Three Correctional Officers at Louisiana State Penitentiary in Angola Sentenced for Abusing Inmate and Cover-Up

From a press release from the US Department of Justice

Three former correctional officers with the Louisiana State Penitentiary in Angola, Louisiana, were sentenced today before United States District Judge James J. Brady for the Middle District of Louisiana for abusing an inmate and engaging in conduct to cover up the criminal conduct.  Mark Sharp, 33, received 73 months.  Kevin Groom, 47, was sentenced to one year probation and a $500 fine.  Matthew Cody Butler, 29, received two years probation and a $3,000 fine.

According to court documents filed in connection with their guilty pleas, on January 24, 2010, defendants Groom, Sharp and Butler were on duty as correctional officials when they learned that an inmate had escaped from his assigned location.  Shortly after the defendants joined the search for the escapee, the inmate surrendered to prison officials. The inmate was handcuffed behind his back and placed in the back of a pick-up truck to be transported to the medical unit.  Groom, Butler, and Sharp escorted the inmate on the back of that truck.  During the drive to the medical unit, Sharp repeatedly struck the inmate with an baton.  During the ensuring investigation of the inmate’s complaint that officers had abused him, Groom and Butler engaged in various conduct to cover up the assault.

Sharp pleaded guilty to violating the civil rights of the inmate and to making false statements to the FBI.  Groom pleaded guilty to falsifying records in a federal investigation and making false statements to the FBI.  Butler pleaded guilty to misprision of a felony.

Another former officer, Jason Giroir, also pleaded guilty on May 29, 2013, to falsifying a report and making a false statement to the FBI.  He will be sentenced separately on January 29, 2015.

“The vast majority of American law enforcement officers conduct themselves with honor,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “But when law enforcement officers abuse inmates and attempt to cover-up their misconduct, the Department of Justice stands ready to hold those officers accountable for their conduct.”

“It is unfortunate that the defendants’ criminal activities threaten to overshadow the courageous and outstanding work performed every day by the vast majority of law enforcement officers, both inside and outside the penal system,” said U.S. Attorney J. Walter Green for the Middle District of Louisiana.

“This thorough and patient investigation  not only resulted in the full accountability of all correctional officers involved, but also demonstrated unwavering adherence to the procedural rights of the victim and accused,” said Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Office.

The investigation in this matter was conducted by Special Agent Taneka Harris of the Federal Bureau of Investigation and prosecuted by Civil Rights Division Trial Attorney AeJean Cha and Assistant U.S. Attorney Robert W. Piedrahita.

Louisiana State Representative Austin Badon Announces He Wants to Engage in Sex Trafficking

Louisiana state representative Austin Badon (a Democrat representing New Orleans East) is the sponsor of House Bill 1158, which he says was written at the direction of local law enforcement, to further penalize solicitation, whether it is panhandling, prostitution, or hitchhiking. According to an article on nola.com, Badon said that police "needed something to be able to stop (prostitutes), question them and find out what they're doing."

The proposed law has already received national attention for the mean-spirited way it targets the poorest people in our communities. The website ThinkProgress noted:

The bill’s author, State Rep. Austin Badon (D), told Post TV that he hoped that banning begging will somehow lead to fewer poor people on the streets. He doubted that many were in actual need, saying, “they’re paying their cell phone bills, they’re paying their computer bills. It’s a racket.” Badon is echoing a familiar trope — that panhandlers are living large from others’ charity. But it’s not based on any actual research. In fact, a major study of panhandlers in San Francisco last year found just the opposite: the vast majority make $25 a day ($9,125 per year) or less. That meager income is largely used to eat. Nearly every beggar — 94 percent — said they used the money they receive for food; less than half used it for drugs or alcohol.

But giving police new tools to harass the poor and desperate is just one aspect of the bill. According to nola.com, Badon also bragged that his bill would allow for sex workers to be "hassled by the cops," forcing them to move to another place or another state.

This statement by Badon that he seeks to force women to cross state lines should cause concern for many reasons. One definition of trafficking is forcing someone to cross state lines to engage in prostitution. From his statement, it seems this is Badon's intention - and that he intends to use the force of the state of Louisiana to back up his scheme.

This is not the first time police have been used to force sex workers to cross state lines. In a famous case in Washington, D.C. in 1989, police rounded up sex workers and forced them to march to the Virginia state line, until a couple of Washington Post reporters spotted them, at which point the police ran off.

A 2008 report called Move Along: Policing Sex Work in Washington, D.C. highlighted the way in which policies like "prostitution free zones" end up harming those already at the margins, and "pose serious threats to health and safety of community members identified or otherwise targeted as sex workers." Louisiana has already become notorious for targeting and harassing sex workers by making them register as sex offenders (a practice that finally ended last year), conducting mass arrests, and increasing criminal penalties.

It seems Rep. Badon has declared this to be "attack and dehumanize women week." He also has been pushing a bill, HB 1274 that, according to one recent article:

Would allow the state to prohibit a family from ending medical treatment for a comatose or incapacitated pregnant woman. Badon's bill would bar the removal of a pregnant woman from life support if the obstetrician examining her “determines that the pregnant woman's life can reasonably be maintained in such a way as to permit the continuing development and live birth of the unborn child.” If it becomes law, this bill would mandate that a brain-dead pregnant woman remain on life support for the rest of her pregnancy, regardless of her family’s wishes or how far along the pregnancy is. This could mean up to 40 weeks of a loved one remaining on life support.

