20 to Life for a Phone Call?

This call to action comes from the Friends and Family of Manuel Brown

Manuel Brown is facing twenty years to life on a marijuana drug charge even though he never sold or bought any drugs. We need your help to prevent a miscarriage of justice! Call the Orleans Parish D.A's office and pack the Courtroom this Friday (details at the bottom).

Last April, Manuel Brown was caught in the web of an undercover operation by the New Orleans Police Department. Mr. Brown was targeted and approached by an undercover NOPD officer in the middle of the day for no apparent reason other than being a black male walking in his neighborhood.

Mr. Brown did not have any drugs on him and he did not sell any drugs to the officer. The NOPD only alleges that Mr. Brown made a single phone call when the undercover officer asked where she could purchase marijuana. Mr. Brown only agreed to call after engaging in a half hour conversation and being persuaded by the undercover officer. Mr. Brown was arrested shortly thereafter on charges of distribution of narcotics (even though he never touched any drugs or any money). Mr. Brown is currently in jail on a $100,000 bond at the St. Charles Parish Nelson Coleman Correctional Center.

Mr. Brown, who is a 38 year old father, now faces twenty years to life without the benefit of probation or parole because of Louisiana's unjust Habitual Offender Law. Mr. Brown is a recovering addict who is being punished for his past possession convictions even though he has already spent five years of his life behind bars as a result. Mr. Brown has never had a violent conviction and his last felony conviction is over ten years old.

At a time when marijuana is being decriminalized in other states, Mr. Brown is facing imprisonment for the rest of his life! The District Attorney refuses to take into account Mr. Brown's circumstances and is only offering fifteen years flat.

Mr. Brown's story is a clear example of an overreach of the justice system and a drug war that is out of control, all at the expense of people of color, poor communities and Louisiana tax payers.

WE NEED YOUR HELP! We are mobilizing people to pack the courtroom for Mr. Brown this Friday at his hearing. Furthermore, we are asking people to call the District's Attorney's office and tell them to reconsider their offer.

Pack The Courtroom
Friday, January 17th at 11:00 AM (Meet in front of the Courthouse at 10:45. Remember that cell phones are not allowed in the courthouse building, but a supporter has volunteered to be there and hold phones outside the courthouse).
Orleans Parish Criminal District Court, Section J
2700 Tulane Ave. New Orleans, LA 70119

Contact the District Attorney's Office
504-822-2414
619 South White Street
New Orleans, Louisiana 70119

Sample of what to say if you call:

Hello, I'm a New Orleans(Louisiana) resident. I am calling to ask that D.A. Leon A. Cannizzaro, reconsider the plea offer for Manuel Brown (Case #: 515-971). I am troubled by Mr. Brown's case. Mr. Brown did not sell or possess any drugs when he was arrested. The interests of residents and public safety are not served by incarcerating a person with no violent record for 15 years on a marijuana charge. The cost to tax-payers is also unacceptable. I urge the D.A. to reconsider Mr. Brown's situation in the interest of all Louisiana citizens. Thank
you.

If you have any questions or concerns, please contact Dawit at 917-740-3457 or Mr. Brown's attorney, Omavi at 504-827-8180.

We thank you in advance for your support!

- Friends and Family of Manuel Brown

Coalition of Black and Latina Women, Women from Arizona, Demand Sheriff Stop Submitting to Immigration Hold Requests

From our friends at the Congress of Day Laborers:

A delegation of undocumented women from Arizona will join local immigrants and civil rights leaders from Women United for Justice, in demanding that Sheriff Gusman stop holding undocumented immigrants for Immigration and Customs Enforcement (ICE). The visit will happen Thursday, August 9, at 1:30pm at the office of Sheriff Marlin Gusman, 819 South Broad Street.

The delegation is part of Women United for Justice, a group of New Orlean women of all races and backgrounds organizing against over-incarceration and deportation of communities, families, and children. They will join an Arizona delegation, part of the ‘No Papers No Fear Ride for Justice,’ a group of undocumented immigrants traveling across the south working for immigrant rights. They will bring the example of Sheriff Joe Arpaio’s notorious treatment of undocumented immigrants, and ask Sheriff Marlin Gusman to stand on the right side of history.

The delegation includes undocumented women from Arizona, part of the ‘No Papers No Fear’ Ride for Justice, a journey that began in Phoenix, Arizona on July 29th; Deliny Palencia, member of the Congress of Day Laborers and local leader who was unconstitutionally held by the Sheriff’s department; Latoya Lewis, organizer with Stand with Dignity, New Orleans.

The Sheriff’s submission to immigration hold requests has led to numerous, grave, constitutional violations and a deterioration of trust between the immigrant community and local authorities. The Sheriff could follow in the footsteps of Cook County, Washington D.C. and the state of Connecticut, and no longer use city resources to divide families and deteriorate civil rights. This is an opportunity for the Sheriff to hear how people in Arizona have been affected by implementation of similar policies, and to chose to be on the right side of history.

Actions by undocumented students, such as coming out of the shadows events and civil disobedience actions, have demonstrated the power and results of communities acting and speaking for themselves. The riders are undocumented people  from all over the country and their allies, including mothers, fathers, day laborers, people in deportation proceedings, students, and many others who continue to face threats of deportation, harassment, and death while simply looking for a better life in the only nation many of them know and call home.

More information on the No Papers No Fear Ride for Justice is at www.nopapersnofear.org.

Isabella's Story: A Transgender Person's Story of Survival Inside Louisiana's Prisons

The letter below came to us from our friends at BreakOUT!. This Thursday night at 9:00pm, the Allways Lounge will host a benefit for BreakOUT! featuring a range of performances; circus, burlesque, drag, bounce, and more.
"This is a short story of my life. Please type it and print it and send it to anybody who it might help."

My name is Isabella. I'm 22 years old and I'm a transgender woman. I was born and raised in New Orleans, LA. I'm currently serving a 13 1/2 year sentence in prison.

