Arbeit Macht Frei

Oklahoma and surrounding judges are sending accused criminals to slave labor camps, in particular, they get sent to Christian Alcoholics & Addicts in Recovery (CAAIR):

The worst day of Brad McGahey’s life was the day a judge decided to spare him from prison.

McGahey was 23 with dreams of making it big in rodeo, maybe starring in his own reality TV show. With a 1.5 GPA, he’d barely graduated from high school. He had two kids and mounting child support debt. Then he got busted for buying a stolen horse trailer, fell behind on court fines and blew off his probation officer.

Standing in a tiny wood-paneled courtroom in rural Oklahoma in 2010, he faced one year in state prison. The judge had another plan.

“You need to learn a work ethic,” the judge told him. “I’m sending you to CAAIR.”

McGahey had heard of Christian Alcoholics & Addicts in Recovery. People called it “the Chicken Farm,” a rural retreat where defendants stayed for a year, got addiction treatment and learned to live more productive lives. Most were sent there by courts from across Oklahoma and neighboring states, part of the nationwide push to keep nonviolent offenders out of prison.

………

There wasn’t much substance abuse treatment at CAAIR. It was mostly factory work for one of America’s top poultry companies. If McGahey got hurt or worked too slowly, his bosses threatened him with prison.

And he worked for free. CAAIR pocketed the pay.

“It was a slave camp,” McGahey said. “I can’t believe the court sent me there.”

………

But in the rush to spare people from prison, some judges are steering defendants into rehabs that are little more than lucrative work camps for private industry, an investigation by Reveal from The Center for Investigative Reporting has found.
The programs promise freedom from addiction. Instead, they’ve turned thousands of men and women into indentured servants.

The beneficiaries of these programs span the country, from Fortune 500 companies to factories and local businesses. The defendants work at a Coca-Cola bottling plant in Oklahoma, a construction firm in Alabama, a nursing home in North Carolina.
Perhaps no rehab better exemplifies this allegiance to big business than CAAIR. It was started in 2007 by chicken company executives struggling to find workers. By forming a Christian rehab, they could supply plants with a cheap and captive labor force while helping men overcome their addictions.

………

Chicken processing plants are notoriously dangerous and understaffed. The hours are long, the pay is low and the conditions are brutal.

………

Those who were hurt and could no longer work often were kicked out of CAAIR and sent to prison, court records show. Most men worked through the pain, fearing the same fate.

………

Legal experts said forcing defendants to work for free might violate their constitutional rights. The 13th Amendment bans slavery and involuntary servitude in the United States, except as punishment for convicts. That’s why prison labor programs are legal. But many defendants sent to programs such as CAAIR have not yet been convicted of crimes, and some later have their cases dismissed.

“You’ve got to be kidding me,” Noah Zatz, a professor specializing in labor law at UCLA, said when presented with Reveal’s findings. “That’s a very strong 13th Amendment violation case.”

CAAIR has become indispensable to the criminal justice system, even though judges appear to be violating Oklahoma’s drug court law by using it in some cases, according to the law’s authors.

Drug courts in Oklahoma are required to send defendants for treatment at certified programs with trained counselors and state oversight. CAAIR is uncertified. Only one of its three counselors is licensed, and no state agency regulates it.

………

Men who were injured while at CAAIR rarely receive long-term help for their injuries. That’s because the program requires all men to sign a form stating that they are clients, not employees, and therefore have no right to workers’ comp. Reveal found that when men got hurt, CAAIR filed workers’ comp claims and kept the payouts. Injured men and their families never saw a dime.

………

“That’s fraudulent behavior,” said Eddie Walker, a former judge with the Arkansas Workers’ Compensation Commission. He said workers’ comp payments are required to go to the injured worker. “What’s being done is clearly inappropriate.” 

Everyone involved in this atrocity should be prosecuted to the fullest extant of the law:  The people who run CAAIR, the judges who illegally send them there, the senior executives at poultry and pet food companies who knowingly used slave labor.

This is just f%$#ing evil.

Private Prisons

In Estancia, New Mexico, a private prison is threatening to close unless the authorities throw some more people in prison:

The company that has operated a private prison in Estancia for nearly three decades has announced it will close the Torrance County Detention Facility and lay off more than 200 employees unless it can find 300 state or federal inmates to fill empty beds within the next 60 days, according to a statement issued Tuesday by county officials.

