Category: Prisons and Policing

  • Following his conviction on 34 felony counts, former President Donald Trump will be sentenced on July 11. While celebrated by many as an unprecedented example of legal accountability for elected officials, the Trump trial has also demonstrated a long-established truth: there are two justice systems in America—one for the rich, and one for the poor. Journalist Laura Flanders and historian Rick Perlstein join a special livestream discussion with the hosts of Police Accountability Report Taya Graham and Stephen Janis to discuss the inequality of the US criminal justice system, and how backlash to the trial could threaten the future of democracy.

    Studio: David Hebden, Cameron Granadino
    Production: Stephen Janis, Taya Graham, Maximillian Alvarez


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham, and welcome to our Trump conviction post-verdict livestream. For the next hour and a half, we will discuss the fallout and reaction to the 34 felony count verdict that was handed out by a jury two weeks ago. It was historic, of course. Never in our country has a former or current president been convicted of a crime, but it also elicited a very revealing type of pushback, from both the punditry and the political elites. And so in the grand tradition of The Real News, we are here to offer a counter to the mainstream media narrative and to provide a different perspective from which to view this momentous event.

    To do so, I’m going to be of course joined by my reporting partner, Stephen Janis, who with me, will be breaking down some alternative ways of analyzing the jury’s decision. As two reporters who have covered the criminal justice system for nearly a decade, we both find the pushback against the verdict quite illuminating, a bit of a yet-to-be-told story about how the elites of this country perceive justice when it’s applied to one of their own.

    But we will also be joined by other guests who will share their own unique insights into what this verdict means for us and our country. We’ll be joined by our two outstanding colleagues, Maximilian Alvarez, our editor-in-chief and champion of the podcast, Working People, and Marc Steiner, who of course hosts the incredible show, the eponymous Marc Steiner Show on The Real News, including a fantastic series focusing on the rise of the right, so be sure to check out those podcasts if you haven’t already.

    We’ll also be joined by award-winning broadcast journalist, Laura Flanders of the Laura Flanders and Friends Show, and she’s the author of six books. In 2019, she was awarded an Izzy Award for excellence in independent media, as well as a Pat Mitchell Lifetime Achievement Award from the Women’s Media Center for Advancing Women and Girls Visibility and Power in Media. It’s an absolute pleasure to have her here.

    And we will have the renowned author and historian, Rick Perlstein, author of the books, Reaganland and Nixonland, and he is the author of five bestselling books. Perlstein received the 2001 Los Angeles Time Books Prize for his very first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and orgs like Politico have christened him the chronicler extraordinaire of the modern conservative movement. It is going to be such a pleasure to have such a nuanced conversation with these knowledgeable guests.

    Also, just a note, I will be reading your comments from the live chat and posting them, and also if possible, at the end, posing some of the questions you ask. But first, I want to discuss with you, Stephen, some of what I want to call the fallout, so to speak, over Trump’s verdict.

    Stephen Janis:

    It’s been revealing.

    Taya Graham:

    As we all know, former President Donald J. Trump was found guilty by a New York City jury of falsifying business records to high payments of hush money to former adult film star, Stormy Daniels. Prosecutors allege Trump had done so to influence the outcome of the 2016 election. The trial spanned almost two months, but it took the jury two days to reach a verdict. Suffice it to say that the reaction has been fast and furious. Republicans have been calling it a weaponization of the justice system, or lawfare, and they’ve made the argument that the verdict only helps Trump in the upcoming presidential election and that the charges other result of a purely political vendetta against Trump.

    Now to be clear, we are not weighing in on Trump’s pros or cons as a potential candidate or politician. We must remain agnostic. However, we can critique how his supporters have characterized the verdict and what that says about the criminal justice system.

    So as we mentioned before, Trump supporters immediately criticized the verdict and the case as both unfair and the result of political persecution. But Stephen, I think there’s something interesting embedded in this critique, notably that the outrage seems to be that these charges were simply unwarranted. The facts surrounding the case have pretty much been ignored, which is why I think this criticism is premised upon an intriguing construction of our criminal justice system, which we will discuss extensively later.

    I think the pushback implies that the system in this case didn’t work because the criminal justice system cannot charge the rich or powerful or otherwise privileged. In other words, it’s perfectly fine to prosecute working people for just about anything, no matter how trivial, but a former president and billionaire? Well, any attempt to ensnare him is simply unfair. Can you talk a little bit about that?

    Stephen Janis:

    Well, yeah, we were talking about when the verdict came out and the response and the immediate backlash, and we were both like, wow. So they finally got the religion of the problems with the criminal justice system. Suddenly, the criminal justice system is problematic, but I think for both of us, I think for both of us, this was revealing about a theme that we’ve talked about on our show consistently and that is the role of the criminal justice system in inequality. And the reason I think Republicans were pushing back is because they’re saying, “Well, the criminal justice system can’t prosecute the rich or the powerful. It only prosecutes poor people. It only prosecutes working people.”

    Taya Graham:

    Right.

    Stephen Janis:

    And I think also the fact that they ignored the facts is another part of that, because we talked about the way that this criminal justice system effectuates its power within the system, which is to police social boundaries in one sense and make sure that the working class political efficacy is dimmed, and also to a certain extent, to make facts irrational. You have a rational system and it makes it irrational, and especially in this case, by saying that there is no way, no way that any of the evidence or any of the facts matter in this case. All that matters is you tried to prosecute one of us and you successfully did it, and so therefore, it can only be a rational outcome. And it sows confusion and I think it also brings an irrational sense to a system that we want to be rational.

    So it’s really a very complicated, but also quite, like you said, like you pointed out, and that’s very important. The minute we heard it, we were like, ah, okay. So they’re defending the system of inequality just as much as they’re defending the candidate, Trump, and they’re saying that the system is nothing but irrational. But that’s what we’ve been talking about when we talk about all the people on our show who were prosecuted for nothing.

    Taya Graham:

    Exactly. We’ve been saying that for years.

    Stephen Janis:

    Whose lives are destroyed over nothing. How rational is that? Well, now they’ve had a taste of their own medicine and it’s very revealing.

    Taya Graham:

    Absolutely. And once again, I want to reiterate that we remain agnostic about the parties of the elites or their political agendas. I think one could argue that these wealthy elites aren’t really team blue or red. The only color they really care about is green, and my point is that these elites, these multimillionaires, the billionaires who control the criminal justice system seem to react with outrage when it turns towards them. That holding the rich accountable is prima facie an abuse of the system they constructed, which is an easy argument to make when you consider how often the ultra wealthy skirt accountability. The former CEO of Boeing, CEO Calhoun, put lives at risk by sacrificing safety to cut costs, and yet he’s not prosecuted. Instead, he receives a $45 million parachute. Or take any executive from Purdue Pharma who addicted and killed hundreds of thousands, and walked away fabulously wealthy with barely a single executive prosecuted.

    And perhaps what we’re seeing is an effort to distract from this imbalanced application of justice, because instead of addressing facts like these, they simply attack the entire system. However, when it comes to the relentless persecution of the working class, these same elites are effusive in their praise. I can’t even count the number of cases that we’ve covered that seem to be at the very least capricious, if not retaliatory against working people.

    And when I say that, we see an entirely different dynamic than a billionaire complaining about not being able to write off his payment of an adult film star as a business expense, or the assertion that he’s under attack because of his power. No, we see people who are targets simply because they are essentially powerless, working class people who can’t afford lawyers and publicists or hold the attention of the nation. Stephen, why is it so important to remember this in the context of the verdict?

    Stephen Janis:

    Well, I like the point you made. It was a great point and it is an excellent point, which is that they effectively are arguing that a billionaire should be able to write off his payments to his mistress on his taxes. That’s an important thing to me, because that’s a very difficult argument to make in rational, fact-based land, to say, yeah, we need to tear down the justice system because a billionaire wants to write off a payment to his mistress.

    Taya Graham:

    Those aren’t even crimes most of us can imagine committing.

    Stephen Janis:

    Well, that’s the thing, and to a certain extent, it exposes the inequality of the system in and of itself because it really poses a crime that none of us would ever have… Well, at least I know personally. I can’t speak for you, but I don’t have the ability to participate in that kind of crime. But what it really shows is the irrationality of an unequal system and how it manifests every day. So they’re in this dilemma I think, where they seem to be being righteous about something that is really outlandish, and also at the same time, trying to defend a system that upholds their inequality and the inequality that we all suffer from.

    Taya Graham:

    Well, let’s remind our viewers of some of the cases that clearly emphasize this point that we’ve covered.

    Stephen Janis:

    Yeah, sure.

    Taya Graham:

    There is a Texas first responder with 30 plus years as a career firefighter, Thomas C, who is falsely charged with a DWI. This case dragged through the courts for over two years, even though the police never turned in the toxicology evidence that proved his innocence. However, during that time, while the charges of a DWI hung over his head, he was forced to resign, literally a man who ran into burning buildings and saved lives as an EMT. Let’s just take a moment to listen to Thomas describe how this false DUI just nearly destroyed his career.

    Now, despite the difficulty in being arrested, separated from your pet and having them taken to animal control, there were other consequences. You almost missed your father’s funeral because of this, and it cost you your job and impacted your finances, right?

    Speaker 1:

    I’d already been on light duty because of my eye. I would need a cornea transplant to get my eye fixed. The fire department only gives you so long to be on light duty before they turn you loose, no more pay. If they have another job, I believe they’re obligated to offer you another job, so they sent me to go work in communications as a dispatcher and I was in training to become a dispatcher at the time. Because of the DWI, I was no longer allowed on the floor of the dispatch center. Because I was no longer allowed on the floor of the dispatch center, they ended up giving me a letter, “You can retire now or go work in another department in the city.” Or by then, I already knew that once I’d been charged, I’d go to tell someone, “You wouldn’t believe what happened. I got charged with a DWI. I don’t even drink. I haven’t in 33 years.” Never heard of someone getting a DWI that doesn’t even drink.

    Taya Graham:

    This is just a heartbreaking case, to know that Thomas C, he thought of these firefighters as his family. It is absolutely a heartbreaking case.

    Stephen Janis:

    And even when we reached out to the union officials and the people who should be protecting him, they just turned their backs on him and he lost his job, his whole career, over nothing, over a crime he didn’t commit.

    Taya Graham:

    I know.

    Stephen Janis:

    But there was no backlash from conservatives on that, or anyone from… You can’t reach politicians about these cases. They don’t comment. I know because I’m a reporter, because I ask. And when these things occur, there’s just silence, deafening silence. So just keep that in mind when we’re support… When… Yes. Okay.

    Taya Graham:

    That’s an excellent point.

    Stephen Janis:

    I’m not going to go too deep in the-

    Taya Graham:

    No, no, that’s an excellent point. The silence is deafening.

    Stephen Janis:

    It is deafening.

    Taya Graham:

    And I want to give you all another example. Consider the case of Michelle Lucas. Now, this is a hardworking grandmother of four who was charged with passing counterfeit money, one counterfeit $100 bill. Lucas had been forced to plead guilty to two felony counts until we investigated and exposed the flaws in this case.

    The case focuses on a person you might remember. Her name is Michelle Lucas and she was one of the stars of our documentary, the Friendliest Town, a film that recounts the firing of the first Black police chief of a small town on Maryland’s lower eastern shore called Pocomoke City. But the reason we reported on her a few months ago is because the hardworking grandmother of four and community activist was facing two felony counts of, wait for it, passing counterfeit bills.

    So how did this happen? Well, because Michelle did a favor for coworker. She was delivering pizzas for a Pocomoke restaurant when a cook asked her to pick up a bottle of tequila. To pay for it, he handed her a $100 bill. On her way back from her delivery, she paid for the liquor, gave it to the cook, and went back to work. But two hours later when she returned to the restaurant, she was greeted by a parking lot full of cops. I’ll let Michelle explain.

    Speaker 2:

    Two hours later, I’m coming back to the restaurant and there’s three sheriffs and two Pocomoke cops, and then he will say, “Hun, you’re getting charged with a felony.” And then I was like, “What?” I have never in my whole life, whole life, not even as a teenager with my mom, been in any trouble. So when he’s telling me I’m getting charged with a felony, my mind, I blanked out.

    Taya Graham:

    Fortunately, after we published her story and after Stephen sent some very effective emails to the public defender’s office, she was assigned a new public defender who withdrew her plea and the charges were dropped. Stephen, what do these unjust arrests and the silence of the elites about them say to you about our criminal justice system? And to be fair, there were hundreds of thousands of illegal arrests made in our Democrat-run city, just to be fair.

    Stephen Janis:

    I don’t want to sound too complicated but it’s a way of rationalizing the irrational aspects of the system, that we all live with the inequality. It’s a way of saying the irrational aspects of inequality, like people go broke over a medical bill or whatever, or can’t make a living wage, is actually rational because the criminal justice becomes a social boundary enforcer that keeps people like Michelle and keeps people like Thomas C. lacking the political efficacy or agency to fight back.

    That’s what’s so interesting about the Trump reaction, because suddenly, the criminal justice system is not rational. We know it’s not rational. We see it play out in the lives of people, of working class people all the time in irrational ways. But suddenly, suddenly the system that they will say is rational when poor people or working class people get caught up in it, suddenly is rational. So it shows, I think it exposes the underpinnings of the system, which is really the manufacturing of inequality and manufacturing the narrative of inequality to make sure that narrative is never really questioned by the people who are subject to it. So that’s what I think we see, and that’s why it’s important to remember these cases.

    Of course, in the case of zero tolerance, the Democrats were in power and 700,000 people were arrested in a city of… Over the period of seven years, a hundred thousand people a year for five or six years, and Democrats were absolutely silent about it. No one said a word. Every time I’d write about it, no one wanted to comment. So again, you see these massive irrational inequalities, and yet, the only thing that elites right now are worried about, seem to be, is one man’s ability to take a deduction for his sex life, so, revealing.

    Taya Graham:

    It is revealing. It says to me that elites care about elite problems.

    Stephen Janis:

    Yeah, of course.

    Taya Graham:

    Apparently.

    Stephen Janis:

    I guess that’s the way it works, right?

    Taya Graham:

    And not the rest of us, right?

    Stephen Janis:

    Yeah.

    Taya Graham:

    Now, to expand this discussion, we are going to turn to our colleagues and guests to get their individual takes on the verdict and its implications. I’m going to ask everyone to weigh in first on their general thoughts about the verdict’s implications and how they think it will impact the coming election and the politics of criminal justice. So first, let me turn to our esteemed editor, Max Alvarez. Max, let me know some of your thoughts.

    Max Alvarez:

    Stephen, Taya, thank you so much for having me on. As always, it’s an honor to go into battle with y’all and we know our audience have a lot of questions, and I am just truly honored to be on this incredible panel with everybody to do our best to answer them. So one thing I just wanted to add onto to the great intro that you guys gave, since another one of our colleagues, the great Mansa Musa, who hosts the show Rattling the Bars here at the Real News Network, Mansa himself was incarcerated for 48 years of his life and now hosts the show that Marshall Eddie Conway founded that focuses on the violence and victims of the prison industrial complex. So a year ago, Mansa did a great interview with Dyjuan Tatro when this trial began, and Dyjuan had a great quote that I just wanted to read because I think, again, we can learn a lot from your guys’ reporting, Mansa’s reporting, Mark’s reporting, that can inform the discussion today.

    And Dyjuan said, quote, “There’s this idea that we have a fair justice system in this country, and anyone who pays attention to what happens in our courtrooms, who police arrest and don’t arrest, knows that we do not. Some people find it helpful to say that we have two systems of justice in America. I don’t take that view. We have one system of justice, the primary function of which is to incarcerate and oppress primarily Black and brown people to the benefit of wealthy elites, and so we have one system that’s doing exactly what it is meant to be doing. The same system that will coddle Donald Trump after he sought to overturn a legal and fair election on January 6th also put Crystal Mason in prison for five years for mistakenly casting a provisional ballot as someone who had a felony conviction.”

    So again, just to really underscore the point that y’all were making about what this trial, before we even got a verdict, already said about our criminal justice system. The fact that Trump could have all of these charges against him, all of these crimes for which he has not been charged, while people who have never been convicted of anything are literally rotting and dying in Rikers Island right now.

    So to sum up my preliminary thoughts on this conviction, I’m going to actually steal from the great writer and political analyst, Ed Burmila, whom we’ve interviewed at the Real News before. So Ed perfectly characterize, I think, the absurdity of the Trump era years ago during Trump’s first term by referring to what he calls the Air Bud syndrome. Air Bud, of course, is the classic 1997 Disney sports comedy in which a young boy befriends a golden retriever with the uncanny ability to ball out on the basketball court.

    “Things will get worse,” Ed wrote in 2019, referring to the Trump era, because the then Democratic controlled House, as Ed wrote, quote, “Intends to hold endless hearings and point desperately to the Mueller report, like the losing coaches point to the rulebook in Air Bud, gesticulating wildly as the dog dunks on them over and over. And the crowd loves the dog with all its heart and looks at the losing team with the contempt reserved for such demonstrations of learned helplessness, while the very voters to whom Democrats most desperately want to appeal don’t know or care about rules, but sure do notice that one team managed to lose a basketball game to a fucking dog.” End quote.

    So let us not forget that this was in essence what politics was during Trump’s first term, a feckless Democratic Party establishment, a ratings obsessed and out of touch corporate media apparatus, all perpetually caught in their own Air Bud rerun cycle of decrying the rule breaking and norm violating of the Trump administration, while Trump just kept dunking on them. Slashing taxes for corporations and the rich, stalking the Supreme Court and the judiciary writ large, issuing executive orders left and right, taking a battering ram to the Department of Education, the National Labor Relations Board, the post office, et cetera, et cetera. Let us not forget that the Democrats, outside of the Bernie Sanders led progressive wing, had no real answer to this. Trump was debilitatingly popular and leading Biden in the 2020 race just over four years ago, and it really took a deus ex machina pandemic and the Trump administration totally blowing the response to COVID-19, and for historic numbers of voters coming out to vote for Biden to actually overtake him and win the presidency in 2020.

    But Biden did win. The January 6th insurrection at the Capitol did fail to overturn the election results. Trump got kicked off of Twitter, he temporarily fell out of the headlines, and so many people in this country breathed a sigh of relief and told themselves that the nightmare was over. But it wasn’t, and here we are again, and I just want to lay that out at the top because it really does feel like so much of the mainstream discourse around this trial and this election is unfolding as if we didn’t all live through the first Trump presidency. It feels like our media and political elites, and the people who still buy their narratives, learned nothing from that period. But there is no way that you can listen to our colleague, Marc Steiner’s vital long-standing reporting on Trump, his supporters, the rise of the right in the US and around the world, and not get the anxious sense that the verdict news is just the beginning of something, not the end.

    There is no way that you can watch our long-standing coverage on America’s criminal justice system and the prison industrial complex through your guys’ great reporting, Mansa’s great reporting, and naively believe that Trump has any intentions of going quietly or that this system will treat him the same way it treats people like us. He doesn’t, and it won’t. As Trump immediately messaged to his supporters after the verdict, just like he did after the 2020 election results, he will deny, attack, and encourage others to deny and attack the legitimacy of any Democratic process or institution, including those designed to uphold the law and order that Trump claims to love so much that get in his way. We know this about Trump. We cannot pretend to and we cannot afford to pretend to not know this about Trump. So the real question is what is our plan?

    And I’ll close by saying this. I don’t know what this means for all of us going forward. I can’t know that, none of us really can. But what I do know, as someone who is not only living through the Trump era of American decline like the rest of us but I’m trying to learn from it so that we don’t keep falling into the same stupid society-destroying traps, that the worst thing that we can do right now is just hold our breath and anxiously, passively watch to see if the system holds up. I think the most essential thing that any of us can do right now, and this cuts to the entire mission of everything we do at The Real News, is to understand ourselves and to help others understand that the answer to that if question, whether or not what remains of our democracy will hold, that ultimately depends on us, how prepared we are for whatever storm may be coming and how willing we are as people, as working people, as citizens, how willing we are to fight for our rights, our families, and our future.

    Stephen Janis:

    Well, thank you, Max Davis. That was great.

    Taya Graham:

    Powerfully said. And you know what? I know you have a question for Mark, but I just want to throw up just a couple of comments here. We have SarahLagger22 who says, “The Trump saga is stage drama, like the House of Cards from Netflix. It’s all a soap opera.” And NoNo38 said, “It’s all a script. Behind the scenes, the left and the right high-five each other and mock the peasants.” I have to concur that there’s a great deal…

    PART 1 OF 4 ENDS [00:24:04]

    Taya Graham:

    I have to concur that there’s a great deal of political theater here involved, and I think all of us know when we’re being given a show-

    Stephen Janis:

    Yeah, I wish I was-

    Taya Graham:

    So thank you so much for those comments.

    Stephen Janis:

    Yeah, I wish I’m the one who wrote that script. That’s a good script. And so, Mark, let me move on to you. Mark, Mr. Rise of the Right, I’m sure you have a lot of thoughts on this, so if you don’t mind sharing your initial impressions of the verdict or what you thought in the context of your reporting, that would be great.

    Mark:

    I wasn’t surprised about the verdict. For all we blast certain parts of our establishment, certain parts of our court system do the job they’re supposed to do, and the jurors did the job they were supposed to do, and I think that’s something that has to be taken into account.

    I think what we’re facing here though is, let’s look at America’s history. Now, I’m a student of the period between 1861 and 1890 and what happened during Reconstruction. After the Civil War was fought and Black folks were freed from enslavement and democracy tried to flourish through the South, the forces of the right and racists came barreling back, pushed everybody out of the way, had control. And because the North didn’t want to defend it, came barreling back and took control and created a system of segregation, where for 100 years, Black folks lived under absolute oppression in the South and segregation across the country.

    So, it can happen again. We see that in the course of this 20th Century, that you’ve got everything from the battles of the unions and the left and others who put FDR into power, that whole legacy going up through the ’70s and the pushback from the right that took place. Now it’s all being eaten away. Some people may look at Trump as a buffoon, but he’s not a dumb buffoon, and he knew how to fill a political vacuum, and he stepped into it because he knows media and knows how to push himself and knows how to sell things. And that’s exactly what he did.

    So he’s become the embodiment of everything that certain groups in America despise. And so we are now faced with the real chance is the Democrats cannot seem to get their act together, at least at this point. The race is neck-and-neck, and if the right wing wins, and if they control one or both houses, then all bets are off.

    Stephen Janis:

    Yeah.

    Mark:

    And what people have forgotten, I think, to do and how to do, that we don’t do enough, is A, how to organize, to build something that can fight back and build something to protect the future. Among all the many things I did in my life, I spent some years in advertising, when I was broke and needed to figure out something else to do. So I did that for a while, but I learned a lot in those years when I worked in advertising, and I’m always shocked how people cannot figure out how to make a message to the American people about what the future might hold and what has to be done now.

    Stephen Janis:

    Thank you, Mark. That is an excellent point. So Terry, you want to…

    Taya Graham:

    Well, I’d like to turn to Laura to get her thoughts. I’d love to know how you think this verdict impacts the moment we’re in and if you think there’s going to be fallout for the election or even for our criminal justice system.

    Laura:

    Well, thanks for that. And this has been an interesting conversation so far. I want to pick up on something that Mark said about those jurors. We love to talk about the man, not the movement. And likewise, we love to talk about, in this case, Donald Trump, and the prosecutor to some extent, Alvin Bragg. But let’s talk about those jurors, those 12 everyday folks, as DA Bragg called them, who sorted through those two months of testimony and documentation and a fairly complicated case and came up with a unanimous verdict. And I think that they did some complex thinking there, which is what we need to be doing in this moment. So inspired a little bit more by them than I am by the punditry.

    I want to just lift up a couple of things. I’ve seen in the days since the verdict, a kind of declaration coming from people on the democratic progressive side, “Well, this shows how the system works.” It doesn’t. I doesn’t work for most people who would’ve been prosecuted, as you’ve said, on lesser charges years ago, and it hasn’t worked yet for Trump. Let’s not forget that he is trailing a trail of crimes for which he has not been brought to justice. Everything from rape and sexual abuse to meddling in election, insurrection, document abuse, document stealing, and well, the Georgia case has now been delayed, but conspiracy. So this language of, “Oh, the system works,” you’ve been saying, “Very well.” We know it doesn’t, not for most people and not yet for him.

    The other thing I’ve heard that concerns me, if you want to talk about affecting our politics in this moment, is a lot of people on the democratic side, hanging their hopes on a prosecution, a criminal incarceration, an incarceration on these charges of Donald Trump. And I want us to just step back for a moment and say, we have just come off, especially since the murder of George Floyd, but not exclusively then, a movement calling for alternative approaches to justice in this country. Decarceration, abolition, not reaching for incarceration as our first solution to every problem. And I think the reality is that Donald Trump’s first time offense on a nonviolent crime will not be sent off to prison in handcuffs.

    So New Yorker Magazine cover aside, this is a distraction. And if it becomes the question, does our system live or die by whether Donald Trump gets frog marched off to jail? I think that we will have spent a lot of time and a lot of hot air on a really useless conversation. Where I think we need to be focusing next in our thinking in a complicated way, is about this system of ours. Because fun as it is to point out the hypocrisy of the get tough on crime right wing, now saying, “Wait a minute. Wait a minute, we didn’t mean it.” We too, as critics of the criminal justice system, have to also consider our approach. So we are looking at decades of vilification of our systems of government, our institutions of government. And you’re right, they come from a place of white male privilege and power. They have been institutions to maintain that power and privilege and a white supremacist male patriarchy capitalist system.

    But there are forces calling for chaos in this moment, chaos of the sort that I’m sure Mark has been reporting on, we’ve been reporting on in our reporting on the attacks on the energy system in North Carolina, the attacks on the capital. We can be complex, I think, and as subtle and nuanced as those jurors in realizing that while we criticize the system, that’s not to say we don’t believe there should be a system and that we are in very dangerous territory if we simply allow this election to accelerate the Accelerationist movement, actually, the movement that would like to see our country thrown into such chaos of violence that only people with the most violence win.

    We don’t tend to be the winners in those equations. And I think that’s where my mind is going at this moment, is how can we think in as complicated a way as we must about the problems with our system, the need to create some new systems but not embrace the nihilistic, what the heck, pick up a gun solution, which is for the most part, what’s on offer right now.

    Stephen Janis:

    Well, Laura, I want to congratulate you. You answered all of our questions that we had planned for this. So in a single answer-

    Laura:

    Oh, good. I’ll go home.

    Stephen Janis:

    So, congratulations. We’ve got to take a break here to come up with some new questions.

    Taya Graham:

    Seriously.

    Stephen Janis:

    But moving on to Rick. Rick, no one knows this subject better than you and how the right responds to things. And was there anything that surprised you in the response to Trump’s verdict or was it kind of what you thought? And you also mentioned in your article about the cruelty that accompanied this response. Was there anything that really said, “Oh, I didn’t expect this to happen?”

    Rick:

    Well, it is truly, truly, truly an extraordinary hinge point in America’s history and the world’s history. There really, really are no simple answers. I think Max might’ve said, no one has any good solutions to this, except for maybe the Bernie wing of the Democratic party and they’re being ignored. Well, I live in Chicago and we elected a mayor from the Bernie wing of the Democratic Party, and they all fucked it up too. There’s no easy solutions to this. All of us who are trying to figure out what is going on, everyone kind of jumps onto what’s familiar to them. They try and ride the bicycle. No one forgets how to ride a bicycle. But this time, the gears have slipped off the chain and we’re peddling and peddling and peddling and not getting anywhere. It’s crazy. It’s a crazy, crazy time.

    And I’m hearing, “Oh, the elites think they’re accomplishing something by convicting Donald Trump.” Who’s the elite? Who are the workers in this situation? I think all the categories are very scrambled. We have an outright fascist base for Donald Trump. A lot of them are blue collar folks, victimized by democratic policies, victimized by republican policies. And what I’ve been following, I went on a far right message board than I’ve been following for decades and decades. And yeah, basically, yeah, nothing surprising, particularly from them. I’ll just quote some of the things they’re saying. “Never forget May 30th, 2024, the date the leftist devils chose civil war for this nation. Trump will be my president by God.” Another guy is saying, “Elections will be conducted using 5.56 millimeter voting machines.” That refers to the 5.56 millimeter NATO round that’s used in an AR-15.

    Now when the first guy says leftist devils chose civil war. Yeah, they mean Biden. They mean the intermention on the jury who are New Yorkers and probably are all communists anyway, but they also mean you and me. And the problem about unsurprising rhetoric like that, is how it was joined by relatively surprising rhetoric from the billionaire class that they don’t care about the rule of law. And anyone who knows how capitalism works, knows it’s important for people to have predictable contracts, predictable courts, right? One of the things I said in one of my articles is, trials themselves are on trial in Judge Merchant’s courtroom. That was vindicated because all of a sudden, all these people are saying, “We don’t care about the criminal justice system,” was not just people from Freerepublic.com, it was people like Marco Rubio.

    I mean, they’re ready for war, right? They’re all ready for war. And unfortunately, I think the one answer we have to reach for, as tragic as it is, under Donald Trump as president, and this is something I’ve been studying very closely, studying the 2025 project. There’s all kinds of needles hidden in that haystack. One of the things they want to do is, make every school that takes federal funds, which means every school, every student, take the military entrance exam. That’s not even been reported. That’s 1000 pages, there’s a lot of crazy stuff in there.

    Under Donald Trump, we are literally going to be in the sites of people from Free Republic and the officers of the state. I mean, under a democratic president, at least we’ll have a little bit of space to breathe, and as tragic as it is, but I’d rather be governed by a guy whose son gets convicted and says, “Okay, he’ll take his licks.” Don’t forget there’s another, when we talk about the elite putting people in jail, Democrats should not, Laura is absolutely correct, have this fantasy that the grownups will save us. The criminal justice system will save us, the institutions will save us. The institutionalism was what, I think, people were mocking in that ridiculous… That Bermila was mocking, the ridiculous, like the first impeachment. They kept on saying, “Oh, Donald Trump ignored the interagency. He didn’t follow the…” It was kind of like the bureaucratic version of, “He didn’t use the right salad fork.”

    That’s not going to save us. That is not going to save us. A Democratic party, yes, that realigns itself along New deal style, populist terms, and Biden has taken the first steps. He’s also getting on the bicycle and doing all the familiar stuff. When Israel starts a war, you support them. That’s the familiar thing. But he’s finding that doesn’t work anymore. There might be political consequences to this.

    So our first job really, really, really is to keep the fascists as far from the legitimate control of state violence as we possibly can. And I’m sorry, I’ll just go to my grave saying that. And then on January 20th, when the old man, if he makes it that long, is inaugurated for a second term, yeah, hit the bricks. Hit the bricks, maybe he’ll join us. He’s walking the picket line, supposedly. But it’s not just the elites against the masses, that’s our old way of thinking. We don’t know how to think right now. We’re on that bicycle too, and we just can’t keep pedaling and the chain is not meshing with the gears. And this is a very uncomfortable reality. It’s a very uncomfortable world to live in. My Man, Max once asked me, what’s my one word explanation about what we need to do in one sentence, we must love each other or die. Solidarity, respect. I didn’t come up with it, it’s W.H. Auden, so. Yeah, I wish I could claim the credit. It’s really easy.

    Laura:

    I came up and I had a good two-word answer the other day to that question. I was speaking to Maurice Mitchell from the Working Families Party, and he says their go-to approach is block and build. We have to block fascism, but blocking isn’t enough, we have to build the alternative. And I think that’s where we are. We’re just in pretty sad shape, I’d say, at this moment. There’s some interesting stuff on the horizon, I will say.

    Stephen Janis:

    It’s an excellent point because Clinton, in 2006, he relied upon the idea that Trump was just going to be unpalatable without thinking about policies that affected the working class. So I’m going to turn to Max and his great podcast, Working People. I mean, can we look at this through the… I mean, I think Rick raises some great points, that the working class has been victimized by Democrats just as much as Republicans. So can we look at this through the class prism in terms of analyzing this verdict and just analyzing the phenomena of Trump? Or do we fall into that same idea where somehow the Democrats are different, but they’re not really, in the neoliberal policy world that we live in right now? I mean, is that a good way or bad way of looking at it? Or is there a different way that Rick suggested?

    Max Alvarez:

    Well, I mean, class is everywhere, right? The specter of Marx haunts everything. And so my blunt answer is that, yes, class analysis and the sort of dynamics of capitalism that shape who we are, how we live, how we work through those kind of essential class dynamics does factor into everything that we’re talking about. But it is not prescriptive, right? I mean, because I think one of the taglines for what we do with The Real News, which is so basic, but it’s such a hard point for people to accept, is that it’s a big fucking country and there are a lot of people in it, and people are very complex. And as we ourselves have shown through the work that we do, even long before I ever got here at The Real News, but also, ever since. People are complex and people have many different reasons for voting the way they do, not voting, so on and so forth.

    My show, the show that you mentioned, Working People, which I started years before I ever got to The Real News, the very first interview I ever did, as you guys know, was with my dad, Jesus Alvarez, a Mexican immigrant who grew up dirt poor in Tijuana, came over to this country, separated from his siblings, became a citizen, met my mom, built a family, bought a house, lost everything in the Great Recession, including the house I was raised in, felt under the Obama administration that our family, so many millions of others were totally left to flounder while the big banks and corporations got bailed out like that. But he had nowhere else to turn in 2016. And so he described voting for Trump to me, as voting for the devil. “I had a choice between the devil I knew and the devil I didn’t.”

    And that is, I think, something that I’ve heard from a lot of different working people from around the country, who voted for Trump the first time, maybe voted for him even the second time, and are even still considering voting for him now. So we know that Trump voters can take many different forms. My own father is one of them. And that is why we’re so adamant about getting people to actually listen to their fellow workers, listen to their neighbors, go out beyond your own algorithmically sorted echo chamber, get off the old, the single circuit between you and the mainstream channels that you visit every single day. And because the farther away we are from actually knowing and seeing each other, the easier we are to exploit, to divide, and to convince that we are each other’s enemies.

    Because that is also a factor too. We’ve mentioned the media, we’ve mentioned the media scape in the ways that corporate media responded to Trump. But while all of this is happening, while we are careening down the gullet of a 21st century in which big tech has achieved its signature goal of disrupting the world that we live in without any thought to the consequences, so many of us are not even operating on a shared basis of shared reality.

    I mean, when I talk to some Trump voters, it’s like I say, “What’s important to you?” And their list of priorities is vastly different from what I’m hearing from other people. Because again, that’s not all a class determination. A lot of that is the media that they watch, a lot of it is the people that they talk to, the people they don’t talk to, in the ways that, again, those sorts of basic connections between working people and our basic understanding of what our fellow workers are going through is ripped apart and everything is mediated back to us through the internet and through mainstream media or through even, independent media.

    But the point I’m making is that so many of us are seeing a different version of reality right now, and that is playing into the ways that people’s brains are poisoned in the ways that they think. But I’ll say this and I’ll shut up, is yes, there are tons of economic reasons for why people are feeling as despondent as they are, feeling as hopeless about the political establishment as they have been. Rick has covered this plenty, Laura’s covered this plenty, I mean, Thomas Frank has talked about this. I mean, a lot of it is not even hidden anymore, but we’re not doing fucking anything about it. We just keep telling our fellow workers that they’re idiots wanting to vote for this guy instead of doing anything to help them.

    Like the Republican voters in East Palestine, who I know many of, we’ve reported on their struggle there, but Trump was the first one out there after the train derailed, Biden took a year to get there. That’s basically, that’s made the determination for a lot of people because they’re screwed either way. So which president actually got out there first to show that he cared? Sorry.

    Taya Graham:

    Wow. Max, that was really powerful. And I want to draw a little bit from what you just said and give that to Mark in this question I have for him, because I hope people have taken the opportunity to listen to your series on The Rise of the Right, where you explore and contextualize the MAGA movement. But Max brought up something interesting. How can working people overcome the movements that we’ve become a part of, whether it’s a left movement or a MAGA movement, and reach out to each other and realize, we have a lot more in common than we have different. I mean, I was just wondering, you’ve been part of a lot of movements to build solidarity. Maybe you could let us know if there’s any hope?

    Mark:

    Well, let me start this way. Hearing what everybody has just said, that people move politically for two very emotional reasons, fear and hope. And when people were in the civil rights movement, when we had our freedom rise, we were getting beaten and tortured and thrown into jail and people died, 36 people in Mississippi died in one summer fighting in the civil rights movement. But what drove them was hope. What drove them was hope that we could change something, that we could build a better America, that we could free people in this country.

    And the other thing is fear. People now, especially voting for Trump, being pushed to the right, are moved out of fear. Their lives are unstable. They don’t know what’s coming next. And so neo-fascist and fascist demagogues always have, know that. Hitler Mussolini knew that. Bolsonaro knows that and knows how to play into it. So to get to the heart of what you just asked, given that, in terms of my analysis is a reality of what we face, nothing just happens. For things to change, people have to organize and be organized.

    Let me give you an example. When I was an organizer in South Baltimore back in the early seventies, we organized an attendance union movement. Charles Street in South Baltimore was a dividing line between the black world in Sharp Leadenhall and the white world in South Baltimore, both working class communities. Many people working on the docks and they are always at each other’s throats. But there was one common enemy that we found, and the common enemy was the slumlords who affected both their lives. So we organized an interracial tenants movement that changed the laws in Baltimore and pushed and actually brought people together who-

    PART 2 OF 4 ENDS [00:48:04]

    Mark:

    Changed the laws in Baltimore and pushed, and actually brought people together who’d never come together before. It’s not just going to happen with people coming together. People have to work at bringing people together. You have to organize and build a movement that makes that change. That’s the only way it ever has happened. Only way it will happen. And I think that we have to remember our past. We have to remember what people did in the 30s and the 60s, what people did before that when they came together to fight for equal rights, to fight for their union movements, to fight for real wages.

    It was people coming together because they had a common fight together and they also had people organizing that movement. Many of them came from those ranks. They weren’t outsiders, but people had to be organized. It’s the only way it happens. And I think that you see some of it, you see some of it in some of the reporting Max is doing, let’s say with workers around the country, unions that are coming up, and it is happening, but A, it’s invisible to most media, which doesn’t help. And B, it’s just beginning and the other side is fueled with billionaire money.

    Stephen Janis:

    It’s true.

    Mark:

    And they are highly organized.

    Stephen Janis:

    Yeah. Well, thank you Mark. So let me move to Rick. Rick, I want to ask you a question that just came to me when I was listening to what you were saying. So let’s say the Democrats decide to just run some ad, a big ad campaign saying Trump convicted felon and focus on his criminality as a way to move voters. Do you think that’s a good strategy? Given what you were talking about, how chaotic things are now, kind of like that throwback to 2016. How could you vote for Trump? Is that actually a bad strategy?

    Rick:

    It’s so interesting. I’ve been working on this piece for weeks and weeks and I am trying to get it together because the conclusion of the piece is we don’t know what’s a good strategy, which is really tough. Really, really, really tough. I was listening to a certain mainstream media outlet that appears on the radio and they were interviewing young voters in Michigan. “Oh, are you going to support Trump? Are you going to support?” It was young African-American voters, “Are you going to support the Republicans? Are you going to support the Democrats?” And one of the young women said, “Well, I can’t support President Biden because I have all these student loans and he did nothing about it.” And those of you who have been following this issue know that actually he can’t do anything about it legislatively, for obvious reasons, the Republicans control the house and they don’t care anything about students anyway. So he did what he could. He thought he could legally using executive action and that was struck down by the Supreme Court.

    So clearly just running on his accomplishments isn’t really working. It’s not even working with us. I mean, it’s like there was an article in the Washington Post yesterday, “The Biden Administration Tuesday will announce rules to block medical debt from being used to evaluate borrowers’ fitness for a mortgage and other types of loans.” If you don’t think that’s a big deal and you’re on the left, get the hell out of the library.

    Stephen Janis:

    Agreed.

    Rick:

    So what we have here is a left that wants to say they’re two wings of the same party. They’re both neoliberal. The problem with that is we all know that the Democrats haven’t done enough to basically make a moral repair for what they did in the 90s through things like NAFTA, what they did in the 2010s through not making people who had their homes stolen from them whole.

    So here’s this guy Biden with all his flaws. He says, “I’m going to do this, this, and this. I’m going to nominate a national labor relations board members that are going to let people organize instead of letting companies break the rules. I’m going to appoint ahead to the Federal Trade Commission that’s going to break up monopolies.” And if they just hear the left say, “Well, these guys are both neoliberals.” Why should they even try?

    Stephen Janis:

    Can I just ask you a really quick question though? And you bring this up and it’s so important. Why don’t those policy, let’s say wins, ever permeate the consciousness of-

    Rick:

    That’s what I’ve been agonizing over the last few weeks. I think a lot of it is the 50-year history almost coming on 50 years of Ronald Reagan, the best rhetorician and best con man that we’ve ever had in the Oval Office, persuading people that I’m from the government and I’m here to help are the most dangerous words in the language. I think a lot of it is serial betrayals by the Democratic Party. You say you’re for us, but you’re not for us. A lot of it is the media where a young woman can be interviewed and say something that’s an outright falsehood and it’ll just be taken as a horse phrase comment about whether young people are for the Democrats or the Republicans.

    It’s all these things put together and the project of making… And people don’t even really conceptualize that when they vote, they’re hiring someone who’s an administrator who has to be able to administrate. Donald Trump, there’s a study that said basically if America had had the same, and they had a conservative government too in Australia, if we had the same Covid policies that Australia had, we would’ve had 900,000 people alive today. That’s like genocide levels of death caused by Donald Trump’s incompetence. Well, it’s one of these bicycle chain things. It’s like none of the old stories signify anymore. We are in a moment of true, true centuries… Once every several centuries, historical chaos, confusion, system collapse.

    So there’s no like, “Oh, I see… Joe Biden needs to say this. They need to run this commercial, they need to do this policy. They need to say this about the Republicans.” No, no, no. There’s no easy answers like this guys.

    Stephen Janis:

    I mean, to your point, a lot of legal experts said that Trump had a way to win that trial in the sense that there’s a serious level of incompetency there and they didn’t win it because they didn’t take a really good-

    Rick:

    And they’re bringing in the competent guys for the second term.

    Stephen Janis:

    Go ahead, Taya, sorry. Sorry, sorry. But thank you Rick. Thank you Rick, thank you. That was really…

    Taya Graham:

    No, that was terrific. I just wanted to give Laura a chance to jump in. I’ve been wondering, especially when Stephen was talking about that sort of tough on crime rhetoric that the Republican Party was known for. Just from your reporting, how do you think conservative folks are going to reconcile the sort of Back The Blue rhetoric now that some of the attacks coming from the Trump side are headed towards law enforcement? How do you think they’re going to handle that?

    Laura:

    Well, they haven’t been forced to address any of their hypocrisy.

    Rick:

    They’re fascists.

    Laura:

    They for the last many decades of running-

    Rick:

    Just doesn’t matter.

    Laura:

    Again, we’re kind of dreaming if we think that they’re going to be caught in a hypocrisy, they’re not. They’re just going to say both sides of their mouths work, right? And they speak out of both of them. And let’s not forget that Donald Trump called for the killing, the execution of the exonerated five Central Park jogger case.

    Stephen Janis:

    Very good point.

    Laura:

    He would be the first to be strung up, it seems to me if one, were actually to hang people for hypocrisy, but we don’t believe in that and we’re not going to do that.

    We have two different scenarios going on, and I’m just going to say you were right Max, you mentioned at the very beginning that there was a danger that the Democrats, people called out the danger that the Democrats might spend their first term, Biden’s first term, simply focusing on Russian bots and the Russian threat and conspiracy and this and that and trials and hearings and all the rest of it. We’re still doing it. We’re still focusing on the legal proceedings against Donald Trump when what we need to be doing is expanding our lens. And as Rick just pointed out, looking at the historic moment that we are in, we are not an isolated country.

    You just saw the European elections where the right made thumping gains. That right in Europe is working closely with the right in this country. We may talk internationalism, but the right practices it, I think a whole lot better than we do, in the same way we may talk intersectionalism, but that project 2025 project that Rick talked about, the plan of action from the Heritage Foundation, that will assure that whoever comes into office next on the right will have a plan of action for every department and some people ready to be employed to implement it on day one. We may talk intersectional, they practice life, they do intersectional politics, they plan, they think systemically.

    What we need to do I think is step back and say, look, it may pain us, it pains us, probably to credit Joe Biden with anything vaguely progressive. We don’t have to, the gains that have been made in this country, the progressive initiatives that we have seen happen under a Biden administration, such as the one that Rick just mentioned about Medicare debt. But you can look at some of the others in the Inflation Reduction Act or the American Rescue and Recovery or Recovery and Reinvestment Act, that walking on the picket line with the autoworkers, what we’ve seen in the way of student debt relief, that didn’t come from no place, that came from that Bernie wing of the Democratic Party and the movement mobilized in that election.

    Biden’s a politician, he read the writing on the wall and he ran on a platform that he thought he could get away with and then implemented a whole lot of policies that I think we have to give him some credit. But we can claim also for our movements as having pushed that to the front and to the fore. And we need to look at the way that we think about politics as again, not about the people, but about the movements, not about the individual man, but about the movements and the moment that we’re in and the scope of history. The changes we’re seeking don’t happen overnight with one administration or another.

    So I don’t know, I spoke to Angela Davis about this election and she said, “Voting isn’t a valentine. It is an act on behalf of a class interest and an interest to be able to organize.”

    And I think that where we are right now is a time when we have to really focus at what is at stake and be very, very clear. On the one hand is an anti-democratic rising on the right that is international, globally organized, strategic, ideologically driven and has a plan. And on the other hand, there’s us and there are some aspects of our movements that I think we are seeing in this moment have a real impact. And some of that is the class-based economy-based movements. Another part is the gender-based movements. And a third part, let’s just talk about, is the anti-colonial movements that we’ve seen mobilizing on campuses against US unconditional support of Israel. That movement, which we’ve seen as simply targeting Netanyahu and Biden’s support for Netanyahu, could be seen as an anti-authoritarian force as well, in the sense that apartheid in Israel is a ipso facto authoritarian thing.

    The problem is we don’t have a media that covers politics this way. We have a media that looks at the top of the ticket, the individuals running and fails to communicate to most of us the importance of the power that we have and the many, many elections that are happening around the country that we can have way more impact on than that presidential one. I did a test the other day of asking Google how many people are running for office in this country right now? And the answer came back clearly two, not right.

    Stephen Janis:

    I really feel-

    Laura:

    435 seats of Congress, more than half of the Senate, 13 gubernatorial positions, get real folks. Whose interest is it for you to only be looking at those two top of the ticket races.

    Taya Graham:

    That is such an excellent point.

    Stephen Janis:

    I really feel like our guests, they’re talking about the irrational relationship between policy and actual voters perceptions is actually why Trump is so strong. Because the entirety of the premise of Trump is irrational in that sense. And he kind of feeds, as Rick and Laura both mentioned, feeds on and Mark too on the irrational injustices that have accumulated over time in this country that are completely at odds with sort of the underlying idea of this country. And so I think, listening to our guests, it’s really Trump’s verdict is part of that process of creating an irrational sense of what’s actually happening. And that disconnect between the voters and policy is probably one of the biggest problems, even though it’s not really sexy in the sense that you’re going to… Go ahead.

    Rick:

    I think… The social media piece is fascinating because it’s become such an accelerant for the forces of division, atomization. The kind of stuff people in mid-century America wrote books about, people feeling alone and alienated and the right knows that if they move people down Maslow’s hierarchy of Needs and turns them into creatures seeking survival in fight-or-flight mode, they do better. They’re the gun people. They’re the, “We’re our tribe. We’re going to protect ourselves.”

    And one of the things that I’ve been saying in my columns, I think I mentioned in my last one, is some of this stuff, they’re only good words for it in the German language because they have the experience with this. When I say trials themselves are on trial, and if Trump wins, it’s a good trial and if Trump loses, it’s a bad trial. There’s a word for that, it’s Fuhrerprinzip. It’s the leadership principle and it’s very simple. Trump’s our guy, he’s good. Everyone else is not our guy, they’re bad. And unfortunately, because we are a movement that moves people up the hierarchy to self-actualization, to self-realization, to reason, to solidarity, to sacrifice on behalf of the common good, we have a harder road to hoe.

    But I mean, the word I’m looking for is fascist, here. We are fighting fascists and this kind of derangement information, flood the zone with shit, this kind of thing where every institution that’s independent of the Fuhrer has to be degraded, whether it’s universities.

    One of the things I’ve been pointing out, I did a column on the campus protests and I said, one of the things that’s really scary about the response to the protests is that it has joined all sorts of… This is one thing where all sorts of elites have joined together, whether it’s the White House talking about the danger that Jewish students feel, as if Palestinians didn’t feel danger. I interviewed a Palestinian student who had a childhood of basically having, she’d give a speech during high school Islam 101, a small town in Missouri, and people would show up with guns and point their guns at her. Safety, but the response to the protests that joined together, the White House, University presidents, fascist mobs, right? And people in the Senate like Stefanik who are continuing a project that was begun by William F. Buckley in 1950, in his book God and Man and Yale. And when she said, we need to turn universities over to the people who own them, the boards of trustees, and they should decide what gets taught there. This is the opera, is the operant result… They’re making that happen.

    University of Indiana, before the protests, the faculty voted a vote of no confidence against the right-wing neoliberal anti-protest, president of that university, 92%. No, they’re saying “The university doesn’t belong to you, teachers.” Doesn’t belong to you people who are trying to raise the levels of humanity, it belongs to the owners. So this is fascism I’m talking about, and the people running the Democratic Party are probably not my favorite people to go in a foxhole with to fight fascism. But I’ve been quoting Frederick Douglas who told black brothers and sisters, it was actually all black brothers then who could vote in the 1880s, the Republican Party probably will sell us out in an instant, but they’re the boat and everything else is the sea.

    Mark:

    Right? That’s an important quote. It really is an important quote.

    Rick:

    Everything else is the sea. And let’s talk, like I say on January 20th, they’re hitting the bricks. But we really, really, really have to defeat these guys who talk all the time about physically eliminating us with their guns, which are, they say they have to fight tyranny, and we are the tyrants. They don’t say Biden is the tyrant, but Max Alvarez is okay, he’s a working-class guy. It’s all of us.

    Laura:

    And democracy itself.

    Rick:

    And democracy itself. They’re very explicit about that. Reagan was not explicit about that. He would talk in the American Argo, he would talk about how much he loved immigrants. He would talk about how much he loved democracy. He often acted anti-democratically. He acted terribly against all sorts of migrants and refugees. But he talked the talk, at least. These people are doing it with the bark off.

    Taya Graham:

    Wow. Rick, I actually wanted to hit you with another question. I wanted to make sure OG Skywatch came up here, but I’ll make sure to put their comment on the screen. They reminded me of the article you had done in the American Prospect where you really dug into a topic we wanted to explore, which was the rallying of the elites, in particular, some of the wealthiest elites around the cause of invalidating the jury’s verdict. I mean, you mentioned PayPal founder, David Sachs, Elon Musk, Sean McGuire, and that’s just the short version of the people you reference. I’m just curious-

    Rick:

    Jamie Dimon is now kind of in the Trump camp.

    Stephen Janis:

    Wow, really?

    Rick:

    Yeah.

    Taya Graham:

    Why do you think some of the wealthiest folks in the country, some of the most powerful and wealthy elites in our country are running to back him? Is it because on some level they want to make sure the criminal justice system doesn’t ever come for them? I’m just curious, why do you think they’re doing that?

    Rick:

    I mean, unfortunately, I’m not very big on historical parallels. They often don’t work as well as people think they do. But this is one that’s very, very close to what happened in Germany in the 1930s. There was a guy named Fritz Von Papen. He was the Vice Chancellor of Germany when Hitler got to be the Chancellor basically in this minority election, and they had [inaudible 01:07:24] a plurality of the votes and cut a deal and they had guns in the streets. Fritz von Papen said, “We’re going to have Hitler so far on the corner. We’re going to make him squeak.” I call it Von Papenism. Our modern Von Papens are the guys like Jamie Dimon, the guys like Elon Musk who think that they can control this guy, “Oh, he’s not smart. We’re smart.” Money is, every dollar you have is a smart point. I have the most smart points. I’m the smartest guy. And we know that everyone gets into bed with this guy, wakes up with fleas. I mean, ask the former attorney general, the former attorney generals, Jeff Sessions and Bill Barr, who are now going to be lined up against the wall with me and Max and Biden.

    They think they’re smarter than they are. They’re idiots. You can’t have a functioning capitalist economy when you have one guy making all the decisions like a dictator. They’re wrong. They are wrong, but they also have a lot of money and they have a lot of power, and it’s a fucking tragedy.

    Taya Graham:

    You know what? You make such an excellent point. I love how you said, for every dollar they have, think they’re smarter than us. And you made an excellent point as well, that everyone who’s stepped up and thought, “I’m smarter than Trump, I’m going to control him,” has been-

    Stephen Janis:

    Has been burned.

    Taya Graham:

    Has been horribly burned. They have learned their lesson. So, let me… Oh, I’m sorry, go ahead.

    Rick:

    Some line up for another paddle on the ass. [inaudible 01:08:56] other.

    Taya Graham:

    Right? Mitt Romney. Ted Cruz.

    Stephen Janis:

    You can go on forever. No one ever comes out better.

    Taya Graham:

    Seriously, we could just list them forever.

    Stephen Janis:

    No one ever comes out better.

    Laura:

    Michael-

    Rick:

    [inaudible 01:09:07] Right? It’s kind of like, yeah, he’s a mafia Don, but I’m in the mafia with him. No, you’re not.

    Stephen Janis:

    For now.

    Taya Graham:

    Right?

    Rick:

    For now.

    Taya Graham:

    Until you’re taken out back.

    Stephen Janis:

    Right, exactly.

    Taya Graham:

    So I guess we should turn to Max. We were supposed to make sure to give Max another chance because I really wanted to know how he would react to this idea. There is this thesis from the Trump team that this conviction will actually help his election or even galvanize his supporters. I mean, for regular folks, for folks like us, if we get a felony charge, it affects our ability to get an apartment, to get a job. It hurts us to get a felony charge.

    Stephen Janis:

    Yeah, it’s a badge of honor, now.

    Taya Graham:

    But for former President Trump, this could actually be a plus. I mean, is that possible?

    Max Alvarez:

    Yeah, it’s possible. I mean, but only with, again, the sort of de-fanging of the institution itself. If Trump went through what we went through, we’d be having a much different conversation. But the conversation we’ve been having is that he hasn’t and he’s not going to. And so it means something different for him than it means for any of us. As the cases y’all highlighted at the beginning of this live stream really showed.

    I mean, every single one of us knows someone who’s been impacted by the criminal justice system, if we ourselves have not. We know how devastating this system can be and is on a daily basis for working people around the world, people who have their cars towed and are suddenly lose their livelihoods and live in a country that is so unkind and so brutal that so many of us are living so close to homelessness.

    Right now, the key issue driving boaters and according to all the polls, is not this trial, it’s the cost of living and the availability of housing. And in fact, what we’re seeing, again, at least from political polling, which everyone should take with a pinch of salt, and for all the reasons that we and Rick and Laura have talked about should not take is just the diet. This is what America thinks, right? I mean, but what we are seeing, at least in that polling is that this is not changing people’s opinions about how they’re going to vote. People who feel like both parties have screwed them over and offer nothing for them, still think that way. People who believe in Trump, were going to vote for him anyway, do think that this increases his capital and it make them more likely to vote for him, but they were going to vote for him anyway.

    I mean, that again speaks to the problem of, at the core of all this, which is we are not operating on a terrain of shared reality here. And that is why I think the references to Civil War are in fact quite-

    PART 3 OF 4 ENDS [01:12:04]

    Max Alvarez:

    References to Civil War are in fact quite apt, right? Because that is what happens when you have a people living within a geographic boundary who are not abiding by the same reality, and in fact, see the other’s reality as a threat to their own. You end up with conflict and violent conflict. That is the way that those things go.

    I wanted to just make that point because sadly, a lot of the folks that I have asked, folks that we’ve interviewed who I know are Republican, I’ve just said, “Hey, what are you and your family and your neighbors talking about right now?” This is purely anecdotal. I just say it to say, these are folks who know me, know us, know our work, and I know them and I know their story.

    They’re not changing. I mean, even if they know me, even if they know what we fight for, even if they agree with a lot of the economic and political arguments that we make, we have not fundamentally changed the economic and political reality that the rest of us are still living in.

    It’s still an idea, whereas the bill that you have to pay at the end of the month, the rent that you have to pay at the beginning of the month, the childcare payments that you have to make, that is not an idea. That is a hard reality that people deal with every single day.

    As we mentioned earlier, the more you keep people living close to the bone, close to poverty, close to homelessness in a country that criminalizes poverty, criminalizes homelessness, keeping people at that level is how you ensure that there will always be a right bed for fascistic thinking. It is the boss’s first tool to pitting workers against one another. That is still happening and it’s going to keep happening.

    I think that, like Mark said earlier, the way to address that, that we know works, that we’ve seen work is people build solidarity. They get out of these cages in their heads. They stop seeing their fellow workers as their enemy when they are forced to engage in common struggle together and build a solidarity out of that where we are fighting together for something, not just constantly talking about ideas, but actually fight for something and improve each other’s lives and communicate to each other that we care about each other as people.

    Because the flip side to what Rick said, about how the rich and powerful think that their dollars translate to smart points, which makes them smarter, is that working people feel the exact same way. Our lack of dollars, our lack of capital translates to a perennial sense that we are worthless, that people like Donald Trump are smarter than us and must know more than we do.

    Even though I know by talking and interviewing workers all the time, that so many of them are smarter than Donald Trump. But we live in such a horrible capitalist system that trains us to believe we are worth as little as we are paid, and we deserve the treatment that we get in this unfeeling country. That also contributes to the sense of people wanting to believe in Trump or anyone like that. We need to address that with more than just good ideas. We got to be there where people are, help them fight for better and show them that they deserve more than that and we’re going to be there fighting with them for it.

    Stephen Janis:

    Now David’s just informed us that we have less than 15 minutes left.

    Taya Graham:

    Right, right.

    Stephen Janis:

    Do we want to move to the speed round, and…

    Taya Graham:

    We may have to take it to a speed round, unfortunately.

    Stephen Janis:

    Yeah, and I think address this issue in terms of what would be the impact, or you go ahead and you do it, but let’s just make sure we get it in so we get everybody…

    Taya Graham:

    Well, here. Why don’t you start off for Laura?

    Stephen Janis:

    Well, for the speed, are we doing the speed round?

    Taya Graham:

    We’ve got to take it to the speed round because we were given our, from our delightful studio director, David Hebden, gave us the 15-minute warning.

    Stephen Janis:

    Well, so we can just ask, does anyone think that Donald Trump will serve a day in jail? If he does or if he doesn’t, we’ll start with Laura, does it matter and should he be sentenced to anything? Will it have any impact at all of what the criminal justice system actually ends up doing with him? If he gets community service, what should he do? Laura, we’ll start with you.

    Laura:

    Quick round, props to Alvin Bragg, who is the DA who brought the case against all the odds, was given a lot of grief and did a good job in my view. Now that having been said, no, he’s not going to serve a day in prison and we should stop talking about this case. The court is not going to save us. Organizing is what is required.

    Taya Graham:

    Preach.

    Laura:

    Politics, intergenerational, intersectional, long-term, politics is the point right now. Frankly, if I had a media team that had resources of the sort that our network friends have, I would stop covering the trials and start having somebody regularly on the campaign stops that Trump is making. Record what he’s saying, show who’s there, show what’s being sold outside in the parking lot. The public need to see what is being incited in this moment and whom. We need to start talking to some of the people Trump’s talking to. But first and foremost, we’ve got to start seeing one another in this picture instead of focusing simply on this court.

    Taya Graham:

    So well said.

    Stephen Janis:

    I mean, when we went to a Trump rally, we saw the militaristic Trump as Rambo, kind of iconic, iconography.

    Taya Graham:

    But the thing is, despite some of the iconography being a little odd, I actually had…

    Stephen Janis:

    Odd?

    Taya Graham:

    … some very nice conversations with the folks outside of the Trump rallies. Even though, let’s say our political viewpoints were different, I felt like we were really able to communicate and understand each other and I feel like I learned a lot. That’s one of the reasons that I’m really excited that we’re going to be going to the Republican National Convention in Milwaukee, Wisconsin this July, because we want to do exactly what you said, Laura. We want to reach out to people, to understand what their concerns are. We’re not just going to be inside the RNC, we’re going to be outside the RNC. We’re going to be going to residents in Milwaukee and asking them their thoughts on the upcoming campaign.

    Stephen Janis:

    But I mean, Trump with a bazooka was burned into my consciousness.

    Taya Graham:

    Well, I mean the Rambo one was a little odd.

    Stephen Janis:

    Very interesting. So should we go?

    Taya Graham:

    Yes, we’ve got the lightning round. What kind of community service?

    Stephen Janis:

    Not just, we also been asking about the app, and I think Laura made an excellent point about we got to stop talking about it.

    Taya Graham:

    I completely agree.

    Stephen Janis:

    The mainstream media is obsessed with it. But let’s just get, so let’s go to Mark, I guess, and we’ll get Mark.

    Taya Graham:

    Let’s keep talking.

    Stephen Janis:

    Mark, so what do you think? Do you think Trump’s going to be sentenced anything? Should he be, should he spend any time in jail? Will that be a factor in the election?

    Mark:

    I mean, should he spend time in jail? Yes, but who cares because it’s not going to happen.

    Stephen Janis:

    Okay.

    Taya Graham:

    Fair enough.

    Mark:

    If he gets parole, send him to cleaning up all the dog shit in America, let him do that for a few months. Can’t talk to the media, has to pick up dog shit.

    But beyond that, I think that the reality is that we face a very grim future if certain forces in America don’t come together and unite to stop it, and that’s the reality. It can happen, but will it happen? I mean, it’s like I said to somebody the other day who’s inside the Democratic Party who I’ve known for a long time. You should take some of those millions and millions of dollars, work with unions, work with communities, hire organizers, make a fight, and build a media campaign that attacks every word that sucker says, and put it out there wide.

    You’ve got to take the fight to him, to them. If we don’t fight, we lose. I don’t see us fighting at the moment. That fighting doesn’t mean fighting in the street, but from where I come from, if that happens, it happens. I’m not joking. If it happens, it happens.

    But what I’m saying is you take the fight, like in Mississippi when we had COFO and SNCC, you took the fight to the racists and the clan by organizing black people in Mississippi to register and vote and to go out there and walk to the polling places. No matter what the hell happens, you’re going to force them to let you vote or you’re going to go to jail.

    Stephen Janis:

    Let me ask you a really quick question…

    Mark:

    Yes.

    Stephen Janis:

    … Given your basic experience. One of the voters Trump has picked up with is African-American men and has been making these polls seem more favorable to Trump. Why do you think that’s happening?

    Mark:

    Well, it’s interesting. One of my closest friends in life who I was in the Boy Scouts with, which was a long time ago, when we still had segregation, and I was the white kid in an all black boy scout troop on the east side of Baltimore. This guy was a Black Panther and a leader of the auto workers, and he voted for Trump. We had these long conversations, “Well, why did you vote for Trump?” He’s passed away, it’s about six months ago, one of my closest friends. But he said, “Because the Democrats don’t do anything for us, because they’re not fighting for us, because they don’t care about what happens in our communities. They don’t create jobs. They’re not fighting to help the environment. Let’s get this guy in office, maybe he’ll make it so bad, we’ll get rid of him.” There’s a feeling of people who feel left out have no place else to turn.

    Taya Graham:

    Yes.

    Stephen Janis:

    Yeah. To Rick’s point on that.

    Mark:

    For the Democrats to do it, they’re going to have to come together with unions, community groups, as I just said, and really organize and fight. If we don’t take it to them, we’re going to lose.

    Taya Graham:

    Mark, I think you made an excellent point, and when you mentioned your friend, there are folks out there who take pretty much an accelerationist view to this, which is we have to show how bad the system is by putting the worst person in charge until people are ready to make a serious change. They’re pretty much on the, they’re beyond incremental change anymore, which unfortunately is what a lot of Democrats have promised. Let’s go to Rick.

    Stephen Janis:

    I’m afraid to ask him this question actually.

    Taya Graham:

    Yeah, I’m a little worried about asking Rick this question.

    Rick:

    I got a good answer. I got a good one.

    Stephen Janis:

    Okay.

    Rick:

    I think there’s a better chance than Trump going to jail, that the Governor of New York pardons him because there’s a tradition with the Democratic Party that the more polite we are to the other side, the nicer they’ll be to us.

    Taya Graham:

    Right.

    Rick:

    When they go low, we go high.

    Stephen Janis:

    Yeah, that works.

    Rick:

    Then also in the next issue of Baffler, me and the historian, Geraldo Cadava, have a piece coming out, interview between the two of us about why minority folks are voting for Republicans. He knows more about this than I do, especially Spanish surname folks. Accelerationists, that’s no way to go when the other side has the guns.

    Taya Graham:

    Right. I have to agree. I don’t want us to burn it down to make things better.

    Stephen Janis:

    It’s an interesting distinction. How do you fight without seeming as accelerationist as the Republicans when we fight?

    Rick:

    Well, you build, right?

    Stephen Janis:

    But that’s the thing, Rick, what we were talking about. I mean really if you look at the Inflation Reduction Act, there’s a lot of building going on, but people don’t perceive the Democrats as having done anything, or Biden.

    Laura:

    Biden didn’t sign the checks. Well, Trump signed the checks, the relief checks.

    Rick:

    Well, I mean, yeah.

    Stephen Janis:

    That’s right.

    Rick:

    There’s a shortage of welders now. It’s like if you want a job and you’re working class become a welder and they’re…

    Stephen Janis:

    And electricians.

    Max Alvarez:

    The federal government should be putting out job programs to train people to be welders, to take the jobs. They’re not doing it.

    Laura:

    Big signs that say project brought to you by… One thing I have for the old man as you called him Rick, was why is he up there campaigning on his own? He should be campaigning with his whole cabinet, show who it is that actually is brought into office when we cast a vote in an election. It’s not one person, it’s a whole administration. There may be some bums, may be some good people in there.

    Rick:

    How about we start a new generation of democratic leaders.

    Laura:

    Yeah, look at them. Lina Khan. I mean there’s a few good ones out there. There’s some good members of that administration who never get a say in these campaign stops.

    Stephen Janis:

    Good point.

    Laura:

    I think that’s what I wish I could see is a “we” campaign. It’s a whole bunch of people we bring into office when we cost that vote.

    Stephen Janis:

    Great point.

    Taya Graham:

    That’s an excellent point.

    Stephen Janis:

    The last person is Max on this lightning round. We mean lightning, Max, which means fast.

    Max Alvarez:

    I wholeheartedly agree with what everyone has said and I’ve talked enough, so I’ll see you tomorrow.

    Taya Graham:

    Oh, okay.

    Stephen Janis:

    Okay.

    Taya Graham:

    That was unexpected.

    Stephen Janis:

    That was interesting.

    Taya Graham:

    Well, on that note, I want to thank all of the wonderful guests.

    Stephen Janis:

    Absolutely.

    Taya Graham:

    For their insightful answers and critical context that they shared with us to understand this historic moment. Certainly I’ve learned a lot and the opinions offered during this live stream have prompted me to reconsider the verdict in ways that I hadn’t before.

    Stephen Janis:

    Absolutely.

    Taya Graham:

    That to me, this is what the Real News is all about, and that’s why we work so hard to produce these types of shows and feature these wonderful thinkers. Now Stephen, I’m going to give you one last chance to say something. Given some of the ideas raised in this discussion, what’s your big takeaway or final thoughts? Is there anything else you want to share?

