was released on bail pending an appeal that could take months, or years, after being convicted of lewd and lascivious battery of a mentally-disabled 23-year old.  Chotiner was released without electronic monitoring by Hillsborough Circuit Judge J. Rogers Padgett.  Releasing Chiotiner without considering public safety is especially egregious when you consider the details of the crime for which the nurse was convicted: ... 

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Outrage of the Week: Just Not Putting the B******s Away

For years, I’ve kept a file inelegantly titled “Just Not Putting the B******s Away.”  Unfortunately, it is a thick file.  Here is the latest entry.

The St. Petersburg Times reported this morning that fugitive Tampa Bay area physician Rory P. Doyle has surfaced in Ireland, where he fled after being permitted to bail out on a double child-molestation charge in Florida in 2001.  Dr. Doyle somehow obtained permission to re-register to practice medicine in Ireland under his own name and then somehow received permission to change his name to Dr. David West.  In addition to the largesse demonstrated by these serial “benefits of the doubt,” an Irish judge now refuses to imprison him prior to his extradition to the United States.   ... 

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“Cops Matter. Police Count”

Crime is down in Los Angeles, despite the economy:

Police Chief William J. Bratton sounded his familiar refrain when asked to explain why crime has not increased. “Cops matter. Police count,” he said.
Bratton has long clashed with prominent criminologists who argue that police cannot counter larger societal forces — such as the economy and drug epidemics — that they contend drive crime rates.
Criminologists like to point to 1990 – 1991, when a recession coincided with the highest crime rates seen in decades, to justify predictions that economic hardship causes people to commit more crime.  But does it? The types of crime that peaked in the early 90’s were largely fueled by inner-city drug-and-gang behavior related to crack cocaine and inter-generational poverty.  The crime wave preceded the financial crisis and persisted after the recession faded.  Crime rates really began to drop when sentencing laws were toughened, starting in 1993 (now those laws are being rolled back).   The stock market doesn’t cause or prevent crime (except white-collar crime).  More cops, and tougher sentencing laws prevent crime; fewer cops and lenient sentencing increases crime.  L.A. is experiencing a terrible unemployment picture, but crime is down, thanks (virtually everyone agrees) to Bratton’s policing.  In other part of the country, the economy is not so bad, but crime is still up.  It’s simple, really: nobody in this country has to steal bread to feed their children.  Trust the cop, not the criminologists.   

  ... 

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Tools for Activists: Just Say No (To Releasing Dangerous Inmates)

With a hat tip to Chris, from the Atlanta Journal-Constitution: “Fulton Inmates to be Released Before Trial,” by Steve Visser.  It’s worth quoting extensively, to grasp precisely what is being done:

Fulton County court officials say they can save taxpayers $5.5 million a year by releasing suspected criminals from jail — inmates whom judges have balked at freeing because of the likelihood they would commit another crime before their trials. ... 

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Tools for Activists: Good News From The Courts, For A Change

I’m not a glass-half-full type of person.  But this story in the Atlanta Journal Constitution really must be categorized as a half-full glass: thanks to a lawsuit by the indomitable organization, Children’s Rights, headed by Ira Lustbader, children in foster care in Fulton County, Georgia are now one tiny step closer to being accorded the type of legal representation we routinely subsidize for murderers and rapists: 

Fulton County has made significant progress in reforming its troubled legal services for children in foster care, according to a report by a court-appointed monitor of the system. ... 

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