We hope Badon and the Louisiana legislature will reconsider their plan to make life worse for those already living on the edge.

Protests This Week Show Dissent on New Orleans Criminal Justice System

Two upcoming protest marches have revealed divisions among New Orleanians in their views of police and the criminal justice system. Organizers of an LGBT March and Rally Against Hate and Violence, scheduled for this Wednesday at 8:00pm, and Slutwalk New Orleans, scheduled for this Saturday at 10:30am, have both advertised and embraced a police presence as part of their events, bringing criticism from other activists.

The facebook description of the LGBT March announces that the New Orleans police "will be there to escort us and protect us." The full description reads:

Please join us for a rally and a march to show the presence of the LGBT community in the French Quarter. As I am sure many of you know, there have been several recent anti-gay hate crimes in New Orleans and especially in the French Quarter and the Marigny. There have been many robberies as well. It is time that we start to show our connection to our community. We need people to see that we are united in our commitment to each other. We need them to know that if someone in our community has been victimized that we are there to support each other, either by getting people to report crimes that have been committed or by helping them to report the crimes if they feel that cannot do it on their own. During this march, the NOPD will be there to escort us and protect us. This is a great opportunity to get to know your local police. I encourage signage and your presence to show that we can be united and that it is the responsibility of us all to overcome these crimes in our neighborhood. So please join us on a walk through the French Quarter starting at the entrance to Armstrong Park at the corner of N. Rampart and St Ann.

In response, activists - including members of New Orleans Black & Pink, Critical Resistance, and other local organizations - have organized a rally with a more critical view of the police. They have released a statement that notes the harm done by law enforcement.

Our home is the incarceration capital of the world. One in 86 adult Louisiana residents is in prison. Approximately 5,000 African-American men from New Orleans are in state prisons, compared to 400 white men. Our city jail, Orleans Parish Prison, is a site of rape and violence that a Human Rights Watch report called "a nightmare" for LGBTQ individuals. Incarceration has not made us safer as a community— and in fact does not deter crime. When our community members are locked away, it tears at the social fabric that holds our community together. Children grow up without parents at home, lovers long for their partners, and groups miss their members.  

These activists have organized an alternate march and rally, called the LGBTQ March and Rally For Safety In Solidarity, aimed at presenting a different path towards community safety.

Supporting each other in the face of violence does not have to take the form of reporting to police. Community safety comes from solidarity and liberation. It comes from ensuring that all people have access to basic necessities such as food, shelter, employment, and education. We hope that through dialogue we can address concerns of all members of our community and arrive at empowering solutions together.

This division in the LGBTQ community is not new. Writing in the book Captive Genders, Morgan Bassichis, Alexander Lee and Dean Spade discussed the participants in the Stonewall Rebellion, who rioted against police:

Could these groundbreaking and often unsung activists have imagined that only forty years later the "official" gay rights agenda would be largely pro-police, pro-prisons, and pro-war - exactly the forces they worked so hard to resist? Just a few decades later, the most visible and well-funded arms of the "LGBT movement" look much more like a corporate strategizing session than a grassroots social justice movement. There are countless examples of this dramatic shift in priorities. What emerged as a fight against racist, anti-poor, and anti-queer police violence now works hand in hand with local and federal law enforcement agencies, district attorneys are asked to speak at trans rallies, cops march in Gay Pride parades. The agendas of prosecutors - those who lock up our family, friends, and lovers - and many queer and trans organizations are becoming increasingly similar, with sentence- and police-enhancing legislation at the top of the priority list. Hate crimes legislation is tacked onto multi-billion dollar "defense" bills to support US military domination in Palestine, Iraq, Afghanistan, and elsewhere. Despite the rhetoric of an"LGBT community," transgender and gender-non-conforming people are repeatedly abandoned and marginalized in the agendas and priorities of our "lead" organizations.

Saturday's "Slutwalk"is part of an international movement against rape culture. The movement began in Toronto, in response to statements from police officers that placed blame on women, and their their outfits or behavior, for being raped. Despite its goals and history, the movement has often been criticized for using language that excludes women of color. Shortly after the movement began, Canadian organizer Harsha Walia wrote this analysis:

Slutwalk runs the risk of facilitating the dominant discourse of ‘liberated’ women as only those women wearing mini-skirts and high heels in/on their way to professional jobs. In reality, capitalism mediates the feminist façade of choice by creating an entire industry that commodifies women’s sexuality and links a woman’s self-esteem and self-worth to fashion and beauty. Slutwalk itself consistently refuses any connection to feminism and fixates solely around liberal questions of individual choice – the palatable “I can wear what I want” feminism that is intentionally devoid of an analysis of power dynamics.

The history of Slutwalk as a mostly white movement that excludes women of color is also highlighted by the timing and location of this year's march and rally. The rally begins at Congo Square at 10:30am. At the same place and time, an annual event called the Celebration of the African American Child is scheduled for the park, while just a few blocks away and a half hour earlier is an immigrants' rights march, sponsored by the New Orleans Congress Of Day Laborers.

On March 27, the organizer of New Orleans Slutwalk announced that law enforcement would be part of the event.

I am so super, special, extra excited to announce that representatives from several departments of the ‪#‎NOPD‬, and quite possibly other law enforcement agencies, will be joining us prior to the walk to discuss crime prevention and victims assistance in New Orleans!!!! For those of you who know the history of the SlutWalk movement...this is HUGE! HUGE!!!!!