    Stephen Janis:

    Well, we have to weaponize being rational as much as the right can weaponize fear. But I think one of the operative things you see in bad policing and bad law enforcement is that law enforcement has a rhetorical ability to appeal to fear and fear makes us irrational. I think all our guests pointed out how much the right and the Republicans have used fear and irrationality to be effectively politic.

    What I would hope we would be able to do is somehow counter that. But it’s very hard to counter. It’s very hard to counter when, as Rick pointed out, you have someone fearful, isolated, lonely on their computer, feeling like no one cares about them. That’s a hard thing to fight in the political arena, especially when you have someone like Biden who’s not the greatest communicator in the world.

    I think we should focus on that and coming up with a rhetorical platform to be able to see things are changing on some level and that has to be communicated and understood. That’s where I am.

    Taya Graham:

    Well, before I give my final thoughts, I just want to throw a few comments on the screen. I wanted to share Lori McNamara who said, “Not putting him in jail tells every other criminal politician that they can go right ahead and do exactly what he did. Take over your entire country by telling lies and lies and more lies.”

    I also wanted to add Buckaroo Bonsai, I think who was responding to our talking about solidarity. He said, “All one or all none,” and that was on the Dr. Bronner’s soap bottles. I don’t know if you’ve ever used the Dr. Bronner’s soap.

    Stephen Janis:

    I have not.

    Taya Graham:

    I also just want to say hi to Nola D out there as well.

    Stephen Janis:

    Hi Nola. How are you?

    Taya Graham:

    Thank you. We appreciate you. All right, so now I’m going to get to some final thoughts and I also just want to thank everybody for being in the chat. It’s been very lively and I wish I could have put more of your comments on screen.

    Let me share just a few things for all of us to consider. However, you feel about Trump, the fallout from his criminal conviction falls into the same pattern as his other legal troubles and predicament. It seems, regardless of what he does says or what norms he challenges, to put it mildly, there are always two camps of thought that are stubborn.

    One camp that holds him infallible and the other camp that finds him irredeemable. What is lost in the conversation is us, the people who truly suffer the consequences of these flawed institutions. The problems with the system so to speak, always seem to center around him, his power, his ambition, and his efforts to save himself. That’s what troubles me about all the controversy over this conviction and what it says about our criminal justice system.

    It’s a debate, if not a purposeful and divisive distraction that focuses on the fate of a single man, one individual, and one person who by most measures has been incredibly lucky and the beneficiary of a system that is often intrinsically unfair to the rest of us. I mean by his own account, he is a billionaire. He lives an incredibly lavish lifestyle. He’s afforded the best legal representation and has had the freedom to blast the judges and prosecutors like no other defendant I have covered.

    He has been, up until this point, nearly untouchable. At the very least, a recipient of the generous varieties of material comfort and social capital afforded only the most elite of the elites. My thoughts about Trump have much to do with that aspect of his predicament. He’s an elite. He like his fellow billionaires, have been afforded an unjust share of the largesse of a decadent society.

    With all that, he seems to be concerned about the criminal justice system only through the lens of his personal tribulations. I mean, he wants us to take to the streets to protect his right to take a business deduction for paying off a mistress the amount, nearly four times the yearly wage of the average working person. He wants us to tear apart the system so he can be exempt from it.

    He’s not alone. I mean, isn’t this true with the rest of the elites in this country with their supersized yachts and private islands and underground survivalist bunkers? They have the extravagant lifestyles of literal kings and queens. Do they also want to be exempt from a predatory healthcare system? Do they worry that social security won’t be there for them when they retire? I don’t think so, but I do. I worry.

    I mean, I guess the question would be, why can’t the elites get to experience the unfairness of the system and the injustice the rest of us live with every day? It might be good for them, make them a little less aloof and maybe the next time they would really hear us when we cry out for help or for justice. This goes for the system that bolsters the inequality, that makes them so powerful and so contemptuous of it. When that system bends and actually contorts towards them, they claim it’s unfair and biased. When it comes for us and the working class people we feature on our show, it’s just a result of a process that has rightly condemned, the least powerful among us.

    I would offer this caveat when we think about the trial, the verdict, the fallout, and perhaps the impact on the election. Yes, the criminal justice system is flawed, in obvious and in some opaque ways. Yes, it can be capricious and used to retaliate and squash dissent. Yes, it is often more harmful than the crimes and transgressions it purports to redress. I mean, we have both witnessed its destructive tendencies firsthand.

    But let’s just make sure that we’re fixing it for all of us and let’s focus on reforming it for the people who can’t hire expensive lawyers and have a pulpit surrounded by media. Let’s critique reform and overhaul the system for the people, not just the powerful. Let’s fix it for everyone, not so that a single individual can take a tax deduction that most of us could only dream of.

    All right, that’s it. That’s it for me.

    Stephen Janis:

    Excellent. Thank you.

    Taya Graham:

    I want to thank our guests, Laura Flanders, for taking the time to speak with us. Thank you so much, Laura, and I hope everyone watching will take a moment and go to subscribe to the Laura Flanders and Friends channel…

    Stephen Janis:

    Absolutely.

    Taya Graham:

    … Which should be tagged in the description below. Of course, I want to thank Rick Perlstein for his time. I wish I had more time to draw on your experience from a historical perspective. I really appreciate you being here.

    Of course, we’ve got to thank our Real News colleagues, Maximillian Alvarez and Mark Steiner for joining us. To everyone help make the stream possible, including David Hebden, Jocelyn, Kayla, Cameron, James and Ju-Hyun. Thank you so much for helping us keep it on track.

    Stephen Janis:

    Thank you.

    Taya Graham:

    Of course, I have to thank my colleague Stephen Janis.

    Stephen Janis:

    You’re welcome.

    Taya Graham:

    For hosting this live stream with me. It’s always great to get you off your investigative beat on the street.

    Stephen Janis:

    Yes.

    Taya Graham:

    And indoors to report.

    Stephen Janis:

    Grateful, I am grateful.

    Taya Graham:

    Thank you Stephen.

    Stephen Janis:

    Thank you and thanks to all the guests. They were wonderful.

    Taya Graham:

    I want to thank everyone who participated in today’s chat. Thank you for helping us have a productive conversation. I hope you’ll take a moment to leave a comment and a like, and we always appreciate hearing your thoughts. My name is Taya Graham, and thank you so much for joining me this evening. Take care.

    This post was originally published on The Real News Network.

  • The lived reality of the racist prison system can get lost in the swirl of facts and figures surrounding mass incarceration. Frigid cells in winters and sweltering conditions in summers; the volatility and capriciousness of hostile guards and correctional staff; food barely fit for human consumption; isolation from one’s community and deprivation from the routines and small freedoms that made up one’s identity prior to incarceration. The trauma of such an experience is undeniable, and extends far beyond prison walls—from overpoliced communities subjected to the constant presence of police surveillance and terror, to the families and relationships put under the strain of separation. Dr. Da’Mond Holt returns to Rattling the Bars for the final installment of a two-part interview, this time speaking with host Mansa Musa and his friend Lonnell Sligh, about their respective experiences behind bars, and the implications of the prison system as a deliberate system of mass trauma affecting Black and other working class communities of color.

    Studio Production: David Hebden, Cameron Granadino
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to this edition of Rattling The Bars. I’m your host, Mansa Musa. Joining me today is Dr. Da’Mond Holt from Trauma… Where are you from?

    Dr. Da’Mond T. Holt:

    The Trauma Center of Hope, from Tucson, Arizona.

    Mansa Musa:

    Trauma Center of Hope from Tucson, Arizona. And my good friend Lonnell Sligh, say hi to our audience Lonnell.

    Lonnell Sligh:

    Hello everybody. Thank you for having me. I’m Lonnell Sligh.

    Mansa Musa:

    Today we are talking about black trauma, what happened to us. We have Dr. Holt here as a referee between me and Sligh. Me and Sligh been beefing forever. I want you to mediate this beef, right Doc, since you a traumatologist. Because he got the Golden Gloves Award and all that. So I’m thinking about just hitting him and running, not to have no more Trump, but I jest.

    Today we going to be talking about, both me and Lonnell together, have served almost a hundred years in prison. So today we’re going to be talking about, not only how we process the trauma that we undergone, but our views on it as it relates to the prison system. But more importantly, we want you Doc, Dr. Holt, to contextualize a lot of this stuff for the benefit of our audience. Because we’re of the opinion that we need to build a movement around trauma.

    Dr. Da’Mond T. Holt:

    Yes.

    Mansa Musa:

    We’ve been having this conversation off camera. But more importantly, we wanted to talk about, as it relate to the prison industrial complex, when should we start addressing it? Should we wait to post-release or pre-release, or when they first go in the system?

    Lonnell, talk about yourself, aight. How much time was you initially serving?

    Lonnell Sligh:

    Two life sentences plus a hundred years.

    Mansa Musa:

    Okay.

    How much time have you done thus far?

    Lonnell Sligh:

    33.

    Mansa Musa:

    All right.

    Full disclosure, Lonnell was sent out state. He’ll talk about that a little bit. We had just got him back to the state of Maryland where he’s presently, his family lives, his children live. He got a wonderful loving family. Talk about your journey. Let’s talk about how you wind up in Kansas.

    Lonnell Sligh:

    Okay. As he stated, we long-time time friends, we were in Jessup Correctional Center together. And at the time it was a killing field. In Jessup, we seen the need that we had to do something if we wanted to move forward and not be locked down or shut down.

    Mansa Musa:

    Yeah.

    Lonnell Sligh:

    So we started a program called the Rebuilding Our Youth program, and it became highly successful. We had gangs and people from all different walks in the program. Just like I said, it became successful. So in success when you in the midst of the belly of the beast, you have jealousy, envy, which we here to talk about now. Trauma. A lot of traumatized people.

    Mansa Musa:

    Yeah.

    Lonnell Sligh:

    Even myself. As we know, when you traumatize, you don’t know how to deal with situations or things that you might want to do, so you take the low road.

    Mansa Musa:

    Yeah.

    Lonnell Sligh:

    So anyway, in the midst of that, I ended up getting sent out of a state to Kansas. That was most definitely traumatizing because I was sent away from my family.

    Dr. Da’Mond T. Holt:

    Right.

    Mansa Musa:

    Yeah.

    Lonnell Sligh:

    In the midst of me doing something that we thought was great and we thought was good. So anyway, I went to Kansas, and this is a whole new process and a whole new journey. In my past way of thinking, when you go into a new environment, you got to set a tone. Because that’s that trauma, that’s that way of thinking. But I had fortunately moved in my journey, whereas though I was more comfortable with myself and I was on a positive movement, whereas though I was bettering myself. Because that’s one of the things that we were fortunate to do; a lot of people don’t get that opportunity.

    So when I got to Kansas, it was a nightmare. And just like I say, it was traumatizing. But I took that opportunity to say, okay, I’m mad and I’m in a new environment, but I’m going to continue my journey because this is who I am now. This is what I built myself to be. This is what I believe and this is my passion.

    Mansa Musa:

    Yeah.

    Lonnell Sligh:

    So I went to Kansas and seen the lay of that land and seen that they were a hundred years behind the time, I use that as a terminology, but they were behind the time. So I was able to bring the same mindset that I had in Jessup that I left him with, to there.

    Mansa Musa:

    Dr. Holt, let’s unpack that, right, because we talked early about the different types of trauma and fight or flight.

    Dr. Da’Mond T. Holt:

    Yeah.

    Mansa Musa:

    In your analysis, because you put in the book, you got in there about the prison industrial complex and the impact of that particular institution on people of color, black people, African-Americans. Talk about that right there. How do we deal with that industry? Because now we’re talking about an industry, prison industrial complex. As he just said, it’s arbitrary and it’s capricious that is designed primarily to punish.

    Dr. Da’Mond T. Holt:

    Yes.

    Mansa Musa:

    So in that environment, how do you look at what needs to be done? When do we need to address the trauma? Trauma led us in there and when we get out, trauma’s going to get us back in there if we don’t address it. Talk about your analysis when you talk about the prison industrial in your book.

    Dr. Da’Mond T. Holt:

    So not only the industry, but I believe the system itself, the justice system period is a traumatizing environment and a traumatizing system.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    Not just on the back end when you’re incarcerated, but on the front end when you are overly policed in our community, where traffic stops is a deadly experiences for black and brown people, where indictments and the way that processing is done for black and brown people on just the front end. We haven’t even got to the prison system yet. We’re talking about how we are prosecuted, how juries are selected.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    We don’t really pierce through a lot of those layers of how traumatizing that is for black and brown people. I mean the fact of the matter is we just incarcerate too many people. We incarcerate more black and brown people than anywhere in the world. And the system is designed on purpose. People say it’s a broken system. It’s not a broken system.

    Mansa Musa:

    Yeah. Right.

    Dr. Da’Mond T. Holt:

    That system has been designed and architect to do what it do.

    Mansa Musa:

    It’s highly functional.

    Dr. Da’Mond T. Holt:

    Yeah. It’s highly functional and, believe it or not, very profitable.

    Mansa Musa:

    Come on.

    Dr. Da’Mond T. Holt:

    The justice system is also a billion-dollar industry where different subcontracts all got their hands out to make money on people who have been incarcerated, even to the bail system that needs to be reformed. We have a lot of people who have not even been adjudicated sitting in county jails for months, and they lose their home, they lose their job, they lose their families. All of those different things. That’s nothing but trauma my friend. Then we get to the prisons; when now you are convicted, many people that are black and brown have wrongfully been convicted, have not been exonerated, and they’re sitting in prison innocent.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    So prison is a traumatizing experience; being confined as an animal, treated as an animal, institutionalized, mentally, abused by prison guards, gangs all over the place, sexual assaults, rapes and murders and shanks, all of that stuff. The violence impacts the brain in such an overwhelming condition. And if you’re in that environment for a 24-hour experience, the brain that the [inaudible 00:08:57] is overwhelmed, the HPA is releasing so much cortisol that your first several days of the introduction of being in prison, being fresh meat, coming into that environment, makes the brain so overwhelmingly traumatized and on high alert to where your brain can’t relax. It can’t sleep. Insomnia is real. You can’t sleep because you don’t know if it’s life and death.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    Depending on what beef you have, going to sleep might be death for you.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    So imagine, just sleep deprivation. Being cold and not comfortable, no real soft mattress. All of those things plays a part on the traumatization of incarceration. The paranoia begins to develop. Then because of the fact that the environment is so animal-like in behavior, you have to start turning off your natural senses and emotions, just to survive the night.

    And the treatment, the dehumanizing experience, the demonizing experience, the stigmatization experience, the marginalizing experience of being in a prison environment does severe damage to the brain. It doesn’t just impact the brain. I believe that your brain starts being rewired starting day one. And it stays stuck in that rewired frame, not even when you get out. And that’s when it gets dangerous. Because when you’re released, your brain stays in a rewired state. And this is the reason why when people and my brothers and sisters come out of prison, they are not the same. They are not the same. Your children know it, your spouse know it, your family know it. You have been almost unhinged and rewired to live in a animal-like condition. But the question is when you’re back released in society and normalcy, how do you shift abnormal-like behavior for 30 years of conditioning to normalcy? The switch doesn’t just happen like that.

    Mansa Musa:

    Let me pick up on that right there.

    Dr. Da’Mond T. Holt:

    Yeah.

    Mansa Musa:

    All right. And I’m going to come to you next, Sligh. All right, I’m going to give a situation.

    Dr. Da’Mond T. Holt:

    Yeah.

    Mansa Musa:

    All right. They killed the police in the Maryland Penitentiary, [inaudible 00:11:44]. So naturally the state respond by, they’re going to do a fact-finding mission. So they had the previous attorney general, Stephen Sacks; they had the speaker of the house, the general assembly; and they had the house, the delegate. They came into what this place was called South Wing. Now I did a lot of time on South Wing. They came in there. When they left, they was on the front porch of the penitentiary like they was shaking, visually shaking, and this is where they say they came from. They say they came from the innermost circle of hell. Man, I did anywhere between three, four and five years in that spot. I didn’t feel like I was in hell. Talk about that, Sligh. Talk about when did you start? Because you ain’t come in the system the Lonnell Sligh you see today.

    Lonnell Sligh:

    Absolutely.

    Mansa Musa:

    You know what I mean? You come in the system, the Lonnell Sligh that was ready to, anybody say the wrong thing…

    Lonnell Sligh:

    I’m going to deal with it.

    Mansa Musa:

    You want to deal with it. Where did you make that shift at? When did you come to that shift? Because what he just outlined is something that both Carlisle or a horror movie; if you was to take and not speak on trauma and say this is a script for the next horror movie, Freddy Krueger. Then you could take everything he said, said and say, okay, just put Freddy Krueger in the character. Talk about that Sligh.

    Lonnell Sligh:

    Just like you stated to how they came out of the South Wing, for me, I consider myself not a monster, but I was ready to deal with whatever came to me. Because that’s just the mentality that I had when I first came to prison. I was living a lifestyle in the streets that had me in that mind frame. But for me, once I got to prison, it took some years, it took some time. It took me, like he said, going to the lockup, sitting on that shelf. But I had a lot of people in my ear that always asked me, “What is your problem? Even though you say you never getting out of prison, you still have a lot of things that people would love to have.” Through that I just started thinking and analyzing it.

    Then it dawned on me how my way of thinking was that my way of thinking was crazy and insane. So once I got that in my mind, then that’s when I started making the transition into trying to re-educate myself. Because I knew something was wrong, and that’s why I said I didn’t know nothing about the trauma until later on. But that right there was the spark for me, and thirty-something years later, I’m here today.

    Mansa Musa:

    Hey doctor, talk about that right there. Because that’s something that is common in prison. That’s a commonality in prison. We come in one way; in the midst of being in there, the light come on, what they call the aha moment. But peel that back. Is that that junction? Have I processed, have I come to the realization that I got trauma? Or am I just, now I’m rewiring myself to say, “I got to change my thinking in order to get out of prison. Because if I stay where I’m at, I’m not going to get out.”

    Dr. Da’Mond T. Holt:

    Yeah.

    Mansa Musa:

    You understand what I’m saying?

    Dr. Da’Mond T. Holt:

    I understand what you’re saying. Before you can change your thinking, there’s a process. The process is number one, you have core beliefs. Once you have your core beliefs, then you have your thoughts, which is your thinking. Your thinking is in charge of your actions, and if you continue to have a certain level of actions for a certain amount of days, it turns into behavior. And then once you have a set behaviors, it turns into habits. You can’t get over here and impact your habits when you have not shifted your core beliefs.

    Lonnell Sligh:

    Absolutely.

    Mansa Musa:

    Okay.

    Dr. Da’Mond T. Holt:

    Your core beliefs is your reality. It’s what’s real to you. Now I can think all kinds of things about you, but if you don’t believe it in your core reality, it doesn’t matter about what I think. Now I’m even talking about it as a doctor. I can believe I see hope in you, but if your core beliefs is so dark you can’t even see a glimpse of light, then it doesn’t matter how much light I see in you. Your core beliefs have been damaged. So in order to really shift your thinking, and a lot of times coming out of prison, we have stinking thinking.

    Mansa Musa:

    Come on.

    Dr. Da’Mond T. Holt:

    So your life can’t change until you shift your stinking thinking. How you do that? Number one, you got to shift how you believe.

    Lonnell Sligh:

    Absolutely.

    Dr. Da’Mond T. Holt:

    You got to believe in a higher power more than you, whether that’s God or whatever. And you also got to believe in yourself. Now in my perspective, I believe in the power of God. Two, then your core beliefs have to impact how you think. Thinking has everything to do with who you are. As the scripture says, “As a man thinketh in his heart,” holy, “So is he.” You are the product of your thoughts. Your life cannot change until, number one, you change your belief system. Your belief system impacts your thoughts, then thoughts impact your behavior. Behavior impact your actions. Actions impact your habits. You can’t change your bad habits until you go push that rewind back and go back through those steps, one by one, and start shifting those things in the right direction.

    So it is very important that when we’re talking about people coming out of prison, it is not as simple, from my per perspective, to just give an inmate a job and give them a house. Well, you can give them a job and a house, but if you ain’t healed the brain, it doesn’t matter how many resources that you give them, they will relapse and go back into recidivism. So we have to go back to that root cause of healing the brain. My other book is called Get Your Mind Right. You can’t change your life till you heal your brain. You want a better life, we got to heal that brain, get that brain functional at the level that it needs to be in order to impact people’s lives. So my last point is what I was alluding to is when we go into prison, the prison is designed not only just to punish, but the prison is designed to create monsters.

    Mansa Musa:

    That’s what it is. That’s what it is. That’s right.

    Dr. Da’Mond T. Holt:

    It’s to create monsters.

    Mansa Musa:

    That’s right.

    Dr. Da’Mond T. Holt:

    It’s really you going on Nightmare on Elm Street.

    Mansa Musa:

    That’s where you’re at.

    Dr. Da’Mond T. Holt:

    Whether if it’s 20, 30, 40 years. And you stay there with Freddy Krueger until you’re like Freddy Krueger. And then when you come out, we wondering why recidivism is high. Well first of all, I always say too, the prison industry need to stop false advertising. They need to stop lying. What do you mean by that, Dr. Holt? Hold on, I’m glad you’re asking me. I’m going to tell you for free. What I mean by that is they have been lying to us for years calling prison, the Department of Corrections. They don’t correct nothing. It’s really the Department of Punishment, not Correction. Because if it was correction, then you’d be getting education. If it was correction, you’d be getting mental health support. If it was correction, you’d be getting rehabilitated from addictions and substance abuse. It does not correct. So we need to change it from DOC to DOP, because it’s more about punishment than it is correction. So Dr. Holt is on record on your show saying they need to stop all this doggone lying, talking about they correcting.

    When you’re correcting you should leave better than the way that you were. What we are doing is we leaving men bitter than better. So when you coming out of prison, we got more bitter people than we have better people. And when bitterness sets in without correction, it turns into a mental and spiritual cancer and it begins to erode on the inside. This is also what we call suicide ideation, where people are hanging themselves in prison because they have lost all light hope and they have no future to change.

    Mansa Musa:

    There you go. Dr. Holt, you got me getting ready to say amen. Hello.

    According to Dr. Holt, we got no authority. We got no authority. Stop that doggone lying.

    Dr. Da’Mond T. Holt:

    Stop that lying.

    Mansa Musa:

    Sligh, talk about in your transition. Because mind you audience, this is gladiator school. The JCI Jessup Correctional Institution. I’m going on record, Dr. Holt; JCI is the only institution that I know of that was founded on the knife. When you came to JCI, you ain’t ask for no clothes, no change of underwear. You ain’t ask for no a bed roll, you asked for a knife. The first thing you asked for, “Give me a knife.” And then you proceeded to, “Where I’m going to sleep at? Give me something to sleep on. Give me a pillow,” if I wanted one. Or, “Who I’m in the cell with.” But prior to that, when you came into the system, if you knew somebody, if I knew Lonnell, if me and Sligh was homeboys and I knew him; when I came in the joint, I ain’t got to ask for a knife. He going to say, “Look, here, you need this right here.” So in terms of trauma, the first thing I would think is, “Okay, who do I got a problem with?”

    Lonnell Sligh:

    Yeah.

    Mansa Musa:

    Because you giving me something to protect myself with, there’s obvious that I got a problem with somebody. Now talk about that. Because you was down in JCI at the inception of it, when they started, when it was, they were flying the helicopter in there. Talk about how you was able to navigate that and not get caught up. Or not get caught beating nobody up.

    Lonnell Sligh:

    Yeah, I heard that. You didn’t have to say that. But nah, you absolutely right. When I first got to JCI, it was at the beginning stages, and it was a killing field. The helicopter land there weekly, regularly. And it wasn’t just for inmates, the residents, it was for the staff as well. But the thing that helped me was the people that was around me that I knew when I got there. I had a few good brothers there that just gave me the lay of the land. Because when, just like he said, when it opened up, they was closing down the penitentiary because of a whole bunch of shenanigans. So it was built on, like he said, the knife.

    But for me, it wasn’t a thing of how I’m going to survive. The thing for me was how was I not going to kill somebody? You know what I mean? Because that’s what type of place it was. So for me, because let me remind you, I didn’t say this earlier, but I had a double life sentence plus a hundred years. So I was never supposed to get out of prison. That was supposed to have been my resting place. So when you have that kind of sentence, a lot of times we had that mindset that we going go in there and we going to make examples so that people know to stay out my way. But just like I said, fortunately I had a few people that was there that knew me from Lorton or from other places that gave me some guidance. And from that my mindset was, because I was never getting out, I was trying to get into a space where I’m going to figure a way to better myself and the people around me. Even though, just like I said, I knew I was never getting out of prison.

    Mansa Musa:

    Dr. Holt, talk about that. Because Angela Davis said in her book If They Come in the Morning, about political prisoners, by her and other political prisoners, she talked about that part of the prison industrial complex, where in that environment you foster a family. And in that environment, when you foster a family, that family in that environment, it becomes more than just to protect you. It becomes a place where you can get legitimate advice. Like you said, he had people saying things to him about like, “Man, look, you got to change your way of thinking, man.” Even though he had double life and a gazillion years, he chose to listen to them because he looked at him as being family and people that had legitimate interest. We talked about that earlier, we talked about people getting ready. Can you find that environment, people that can help you, encourage you, to get ready to do a self-examination?

    Dr. Da’Mond T. Holt:

    Most definitely. And I think what he had found, the brother had found, was a sense of community. Because another thing about the prison industry and incarceration is not only does it try to create and produce monsters, but it does it by the power of isolation. And it is to break you. Isolation is that breaking down process. It is to break you down mentally, emotionally, spiritually, to even where you feel your soul is dying. The spirit man is dying through the power of isolation. Because once now I isolate you, now the prison guard can perpetuate pain and punishment, belittling, and kill your soul. And that’s what a monster is.

    Mansa Musa:

    Soulless.

    Dr. Da’Mond T. Holt:

    A soulless person.

    Mansa Musa:

    Is that making sense?

    Lonnell Sligh:

    Absolutely.

    Dr. Da’Mond T. Holt:

    It’s a soulless person. That’s a scary situation. That’s why they need you in the cage, is because they’re making you a soulless human walking on that campus. And anything can happen. So they create it, but they’re scared of what they created and don’t know what to do with it.

    But at the end of the day, if you don’t have a permanent life sentence, that means one day you’re going to get released to society. And what we are doing is we are releasing those type of individuals in the community, and they’re not mentally, emotionally and spiritually ready. So you asked the question, and we talked about in our first segment, readiness have everything to do with you wanting to go to the next level. Believe it or not, you ask her what does readiness look like? Believe it or not, that’s not an easy answer. It’s a very complex answer. But I can say in my experience and expertise, readiness has had everything to do with circumstances and situations. Sometimes a loved one have to pass away.

    Mansa Musa:

    Right. You got it, you got it, you got it.

    Dr. Da’Mond T. Holt:

    Unfortunately.

    Mansa Musa:

    Right.

    Dr. Da’Mond T. Holt:

    Unfortunately, maybe a loved one might have to have passed away, and you didn’t get that relationship right. Let’s say for example, you got a brother, y’all been beefing and you was the black sheep of the family, and that person was jealous of you. Y’all been beefing all since your childhood and adulthood, and that person died, and you never got a chance to rectify that relationship, but you got four other siblings. Sometimes it takes losing that person, that loved one, and realizing I got four others. I need to take life serious and get it right before I finally get that light to show up and say, “You know what? I need to be ready.” Maybe it means you had to lose the relationship of your kids for you to finally recognize your temper is out of control, and you are burning every relationship that you have today. Every bridge now is burnt, you can’t even go back and walk no more. Maybe that may force you to say, “I need to do something about myself and get ready.” So it looks different for every circumstances, but it is all associated with the circumstances about readiness.

    Mansa Musa:

    You know what? I like that. Because when we look at the landscape, the prison industrial complex, it might just be as benign as, “I got to change the way I am. I don’t want to be seen like this no more. I’m a sleazy, slimy dopefiend, and every time somebody references me, they reference me with an adjective that’s descriptive of somebody less than human.” That can put me in a state of mind where I got I do self-examination. But at the end of the day I agree that it’s circumstantial, readiness is circumstantial.

    As we close out, Lonnell, talk about what you’re doing now.

    Lonnell Sligh:

    Well, right now I’m not fully out. I still have some conditions, but I made sure that I put myself in the space to continue what we started in JCI. And as we talked earlier about this movement for this trauma, because for myself and for Brother Mansa Musa, I think I could speak, we most definitely need a movement. And like he said earlier, when do you start in the prison complex? Because for us, we tried to start at the beginning and give people something to latch hold to from day one, even if they not ready. We was a firm believer. We always told guys, “Hey, if you come in here, we don’t care what you in here for, but you’re going to be respectful.”

    Mansa Musa:

    That’s right.

    Lonnell Sligh:

    Eventually some of those guys he had in here interviewing because they in spaces now where they leaders and they have their own programs. But for me right now I’m involved in a program called Evil Life Givers, Ditto House. I’m currently looking for employment as a peer counselor so that I can continue on the things that we started.

    And I have a team of guys that we are doing our own thing. We networking with Kansas, to go to Kansas, because I started something in Kansas that now is taking off and it’s big. The people in Kansas has invited me back to Kansas to go inside the prison that I was incarcerated, the one that they sent me from Maryland to punish me to. They invited me.

    Mansa Musa:

    To come in and heal.

    Lonnell Sligh:

    To come in and heal. I meet with them weekly on Thursday with my team, and I also Zoom in on the program that not only did I found, but other programs as well that I was involved in.

    Mansa Musa:

    Dr. Holt?

    Dr. Da’Mond T. Holt:

    Yes.

    Mansa Musa:

    Going forward, what do you want to tell our audience and the world at large when it comes to how we should address trauma?

    Dr. Da’Mond T. Holt:

    I always say that trauma may not be your fault, but it is your responsibility to heal from trauma. Because if you don’t, we gonna bleed on people that didn’t cut us. And not only people that cut us, but sometimes we also bleed on ourselves. It’s important that we identify where we are hemorrhaging and we’re bleeding from our trauma so that we, number one, can be in recovery and restoration for ourselves. And then two, we can go and promote and help somebody else recover as well. It’s very important that we understand that there is hope and there is a light.

    In my work of treatment, I always, number one, promote love. I don’t start anything without love. Tina Turner said, “What’s love got to do with it?”

    Mansa Musa:

    Come on.

    Dr. Da’Mond T. Holt:

    Love has everything to do with it. And one of the thing about prison, it abstracts love from us and we have to get that love back. Men, sometimes we don’t know how to love. We’ve had some rough experiences before prison and in prison; and then we come out, we don’t know how to build those attachments. But everything starts out with love because it’s the most powerful force in the universe. Nothing is more powerful than love because I believe God is love. And that’s where we start out with. So we also got to be, when we talk about readiness, do you love yourself?

    Mansa Musa:

    Come on.

    Dr. Da’Mond T. Holt:

    And how much do you love yourself? What are you willing to do to show that you really love yourself? Because it’s hard to love others without you having your own self-love.

    There’s hope. That’s why I call it not just the trauma center, I said the Trauma Center of Hope. That tells people that no matter what has happened to them, you can heal. Rather you have been sexually assaulted, whether you’ve been molested, whether your father walked away from you, rather your mother left you at the fire station and now you went through foster care through foster care. I’m telling you what’s love got to do with it, and that’s why we start out with love.

    And then there has to have light. You start out with love, then everybody needs a beacon of light. We got to be able, despite the darkness that is happening to our lives and the nightmares we still have, that we are walking in the light. The light have to shine through the mist of darkness. That is what gives us hope; that no matter what has happened to us, I can heal and I can be the best version of myself. The quicker you become the best version of yourself of healing from trauma, the by-product is you can get your marriage back, you can get your children back, you can get your careers back. You can get all those things back when everything starts with the inner healing of you.

    Energy can never be destroyed. It is only transferred. So it is time for us to create a movement of healing and releasing a powerful energy of healing throughout our nation. What the world needs now is love, sweet love.

    Mansa Musa:

    There you have it. What Dr. Holt just told us, say, “Don’t believe the hype.” It’s not fatal. Your injury is not fatal. It’s irreversible, it’s not. You can be healed if you believe. It’s not a hands-on moment, it’s not a hallelujah moment. This is a real movement. This is a real moment, this is the real news, giving you information about trauma.

    Thank you Dr. Holt, thank you Lonnell for joining me. There you have, the real news surrounding the bar. We ask you to continue to support us, because we are actually the real news.

    This post was originally published on The Real News Network.

  • Jennifer Kretschman, a Sacramento school district social worker, was wrapping up her workday when she received a sudden, frantic call from her 17-year-old daughter. Kretschman’s daughter informed her that a black SUV with tinted windows was following her and her stepfather, Kretschman’s fiancé, Jacob Palkovic, on their drive home from school. Kretschman instructed her daughter and Palkovic to come meet her at her workplace, but it was too late. Shortly after the call ended, the unmarked SUV swerved in front of Palkovic’s car. Armed men poured out of the vehicle and pointed their guns at Palkovic and his stepdaughter. Tearing the two family members out of the car, the men failed to announce themselves as members of the Sacramento Sheriff’s Office’s Gang Suppression Unit. Taya Graham and Stephen Janis of the Police Accountability Report speak with Kretschman to uncover why her family was arrested, and explore the myriad problems that come from specialized police units and the police culture that makes them so dangerous.

    Production: Taya Graham, Stephen Janis
    Post-Production: Stephen Janis, Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops, instead we examine the system that makes bad policing possible. And today we’ll achieve that goal by showing one of the most disturbing videos of police overreach I have ever seen, a violent traffic stop by a gang unit that ensnared a teenage girl and her innocent father. A rare glimpse into the threat that militarized policing poses to our basic constitutional rights, which we are going to break down into all of its problematic pieces.

    But before we get started, I want you watching to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com or reach out to me on Facebook or Twitter at tayasbaltimore and we might be able to investigate for you. And please like share and comment on our videos. It helps us get the word out and it can even help our guests. Now of course, you know I read your comments and appreciate them, you see those hearts I give out down there. And I’ve even started doing a comment of the week to show how much I appreciate your thoughts and to show what an amazing community we have. And we also have a Patreon called accountabilityreports. So if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything you can spare is greatly appreciated.

    All right, we’ve gotten that out of the way. Now, as host of a show focused on police accountability, I have watched and reported on a variety of horrible arrests and horrifying body camera video. However, the video I’m showing you right now is one of the most problematic I’ve ever seen. Not just because of the aggressive tactics and sheer indifference to the Constitution it picks, but the ugliness it reveals about the state of American law enforcement, a deeply upsetting callousness towards the citizenry that must be witnessed to be believed.

    The story starts in Sacramento, California, in September of 2023. There a man named Jacob Palkovic was driving his 17-year-old stepdaughter home from school. As he was driving, he noticed a black SUV with tinted windows following him. Concerned, his daughter called his fiancee, Jennifer Kretschman. She instructed him to drive to her workplace, a local school, for their safety. But before they could arrive, the unmarked truck drove in front of them and a terrifying encounter with a group of plainclothes officers ensued. Take a look.

    Jacob Palkovic:

    I’m trying to pull into my wife’s work right here, man.

    Speaker 3:

    What part of stop don’t you understand?

    Jacob Palkovic:

    Hey Officer, I’m trying to pull into-

    Speaker 3:

    Get out of the car.

    Jacob Palkovic:

    I got the car in drive.

    Speaker 3:

    Get out of the… put it in park.

    Jacob Palkovic:

    I got the car in drive.

    CJ Kretschman:

    I’m a minor, I’m a minor, I’m a minor.

    Speaker 3:

    Get out of the car.

    Jacob Palkovic:

    Yes sir, I’m coming out. What the fuck? What do I do man? I just trying to turn in my wife’s work-

    Speaker 3:

    Put your hands on your back.

    Jacob Palkovic:

    I can’t. I got a bad back.

    Speaker 5:

    Put your hands behind your back.

    Jacob Palkovic:

    I got a bad back man. What the fuck?

    Taya Graham:

    That’s right. A bunch of men exit an unmarked vehicle with guns drawn, pointed at Jacob. There are no police markings on their car and they didn’t even announce that they’re police officers. Instead, they drag him to the ground and proceed to execute a painful and terrifying arrest. Just watch.

    Speaker 3:

    Don’t resist.

    Jacob Palkovic:

    Yes sir. What am I doing? I just wanted to get to my wife’s work.

    Speaker 5:

    Well that was stupid. That was fucking stupid.

    Jacob Palkovic:

    Dude. I’m not… I [inaudible 00:03:18].

    Speaker 5:

    That was fucking dumb.

    Jacob Palkovic:

    I can’t breathe man.

    Speaker 3:

    All right, he’s good.

    Jacob Palkovic:

    I can’t get up-

    Speaker 3:

    Turn around, turn around. Stand up. Turn around and stand up.

    Jacob Palkovic:

    [inaudible 00:03:33].

    Taya Graham:

    Now let’s take a second to acknowledge the utter lawlessness of what we’re seeing here and what it means. And I will allege for this particular video, these police officers have not explained to Jacob why he’s on the ground, in obvious pain, being handcuffed. They have not spoken to him at all, they have not articulated a crime or probable cause for violently removing him from the car. Instead, they’ve used force without any foreseeable provocation. An indiscriminate use of police powers that only escalates when they arrest a seventeen-year-old girl. Just look.

    Jacob Palkovic:

    What the fuck are you guys doing to my daughter?

    Speaker 5:

    Is this your wife or your daughter?

    Jacob Palkovic:

    She’s 17 years old man.

    Speaker 5:

    Well then stop acting like an idiot.

    Jacob Palkovic:

    Doing it by I’m coming to my wife’s work.

    Speaker 5:

    Now you’re going to jail.

    Jacob Palkovic:

    She’s 17 years old, man.

    Speaker 5:

    Now you’re going to jail. Now you’re going to jail.

    Jacob Palkovic:

    Why would you do that to a seventeen-year-old? [inaudible 00:04:25].

    Taya Graham:

    Now, even though police have already handcuffed a man for no alleged crime along with his seventeen-year-old stepdaughter, they are not done showing what can only be described as sheer contempt for the law. That’s because the teen’s mother, Jennifer Kretschman, watches the arrest as it unfolds and demands an explanation, as is her right, but the police are having none of it. Watch how the officers respond and tell me, and I do not say this lightly, are these the heroes that we’re supposed to back without question? Just watch.

    Jennifer Kretschman:

    Hey, you better get your fucking hands off my daughter.

    Speaker 7:

    You’re going to stay right there.

    Jennifer Kretschman:

    If you ever touch my daughter again-

    Speaker 7:

    You’re going to go into handcuffs too. You’re going to go into handcuffs too if you do not back up.

    Jennifer Kretschman:

    Name and badge number?

    Speaker 7:

    Davis-167. Please back up. Please back up.

    Jennifer Kretschman:

    That is my daughter. Don’t touch me.

    Speaker 7:

    Please back up, or you’re going to go into cuffs too.

    Jennifer Kretschman:

    Do not touch me.

    Speaker 8:

    Let me tell you what’s happening, do you want me to tell you?

    Jennifer Kretschman:

    Please do buddy.

    Speaker 8:

    You’re not going to the car.

    Jennifer Kretschman:

    I would like to check on my child.

    Speaker 8:

    She’s fine. Let’s go over here.

    Jennifer Kretschman:

    I just watched her get yanked out-

    Speaker 8:

    Okay, listen-

    Jennifer Kretschman:

    17. She’ll be 18 in December. She goes to the Met.

    Speaker 8:

    So listen, listen. They’re conducting a traffic stop on the car. The car was not stopping for probably the last two miles.

    Jennifer Kretschman:

    Traffic… Why?

    Speaker 8:

    I don’t know.

    Taya Graham:

    So again, the officers on the scene use the threat of handcuffs to suppress dissent. They literally threaten to jail a mother whose only crime is to demand an explanation. No statement of probable cause, no articulation of reasonable suspicion. Only the allegation he had not stopped for two miles, for an unmarked vehicle with tinted windows. But it gets worse, much worse. See for yourself.

    Jennifer Kretschman:

    They have no right to be in my car.

    Speaker 5:

    Don’t talk to me, I’ll talk to you. What you need?

    Jennifer Kretschman:

    Who are you?

    Speaker 5:

    I’m the supervisor right now. Who are you?

    Jennifer Kretschman:

    Okay, what’s your name and badge number?

    Speaker 5:

    I’m Johnson-272. So your car is going to get towed today.

    Jennifer Kretschman:

    I’m sorry, say that again.

    Speaker 5:

    Your car’s going to get towed today.

    Jennifer Kretschman:

    Why?

    Speaker 5:

    And your daughter and your husband are going to jail. What else do you want know?

    Jennifer Kretschman:

    My daughter is 17.

    Speaker 5:

    I don’t care.

    Jennifer Kretschman:

    You don’t have a right to take her to jail.

    Speaker 5:

    She resisted arrest and she’s going to go to jail for arrest.

    Jennifer Kretschman:

    You can’t-

    Speaker 5:

    I absolutely can. I absolutely can.

    Jennifer Kretschman:

    No. Why would would you arrest her?

    Speaker 5:

    Why would I not? She resisted arrest.

    Jennifer Kretschman:

    She’s 17. You must have a reason to arrest her, a lawful reason to arrest her.

    Speaker 5:

    Do you understand your husband and your daughter just ran from police for the last seven miles.

    Jennifer Kretschman:

    They did not.

    Speaker 5:

    They didn’t?

    Jennifer Kretschman:

    Run?

    Speaker 5:

    So the camera wouldn’t lie?

    Jennifer Kretschman:

    What do you mean run? I just watched you pull my child-

    Speaker 5:

    We haven’t… Lighted them up, conducting a traffic stop for the last seven miles. They did not pull over.

    Jennifer Kretschman:

    What? For seven miles? Why did he say two? So get your story straight.

    Speaker 5:

    Talk to me, I’m the one that pulled her over.

    Taya Graham:

    Now I want to stop the video right here. Besides the fact that the story has completely changed, her fiance has driven seven miles instead of two as the officer previously stated, the sheriff refuses to answer a fundamental question. What is his probable cause for searching the car in the first place? While it’s true, due to a Supreme Court ruling officers can search cars without warrants if it is on a public street. They cannot do so without probable cause. Just listen again as the officer is asked this question and see if he answers it.

    Jennifer Kretschman:

    Why did he say two?

    Speaker 5:

    I don’t know.

    Jennifer Kretschman:

    So get your story straight.

    Speaker 5:

    Talk to me. I’m the one that pulled her over, so talk to me.

    Jennifer Kretschman:

    No, you weren’t. I watched this dude with the beard, pull her out of the car.

    Speaker 5:

    Which is in my vehicle. So get your facts straight if you’re going to talk about it.

    Jennifer Kretschman:

    I watched the dude with the beard, okay.

    Speaker 5:

    Perfect, he’s with me.

    Jennifer Kretschman:

    That’s the facts and that’s what I saw.

    Speaker 5:

    Okay. So your daughter is going to go to jail.

    Jennifer Kretschman:

    My daughter’s 17. Do not touch her.

    Speaker 5:

    17 year olds can go to jail.

    Jennifer Kretschman:

    For what?

    Speaker 5:

    For resisting.

    Jennifer Kretschman:

    Resisting what? You had no reason to grab her out of the car.

    Speaker 5:

    Okay.

    Jennifer Kretschman:

    I know my rights and I know her rights.

    Speaker 5:

    We’ll discuss… okay-

    Jennifer Kretschman:

    We can discuss whatever you want, but you’re wrong or you know it.

    Speaker 5:

    No I’m not.

    Jennifer Kretschman:

    Yes you are and you know it.

    Speaker 5:

    So again, again. Again, thank you. Thank you.

    Jennifer Kretschman:

    Because this is a complaint against you for touching… who is driving my car?

    Speaker 5:

    Your husband.

    Jennifer Kretschman:

    What is happening right now?

    Speaker 5:

    That’s getting towed, that’s leaving.

    Jennifer Kretschman:

    My car is? Why?

    Speaker 5:

    Well, if you want to tell me how the law goes, you should already know why.

    Jennifer Kretschman:

    I don’t have any understanding. I only know my daughter says there’s a bunch of cops-

    Speaker 5:

    You want to come over here and address us in regards to what we’re doing.

    Jennifer Kretschman:

    Yeah, because I watched you rip my daughter out of the car.

    Speaker 5:

    You watched me?

    Jennifer Kretschman:

    I watched the gentleman with the beard, and you know what I’m talking about.

    Speaker 5:

    Okay, okay.

    Jennifer Kretschman:

    But you talking to me this way. You’re here to protect and serve. I’m here working. I get a phone call from my daughter.

    Speaker 5:

    You should have a good conversation with your husband then.

    Jennifer Kretschman:

    Okay, I can have a conversation-

    Speaker 5:

    Driving the way that he’s driving with your daughter in the car, if that’s what you’re concerned about.

    Jennifer Kretschman:

    What is the driving like? I don’t even know.

    Speaker 5:

    We have literally been trying to pull him over for the last seven miles. He is not pulling over. It’s called a pursuit. He’s running from officers.

    Jennifer Kretschman:

    What happened with my daughter though?

    Speaker 5:

    She resisted getting out of the vehicle. Did you see guns pointed at your vehicle? Did you see guns pointed at your vehicle?

    Jennifer Kretschman:

    I couldn’t. I was too far away.

    Speaker 5:

    Okay, so you didn’t see the whole thing going down, correct?

    Jennifer Kretschman:

    No, but my child’s out here.

    Speaker 5:

    So are you showing up late the game? Can we make that clear?

    Jennifer Kretschman:

    I want you to stop talking to me like I’m an idiot, because I’m not.

    Speaker 5:

    Okay, I’m done here.

    Taya Graham:

    So that’s not really an answer, is it? What does that mean? What law does that invoke? What exactly does that have to do with meeting the legal threshold to seize and search of vehicle? I am genuinely confused. But now with legal sufficiency cast aside, what do the officers do next? They search the car. No, search is too mild a word, they ransack it. Observe.

    Speaker 7:

    A bunch of lock boxes. There’s one in the back too.

    Speaker 3:

    Narcan. She might have dope on her. You might’ve had her stuff the dope somewhere.

    Taya Graham:

    She might have dope on her. So I think that’s a revealing comment. That’s because the police at this moment know they did not have a legal reason to drag two people from a motor vehicle and put them in handcuffs. It appears they’re looking for a post-hoc justification because it’s revealing what has not been articulated at this point. They didn’t accuse him of speeding, they didn’t claim he was driving erratically, they did not cite expired tags or some other technical violation. Because of their silence, I think it’s safe to infer they saw someone they didn’t like the looks of, and without evidence, arrested them. And as you will see, they turn to a playbook that police used for decades to incriminate otherwise innocent people when they screw up; the war on drugs. See for yourself.

    Speaker 3:

    I’ll get under that dash on that side real good because you could see that she was moving around, making those furtive movements under here.

    Speaker 7:

    Oh, a hundred percent.

    Speaker 8:

    You guys want me to… [inaudible 00:10:58] back to my car.

    Taya Graham:

    So I just want to stop here for a second. Not to make some caustic comment, but just to read something to remind all of us why this matters. A founding principle, so to speak, that is often ignored or forgotten. The text of the Fourth Amendment of the Constitution, which most definitely applies here. Call it a notification from the constitutional rights emergency broadcast system, if you wonder why I’m doing this. All right, here it goes. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. Now, watch the rest of the search and decide if these officers have ever read this.

    Speaker 9:

    Are they rulers?

    Speaker 7:

    Probably not.

    Speaker 3:

    Can we pop the trunk? Is there a female coming so we can search here?

    Speaker 5:

    Do you get bus?

    Speaker 7:

    I got a bunch of burnt foil and then white powder falling out.

    Speaker 3:

    Where?

    Speaker 7:

    Right here.

    Speaker 3:

    Under the dash? Yeah.

    Speaker 7:

    No, it came out of this. So all that just fell out of here.

    Speaker 3:

    That was what was shoved between the seat. Yeah, it’s in that envelope.

    Speaker 7:

    All the dopes in the envelope?

    Speaker 3:

    Yeah.

    Speaker 5:

    What is it?

    Speaker 3:

    Looks like Fetty.

    Speaker 5:

    Is it.

    Speaker 3:

    Or Coke?

    Speaker 7:

    Probably.

    Speaker 5:

    All right, so both of you real quick [inaudible 00:12:46].

    Speaker 9:

    All right. She didn’t have nothing on her, I just searched her.

    Speaker 3:

    Huh?

    Speaker 9:

    I just searched her, she got nothing on her.

    Speaker 3:

    Okay. He was trying to hide this then.

    Speaker 9:

    All right, you want me to close [inaudible 00:12:55]?

    Speaker 5:

    Into the back.

    Speaker 3:

    Oh yeah. It’s wrapped up in one of these pieces of paper.

    Taya Graham:

    Mm. So it looks like Fenty or Coke. Interestingly, the officer who has just discovered drugs does not actually show to the camera what he has supposedly discovered. They don’t even seem concerned about preserving the evidence, something that will make sense later as this story unfolds. They don’t even put on gloves or take precautions to protect themselves from these dangerous drugs. But for now, they continue to pull apart the car amid innuendos that there are drugs. A process that includes a male officer physically searching a seventeen-year-old girl. Take a look.

    Speaker 5:

    All right, so both of you can go back here then.

    Speaker 9:

    All right. She didn’t have nothing on her. I just searched her.

    Speaker 3:

    Huh?

    Speaker 9:

    I just searched her. She got nothing on her.

    Speaker 3:

    Okay. Looks like Xanax.

    Here look under this seat on this side again under though, because he shoved this notebook, was helluva shoved all the way down.

    Speaker 5:

    In there?

    Speaker 3:

    On that side, driver’s side.

    Speaker 5:

    You’ve already found it over here?

    Speaker 3:

    Yeah, I already pulled it out. Looks like it might be Xanax.

    Speaker 7:

    Crushed out Xanax?

    Speaker 3:

    Yeah, if you look, there’s zanie bars in there too. It’s wrapped up in that yellow notepad paper.

    Speaker 7:

    [inaudible 00:14:14].

    Speaker 3:

    Did you see anything there?

    Speaker 5:

    Is he on status or anything? Olson?

    Speaker 9:

    They haven’t ID’d him [inaudible 00:14:34] .

    Speaker 5:

    Well what the fuck are they doing?

    Speaker 7:

    You’re getting her ID? She’s not [inaudible 00:14:34].

    Taya Graham:

    I want to freeze this frame right here and look at the documents the police had seized. A voter registration form. Now what makes this worth noting is something we have argued on the show over and over and over. Bad policing is meant to discourage civic participation. Corrupt cops erode our political efficacy. And as you will hear later, that’s exactly what happens. But even with intrusive searches yielding nothing, police continue, seemingly fixated on punishing the family. Just watch.

    Speaker 7:

    Somebody moved it on top of this seat. So where did this notepad come from originally?

    Speaker 3:

    Stuffed in the side.

    Speaker 5:

    Driver’s side.

    Speaker 3:

    Driver’s side. It was stuffed in between the seat and this center island.

    Run these two names. Jacob Palkovic.

    Speaker 9:

    That’s the driver.

    Speaker 7:

    DJ?

    Speaker 5:

    What?

    Speaker 7:

    He’s got mail in his name inside of here.

    Speaker 5:

    Okay.

    Speaker 7:

    Put it on my camera.

    Speaker 3:

    And foil.

    Speaker 7:

    And burnt foils.

    Speaker 3:

    Did you open that up, were they zanie bars?

    Speaker 7:

    They looked like zanie bars. I opened it up maybe more than you did now.

    Taya Graham:

    Well, I’m so glad the officers found this whole thing funny. Truly. I’m glad that terrorizing two innocent people and then tearing apart their personal possessions is humorous to them. I think we can clearly see how police regard us, the public. How little they take into account their harmful actions can literally turn our lives upside down. But one thing they are aware of is the body camera. And now amid a fruitless search, the supervisor asks an interesting question. Are you still on? And after he asks it, the officer turns off his camera. Just watch one more time.

    Speaker 3:

    I’m on.

    Speaker 5:

    [inaudible 00:16:18]

    Speaker 3:

    I’m finished searching.

    Taya Graham:

    Now the supervising officer says something we can’t hear and the officer turns off his camera. I wonder why. But there is much more to this story than what you just witnessed on the body camera. And that’s because after all the invasive searching and aggressive tactics, I think you’ll be surprised, or perhaps even shocked, at how police charged this case. And for more on that, we will be joined by Jacob’s fiance and the mother of the teenager swept up in this arrest, Jennifer Kretschman. But first I’m joined by my reporting partner, Stephen Janis, who’s been looking into the case and reaching out to the sheriff’s office and researching the law. Stephen, thank you so much for joining me.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    So first, what were the charges and what is the sheriff’s department saying about the case?

    Stephen Janis:

    Well Taya, the charges are really questionable in this case. They charged him with evading, simply not stopping for a police vehicle, which as you can see in the actual video, there’s a lot of questions about that, which I’ll get to later. But in terms of the sheriff’s comments, we sent them an email, they have not responded yet. But really I think on this scene, the sheriffs made clear what their comment was about this arrest, which is contempt for the public. It was pretty clear they didn’t want to answer questions… Actually scratch that, they were just basically defiant, saying we don’t have to explain what we’re doing to the people on the scene. So there’s your comment. If I get anything more, I’ll mention it in the chat.

    Taya Graham:

    Now that seems like something that would be a secondary offense, right? Doesn’t there need to be an underlying crime to justify that?

    Stephen Janis:

    You know Taya, it’s really interesting because basically evading is a crime of intent. So what are the components of intent? The components are that you’re being pulled over by marked police car with officers in police uniforms. And if they’re not, one of the defenses is you can say, “Hey, I didn’t know it was a cop car.” And I think in this case, with the evidence that we’ve seen on video, I think that defense could hold up. In fact, I think it’s preposterous that they charged them with evading, when they clearly weren’t dressed like police officers. They were just randomly touting guns, jumping out at people. In this era when we have a lot of road rage and crazy stuff happening, how can you blame someone for being scared and not wanting to pull over? So really I think intent is a big question here, and I don’t think these charges will hold up anywhere.

    Taya Graham:

    Stephen, we’ve reported extensively about the destructiveness of specialized units and militarized policing. What is your take on this in the context of aggressive policing and its impact on communities across the country?

    Stephen Janis:

    Well Taya, let me quote the famous Frank Serpico who uncovered police corruption in New York City police department in the 1970s, said, “There’s no such thing as a crooked cop, just crooks and cops.” Well, I will say this about specialized units, people in jeans and T-shirts running around randomly pulling people over, pointing guns, are not law enforcement. They’re not enforcing law, they are lawless. And this is the problem with specialized units. They inherently, aesthetically, are lawless and they do things that endanger people. They don’t help us with public safety, and I’ve covered so many of them, I can’t even count. It is a bad way to police, it is destructive for the community and it needs to end.

    Taya Graham:

    And now to learn how she has been fighting back against police overreach and how it’s impacted her family, and what she plans to do to hold police accountable, I’m joined by Jennifer Kretschman. Jennifer, thank you so much for joining me.

    Jennifer Kretschman:

    Thank you for having me.

    Taya Graham:

    So let’s just start at the very beginning so we can help people understand what happened here. You were at work and you received a frantic phone call from your daughter. What did she say?

    Jennifer Kretschman:

    I’m sitting at work. I get the phone call and I’m like, “Where are you guys?” Ready to just tell them… because they’ve probably stopped and done something. And she’s like, “Mom, mom, we’re being chased,” or followed, I don’t remember the exact verbiage. But I’m like, “Slow down, tell me what’s going on.” I can’t really understand her because it’s like muffled, like arguing or something. I learned it wasn’t arguing, it was just like, “What’s going on? Turn around.” And I could hear him telling her to look and see, “Look at them, tell me are those cops? What’s going on?” She’s like, “Mom, I think that we’re being pulled over.” I’m like, “What do you mean you think?” I wasn’t understanding. “What do you mean you think, is there a car behind you? Is it a cop car? Does it have lights on it?” And well, she’s like, “I can see lights in the window, but I don’t think it’s a cop car.” And I’m like, “Well, you have to be able to see the sides of the car.” And she was like, “Jacob, go to the side.”

    And she’s trying to tell him to get over a lane and he wouldn’t get over a lane. He was just at that point was just focused on going straight, figuring out what’s going on and trying to get to my work. And I said, “Where are you?” And she’s looking around for identifying landmarks and she said, “We’re almost to your work.” “I’m going to head towards parking lot right now, and you guys just pull into my work.” And I’m thinking that either if it’s a cop, they’ll just slowly pull into the parking lot behind my work and that’s the biggest thing I’m going to have to deal with. If it’s someone trying to carjack them, when they turn into a busy parking lot they’re probably just going to speed ahead.

    And then as I’m approaching, and I’ve lost track of where CJ went, which is my daughter, and I can see a scuffle on the other side. And I see other vehicles, actual police vehicles coming onto the scene now. So I’m really confused because what went from, “We might be getting pulled over,” it went to this huge police scene in a matter of less than a minute. And so when I get there, I was not the calmest, I will say that. I see men in my car digging through stuff. I see a guy with her pink backpack in his hand and he’s going through it. He has a baseball cap on. I’m assuming he’s some type of undercover person at this point because there’s multiple police cars. And I said something probably not very appropriate, but get your hands off my daughter with some foul language in there. And then he threatened to arrest me, pushed me backwards, and I’m like, “Okay, I just need to get to my daughter.”

    Taya Graham:

    Something I think that’s really important to explain is how your family perceived the car following them. The police described their driving to a safe place, the parking lot of your workplace as evasion. So I would assume your husband was driving the speed limit and obeying traffic rules as he drove roughly one and a half or two miles to your workplace. Tell me, how did your family perceive the men in the car?

    Jennifer Kretschman:

    From what I understand, Jacob started noticing this black SUV with guys in baseball caps. I want to say some had them forward and some had them backward and he swears he could see the barrel of a gun. And so then she’s like, “I’m calling mom.” And so these men, there’s no badges, no uniforms, they have on baseball hats, sunglasses, what they learned later were bulletproof vests. In the police report it says, it says Sac Sheriff in big yellow lettering on the front and back. That was not true. You could see a Sac Sheriff in black lettering kind of from behind, and I have multiple videos of that as well. When they got out of the car and I could see them, they were wearing jeans and Converse tennis shoes. One guy had on khaki cargo pants… nothing would’ve told me they were law enforcement.

    Taya Graham:

    Why did your fiance respond this way to the men in the car? I could understand him thinking maybe it was a road rage incident or even a carjacking.

    Jennifer Kretschman:

    So Jacob is from South Phoenix. He has had a history. He has had many experiences with law enforcement. He has tattoos on his neck and on his arms and on his body, so he knows what it’s like to be profiled. So he knows law enforcement side, he knows if it’s gang members, he knows that in no scenario is this a good scenario when you have a group of men that don’t look like law enforcement asking you to pull over, because they’re nudging and he can see them all doing like this, or something like that. And so that’s why CJ was so scared and confused because she’s like, “If it’s law enforcement and you don’t pull over, this is bad. If it’s a gang and you don’t pull over, we’re going to get shot.” The first man said they were in a high-speed chase pursuit for two or more miles, which that’s not even possible, but I was like, “Okay.” And then Johnson, the driver of the vehicle, said they had been chasing him for seven miles. When the police report actually came out, it said one mile, 1.1 miles or something like that. According to CJ and Jacob, it was about a mile.

    Taya Graham:

    So your family wasn’t actually accused of any traffic violations, right? What traffic violation did your fiance commit to get pulled over? What was the crime that led to these charges of resisting arrest?

    Jennifer Kretschman:

    Taya, that is such a wonderful question. One that I asked many times throughout the entire incident that was never answered. In fact, when it was answered, it was they resisted arrest. “No, no, no. I want to know why they were being pulled over.” “Because he wouldn’t pull over.” “No, no, no. Why was he being…” Not one time… hold on, let me clarify. At one point in time he goes, “Well, he doesn’t even have a driver’s license.” And I said, “He has two. He has one in Arizona and one in California. I know when we went from one state to the other that he got… I remember I was there. So, no.” And that was the end of it as far as them attempting to tell me a reason for the traffic stop initially. I got nothing else.

    Taya Graham:

    There are so many things that I found problematic with the arrest and the treatment of your family, but the way you were treated was, let’s say less than courteous. How did the officers respond to your questions and your concern about your daughter who was a minor, and would you say the officers were being professional?

    Jennifer Kretschman:

    Well, there was a lack of professionalism, but they responded as though I was the criminal. They responded as though my daughter and my fiancee were criminals, and… well, they told me they were. They told me they were, I would say 10 plus times, they’re going to jail. Your daughter, your husband, they’re going to jail. And every time I said why I got no response. I was told to stand back, stand in the shade, stand under the tree, get out. I was told I was interfering with the investigation. But literally when Detective Johnson came up, and he was the supervisor on scene, I said, “What is your name and badge number?” And then told me I didn’t know the law, I’m coming late on the scene, I didn’t have my facts straight, and then proceeded to tell me that they drove seven miles in pursuit. They just treated me horribly. I would never want them to treat anyone this way. They searched my car illegally and then they towed it, towed my car. It was just like the icing on the cake. They had gone through this whole scenario and in the very end were like, “And we’re going to cost you a thousand dollars just because we effed up.” And I think it was just to make it look like they did something legitimate.

    Taya Graham:

    I assume your car was being searched without your consent. And when you reviewed the body camera footage, were you surprised by the things that the police said? For example, they said they found Xanax bars in a piece of paper and tin foil that was burned and white powder residue, and yet none of this evidence was ever shown on camera. And you and your family were not charged with drug possession. Surely if there were drugs in that car, they would’ve charged you as the owner.

    Jennifer Kretschman:

    No, there were no drugs in our car. There were no tin foils in our car. We had lock boxes in our car. And this is… I should have mentioned this when you asked about the treatment of us. We do Turo, I don’t know if you’re familiar with that, it is like Airbnb for cars. And so basically it’s people can come and rent your car, and they pay you just like Airbnb if they came and rented your house. And so we have two or three cars that we have done this for just as a little side income. And so they have a lock box when people come to come rent your car, they get the key out of it and drive away.

    Well, they came over and when he’s telling me all of this about the drug paraphernalia, I’m like, “What? What?” And then he asked about the lock boxes and I think he thinks that that’s some sort of drug hiding place, or I don’t know what he thought it was. But I’m like, “No, we Turo our cars.” And so then when I watched… they had a piece of body cam footage where they’re talking about us and I could hear it in the background. He goes, “Do you think they’re realtors?” “No.” And they’re laughing about us. We’re not good enough to be realtors or something.

    Taya Graham:

    So interestingly, I thought I heard an officer say to you, “If you keep asking questions, you can go to jail too.” Did I hear that right? What did he actually say to you?

    Jennifer Kretschman:

    You did hear that correctly. That was, I believe, Masterson. Yes, you heard that correctly. And the way I gauged it, he really looked up to this Gang Suppression Unit, like they were the cool guys. And so he was repeating all the stuff they were saying to him. And it was so maddening and I was nowhere near… well, there was no scene. Anyways. And that’s the thing, you had asked earlier too, when I saw them searching my car, I literally said to them, I’m like, “Stop searching my car. Get out of my car. I do not give you permission to search my car.” And that’s when they told me there were multiple reasons that they could be searching my car right now.

    Taya Graham:

    I heard the police officer say something interesting. He said, when you were concerned about the way your daughter was yanked out of the car, he said, “I wouldn’t be mad at the police, I would be mad at your daughter.” And they also made fun of your daughter saying that she was a minor. How did their discussion of your daughter and their treatment of her make you feel?

    Jennifer Kretschman:

    To be honest, I had never even heard what you just said. I didn’t hear them making fun of her like that. I saw it and I saw them not caring about me getting to her, and evidently she was asking to see me the whole time too. She could hear me asking for her and she was crying and they wouldn’t take her to me. And so I literally told them about her trauma too from when she was a child, and how I needed… I just wanted to be with her even if it meant I had to stand outside of the car. Because in the beginning I didn’t know, I knew she didn’t do anything wrong but I didn’t know. And for them to make fun of her…

    What’s horrible too is there’s not one snippet of body cam footage with her being arrested… anything that happened to her. And I’m assuming that was intentional because in the court case they said only one of the arresting officers was wearing their body camera, which wasn’t true. They had not one image of her body camera, of an officer arresting her. And I’m worried that they’re going to see that or the public’s going to see that, and think badly of her and have opinions about her, and not consider the fact that she’s still a 17-year-old who’s being manhandled by these large grown men. They called her the B-word, and that’s what she told me, as they were arresting her. And they told her she was going to jail, there was no question about it.

    And then they put her in the back of a police car, drove that police car away from me to the parking lot, and they allowed a male officer by himself, behind a door, to search her, physically search her. And that’s where her abuse is. They kept saying she must’ve stuffed the drugs somewhere. They threw her in the back of a police car and left her there and had some uniformed officer check in on her once or twice. And every time they promised that she was going to be taken to me and she wasn’t brought to me until the very, very end, which was probably close to an hour later. I know she has PTSD and I know that she needs me right then.

    Taya Graham:

    I’m so sorry. It is so terrible to hear about your child being spoken about like that. How long was this whole process and were any of your family taken to jail and what were the charges?

    Jennifer Kretschman:

    So from the time I got the phone call, which was about 16:40-ish, until the very end of the incident when my whole family was returned to me, was how I see it, was about an hour. No one was taken to jail. An ambulance came for Jacob because he couldn’t breathe. He was in the midst of a panic attack and he had injuries from when he was 18. They searched him again. They walked to the back of the… I think he was going from the police car to the EMTs and they searched him again, searched very well, because they were so insistent that they had to have something. Of course, I have nothing.

    And then when they walked over, at the very end Jacob comes walking to me, he’s a mess. CJ is just frazzled and just like, “I want to go home. I want to go home.” They say, “You can’t take your car. Your car is being towed.” And then of course I said, “Why?” But then I just stopped because I was so grateful that I had my family with me, I didn’t care what they did with my car at that point in time. And I didn’t want to say anything that would jeopardize anyone going to jail. And he was charged with evading a police officer, failing to yield to a police officer and resisting arrest.

    Taya Graham:

    So how did you handle the charges?

    Jennifer Kretschman:

    He went to court in December. They wanted to see what he wanted to do and he said I wanted to fight it, and he would not agree to a guilty plea. And so we met with the public defender who said absolutely, and tried to get the body cam that she couldn’t get it the first round, they wouldn’t release it to her. The second round they only sent over some of the uniformed officers. And so evidently at some point in time she was able to get some other body cam. And on the day of his court case, she called and said that the district attorney had watched the video footage and said that the cop’s behavior was insane and that the charges were all dropped.

    Taya Graham:

    How much has this cost your family financially or emotionally? What has the personal cost been? I know this has been traumatic for your daughter.

    Jennifer Kretschman:

    There’s all sorts of costs to this. One, it’s emotional and psychological. And I don’t even know if that’s the right word for it, but at work I feel like everyone looks at me differently, treats me differently. No one even confronts me about it. And I didn’t even take it back to my office and show anyone until the charges were dropped, because I was so afraid that they wouldn’t believe me because they probably wouldn’t. Law enforcement’s never wrong. So it’s cost me… For me personally, there’s no amount of money that I could say because that’s my reputation and my livelihood and it’s my work.

    It’s cost my daughter her graduation with her peers, her friends. She honestly just totally withdrew the whole first semester. And she wouldn’t blame it on this because kids I don’t think can correlate the dates, see how things happened, but it was so obviously that anyway. So the whole last five months of her life have been in disarray.

    The tow and the actual costs were about probably $1,200 in the end when the four or five days without the car. So in October I was like, “I don’t know why I am feeling so stressed and I can’t seem to focus at work and all of this stuff.” And so then I started seeing a therapist, CJ went back into therapy and Jacob started seeing a chiropractor and all of that. There’s all of those things too.