“This is a big issue for us,” Torrance County Manager Belinda Garland said in a phone interview Tuesday. “It’s going to affect Torrance County in a big way.”

Jonathan Burns, a spokesman for CoreCivic — formerly known as Corrections Corporation of America — had this to say about the closure:

“The city of Estancia and the surrounding community have been a great partner to CoreCivic for the last 27 years. CoreCivic is grateful for the support the community has shown through the years and we’re honored to have been a part of that community. Unfortunately, a declining detainee population in general has forced us to make difficult decisions in order to maximize utilization of our resources.”

Garland said the prison’s imminent closure will affect the county in a number of ways, not the least of which is that the county, which does not have its own jail, will have to find another place to house the 40 to 75 inmates it sends there each month.

Seriously, holding a town for ransom in an attempt to get law enforcement to lock up more people.

That is pretty f%$#ing cold.

For Once, Maryland Politics Works

About a month ago the Maryland state Supreme Court ordered an overhaul of the bail system so that people do not spend weeks or months in pre-trial detention simply because they are poor:

Maryland’s highest court voted unanimously Tuesday to overhaul the state’s bail policies, essentially abolishing a system in which poor people could languish behind bars for weeks or months before trial because they could not post bond.

The rule change, which takes effect July 1, requires judges to impose the “least onerous” conditions when setting bail for a defendant who is not considered a danger or a flight risk.

That means Maryland will join a handful of states, including New Mexico, Kentucky and New Jersey, that have moved away from bail as part of a larger criminal-justice overhaul movement.

Judges will be required for the first time to consider whether a defendant can afford to make bail before setting their pretrial release conditions. They must also weigh whether defendants pose a risk of committing another crime or of not appearing for their next court date.

The directive approved by the rules committee of the Maryland Court of Appeals says that “preference should be given to additional conditions without financial terms,” court spokesman Kevin Kane said.

Maryland Attorney General Brian E. Frosh (D), who has been pushing for an overhaul of the system, called the rules change a “huge step forward” that will lead to “more justice in Maryland.”

Of course, there is a politically connected group who promptly got the state Senate to pass a bill eviscerating this ruling, but following an overwhelming vote against this bill by Maryland black caucus in the House of delegates, it appears it won't even make it to the floor there:

In what could be a devastating blow to bail bondsmen, Maryland's Legislative Black Caucus voted overwhelmingly Thursday to oppose legislation that would partially restore the role of cash bail in pretrial release.

The caucus voted, 31-5, to oppose a bill favored by the bail bond industry — and approved by the state Senate — that would overrule the Court of Appeals' instruction in February that court commissioners and judges consider other forms of pretrial release before resorting to cash bail.

Opponents of the bill said the vote gives House Speaker Michael E. Busch the political cover he needs to keep the legislation off the House floor. Busch later acknowledged that the vote affects the bill's future.

"This sends a clear message to House leadership that the issue is dead for this year," Del. Curt Anderson said.

The question of how the General Assembly should respond — if at all — to the Court of Appeals rule has been one of the hardest-fought battles of this legislative session. The caucus came down firmly on the side of letting the rule stand.

………

The industry objected to a provision of the Court of Appeals rule that diminished the role of cash bail in pretrial release. "Preference should be given to additional conditions without financial terms," the rule reads.

The Senate bill would supersede that provision and put cash bail on a par with other conditions, which include steps such as drug treatment, monitoring and home detention.

The bill is now bottled up in the House Rules & Executive Nominations Committee because the Senate passed it after a legislative deadline. Opponents want the speaker to keep it there, and the caucus action bolsters their case. Members of black caucus make up about 40 percent of Democrats in the House.

I've gotta contact Busch's office and ask him to keep the bill off the floor.

BTW, like all recipients of corporate welfare, the bail bondsmen have set up a sophisticated and expensive lobbying and PR campaign.

All this to fight a rule that basically says, "If the defendant is not a risk, don't throw him in jail for being poor."

These ratf%$#s make Comcast look like Albert Schweitzer.

About that Clinton Credit Card Post………

It turns out that the report of many multiple unauthorized charges against donor's credit cards by the Clinton campaign was reported by the Observer, and their publisher is Jared Kushner, who is Donald Trump's son-in-law. (Thanks Daniel)

I looked around the internet, and with one exception, all the stories come link back to the Observer.

