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

Katrina Pain Index 2012: 7 Years After, By Bill Quigley and Davida Finger

1          Rank of New Orleans in fastest growing US cities between 2010 and 2011.  Source: Census Bureau.

1          Rank of New Orleans, Louisiana in world prison rate.  Louisiana imprisons more of its people, per head, than any of the other 50 states.  Louisiana rate is five times higher than Iran, 13 times higher than China and 20 times Germany.  In Louisiana, one in 86 adults is in prison.  In New Orleans, one in 14 black men is behind bars.  In New Orleans, one of every seven black men is in prison, on parole or on probation.  Source: Times-Picayune.

2          Rank of New Orleans in rate of homelessness among US cities.  Source: 2012 Report of National Alliance to End Homelessness.

2          Rank of New Orleans in highest income inequality for cities of over 10,000   Source: Census.

3          Days a week the New Orleans daily paper, the Times-Picayune, will start publishing and delivering the paper this fall and switch to internet only on other days.  (See 44 below).  Source: The Times-Picayune.

10        Rate that New Orleans murders occur compared to US average.  According to FBI reports, the national average is 5 murders per 100,000.  The Louisiana average is 12 per 100,000.  The New Orleans reported 175 murders last year or 50 murders per 100,000 residents.  Source: WWL TV.

13        Rank of New Orleans in FBI overall crime rate rankings.  Source: Congressional Quarterly.

15        Number of police officer-involved shootings in New Orleans so far in 2012.  In all of 2011 there were 16.  Source: Independent Police Monitor.

21        Percent of all residential addresses in New Orleans that are abandoned or blighted.   There were 35,700 abandoned or blighted homes and empty lots in New Orleans (21% of all residential addresses), a reduction from 43,755 in 2010 (when it was 34% of all addresses).  Compare to Detroit (24%), Cleveland (19%), and Baltimore (14%).  Source: Greater New Orleans Community Data Center (GNOCDC).  

27        Percent of people in New Orleans live in poverty.  The national rate is 15%.  Among African American families the rate is 30% and for white families it is 8%.  Source: Corporation for Enterprise Development (CEFD) and Greater New Orleans Community Data Center (GNOCDC) Assets & Opportunity Profile: New Orleans (August 2012).

33        Percent of low income mothers in New Orleans study who were still suffering Post Traumatic Stress symptoms five years after Katrina.  Source: Princeton University Study.

34        Bus routes in New Orleans now.  There were 89 before Katrina. Source: RTA data.

37        Percent of New Orleans families that are “asset poor” or lack enough assets to survive for three months without income.  The rate is 50% for black households, 40% for Latino household, 24% for Asian household and 22% for white households.  Source: Corporation for Enterprise Development (CEFD) and Greater New Orleans Community Data Center (GNOCDC) Assets & Opportunity Profile: New Orleans (August 2012

40        Percent of poor adults in New Orleans region that work. One quarter of these people work full-time and still remain poor.  Source: GNOCDC.

42        Percent of the children in New Orleans who live in poverty. The rate for black children is 65 percent compared to less than 1 percent for whites.  Source: Census.

44        Rank of Louisiana among the 50 states in broadband internet access.  New Orleans has 40 to 60 percent access.  Source: The Lens.

60        Percent of New Orleans which is African American.  Before Katrina the number was 67.  Source: GNOCDC.

60        Percent of renters in New Orleans are paying more than 30 percent of their income on rent and utilities, up from 51 percent in 2004.  Source: GNOCDC.

68        Percent of public school children in New Orleans who attend schools that pass state standards.  In 2003-2004 it was 28 percent.  Source: GNOCDC.

75        Percent of public school students in New Orleans who are enrolled in charter schools.  Source: Wall Street Journal.    This is the highest percentage in the US by far, with District of Columbia coming in second at 39 percent.  Sources: Wall Street Journal and National Alliance for Public Charter Schools.

76        Number of homes rebuilt by Make It Right Foundation.  Source: New York Times.

123,934           Fewer people in New Orleans now than in 2000.  The Census reported the 2011 population of New Orleans source as 360,740.  The 2000 population was 484,674.  Source: Census.

Bill and Davida teach at Loyola University New Orleans College of Law.  A version of this article with complete sources is available.  The authors give special thanks to Allison Plyer of the Greater New Orleans Community Data Center.  You can reach Bill at quigley77@gmail.com.

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.

What Will It Take to Stop The Murders? By Parnell Herbert

“We can save ourselves”
For many years New Orleans has maintained one of the highest per capita death rates in the United States. Crimes of violence and murder in the Black community is not only a social justice problem, it is a public health issue. This is a designation none of us wants, and our bureaucrats appear powerless to change. One wonders if they really care. Certainly they do not want this distinction – it frightens their tourists. But do they really care?

Some would say Black self-hatred is the cause of this statistic; others would say fear. New Orleans Mayor Mitch Landrieu and police chief Ronal Serpas say it is our culture. How ridiculous! Crime has no culture - just victims. Although mass murder and serial killing is commonly attributed to white perpetrators we don’t label it as white culture.

We can save ourselves when we learn what it will take to stop the madness. First, we must understand why young Black men kill other young brothers. Second, we must provide a way out; the easy answer is jobs and education. So what else is new?