    Taya Graham:

    When we were talking earlier, your request from the police was just so small. You just said it would be fair for your family to be reimbursed for the money you lost due to your car being impounded, but honestly, I think you deserve an apology from the department. What would you want to say to the officers if you knew they were listening to you right now and what would you want from the department?

    Jennifer Kretschman:

    I would want to tell them that when they went into law enforcement, their goal was to truly protect their community and serve their community, then they were not meeting their goals. I would want them to think about if it were their mother or their daughter or their sister or their brother, that was just coming home from school, drinking a mango smoothie and to be attacked and harassed by a group of men. My daughter had a gun pointed at her head and so did my fiance. It’s like they had real life guns that could kill them pointed at their heads. I don’t know the fear that that brings because that hasn’t happened to me, but I can imagine that they will never feel safe again, especially because these are the people that are supposed to be protecting you. So it would’ve been better if they weren’t law enforcement and they were a gang because at least we would be able to feel safe in our community afterwards.

    Taya Graham:

    We noticed that the police picked up a voter ID card in the body camera footage. And what is such a coincidence to me is that when people are arrested or harassed by police, they lose their political efficacy and they feel like they don’t have any impact on government and their voice doesn’t matter, and so they stop participating. And it’s actually something I wanted to discuss.

    Jennifer Kretschman:

    This is the first time I haven’t voted. What does it matter anyways? That’s literally how I feel now. I used to be so one-sided and now I just don’t even care. And I’m not to say anything against all the work that you guys do, I know that… And that’s why I’m putting this out there. It doesn’t matter what anyone thinks of me or my family, things have to change. They just treated us like we were trash. And I don’t know, like we were criminals, but I don’t even think criminals should be treated that way. We’re just all human beings trying to get by in this world, but these are not the people I want protecting my community. That’s all I can say.

    Taya Graham:

    Now, I have so many thoughts on the actions of police that we just dissected for you, I barely know where to start. It is so hard to really put into words how troubling it is to witness police perpetuate this injustice against two innocent people. But since it’s part of my job and the promise we make at the beginning of the show to do so, I’m going to try.

    So the first point I want to make is fairly straightforward. There is no explanation or excuse for what we just watched on the body worn camera. There is no justification that law enforcement can conjure to burst out of a car with guns drawn in plain clothes to terrify this family. So let’s just dispense with any pretext or police propaganda for the moment.

    What I really want to parse here has nothing to do with weighing the police explanation versus the extensive interviews and reporting on this story. Instead, I want to talk about the idea of cruelty. Now, I know that sounds odd. What does the concept of cruelty have to do with a flawed, if not illegal, traffic stop? I mean Taya, this isn’t a philosophy class. Well, let me explain. When I watched these videos and spoke to the family, I was struck by how casually these officers deflected the concerns about their lawlessness, their disregard for how disruptive their actions were for the people on the receiving end was just stunning. But what hits me even harder is the outright contempt the cops had for the people in that car, that even after they had screwed up, they continued to double down and became, for lack of a better word, meaner. Simply put, they became cruel.

    It was a glimpse into a reality we all know about. But it was so stark and transparent that it left me with another alarming concern. That this example of overly aggressive policing, so easily dismissed by the people who execute it, is as much a threat to our way of life as the crime it purports to stop. Just consider the words of Jennifer, our guest, when she said, “We’re all human beings trying to get by in this world.” It’s an important sentiment echoed by the 19th century German philosopher, Friedrich Nietzsche, who wrote a book called Human, All Too Human. It’s a collection of aphorisms that touches on all aspects of simply being human. And in it is a quote that I think is applicable to the ordeal we have reported on today. Nietzsche wrote, “The mother of excess is not joy, but joylessness.”

    And that’s what we witnessed on the body worn camera, the excessive use of police power and the joylessness that ensues from it. The trauma, the economic harm, the psychological duress are all the result of excess law enforcement. The fear, the terror, the civic paralysis rooted in the act of police overreach. It’s a collection of social ills, so disturbing, that I think the question actually is, do we really understand how this aggressive form of law enforcement affects us in ways both less obvious and sometimes completely unacknowledged? Because while I don’t truly know how effective or even useful this style of policing is, I do know it is clearly and unequivocally dehumanizing. It is, put simply, not an instrument of justice or process of public safety, but a strategy to turn citizens of a democracy into supplicants of a police-driven autocracy. That’s right, because any civil society where police can do that to innocent people is simply not as free or as fair as advertised.

    Now, don’t get me wrong, we live in a democracy. Our voices matter. Our rights matter. What we do matters. But democracy is fragile and it can easily be eroded by bad actors who don’t respect its principles or believe in its importance. Therefore, all I can conclude from what I’ve watched, is that these officers could care less about it. They seem to me completely devoid of respect for the law, comprehension of the constitution, and more importantly, why it all matters. And even more troubling is that they are the agents of excess that drain our lives of the joys of freedom. They simply seem disconnected from the truisms and the beliefs that tie us all together, our humanity. They seem to believe that the law is predicated upon vengeance, violence and cruelty, not the idea that we are all presumed innocent. It’s a tool to harass, terrorize or otherwise menace people that you don’t like, instead of a shared set of rules that govern all our lives. Not negotiable boundaries that can be crossed just because you have a gun and a badge. That’s not how this social contract is supposed to work.

    I know this is strong language, but watching those cops is like seeing a collection of fascists within our midst. Not law enforcement officers, but rather inequality warriors who only want to divide us, cage us, enrage us and conquer us. And as our guest told us, she was so shocked and demoralized by the behavior, she didn’t even vote. Now, how’s that for backing the blue?

    But at the same time, we should also take another lesson from this disheartening example of police abuse. We must remember that we have the tools to fight back against this roving oppression. We, the people, can counter the cops who think by illegally putting us in handcuffs, they have defeated us. Well, let me be clear. They have not, they cannot, they will not. And how do I know? Because I am here telling you this story. Because even if these officers feel they can freely violate the Fourth Amendment, there is still a First Amendment that stands in defiance of them. And it lives here on this show and on this channel, and it lives in Stephen and it lives in me, and it’s in our hearts and our minds that we are determined to use it to inform you. We can ensure that the actions of these officers are not kept secret from the public. We can produce this show, highlight the evidence, expose the wrongdoing, and otherwise inform the people who matter; you, our viewers, our community, the people who believe our rights matter.

    I know all of this might seem underwhelming when pushing back against men with guns and badges and a decidedly bad attitude. Maybe that the power of the pen might seem somewhat insignificant against the cowardly bravado of four plainclothes cops in a tinted SUV, but don’t underestimate that power. As one of the people who wrote the Constitution intended to preserve our rights noted, the pen is indeed mightier, and let’s show the powers that be how that works.

    I want to thank Jennifer for coming forward and bravely sharing her experience with us. Thank you, Jennifer. I wish you, Jacob and CJ the very best in receiving the apology your family deserves. And of course, I have to thank intrepid reporter, Stephen Janis, for his writing, research and editing on this piece. Thank you Stephen. And I want to thank mods of the show, Noli D and Lacey R for their support. Thank you Noli D. And a very special thank you to our Accountability Reports Patreons, we appreciate you and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon associate producers, Johnny R, David K, Louis P, Lucida Garcia, and our super fans, Shane B, Kenneth, K, Pineapple Girl, Matter of Rights and Chris R.

    And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or @eyesonpolice on Twitter. And of course, you can always message me directly at tayasbaltimore on Twitter or Facebook. And please like and comment, I do read your comments and appreciate them. And we do have our Patreon link pinned in the comments below for accountabilityreports. So if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything you can spare is truly appreciated.

    My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.

    This post was originally published on The Real News Network.

  • Jose Palomares, an off-duty cop, was moonlighting as a security guard at a homeless services center in Fort Worth when a dispute arose over $20. Officer Palomares chose to intervene—immediately accusing the man who believed he’d had $20 stolen from him of being a drug dealer. After calling in the drug dogs and conducting an illegal search, Palomares failed to find sufficient drugs to justify his accusation. Instead of letting the man go, Palomares then decided to pressure his arrestee into becoming an informant. Police Accountability Report discusses the shocking footage and what it tells us about the ways police wield their power against the poor.

    Production: Taya Graham, Stephen Janis
    Post-Production: Stephen Janis, Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible. And today we’ll achieve that goal by showing you, not telling you, why police need to be watched, because the shocking video you are seeing now reveals how police abuse their power to harass the poor, and when confronted about their overreach, turn to arrest to shut down dissent.

    It even depicts how police can turn the power of law enforcement to recruit the downtrodden into a weapon against others. All of this we will break down for you of this harrowing encounter caught on body worn camera, but before we get started, I want you to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com, or reach out to me directly on Facebook or Twitter @tayasbaltimore, and we might be able to investigate for you, and please like share and comment on our videos.

    It helps us get the word out and it can even help our guests, and of course you know I read your comments and appreciate them. You see those little hearts I give out down there, and I’ve even started doing a comment of the week to show you how much I appreciate your thoughts and to show what a great community we have. And of course, we have a Patreon Accountability Report. So if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything you can spare is truly appreciated. All right, I’ve gotten that out of the way. Now, quite often when we receive body camera footage from a viewer, it depicts a dynamic that is overlooked by both the mainstream media and even some body camera channels that simply post it without comments.

    And that is the pernicious power imbalance between cops and the rest of us, an expansive sense of their influence over our lives that cops often display in seemingly routine encounters that is not fully understood and requires more examination. And no arrest embodies this idea more than the body camera footage I’m showing you right now. It depicts a cop hired by a community center detaining a man after a dispute over $20, but it also shows how police can quash dissent through an illegal arrest, coerce the impoverished to become a carceral tool, and deploy unlimited resources against the powerless to further the reach of the law enforcement industrial complex with often destructive consequences.

    This story starts in Fort Worth, Texas in June of 2022. There, an off-duty Fort Worth cop named Jose Palomares was moonlighting for a Texas mission, a provider of services for homeless people when a dispute erupted over $20. That’s right, 20 bucks. The officer who cited drug use at the facility for his subsequent actions decided to turn the conflict into an opportunity, detaining the man accused of wanting his money back and trying to force him to consent to a search. Let’s watch.

    Officer Palomares:

    So, basically I’ve just been informed that you’re the local drug dealer up here in Dillon Doe.

    Speaker 3:

    No, I’m not.

    Officer Palomares:

    So, it doesn’t matter what you tell me. I’m going to do my job, okay?

    Speaker 3:

    Am I being arrested?

    Officer Palomares:

    No, not right now.

    Speaker 3:

    I haven’t done anything.

    Officer Palomares:

    So now, do you have any drugs on you?

    Speaker 3:

    No.

    Officer Palomares:

    Okay.

    Speaker 3:

    I just come down here to get my mail at the [inaudible 00:03:18].

    Officer Palomares:

    So again-

    Speaker 3:

    [inaudible 00:03:20].

    Officer Palomares:

    I don’t think you’re listening to me. You can tell me you ain’t got nothing all day long, but now I’ve already had… And I already know that you’re the guy for selling drugs and methamphetamines and we don’t tolerate that.

    Speaker 3:

    I am not. I don’t even do that.

    Officer Palomares:

    So, it doesn’t matter what you tell me, sir. I’m just letting you know what I know.

    Taya Graham:

    Now, I want you to remember what the cop says at this point for reference later. He states, “I already know you’re selling meth or a drug dealer.” He doesn’t provide evidence or actual proof. He merely makes the declaration to coerce the person he detained into relinquishing his constitutional rights, a push he continues to make without evidence. Take another look.

    Officer Palomares:

    And I’m going to get a drug dog to come up here and check, okay? Just so you know. All right, so I’m going to do my job. I’m going to check.

    Speaker 3:

    I haven’t done anything, sir.

    Officer Palomares:

    Okay. All right, sir. Are you on probation or parole?

    Speaker 3:

    No.

    Officer Palomares:

    Do you have any warrants?

    Speaker 4:

    [inaudible 00:04:13].

    Speaker 3:

    I’m clean. I haven’t done anything, sir.

    Speaker 4:

    [inaudible 00:04:18].

    Speaker 3:

    [inaudible 00:04:19] he stole $20 from me. He’s going to say anything.

    Taya Graham:

    Now, the person in question does not give in. So, the officer ups the stakes, using a casual movement as a pretext for creating what I would best call a narrative of escalation. What that means is because the man is refusing the search, the officer overstates the facts to force compliance. Watch.

    Officer Palomares:

    Robert 336. Have a seat. Sit your butt down.

    Speaker 3:

    I was going to show you here what I got.

    Speaker 5:

    [inaudible 00:04:44].

    Speaker 3:

    I haven’t done anything, sir.

    Officer Palomares:

    I don’t care what you say.

    Speaker 5:

    [inaudible 00:04:48].

    Officer Palomares:

    What are you trying to get up for when I ask you to sit down?

    Speaker 3:

    I was going to show you, because [inaudible 00:04:53]-

    Officer Palomares:

    I don’t trust you, sir. No, you’re not going to stand up and try to fight me and take off running and try to hurt me and hurt yourself. I don’t know you. I don’t know you, sir.

    Speaker 3:

    I’ve never caused any problems [inaudible 00:05:00]-

    Officer Palomares:

    And I’ve asked you to have a seat. Why? For your safety and for my safety.

    Taya Graham:

    Now, one fact worth highlighting at this point of the encounter is the faulty premise of this officer’s fact finding. At this point, the officer can cite no direct evidence that the man was stealing. There’s also no evidence that he committed an assault, just an alleged threat. There are no injuries, no witnesses to an assault, no witnesses have seen the man sell a single gram of meth. But still, listening to the officer, you would think he already had an airtight case, which is why his next move is even more troubling. He threatens the man with a drug-sniffing dog.

    Officer Palomares:

    Well, you’re up for dealing narcotics, that is not going to be tolerated.

    Speaker 3:

    I’m not. I haven’t done [inaudible 00:05:37]-

    Officer Palomares:

    That’s okay, I got a drug dog coming. That’s okay. I’m going to have a drug dog coming. So, I’ve already asked for your permission to let me check. You said no, we’re going to go another route. That’s all there is to it.

    Speaker 3:

    You can search me fine, but the thing is, I don’t understand why. Tell me the reason why.

    Officer Palomares:

    Are you going to tell me why when I just told you why?

    Speaker 3:

    That’s not a reason. I haven’t done anything. That’s going on [inaudible 00:05:58]-

    Officer Palomares:

    I just told you why. So, what part of why-

    Speaker 3:

    What makes you [inaudible 00:06:01]-

    Officer Palomares:

    Okay, you ask me one more time and I’m going to tell you the same thing. Ask me why again. Why? Because somebody says you’re dealing drugs out here, that’s why.

    Taya Graham:

    So, I want to point out something here that does warrant more attention, a fact that will become more disturbing as this video unfolds. Simply put, the amount of time and resources dedicated to an incident that was neither violent, nor a truly brazen crime is stunning. In fact, crime statistics show for example, in just three months in 2024, Fort Worth had over 900 burglaries and 18 homicides, serious crimes that should be the focus of police attention, but that constant jump rate of crime fails to halt the officer’s apparent need to find a way to put this man in jail. Efforts that include, let’s say exaggerating the facts to make his case. Check it out.

    Speaker 5:

    10-4, item 217 is running code. Do you need him to continue code?

    Officer Palomares:

    No, ma’am. You can have him reduce. He sat back down and he was just trying to take off on me and call for help. Dealing drugs is illegal. Do you not understand that?

    Speaker 3:

    I’m not dealing any drugs.

    Officer Palomares:

    So, somebody tells me you’re dealing drugs, I have to come and investigate.

    Speaker 3:

    He wasn’t standing there talking to me [inaudible 00:07:02]-

    Officer Palomares:

    Sir, what are you doing? Sir, what are you doing? You’re not making any sense. You’re not making any sense whatsoever.

    Speaker 3:

    This guy’s here. [inaudible 00:07:10]-

    Officer Palomares:

    It doesn’t matter what you say, sir. It doesn’t matter.

    Speaker 3:

    Why?

    Officer Palomares:

    It doesn’t matter what you say.

    Speaker 3:

    Why?

    Officer Palomares:

    I’m going to do my job.

    Speaker 3:

    I didn’t do anything.

    Officer Palomares:

    You’re just getting aggressive with me, that’s all you’re doing.

    Speaker 3:

    No, I’m not.

    Officer Palomares:

    Yeah, you are.

    Speaker 3:

    I have not gotten aggressive with you [inaudible 00:07:21]-

    Taya Graham:

    Seriously? Did the man who’s been sitting against the wall try to take off? Is the officer so unsure of his case that he had to stretch the facts? But now the second officer decides to join in and escalate the efforts to smear the detainee by accusing him of having, wait for it, having cold beer. Take a look.

    Officer Palomares:

    He’s a local drug dealer over here, apparently. He sells meth.

    Speaker 3:

    I’m not a drug dealer.

    Officer Palomares:

    He’s got meth on him. He don’t want anybody to check his stuff.

    Speaker 3:

    The guy owes $20.

    Officer Palomares:

    So, I want a K-9 to come up here. We’ve been having a problem with meth up here.

    Speaker 3:

    [inaudible 00:07:49] drug dealer.

    Officer Palomares:

    Say again?

    Speaker 6:

    Did you already find something?

    Officer Palomares:

    No, but he’s got it right here… Dude, they’ve already dimed him out inside that he’s out here.

    Speaker 3:

    One guy.

    Officer Palomares:

    Sir, close your mouth. Sir, close your mouth. So, apparently he’s threatened one guy [inaudible 00:08:01]-

    Speaker 6:

    It’s too early for beer, too.

    Officer Palomares:

    So, there was a guy that he just threatened-

    Speaker 6:

    It’s too early for that.

    Speaker 3:

    I just come over here and eat breakfast, that’s all. What did he tell you?

    Officer Palomares:

    Hey, ma’am, this is Robert 336. Do you have a K-9 available that can make my location?

    Speaker 5:

    Can I get a visual [inaudible 00:08:14]?

    Officer Palomares:

    Yes, ma’am, drug dog.

    Speaker 3:

    But there’s no reason to call a dog, that’s crazy.

    Officer Palomares:

    Sir, yes there is. You’re not going to tell me what I’m not going to do, sir.

    Speaker 3:

    I’m not trying to tell you, but I’m just saying [inaudible 00:08:24]-

    Officer Palomares:

    If you take off and get off running-

    Speaker 3:

    It’s not going to be-

    Officer Palomares:

    You’re going to be evading detention. You’re going to be arrested.

    Speaker 3:

    I’m not running.

    Taya Graham:

    Just a note, drug-sniffing dogs are notoriously inaccurate. Statistical analysis puts their accuracy rate somewhere between 40 and 60%, an error that would give pause to anyone subject to it, especially because if the dog makes a mistake, you may have to go to jail and wait for your day in court to prove your innocence. Still, at this point, the officer’s inability to intimidate the man into consenting to a search boiled over. That’s because despite his outwardly calm demeanor, the officer again paints a decidedly false picture, just watch.

    Officer Palomares:

    Okay, I’m having them get ahold of a drug dog. So yeah, he’s putting up a fight. I’m going to get that guy’s information real fast.

    Speaker 6:

    Okay.

    Officer Palomares:

    So if he tries to take off, just hit me on the radio, and I’ll run out here real quick, because he already tried that once already apparently.

    Taya Graham:

    Now, this is a point where things get really interesting. That’s because without the benefit of due process, the officer has the man criminally trespassed, meaning he cannot enter or be near the premises again, a move that seemingly makes the officer angry.

    Speaker 5:

    I’m on my way.

    Officer Palomares:

    So, Dora’s going to come out here and advise you that you can’t come up anymore. So, you’re going to be criminally trespassed.

    Speaker 3:

    What? I didn’t do anything.

    Officer Palomares:

    And you’re still detained, and I got a drug dog coming up here.

    Speaker 3:

    [inaudible 00:09:45].

    Officer Palomares:

    If I were you, the second you try to get up and be slick, and so if I were you, don’t-

    Speaker 3:

    [inaudible 00:09:50].

    Officer Palomares:

    Listen to me very carefully, sir, because ain’t nobody playing games with you.

    Speaker 3:

    Why are you yelling at me?

    Officer Palomares:

    Because you’re interrupting me and talking over me, that’s why I have to get louder with you, because you don’t listen very well. At this point, if you take off, jump up, take off running, and fight, you will have additional charges. Do you understand me sir?

    Speaker 3:

    Yeah, I haven’t [inaudible 00:10:08]-

    Officer Palomares:

    Okay, so if you take off, it will be evading detention.

    Speaker 3:

    I haven’t even tried [inaudible 00:10:11]-

    Officer Palomares:

    I just want to be clear with you. I’m being very clear with you since the time we started talking. I’m not playing any games with you. I’ve been very direct with you and very straight-up with you.

    Speaker 3:

    Why are you yelling?

    Officer Palomares:

    The only one playing games is you.

    Speaker 3:

    I didn’t do anything.

    Officer Palomares:

    And doing illegal activity, sir.

    Speaker 3:

    I didn’t do any illegal activity.

    Officer Palomares:

    It doesn’t matter, sir. I got a drug dog coming up here. We have the right to do that. The police has the right to investigate. That’s what we do.

    Taya Graham:

    Then, something unexpected happens, an incident that perhaps is more revealing than it would seem on the surface. A cop watcher arrives, specifically Manuel Mata. And in this case, not just a cop watcher, but an independent observer, someone who turns the focus around onto the police and puts them under scrutiny for their actions. Mind you, not with a drug dog or threat of arrest, but with a simple cell phone camera. Take a look and notice how police respond when the spotlight turns on them.

    Officer Palomares:

    Sir, we got a guy with drugs here, sir. Sir, you cannot be here in the spot. You can record over there. Sir, you got to record over there.

    Manuel Mata:

    What’s your name and your badge number?

    Officer Palomares:

    Sir, you’re going to be arrested for interfering.

    Manuel Mata:

    What is your name and your badge number? If you touch me, you will lose qualified immunity. I’m on the public sidewalk.

    Officer Palomares:

    Stand on that side over there, sir.

    Manuel Mata:

    No, I don’t have to.

    Officer Palomares:

    So, you’re interfering.

    Manuel Mata:

    No. Call your supervisor. If you’re going to put your hands on me, call your supervisor, because this is the sidewalk.

    Officer Palomares:

    I’ve already asked you to move.

    Manuel Mata:

    Nah, I’m not trying to hear that. You have to understand people’s rights.

    Officer Palomares:

    I’ve already asked you to move, sir.

    Manuel Mata:

    Nah, go ahead, do your thing.

    Officer Palomares:

    I’ve already asked you to move.

    Manuel Mata:

    Call your supervisor.

    Officer Palomares:

    I’ve already asked you to move.

    Manuel Mata:

    Call your supervisor. I don’t listen to unlawful and illegal orders.

    Officer Palomares:

    You’re going to step over here-

    Manuel Mata:

    Call your supervisor. You just threatened me with arrest.

    Officer Palomares:

    Sir, you cannot step over here.

    Manuel Mata:

    No, call your supervisor.

    Officer Palomares:

    Put your hands behind your back.

    Manuel Mata:

    No, don’t touch me.

    Officer Palomares:

    Put your hands behind your back.

    Manuel Mata:

    Don’t touch me.

    Officer Palomares:

    Put your hands behind your back. Put your hands [inaudible 00:11:53]-

    Manuel Mata:

    [inaudible 00:11:53].

    Officer Palomares:

    Put your hands behind back.

    Manuel Mata:

    Go ahead.

    Officer Palomares:

    I got to stop doing what I’m doing, because you’re interfering, you’re going to be handcuffed.

    Manuel Mata:

    I’m First Amendment protected [inaudible 00:12:02]-

    Officer Palomares:

    I understand that, you can record, but if I have to stop to do what I’m doing-

    Manuel Mata:

    Call supervisor.

    Officer Palomares:

    … To take care of you.

    Manuel Mata:

    Call your supervisor.

    Officer Palomares:

    Come over and have a seat.

    Manuel Mata:

    I’m not sitting down nowhere.

    Taya Graham:

    That’s right, the cops respond with an arrest, never mind that Mata was exercising his First Amendment rights by holding the officers accountable for their actions and forget that Mata was documenting their use or possibly abuse of power by trying to coerce a man to give up his constitutional rights. No, Mata’s camera was the real problem. Forget about the ineffective use of law enforcement powers, and boy, do these cops punish him again, falsifying the circumstances in real-time to threaten Mata, just watch.

    Manuel Mata:

    Don’t worry, man. I’m not moving nowhere, man. You’re hurting my fucking hand, dog.

    Officer Palomares:

    Stop pulling away from me, sir.

    Manuel Mata:

    I’m not. I am not pulling away.

    Officer Palomares:

    Stop pulling away from pulling away from me.

    Manuel Mata:

    I’m not, stop lying.

    Officer Palomares:

    Stop escalating-

    Manuel Mata:

    Stop lying, I’m not escalating.

    Officer Palomares:

    Stop escalating.

    Manuel Mata:

    The only one who escalated anything was you.

    Officer Palomares:

    Stop escalating.

    Manuel Mata:

    You escalated everything by putting your hands on me [inaudible 00:13:03]-

    Officer Palomares:

    Stop fighting.

    Manuel Mata:

    I’m not fighting.

    Officer Palomares:

    Stop fighting.

    Manuel Mata:

    I’m not fighting, dude.

    Officer Palomares:

    Stop fighting.

    Manuel Mata:

    Stop being aggressive.

    Officer Palomares:

    Stop fighting.

    Manuel Mata:

    Stop being aggressive. I’m sitting right here on the floor where you illegally threw me on the ground. I’m not violent, I’m not aggressive, that’s you. You’re the one that’s aggressive and violent. You’re the one that doesn’t understand the law. You did it based on your feelings and your camera… Stop doing that with my hands.

    Officer Palomares:

    Stop fighting, sir.

    Manuel Mata:

    I’m not moving.

    Officer Palomares:

    Stop pulling away.

    Manuel Mata:

    Stop hurting my hands. And this officer that failed to render me aid, you’re all wrong. Hey, can you get this motherfucker off me, man? What is he doing? I need you all supervisor right now.

    Officer Palomares:

    I got a narcotics investigation going on.

    Manuel Mata:

    I need your supervisor right now.

    Officer Palomares:

    So, he’s trying to interfere.

    Manuel Mata:

    No, I’m not.

    Officer Palomares:

    [inaudible 00:13:51].

    Manuel Mata:

    It’s not illegal to film you, dog.

    Officer Palomares:

    He’s going to keep yelling.

    Manuel Mata:

    And I need the ambulance.

    Speaker 8:

    I know [inaudible 00:13:55].

    Officer Palomares:

    I appreciate that.

    Manuel Mata:

    I need the ambulance.

    Taya Graham:

    And now, finally after all of these protracted efforts to get this man to consent to a search, including the threat of a possibly inaccurate drug-sniffing dog, arrest, criminal trespassing, unsustained accusations of drug dealing, and violence, the arrest of a cop watcher, and some would say violent use of force, after all of this, what are the results? What is the outcome of this extensive and protracted investigation? What finally happens? Well, simply put, nothing. Nothing at all. And you just take a listen if you don’t believe me.

    Officer Palomares:

    The front door Ring, they added that Ring. They added cameras all around, just this side doesn’t have one. I’m going to tell her to add one here.

    Speaker 9:

    It’s maybe a gram.

    Officer Palomares:

    Okay.

    Speaker 9:

    And that’s like personal use. I don’t think he’s… He might be splitting his personal use with somebody, but I doubt he’s dealing it out. What we’re probably going to do is we’re going to suspect case him, see if it’s going to work a little bit.

    Officer Palomares:

    Cool, yeah.

    Speaker 9:

    [inaudible 00:14:55] cut the warrant, he’ll get a possession case after that, but he probably has some good information about what’s going on. He just didn’t want talk in front of everybody.

    Officer Palomares:

    Whatever you all can do, I appreciate it, man.

    Speaker 9:

    So, what we do need to probably do is [inaudible 00:15:07] transporting him to jail, but take him over to the [inaudible 00:15:12] sector and we’ll try and do an interview with him out there.

    Officer Palomares:

    Okay, I appreciate you. Thank you.

    Taya Graham:

    That’s right, the alleged drug dealer does not have enough in his possession to actually deal. So, instead of charging him for being a drug dealer, the cops resort to taking him to the station as if he were under arrest to try to glean some more information from him about, you guessed it, drug dealing. In other words, convert him to a criminal informant. And for the record, creating a criminal informant is a very unregulated and opaque process, and becoming one is an incredibly dangerous occupation to be forced into. If you want to learn more, start by researching Rachel’s Law.

    But there is so much more to this story than a failed attempt to turn a small-time drug user into a criminal informant, behind the scenes details that turn this case of bad policing into an example of law enforcement malfeasance. And for more on that, I will be talking to cop watcher Manuel Mata, who was arrested at the scene and has been fighting the case ever since, but first, I’m joined by my reporting partner, Stephen Janis, who’s been reaching out to police for comment and investigating the details of the case and the circumstances surrounding it. Stephen, thank you so much for joining me.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    So, what are Fort Worth Police saying about the arrest of Mata and the detention of the man for suspicion of drug dealing?

    Stephen Janis:

    Well, they’re not saying much to us. We sent an email with a couple of questions. One being, how do they approach cop watchers? How do they approach major drug investigations? Although, we did overhear on the body camera that there’s a lot of talk about cop watchers. There’s audio that we did not put in this particular show about how they were aware of Mata, how they’re aware of other cop watchers, how they’re like, “I can deal with it,” and how they talked about in roll call of ways of suppressing cop watching. So, very disturbing that First Amendment activists are on police radar in such a significant way.

    Taya Graham:

    Now, this community shelter provides food and household items for people who are unhoused. What can you tell me about it and why were they hiring police officers?

    Stephen Janis:

    Well, this is exactly what we talk about in the show all the time, using police to solve complex social problems, which is a result of massive inequality. People there are unhoused, they have drug addiction problems, they have all the problems that come along with being impoverished in this country. And yet, what do they do? They hire a police officer. I think it’s an antithetical to the cause of helping people overcome these problems rather than arresting them. As we can see in this case, that’s exactly what occurred.

    Taya Graham:

    This prolonged investigation and subsequent arrest by police are symbolic of the concept, you have termed, blanket criminality. Can you talk about that idea and how it applies here?

    Stephen Janis:

    Well, as you see, this investigation took multiple officers, took an hour, they tried to call a drug-sniffing dog. They made every effort they could to criminalize the behavior of a single person and then spread it out through the community by involving other people in this. So, really it was like saying, “This whole place is a crime scene and we’re going to sit there and kind of work through it with our police. More police are going to show up, more cop cars. We’re going to arrest a cop watcher, we’re going to detain a man, then take him down to the station for no reason and try to get him to become a criminal informant.” What could be a better example of the criminalization of working class people? It’s why this country has the problems it has, and it’s why police are the worst answer or antidote to this kind of problem, Taya.

    Taya Graham:

    And now to talk about his arrest, the events leading up to it, and what he has learned since, I’m joined by Manuel Mata himself. Manuel, thank you so much for joining us again. We appreciate it.

    Manuel Mata:

    Thank you. I’m glad to be here again, to bring you another story of corrupt officials.

    Taya Graham:

    So, can you describe for us the officer’s interaction with him before you arrived? It seems like the man was detained for nearly 50 minutes. Can you describe a little bit of that interaction at the very beginning?

    Manuel Mata:

    Yeah, well, when I pulled up, I actually seen a police officer, to me it looked like harassing two people at a shelter. So when I pulled up, I didn’t know what was going on, and I didn’t ask them. I just wanted to film. So, it turns out that the guy in the blue shirt was the one that the cop decided was the drug dealer, which he wasn’t, and the debt wasn’t over drugs. He owed him 20 bucks, because he let him borrow it to buy cigarettes and food. So, that’s what he asked him for it. The actual drug dealer was right next to him. And as soon as the cop comes, he tells the drug dealer to leave. So, that’s what I walked up on and they were trying to search his stuff and I never got to see how it ended, only in body camera in trial.

    Taya Graham:

    So, although the man said he was getting his mail at the mission and just asking for the $20 owed him, Officer Palomares questioned him and insisted he was going to bring a K-9 to sniff him. And the man said, “You know there’s no probable cause. I haven’t done anything wrong.” And the officer said, “I don’t care. Someone told me you’re a drug dealer, sit down, and show me your pockets.” Now, I know you’re not a lawyer, but when you look at this interaction, what do you see? How do you see his rights being violated?

    Manuel Mata:

    Yeah, and being detained. And see, I didn’t know how long he was sitting there, because to me, I just saw it. I didn’t know the total extent until I got the actual body camera. He had him detained for like 40, 45 minutes, almost an hour before I even got there. So, to me it looked like he was being held against his will. That’s what it looked like to me. And he kept telling him, “Hey, sir, this, that.” And he kept telling him…

    Because when I pulled up, he was telling him, “You can search me, but not my stuff.” And then that’s when it all went sideways, when I stood right there, because to me how it seems is like if you don’t want to pay someone, just call the cops, and they’ll take care of it for you. That’s what it looked like to me, because the actual drug dealer, he told him to leave. So, now you’re messing with a guy that the complainant states, “I did not buy drugs from him. I do not do drugs.” But then you hear the officer, “Oh, but you know he sells drugs.” And I’m like, “Wow, that’s all…” Everything looks so wrong the way the guy was looking and how the situation was, and I just tried to capture it on camera and I failed at that.

    Taya Graham:

    I think you’re being hard on yourself. I don’t think you failed, but one thing I noticed is that the officer says to the man, “You’re getting aggressive with me,” so I’m just going to play a little bit of the video where the officer’s talking to the man saying, “You’re being aggressive.”

    Officer Palomares:

    So, they dimed him out basically. So, I come in here and talk to him, “Hey, man, look, straight-up, I’m Officer Palomares, blah, blah, blah.” I said, “Why are you talking to me?” I said, “Have a seat.” He tried to get a little aggressive. I said, “Hey, look, I’m talking to you, because you’ve been identified as a guy that’s selling drugs. If you’re not, let me know who you are.” I said, “It’s not going to be tolerated.”

    Taya Graham:

    So, when I look at this video, and I want your opinion, does this look like aggressive behavior to you?

    Manuel Mata:

    How do you try to talk to one, “Hey, sir. Hey, sir,” and then just to resort to aggression, violence, and I have to control you. None of it made sense to me. I don’t understand how someone walking up… And then like the guy was, he was asserting his rights to be safe and secure in his property and papers, and it’s like the cop wasn’t trying to hear it, because in his mind, he caught a big drug dealer, and that’s all he cared about. He didn’t care about his rights or the process of criminal procedures. It just went out the window, because this officer had it in his mind that he created a good enough story, and I just totally disagreed.

    Taya Graham:

    Just to clarify, I want your thoughts on the accusation that this man was a drug dealer, considering that this information was provided by people in the mission who can be telling the truth, or they could have been trying to settle a personal score over owing money or they could have even been referring to a different person as a dealer. Does this concern you that someone could just point a finger at you and bring down the police on you without any evidence?

    Manuel Mata:

    Yes, but you know what was the most troubling to me when I saw it was the fact that them two people did not identify the man in the blue shirt as the drug dealer. The man said it was the other guy in the white shirt, same thing as the woman. She said, “It’s the other guy in the white shirt.” And even the officer afterwards, he kept trying to explain to the drug investigators, “He’s the drug dealer, and there’s another one right there with the white shirt.” So, I’m confused as to what your job and what you’re doing, because this man’s telling you, “I barely have $5 to my name. I’m on a bike.” He has a cooler and he has a BB gun for rats, because he lives outdoors. Not only that, he’s at a homeless shelter trying to get assistance. Now, that is not a drug dealer.

    Taya Graham:

    So, another thing that stood out to me is that the officers talk to the woman who’s running the mission, and he says to her that even if he doesn’t find drugs on him, and even if the K-9 doesn’t sniff anything, he’s still a dealer and should still be trespassed. Do you think it’s fair that this man who needs the services of a Christian mission should be denied them due to suspicion that hasn’t even been validated or adjudicated?

    Manuel Mata:

    No, because that’s not what those places are designed for. And then plus, this cop has no authority to trespass anyone. And what the problem is here is what was exposed in the 97-page report that was done on the Fort Worth Police Department where relationships: husband, wife, boyfriend and girlfriend. This is one of those scenarios where he is dating a woman that’s working there, and this is the constant harassment that these two do to innocent people, because all he has to say, “I don’t want him here.” The girlfriend said, “Okay, babe.” He trespassed me, and I wasn’t never on the property. I never set foot on the property. I was on the public sidewalk the whole time, and he convinced a lady to trespass me. So, this is the problem we’re facing. When you hurt someone’s feelings and you’re in a position of power, you should lose it, because you’re dealing with a people with emotions, not the law, not human decency. And basically above all, not Christian-like, because that place is funded through God’s money. So, for him not to even understand what it means to help others, not hurt them.

    Taya Graham:

    So, I was watching the video and about 50 minutes into this man’s detention, you arrive and you ask the officer to identify himself. He refuses and immediately says, “You’re interfering with the investigation,” and barely one minute into the conversation you were in cuffs. Were you surprised by this?

    Manuel Mata:

    Actually surprised, no. But kind of disappointed? Yes, because at that point I had thought I made it clear about what my intent were, because my intent is never to harass, interfere, disrupt, or impede anything. And the fact that they’re able to say that, because you’re recording and you take my attention away, which is not in the penal code, it doesn’t state, they took my attention away, and this is what is frustrating because all I’m doing is holding a camera.

    Taya Graham:

    So I was wondering, do you feel you were treated differently, because you’re a known cop watcher and activist, as opposed to someone else who might’ve been standing there filming? I witnessed how you were singled out at the trial of Aaron Dean while you were there supporting the family of Atatiana Jefferson. So, I’m wondering if you feel you were treated differently, and what rights of yours you feel were violated.

    Manuel Mata:

    Since I’ve been doing this, I know for a fact that automatically I’m going to be treated differently, looked at differently, and even it’s just a whole different vibe that I get from these officers, because during roll call, you hear them. Whenever I hear a cop say that he was mentioned at roll call, they always explain this, “He harasses and films us.” And then I’ll give you a quote from a Homeland Security report that was done on me by a South Division police officer sergeant, that they know that I film and that I go and film trying to get officers to violate my rights. So, if this is something you all are assuming, wouldn’t it be something that makes you all and not even participate in what you’re all witnessing on this video? But it doesn’t stop them, it encourages them, because they want to be the one that says, “I got him.”

    Taya Graham:

    So, it looks like the officer, when he’s putting his cuffs on you, it seems like you’re being thrown to the ground. I hear you saying, “Stop pulling all my hands.” And it looks like he was getting rough with you, but it’s kind of hard to see. Can you tell me what we were missing?

    Manuel Mata:

    See, what happened was he wanted me to sit down and I told him, “No, I’m not going to. We’re just going to stand here, whatever.” And he stated that I was getting aggressive with him by telling him, “No, we’re just going to stand right here.” I never pulled away from him, I never ran, I never did anything. And when he grabbed me by my shoulder, he yanked me down and he literally pulled me off of my feet and I landed butt first on the ground, and then that’s why I told him, I’m going to stand back up. See? And what made me mad is the officer that’s on duty turned around, so it wouldn’t be caught what he just did to me on his body camera. And if you look behind him, that’s what you’re going to see. He’s turned around to the guy in front of him the whole time.

    Taya Graham:

    I believe I hear you request medical, but I know you were taken to the jail instead. Can you tell me how you were treated and if you received any medical treatments?

    Manuel Mata:

    Yeah, because the whole thing was that whenever he threw me on the ground, he kept doing this. You know how the two cuffs are like this and it has them two little links right here? Well, he was grabbing it right there and doing this. And if you have noticed, my hands are already messed up. So, this whole thing was swollen after… And I told him, “I need medical.” And they were trying to put me in a car. I wasn’t resisting the transport, because they weren’t taking me nowhere. They had to wait for the ambulance to get there and check me. And then when he did, he said, “He’s cleared to go to jail.” When I get to jail, when they take the handcuffs off, my hand is so swollen that I tell the guard, “Look at my stuff.” And they’re like, “What?” So, they take pictures and they send me to the hospital. I go to the hospital, I get treated. They say something about break of skin. I don’t remember what it was, because I didn’t get it.

    Taya Graham:

    Now, I have to ask you this, but it’s because I know there are going to be some people who will say, you were provocative, you used foul language, and you raised your voice with the officer, and maybe they’ll say that they feel that you were being aggressive or that you were trying to provoke them. How would you respond to someone who would say that?

    Manuel Mata:

    It is not only our right, it is our obligation to check and balance when someone steps out of their box of control. Now, they used force, they used violence to gain control. I used my words and the tone of my voice to do the same and it’s protected. And second part, if they’re trained to deal with high stressful situations where guns are being pointed at them, a car is flying at them, you mean to tell me that you all passed that type of training where it doesn’t break a sweat to where you all can say me saying a bad word, vulgar, raw, loud is enough to make you all come out of you all skin?

    Something’s not adding up right. So to me, why not? Why not cuss at them? Because to me, I’ve been in an environment where I couldn’t let these people disrespect me, because I wouldn’t be able to live in this environment. The way I do it now is like I’m punching them with words. I’m defending myself with the right to say this and that, and I remind them, Houston v. Hill, Glik v. Cummings, Turner v. Driver, all of these cases involve speech that is protected and the most protected speech isn’t favorable. It’s the one that makes people mad and upset. It creates tension.

    Taya Graham:

    So, I saw there was a conversation between two officers who had conflicting statements on the amount of illegal substances found on the man. One officer said he saw roughly over a gram, maybe just enough for personal use, and then the other officer speaks to the woman and said he had enough for over 100 hits on him? What are these conflicting statements? What am I even seeing here?

    Manuel Mata:

    See, what happened is the Palomares thinks he’s a drug investigator. So when the real ones get there, they’re not understanding why they were even called in the first place, because they know an addict, they know a buyer when they see one. So they’re left with, okay, this is their only choice, because he’s not a drug dealer. “Why don’t you go ahead and tell us who you bought the product from? Help us help you. You don’t have to just help us. Help you by telling us where you purchased your product from.” And that’s what the man agreed to, because he did not want to go to jail. It was easier for him to tell on someone than go to jail, and that’s exactly what happened, because when the real investigators show up, the real detectives, they seen that this was straight garbage.

    Taya Graham:

    But something I noticed and really wanted to pay attention to is I heard an officer not in uniform say, “Let’s just make it look like you’re arresting him, that he might get possession, and then we’re going to take him and see if we can get some information out of him.” So, it looks to me like they were trying to turn him into an informant and they were cutting him off from resources where he could get help at the same time, so basically cutting him off from resources and possibly his freedom. This seems to me like targeting a vulnerable person to become a CI. What do you think?

    Manuel Mata:

    That’s exactly what happened, because they knew that this guy was just a regular street person, and majority of those don’t want to be in jail, so it’s easier to manipulate and influence him to tell. And sad to say, that’s exactly what happened here. They put him in a car, they drove him down the street to where the police station was on Hempfield and Magnolia, and they let him out. And the cops, while they’re letting him out, they’re like, “You’re just going to go in here and talk to these detectives. You don’t have to tell them nothing, but to help yourself, just go ahead and tell them.”

    Taya Graham:

    So, what were your charges? From my understanding, just last week you were supposed to report for 180 days in jail. Can you tell me what you were charged with and what you’re facing and what happened?

    Manuel Mata:

    Well, I got charged with interfering with public duties and resisting arrest. Not only was I charged, I went to trial and I was found guilty on both of those cases, and I received 180 days and I appealed it. And yes, yesterday I was supposed to turn myself in and the strangest thing happened. I did not have a warrant to turn myself in. What happened is I was given a court date for another sentencing hearing. Now, I don’t know what’s going on, and I don’t know what’s going to happen, but all I do know is I don’t care because I know one thing, when I chose to believe in something stronger than myself, I don’t need to be afraid. I don’t need to be worried. I don’t need to understand evil people anymore, because I know two things. This too shall pass and lean not on my own under understanding. Those two things I keep to my heart, and I remember this is selfless, so I can’t lose. The only I’m doing is I’ve made the world notice Fort Worth Police Department and their awful, awful tactics and their culture of torture. That’s it.

    Taya Graham:

    Okay, let’s take a second to break down what we just saw and examine it through the prism of a concept that I think does not get the attention it deserves, namely the ever expansive and destructive growth of police power in the service of some nebulous notion that if we consent to it, we’ll all be safer. Well, I, for one, am skeptical, and there is plenty of evidence to prove that that skepticism is warranted. First, it’s important to note that many categories of crime have gone down this year, especially some of the most violent and serious crimes, which have fallen since they rose dramatically during the pandemic. In most major cities, that has meant roughly a 20% drop in murders. In my hometown Baltimore, the drop has been even more precipitous, with homicides roughly 30% below their peak, but all of this good news came with a bit of a confounding asterisk.

    It happened amid a nationwide shortage of police officers. Numerous reports have accounted how difficult it’s been for police departments to maintain staffing levels. In our hometown of Baltimore, we’re short a record 678 positions. It’s been called a crisis by the mainstream media, a shortage of officers on the street that threatens public safety, and law and order, and the future of civilization, and yet that’s not what occurred at all. Instead, we experienced one of the steepest drops in violence in recent history, all of which occurred in the timeframe when there are simply less officers on the street and fewer cops making fewer arrests. But here’s a question, how on earth could that happen? More cops equals more safety, right? More law enforcement means more law and order, right? A gun and badge are the best way to ensure that chaos and crime are kept under control, right?

    According to police partisans, this drop in crime could in no way be due to the lessening of social isolation and economic stressors at the end of the pandemic. Of course not, it couldn’t be due to the revival of in-person social programs that scientists say are the most effective form of violence reduction strategies, over and above aggressive policing, never. It couldn’t be in Baltimore due to the group violence reduction strategy that tries to intervene in the lives of people most likely to commit a murder with jobs and support, rather than handcuffs and bars. Absolutely no way. It just couldn’t be any of those programs that mitigate poverty, uplift communities, and generally work with people as if they’re human beings, not human chattel to be arrested, caged, and locked away until the end of time. It’s just not possible, right? There’s only one solution to violence.

    There’s only one way to get results, right? Give cops more power, give them more guns, form more SWAT teams and specialized units, and discard those pesky constitutional rights that keep on getting in the way of effective crime fighting. That’s what we should do if we want to stay safe, correct? And of course, despite relinquishing our constitutional rights, police will treat us fairly, protect the innocent, and not steal from us, right? Oh, okay, that last statement might’ve gone a bit too far, but just consider a recent decision by our illustrious Supreme Court, which seems to relish in retracting our rights, not expanding them. The court was asked to consider the request of two people who have been victimized by overly aggressive civil asset forfeiture, or as this article in The Nation describes it, When Cops Steal Your Stuff. The plaintiffs had asked the court to rule on a seemingly modest request that when police confiscate property, they should have a prompt hearing on if the seizure was legal.

    Now, first you have to remember that despite our Fourth Amendment protection from unwarranted searches or seizures, police in this country can pretty much take our property, even if we’re not criminally charged. And worse yet, if you want that property back, you have to file a civil suit and prove that it doesn’t belong to the police in the first place. That question came to a head before the highest court in the land when it was asked to consider the petition of two plaintiffs who had lost their automobiles to police, both had never been accused of a crime. Instead, a person who was caught with drugs in both cases had borrowed their cars, which police subsequently seized. To get their property back, the burden was on the plaintiffs. They had to file civil cases and argue the seizures were unwarranted. They wanted the courts to instead require police departments to have a preliminary hearing to justify the taking of property.

    But in a 6-3 decision, the court said no. In her dissent, Justice Sotomayor noted that 80% of asset forfeiture cases are civil, meaning they are not directly tied to a criminal case. This means that most property seized by police is not linked to direct criminal behavior, but rather is simply proximate to a crime, like the aforementioned case I just recounted. What this means in real life is that if someone dumps a couple grams of weed on your property, in the right state, police can seize your car and other properties and make you fight to get it back. And what’s even more stunning is that it’s not even clear what connects all the seizures to the original idea used to justify it. Namely, seizing assets is supposed to deprive major criminals of the resources they need to commit more crimes. It’s an idea that was touted by police by pointing to the threat of major drug dealers.

    But like most policies based on fear, it has turned into a cash machine for police departments. In the case before the Supreme Court, these kingpins had simply lent their cars to the wrong people. All the cops accomplished was depriving innocent people of using their cars for work, transporting kids, and generally taking care of themselves, and their family. But of course, the underlying premise is the same fallacy I cited at the beginning of this rant. The more power we give cops, the safer we will be. The more we relinquish our constitutional rights, the less crime will occur, or the more we diminish ourselves, the more cops will protect us. Well, let me ask you, is that what’s really happened? Are we safe because we gave up our rights? Are we more productive because police can seize our assets? Is our country happier and healthier because law enforcement has taken the Constitution and used it like old newspaper for puppy training?

    Well, I don’t think so. Instead, we have a destructive, ultimately Faustian bargain that I think we all need to reconsider, because as you can see, once we give up our rights, the powers that be are determined to never give them back. And fighting to get those rights is surely history we don’t want to repeat. I want to thank Manuel Mata for speaking with us and keeping us updated on policing in Fort Worth, Texas. Thank you, Manuel. And of course, I have to thank intrepid investigative reporter Stephen Janis for his writing, research, and editing on this piece. Thank you, Stephen. And I want to thank mods of the show, Noli D and Lacey R. for their support. Thanks, Noli D.

    And a very special thanks to our Accountability Report Patreons, we appreciate you, and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon associate producers, Johnny R., David K., Louie P., Lucida Garcia, and super friends, Shane B., Kenneth K., Pineapple Girl Matter of Rights, and Chris R.

    And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you. Please reach out to us. You can email us tips privately at par@therealnews.com, and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram, or at Eyes on Police on Twitter. And of course, you can always message me directly @tayasbaltimore on Twitter or Facebook, and please like and comment. You know I read the comments and appreciate them, and we do have the Patreon link pinned in the comments below for Accountability Reports. So if you feel inspired to donate, please do. We do not run ads or take corporate dollars, so anything you can spare is greatly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please, be safe out there.

    This post was originally published on The Real News Network.

  • Jacobin logo

    This story originally appeared in Jacobin on May 22, 2024. It is shared here with permission.

    On Monday, May 20, 2024, the British High Court granted Julian Assange his first legal victory in four years. The court found that the WikiLeaks founder could appeal his extradition to the United States on the basis that he may be denied free expression rights and face discrimination if tried there. In the UK system, leave must be granted to appeal. Courts have previously refused to grant Assange leave to appeal on key issues.

    Assange remains locked up in the notorious Belmarsh Prison. And while he’s been granted the right to appeal on two narrow grounds, it’s still possible the court could rule against him. Assange still could be extradited — and press freedom hangs in the balance.

    Exposing War Crimes

    The US war on WikiLeaks, its sources, and its founder is a long, sordid affair. It entered its current phase on April 11, 2019, when British police arrested Assange. The United States then unsealed a series of indictments against him and sought his extradition. Ultimately, Assange would be charged with seventeen counts under the Espionage Act and one count of conspiring to violate the Computer Fraud and Abuse Act. All of the charges stem from WikiLeaks’ receipt and publication of classified documents from whistleblower Chelsea Manning.

    Assange’s attorneys argued that the United States was clearly seeking to extradite Assange for a political offense and that his extradition was barred under British law. In 2021, a British judge rejected these arguments. Nonetheless, the judge blocked Assange’s extradition to the United States due to the prison conditions he would likely face. The United States, represented by the UK government, appealed this decision. They also offered diplomatic assurances about Assange’s potential prison conditions. Amnesty International called the assurances “inherently unreliable.” But UK courts accepted the assurances, overturned the judge’s ruling, and denied Assange the right to appeal.

    Assange’s attorneys then sought to appeal the parts of the original decision that were adverse to them. They presented nine separate grounds for appeal. At the heart of the defense’s legal arguments was the assertion that Assange was a journalist who published information about state criminality. Such actions were in the public interest. Prosecuting a journalist for his work exposing war crimes and abuses of power is a form of government retaliation that violates free expression rights.

    At the heart of the defense’s legal arguments was the assertion that Assange was a journalist who published information about state criminality.

    The High Court rejected the overwhelming majority of these grounds, ruling that the bulk of charges against Assange dealt with ordinary crimes with no relationship to free expression rights. For the limited number of charges the High Court found touched on free expression rights, the High Court ruled there was not a significant public interest in the publications to prohibit Assange’s prosecutions. Prosecuting Assange for exposing war crimes therefore did not violate Assange’s right to free expression under Article 10 of the European Convention on Human Rights, which the court found to be similar to the US First Amendment.

    In a particularly disturbing part of the decision, the High Court ruled Assange’s lawyers could not introduce additional evidence about the CIA plot to kill the journalist — not because they found such a plot inconceivable but because the High Court believes if Assange were extradited to the United States, the CIA would no longer have reason to assassinate him.

    The decision was not a total defeat for Assange. The United States failed to provide an assurance not to seek the death penalty. Although Assange was not charged with an offense that carried the death penalty, his lawyers argued he could be. The court found these concerns to be persuasive and granted leave to appeal on this point.

    Additionally, one of the prosecutors in the case, Gordon Kromberg, stated the United States might argue that as a foreigner Assange had no First Amendment rights. The UK High Court found that if the US government succeeded in this argument, Assange would face discrimination because of his nationality and be deprived of his right to free expression, in violation of Article 10 of the European Convention on Human Rights. As a result, Assange could also appeal.

    The High Court gave the United States an avenue to avoid the appeal. If the United States offered assurances that they would not seek the death penalty against Assange, that Assange would not face discrimination due to his nationality, and that Assange could rely on the First Amendment, Assange would lose his right to appeal. The High Court was taking the ominous and highly unusual step of telegraphing to the United States what to say to extradite Assange.

    During past phases of Assange’s extradition proceedings, UK courts maintained that US assurances had to be taken at face value and that the defense could not challenge them. This time, the UK High Court announced it would accept both a written challenge to the assurances and hold a hearing on whether they were sufficient.

    The United States waited until the April 16 deadline to submit its assurances. The first assurance was a standard death penalty assurance, a routine diplomatic matter given that most of the world does not share the United States’ belief in the death penalty. The second assurance read:

    ASSANGE will not be prejudiced by reason of his nationality with respect to which defenses he may seek to raise at trial and at sentencing. Specifically, if extradited, ASSANGE will have the ability to raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States. A decision as to the applicability of the First Amendment is exclusively within the purview of the U.S. Courts.

    First Amendment Rights

    Going into the May 20 hearing, a sense of pessimism pervaded for Assange’s team. Given the judge’s dismal assessment of Assange’s rights, I felt certain that this was likely to be the end of the road for Assange’s case in the UK legal system. Everyone I spoke to who had followed the case closely, either as journalists, activists, or human rights advocates, also believed Assange’s prospects were bleak.

    At the outset of the hearing, Assange’s defense announced they fully accepted the US assurance on the death penalty, but the remaining assurance was insufficient. The High Court had asked for an assurance that Assange could rely on the First Amendment. The United States instead said Assange could “seek to rely” on the First Amendment. The defense also noted that diplomatic assurances in extradition typically include promises to refrain from doing something, such as declining to seek the death penalty or require bail. In its assurance, the United States made no promises that the Department of Justice would not argue Assange lacked First Amendment rights on the basis of his nationality. As the defense told the judges, “Mr Kromberg has caused the concern and done nothing to allay it.”

    In its assurance, the US made no promises that the Department of Justice would not argue Assange lacked First Amendment rights on the basis of his nationality.

    Relying on the expert opinion of Paul Grimm, a former US federal judge, lawyers for Assange argued that even if prosecutors did not argue Assange lacked First Amendment rights due to his nationality, a court could independently make this ruling. They also relied on Grimm to argue that the First Amendment protects more than just publishing, it protects newsgathering. This seemed meant to counter the High Court’s previous finding that only a handful of charges had any relationship to free expression rights.

    UK lawyers, representing the United States, pedantically lectured the court on the distinction between citizenship and nationality. Any deprivation of Assange’s First Amendment rights would be due not to his nationality, but his citizenship (i.e., an Australian-born US citizen could not be deprived of First Amendment rights, but any noncitizen may be). One of the UK government lawyers representing the United States stated Assange would not be “prejudiced for reason of his nationality, but because as a matter of law he is a foreigner operating on foreign soil.”

    After roughly an hour and half of arguments, Assange’s lawyers and UK prosecutors representing the US government concluded their arguments. The judges hearing the case, Victoria Sharp and Jeremy Johnson, began whispering to each other. Part of their comments could be heard on a hot mic, but the only word I could make out was “discriminatory.” Sharp then announced the court would adjourn for ten minutes, then the judges would let us know “where we are.”

    In the overspill room where most of the press was, there was confusion. As we discussed among ourselves what this could possibly mean, one journalist quipped, “Where we’re at? We’re at the Royal Courts of Justice.” When the judges had been gone more than twenty minutes, it became clear they were making a decision.

    It would be nearly a half hour before the judges returned. Sharp announced that Assange was granted a full appeal on whether he would face discrimination as a foreign national or be denied free expression rights. Sharp denied an appeal on the issue of the death penalty, however, all parties had already agreed the assurance was sufficient.

    The High Court had essentially told the United States what to say in order to prevail. And yet the United States couldn’t even muster that. The court had also tied the hands of the defense. And in spite of the seemingly insurmountable odds, they prevailed.

    Assange’s Victory

    Supporters of Assange began gathering outside the Royal Courts of Justice a full two hours before the hearing. When news of what had happened inside the courtroom reached the hundreds of protesters outside, there was clear jubilation.

    Assange’s victory should be celebrated by all those who value press freedom. Assange, however, is not out of danger. The two judges ruled Assange a right to appeal, they did not rule in favor of the arguments. And the arguments Assange’s lawyers can raise are still extremely narrow.

    The Assange extradition has been filled with twists and turns, which makes it impossible to predict what will happen next, made all the more confounding by the High Court’s seeming indifference to many of the fundamental press freedom and human rights issues at stake. The March ruling read very much like the High Court judges wanted to rubber stamp the persecution of a journalist, but the United States and UK lawyers blundered so badly as to make that impossible. Now those same judges have issued a stunning rebuke to the United States. Could judges who believe prosecuting Assange for his journalism does not violate his free expression rights block US extradition, given that the United States may not allow him First Amendment rights as a foreign national?

    Uncertainty aside, Assange’s supporters are right to celebrate a rare legal victory. Assange’s defense will have another chance to fight his extradition. Anyone who cares about press freedom should be rooting for them to prevail.

    This post was originally published on The Real News Network.

  • On April 24, activists from the around the country converged on Washington for the 10th anniversary march of the FreeHer campaign, a national movement against the prison industrial complex, focused on the release of incarcerated women and girls. Despite campaign promises to free 100 women in his first 100 days in office, the Biden administration’s record on clemency is among the worst in US history, granting clemency only 29 times in nearly four years—with 16 of these given on the day of the FreeHer march alone. Activists also called attention to the epidemic of sexual violence and abuse against prisoners by correctional staff. Rattling the Bars reports from the streets in DC, speaking directly with organizers and movement activists about their demands for Biden and their broader vision for liberation.

    Videographer: Cameron Granadino
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Speaker 1:

    We vote clemency! We vote clemency! And we want it when?

    Speaker 2:

    Now.

    Speaker 1:

    We want it now. We want it when?

    Speaker 2:

    Now.

    Speaker 1:

    Send those messages to President Biden and say, don’t even look at us again until you’re willing to free these women. And we want everybody to please, when you leave here, take this message with you, hit your governor in the head with it. Hit the President in the head with it, that we vote clemency and we need you to get to work. Tenth anniversary March on Washington. Try to make President Biden understand that freedom must happen.

    Pick up your pen. Commute the sentences of our mothers, our grandmothers, our sisters, our aunts and our wives. Enough is enough. Free Michelle West, 30 plus years in prison. Free Lazar Daz, 30 plus years in prison. Free our elders like Ms. Friend. Get these women out of these prisons. Now! We got rap with us releasing aging people in prison. We got legal services for prisoners with children. We got women, and men, and babies here from every single state around the country, and we are demanding enough is enough. President Biden, pick up that pen.

    Speaker 2:

    We’re building a family. This is a whole community that has been impacted by incarceration from different ways, whether we’ve been formerly incarcerated, or we had loved ones like our mothers incarcerated. And so it’s time that we come together in solidarity, and highlight the harm that the system has caused. And so we can’t do this alone, so we have to come together. And when we come together, that’s a movement.

    Speaker 3:

    One more time, we’re at Freedom Plaza in Washington D.C. At the Free Her March. I didn’t know what kind of impact it would have on me. We’ve got women that’s coming together to march to abolish the prison industrial complex as it relates to women. We’ve got families. We’ve got their children, we’ve got the grandparents. We’ve got the great-grandparents, generation upon generation. They want the end to the mass incarceration of women, but more importantly, they want to free her.

    Speaker 4:

    Mississippi, Mississippi, I need you to free her! Indiana, I need you to free her! Georgia, free her! D.C., free her! Alabama, free her!

    Speaker 5:

    We got Milwaukee in the building. Milwaukee in the building.

    Speaker 6:

    Milwaukee, Wisconsin.

    Speaker 5:

    Milwaukee, Wisconsin.

    Speaker 3:

    Where you from?

    Speaker 7:

    Washington D.C.

    Speaker 3:

    Okay. We are from Nation Capital. Why are you here?

    Star:

    I’m here to free Ms. West, Michelle West, and here to support the women that’s here.

    Speaker 3:

    Hi, what’s your name?

    Star:

    My name is Star. How you doing?

    Speaker 3:

    I’m good. Where you from?

    Star:

    The Bronx, New York.

    Speaker 3:

    Okay. We got the Bronx with us today. Why are you here today?

    Star:

    Because we’re here to petition the President, and everybody else on his team, to grant clemency to Michelle West, and all the other women who deserve it.

    Speaker 8:

    He told us when we was here four years ago that he was going to free a hundred women within the hundred days of him being in office. And he has not done any of what he said he was going to do. So we’re here today asking for him to free our women, and free them now.

    Star:

    We are tired of giving the Democrats what they want, and they don’t give us what we need.

    Speaker 3:

    So what do we want?

    Star:

    We want freedom for all women and girls. We want rehabilitation, and alternatives to incarceration.

    Speaker 9:

    We want Michelle West Free!

    Miquelle West:

    I’m Miquelle West, Michelle West’s daughter. My mom was incarcerated when I was ten years old for a drug conspiracy case. And she’s serving two life sentences and 15 years.

    Speaker 9:

    I represent the women that want to be free. Let our women be free. Let our women out of [inaudible 00:04:06].

    Music:

    Music

    Group:

    Cut it down!

    Speaker 10:

    [inaudible 00:04:36].

    Group:

    Cut it down!

    Speaker 10:

    [inaudible 00:04:39]

    Speaker 11:

    Stop criminalizing us for poverty, stop criminalizing us for how we cope from this trauma that has been put on us historically, and continues into this present day. Free my sisters.

    Speaker 12:

    The women get treated badly. The women get raped in jail. All kinds of things. I served federal time, and I know what it’s like to be in there. And I say free women today.

    Speaker 13:

    We told them to free those women, and they didn’t do it. They’re sending them to other prisons that, guess what? Also are raping our sisters inside of the federal system. So we’ve got a lot of work to do, people.

    Speaker 14:

    The response is to move all the women at once, all of a sudden to just throw them out into places all over the country with no preparation, no bathroom facilities. They’re being, as one of them said, the men who raped them, should, and are, going to prison. And the women are being punished now because they’re saying that the BOP, which can’t control their own staff, has to close the prison because they can’t manage it. And they take the women. I’ve been walking with different friends of mine who were in Dublin with me.

    Speaker 3:

    Right.

    Speaker 14:

    It was not a low-security place at that point. And we’re all having flashbacks of what it was to be transferred in that way, where you’re treated like a sack of laundry, except that you’re chained up. You’re chained at the waist. You can’t use the bathroom for hours, you get no food. They sat on a bus for five hours in the parking lot of the prison. And then at the end of five hours, they were taken back into the prison. They said, “Oh, we don’t know where to take you.” So the way that they’re being treated and then their families… Some people have children and their families are in the Bay Area. So the children were able to visit their moms in the prison, and now the moms have been sent like across country.

    Speaker 15:

    All this is the remedy for their abusive behavior. The remedy for their abusive behavior become more abusive.

    Speaker 14:

    Exactly. It’s true abuse, only this time, it’s like it’s standard operating procedures as opposed to rape, which is standard operating procedures, but it’s not written in the book.

    Speaker 15:

    We have to bring our women home, our children need them. Our black young men lead them. Black men need the nurturing, need the comfort, the caring, and the support that they need for mothers to structure them in the right way, so that we won’t be enslavery into the system. So thank you for everybody. As you see, we’re all out here making the cards.

    Speaker 16:

    Turn around.

    Speaker 17:

    They’re here on behalf of their mother. Why you bring the two?

    Speaker 16:

    Because that’s their mother.

    Speaker 17:

    Okay.

    Speaker 16:

    That needs to be released.

    Speaker 17:

    Okay. How long has she been locked up?

    Speaker 16:

    She’s been locked up right now for two years.

    Speaker 17:

    And why haven’t they released her yet?

    Speaker 16:

    They haven’t released her because they say she’s an activist. She was an activist.

    Speaker 17:

    What’s her name?

    Speaker 16:

    Brittany Martin.

    Speaker 17:

    Brittany Martin. So we got Brittany Martin as an activist and be held-

    Speaker 16:

    In Illinois.

    Speaker 17:

    In Illinois State Prison?

    Speaker 13:

    Yes. Yes, sir.

    Speaker 17:

    FCI?

    Speaker 13:

    IDOC.

    Speaker 17:

    Okay. So what do you want her to know about what’s going on here today?

    Speaker 13:

    Man, listen, it’s powerful out here, man. There’s people from everywhere and every place, and she is known. Her injustice is known.

    Speaker 17:

    What do you want to happen for your mother?

    Speaker 18:

    Bring her home.

    Speaker 17:

    Bring her home? Bring your mother home?

    Speaker 18:

    Yeah!

    Speaker 17:

    What’s your mother’s name?

    Speaker 18:

    Pretty mama.

    Speaker 17:

    Okay. And what y’all want? What y’all want?

    Speaker 18:

    Bring her home!

    Speaker 17:

    Bring her home. I talked to a friend of mine that was here, the first one. She said it was only maybe a hundred women. This is the indication that we’re building and mobilizing. So how do you feel about that?

    Speaker 21:

    I think it’s great. I think it’s fantastic. It’s something that’s needed. Women who are getting triple life sentences for things that are… It’s not reasonable. So I like it.

    Speaker 20:

    I am here because I believe that every woman deserves her peace and her freedom.

    Speaker 21:

    Who are these people up here that you see?

    Speaker 20:

    These are women incarcerated in the Georgia Penal system.

    Speaker 21:

    And how long-

    Speaker 20:

    They are lifers.

    Speaker 21:

    They’ve been in prison for a long time.

    Speaker 20:

    Yes. They’ve been in prison for a long time, and constantly denied parole. So we are here speaking on their behalf.

    Speaker 22:

    There’s a lot of women that I myself was actually incarcerated with. I’m from Augusta, Georgia, served 12 years out of 20 years of [inaudible 00:09:41] . I was released in 2016. So now I’m advocating for myself and other women. So let’s free them, free her.

    Speaker 3:

    Briefly tell our audience what happened with your daughter.

    Speaker 22:

    In February of 2018, she, along with her husband, was indicted on a federal drug indictment along with several others that was named on that indictment. At the beginning of the… there was no… Spock was not mentioned in any of the discoveries or anything, but once they got her to trial, they went ahead with the indictment. Matter of fact, there was three superseding indictments that was made. She ended up being on pretrial release from 2018 to 2021. At which time in July the 26th of 2021, she actually went to trial and was found guilty by a jury. Partly because of the attorney that she had, did not present any of the evidence or anything. Did not put on any type of defense. He just came to court against the federal government with a notepad and a pen.