While no counter protest has been planned for Slutwalk, this announcement brought responses similar to those expressed by critics of the LGBT march and rally. One commentator wrote, "the presence of the NOPD is offensive, threatening and problematic... Feminist politics without a racial/class analysis is not in fact feminist." The NOPD has been criticized in the past year for statements that blame women for sexual assault, and NOPD officers have frequently been charged with committing sexual assaults.

In response to online criticism, the Slutwalk organizer wrote:

I don't need to be "schooled" on feminism or why some might be offended or disturbed by the presence of law enforcement. I am well aware of the distressing behavior and actions of many within the NOPD and other agencies in this city. What I DO know is that as SlutWalk started because law enforcement failed the community, establishing dialogue with the police in this city is a starting point. Do I expect their presence to magically do away with racism, transphobia, sexism, misogyny, or any other issues we have with law enforcement? No. But I do know that without dialogue, none of those issues will ever be addressed.

Solidifying the links between these marches, today the organizer of the Slutwalk march posted a facebook invitation to the LGBT March and Rally Against Hate and Violence.

The conflicts revealed in these demonstrations are not new, but in the context of gentrification and displacement, a culture of police violence and an out of control city jail, they come at a time in our city when these issues evoke particular pain and passion. Organizers of the LGBTQ March and Rally For Safety In Solidarity do not see themselves as protesting the other march, but rather "calling in," to build a safer community without the devastating effects of the prison industrial complex.

Statement From LGBTQ March and Rally For Safety In Solidarity

For more information on the reasons for this statement, see this link.

As members of the LGBTQ community in New Orleans, we support the safety and well-being of our community and of all New Orleanians. We believe that increased police presence and the continuing expansion of the prison-industrial complex is not the way to make our community safer.

The LGBT March and Rally Against Violence to be held Wednesday, April 2 calls for strategies that put our community members at more risk, not less. From Compton's Cafeteria riots and the  Stonewall Rebellion in the 1960s to the work of contemporary groups such as INCITE!: Women, Gender Non-Conforming, and Trans People of Color* Against Violence, Critical Resistance, Women with a Vision, BreakOUT!, and Black & Pink, LGBTQ people have taken stands against police violence and harassment. Increasing police involvement in our community threatens the safety of many of us.  

We ask that the goals of your march be changed to call for real safety for all of us through solidarity, rather than false solutions of policing and jails. We are also calling for dialogue with the march organizers and the wider LGBTQ community.

Policing, surveillance, and imprisonment target specific groups of people: people of color, transgender, genderqueer and gender-nonconforming people, street youth, and sex workers. The state of Louisiana still has a "Crime Against Nature" law on the books, and this law is used against the LGBTQ community, including in Baton Rouge where police were found to be using this law to target gay men. In New Orleans, 82 people have been charged with "Solicitation of a Crime Against Nature" in the last two years, resulting in a felony conviction with required sex offender registration. This law, which unjustly criminalized in large numbers low-income Black women and transgender women of color, was challenged by Women With a Vision and the Center for Constitutional Rights, who won a victory in 2012 that removed approximately 700 individuals from the sex-offender registry.

A 2010 study published in the journal Pediatrics found that in our schools, LGBTQ youth are more likely to be suspended, arrested and imprisoned. The report published by the Juvenile Justice Project of Louisiana, Locked Up & Out: LGBTQ Youth and Louisiana’s Juvenile Justice System, shares the stories of what happened to many of these young people in Louisiana.

A 2012 study by the National Coalition of Anti-Violence Programs found that transgender individuals experience three times as much police violence as non-transgender individuals, and those numbers are even higher for transgender people of color. In New Orleans, organizations such as BreakOUT! and Women With A Vision have documented patterns of discrimination from the NOPD against the LGBTQ community, including rampant police profiling and threats of using condoms as evidence of prostitution, especially against transgender women of color.

Here in New Orleans, the US Department of Justice found that the New Orleans Police Department (NOPD) has discriminatory practices against the LGBTQ community and specifically addressed these issues in the Federal Consent Decree. This followed organizing by LGBTQ youth of BreakOUT! in their campaign, “We Deserve Better.” The campaign also resulted in the adoption of Policy 402 on the 44th Anniversary of the Stonewall riots, which prohibits the profiling of people on the basis of gender identity, gender expression, and sexual orientation. These victories only came after years of grassroots organizing by LGBTQ youth, and yet with continued police harassment, much more remains to be done. 

Our home is the incarceration capital of the world. One in 86 adult Louisiana residents is in prison. Approximately 5,000 African-American men from New Orleans are in state prisons, compared to 400 white men. Our city jail, Orleans Parish Prison, is a site of rape and violence that a Human Rights Watch report called "a nightmare" for LGBTQ individuals. Incarceration has not made us safer as a community— and in fact does not deter crime. When our community members are locked away, it tears at the social fabric that holds our community together. Children grow up without parents at home, lovers long for their partners, and groups miss their members.  