I'm writing this in hopes that I will touch the lives of other LGBTQ people or anybody else who listens. This is my story. I'm basically going to talk about my transition into society as a transgender woman, including my time spent in group homes, juvenile institutions, and adult institutions. I hope that you enjoy my story and pass it on.

I first realized I had an attraction to boys when I was about 12-13 years old. I've always been feminine and was fascinated by girls and wanted to be one. They used to tease me in school saying "You talk like a girl," "You act like a girl," or "You're gay."

I was like in 2nd grade, I didn't even know what "gay" was. I tried to hide it at first because I was scared and I wanted to be accepted. This did not work out at all. I turned to drugs at the age of 13. I used drugs to numb the pain and feel happy. I used all types of drugs. Once I got caught up in the juvenile system, I could not stay out. I kept coming back and forth from group home to jail. My family was very worried about me, they kept placing me in different programs trying to help me but I rebelled against them. The judge got tired of me and send me to a juvenile prison.

The juvenile system was very hard for me. I used to fight a lot trying to defend my sexual orientation and gender identity. I used to get mistreated by staff and other youth. I was treated differently and discriminated against for who I am. There weren't good substance abuse programs or other treatment services in there. After serving time in the juvenile prison, I went home and started doing drugs again. This caused me to be sent back to juvenile prison again. Every time I would get out I would go back to the same people and I always ended up in jail. I would make decisions and not think about the consequences - I was living for the moment.

When I was about 15 years old, I made the decision that I'm gonna be who I am. I was tired of hiding who I truly was. Every since I made this decision I've been at peace with myself. That's why I believe that I was truly born this way.

Despite my acceptance of myself, I still didn't have anywhere to go and others rejected me. I would still get involved with some guy and I would always get hurt because I was looking for love in all the wrong places. When you're involved with drugs and negative activities, the people who are around you will use and abuse you. They will tell you everything you want to hear and some. I fell for these types of people plenty of times. I had no positive peer support and no place to go.

When I got out of juvenile prison the second time, I was considered an adult. Any crime I committed now, I would go to adult jail...

At this time, I started dressing in women's clothes and taking estrogen and living my life as a full-time transgender woman. But I still didn't kick my drug habit. I kept using drugs to numb the pain I felt. I also used to believe that I could "buy" love and friends. Which is the worst thing I could have done. This left me feeling hurt, miserable, not wanted, and alone because people were always using me for their own personal gain and I was too blind to see it. I just wanted to be loved and accepted.

This lifestyle led me to adult jail, Orleans Parish Prison, to be exact. Orleans Parish Prison is a place of violence where LGBTQ people, especially transgender women, get mistreated on a daily basis. During my time there I was sexually assaulted by inmates and staff also physically assaulted me. The prison offers no protection or assistance to people who look for it. Therefore, I had to survive on my own.

During my time there I was given a break and was sent to work release. This was a much better environment, but I still didn't receive any substance abuse treatment.I got involved with this guy. I thought he was one of the best things that ever happened to me- I truly believed I found true love. We got out around the same time and once again, I was free. I was 21 years old and madly in love, but you can never have a happy relationship when there are drugs involved - never.

Well as you already know, there was no help or support for LGBTQ youth like myself and so I eventually got caught up again and ended up back in jail. I got blessed with a good a lawyer but I still got a lot of time. I finally came to a point in my life where I had to make a choice. Either I was gonna start loving myself or continue with this ignorant and destructive lifestyle.

I have been in jail one year and also have been clean one year- and that's by choice because they have a lot of drugs in jail, believe me. I'm just tired of the same old thing. So I'm losing out on years of my life behind this. I regret a lot of my decisions in the past but when I get out I'll still have a chance to live a happy life. I could go into so many more details about my past but I choose not to because that's not my main focus. My main focus is getting through to somebody so we can help them.

Well now I'm adjusting to prison life as a transgender woman. It's not easy - it's much different from the juvenile justice system. For example, a gay or transgender person in prison can't stand up and urinate- we must always sit down. We must face the wall in the shower, too. That is just some of the "jailhouse rules." A lot of it is a bunch of foolishness if you ask me. But you have to respect others and yourself in here so you won't have too many problems.

I'm missing on the best years of my life because of bad choices and a juvenile system that didn't help me. And if I can reach out and just help one person, I will be satisfied. I'm blessed to have family and friends sticking by my side during my incarceration- but I'm still lonely in prison. Because it's a lonely place.

I love my LGBTQ people to death because we are people and we need to be treated equally. Self-love comes first and then other things fall in place. I still have so much to learn in life. I'm fighting everyday to achieve my dreams. I recommend the Lady Gaga song "Born This Way" to anybody who is reading my story. The words in that song are great. We all are superstars no matter gay, straight, bisexual, lesbian or transgender. We're people who desire to be happy. We're just different and unique and the creator made us this way. No matter what I did I could never change my sexual orientation or gender identity, because this is who I am and it's not wrong. It's okay to be gay or transgender. But there are LGBTQ people who are mistreated all around the world everyday. But there are so many positive things for us, too.

I'm trying to start a group in prison now for LGBTQ people so we can come together and help each other. Society sends out so many negative things about LGBTQ people. It's terrible. I'm only 22 years old but I've been through a lot and my experiences can help other people who are having problems. If you read my story, I hope you enjoyed it. It's very short and in the future I plan on doing a lot more.

I would like to thank BreakOUT! for sticking by my side. Their staff has been at my side since 2007; since before BreakOUT! was created. They have inspired me to be positive in life and help other people.

Photo above: BreakOUT members at organizing meeting.

Inside Orleans Parish Prison, By Rosana Cruz

From the Bridge the Gulf blog:
In a letter to the editors of the Times-Picayune this month, New Orleans resident Mona Castillo wrote that the key to decreasing crime is to make prison "less comfortable." She wrote, "At the present time, jails are more like hotels. Many prisoners live better there than they did on the outside."