The exception, dating from June, is a TV report about he travails of a single donor who experienced problems.

As such, this story is unsubstantiated, and I refract retract it.

I will continue to follow this though.

A Good Start

The Department of Justice has announced that it will be ending its use of private prisons:

The Justice Department plans to end its use of private prisons after officials concluded the facilities are both less safe and less effective at providing correctional services than those run by the government.

Deputy Attorney General Sally Yates announced the decision on Thursday in a memo that instructs officials to either decline to renew the contracts for private prison operators when they expire or “substantially reduce” the contracts’ scope. The goal, Yates wrote, is “reducing — and ultimately ending — our use of privately operated prisons.”

“They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security,” Yates wrote.

Note that this only applies to federal prisons run by the DoJ, not state and local prisons or immigrant detention facilities maintained by the Department of Homeland Security.

As to whether this policy will move quickly enough, my guess is that we'll have to wait for the next President.
Memo after the break.

Newspaper Correction of the Week

H/t Jim Romenesko.

Protect and Serve, My Ass

What a surprise. Chicago cops are actively sabotaging their dashcams:

Why are so many police dashcam videos silent?

Chicago Police Department officers stashed microphones in their squad car glove boxes. They pulled out batteries. Microphone antennas got busted or went missing. And sometimes, dashcam systems didn’t have any microphones at all, DNAinfo Chicago has learned.

Police officials last month blamed the absence of audio in 80 percent of dashcam videos on officer error and “intentional destruction.”

A DNAinfo Chicago review of more than 1,800 police maintenance logs sheds light on the no-sound syndrome plaguing Police Department videos — including its most notorious dashcam case.

Maintenance records of the squad car used by Jason Van Dyke, who shot and killed Laquan McDonald, and his partner, Joseph Walsh, show monthslong delays for two dashcam repairs, including a long wait to fix “intentional damage.”

On June 17, 2014, police technicians reported fixing a dashcam wiring issue in police vehicle No. 6412, the squad shared by Van Dyke and Walsh, about three months after it was reported broken, records show.

A day later, the same vehicle's dashcam system was reported busted again. It took until Oct. 8, 2014, to complete repairs of what technicians deemed “intentional damage,” according to reports.

Just 12 days later, on Oct. 20, 2014, dashcam video recorded from squad car No. 6412 on the night Van Dyke shot and killed McDonald did not record audio. The video that went viral showing Van Dyke killing Laquan was taken from a different squad car, but it, too, had no audio.

………

Police officials quickly placed the blame on officers and shift supervisors responsible for making sure dashcam systems work properly before officers go on patrol.

In December, interim Police Supt. John Escalante warned the rank and file that they would be disciplined for failing to follow proper dashcam protocol. Weeks later, he followed through by hitting some officers and supervisors with formal reprimands and up-to-three-day suspensions.

“To boil this down, the Police Department will not tolerate officers maliciously destructing equipment,” police spokesman Anthony Guglielmi said.

Note that there are threats, but when the president of the local police union complains, he does not complain about actual punishments, just the threat of punishment.

This isn't going to be fixed until someone from the outside excises the rot at the department's core.

29 Dead, and Only a Misdemeanor?

Donald Blankenship, former President of Massey Energy, was convicted of only a misdemeanor for his role in the deaths of miners in a mine explosion:

Donald L. Blankenship, whose leadership of the Massey Energy Company was widely criticized after 29 workers were killed in the Upper Big Branch mine in 2010, was convicted Thursday of conspiring to violate federal safety standards, becoming the most prominent American coal executive ever convicted of a crime related to mining deaths.

But in a substantial defeat for the Justice Department, the verdict, announced in Federal District Court here, exonerated Mr. Blankenship, Massey’s former chief executive, of three felony charges that could have led to a prison term of 30 years. Instead, after a protracted and complex trial that began on Oct. 1, jurors convicted Mr. Blankenship only of a single misdemeanor charge that carried a maximum of a year in prison.

“We are disappointed, but not as disappointed as we could have been,” said William W. Taylor III, a defense lawyer for Mr. Blankenship, who will appeal the conviction and is expected to be sentenced next spring.