The Diagnosis

We were conditioned to take the law into our own hands. The African American community in New Orleans was taught decades ago that we could not depend on law enforcement. If we wanted justice we would have to handle it ourselves. We also learned that consequences for murdering a Black man would never be as grave as consequences for killing a Caucasian.
Internalized Racial Oppression Inferiority “A Multi-generational Process” developed to teach us to believe that we are inferior. To believe that Black life is dispensable and white life holds greater value.

There is nothing more dangerous than a man without hope. When there is no hope there is no reason to live. There is nothing to live for. No consequence is greater than that hopelessness.

The Cure

We must teach young people to believe that there is hope. As long as there is life there is hope and consequences are more severe than they can imagine. This can best be explained to them by someone who has lived it. Many incarcerated and formerly incarnated persons are begging for the opportunity to teach our young people through their experiences. They do not want to see young lives wasted. They want to tell them the horror of being locked in a cell and haunted by the spirit of their murder victims. They speak of the arrogance and defiance they felt when they received life sentences. Reality doesn’t always sink in with the clang of prison gates behind them. But some day sometime years later the reality sets in and they wake up to a nightmare.

Protesters marching on City Hall will not solve this problem; murderers don’t read protest signs. Pep Rallies at UNO Arena won’t solve this problem; murderers don’t listen to this rhetoric. Young people must be addressed directly and made to realize there is value to their lives and that all human life holds value. Revenge is not the solution – it simply contributes to the problem. What was the plan? Has the strategy backfired? When flooding us out did not work, starving us out would not. Survivors will find ways to survive. Rather than hiring New Orleans natives to rebuild their own city the local elite chose to recruit impoverished people from south of our borders and others who say they are here to help us rebuild. A starving man will steal, rob and yes kill to survive. Self preservation is the first law of nature.

Parnell Herbert is a recently returned New Orleanian who was previously displaced to Houston by Hurricane Katrina. He is active on many social justice causes, including the right of return for New Orleanians, and freedom for the Angola Three. His new play, Angola Three, has been performed in New Orleans and other cities.

Angry Mob of Officers Defends Accused Cops

Few in New Orleans can forget the sight, in January of 2007, when New Orleans police officers involved in the killings on Danziger Bridge walked into Central Lockup on to be booked on murder and attempted-murder charges.

The accused were surrounded by two hundred or more other officers, who came to show their support, cheering and applauding and hugging the officers who had shot down unarmed civilians in cold blood.

Yesterday, a similar scene played out in New York City. According to the New York Times, hundreds of officers came out to applaud and support sixteen officers who faced a combined total of more 1,600 criminal counts. While the majority of the charges stemmed from widespread ticket-fixing, officers were also accused of drug offenses, grand larceny, attempted robbery, and more.

New York's Patrolmen’s Benevolent Association, the union for NYPD officers, was deeply involved in the alleged crimes. According to the Times, "During the investigation, overseen by the Bronx district attorney’s office, prosecutors found fixing tickets to be so extensive that they considered charging the union under the state racketeering law as a criminal enterprise, the tactic employed against organized crime families." Similarly, PANO, the officer's union in New Orleans, was closely connected to the Danziger officers.

The hundreds of NYPD officers engaged in what the Times called, "a stunning display of vitriol," against prosecutors, and also displayed hostility towards the press, "blocking cameras from filming their colleagues, in one instance grabbing lenses and shoving television camera operators backward." While there, officers also yelled insults at welfare recipients who were lined up at a facility across the street.

The lessons from New Orleans' struggle against police violence are relevant to today's scenes from New York City.

On September 4, 2005, two innocent civilians were killed and four were wounded. Seventeen-year-old James Brissette died from several bullets in his back, fired by NOPD officers. Lesha Bartholomew, also 17, was shot in the back while she lay on the ground, attempting to shield her mother's body with her own. NOPD officers were defending these actions.

The officers involved in the Danziger killings were finally convicted this year. If their fellow officers had not stood behind them and defended them, despite the evidence of their involvement in murder, they would no doubt have faced justice sooner.

At the Danziger trial this year, one of the NOPD officers who later plead guilty in the killings testified about the support they had received. "We were treated pretty much like heroes,” said officer Michael Hunter. “Nobody thought we did anything wrong,” he added. “They thought we were being persecuted.” Hunter also testified that his fellow officers involved in the shootings enjoyed the attention, saying that Officer Anthony Villavaso, another of the accused (and later convicted), “was reveling in it.”

As described in the Times, the officers' behavior showed they were not on the side of law, but on the side of their fellow officers, right or wrong.

Forming a wall four deep in the main foyer, they applauded as the defendants appeared. The indicted officers waved and pumped their fists. A court official who came out to calm the crowd drew insults...On the street outside the courthouse, some 350 officers massed behind barricades and brandished signs...When the defendants emerged, many in the crowd burst into raucous cheers. Once they had gone and the tide of officers had dispersed, the street was littered with refuse.

Despite the progress made in New Orleans, there are still no officers who have come forward proactively to report wrongdoing by their fellow officers. It's no wonder people in New Orleans, New York, and around the country are seeking alternatives to policing.

New Orleans Activist Embraces Love and Forgiveness, Not Revenge

Yesterday, the racial justice website ColorLines paid tribute to New Orleans activist Rafael Delgadillo, who has chosen to forgive the men who shot him in the head last month. Below is an excerpt from the ColorLines report:

Last month, a random act of violence nearly took Rafael Delgadillo’s life. The 29-year old was at a stop sign in the Mid-City neighborhood of New Orleans when two young men approached his vehicle in an attempted carjacking. As he drove off, they opened fire, shooting him in the head. Miraculously, he survived, although the bullet lodged in his brain still threatened to leave him without his eyesight.