This struck a nerve for a member of the Orleans Parish Prison Reform Coalition (OPPRC), who has a very difference experience of the Orleans Parish Prison. In submitting that member's letter to the editors of the Times-Picayune, the OPPRC wrote:

"We are requesting an exception to the Times-Picayune policy that in order to be considered for publication, letters must be signed. The member who wrote this letter has deep and legitimate fears that if her name were included, the relative who is in prison might experience retribution from the Sheriff or other prison staff. Given the attacks on those who spoke out at recent forums regarding prison conditions, we hope you will agree that this fear is very real and legitimate and make an exception to your otherwise understandable policy. We would appreciate a response from you regarding whether you are willing to waive your policy and consider publishing this letter."

The Times-Picayune did not publish that letter, and so we are publishing it here:

As someone with a relative in Orleans Parish Prison, I challenge Mona Castillo’s opinion that jails are more like hotels, where the living is enjoyable. For the last two years I have known OPP through a pre-trial detainee’s experiences, documented by our daily telephone calls, visits, and conversations with prison staff. Orleans Parish Prison is a cesspool. There is no air-conditioning and no heat, no maintenance is done on the buildings, showers are covered in mold. The only cleaning product available is bleach, which they use to scrub the walls in an effort to keep illness at bay.

Inmates are overcrowded and have very limited access to medical care. While they are supposed to be brought outside daily, they sometimes do not go in the yard for weeks or months at a time. In OPP, there are no cell phones, connubial visits, weight rooms, or other amenities. There are TVs, but they are shared, sometimes one for 40 or 50 men. Breakfast is served at 5:30 a.m., followed by dinner at 9:30 p.m. 'White' meat is left in the open for them to eat at risk to their health during the rest of the day. Cells are carpeted with roaches and rats.

Perhaps the largest problem is the lack of safety. OPP detainees go for 5, 6, 7 hours without seeing a guard. Being packed on each other like animals, treated like animals, and left unsupervised creates violence in the prison walls.

Ms. Castillo is correct about one thing – OPP does not foster a decrease in crime. On the contrary, the OPP environment breeds more crime. These inhumane conditions lead to both an increase in crime within the prison and without – spilling the internal violence back on to the streets when detainees are released. Even more unfortunate is the fact that many of these inmates have not yet been to trial, but are simply unable to make bail. Where is the presumption of innocence?

Rosana Cruz is Associate Director of VOTE (Voice Of The Ex-offender), and a member of the Orleans Parish Prison Reform Coalition. Previously Rosana worked with Safe Streets/Strong Communities and the National Immigration Law Center. Prior to joining NILC, she worked with SEIU1991 in Miami, after having been displaced from New Orleans by Katrina. Before the storm, Rosana worked for a diverse range of community organizations, including the Latin American Library, Hispanic Apostolate, the Lesbian and Gay Community Center of New Orleans, and People's Youth Freedom School. Rosana came to New Orleans through her work with the Southern Regional Office of Amnesty International in Atlanta.

Community Profile: Eugene Dean

From our friends at VOTE-NOLA:
Eugene Dean has been with VOTE from the very beginning, when the organization sprang from an effort of incarcerated men within Angola to organize people both inside and outside of the prison around the right to vote. “We had the Angola Special Civics Project and then we continued to work trying to change policies and laws,” explains Dean. "We really focused on trying to get some laws passed regarding parole eligibility.”

From his own experience re-registering to vote, Eugene has realized how much the community still needs the consciousness raising and mobilization that VOTE undertakes. “When I went to register to vote the lady in the voter registration office said she didn’t know if I could vote and I had to explain it to the head person in charge, “he says. "He told me I sounded like I knew what I was talking about and signed my letter.”

These misconceptions are not just limited to those that have no experience with incarceration, but are also perpetuated within communities that are directly impacted by the criminal justice system. “I think that misconceptions happen because at the time people’s offense takes place, they aren’t educated [about voting],” adds Dean. “People have been led to believe that once you get a conviction you lose all your rights.”

Eugene is a living example of the principle of education leading to advocacy. Now that he has regained the right to vote, he works constantly to give civic and legal advice to family and friends. “My favorite aspect is bringing incarcerated people’s issues to light,” he says. “My family and friends call me with advice because I have been through the legal system.”

Eugene’s advocacy doesn’t stop at the issue of re-enfranchisement. One of the ways that being in VOTE has got him thinking about the criminal justice system is by becoming involved in jail reform issues connected to OPP. “I didn’t know all the interaction in the way that things are structured, as far as how the sheriff goes about getting his funds,” he explains. “The jail issue brought me to the next level.”

A member from the very start, Eugene has been able to witness the things that VOTE has accomplished in a first-hand way that helps him brainstorm for future efforts. “I’m excited about future work on ban the box,” he says, adding, “I’d like to see more young people involved.”

Mayor Landrieu (Hardly) Responds to one of New Orleans' Most Urgent Issues, By Rosana Cruz

From our friends at Bridge the Gulf:
On November 29th, a coalition of over 30 local organizations delivered a petition with more than 2,200 signatures to Mayor Mitch Landrieu, calling for reform of Orleans Parish Prison. Specifically, the petition demanded that the Mayor formally commit to capping the size of the new facility being built by the Sheriff’s Office at 1,438 beds, and that the City Council end the “per diem” budget system for the jail. Under the “per diem” system, the Sheriff’s budget is set per person per day they’re held in the jail, creating an incentive to keep people in jail for longer.



The petition delivery happened just days before the City Council was set to vote on the Mayor’s budget, which included the Sheriff’s budget for the jail.



Two days later, rather than providing leadership and making clear his position on the jail size issue, the Mayor’s office sent the following reply to Orleans Parish Prison Reform Coalition (OPPRC):

December 1, 2011

Dear Concerned Citizens:

Thank you for your passion and energy regarding this extremely important issue. I am committed to transforming New Orleans’ criminal justice system and a right-sized jail is an important piece of the puzzle. Throughout the last year my administration has initiated a transparent public process regarding the prison facility. This open dialogue has been constructive and is still ongoing. I look forward to continuing this work together.

Sincerely,

Mitch

Mitchell J. Landrieu
Mayor, City of New Orleans

This condescending response is completely devoid of any mention of the 1,438 cap or the per diem system. We at OPPRC fear that the Mayor’s non-committal stance is an indication that back-room deals are still being cut, in order for the Sheriff to build a larger facility.