Mr. Blankenship was not tried on any charges that accused him of direct responsibility for the deaths at Upper Big Branch, which investigators said exploded because of improper ventilation that allowed gases to accumulate. But prosecutors argued that Mr. Blankenship’s leadership had laid the groundwork for a catastrophe. There was not necessarily a formal conspiracy, prosecutors acknowledged, but they said that Mr. Blankenship’s example and tone had set Massey on a course that put profits ahead of lives.

I hope that the judge sentences him to the full year, but somehow I doubt it.

I expect him to get probation, or possibly house arrest, which would be far less satisfying than his ass getting shivved while he is in the stir.

Sweet………

The FCC has ruled against the exploitative phone companies that gouge prisoners and their families:

The price inmates pay to call their friends and family is set to decrease after the Federal Communications Commission voted Tuesday to cap the rates.

The vote was part of a years-long push to decrease the cost of prison and jail calls, which have been described as predatory and are dramatically higher than general rates for the public.

"The truth is that each of us is paying a heavy price for what is now a predatory, scaled market regime," said Commissioner Mignon Clyburn, a Democrat, who has led the charge. "None of us here would ever consider paying $500 a month for a voice only service where calls are routinely dropped for no reason."

The FCC also implemented new rules it said would “discourage” advance payments [kickbacks to the jails] that the few dominate calling services give to prisons to win exclusive contracts, sometimes described as "kickbacks." Advocates and even the phone companies themselves pushed the FCC to go further to end the payments altogether, which are technically called site commissions. But the FCC said its authority to do that is questionable.

Clyburn encouraged states to reevaluate those payments and to cap rates at even lower levels at the local level, as a few states have already done.

Most inmates' calling rates will drop to 11 cents per minute, though rates will be capped at higher prices in smaller prisons and jails. Other transaction fees will be capped between $2 and $6.

The cap is a more than 50 percent drop from previous limits, and those only applied to calls between states. The new cap will apply to all calls within a state and between states.

Civil rights groups and others have pointed to the benefits of inmates being able to make calls affordably and how close contact with family can help reduce recidivism.

Phone companies have been required to ensure that their rates for inmate calls are reasonable and fair. One way they have justified higher-than-normal prices in the past is by factoring in the upfront payments for contracts.

The new order would allow these payments to go forward but would prevent phone companies from factoring them in when calculating phone rates.

I understand that a part of the corrections is punitive, but that is not an excuse to gouge prisoners and their families, particularly when the rest of us bear the cost of though increased recidivism and general misery.

The bad guys lose today, for a while at least.

I fully expect moves in congress to reverse this decision.

Another Reason to Support Bernie Sanders

In a rally a few days ago, the distinguished gentleman from Vermont has said that he will be introducing legislation to ban private for profit prisons:

Democratic presidential candidate Bernie Sanders is taking his criminal justice reform platform from the campaign trail to the Senate with a plan to introduce legislation outlawing private prisons when Congress returns from August recess.

Daily Kos first noted that at his Reno, Nevada, rally on Tuesday night, the Independent senator told a gathered crowd of 4,500 supporters that “when Congress reconvenes in September, I will be introducing legislation, which takes corporations out of profiteering from running jails.”

Sanders, who is opposed to building any new prisons, has long advocated against draconian sentencing laws, voting in favor of investments in alternative sentencing and telling the Nevada crowd that he also plans to tackle mandatory minimums for certain crimes:

We want to deal with minimum sentencing. Too many lives have been destroyed for non-violent issues. People that are sent to jail have police records. We have got to change that. Our job is to keep people out of jail, not in jail.

Our system of private gulags is deeply and ineluctably evil.

They serve to create a system where taxpayer money goes to increased incarceration by private companies, who then use political contributions to secure their rents.

It is thoroughly corrupt, and it needs to end now.

My Bad! Bernie Sanders is not Going to be Ratf%$#ed in New York

Last week, I noted that Bernie Sanders' independent status would prevent him from being on the primary ballot in New York.

I was wrong. It turns out out that his independent status will not prevent his being on the ballot, though there is always the possibility that they will find a different way to ratf%$# his campaign:

Several New York politics blogs and publications have recently said that Bernie Sanders is in danger of being kept off the New York presidential primary ballot because he is not a Democrat and the Democratic Party has the power to keep non-members off its prseidential primary ballot. Here is the article in Power Line; here is the article in Gothamist. Here is the CapitalNew York story.