Delgadillo, whose family is from the Dominican Republic, is an active community leader and youth mentor. He received both a Bachelor’s and a Master’s Degree in History from the University of New Orleans. His work with Puentes, a non-profit community development organization for Latinos in the Greater New Orleans area, has garnered him support, respect and many friends—which was evident when over 150 people came together at the vigil held for him days after the shooting. The crowd was relieved to hear from Delgadillo’s father that their beloved Rafa had regained his sight, though not entirely. It continues to improve, slowly but surely.

For the dedicated activist, this experience has fueled his passion to continue the important work of mentoring young men of color, fighting the systemic issues of youth violence. While it would be easy for a victim of such a violent crime to succumb to anger or to the pursuit of punishment for the teenagers who did this to him, Delgadillo is of a greater vision. “If I had them face to face, I mean, I’d…I’d embrace them, you know. I’d forgive them,” he said.

The wisdom in his compassion is not hard to understand when the loving network of friends and family is revealed. That his father sees the assailants, two black teenagers, as victims themselves is telling. That a close friend’s words implore others not to not seek retaliation is significant. And when Rafael insists that he is lucky to have had his father in his life, his African American college professor as a mentor, and the director of Puentes take him under his wing in his professional growth, he notes his blessing that the most influential people in his life have been people of color.

As Rafael wells up with emotion thinking about all the people that live him, he reflects: “I was raised to treat people right, and not look for nothing in return. And that’s what I’ve done. And I’ve been doing the right things, apparently.”

It is no wonder that the outpouring of love and support he received mirrors his own.

Photo from the Dear World Website.

Tulane Law Student Among Steering Committee for National Movement to End Discrimination Against Formerly Incarcerated

From a press release from the Formerly Incarcerated & Convicted Peoples Movement:
National Movement to End Human and Civil Rights Abuses Against Formerly Incarcerated, Convicted People and Their Families Kicks Off Nov. 2 in Los Angeles, CA

Formerly incarcerated people from around the country will convene in Los Angeles on November 2 to ratify the National Platform of the Formerly Incarcerated and Convicted Peoples Movement (FICPM) and discuss an agenda for action. Participants will discuss plans to register and mobilize one million formerly incarcerated people to vote in the 2012 elections and strategies to expand the “Ban the Box” employment rights campaign that has yielded legislation in six states easing discrimination against job seekers with a conviction history.

Key organizers of the gathering include Dorsey Nunn, Executive Director of Legal Services for Prisoners With Children and the organizing project All of Us or None, based in San Francisco, CA, Susan Burton, Executive Director, A New Way of Life Reentry Project in South Central Los Angeles and Pastor Kenny Glasgow, Director of The Ordinary People’s Society (aka TOPS) in Dothan, Alabama.

The new movement emerges at a time when the US has the largest incarceration rate in the world and approximately two million children under the age of 18 with at least one parent behind bars. An estimated 600,000 will be released from prison per year over the next five years. According to the latest US Bureau of Justice statistics, over four million people were on parole and over 800,000 were on probation.

“The abuse of my rights as a formerly incarcerated person is not just an individual issue. Sure, my right to vote, my right to work is important to me, but discrimination against our voting and employment rights has a huge impact on civic engagement and the economic well-being of Black and brown communities in general,” said convening co-organizer, Dorsey Nunn.

“The War on Drugs is the biggest cause of disenfranchisement” said co-organizer Pastor Kenny Glasgow. In 2008 Glasgow won a groundbreaking lawsuit restoring the voting rights of the currently incarcerated and those convicted of drug crimes in Alabama. “As formerly incarcerated people we are hindered from becoming the productive people in society we actually want to be. With this work we are serving our country after serving our time. We want to create harm reduction and public safety for all.”

“There are 60 million people who are struggling with the quality of their lives as the result of mass incarceration in this country. This meeting will allow us to come together as formerly incarcerated people in a way that’s never been done before. It will connect us and strengthen us so that we can push forward with a common agenda and a common goal. Our goal is to end the discrimination against us,” said co-organizer and Los Angeles host, Susan Burton, Executive Director of the New Way of Life Reentry Project.

According to Dorsey Nunn, the convening is open to the public but only participants who identify themselves as formerly incarcerated or convicted people will be allowed to vote to ratify the National Platform. “Where else has anyone asked us what we wanted? Everyone else has always prescribed what we needed. We’re more than somebody else’s client-base, more than somebody else’s patient. The process to develop a national platform represents the first time we’ve asked ourselves, what do we want?”

The gathering will include workshops for youth and family members and trainings on how to overcome growing barriers to voter registration and “Get Out The Vote” and how to “Ban the Box” that appears on employment forms asking for felony conviction history.

The FICPM gathering is scheduled to coincide with the International Drug Policy Reform Conference in Los Angeles, November 2-5. The conference hosts, Drug Policy Alliance, will honor Dorsey Nunn, key organizer for the FICPM gathering, with the Robert C. Randall Award for Achievement in the Field of Citizen Action at an awards reception on Saturday Nov. 5 at the Westin Bonaventure Hotel.

Participants are attending from around the country. The Steering Committee includes:

Malik Aziz, Men United for a Better Philadelphia: Founder and Chairman of the National Exodus Council, with a presence in 24 cities across the nation. He began organizing while incarcerated in Graterford Prison, and eventually found a role in the Philadelphia mayor’s office developing alternatives to incarceration and recidivism.