The fight over the jail size has been going on for more than a year. One year ago, in response to mounting pressure from a diverse range of community groups and individuals, Mayor Landrieu convened the Criminal Justice Working Group, to determine the size of the new jail facility. The Working Group recommended the City cap the number of beds at 1,438, and the New Orleans City Council included this number in the ordinance that approved zoning for the construction of the new jail facility. But Mayor Landrieu has made no formal commitment to adhere to this recommendation.

The time for a formal commitment from the Mayor has come.
 
 
“You can’t bring a group together to answer a vital question and then just abandon the answer that they offered when it becomes politically inconvenient,” said Norris Henderson, Executive Director of VOTE (Voice Of The Ex-offender), a member organization of OPPRC (and the organization I work for). “The fact is that OPP needs to be reformed and it needs to be smaller. We believe the Mayor should listen to the thousands of individuals who signed this petition and commit to the cap. New Orleans doesn’t need more than 1,438 jail beds.”



The proposed cap would still leave New Orleans at 43.8% more jail beds per capita than the national average, even if the city reaches a population of 400,000.
 


The City Council responded to the petitions by committing to end the per diem system within the year. At least they appear to be taking the issue more seriously then the Mayor. But the time for action to stop New Orleans’ over-incarceration is past due.
 


New Orleans is at a crossroads. The Mayor can listen to the thousands of people, locals, criminal justice experts, crime victims who are asking for a brighter, smarter way forward, or he can choose to keep New Orleans in the dark ages, home of America’s largest jail. Let’s invest in real justice, Mr. Mayor. Save the city’s resources and invest in things that prevent crime, not this jail that has only made our crime problem worse.


Rosana Cruz is Associate Director of VOTE (Voice Of The Ex-offender). Previously Rosana worked with Safe Streets/Strong Communities and the National Immigration Law Center. Prior to joining NILC, she worked with SEIU1991 in Miami, after having been displaced from New Orleans by Katrina. Before the storm, Rosana worked for a diverse range of community organizations, including the Latin American Library, Hispanic Apostolate, the Lesbian and Gay Community Center of New Orleans, and People's Youth Freedom School. Rosana came to New Orleans through her work with the Southern Regional Office of Amnesty International in Atlanta.

Two Years After the DOJ Calls Conditions at OPP Unconstitutional, Billboard on I-10 Calls for Action at Orleans Parish Prison

From our friends at the Orleans Parish Prison Reform Coalition:
Exactly two years after the Department of Justice issued it’s September 11, 2009 report that found a practice of the violation of civil rights of individuals held at Orleans Parish Prison (OPP), the Orleans Parish Prison Reform Coalition (OPPRC) launched a new phase of its public education campaign for reform of the jail, with a billboard on I-10 and the announcement of a series of community forums. The billboards include a set of five rotating messages, including support for a smaller jail of no more than 1438 beds, an end to the per-diem system, and immediate action by the Department of Justice to improve conditions at the facility.
The recommendation for a smaller facility comes after national experts and a Criminal Justice Working Group convened by Mayor Landrieu determined that, through the implementation of reforms including pre-trial services, reducing racial disparities in lengths of detention, and increasing the use of citations in lieu of minor arrests, a jail of 1438 beds could be sufficient for the City of New Orleans. While the City Council approved a replacement jail of this size in February 2011 following this recommendation, there is significant work that remains for the full implementation of these reforms. According to Norris Henderson, Executive Director of VOTE, an OPPRC member organization, “The city needs to move aggressively towards implementing the types of reforms considered by the Criminal Justice Working Group, which when completed can be a beacon of pride for the city. Similar reforms have been demonstrated in other cities to improve public safety, to reduce jail populations, and to save invaluable taxpayer dollars. New Orleans can do it as well.”
OPPRC is also calling for an end to the per diem system, or the funding of the jail through payment by the City for each individual held daily in OPP. While the per diem is $22.39 per inmate, the actual cost is over $30 daily, including the additional costs of health care and staffing paid by the City to the Sheriff. This will cost the city $27.5 million this year. As stated by Mayor Landrieu at the August 9th District B Community Budget meeting, “If we pay (the Sheriff) per person, per day, the argument is he has an incentive to keep more people. What we really need to do is ensure that he keeps only the number that we need him to keep and no more.” New Orleans is the only major US city in the United States that finances its jail through a per diem system. As stated by Dana Kaplan, Director of the Juvenile Justice Project of Louisiana (JJPL), “Given both the perverse incentive that the per diem creates to incarcerate more people and the fact that $22.39 per person is insufficient to safely operate a jail, there should be no obstacle this budget cycle to ending the outdated per diem system and transitioning to a performance based approach to funding OPP.”
Finally, in the wake of sweeping reform of the New Orleans Police Department and two years after their initial findings that the jail consistently violates the civil rights of people held in its care, OPPRC is also calling for the Department of Justice to take action to improve conditions at Orleans Parish Prison. Since their report was issued in September 2009, conditions have only deteriorated and thirteen more people have died in the custody of the jail.
On September 20th the Orleans Parish Prison Reform Coalition will be hosting a public forum, for all community members concerned about conditions at OPP and related issues to have an opportunity to speak and offer recommendations for reform. The forum will be held from 6 – 8 pm at the Mahalia Jackson Center in Central City, located at 2405 Jackson Avenue. Representatives from the Special Litigation Section of the Civil Rights Division of the Department of Justice have been invited to attend.

Highlights in Local Activism Against the Prison Industrial Complex

Here on the Louisiana Justice Institute blog, we have been following developments in the Danziger Bridge investigation and other police violence and corruption cases, as well as activism against abuses at Orleans Parish Prison and other aspects of the Prison Industrial Complex, since early on the history of this blog. From protests to lawsuits and reports and criminal prosecutions, we have reported on resistance to the criminal justice system in this city and state. Below is a collection of some highlights from our reporting over the past few years.

