Richard Elliot Reports on Catch and Release in Atlanta: Who Needs a Plea Bargain When The Police Aren’t Even Allowed to Detain Youths For Breaking into Your House?

What happens when you strip away consequences for holding a gun to somebody’s head, or kicking in somebody’s back door?  What happens when you tell a 16-year old that the worst thing that will happen to him if he commits a serious crime is a few months behind bars, hardly a threat to a child who views incarceration as a sign of street cred?  And what happens when you prevent police from even detaining the kids who just broke into your neighbor’s house?

This is what happens to the offender: ... 

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James Ferrell: A Rap Sheet Too Long to Repeat, Shoots A Cop Now

DeKalb Officers blog pulled up James Ferrell’s arrest record after Ferrell shot a cop last week, an attempted murder already reduced to an aggravated assault charge.

How is shooting an officer, even if you only hit him in the leg, not attempted murder?  If the sentencing code of Georgia is so incoherent that it is better to charge someone with a lesser crime in order to circumvent the possibility of a shorter sentence, why doesn’t the legislature fix that terrible problem?  Or is it the District Attorney’s office that is being incoherent on the “shooting a cop isn’t attempted murder” thing?  Would Ferrell be charged with attempted murder if he had shot a cop in some other county? ... 

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Redding Trial Update; Expose on Georgia’s Judicial Qualifications Commission

From reader Chris Murphy, who attended the Jonathan Redding hearing to determine if Redding will be required to provide information to a Grand Jury about his partners in the murder of John Henderson:  

I was at that last hearing. The judge, Kimberly Esmond Adams, was looking for any excuse to allow his attorney into the grand jury, which goes against the rules. She delayed the decision, and it never was publicized what she ruled. That’s the kind of s**t that passes for justice: make a ruling, but do it when no one is around, if possible. ... 

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Questions About the Municipal Judges’ Races in Atlanta, Georgia

A friend just contacted me with a question about the municipal judges’ races in Atlanta:

There are several Municipal Court Judges listed on the ballot with the question (yes/no) on whether the judge should be retained. I don’t know anything about judges, so I hoped you guys could advise me on any of these you may know. ... 

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Jonathan Redding, 30 Deep, the Blue Jeans Burglaries, the Standard Bar Murder, and Disorder in Atlanta’s Courts

Jonathan Redding, suspect in the murder of Grant Park bartender John Henderson, suspected of firing a gun in an earlier armed robbery outside the Standard (Why isn’t it attempted murder when you fire a gun during a robbery?  Are we rewarding lack of aim?), suspect in a “home invasion gun battle” in which Redding shot at people, and was shot himself (Two more attempted murders, at least, if sanity existed in the prosecutor’s office), suspected member of the “30-Deep Gang,” one of those pathetic, illiterate, quasi-street gangs composed of children imitating their older relatives, middle-schoolers waving wads of cash and firearms on YouTube: Jonathan Redding is 17.

How many chances did the justice system have to stop Johnathan Redding before he murdered an innocent man?  How many chances did they squander? ... 

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Ash Joshi: “But Being a Quisling Apologist for Murderers is my Job”

Another great in-depth story in the Atlanta Journal-Constitution about chaos in the courts.  Note that Metro Atlanta courts other than Fulton County aren’t catch-and-releasing murder defendants like muddy-tasting catfish, like Fulton does.

Volume is no excuse: volume of cases means that judges and prosecutors should be appealing to the public for support and banging down doors at the Georgia General Assembly for more resources, not lowering standards. ... 

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The Real Perception Problem is the Perception of the Courts

The comments thread in response to this article in the Atlanta Journal Constitution contain a lot more insight than the article itself, which morphed from the purported subject of policing into another attack on the public for caring about crime.*  No surprise there.  While the criminologists try to minimize crime using formulas measuring relative cultural pathology and other number dances, the public hones in on the courts:

It is time that we stop protecting the young criminals – Start publishing names, parents names and city – Might just be that some parents will be so embarrassed that they will take control of these young people – Start publishing names of judges that continually grant bail bonds or m notes for “REPEAT” offenders. — “D.L.” ... 

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A Truly Offensive Effort to Whitewash the Crime Problem

What’s the matter with the Atlanta Journal Constitution?