Susan Burton, A New Way of Life, Los Angeles: After cycling in an out of the criminal justice system for nearly fifteen years, Susan gained freedom and sobriety and founded A New Way of Life Reentry Project in 1998. Dedicating her life to helping other women break the cycle of incarceration, homelessness, addiction and despair, Susan becoming a recognized leader in the criminal justice reform and reentry rights movements, and was recently nominated as a CNN hero in the category of “community crusader.” She has been a Soros Justice Fellow, a Women’s Policy Institute Fellow, and a former Community Fellow under the Violence Prevention Initiative of The California Wellness Foundation.

Pastor Kenny Glasgow, The Ordinary People Society, Dothan, AL: Since his release from prison, Pastor Glasgow has remained committed to ensuring that redemption is in the lives of those who have served their debts to society. He is Executive Director/Founder of TOPS, an organization providing numerous rehabilitation and prevention programs for youth and adults involved, or at risk of involvement, in the criminal justice system. A longtime leader of state and region-wide voter registration and restoration efforts, Pastor Glasgow led the successful campaign resulting in restoration of voting rights for people currently incarcerated in Alabama state prisons-- a first. In 2008, he was awarded the Lyndon B. Johnson Political Freedom Award.

Arthur League, All of Us or None/Legal Services for Prisoners with Children, San Francisco: Arthur has a 40-year history as a community activist involved in social and criminal justice work. In the 70’s & 80’s, during a time of political unrest, Arthur was an active member of the Black Panther Party, and served a seven- year prison term for his political beliefs and actions. Arthur is a former Director of the Concord Re-Ed Project, a non-profit organization working with adolescents in a group home setting, and serves on the board of Legal Services for Prisoners with Children. A Journeyman Plumber, he assists many young people coming out of prison to join the building trades unions and apprenticeships.

Aaliyah Muhammad, All of Us or None/LSPC, San Francisco: Aaliyah is a former prisoner and organizer who has worked with diverse groups of people inside prison and in the community. Her organizing abilities have increased the presence of formerly incarcerated people in the State Capitol, allowing her to supervise contingents of students and advocates in legislative arenas. Her efforts have resulted in creating avenues for former prisoners to take part in policy work in a variety of ways, from organizing community summits in Sacramento regarding legal expungement remedies to grassroots fundraising efforts to support the children of incarcerated people. She speaks widely on the conditions and struggles for women inside of prison.

Dorsey Nunn, All of Us or None/ LSPC, San Francisco: Dorsey is a co-founder of All of Us or None, a civil and human rights organization comprised of formerly incarcerated people, prisoners and their allies. He is also formerly incarcerated, and Executive Director for LSPC, a 30 year old San Francisco based organization dedicated to advocating for the human and civil rights of incarcerated parents, children, family members and people at risk for incarceration. Awarded nationally for his work, he was a 1996-1998 California Wellness Fellow and was recently awarded the prestigious Fannie Lou Hamer award from the African American Studies Department at the University of California, Berkeley.

Bruce Reilly, Direct Action for Rights & Equality, Providence, RI: After a decade as a Jailhouse Lawyer, Bruce hit the ground running in 2005. He served as the Volunteer Coordinator for the RI Right to Vote Campaign and drafted the final language of a state constitutional amendment that re-enfranchised felons on probation and parole. He wrote a probation reform bill that became law after four years of organizing. He is a former board member and organizer with DARE, and entered Tulane Law School in Fall of 2011. A successful writer, Bruce has produced a play of prisoners’ writings and his blog on criminal justice has over 200,000 hits in 2010.

Tina Reynolds, Women On the Rise Telling HerStory, New York City: Tina is Co-Founder and Chair of Women on the Rise Telling HerStory (WORTH), an association of formerly and currently incarcerated women. Tina Reynolds has received a Master in Social Work from Hunter College and is currently an adjunct professor at York, CUNY in the Psychology Department teaching the “Impact of Incarceration on Families, Communities and Children”. She has published pieces on the abolition of prisons, the impact of incarceration on women and children, formerly incarcerated women and policy change and is an editor of an anthology “Interrupted Life: Experiences of Incarcerated Women in the United States.”

No One Listens to Poor People, By Derwyn Bunton

No one listens to poor people. They listen to attorneys. As a child, I believed those two statements because I watched how people treated my family and others in our situation. It is why I became a public defender. The place of the public defender is to protect justice and fairness for those who cannot afford to purchase that protection. The mission of the Orleans Public Defenders is to provide high quality defense to people who qualify and it is my honor to be responsible for upholding that mission.

My office represents poor people. The definition of poor is not a mystery, and the process of a public defender being assigned to a case is likewise easy to describe because Louisiana took the time to define it in the law. Judges assign us after they determine a person is too poor to afford an attorney on their own. We do not shop for these cases.

When law and fairness demand it, we do fight – not to keep cases, but to insure justice. We fought for our client whose mother pawned her wedding ring so our client could get out and keep working. We fought for a man thrown in jail for not being able to afford a private attorney. We keep these cases and fight for our clients not because we make money for such a fight, but because it is the just and fair thing to do and the law tells us to do it. The amount of justice one receives should not depend on the amount of money in their pocket.

Our criminal justice system has made tremendous progress since hurricane Katrina brought justice to a standstill in New Orleans and highlighted deep systemic problems that existed for decades. The Orleans Public Defenders continues to play a central role in making sure fairness and balance are a part of justice in New Orleans.