2011 Danziger Bridge Trial:
-Did New Orleans Media Contribute to Police Violence After Hurricane Katrina?
-Danziger Trial Presents Opportunity for Systemic Change.
-Chilling Testimony in Opening Weeks of Danziger Trial.
-Danziger Bridge Police Trial Exposes NOPD Corruption... Again.
-Lawyers for Police in Danziger Shootings Offer Passionate Defense.
-Prosecution rests in Danziger trial.
-Defense rests in Danziger Trial, Insisting Victims were armed.

Additional 2011 Reporting:
-January 2011: Prisoner Abuse at Tangipahoa Parish Prison.
-January 2011: Baton Rouge further criminalizes sex workers.
-February 2011: In Louisiana, Odds of a Death Sentence 97% Higher If Victim is White.
-February 2011: Activists Harassed During Vigil at OPP.
-March 2011: NOPD attack Mardi Gras parade.
-March 2011: First National Conference of Formerly Incarcerated Persons Convenes In Alabama.
-March 2011: US DOJ report on NOPD.
-March 2011: Louisiana's Crime Against Nature law.
-April 2011: Raymond Robair trial.
-May 2011: The Waguespack family and the NOPD.
-June 2011: Will Judge Raymond Bigelow Face Investigation?
-June 2011: Jena Six activist sentenced to 15 years in prison.
-June 2011: NOPD continues to target sex workers.
-June 2011: Sex Offender Registration for Sex Workers Ends in Louisiana.

2010 Reporting:
-February 2010: Officers fight charges and reform.
-March 2010: Activist Parnell Herbert discusses police accountability.
-March 2010: Police harassment of Mardi Gras Indians caught on video.
-March 2010: Police harassment of "copwatch" activists challenged in court.
-March 2010: LJI calls for federal intervention in the NOPD.
-March 2010: Police Association of New Orleans Works to Protect Killer Cops.
-April 2010: Questions raised about search for new police chief.
-April 2010: Landrieu blasts critics in police chief search.
-April 2010: New coalition, Community United for Change, challenges NOPD.
-May 2010: M. Endesha Juakali discusses history of struggle against NOPD violence.
-June 2010: Community United for Change continues to challenge NOPD.
-June 2010: ACLU of Louisiana Releases Report on NOPD's Lack of Respect for First Amendment.
-June 2010: ACLU of LA challenges Gusman's plans for larger prison.
-June 2010: Guest commentary on juvenile justice.
-July 2010: Report on LGBT youth in juvenile justice system.
-July 2010: Torture in St. Tammany jail.
-September 2010: Activists march across Danziger Bridge.
-September 2010: Small successes at the Innocence Project.
-October 2010: Why New Orleans needs a smaller jail.
-October 2010: How the NOPD (mis)uses its citywide alert system.
-November 2010: Sex Worker Advocates Highlight New Orleans Human Rights Violations at United Nations.

2009 Reporting:
-October 2009: Investigations of Gretna police actions on Crescent City Connection after Katrina.
-November 2009: Local activist fights unfair charges.
-December 2009: Former New Orleans Black Panther and criminal justice activist passes on.

Activists Harassed During Vigil at OPP

From our friends at the New Orleans Workers’ Center for Racial Justice:
Community Condemns Intimidation of Community Leaders During Prayer Vigil
Demand to Gusman: Guarantee Sheriff’s officers will not retaliate against Day Laborers Exercising their First Amendment Rights.

Today, members of the Congress of Day Laborers strongly condemned retaliation by Sheriff Marlin Gusman’s officers against a community leader during a 24 hour prayer vigil. The prayer vigil, staged in front of Sheriff Marlin Gusman’s office was aimed at ending racial profiling and race-based deportation through Gusman’s Orleans Parish Prison (OPP).

Early Thursday morning, Feb. 3, after 17 hours at the prayer vigil, Congress of Day Laborers’ leader Ezequiel Falcon was pulling out of the driveway of the Sheriff’s office when a sheriff’s officer trailed him and pulled him over. A second sheriff’s officer joined the scene. The officers informed Ezequiel that the vigil had been surveilled, identified him as a leader, asked for his documents, demanded to know his home address, and threatened to arrest him.

“The sheriff was trying to send all of us a message,” Falcon said after his harrowing interaction with Gusman’s officers. “But we shall not be moved.” Lead organizer for the Congress of Day Laborers, Jacinta Gonzalez said, “We are deeply disappointed the Sheriff Gusman’s Offices would see fit to intimidate and threaten Day Laborer Leaders taking moral action.”

The New Orleans Workers’ Center for Racial Justice (of which the Congress of Day Laborers is a project) wrote to Sherriff Gusman on Feb. 7 demanding a public pledge that there would be no further retaliation against community and civil rights leaders.

“[W]e and many criminal justice, faith, and labor leaders as well as City Council Members are deeply concerned about the actions of your staff against Mr. Falcon which violated his fundamental civil and constitutional rights,” the letter read in part. “We ask that you issue public assurances that no OPSO official will engage in retaliatory conduct against members of this community for exercising their civil and constitutional rights.”

The Congress of Day Laborers is demanding that Gusman reverse his policy of submitting to voluntary hold requests from Immigration and Customs Enforcement, which effectively funnel immigrant workers into deportation on the mere suspicion that they may be non-citizens.

Sheriff Gusman’s officers’ intimidation tactics targeting Mr. Falcon come on the heels of a major federal lawsuit filed by members of the Congress of Day Laborers against Gusman last week.

This major civil rights lawsuit, brought by members of the Congress of Day Laborers and litigated by the New Orleans Workers' Center for Racial Justice (NOWCRJ) and the National Immigration Law Center (NILC), exposes fundamental violations of law brought on by the Sheriff’s decision to submit to hold requests from ICE. These hold requests are often based on mere suspicion a person is a noncitizen- suspicion often based on racial profiling. “Sheriff Gusman’s policy leads to detention of community members – fathers, students, and reconstruction workers – on standards of proof far below what is constitutional and conscionable,” lead counsel Jennifer Rosenbaum, Legal Director for NOWCRJ, said to a packed City Council meeting on the day of the filing.