    Speaker 3:

    Okay. We already know about… I was locked up. I did 48 years in prison. So I understand. We know about the public pretender. That’s what we call him in the prison system. But how much time did your daughter get?

    Speaker 22:

    She got 15 years mandatory. She had a mandatory minimum of 15 years.

    Speaker 3:

    Okay. She got a mandatory minimum of 15 years. Was this her first offense?

    Speaker 22:

    First offense, Sparkle Hobbs Bryant is a mother of two children. She’s never been in trouble. She was an upstanding citizen before the indictment. She’s been an upstanding system in the jail system as well as in the prison system. And we just want her to come home. This is her daughter who was 14 months old when she left her, and we’re tired of taking her to the prison to see her mother.

    Speaker 23:

    And not to mention, she’s also been in the military. She served in the Navy.

    Speaker 24:

    The power of women. They come from all over the country. New York, Nevada, Montana, Kansas to free her. This is the 10th anniversary of women prisoners coming out, organizing to free women prisoners. This is a monumental occasion. This is an example of power to the people. Free her.

    Karen Elsima:

    I’m Karen Elsima from Alaska. I’m formerly incarcerated. I left three kids at home who also had to live with my felonies. Today, after 13 years out, I have a daughter who also had to sign a seven-year deal, and now is about to celebrate two years in recovery, about to have a baby. But if someone hadn’t invested in me, my children, the restoration would not have been there. We’re still working on it.

    Speaker 24:

    Right.

    Speaker 16:

    But it’s just such an example of how many moms and kids and families need to have that restoration be invested in as a people.

    Speaker 24:

    And that’s one of the things that the Free Her movement is talking about. Invest in people, not in the expansion of prisons that’s going to house people, and dehumanize, and destroy families. Thank you, sis.

    Speaker 25:

    I think people are going to be more educated. We’re going to continue to come out and rally as needed, and continue to educate others about the movement. But it’s going to be a fight for a while, but we’re going to keep at it.

    Speaker 26:

    We demand that President Biden and state governors free our mothers. Free them for Mother’s Day. Free her!

    Music:

    Alleluia Music

    Speaker 27:

    Oh, that is, you see us out here. We’re out here. We’re stronger in numbers. Like Sashi said. We come together in solidarity. We collectively come up with strategies to free each one of them one by one. We’re trying to tear down the criminal justice system brick by brick, piece by piece. And we know what that looks like, and that’s why we’re out here.

    Speaker 3:

    And I heard the speaker say collectively, her colleagues, former sisters that was locked up with her, if you did them collectively, they did a thousand years. And I did 48 years before I got out. And I was in the room one time and I asked, had some college students in there. I had like 10 people. I told all the dudes that added up their numbers. So when I told them, I said I launched how many numbers. It was over 500 years in the room of time we had did. So with terms like that, what do you think about the clemency?

    Speaker 27:

    I think that everyone should get a second chance. And I see that society lately is not giving people a chance. I don’t feel that no one should be locked up for the rest of their life. And who is one person to take somebody’s freedom away, rather it be a six-man, jury, it be a judge or whomever it be? No one has that right. And we’re going to free them all. And they are coming home.

    Speaker 28:

    And we also want to highlight re-imagining communities. You know, the only reason why we are here is because women have never had a first chance to begin with, and they’ve never had resources. Look at this. This is a crowd of black people. Instead of talking about 500, a thousand, a thousand years, 2000 years, these are years that our family has been stripped away from our loved ones. And that’s not acceptable. So we need to begin to shift and call on not only the President Biden, but all of the governors. Each state, state by state, needs to provide resources to the people so that way we’re not even ending up on a prison bunk to begin with. Not our babies, not our mothers, not us, not none of us. We have the resources, we just have to use them. So, yes to clemency, but also yes to resources immediately. So we don’t have to use tools like clemency.

    Speaker 7:

    Yes.

    This post was originally published on The Real News Network.

  • On April 24, activists from the around the country converged on Washington for the 10th anniversary march of the FreeHer campaign, a national movement against the prison industrial complex, focused on the release of incarcerated women and girls. Despite campaign promises to free 100 women in his first 100 days in office, the Biden administration’s record on clemency is among the worst in US history, granting clemency only 29 times in nearly four years—with 16 of these given on the day of the FreeHer march alone. Activists also called attention to the epidemic of sexual violence and abuse against prisoners by correctional staff. Rattling the Bars reports from the streets in DC, speaking directly with organizers and movement activists about their demands for Biden and their broader vision for liberation.

    Videographer: Cameron Granadino
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Speaker 1:

    We vote clemency! We vote clemency! And we want it when?

    Speaker 2:

    Now.

    Speaker 1:

    We want it now. We want it when?

    Speaker 2:

    Now.

    Speaker 1:

    Send those messages to President Biden and say, don’t even look at us again until you’re willing to free these women. And we want everybody to please, when you leave here, take this message with you, hit your governor in the head with it. Hit the President in the head with it, that we vote clemency and we need you to get to work. Tenth anniversary March on Washington. Try to make President Biden understand that freedom must happen.

    Pick up your pen. Commute the sentences of our mothers, our grandmothers, our sisters, our aunts and our wives. Enough is enough. Free Michelle West, 30 plus years in prison. Free Lazar Daz, 30 plus years in prison. Free our elders like Ms. Friend. Get these women out of these prisons. Now! We got rap with us releasing aging people in prison. We got legal services for prisoners with children. We got women, and men, and babies here from every single state around the country, and we are demanding enough is enough. President Biden, pick up that pen.

    Speaker 2:

    We’re building a family. This is a whole community that has been impacted by incarceration from different ways, whether we’ve been formerly incarcerated, or we had loved ones like our mothers incarcerated. And so it’s time that we come together in solidarity, and highlight the harm that the system has caused. And so we can’t do this alone, so we have to come together. And when we come together, that’s a movement.

    Speaker 3:

    One more time, we’re at Freedom Plaza in Washington D.C. At the Free Her March. I didn’t know what kind of impact it would have on me. We’ve got women that’s coming together to march to abolish the prison industrial complex as it relates to women. We’ve got families. We’ve got their children, we’ve got the grandparents. We’ve got the great-grandparents, generation upon generation. They want the end to the mass incarceration of women, but more importantly, they want to free her.

    Speaker 4:

    Mississippi, Mississippi, I need you to free her! Indiana, I need you to free her! Georgia, free her! D.C., free her! Alabama, free her!

    Speaker 5:

    We got Milwaukee in the building. Milwaukee in the building.

    Speaker 6:

    Milwaukee, Wisconsin.

    Speaker 5:

    Milwaukee, Wisconsin.

    Speaker 3:

    Where you from?

    Speaker 7:

    Washington D.C.

    Speaker 3:

    Okay. We are from Nation Capital. Why are you here?

    Star:

    I’m here to free Ms. West, Michelle West, and here to support the women that’s here.

    Speaker 3:

    Hi, what’s your name?

    Star:

    My name is Star. How you doing?

    Speaker 3:

    I’m good. Where you from?

    Star:

    The Bronx, New York.

    Speaker 3:

    Okay. We got the Bronx with us today. Why are you here today?

    Star:

    Because we’re here to petition the President, and everybody else on his team, to grant clemency to Michelle West, and all the other women who deserve it.

    Speaker 8:

    He told us when we was here four years ago that he was going to free a hundred women within the hundred days of him being in office. And he has not done any of what he said he was going to do. So we’re here today asking for him to free our women, and free them now.

    Star:

    We are tired of giving the Democrats what they want, and they don’t give us what we need.

    Speaker 3:

    So what do we want?

    Star:

    We want freedom for all women and girls. We want rehabilitation, and alternatives to incarceration.

    Speaker 9:

    We want Michelle West Free!

    Miquelle West:

    I’m Miquelle West, Michelle West’s daughter. My mom was incarcerated when I was ten years old for a drug conspiracy case. And she’s serving two life sentences and 15 years.

    Speaker 9:

    I represent the women that want to be free. Let our women be free. Let our women out of [inaudible 00:04:06].

    Music:

    Music

    Group:

    Cut it down!

    Speaker 10:

    [inaudible 00:04:36].

    Group:

    Cut it down!

    Speaker 10:

    [inaudible 00:04:39]

    Speaker 11:

    Stop criminalizing us for poverty, stop criminalizing us for how we cope from this trauma that has been put on us historically, and continues into this present day. Free my sisters.

    Speaker 12:

    The women get treated badly. The women get raped in jail. All kinds of things. I served federal time, and I know what it’s like to be in there. And I say free women today.

    Speaker 13:

    We told them to free those women, and they didn’t do it. They’re sending them to other prisons that, guess what? Also are raping our sisters inside of the federal system. So we’ve got a lot of work to do, people.

    Speaker 14:

    The response is to move all the women at once, all of a sudden to just throw them out into places all over the country with no preparation, no bathroom facilities. They’re being, as one of them said, the men who raped them, should, and are, going to prison. And the women are being punished now because they’re saying that the BOP, which can’t control their own staff, has to close the prison because they can’t manage it. And they take the women. I’ve been walking with different friends of mine who were in Dublin with me.

    Speaker 3:

    Right.

    Speaker 14:

    It was not a low-security place at that point. And we’re all having flashbacks of what it was to be transferred in that way, where you’re treated like a sack of laundry, except that you’re chained up. You’re chained at the waist. You can’t use the bathroom for hours, you get no food. They sat on a bus for five hours in the parking lot of the prison. And then at the end of five hours, they were taken back into the prison. They said, “Oh, we don’t know where to take you.” So the way that they’re being treated and then their families… Some people have children and their families are in the Bay Area. So the children were able to visit their moms in the prison, and now the moms have been sent like across country.

    Speaker 15:

    All this is the remedy for their abusive behavior. The remedy for their abusive behavior become more abusive.

    Speaker 14:

    Exactly. It’s true abuse, only this time, it’s like it’s standard operating procedures as opposed to rape, which is standard operating procedures, but it’s not written in the book.

    Speaker 15:

    We have to bring our women home, our children need them. Our black young men lead them. Black men need the nurturing, need the comfort, the caring, and the support that they need for mothers to structure them in the right way, so that we won’t be enslavery into the system. So thank you for everybody. As you see, we’re all out here making the cards.

    Speaker 16:

    Turn around.

    Speaker 17:

    They’re here on behalf of their mother. Why you bring the two?

    Speaker 16:

    Because that’s their mother.

    Speaker 17:

    Okay.

    Speaker 16:

    That needs to be released.

    Speaker 17:

    Okay. How long has she been locked up?

    Speaker 16:

    She’s been locked up right now for two years.

    Speaker 17:

    And why haven’t they released her yet?

    Speaker 16:

    They haven’t released her because they say she’s an activist. She was an activist.

    Speaker 17:

    What’s her name?

    Speaker 16:

    Brittany Martin.

    Speaker 17:

    Brittany Martin. So we got Brittany Martin as an activist and be held-

    Speaker 16:

    In Illinois.

    Speaker 17:

    In Illinois State Prison?

    Speaker 13:

    Yes. Yes, sir.

    Speaker 17:

    FCI?

    Speaker 13:

    IDOC.

    Speaker 17:

    Okay. So what do you want her to know about what’s going on here today?

    Speaker 13:

    Man, listen, it’s powerful out here, man. There’s people from everywhere and every place, and she is known. Her injustice is known.

    Speaker 17:

    What do you want to happen for your mother?

    Speaker 18:

    Bring her home.

    Speaker 17:

    Bring her home? Bring your mother home?

    Speaker 18:

    Yeah!

    Speaker 17:

    What’s your mother’s name?

    Speaker 18:

    Pretty mama.

    Speaker 17:

    Okay. And what y’all want? What y’all want?

    Speaker 18:

    Bring her home!

    Speaker 17:

    Bring her home. I talked to a friend of mine that was here, the first one. She said it was only maybe a hundred women. This is the indication that we’re building and mobilizing. So how do you feel about that?

    Speaker 21:

    I think it’s great. I think it’s fantastic. It’s something that’s needed. Women who are getting triple life sentences for things that are… It’s not reasonable. So I like it.

    Speaker 20:

    I am here because I believe that every woman deserves her peace and her freedom.

    Speaker 21:

    Who are these people up here that you see?

    Speaker 20:

    These are women incarcerated in the Georgia Penal system.

    Speaker 21:

    And how long-

    Speaker 20:

    They are lifers.

    Speaker 21:

    They’ve been in prison for a long time.

    Speaker 20:

    Yes. They’ve been in prison for a long time, and constantly denied parole. So we are here speaking on their behalf.

    Speaker 22:

    There’s a lot of women that I myself was actually incarcerated with. I’m from Augusta, Georgia, served 12 years out of 20 years of [inaudible 00:09:41] . I was released in 2016. So now I’m advocating for myself and other women. So let’s free them, free her.

    Speaker 3:

    Briefly tell our audience what happened with your daughter.

    Speaker 22:

    In February of 2018, she, along with her husband, was indicted on a federal drug indictment along with several others that was named on that indictment. At the beginning of the… there was no… Spock was not mentioned in any of the discoveries or anything, but once they got her to trial, they went ahead with the indictment. Matter of fact, there was three superseding indictments that was made. She ended up being on pretrial release from 2018 to 2021. At which time in July the 26th of 2021, she actually went to trial and was found guilty by a jury. Partly because of the attorney that she had, did not present any of the evidence or anything. Did not put on any type of defense. He just came to court against the federal government with a notepad and a pen.

    Speaker 3:

    Okay. We already know about… I was locked up. I did 48 years in prison. So I understand. We know about the public pretender. That’s what we call him in the prison system. But how much time did your daughter get?

    Speaker 22:

    She got 15 years mandatory. She had a mandatory minimum of 15 years.

    Speaker 3:

    Okay. She got a mandatory minimum of 15 years. Was this her first offense?

    Speaker 22:

    First offense, Sparkle Hobbs Bryant is a mother of two children. She’s never been in trouble. She was an upstanding citizen before the indictment. She’s been an upstanding system in the jail system as well as in the prison system. And we just want her to come home. This is her daughter who was 14 months old when she left her, and we’re tired of taking her to the prison to see her mother.

    Speaker 23:

    And not to mention, she’s also been in the military. She served in the Navy.

    Speaker 24:

    The power of women. They come from all over the country. New York, Nevada, Montana, Kansas to free her. This is the 10th anniversary of women prisoners coming out, organizing to free women prisoners. This is a monumental occasion. This is an example of power to the people. Free her.

    Karen Elsima:

    I’m Karen Elsima from Alaska. I’m formerly incarcerated. I left three kids at home who also had to live with my felonies. Today, after 13 years out, I have a daughter who also had to sign a seven-year deal, and now is about to celebrate two years in recovery, about to have a baby. But if someone hadn’t invested in me, my children, the restoration would not have been there. We’re still working on it.

    Speaker 24:

    Right.

    Speaker 16:

    But it’s just such an example of how many moms and kids and families need to have that restoration be invested in as a people.

    Speaker 24:

    And that’s one of the things that the Free Her movement is talking about. Invest in people, not in the expansion of prisons that’s going to house people, and dehumanize, and destroy families. Thank you, sis.

    Speaker 25:

    I think people are going to be more educated. We’re going to continue to come out and rally as needed, and continue to educate others about the movement. But it’s going to be a fight for a while, but we’re going to keep at it.

    Speaker 26:

    We demand that President Biden and state governors free our mothers. Free them for Mother’s Day. Free her!

    Music:

    Alleluia Music

    Speaker 27:

    Oh, that is, you see us out here. We’re out here. We’re stronger in numbers. Like Sashi said. We come together in solidarity. We collectively come up with strategies to free each one of them one by one. We’re trying to tear down the criminal justice system brick by brick, piece by piece. And we know what that looks like, and that’s why we’re out here.

    Speaker 3:

    And I heard the speaker say collectively, her colleagues, former sisters that was locked up with her, if you did them collectively, they did a thousand years. And I did 48 years before I got out. And I was in the room one time and I asked, had some college students in there. I had like 10 people. I told all the dudes that added up their numbers. So when I told them, I said I launched how many numbers. It was over 500 years in the room of time we had did. So with terms like that, what do you think about the clemency?

    Speaker 27:

    I think that everyone should get a second chance. And I see that society lately is not giving people a chance. I don’t feel that no one should be locked up for the rest of their life. And who is one person to take somebody’s freedom away, rather it be a six-man, jury, it be a judge or whomever it be? No one has that right. And we’re going to free them all. And they are coming home.

    Speaker 28:

    And we also want to highlight re-imagining communities. You know, the only reason why we are here is because women have never had a first chance to begin with, and they’ve never had resources. Look at this. This is a crowd of black people. Instead of talking about 500, a thousand, a thousand years, 2000 years, these are years that our family has been stripped away from our loved ones. And that’s not acceptable. So we need to begin to shift and call on not only the President Biden, but all of the governors. Each state, state by state, needs to provide resources to the people so that way we’re not even ending up on a prison bunk to begin with. Not our babies, not our mothers, not us, not none of us. We have the resources, we just have to use them. So, yes to clemency, but also yes to resources immediately. So we don’t have to use tools like clemency.

    Speaker 7:

    Yes.

    This post was originally published on The Real News Network.

  • Critics of the prison industrial complex have long noted the system’s failure to properly rehabilitate those who are locked away in its bowels. Christina Merryman and Ameena Deramous return to Rattling the Bars for the second part of a two-part interview on the reality facing prisoners in Maryland’s only women’s correctional facility.

    Studio Production: David Hebden
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to Rattling Bars here on The Real News Network. I’m your host, Mansa Musa. Last week, we published part one of our deep dive into the conditions for incarcerated women in the State of Maryland. I spoke with my guests, Christina Merryman and Ameena Deramous, both formerly incarcerated, about life on the inside for incarcerated women in the state.

    Today, we’re going to look at part two of that conversation. I spoke with Christina and Ameena about what it is like for women who are returning home or trying to return home from prison. Here’s part two of that conversation.

    Welcome back to Rattling the Bars, Christina and Ameena. We was talking about how do we maintain our sanity in the face of the most arduous conditions in prison? And y’all made the observation that in terms of how women’s [inaudible 00:01:11] being ran, it’s almost like it’s a whole nother colony. It’s outside of Maryland. It’s somewhere else in the Third World country, for lack of better description.

    But what I want to talk about now is, okay, we recognize that in order to maintain our sanity under those types of conditions, we have to find a purpose. We have to find something to live for, and whatever that is, we have to find it, and we had to make a commitment to that. I was telling y’all I was litigious when I was in the Maryland prison system, and I got so bad with them that I shut down one time, me and another guy shut down the whole… We was up in Hagerstown, which is where they had a correctional facility. And we had found so many inmate grievances complaints that we shut down the whole 8:00 to 4:00 shift and the 4:00 to 12:00 shift because so many witnesses was coming in from them two shifts from doing abusive things towards prisoners. Needless to say that that didn’t sit well with the administration, and ultimately I found myself back in max eventually because of that.

    But in terms of that whole experience, it was hard for me to stay focused because I knew… I said, “Well, any day they’re going to come and get me, take me in the hole and beat me,” because that’s how litigious I was, and I knew they were abusive.

    But when y’all were describing some of the things that going on in the women’s cut and how the officers are, how did it impact? And y’all talk about how it impacted y’all and how y’all was able to, like you say Kristen, you was a social butterfly, so that was your way of maintaining your sanity to maintain your social skills. And I mean, you was saying in your situation, your thing was to be litigious, that if okay, you ain’t like it, you try to find a way to resolve it through the legal means. Well, not everybody like that. Talk about the impact that this has on the women in general, some of the problems that you see going on in that environment as a result of the way the women’s cut is being ran. We go with you first, Christina.

    Christina Merryman:

    So the problem starts with the administration. There is none.

    Mansa Musa:

    At Chippendale [inaudible 00:03:45]?

    Christina Merryman:

    Chippendale, I don’t believe is there anymore. I don’t even know who the warden is. When I left, I couldn’t tell you who the warden was. They went through four of them within a two-month time period, I believe.

    Veronica (Ameena) Deramous:

    Yes.

    Christina Merryman:

    There was no administration at one point. You couldn’t get anything done. I was a peer specialist. So, when I say I was a social butterfly, I helped and spoke with a lot of other sisters within the facility and mentored a bunch of people with education and issues that they were having. And no matter what we tried to accomplish, we hit a wall because we couldn’t go anywhere with it because there was nowhere to go because there’s no administration. There’s no one to help, and it’s impossible.

    Mansa Musa:

    Talk about that a minute. Talk about why is it that in this environment that we had this type of abuse that’s going on in the State of Maryland, and it seems like nobody’s talking about because… I know about because I’ve been in that space, but you don’t hear the drumbeat of women being abused, women being psychologically traumatized, women being forced into such a insane state that they substance abuse is high, mental illness is high. Talk about these things.

    Veronica (Ameena) Deramous:

    So what I would like for you to think about is the system. We think that the system is not working, but it’s working exactly that way they would like for it to work.

    Mansa Musa:

    Come on. Come on.

    Veronica (Ameena) Deramous:

    It’s supposed to be for rehabilitation, but there is none, right? You have to want that in yourself. Right? I’m grateful that I went in there from the service as an adult because those children or those ladies who have issues bigger than mine, more than mine, just like mine, who aren’t as strong, who don’t have as big of a support, they’re hurting.

    Mansa Musa:

    Mm-hmm. No chance.

    Veronica (Ameena) Deramous:

    As if we’re not coming back out here on the streets.

    Mansa Musa:

    Come on.

    Veronica (Ameena) Deramous:

    They’re treating us as if we’re not returning. At some point, everybody’s going to realize who’s in charge. We’re coming back out here.

    Mansa Musa:

    That’s right.

    Veronica (Ameena) Deramous:

    And we’re either going to be better or we’re going to be worse. And if we’re sitting down and that’s your opportunity to help us get better, help us to get better. Give us the classes. Give us the counseling. Give us what we need. Right? It’s not a… I’m saying it’s not a… It is a moneymaker.

    Mansa Musa:

    That’s right.

    Veronica (Ameena) Deramous:

    Right? If those women are in there getting high and none of us leave, how’s it coming in? It’s a moneymaker, right?

    Mansa Musa:

    Mm-hmm.

    Veronica (Ameena) Deramous:

    So, then you have someone who has an addiction. We don’t have any programs other than AA and NA. And I’m not saying that those are not good programs.

    Mansa Musa:

    No, I got you.

    Veronica (Ameena) Deramous:

    I’m saying we don’t have a program for people who have those issues. We have people that are bringing those things in. And then, when the ladies leave and they die because they’ve tried something real because they have that anti, their body is filled with Suboxone.

    Mansa Musa:

    Right. Right.

    Veronica (Ameena) Deramous:

    And then, when you get out there and you get a really good something, what’s going to happen? There are several women who don’t have their GEDs, but if the list is long but the classes are empty, that doesn’t make any sense. If you have to be pre-released to take a class, then you’re not helping everyone. They’re not giving us the help. And that’s intentional.

    Mansa Musa:

    Yeah.

    Veronica (Ameena) Deramous:

    That’s not by mistake. That’s intentional. Everything that’s done is intentional.

    Mansa Musa:

    And I want to beat that point right there because as you said, and I want our audience to understand this here. We’re talking about, and it is important to everybody that listen to this and look at this podcast, it’s important to understand this here. In the Maryland system, correction system, the Department of Public Safety and Correctional Service, you have what we talked about earlier, Code of Maryland regulations. And in the Code of Maryland regulations, it outlines the policies and procedures for how the institutions in the State of Maryland is going to be ran. Now, how the men’s institutions going to be ran versus how the women’s institutions. It’s uniformity associated with the policies and procedures on paper, in theory. It fluctuates, as well, in men’s prison. Only difference is you have different institutions, but it fluctuates, as well. They ignore rules and regulations.

    But in this case, I want the audience to understand that as these women sit here, we have two women sitting here. Both of them was in the Maryland House of Corrections. One, both of them at some point in time because of their time supposed to been eligible for a security reduction. Both of them, according to their sentence, supposed to been able to get from medium, if they was medium security when they went in, they’ll go from medium security to minimum security to pre-release prior to being released. And the purpose of that is that to help them acclimate themselves back into society. If I’m in pre-release, and I’m working on the street, and I can save some money, I can get my social skills back up. I can deprogram myself. But in y’all cases, and I think you’ve spoken to this, Christina, and talk about this. You said that you was on work release and that not only was you not allowed with your family, but you had to pay rent.

    Christina Merryman:

    Yes.

    Mansa Musa:

    Talk about that.

    Christina Merryman:

    When I’m on work release, the only contact with any people that I had was the people that I worked with, which was still associated with… I worked for Maryland Correctional Enterprises, and during Maryland Correctional Enterprises during work, which was also, it was a great opportunity, but the officers would come and do their checks to make sure I was at work. They would come and search my desk, pat me down during work hours, which is very degrading, but I would have to pay room and board and transportation fees. I believe it was approximately… It was like 690 to $720 a month depending on how many trips they took me back and forth to work. I had no special privileges.

    Mansa Musa:

    And let’s start right there. How much money you say? 600? Now, you can go from here to New Orleans on a round-trip ticket for that much money and probably do to Mardi Gras at the same time.

    Christina Merryman:

    Mm-hmm.

    Mansa Musa:

    How far was you going?

    Christina Merryman:

    Three miles to and from.

    Mansa Musa:

    Six miles. 600 something. And that-

    Christina Merryman:

    That was also for my housing. I had to pay to live at the institution. No special room. Not guaranteed to have a room by myself. Yes.

    Mansa Musa:

    And we recognize this. I did an interview with some people from down in Alabama, and they doing outsourcing. They doing convict leasing. But the reality is, in that system, it’s so barbaric that I would prefer to go work in some inhumane conditions than be put in a section of the jail where it’s fight or flight. So, you understand what I’m saying? This is the alternative in your situation. The preference is you prefer to be able to get treated like everybody else, but under the circumstances you would take… And this is an example of the lesser of the [inaudible 00:12:42]. I mean talk about, you just got out.

    Christina Merryman:

    Mm-hmm.

    Mansa Musa:

    And talk about the fact that they didn’t give you the opportunity to prepare yourself and God willing, that you have been able to make the adjustment. But how would that have looked if they would’ve gave you the opportunity to get work release, make you some money, have access to your family, hug your mother, kiss your children? How would that, because remember, this ain’t something I’m making up. These are the things that men get.

    Everything I just outlined, men get under the same policies and procedures. That’s why I’m so outraged at this. I’m so outraged at it because I’m sitting here looking at you and both of y’all and you have family. And why your children don’t deserve to be hugged and kissed? Why your children don’t deserve to give you the right to be able to have a weekend with your family when the rules and regulations say this, and the State of Maryland is ignoring it when it comes to y’all? Talk about that.

    Veronica (Ameena) Deramous:

    Intentional. Did I say that already?

    Mansa Musa:

    Yeah. You can say that a hundred times.

    Veronica (Ameena) Deramous:

    Intentional. If they don’t want you to do something, you’re not going to be able to do it. If they don’t want you to do it, they’re not following the rules and regulations. Everybody does what they want to do. There is no oversight and… I’m sorry. If the administration acknowledges all of the things that are going on within the institution, then that falls on the admin, right?

    Mansa Musa:

    Mm-hmm. That’s right.

    Veronica (Ameena) Deramous:

    So, then why would they admit to the staff members bringing in drugs? Why would they admit to the physical abuse of stuff of law, the young ladies who are transgendering, right? We have male officers that will beat those incarcerated individuals because, “You think you’re a man? You want to be a man? All right, I got something for you.”

    Mansa Musa:

    Yeah, that’s [inaudible 00:15:13].

    Veronica (Ameena) Deramous:

    Women get raped, too.

    Mansa Musa:

    Yeah. Yeah.

    Veronica (Ameena) Deramous:

    But if you check or if you ask, how many of those have been reported that have gotten outside of the institution, right? It’s intentional. They don’t want us to be that ready. And I am being honest when I tell you that I wasn’t prepared. I wasn’t prepared because I didn’t qualify for any of the classes. I wasn’t prepared because the classes that I could have gotten into, depending on which staff member was the person to put you in those classes, I didn’t get into those classes.

    Some of the staff members didn’t like me to the point where I didn’t get my ID when I left. There are certain things that you’re supposed to leave the institution with. You’re supposed to leave the institution with your R card.

    Mansa Musa:

    Yeah. Yeah.

    Veronica (Ameena) Deramous:

    I went to go get my state ID. I’ve been covered my entire incarceration, even on my housing unit, I’m covered. I was told, take your [inaudible 00:16:16] off. You got to take that thing off is what I was told. And because I refused to do that and said I was going to talk to the warden, they told me, “Oh, it’s really like a two or three week process. You’re probably not going to be here, so just get yours on the outside.” “Okay, no problem.” When I left, I went to the MVA to get my state ID and they didn’t give me my R card.

    So, you get this brown envelope with everything that you’re supposed to have.

    Mansa Musa:

    Yup. Your Social Security. Yup.

    Veronica (Ameena) Deramous:

    You get a brown envelope with everything that you are supposed to be given when you leave that institution. And I didn’t leave with everything that I was supposed to leave with.

    Mansa Musa:

    Intentionally?

    Veronica (Ameena) Deramous:

    Intentionally.

    Mansa Musa:

    Yeah.

    Veronica (Ameena) Deramous:

    Right? So, thank God, one of my friends that works at Prepare came to get me and was able to pull up my file off of her phone and show that I had been accepted into a place, and they were able to use that paperwork to show that I had an address. So, I was able to use paperwork from one of my friends that supported me, that came to get me. What about the people that don’t have support? When you wonder why people are going back, it’s because they’re not prepared when you put them out there.

    Mansa Musa:

    Right.

    Veronica (Ameena) Deramous:

    Right? We have a really good reentry person that’s on A East. We have a couple of really good phenomenal case managers, but they can’t do what they’re supposed to do. How is that?

    Mansa Musa:

    Yeah.

    Veronica (Ameena) Deramous:

    Why is that?

    Mansa Musa:

    Why is that? Why is that?

    Veronica (Ameena) Deramous:

    Why is that? Why are they limited?

    Mansa Musa:

    Right.

    Veronica (Ameena) Deramous:

    We have someone that is a reentry person in the facility, but I didn’t get to see her until a week or two before I went home. Why did they not give me access to her or her access to me because she’s there to give me what I needed before I left. But someone didn’t put my name on the list, and I didn’t have access. Did you set me up to succeed or to fail?

    Mansa Musa:

    Oh, it’s no doubt. It is no doubt in my mind that the fact that y’all here today is only by the grace of God. There’s no doubt in my mind because everything y’all say is designed for you to fail. It’s designed like you said, I think you said earlier, Christina, “Don’t let them rent space in your head.” Well, some people got a mansion being written in their head because they don’t have no other choice.

    Christina Merryman:

    Right.

    Mansa Musa:

    Some people, this system and the women’s cut, and it’s premeditated on the part of the State of Maryland, and you talking about the governor, Wes Moore, and then you put somebody in the secretary Department of Public Safety that’s responsible for overseeing a prison system. But yet this has been going on since, I think, since the women’s cut been in existence. It hasn’t gotten any better. And the problem, I think, that we really need to recognize is that it’s intentional, and it’s designed to make sure that the women that leave, they leave in a broken state, and they don’t have no choice but to revert back to behavior because like you say, they getting out. So, they don’t have no choice but to revert back to the same behavior and keep this system afloat.

    Christina, talk about [inaudible 00:19:50] out and really your process of once you got out and how you started re acclimating yourself back into society. I know you say you’re doing work. Talk about some of the things that you’re doing.

    Christina Merryman:

    Yeah, so luckily, just to reiterate that a little bit back on what Ameena was saying, I was on work release, and you’d leave with a brown envelope. But when I was on work release, I did not qualify for the reentry classes because I was at work. And so, for me to be able to get my insurance and my ID card, I would have to miss work with a pass. And so, when they gave me a pass for me to get all my insurances and my cards to get all that stuff processed, I would miss work and stay back, and then they wouldn’t show. So, luckily I had documents at home. I was able to, when I got released, I had to go handle everything on my own because the institution didn’t help me get any documents, no insurance, no ID. So, when I was released, luckily enough, my family was able to run me around and take me to get all the documents and all the things I needed.

    Mansa Musa:

    We have women that don’t have-

    Christina Merryman:

    They don’t have that, and they don’t have the knowledge. Luckily, I was able to know where I had to go, what I had to do and the websites and the places that I had to visit to get the information I needed to get to accomplish what I need to accomplish. But if they’re not given that information, how do they know when they come home? We’re talking about some of the younger generation that are coming home. What do they do? But luckily, we have certain people that help, and they got support, and they can do it. But now, I work for a non-profit. It’s called Prepare. We help re-entry, and we help incarcerated individuals prepare for their parole and come home with re-entry services. We get them set up with their documents and re-entry facilities or housing places to go. So, I love my job. It’s fantastic.

    Mansa Musa:

    So, what you been eating? A lot of chicken?

    Christina Merryman:

    Everything. Everything but ham and turkey. I don’t need no turkey. Not no turkey based products.

    Mansa Musa:

    How about your transition? First, where are you staying? You got your own place?

    Veronica (Ameena) Deramous:

    No. So, fortunately I’m a veteran. So, I’m at McVets.

    Mansa Musa:

    Okay.

    Veronica (Ameena) Deramous:

    So, I’m not far from here, but I’m at a veteran’s transitional education and learning training place. That’s good. I’m not working. I’m a little over 30 days out. I have to take care of me.

    Mansa Musa:

    Oh, yeah.

    Veronica (Ameena) Deramous:

    Seriously. I thought that I was going to hit the ground running. Mm-mm. [inaudible 00:23:03] a little bit too fast, so I am in the process of getting counseling. I’m in the process of figuring me out outside of from behind those walls. I’m learning that I don’t have to fight as hard on the outside as I had to fight on the inside.

    Mansa Musa:

    Yeah.

    Veronica (Ameena) Deramous:

    Right? To be a Muslim, I had to fight to be a Muslim.

    Mansa Musa:

    I know. Believe me, I know.

    Veronica (Ameena) Deramous:

    I had to fight-

    Mansa Musa:

    Yeah.

    Veronica (Ameena) Deramous:

    To be a Muslim.

    Mansa Musa:

    Talk about… Like I told you earlier, I was in Islam when I was incarcerated, and it was Salam vs. Collins. Well, before Salam vs. Collins came out. But Salah versus Collins established the equity as far as Islamic coordinator because you had a Christian chaplain that was regulating all the affairs. So, we wound up getting Islamic coordinator, but before all that came about, like Ramadan, they didn’t have no break fast. No, get up in the morning and break fast. No start to fast. None of that. If the sun set later than the chow line, whatever you had, you had to hold back. And that’s how it was before. But since then, it changed. But how, in your situation because I know that they making it hard. Mainly if you litigious and then you say you have the audacity to say that, “Not only I’m litigious, but I’m also a Muslim woman, Black woman at that.” How was you able to deal with those things?

    Veronica (Ameena) Deramous:

    What I’m going to say to you is I never tried to compare one religion to another religion, but I was able to show on way too many times the seven day a week studies for one group and one for this one. Right? Not do for me what you’re doing for them, but recognize the difference. And if you can accommodate, accommodate. Ramadan starts and ends whenever it wants to when you’re in prison.

    Mansa Musa:

    Oh yeah. I already know.

    Veronica (Ameena) Deramous:

    Right? So, I’m obligated as a Muslim to do Ramadan. So, I had better be prepared to start it when it starts and end it when it ends. Because several times start when they felt like it. We’re not ready today. Y’all aren’t real Muslims anyway. That’s one of the things, fake Muslims. That’s a super-duper word when you’re incarcerated, right? Sleeves. They took our jeans and T-shirts and all these other things and gave us uniforms. And up until the day that I left, they still never gave me long sleeves. So, I always had to wear thermals or long sleeve T-shirts under the short sleeve uniform that I was issued. So, in the summertime I was dressed in layers because they wouldn’t accommodate me. But if I went to work or if a program came in and they gave out a T-shirt, I’d be like, “Hey, can I get a long sleeved T-shirt?” “Absolutely.” But in the prison where I had to be, I couldn’t be accommodated. You’re allowed, according to Kohmar, one religious meal. We barely got that one. But there are other groups that got, before I left, five in one year.

    Mansa Musa:

    And you know what? And on that note right there, this is the problem that I’m having and that I think our audience need to understand is that taxpayers paying for that, it’s taxpayers’ money that’s keeping this thing that we call a prison industrial complex afloat. This ain’t about a person doing time. This ain’t about a person committing a crime. This is about whether or not you are obeying the law because this is about the law. This ain’t about Ameena. This ain’t about Christina. This ain’t about Man. This is about the law. Now, if you ain’t obeying the law, then you should be held accountable.

    And if you taking and intentionally discriminating against people because of their religion, it say you shouldn’t be discriminating against religious or your gender or none of these things. But as you outline, if you transgender, if you accept that identity, if you accept that pronoun and you in the woman’s cut, then they’re going to say, “Well, okay. You a man in a woman’s prison. I can abuse you as such. I’m not recognizing.” But then you don’t have the outcry from the transgender community in society. You understand what I’m saying? Let somebody come up and say something on TV about something that they deem demeaning, and it’s an outcry, but when it come to prison-

    Veronica (Ameena) Deramous:

    They don’t want to hear it.

    Mansa Musa:

    “I’m transgender. I’m in prison. I’m being abused. Help me.” But if I’m on the street, I’m transgender, somebody say use a derogatory term towards me, oh, it’s all, “Yeah.” Or if I’m in society and somebody is Islamic-phobia, it become an outcry. But in the prison system, mainly within the women’s… But talk about this, and both of y’all can weigh on this individual. Talk about the young women because the population in changed. It’s lot more younger. Talk about where you see them at in terms of the impact this is having on them. When I left, we was doing things to try to get control over, but they clicked up blue, red, alphabets. You know what I’m saying? It was like a nightmare in terms of trying to get some things done. We was able to get some things done because we was able to press the issue. But talk about the young ladies.

    Veronica (Ameena) Deramous:

    So, let me say this. I got a couple of things I want to say because I said intentional. So, let me say two things before I say that. They pit the women against each other, and that’s why we don’t fight together. Right.

    Mansa Musa:

    Yes.

    Veronica (Ameena) Deramous:

    So, you have the transgender women, and then you have the women who are not transgender. If they do something to benefit the transgender women, then the women who are not transgender, I’m not saying jealous, but why should they be able to get supplements, and we can’t get supplements? So, we’re unable to come together. So, when I say intentional, they do things to put things in place to make us not be able to come together like that. If we were able to get rehabilitated, you’re never going to be able to do pre-release inside of a prison setting. You’re never going to get what you need.

    Mansa Musa:

    No.

    Veronica (Ameena) Deramous:

    Right. And if you don’t prepare them to do what they’re supposed to do, if you don’t find an alternative to just incarcerating people, those are our children that are in there. I’ve seen mothers and daughters and granddaughters [inaudible 00:30:51].

    Mansa Musa:

    Yeah. Three generations.

    Veronica (Ameena) Deramous:

    I’ve seen families in this place. I’ve seen communities in this place. You’re going to have to find an alternative to that, and you’re going to have to make your… People are paying, like you said, their money for nothing. No one wants to give away money. People complain about how much things cost, and yet you’re giving up money because nothing’s happening. We’re not being taken care of properly, and our children are coming in there because we’re in there. Who’s going to raise my children? Who raised my children? [inaudible 00:31:28]. My family raised my children. But what about someone else who didn’t have that support? There was a bunch of ladies in there with me who didn’t have that support, and their children came in ready for it, ready for whatever, and you can’t raise them then. It’s hard.

    Mansa Musa:

    Oh, I know.

    Veronica (Ameena) Deramous:

    These kids are coming in with their grandmothers and aunts and they’re, “I don’t know you because you’ve been in here just as long as… “

    Mansa Musa:

    Mm-hmm.

    Christina Merryman:

    Mm-hmm.

    Veronica (Ameena) Deramous:

    Right?

    Mansa Musa:

    Christine?

    Christina Merryman:

    It’s sad because I watched so many young kids come in, and they get younger and younger and younger, and it’s so hard to offer any advice because they don’t want to hear it. They know everything. And it’s hard to offer suggestions and directions when they can run wild because there’s no structure. You’re coming to a facility with no structure, no regulation, and you can pretty much run around and do what you want. You get in trouble, there’s really no punishment besides going to a lockup where you can go get what you want. You get more what you want. You just pay more for it. [inaudible 00:33:05]. And it’s sad. I’ve watched the facility run out of toilet paper. I’ve watched the officers throw cookout and barbecues for themselves, but yet we can’t get toilet paper, and they’re having cookouts.

    Mansa Musa:

    Yeah. Officer appreciation.

    Christina Merryman:

    Yeah.

    Mansa Musa:

    Once a month.

    Christina Merryman:

    It’s so backwards. It really needs help because there’s no way to rehabilitate us. There’s no substance abuse programs. There’s no…

    Mansa Musa:

    Cognitive.

    Christina Merryman:

    … cognitive programs. There’s no mental health. There’s no therapy. There’s no proper medication treatments. There’s nothing. I believe it’s in Komar to where when you go in and you get classified, you get put into a job bank or you get put into education.

    Mansa Musa:

    One of the two.

    Christina Merryman:

    These young kids are coming in with no GEDs, no high school diplomas. You get mandatory education. You have to go to school.

    Veronica (Ameena) Deramous:

    But there’s a waiting list.

    Christina Merryman:

    They’re not going to school. Schools are empty.

    Mansa Musa:

    As we close out, we’re going to start with you, Ameena.

    Veronica (Ameena) Deramous:

    Mm-hmm.

    Mansa Musa:

    As we close out, what’s your final thought? What do you want people to know about what we need to do or what you think they should be doing or what their outlook should be on? I mean, finish that out. You ain’t telling nobody, but if you had the ability to convey or tell somebody how to operate in this environment, and I’m talking about policy makers.

    Veronica (Ameena) Deramous:

    Oversight. Most recently an ombudsman bill was introduced. It needs to be taken seriously. They have to interact with the people that are incarcerated. Because if you only deal with the people, the admin or the staff, they’re not going to tell you what’s going on. But we’re out here, and we’re going to talk about these things. There are some of us out here now that are going to talk about these things, so they need to listen to us and take what we’re saying seriously. And even for people who have people incarcerated, when they tell you that something is wrong, something is wrong. Having a family member incarcerated is like having your child in school or your parent in a nursing home. You better check-

    Mansa Musa:

    That’s right.

    Veronica (Ameena) Deramous:

    … to make sure that… We’re broken. Right? We’re broken. Help us to be better.

    Mansa Musa:

    Help us to be better. Christina, you have the last thought.

    Christina Merryman:

    I wish that the officers within the institutions would really wake up and do their job. Just do your job and do it the right way, and treat us as we’re people, and help us rehabilitate ourselves. And I will absolutely piggyback on Ameena to check on us. Like I understand we broke the law. We did something wrong.

    Veronica (Ameena) Deramous:

    Yes.

    Christina Merryman:

    We made a bad choice, but we are still a person, and we are still within a facility that we are trying to get better because I will tell you that probably over 90% of us are actually trying to get better.

    Mansa Musa:

    There you have it. The Real News, Rattling the Bars. Sincerely, I appreciate y’all coming in and rattling the bars with me today. I want to make sure that our audience understand this, that we are talking about human beings. We’re talking about somebody’s mother. We’re talking about somebody’s daughter. We’re talking about somebody’s granddaughter. We’re talking about real live human beings, and all they asking to be treated like human beings. And more importantly, be treated like everybody else. What the rules and regulations say, if I violate them, you going to punch me, then let me get the benefit of those things that I’m supposed to get. And I’m telling you this, and I’m going to direct this to Governor Wes Moore, oversight.

    Veronica (Ameena) Deramous:

    Absolutely.

    Christina Merryman:

    Yes.

    Veronica (Ameena) Deramous:

    Absolutely.

    Mansa Musa:

    Thank you.

    This post was originally published on The Real News Network.

  • Taya Graham and Stephen Janis commemorate five years of the Police Accountability Report with this special livestream panel featuring legendary cop watchers James FreemanLackLusterThe BattousaiTom ZebraLaura Shark, and Otto The Watchdog. In this extended livestream, Graham and Janis host a timely discussion about the possibility of police reform, the importance and impact of cop watching, and why it’s vital that we all find ways to keep fighting for change.

    Pre-Production: Stephen Janis, Taya Graham, David Hebden
    Studio Production: David Hebden, Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya:

    Hello, this is Taya Graham, and welcome to the Police Accountability Report five-year anniversary live stream. That’s right, you heard me correctly. It’s been five years of reporting on police malfeasance across the country, and boy, do we have a lot to talk about. Not just about policing, but the community that has grown around the idea that holding police accountable is a serious task that requires all of us to participate. And honestly, that is one of the most important things I’ve learned in my five years of hosting the show, that there are people who care, not just about law enforcement, but how the government in general executes policies more than the mainstream media would have us believe. Meaning, the idea that there is a mass movement of indifference and apathy simply ignores the truth that I have witnessed firsthand because, over these past five years, I spoke to people all across the country who care about our rights and our communities. People who are willing to stand up, point a camera, risk an arrest, and come forward and talk to us.

    It’s an amazing community of people who have something in common, the belief that we not only can control our destiny, but we can actually improve the lives of our fellow citizens by doing so. And to help me unpack these ideas, I’m joined by an all-star cast of copwatchers and First Amendment activists that have become literal legends in the world of holding police accountable and government accountable, a group whose passion and commitment to reporting on and documenting police malfeasance is unquestioned.

    And so, just to give you an idea of what’s to come, let me give you a quick rundown of the people who will be joining us tonight. So first, we have the often comedic, but also serious copwatcher, James Freeman, whose onscreen antics have made him one of the most creative and formidable copwatchers on YouTube.

    Next is another legend, a YouTuber known as Lackluster. Lackluster has built a YouTube channel with over 1.5 million subscribers with top-notch investigative reporting on police malfeasance across the country. And then, of course, one of our favorites, Otto The Watchdog, will join the discussion. Otto is another YouTuber who has used comedic and often unorthodox tactics to illuminate just how absurd policing can be in this country.

    We will also be joined by the renowned copwatcher known as The Battousai, who has actually made case law when he was arrested for filming police in Texas. And finally, we’ll be speaking to two activists whose work can be best described as hardcore and unrelenting. I’m talking about Tom Zebra and Laura Shark, the incredible duo that has single-handedly hold the LA County Sheriff’s Office and Police Department accountable. And for the record, there were many other copwatchers we wanted to include, but unless we are going to do a ten-hour livestream, we’re just going to have to wait for them to join us next time.

    And it’s quite a lineup, so I’m anxious to get started, but please remember, this is a live show. There may be some technical difficulties and I will also be looking down in the chat and trying to put your questions and comments on screen. And if possible, have some of our copwatchers respond to them as well. But please give me a little bit of grace because I’m trying to do quite a few things here at the same time.

    But you know what, I have to find Stephen, I have to get him in here so I can start the show. Now, I know you’re thinking why isn’t Stephen here now? Doesn’t he know about the livestream? Don’t you guys plan for this? Well, to be fair, I’m going to ask our studio manager, Dave, to put Stephen’s Google calendar on the screen so people can see it. Notice how mostly his time is spent outside. The only event on his otherwise meager schedule is this livestream, which is clearly marked by me. So this constant absenteeism is not my fault. But wait, hold on, Dave. I think Dave has located Stephen. Hold on one second.

    Stephen, Stephen, Stephen, Stephen. There’s a livestream. Stephen, there’s a livestream. That’s what’s going on.

    Yes, Stephen. Stephen, please. Please. Stephen, you’re not some journalistic Keith Richards. Get in here. Seriously. That was not meant to be a compliment. Please get in here. Please just get in here. Please, please, Stephen, please just get in here. This is a livestream. You need to be here in live, in person to do it. Right now. Oh, jeez, please get inside.

    Hi, pardon us. Much like that cat you saw behind him. He’s like a stray cat and he has to be encouraged to come indoors. So while I wait for Stephen to find his way in here, I want to delve a little deeper into the theme I discussed at the beginning of the show, namely community. It was something I’ve been thinking about quite a bit as I was preparing for this show. When I first started the Police Accountability Report with Stephen, I had no idea I would still be hosting it five years later. And in many ways the time has flown by and there are stories that I’m so proud of, and instances when we help people assert their lives.

    But when I’ve cherished the most from the past five years are the relationships we’ve built with this unique community. And I’m not just talking about our guests, our incredible mods, Noli D and Lacy R. Hi, Noli D. I’m talking about all of you, the people who comment and offer a fresh perspective on our work and sometimes even pushback. And most importantly, the victims of police malfeasance and brutality, who contact us and have the courage to tell their stories to us.

    And, of course, I include in this community, the people who gather for our live streams and join our premieres to discuss and learn from, and share it with all of us. I thank you for being here because it’s one of the aspects of independent YouTube journalism that I think our mainstream media counterparts and their pundits don’t understand. On YouTube, you don’t have an audience, you have a community. You have people who participate and people who expect you to do more than pose for the camera. They expect you to be active, respond, and be responsive beyond the confines of the story. And that is what’s so special about what I do. And seriously, it’s not just about me, it’s all of us. And I will say more about that later. But finally, one critical part of that community has finally decided to join us, Stephen, so kind of you to go out of your way to be here. We certainly appreciate it.

    Stephen:

    Taya, thank you so much. I was just wondering, did you like my song? Do you think… I thought it was pretty good, and I think maybe you have a new… I love the-

    Taya:

    Maybe you could save that for later and we could discuss it.

    Stephen:

    Okay.

    Taya:

    Maybe a little later.

    Stephen:

    You did call me Keith Richards and I was pretty pumped up about that.

    Taya:

    That’s not what I meant.

    Stephen:

    Okay. It wasn’t a compliment.

    Taya:

    That’s not what I meant.

    Stephen:

    Okay, well that’s fine. All right. I’m willing to accept that. But thank you for having me here. I’m glad to be here. I’m glad to be with this community and all these special people. And what a lineup, that’s an incredible lineup.

    Taya:

    I know. I’m so proud of the cast that we have.

    Stephen:

    That is Copwatcher All-Star Hall of Fame, whatever you want to call it.

    Taya:

    I completely agree.

    Stephen:

    I am totally pumped to hear what these people have to say about policing in America.

    Taya:

    Well, Stephen, before you arrived, we were talking about community. And one person who was part of this very interesting community is Colorado copwatcher, Eric Grant. And Eric is what one could fairly characterize as colorful. He has filed and won multiple lawsuits against various police departments, which has led to, among other things, First Amendment training and body cameras for those same departments. And he was also part of a landmark civil rights lawsuit that established the right to record police in the Tenth Federal Circuit. But Eric has also faced legal challenges. He pled guilty to threatening three federal judges and was sentenced to 12 years in prison in 2021. Now, lately, due to his good behavior, Eric was set up to be transferred to a halfway house, literally his last stop on his way to freedom, but then law enforcement stopped back. And for more on the rest of the story, I will turn to Stephen, who’s been looking into breaking developments regarding Eric. Stephen, can you share some of what you’ve learned with us?

    Stephen:

    Yeah, just recently over the summer, it’s interesting, a federal grand jury in Louisiana in the Southern District of Louisiana indicted Eric on account of harassment, interstate harassment. In other words, calling and harassing a law enforcement officer from Colorado to Louisiana. What was really questionable about this entire ordeal is the fact that he was indicted when he was pretty much ready to be released from his current situation in Colorado where he was going to be transferred to a halfway house. He’d already been put in a minimum security prison. And this indictment occurred over the summer, and then they just issued a writ of habeas corpus for it. They did not lay out what the charges were, like what particular incident.

    There is a video we found where James Freeman was being harassed in a park when he had camped there with his children by a park ranger. And Eric had called and supposedly, allegedly, and we’ll say allegedly at this point, made some threats. But it really is a questionable and curious timing because of how Eric… He’d been serving out a twelve-year sentence for threatening three judges in Denver and had had such good behavior that he was on the precipice of having some freedom at that point.

    And so it seems that some of the people he spoke to, like Abidy, Liberty Freak, feels like this was time to keep Eric in prison because the case, the incident date, goes back to 2019, in the summer of 2019, so this case is almost five years old. So the question is, why is this happening? It happened. They charge him right within the statute of limitations, the charges themselves, there’s one charge, there’s one count, can add another five years to Eric’s sentence. So, it really is a very difficult situation. And I think you’re going to talk a little bit about what happened when he finally ended up in prison down in Louisiana.

    Taya:

    Yes. Before I go on and share something from Eric, I wanted to say hello to Manuel Mata. He’s a copwatcher that we’re very fortunate to have with us. Manuel was going to turn himself in, but fortunately, they gave him time served, and maybe Manuel will be able to share a little bit more about what happened. We were very worried that he was going to be incarcerated for 180 days. So, we want to welcome Manuel Mata.

    Stephen:

    Yeah, welcome.

    Taya:

    Welcome back. And also of course to say hi to HBO Matt out there. Good to see you.

    Stephen:

    Oh, HBO Matt.

    Taya:

    Yeah, he’s out there.

    Stephen:

    Is he driving somewhere, or is he…

    Taya:

    Almost every time I’ve spoken to HBO Matt, he’s been in a car.

    Stephen:

    Every time you talk to that man, he’s driving.

    Taya:

    Seriously, he’s driving.

    Stephen:

    Pretty amazing.

    Taya:

    Yeah. So I’m going to share something now. I think it’s pretty obvious that in our prison happy society, we often forget how much of a toll incarceration can take on someone.

    Stephen:

    Absolutely.

    Taya:

    And this is particularly true for Eric, who as I said, through good behavior, had earned a degree of autonomy. And all of this was taken away when he was transferred to a state facility in Louisiana. So first, I want to read a letter from Eric describing the conditions in jail. And I want to thank, you Lacy R, for providing us this letter to share.

    Stephen:

    Yes, thank you Lacy.

    Taya:

    “In one word, this is horrid. I’m in my place now, it’s awful. There are 76 bunks stacked close in a big open room, just like Auschwitz concentration camp. The toilets are open along the wall, no privacy, showers the same. No curtain, no library, no books, no physical mail. It’s all scanned to the kiosk computer. In fact, the Monroe address is the right one. They scan it there. No law library. I’m literally the only white guy on my pod. For the first time in my life, I was deloused. It was mandatory. I guess that’s an issue here. They do not even provide underwear or socks. We have to buy them from the commissary. Can you believe that? Tablets suck, and cost is $1 per hour to use. Oh my God, Lacy, six months to two years, I am officially in hell. I might plead guilty just to get out of here. I’ll call you in a bit. Love from the Gulag. Vladimir Putin would be proud.”

    Stephen:

    Wow.

    Taya:

    That’s pretty powerful. Sounds terrible conditions. That’s St. Tammany Parish Jail I believe he was calling from. I mean writing from, excuse me.

    Stephen:

    Right. One of the things, we have this presumption of innocence, but when you’re put in basically a torture chamber, the presumption of innocence just literally evaporates. Because, as Eric said in his own letter, he’s like, “I’m going to plead guilty just to get out of here.” And I think that pretty much undermines the idea of justice, particularly in his case. And in many cases, he’s not the only person who suffers this way in prison. And I think prison is probably an important component of undermining the idea of presumption of innocence and the fact that you can fight back against the system of justice because if you are incarcerated like that already in what sounds like unbearable conditions…

    Taya:

    Absolutely.

    Stephen:

    … we see here why so many people plead guilty, and don’t really have the right to a trial. And the idea that you have a right to a trial is ephemeral when you’re sitting in jail like that. That is a very deserving-

    Taya:

    Something that I think is beyond anecdotal evidence is that prosecutors often stack charges in the hopes that you will plead guilty, prosecutors do want to win cases. And I’ve heard, and this is somewhat anecdotal evidence, but that people get punished if they try to take it to trial. If they fight for their innocence, then they’re doubly punished when it comes to sentencing if they dare do that.

    Stephen:

    This is my question, and this is an important question about this. Why five years later do they bring these charges? This is not a complicated case.

    Taya:

    Yes. This was a 2019 incident.

    Stephen:

    So if you’re investigating a murder or some sort of complex case with all sorts of trails of evidence, that’s not the case with this. This was a single phone call as far as we know. Now, we don’t know all the details of the case.

    Taya:

    We don’t know all of them.

    Stephen:

    But from what we know, it was one or two phone calls and some joking behavior by Eric because there’s that aspect of him. But why five years? Why did it take five years to investigate a phone call? And that’s what raises really troubling questions about this because Eric has spent a lot of time in prison. He has certainly done what everyone would want, someone who has to in some way make amends for his behavior if you judge it to be wrong. And he obviously, there’s a lot of discussion about that. But why, five years later, does Louisiana, does the federal system, suddenly indict this man, drag him out of Colorado down there, and put him in what would be abject conditions?

    Taya:

    Absolutely.

    Stephen:

    It does seem rather strange to me. It doesn’t seem like a case that would’ve taken five years to bring to trial.

    Taya:

    And in our conversations with Eric, because we’ve stayed in touch with him, he was working with some of the other inmates to create care packages and Thanksgiving for people. They were doing work for people outside of the prison. He started a men’s group. They were doing positive things.

    Stephen:

    I don’t want to necessarily have an opinion on this, but I think Eric has served his time at this point. If you agree that Eric’s behavior was wrong, he has served his time. To bring this up now, five years later, is to me, very questionable.

    Taya:

    Yes. And yes, Cajun Randy, he was in St. Tammany, and now he’s in Plaquemines. Yes.

    Stephen:

    Yeah, Plaquemines.

    Taya:

    We were also speaking to Eric from jail, as we mentioned earlier, and we asked him if there was anything he wanted to say to everyone. So, we’re going to play that clip now. Remember, we had been on the phone with him for 15 minutes, so we only had a few moments left, but I said, “Is there anything you want to say to people?” So maybe we can play that clip now.

    So, Stephen, I think Eric is a perfect example of both the benefits and pitfalls of cop-watching. But he’s also a unique character too, someone who had his own style, someone one could say was unorthodox, but he was also ingenious in the way he approached the process of YouTube activism. And that’s another part of YouTube journalism that I have grown to understand and embrace. It is completely creative.

    Stephen:

    Absolutely.

    Taya:

    We make the rules, so to speak. And I understand this from my own experience. And Stephen, I know when we were developing the show, it was both an organic process, but also collaborative. We took so many suggestions and ideas from you folks out there, like you Noli D, and translated them into reality. Stephen, it was almost like inventing a new form of journalism, and not to give ourselves too much credit, but…

    Stephen:

    Here’s the thing. This is very important to remember. We talk a lot about David Graeber, the noted anthropologist, and he always said that a bureaucracy of violence causes a dead zone of imagination. So, how do you respond to that in journalism? With journalism, you have to be creative. And that means that you have to turn on the creative juices to make it work. You can’t hold police accountable through the normal standard practices of journalism. When we were creating the Police Accountability Report, we had to turn everything on its head and say, “Look, we can’t approach this. We’re talking about a huge, massive, indifferent bureaucracy that really in places where it takes root, places like our own city, we see how it affects the psychology of the community.” And in that case, we had to respond in kind.

    We had to be where we create this so-called Dead Zone, as David Graeber said, we had to create a zone of creativity where we take a show and formulate it and say, “We’re not going to do the traditional journalism. I’m going to stand outside like a real…” Well, what am I going to say? I’m going to stand outside a lot, and I’m going to develop a persona around that. You are going to have your rants where you provide context, but also emotion because this is emotional for people. A lot of people love Eric. And it’s not just a simple thing we’re just reporting. We are engaged to the point where we feel the emotion, people. And I think one of my favorite things about the show is your rant at the end, which you’ll be doing today, which you have a great one coming up.

    Taya:

    Thank you.

    Stephen:

    Which no other person I ever know in journalists can do the way you do it, but you connect to the emotions of this problem. The people that we talk to, like Eric, their lives are turned upside down. And let’s remember that Eric started his protests against the mistreatment of homeless people in Denver.

    Taya:

    Yes.

    Stephen:

    So, we’ve responded in a way that I think we match. We want to be more creative than the people that are doing the bad deeds and the bad governance. Bad governance makes you less creative, but we’re going to be more creative. And that’s where this show came from, was like a fountain of creativity between me and you, and our audience, and Noli D and Lacy R, and Tom, and Laura, and people, all these people. Eric, Otto…

    Taya:

    And all the people that we met along the way, Otto, and Blind Justice, and so many others.

    Stephen:

    It’s a tradition in all movements of social justice to be more creative and to think of ways and new ways to fight power that is entrenched, and otherwise, it’s anti-creative. There’s nothing more anti-creative than policing in America the way it’s constituted. And in many ways, it seems to respond to complex social problems with simplified forms of bureaucratic violence. Well, we responded to that, and that’s where the Police Accountability Report came from.

    Taya:

    And I think that’s actually a perfect segue as I’m putting up some little comments up here.

    Stephen:

    Cool.

    Taya:

    A perfect segue to start rolling out our guests.

    Stephen:

    Please do.

    Taya:

    And I am so excited about this particular group because, as I said before, they are collection of independent YouTube activists, copwatchers, First Amendment activists, or whatever you want to call those who have simply made a difference, and not just a difference in my life or our show, but the people they have helped by telling their stories. Stephen, we often describe our show as the reverse cops.

    Stephen:

    Yes.

    Taya:

    And I’m sure you all know that that’s the infamous Fox show that tells of American law enforcement’s absolute fixation on the working class from the perspective of cops exclusively. And I would say we try to do the opposite. And I would say all our guests do the opposite. They center the victim, not turn people into victims like a show like COPS does.

    But let’s get started with our first guest and just one more housekeeping note, our hope for this, our hope for our celebration of our fifth year, we’re going to thank all of our patrons at the end, patrons past, present, and future, we’re going to thank them all, and I hope you’ll bear with me, to hear me thank you personally at the end.

    Now, we are going to stick to five questions per guest to make sure that they’re not trapped with us till one o’clock in the morning East Coast time. So we’re going to start, I hope you’re ready, and if you have questions, I will try to bring up one for the guest. I won’t be able to bring up a question for every single person in the chat, but I’ll at least try to get one for the guest. Okay. So first up is the most eclectic, an idiosyncratic YouTuber out there who has used humor as a tool and absurdity as a trope. His name is Otto The Watchdog and his battles with Royse Texas Police Department are truly epic. Take a look at this confrontation with Royse Texas Police.

    Stephen:

    You okay?

    So, that’s a totally lapsed time, right? Okay…

    PART 1 OF 5 ENDS [00:29:04]

    Taya:

    Okay. I’m not going to lie.

    Stephen:

    That is one of my favorite clips of a cop watcher.

    Taya:

    It’s a [inaudible 00:29:20] weird because I laugh every single time I watch that clip. I’m sorry.

    Stephen:

    It’s so understandable.

    Taya:

    Seriously, when he starts kowtowing to the police, it’s just that one police officer literally looks like he doesn’t know what to do, and he kind of like wanders away from Otto.

    Stephen:

    The thing about that clip to me that’s really interesting is Otto is really laying out the absurdity of police control over our space, how they try to police our geography. And he’s just showing them how literally absurd they are. And the funny thing is the way they reacted, they don’t know how to handle it. They don’t understand what’s being communicated. But I don’t want to go into that. I can talk about this for hours. Let’s get to Otto because-

    Taya:

    Right. So one of the reasons why we’re having him go first is that he also happens to be a good friend of Eric Brant. So we wanted to welcome Otto. Thank you so much for joining us.

    Otto:

    Hey, I’m happy to be here. Thank you.

    Taya:

    It’s great to see you. Now, I’m sorry to start on a somewhat sad note, but first we’d like to know your thoughts on Eric’s recent charges and whether or not the timing concerns you.

    Otto:

    Oh, the timing, yeah, that’s concerning. I think, like you said, the original phone call was like 2019, and here we are just now getting the charges, so they can file a charge and then just sit on it, so the statute of limitations doesn’t… Once they file it, the statute of limitations stops, and they can bring it up pretty much whenever they want to. And yeah, he was about to go in for a parole hearing and this guy is basically the mayor of the jail at this point.

    Stephen:

    Wow.

    Otto:

    So he had a really good chance of getting out. He was already in the process of relinquishing his authority within the inmate administration of the jail that he was in. So that’s pretty disheartening and it should be terrifying to everybody.

    Stephen:

    Yeah. Otto, I was wondering, I mean, Eric is resilient. I mean, we all know, he’s like one of the most resilient people I’ve ever met. But how do you think this is affecting him? Are you worried about him at all? I’m just wondering.

    Otto:

    Eric is pretty, he’s a tough guy and he’s been through a lot of stuff just like everybody else has, but everyone does have a breaking point. And if you don’t believe that you have one, just most people will get a speeding ticket and they will go and they’re like, “Oh, I’m going to fight it.” And then they find out that their court case was rescheduled and they end up just paying the ticket, because it’s too much of an inconvenience at that point. Okay? So if you’re willing to give up something that you know is wrong over a ticket, a small thing like that, eventually you will get beaten down. And that’s pretty much the goal. It’s not a bug of the system, it is in fact the goal of the system. That’s the whole point.

    Taya:

    Someone in the chat asked about you whether or not some of the cases that you had were resolved and if things had been resolved in relation to some of the difficulties the police had caused for you and your family. So maybe you could just give us an update on the status of your lawsuits against the police, who continued to pursue cases against you. Can you let us know if they’ve been dropped? Just give us an update.

    Otto:

    Yeah. If you were following my story, I was arrested a lot, a lot. I had a lot of charges. And for somebody who was arrested a lot and had a lot of charges, I have no convictions. Everything was dismissed. Of course, there’s always threats of imprisonment and plea deals and all of this and that. And like Eric said, he was thinking about pleading guilty just to make it stop. Well, that actually doesn’t work. You think it does, and then they slam you with something else, and that’s after, they can do enough things to you that you’ll want to plead guilty. And the hardest thing for an innocent person to do is to not take an easy way out and make a plea. Because they will make it sweet. But I have no convictions and all the lawsuits that I filed were successful, and we have settled out of court on all of my lawsuits against Rockwall, specifically. Some of my cases, the officers were entitled to qualified immunity, which we absolutely should overturn, because you and I would not be entitled to not knowing. You know what I mean?

    Stephen:

    Yeah. I mean that was in the fifth circuit and that they’re pretty pro-police. Well, let me ask you a question because what do you think the status of cop watching is now? Because you had to go through a lot of arrests and then you kind of turned to cop watching as a way to put it back on them. But where does that leave cop watching? I mean, we’ve reported on a lot of places where they are trying different types of arresting for ridiculous things like corners news, arresting for organized crime. Where does cop watching stand now in terms of what police are doing to fight against it?

    Otto:

    So they’re passing a lot of laws, trying to make active cop watching, following traffic stops as dangerous as possible without making it illegal. So now they’re putting distance requirements and things of that sort. So some of them are 10 feet as a guide and some of them are 10 feet as rule. And now Florida, I hear it once 25 feet, nobody’s carrying around a tape measure, so it’s all kind of subjective, right?

    Stephen:

    Right.

    Otto:

    And then it’s, “Hey, fight it in court.” And as we go back to my previous statement about getting a hundred dollars ticket, then it’s like, “Okay, well I’m just going to plead guilty to it because it’s easy enough to get out of this endless torment.” So they’re trying-

    Stephen:

    That subjective part really scares me.

    Otto:

    Everything’s subjective, Stephen, everything’s subjective.

    Stephen:

    True, true.

    Otto:

    If you’ve watched even five minutes of any one of these people that you’re going to have on your show today’s channel, you’ll know that you can be the most dangerous thing that the police can find in your car is that you’re innocent. That’s guaranteeing that you’re going to get a ticket. You know what I mean? You’re going to jail, buddy.