In the last year, the residents of Atlanta stood up and declared that they do not want their city to be a place known for crime, where murders and muggings are taken in stride.  They declared that one murder, one home invasion, is one too many.  They partnered with the police — ignoring the headline-grabbing anti-cop types who perennially try to sow divisiveness. ... 

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Judicial Outrage in Burke County(GA), and a Judicial “Oversight” Problem

I received the following e-mail last week from a woman named Jessica Brantley.  This is yet another outrageous story of judicial leniency — involving Jack Bailey, the man who killed Jessica’s father while high on drugs.  Judge Carl Overstreet gave the killer probation for vehicular homicide despite his previous record of DUIs.  Then he let him go on an out-of-state hunting trip (!) before the probation started.  Then he let him out of the probation early.  Then Bailey got nailed for DUI again.

What can we do to hold judges responsible when they act in this manner? ... 

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What a Difference Seven Months Makes?

Remember this?

Well, according to the data that we have, there are some neighborhoods where the data don’t go along with what has actually transpired in their community.  We’ve had reductions [in crime] in a lot of those neighborhoods.  And then, some of the neighborhoods that we’ve had an increase in burglary and property crimes, those neighborhoods haven’t had a large outcry. . . I think they just respond to what they hear.  And a lot of times, perception to them is reality. ... 

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Leniency Lunacy: Atlanta’s CBS News Tackles Recidivism, Judicial “Discretion,” and Fulton County Prosecutors Going Easy on Repeat Offenders

Hat tip to Paul Kersey:

Atlanta CBS News Investigative Reporter Joanna Massey dissects the problems in the courts.  This is thoughtful reporting (here is part 2), and hopefully there will be follow-up on points raised by the story, such as: ... 

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Everything’s OK in Here, Bob: The D.A., the Police Chief, and Atlanta Gang Story

I am still trying to puzzle out why District Attorney Paul Howard and Atlanta Police Chief Richard Pennington keep insisting that they do not need more resources to fight crime and prosecute criminals, while they also keep holding press conferences to warn the public that today’s criminals are more numerous, dangerous and better organized:

“We don’t have one person breaking into a store,” Howard said. “We now have eight people.” ... 

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District Attorney Paul Howard Should Do His Job, Leave Self-Defense Training to that Judo Guy Down the Street

People in Atlanta deserve better.

Reeling from months (years, really) of life-altering crime in the streets, they finally drag the Mayor and Chief of Police kicking and screaming to some podium, where the two continue to deny that they are not doing the job of serving the people before storming off again. ... 

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Court Watching in Atlanta Scores a Victory — and Kudos to Judge Wendy Shoob

From Marcia Killingsworth’s always informative blog, Intown Writer, this story of keeping career criminal Andre Grier off the streets.  For now, at least:

[R]ecently, CourtWatch Coordinator Janet Martin and one of our community prosecutors Assistant District Attorney Kimani King alerted us to State of Georgia vs. Andre Grier 09SC77314, a case coming before Fulton County Superior Court Judge Wendy L. Shoob. ... 

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The Next Step for Georgia Court Watching

I have been watching the growth of court-watching in Georgia, and it is encouraging to see the practice taking hold.  Nothing will change on the streets until public scrutiny is brought to bear on the courts, where evidence abounds that judges have been breaking and bending the intent of Georgia’s sentencing laws with no professional consequences whatsoever.

No consequences for judges, even when they actually violate Georgia’s sentencing laws.  No prosecutor dare complain when a judge cuts an illicit deal with an offender — because the prosecutor must appear before that judge, or one of that judge’s peers and colleagues, every single day.  You can’t be critical of judges and be effective in the courtroom.  So there are no consequences for judges, even when their decision to overlook the law or their failure to do their jobs with appropriate diligence results in preventable murders, like the killing of Dr. Eugenia Calle. ... 

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An Important Law Georgia Still Does Not Have: Arrestee DNA Databasing

Back in the 1990’s, Georgia Lt. Governor Mark Taylor made it a priority to build the state’s DNA crime database.  He did this long before other states got on board, and for many years Georgia was rightly viewed as a leader in using DNA to solve violent crimes.  Taylor was driven by his strong commitment to victims of rape and child molestation who had been denied justice.  He did not heed the civil rights and convict rights lobbies who tried to stir up hysteria over using DNA to solve crimes (ironically, these same activists are howling over the Supreme Court’s utterly reasonable decision last week not to enshrine post-conviction DNA as a blanket, federal right, when 46 states already guarantee it, as even Barry Scheck admits: don’t believe virtually anything you read about this case on the editorial pages).