We ask for resources so we can win the freedom of innocent men like Eugene Thomas, who spent eight years incarcerated before he had his day in court. We ask for resources to we can get children who are being assaulted out of jail and back into school and on the right track for making changes in their lives. We ask for resources so the mentally ill are not punished for their disabilities, but sent to receive the services they need. This is the daily work of a public defender in New Orleans and we do not have to look for opportunities to continue this good work; they are presented daily by an overburdened system.

When my family was being evicted and our belongings were destroyed – cut into pieces – as they were thrown onto the street, I wanted someone to fight for us the way my staff fights for poor people today. I want every person in New Orleans, regardless of income, to know there is an office taking its responsibility to serve them seriously.

The enormous size of the justice system in New Orleans has created a funding crisis for my office. Even so, I promise the people of New Orleans we will not shirk our responsibility because unscrupulous individuals want us to break the law. We operate openly according to the law and we will not be intimidated into sacrificing our mission so people can try to make more money off of poor people. The Orleans Public Defenders will continue to meet that mission and protect justice and fairness in New Orleans to the best of our ability.

Derwyn Bunton is the Chief District Defender for Orleans Parish. He can be reached at dbunton@opdla.org.

Citizens for Second Chances Build Skills and Develop Relationships at Annual Retreat

From our friends at Juvenile Justice Project of Louisiana:
On August 27th families and friends of those serving life without parole since they were children gathered for the annual Citizens for Second Chances (CFSC) strategic planning retreat at St. James Episcopal Church in Alexandria, LA. At this year's retreat, CFSC members from around the state were introduced to JJPL's new Staff Attorney, Ethan Ashley. Ethan joined JJPL to help coordinate the campaign to end life without parole sentencing for youth and to represent those affected by the Graham v. Florida ruling which made life without parole sentencing unconstitutional for youth in non homicide cases, allowing several juvenile lifers in Louisiana to go back to court to be resentenced. During the retreat, CFSC members also focused on building a base of support in their communities, gaining the support of faith leaders and those that work in corrections, as well as to strategize for the 2012 legislative session and the task force convened by the legislature to study the Graham v. Florida decision and offer recommendations for reform.

CFSC was joined by retired Warden Buddy Knight from Avoyelles Parish who shared stories from his time as an assistant warden at the Louisiana State Penitentiary and head warden of Cottonport Correctional Center. Retired Warden Knight also educated CFSC about why giving people second chances makes for safer and more productive prison environments.

The retreat ended with a story telling session where families had the opportunity to share stories of their loved ones serving juvenile life without parole. This gave family members an opportunity to practice telling their stories and advocating to members of the legislature for a more fair and equitable sentencing for their loved ones. CFSC continues to hold conference calls on the first and third Tuesday's of the month to discuss strategy and learn advocacy skills. For all those interested in joining please contact Kelly Orians or Ethan Ashley at 504-522-5437.

Photo above: CFSC members gather with Retired Warden Buddy Knight after a full day of strategic planning at St. James Episcopal Church in Alexandria, LA.

New Orleans Activists Win Groundbreaking Reforms in Treatment of LGBT Youth in the Criminal Justice System

From our friends at BreakOUT:
Recently, the Louisiana Department of Human Services and the New Orleans juvenile detention center, the Youth Study Center (YSC), introduced a groundbreaking new policy that is designed to protect the safety and dignity of lesbian, gay, bisexual, and transgender (LGBT) youth under their supervision. This policy not only oversees the protection of LGBT youth already in the custody of the system, which are estimated at 15% according to national data, but also mandates that direct care staff, supervisors, and social service providers at the detention center shall be required to undergo training to help create a safer environment for LGBT youth in their care.

The policy, which is one of the best in the country, was developed from a model policy written by clinical psychologist and national juvenile justice expert, Dr. Marty Beyer. It is impressive in its scope, providing eleven procedural guidelines that largely encompass the unique needs of LGBT youth. The policy clearly defines what qualifies as discrimination, harassment, and abuse pertaining specifically to LGBT youth, and prohibits both staff and other incarcerated youth from discriminating or threatening anyone based upon their sexual orientation or gender identity. The policy also prohibits LGBT youth from being placed in isolation as a "means of keeping them safe from discrimination," and prioritizes youths' "physical and emotional well-being." One of the more remarkable elements of this policy is its attention to issues concerning transgender youth.

Among the many "best practice" provisions the policy outlines, it requires that "transgender youth will be called by the first name and pronoun they request even if their name has not been legally changed." The policy also states that transgender youth will not be forced to shower or change clothing in front of staff or other youth - a situation that can be especially humiliating and terrifying for this demographic. Within the provisions of the policy, transgender youth must also be allowed access to counseling and medical attention in accordance with professional health standards. All of these are enormous steps forward, particularly for a demographic that is all too often overlooked in LGBT policy making, and for a facility still under a consent decree from a class-action lawsuit filed by JJPL in 2007.

Wesley Ware, Director of the LGBT youth organizing project of JJPL, BreakOUT! and former LGBT Youth Project Director, helped institute the policy. "I coordinated the investigation for JJPL's lawsuit 4 years ago. To now be a part of making reforms at the facility, in particular for LGBT youth, has been an incredible experience. The Youth Study Center still has a long ways to go, but they're becoming a leader with their policy reforms. Now the challenge becomes implementing the policy. Some youth have reported being held in their cells for being LGBT as recently as a few months ago, so the staff will need ongoing training and technical assistance to ensure all youth are treated fairly and appropriately." The facility has already trained their upper level staff and line staff on LGBT youth in the juvenile justice system.