    Taya:

    Very well said. Very well said. You know what, I have a question for you, but first I just have to shout out, we’ve got some great cop watchers down here showing some love and support for the other cop watchers. Guess who’s down there.

    Stephen:

    Who?

    Taya:

    Munkay 83.

    Stephen:

    Oh.

    Taya:

    Munkay 83. Somebody down there, I think they said, “[inaudible 00:36:20] is not the same without you.” I think we might even have Joe Cool down there.

    Stephen:

    Joe Cool is legendary.

    Taya:

    Legend. So just shouting out some of the great people down there. And I think I saw Lady Liberty Press as well.

    Stephen:

    Oh. Awesome.

    Taya:

    Just wanted to make sure to say hello to you kind folks. You see some cop watchers in there, you might want to find out more about what they do in the live chat. You might want to go follow them and click on their channel after we’re done. But before I go any further about some of the wonderful things in the chat, Otto, I have to ask you a question that may seem kind of serious, but I was kind of wondering, after all you’ve been through fighting back against police and it’s really they were nuisance charges, but they made your life miserable, making you drive all the way across country to go to court and just putting all the stress in your life and the cost of money. So I’m just asking, was it worth it? Was this fight to hold police accountable worth it?

    Stephen:

    That’s a great question.

    Otto:

    Oh, that’s a loaded question. Was it worth it? Was it worth it to me personally as an individual? No. Absolutely not. I would not recommend anybody to go through that intentionally on purpose for yourself. But I do think, and as ridiculous as this might sound, I do think it was worth it for you. And for my kids eventually one day, I think it’ll be worth it to them. We don’t lose our freedoms in one fell swoop. We lose them in tiny little increments.

    Apparently we’re losing them about 10 feet at a time. And Florida just made it 15. So eventually it will be 50, and then it will be a hundred, and then it’ll be audio recordings are not allowed, and they’re going continue put restrictions on it. And I know that not because I’m Nostradamus or have a special book or a Magic 8-ball, because that’s what they do with every single thing else, we’re going to limit just a little bit. And then before you know it, you can literally, no shit, you can go to federal prison for the rest of your life over some things you bought on Amazon.

    Taya:

    That’s incredible.

    Stephen:

    [inaudible 00:38:37].

    Otto:

    Some things you buy on Amazon.

    Stephen:

    Otto, was Nostradamus, was he a cop watcher?

    Taya:

    16th century.

    Otto:

    Yes.

    Stephen:

    Oh, he was?

    Otto:

    Yeah. I mean, he-

    Stephen:

    I just wasn’t sure.

    Otto:

    He rubbed the government wrong. And that’s a common theme.

    Stephen:

    Nostradamus would’ve made a hell of a cop watcher. Just saying.

    Taya:

    Well, Otto-

    Otto:

    Well, generally, actually, we are kind lucky to be able to do what we’re doing-

    Stephen:

    True.

    Otto:

    … with as much as we’ve gone through individually and as a group, we are kind of lucky that at least we’re not actively being shot every day on the street, but a lot of men did get shot in the street so that we could do this. And if we don’t continue to stand up and push back against the encroachments, then we’re not going to have the ability at all.

    Stephen:

    I think that’s great.

    Taya:

    Otto, I think you’re absolutely right, and like you, I would never suggest to someone that they put their freedom on the line like that, especially if they have family that they’re concerned about. But I understand how important it is to stand up for your rights. And there’s a certain point where if we don’t make the individual decision to stand up, no one else is going to do it for us. So I’m really, it’s amazing that you led by example in that way.

    Stephen:

    Let me say this, Otto, we appreciate and we are grateful that we’ve been able to cover you and allow us to tell your story. So we want to thank you for that.

    Taya:

    Thank you. We do.

    Stephen:

    Because that is a wonderful thing that you’ve been willing to share all of this, so people can understand what’s at stake and why it’s important. And without your story and other people’s stories, we would not be able to tell that story. So I just want to say thank you as a reporter. I appreciate it.

    Otto:

    Hey, I want to say thank you guys for everything you do, for telling the stories, because if nobody tells the stories, then there was no story to have.

    Taya:

    They’re very true. And I think finally some of the folks in the mainstream media have realized that cop watchers exist. So that’s a nice change of pace. We were a little ahead of the curve, maybe by five years.

    Stephen:

    Five years.

    Taya:

    About five years, we were a little ahead of the curve.

    Stephen:

    That’s why we’re here. That’s what we’re here for.

    Otto:

    For sure.

    Stephen:

    [inaudible 00:40:53].

    Otto:

    In the [inaudible 00:40:55] of things, cop watchers won because now everybody, the first thing that happens is everybody pulls out their phone.

    Stephen:

    Very true.

    Taya:

    Absolutely. Absolutely.

    Otto:

    We won.

    Stephen:

    Without fear.

    Taya:

    Beautiful.

    Otto:

    Without fear, right. Everybody knows their IDs now. Y’all have to show you my ID. Everybody knows to record their traffic stops.

    Taya:

    Yes.

    Otto:

    Everybody knows what to do with it, and the cops do too, right? We’re going to record that shit and put it on TikTok or YouTube.

    Taya:

    Beautiful. And what a perfect and inspiring way to end your segment, Otto, I wish we could keep you on this whole time, but we have some other awesome people waiting in the wings, so I just want to thank you for joining us-

    Stephen:

    Thank you, Otto.

    Taya:

    … for our fifth year anniversary, and just we appreciate you so much, Otto.

    Stephen:

    Thank you. Thank you.

    Otto:

    You have a good one.

    Stephen:

    You too.

    Taya:

    Take care.

    You know what, that was Otto. Fascinating and really insightful as always.

    Stephen:

    Yeah. As always. He’s great guest.

    Taya:

    Now our next guest truly needs no introduction. As I said before, he has built one of the largest cop watcher channels, reporting on police abuse across the country, and he has done it with his own distinct style and voice. And his videos get millions of views. You might recognize him. Take a look.

    Stephen:

    Oh. Sorry, sorry. Thank you.

    Taya:

    Don’t forget to check that screen to make sure you’re not on it before you.

    Stephen:

    Yes. Okay.

    How’s the chat?

    Taya:

    Looking good.

    Stephen:

    Do we call him Dale? Do we call him Dale?

    Taya:

    I’ll ask. So without further ado, we would like to welcome LackLuster to the channel. LackLuster, thank you for joining us. Should we call you Dale or should we call you LackLuster? How should we-

    Dale:

    Either way is fine.

    Taya:

    Either way is fine.

    Stephen:

    Wait, I just have to ask you, did you sample that body camera sound, the [inaudible 00:43:53]?

    Dale:

    Yeah. Actually it’s probably one of the worst samples I could have picked up.

    Stephen:

    That is brilliant.

    Dale:

    I know Stephen loves that.

    Stephen:

    As someone who’s watched a lot of body camera footage, when I heard it, I was like, I know that sound, that sound. I wonder-

    Dale:

    Every commercial has a little jingle or something like [inaudible 00:44:10] at the end, [inaudible 00:44:11] the body cam was pretty distinct.

    Stephen:

    Is that meant to tell cops that they’re on camera? Is it to remind them or why did the body camera have that? I don’t even know.

    Dale:

    As far as I know, I am not a hundred percent sure, but as far as I know, yes, it’s just a reminder in case they forget to leave it on, [inaudible 00:44:31] turn it off.

    Taya:

    I was going to say something a little saucy, but I’ll keep that to myself. So first I’m just curious from your perspective, are police changing their behavior or are you getting just as many calls for help as before? What are you seeing?

    Dale:

    Yeah, it is kind of difficult. I’ve personally seen a large shift in the behavior of various law enforcement agencies across the country. I’ve had insurance companies that represent those companies reach out to me for tips on how to keep their guys out of the litigation. Things like that are happening, but it’s one of those occupations where there’s a high rate of attrition, so people are always coming in, getting kicked out or just bouncing around to different departments. So I think we’re always going to see new people that don’t understand what’s really happening out there. And unfortunately, most of these new guys are 20-year-olds and nothing, no offense to any of the audience out there that’s still very young, but when you’re 20, you don’t know shit. Excuse me-

    Stephen:

    Good point.

    Dale:

    … and then you have all this responsibility and power, and that corrupts the best of [inaudible 00:46:01] and I know I certainly wasn’t at my best in my 20s, so.

    Taya:

    Neither side of [inaudible 00:46:08]-

    Stephen:

    I kind of wonder if you’re driving you pulled over and you say, “Well, if you do something wrong, you’re going to be on LackLuster channel.” Do you think cops are aware of it now, where they’re like, “Oh God, I don’t want to end up on LackLuster channel”? I mean, because you’ve gotten so big.

    Taya:

    Seriously.

    Stephen:

    Do you think there’s behavioral adjustments going on out in the field because of what you’re doing?

    Taya:

    I know, I hope there are.

    Stephen:

    I think so.

    Dale:

    Yeah. There’s a couple of videos on the channel where people have made mention of the channel like, “Hey, this is going to end up on LackLuster,” so that’s [inaudible 00:46:38]-

    Taya:

    That’s awesome.

    Dale:

    … fun for me, of course. But I don’t know if it’s going to affect any. It might even make them worse, might make them perform for the camera, if you will.

    Stephen:

    Well, you say people would shout “World Star” before they do a video, now-

    Taya:

    Oh, that’s right.

    Stephen:

    … like if a cop comes, I’m just going to shout, LackLuster.

    Taya:

    LackLuster.

    Dale:

    [inaudible 00:46:58].

    Stephen:

    Just a thought.

    Taya:

    Oh my Gosh.

    Dale:

    We also see too. I’ve never asked my audience to do anything with their time. Well, maybe to speak their mind or something like that, but never anything specific, never any direction on where to go with, where to speak their mind. But I do post Facebook links in the description of my videos and Twitter sometimes if they have it. And I’ll see often in those comment sections, they’ll say, “You got LackLuster,” because they’re just [inaudible 00:47:35].

    Taya:

    That’s excellent.

    Stephen:

    That’s cool.

    Taya:

    That’s so excellent. Something I wanted to ask you about that I saw is this project that you seem to be working on, I think it’s with Long Island Audit. It seems like you’re trying to give people a way to literally have a lawyer in their pocket. Do you want to talk a little bit about that?

    Dale:

    Yeah, sure. Attorney Shield, it’s up, it’s running. It’s on iOS and Android.

    Taya:

    That’s great.

    Dale:

    We kind of did a little soft rollout because apps are extremely difficult to build and we’re not using any APIs at all. We built all the software, I mean, I had nothing to do with building a software. I don’t know how to do any of that. But we’re making everything our own, so that when we need to do something, nobody can shut us down first off, that’s number one. Amazon can’t shut us down or whoever else. Nobody can shut us down. And anytime we want to build, we know the code inside and out. So that’s great. But with that, that makes it a lot harder to build.

    So we did kind of like a quiet, soft launch. So the people watching right now obviously will know that it’s actually up and running. But we’re waiting. And we’ve had a few interactions. Some have gone very well, some have not. And not like they’ve gone bad for the person because they’re using the app or anything, but we’re working with some of them. Most of them want to remain anonymous because that’s most people don’t want to be on the internet. But hopefully we’ll be able to share some of those interactions pretty soon and show you guys how the app works, because it’s pretty awesome if you ask me.

    Taya:

    Oh, you know what, I just have one more question before, I know you want to jump in, but I have one more question for you, Dale. So this is something that we discussed prior to the show, but you were telling me that people are already using AI to duplicate your work. Can you just talk a little bit about that and what you’re doing to fight back? Because there’s so many different ways that AI is going to be affecting the future of people who are trying to put out content, whether you’re a cop watcher or any other type of content creator. But I think it’s especially dangerous for cop watcher.

    And one of the things I’ve noticed is that there’ve been some body camera channels that have popped up, and I’ll say allegedly, or one could say that they look like they are fed directly by police departments as a form of propaganda to kind of counter the narrative that we’re seeing when people actually hold their cell phones up and have real life encounters with police. So it does seem like they might be somewhat cherry-picking these encounters. So I just want to know how you’re handling AI, how it makes you feel, what you’re trying to do to fight back, anything along those lines.

    Dale:

    Sure. Well, the biggest push I’ve seen so far, it isn’t necessarily AI all the way. I’m seeing a big push from foreign countries blasting out YouTube channels with police interactions. And a lot of times they’re just taking my video, my script. They’re transcribing my script and running it through an AI voice, and then running basically somebody else’s voice over my editing and blurring out my logos. So that’s all over the internet, and there’s very little I can do about it. I can copyright strike it, but I’m still a one-man team, I have no employees. I need an editor, but it would be a full-time job to try to track down all the people doing this. But my biggest concern with it isn’t really for me or the channel because the channel’s going to be fine.

    Stephen:

    Okay. Sorry.

    Dale:

    My biggest concern is that the channels that are doing this aren’t even from the United States. So they really have no stake in the game. They don’t care what happens to the victims. They don’t care what happens with the police forces. I mean, maybe they might in some relative way or something, but because they’re not living in America, they don’t care. It doesn’t affect them. They’re for money. It’s a pure grift, a hundred percent. And that’s kind of bothersome because I think my work has, I don’t know, terminated, suspended dozens and dozens of cops, raised hundreds of thousands of dollars through GoFundMe for victims, things like that. That’s something you’ll never see from the foreign agencies making these videos. So I don’t know. It’s interesting.

    Stephen:

    Speaking of that, and that is absolutely terrifying and distressing that foreign countries are using this to some sort of entertainment fodder to get YouTube revenue basically, I’m assuming. But where do you see cop watching now as a practice and art form, whatever, where do you see it headed at this point and what’s happening to it? Where do you see it now?

    Dale:

    I don’t know. It could be very interesting. We got Trump talking about pushing more qualified immunity and getting rid of… I think he said something about people filming the cops recently, and I can’t recall it.

    Stephen:

    Really, he specifically. Wow.

    Dale:

    I know he said something about qualified immunity and making it, increasing it.

    Stephen:

    That’s true. That’s true.

    Dale:

    Yeah. I think it’ll be very interesting. We live in unprecedented times. This is truly an amazing period that we get to live through. And I don’t know, I mean, AI could ruin everything we’ve worked for or it could-

    Taya:

    So true.

    Dale:

    … make it 10 times better depending on who’s working on it and [inaudible 00:53:41] working on it. So it’ll be very interesting to see.

    Stephen:

    It’s a weird thing to think about because 10 years ago, you probably couldn’t have done what you’ve done and had the impact and the influence that you had. That’s been a benefit of algorithm [inaudible 00:53:53] technology. But then on the other hand, AI is a really sort of treacherous path there, and it might not be the same thing. It’s weird to think about in that sense.

    Taya:

    Actually, I’ve been spending every other night working on this piece that I’ve been writing and writing and writing about my experience at this journalism conference when I said, “Oh, why don’t you try all these wonderful AI tools?” And so I’m looking at these AI tools and I’m like, well, some of them are interesting, but some of the ones that I was being given for free, I was like, wait a second. They just want to learn how my brain works. They just want to learn what I know so that they can replace me so that a newsroom that would normally have a hundred people in it now are only going to have 15 miserable souls running around in circles, prompting the AI and trying to find out whether or not the latest social media video is a deep fake or not. And it’s just going to be like a hamster wheel nightmare.

    So my concern isn’t that AI couldn’t be used for good and couldn’t be used to benefit creators. But if I know anything about the current system that we’re in, those with immense wealth, these technocrats are going to grab ahold of it and they’re going to use it to extract even more wealth from us, even more wealth from our society. These technocrats already ignore legal norms. They already exploit the working class, and it’s actually going to diminish the power that we have as laborers to come together. I’m actually a union steward, so if you eliminate all the laborers, then we don’t have any power against these folks, against these corporations. And so what I’ve noticed is what they’re most likely going to do is use it to replace human beings and to make labor as cheap as possible. And there’s just going to be a wide swath of people that are losing their jobs all over the place. Because what I’ve noticed with AI is that it’s replacing the things we love to do. Stephen loves making music. No comment on his music. He loves making-

    Stephen:

    That was [inaudible 00:55:48].

    Taya:

    It was a great song.

    Stephen:

    Thank you.

    Taya:

    He loves making music.

    Stephen:

    [inaudible 00:55:51].

    Taya:

    He loves writing. I like writing. We like making videos. I love doing voiceover work. I love doing narration. That’s all stuff that’s being replaced by AI. People who do art, hand drawing things, come up with cool styles, that stuff, the computers are doing all the stuff we actually like doing. Even actors, the people who are doing the behind the… They’re the ones in the background. People who spend like 20 years like playing zombies in the background of the movie because they love doing it-

    Stephen:

    You’re worried about zombies now, you bring zombies in this.

    Taya:

    I’m worried about the zombie actors, Steven.

    Stephen:

    Okay. Ask him the question.

    Taya:

    I think I started ranting.

    Stephen:

    Yeah. This is not the rant part. This is the part where you ask our guest questions so they can-

    Dale:

    No, it’s [inaudible 00:56:32].

    Taya:

    I’m sorry. The question is, Dale, do you see a horrifying dystopian future where we’re all going to have to ask the-

    Stephen:

    It’s very loaded question. That is not an objective question.

    Dale:

    No, absolutely. I don’t know if you guys watch what Nvidia puts out. They make all the microchips and GPUs and all that fun stuff, but technology advances. They used to say anyway a thousand times per year, and now he’s saying the CEO of Nvidia saying with whatever they just created, that it’s going to be more like a million times per year.

    Stephen:

    Moore’s law. Moore’s Law used to be the capacity-

    Taya:

    Oh, yeah. That’s right.

    Stephen:

    … of a chip with double every two years. And now, yeah, can you be more exponential? I think it is more exponential, yeah.

    Taya:

    Yeah. It’s absolutely horrifying. Can you say one last thing about AI?

    Stephen:

    No.

    Taya:

    Please.

    Dale:

    Yeah.

    Stephen:

    Yeah. That’s Dale. He’s the guest. He’s gonna-

    Taya:

    Dale, may I say one last thing about AI please?

    Dale:

    Absolutely.

    Taya:

    Okay. So what I’m concerned about is my one hope was that this AI was going to be self-limiting because at a certain point, there’s just not going to be enough energy and not enough storage for all this AI to work. And that’s why it worries me that former CEO or current CEO Sam Altman is walking around hat in hand to all these petrol companies to make sure that there’s going to be an endless supply of energy for AI. So the one hope that it might be self-limiting, he’s absolutely trying to destroy, despite the fact that he had gone on record saying, “Gee, I’m kind of worried what we might’ve unleashed out of Pandora’s box.” And then he goes around and he’s like, “Let’s make sure it can never be turned off.”

    PART 2 OF 5 ENDS [00:58:04]

    Taya:

    … Pandora’s box, and then he goes around and he’s like, “Let’s make sure it can never be turned off.” He’s trying to build Skynet, as far as I’m concerned. Okay. Last thing I’ll say about it>

    Stephen:

    Well, and we talked about this with my editor. Dale, do you think RoboCop is the next step on policing? Are one day we going to get pulled over by a robot, and you’re going to have to turn your channel into a RoboCop channel, I guess?

    Dale:

    Yeah, absolutely. LAPD is already working on some robot that deploys from a police cruiser, and comes to your window, and then connects through Bluetooth or Wi-Fi, or whatever. You don’t even go face to face with a human anymore. You’ll be a little R2D2 thing, and a screen.

    Stephen:

    That’s just-

    Dale:

    Probably, it’s supposed to be a human on the other side, but-

    Taya:

    Oh, my God.

    Dale:

    … how long that lasts.

    Stephen:

    Wow.

    Taya:

    I think in New York they were getting the robot AI dogs, and then they had something that looked like a little trash can.

    Stephen:

    Right. Dale, thank you

    Taya:

    Dale, I have been given the signal that I definitely should let some of our other guests come on, and I need to stop talking about AI.

    Dale:

    Yeah, sorry to the production team. I was clicking buttons, and I didn’t know what some of them did, and I think I-

    Taya:

    You popped up a two-cipher. It’s all good. We were happy to see you.

    Stephen:

    Yep.

    Dale:

    All right.

    Stephen:

    Dale, thank you so much-

    Taya:

    Thank you so much for joining us.

    Stephen:

    … and congratulations on all your amazing work and-

    Taya:

    We love it.

    Stephen:

    … the success of your channel. It’s inspiring, to say the least.

    Taya:

    Absolutely. Thank you for what you do to help educate people. Because you do a terrific job-

    Stephen:

    You do.

    Taya:

    … adding the law to it. A lot of people, myself included, don’t realize the legality, some of the finer points of these police stops. You’re really helping educated people, me included, so thank you.

    Stephen:

    Thank you, and thank you for coming on.

    Dale:

    [inaudible 00:59:37] time, I appreciate it.

    Taya:

    All right, you take care.

    Stephen:

    Take care.

    Taya:

    Wow. I’m so glad we got to talk to him. We’re about to have someone very special coming up.

    Stephen:

    Mm-hmm.

    Taya:

    We’re about to be joined by a true original, a man, whose blend of satire, critique, and sometimes even absurd antics, makes him an impossible act to imitate. Take a look. Whoops. I did not need to put that up there. This man is a committed, independent journalist, who’s recently focused on the courts, to expand his efforts to hold police accountable. I’m, of course, talking about the man, the myth, the legend, James Freeman. James, thank you so much for joining us.

    Stephen:

    Thank you, James.

    James Freeman:

    Oh, I had it muted. Sorry. Hey guys, thanks for having me on the show.

    Stephen:

    I mean, those are such fascinating videos you do-

    Taya:

    Yes.

    Stephen:

    … because it exposes the absurdity of how police control space. Every time I watch them, I learn something new about them.

    Taya:

    I love it.

    Stephen:

    Just because when you juxtapose those roles, it reveals how those rules really operate on us, in ways psychologically we don’t think about. Every time I watch them, I’m like, “Wow, this is really like… this should be… I once read a book about 20th century theory of police power. James has actually explained it in a better way than reading a 200-page book. I just should have watched your videos, instead of reading certain things.” It really, it’s pretty phenomenal.

    Taya:

    I completely agree.

    James Freeman:

    Thank you.

    Stephen:

    Yeah.

    Taya:

    James, first to start off on something a little less fun first, I wanted to get your reaction to Eric’s latest indictment. I know you know him well, you’re friends. If you don’t mind sharing with us what your reaction is.

    James Freeman:

    It’s sad, it’s disappointing. Honestly, I still continue to get shocked by these people. I continually say, “I think I’ve seen everything.” This is what we can expect from them though, they’re terrorists, and that’s what they do is they terrorize people. Especially people like Eric Grant, he is still a very strong voice, whether he’s outside of the cage, or inside of the cage. Like you guys talked about, he’s been very successful at continuing to help other people, while he’s in. Eric has never been a threat to anybody. The reason that he’s in jail is because he allegedly made threats, allegedly made threats of violence. Eric isn’t dangerous, because he would violently attack someone. Eric is dangerous to the government, because he tells the truth, and he shows the truth.

    Taya:

    Well said.

    James Freeman:

    There’s nothing more dangerous than that, to them.

    Stephen:

    You make a really good point, because allegedly Eric was in Colorado when he is making these threats. But again, I want to ask this question again, because this is a very important question. Does the timing of this indictment-

    Taya:

    Yes.

    Stephen:

    … raise any questions for you?

    James Freeman:

    It looks like they had it planned all along.

    Taya:

    Wow.

    James Freeman:

    I mean, he was about to get out, and they knew it. That’s, again, this is sadistic. This is plotted out. I guess we would call it premeditated even. I don’t see it as shock. I mean, they continue to shock me actually.

    Stephen:

    Wow.

    James Freeman:

    I don’t think it’s a coincidence at all. I think they had it all planned out and said, “You know what? Let’s get him to where he’s got a glimpse of hope, and then let’s crush him.”

    Stephen:

    That’s really-

    Taya:

    Absolutely. First, let me just say thank you to some of the new subscribers we see here, and some of the great live chat donations. We really appreciate those super chats.

    Stephen:

    Absolutely.

    Taya:

    Hi to Matter of Rights, who’s one of my Patreons. We appreciate our Patreons, so hi, Matter of Rights. Okay. I had to make sure to do that.

    Stephen:

    Okay.

    Taya:

    I have another question. I’m multitasking.

    Stephen:

    Okay, fair enough.

    Taya:

    I had another question about Eric’s style. Some people feel that Eric’s style, just as doing his protests. Some people would say they were performance art. Some people would say they’re very creative. Other people would say it’s overly aggressive, loud, intrusive. How would you characterize it, and how would you defend it, if you would choose to defend it?

    James Freeman:

    Oh, that’s an excellent question, because early on when I had started my channel, there were lots of people who commented both on my channel and on Eric’s, and said, “James would never work with Eric, because of the way he acts.” I made a special point to go out of my way to travel, to work with Eric, and told people, “Look, just because I don’t do things the exact way somebody else does, we need all different types. What Eric is doing is very important, and to be quite frank, I don’t want to do it.” I’m glad he was. He mentioned to me, when I went out there, he said, “I’ve done activism for so many years, and I never got any attention on anything that I was doing, until I started using that four letter word that starts with F, and all of a sudden everybody’s paying attention to my stuff.” I mean, he was effective at doing what he wanted to do.

    Taya:

    Well said.

    Stephen:

    I mean, it’s so fascinating, because we interviewed him about that, and he was talking about how many years he tried to break through the noise.

    Taya:

    Yes.

    Stephen:

    Then once he did, it’s a fascinating tale, because really he was calling attention to a grave injustice that homeless people were being abused, that the criminal justice system, that judges had serious problems, and conflicts of interest, and no one paid attention. Then when he finally got people to pay attention, suddenly they start indicting him. I will say that what he said in some cases, was offensive to me. But there are people that make threats like that all the time, and it’s not uncommon. It seems like, I think there’s a lot to what you say. Could you expand on that? Because really, was it the threats, or the threat of Eric’s truth that was the problem?

    James Freeman:

    I really don’t even think that what he said was a threat. I even articulated to people, I was quite disgusted by it too, but I don’t believe it was a threat. His wording specifically, I don’t think-

    Stephen:

    Thoughts and prayers, thoughts and prayers.

    James Freeman:

    Right, and if you know him, he’s atheist-

    Stephen:

    Right.

    James Freeman:

    … so prayers to who?

    Stephen:

    It’s really fascinating, because he would say thoughts and prayers, so in a way… because Eric’s uncannily brilliant on things. Look, we’re doing a documentary, a very long form piece.

    Taya:

    Yes.

    Stephen:

    I have gotten to know him, and when he was doing, he’s commenting on that idea of thoughts and prayers, when people get shot, and someone says, “My thoughts and prayers,” and I feel he’s at the same time satirizing, as he is criticizing.

    Taya:

    Yes.

    Stephen:

    Am I getting this right, you think?

    James Freeman:

    I think you’re right, and his genius is beyond what I think a lot of people comprehend. Yeah, I think you nailed it.

    Stephen:

    Yeah. I mean, look, he is complex as they come, and there are many different ways to look at him, but sometimes when I sit down, and I was listening to some of those, because I had listened to them reading the recording, and thoughts and prayers, I’m like, “Well, Eric’s also making a commentary within this, that is quite brilliant in many ways, because it’s an empty phrase.” Right?

    Taya:

    Absolutely.

    James Freeman:

    Yes.

    Stephen:

    It’s an empty phrase. We’re saying, “We’re not going to solve a problem. But we’re going to share our empty thoughts and prayers.”

    Taya:

    Absolutely.

    Stephen:

    Eric was couching in that, and I’m like,” “Wow. You’ve really got to be careful of making quick judgments about Eric’s behavior, or what he says, because there’s always layers to it.” I’m sure that you found that out too, James. But let me just move on to one thing, because the courts-

    Taya:

    Yes.

    Stephen:

    … you know, you have spent a lot of time holding courts accountable. Why is that important, and why do people ignore it, at their peril?

    James Freeman:

    I think the courts are far more out of control than the police. When I first started my channel, that was where I actually put a good amount of attention. Then I realized that it was such an uphill battle, that I was going to win absolutely nothing on, that I stepped away from it. I don’t think the people were ready for it. But I want cameras in every courtroom, the way that cameras should be on every police interaction. To be quite honest, I don’t really care how it gets done. There are courts now, like the Ninth Circuit of Appeals, for example, has their own YouTube channel. They live stream almost all, if not all of their hearings. These things are supposed to be public.

    Stephen:

    Agreed.

    James Freeman:

    They’ve always been supposed to be public. Back in the day, the whole point of a court recorder, the guy who sits there and writes, or types what’s going on is because nothing that’s going on in there is supposed to be a secret. It’s all supposed… and so basically to me, they’re just behind on the times. We have far more advanced technology than a freaking typewriter, to document what’s going on in the courts.

    Stephen:

    Are you sure?

    Taya:

    Well said.

    Stephen:

    Than a freaking typewriter.

    Taya:

    Right, right, or having a courtroom sketch artist.

    Stephen:

    Oh, God.

    Taya:

    I mean, something that absolutely drives me crazy in our Maryland courts is that we can’t record. I mean, it’s terrible.

    Stephen:

    You know what’s a perfect example of that? James, is that you were broadcasting Eric’s sentencing-

    Taya:

    Oh, that’s right.

    Stephen:

    … and that judge went down some passive illogic, that had just still astounds me to this day, when I listened to that. Had you not done that, it would not be out there-

    Taya:

    That’s right.

    Stephen:

    … accessible to people to hear the audacity and the absurdity of his logic, when it came to sentencing Eric. You know? I appreciate that.

    James Freeman:

    Yeah.

    Taya:

    Absolutely. It was really important, in particular, because that judge, Judge Hoffman, who also wrote a book called The Punisher’s Brain-

    Stephen:

    That was just bizarre.

    Taya:

    … who went into this entire speech about how there’s four different types of justice. There’s retributive justice, and all this, rehabilitative justice. Then he says, he’s talking about it, and he’s talking about how he doesn’t want to give retributive justice, and then he immediately gives vengeful retributive justice. It was astonishing to me.

    Stephen:

    Right, on top of that, the whole thing is on Zoom, and then he’s like, “But don’t publish it. Don’t let anyone hear it,” even though it’s already on freaking Zoom. Which to your point, James, is the lack of… the actual cognitive dissonance of the legal system and judges. Yeah, I’m on Zoom where anyone can join, but God forbid you put it on YouTube, so the general public can hear it? That makes no sense.

    James Freeman:

    I think what it is too, is it comes down to controlling the narrative.

    Stephen:

    Yes.

    James Freeman:

    I can publish it on my channel, but you can’t publish it on yours.

    Stephen:

    Right.

    James Freeman:

    It’s about controlling the narrative, I think.

    Stephen:

    It is so much about controlling the narrative. It is so much about self-justification, and I think Eric and James had brought up, we focus on police accountability. But my God, the judiciary operates, as you said, and you’ve already said this, so I’m repeating it, but I want to say, with emphasis, that I’ve witnessed so many things in courtrooms, that are far worse than a traffic stop. You know what I mean? I’ve seen judges put people in jail for absolutely nothing.

    Taya:

    You’ve seen drunk judges on the bench.

    Stephen:

    I’ve seen drunk…. all sorts of stuff. It’s shameful, because judges are just so empowered, and are so imperious when you’re in court. I think, James, you’re right, but it’s a much harder branch of government to fight, because they really have archaic methods. You can’t have a camera in a courtroom. I’ve literally been almost arrested for opening my cell phone, when I’m trying to report on a case.

    Taya:

    Right.

    Stephen:

    The judge is like, “What are you doing with that cell phone?” The bailiff comes over, and they’re all so pleased with themselves that they’re controlling you, to the point where you can’t really cover what they’re doing.

    Taya:

    Yeah.

    James Freeman:

    Yeah, and I think, I usually don’t… actually, I really never like looking at government for a solution to a problem. But I think the problem though is that the legislature has essentially granted the court’s power to make their own rules in their courtroom, but it’s gone too far. I think it’s going to need to come down to the legislature writing something, saying, “No, these are some things that you can’t restrict, in setting some boundaries.”

    Stephen:

    I agree.

    James Freeman:

    I mean, I thought that was the whole point of a system of checks and balances, that the different didn’t work together, but quite literally worked against each other, and said, “Wait a second. You’re wrong. We’re going to step in and kick you in the butt.”

    Stephen:

    I mean, I agree, because usually an administrative judge can say… as you know, in your fight with New Mexico courts, the administrative judge has all this power to do all sorts of crazy stuff, that without proper oversight, or checks and balances, can just get out of control.

    Taya:

    Yes. Absolutely. James, I had another question for you, and I know it’s somewhat broad, but I wanted to know what you’ve learned about American policing, over your years of covering it from your viewpoint, your unique viewpoint, what stands out to you? What are the lessons James Freeman learned from covering police, in the unique way that you have? I know it’s a big, a broad question. I’m sorry.

    Stephen:

    Yeah. Sorry.

    Taya:

    I’m sorry.

    Stephen:

    Sorry, we’re putting you on.

    James Freeman:

    No, no, no. That’s all right. I’m trying to think. I think that some of my best videos that have exposed, to other people as well as myself, how police really are, is that it seems that once a man is told that he has power or authority over other men, that he just does things that are completely unnatural. That video that you showed, for my intro, of me walking up to this guy, I don’t know who he is. I’ve never met him in my life. I’ve got no reason to interact with him, at all. If I do, as a normal human, I should just say, “Hey, hello, how’re you doing?” But to walk up to another man, and just start demanding things, and trying to take control over that person, it’s sick, it’s wrong. But these people have been told that… they’ve got it in their head, that they literally have a right. They have the authority to just arbitrarily control everyone around them.

    The whole point of asking someone to disarm themselves, or trying to disarm someone, it’s all about gaining power, being the most powerful person in the room, and establishing that dominance over everybody, the moment you walk in. In doing it, honestly, it’s a character that I play, but man, I’ve gone back, after doing it going, “That is sick.” I was even disturbed by the fact that this cop let me do it. Most of the people in the comments are like, “Man, this is the nicest cop ever.” No human should tolerate that from another human. It’s wrong.

    Stephen:

    That is profound. That is truly profound. I think, I mean, because James, what you point out is we take police power for granted, and we pretty much have all been indoctrinated into accepting the fact that an individual can walk up to us and say, “Stand over here.”

    Taya:

    Absolutely.

    Stephen:

    “Tell me this. Give me your ID,” that kind of stuff. I think that’s why your videos are so important, and vital, in many ways, because you really do bring that… there’s not many people who have been able to so starkly illustrate the effect of police power, and especially police overreach. We appreciate you, and thank you for coming on.

    James Freeman:

    Thank you.

    Taya:

    Yeah, absolutely. I just wanted to make sure, James… do we have to go to our next guest?

    Stephen:

    We really do.

    Taya:

    We do. James, I hate letting you go, because I want to pick your brain, and especially you know me, I really want to have a follow-up conversation with you. When you say you don’t like to look to government for a solution, I really want to have a follow-up conversation with you about alternative solutions.

    Stephen:

    That would be for-

    Taya:

    We’re going to have to have that conversation sometime.

    Stephen:

    Yes, we will.

    Taya:

    Okay?

    Stephen:

    But we appreciate it. Thank you for coming on and celebrating our fifth anniversary with us.

    Taya:

    Yes, we appreciate it so much.

    James Freeman:

    Thank you guys, and congratulations, and thank you for everything you’ve done for this five years. I’m happy for your guys’ anniversary. Thanks.

    Stephen:

    Thanks.

    Taya:

    Thank you.

    Stephen:

    Thanks.

    Taya:

    We really appreciate that. Oh, that’s great. It’s always good to see.

    Stephen:

    Absolutely.

    Taya:

    Now our next epic cop watcher, our guests are continuing one, by one, by one.

    Stephen:

    This is amazing, that we’ve talked to, and we have still legends to come.

    Taya:

    I know. We have more to come, more legends to come, you guys.

    Stephen:

    We’ve talked to legends. It’s amazing to me, it really is.

    Taya:

    Now, our guests, honestly, they really don’t need an introduction. In a world where cop watching can sometimes become almost too over the top, the Battousai stands out for his measured, and almost understated approach, but is one that sure gets results. Let’s take a look. Okay. Hey, Philip, best known as the Battousai. Thank you so much for joining us.

    Stephen:

    Thanks for being here.

    Otto:

    Hi. Thank you for having me.

    Taya:

    We really appreciate it, and I know you’re always asked this question, but I just want to make sure, for the people who might not be familiar with you. One of the reasons why you are so well respected in this community, is because you have actually made case law to protect people’s right to record, to actually protect people’s First Amendment rights. It was a decision that’s known as Turner v Driver, I believe a cop arrested you. I think for maybe trying to film a police station. We know what the decision is, but can you just talk a little bit about it, and how you’ve had to keep fighting to protect that right?

    Otto:

    This all started when I was actually in college. I was in college, worked a part-time job, and I learned about my rights. They don’t teach you this stuff in high school, of course, they don’t want to teach you this in public systems. But I actually ended up learning this, because the State of Texas made it mandatory, that in order to get your degree, you needed to take US government, and Texas local state government. Over the summer when I took those classes, I learned how to pretty much stand up for your rights, exercise, those rights. One book, in particular, really pushed me over the edge, and it was called Convicting the Innocent. I had to do a book report on that for my US government class, and that really stood out to me.

    I started digging, digging, digging on YouTube, and then that’s when I discovered the whole cop watching room. This is where I came across channels like Tom Zebra, Jeff Gray, PINAC News, like Sean Thomas. These are some of the guys that’s been doing it for a long time. I’ve been watching and just learning from these guys, and I’ve decided that, you know what? I want to do this same cop watching activity in my city. Before I knew it, things just took off.

    Stephen:

    Well, one of the things we had talked about, when we had you on the show before, was that even though you got this ruling, you still… police didn’t really seem to abide by it. Is that my understanding, that they created laws that didn’t totally go to the heart, or the letter of the decision that was made, that you won? I mean, is that right, in some way?

    Otto:

    Well, not in Texas. Texas, I think they’re being very careful here. They’re saying you can record, but you’ve got to do it from back over there. There’s some things that you can do to test the limits here. Most times they’ll tell you to stand back, but I guarantee you, if you put the camera there, and you take a step back, they’ll be like, “You can’t leave your camera there. It’s interfering.” It’s just those type of things that you have to think of on the fly, things to improvise the situation. For instance, even though Turner v Driver has established a right to report police officers in Texas, Louisiana, and Mississippi, I do believe that there are officers who are undermining that. They get away with things by shining the light in your camera, blocking your view by positioning themselves in front of your camera, and the action that’s going on, or playing copyrighted music, to try to see if they can get your videos taken down, so you can’t monetize it.

    Stephen:

    Oh, my gosh, so devious.

    Otto:

    There’s different steps that officers are doing, and if only they put this much effort into doing their job correctly, they wouldn’t have to worry about the camera, in the first place.

    Stephen:

    That’s a really good point. I mean, and that does make me question though, for example… one thing I wanted to ask you is, the Fifth Circuit has a reputation… which is Texas. The Fifth Circuit has a reputation for being very pro-cop. How did you even win that case? I’ve been meaning to ask you this question, because I’ve had people who we’ve reported on, they say, well, they go to a lawyer, and they say, “Well, you can’t win in the Fifth Circuit, so I can’t sue on your behalf.” How did you actually win, in the Fifth Circuit?

    Otto:

    This is what I try to tell a lot of people, and this is what makes me a little successful, is because you’ve got to study the game. Unfortunately, it’s just all one big game. Once you learn how to play the game, you can use the rules against them. That’s pretty much how I stepped into the scene, because once you realize what to do, and how to do it, there’s a lot you can do, going forward, to get things established, and get things set, right away. One of my philosophies is, “Give the officer the shovel, let them dig themselves a hole.” Ask the right questions, record it, and you never know how far that video’s going to go. I try to do it from a professional standpoint, but I love the different styles of cop watching out there. I think there’s a lot to learn from everyone. That’s what I enjoy watching a lot of people.

    But unfortunately, when you’re dealing with the courts, you have to play the game, and then you have to beat them with their own rules. That’s something that I have to live with my life, even before cop watching, it’s just growing up. You’ve got to learn how to play within the rules, and then use the rules to get your way. You know what I mean?

    Taya:

    You know, Battousai, I just wanted you to know there was this great comment that said that you could survive a bear attack, cool as a cucumber. Michael Willis, hi Michael Willis, we appreciate you, said, “This guy’s awesome. He’s doing it the right way, to my taste, making case law in the process. You guys want change? This guy has the combination to unlock change.” Just to let you know, you are very much appreciated. The way that you have fought for our right to record, and our first amendment rights, is really appreciated.

    But to go towards what Stephen was talking about, in relation to the Fifth Circuit, even here in Maryland, attorneys have shared with me that it’s very difficult to sue, because the judges are so pro-cop. There are people I’ve spoken to, across the country, who can’t even find a civil rights attorney who’s even willing to help them sue, because they know that they’re just going to get slapped down by the judge, or the attorney is worried about alienating themselves from the larger judicial community. I mean, have you found this to be the case? Have you found it, that attorneys have said that it’s difficult to sue, or that judges are particularly pro-cop?

    Otto:

    Yes. Yes. I remember this very well, even when I first started recording. Just trying to… I think I talked to at least maybe 10 to 15 attorneys to take my cases to begin with, and it was just an uphill battle. Most of the times, attorneys would not take my cases, because there was no damages. There was nothing there to make money off of. In fact, it was just more of, “If I can’t make a decent chunk of change out of this, then I’m not interested. It’s not worth my time.” I’ve heard that from many attorneys. Then that’s when I met Kervyn Altaffer and I met Kervyn Altaffer through Brett Sanders. When I spoke with Kervyn Altaffer, we talked for about two hours, the first time we met. From within those first two hours, I mean, we became really close. He took all my cases, and I think after that, I believe TML started putting me on their radar, because we were just suing, getting settlement checks.

    Then as soon as our case went to the Fifth Circuit, those settlement checks were used to fund Turner v Driver. It wasn’t just a, “Oh, he’s settling to get money.” But keep in mind, when I was doing all this, I was in college, part-time. Where am I going to get 35K to fund an appeal? You know what I mean?

    Stephen:

    Yeah.

    Otto:

    From my settlements, I used that to fund that, and even though the officers got qualified immunity, the overall battle was lost, but the war was won, when we got Turner v Driver. Because a lot of people were able to use that case law to prove that it’s been established, so these officers don’t get qualified immunity. I think yes, it’s a win, but I think now you have to position yourself as in, “Okay, now you get to the point to where judges are super pro-police, and that pretty much any ruling, or any situation that gets presented in front of a judge, are going to side with the police.”

    Well, whenever you think about it, you have to think that… you’ve got to try to make the officer look bad, and you just look like an angel. Just to put it in a nutshell, that’s just how it’s going to be.

    Stephen:

    That’s interesting.

    Otto:

    Unfortunately, it has to be like that, in order to get any movement in a court. Otherwise, even if you’re on the same level as a cop, if the cop’s being rude, and you’re being rude, they’re going to side with the cop, because he’s a cop. But if the cop’s being rude, and you’re just being as nice as a 76-year-old lady, who just came from a Sunday night service in the church, they’re probably going to side with the lady.

    Stephen:

    Okay.

    Otto:

    But it’s unfortunate that you have to go that far, to that link, just to get any movement with the courts, to be honest.

    Stephen:

    I thought it makes you a master of the cop-watching universe, that you thought, stylistically, how your style would translate into a court setting, into a higher court setting, into an entire process. That’s pretty freaking amazing, to think that far ahead-

    Taya:

    I know.

    Stephen:

    … and say, “Hey, I have to look sympathetic, if I’m going to win legal precedent-

    PART 3 OF 5 ENDS [01:27:04]

    Stephen:

    Hey, I have to look sympathetic if I’m going to win legal precedent. I’m impressed.

    Taya:

    I mean, I have to ask. I mean, you’re noted for your deliberate style, how you do not allow yourself to get ruffled, how you don’t slip into profanity. Because you’re thinking long game, you’re playing chess. But are you still sticking with that formula? I have to wonder sometimes, don’t you just want to get loud? Don’t you just want to put that bird?

    Otto:

    You have no idea. Oh, man. You have no idea. There’s been so many times I have been test, I have been pushed to my limits. But I just like, “You know what? This is pretty much what they want.” And it’s like, I can’t do that. There’s a bigger picture here at play, and I have to stick to my convictions, and I have to keep pushing forward.

    And there was one thing that I do want to say because this was part of the clip that you played with Corrigan, where they had the illegal signs posted on the side of the building? Well, we went to mediation for that. So, during the mediation we had a retired federal judge, and we can’t really talk about what happened during the mediation process, but what happened afterwards was something that really shocked me.

    Because as soon as we were leaving, the retired judge, she shook all of our hands. But then whenever she shook my hand, she’s like, “Hang on, Mr. Turner. I read a lot about you, and I’m very impressed, and I’m very proud of you.” And it’s like, “You have no idea how many people actually support some of the things you guys are doing.”

    So that kind of just hit a light switch for me. It was like, “Yes, we are actually making a positive impact.” And even though that there are judges that are pro-police, there are judges who are pro-Constitution.

    Taya:

    That’s so good to hear.

    Stephen:

    That’s an amazing story.

    Taya:

    That’s so heartening.

    Stephen:

    Wow.

    Taya:

    That’s a beautiful story. That helps renew my hope. It really does.

    Stephen:

    Truthfully.

    Otto:

    Yeah. It’s going to be uphill battle. And I don’t know if you knew, but that Corrigan situation, I got them to sign the signs that they took down from the building. I got all the defendants to sign the back of it.

    Taya:

    Wait, you got the defendants to sign the back of it? Was that part of the-

    Stephen:

    Whoa, really?

    Otto:

    Yeah. It was part of the settlement.

    Stephen:

    That was part of the settlement. I love it.

    Otto:

    Yeah. So, we told them, “You know those signs that you had on the building? Can you take them down and have all the defendants sign it?” And then they agreed to it, and we were surprised that they agreed to it. So, I kind of got it up there on the back wall. I don’t know if you can see it.

    Taya:

    That’s diabolical. I love that for you.

    Otto:

    I’m going to [inaudible 01:29:33] with you real quick. Give me a second.

    Taya:

    I love that for you. Yes, please let us see it. I love that.

    Stephen:

    I mean, the thing that’s amazing, just talking to Battousai, James Freeman and… Think of all the change that these individuals, just working on their own, no newsrooms, no-

    Otto:

    So this is the sign here. I know if you can see it. Oh,

    Taya:

    That’s incredible.

    Otto:

    And they signed the back of it, so it was no joke. And then one thing I did find out later on, because I did some open records requests, I think whenever they wrote me the citation for filming when they dismissed it two days later, TML, which is like the insurance for the city, required the officers to take constitutional law.

    Taya:

    That’s wonderful.

    Otto:

    Yeah. So it was two days after, so they knew the lawsuit was coming.

    Stephen:

    Wow. Which begs the question is why they hadn’t done that before they became police officers or-

    Taya:

    That’s an excellent point-

    Stephen:

    Out in the streets.

    Otto:

    It was probably more just like a revisit.

    Taya:

    Maybe a refresher course.

    Stephen:

    Yeah, of course.

    Taya:

    Hopefully.

    Stephen:

    It’s always good to brush up.

    Taya:

    Except Steven, didn’t you have a particular experience on what you saw? You knew that was written in a police academy Blackboard, about the Fourth Amendment?

    Stephen:

    Yeah, the Fourth Amendment doesn’t apply to us. We got a picture from a group of cops called VICD, Violent Impact Crimes Division, and they were doing training retraining on the amendments the fourth, fifth, and sixth. And they wrote on the Blackboard, fourth Amendment does not apply to us. And of course a lot of those guys-

    Taya:

    In the academy, in the academy on the Blackboard.

    Stephen:

    Just to show you how important Battousai work is, a lot of those officers ended up being part of the Gun Trace Task Force, which was a group of 6, 7, 8 officers who robbed residents, stole over time and-

    Taya:

    And dealt drugs in our city.

    Stephen:

    Dealt drugs. Congrats to you because that’s great to hear because if we can at least teach police officers that their whole occupation relies upon the constitution and those rights are important, that’s a victory.

    Taya:

    Absolutely.

    Otto:

    I think if people found a real reason why the police are here, I think everybody would blow their lids. And people are like, “Oh no, that’s not true.” But police are here to serve their masters. That’s pretty much all it is. They’re there to serve the wealthy and the people in position of power. That’s their true purpose.

    Taya:

    Yes, well said.

    Otto:

    And we should not forget that.

    Taya:

    And we can never forget that.

    Stephen:

    It’s an important thing to remember.

    Taya:

    Absolutely. They are the front line to protect the interest of capital. Corporatists, those oligarchs who are corrupting our society and corrupting our government process. They’re corrupting our democracy. Crony capitalism, I believe it’s called.

    Stephen:

    Go ahead. You say it, thank you.

    Taya:

    Well, I just wanted to ask, are there any new ongoing fights with the police departments or is there anything that you want to share with us? Any new legal front that you’re ready to share? I know sometimes you can’t always share something that you’re working on, and if you can’t, I totally understand that. But is there anything else coming up?

    Otto:

    Oh, I’ll say, so I had a couple of people respond to, email me, saying, “Hey, we didn’t know you were the guy for Turner V Driver.” And I was like, “Yeah, I guess it’s been some time. I haven’t been really active.” And then I had a couple of people from, Martha [inaudible 01:32:52] was actually one of them. He said, “I think it’s time for you to return to Fort Worth.” And I said, “Why do you say that?” And they said, “Oh, the Turner V. Driver case. They’re pretty much saying that, oh, that means nothing. And yeah, that white guy is not going to come back here anymore.” And I said, “Wait a minute, white guy?”

    “Oh yeah, yeah. I didn’t tell you? They think the guy from Turner V. Driver was white.” And I was like, “Really?” I said, “Okay, yeah, I guess I already got a good disguise, so I’m going to go back up there.”

    Taya:

    You can be totally undercover now. They’re going to be looking for the wrong guy. That’s some bad police work.

    Stephen:

    That’s some very bad detective work, absolutely.

    Taya:

    That’s pretty sloppy.

    Stephen:

    We really appreciate you coming on the show for our fifth anniversary. So kind of you to take the time to join us.

    Taya:

    I really, really, really wish I could keep you for longer, but I promised everyone I would do five questions to make sure that I don’t trap our friends in the studio here all night. But would you please agree to come back and spend some more time with us? I think we just need to give the Battousai his whole hour. I mean, I think that’s what has to happen. You just need your own hour. Would you be able to come back?

    Otto:

    Oh, I got a lot of fun stories for you. Yes, I’ll come back. But I got a lot of fun stories for you guys.

    Taya:

    Okay. All right. I’m looking forward to them. Thank you so much for joining us and there is a lot of love in the chat for you, as I’m sure you’ll see.

    Otto:

    Thank you for having me and happy anniversary.

    Stephen:

    Thank you, Battousai. We really appreciate it.

    Taya:

    Thank you so much. It’s so great to see him.

    Stephen:

    It’s amazing. I was just saying, you think about all the changes that have been effectuated by the people that we’ve had in our show who had done this all on their own initiative. It gives you hope.

    Taya:

    It really does.

    Stephen:

    It gives you hope in democracy.

    Taya:

    It really does.

    Stephen:

    I know the internet is fueled by cynicism, but this is not a place for it, because if there are individuals willing to go out there and risk their neck and get arrested or just confront cops or create videos or tell people’s stories just on their own with no prompting, I can’t be a cynic all the time.

    Taya:

    All the time.

    Stephen:

    All the time. This is nice. I feel it’s pretty nice.

    Taya:

    You feel warm and fuzzy, aren’t you?

    Stephen:

    It’s a great gift for our fifth anniversary to really talk to people who have made a difference. You can make a difference.

    Taya:

    Absolutely. Because I have to admit, when I first started working with Steven, and he was a bit cynical and understandably because he had been a lone voice.

    Stephen:

    Oh, I cynical?

    Taya:

    He was a lone voice pushing back against police misconduct that he saw, violations of civil rights of community members, deaths that were being under investigated and literally covered up. He saw this, he listened to the community and reported on it, and he received retaliation from the police department. He had people from the medical examiner’s office call to try to get him fired. As a matter of fact, they tried to get me fired too, which is sort of ironic because at the time we were doing a podcast that we weren’t getting paid for. But just all these different forms of retaliation that you experienced. So you were getting a little cynical. So to see people do this, I really think makes a difference to you.

    Stephen:

    After I got laid off from my newspaper, I worked for a couple years on my own website, and then I got a job at a TV station. The first thing that happened was a police spokesman sent an email to my boss saying, “Steven Janis is a jerk, blah, blah, blah, blah, blah. Fire him.” That man actually-

    Taya:

    And a cop hitter, and a cop-hater-

    Stephen:

    That man right now is actually the head spokesman for the Secret Service. So yeah, Anthony Guglielmi, I think his name is, yeah. And so he decided that the best thing to do was take a reporter who had lost his job when his newspaper closed, because he had provided honest coverage of the police department-

    Taya:

    Exactly, all of it is honest-

    Stephen:

    And try to take away his job and his health benefits, because I hadn’t seen a doctor in three and a half years. So really wonderful people. I really have a lot to say about their character.

    Taya:

    You have some not-friends in some very high places.

    Stephen:

    But think about it. Think about, this was in 2011. This is four years before Freddie Gray and five years before. So was I right? Or was I wrong?

    Taya:

    You were right.

    Stephen:

    I was right about the Baltimore Freaking Police Department.

    Taya:

    Yes, you were.

    Stephen:

    But they tried to take my freaking job.

    Taya:

    That is absolutely right.

    Stephen:

    I’m sorry.

    Taya:

    And that’s why I thought you should share that. So when he says it affects him and makes him feel hopeful, this man had all the reason in the world for cynicism. So it means something when he says that.

    Stephen:

    Well, I’m very thankful that there are people who are willing to go out there and do this difficult work and all on their own. And it just gives me a lot. It makes me feel good. But anyway, that’s what I’ll say, but we’ve got to get to the next guest.

    Taya:

    Okay. Yes. So I’m just, thank you for letting me have you share that. So, our last guests are actually kind of a duo, and they have been unrelenting in their coverage of some of the most vexing police departments in the country. They’re a special team that have been involved in high profile cases that have led to a major settlement with the Los Angeles County Sheriffs, all due to the footage caught on their cameras. They also include one of the, so-called OGs of Cop watching, Tom Zebra. Tom’s uncompromising coverage of cops in LA has made him a legend in the world of YouTube activists. Also, the fact, I think he’s been doing it for almost 20 years. I think some of his early cop watches are actually on VHS. That’s how long Tom Zebra has been doing this. And they also made one of my favorite clips ever where they did a bit of an imitation of a show that I’m kind of fond of. Maybe we could just take a little peek at it. A little peek.

    Stephen:

    Okay.

    Taya:

    Good to know.

    Stephen:

    Thank you.

    Taya:

    I’ll tell people that.

    Stephen:

    Okay. I got to say something. Oh, Taya, just let me say something, that is good reporting because knowing that the Coke price was low or a good price, that’s the kind of detail, that separates the regular reporter from the top-notch investigative reporter.

    Taya:

    That lets you know that reporter hit the streets. And that’s what we respect around here.

    Stephen:

    I mean, I’ve been doing Stand-ups for five years, but Tom just knocked me right out of the park.

    Taya:

    He did. He knocked you out of the box on that one.

    Stephen:

    I’ve never had that kind of detail in my reporting, mad respect.

    Taya:

    Also, his sweatshirt was cool.

    Stephen:

    Mad respect for that man.

    Taya:

    And I liked Laura’s Bookshelf. And before we get started, that sounds really familiar. I’m not sure why it sounds so familiar.

    Stephen:

    I told Laura she needed more books though.

    Taya:

    She needed more books on her shelf. She even had the glasses. It was so awesome. Okay, just for any folks that are here, they did a version of the show we do. And we thought it was basically the best thing that we’ve ever seen.

    Stephen:

    We did.

    Taya:

    So you should go check it out on our channel, because it’s kind of great. And it also has really good reporting in it. So, I have to welcome Tom Zebra and Laura Sharp.

    Stephen:

    Hello.

    Taya:

    Thank you so much for joining us.

    Stephen:

    Thank you for being here.

    Laura Sharp:

    Bye. That’s, [inaudible 01:40:20].

    Taya:

    We appreciate you.

    Laura Sharp:

    My four books. It was like one of those last things. I’m like, “Oh, I need books.”

    Stephen:

    Tay and I have plenty of books. If you need something, we can ship them out to you.

    Taya:

    That’s right, we can ship them out to you.

    Laura Sharp:

    No, actually I have a lot. And if you notice, I don’t know what the… I don’t know. It was so random. I was like, “Oh no.” I just grabbed Egyptian books or something. I do have books.

    Taya:

    We just wanted to also say that Thomas has been having a little bit of an issue with his video. So at some point we might have the technical difficulty of just having his audio instead of his visual. So just to let you know, we’re not doing it on purpose. It’s just one of those technicalities.

    So, to both of you, first, I just wanted to give you guys both a chance to comment on Eric’s recent indictment. You were there when we were out in Colorado spending time with Eric, checking in-

    Stephen:

    Prior to sentencing-

    Taya:

    To what was happening. Excuse me, we were there prior to sentencing. So we certainly know that you Eric well. I just thought maybe you’d like to have a chance to comment on his recent indictment and any concerns that you might have about it. And either one of you can take this question first.

    Tom Zebra:

    I’ll go, hopefully you can hear me okay.

    Stephen:

    We can.

    Tom Zebra:

    Everything you guys said is true. It’s not surprising in the least bit that they’ve retaliated against him and they’re going to do everything they can to keep him in jail. And if you think about it, I think that’s probably why Eric Brandt is the person he is anyways. It’s because of how unfair they are and the fact that that’s what they do every chance they get. They retaliate against people they don’t like instead of doing their job. So it’s not surprising to me one bit, but hopefully that’s going to light a fire under his butt. And when he gets out here, hopefully he’ll go right back to cop watching.

    Stephen:

    I hope so too.

    Taya:

    I hope so too. But I have a feeling he may retire to a quiet life-

    Laura Sharp:

    He might be taking a break.

    Stephen:

    I think, yeah… I think Eric is ready to retire.

    Laura Sharp:

    For his own mental health.

    Taya:

    Laura, did you want to comment on Eric’s recent indictment?

    Laura Sharp:

    He definitely covered everything. We talked about it at length and I mean, honestly, it just breaks my heart. Just there’s a lot that you risk when you do what we do. I mean, especially him. I’m almost at loss of words, just how that turned out.

    Taya:

    No, understandably.

    Tom Zebra:

    If I can add, I’d like to say something about the Judge Morris Hoffman.

    Taya:

    Please do.

    Tom Zebra:

    I know a lot of people have criticism about him. But one of the interviews I watched, he was explaining how if you are in the shoes of the defendant, if anybody else would’ve done what they would’ve done, then that’s not a crime at all. And I don’t think very many of us have been in the shoes of Eric Brandt, where he spent so much time in jail as an innocent person. And I mean, he’s got how many laws are in his name? He set precedent repeatedly. So, in the overall scheme of things, he’s the one that is righteous. And the judge said elsewhere, if any other person would’ve done those things, like in Eric Brandt’s shoes, and I think anyone else would have, I can’t imagine being locked up for so long as an innocent person.

    Stephen:

    I mean, Eric-

    Tom Zebra:

    At the very least, under those circumstances, of course, you’re going to say something that isn’t nice about the judge.

    Taya:

    Yeah, absolutely.

    Stephen:

    Yeah, and it’s true. Eric had set precedent in the 10th Circuit for filming police.

    Taya:

    Yes. With Liberty Freak, Irizarry.

    Stephen:

    Liberty Freak Irizarry. So that is very true. Among other things that he’s done-

    Taya:

    Among other things-

    Stephen:

    There’s many other lawsuits he won.

    Taya:

    I just meant, right… Also, there was a lawsuit that he participated in that resulted in the Englewood Police Department receiving body cameras about 18 months before any of the other police departments as well as guaranteeing them, certain retraining as well, certain constitutional retraining, which is good for everybody. I even want constitutional training.

    Stephen:

    So Laura, let me ask you, what’s it like out on the streets now? How are cops behaving? Are they responding to your work? How are things going up? How’s cop watching?

    Taya:

    Are they like, “Oh no, it’s Laura Sharp.”

    Laura Sharp:

    They’re running. They run from the camera.

    Stephen:

    They run from the camera?

    Laura Sharp:

    We go out. Yeah, no, no… We go out quite a bit and as soon as we get out or walk up, it’s like suddenly it’s over. It’s like, wow.

    Stephen:

    Really?

    Laura Sharp:

    Yeah, no, it’s almost annoying. It’s like, “Come on guys, please.”

    Stephen:

    So they’re ruining your videos. You can’t even make a video.

    Laura Sharp:

    We’re having to chase them to the department, their little substation or the… Come on please.

    Taya:

    That’s so funny.

    Laura Sharp:

    I mean, they’re basically [inaudible 01:45:24].

    Taya:

    But honestly though, in a way that’s great because what you’re doing in that process is there’s someone who might’ve been harassed, who might’ve been having an unconstitutional arrest or having their rights violated, and the officers decide, you know what? It’s not worth it.

    Laura Sharp:

    They’re still doing it.

    Taya:

    They’re still doing it?

    Laura Sharp:

    They’re still doing it. It’s just a matter of… It’s just a matter of there’s a new crop. I kind of see it as they obviously… I mean, they have so many departments like Sheriff for instance, and they have new rookies coming in. And at certain points there’s, right now I feel like there’s a brand new one for the last year that we haven’t figured out their places yet. Their path, the way that they get to each location kind of a thing. We don’t got that down the way we had prior. We could find the same guys in the same places mostly, but not anymore. And a lot of them, they’ve made a name for themselves. Sabatine has had a whole thing because I think he threatened the rapper. He said he was going to put one in his chest just like a whole… And I miss them, I don’t know. It was a little entertaining. Now these guys literally just don’t say anything. I’m like, this is no good.

    Taya:

    Let me ask you something. Because there’s a case that you worked on that really stood out to me and was absolutely life-changing. And this was the case of Christopher Bailey. You recorded some of the… I mean, I’ve witnessed a lot of police brutality, but this was truly terrible. And you were there live on the scene. And can you just talk a little bit about how your video footage helped him and the lawsuit that followed, and maybe even some information about the officers or detectives who were involved, if you don’t mind?

    Laura Sharp:

    Okay. So I mean, to make a really long story short, I mean, we did show up in the aftermath. We were directly after it. I mean, they must have just done their last strike on him or something. And initially when we arrived, I didn’t see him. And we did hear a deputy involved in a fight. So I was aware, I’ve come to these scenes before and maybe they have, they’re a little roughed up and they’re getting in an ambulance or something. But when we first got there, we didn’t see him. We could kind of see where the deputies were around. And then we heard him and he said, “I want to live.” And it was like, “Wait a minute. Oh, they have him on the ground.” And it was just this whole, it was in slow motion after that where it was like, we recognize all these, most of the deputies, and at this point, we know them all now.

    But it was almost like, I don’t know. I could say I was shocked. I was not expecting when they sat him up and the condition of his face, it was horrific. And it really just could not bother, just even the most critical person of what we do. It was horrific. And so for almost a year to the day, I did not know this man’s name. And I started to resolve to the fact that I probably never would, because a lot of the times we don’t see, I mean most of the time, sorry, we don’t see these individuals again after they have their contact with law enforcement.

    So I had almost become like, I had to accept that. And his lawyer made a comment on the video. I mean, she quickly took it off. But just that contact, and I have to say what we saw was pretty bad. But hearing it in detail, to the extent that what they did to him, it was almost, I don’t want to say it was worse, but it was just as horrific to hear the details of how many times they struck him or hit him and kneed him. And I mean, his injuries were his eye socket or his eyeball was dislocated from his orbital bone. They fractured his orbital bone. I mean, what we saw was just what looked like, he didn’t even look human. It was just something that I kept saying in the video. And they played a news clip, and you can hear me say, “He doesn’t even look human.” I mean he didn’t. And I think they referred to me as a bystander with a cell phone or something. And I was probably offended.

    But Daniel and I just, Daniel has, we both have our own way of responding to these situations. And he had currently had a situation with a deputy that he was kind of asking about. But everything that we thought in the moment was very true. Daniel was calling it, before we knew the facts. And it sucks to be right. And I mean, we met him over Zoom. He is still, to this day, afraid to set foot in California. He took off to Texas as soon as he was medically able, because he was hospitalized for quite a bit after that. He still was, he’s still getting surgeries because he’s, he’s basically blind in his left eye. There was a clip from Eric’s trial where the judge said, “Who in the world thinks that that’s okay?” And literally, I could not have put that perfectly in this instance. But that one, it didn’t feel, that wasn’t even with Eric, it didn’t fit, but with this, it’s like, who in the world thinks this is okay? It’s just not.

    Stephen:

    Well, thank you for sharing that.

    Laura Sharp:

    I don’t know, you want to add something?

    Stephen:

    And I wanted to ask Tom, not just about this situation, but Tom, you’ve been out on the streets for 20 years. How have things changed for you and with your relationship? Have police changed at all in the 20 years you’ve been doing this? I’m just kind of curious.

    Taya:

    Good question.

    Tom Zebra:

    I’m going to say since I started having more people helping me, like Laura joined me, Jody Kat joined me. There was a few of us in the same area that I was working regularly. And as far as how things changed, the police don’t even come out of the station anymore. Like the Lawndale sheriffs, any of the areas, those productive feeding grounds, if it was like fishing, those were the areas that I would go because there was plenty of police instances to record.

    Well, now I could drive through these areas every night all night long, and you won’t find a cop unless they’re responding to a call. They stay inside the station, they respond to a call and they go straight back to the station.

    I don’t know how many millions people spent to put these police on the street, but for free, I come back off the street and put them in the station with the help of my associates. And to be honest, if anything, the crime rate has probably gone down because it seems to me like the most serious crimes are committed by the police, at least the ones that I see.

    Taya:

    Wow.

    Stephen:

    Well, yeah, it’s true. The crime has gone down over the past year from the pandemic highs. And that has been amid a police officer shortage.

    Taya:

    Exactly… Exactly.

    Stephen:

    Difficult to explain when you say the police are the key to public safety. But currently right now we have a really record drop in violent crime and also record low employment in many police departments, including ours in Baltimore, where we’ve had a 20% drop in homicides and we’re pretty much record low staffing. So really difficult conundrum for police partisans who want to say…

    Taya:

    It’s interesting you should say that, Steven, because it’s almost as if you two are drawing the conclusion that policing doesn’t necessarily stop crime, that’s a cleanup crew. By any chance, are you familiar with a book called You Can’t Stop Murder? Are you familiar with that book?

    Stephen:

    Yes, I wrote that book. I wrote that book.

    Taya:

    Yes, that’s right. And you actually… It’s interesting…

    Stephen:

    That was the thesis of the book, that proactive policing does not reduce crime and it only causes more, as to Tom’s point, causes more problems than it solves. And that is, I think borne out in Baltimore and I think in Los Angeles too as well, because as Tom and Laura were covering it, there was that report by the ACLU about the Los Angeles County Sheriff, and it was insane what they concluded. You guys remember that report, right?

    Taya:

    Incredible.

    Laura Sharp:

    Yeah, there was actually the investigation that they had put out is what I sent my video of Christopher Bailey. I sent my video in with several others, and that’s what I think the lawyer said that the district attorney said that she, that’s how she found out or something for their investigation.

    Taya:

    Let me just respond to MSTAR Media.

    Tom Zebra:

    Oh, I think-

    Taya:

    Oh, I’m sorry, Tom, go ahead. I don’t want to interrupt you.

    Tom Zebra:

    I think if I’m correct, you guys were talking about the investigation where like 90% of their time is spent on traffic stops, right? Is that what you’re referring to?

    Taya:

    Yes.

    Stephen:

    Yes.