Policing and incarceration is also a tool of gentrification and displacement, adding to a hostile environment for working class African-American residents still recovering from Hurricane Katrina. We can look to the examples of the controversies in Chicago's Boys Town neighborhood and New York City's West Village. In Boys Town, perceived increase in violence led to white gay men calling for more police patrols, and in doing so the LGBTQ youth of color who hung out near the community center in the neighborhood were unfairly targeted by the increased police. That effort did not support the unity of the LGBTQ community. A similar situation evolved in the West Village in New York City, where residents, many of whom were white, affluent gay men, responding to incidents of violence, pushed for Quality of Life policies. FIERCE, an LGBTQ youth of color organization, has campaigned against these policies, stating: "To this day, LGBTQ youth who go to the pier have reported sharp increases in police harassment, false arrest and racial and gender profiling - usually for just being in the neighborhood...This emphasis on policing drew massive resources from other social services and education that have the potential to actually address poverty and safety. In fact, under Giuliani and continuing through the years of the Bloomberg administration, the only 'public service' that increased funding was 'criminal justice.'"

Here in New Orleans, we've already begun to see the impact of massive gentrification projects on low-income LGBTQ communities of color. The targeting of transgender women on Tulane Avenue by the NOPD continues to put some of our city's most vulnerable populations at even greater risk for violence and danger. For many LGBTQ communities of color, increased policing and increased use of surveillance equipment means increased risk of harm.

Supporting each other in the face of violence does not have to take the form of reporting to police. Community safety comes from solidarity and liberation. It comes from ensuring that all people have access to basic necessities such as food, shelter, employment, and education. We hope that through dialogue we can address concerns of all members of our community and arrive at empowering solutions together.

Signed:

BreakOUT! 

Women With A Vision 

Critical Resistance - New Orleans 

Black & Pink - New Orleans 

Safe Streets Strong Communities 

Equality Louisiana

Trystereo - New Orleans Harm Reduction Network 

Louisiana Trans Advocates

European Dissent

Queerspiracy
Occupy NOLA

Orleans Parish Prison Reform Coalition Blocks Jail Entrance - Calls For Urgent Action in Response to Jail Conditions

From a press release from the Orleans Parish Prison Reform Coalition: 

Orleans Parish Prison Reform Coalition (OPPRC) members and supporters gathered today at 10:00am at the intersection of Tulane & Broad, and marched to the Intake & Processing Center at 730 S. Dupre St. where they partially blocked the jail entrance and called for a moratorium on admissions to a facility where conditions continue to be inhuman, unconstitutional and life-threatening. 

OPPRC suggests that the City needs to find other alternatives rather than continuing to house people in an “unsafe and violent jail” and called for urgent steps to be taken in an open letter to Susan Guidry and other members of the City Council's Criminal Justice Committee released on March 13, 2014. In the letter, OPPRC asserts that “We cannot simply continue to expose individuals who are in custody or individuals who work at the jail to these extremely dangerous conditions.” Within ten days of the letter's release another individual died in custody following a fight between prisoners in the jail's temporary housing unit known as "the tents."

OPPRC claims that the consent decree has not resulted in significant improvement in the conditions in the jail, citing the first report of the federal monitoring team which found that inmates in OPP “continue to experience severe problems with shoddy medical care, violence and a general attitude of apathy toward their grievances.”

OPPRC also is renewing its call for Mayor Landrieu to declare the jail to be in a state of emergency, thus triggering the release of persons held for minor, non-violent crimes.  “Many of the people currently in OPP pose zero risk to public safety- as evidenced by the fact that they would simply be released under hurricane evacuation conditions. Instead, they are held in OPP, on taxpayer’s money, where they are in danger of being beaten, raped, stabbed, or possibly even killed in the jail,” said Yvette Thierry. “We cannot in good conscience hold people subject to this dehumanizing violence. The City is responsible for their safety. The Mayor has the responsibility to stop this bloodshed.”

There have been 25 in-custody deaths in OPP since 2009, and up to 73 inmates a month are sent to the emergency room.

Call To Support Hunger Striker Outside Miami Immigration Detention Center

Activists from American Friends Service Committee (AFSC) in Florida have alerted us to this story:

A young woman named Jenny Aguilar is on day five of a hunger strike outside the Krome Detention Center, an immigration facility near where the city of Miami meets the Everglades.  She has been on a water-only fast since January 25, and has pledged to not eat until her husband Jesus Barrera is freed. Jesus was arrested at their home on January 16 by the Miami police and turned over immigration, and has also been on hunger strike since shortly after his arrest.

Jenny has pledged that she will not move until Jesus is freed. She asks supporters to call the Krome Detention Center at 305 207 2001, and ask them to free Jesus Barrera.

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

Police Harassment and Violence Against the Transgender Community

A shorter version of this article originally appeared on the Al Jazeera America website.

The modern gay rights movement was born on June 28, 1969, at the Stonewall Inn, on Christopher Street in New York City’s West Village. Resistance broke out in response to a violent police raid against the gay community, and riots continued for several days. Many of the key leaders were transgender women, such as Sylvia Rivera, who had started her activism during the 1950s civil rights movement and continued until her death in 2002.

More than 40 years later, even in a place long considered a haven for lesbian, gay, bisexual, and transgender (LGBT) people, many LGBT individuals are still living in fear of police violence. 

Advocates say the issues that ignited the Stonewall riots still are relevant today. Mitchyll Mora, a young activist, said police had harassed him for dressing feminine, and his friends for not fitting into narrow gender roles.

“Christopher Street is an historic location, and it's always been a haven for queer folks, especially young folks of color. But with gentrification, there's been aggressive policing here, and that's a really scary thing,” Mora told us. “It's scary when safe spaces are taken away from us.”