The articles are incorrect. The Wilson-Pakula law does not pertain to presidential primaries. The Wilson-Pakula law, sec. 6-120, does keep non-members off the primary ballots of parties (unless party committees approve letting them on), but it only relates to offices for which nominations are made. No state’s presidential primary nominates a major party’s presidential candidate. Only the party’s national conventions do that. The candidates in New York Democratic presidential primaries are individuals running for Delegate to the national convention.

My bad.  I was wrong.

It's More than Just the Baltimore Police That Are Dusfunctional

It appears that a the Baltimore jails are systematically denying appropriate healthcare to its inmates:

Weeks after Baltimore announced plans to construct a new, $30 million youth jail, a motion filed by the ACLU, Public Justice Center, and Law Offices of Elizabeth Alexander claims detainees are routinely denied life-saving medications, due to systemic failures in the Baltimore City Detention Center (BCDC). In addition to gross medical neglect, the motion alleges that inmates are also housed in moldy, vermin-infested units that exacerbate existing health problems.

The organizations behind the motion conducted a comprehensive review of 13 death cases and 24 randomly-selected medical records from 2013 to 2015, concluding that inmates with chronic diseases had their medications interrupted. For instance, an HIV-positive detainee alleges his antiretrovirals were taken away upon entry, but nurse notes indicate that some of his medication wasn’t available, which is why he didn’t receive it for five days. BCDC allegedly failed to give another inmate with a significantly low white blood cell count his prescribed retrovirals until shortly before his death. The review says hypertensive cardiovascular disease claimed the life of another detainee who was prescribed medication for his blood pressure and heart but was never given the proper drugs. Due in part to a failure to complete ordered laboratory tests, another person allegedly died of because of blood in the sac close to her heart. And people with diabetes allegedly did not receive prescribed insulin for extended periods of time, and had their dietary restrictions ignored.

The motion also claims that inmates with physical disabilities are denied proper medical attention. On multiple occasions, BCDC allegedly failed to give an inmate with urinary problems clean catheters, and the one bathroom he can access is flooded. The motion also mentions a detainee relegated to a defective wheelchair who had back pain for five months, but wasn’t given his muscle relaxant. Additionally, the motion claimed an amputee with severe pain hasn’t had a thorough exam to evaluate his pain or prescribe the most effective medication.

I understand that locking people up is expensive, but if you are  going to lock people up, you have to provide at least minimally competent medical care.

This is Nearly Unprecedented

(Retitled on 7/1/2016 because some moron at Google™ Adsense™ flagged it as sexually explicit because of the title)

In response to prosecutorial misconduct, a California judge has dismissed the whole Orange County DA's Office from a case:

Prosecutorial and police misconduct are often dismissed as just a few bad apples doing a few bad apple-ish things. But what happens when it’s entrenched and systemic and goes unchecked for years? That looks to be the case in Orange County, California, where the situation got so completely out of hand this spring that Superior Court Judge Thomas Goethals issued an order disqualifying the entire Orange County District Attorney’s Office (that’s all 250 prosecutors) from continuing to prosecute a major death penalty case.

After literally years of alleged misconduct involving jailhouse informants, as well as prosecutors’ repeated failures to turn over exculpatory material, Judge Goethals determined in March that the office can simply no longer work on the case of mass murderer Scott Dekraai, who pleaded guilty last year to killing his ex-wife and seven others at a beauty salon in 2011.

Revelations of misconduct in the Dekraai case have raised questions about patterns of obstruction and deception that have unraveled various other murder cases in the county, which has a population larger than that of 20 different states. Other cases involving informants who were eliciting illegal confessions have emerged, entire cases have collapsed, and more may follow. The story goes way back to the 1980s, as R. Scott Moxley explains at length in the OC Weekly, to a prosecutorial scandal that ended in the execution of one defendant and a lengthy sentence for his alleged co-conspirator. Their convictions were based on the testimony of various jailhouse informants even though they told conflicting stories. That scandal rocked the area then, and this new one shows eerie parallels.

………

One issue in the Dekraai case is whether deputies deliberately placed him near a prized informant to elicit illegal confessions. While preparing for the penalty phase of the trial, Santa Ana assistant public defender Scott Sanders, who is defending Dekraai, discovered that a jailhouse informant who had produced damning evidence about his client had done the same thing in another case Sanders was handling. After further investigation, Sanders claimed that a branch of the Orange County Sheriff’s Department called “special handling” would deliberately place jailhouse snitches in cells next to high-value inmates awaiting trials, with instructions to collect confessions, a practice that is unconstitutional.