    Tom Zebra:

    And our videos not only prove exactly that, but probably 90% of those traffic stops are fake traffic stops. They’re profiling where the person did nothing wrong, and at the end of the search, the police can’t even come up with the reason why they made that stop in the first place. And if you take that all into consideration, we’re wasting $4 billion to be pulled over for no reason. And I’ll let you get back to what you were, I just want to make that point.

    Taya:

    No, Tom, I’m so glad you’re making that point.

    Stephen:

    No, it’s a good point. Thank you for making that point.

    Taya:

    It’s really important. No, I just wanted to mention to MSTAR Media, and I really appreciate you bringing it up. She said, what are we getting our stats from about crime going down? Just in my case-

    Stephen:

    Well, the New York Times, FBI UCR.

    Taya:

    Well, just very specifically, the Uniform Crime Report is where various police agencies send in their data. Unfortunately, not all the police agencies do, but that’s where they’re supposed to send in their data about whether homicide, murders, et cetera, carjackings, theft, all the different varieties of crime. Something that we saw in particular in our city, Baltimore, is that although carjackings are up quite a bit, one of the things that we’re most concerned about is homicide in our city and shootings. And very fortunately this year, we’ve seen a precipitous drop despite the fact that we’re, what, maybe like 600 police officers short?

    Stephen:

    Yeah, 600 or something.

    Taya:

    And so there are other cities that are also experiencing this. If you have a chance, you can, the data from the FBI’s Uniform Crime Report is actually accessible. You can also get it through-

    Stephen:

    Go online, just look it up.

    Taya:

    Get it through the Bureau of Justice Statistics. There are a couple of different ways to access it.

    Stephen:

    It’s all broken down by locale. By municipality.

    Taya:

    Right, so you can take a look. And so we are speaking from our personal experiences in the areas that we’re in, but-

    PART 4 OF 5 ENDS [01:56:04]

    Taya:

    So we are speaking from our personal experiences in the areas that we’re in, but there have been journalists who’ve done really solid work to show that this is an overall national trend. So it may be in relation to specific crime that we’re very concerned about like homicide, and it may be like in our city, things like carjackings are high, so maybe you’re looking at a particular crime stat and we’re looking at another, so maybe that’s where the disconnect is happening.

    Stephen:

    Well, let’s ask one last question because we’re almost at two hours. So we have got to-

    Taya:

    Can I please ask about the cannabis.

    Stephen:

    Yes.

    Taya:

    Oh, okay.

    Stephen:

    Go ahead.

    Taya:

    All right, so-

    Stephen:

    Last question.

    Taya:

    Tom and Laura, I loved this piece that you did and because to me, in every aspect of it showed how important a cop watcher is. So Tom and Laura arrive on the scene, a young man and his girlfriend, his girlfriend’s a passenger,

    Laura Sharp:

    Darius Dandy.

    Taya:

    Say the name again, [inaudible 01:56:51].

    Laura Sharp:

    Darius Dandy.

    Taya:

    Darius. So Darius is driving, they’re pulled over, they’re harassed. I think it’s originally about window tint, and they see that they have some legally purchased marijuana. And so they start recording this and Laura can talk a little bit about what a strange DUI test they gave. But what really jumped out to me, which just touched my heart so much, is that the police, after taking away her boyfriend and taking away the car, just left the passenger standing on the road without her phone, without ID, without-

    Laura Sharp:

    No, they took her.

    Taya:

    They took her too. I thought they’d left her on the side of the road.

    Laura Sharp:

    So they took her too to the station. Essentially did. They took her phone, everything that she had in the car. When they towed the car, they took all her [inaudible 01:57:38]. And I was repeating to them like, “Are you going to let her get any of these things?” These are the obvious things that you’d need to be able to carry on with your evening while the car’s… Yeah. No, they took her back to the station. She actually refused to get out of the car.

    Taya:

    So you actually went to the station with them to help? Which is wonderful.

    Laura Sharp:

    Yeah, so we followed them to the station, and then they basically set her on her own. But luckily we were there and I offered to give her a ride to the impound lot. Mind you, mind you though. Sorry. The show that it was after that is just, it was raining. So technically if we weren’t there, she would’ve had to walk, what was it, Daniel? The miles to the tow.

    Tom Zebra:

    It would’ve been a couple hour walk to get to her stuff, but then without a release, they tried to send her without a release. She would’ve had to walk all the way back and then-

    Laura Sharp:

    And then it was after hours-

    Tom Zebra:

    … for her to have so. She would’ve had to walk for eight hours and she would’ve never accomplished getting her wallet, her keys, anything.

    Laura Sharp:

    Yeah, she had to pay, well, she didn’t even have the money because she didn’t have her wallet or anything. So I loaned her money so that she could pay the after hours cost to be able to get these most obvious items of her. Okay, so the worst part of this is that they did the, what was it, Daniel, that they, it was under the, what was it? It was like a DUI investigation, he claimed.

    Tom Zebra:

    Yes. The whole thing was just a charade because apparently we caught him too many times. They’re trying to not admit or let on when we catch him doing illegal searches. So they just were framing the guy for a marijuana DUI. And I think you know about marijuana DUIs, they’re bogus on their face.

    Stephen:

    Wow.

    Taya:

    Excellent.

    Stephen:

    Well, I think-

    Taya:

    Excellent.

    Stephen:

    We appreciate you guys. I think Tay, we are almost up to two hours.

    Taya:

    I don’t want to let them go. We barely even got the chance to really talk to them.

    Stephen:

    I know. But we’ll have them back. We’ll have them back.

    Laura Sharp:

    We love you congratulations.

    Taya:

    Can I at least-

    Tom Zebra:

    Let me just say, I want to congratulate you guys. I have a ton more things to talk about, but we’ll save that for another time. It was a great show. I enjoyed watching it and I hope to see you guys soon.

    Stephen:

    Absolutely.

    Taya:

    All right. I will defer to my partners. No, you’re right. I’m sorry. It’s so rare to have Tom and Laura at the same time, and between the two of them, they have amazing stories and just so much to share.

    Stephen:

    Could you guys keep making fake police accountability reports, oh please? Because we like to watch it.

    Laura Sharp:

    We’re actually working on another one I was telling you about earlier this week, but I didn’t have time to-

    Taya:

    I would love that.

    Laura Sharp:

    Oh yeah, for sure. For sure.

    Taya:

    At least by the 6th.

    Stephen:

    Yeah. No, they’re working on one now.

    Laura Sharp:

    No, no, no. For sure. I’m working on it now, so yeah.

    Taya:

    Okay. Awesome.

    Laura Sharp:

    I was hoping to have it ready.

    Stephen:

    Thank you so much.

    Taya:

    We appreciate you so much.

    Tom Zebra:

    Good night everybody.

    Taya:

    Thank you so much.

    Laura Sharp:

    Love you too.

    Taya:

    Bye Laura. Bye Tom Zebra.

    Laura Sharp:

    Bye.

    Taya:

    Hey, if you guys haven’t already subscribed to their channel, that’s Laura Shark CW, you’re seeing right there. That’s how you find her channel. You might not realize this, but the world of cop watchers, there aren’t a lot of females out there, so please make sure to support them like Laura Shark CW, and of course you’ve got to honor the OG Tom Zebra, so make sure to go check out his channel as well. And all the other wonderful cop watchers that we’ve had here tonight. I think most of them already knew [inaudible 02:01:03] streaming in like [inaudible 02:01:04] and out of the watch dog. But please make sure you go.

    Laura Sharp:

    It’s great to see.

    Taya:

    Sub to Laura’s channel for me.

    Stephen:

    Isn’t it amazing that the cops are afraid to come out because Tom’s out there.

    Taya:

    I know. I love that.

    Stephen:

    Just a guy with a cell phone and a-

    Taya:

    I know.

    Stephen:

    … camera on his head-

    Taya:

    … that they’ve done that to him. I have to ask. Okay, I won’t. Can I just have one little question of Laura? One little question.

    Stephen:

    One more question quickly.

    Taya:

    One more. Okay. Laura, while you’re still here because you’re not done yet, I have to ask. Okay. You guys have gotten a lot of attention on YouTube question. You’ve had a lot of impact. Do the police treat you differently? When you show up are they like, “Oh no, it’s Laura, oh no, it’s Tom Zebra.” Or do they just act like they don’t see you? What happens when the cops see you?

    Laura Sharp:

    I [inaudible 02:01:42] know Daniel, what do you think?

    Tom Zebra:

    Definitely. I think a lot of them are, they’re scared of Laura it seems like, or if she asked more serious questions. I’m more likely to put things off and just say hello and be social. She’s not as nice to them. So there’s a lot of them that try to-

    Laura Sharp:

    [inaudible 02:02:03]. I’m just factual. I’m just real. I have passion. And he says a lot more in his own, when he posts videos, he gets to the point in that [inaudible 02:02:13]. But me, I am quite like, “No, no, no, I know what you did.” Or, “Wait, wait, wait, come back.” No.

    Taya:

    That’s great.

    Tom Zebra:

    If I could add one last thing. I know we’re ending the show, but after working with these guys for so many years, it’s hard to not become friends with them. So despite the awful…

    Stephen:

    Oh, I think we just lost him.

    Taya:

    Oh, no.

    Laura Sharp:

    Oh, no, no, no. He says he’s friends with us. I don’t claim such just silly thing. That’s so ridiculous. Good night.

    Stephen:

    Good night. Good night.

    Taya:

    Good night.

    Stephen:

    Thank you so much.

    Taya:

    It was great to have you both. And we definitely want to see you again soon. Thank you so much.

    Stephen:

    Cool.

    Taya:

    Okay.

    Stephen:

    That was amazing.

    Taya:

    Absolutely amazing. I love the idea that they’re scared of her like she’s mean to the cops. I’ve met Laura in person, she’s not-

    Stephen:

    We met Laura in person. She’s the kindest person.

    Taya:

    She’s a petite person. She’s not intimidating in any way. So to imagine her being mean and standing up in that way is amazing.

    Stephen:

    Absolutely.

    Taya:

    And I just have to thank all of our guests, for just their insight, being willing to spend their time with us and just for your patience to stick with us and talk to us individually. And I want to thank all of you for the amazing work that you do. You each have your own styles, you have your own way. And what’s even better is that you always find a way to somehow support and help each other. You’ve created an amazing community and I’m so glad to be at least a small part of it. So Stephen, I have a question for you. As I was talking about the theme of the show, I mentioned a phrase that is very familiar to you, a community that has something in common, but it’s actually a play on words on a book by a philosopher, Alphonso Lingis who wrote a book called A Community with Nothing in Common. So you spoke to this philosopher, you wrote about him. Can you talk a little bit about that book in relation to cop watchers?

    Stephen:

    Well, and to be really quick, because we don’t have a lot of time, but you brought up something that really struck me. Really, it almost made me upset because I was reminded of things that happened to me when I started covering police 15 years ago. And we were in the midst of zero tolerance and things police were crazy and they were shooting people in the back and all these horrible things were happening and I was trying to cover it, report out and in truth. And they tried to destroy my life basically. They pulled me over like 40 times. They would always harass me. My editor said I was a cop hater. The things that would happen to me were really horrible. And there was other things they did wrote about me as if I was some sort of crazy freak.

    But then in 2016, when the federal government comes in and says unconstitutional, racist policing and all this stuff, it was even more painful for me because in many ways the damage had been done. But it affected me deeply. It made me a paranoid person and a person who doesn’t trust people much and a person who feels isolated. But the whole wonderful thing about talking to these people, the whole amazing thing is all these people who I really have very little in common with on a regular basis, that I don’t even live in the same cities I do, make me feel like I’m not alone in this effort to hold power accountable. And as painful as it was for me, when I know the people like Otto have gone through so much, James Freeman, I know Eric Brandt is in prison right now. I know all these people have suffered.

    And so I feel like I have some connection to something that in many ways makes it all worthwhile. Because truthfully, I’ll tell you this, you can write all these things about police and about how bad policing was in Baltimore, but when the Justice Department comes around and no one says, “Hey, you did a good job. We appreciate what you did. We understand you suffered.” People like Anthony Guglielmi, don’t apologize to you for calling you Jerk, or some of the other stuff they did to me. I could just go on and on, on what happened to me. Dragging me into a trial board and screaming at me and subpoenaed me all the time to go into court, all these really things when all I was doing was writing. I wasn’t dealing drugs, I was just writing the truth. And so I feel connected to the people that we report on because they have been through this too.

    And I understand the impulse. The people who we talk to, but [inaudible 02:06:53], these people aren’t doing it. Even though people say, “Well, it’s all about YouTube clicks,” or something. They are doing it, because they believe in this process of holding power accountable. And so in that sense, we have nothing in common and everything in common. And it’s helping me a lot personally because I just feel angry sometimes when you bring that up. I just don’t understand it really. I don’t understand. But I think I read once about, I think it was a woman who was a reporter, I can’t remember her name, but she said, “You think when you cover the truth and you say the truth, that everyone’s going to come running and say, ‘It’s the truth.’ That’s not what happens.” And as one of our guests pointed out, police don’t really serve the public, so to speak. They do, they serve this great inequality machine. And that’s part of the reason. Anyway,

    Taya:

    Yes. No, well said.

    Stephen:

    Anyway, thank you.

    Taya:

    No, very well said.

    Stephen:

    I just wanted to say that.

    Taya:

    No, and you should say that. And what’s interesting, someone said, “Does Stephen know former Baltimore cop Michael Wood?” I remember him from-

    Stephen:

    Yes, I do.

    Taya:

    Yes. We both interviewed Michael Wood and he went on to do some-

    Stephen:

    What happened to him?

    Taya:

    He went on to do some interesting things like, like rob veterans of campaign, allegedly.

    Stephen:

    Allegedly.

    Taya:

    Allegedly mismanaged some donations.

    Stephen:

    Let’s put it this way. Initially, he was very revealing in talking a lot of truth but then he became muddled in controversy. But yes.

    Taya:

    I’m sorry.

    Stephen:

    We are aware of it.

    Taya:

    Allegedly.

    Stephen:

    Allegedly.

    Taya:

    Allegedly mismanaged these funds. Let me be clear. So just once again, I want to thank all of the wonderful cop watchers and activists who joined us tonight, both on the channel and in the live chat. I’ve seen you, I might not have been able to put up everyone’s comment, but I really did try to at least put up some of them and read them. And thank you. Thank you, Russell. You’re my favorite too. Thank you. That’s a very sweet comment. So I just wanted you to know I was looking at all these great comments. I’m going to be in the comment section. Excuse me, in the chat, I’m going to be in the comment section later.

    As always, I do a PAR comment of the week and I try to pick out a comment. So I’ll be doing that later as well. So I just wanted to say thank you for everyone who is participating, and I just want you to know how lucky we feel to be able to cover this vibrant and eclectic and fascinating community. And it is a thought-provoking collection of people to say the least. And we are so grateful to have been able to tell their stories. Stephen, I’m about to give my 5th year anniversary rant.

    Stephen:

    Happy anniversary.

    Taya:

    Happy anniversary to you too.

    Stephen:

    Thank you.

    Taya:

    You were a member of the mainstream media and now you’re in a very different world.

    Stephen:

    Yes, I am. But I wouldn’t be anywhere else, then here next to you, as Jay-Z said, “You could have been anywhere else in the world but here.”

    Taya:

    Oh, that’s great.

    Stephen:

    Yeah.

    Taya:

    Nice quote with Jay-Z.

    Stephen:

    Yeah. Thank you.

    Taya:

    Well done. You’re in a different world. Is there anything you want to share about covering this phenomena or?

    Stephen:

    Well, as I said before, I feel kindred spirits here, and it’s been a great 5th anniversary gift for me to hear from people who have struggled with the same things I have. And it makes me feel good that we are together in some ways, a community though not together in the same space, but by the same ideals. And that feels good. So I’ll say that.

    Taya:

    That’s beautifully said.

    Stephen:

    Thank you.

    Taya:

    Okay, now it’s my turn. As I’ve discussed at the beginning of the show, all of our work on the police accountability report is driven by a community, people who care enough to watch and share and comment, and even film cops. It’s driven by something we would call an audience, but I would characterize it more accurately as a collective of people focused on a single idea. Self-governance requires participation and good governance requires even more active involvement. And what I mean is that what I see is I report on the variety of people who watch or simply watch us, is a movement tied to more than an ideology. That is, it’s a group of people acting within their individual capacities to facilitate something more important than their own needs. A collective good, a common good. Think about it, when a person appears on our show to discuss an encounter with police, it’s more than simply an opportunity to tell their story. It’s an affirmation that standing up and pushing back and participating is more than what philosopher Jean-Paul Sartre would call a useless passion.

    It is, at its core, an acknowledgement that democracy freedom and our essential rights require work to maintain them. Meaning if we don’t fight each and every day for self-governance, we will lose it. And that’s what this show, my show, Stephen’s show, your show has taught me. It has forced me to look beyond the past implications of a dystopian future where our personal agency has been rendered impotent. And it has inspired me to comprehend the real meaning of a single individual coming forward and standing up for themselves when police and the mainstream media would brand them as criminals. And it tells me that despite the cynicism that pervades social media and the apathy of the internet, there are people who believe that fighting back really matters.

    Is there anything really as profound as an average citizen whose rights have been trampled by police bravely coming forward on a Zoom call to tell their story? Is there anything more inspiring than the premise of a single person story, a story that can be painful, and even embarrassing to tell can actually change all of our lives. But this is exactly what I’ve witnessed, and I’ve literally watched it unfold in real time. This community and the people who are part of it, you are changing the world for the better. And you who are watching the live stream who are in this live chat right now are part of it too. How do I know? Well, let me count the ways, so to speak. Let me tell you now and show you what I mean. Let me just go back five years to one of our early guest, Michelle Lucas.

    Michelle had been forced to plead guilty to a crime she didn’t commit, namely passing a counterfeit bill. The fake money was given to her by a fellow employee to purchase liquor at the store, but the police didn’t believe her. And while she was awaiting sentencing, she told her story to us. After our story was published, which exposed the flaws of the case, the head public defender stepped in and withdrew her plea and dropped the charges. And I want you to know it is nearly unheard of for someone to have pled guilty and then have the public defender’s office step in to have it overturned. And then there’s a story of an Ohio car driver named Lufty Salim. Mr. Salim was parked outside of a pharmacy during the pandemic when an off-duty cop approached him, told him to move. And when Mr. Salim tried to explain that he was waiting for a patient, he started to drag Lufty out of the car and then tasered him multiple times. After telling his story, Lufty sued and a court tossed his suit due to, you guessed it, qualified immunity.

    But Mr. Salim persisted. And just recently a circuit court panel overturned the decision, giving him another chance to fight to hold police accountable. Or I could talk about Caleb Dial. Caleb was charged with resisting arrest and felony escape by Milton police. They posted his mugshot on Facebook and hinted that he had been involved in domestic violence, all of which was untrue. After telling his story and showing the ring camera video that proved the officer was lying, Caleb obtained a lawyer, sued and won a major settlement from the Milton West Virginia Police Department. Or I could tell the story of one of our very first guests, Erica Hamlett, whose sixteen-year-old son was confronted by an off-duty Baltimore cop who pointed a gun at the teenager while he was waiting for a bus. The officer was never charged, but Hamlett fought both the department and the city to hold them accountable.

    And just a few weeks ago, a jury awarded the family $250.000. These are just a few of the stories that we have been told over the past five years. Tales of malfeasance that all started with a simple idea you, meaning you, the people will not tolerate the diminishment of our rights or government that feels free to violate them. And this is what it’s really about. It’s not just police, or law enforcement, or laws, or legal precedents. What this battle really amounts to is to fight to preserve the most precious right we have, the right to self-governance. What we’re really witnessing when we report on these stories is a collective act of faith. That these rights not only matter, but are worth fighting to maintain that the phrase, “We the people,” means something tangible. And that to live in a free nation governed by equality and respect for the voice of the citizenry, means we have to speak up.

    And speaking up comes with risks, and speaking out is often met with retaliation. Just consider how much jail time Eric Brandt is serving for doing so, even though what he said was offensive. His goals, his objective are not only worth considering, but debating so we can understand the limits of free speech and the price of imposing constraints upon it. So I guess what the show has taught me is that courage lies with the people who take the risk to stand up. Why else would Eric, and Abidy, and Monkey 83 stage protests around Denver over the rights of the homeless, get arrested for it, and then win settlement after settlement with the city of Denver? Why else would James Freeman turn his attention to the court system of New Mexico? And what other motivation could Otto have in mind to continue to fight the system that tried to force him to plead guilty and denied him the right to see his children?

    It’s all an act premised on the idea that our world can be made better, that our rights are worth protecting, and that our freedom is non-negotiable. Believe me there days when I despair, moments when even I have doubts. But what always inspire me to double down and keep moving forward is you, the people who care. The people who not only want better, but demand better. The community that uplifts us all and the community that I’m so proud to be a part of. And it’s a community that most definitely has something in common, and it’s our humanity and our love of our constitutional rights. So I would like to thank all of you again, and I want to make sure-

    Stephen:

    [inaudible 02:17:19] applaud your 5th anniversary. You need applause for that. Was quite [inaudible 02:17:23]. That was-

    Taya:

    I don’t know if I deserve applause.

    Stephen:

    Sorry, I didn’t mean to interject there, but I was stunned. I was moved.

    Taya:

    Oh, well thank you Stephen. I hope other folks, oh, someone said, this is not the comment of the week. I just want to make sure to thank the amazing folks who helped make the show special. First, my dear friend and my very first moderator, Noli D. Hi, Noli D. and my second moderator, but no less appreciated, the kind-hearted Lacey Ard. And I have to thank the gentlemen behind the scenes who helped make the show possible tonight. Cameron Grandino and David Hebden. Thank you, gentlemen.

    Stephen:

    Thank you so much you guys.

    Taya:

    And hats off to our editor in chief who’s a great supporter of our work. Max, thank you.

    Stephen:

    Thank you Max.

    Taya:

    And I have to thank each and every one of you who shows up to our live streams. We appreciate you and I hope that you know it because we did this crazy live stream for you. That’s why we did it so we could interact with you and you guys when we don’t have the Thursday night live chat. I really do miss you. I honestly do. I hope you miss me too. Okay, so just to let everyone know, this is the time when I think my amazing patrons. Okay. I saw a Matter Of Rights down here. Okay, so this is when I thank them. So please make sure to listen up for your name. Please forgive me if I stumble or mispronounce something. And I just want to say thank you so much for your support. Are you ready for the Patreons?

    Stephen:

    Yes.

    Taya:

    Patron Patreons?

    Stephen:

    Yes.

    Taya:

    Okay. So first, for our PR patrons, first coming up, our amazing, loyal, and exceptionally intelligent associate producers, Lucida Garcia, David Keeley, John ER, Louis P, and then of course our wonderful PR super friends who are so generous and help us fight for justice with their donations and their moral support Matter Of Rights, Chris R, Kenneth Lawrence K, Pineapple Girl, Shane B and Angela True. And of course, people with wonderful and great taste in YouTube videos are official patrons. And I’m only saying the first letter of the last name because I don’t accidentally want to reveal too much information about someone. So Gary H, Michael W. Joseph P Dur Devil, Nope. Patty, Kemi, XXXX, Libit, Dante, Kipi S, John M, Joe Six. Six Estate AZ, Kyle R, Calvin M, Stephen D, Rod B, Celeste Dupy S, PT, Just M 2 Cents. Talia B, Tamara A, John K, True Tube Live.

    Liz S, Gary T, and last but not least, are loyal, kind, and most certainly good-looking friends of PAR. Are you ready?

    Stephen:

    Mm-hmm.

    Taya:

    Okay. Ryan Pantilla, Sean B, Ronald H, Hugo F, Social Nationalist, Marcia E, Tim R, Justin P, Conrad B, Wingate B, Bill Ding, Ninding N, David W, Regina O, Jodes, Frank FK, Mary M, Mike D, Linda Or, and Linda, I got your card. I love that picture of Alaska you sent me. That was so sweet. You’re an absolute sweetheart. I’ve saved your letter. You’re awesome. Chris M, Dean C, Shannon P, Cameron J, Farmer Jane USA. Marbin G, Kimmy Cat P, Kurt A, Daniel W, William TG, DBMC, John K, Pot Shot, Stephen B, Cindy. K, Seskel S, Keith Bernard M, John M, Janet K, Mark William L, Noli D, Guy B, Ron F, Alan J, Trey P, Julius Geyser, Omar O, Umesh H, John P, Ryan, Lacey R, Douglas P, Andrea JO, Siggy Young, Stephen J, Michael Stephen L, Default Urine, Peter J, Joel A.

    Larry L, Artemis LA. Jimmy Touchdown. He was our very first patron. Kenny G, David B, [inaudible 02:21:24], I’m A Lot To Unpack, Marlin, Cool Raul 07, Soulja, the Self-Care Maven Cat, Negrita, Gary B, Dan F, Eric G, Lorelai, W, Luis, S, Thomas C, Arvin N, Steve MC, Carson W, Twila M, Brad W, Cynthia Corrine, D, Mike K, Loretta S, Marciana, Brian M, Glen R, Mike K, I Is Circle of the Quantum Note, Philonius Punk, Betty R, Byron M, Graham Brigg W, Zira M, and RBMH. That’s it. Those are our beautiful Patreons. Those are our beautiful patrons. And I want to thank everyone that spent time with us in the live chat tonight. Like I said, I’m going to be in the comments for a little while later so you can say hi to me, share what you thought of the show.

    And of course, I’m going to be looking for my PAR comment of the week. So if that’s something that you’re interested in, I’ll be taking little snapshots and putting some aside so I can have some nice comments of the week for this week and next. We’re not going to be back for two weeks, but we are working on one heck of a report for you, and it’s going to have in it a cop watcher that you know well. You might’ve seen him in the comment section today. He was fortunate to not be incarcerated this week. His name is Manuel Mata, and he’s going to help elucidate some of the larger problems with policing in this country. So I want to thank everyone. And of course, if you have any tips that you want to share with us, please reach out to us at PAR at therealnews.com. And of course, you can always reach out to me directly @TayasBaltimore on Facebook and Twitter. Stephen, is there anything I should allow you to say before I go?

    Stephen:

    Happy anniversary.

    Taya:

    All right, happy anniversary to you too.

    Stephen:

    Take us with your…

    Taya:

    Okay, and happy anniversary to my awesome mods, Noli D and Lacey R, and to anyone who I didn’t get to say goodbye to, I’m sorry, but I’ll try to make it up to you everyone. Thanks for joining me, and please be safe out there.

    This post was originally published on The Real News Network.

  • For decades, prisoners’ rights advocates have called on the State of Maryland to address its flagrant discrimination against prisoners housed in the state’s sole women’s prison. As The Real News has previously reported, conditions in the Maryland Correctional Institute for Women are akin to “torture,” and the lack of resources and services dedicated to incarcerated women amounts to state-sanctioned, gender-based discrimination. Christina Merryman and Ameena Deramous, both former inmates in the MCIW—or the “Women’s Cut”—join Rattling the Bars, explaining the conditions faced by incarcerated women in Maryland, and what advocates inside and outside the prison walls are doing to fight for justice, in the first half of this two-part panel.

    Studio Production: David Hebden
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to Rattling the Bars here on The Real News Network. I’m your host, Mansa Musa.

    In the 19th century, women prisoners were first housed in a quarter reserved for them at the Maryland Penitentiary. They were later lodged in a section of the Maryland House of Correction, which opened in 1879. Overall, there are 854 women in the state correction system today, including women in Baltimore City Detention Center for Women, the Patuxent Institution, and intensive care treatment facilities that include male and female inmates, and the Central Home Detention unit which monitors women in their home.

    The Maryland House of Correction, commonly known as the Women’s Cut, is the only institution for women in the state. This is a major problem. There’s a stark difference between how incarcerated men and women are treated in Maryland and what resources are made available to them. The procedures governing parole, security reduction, family leave, and work release are different for women in the system. I sat down to talk about the Women’s Cut with Christina Merryman and Ameena Deramous, both formerly incarcerated. Here’s part one of our conversation.

    Okay. Welcome to this edition of Rattling the Bars, Ameena and Christina. Ameena, tell us a little bit about yourself.

    Veronica (Ameena) Deramous:

    My name is Ameena. I was just released from the Maryland Correctional Institution for Women, MCIW, in Jessup, Maryland, on January 31st.

    Mansa Musa:

    Welcome home.

    Veronica (Ameena) Deramous:

    Thank you, thank you. I have four children. I’m one of four daughters from my parents, and I was incarcerated for first-degree assault and false imprisonment. I did not know, prior to my incarceration, how broken I was or the meaning of being triggered, but once I was incarcerated I was able to, sitting down, get myself together, seek help spiritually, mentally. There were several things that could have helped me a lot quicker, but a lot of things aren’t available.

    Mansa Musa:

    Right. We’re going to talk about that and like I said, welcome home.

    Veronica (Ameena) Deramous:

    Thank you.

    Mansa Musa:

    [foreign language 00:02:43]. Ameena’s fasting. Today is the first day of Ramadan.

    Veronica (Ameena) Deramous:

    [foreign language 00:02:47].

    Mansa Musa:

    We’re thankful to have her here and to be able to share her experience and her stories with us. Christina, tell us a little bit about yourself.

    Christina Merryman:

    Hello, my name is Christina. I am a mother of two beautiful children. I am a very busy person. I work two jobs. I was released from MCIW on May 4th of this year. I came home. I got right involved with the PREPARE organization. I’m a parole advocate. I help incarcerated persons prepare for parole and go to their hearings and reenter society. I also work as an electrician. I got into the electrical trade. I am very involved with my family. I have a wonderful family, a great support network, that has stuck by my side through everything I have been through. I was away for almost six and a half years, and I got to know who I was. I got to humble myself and become a very grateful individual throughout that stay at MCIW.

    Mansa Musa:

    And, like I told y’all earlier, I was incarcerated in the Maryland system. I did 48. Years much like yourselves, at some point in the course of my incarceration, I had an epiphany about what I needed to do in order to maintain my sanity, because that’s one of the most important things for me at that juncture was, if I could stay sane, I could possibly survive. If I lose my sanity, I know I’m not going to survive. I commend both of y’all.

    And this being International Women’s Month, I wanted to get in this space primarily to educate our audience on the prison industrial complex. We talk about it and how massive it is, but I wanted to really get into the impact that it has on women. And Angela Davis and them, they wrote a book called They Come in the Morning, they come for us at night, but in that book, it was a lot of the authors, the writers of the articles, was women and most of the women was locked up during that time, but they was locked up for their political views and that’s why they put this document out.

    But when we look at the Women’s Cut, and I call it the Women’s Cut’s, it’s commonly referred to as the Women’s Cut, and it’s because of the Men’s Cut, which is now … they demolished it because of the debaucherie and the humanity that was going on in it. Ultimately, it came to a point where they just leveled it to the ground. But when you think of the Men’s Cut and some of the things that went on in there, I remember, back in the ’70s, networking with some of the sisters in the Women’s Cut when we was doing some organizing around trying to get certain things changed, and it was some real aggressive sisters. Some them was Moorish Americans, some them was Muslim, some them was just advocates that was trying to get some things done to change the way the conditions were down there.

    And you said, Ameena, that you just got out. How much time did you do prior to getting out?

    Veronica (Ameena) Deramous:

    14 years.

    Mansa Musa:

    All right, so you did 14 years. When you went into the Women’s Cut, you was classified as maximum security initially?

    Veronica (Ameena) Deramous:

    I was.

    Mansa Musa:

    All right. And, during the course of your incarceration in there, did your security level ever drop?

    Veronica (Ameena) Deramous:

    It dropped down to medium, and when I went up for parole, I got an immediate release. It never had the opportunity to drop down any further than that and I never had the opportunity to have access to pre-release groups or classes that would’ve prepared me for my releases.

    Mansa Musa:

    And the tragedy in that is, I was telling Christina off mic, when we go … the men’s system … and by no stretch of the imagination do I claim to be a model prisoner. Matter of fact, I was a real live irritant to the system, and I had multiple situations. I’ve been in every jail, super-max. That’s let you know my background. But I went from max to medium, then back to max, because my behavior, from max to medium again, back to max, then to super-max. But, in each case, I had available to me, and men have available to them, the ability to go from max, medium, minimum and pre-release. In each one of these situations they’re given, they’re put in another institution, they’re given more privileges, and they’re given the ability to acclimate themselves back into society.

    How does that play out with the women, Christina?

    Christina Merryman:

    MCIW keeps everyone housed together. I did have the ability to drop my security levels. I entered at maximum, I reduced to medium, I reduced to minimum, I reduced to pre-release, and then I reduced to work-release. I actually left the facility every day, went to an outside facility to work, and was transported back to the facility. And I had to pay rent, I had to pay fees, I had to pay room and board, transportation fees out of my check to the institution. I believe it was 25% of my overall pay that they took out of my check for me to live at the institution.

    However, I was still housed with everyone, of all security levels. They do not offer a separate housing facility for any of the inmates that are, or I’m sorry, incarcerated persons, they are now referred as, for any of the different security levels. They did, right before I left, put a pre-release housing level unit as a separate section within the facility, but still housed people of all levels on that housing unit

    Mansa Musa:

    Okay. Now, in terms of that right there, so everybody’s in the same environment at the same time. How do they determine what you get in comparison to what other security levels get? Like I said, if I’m in a man’s facility … I left from JCI, I left from right down in that region, and they had medium, minimum, they had minimum, then they had work-release, and the men in work-release was going out working at Golden Corral and all these different places and coming back, and they was getting family leave. I just didn’t get that because I had a mandatory out, which is I made my mandatory as far as my parole. That’s the only reason why. But in terms of … did y’all get family leave?

    Christina Merryman:

    No.

    Veronica (Ameena) Deramous:

    Absolutely not.

    Christina Merryman:

    Denied.

    Mansa Musa:

    Did y’all-

    Christina Merryman:

    All requests denied.

    Mansa Musa:

    In terms of work release?

    Christina Merryman:

    Denied, all requests denied, for any special privileges, any special requests, any special anything, denied

    Mansa Musa:

    And what was the reason, in any case?

    Christina Merryman:

    The biggest reason they always referred to towards the end of my stay was COVID. Even though COVID was over with for two years, it was still COVID. That was their biggest go-to, any request that I ever made for the family leave, because I always brought it up when I was on work-release with the COMAR codes and everything was, “I’m entitled to this, I’m entitled to that.” No, COVID, denied.

    Mansa Musa:

    And when you refer to COMAR, that’s Code of Maryland Regulations and that’s the regulatory. They regulate the policies and procedures around the state of Maryland and different agencies, the Department of Public Safety and Corrections is one of the many. And then the Department of Public Safety and Correction, when they do a COMAR, COMAR has parole regulations in there. COMAR has work-release regulations in there. COMAR have family leave regulations in there. COMAR have pre-release regulations in there. COMAR even have the ability where you can go out, as we was talking, in the Maryland system, you don’t have to go to work-release, you can go to school, you can ask, “I want to go to Coppin State College, I’m pre-release, I want go to Coppin State College and come back.” And according to the Maryland regulations, this ability exist. Did y’all see that?

    Veronica (Ameena) Deramous:

    I had just left in January. Those rules don’t exist. They exist on paper only. They don’t exist. They’re not being applied, and it’s really, really hard to fight them. The three jobs that the women are allowed to have at MCIW is Panera Bread, Hardee’s, and the Maryland correctional Enterprises. We are being told that we can’t work anywhere where there are men. The ladies that are in the work-release program, they’re double-bunked, and they’re paying over $700 a month and they’re double-bunked. We have what looks like a pre-release unit, but it’s just another housing unit. Those ladies will never be able to have pre-release opportunities inside of a correctional facility. It’s not possible. We’re all there together. When you were on work-release, I was there, and I wasn’t pre-release or minimum. I was either medium or maximum, but I saw you.

    Christina Merryman:

    Yep. Every day.

    Veronica (Ameena) Deramous:

    Right? Things existed in writing, on paper, but not in reality.

    Mansa Musa:

    And I recall … because we did this, we interviewed a sister that was advocating for, in the Women’s Cut, and trying to get some policies, more importantly, trying to get the State Assembly and the governor to build separate facilities for women or create a mechanism where they can get out and have access to the same things that men … and it became apparent that, for whatever reason, y’all not relevant, and for whatever reason. Why do you think that? Why do you think that the men … and mind you now, I told you, I’ve been to all the institutions, it’s not no cakewalk on that side.

    Veronica (Ameena) Deramous:

    It’s not.

    Mansa Musa:

    It’s not no cakewalk with men, but in terms of the availability, why you think that y’all being … and this is what I want the audience to understand, we talking about the same rules and regulations. If I get caught with money in prison or a knife in prison, they going to find a rule, contraband category one, lock me on behind the door.

    You get caught with a knife, money, in a prison, category one, you going behind the door. I go up for parole, they can say, “Okay, go get the work-release before you come back up.” I can come back up for parole, and this is what I want the audience to understand, I can come back up for parole and be in a work-release environment, be working in Golden Corral, been working there for the last six months, and when I go back up for parole, say, “This is where I’ve been at.” They can tell you the same thing, say, no, they ain’t going to tell you that, because they tell you that mean that they got to have you do something that the institution’s saying I do. Isn’t that a problem in terms of parole?

    Christina Merryman:

    Yes, because parole puts stipulations and regulations that they want the incarcerated person to accomplish. MCIW makes it virtually impossible for us to accomplish those things. First off, you can’t get into classes when you’re not on a certain level. The administration chooses who they want to choose and place in those classes. There is no proper procedure. The people in the administration, and the certain officers that handle the way they choose the incarcerated persons to participate, have their favorites. Honestly, it’s like you are in a high school all over again. There is no proper structure, there is no proper help, and you can’t go to a certain officer to have help because, when you do, it gets back to the entire population. It’s horrible.

    Mansa Musa:

    And you say you did 13 or 14 of your …

    Veronica (Ameena) Deramous:

    Yes.

    Mansa Musa:

    How much time did you have? What was your overall sentence?

    Veronica (Ameena) Deramous:

    I had life suspend all but 25.

    Mansa Musa:

    Right. You did did 15-

    Veronica (Ameena) Deramous:

    14-

    Mansa Musa:

    14-

    Veronica (Ameena) Deramous:

    … off of my life suspend-

    Mansa Musa:

    So you mandatoried out?

    Veronica (Ameena) Deramous:

    No, I didn’t mandatory out, but I definitely did-

    Mansa Musa:

    You went out with days?

    Veronica (Ameena) Deramous:

    Yeah.

    Mansa Musa:

    You made parole with days?

    Veronica (Ameena) Deramous:

    Well, I just made parole. I was granted parole, and if I had not made parole I would still be there because of the system. Let me reiterate some of the things-

    Mansa Musa:

    Come on.

    Veronica (Ameena) Deramous:

    … that she said. Again, we have a list of groups and classes and programs on paper, but we don’t have those groups and programs active.

    Christina Merryman:

    True.

    Veronica (Ameena) Deramous:

    We have groups and classes and programs that you can be certified in and you can take those classes if they pick you. And, once you’re done with that class, the testing part isn’t there.

    You have a certification class that’s being given without the certification. Then do you have a certification class?

    Mansa Musa:

    No, you just do a class.

    Veronica (Ameena) Deramous:

    Okay. And we may have three or four of them, and then we lose the instructors, and so then we don’t have those. Hospitality, certification class, I was in that class when the instructor left for whatever reason and didn’t finish it. They said they were going to do cosmetology, but they did a barbering course in the women’s prison. And the ladies have taken … before I left, they were on their second group going through, and the first group, they still hadn’t figured out how they were going to test. The staff, I was in the military, I was in the United States Army, I never would have imagined going into a state facility not having any discipline or structure at all. The officer in the building, the officer on the grounds, every time there’s a different officer, there’s a different set of rules.

    Mansa Musa:

    There’s a different set of rules, that’s right.

    Veronica (Ameena) Deramous:

    Coming from the military, there’s one set of rules and everyone follows that set of rules.

    Mansa Musa:

    Yeah. Ain’t no consistency, ain’t no consistency.

    Veronica (Ameena) Deramous:

    None. And then, if you take officers who have no rank at all and put them in positions of power, you take an officer and make that officer the VAC coordinator who’s over all the programming, if she doesn’t like you, you won’t be-

    Christina Merryman:

    You don’t [inaudible 00:19:41].

    Veronica (Ameena) Deramous:

    … participating in those classes.

    Mansa Musa:

    Your volunteer activity coordinator.

    Veronica (Ameena) Deramous:

    Correct. You take another officer and you make them a case manager, and they don’t like you, but your case managers play a very large part in you being incarcerated. You take another staff member, off the ground, and make them the ARP coordinator. That’s a big problem.

    Mansa Musa:

    Yeah, yeah, administrative procedure.

    Veronica (Ameena) Deramous:

    Ho I going to complain about you, or any of your friends, and you’re handling the paperwork?

    Mansa Musa:

    And you know what? And, as you outline that for the benefit of our audience, this is important that we understand that what we’re talking about here is equity and equality, because we’re not complaining about, okay, you have this narrative crime, crying, time, if you did the crime, do the time and stop crying, but this ain’t about none of that. This is about, if the Code of Maryland Regulation says … it doesn’t say, “This is what the Code of Maryland Regulation say.” Code of Maryland Regulation don’t say, “In women’s prison, women get three meals. In the men’s prison, men get four meals.” It don’t say, in the Code of Maryland Regulation, say, “In women’s prison, women get one hour of rec and men get all-day rec.” It’s a uniformity, to go back to your point, it’s a uniformity from Department of Public Safety and Corrections all the way down.

    It’s a uniformity, but it’s only a uniformity when it comes to men’s prison. And so I want y’all to flush out this as we go forward. I want y’all flush this idea out, what impact does that have on your ability to maintain your sanity and get out? Because both of y’all got out. I’m not going to claim that I wasn’t damaged. First thing I got, when I got out, was mental health, because I understood that I needed to understand a lot that was going on, and I got good support in that work. But I understood this here that wasn’t nobody did four and a half years in that super-max. I did that on that, [inaudible 00:22:01] part around 12 people, and I knew it impacted me. I knew I had to get some type of help.

    Let’s start with you, Christina, how did that impact you in terms of your ability to function and survive to the point where you was able to get out?

    Christina Merryman:

    I am a people person. I am a social butterfly. I was all over that compound. I love people. But I found myself, when I was away, I isolated a lot, because the surroundings around me, mostly officers, if I didn’t, they will try to pull you out of your character to see you fail, and knowing that I had to isolate more of who I was and shut down. Coming home, it was a little bit of a struggle because … first thing I did was mental health. I see a therapist. I’ve never done that before in my life, and my mom doesn’t understand it. She’s like, “You don’t need that.” I’m like, “But I do,” because it’s such a change now that I’m home and I’m able to be this social butterfly again and not have that worry of who’s there, is somebody there, that person in that black uniform going to try to get me out of my character? It is a little bit of a struggle, when I first came home, of being able to be my true self and not have that tension, and it shouldn’t be that way.

    Mansa Musa:

    No. And I’ve been in that space. I was in Islam. I did a whole murder, different thing, and I recognized that we had to, in order to get food during the Ramadan, in order to get the opportunity to fast and be able to break fast, it was a whole lot going with that. Matter of fact, Salaam versus Collins, a case that came out, Salaam versus Collins, where the Muslims sued to get a Islamic coordinator in the environment.

    Black woman, Muslim and incarcerated, and like you say, I got your military background, so you got a certain discipline, but how was you able to maintain in being in that … and you also said, off camera, that you was a litigant, you was litigious, so you was a [inaudible 00:24:56] for the powers that be, which was a good thing. How was you able to maintain and be able to get out without finding yourself with an adjustment record that supersedes the amount of years you done?

    Veronica (Ameena) Deramous:

    Retaliation is real, believe that. I got one ticket, I got caught with a cellphone, because I was an advocate. So many things happened there that I tried to write up that could never get anywhere, that when they were passing a cellphone around, I got it. And when I had it, I was taking pictures of the maggots in the shower. I was taking pictures of all the goose poop that’s on the ground that we, as incarcerated individuals now, we know that outside people are coming because the grounds smell grapey. They have something to get rid of them when the time is necessary. Even if you do complain about something, before someone can come in, they will have fixed that, in addition to they’re not going to take you to the place exactly that we were speaking of. The staff members, some of the staff members, they clique up like the residents clique up. A couple of times, we were trying to figure out if they were members of specific groups.

    Mansa Musa:

    I understand.

    Veronica (Ameena) Deramous:

    When you’re trying to get better, when you’re trying to do better, but you’re being agitated, it’s hard. I’m not saying … and please, I don’t want you to think for two seconds that I feel like I did the right thing or that I didn’t deserve to do time, but I didn’t deserve to do time like that.

    Christina Merryman:

    Yeah, I agree.

    Veronica (Ameena) Deramous:

    I didn’t deserve that. I’m not exactly sure how things go, but I almost felt like MCIW had some type of protective shield because we couldn’t get the word out. My mail didn’t go out. My mail didn’t go out. I would get my mail back two months later, opened. You can’t get the information out. Even to hear you say that you complain about things and you’re able to make a change, we weren’t, are not, able to make those changes because we can’t get to anyone.

    Mansa Musa:

    Let me ask you this here. Going forward, what do you want to tell the women that are back … they’re still in the Women’s Cut. What do y’all want to tell them as we wrap this segment up about what it is y’all want them to leave them with in terms of motivating them in the spirit and get them to maintain? Christina?

    Christina Merryman:

    To try to do what I did, get involved in everything you can possibly get involved in. Stay busy. Stay connected with as many outside connections, support members, that you have. Stay positive. Keep a smile on your face, and kill every officer with as much kindness of spirit as you have. And do not, no matter what, let them rent the space in your head to take you out of your character, because they’re not worth it, and it will get better because there’s a date, you will have your date, your time will come, and it will get better. And you’ve got girls like us. You’ve got your advocates.

    Veronica (Ameena) Deramous:

    Absolutely. For me, I want everybody to know that I love you guys.

    Christina Merryman:

    Yes.

    Veronica (Ameena) Deramous:

    I was excited and sad to leave at the same time. I left my family, my children, my parents, my sisters, for 14 years. But when I left MCIW, I left a different family. I had a lot of support and I’m grateful for that. I want you ladies to know that there are a group of us that have been released and we are fighting on your behalf and we’re going to get the word out. They let out the right ones. [foreign language 00:29:41].

    Mansa Musa:

    That’s right, that’s right.

    Veronica (Ameena) Deramous:

    They let out the right group of ladies. We got you.

    Mansa Musa:

    Yeah. Okay. We Rattling the Bars. We got Ameena and Christina, recently released from the Women’s Cut, as we refer to it, and as we recognize from this conversation that it is in fact a notorious environment. But, like the phoenix, both of these young ladies, both of these ladies, has risen, and we are here to advocate on behalf of our sisters. We don’t leave nobody behind. There you have it. The Real News, Rattling the Bars.

    Speaker 4:

    Thank you so much for watching The Real News Network, where we lift up the voices, stories, and struggles that you care about most, and we need your help to keep doing this work. Please tap your screen now, subscribe, and donate to The Real News Network. Solidarity Forever.

    This post was originally published on The Real News Network.

  • When Erica Hamlett’s 16-year-old son Jawone Nicholson called her from a Howard County cul de sac while waiting for a bus, she assumed it was a routine check-in to let her know he was en route to an after-school program.

    Instead, he told her a man he didn’t know had pulled out a gun and pointed it at him. Terrified, Hamlett sprang into action.

    She rushed to the site of the confrontation. Soon, she learned the man, dressed in jeans and a sweatshirt, was an off-duty Baltimore cop. Jawone told her the man had pulled the gun after confronting the teen over why he was lingering in the neighborhood. The yet-to-be-identified man had flashed a badge and was still standing menacingly nearby.

    Hamlett called Howard County police. An officer quickly disarmed the Baltimore cop, Damond Durant. But Hamlett was so shaken she also started to shoot video from her phone as she confronted him.

    That footage became part of a series of TRNN investigations chronicling this fraught 2017 encounter and Hamlett’s subsequent push to hold Durant accountable—efforts that came to fruition last week when a federal jury awarded $250,000 to Hamlett’s son.

    “The verdict in support of Mr. Nicholson is a clear message that members of the community will not stand for unwarranted violence against its members.”

    The judgment was the result of a federal lawsuit filed by Baltimore attorney Carey J. Hansel. The filing describes how the troubling encounter caused Nicholson mental duress, including insomnia, panic attacks, and the need for months of therapy.

    Hansel tried the case with his associate, Tiana Boardman. She said the jury’s decision was a clear statement that the community would not tolerate casual threats from officers.

    “The verdict in support of Mr. Nicholson is a clear message that members of the community will not stand for unwarranted violence against its members.”

    The impact of Officer Durant’s actions was first recounted to TRNN in 2018 in a series of interviews in which Nicholson recalled the tense moment when Durant confronted him.

    “He pulled the gun and then we put our hands up and started walking away, and he followed us,” Nicholson told TRNN in an interview shortly after the encounter.

    “He came up and he never identified himself as an officer. He asked us why we were over there, asked us a few questions, and then he pulled his gun.”

    For Hamlett, the encounter was frighteningly similar to many often-deadly interactions between American police and young Black men.

    “He can be doing everything right, everything right, and that man had every opportunity to kill my son,” Hamlett told TRNN.

    “And from the lies that he’s told since the incident, he would have had no reason not to tell a lie to make it seem like my son provoked him to do what he did to him.”

    The settlement has received widespread coverage in Baltimore. However, Hamlett’s nearly seven-year odyssey has received less attention.

    Initially, she tried to file an internal affairs complaint against Durant over her concern that Durant’s reckless use of a gun could occur again.

    “This particular police officer broke somebody’s jaw a few years ago. The city paid out a large settlement to the suspect. And then, here is this incident that occurred with my son. So, to me, it makes the officer feel like “I can do what I want with no accountability,” she said shortly after she filed the complaint.

    The city did initially accuse Durant of violating departmental regulations by filing administrative charges. But a judge tossed the case after ruling that the city filed after the statute of limitations had expired.

    Hamlett also tried to obtain a restraining order against Durant, representing herself pro se in a Howard County court. The judge ruled in her favor. For her, the ordeal has been a lesson in the obstacles to holding police accountable.  

    Hamlett said to TRNN, “We are relieved that after seven long, difficult, even fearful, years, we finally received some form of justice. Holding police accountable for their actions isn’t a clear nor easy path. The officer is still a Baltimore City police officer and my son still has the fight of collecting his award, but we can finally celebrate a win… but without you and those 1 million-plus comments I’m sure our story wouldn’t have gotten the attention it deserved.”

    Previously, Hansel’s firm was the lead litigant in a landmark civil rights case against the Baltimore Housing Authority. The suit alleged maintenance workers traded sex for repairs at the public housing complex Gilmor Homes. The city settled for $8 million in 2016.

    Hansel Law Firm has become an important facet of government accountability for Baltimore residents, as they have reached out to assist victims in litigation after our investigative series in Gilmore Homes, Perkins Homes, and now Erica Hamlett’s family. 

    Hamlett told TRNN, “No one else really listened before you… We just hope that others will gain the strength to fight for justice as well.”

    This post was originally published on The Real News Network.

  • In 1977, American Indian Movement member Leonard Peltier was convicted of the murder of two FBI agents, and has remained a political prisoner of the US ever since. Peltier’s conviction has long been contested by activists and legal experts. Despite the recantation of three key witnesses, his case has never been brought back to trial. Peltier has been eligible for parole since 1992, and the federal government has ignored calls to free him for more than 30 years. Rachel Dionne Thunder joins Rattling the Bars to discuss Peltier’s case and the radical vision of the American Indian Movement which the federal government has sought to repress through Peltier’s incarceration.

    Studio Production: David Hebden
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Rachel Thunder, her name speaks for itself, was reared in the spirit of the American Indian Movement and active in freeing Leonard Peltier, the longest held political prisoner. Welcome to Rattling the Bars, Rachel.

    Rachel Dionne Thunder:

    Hi. Thanks for having me.

    Mansa Musa:

    Tell our audience a little bit about yourself, Rachel.

    Rachel Dionne Thunder:

    So my name is Rachel Dionne Thunder. I currently live in Minneapolis, Minnesota. I come from an AIM family, that’s the American Indian Movement, which is a Civil Rights movement for American Indian people that started here in Minneapolis in 1968. I’m also one of the co-founders and board members of our organization here called the Indigenous Protector Movement.

    And so, growing up as a girl, as a little girl in AIM, I always heard stories of Leonard Peltier and those founding members of the American Indian Movement, and the injustices that they fought during the Civil Rights era in the late ’60s and early ’70s. And so, our work today is carrying that on, but also not forgetting our now elder, Leonard Peltier, who is the longest-held indigenous political prisoner. He’s been held for nearly five decades at this point.

    Mansa Musa:

    We’re talking about people whose nation, these are nations that’s asking for… The thing with Leonard Peltier is because of, like you said earlier, the Civil Rights. But it’s more about the human rights of a people who are claiming nationhood and the right to self-determination and the right to govern themselves. And it’s because of this that we find a situation with Lewis Peltier. But not only with him, but other indigenous people that have came and gone. And so, let’s talk about, as you spoke earlier, about AIM. Now, we recognize that, and it came out, I think the birth is in the Minneapolis, if I’m not mistaken.

    Rachel Dionne Thunder:

    Yeah. In 1968.

    Mansa Musa:

    1968. We know that during that period, a series of events took place that led up to AIM being organized into an entity. We had all the tribes, various tribes come to Washington during the Nixon administration to try to get treaties that was signed, giving back properties, getting out the way of indigenous people from having their own nation. That they came to Washington with the sole and purpose of educating the populace about what was going on on the reservations, and then the different parts of the country where indigenous people was populated.

    As a result of that, that put them on the radar, because they took over the Bureau of Prisons… Not the Bureau of prisons, but it took over the Bureau of Indian Affairs because they came to Washington with the understanding that they was going to be, that this was an opportunity for the federal government to acknowledge what they doing, and to pave the way for the various nations to come together and get their own autonomy.

    Rachel Dionne Thunder:

    Right, and you’re speaking on what was the Trail of Broken Treaties.

    Mansa Musa:

    The Trail of Broken Treaties, right. Go ahead, talk about that.

    Rachel Dionne Thunder:

    Which, that was a caravan that took place, where thousands of individuals went to Washington D.C. with 21 points to honor, what you were saying, our sovereign indigenous rights as sovereign nations existing here in what we call Turtle Island, which is effectively the United States and Canada. And so, as a sovereign nation, we exist separate from the United States government and the Canadian government. We are effectively our own countries, our own nations, and there are treaties that were signed with the United States government and with the Crown, actually, it’s not the Canadian government. And every single one of those treaties that were signed, which is over 570 in the United States alone, have been broken.

    And in those treaties, you can find things all the way from land ownership, to hunting and fishing rights, to the rights to be able to supply our own food, our healthcare, our education. And so, all of these points in these treaties were broken, and so that was the point of the Trail of Broken Treaties was to raise awareness to that effect and to bring that issue to Washington.

    And once they arrived, they found that they were not going to be hosted the way that they were originally planned to be.

    Mansa Musa:

    [inaudible 00:05:26]

    Rachel Dionne Thunder:

    Yep. And so, that was when the occupation of the Bureau of Indian Affairs occurred in Washington D.C.

    Mansa Musa:

    And we want to acknowledge that when things was articulated about what that actually happened, actually the distortion was that it didn’t have nothing to do with all the aforementioned things. It had something to do with savages coming to District of Columbia, taking over the Bureau of Indian Affairs. But the recognition is that no, this was an organized activity designed around and not getting an acknowledgement of certain treaties that was around it.

    But as we move forward, out of this came what we know as the American Indian Movement, because that’s when it became, the organization structure started to take shape. And it’s at this juncture, and I remember it distinctly because I was incarcerated, and I was involved with a collective that was the Black Panthers, and the black Panther papers always keep us abreast of what was going on with different movements during that period. And this was one that was being highlighted, because not only did they do that, they had took over… It was a series of events that took place. They took over the island where the prison was at.

    Rachel Dionne Thunder:

    Alcatraz.

    Mansa Musa:

    They took over Alcatraz, and they started policing. They started providing security for the various reservations where the Bureau of Indian Affairs and their proxies was terrorizing the community. Talk about, like you say, you are a child of AIM. Talk about your views on those things as you know them to be today.

    Rachel Dionne Thunder:

    So the way that I was told is that the American Indian Movement was born in the prison system. Our people are incarcerated at some of the highest statistical numbers. And so what we saw during that time and what we were told is that there was a renewal, a rebirth of our traditional spiritual practices in the prison system. Our men were able to return to the sweat lodge, they were able to return to the drum, and once they had received that traditional healing in the prison system, they came back out on the streets and they brought that back to the people.

    And so, Clyde Belcourt, Eddie Benton-Benet, Russell Means, Dennis Banks. These are all co-founders of the American Indian Movement. And here in Minneapolis, police brutality against our people was at a high. And so when they came out of the prisons, they enacted AIM Patrol, which was protecting our people from the Minneapolis Police Department. And that hasn’t gotten too much better today, but that’s a different podcast.

    Mansa Musa:

    Right, right.

    Rachel Dionne Thunder:

    But specifically in South Dakota, to kind of flip things towards Leonard Peltier, Wounded Knee, the occupation of Wounded Knee happened in 1973. And so, that was led by the American Indian Movement in an attempt to bring attention and awareness to protect the traditional people of the Pine Ridge Indian Reservation that were being attacked, that were being assaulted, that were being murdered by the FBI and non-traditional natives and a corrupt tribal council that had been effectively bought out by the FBI.

    So, the occupation of Wounded Knee began a period of time known as the Reign of Terror. So in 1973, it was a three-year period of time known as the Reign of Terror that was led by corrupt tribal chairman, Dick Wilson, the Goon Squad, which is the guardians of the Oglala Nation, and the FBI. And so, what you had during this three-year period of time was intensive local surveillance, repeated arrests, harassments, 64 local murders of natives there on the reservation, and over 350 serious assaults during that time. So you have to understand that context, that atmosphere of violence at that time.

    Mansa Musa:

    That’s right.

    Rachel Dionne Thunder:

    That the traditional people were experiencing. And so, what happened was they called AIM. They called AIM here in Minneapolis, and they asked for help. They asked for protection. And so, responding to that call were warriors that went there to the Pine Ridge Indian Reservation to protect their traditional people, so that they wouldn’t be murdered, so they wouldn’t be assaulted.

    And so, one of those individuals that responded to that call was Leonard Peltier, that went there to the Pine Ridge Indian Reservation to protect the people. And ultimately, almost three years later, after the occupation of Wounded Knee, we have what’s known as the Incident, the shootout at the Jumping Bull Camp, which happened in June of 1975.

    And so in June of 1975, there was a camp set up of AIM members and traditional people, mostly women and children at the Jumping Bull Residence on the Pine Ridge Indian Reservation, and some of the AIM members who were there setting up camp as well. And on June 26th, two unmarked cars, which were later found to be two FBI agents in civilian clothes, but two unmarked cars followed a van into the complex, and what ensued afterwards was a shootout. And you have to remember the violence that was happening there on the reservation.

    Mansa Musa:

    Right, right. [inaudible 00:11:58]

    Rachel Dionne Thunder:

    Yep. So a shootout happened, and at the end of that shootout, both agents, later to find out agents, were dead. And one Native American man, Joe Stuntz, whose death has never been investigated, and no one has ever been charged with his murder. But two FBI agents, Ronald Williams and Jack Coler, were both dead at the end of the shootout.

    What ensued after that was a manhunt to seek justice for these two FBI agents that have been shot, and for the FBI to make an example out of native people, saying that if you resist, if you stand up, if you don’t go along with this strong arm of the United States government, if you stand on your traditional values and your traditional ways, this is what will happen to you.

    Mansa Musa:

    Right. And Rachel, we recognize that the Reign of Terror, but right there, they had the lackeys that was from the Bureau of Prison, the lackeys that were responsible for suppressing anybody on the reservation, anybody, any indigenous person, to suppress or repress their, any desire they had to have any type of self-determination. That they was primarily there, when they was trying to get him out, when they was trying to get the Bureau of Indian Affairs, the representative is trying to get him out. This whole thing, FBI, the military came to prop him up, or to solidify their reign, in terms of terrorizing people. But talk about how they wind up identifying Leonard Peltier as being involved in these agents being killed.

    Rachel Dionne Thunder:

    So what ended up happening, so these two agents were originally going in, apparently, to serve a warrant for a pair of stolen cowboy boots.

    Mansa Musa:

    Two agents for a pair of cowboy boots?

    Rachel Dionne Thunder:

    Yeah, two FBI agents.

    Mansa Musa:

    Two FBI agents. Right. Okay.

    Rachel Dionne Thunder:

    For a pair of stolen cowboy boots. They were serving a warrant for a man named Jimmy Eagle, and they were following a van in that reportedly had been known to be Jimmy Eagle’s van.

    But what ended up happening was, there were arrests made at the end. And so there were three arrests made. There were Bob Robideau, Dino Butler, and Leonard Peltier. But Leonard Peltier was not arrested until later. First it was Bob Robideau and Dino Butler were both arrested, and they were tried in Cedar Rapids, and they were both found not guilty and acquitted on the grounds of self-defense. And then later, Leonard Peltier was arrested in Canada.

    But the way that Leonard Peltier was linked to this case is that, on the Kansas Turnpike outside of Wichita, in Wichita Kansas, there was a van that exploded on the turnpike, and magically in this van that exploded… This is a separate date later on, there was an AR-15 found in the van, there was Agent Coler’s .308 rifle found in the van, and some homemade explosives.

    And from this van that magically appeared in Wichita, Kansas on the turnpike, they determined that the AR, that specific AR-15 was Leonard Peltier’s AR-15, and that AR-15 was the one used to kill the agents, even though there were multiple AR-15 there at the shootout that day, and to say whose was whose…

    Mansa Musa:

    Right. Exactly.

    Rachel Dionne Thunder:

    And so…

    Mansa Musa:

    Go ahead. Go ahead.

    Rachel Dionne Thunder:

    Part of the belief that Leonard Peltier was specifically targeted was because of his leadership in the movement, in the American Indian Movement. Because during that time, even outside of Pine Ridge, outside of Wounded Knee, when you look at all of these strategic calls to justice that the movement was doing at the time. You mentioned them, the BIA takeover, the takeover of Alcatraz, standing up against the system. There was a nationwide manhunt for leaders in the American Indian Movement and heavy, heavy COINTELPRO happening in the movement too, to cause division. And so anytime there was an opportunity to place any of the leadership in a situation that could be used against them, it would be used. And so, in this instance, that was the case for Leonard.

    Mansa Musa:

    And I wanted to bring that point home about COINTELPRO, this is just my philosophy, right? If COINTELPRO is involved in your case, then you ain’t get a fair trial, because their whole design is, this is what their design is, to manufacture evidence, to coerce witnesses, to outright lie, to isolate the individuals, to attack their support base, and at the end, to get a conviction, which is not going to be hard to get under those circumstances. Because like in Peltier’s case, they claim that someone that was supposed to have knowledge of the incident was around when it happened. Later we can say, well, they was coerced. And then when we can say they was coerced, the state and the system say, oh, well, they suffer from some type of mental illness.

    Rachel Dionne Thunder:

    You’re speaking about Myrtle Bear.

    Mansa Musa:

    If your word can’t be taken on your recantation, how can your… Because of your mental state, if I recant, you’re saying I can’t be trustworthy on my recant because of my mental health, but yet my initial statement has validity? That in and of itself is suspect. But talk about why you think, and you hit on a little bit, why you think they’re so adamant about holding Leonard Peltier, even in the face of overwhelming evidence and information that he was set up by the FBI because of his political involvement with AIM.

    Rachel Dionne Thunder:

    I wanted to touch a little bit on what you just said too, because Myrtle Poor Bear signed, there was two affidavits that were based off of Myrtle Poor Bear’s testimony that was used to extradite Peltier from Canada to begin with. So he should have never even left Canada after he was arrested, to even be brought to the United States to have a trial. He should have stayed in Canada, because the affidavits were based off, of course, testimonies.

    But in the big picture of what you’re speaking on, because our people, as indigenous people of Turtle Island, let’s just go ahead and throw South America into indigenous people of North and South America. We have been resisting and fighting colonization and the colonial governments of the United States and Canada and South America for over 530 years, since they first stepped foot here on these lands. And in that genocidal war that we have been in for over 530 years, their genocidal tactics have only shifted faces. Hundreds of years ago… Well, actually less than a hundred years ago, in some instances, they could just outright massacre our people.

    And today, because of political environment, they can’t just outright massacre our people, but they can massacre us in other ways. They can massacre us through the justice system. They can massacre our people by not fighting the drugs and alcohol that are plaguing our communities. They can massacre our people by making sure that we don’t have access to healthcare or to education.

    There’s different tactics that genocide follows over years. And Leonard Peltier is a piece of that. They’re saying, if you resist our colonial government systems, if you resist colonizing your traditional ways, and you want to stay traditional, and you want to continue to fight the system, this is what will happen to you. And it doesn’t matter if you did it or if you didn’t do it, we’re going to make it look like you did it.

    Mansa Musa:

    Right. And that’s where I wanted really to emphasize the point, because I said earlier, reparations, if you were saying that you was interned as a Japanese during World War II and you want to be compensated for that, that’s a behavior and an act that was inflicted on you as a citizen of this country. That was an act that was inflicted on you when you was brought to this country as a slave.

    But the issue, and I really want to emphasize this issue for our audience, the issue of indigenous people is, this is our land. You on our property. You signed treaties to say that we have the right to sovereignty, to autonomy. And when we seek to exercise that, because now you find out that where we are at is on mineral-rich soil, or where we are at is more important for corporate America or capitalism and imperialism. Now you going to say that, well, we don’t want to give you independence. We want to acclimate you and become an American, and through that process, ignore your rights to have your own autonomy.

    And this is why I think that I was asking about why Peltier, because it stands to reason, to be held that long under the most dubious circumstance. Even like Geronimo Pratt. It was obvious he was innocent. It was obvious that they spent all that time to hold onto that fabrication. But at some point, it unraveled. But with Peltier’s case, even in the face of the evidence saying that he’s innocent, even in the face of the evidence saying that he’s being held captive because of his stance on his right to be treated, have a right to self-determination, that that right there seemed like to be, like for the United States of America, a line in the sand. It ain’t even asking him, like to renounce status. They saying, we just going to let you die a dead of a thousand cuts. Do you get that same impression?

    Rachel Dionne Thunder:

    Yeah, no, I do. I was just sitting here listening to what you were saying, and it made me think about just how unfair his trial was. I don’t think we’ve really touched on his trial.

    Mansa Musa:

    Come on, talk about it.

    Rachel Dionne Thunder:

    Because Bob Robideau and Dino Butler were both tried in Cedar Rapids, right? So we touched on that Leonard was extradited from Canada. So he had a separate trial in a separate location. He was brought to Fargo, North Dakota, so he was not tried in the same location as Bob Robideau and Dino Butler, where they were found not guilty on self-defense.

    So he was in Fargo, North Dakota. He was with a different judge. All of the evidence and testimonies from Dino and Bob’s trial were not allowed to be in Leonard’s trial. It was found inadmissible. There were coerced testimonies. There was evidence tampering, with the whole AR-Fifteen and the van that exploded in Wichita, Kansas. At the end of his trial, the jury only deliberated for six hours, and at the end of his trial, he was found guilty and sentenced to two consecutive life sentences. And so, what he was found guilty of was murder at that time.

    Later on… Later, we’re talking decades later, in the year 2000, with the Freedom of Information Act, a lot of information came out about the injustices in his trial. It was proven. And so, through that, his sentencing or his charges actually changed to… They changed it. They changed it to aiding and abetting the murder of Ronald Williams and Jack Coler. But that’s an interesting point in itself, because Bob Robideau and Dino Butler were both acquitted and found not guilty. So who is he aiding and abetting? Himself? Can you aid and abet yourself?