It’s not just in New York City. A 2012 study by the National Coalition of Anti-Violence Programs found that transgender people across the U.S. experience three times as much police violence as non-transgender individuals. Those numbers are even higher for transgender people of color. Even when transgender people were the victims of hate crimes, 48 percent reportedreceiving mistreatment from the police when they went for help.

Andrea Ritchie, an attorney specializing in police misconduct, told us that law enforcement sees policing gender roles as part of their work.

“I think most people are familiar with racial profiling,” she told us. “But I think people are less familiar with how gender is really central to policing in the United States. That includes expectations in terms of how women are supposed to look, how men are supposed to look, how women are supposed to act and how men are supposed to act. And when they see someone who isn't acting in a way that they think they should be acting around gender, or isn't expressing gender in a particular way, or who is visibly someone who is queer or gender or sexually nonconforming, they often read that as disorder and they often perceive that person as already disorderly, as already suspicious, as already prone to violence.”

Andrea told us of a recent of a transgender woman Oklahoma who had been charged with disorderly conduct just for standing in public, demonstrating the idea that officers often find people who undermine expectations of gender to be intrinsically disorderly.

Ritchie says this tendency goes back to the roots of policing. “The first police forces in the United States were colonial armies,” says Ritchie. “And their mission was to seize land and control the people who were inhabiting the land, the indigenous peoples of this land. Scholars like Andrea Smith talk about how obviously policing of race, and controlling where a native people could and couldn't go was central to that project. She also talks about how policing gender was central to that project. And to communities who didn't necessarily have the kinds of hierarchies and social power relations, that colonizers had, there was a necessity of creating hierarchies in order to rationalize colonization. If you created these lines between male and female, and then you said that the male should have power over the females, then it made it easier to introduce the idea that there's a great white father somewhere else who should have power over indigenous populations.”

Police Violence Against Transgender and Gender Nonconforming Individuals from Anon Videos on Vimeo.

Dean Spade, a law professor and founder of the Sylvia Rivera Law Project, a poverty law center that represents transgender people, agrees. “That's part of what policing is – is this kind of generalized suspicion,” he said. “Does something look out of place? And transgender people are often that thing that looks out of place.”

Transgender Americans are also more likely to be poor and homeless, because of discrimination in jobs, housing and access to social services.

“If we want to understand why trans people face such high rates of criminalization and incarceration, it helps to see how poverty feeds that," adds Spade. "So people are already more likely to be poor because of job discrimination, because of not being able to access social services or homeless shelters. If you are poor and you can't access those things you're more likely to be poor and on the street which puts you in the path of the police."
For transgender Americans, this cycle of poverty, homelessness and prison can start early, since many are rejected by their families as teenagers, and end up in foster care and the juvenile justice system. “Those systems are predictors for the adult punishment systems,” Spade said. “Let's say a young trans girl is placed in a boys' group home, and she doesn't feel safe there. She leaves, so she's possibly living on the street, doing whatever she can to get by. Then she ends up in the criminal justice system.”

More hate crime laws might seem like one way to better protect transgender Americans. But advocates point out that much of the violence trans communities face is at the hands of the police itself. “And so the notion that expanding that system’s power to punish will somehow save us is really harmful,” Spade explained.

Advocacy organizations are working to change the discrimination LGBT people face. The group TransJustice, for example, trains transgender New Yorkers on their on their rights in interactions with police.

But it isn’t just the police who have attitudes that hurt the LGBT community, advocates told us. The media is guilty too. One example advocates gave was the case of the Jersey Four.

In 2006, a group of black lesbians from New Jersey were arrested for stabbing a man on Sixth Avenue in the West Village.

The women said a man, Dwayne Buckle, made crude sexual advances that they rejected, telling him they were lesbians. In response, they said, he spat at them and tried to choke two of the women. The women say they fought back in self-defense.

“The police responded to the scene and read the women not as people who were survivors of a violent attack, but as perpetrators of violence,” Ritchie told America Tonight. “This was because they were young, because they were black, because they were gender nonconforming.”

In 2007, four of the women were convicted of gang assault. The following year, two of those convictions were overturned.

We spoke to two members of the Jersey Four, Patreese Johnson, who served almost eight years in prison, and Renata Hill, whose assault conviction was vacated. Looking at these women, it was hard to imagine the severe sentences they had received. Patreese is under five feet tall hardly seems threatening. They described a legal system stacked against them from the beginning. They said the police immediately profiled them as criminals, a newspaper called them “killer lesbians,” Fox News called them a lesbian gang, and the prosecutor called them animals.

“Now this is a group of girls who never had any criminal history,” said Hill. “Who was in school and college, working, family, with our own apartments, everything. And none of that was spoken about.”

No reporter tried to reach out to their attorneys to try to get their story, according to Johnson. “What they had was off of assumptions in the police reports,” she said. “None of our statements were considered, so we were automatically found guilty throughout the media.”

“Good girls don't defend themselves. Good girls don't walk on the streets at night,” says Ritchie. “Those are the kinds of perceptions and gender norms that are being policed in those moments.”

PHOTO ABOVE: Alasia Farell, a young woman interviewed as part of this story.

RIP Herman Wallace - The Muhammad Ali of the Criminal Justice System

From the Angola 3 Newsletter.