Together with his law clerks, Sanders spent a year unearthing and then reconstructing a tranche of 60,000 pages of records indicating that the county sheriff’s office routinely used and coordinated with those informants to get around the constitutional prohibition on eliciting incriminating statements from defendants who had lawyered up and should not have been interrogated. The sheriff’s department has admitted that mistakes were made. The DA’s office claims there was nothing coordinated or systemic going on. But Judge Goethals disagreed, finding that the new revelations called into question the integrity of the entire Orange County District Attorney’s office.

Initially, Judge Goethals had ruled that the DA’s office was negligent in failing to turn exculpatory information over, finding that “the district attorney’s well-documented failures in this case, although disappointing, even disheartening to any interested member of this community, were negligent rather than malicious.” But that seems to have changed following further revelations of refusal to turn over evidence.

In an explosive moment following a hearing last year, Sanders revealed that the Orange County Sheriff’s Department has maintained a massive, secret, 25-year-old computerized record-keeping system called TRED. These TRED documents were full of potentially exculpatory data, but the agency officials had systematically refused to turn any of them over, or even acknowledge their very existence, to defense counsel.

In his March order, Goethals wrote: “It is now apparent that the discovery situation in this case is far worse than the court previously realized. In fact, a wealth of potentially relevant discovery material—an entire computerized data base built and maintained by the Orange County Sheriff over the course of many years which is a repository for information related directly to the very issues that this court was examining as a result of the defendant’s motion—remained secret, despite numerous specific discovery orders issued by this court, until long after the initial evidentiary hearing in this case was concluded and rulings were made.”

………
What’s wrong with using jailhouse informants? It depends on how they are used. Testimony from snitches is certainly legal—even if the informant gets rewarded with a reduced sentence or material benefits or even cold, hard cash. But evidently the Orange County informants were deliberately moved to be closer to high value targets, they taped their conversations, and the records of much of this conduct were then hidden. As Dean Erwin Chemerinsky explains, the Constitution limits the use of jailhouse informants to situations in which statements are made voluntarily to cellmates, not orchestrated and recorded by jailhouse officials, all of which makes the interaction too much like an interrogation. The 1964 Supreme Court case Massiah v. United States bars the government from eliciting incriminating statements from a defendant after the right to counsel has kicked in. In Dekraai’s case the issue was how jailhouse informant Fernando Perez found his way into a cell next to Dekraai, befriended him, and then reported hearing him “bragging” about the Seal Beach murders.


The answer to that question is troubling. According to a 505-page motion filed by Sanders, Dekraai was somehow placed next to a guy known as “Inmate F,” (Perez) who then buddied up to Dekraai, heard all he had to say and then—to hear prosecutors tell it—came forward out of the goodness of his heart. As Sanders explained:

It appeared that the prosecution had been the recipient of extraordinarily good luck. The inmate housed closest to Dekraai was a good listener, a great note taker, and someone so selfless that he wanted to assist the OCDA [Orange County district attorney] and local law enforcement without wishing for anything in return. OCDA Investigator Erickson's subsequently written report confirmed this picture of Inmate F. The prosecution promised nothing in return for his assistance, which was perfect for Inmate F. because he wanted nothing.

The problem for the Orange County District Attorney’s Office arose after Sanders started digging into details about Inmate F and happened upon, just for starters, a note in his file stating: “WAS TERMINATED AS A C.I. [confidential informant]—DO NOT USE AS A C.I.” as well as his colorful history of three-strikes convictions and conspiracies to murder fellow inmates.

Last August, Judge Goethals ruled that prosecutors couldn’t use the Perez statements during the penalty phase of the trial, but he also found that there was no evidence of a conspiracy, just that mistakes were made. But after Sanders found the TRED records, it became clear that sheriff’s officials—not a nurse, as they had sworn, under oath—had put Perez next to Dekraai’s cell, and that the violations were likely deliberate and coordinated.
………

The problem with the system set up in Orange County, according to Sanders, was that jailhouse informants were asked to collect incriminating statements and then share them with prosecutors in exchange for reduced charges or other favors. Last November, the Orange County Register reported that two prolific informants with extensive criminal records had received more than $150,000 from law enforcement agencies for obtaining information from jailed suspects awaiting trials.