The Congress of Day Laborers is a project of the New Orleans Workers’ Center for Racial Justice. Plaintiffs are represented in the litigation by the New Orleans Workers’ Center Legal Department and the National Immigration Law Center, a national legal advocacy organization that defends and promotes the rights of low-income immigrants and their family members.

Rapides Parish Jail Seeks Expansion That WIll Make it Largest Per Capita Jail in the State

From our friends at ACLU of Louisiana:

The American Civil Liberties Union today filed a public records request with Rapides Parish Sheriff Charles F. Wagner, Jr., seeking disclosure of the study and supporting data that some Rapides Parish officials tout as supporting expansion of the Rapides Parish Jail. By building cells for more than 500 new detainees, the proposed expansion would increase the Parish’s incarceration rate to 937 prisoners per 100,000 members of the population—higher than any other parish whose incarceration rate has been publicly disclosed, including Orleans Parish’s rate of 893 prisoners per 100,000.

“Before Rapides Parish commits itself to a massive, expensive, and unnecessary expansion of its detention facilities, the public at least deserves access to the same information that Parish officials are using to justify their recommendations,” said Marjorie Esman, Executive Director of the ACLU of Louisiana. “If this expansion goes forward, then Rapides Parish would end up with the highest incarceration rate in Louisiana. This is not a burden to take on blindly, especially in light of the costs involved.”

New Orleans recently put the brakes on a similar expansion. There, the mayor appointed a blue ribbon commission that retained a nationally-renowned criminal justice expert to help them identify an optimal size for the Orleans Parish Prison. That expert found that by implementing cost-effective, public safety-enhancing reforms that local advocates and other experts have long advocated, Orleans Parish could meet all of the city’s reasonable detention needs with fewer than half of the beds the Parish currently operates.

Esman said, “As the example of New Orleans shows, putting smarter criminal justice policies in place can avoid unnecessary incarceration, all while increasing public safety and saving taxpayer dollars. The people of Rapides Parish deserve to have a full, open debate about whether expanding the jail is what best serves their needs.”

A copy of the public records request is available at the ACLU of Louisiana website.

Sheriff Gusman Continues to Seek Larger Jail

From our friends at ACLU of Louisiana:
The American Civil Liberties Union today submitted a request to Sheriff Marlin Gusman seeking public records documenting the studies he has generated or commissioned that justify his request for more than twice the number of jail beds than was recommended by a national expert using the Sheriff’s own data.

On November 16, 2010, the Criminal Justice Working Group appointed by Mayor Mitch Landrieu recommended authorization of a new Parish Prison facility to replace the existing Templeman III and IV sites, consisting of no more than 1438 prison beds. This figure was based in large part on a study commissioned by national expert Dr. James Austin, as well as public comments about the need to bring Orleans Parish in line with national best practices in prison reform.

Still unresolved is the ultimate use of city-owned property at Templeman I and II, and whether it will be used to construct additional beds beyond the 1438 recommended by the Working Group. With the Working Group continuing to address that issue, Sheriff Gusman continues to resist the recommended cap of 1438 beds.

“Sheriff Gusman insists that he needs additional prison beds despite the expert recommendations and the conclusion of the Working Group,” said Marjorie Esman, Executive Director of the ACLU of Louisiana. “Yet he has never revealed the basis for his claims that 1438 beds is not enough. He should tell the public why the conclusions of the expert retained by the City are wrong, and why the recommendation of Working Group appointed by the Mayor should be disregarded.”

Among other things, the ACLU asks for studies, reports, or data in the Sheriff's possession that would identify an optimal size of the detention facilities. “The Working Group continues to meet, and must have access to all of the available information to make its final decision,” Esman said. “We continue to seek the basis for Gusman's claims that he needs more jail beds, because the people of New Orleans need to know that the decisions will be made based on data and expert recommendations.”

A copy of the ACLU’s request is available online here.

Community Pressure Frees Immigrant Detainee Held in OPP

The following is an update of an earlier story from the New Orleans Workers' Center for Racial Justice:

Sheriff threatens to bring immigration agents to federal courthouse, but backs down under community pressure

Antonio Ocampo walked freely into the jubilant embrace of community members today after 97 days in illegal custody at the hands of Sheriff Marlin Gusman. The federal judge ordered Sheriff Gusman to produce Ocampo in an emergency hearing after Mr. Ocampo filed a writ of habeas corpus late Friday. The judge declared that Sheriff Gusman’s incarceration of Mr. Ocampo on an expired ICE detainer was indeed a violation of his constitutional rights. “When the constitution says ‘we the people’ that includes me,” said Mr. Ocampo shortly after his release.

Community members and advocates stared Sheriff Gusman down in a tense face-off that lasted all day. Soon after U.S. Marshall served him an order to appear in court, Sheriff Gusman attempted to turn Mr. Ocampo over to ICE custody. “Sheriff Gusman violated Mr. Ocampo’s constitutional rights and then attempted to deport the evidence,” said Jacinta Gonzalez “We stopped him.” Community protests outside Sheriff Gusman’s office led to a tense meeting in which Sheriff Gusman admitted that his lawyers had called immigration authorities and asked them to arrive at the courthouse. Furious community members demanded that Sheriff Gusman instruct his lawyers to call ICE off. “It is unconscionable that the Sheriff on the day he was to appear in federal court to defend himself against Mr. Ocampo’s allegations would recruit ICE to be his pitbull in an obvious attempt to intimidate Mr. Ocampo. Under threat of further protest and media exposure Sheriff Gusman backed down, disappeared into a back room in his office, and spoke to his lawyers. He immerged minutes later saying ICE would not appear at the courthouse.

Shortly thereafter, the Judge ordered Mr. Ocampo released. In a conversation before press Sheriff Gusman publicly committed to meet with the New Orleans Workers’ Center for Racial Justice and the Congress of Day Laborers to talk about immigrant detainees and constitutional rights issues in OPP. “There are many more like me in there”, said Mr. Ocampo, “many more whose rights are being violated who don’t know when they are going to come out. I will dedicate myself to working on their behalf.”