Groups Ask Court to Remove Individuals Convicted of Crime Against Nature by Solicitation from Sex Offender Registry

From our friends at Center for Constitutional Rights:
Today, the Center for Constitutional Rights (CCR), police misconduct attorney Andrea J. Ritchie, Esq., the Loyola University New Orleans College of Law, Law Clinic, and Cleary Gottlieb Steen & Hamilton LLP argued in federal court for a remedy for individuals who must continue to register as sex offenders for periods of 15 years to life because of a conviction of Crime Against Nature by Solicitation (CANS) despite recent legislation that removes the registration requirement for individuals convicted of CANS after August 15, 2011.

Plaintiffs in Doe v. Jindal have been forced to register as sex offenders simply because they were charged, prosecuted, and convicted of offering oral or anal sex for compensation under a more recent provision of Louisiana’s 205-year-old Crime Against Nature statute rather than under its prostitution statute, which does not require sex offender registration. Plaintiffs argued that the harsher punishment, which has traditionally been meted out to those convicted of CANS rather than prostitution, results solely from moral disapproval of sex acts historically associated with homosexuality, and is thus unconstitutional.

The Louisiana legislature recently equalized the penalties between CANS and prostitution, and will no longer require sex offender registration for those convicted of CANS in future cases.

Attorneys argued before Judge Martin Feldman that nine individuals convicted of CANS prior to the legislature’s removal of the offense from the list of those requiring registration as a sex offender earlier this summer should no longer be mandated to register as sex offenders.

“We welcome this change in the law, which means that these unconstitutional and unfair conditions will no longer be imposed on people who are convicted of a Crime Against Nature by Solicitation in the future,” said Alexis Agathocleous, staff attorney with the Center for Constitutional Rights. “But the injustice still persists for those with old CANS convictions. Our clients – along with hundreds of others – remain registered as sex offenders. We are here today because they, too, should receive the benefit of this change in the law, and be removed from the sex offender registry.”

Said Andrea Ritchie, co-counsel in Doe v. Jindal, “The roughly 400 people who remain on the sex offender registry solely as a result of a Crime Against Nature by Solicitation charge are largely poor Black women, including transgender women, and gay men who have themselves experienced violence and discrimination their whole lives, and they deserve a second chance.”

Deon Haywood, Executive Director of Women with a Vision, said, “The women and transgender women of our NO Justice Project live with the scarlet letter of ‘sex offender’ on their driver’s license, some of them for over 20 years. Our clients are mothers, daughters, veterans, and more. Yet, they live on the fringes of the community, disconnected from many support systems, putting them at risk for violence, reincarceration and other harms. It is time for them to experience walking their kids to school and gainful employment, and to have access to safe housing without judgment. Simply put, it’s time for the State of Louisiana to give them justice.”

The mission of Women with a Vision is to improve the lives of marginalized women, their families, and communities by addressing the social conditions that hinder their health and well-being. WWAV accomplishes this through relentless advocacy, health education, supportive services, and community-based participatory research.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.

Confederate Justice in Caddo Parish

It's been documented in numerous studies that justice in Louisiana is not colorblind. Caddo Parish, where Shreveport is located, has among the highest rates of death sentences in Louisiana, with seventeen men and one woman sentenced to death, fourteen of whom have been African-American men. One study found “a less than one-in-ten-thousand chance that the prosecuted cases were a racially random sample drawn from the homicide group.” Adding to the atmosphere of racial prejudice, these convictions have come in a courthouse with a confederate memorial - and confederate flag - placed at the entrance.
The monument, and the injustice perpetrated under its shadow, are powerfully described in a recent article by Cecelia Trenticosta:

A bust of a Confederate general is mounted at each corner. Stonewall Jackson stares to the north. Pierre Beauregard looks east. Henry Watkins Allen stands guard to the west. And Robert E. Lee watches south. Atop the monument stands a proud confederate soldier, holding a rifle. He is unnamed, presumably to represent everyman. Or, rather, every white man...

The flag itself is the Third National Flag of the Confederacy—the “blood-stained banner.” This flag was developed during the last throes of the Confederacy as a way to incorporate the battle flag (the St. Andrew’s Cross) with a red stripe running down the edge to symbolize the Confederates’ willingness to die for their cause. Shreveport—the last capital of the Confederate States—raises this flag in defiance of the fact that the war is over, and its cause lost.

This flag and monument, however, are not a part of a museum, or a freestanding monument apart from government property. Flanked by ancient live oaks, it stands as the only structure on the courthouse lawn at the Caddo Parish Courthouse. Every person summoned for jury duty, as well as every judge, clerk, employee, attorney, guard, police officer, and defendant must pass beneath the flag and monument.

Under this Confederate Flag, Caddo Parish administers Louisiana’s death penalty, its harsh felon-disenfranchisement laws, and its vast web of prosecutorial discretion under this flag.