This morning we lost without a doubt the biggest, bravest, and brashest personality in the political prisoner world.  It is with great sadness that we write with the news of Herman Wallace's passing.

Herman never did anything half way.  He embraced his many quests and adventures in life with a tenacious gusto and fearless determination that will absolutely never be rivaled.  He was exceptionally loyal and loving to those he considered friends, and always went out of his way to stand up for those causes and individuals in need of a strong voice or fierce advocate, no matter the consequences.

Anyone lucky enough to have spent any time with Herman knows that his indomitable spirit will live on through his work and the example he left behind.  May each of us aspire to be as dedicated to something as Herman was to life, and to justice.

Below is a short obituary/press statement for those who didn't know him well in case you wish to circulate something.  Tributes from those who were closest to Herman and more information on how to help preserve his legacy by keeping his struggle alive will soon follow.

On October 4th, 2013, Herman Wallace, an icon of the modern prison reform movement and an innocent man, died a free man after spending an unimaginable 41 years in solitary confinement.

Herman spent the last four decades of his life fighting against all that is unjust in the criminal justice system, making international the inhuman plight that is long term solitary confinement, and struggling to prove that he was an innocent man.

Just 3 days before his passing, he succeeded, his conviction was overturned, and he was released to spend his final hours surrounded by loved ones.  Despite his brief moments of freedom, his case will now forever serve as a tragic example that justice delayed is justice denied.

Herman Wallace's early life in New Orleans during the heyday of an unforgiving and unjust Jim Crow south often found him on the wrong side of the law and eventually he was sent to the Louisiana State Penitentiary at Angola for armed robbery.  While there, he was introduced to the Black Panther's powerful message of self determination and collective community action and quickly became one of its most persuasive and ardent practitioners.

Not long after he began to organize hunger and work strikes to protest the continued segregation, endemic corruption, and horrific abuse rampant at the prison, he and his fellow panther comrades Albert Woodfox and Robert King were charged with murders they did not commit and thrown in solitary.

Robert was released in 2001 after 29 years in solitary but Herman remained there for an unprecedented 41 years, and Albert is still in a 6x9 solitary cell.

Herman's criminal case ended with his passing, but his legacy will live on through a civil lawsuit he filed jointly with Robert and Albert that seeks to define and abolish long term solitary confinement as cruel and unusual punishment, and through his comrade Albert Woodfox's still active and promising bid for freedom from the wrongful conviction they both shared.

Herman was only 9 days shy of 72 years old.

Services will be held in New Orleans. The date and location will be forthcoming.

For more information visit angola3.org and angola3news.blogspot.com.

Half Ounce of Pot Gets Louisiana Man Twenty Years in Prison, By Bill Quigley

While Colorado and Washington have de-criminalized recreational use of marijuana and twenty states allow use for medical purposes, a Louisiana man was sentenced to twenty years in prison in New Orleans criminal court for possessing 15 grams, .529 of an ounce, of marijuana.

Corey Ladd, 27, had prior drug convictions and was sentenced September 4, 2013 as a “multiple offender to 20 years hard labor at the Department of Corrections.” 

Marijuana use still remains a ticket to jail in most of the country and prohibition is enforced in a highly racially discriminatory manner.  A recent report of the ACLU, “The War on Marijuana in Black and White,” documents millions of arrests for marijuana and shows the “staggeringly disproportionate impact on African Americans.”  

Nationwide, the latest numbers from the FBI report that over 762,000 arrests per year are for marijuana, almost exactly half of all drug arrests. 

Even though blacks and whites use marijuana at similar rates, black people are 3.73 times more likely to be arrested for possession of marijuana than white people.   

For example, Louisiana arrests about 13,000 people per year for marijuana, 60% of them African Americans.  Over 84 percent were for possession only.   While Louisiana’s population is 32 percent black, 60 percent of arrests for marijuana are African American making it the 9th most discriminatory state nationwide.  In Tangipahoa Parish, blacks are 11.8 times more likely to be arrested for marijuana than whites and in St. Landry Parish the rate of black arrests for marijuana is 10.7 times as likely as whites, landing both parishes in the worst 15 in the country.   

In Louisiana, a person can get up to six months in jail for first marijuana conviction, up to five years in prison for the second conviction and up to twenty years in prison for the third.   In fact, the Louisiana Supreme Court recently overturned a sentence of five years as too lenient for a fourth possession of marijuana and ordered the person sentenced to at least 13 years.

Jack Cole of Law Enforcement Against Prohibition (LEAP) argues that “the “war on drugs” has been, is, and forever will be, a total and abject failure.  This is not a war on drugs, this is a war on people, our own people, our children, our parents, ourselves.” LEAP, which is made up of thousands of current and former members of the law enforcement and criminal justice communities, has been advocating for the de-criminalization of drugs and replacing it with regulation and control since 2002.

Arrests and jail sentences continue even though public opinion has moved against it.  National polling by the Pew Research Center show a majority of people support legalizing the use of marijuana.   Even in Louisiana, a recent poll by Public Policy Polling found more than half support legalization and regulation of marijuana. 

Karen O’Keefe, who lived in New Orleans for years and now works as Director of State Policies at the Marijuana Policy Project, said "A sentence of 20 years in prison for possessing a substance that is safer that alcohol is out of step with Louisiana voters, national trends, and basic fairness and justice.  Limited prison space and prosecutors' time should be spent on violent and serious crime, not on prosecuting and incarcerating people who use a substance that nearly half of all adults have used."