Taylor’s leadership on DNA databasing yielded an extraordinary number of database “hits” long before other states got their databases up and running.  In 1998, only convicted and incarcerated sex offenders were required to submit DNA samples in Georgia, yet 13 repeat-offender rapists were immediately linked to other sexual assaults, and scores of “unidentified offender” profiles were readied to be used if those offenders were finally caught and tested. ... 

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Sgt. Scott Kreher Update: Cops and Us

Sgt. Scott Kreher of the Atlanta Police Department, has been returned to desk duties as Mayor Shirley Franklin continues down the path of using the D.A.’s office to “investigate” him for importune remarks made during a hearing on denying medical benefits to the city’s disabled officers.  Stephanie Ramage, at The Ramage Report, has issued another call to restore Sgt. Kreher to his full duties.  It’s an amazing plea for forgiveness and the respect the police deserve.

Along the lines of Stephanie’s blog, I’ve been having some interesting conversations with a young police officer at my gym.  What always strikes me when I’m talking to police is how they view their jobs as a calling, not just a place to punch the clock.  The young officer at my gym told me that he does not do overtime because he recognizes the need to be able to go home and have a life at the end of his shift, because the job is so intense and what is being asked of police officers is so emotionally challenging. ... 

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Two Crimes I Didn’t Report, Part 1

As I’ve mentioned several times, most crime is committed by a small number of very prolific offenders.  Remove these people from the streets, impose real consequences, and crime rates will drop.

But so long as the courts continue to let people off for their first offense, whatever it may be, and then for their second and their third and their fourth offenses, with a slap on the wrist and time served or probation, then the streets will remain dangerous. ... 

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That Perception Thing

The release of the FBI’s semi-annual report on crime has provided Atlanta’s pathologically tone-deaf Mayor and the Chief-of-Police-In-Absentia with another opportunity to shower contempt on every citizen of the city.  What else could inspire the Mayor to repeat the words, “the city is ‘safer now than it has been in decades’,” given her knowledge of public feelings on her attitude?

Apparently, according to City Hall, a slight drop in the still unacceptable high rates of some crime in some areas, a rise in crime rates in other areas, and a sharp rise in property crime rates is cause to break out the bubbly. ... 

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Selective Outrage: What the Paralyzed Cop Scandal Says About Atlanta’s Politicians

As elected officials in Atlanta crowd the microphone to denounce Sgt. Scott Kreher for saying something importune about Mayor Shirley Franklin, the list grows . . . of elected officials in Atlanta grandstanding on Kreher while refusing to comment on the city’s grotesque treatment of wounded police officers, the real issue.

Here is a video Kreher helped create that details the systematic abuse of the officers by the city.  And here is a petition supporting Kreher, a decent guy who lost his temper over real injustice.  Not fake injustice.  I urge you to read the text of the petition, if you want to know what really happened. ... 

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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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A Fall From A Tree, And Then Rape

Michael Ledford’s attorneys want the jury to believe that Ledford is not responsible for murder and rape — is not responsible for any of the rapes he committed — because he once fell out of a tree.

If they believe that he is utterly incapable of controlling himself, and that he must rape and kill, then where were they when he was released from prison?  Why didn’t these experts — or rather their peers, somebody from the cohort of prison psychiatrists — make the case that Ledford should have been committed to an institution upon release from prison?  For surely he has not fallen out of another tree since his release: he has not changed.  If he was that dangerous and that crazy a few years ago, why did nobody do anything then? ... 

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Silver Comet Trail Killer’s Sentencing: Our Twisted System for Excusing Killers

The sentencing phase has begun in the Silver Comet Trail case, and this is a good opportunity to see the types of things that keep or get a killer off death row — not just now, during sentencing, but later, during the endless appeals that will inevitably follow.

Anti-death penalty activists always use the “evidence” presented during the sentencing phase to try to get their clients off death row, “evidence” in quotes because the types of things that get presented in court during sentencing are wildly subjective.  Nevertheless, if the defense says later that jurors did not consider these factors appropriately, there’s an appeal.  And if one defense lawyer says later that the defense lawyer at trial did not present this subjective “evidence” appropriately, there’s another appeal. ... 

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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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