Carl Staples, an African American native of Chicago who moved to Shreveport in the 1970s following the race riots and had been registered to vote in Shreveport for 30 years, was summoned for jury duty at the Caddo Parish Courthouse on May 14, 2009, in the capital case of Felton Dejuan Dorsey, a poor black man accused of killing a white firefighter in a majority-white area of Caddo Parish. Knowing that the courthouse flies a Confederate flag, he called the clerk’s office to state his objection to serving under the flag. The clerk told him that if he did not show up for jury duty, a warrant would be put out for his arrest. So he swallowed his pride and walked beneath the Confederate flag and past the monument to the Confederacy for jury selection. When called for individual examination, Staples stated:

[the flag] is a symbol of one of the most . . . heinous crimes ever committed to another member of the human race, and I just don’t see how you could say that, I mean, you’re here for justice, and then again you overlook this great injustice by continuing to fly this flag which . . put[s] salt in the wounds of . . . people of color. I don’t buy it.

The prosecutor promptly moved the court to strike Staples, arguing that he could not be fair. The judge granted the motion. The prosecutor then proceeded to strike five out of the remaining seven qualified black prospective jurors. The defense objected to the strikes as racially discriminatory in violation of the Supreme Court’s decision in Batson v. Kentucky. The trial judge rejected the challenge. Dorsey, a black man accused of killing a white victim, was convicted and sentenced to death by a jury of eleven whites and one black.

A recent appeal filed in Dorsey's case asks if justice can be administered fairly under the watchful eye of a symbol of white supremacy. The brief states that "Prominently displayed in front of the Caddo Parish courthouse, the Confederate flag represents for many people, and particularly for African-Americans, public entrenchment of racism in the parish’s judicial system and an endorsement of historical efforts to deny African-Americans equality under the law. The flag, as a public symbol of racial bias, poses an intolerable risk that capital punishment cannot be fairly administered within the courthouse walls."

It's clear that Dorsey's conviction was a case of Confederate justice. Will the Louisiana Supreme Court recognize this?

New Trial Begins Today in Jena, Louisiana

Jury selection began today in the trial of Catrina Wallace, sister of Robert Bailey, one of the Jena Six. Wallace was one of the main leaders of the struggle to free the Jena Six.

The charges against her, based on testimony from a confidential informant, are seen by many as revenge for her activism in Jena.

A Father's Day Message, By E. Johnson

Sunday, June 20, is a celebration of all the fathers of the world. It is a celebration that endures every year through a lifetime of highs and lows.

What determines who is a good father and who is not? Do we as a society evaluate fathers by wealth, by their enforcement of rules, or perhaps by their resemblance to our own fathers? Do we judge a father by his ability to afford material objects or simply by love?

I think love outweighs it all. Love endures when times seem rough and remains the same in our attitude and actions. In a time of changing technologies and ways of living, love remains a constant. How long does the new style of tennis shoe or cell phone last before a new style hits the shelf?

Love is a constant force that a father can give a child, but it is not the only force that affects that child. It is true that it takes a village to raise a kid, and sadly as a father I am but one part of that village. I have given my children my heart and soul to ensure that they know they are the most loved people on this planet. But they are faced with a village that is weakened by the cycle of poverty, rampant racism and the flaws of the justice system. These are all part of the village that I grew up in and have brought my children up in.

While I have done everything that I can for my children, I see other systems in our village that have failed. There is the education system that is supposed to provide a learning environment and experiences at all stages of a child’s development that are humane, just, and designed to promote excellence in order that every individual may be afforded an equal opportunity to develop to his or her full potential. But the policies that are in place provide just the opposite: the national dropout rate is still very high. The suspension and expulsion rates are at an all-time high and unfairly target people of color.

There is the judicial system that thinks the same 14 year-old who is not mature enough to even drive a car is mature enough to face an adult court and comprehend what is happening and how severe the punishment might be. Research shows that adolescents don’t put facts together and draw conclusions the way adults do. At what age should we determine that someone is an adult?

There are many great fathers in this world that come from all walks of life. As fathers we must stand up for what is right for our children and believe that change comes from within. Happy Fathers’ Day and allow love to be the center of your life: that’s what fathers do!

Mr. E Johnson is an organizer with Families and Friends of Louisiana's Incarcerated Children (FFLIC).

Photo by Abdul Aziz.

This Thursday: New Orleans Mayoral Candidates Forum on Criminal Justice

The Mayoral race is on. Some have asked: if the Saints are in the Superbowl, will anyone come to the election? Either way, let's get those early voting ballots ready.

At Louisiana Justice Institute, we have convened a process called the Nola Kitchen Table as a forum to begin discussing the issues that we need our politicians to address (more updates on that dialogue soon).

We also encourage everyone to go out and ask the candidates the hard questions. A great place to start is this week, with the New Orleans Mayoral Candidates Forum on Criminal Justice.

The Forum will be this Thursday, December 17, at 6:00pm at the Treme Community Center, 900 N. Villere St, between Dumaine and St. Philip.

A wide range of organizations have worked together to make this forum happen, including Families & Friends of Louisiana's Incarcerated Children, Juvenile Justice Project of Louisiana, Critical Resistance New Orleans, Safe Streets/Strong Communities, New Orleans Worker Center for Racial Justice, Resurrection After Exoneration, Voice Of The Ex-offender (VOTE), Women With A Vision, and the Youth Empowerment Project.

According to the invitation from the event's organizers, "The 2010 Elections are right around the corner and the voice of the community must be heard! Criminal Justice issues need to be addressed to those of us who have a real stake in seeing change. Our children and our loved ones need to come home to safe communities and to schools and jobs that keep our families off the streets and out of the system. The next mayor of New Orleans must make this a priority. JOIN US!"