Defense lawyers are appealing the twenty year sentence for Mr. Ladd, but the hundreds of thousands of marijuana arrests continue each year.   This insanity must be stopped.

Bill teaches at Loyola University New Orleans and volunteers with the Center for Constitutional Rights. You can reach Bill at quigley77@gmail.com.

Image above from New Orleans Indymedia.

Women With A Vision and BreakOUT! Respond to Times-Picayune’s “Uneasy Street”

The Times-Picayune/nola.com’s six articles and one video (and counting) about Tulane Avenue, dubbed “Uneasy Street,” are an unfortunate example of glorified and sensationalized media reporting that leads to increased criminalization of marginalized communities, rather than solutions.

As staff of Women With a Vision and BreakOUT!, two organizations that work to promote safer, healthier communities in New Orleans for women and LGBTQ communities, including youth and transgender women, we hope that the Times-Picayune will consider releasing another video with a more humane approach to people involved in (or assumed to be involved in) street economies along Tulane Avenue.

The video we are referencing claims that once sun sets along Tulane Avenue, “An even darker world emerges.” We agree. There is a darker side to Tulane Avenue. But it’s not the one shown.

It’s the stories of mothers, daughters, friends, and wives struggling to survive in a city that has offered them little resources. It’s women dealing with substance abuse or addiction. It’s women who cannot be hired by traditional employers simply because they are transgender. It’s the women who have been too busy struggling to be able to get a formal education to make them employable. It’s the stories of human beings, worthy of dignity, respect, and far more than this series of articles has afforded them.

This kind of sensationalized reporting has put these women at even greater risk for harm. Did you ever consider what might happen to the women whose faces you showed? Did it ever occur to you that one might be working 2 or more jobs, and still have to turn to the streets just to provide for their families? Did it ever occur to you that some may have children at home? Did it ever occur to you that others may be fleeing a violent relationship or have been kicked out of the home at a young age for being transgender? We ask these questions not so that you feel sorry for these women, but that you might recognize and see their humanity.

Rather than blaming the women struggling to survive in our city, we want the businesses along Tulane Avenue to afford our communities the same respect and decency they are asking for. To do so requires that we imagine more creative and restorative solutions to this “darker world.” The Director ofBreakOUT! attended a meeting of the Mid-City Business Association just recently, where store owners were discussing the problems they see along Tulane Avenue. During the question and answer period he asked, “Has anyone considered offering any of these women a job or any sort of job training at your business?” Not one person in the room could tell us the thought had ever crossed their minds. When media articles like this continue to give voice to the mischaracterization of transgender women as “men in dresses,” it should come as no surprise that transgender people feel marginalized and unwelcome in their own city.

To be clear: this problem is not unique to New Orleans. Nationally, transgender people have double the rate of unemployment and poverty, while also being disproportionately represented among homeless populations and those without access to healthcare (National Center for Transgender Equality, National Gay and Lesbian Taskforce.) Similarly, for black women, underemployment and employment discrimination remain core structural issue that contribute to systemic poverty, homelessness, and an array of health disparities, including HIV to cervical cancer. Nationally, women of color earn just 70 cents for every dollar paid to men and just 64 cents for every dollar paid to white, non-Hispanic men (US Census Bureau).

The articles admit that many of those who stay in the motels along Tulane Avenue call them home. At Women With a Vision and BreakOUT! we understand that many of these individuals are young people who have left their homes and now live, the best they are able, in motels with up to 10 other girls at a time. Not all are engaged in the sex trade, however. Many have found a sense of community with one another, formed their own tightly-knit chosen families, and are doing more with their lives.

For the past two years, BreakOUT! has been working to stop discriminatory policing practices, particularly among LGBTQ youth of color and transgender young women, that prevents many of our young people from doing just that. We have made great strides in our campaign, called “We Deserve Better” and recently celebrated a victory in our campaign when the NOPD adopted a LGBTQ policy just last month. The policy states, among other things, that police officers cannot use gender identity or gender expression as probable cause or reasonable suspicion for a police stop or arrest. And yet in this video, we see our neighbors doing the exact same kind of profiling familiar to the NOPD when a young woman crosses the street in the middle of the afternoon.

And for the past five years, Women With a Vision has been working hard on the NO Justice! Campaign to combat the criminalization of women who have engaged in street-based survival sex work and, because of a Solicitation for Crimes Against Nature conviction, were required to register as sex offenders for periods of fifteen years to life. This campaign emerged from our more than twenty-year commitment to advancing the wellbeing of New Orleans’ most marginalized women and their families by challenging the policies and structures that make women have to choose between their daily survival and their long-term health. We made great strides – getting the law declared unconstitutional, removing women from the registry, and ensuring that the public understood how women’s lives had been destroyed by disproportionate sentencing. And yet, with this video and these articles, you have turned back the clock once again.

Increased criminalization of women, including transgender women, increased policing, increased use of surveillance equipment and security cameras, and increased demonification of women in the street economies will not make our City any safer. And it is putting our most vulnerable citizens at even greater risk. We continue to need increased access to employment, housing, education, and healthcare, including substance abuse treatment.

Even the NOPD recognizes the limitations of criminalization as Officer Ricky Jackson is quoted in the article, “You can’t arrest your way out of this situation.” Finally, the NOPD gets something right.