Community Demands Immediate Release of Antonio Ocampo after 97 Days in Illegal Detention in OPP

From our friends at the New Orleans Workers' Center for Racial Justice:
Federal Judge Hauls Sheriff Gusman To Court After Immigrant Detainee Sues Over Illegal Custody

A federal judge ordered U.S. Marshalls to serve papers on Sheriff Marlin Gusman this morning, demanding that he attend a court hearing today to defend his detention of Antonio Ocampo. Mr. Ocampo sued Sheriff Gusman Friday afternoon, reporting that he had been held in illegal detention for 95 days, in violation of the U.S. Constitution.

Community members will stage a protest at Sheriff Gusman’s offices at 1:30 pm today, demanding that he release Mr. Ocampo in advance of the court hearing.

Mr. Ocampo filed five separate official grievance forms in Orleans Parish Prison (OPP) to report his illegal detention. “I gave each written complaint to an official at the prison, he said. “I never got any response.” Constitutional experts said the Sheriff violated Mr. Ocampo’s Fourth, Fifth, and Fourteenth Amendment rights. Mr. Ocampo filed a petition for writ of habeas corpus in federal court Friday even as he continued to languish at OPP.

“We will confront Sheriff Gusman directly to demand that he release Antonio Ocampo to the community,” said Jacinta Gonzales, Lead Organizer with the Congress of Day Laborers. “Antonio Ocampo has been in illegal detention for close to 100 days. Sheriff Gusman has violated the Constitution. We won’t let him deport the evidence.”

The judge has ordered Sheriff Gusman to appear in court with Mr. Ocampo at 3 pm today. Members of Mr. Ocampo’s community will hold a press conference at Sheriff Gusman’s office at 1:00 pm, demanding he release Mr. Ocampo in compliance with U.S. law.

WHAT: Press conference and protest aimed at Sheriff Marlin Gusman.

WHY: To demand the immediate release of Mr. Antonio Ocampo, on his 98th day in illegal custody at the hands of Sheriff Marlin Gusman.

WHERE: Office of Sheriff Marlin Gusman, 819 South Broad Street, 70119

WHEN: 1 pm, Monday, November 15, 2010.

WHO: Congress of Day Laborers, New Orleans Workers’ Center for Racial Justice, and citizens in defense of the U.S. Constitution.

Coalition Concerned with Lack of Transparency on OPP Expansion Plan

From our friends at the Orleans Parish Prison Reform Coalition:
The Orleans Parish Prison Reform Coalition (OPPRC), a varied group of individuals and organizations from all over the New Orleans community, is concerned by the lack of transparency from the Criminal Justice Working Group, a Mayoral-appointed body charged with evaluating Sheriff Marlin Gusman’s plan to expand the Orleans Parish Prison.

The OPPRC has expressed three key reservations about the Working Group’s process:

1) Lack of attention and opportunity for public input, lack of transparent process. After months of deliberations and with minimal input from the New Orleans community, two public hearings have finally been scheduled to generate community input about the OPP expansion plan. However, the planning for these public hearings has been logistically disorganized—from the lack of timely public notification, to a last minute change of date, to indeterminate venues—and the public has not had access to information such as published proposals, updated budgets, blueprints, designs and regular progress reports. This disorganization and lack of information reduces the opportunity for a cross-section of the population to provide input about a project that could cost taxpayers as much as $250,000,000. Additionally, the OPPRC is concerned that the public will not have an opportunity to review and give input to the recommendations of the Working Group before these recommendations are turned over to the Mayor.

2) The Working Group does not have essential information required to make an informed opinion. The OPPRC contends that it is unacceptable that a publicly funded project that would directly affect the lives of thousands of people could advance without basic information about the jail’s construction cost, financing, operating costs, total prisoner capacity, and use of capacity upon completion. The Working Group has not been provided, or has yet to disclose, an explanation on the total number of prisoners by group the project intends to incarcerate. It is still unclear as to whether the jail will house state or federal prisoners and if so, how many. Further, with NOPD Superintendent Ronal Serpas’ recent announcement that the NOPD will no longer arrest people with outstanding warrants for non-violent offenses, there is an expected decrease in prisoner length of stay. There has been little consideration, if any, of data on jail sizes in comparable cities around the country, nor has any alternative to the Sheriff’s proposal been sought. The Working Group must factor into its recommendations specific figures related to arrest procedures, prisoner classification, national best practices and prison size. This information is crucial if the Working Group is to make informed and reliable recommendations on the efficacy of the proposed OPP expansion.

3) There is not enough time for the Working Group to deliberate. The Working Group plans to issue its recommendations on the OPP expansion project on November 22nd, 2010. This timeline does not allow the Working Group to generate sufficient public input nor does the timeline engender public trust in the Working Group’s capacity to incorporate the basic information necessary to make informed recommendations.

The OPPRC calls for a third public hearing with at least two weeks public notice and confirmed date, times, and venue before the Working Group submits its recommendations to Mayor Landrieu. Additionally, in preparation for this meeting, the public should have access to up-to-date planning and financial documents, proposals, and reports, including the recently completed “Jail Population Projections Study Base Projection and Alternatives” report furnished by Dr. James Austin.

ACLU of LA Seeks Sheriff's Records Related To FEMA Funding Of Orleans Parish Prison Expansion

From our friends at the ACLU of Louisiana:
Following up on last week's post about a Freedom of Information Act request filed with FEMA, the American Civil Liberties Union yesterday submitted a similar request to Sheriff Marlin Gusman. The FOIA request seeks public records concerning the resources allocated by FEMA for the proposed expansion of the Orleans Parish Prison (OPP).

Despite his plans to dramatically expand the capacity of OPP to 5,800 prisoners, Orleans Parish Sheriff Marlin Gusman has provided no documents showing the funding that he says is committed to the project. Although Sheriff Gusman asserts that the project will be underwritten by FEMA, he has never disclosed the extent of FEMA funds or the conditions imposed upon those funds.