Local Criminal Justice Activist Faces Unjust Charges

Local Criminal Justice activist James Williams is facing criminal charges as a result of racial profiling and a wrongful arrest he suffered in Harahan in April of last year. He is currently scheduled to stand trial on at 9am on Thursday, November 19th in Jefferson First Parish Court (924 David Drive), and he is encouraging friends and allies to come out and support him.

According to James, "I was the passenger in a car that was pulled over in Harahan for minor traffic violations. Apparently, I angered the officer by asking why he wanted my driver's license rather than the driver of the car. Next, the officer ordered me out of the car in a visibly agitated manner and proceeded to both verbally and physically abuse me. He then arrested me without telling me - or the driver of the car – the reason. I was later charged with "Battery on a police officer" and "Resisting Arrest," although I did not fight with or resist any officer on that night."

According to a list of Frequently Asked Questions from the Justice for James campaign, "Too many police behave in the low income neighborhoods as if they are above the law and untouchable by community members. Racial profiling, wrongful arrest, and officer misconduct are injustices that strain family structures and drain finances in the form of bail, fines, and lost work hours. We should support James because you or a loved one could go through the same thing next week."

You can read the full story, as told by James, here, or see James explain the case on youtube, here.

Criminal Justice Reform Advocates Win Victory at Youth Study Center

Congratulations to the Juvenile Justice Project of Louisiana (JJPL) on their continued success in the fight for reform of the city's criminal justice system.

An article by Katy Reckdahl in today's Times-Picayune reports, "Juveniles at the Youth Study Center will no longer be subject to long hours of confinement, sporadic schooling, spotty medical care and inadequate meals. These improvements are spelled out in two proposed agreements involving the city, which runs the detention facility in Gentilly, and the Orleans Parish School Board, which is responsible for providing educational services to the detainees. The Juvenile Justice Project of Louisiana, which filed a federal lawsuit in December 2007 alleging unconstitutional conditions at the Youth Study Center, filed consent decrees in court on Monday after 22 months of negotiations with the city and the School Board."

For further evidence of how bad things have gotten at the facility, the article notes that - as part of the consent agreement: "Facility staff will create a new policy and procedures manual, to replace the one that was lost after the facility flooded."

Apparently, they needed a lawsuit to force them to actually state their policies in writing.

If you want to help JJPL continue this work, you have two opportunities this weekend.

You can buy Hornets tickets through a special offer listed on JJPL's website, and $5 of every ticket goes to support JJPL. The offer is here.

Or you can come to a car wash fundraiser sponsored by Young Adults Striving for Success (YASS) the youth group organized by JJPL. The fundraiser is this Saturday, from 10am to 2pm, at Hope Academy on 2437 Jena St.

Photo by Abdul Aziz.

Annie Get Your Gun?

I expected I would have had a pretty relaxing weekend. We are celebrating history in this nation, inaugurating Barack Obama as President of the United States of America. Rev. Dr. Martin Luther King, Jr. commemorations are in full swing. And republican and democratic politicians appear to understand (maybe its temporary), that we are one nation, united.

Then I read my January 18th Times-Picayune, and learned the City of New Orleans Office of Inspector General has requested additional funding to arm its staff of twenty with “standard issue” law-and-order hardware, including semiautomatic pistols, miniature rifles, ammunition, laser sighting devices, bulletproof vests, handcuffs and leg irons. IG Robert Cerasoli was hired to identify and investigate inefficiencies in government and “weed out” possible white-collar corruption. So far – after over a year on the job – Mr. Cerasoli has issued one interim report on ‘take-home’ cars. Take-home cars.

There are plenty of arguments I could make about why this is a bone-headed idea. First, these folks don’t have arrest powers. I just loved the statement by Leonard Odom, Cerasoli’s first assistant, who indicated OIG needs handcuffs and leg restraints ‘until the police arrive.’ News flash: if you don’t have a valid warrant signed by a judge, that’s called false arrest and imprisonment.

And then there’s the whole ‘overlapping authority’ thing. Cerasoli took this job understanding he would be working side-by-side with real law enforcement agencies – NOPD, Orleans Parish Criminal Sheriff’s Office, Louisiana State Police, and FBI. “Pish-posh” I guess according to Cerasoli. Those other law enforcement folks are amateurs compared to his newly hired, crack-staff, of mileage hounds! Cerasoli’s OI-GMen are in-the-house, ridding City Hall of paper-wasters, pen thieves, and email spammers.

Yes, I was outraged. Cerasoli, you were hired to investigate corruption in government. That means investigate, get a subpoena if you believe a crime has been committed, forward your findings to the appropriate authorities – NOPD or OPCS or Louisiana State Police or FBI – and move on. Why in the world do you think you need leg-irons and machine guns to investigate white collar crime? This is an unwarranted, unnecessary, and illegal usurping of power at taxpayer expense.

It’s ‘Cerasoli Gone Wild’ showing his soft, unattractive underbelly.

Even if you hate Mayor Nagin – I’ve called him a knucklehead more often than most – if you’re sane, you’ve got to be hoping Ray instructs NOPD Superintendent Riley to refuse any request to deputize and arm OIG employees.

Regardless of what Nagin says, however, the hard truth of the matter is that Cerasoli can spend OIG budgeted funds and arm all 20 of his employees – the secretaries, the runners, the lawyers, the accountants – everybody. But none of us should countenance any civil servants’ attempt to arrest and detain anyone without proper legal authority.


This is New Orleans, not the Wild-Wild West. Annie and Robert – Drop the Gun!