    Mansa Musa:

    Yeah, aid and abetting. I’m aiding and abetting you in self-defense. You are defending yourself, so I’m aiding and abetting, I’m helping you defend yourself. I’m helping you defend yourself. I’m not doing nothing to the person that’s trying to do something to you. I’m aiding and abetting you in defending. That’s the illogic of this whole thing.

    But talk about where we at right now in terms of, because I told you earlier when we came on, how important it is for Real News and Rattling the Bar, how important it is for us to be able to get this information out there and beat this drum constantly about Leonard Peltier there. We don’t want to be in a position where we’re eulogizing our freedom fighters, we’re eulogizing our comrades, because now we holding them up in high esteem because of what they stood for. We want to be able to say that we fought the fight to the end, and no matter what, that’s our position. He’s innocent. He should be let home. So talk about where we at right now with his case and if you have knowledge of it.

    Rachel Dionne Thunder:

    Yeah, I actually, I just talked to Kevin Sharp yesterday. So Kevin Sharp is Leonard Peltier’s lawyer that’s in charge of overseeing his parole hearing that’s coming up, passionate release and clemency petitions. So those are the three paths that Leonard Peltier currently has to being released. And so, I can kind of touch a little bit on each one of those.

    Peltier first came eligible for parole in 1993, and so he’s eligible, but on all of those hearings, he was denied parole, obviously. But he is eligible for parole now again this year. So there is that avenue. There is the compassionate release avenue, which there has been three compassionate release petitions filed for Leonard Peltier over the years. There’s a fourth currently being pushed through the system. And then the third opportunity for freedom, it would be clemency through the Biden administration. So those are the three possibilities right now.

    And then, in reality, we have to be very real about the situation. Leonard Peltier is 79 years old. He’s going to be 80 years old in September. He has type two diabetes. He has an abdominal aortic aneurysm that is fatal if it ruptures. He’s lost 80% of vision in one of his eyes from a stroke. And what Kevin was telling me yesterday is that he has lost most of his vision now, at this point, and that’s a mixture between cataracts, glaucoma, and his diabetes affecting his eyesight. So if one of these three avenues, the clemency, the parole or the compassionate release, don’t happen, and they don’t happen soon, we will be in a situation where it’s too late and Leonard Peltier will have died in prison.

    And in recent years, there has been a really strong push for Peltier. In 2022, myself, I led, along with other members in the American Indian Movement, we led a walk, where we walked from Minneapolis to Washington D.C. It took two and a half months. It was 1,103 miles, and we had rallies along the way. We had rallies in Madison and Chicago and Cleveland, Toledo, Pittsburgh. And we had a rally in D.C. where we met with senators and representatives there to advocate for the release of Peltier.

    Just this previous year, there was a caravan from South Dakota to Washington D.C., where it ended in a large rally in front of the White House, where several arrests were made. Several of our people were arrested there, protesting in front of the White House. And we have a lot of support through the National Congress of American Indians, through the Senate, through the House of Reps for clemency, for compassionate release for Leonard.

    And so, all of this energy and culmination of history and sacrifice of people and work of people over the decades for Peltier is really coming to this head point now, that if something doesn’t happen now, it won’t happen. And there’s, in several speeches and several times during the walks, during the caravans, during the meetings with representatives, we have made it very clear that they don’t want Leonard Peltier to die in prison. If they want to keep relations with indigenous people and native people in our communities somewhat positive, then they need to let Leonard Peltier go.

    Mansa Musa:

    Right. And as we close out, tell us about your organization, how we can get in touch with you, and how people can stay abreast of what’s going on now with your organization, with upcoming events around Leonard Peltier.

    Rachel Dionne Thunder:

    I would say that there are two organizations to follow. One would be our organization, the Indigenous Protector Movement, and we are on all social media handles, and NDN Collective, and that’s the letters N, D and N Collective. They’re based out of South Dakota. They work a lot with Kevin Sharp, working towards the freedom of Leonard Peltier. And so, both of our organizations are heavily involved. We’ll share updates.

    And I would say that the biggest ask that anybody could do would be to call your senator, call your local representative, and say that you support the release of Leonard Peltier and that you want their elected official to do the same. Because a lot of this is a political game at this point.

    And I’ll just kind of wrap up by saying that, through these stories that I’ve heard growing up of Leonard, of carrying on this fight for Leonard in my life and seeing it come to this point, that by holding Leonard, they’re holding a piece of all of us as indigenous people. That until Leonard is free, none of us are free. And if they can do it to him, they can do it to any of us. And I don’t mean only native people, anybody that resists the long hand of the United States government.

    Mansa Musa:

    Right. Turtle Island. And thank you, Rachel, for coming in and rattling the bars. You definitely rattle the bars in the spirit of indigenous people, like you say, warriors fighting for the rights that they not asking for. I’m not asking you to acknowledge my rights. I’m asking you to get out of my way while I exercise my right to my freedoms. I’m not asking you to give me nothing. I’m asking you to get out of my way as I go forward and live my life as my ancestors lived their lives. I’m not asking you for no monies. I’m asking you to get off my land so I can cultivate the land and produce the necessary minerals and resources to feed my people and strengthen my people.

    And I agree with you. Peltier is all of us, or Angela Davis say, they come for you in the morning, they’ll come for us at night. Well, as long as Peltier remains captive, all of us is captive, and we need to really step forward and let people know. And we encouraging our listeners and our viewers to really look at what Rachel Thunder is saying about indigenous people, and really listen to what she’s saying about Leonard Peltier and the fact that according to this country, you have a freedom of speech and a freedom of thought, but it’s only if you not indigenous or a person of color, do these rights get acknowledged. Thank you for coming in, Rachel. Thank you for rattling the bars with me today.

    This post was originally published on The Real News Network.

  • A Wisconsin man making Doordash deliveries in the vicinity of Lake Superior had his world suddenly turned upside-down by a traffic stop gone terribly wrong. Body camera footage of the stop shows police officers barking contradictory orders at the driver, who does his best to comply, before mercilessly using a taser on him. The man, who was later charged with resisting arrest and driving the wrong way up a one-way street, says he was not informed about the reason for the stop before police brutalized him. Police Accountability Report examines the facts and unpacks what this case reveals about law enforcement’s broad powers to deploy force against civilians.

    Production: Stephen Janis, Taya Graham
    Post-Production, Stephen Janis, Adam Coley


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham, and welcome to the Police Accountability Report. As we always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible. And today, we’ll achieve that goal by showing you this video. It depicts police using violent force against a DoorDash driver for turning onto a one-way street. But when you watch how this car stop unfolded and how dangerous the situation became, you’ll understand why we need to drill down into all the details and how and why this harrowing car stop happened. But before we get started, I want you watching to know that, if you have video evidence of police misconduct, please email it to us privately at P-A-R @therealnews.com or reach out to me on Facebook or X at tayasbaltimore. And we might be able to investigate for you.

    And please like, share, and comment on our videos. It helps us get the word out, and it can even help our guests. And you know I read your comments and appreciate them. You see those hearts down there. And I’ve even started doing a Comment of the Week to show you how much I appreciate your thoughts and to show what a great community we have. And we have a Patreon called Accountability Reports. So if you feel inspired to donate, please do. We do not run ads or take corporate dollars, so anything you can spare is truly appreciated. All right, we’ve gotten that out of the way. Now, one of the most precarious powers we confer upon police is the discretion to use deadly force. It’s a truly terrifying idea to contemplate and something that can lead to irrevocable injury and suffering to the people subject to it. One of the problems with the ability of police to use violent force is how often it is deployed for what could best be described as questionable justifications.

    This is why, today, we will be reviewing the video I am showing you now, and it’s an example of how little impetus police need to use it and how easy it is in a situation where force is deployed to completely spiral out of control. The story starts in Lake Superior, Wisconsin. There, a DoorDash driver named Ian Cuyper was en route to make a delivery. He was a bit confused, because he was navigating an unfamiliar neighborhood. And Ian took a wrong turn down a one-way street. Realizing his mistake, he immediately stopped his car, but before he could turn around and right his error, the police pounced. And inexplicably, without even speaking to Ian, they began to order him out of the vehicle. Take a look.

    Police:

    [inaudible 00:02:43] door. Do it now. With your left hand, grab the door handle, open the door, do it now.

    Ian Cuypers:

    Come on.

    Police:

    Unlock it. Keep your hands up. Slowly step out of the vehicle and face away from us.

    Ian Cuypers:

    What?

    Police:

    Face away.

    Ian Cuypers:

    [inaudible 00:03:08] happening.

    Police:

    Keep your hands up, face away from us. Right now.

    Ian Cuypers:

    [inaudible 00:03:16].

    Police:

    All right, put your hands behind your head and interlace your fingers.

    Taya Graham:

    Now, you’re probably wondering why police were so aggressive from the onset. So were we. So we obtained the officer’s report after the incident occurred. In it, the officer cited furtive movements as the reason for taking such extreme actions, seriously. I just want you to watch as the officers continue to bark orders at Ian and see if his movements are indeed furtive.

    Police:

    Just listen to his instructions. Move slowly backwards to sound of my voice. You understand? Start moving. Slow down. Keep forward. Keep on walking.

    Taya Graham:

    The officers continue to escalate, and as you can see, Ian becomes confused. First, I think the instructions are somewhat contradictory and difficult to interpret. And second, there are no less than four officers on the scene making this situation even more chaotic and stressful. Just watch.

    Ian Cuypers:

    I feel like I’m being assaulted.

    Police:

    Put your hands on top of your head. Put your hands on the top of your head [inaudible 00:04:25].

    Ian Cuypers:

    I feel like I’m being kind of…

    Police:

    Stop moving. Hold up. Let me take over for a second. Keep looking forward. Don’t do anything other than keep your hands on top of your head. That’s it. Put your hands on top of your head. Stop moving.

    Ian Cuypers:

    Guys, you have guns on me. I really do not feel like I’m being…

    Police:

    Follow our instructions.

    Ian Cuypers:

    What are these lasers?

    Police:

    I want you to get down on your left knee. Get down on your left knee.

    Taya Graham:

    Still, Ian tries to comply. He’s obviously terrified, but still trying to follow this police-conjured game of Twister. Unfortunately, one of the officers decides he’s not complying enough. Take a look.

    Ian Cuypers:

    Can I please get an explanation?

    Police:

    Do it now or you’re going to get tased. Get down on your left knee.

    Ian Cuypers:

    No.

    Police:

    Don’t move or you’re going to get tased again. [inaudible 00:05:31] Keep watching the vehicle. Yeah, get this guy dried back. Let’s get this vehicle out of here.

    Taya Graham:

    Here’s the question this video raises, what happened prior to deploying the taser, which necessitated using it? I asked this question, because as I said at the beginning of the show, the use of deadly force is a power that police have both the freedom to use and abuse. And it’s up to us to make sure the latter doesn’t happen. Still, as you can see, officers continue to use a taser to send thousands of bolts of electricity through Ian’s body.

    Ian Cuypers:

    I can’t feel my legs.

    Police:

    Okay. Do you need medical attention?

    Ian Cuypers:

    Do I? Fuck, is that going to cost me money?

    Police:

    Do you need medical attention?

    Ian Cuypers:

    What does that entail?

    Police:

    It entails an ambulance coming to look at you to make sure that you are medically okay.

    Ian Cuypers:

    Can I get some time to collect my thoughts?

    Police:

    We’re going to need you to stand up now or we are going to stand you up. You either do it yourself or we do it for you. Hands up.

    Ian Cuypers:

    You can stand me up. There’s one in the…

    Police:

    Who else is in the vehicle? How many people?

    Ian Cuypers:

    There’s no one in there. There’s no one else in the car.

    Police:

    Okay.

    Ian Cuypers:

    I have shirts in the back seat covering the windows, because I banged in there one time.

    Police:

    [Inaudible 00:06:49] hands off.

    Ian Cuypers:

    Look, there’s no one in there.

    Police:

    So we’re going to sit you up. Take your knees and bring them forward.

    Ian Cuypers:

    I didn’t think to use…

    Police:

    We’re trying to get him up and moving. Bring your knees to your chest. One, two, three.

    Ian Cuypers:

    I give you consent to just put me however you want.

    Police:

    Ready? One, two.

    Ian Cuypers:

    Thanks. Yeah.

    Police:

    Walk him back this way. You okay? We’ll get it. Just walking him back.

    Taya Graham:

    Now, usually, I would end the video review here. There’s no reason to show more than once the pain and suffering experienced by Ian. However, in this case, there is critical evidence that unfolds as the police effectuate the arrest. First, Ian asks why he was stopped, tasered, and what his charges are. Take a listen. Okay,

    Ian Cuypers:

    Is my car suspicious or something? I just really would like to know what’s happening.

    Police:

    Okay, we’ll explain what’s happening in a second. My partner pulled you over and called for more squads, and here we are. And then, we’re in this position, because you were not following our commands.

    Ian Cuypers:

    Well, I pulled over right away, and then, a bunch more cops showed up.

    Police:

    You were not following our commands. That is why we are in the position we are in.

    Ian Cuypers:

    I followed all your commands.

    Police:

    You sure didn’t.

    Ian Cuypers:

    What didn’t I do?

    Police:

    You sure did not follow…

    Ian Cuypers:

    What did I not do?

    Police:

    We can discuss that in a little bit.

    Ian Cuypers:

    Okay.

    Taya Graham:

    Okay. So nothing from the police that we hear appears to justify the use of force, but now, before I get to more of the evidence about this flimsy justification, I want you to watch something that is rarely witnessed by the public, the painful consequences of a taser, beyond the literal paralysis of your nervous system. I’m talking about removing the barbs that pierce the skin and create the current that electrocute your body. They have to be removed. Normally, that’s left up to a doctor or EMT or at least a medic to ensure less bleeding and that the puncture site is properly sterilized, but the cops in Superior decide they’re superior enough to do it themselves. Take a look.

    Police:

    [inaudible 00:08:44] the light. Yeah, hold the light. [inaudible 00:08:51] Lift your hands up for me, up. Like that.

    Ian Cuypers:

    It’s like a lot of commands [inaudible 00:09:02]

    Police:

    So I’m going to have to get this. I got them. Sorry. We’re just going to have to…

    Ian Cuypers:

    So am I under arrest?

    Police:

    At this point, you are not free to leave. You can talk with my partner more about that in a second. You want me to cut one of… Yeah, I want you to cut the wires. Hey, stay leaning against the vehicle. Otherwise, Jason, I know you have shears too. [inaudible 00:09:37] I know. I just don’t want you to fall over or move or any of that kind of stuff. Take a breath. Figure out what you got to do next.

    Ian Cuypers:

    Yeah.

    Police:

    [inaudible 00:09:53] Yeah.

    Taya Graham:

    And now, finally, more evidence of how questionable this use of force was. Unguarded moments captured on body camera. Just listen as the officers try to figure out what to charge Ian with.

    Police:

    Oh, I was under it. Oh, I don’t think… Do you want ask him if he wants his whole wallet or do you just want [inaudible 00:10:24]? He wants that too. So that’s why I was like, “Hey, need another squad.” We were doing our drug court. That’s what I figured. He was diving across the side of vehicle. I was like, “That’s super weird,” because he was like, [inaudible 00:10:39]. Because I pulled off at 28 from Tower and got behind him, because I was way behind him. But his tag light was out, so I started trying to catch up with him. He turns on 23rd, goes up Ogden, turns here, stops, and rolls the roadway. Cars go.

    Then he eventually, a car is behind between us. [inaudible 00:10:58] makes a full stop and then he pulls up from here, and I lit him up. Well, he’s going the wrong way on a one way, first of all. Well, I know, but I was really going to… But all the other stuff too is a little bit weird. No, you made a good call. Then I’ll cite him for… Did you search his vehicle at all? Or are we leaving it? I think he wants us to just lock it up and leave it probably maybe try to gain his consent to turn it [inaudible 00:11:18] You can ask. Or is it okay to just leave it? I just don’t want to get towed.

    Taya Graham:

    So that’s it. End of story. The only other debate they had was whether they could deliver the DoorDash order he couldn’t complete.

    Police:

    Dang. Really? Yeah. Should we deliver their food for them? Is that what he was doing? DoorDashing. I’m down for doing that. He said he locks the food to just them just get refunded. Otherwise, we could leave it here, and that’s where I was going with that. He said, “I just want it to just get refunded.” So lock up the car and let it be where it is. Yeah. And I don’t think it’s blocking the alley, probably facing the wrong way, but I’m not actually that extremely worried about that. No, we know we’re not going to tow it, and you can put it in your report that you left it facing that way.

    Taya Graham:

    It’s really just troubling to hear how thoughtless and cavalier the officers are about what they just did, how little they question their own actions, and how casually they try to come up with some sort of charge for a young man who was, simply put, unjustly harmed. But there is much more about how this happened and the consequences which Ian will share with us later. Ian will discuss behind the scenes information about how the legal system is treating him, shortly. But first, I’m joined by my reporting partner, Stephen Janis, who’s been digging into the case and reaching out to police. Stephen, thank you so much for joining me.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    So what does the statement of probable cause say? How did the officers justify the arrest and their use of force?

    Stephen Janis:

    Taya, this is really kind of sketchy, because there’s not much information there. They talk about the furtive movements that you already mentioned. They talk about him driving down a one-way street, but they don’t talk about any other suspicious activity or anything else that would really, I think, justify the use of force. It’s really weird. I’ve seen police sort of not say anything in a statement of probable cause, but given what police did, given that they used a taser, there’s just not justification. There’s nothing in there that says the breaking and entering that you talk about, later on, when you ask about it. Nothing about that is in there. It’s really just he drove down a one-way street and then, very little explanation as to why this happened.

    Taya Graham:

    So you’ve reached out to the Superior Wisconsin Police Department. What are they saying about how the officers acted?

    Stephen Janis:

    Well, Taya, apparently, they’re too superior to get back to us, because we haven’t heard from them. But we asked them a lot of extensive questions about use of force, because I feel a lot of smaller rural departments or small town departments do not have the right guidelines. And in this case, we said, “Do you have a use of force report? What is your policy about use of force?” We heard nothing, but we’re going to keep on them. Because I think this is a really important oversight and lapse that needs to be addressed. Also, we got in touch with the public defender’s office in that county to ask them what their criteria is for offering services to people who are indigent or poor. Again, we have not heard back, but that’s another thing we’re going to pursue. Because it seems like this young man certainly qualified. We’re going to follow up on that. We’ll let you know what happened.

    Taya Graham:

    So tasers are technically known as less than lethal weapons, but you’ve reported on them extensively. What do you think?

    Stephen Janis:

    Well, Taya, from my reporting, they’re decidedly not less than lethal. I have reported on them being lethal in many situations. At least half a dozen cases during my reporting career in Baltimore, I have investigated and also written about, but one of the things that really stunned me about tasers was how the primary cause of death is ruled when a taser is used. You see, medical examiners are reluctant to rule a taser as being the primary cause of death, because, I was told, they will get sued by the manufacturer. And the manufacturer has made it very clear to the medical examiners across the country, “You make taser the primary cause of death, you will get sued.” Now, when you talk about something that shocks the electrical system and the body, it seems like there are a lot of things that can go wrong. And I have medical examiners tell me off the record, “Stephen, these are deadly weapons, and they should be classified as thus.” But again, in this country, corporate power and corporate money rule. And so, tasers are dangerous, but do we really know, because information is being concealed?

    Taya Graham:

    Okay. And now to learn about the events leading up to his arrest and how the police justified it to him and what the legal system has done to him since. I’m joined by Ian. Ian, thank you so much for joining me.

    Ian Cuypers:

    Oh yeah, thank you for giving me the opportunity to talk.

    Taya Graham:

    The incident that we witnessed on camera shows a great deal of force being used on you. Can you tell us how this began? This was a traffic stop, right?

    Ian Cuypers:

    Yeah, so what was happening is I was delivering for DoorDash. I’ve been up here in Minnesota for a couple of months and I’ve been mostly making money through DoorDash. I had to take a delivery from Duluth over to Superior, just right across the bridge. It was a Taco Bell delivery, and it was actually two orders. And it was just nighttime. I was sort of confused about where I was, because Superior was a new area. And there was a one-way street. It was dark. So I turned onto it, and right when I turned on, I saw that there was a one-way sign. So I was about to make a U-turn. And there was an officer behind me, I guess. He turned on his lights, and then, I pulled over pretty much right away.

    And then, I was just looking for my insurance. And by the time I had my ID and everything ready, there were officers like a bunch of, I don’t know, two more squad cars pulled up, and there were a bunch of officers shouting at me to put my hands up. So I put my hands and my face out of my window to greet them and try to show them that I wasn’t a threat. And then, they told me that I had to open the door from the outside with my left hand, which was immediately just kind of distressing, because that’s a lot to take in all at once. And so, I was trying to open the door, and it was locked. And yeah, that’s how it started.

    Taya Graham:

    Did you follow the officer’s instructions during the traffic stop? The officer says to use your left hand, open the door, and leave the vehicle, which you did. They said to move backwards with your hands behind your head, which is difficult, but you did it. And you stopped when you were told, and then, the officer shouts for you to get down on your left knee. And you were still complying and only took a moment to ask a question, and in under a minute, you were tasered. Do you have any idea why the officers chose to use force, even though you have been compliant the entire time?

    Ian Cuypers:

    Well, no, I have no idea. I have no idea why they, in the first place, even told me to get out of my car. I especially was surprised when they tasered me. Even before that, I was really shocked when I just saw that there were laser sights everywhere. It was just mind-blowing to me.

    Taya Graham:

    I guess another thing I’m trying to understand is why so many officers were called to the scene. At no point in the video did I see you offer any resistance. Why do you think there were so many officers there?

    Ian Cuypers:

    No, because I pulled over right away. And so, the only reasonable situation that I can imagine is like, “Oh, if this guy is dangerous, maybe I should have someone here with me to see what’s going on.” But then, six people showed up, and they just immediately assumed I was armed and dangerous and started treating me like a criminal, which didn’t seem rational to me.

    Taya Graham:

    Well, I think it was because they suspected you of another crime, possibly a B&E. I listened to the dash camera footage very closely, and the initial conversation with dispatch mentioned a B&E, which might explain why he called for backup. And I think at least some criminal history could have been shown with your tags. It seems like they could have realized that you weren’t a real threat, but at the time, weren’t you actually working?

    Ian Cuypers:

    Yeah, I don’t want to override the conversation or anything, but it did seem to me, while it was happening, about halfway through, it was very surreal. But I do remember thinking to myself, “This really seems like, are they conducting an exercise on me or something? It seems like they’re just sort of ignoring the situation that’s actually at hand and just sort of doing something that they wanted to.”

    Taya Graham:

    So when did the officer decide to use force? Do you have any idea why she decided to use it? She gives you a brief warning, and then, in less than a minute, she’s tasering you. Do you have any idea why she thought this was necessary or why another officer had a gun trained on you?

    Ian Cuypers:

    See, like you were saying, I thought also to myself briefly that maybe they think maybe my car looks like the car of someone who’s recently done something terrible. And at that point, I was like, “Oh, okay, that sort of would explain what’s happening,” but I think they would tell me you’re under arrest or something like that. And so, the way they were treating me, it was confusing, because they were just giving me orders, and I didn’t know that I was under arrest until after they tased me. And I think I asked them a couple of times, and they didn’t give me a clear answer at first. And then, they did. But yeah, it was confusing.

    Taya Graham:

    It seems, from what you’ve described, they were quite relentless with the use of the taser. What kind of pain or injury did you suffer from it? Did they have to pull the barbs out of your skin? It sounded incredibly painful. Can you describe what it was like?

    Ian Cuypers:

    Just in case you think the officer that pulled me over is the one that tased me, he did not. It was one of the people who called for backup is the one that tased me. He was holding a gun, not a taser. I can explain how it felt by saying, I’ve explained this before, it’s like my body sort of turned into a vapor. It felt very painful, as though I exploded into a mist. That’s how it felt when I was electrocuted. And then, after that, I was just in shock and in so much pain. I think I was still being electrocuted when I hit the ground. But anyways, when I did hit the ground, my head hit pretty hard and I couldn’t even feel that, because of how much pain the rest of my body was in.

    So I had some bruising on my chin. It was a pretty nasty bruise. I took a picture. And yeah, it hurt really bad. Also, I think it was six barbs went into my skin. And I don’t know if this is important right now, but they didn’t take pictures of the ones on my legs, even after I asked them to. They brought me into the station, I think, mostly for that reason. And then, when I asked, “Can we take the pictures for insurance purposes?” He was like, “No, we don’t have to do that.”

    Taya Graham:

    I’m pretty certain a medic is supposed to take those barbs out with sterile tools. That really doesn’t sound right, Ian. So you didn’t have access to your personal property. Did you consent to let them go and search your car or trunk? I believe you consented to them turning off the lights in your car, is that correct?

    Ian Cuypers:

    No.

    Taya Graham:

    So what happened next? Were you given medical treatment? Were you taken to a hospital? Or were you taken to jail? What happened?

    Ian Cuypers:

    Well, they asked me if I needed an ambulance, but I have heard things about ambulances and I didn’t have insurance at the time, so I said no to the ambulance. Because I didn’t want to get stuck with two grand of medical bills, that I have no way of figuring out how to pay. But then, yeah, after that, they didn’t really give me any time to think. I did ask them if I could just have a minute to breathe, which they didn’t give me a second to gather my thoughts or anything. They just said I had to get right up, and then, they ripped the probes out of my back.

    Taya Graham:

    That’s terrible.

    Ian Cuypers:

    She just yoinked them out, like she was starting a lawnmower or something, through my jeans.

    Taya Graham:

    So one aspect of this assault, an unjust arrest you endured, that really bothers me, is that, on camera, you can hear the officers realize that you were driving food delivery, and they laugh, joking that maybe they should finish the delivery for you. How does it make you feel when you hear that?

    Ian Cuypers:

    So when I got the USB drive with the footage and I was able to watch everything, it was, yeah, it really was a little bit gut wrenching to see the transition from they’re willing to annihilate someone to they’re chuckling about that same person who they’re about to do some things that they don’t even know how they’re affecting that person. The fines that they charged me with are more than I could imagine being able to afford with a month of what I do for work. And it’s probably not even that much money to them. I don’t know. Yeah, it’s just sad to me.

    Taya Graham:

    I can only imagine what was going through your mind. One moment you’re working, providing for yourself and maybe your loved ones, and then, you’re engaged in a simple traffic stop for going the wrong way, and the next, you’re being shouted out on the ground, surrounded by officers, being repeatedly tasered. How are you coping with that? Because honestly, this really does seem traumatizing. How has this impacted you physically, emotionally, or even financially?

    Ian Cuypers:

    I definitely don’t feel comfortable driving around the police anymore or for DoorDash. I’ve been getting, I don’t know if it’s tremors, but I’ve been getting shaky whenever I think about it. And my blood pressure, I went to the urgent care clinic four or five days after I got tasered, and they took some diagnostics, anyways, my blood pressure has been high. And they sent me to the emergency room right away after I told them that I got tased a couple of days earlier. They said that I should go to the emergency room, where it turned out my body is functioning properly, just under a lot of stress. But anyways, yeah, it’s been very distracting. I think about it during the day and at night, and I just think about if I could… At first, I was thinking a lot about if I could have done anything differently, because sure, if I would’ve just shut up and done everything they asked me to do, I don’t know.

    In my head, I was thinking, “If I make a wrong move, I’m going to end up with bullets inside me.” So my fight or flight instinct kicked in, and I decided that the best thing to do would be to figure out what was actually happening and not just get myself ready to be shot. Because that’s what I felt like was about to happen. Yeah, that’s, I guess, it is pretty traumatizing. It’s difficult to talk about, because I haven’t been able to get a therapist or anything yet. So I guess, if this isn’t a very good explanation, I guess it is just still difficult to talk about, for sure, as far as explaining it properly.

    Taya Graham:

    Another thing that gets me is that, on the car ride, they try to justify your treatment. The officer says, “I pulled you over for going the wrong way up a one way.” And then, he says he called the other officers and gave you commands because you made furtive movements, which you explained to me you were just trying to get your insurance ready for them. Furtive movements have been used to excuse a great many tragedies of police violence. Does it make any sense to you that they responded with such aggression and force for a traffic stop like that?

    Ian Cuypers:

    It doesn’t. No. Even if I was armed or even if I was dangerous in some way, I don’t think that the way that they treated it was reasonable at all. I think, before you escalate to an immediately deadly situation, you need to have someone there to negotiate terms like, “Is this person about to do something dangerous? We’re here. You’re here. What’s about to happen?” before, “We’re telling you what’s going to happen, based on little to no evidence.”

    Taya Graham:

    So what was the end result of this interaction with police? What were you charged with? And what are your next steps? And what sort of financial costs are you looking at?

    Ian Cuypers:

    So I was charged with resisting arrest.

    Taya Graham:

    I can’t believe you were charged with resisting arrest.

    Ian Cuypers:

    With going the wrong way down a one way, which that one is fair, if he wants to be really picky. I just made the turn, and the street is designed in such a way, there’s a little passageway in between the two one-way streets, just in case somebody does make that wrong turn, I’m sure, is why that’s there. It’s immediately there, and I was about to correct myself. And I’m sure people do that all the time. But yeah, that’s a fair charge. I did turn the wrong way. Anyways, as far as costs for that, those fines were, it was $350 for resisting arrest. Or no, it was more than 350, it was $375 or something like that. And then, it was 170 something for going the wrong way down a one way. Altogether, it’s around $800, there’s 700 something dollars.

    I don’t make that much in a month with what I do lately. And as far as other costs, I did have to go to the emergency room, but I got insurance recently. So I don’t know how much that’s going to be able to cover. And then, I’m going to, of course, have to try to hire a lawyer, because they won’t provide me one, which I thought they were supposed to. But they will not. I will have to buy a lawyer or figure that out somehow. And lawyers are expensive, but if I want to get a good civil lawyer, I have a GoFundMe that I just set up actually. And if I want to get a good civil lawyer, I don’t know, it’s probably like a couple thousand dollars at least.

    Taya Graham:

    Has this changed the way you perceive law enforcement? Or perhaps I should ask, how has this experience changed you?

    Ian Cuypers:

    So it’s actually a really interesting phenomenon, I guess. On the bridge on the way over to Wisconsin, I was thinking to myself, “Wisconsin cops are probably nice.” I thought to myself that while I was on my way there that night, and I proved myself wrong. I was like, “Small town areas, people know each other. Should be a friendly basis with the local law enforcement,” but it was not a friendly basis. So yeah, my worldview sort of did change a lot after that happened. I’d always heard about this sort of stuff happening and I knew that there were issues in the system that need to be looked at, at the very least, but yeah, definitely having it happen somewhere where I just assumed that it was safe and now, I know that it’s not safe. And looking into it, the Superior Police Department, I guess nobody likes them. They’re not friendly, I guess, and I didn’t know that.

    Taya Graham:

    Last thing, something that really disturbed me was the reaction to your compliance. They even blamed you, saying that your movements were furtive, that you searching for your insurance was a furtive movement, and therefore, somehow, the force was warranted and deserved. I recently reported that people who have an impairment or disability, like being hard of hearing or an intellectual or mental health challenge or being on the spectrum, are much more likely to experience police brutality, because of their stress response or inability to follow commands perfectly. And it really scares me, because I have family members with these issues. And I’m really fearful for them to have an encounter with police.

    Ian Cuypers:

    I tell you what, this is something else that went through my mind, and I do believe perhaps I was profiled a bit, because my car, I can’t afford a car wash. It’s covered in dirt. It looks dirty. Who’s to say maybe drug dealers drive dirty cars is what people think, but regardless, I can’t afford a car wash. So my car is dirty, even when I go to work. I work with disabled adults, and I drive them places. So if that scenario happened and I had one of my low functioning people with me, that went through my head, that that would’ve been absolutely, like they wouldn’t have taken a second to think about that.

    Taya Graham:

    I have to say that this really hits home with me, because the hidden minority that is most often the victim of police violence is a person with a disability. The estimates range from 33% to 50% of people killed by police have at least one disability. That’s just one of the reasons why these judgments of furtive movements can be so dangerous. Okay. Usually, during this part of the show, I focus on a broader theme that I connect to the incident we covered earlier in the program, something that links bad policing back to bad policy, so that we can ponder how both can be addressed. But today, I’m going to narrow it down a bit. In fact, I’m going to literally boil down my entire rant to the import of one single word, namely “furtive.” Okay. Now, before you start saying, “Taya, what is this some sort of PAR word game? How can you even boil down a rant on American law enforcement into a single term or phrase? How can you discuss the extremely pervasive overreach of law enforcement by playing YouTube Scrabble? Are you even serious, Taya?”

    Again, I’m talking about furtive. Furtive, adjective, attempting to avoid notice or attention or being secretive. You know the term thrown about by cops and statements of probable cause used to characterize almost any movement or action by a supposed suspect, the word that sounds vaguely menacing and overly judgmental, that can be used to justify almost any action by police? In my hometown, it was the word used to excuse the killing of Edward Lamont Hunt. In 2008, Hunt was shot three times in the back after he walked away from an officer who had patted him down at least twice. The officer said he had the right to shoot the young man in the back, because he made so-called furtive movements. Mr. Hunt died. The officer was charged with murder, but was acquitted at trial.

    And likewise here in Ian’s case, the police again used the completely vague idea of a furtive movement to justify the deployment of a taser and one I would note was used long after he had exited the vehicle and was clearly not a threat to anyone. But of course, the charging document used this highly charged word to justify a range of behavior that is as hard to understand as it is to rationalize. But that brings me back to the word itself. What does it mean? Why is it so potent when it comes to policing? Well, to understand it, I think perhaps we need to use a little bit of literary theory to unpack how this word became shorthand to describe behavior, to justify almost anything. So first, let’s just go back to the meaning of furtive.

    It’s a technical definition, according to the Cambridge Dictionary, and it’s behaving secretly or dishonestly. But of course, that definition leaves much of the work to the beholder. In other words, it’s a purely subjective characterization, and I think that’s the point. Because the word imbues the person who uses it with the power to define the actions of the others in the most deleterious way possible. In other words, subjectively speaking, a furtive movement can be almost anything and in the end, almost always bad. Let me show you. If I lower my glasses, is this furtive? If I hold my hands together, is this furtive? If I look into the camera and then, quickly glance away, was that furtive? Well, how can you really know? And that’s my point. The word itself defines something normal as threatening. How can you really know what my intentions are?

    How can you know, when I reach down to my pocket like this, that, somehow, this discreet movement actually portends something harmful? This shows, in an indirect way, the real, but less tangible, power of law enforcement. Literally, a cop can define reality with a simple word, that has a purely subjective meaning. And not only can an officer use this nebulous descriptor to imply criminality in the most innocuous behavior, but as we saw in the video we just watched, use it to justify deadly force. I want you to think about that, how utterly it is that we have constructed a law enforcement industrial complex that can take our lives by invoking a word with a definition that is as subjective as it is ill-defined, meaning the entirety of our existence can often sit upon the threshold of an officer’s personal and really non-objective assessment of behaviors that could be just as innocent as they could be menacing.

    It’s really, in a way, frightening to contemplate that such a flimsy justification can be used literally to administer street justice. And I think it should give us all pause, because like police describing a motorist as nervous to justify dragging them out of a car or bystander’s actions being suspicious to initiate an arrest, how we treat this word has massive real world implications. I liken it to another less obvious word that our legal system uses regularly, but also deserves scrutiny. It’s so common we hardly think about it, yet it has equally devastating consequences when misapplied. “Crime,” that’s right, the most serious and commonly used word that describes an almost incomprehensibly wide variety of human behavior, a term that serves as an umbrella for so many different actions. It’s probably one of the most broadly defined terms in the English language. Think about it, what we define as a so-called crime has huge implications.

    Some things that seem minor, like using a drug or failing to feed a parking meter, are crimes. Not mowing your lawn or rolling stop on red are technically crimes. But I want to focus on where it seems to come up short, activities that should be crimes that aren’t and how this speaks volumes about how our country uses and misuses law enforcement. I’m going to start with a story that should have been big news, but really didn’t get much attention. It starts with an obscure government body, that rarely makes headlines, the Medicare Payment Advisory Commission or MEDPAC. Now, just to give a little bit of background, MEDPAC is a body authorized by Congress in 1997 to advise Congress on how to make Medicare, the program that provides healthcare to senior citizens, more efficient. Last week, that body released a report that got hardly any notice, but has huge implications.

    In an extensive study, it found that Americans enrolled in private insurance companies through Medicare Advantage cost $83 billion a year more to the government, compared to the people directly enrolled in Medicare. So translated into percentages, each person who was covered by private insurance was 22% more expensive than a person who simply had Medicare directly. To put it simply, private insurers were charging significantly more for the same service and getting away with it. And this was no minor expense. $83 billion is just 20 billion shy of what the government spends on food assistance for poor families. And it’s roughly 30 times the budget of our entire national park system. But of course, has there been any mention of this by the mainstream media, which nightly recounts all the chaos and mayhem and fear generated by crime? Has the constant drumbeat of bad news, that’s supposed to make us feel unsafe in our homes and unsure of our future, been interrupted by news of an $83 billion overcharge for healthcare?

    Now, I’m not downplaying the adverse effect of crime in my community or others. I’m not saying that theft or dealing drugs or even carjackings are something to be ignored, but there do seem to be actions that I would consider crimes, that are rarely reported on on the nightly news. What I’m pointing out is how our choice of words to describe actions does not always equate to the harm being described, meaning too often, the word does not fit the misdeed. Think about it, overcharging seniors for vital healthcare really isn’t a crime. It’s an accounting problem. Ripping off the taxpayers of this country does not make a company or a person a criminal. It makes you a savvy business person. It’s so interesting to me how these contrasting behaviors are characterized by words. Moving your hands when a cop has pulled you over is reaching for something. Literally absconding with $83 billion in government money is overcharging. Acting confused when a cop is pointing a gun at you can be described as furtive. Knowingly ripping off the federal government is simply good business.

    The rights in the Constitution are malleable, debatable, a statement of probable cause, solid, true, and always accurate. You get my point. While we often think of the justice system as some sort of immutable paragon of reason, it is often defined by subjective interpretations of words and laws that can be bent, warped, twisted by those who control its meaning. Essentially, we are often subject to the whims of language constructed by the people who wield the power to define it. It’s a phenomena that I don’t think we acknowledge enough or really understand its potentially devastating implications, but it’s also at the root cause of much of the unequal treatment under the law that is so often the topic of this show. It’s why it’s important that you see the videos that we showed you today. It’s why it’s important that every encounter with police and every incident is viewed with the proper context, why every decision by police to use force needs to be scrutinized, and why every word police use to describe our behavior must be accounted for and must be fully examined and must be fully understood by all.

    That’s why we do this show, why we painstakingly review every video, every charging doc, and every law to give the most accurate and most transparent rendering of the truth. That’s a promise I make to you each and every show. I want to thank my guest, Ian Cuyper, for coming forward to speak with us, and we hope that, by sharing his experience, he can help prevent this type of excessive force from happening again. Thank you, Ian. And of course, I have to thank intrepid reporter, Stephen Janis, for his writing, research, and editing on this piece. Thank you, Stephen.

    Stephen Janis:

    Taya, thanks for having me. I really appreciate it.

    Taya Graham:

    And I want to thank mods of the show, Noli D and Laci R for their support. Thank you both and a very special thanks to our accountability report Patreons. We appreciate you, and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon Associate Producers Johnny R, David K, Louis P, and super friends, Shane B, Pineapple Girl, Chris R, Matter of Rights, and Angela True. And I want you watching to know that, if you have video evidence of police misconduct or brutality, please share it with us, and we might be able to investigate for you. Please reach out to us. You can email us tips privately at P-A-R @therealnews.com and share your evidence of police misconduct.

    You can also message us at Police Accountability Report on Facebook or Instagram or at Eyes on Police on Twitter. And of course, you can always message me directly at tayasbaltimore on X or Facebook. And please like and comment. You know I read your comments and appreciate them. And we do have a Patreon link pinned in the comments below for accountability reports. So if you feel inspired to donate, please do. Like I said, we don’t run ads or take corporate dollars, so anything you can spare is greatly appreciated. My name is Taya Graham, and I am your host of the Police Accountability Report. Please be safe out there.

    Speaker 8:

    Thank you so much for watching The Real News Network, where we lift up the voices, stories, and struggles that you care about most. And we need your help to keep doing this work. So please tap your screen now, subscribe, and donate to The Real News Network. Solidarity forever.

    This post was originally published on The Real News Network.

  • A controversial copwatcher—whose unorthodox tactics have garnered him a loyal following on YouTube, but have also embroiled him in legal troubles that eventually landed him in jail—has been indicted on new federal charges for making interstate threats.

    Eric Brandt, a prolific filer of lawsuits and First Amendment rights advocate, as well as a former Navy submarine technician, has been charged by a federal grand jury in Louisiana with violating a federal law that prohibits interstate threats. A copy of the indictment, obtained by TRNN, lists the date of the offense as December 2019 but does not provide any additional details. 

    The charges were filed in Louisiana Eastern District federal court in August of 2023.

    Brandt is currently serving out the remainder of his 12-year sentence for threatening three Denver judges. He was recently moved to Delta Correctional Center, a minimum security facility in Colorado.  

    Abade Irizarry, a fellow cop watcher known as Liberty Freak, said Brandt was moved to Delta due to his good behavior.

    “Delta Correctional Facility is just before halfway house,” Irizarry told TRNN. “He said he has been treated with dignity and respect, they respect him there.”

    Irizarry added that Brandt was on the verge of being released—a fact, he said, that is raising suspicions among Brandt’s supporters that the indictment was timed to keep him in jail. 

    Irizarry added that Brandt was on the verge of being released—a fact, he said, that is raising suspicions among Brandt’s supporters that the indictment was timed to keep him in jail. 

    “He was two weeks away from a halfway house,” Irizarry said.

    While authorities were not forthcoming with details about the incident that precipitated the charges, Irizarry said Brandt posted a video in December of 2019 in which he recounted calling St. Charles Parish, Louisiana, police and telling a person who answered the phone to shoot an officer.    

    Brandt’s calls to St. Charles Parish police were in response to a livestream posted by fellow copwatcher James Freeman. 

    Freeman was camping at a federal park when a ranger ordered him to move. The popular copwatcher said he would comply while filming the encounter. Police were called and Freeman was arrested. 

    Authorities would not confirm if the video was related to the indictment.

    Brandt is a  Navy veteran who became a YouTube personality by chronicling his often freewheeling and confrontational brand of activism. 

    Brandt told TRNN he began challenging police after he voluntarily left his home to show solidarity with unhoused people who were being harassed by police. The first videos Brandt posted on YouTube, which prompted his ascent as a critical voice in the copwatching movement, depicted him confronting Denver cops for intentionally honking their horns to wake up people sleeping on the street. 

    Denver has a chronically unhoused population, the result of skyrocketing rents and an uneven approach to building more affordable housing. A snapshot of the metro Denver region’s unhoused population in 2023 found roughly 9,000 people were living on the streets any given night

    Brandt said the mistreatment of the unhoused by police prompted him to adopt more confrontational tactics. That included the use of what he called the “eight magic letters” or “fuck cops”), which he often displayed on colorful signs he touted on street corners or in front of city hall.

    The first videos Brandt posted on YouTube, which prompted his ascent as a critical voice in the copwatching movement, depicted him confronting Denver cops for intentionally honking their horns to wake up people sleeping on the street.

    However, his use of outlandish and disruptive antics escalated, culminating in a series of death threats aimed at several Denver judges, which led to charges resulting in a 12-year sentence in April 2021. 

    Brandt has been characterized by the mainstream media as an abrasive oddity whose rant-filled videos warranted criminal charges and jail time. But his supporters say his activism is more nuanced than these caricaturistic portrayals suggest, and for all the controversy his tactics have sparked, his efforts have led to substantive reforms.  

    For instance, Brandt has been successful in forcing change within law enforcement. 

    In 2018, he sued the Englewood police department after they arrested him for a tattoo that displayed a middle finger on his forearm, emblazoned with his signature “Fuck Cops” motto. 

    Brandt’s pro se suit led to a $30,000 settlement for Brandt and First Amendment training for the Englewood police department and the early institution of body-worn cameras. 

    “I call this my $30,000 tattoo,” Brandt told Police Accountability Report in an interview in 2021. 

    Last November, Denver City Council agreed to pay Brandt $65,000 to settle a lawsuit over his 2018 arrest for shouting “No Justice? No Peace! Fuck the Denver police!” on the 16th Street Mall. 

    He was also part of a groundbreaking lawsuit that established the right to film police in the federal 10th Circuit. Brandt and Irizarry filed the suit, which began with a straightforward cop watch of a DUI stop in Lakewood, Colorado, in 2020. 

    The duo’s encounter was peaceful until another officer, who was not involved in the stop, arrived on the scene: Officer Yehia. Yehia purposely moved in front of their cameras, flashed a light into their faces, and then drove his car in Brandt’s direction while repeatedly using his car horn. 

    Irizarry and Brandt filed a suit pro se, arguing that the officer’s actions interfered with their right to record. 

    After a federal district court ruled the officer could not be held accountable due to qualified immunity, several advocacy groups joined the suit with the hope that it would be a test case to establish the right to film police. 

    The Electronic Frontier Foundation, the Cato Institute, and the US Department of Justice were among the organizations that filed amicus briefs on their behalf. Eventually, the 10th Circuit Court of Appeals ruled that the officer should have known the right to record was established and remanded the case back to the district court for a trial.  

    [Brandt] was also part of a groundbreaking lawsuit that established the right to film police in the federal 10th Circuit.

    The plaintiffs recently settled for $35,000.

    The current federal charges against Brandt require him to appear before a federal magistrate by April 15, 2024. Brandt has since been placed on lockdown and is awaiting transport to Louisiana. According to the writ of habeas corpus reviewed by TRNN, Brandt will remain in federal custody until the case is resolved. 

    Despite the setback for Brandt, Irizarry told TRNN he is confident the colorful activist and fellow copwatcher will prevail.

    “He is tough,” Irizarry said, “he never negs out. He’s the one who boosts our spirits, and he’s in prison.”  

    This story is part of TRNN’s ongoing coverage of the phenomenon known as cop watching—YouTube activists and citizen journalists who film police and push for law enforcement reform across the country. 

    This post was originally published on The Real News Network.

  • The prevalence of sexual violence in the US prison system is so widespread and accepted that it’s often made the butt of jokes in popular culture. Yet the reality is that countless survivors of the prison system carry the scars and traumas of sexual abuse—and for many, the perpetrators of these crimes were the very prison staff charged with their protection. Juvenile victims of the prison system are no exception. In Maryland, several adult survivors of sexual abuse as juveniles in state custody have filed a class action lawsuit demanding justice. Lawyer and former DC Council Member LaRuby May joins Rattling the Bars to discuss the class action suit, and the systematic nature of sexual violence in prisons as a form of racial oppression.

    Studio Production: David Hebden
    Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    LaRuby May has been a vessel for change for over 30 years. The inspirational lawyer, entrepreneur, developer, teacher, and strategist found May Jung Law Firm alongside long-time friend and business partner Je Yon Jung. May Jung’s mission is to unapologetically advocate for people of color and empower them to be whole and active participants in the civil justice system. Prior to practicing law, LaRuby served as the council member representing Ward 8 in the District of Columbia. Her latest fight is around survivors of sexual abuse in Maryland, more specifically juveniles. Welcome to Rattling the Bars.

    LaRuby May:

    Thank you, thank you. Thank you for having me, Mansa. I appreciate being here.

    Mansa Musa:

    Okay. Let me give my audience some context: In 2023, the governor of the State of Maryland, Wes Moore, signed into law the Child Protection Act — You can unpack wherever I’m off track when you get on — Under this he eliminated the statute of limitation of being able to bring a civil suit against anyone that was an employee or contractor within the state of Maryland to bring a litigation against them for sexual abuse. This came on the heels of a report that this attorney general for the state of Maryland put out indicting the archdiocese of sexual abuse of children.

    Prior to that, the advocacy was always around trying to get something done about child sexual abuse and trying to be able to get some compensation. But more importantly, try to make people aware that this was an ongoing thing and that people were harmed and damaged by this. It was only after the signing of this law that it became apparent that it wasn’t only the archdiocese but other institutions that were responsible and involved in abusing children; One institution was Juvenile Services, in particular. May, why did you choose to get in this space in particular? Because this space is fraught with problems on a lot of levels. Why did you choose to get in this space?

    LaRuby May:

    Thank you for that question. My law firm, May Jung, our motto is “Justice for our people is personal.” Having folks who’ve been touched by and part of the juvenile justice system, the Department of Corrections, that’s all very personal to me. You know what I mean? Whether or not it’s from family members, immediate family members, or other family members. The opportunity that we have as a law firm to be able to go and hold people accountable for harm — Specifically harm that’s happening disproportionately to Black and Brown folks, to Black and Brown children — Is the privilege that I have. So how dare I not get involved in being able to protect children? Specifically individuals who have been harmed while they were in the custody of the Department of Corrections, the Department of Juvenile Services, or the state of Maryland.

    We have a lawyer in our firm named Jessica who’s already done some work around child abuse in the state of Maryland. As you mentioned, once Governor Wes Moore signed the Maryland Child Victims Act into law in 2023 — And we’re based here in Washington D.C., man, that’s our backyard — We knew that the opportunity to get into this space as a Black and Brown woman-owned law firm, to fight for Black and Brown children, is something that it wasn’t optional for me, Mansa. I don’t get the opportunity, I don’t have the privilege to not fight when I see injustice. The privilege of being a lawyer gives me the right to say you know what? When our people have been harmed, let’s go and fight this fight. When this law went into place, what happened is now our brothers and sisters who are returning from home or who were in juvenile facilities, they now have the opportunity to file civil lawsuits related to child sexual abuse.

    The talk about this was around the Catholic, the archdiocese, and children in the custody of their care; We weren’t looking at the overwhelmingly number of Black and Brown children that were in juvenile facilities who were also sexually abused by staff members and contractors. Quite frankly, some of these institutions knew that this was happening and they did nothing to protect our children.

    Mansa Musa:

    Let’s unpack this. We’re talking about a situation where, if you’ve got something that’s current, then you can be up on… This calls for identifying plaintiffs, and getting somebody to come forward and feel comfortable enough to get around the stigma attached to the victimization like when a person is raped. And this is a cliche but this is a reality when it comes to poor and oppressed people: As opposed to being victimized, you take the victim and say like, oh, had you not went this way, you would’ve never had this happen to you. It’s because you went down the wrong street that somebody came out and brutalized you in this system.

    How do you go about identifying plaintiffs? What’s your methodology? And how do you help them understand the trauma and get them to understand that it’s their right to come forth and get the accuser? If it is more about I’m letting you know now, it might have happened 20 years ago but I’m now in your face to let you know that it was wrong, I had a problem with it, and — If I’m going to get compensated, so be it — I want people to know of what you did. How do you get people to come forward?

    LaRuby May:

    It’s hard. That’s why we’re grateful for folks like you who are in the space that are allowing us an opportunity to talk to folks in the space because identifying folks … We have folks that were abused as children and they have some of that shame and some of that victim mentality so they haven’t told folks. We have folks that have been abused when they were 13 and 14 years old and now they’re 40 years old and they’ve never told anyone because of the shame. That makes it difficult for them to say I was one of them — especially in Black men.

    It’s a catch-22. If they were assaulted or molested by a woman, it makes it a little bit different; It’s almost like they’re not necessarily ashamed of that. But if they were abused, molested, or raped by a male, there’s definitely some stigma that comes around that for them and there’s shame to go and talk to folks about it. We continue to go out there, talk, and touch as many people as we can. And touch people that already have relationships with our brothers and sisters who were a part of the system and potentially violated by individuals in the system.

    We’re going to continue to talk, we’re going to continue to empower people, and say this was not your faultl; You were a victim, you were a child. The state of Maryland was in charge of your care, they were responsible for making sure that you were rehabilitated, and we know what the systems are like, the rehabilitation of the system, and how it works and how it doesn’t work. But your family members, your mothers, the court system entrusted your care to the Department of Juvenile Services while you were there, while you were vulnerable. Many times, I’ve talked to some of our clients — Especially their first time going in — Who were scared.

    Mansa Musa:

    Right. Oh, that’s a reality.

    LaRuby May:

    Yeah, yeah. I’m scared and now I got these people who I’m supposed to be able to trust, these people who are supposed to help me are now violating me and taking advantage of that and it’s a large hurdle to overcome but that’s why we’re here.

    Mansa Musa:

    We’re talking about anyone that was employed in the state of Maryland — Anyone be it contractual or 1099, W2, anybody that was getting any money from the state of Maryland — That violated a kid or juvenile while they were under the care of Juvenile Services. But how do we look at the agency? Do we look at the Juvenile Services agent as being a defendant in it and we looking at Bobby Smith ETA or Department of Juvenile Services, Bobby Smith and all those involved or are we saying that we looking at just Bobby Smith?

    LaRuby May:

    We’re looking at everybody that’s involved because Bobby Smith was a bad person if he was the offender but many times the culture at the facility allowed for this to happen. The department was entrusted with the care. These individuals, they had obligations to train folks, monitor folks, and to make sure that they were putting non-offenders around our children, especially when they were in such vulnerable positions. So we want to hold everyone accountable: We want to hold the state accountable, we want to hold each facility accountable, and we want to hold all of the individuals accountable that did the harm. But ultimately, this is a systemic problem.

    This isn’t us saying that this happened to one person a year or one person in the past 20 years — Thousands, literally thousands, of individuals who were in these 13 different facilities were molested, raped, and violated as children. It’s important to understand — Especially for the audience — You are a child, you were not an adult. No one deserves to be violated. Even if you’re an adult, you don’t deserve to be violated. But as a child especially, to be violated by any adult that was entrusted with your care.

    Mansa, we’re not going to know; These young brothers and sisters, they’re not going to know whether or not you were an employee, 1099, worked for the state, or worked for the contractor. What they’re going to know is you were an adult that was supposed to be a counselor, admissions person, teacher, or kitchen staff. All they’re going to know is that you were an adult that took advantage of them, abused them, and most of the time they felt helpless and powerless to be able to fight against you and then to go and tell somebody. But we have clients who did go and tell. Do you know what happened when they told? Nothing.

    The systemic issues within the facilities was such a part of the culture that it still went … We talked to folks that, when they told that someone abused them, that someone violated them, the child was transferred to a different facility and the individual was not held responsible. That’s what we’re very thankful to do right now. There are multiple firms that have filed litigation but we are very thankful to be the first firm and the only firm to have filed this as a class-action lawsuit because we want our individuals to get remedy, we want to hold folks accountable for the harm that they did to our young people, but, Mansa, we also want systemic change. We can’t accept it.

    One of the great things in the leadership of Governor Wes Moore and Attorney General Brown in looking at removing the statute of limitations, that means this could have happened to you last week, last year, 10 years ago, 20 years ago, or 50 years ago and because there are no statute of limitations, you can now bring those claims. But that’s not enough. We still have children that are getting abused as recently as —

    Mansa Musa:

    As we speak, yeah.

    LaRuby May:

    — Yeah, as we speak. We have to have changes in the system that are focused on protecting our children.

    Mansa Musa:

    This is a point that needs to be emphasized. We’re seeing this history around crime and we got this Herod mentality: Find the savior that’s supposed to come and kill all the firstborn. We got this firstborn mentality of lock all our kids up and throw away the key. It’s in that environment that this type of behavior festers because now you have a situation where you have children being locked up in astronomical numbers and being put into an environment where there’s not a lot of control in terms of what goes on. So in order to get that control, you become more abusive and that becomes your way of getting control. Locking kids in solitary confinement. And if you isolate them enough, get to the point where they’re mentally incapable of dealing with it and that opens the door for this type of behavior.

    In this litigation, how do you all articulate that? You said it’s systemic, how do you all articulate that in your facts? How do you all make people aware that this is not isolated, that this is not whack, this is not Charles, this is not Hickey, this is not Boy’s Village, this is not this institution, this is a general mentality like the archdiocese. When they came out and indicted them, it became apparent throughout the country that this was a behavior that was going on, but you can juxtapose what’s going on with Black and Brown children in these juvenile facilities with the same thing. How do you all get people to understand that?

    LaRuby May:

    When it comes to the lawsuit — As we talk about all 13 facilities and whether or not these facilities have been closed or these facilities are still open — We recognize that it is not just one facility. It’s saying, we’ve got to look at all of the facilities that were ran by the department and look at all of the practices and all of the people in these facilities. If it were one isolated center then you’d be like, maybe it’s not systemic; But when we look across all of the systems, all of the facilities that were under the control or under the jurisdiction of the department, we see the theme is that it’s happening at every facility, that it’s happening to all of our children: It’s happening to boys, it’s happening to girls, and, unfortunately, the disproportionate number of Black and Brown children that are being incarcerated means that there’s going to be a disproportionate number of children that are violated who are also going to be Black and Brown children.

    One of the things that we’ve failed our children on many times in these facilities is we’re locking them up and whatever the reason is that they got locked up, we’re not helping them deal and cope with the trauma. On top of that, while they’re in there, they’re being even more traumatized. Post-traumatic syndrome, it’s real. Trauma is real and what we see in some cases. There are individuals who were victims and traumatized while they were in juvenile facilities and they’ve been able to go on and live productive lives and still be able to maybe suppress the trauma that they’re in. But in other situations what we see is individuals have continued to repeat behaviors because the trauma has never been addressed. Then —

    Mansa Musa:

    Yeah.

    LaRuby May:

    — Go ahead. I’m sorry.

    Mansa Musa:

    No, go ahead, go ahead. You finish that thought.

    LaRuby May:

    We wonder why a brother that’s incarcerated at the age of 45 started getting incarcerated when he was younger — It’s because when you arrested him when he was 13 you didn’t do anything to help him or help his family. Other than, like you said, lock him up and put him in solitary confinement. You never helped him deal with the trauma. We see that trauma sometimes can lead to continued behavior that allows for them to, not only have been incarcerated as juveniles, but now to be incarcerated as an adult. And we look at him and he’s this or she’s that without the full context of the system helped to make them.

    Mansa Musa:

    Right, right. Created that, yeah.

    LaRuby May:

    Yeah, the system created that. That’s a part of the accountability that we want to hold for the system, that you not only allowed for these babies to be violated when they were children but then you allowed for this behavior to continue and that’s why we see some of our brothers and sisters still currently incarcerated.

    Mansa Musa:

    Okay. I want you to address two things.

    LaRuby May:

    Mm-hmm.

    Mansa Musa:

    Early in the system, they had the Department of Juvenile Services outsourced. So they might outsource foster care and they would have children in, in lieu of sending them to an institution, they would say, I’m going to send you here but you’re under the jurisdiction of the Department of Juveniles. Have you all identified that mechanism? And two, talk about why people should understand this issue, in terms of the importance of it. As you were talking, in my mind I’m saying, if we indicted the archdiocese so everybody can be like yeah… A lot of the folks that were violated, ethnicity is such that they got a little bit more prominence in that regard, and if you’re talking about poor people.

    Talk about that why this issue should be given the same attention and get the same results as when people come out and talk about being victimized by the archdiocese. Talk about those two things if you can.

    LaRuby May:

    Okay. Say the first question first again.

    Mansa Musa:

    The first question deals with the Juvenile Department.

    LaRuby May:

    Oh, the facility.

    Mansa Musa:

    So, they had a situation where people got in that space said, we’ll become a foster parent, you can send them to us; Whatever the condition is, you send them to us and we’re getting paid for supervising them. Children have been abused in that system. And the other one is the archdiocese and how we look at it.

    LaRuby May:

    Okay, yeah. We haven’t specifically looked at individuals who were violated or abused while they were in foster care or while they were in the custody of the state of Maryland through Child Family Services or other services. I would believe if there was an individual who was… Many times, you are a ward of the state, you are in the custody of the state. If there was an employee or an adult that was affiliated with the state who violated a young person while they were in their care, we want to talk to that person as well, we want to talk to those people as well. But this lawsuit specifically focuses on individuals that were in the custody of a juvenile facility, of one of the 13 facilities that we’ve named in our complaint.

    The other part about it is we understand money and we understand economy. We know people tend to care about people that other people care about, and people don’t care about Black folk and people don’t care about poor folk as much as they care about our white counterparts or our more affluent counterparts. But for us, that doesn’t mean that you don’t deserve justice. In fact, for us that means that we need to fight even harder for you. Lots of attention, lots of resources around… Especially young boys who were altar boys in the Catholic Church, we saw a prevalence of white folk that were in that litigation.

    But our Black and Brown brothers and sisters who were in juvenile facilities, guess what? Their mothers love them as much as those altar boys, their daddies love them as much as… We love our children as much as anybody else loves their children, so how dare a system not be sensitive and not consider a child just because you had an interface with the law. I’ve interacted with folks that, yup, he stole, yes, he went to juvenile but he was stealing because he was hungry.

    Mansa Musa:

    Right, right, right. It’s a social connection.

    LaRuby May:

    Yeah.

    Mansa Musa:

    It’s a social connection. Yeah, it is.

    LaRuby May:

    So, now he or she gets treated differently because he didn’t go to a church, because of his skin color, or because of where he lived in the neighborhood. For me, my law firm, and this litigation, that doesn’t work because that’s my niece, that’s my nephew, that’s my little cousin. To make sure that we’re fighting for justice for individuals who have formerly been incarcerated or may be currently incarcerated, to us, they deserve no less justice than anyone else. And we’re going to continue to fight for that justice and are looking for the opportunity to talk to more folks who were in the facilities.

    Mansa, it’s important for me to let you and let your audience know that we do not use your name. Even in our lawsuit it’s listed as a John Doe or a Jane Doe because this is about holding accountability, this isn’t about trying to put people on blast. We recognize that folks are still going through trauma. We work to try to make sure clients get connected to mental health services to be able to deal with the trauma. Not only the trauma of the past, but when I ask you to talk about what happened to you 20 years ago, that’s going to trigger trauma again. To be able to make sure that we can provide or help you get connected to resources is an important part of the work that we do.

    Mansa Musa:

    All right. As we close out, tell our audience how they can get in touch with you if they a family member that knows somebody, or if they’re interested in trying to help you advocate, or get a copy of the litigation.

    LaRuby May:

    Oh, absolutely. If you want information as it relates to this, if you, a family member were violated or abused while you were in one of the juvenile facilities in the state of Maryland, you can give us a call. Our phone number is 1-833 May, M-A-Y-J-U-N-G, the name of our firm, May Jung, which is 1-833-629-5864. Again, that’s 1-833-629-5864. If you are a victim, if you know of a victim… And everything is held with us in complete confidentiality in terms of your talking to us and letting us know what happened to you. I work with many providers who are doing housing with our brothers and sisters who are returning citizens.

    So if you’re an advocate or an activist working in the field, we want to talk and connect to you. Because the other thing that we realize is that we want to connect to people who are already connected to the folks that have been victims so that we can continue to leverage those trusting relationships. Again, 1-833-629-5864 is how you can get connected. My name is LaRuby and you can also email me; My email address is LaRuby, L-A-R-U-B-Y@M-A-Y-J-U-N-G.com, laruby@mayjung.com. Feel free to email me or to give us a call.

    Mansa Musa:

    Yeah. Thank you, LaRuby, for coming on Rattling the Bars. You definitely rattled the bar today. We want to emphasize this to our audience: We’re talking about our children. We’re talking about children. No matter what they look like today, 50 years old, they were a child when this happened to them and nobody has the right to abuse a child. Nobody has the right to take advantage of a child because they have the ability to. More importantly, when our children are taken into custody of Juvenile Services or any services, our children should be protected. We want to encourage everyone to reach out to LaRuby and the firm and educate yourself on this issue. But more importantly, we want you to continue to rattle the bars and continue to support real news. Thank you, LaRuby.

    This post was originally published on The Real News Network.

  • Former Baltimore Police Sgt. Ethan Newberg’s disgraceful downfall continues as new body camera footage reveals an incident in which the ex-cop made three illegal arrests, and then threatened to arrest entire block full of witnesses. Although they were initially responding to a neighborhood dispute, Newberg and his partner arrested a local resident who was not involved in the altercation almost immediately. When neighbors began to protest, Newberg escalated to arrest two more residents—and threatened to keep going until the whole neighborhood was in handcuffs. Police Accountability Report returns with exclusive footage of Sgt. Newberg’s outburst, and what it tells us about the state of policing in Baltimore and around the country.

    Production: Stephen Janis, Taya Graham
    Post-Production: Stephen Janis, Adam Coley


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham, and welcome to the Police Accountability Report.

    As I always make clear, this show has a single purpose: holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops, instead, we examine the system that makes bad policing possible.

    And today, we will achieve that goal by showing you this video of a cop that made not one, not two, but three illegal arrests, all of which occurred during a dispute between neighbors that was unremarkable, to say the least. But it’s also an example of how bad policing can literally spiral out control to the extent that it changes the psychology of an entire community, which is why we will be showing it to you in exacting detail.

    But, before we get started, I want you watching to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com or reach out to me directly on Facebook or Twitter @tayasbaltimore, and we might be able to investigate for you. And please like, share, and comment on our videos. It helps us get the word out and it can even help our guests. And of course, you know I read your comments and appreciate them. You see those hearts down there, I give those hearts out, and I’ve even started doing a PAR comment of the week to show you all how much I appreciate your thoughts and to show what a great community we have. And we have a Patreon called Accountability Reports, so if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything can spare is truly appreciated.All right, we’ve gotten that out of the way.

    Now, one of the problems with the advent of body-worn cameras is that even when police are caught making bad or illegal arrests, the video is not always made public. Ironically, police departments, using transparency laws, have been able to hide their questionable behavior and thus circumvent the whole purpose of wearing body cameras in the first place.

    And today we have a perfect example of that problem, video that the police did not want you to see, but we are showing you here for the very first time, despite having to battle the government for two and a half years to obtain it.

    It depicts Baltimore police officer Sergeant Ethan Newberg, wreaking havoc on the community, an authoritarian style of policing that leads to multiple illegal arrests. It is in fact a stunning example of how easy it is to abuse police powers and the consequence when that abuse is hidden from the public.

    Newberg was charged in 2019 with multiple counts of misconduct in office for making nine illegal arrests, 32 counts to be exact. The body camera remains secret until we won an appeal to have it released. And now in a series of shows, we are revealing it to you for the very first time.

    This story starts in Baltimore, Maryland when a neighborhood dispute attracted the attention of the police. As you can see, Newberg arrives on the scene, and instead of talking to the residents or trying to understand their concerns, he immediately becomes combative. Notice that one of his fellow officers decides that talking in their own backyard was actually illegal.

    Take a look.

    Newberg:

    What is going on?

    Woman in Dispute:

    First of all, I live here. I don’t know what the hell’s going on. I just got off work.

    Newberg:

    So nobody knows what’s going on.

    Woman in Dispute:

    No. Nobody.

    Cop 2:

    Who called us here? How about that?

    Woman in Dispute:

    I don’t know! One of the nosey-ass neighbors called!

    Cop 2:

    Is everything okay here?

    Woman in Dispute:

    Yes! Everything’s okay!

    Cop 2:

    Do you need us here?

    Woman in Dispute:

    No!

    Second Woman in Dispute:

    We live here. I live here. I got a son!

    Cop 2:

    Oh my God. Okay.

    Newberg:

    Hold on. Hold on. This is what’s not going to happen. We’re not going to have a group of people outside in the block screaming, and shouting, and yelling.

    Taya Graham:

    But one of the neighbors decided to push back. Take a listen.

    Woman in Dispute:

    She done left!

    Male Neighbor in Dispute:

    That’s a public street. I thought we can do what we want.

    Newberg:

    Hey, let me tell you something, big mouth.

    Male Neighbor in Dispute:

    Excuse me?!

    Newberg:

    Leave! Leave! Leave!

    Male Neighbor in Dispute:

    I am leaving.