………

The Dekraai case became a turning point in Orange County when Judge Goethals got mad. He found that two deputies, Ben Garcia and Seth Tunstall, who belonged to the “special handling” unit dealing with informants, testified falsely to the court, denying the very existence of the TRED records at a crucial hearing last year. He also found that a prosecutor, Eric Petersen, had testified falsely.

………
In the end it took a crusading public defender and a judge finally willing to believe him to smoke out the wrongdoing. In tossing the entire DA’s office off the Dekraai case, Judge Goethals wrote that “certain aspects of the district attorney’s performance in this case might be described as a comedy of errors but for the fact that it has been so sadly deficient. … There is nothing funny about that.” The disqualification of an entire prosecutor’s office rarely, if ever, occurs. But Judge Goethals finally concluded that in hiding exculpatory evidence, and then covering up the whole mess, the “District Attorney has a conflict of interest in this case, which has actually deprived this defendant of due process in the past.”

………

The constitutional protections built into our criminal justice system are not perfect. But the events of the past year in Orange County reveal that the alternative—a nihilistic sense that we can do whatever we must to nail the criminals—is far more dangerous. Especially if we let the most dangerous criminals walk in exchange for snitching in trivial cases. Yet more dangerous still is our tendency to turn a blind eye on the practices that are now coming to light in Orange County. They happen in secret because not enough people want to know about them. And they will continue to happen because so many people keep trying so hard not to care.

The law here is pretty clear:  Once a defendant has lawyered up, neither the police nor the prosecutors may talk to him without his counsel.

This applies to any person acting as an agent of the police or prosecutors, and it is clear that the police, prisons, and prosecutors deliberately used their jailhouse snitches as agents, and then concealed this though obstruction of justice and perjury.

I fear that these practices are far more common that we are led to believe.

The Fact That This Passed the Laugh Test Is Concerning

In a case from (where else) Texas, the plaintiffs are claiming that redistricting should be done on the basis of registered voters, not on the basis of people:

The Supreme Court agreed on Tuesday to hear a case that will answer a long-contested question about a bedrock principle of the American political system: the meaning of “one person one vote.”

The court’s ruling, expected in 2016, could be immensely consequential. Should the court agree with the two Texas voters who brought the case, its ruling would shift political power from cities to rural areas, a move that would benefit Republicans.

The court has never resolved whether voting districts should have the same number of people, or the same number of eligible voters. Counting all people amplifies the voting power of places with large numbers of residents who cannot vote legally, including immigrants who are here legally but are not citizens, illegal immigrants, children and prisoners. Those places tend to be urban and to vote Democratic.

A ruling that districts must be based on equal numbers of voters would move political power away from cities, with their many immigrants and children, and toward older and more homogeneous rural areas.

………

The Supreme Court over the past nearly 25 years has turned away at least three similar challenges, and many election law experts expressed surprise that the justices agreed to hear this one. But since Chief Justice John G. Roberts has led the court, it has been active in other voting cases.

In 2013, in Shelby County v. Holder, a closely divided court effectively struck down the heart of the Voting Rights Act.

The new case, Evenwel v. Abbott, No. 14-940, concerns state and local voting districts. But “the logic of the decision in Evenwel will likely carry over to congressional redistricting,” said Richard L. Hasen, a law professor at the University of California, Irvine.

This is a big deal, and the fact that they are even hearing this is an indication of just how corrupt and partisan the conservative wing of the Court.

This would be a complete reversal of decades of precedent, and if the Court to overturns their prior rulings, it would the most unprincipled and biased ruling by the Court since Bush v. Gore in 2000.

Note also that by putting impediments to registration between citizens, in Wisconsin, photo ID sites avoid urban areas for example, it possible for evil people to further skew redistricting.

Of course, for "jurists" like Scalia and Alito, this is a feature, not a bug.

The effect of this bill might be less than anticipated though: There were 2,266,800 adults in detention in 2011, and 70,792 juveniles incarcerated in 2010^*, and particularly for the prison population these are overwhelmingly held in rural areas.

These inmates are counted as residents of the district in which they are held, and as such, they give a big bump to rural representation.

If these people are not counted for the purposes of redistricting, this would move what would likely be over a million people out of rural districts.

