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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The Right Rat: Groundless Accusations Towards Victims of Crime

Yesterday, I wrote about the hysteria that arises when crime victims seek modest rights, such as the right to know when their offender will be cut loose from prison (a shifting proposition — never shifting further ahead, either), or the right to offer a victim-impact statement at the same time the convicted offender is permitted to parade his supporters before the sentencing judge.

It is a measure of society’s disdain for the rights of victims that, even when such laws are on the books, they are spottily enforced and treated like an afterthought, not a rule of law. Our courts are in far worse shape than most people realize, as evinced by my earlier post today. The first causalities of this chaos, inevitably, are crime victims. ... 

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Bloody Outrage: Another Murder That Could Have Been Prevented — Updated

CORRECTION TO THE ORIGINAL ARTICLE:  A reader informed me that the names of judges currently presiding over a court division in Florida attach to previous cases from that division — therefore, the judge listed online may not be the same judge who meted out a previous sentence in that division.  I have corrected the following story to reflect this.

Why this happens is another issue.  There ought to be real transparency in court proceedings, and it shouldn’t require a trip to the courthouse or a phone call to sometimes-unresponsive clerks to discover how a particular judge ruled on a particular case — who let a sex assailant and child abuser go free, to kill another victim, for instance. ... 

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“Defendants Have the Right to Remain Silent. . . Victims Have the Right to be Heard”

I found this quote on the website for the Larimer County, Colorado District Attorney’s office. It is a neat sentiment: well-intentioned, not overly ambitious. It is, in other words, a fitting description of the aims of victims’ rights laws.

It is also utterly untrue. ... 

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The “Benjy Brigade,” Part 2: After the DNA

(this is part 2)

On March 23, 2003, DNA specialist Edward Blake announced that the semen taken from the victim’s public hair was, indeed, Benjamin LaGuer’s. The victim had not been lying, and she was not a racist monster. The things that had been written about her and spoken about her in the halls of Harvard Law and judge’s chambers throughout the city were false. Benjamin LaGuer was the racist, and a sadistic rapist and attempted murderer, as well. After the shock subsided, Boston’s elite went into mourning. Several journalists wrote weepy paeans to their own good intentions. “I put the covers over my head, and for the next six hours, I just couldn’t get out of bed,” said reporter John Strahinich, whose thoughts under the covers apparently did not stray to retracting the bile he had directed at the frail victim of his jailhouse pal. ... 

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The “Benjy Brigade”, Part 1: Boston’s Finest Mount an Attack on an Elderly Victim of Rape

The theme this week is punitive attitudes towards victims of crime. At the most primal level, the mere existence of victims threatens to spoil all the fun that can be had as you lift your glass from the tray, turn to Professor Ponytail (who could dress better at these things), and say: “When I was mentoring at the federal pen last weekend I met the most inspirational young author — wrongly convicted, of course — we must do something about getting his poetry published. We must!”

Oh, the headiness. That Seventies Susan Sarandon vibe, edgy alchemy of righteousness and rebellion — what a shame if it were all interrupted by flashing on the pensioner in her wheelchair in ugly tan compression stockings, rope scars on her wrists from where the young poet had bound her so tightly the paramedics had to peel the phone cord out from under layers of swollen skin. ... 

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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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Meanwhile, In the Groves of Academe and the Forests of Newsprint

There’s no such thing as a crime problem. It’s just a perception problem, you silly hysterics. From the Houston Chronicle, which wants you to know that daring to be worried about crime is the only crime problem that matters:

In the words of a statistician, the decrease in criminality appears to have an inverse relationship, at least for now, with political rhetoric on crime, which has ramped up in recent months. ... 

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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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Rehabilitating Adam and Eve, But Not Adam and Steve (Or Eve, Actually)

Sorry for the absence of a blog post yesterday. I went into Tampa to attend a hearing to appeal a judge’s inexplicable and unheard-of release of a convicted sex offender as the offender waits out the appeals process. Appallingly, the hearing judge yesterday decided that it was more important to honor the feelings of a fellow judge than to consider the safety of the victim and the community, and he refused to overturn the prior judge’s strange and inappropriate decision to release the convicted sex offender. Richard Chotiner remains free as he appeals his 15-year sentence for sexually assaulting a mentally handicapped man. I plan to write about this awful case next week.

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Breaking out the Bubbly: National Drug Court Month

National Drug Court Month is just around the corner, so I am going to spend this week taking a closer look at some of the claims being made about the effectiveness of drug courts. By next week, the canned press releases will be seeping out all over the news in the form of stories lifted directly from the press kits provided by advocacy groups such as the National Association of Drug Court Professionals.