“The public still has no idea where the hundreds of millions of dollars needed to expand the prison is coming from,” said Marjorie Esman, Executive Director of the ACLU of Louisiana. “We've asked FEMA for their records, but Sheriff Gusman must account to New Orleans residents so we will know what we will have to pay for his planned expansion. Without that information we can't know whether the money will be well spent.”

Among other things, the ACLU asks for plans or proposals concerning the demolition, rebuilding, repair or expansion of OPP and documents related to funds FEMA has allocated or disbursed for such projects as well as how the use of those funds might be restricted.

The proposed new size of OPP would be large enough to incarcerate one out of every 60 residents of New Orleans. Yet outside experts have shown that the jail's size could easily be reduced if New Orleans were to adopt commonsense criminal justice policies like expanding pre-trial release options, providing community service sentencing, and setting more appropriate and cost-effective sanctions for minor municipal offenses.

New Orleans residents have expressed mounting concerns during the past year about whether this massive expansion of OPP is warranted. These concerns prompted the New Orleans City Council to postpone in July final approval of Gusman’s expansion plans until a special working group convened by Mayor Mitch Landrieu determines the optimal size for OPP. The working group is expected to release its findings in late November.

“We continue to seek independent scrutiny of Sheriff Gusman’s plans, as well as full disclosure of all of the information,” Esman said. “The public simply doesn't know where the money will come from and whether there are strings attached to it. The people of New Orleans deserve to know how much this will cost. Now may be the final window of opportunity to access that information.”

A copy of the ACLU’s request is available online at this link.

ACLU Seeks FEMA Records Related To Proposed Expansion Of Orleans Parish Prison

From our friends at the ACLU of Louisiana:
Increasing Already Excessive Capacity Of Prison Could Be Waste Of Taxpayer Money

The American Civil Liberties Union today filed a Freedom of Information Act (FOIA) request with the Federal Emergency Management Agency (FEMA) to determine what resources it has allocated to the proposed expansion of the Orleans Parish Prison (OPP).

Despite his plans to dramatically expand the capacity of OPP to 5,800 prisoners, Orleans Parish Sheriff Marlin Gusman has provided no documents showing the funding that he says is committed to the project. Although Sheriff Gusman asserts that the project will be underwritten by FEMA, he has never disclosed the extent of FEMA funds or the conditions imposed upon those funds.

“There is a massive expansion planned for OPP yet the public has no idea where the hundreds of millions of dollars needed to expand the prison is coming from,” said Marjorie Esman, Executive Director of the ACLU of Louisiana. “We need a better understanding of the source of the funds, how much the City of New Orleans will have to pay, and whether there are better ways to put this kind of money to use. To do that we need more information.”

Among other things, the ACLU’s FOIA request seeks the disclosure of any plans or proposals concerning the demolition, rebuilding, repair or expansion of OPP and any documents related to funds FEMA has allocated or disbursed for such projects as well as how the use of those funds might be restricted.

The proposed new size of OPP would be large enough to incarcerate one out of every 60 residents of New Orleans. Yet outside experts have shown that the jail's size could easily be reduced if New Orleans were to adopt commonsense criminal justice policies like expanding pre-trial release options, providing community service sentencing, and setting more appropriate and cost-effective sanctions for minor municipal offenses.

New Orleans residents have expressed mounting concerns during the past year about whether this massive expansion of OPP is warranted. These concerns prompted the New Orleans City Council to postpone in July final approval of Gusman’s expansion plans until a special working group convened by Mayor Mitch Landrieu determines the optimal size for OPP. The working group is expected to release its findings in late November.

“Independent scrutiny of Sheriff Gusman’s plans is vital to this policy debate,” Esman said. “There is a lot of essential information about the planned expansion of OPP that we don't have. An important component is where the money will come from and whether there are strings attached to it. At a time when the City of New Orleans is struggling for resources, the public deserves to know how much this will cost. Now may be the final window of opportunity to access that information.”

A copy of the ACLU’s FOIA request is available online at this link.

Sheriff Gusman Unveils Plans to Expand Largest per Capita Jail in the US

From Our Friends at the ACLU of Louisiana:

The ACLU of Louisiana calls on the New Orleans City Council to reject Sheriff Marlin Gusman’s plan to expand Orleans Parish Prison (OPP) to 5,832 beds, large enough for 1 bed for every 60 residents. OPP, currently being investigated by the U.S. Department of Justice, is already the largest per capita jail in the nation and the City’s own Planning Commission has recommended a smaller sized jail. The Sheriff’s request is scheduled to be heard by the Council this week.

The request comes on the heels of reports that the Sheriff misled the Mid-City Neighborhood Association (MCNO) during a recent meeting on the size of the proposed jail. In response to questions from Mid-City residents, the Sheriff informed the group that the new jail will have 4,500 beds; however, his filings with the City Planning Commission indicate that he plans to have 5,832 beds.

Additionally, the Sheriff has been unable or unwilling to reveal what types of crimes people in his jail are charged with. “The scary thing is that he can’t even tell us who he is housing in the jail. Public drunkenness? Marijuana possession? He simply won’t tell us or doesn’t know,” said Katie Schwartzmann, Legal Director for the ACLU of Louisiana.

What is known is that from January 2007 until June 2009, on average just 2.24% arrests in New Orleans were for violent felonies.3 86% of arrests were for misdemeanors, municipal, traffic violations, and other arrests. At the same time, roughly a third of the prisoners held at OPP are federal and state prisoners who have already been sentenced and should be held at state or federal facilities.

The size of the new jail would dwarf, per capita, the size of the largest jails in America. For example, compare the ratio of 1 bed for every 60 residents—Orleans Parish 2009 population of 354,850 with a jail with 5,862 beds—to:

“The Sheriff’s effort to increase the size of the jail is a classic power grab by a ‘good ole’ Louisiana politician.” says Marjorie Esman, Executive Director at the ACLU of Louisiana. “Having the largest jail in America has not made the city safer. Instead of helping the Sheriff build something that belongs in a totalitarian state, we hope the City will focus on violent crime and continue to create a pretrial detention policy that releases people who are not a threat to public safety.”