^*http://en.wikipedia.org/wiki/Incarceration_in_the_United_States

This is Disgraceful

It appears that the Obama administration is ignoring federal law intended to prevent jailing juveniles in adult prisons:

The Obama administration is failing to sanction states that house excessive numbers of teenagers and children in adult jails and prisons, placing them at greater risk for violent attacks, sexual assaults and suicide, two career Justice Department employees plan to testify Tuesday in front of a Senate panel.

Under a 1974 law known as the Juvenile Justice and Delinquency Prevention Act, the Justice Department is required to sharply curtail some federal aid to state governments when those states incarcerate too many juveniles and children in adult jails and prisons. The law also demands that the federal government withhold such funds from states that lock up large numbers of so-called status offenders -- children and teens who have engaged in minor offenses such as truancy, curfew violations, drinking alcohol or running away from home.

The law was later amended to require the Justice Department to also cut grant money to states that fail to make fixes after the determination that their criminal justice systems hold "disproportionate" numbers of minority youths.

The two career Justice Department officials are expected to testify that the Obama administration is in violation of federal law by continuing to provide these funds to eight jurisdictions that do not meet one or more of those standards: Virginia, Illinois, Tennessee, Rhode Island, Idaho and Alabama, plus the District of Columbia and Puerto Rico.

Really?

The evidence is fairly clear here. Children incarcerated with adults are more likely to be raped, and they are more likely to become hardened criminals.

This is contemptible.

A Correction:

When I wrote about the fact that the Iditarod sled dog race was beginning to look like Arizona, I mentioned that I saw the start of the Iditerod in 1968.

This is in error.  It was a different race.

According to Mutharch, aka Saroff, aka my dad, it was the the Anchorage Fur Rendezvous which was a fair and a roughly sled dog race of about 25k.


My apologies.

Oh, My F%$#ing God! This is Not the Onion

Private prison company Corrections Corporation of America, looking to expand its business. intends to open an animal shelter:

Sorry, give me a second. BREATHE JANE. BREATHE…okay. Just a few more deep breaths.

Almost there.

So Corrections Corporation of America — the people who brought you immigrant abuse in their private Texas prisons — want to get into the animal shelter business. In Citrus County Florida.

IT’S NOT ENOUGH that CCA is understaffing their people prisons to cut corners, resulting in higher levels of inmate violence and death. Which they then overbill for. And you can’t FOIA how many sexual assaults are happening there because as a private company they’re not responsive to FOIA requests.

They’ve been sued for insufficiently treating inmates who have health problems because that costs money, then they pay academics from Temple University to run “astonishingly misleading” studies that say they “save money” because they don’t take into account health care costs. Which they don’t want to pay.

They also hire people to work in prisons who have, you know, murdered people.

The most depressing thing is that we are likely to see more outrage over how CCA would treat dogs than how it would treat human beings.

Yeah, I Get It

I f#@&ed up.

Won't happen again.

If you don't get the context, good.

It does not effect you.

Posted via mobile.

A Minor Correction

Yesterday, I suggested that Gary Larson had encapsulated the id of Baltimore.

On further examination, I realized that I neglected to mention B. Kliban, who penned this cartoon.

He's best known for his cat cartoons, but he was seriously bent artist.

His cartoon is just one step removed from Attila the Hon.

I Just Got F%$#ing Pwned (Owned) by a Man Who Has Been Dead for 224 Years

I am referring, of course to Ben Franklin.

Andy Kaufman has nothing on post-death humor.

Specifically, when I blamed Ben Franklin for creating Daylight Saving Time, I neglected to do my research.

It turns out that Ben Franklin's suggestion was satire:

During his time as an American envoy to France, Benjamin Franklin, publisher of the old English proverb, "Early to bed, and early to rise, makes a man healthy, wealthy and wise", anonymously published a letter suggesting that Parisians economize on candles by rising earlier to use morning sunlight. This 1784 satire proposed taxing shutters, rationing candles, and waking the public by ringing church bells and firing cannons at sunrise. Franklin did not propose DST; like ancient Rome, 18th-century Europe did not keep precise schedules. However, this soon changed as rail and communication networks came to require a standardization of time unknown in Franklin's day.

I must remember: Google before shooting off my mouth.

It appears that I am not a hoopy frood who knows where my towel is.