Rather astonishingly, the NADCP press kit asserts that “for twenty years, drug courts have saved millions of lives.” Millions? Really? In New York State, which has one of the larger state drug court systems, only 20,400 people have graduated from drug court since the program began, and nobody can say how many of those people stayed sober for more than a few years after they left the scrutiny of the courts. No man is an island, but really — millions of lives? ... 

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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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Justice Delayed + Tax Dollars Wasted = Justice System Starved

Apparently, while it may be hard to be a pimp, as the popular song goes, it isn’t particularly hard to be a defendant in a child molestation case:

DragonCon founder’s health might keep him from standing trial

Edward Kramer was charged in 2000 with molestation children

The Atlanta Journal-Constitution ... 

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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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Don’t Believe Everything You Read

So it turns out that Eric Harris and Dylan Klebold weren’t bullied, just psychotic. Now we can gather up all the blame that’s been spread out among the victims and society at large and deposit it firmly where it belongs: on the killers.

Will the well-funded anti-bullying industry, which has been profiting from Harris and Klebold’s murders for a decade now, edit their workbooks and return the money now? ... 

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Lavelle McNutt: Another Serial Rapist Allowed to Walk the Streets of Atlanta

Last week, I wrote about Lavelle McNutt, a serial rapist given many second chances. His Georgia Department of Corrections record is a record of something else, as well: our failure to imprison repeat offenders, even after the 1994 sentencing reform law was passed.

As the Atlanta Journal Constitution reported a few weeks ago, McNutt’s first adult rape conviction, for two separate rapes in New York State, occurred in 1976, just after he turned 18. When you see an 18-year old convicted of a serious offense, you have to wonder about the contents of his sealed juvenile record: 18-year olds don’t wake up one day, break into the first house they see, and rape the occupant. They usually start experimenting with sexual abuse early in adolescence, victimizing their siblings, peers, and other easy targets. How many children and young women had already been sexually assaulted by McNutt by the time he aged out of the juvenile system? ... 

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Tea and Sympathy: How Recidivists Get Away With Multiple Crimes.

Yesterday, I wrote about Russell Burton, who got away with violent sex crimes in two different states thanks to a sympathetic judge, an apathetic military command, and a psychopathic appeals system.

Burton is in good company. With sex offenders, in particular, there always seems to be somebody willing to step up and offer a helping hand. Such behavior is not limited to ladies who latch onto serial killers like frowsy pilot fish. Distinctively non-marginal people like college presidents and judges often assume the role of head cheerleader for some of the worst repeat offenders. ... 

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Recidivist Chutes and Ladders: The Russell Burton Record

The children’s board game, Chutes and Ladders, offers a clearer template for understanding our criminal justice system than a hundred studies put forth by academicians and think tanks.  Here is one example:

Russell Burton, who has been called a “Ted Bundy in the making,” was born in 1967.  According to the Los Angeles Daily News, when Burton was 17, he was arrested in Lancaster, California and charged with “breaking into a woman’s apartment and fondling her in bed.”  “Fondling” is a troubling term here: you fondle your child, or a puppy.  When you break into a woman’s house and try to rape her, that isn’t “fondling.” (“81 Years for Sexual Predator,” L.A. Daily News, 4/27/05, fee for link) ... 

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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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Criminologists Say the Craziest Things, Part 4: The Economy Made Me Kill, or, Don’t Believe Everything the Crazy Guy With The Gun Says.

I realize I beat this like a dead horse the other day, but the experts are beating it like two dead horses, as evinced by this article in the Washington Post: “Some Link Economy With Spate of Killings.”  The “some” mentioned here is the same “some” mentioned in the Christian Science Monitor, noted criminologist Jack Levin, along with fellow noted Northwestern criminologist James Alan Fox.  But being noted doesn’t mean that you can’t be wrong.  It’s utterly risible to lump together these 57 murders and attribute them to the economic crash.  In fairness, it’s the journalist here who makes this claim, but Levin and Fox eagerly embroider on it:

Comparative statistics are difficult to come by, but during the past month alone, at least eight mass homicides in this country have claimed the lives of 57 people. Just yesterday, four people were discovered shot to death in a modest wood-frame home in a remote Alabama town. ... 

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Academic Criminology, Pt. 3: How to Talk About Terrorists. (Hint: Call Them Professor)

(Many criminologists don’t have far to go if they want to study the habits of domestic terrorists and other convicted felons.  A quick stroll to the faculty lounge is all that’s needed.  Students with criminal records probably have a harder time gaining access to the university than professors with the same.)

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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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