Women With a Vision and BreakOUT! are providing much-needed services and organizing for a better City. What then, is your role in this, nola.com? Will you now leverage your resources to help solve this problem in our city by reporting on novel community-led solutions for fostering economic justice, or will you continue to exasperate it by running sensationalist stories like this?

Deon Haywood, Women With a Vision 504.301.0428
Wesley Ware, BreakOUT! 504.473.2651

New Orleans Police Department Issues LGBTQ Policy on Anniversary of Historic Stonewall Riots Against Police Brutality

From a press release from BreakOUT!

After organizing for over two years, BreakOUT! members enjoyed a victory today in the New Orleans Police Department (NOPD) with the issuing of Policy 402, dealing with the treatment of members of the lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) community. 

The policy includes protocols for stopping and searching transgender individuals and mandates that officers be trained on issues pertaining to the LGBTQ community.  Most importantly, the policy specifically mandates that, Officers shall not use an individual's actual or perceived gender identity, or sexual orientation as reasonable suspicion or probable cause that an individual is or has engaged in any crime.  (NOPD Policy 402.4)

"While BreakOUT! is hopeful for the policy's implementation, we recognize that much more must be done to ensure the safety of queer and trans youth of color on the streets of New Orleans," said BreakOUT!Youth Organizer Derwin Wilright, Jr.

Members and organizers of BreakOUT! were disappointed in the lack of community engagement during the policy's development. While BreakOUT! secured a commitment from the NOPD in October 2012 to meet with members prior to the adoption of any LGBTQ policies after members testified about their experiences with the NOPD in front of City Council, it was not until March 2013 that BreakOUT! was invited to a meeting.  This meeting was only after BreakOUT! sent over 300 emails to Chief Ronal Serpas demanding that the NOPD keep their promise to LGBTQ youth in New Orleans. 

After receiving the first draft of the policy, BreakOUT! called for public meetings for the NOPD to solicit community feedback and engage community members in policing reforms.  BreakOUT! held a rally in front of NOPD headquarters to deliver a statement with signatures from over 15 organizational partners to call attention to racial and gender profiling and Stop & Frisk practices, including Orleans Parish Prison Reform Coalition. 

Although the NOPD refused BreakOUT!'s request for a public meeting, youth members solicited community feedback on the policy themselves and brought community members, including representatives from the Congress of Day Laborers, to the NOPD meeting with them.

All of this comes as the Department of Justice and City of New Orleans continue to battle over desperately needed federal oversight of the NOPD.  While these policies are a step in the right direction, BreakOUT! members say they are a far cry from the sweeping reforms needed to keep community members safe from  harmful and discriminatory policing practices in New Orleans.

It is notable that the policy was released on the 44th Anniversary of the historic Stonewall Riots, where queer and transgender youth of color and drag queens fought back against police brutality and police raids in Greenwich Village in New York.

"We can see that little has changed in the last four decades and BreakOUT! must continue the tradition of organizing for a safe and just city," said Milan Alexander,BreakOUT! Youth Organizer.  

Activist Profile: Marie Aubrey of VOTE-NOLA

This profile is republished from our friends at VOTE-NOLA:

How did you get involve with VOTE?
In June of 2012 I was listening to the WBOK morning show and Norris Henderson was on the radio talking about how to get prisoners released, and it was interesting to me. I remembered Norris’ name and so I called in to the station and he remembered me and said 
that he would call me right back off the air and when he did we spoke about helping my son, who is currently in prison. He spoke about VOTE over the air and so I asked about the organization and that is how I first heard about VOTE, started being a member and attending meetings.

Why did you get involved with VOTE?
I have a son that has been in prison almost 25 years now. He is in Angie Louisiana (Raven 66). The conversation that the men on the radio were having was very interesting to me. That is how I got to the meetings and when I got there I enjoyed the meetings and listening to what I heard.

What is your favorite aspect of VOTE?
There are quite a few things that I like that VOTE does, helping to try to get prisoners released, keeping up with the prisoners and helping them get work. I like the fact that VOTE is involved with many other organizations that do different things.

What do you think is the most important thing that VOTE does?
I think one of the most important things is that VOTE is trying to get certain laws that affect formerly incarcerated people changed to help them better their lives.

Has VOTE changed the way you see the criminal justice system or civic engagement? 
VOTE has changed the way I see the criminal justice system a lot. First of all I never knew anything about the justice system until my son who was sentenced wrong, went to prison. I never really knew much before then. VOTE has changed my mind about the way the criminal justice system work, because it doesn’t really work for Black people or poor people. I’ve never been in an organization like this before, so this is all fairly new and it feels good to know that we have someone else that is trying to do something to help you as well as other people.

What is something that you would like to see VOTE tackle in the future?
What I would like to see VOTE tackle is something to put Norris into some type of office that will push him in a higher position to help people that are incarcerated. He is a smart man that gets your attention when he speaks, and knows what he is talking about.

What is something that you like to do in your time outside of VOTE?
There is not a lot that I’m doing besides focusing on my son. I’ve been sick for some time now, so I don’t have a lot of energy, I do have more good days than bad days. Before I was sick, I liked going to the casinos, it was one of my pleasures. I liked playing the machines. I haven’t gone in a while though. Now I would love to help out VOTE any way that I can. I do love my garden and I go out there almost every day and find that it is very relaxing for me.