    Newberg:

    That’s a great idea.

    Male Neighbor in Dispute:

    I know.

    Newberg:

    Let me see your ID.

    Cop 2:

    Is this your car right here?

    Taya Graham:

    That’s right. He says, “It’s a public street. I can do what I want.” That’s it. He didn’t shout ACAB, or F the police, or any other anti-police type of behavior. No, just an accurate rendering of his Constitutional rights. And what kind of response does the First Amendment right to free speech elicit? Handcuffs.

    Newberg:

    Illegally parked. Let me see your ID.

    Cop 2:

    Let’s see your ID.

    Newberg:

    You want to play these games, big man?

    Cop 2:

    There you go.

    Newberg:

    You’re so close to going. Don’t even think of it. Put your hands…

    Male Neighbor in Dispute:

    What?

    Newberg:

    Based off your actions right now, you’re going in handcuffs.

    Male Neighbor in Dispute:

    Record. Record.

    Newberg:

    Yeah, please do.

    Woman in Dispute:

    Want me to take [inaudible 00:04:49]?

    Cop 2:

    No [inaudible 00:04:50] this vehicle.

    Woman in Dispute:

    Why?

    Cop 2:

    Why?

    Woman in Dispute:

    That’s my vehicle.

    Newberg:

    Okay, well right now it’s illegally parked.

    Taya Graham:

    So he left. He actually left, even though all he did was express himself, so to speak. His only crime invoking the right to peaceably assemble, but the police were not satisfied. Just watch.

    Woman in Dispute:

    And we can move it!

    Newberg:

    And based off your actions, you’re not following orders.

    Cop 2:

    Put him over here.

    Newberg:

    I hear nothing.

    Cop 2:

    Put him on the sidewalk.

    Newberg:

    Scoot back! Scoot back!

    Taya Graham:

    Okay, so let’s just review. The officer says, “Based on your actions right now, you have committed a crime.” Really? You mean speaking politely? Leaving when asked? And showing your ID? How and why does this add up to a crime? How is that illegal?

    But it gets worse as Newberg decides to bully the rest of the neighborhood.

    Cop 2:

    You can laugh all you want. I’m giving you a lawful order. Scoot back! It’s off…

    Woman in Dispute:

    Okay, we’re back!

    Male Neighbor in Dispute:

    You do what you do!

    Woman in Dispute:

    Babe!

    Male Neighbor in Dispute:

    You do what you do. I’m scooting back. Look at that shit.

    Newberg:

    Y’all think y’all tough, huh?

    Cop 2:

    Put your hands behind your back. Put your hands behind your back.

    Speaker 5:

    We have another unit. 2200 Ashton street [inaudible 00:06:06] I don’t know what the problem is.

    Taya Graham:

    That’s right. Newberg makes another illegal arrest. Cuffing someone who was filming on a public street. We’ve seen some overreach by police, but this might actually just take the cake. What was the crime? What was he doing that justified handcuffs? But Newberg only ups the ante, threatening the remaining residents who are standing on a public street, just observing the police. They aren’t protesting, they aren’t yelling, but even if they were, it wouldn’t matter because that, again, is not illegal.

    Just watch.

    Cop 2:

    Now you threaten me.

    Newberg:

    Scoot back! I will take everybody! Out the street! Out of the street!

    Cop 2:

    It’s a felony to threaten me.

    Male Neighbor in Dispute:

    I don’t fucking threaten you. I said don’t touch her of my baby. My baby…

    Cop 2:

    You said you ain’t shit without that badge or whatever.

    Male Neighbor in Dispute:

    It was not a threat. I just said, you ain’t shit without that badge. That’s what the fuck I said. It wasn’t a threat.

    Cop 2:

    Negative. Hey!

    Male Neighbor in Dispute:

    You got my hand on twisted up.

    Cop 2:

    30.

    Male Neighbor in Dispute:

    You hear me?

    Taya Graham:

    Okay.

    The observation that Newberg is not, you know what, without that badge is that man’s truth. It’s not a felony. But that is what happens when law enforcement is allowed to operate with impunity. Speaking truth to power becomes a crime, and exercising your rights becomes an arrestable offense. And Newberg continues to embrace that form of policing. Take another look.

    Cop 2:

    Get another cage car up here on Longwood.

    Woman in Dispute:

    I don’t give a fuck!

    Cop 2:

    Get this crowd back! Get this crowd back! Hey, your car unlocked? I want this guy separated. Stand up.

    Male Neighbor in Dispute:

    Hey babe, get this man’s badge number.

    Cop 2:

    Stop yelling in my ear.

    Male Neighbor in Dispute:

    I’m not. I can fucking yell if I want.

    Newberg:

    Scoot back!

    Cop 2:

    I got to get a search on him.

    Newberg:

    I got it.

    Male Neighbor in Dispute:

    You got nothing. I just got money and my ID. Can I give that money to my fiance?

    Newberg:

    No.

    Male Neighbor in Dispute:

    Well, y’all better not talk about money, though.

    Newberg:

    Shut up, dude. You’re getting annoying.

    Male Neighbor in Dispute:

    I mean, y’all’s annoying.

    Newberg:

    Just take your charge.

    Male Neighbor in Dispute:

    I’m taking it.

    Newberg:

    Yeah.

    Taya Graham:

    So as you heard there, the infamous Newberg credo, “Take your charge.” In other words, “Forget about your rights or if you’re innocent, just accept the fact that I am the law and you are subject to my whims.” But Newberg is not finished. Not hardly. Just see for yourself.

    Male Neighbor in Dispute:

    My fucking arm! You got my arm all twisted!

    Newberg:

    Handcuffs are not made for comfort, sir. Put your feet in the vehicle.

    Male Neighbor in Dispute:

    You put my hands straight.

    Newberg:

    Put your feet in the vehicle.

    Male Neighbor in Dispute:

    Can you switch this cuff, please?

    Newberg:

    Put your feet…

    Male Neighbor in Dispute:

    I just need to put my hands straightened and I’m good.

    Newberg:

    Okay, well the problem is you keep inciting the rest of the crowd. So you need to… No, you are, you’re inciting a riot. Get in the vehicle.

    Taya Graham:

    So I ask you, is he really inciting a riot? Can’t the police at least accommodate him so he’s not in pain? Apparently, not in this land of law enforcement run amuck. It seems to me that the police are trying to enforce silence, if not obedience. It’s a push for street supremacy that escalated when police tried to make yet another arrest.

    Woman in Dispute:

    All he said was you ain’t shit without that badge.

    Newberg:

    Get out of the street! You’ve been warned! I have units in route! Whoever does not live in this block will be going to jail! I’m giving you a lawful order! I don’t care! Until we clear this scene and make it safe! Everybody’s out of here!

    Second Woman in Dispute:

    Police [inaudible 00:09:41].

    Newberg:

    You talking to them. When these units get here, people are going to go in handcuffs. I can guarantee it. And, ma’am, you’re going to be the first one to go.

    Taya Graham:

    Okay. So now Newberg has basically threatened to arrest the entire block. Forget the fact that standing on the sidewalk does not require a residency test. Forget that the right to peaceably assemble prevents police from effectuating just a sort of arrest. Neither Newberg nor his fellow officers seem to care.

    Newberg:

    Say one word!

    Woman in Dispute:

    [inaudible 00:10:21]

    Newberg:

    Let me tell you something. You want to be a show off? You can join the other two that’s going to jail.

    Second Woman in Dispute:

    She needs to…

    Newberg:

    No, you need to mind your business! Don’t walk up here and run your mouth!

    And if I do?

    Try it! Do it! Go ahead. Go ahead. Yell at him. I dare you.

    Second Woman in Dispute:

    [inaudible 00:10:38]

    Cop 2:

    Take her.

    What are you doing?

    Newberg:

    You’re making a fool of yourself.

    Second Woman in Dispute:

    I want to leave. Get up.

    Newberg:

    No, you’re going to jail.

    Second Woman in Dispute:

    Y’all are hurting…

    Newberg:

    You’re going to put your hands behind your back. Let her go. Let her go.

    Second Woman in Dispute:

    Don’t push me like that.

    Newberg:

    Then walk away while you still can! Take her out of here!

    Speaker 9:

    Come on. Come on, come on. Come on. You got your car…

    Taya Graham:

    Then, after failing to arrest the woman, who again was simply exercising her right to push back against the government, police arrest another woman for reaching into the police car to get her keys. All of this is due to the initial illegal arrest that put her in the predicament of having to retrieve her keys in the first place. A perfect example of the cascading effect of bad policing. Just take another look

    Newberg:

    Young! Well, hey, Cisco, do me a favor, let’s tow this truck out of here. It’s blocking the whole thing. What are we doing with her? What are we doing with her?

    Cop 2:

    I don’t know. She decided to reach in the car and not…

    Newberg:

    Oh, that’s lovely.

    Cop 2:

    It’s up to you.

    Newberg:

    No, you cannot! You can walk away!

    Cop 2:

    [inaudible 00:11:58] multiple times to go to the end of the block.

    So you want me to order a tow for that?

    Newberg:

    Yes.

    Cop 2:

    Okay. Where are you going if those cuffs come off?

    Second Woman in Dispute:

    Home.

    Newberg:

    Where’s home?

    Second Woman in Dispute:

    Down the street.

    Newberg:

    So those cuffs come off, you’re walking down the street?

    Second Woman in Dispute:

    Well I planned on driving down the street.

    Newberg:

    No, well that’s off the table.

    Cop 2:

    That’s off the again.

    Newberg:

    So you have two choices, jail or walk away, which one you want?

    Second Woman in Dispute:

    I need my truck.

    Cop 2:

    Okay.

    Newberg:

    All right. So she needs to be transported then.

    Cop 2:

    Okay. All right.

    Newberg:

    To jail.

    It’s your call. I mean, I can’t understand what’s happening here. They’re definitely going! Oh, they’re gone! Just few… They came up here to start trouble and now they’re going to jail.

    Taya Graham:

    And then Newberg decides that as a final insult to injury, he will continue to taunt that victim of his illegal arrest in jail. Just watch.

    Newberg:

    Okay.

    Cop 2:

    Hang on.

    Newberg:

    Search him.

    Cop 2:

    Hot Spot. Check [inaudible 00:13:19] Avenue.

    Newberg:

    Is your ID in here?

    Male Neighbor in Dispute:

    No. You got it.

    Newberg:

    Got it. All right. Well that’s a charge.

    Cop 2:

    Oh yeah, felony. It’s you said?

    You said, “Yeah. Okay?”

    Male Neighbor in Dispute:

    I didn’t say nothing. I just said okay. [inaudible 00:13:52] Y’all had no reason to lock nobody up. Nobody did nothing.

    Cop 2:

    Y’all know each other?

    Newberg:

    Don’t explain anything to him. Just… It’s over.

    Male Neighbor in Dispute:

    It’s over for your badge. That’s all.

    Newberg:

    Stay on for the other one.

    Taya Graham:

    And that final video illustrates a point about a so-called “minor” arrest that I think is worth illuminating. In the end, that minor arrest leads to an innocent person being locked into a dirty, filthy, tiny cage. A moment without dignity that I believe the public must see to understand that there is nothing minor about an arrest, because it always ends up with someone, somewhere, locked in a cage.

    So let’s watch that again and keep in mind that no arrest is inconsequential.

    Newberg:

    You got the ID on him?

    Cop 2:

    You want his ID, too?

    Newberg:

    Mm-hm.

    Cop 2:

    That’s his.

    Taya Graham:

    But there is more to this story than just the questionable actions of Ethan Newberg and his fellow cops, details that my reporting partner, Stephen Janis has been digging into during our ongoing investigation into what was going on behind the scenes and the possible motive police had for trying to keep this video secret.

    Stephen, thank you so much for joining me,

    Stephen Janis:

    Tay, thanks for having me. I appreciate it.

    Taya Graham:

    First, Stephen, we have been trying to get this video for over two years, but the state’s ombudsman, the official of last resort when the keeper of records, in this case the police department, refuses to release those records. So this ombudsman gave us some very troubling reasons for not releasing the body camera footage. Can you talk about it?

    Stephen Janis:

    It was almost like we were talking to the police department, which it turns out we were, because I did a little research. Now this ombudsman is, you said it’s supposed to be the person of last resort, you appeal to when your MPI request is turned down. But she ended up making the argument that releasing this body-worn camera before Newberg was sentenced would prejudice the judge.

    Now this is evidence, so this is very strange. So I did a little background check and it turns out the ombudsman is actually under the auspices of our Attorney General. In other words, our ombudsman represents law enforcement, and that’s exactly what went down when we spoke to her.

    Taya Graham:

    So do you think the release of the video prior to sentencing would’ve affected that outcome that Newberg did not receive jail time?

    Stephen Janis:

    Okay, Tay, I’m going to be a bit of a skeptic and say the judge wouldn’t have done anything, but the public would’ve seen it, and perhaps that would’ve put pressure on the justice system to do its job in this case, which I think is to hand out a fair sentence based on the crimes committed, which were extensive. S.

    O I think the judge had already decided he was not going to give Newberg anytime, which he didn’t. But I think if the public had seen it and there was public pressure, it would have made a big difference.

    Taya Graham:

    I thought the video was a good example of why there is really no such thing as a minor arrest. What’s your take?

    Stephen Janis:

    Well, it’s amazing because as you watch the video, and as we just showed it, there’s a young woman who’s trying to retrieve the keys for the truck from one of the young men he arrested, and then Newberg hassles that woman and threatens her with arrest. But the point is that he’s got his keys, they take his possessions, and then they’re going to tow the truck.

    So a family, for an illegal arrest, is out of its transportation for who knows how long they have to pay to get it back. So as you can see, one arrest can sow chaos throughout an entire family and the community. I think this is a perfect example.

    Taya Graham:

    Interestingly, Baltimore has returned to a form of quality of life arrests. How is that working out?

    Stephen Janis:

    Well, I would call Zero Tolerance life. They’ve been writing summons for people supposedly who commit quality of life arrests like drinking on a sidewalk or spitting on a sidewalk. There haven’t been that many citations written. Almost none, actually. It’s just really performative and I think it shows again that law enforcement can’t solve complex social problems like poverty in Baltimore, or crime, or whatever. You need the community and the people.

    Taya Graham:

    The Baltimore Police Department has been rocked with a series of scandals, including the Gun Trace Task Force, which was eight officers who robbed residents, dealt drugs, and stole overtime money right out of the taxpayer’s wallets.

    How does Newberg’s issues fit into the broader picture of a police department be set with such corruption? Well,

    Stephen Janis:

    Well, Tay, I think it’s really interesting because we talk about big corruption like dealing drugs by officers and things like that, but it’s like the minor corrupt culture of police that we see in Newberg’s videos that it’s important to recognize. 14 cops standing around and arresting a guy who has a drug problem, five or six cops around arresting a whole community that’s having a minor dispute, that’s the real corruption that we have unleashed policing in these communities that can least afford it and deal with it, and expect it to solve the problems of poverty, low wages, all sorts of other things. The fact that people can go broke when they get sick, all those things can’t be solved by policing, and when you send them in to do that, you get Ethan Newberg style of policing. And I think that’s why these videos are so important to watch and why we will continue to bring them to our viewers.

    Taya Graham:

    Okay, now I think there is quite a bit to unpack about the video we just watched. Truisms about American policing that are often overlooked during the debates over the role of police and the broader powers of law enforcement, which is a topic of our show today.

    Generally speaking, when political parties spout tough on crime narratives, they miss a salient point, a hidden consequence of unleashing law enforcement on vulnerable communities that rarely sees the light of day. When law enforcers become lawbreakers, it undermines not just our belief in our rights, but the idea that we are entitled to equal protection elsewhere. In other words, what we often miss when we confront the examples of police abuse we witnessed is how the malfeasance affects our minds. And, to a certain extent, I feel like that oversight is intentional. That is the psychological effect of over policing is simply dismissed as a byproduct of law enforcement obsessed political establishment, but it’s also something that needs to be addressed because caging our minds can be just as bad as caging our bodies. So I’m going to address this idea right here, right now.

    Let me start with a story. It’s about a Mississippi sheriff’s drug unit who, believe it or not, called themselves the Goon Squad. Now this particular unit was quite adept at something far field from policing. They were, in fact, practitioners of terrorism. How can I make this claim?

    Well, consider some of the facts that have been recently exposed regarding how this unit operated. And I have to warn you, this is graphic. In their efforts to allegedly make drug arrests, this unit of sheriff’s deputies committed acts that would be more akin to a fascist’s torture. They choked an innocent man with a lamp cord and then waterboarded him. They tasered another man while he was stuck in a ditch full of water. They conducted illegal raids in the middle of the night, often handcuffed and interrogated innocent people, accusing them of holding or dealing drugs without evidence. Sometimes all of this unconstitutional intimidation was done while the victims were staring down the barrel of a gun.

    Oh, and the man they tasered while he was submerged in a ditch full of water, eventually they shoved a stick down his throat until he coughed up blood. But here’s the kicker, this type of unacceptable behavior continued unabated for nearly 20 years. That’s right, for more than two decades, this group of so-called law enforcement officers pretty much acted like an extra judicial tribunal, meting out punishment and intimidation in violation of every precept of our legal system.

    In fact, as the New York Times reported, this behavior would’ve gone on unchecked if not for a grizzly incident that occurred in 2019. And I do need to give you a warning that I will describe graphic violence.

    2019, roughly five deputies stormed into the home of Michael Jenkins and Eddie Parker, falsely accusing them of dealing drugs. Deputy Hunter Elward then proceeded to unholster his gun and shove it into the mouth of Mr. Jenkins. He then inexplicably pulled the trigger, seriously wounding him. This all occurred after they were both forced to strip naked and were abused with sex toys. I’m serious. But, believe it or not, it actually gets worse.

    That’s because the sheriff in charge of the so-called Goon Squad expressed disbelief that this type of abuse behavior was happening at all. Rankin County Sheriff Brian Bailey said, and I’m quoting, “Never in my life did I think this would happen in this department.” Never? In a department that has less than 50 employees, you had no idea? Turns out that this particular sheriff must have been managing a different department, because an investigation by the Mississippi Center for Investigative Reporting, along with the New York, Times found allegations of similar brutality going back to 2004. That’s right. For almost 20 years, the Goon Squad had been terrorizing the community while committing crimes all in the name of law and order.

    Allegations that the so-called law enforcement community apparently knew nothing about. And I say “apparently” because this excuse that the people who are charged with administering justice simply did not know about a large unit of cops regularly committing crimes strains, not just credulity, but logic itself.

    And you know what? That’s also because it’s so familiar. I’ve heard this line almost every time a scandal like this comes to light. And what I think this excuse reveals comes straight from the How To Use Law Enforcement to Sow Chaos in Communities playbook, a few pages from the operating manual they use to keep the engine humming for the American law enforcement mayhem machine.

    So let me try to explain why this is an outright lie, and it’s more than just camouflaging the truth, and share what it says about the actual imperative that drives these units to commit crimes with often unfettered impunity.

    First, we have to understand one aspect of the structure of law enforcement that often goes unexamined. A police department is essentially a military organization operating, technically, at the behest of a civilian hierarchy. That is, all police departments are structured around the command and control of a military style hierarchy with oversight by civilians.

    That’s why officers are often designated for military ranks like sergeant, lieutenant, captain, et cetera. And that’s why civilian control of the police is considered such an important element of reform. It’s also how police departments are managed, by ranking officers who give orders which the rank and file are expected to obey, no questions asked. This means that regardless of circumstance, those same rank and file officers are acting under the orders of supervisors regardless of what the top brass says when things go awry.

    So all of this begs the question, why would a top-down command structure be unaware of the actions of officers who are subject to direct orders? Why would an organization, allegedly under the auspices of military style management, be able to run amuck without anyone knowing?

    Well, aside from the fact that often the people in charge are simply lying, I think there’s another factor that makes a continued drumbeat of specialized unit in scandal after scandal emerge from the apparent shroud of mystery that surrounds law enforcement leadership. It’s a factor that’s routinely underestimated with the mainstream media and political elites hand wringing over, “How could this have happened?” fairytale, they tell themselves, not us, when the news breaks about a veritable torture unit masquerading as police.

    Put simply this unit targeted impoverished areas just like Sergeant Newberg, just like the notorious Gun Trace task force that robbed residents and dealt drugs in Baltimore, just like most of these cases, they all occur in places struggling or suffering from poverty. Whether it be the big city cases I just mentioned, or the rural community subject to the Goon Squad, bad policing is focused primarily on poor and working class neighborhoods. This is as true for Mississippi as it is for Baltimore. Meaning when it comes to unleashing the power of bad policing, the worst of it tends to trickle down.

    Now that’s perhaps not such a surprising revelation. The idea that our political elites would seek to unjustly punish the working class is hardly breaking news. What’s perhaps less understood is why, and that’s what I’m going to break down for you here, and I’m going to do so by making a point about something that may seem tangential, but is actually part of the reasons cops like to cause chaos in communities that can least afford it. The topic is social security, the trust that is supposed to, in part, fund retirement for working people that is apparently on a path to run out of money? The meager benefit for people who work their whole lives that apparently over promises to workers and needs to be curtailed, or otherwise altered, to ensure that it has enough money to cover the benefits that were earned by hard, backbreaking work.

    Well, guess what? One big reason social security is underwater is due to this, generous benefits to the rich. That’s right. Unlike other countries, like the United Kingdom and the rest of Europe, which limit what the top earners can take from the system to keep it sustainable, the US grants benefits that, in some cases, exceed $117,000 per year for the highest earning couples. That’s three times what the same couple will receive in Britain, the contrast is so extreme that the Cato Institute, that’s right, the Cato Institute, which incidentally is no bastion of liberalism, called our Social security system, a “golden parachute for the rich.”

    The point they make in the report is that the richest Americans, just like their counterparts in the UK, don’t need the extra money, which is why the cap exists in England. The point of this pension system, and supposedly ours, is to make sure every American who retires does not become impoverished. But our system actually does the opposite, it enriches the already rich.

    And before you start saying, “Oh, Taya the rich pay more so they deserve more.” Just stop. It’s not true. That’s because our social security system has a cap, meaning you only pay into social security tax on a maximum of $168,000 in annual earnings. So a person who earns $50,000 a year pays multiple times more on social security tax on a person who makes $500,000 a year. Let me say this another way. The richer you are, the less you put in the system. Every dollar you make over $170,000 a year is not taxed. This also means that if the cap were lifted, and everyone was taxed at the same rate, rich or poor, the entire system would not just be solvent, but might even be overfunded.

    But the reason I bring this up in a rant about law enforcement is simple, the elites are ripping us off and they don’t want us to know. They’re literally burdening us to pay welfare for the rich and they don’t want us to focus on just how bad a deal it is. Instead, they want us to focus on crime, how bad it is, how out of control it is, how many new punitive laws we need, how we need to pay cops more and more, and spend more money on law enforcement.

    It’s a nice compact misdirection play. “Don’t look over here while we’re writing bills that tax you more than the filthy rich so they can retire in luxury while you go broke buying insulin or trying to afford an EpiPen. Don’t stop fixating on that crime because if you do, you might realize we’re being fleeced and call for change and more fairness in this system.” Now we wouldn’t want that, would we?

    The point is, the powers that be want to keep us confused, off balance, and fighting for our rights instead of demanding more. They want us to be pleading for mercy from the militarized units that terrorize our communities rather than saying, “Wait a second, you want me to pay more taxes than a millionaire?”

    I find it hard to believe they just didn’t know that deputy sheriffs were breaking the law on a daily basis. I think it was purposeful, willful ignorance, because that was the point, to have our rights degraded, and to make our minds pliable, and worn down and ultimately make us psychologically unable to demand better. In sum, they simply want to imprison our minds. That’s why videos like the ones you just watched need to be revealed. That’s what the so-called scandal in Mississippi, portends. That our ability to imagine something better is imperiled. That’s why we need to fight back for it because freedom, our freedoms, started with a thought, an idea, and we need our minds clear and our imaginations free to define these freedoms. We, the people, need to be the ones to define it, not a bunch of rogue cops.

    I’d like to thank the Baltimore City Police Department for giving us the body camera footage that gave us such powerful insights into the culture of policing. And of course, I want to thank Intrepid reporter Stephen Janis for his writing, research, and editing on this piece. Thank you, Stephen.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    And I want to thank mods and Friends of the show, Noli D. and Lacey R. for their support. Thanks to you. And a very special thanks to our accountability report, Patreons, we appreciate you, and I look forward to thanking each and every one of you personally in our next live stream, particularly Patreon Associate Producers; John E.R., David K., Louis P., Lucy Garcia, and super-friends Shane B., Kenneth K., Pineapple Girl, Matter of Rights, and Chris R.

    And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us, and we might be able to investigate for you. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram, or at Eyes on Police on Twitter. And of course you can always message me directly @tayasbaltimore on Twitter or Facebook. And please like and comment, I do read your comments and appreciate them. And we will have a Patreon link pinned in the comments below, so if you feel inspired to donate, please do, because anything you can spare will truly appreciated.

    My name is Taya Graham and I’m your host of the Police Accountability Report. Please, be safe out there.

    Speaker 5:

    Thank you so much for watching The Real News Network, where we lift up the voices, stories and struggles that you care about most and we need your help to keep doing this work. So please, tap your screen now, subscribe and donate to the Real News Network. Solidarity forever.

    This post was originally published on The Real News Network.

  • This story originally appeared in In These Times on March 11, 2024. It is shared here with permission.

    Federal charges ordinarily cover matters of national reach: immigration, voting rights, racketeering. Not in Indian Country. Tribal members frequently find themselves in federal court for all sorts of allegations— not just serious crimes, such as murder, but lesser offenses, like burglary. Once in federal court, they face sentencing guidelines that are stiffer than if they were tried in state court, where non-Native cases are generally heard. Diversion, probation and other mitigation actions, typical of state courts, are also less common, as is a jury that includes their peers, which is to say, other Natives.

    As a result, Native Americans receive significantly longer sentences than non-Natives for similar crimes and many sources have cited a statistic indicating they are 38% more likely to be behind bars than anyone else. Native detainees are also, on average, younger, more likely to be women and have less criminal history than the federal prison population at large. 

    More than two decades ago, the U.S. Sentencing Commission — the independent agency within the Department of Justice (DOJ) that defines sentencing policies and practices for federal courts — first met to address these disparities. The differences are baked in by laws and Supreme Court decisions that date back more than a century — in particular, to the Major Crimes Act of 1885.

    Still on the books, the Major Crimes Act established federal jurisdiction over a swath of on-reservation crimes — if the defendant is Native. This jurisdiction, which results in many crimes by Natives on reservations being tried in federal court, effectively ensures greater sentences for Natives than non-Natives committing similar crimes. It’s one of the clearest manifestations of the U.S. government’s long and ongoing efforts to dominate Indigenous nations.

    The Sentencing Commission found, for example, that, on average, an assault conviction in a South Dakota state court that carried a 29-month sentence got 39 months in a federal court. The spread in New Mexico was wider: six months versus 54. Similarly, the state court sentence for a sexual-abuse conviction in South Dakota could be 81 months, as opposed to 96 in federal court. In New Mexico, it averaged 25 months versus 86.

    A rare image of the jury in Crow Dog’s trial in Deadwood, S.D. COURTESY OF DEADWOOD HISTORY, INC., ADAMS MUSEUM COLLECTION, DEADWOOD S.D.

    CROW DOG AND THE MAJOR CRIMES ACT

    On Aug. 5, 1881, gunfire rang out on the Rosebud Sioux Indian Reservation, Dakota Territory, as Kangi Sunka, or Crow Dog, shot dead rival tribal leader Sinte Gleska, or Spotted Tail, as the latter was leaving a tribal council meeting. Local newspapers covered the story continuously — and in great detail — from the initial incident through the final court decision two years later.

    After the shooting, the tribe directed Crow Dog to re-establish community harmony by giving Spotted Tail’s family horses, money and a blanket. When federal officials called for his arrest, Crow Dog, accompanied by a Rosebud chief, turned himself in at a nearby Army fort and was arraigned in Territorial Court in the town of Deadwood.

    Prosecutors alleged Crow Dog ambushed Spotted Tail, shooting him from the cover of his wagon. For his part, Crow Dog testified he was behind the wagon because he was fixing its undercarriage. Spotted Tail apparently thought Crow Dog was lying in wait and aimed his pistol. Crow Dog saw this, grabbed his rifle and fired.

    Meanwhile, Crow Dog’s wife and baby were on the wagon’s seat during the incident — which raises the question: Who brings their family to a gunfight?

    Crow Dog’s lawyer, who worked most of the case in return for a few ponies, filed a plea of self-defense. He also challenged the Territorial Court’s jurisdiction over on-reservation offenses committed by tribal members. How the trial ended and the ensuing political maneuvers reverberate to this day.

    As Crow Dog’s trial progressed, many Deadwood residents came to believe that Crow Dog had not set out to kill Spotted Tail. Instead, they thought the two men had defended themselves simultaneously in a confusing and fast-moving event. Crow Dog was simply faster. They thought he would be acquitted or, at worst, found guilty of manslaughter. Instead, Crow Dog was convicted of murder and sentenced to hang.

    Meanwhile, the Bureau of Indian Affairs and other federal officials had been case-shopping, according to City University of New York law professor Sidney L. Harring in the American Indian Law Review. In particular, they wanted a situation that would give the United States control of tribal justice. A few cases were considered, but Crow Dog’s seemed most likely to spur Congress to act: Spotted Tail was a prominent tribal leader who was widely understood to support negotiation with the federal government on important matters, and his death could be sold as a loss to the United States.

    At the same time, the United States was looking for cheaper ways than war to separate Indigenous people from their land. By the estimate of Carl Schurz, a Union Army general who became Interior Department secretary in the late 1800s, the government spent $1 million per death in training, equipping and fielding an army for its battles against Natives. The 1883 Congressional Record shows Congress allocated just $1,000 for the Crow Dog case. After this minimal outlay, the confinement, incarceration and execution of Natives would be established in federal law.

    Though 19th-century Deadwood was a tiny frontier town on the western edge of present-day South Dakota, it was well acquainted with celebrities and celebrity trials. Calamity Jane, Wild Bill Hickock and other notorious gunfighters lived, loved and shot each other there. In 1876, a drifter named Jack McCall was tried in Deadwood for killing Wild Bill in a poker game. Five years later, local newspapers were ready — and eager — for Crow Dog’s trial.

    About a month after the shooting, the Black Hills Weekly Pioneer reported ​“at least one hundred pairs of eyes” had gathered to watch Crow Dog arrive at the Deadwood jail. Weeks of thrilling ​“fake news” in the Weekly Pioneer and Black Hills Daily Times postulated just how the killing could have — must have — occurred. Both tribal leaders were given disparaging nicknames, ​“the old dog” and ​“old spot.” Onlookers were expecting a fearsome scoundrel.

    Then, Crow Dog appeared. Immediately described by the media as handsome with a pleasant smile, he was quickly re-labeled the ​“distinguished Sioux” and lauded as brave, reliable and honest. His good looks should impress the jury, confided the Black Hills Daily Times. Held in the Deadwood lockup, Crow Dog enjoyed ample meals ​“well cooked and cleanly served” and was allowed dinner guests, according to the newspaper. He whiled away his time by making scrapbooks and issuing much admired Deadwood weather predictions.

    In a prequel to today’s red-carpet coverage, readers learned that one day Crow Dog wore to court a Native-style shirt, leggings and matching blanket. On another, he sported an outfit fashionable today — dark blue sports jacket over dark blue shirt and trousers, no tie. The newspapers carefully recounted the testimony, attorneys’ objections and judge’s rulings, along with overtly racist comments from the jury. One jurist declared the testimony of one white man was worth more than ​“one hundred Indians.” Another said he had ​“been pretty badly scared by them.”

    Some courtroom attendees were pleased that Crow Dog would pay for the shooting with his life. Others hoped the verdict would establish federal jurisdiction and hasten the Dakota Territory’s transition to statehood. Many were shocked by what they saw as double jeopardy, which the Constitution’s Fifth Amendment forbids. The tribe had already resolved the tragedy according to its own law with Crow Dog’s restitution to Spotted Tail’s family. How could the United States try Crow Dog again?

    After Crow Dog was sentenced to hang, his lawyer filed an appeal. In 1883, the Supreme Court vacated the conviction, opining that tribes retained the right— as an attribute of their sovereignty — to be governed by their own laws. When Crow Dog was released, he walked through Deadwood, shaking hands with his many well-wishers and accepting gifts: winter boots, woolen socks, a heavy coat and more. He dined with his lawyer and the lawyer’s wife.

    None of them saw the trap. Deadwood had little communication with the East Coast in those days, and officials in Washington felt free to falsely claim there had been a ​“public outcry” when the Supreme Court freed Crow Dog, according to Harring. Interior Department officials lobbied Congress for more power over tribal nations, describing them as lawless and ruled by ​“blood revenge,” according to Chickasaw tribal citizen Kevin Washburn, dean of the University of Iowa College of Law and former assistant secretary of the Interior for Indian Affairs. They claimed federal legal oversight would provide tribes with increased public safety. ​“Though this justification was based on false and misleading information, it has proven the most durable,” Washburn explains in an article in the North Carolina Law Review.

    When the Major Crimes Act became law, in 1885, it let the federal government reach deep into tribal nations, control their judicial systems, degrade public safety and destabilize their communities. The list of crimes covered has lengthened through the years, and the law has been bolstered by Supreme Court decisions declaring that Natives have no jurisdiction over non-Natives.

    THE ONGOING STRUGGLE

    The aggressive attempt to assimilate tribal members that followed the Ex parte Crow Dog decision ​“ranks as one of the great legal atrocities in the United States, equal to the Dred Scott case and the internment of U.S. citizens of Japanese descent in concentration camps,” writes Harring. A high-profile example of the vast disparities in sentencing that result, cited by the Sentencing Commission and others, followed the death of a baby on a North Dakota reservation in the late 1990s. The baby’s mother was convicted of second-degree murder and received a 10-year federal-prison sentence, which was affirmed on appeal — but not unanimously.

    In dissent, Judge Myron Bright, of the 8th Circuit, argued passionately that the circumstances surrounding the child’s mother — who wrestled with mental illness and had endured constant and even near-deadly physical and sexual abuse since age 5— meant the death should not have been charged as ​“murder,” but as ​“neonaticide,” a crime that takes the mother’s state of mind into account. ​“Now her lifetime of travail becomes magnified by an unjust and improper prison sentence,” Bright wrote.

    Bright also insisted that, had the child and mother not been Native and the death not occurred on a reservation, the mother would not have gone to prison. Indeed, a nonNative North Dakota college student, who was convicted in state court for her role in her child’s death at about the same time and did not appear to have suffered many of the extreme experiences the Native mother had, received a sentence of three years’ probation. ​“I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson, the chief District Court judge in North Dakota, who helped lead the Sentencing Commission’s research efforts in 2015. But, he wrote in a later report, ​“differences between state and federal sentencing law mandate the difference.”

    The U.S. justice system has long operated differently for different groups. The Black Lives Matter movement put that issue on the national agenda, asserting that people of color and those from marginalized populations face separate and unequal judicial hurdles and impacts. It stands true for Indigenous communities, whose history of exclusion is so little understood, whose contemporary struggles are so little covered in the media, and who have the law applied to them in such complicated ways. For Native Americans accused of crimes, like Black Americans and others, the judicial system is punitive, capricious and unrelated to conventional notions of justice.

    Mind-boggling jurisdictional convolutions, along with lack of data, help drive the confusion around Indigenous sentencing. Laws regarding Indian Country justice accreted over the centuries such that who is in charge of a case (the federal government, a state or a tribe) now depends on the Native or non-Native status of the alleged offender and victim, the type of offense and where it is said to have occurred, among other factors. Fair, impartial and clearly defined judgments are absent, and judges openly acknowledge it. ​“Ask virtually any United States District Judge presiding over cases from Indian Country whether the Federal Sentencing Guidelines are fair … and I believe the answer would largely be the same: No,” U.S. District Court Judge Charles B. Kornmann wrote in an article in the Marquette Law Review.

    CASES IN POINT

    “I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson.

    Attorney Charles Abourezk, now chief judge of the Rosebud Sioux Tribe Supreme Court in South Dakota, was part of a legal team that successfully defended tribal council members of the nearby Pine Ridge Indian Reservation. U.S. authorities had charged the council members in the early 2000s with ​“felony failure to pay rent,” arrested them very publicly, and dragged them out in ankle chains, Abourezk said. If convicted, each faced as many as 25 years in federal prison. At issue was how the council members had calculated rent for on-reservation properties, some of which they rented themselves. The members calculated prices according to market value, but the federal government claimed they should have figured the charges based on a renter’s income. If they had, they would have likely owed more for the properties they were renting. According to the federal government, they were in arrears and should be imprisoned.

    To non-Natives, the melodrama of the charges, threatened sentences and arrests may sound preposterous. They’re not, says Joseph Holley, chairman of the Te-Moak Tribe of Western Shoshone Indians in Elko, Nev. Because a tribe’s reservation is held in trust by the federal government, Holley explains, something seemingly innocuous can be magnified into a federal offense. After years of drama, a judge dismissed the charges against the Pine Ridge tribal council members, noting the United States abolished debtors’ prisons long ago. The U.S. Attorney’s Office in South Dakota declined to comment, according to victim witness specialist Ace Crawford.

    In a 2021 report from DOJ, ​“Indian Country Investigations and Prosecutions,” Attorney General Merrick Garland declares the department is ​“committed to partnering with Tribal communities, governments, courts, and law enforcement agencies to help reduce crime and support victims.” To this end, DOJ has given tribes grants, access to national information resources and more. The DOJ report also describes the impossibility of accurately documenting the efforts or determining their impact on Native people. When the Sentencing Commission met recently, it noted that crafting solutions required data it didn’t have— especially from states with large Native populations. So it would be impossible ​“to complete a robust comparison of the sentences received or served by non-Indian and Indian defendants in federal and state courts,” according to the commission’s Tribal Issues Advisory Group.

    Addressing sentencing disparities would also require addressing the justice system’s vengeful approach to Indigenous people. Consider the cases of Lezmond Mitchell and Leonard Peltier. After a trial beset by investigative and procedural failures, the federal government convicted Navajo Nation citizen Mitchell of ​“carjacking resulting in death” in 2001. In August 2020, the United States executed Mitchell. Mitchell’s tribe opposes the death penalty on cultural grounds and had asked for Mitchell to be sentenced to life without parole. Instead, he was caught up in the Trump administration’s execution binge. In resuming federal executions after a 17-year hiatus, the administration killed more prisoners than any other administration in the previous 120 years.

    The case of prominent Native activist Leonard Peltier is another debacle. With fabricated evidence and shifting charges, Peltier was convicted in 1977 of aiding and abetting murderers who had themselves been acquitted. Peltier, who is of Anishinaabe, Lakota and Dakota descent, was sent to federal prison. He has remained there for nearly half a century. Pope Francis, the late Archbishop Desmond Tutu, the Dalai Lama and others worldwide have called for Peltier’s release.

    In 2021, retired U.S. Attorney James Reynolds, who prosecuted Peltier, wrote to President Joe Biden, saying he now realizes Peltier’s conviction was shaped by ​“the prevailing view of Native Americans at the time.” He urged the president to grant Peltier clemency and ​“take a step towards healing a wound that I had a part in making.” Peltier’s petition for clemency is again under review, according to DOJ’s Office of the Pardon Attorney. Peltier’s attorney, Kevin Sharp, says he is ​“more hopeful than ever that something positive will happen.” Sharp credits his optimism to recent public outcries for clemency, along with publicity for gatherings outside the White House in September 2023 for Peltier’s 79th birthday.

    JURISDICTIONAL ANOMALIES

    While the federal government pursues Natives with allegations of even minor crimes, it ignores many serious crimes occurring on their homelands. Joseph Holley of the Te-Moak Tribe of Western Shoshone Indians puts it plainly: ​“There’s no definitive line about how [Native] people are going to be treated by the law.” This unpredictability destroys confidence in the justice system, says Tanya Reynolds, council member of the Te-Moak Tribe’s South Fork Reservation, in Spring Creek, Nev.

    Restrictions on tribal jurisdiction have made Native nations into crime magnets, attracting non-Native criminals expecting to operate without scrutiny. American Indians and Alaska Natives are more than twice as likely as all other races to be victims of violent crime, often at the hands of non-Natives, according to the Association of American Indian Affairs and the National Institute of Justice. Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men. Wyn Hornbuckle, deputy director of DOJ’s Office of Public Affairs, wrote in an email to In These Times that the justice department’s ​“efforts to enhance public safety and sovereignty of Native Americans … accelerated significantly after the passage of the Tribal Law and Order Act in 2010 and continue today.” That law aims to, among other things, increase the number of law enforcement officers on tribal lands.

    Luella Brien, the Apsáalooke founder and editorin-chief of Four Points Press, covers news on her Crow Reservation, in southeastern Montana. She knows of dangerous non-Native perpetrators — drug dealers, human traffickers and more — hiding out on reservations. Thanks to limits on tribal jurisdiction, she says, ​“Non-Native criminals feel safer on the reservation.” William Main, of the Aaniiih and a former chairman and tribal-court lay advocate of the Fort Belknap Indian Community in north-central Montana, reports that non-Natives tell him, ​“reservations are havens for criminals.” He agrees, explaining ​“It’s not the Indians [they’re] a haven for.” There aren’t enough federal agents, says Main, and they are slow to respond to emergencies. The Oglala Sioux Tribe, of the 3.1-million-acre Pine Ridge Indian Reservation, sued the Bureau of Indian Affairs (BIA) in 2023 over inadequate policing for its 30,000 members. Only about 30 officers and seven criminal investigators patrol an area nearly the size of Connecticut. The business committee of the Ute Tribe, of the Uintah and Ouray Reservation, tells In These Times that, at most, three BIA officers patrol its 4.5 million acres in Utah.

    The Supreme Court upheld the limitations on tribal jurisdiction in 2021 in United States v. Cooley. The lawsuit was based on the events of a cold February night, when a tribal police officer came upon a truck stopped on a lonely Crow reservation highway. The officer wondered if the vehicle’s occupants needed assistance. What he found was a non-Native driver with red eyes, slurred speech, bags of meth, wads of cash, loaded guns and a toddler. The officer contacted state and federal officials, and the driver was eventually charged in federal court with drug trafficking. His lawyers convinced lower courts that the tribal officer had exceeded his authority. The Supreme Court disagreed, saying the tribal officer could apprehend the driver — as long as he handed him over for further investigation. In sum, the federal government doesn’t protect tribal communities, and the tribes aren’t allowed to, according to attorney Brett Lee Shelton, responsible for the Indigenous Peacemaking Initiative of the Native American Rights Fund. ​“Undoing the Major Crimes Act and related laws and court decisions is essential,” says Shelton, who is from the Oceti Sakowin Oyate (Great Sioux Nation) and enrolled in the Oglala Sioux Tribe. Getting the federal government to reverse course will not be easy. For decades, it has supported tribal self-determination in education, healthcare, environmental regulations and more — but not criminal law, Shelton says, adding that determining the needed resources for that would be a massive, community-by-community effort.

    CIRCLES OF TRADITIONAL JUSTICE

    Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men.

    The way the Rosebud Sioux Nation handled the killing of Spotted Tail — before the U.S. government got involved — is an example of Indigenous justice. Also known as peacemaking, Shelton says these approaches prioritize healing. They were once emblematic of Native communities worldwide, and many — in the United States, Canada, Australia, New Zealand and beyond — are reviving them as far as national law allows. ​“We tend not to throw people away — to throw them into prison,” says Shelton. He adds that Indigenous cultures understand that a misdeed arises from imbalance, which can be corrected through restitution, apologies and community service. ​“We ask what we can all do together to help each of the people involved.” The goal is healing perpetrator, victim and community.

    The success of this approach is apparent when comparing recidivism rates between recipients of federal sentencing and of traditional Indigenous justice. The Federal Bureau of Prisons reports 45% of released prisoners are back in custody within a few years. In contrast, Shelton says, compliance rates in the United States for peacemaking participants tend to be in the 90% range. Laurie Vilas is a peacemaker with the Mille Lacs Band of Ojibwe in Minnesota. A citizen of the White Earth Nation, also in Minnesota, Vilas welcomes those involved in a case into a circle. This approach is based on time-honored Indigenous talking circles, in which each person talks in turn, uninterrupted, then the group seeks consensus. She encourages participants to craft their collaborative decision making with essential Indigenous values — love, respect, courage, honesty, humility, wisdom and truth. By holding onto their traditional values, Indigenous communities have endured unimaginable depredations. ​“They’ve tried in every way, shape and form to get rid of Natives,” says Reynolds of South Fork. ​“They have not succeeded.”

    The Native American Rights Fund and Indigenous Peacemaking Institute provided source material for this article.

    This post was originally published on The Real News Network.

  • From Assata Shakur to Leonard Peltier, social movements have lifted up political prisoners as revolutionary examples and fought protracted, often decades-long campaigns to secure their release. Now, a new collection from AK Press, Rattling the Cages: Oral Histories of North American Political Prisoners, gathers the experience and wisdom of some 30 political prisoners in one place for the first time. Eric King and Josh Davidson, the editors of the project, join Rattling the Bars to discuss their new book and the urgency of the fight to free political prisoners.

    Josh Davidson is an abolitionist who is involved in numerous projects, including the Certain Days Collective, which publishes the annual Freedom for Political Prisoners calendar, and the Children’s Art Project with political prisoner Oso Blanco. Josh also works in communications with the Zinn Education Project.

    Eric King is a father, poet, author, and activist. He is a political prisoner serving a 10-year federal sentence for an act of protest over the police murder of Michael Brown in Ferguson, Missouri, in 2014. He is scheduled to be released in 2024. He has been held in solitary confinement for years on end and has been assaulted by both guards and white supremacists. King has published three zines: Battle Tested, Antifa in Prison, and Pacing in My Cell.

    Studio / Post-Production: Cameron Granadino


    Transcript

    Mansa Musa:  Welcome to this edition of Rattling The Bars, a show that amplifies the voices of people who are disenfranchised, marginalized, and subjugated, while offering solutions. I’m your host, Mansa Musa. The powers that be say we don’t have political prisoners in America; They say this isn’t a country where people are imprisoned for their political beliefs, but I can tell you from firsthand experience, that the reality is very different. Recently, I spoke with Josh Davidson and Eric King about a book they have co-edited entitled Rattling the Cages: Oral Histories of North American Political Prisoners. This book brings together the experiences and wisdom of over 30 political prisoners in North America.

    Josh Davidson is an abolitionist who is involved in numerous projects including the Certain Days Collective, which publishes the annual Freedom for Political Prisoners calendar, and the Children’s Art Project with political prisoner Oso Blanco. Josh also works in communication with the Zinn Education Project. Eric King is a father, poet, author, and activist. He’s a former political prisoner who was incarcerated for an act of protest over the police murder of Michael Brown in Ferguson, Missouri in 2014. He was held in solitary confinement for years on end and was assaulted by both guards and white supremacists. King has published three zines: Battle Tested (2015), Antifa in Prison (2019), and Pacing in My Cell (2019).

    All right. Thank y’all for joining me on this edition of Rattling The Bars, Josh Davidson and Eric King. Let’s start by talking about the book. The name of the book is Rattling the Cages: Oral History of Political Prison. That’s right. Why? Why this book? And you might have an audience saying, well, there are hundreds of books, hundreds of memoirs, hundreds of narratives dealing with people that are locked up – Why this particular book at this particular time? Let’s start with you, Josh.

    Josh Davidson:  That’s a great question and thank you, Mansa. This is a story that needs to be told. It’s a collection of almost 40 interviews with people who are in prison or have spent time in prison for political reasons. As with all people in prison, they don’t tend to have a voice, and it’s hard to get your voice out when you’re in prison. The interviews that we included not only show love and compassion and a depth of humanity but also non-stop resistance to the system, which is always inspirational and always needed. It was an idea that Eric came up with from the very belly of the beasts, from the inside of some of the worst prisons in the country. He saw that humanity was still there and he wanted to capture it. Eric, I’d love to hear your thoughts on it.

    Mansa Musa:  Right. Both of us have been in this space. Eric, I did 48 years before getting out, and we interviewed you and we recognized that because of your commitment to freedom and justice and struggle, you were ultimately locked up for being involved in the resistance movement. Then after getting locked up, once they got you in the system, they really tried to kill you; Their goal was to kill you. The fact that you’re here on this camera is a miracle. From your experience when you were in the system, why did you see the need and the necessity to try to get this information out to society?

    Eric King:  My brother. Thank you, thanks so much for having me on as well. When I was inside, I was reading a lot of books about political prisoners and about prisoners in general and those books lifted me up. They gave me strength, knowing that other people have been through certain things and that I’m not alone in this struggle, and I also wanted to learn more. I thought it could be beneficial for the next generation to know that their elders went through similar things but that also the prison system didn’t crush us inside.

    That we were able to grow as people, that we were able to grow as organizers, that we were able to have friendships and learn things; Not because the prison system gave it to us but because we took it from them. We insisted upon it. That we’re not going to become these puddles of mud to be stepped on; We’re going to become these tall oaks. Thomas Manning died and I remember thinking to myself, he had so much knowledge and wisdom and it’s gone now. I wanted to make sure that we could get that knowledge and wisdom from as many of our elders and peers as possible to share with the next generation.

    Mansa Musa:  Tell our audience who Thomas Manning was so we don’t take for granted that our audience nationally knows who he is.

    Eric King:  Thomas Manning was a political prisoner, he did approximately 30 years or so. He was a member of the UFF and he was at ADX and the Supermax for a couple of years, and he got brutalized by the police for fighting against the apartheid system in South Africa. He fought against that inside America with Ray Luke and a few others. His body was destroyed by the police and he ultimately died of a heart attack at USP-Hazelton in 2018 or 2019, I believe.

    Mansa Musa:  Okay. We want to send our regards out to his family even now. I see y’all had Angela Davis write an intro to the book. When they locked her up back in the 70s, they wrote a book called If They Come In the Morning, by Angela Davis and other political prisoners. To resonate with the point you made, Eric, in the book she made the observation of the comradery that grows out of the prison system when it comes to – Prisoners in general but – Political prisoners being in that environment. Josh, when you were interviewing, did you get that sense? I see the way you set the book up, you identified a political prison, and then you set up prison life, politics, the prison dynamics, and looking forward. In your interview, did you get that sense of how people related to each other in terms of the comradery that grew out of that wretched decadent environment that we found ourselves in?

    Josh Davidson:  Yes, absolutely. Great question. Great, great question. Angela Davis published that book, that collection of political prisoners, 50 years ago. Now we’re publishing this one with a foreword by her, and the struggle is still the same. And I think that we see that in all the interviews. Everyone talks about not only the comradery that comes with doing time with fellow political prisoners and politicized prisoners but also once they get out, working together through the bars, across the bars to make changes happen and to make a better world. That comes across clearly throughout most of the interviews.

    Mansa Musa:  Right. Eric, you’ve been to ADX, you’ve been everywhere they could put you other than in the ground. I’m not saying that lightly because anybody who knows your story knows that and knows that this was because of civil disobedience. It wasn’t because you went down there, stormed the Capitol, and killed everybody. You weren’t with that crowd. You weren’t with the crowd with the person who assaulted five police in the Capitol and was given five years for that attempt to take over the country. But you sought to… As a matter of fact, I’m going to let you tell your story about why you wound up in prison.

    Eric King:  So when I first got locked up, I was locked up after the uprising in Ferguson when the pigs killed Michael Brown. In my city, I was an anarchist – I’m still an anarchist – And I participated in that sort of activism. Activism that I thought would build a unified community. I saw a lack of concern or care when this happened; No one took to the streets and no one confronted the police. So I went to Ferguson for a couple of days and I saw what was happening down there. I saw the military presence, I saw the white power militias backing the police like they were one family, and I saw the genuine hurt and rage in that community. And that affected me.

    I went back to Kansas City and I thought, I need to bring awareness of what’s happening to people in other communities because it’s happening in our community too, it’s just not getting to the news. Police kill poor and Black people everywhere. So I thought the best way to get attention for that was to cause a stir. I took two Molotov cocktails and threw them into the congressional building of our local congressman. I let it be known this is a solidarity act with those that are fighting down the road in Ferguson and I ended up getting 10 years in federal prison for throwing those bottles.

    Mansa Musa:  Right. Recently, I read where Dr. King said that we’re obligated to respect just laws but we also have a right to protest against unjust laws by any means that we deem necessary. So we recognized at that point, that it was an all-out war, as it is now, it’s an all-out war on poor, Indigenous, Black, and oppressed people. And your act merited 10 years as far as they thought, but if you went down to the nation’s capital with Molotov cocktails – Because remember, they found Molotov cocktails down in the nation’s capital – You’d have gotten five years or you’d have got a congressional medal of honor for being a part of that attempt to overthrow this country.

    Let’s unpack some of the political prisoners and some of the stories. I recall that I was in constant correspondence with Jalil Muntaqim and Sundiata Acoli back in the 70s. We used to organize and take the problem with the prisons to the United Nations. They were organizing all the prisons throughout the US. Our collective, the collective that we had in the Maryland penitentiary, took on the mantle to organize a protest with everybody around the country and the world, simultaneously. We had a designated date. I was responsible for corresponding with Jalil and Sundiata. After that was over, back in the 80s, they were bringing a law withhold; They were transporting it from one point of the country to another point. And Jalil had written me and told me that a comrade was coming to Baltimore, that she might need some help because they sent her to the woman’s detention center.

    So I did what I was supposed to do: I had somebody reach out to her and let her know if she needed something. To fast-forward the story, when me and Eddie were locked up in the institution he said, I’m going on a visit and I’m going to see… I said, who are you going to see? He said I’m going to see Laura Whitehorn. I said, I know her. He said, well, how do you know her? Now I’m telling him about the story I just told y’all. And so we went down there and he told us, oh yeah, I know that comrade. Fast-forward, all of us were out and had the ability to be out. Eddie had a thing called Eddie’s Front Porch where we used to come together with Laura, and different comrades. When you interviewed Laura – Now she’s out doing some remarkable work up in New York – What was your takeaway, Josh?

    Eric King:  Josh, real quick. What you just said, that story is the exact reason why I wanted to make this book. That history, that’s priceless and it’s so empowering. Josh, go ahead. Sorry, I didn’t mean to interrupt you. My bad.

    Mansa Musa:  No, you’re good. You’re good.

    Josh Davidson:  Yeah, no, no, you’re good. Laura Whitehorn is an amazing person. She did, I don’t know, 20 years related to the resistance conspiracy case starting in the 1980s. And she helped co-found RAPP, Release Aging People in Prison. I had met Laura a few times before, especially working to get a lot of the elder political prisoners in New York out, like Jalil Muntaqim – Who you mentioned – David Gilbert, Herman Bell, Seth Hayes, so many of them that RAPP helped to get out. And also running into Laura and Susie at Red Emma’s with Paul Coates and then Eddie Conway over the years.

    Laura’s a great one to bring up as an example because she’s so vibrant, so full of stories of radical history, and she’s such a tiny, small person, but she’s so full of love and anger at a system that is endlessly horrible to people across the world. She also does a great job of bringing humanity into the prison system. She talks about protesting on the Baltimore jail roof and communicating with people out on the street. She talks about doing AIDS work with other political prisoners around the country in the 80s. And she hasn’t stopped doing that work. She was involved while they were underground –

    Mansa Musa:  Yeah, that’s the good thing. Eric, you are working in the law office right now. And that’s the thing about this book, the impact that political prisons have. Huey Newton – And we were talking about this off camera – Wrote an essay called To Die for the People. In his essay, he talks about how when people are in prison, you have two types of prisoners. He identified two types of prisoners: Prisoners that become politicized or are already political when they go in. But they all become politicized while they’re in. Then he talked about prison, he identified it as illegitimate capitalists that hold on to the idea of getting money or having some prominence under the capitalist ideal.

    At any rate, he’s saying that the goal of prison is to change a person’s thinking. It’s not effective in any of that. Eric, talk about your experience and how some of the people that you ran across in the system were politicizing other prisons and how the presence of you and other prisoners had an impact on that environment. Talk about that.

    Eric King:  So real talk, most of the time I did, I didn’t have the privilege of running across other consciously-minded people. It was difficult because we want to make a difference and we want to fight against this system inside. You do have to put in a lot of patient work. You have to have a lot of hard discussions to get people to understand that sometimes what they’re doing inside is furthering the system. It’s empowering the system, it’s not empowering ourselves. We’re giving them bullets to shoot us with when we do some of this shit as opposed to trying to tear down these walls.

    So I did have the chance to help radicalize a few people. I saw solidarity inside a lot of times where we were able to build relationships and then ride with each other against the system; Whether it be hunger strikes, barricades, or taking the team over something. I also got to meet a lot of people from different backgrounds that in the free world I probably wouldn’t have met: A lot of people from Baltimore, DC, and then a lot of Jihadi folks.

    Getting to know other people’s stories, getting to know their lives, their passions, and hopes and dreams, helps me be a better activist. Now we can ride together as people, as opposed to I’m a political prisoner and you’re a drug dealer. Now we can ride together on a common cause. We’re just two men inside fighting for our freedom. So I didn’t get a chance to meet as many… I don’t think there are as many inside anymore as there were in the 70s and 80s. But I got to meet a lot of great people, have a lot of great discussions, and hopefully uplift their consciousness and help people move forward.

    Mansa Musa:  And that’s what I was talking about is –

    Eric King:  Oh, here we go.

    Mansa Musa:  – Your impact on… Because that’s the narrative of the book. The narrative of the book is you lock people up. Fred Hampton said you can kill a revolutionary but you can’t kill a revolution. You can’t kill the spirit of the revolution but you can kill a revolutionary. But that’s what you had talked about: Your impact on people. When you come in contact with people, that it’s your consciousness, your ideology, and your perspective of what the system is.

    And educating people on understanding that you have the prison-industrial complex and you’ve got slave labor. Why are we not getting living wages? Living in prison doesn’t mean that we’re not entitled to living wages. Then that got people to start looking in prison to start identifying and looking at the conditions through a different lens. But they started looking at it from a different lens because of us and the people that were in [prison]. Back to you, Josh. What do you want the people to take away from these stories and this work?

    Josh Davidson:  That’s a great question, Mansa Musa. If nothing else, I hope that this book arms the spirit. I hope that activists, organizers, and people in prison read this book.

    Eric King:  Arms the spirit.

    Josh Davidson:  Yes. And that’s another throwback to the 70s and the 80s –

    Eric King:  The book.

    Josh Davidson:  – Movement thing. But yeah, I hope that people read this book and learn that there aren’t monsters behind the walls. There are people fighting back against an unjust system that, not only do they not deserve to be there, but we can learn from them, with them, and we can grow together and we can make our movements stronger together. You brought up the structure of the book and how it talks about prison life and politics and prison dynamics and then looking forward, and I did that in a way to make it easier to maneuver and to read through the book. But I also based it on prison visits, visiting all of these elders throughout the years, learning from them, learning the history that they have, and how involved they can be in current movements too.

    Mansa Musa:  Right. That’s a good way to articulate that. Making the observation that when you talk about revolutionaries and political prisoners, we have humanity like everybody else and oftentimes it’s not expressed, it’s not being written about. We are in an artist-type situation, we’re in a struggle. Eric, you found yourself in ADX and isolated in the cell when they brought these three racists in there and they tried to do some unconscionable thing to your body. And you don’t have a choice of being able to say, what am I going to do? Fight and die? Like Claude McKay said, back pressed against the wall, dying, but fighting back. But your book shows the humanity of political prisoners and revolutionaries and that’s something that we need to emphasize more. Eric, what do you want our audience to know about you and the people that you left behind?

    Eric King:  So when you say the people that I left behind, I’m going to talk about the men at ADX.

    Mansa Musa:  Okay, come on.

    Eric King:  I feel as if the abolition community has forgotten about the Supermax folks. There are people locked down right now who have been locked down for 10, 15, and 20 years at ADX, and a lot of them will never touch their family members again; A lot of them will never touch their wives or hold their kids. Some of them aren’t allowed phone calls, they’re not allowed visits, they’re not allowed mail. That restriction is so brutal that it can rip your heart out. But what I saw meeting these men is that resistance, that fire, is still there. There’s a bro I left, his name is Shaheed, and he’s from DC. He was one of Silk’s homies out there, Wayne Perry. And Wayne Perry also, honestly. But this dude’s been at ADX for 16 years – He’s only 39, so that’s almost half his life. He’s in 24-hour lockdown. And the reason he is locked down is because he refused to bend a knee to these pigs.

    So the resistance, the revolutionary spirit doesn’t go away. He still reads Free Minds every day: That organization from DC that sends in magazines. These people still care, still have hearts, still have passions, still have hobbies, and still have joys. We need to see that the prison system tries to take that away; Prison tries to crush these people. And it’s on us, it’s on the abolition movement, to say we’re not going to give the government that power. We’re not going to let you bury our brothers and sisters for decades. And we need to rise up and try to stand with these people, stand with everybody that’s resisting the system.

    Mansa Musa:  Thank you. Yeah, there you have it. The Real News and Rattling the Bars. Eric King and Josh Davidson, thank you for joining me. We encourage our viewers and our listeners to reach out to the political prisoners throughout the country and try to get a better understanding of what’s going on with people who are in prison only because of their ideas. We found ourselves in this country in a time where what you thought would get you locked up. This is taking place today. We thank y’all for coming. Continue to support The Real News and Rattling the Bars because guess what? We really are the news. Thank you.

    This post was originally published on The Real News Network.

  • The system of mass incarceration in the US offers few second chances to prisoners, and Maryland is no exception. As The Real News has previously reported, the state’s parole system puts incarcerated people at the mercy of an inefficient, capricious process that is unlikely to deliver a speedy release for many. Now, a new bill in the Maryland legislature could create new pathways to freedom for prisoners who’ve served 20 years or more behind bars. Alonzo Turner Bey and Desmond Haneef Perry of the MD Second Look Coalition join Rattling the Bars to discuss the Second Look Act (SB123).

    Additional links:

    Studio / Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to this edition of Rattling the Bars: A podcast that amplifies the voices of people who are disenfranchised, marginalized, and subjugated while offering solutions. I’m your host, Mansa Musa. Maryland is currently in its legislative session and today, we are discussing two important bills proposed by the Second Look Coalition, which focuses on sentencing reform. Joining me to discuss these, are two formerly-incarcerated organizers from the coalition, Desmond Haneef Perry and Alonzo Turner-Bey. Thank you for joining me.

    Desmond Haneef Perry:

    All right. Thank you for having me, bro.

    Alonzo Turner-Bey:

    All right. Thanks.

    Mansa Musa:

    All right. Let’s educate our audience on the legislative process. So the legislative session in the state of Maryland has convened and it’s in the process of looking at a series of bills around the interest of the state. What’s of interest to the Second Loop Coalition is specific bills as it relates to men and women that are incarcerated. One bill in particular that the Second Look Coalition is sponsoring and trying to get people to become more aware of is Senate Bill 123. All right. Haneef, first, tell us a little bit about yourself.

    Desmond Haneef Perry:

    All right. Thank you for having me on here, bro. My name is Desmond Haneef Perry. I’ve been home now, out of the division of corrections, for almost two years. I came home back in May of 2022. I was incarcerated when I was 18, and I did a total of 20 years and 78 days. I was a lifer — I had life plus 15 years. I successfully won a post-conviction so that’s how I was able to obtain my freedom, but also because of something that we’re going to talk about when we get into talking about the bill.

    And talking about the significance of the Second Look bill, I’m from Prince George’s County originally, and because I was convicted and sentenced in Prince George’s County, I would say it’s that I had the benefit to have Aisha Braveboy as my state’s attorney. Her program that they have right now, the Sentencing and Conviction Integrity Unit was also a means that I benefited from to be able to get out and it’s somewhat connected to what we’re talking about here today. I’ll go on a little bit more about that, but I am also a forensic peer specialist right now. Since I’ve been home, I’m so humbled to have opportunities like this to be able to speak to the public, share my story and my experience, and also the things that I’m advocating for, like this particular bill right here.

    I’m a forensic peer specialist with the Maryland Office of the Public Defender. I’m also the co-founder of a reentry nonprofit organization called Rectify, which is focused on trauma-informed peer support and clinical case management, helping individuals return home equitably, and being treated with decency and given the things that they need. So that’s what we’re doing now.

    Mansa Musa:

    Okay. Turner-Bey, before we unpack this bill, tell our audience a little bit about yourself.

    Alonzo Turner-Bey:

    My name is Alonzo Turner-Bey. I was arrested and convicted with a charge of a homicide when I was 17 years old. I was serving a sentence of life plus 5 years at 17 years old. I served 31 years, 6 months, 15 days, and 5 hours. I was released on parole on October 16, 2020 after serving over 31 years. Since I’ve been out, I’m a certified peer recovery specialist for a local county agency and I volunteer with a nonprofit organization called F.R.E.S.H, Fully Restoring Every Sons Hope. We go around the country teaching our youths about knowing their rights and how to interact with law enforcement in a manner where everybody can walk away with their life, safe, and — What’s the name — Teach them about their Fourth Amendment, Fifth Amendment, Sixth Amendment rights. We also feed the homeless.

    We work with men and women who come home from prison and help them get reacclimated. Right now, we currently are doing a clothing drive for a nonprofit organization called Momma’s Safe Haven, where we are collecting clothes for women and children ’cause they work with battered women who leave their situation with nothing — They leave with the kids, they get up in the middle of the night, and they roll. So we’re trying to make sure that these women got clothes for going on job interviews and these children got clothes so they can go to school. We’re trying to help the women get back. One thing you know like me, Mansa Musa, for women who are in our situation, in prison or have been in prison, they don’t get as much attention and focus as the men do. So at Fully Restoring Every Sons Hope, we want to help the sisters out as much as we can. So we’re working with this battered women’s organization and we’re trying to provide some clothes to these women and these children and the everyday things they need.

    Mansa Musa:

    Okay. This opens the door for the conversation about the bill. We recognize that the women that’s incarcerated, in the state of Maryland in particular and the country general, don’t get treated nowhere near the treatment that men get. And if men get mistreated, then what’s that say about what women are getting? Today we’re looking at the legislative session being convened and we are looking at a bill that the Second Look Coalition is endorsing and sponsoring. It’s Senate Bill 123. All right. Haneef, explain what Senate Bill 123 is for the benefit of our audience.

    Desmond Haneef Perry:

    Thank you. In a nutshell to keep it quite simple, Senate Bill 123 is our version of what we call a Second Look bill. This bill for the state of Maryland is a bill that would grant an individual the opportunity to come back for a relook at their sentence after the individual has served 20 years of incarceration. This bill doesn’t discriminate in gender, this bill doesn’t discriminate in age, nor does this bill discriminate in offenses of any type. One of the things that we emphasize with this bill… We’re saying that if an individual has served 20 years of incarceration and that person has demonstrated that they deserve a second chance, that they have reformed, that they have done all of the things that they could possibly do — They’ve went to school, got an education, college degrees, they’ve completed all types of cognitive behavioral programming, they’ve been somewhat of a model inmate in regards to their infraction record, and they held jobs — They’ve demonstrated throughout the 20 years that they have changed, that they’ve gained the remorse and empathy that we all are looking for in such tragic crimes, that this individual should be given a second look.

    His or her case now should come up before a judge and they should be given an opportunity to look at that individual and determine whether they want to reduce that individual’s sentence and give this individual a second chance. Again, we’re saying this is the second chance for all in the state of Maryland. We want the public to be aware that there are some other bills that are advocating for something similar to what we’re advocating for, however, these bills are not for everyone. One of them is focused on geriatric individuals, individuals who are 68 years old and above. Another bill is focused on giving the prosecutors the ability to bring these individuals back up. We know that can be problematic if we don’t have a complete bill that is saying, hey, look, it’s simple: 20 years or better with a great institutional record, 20 years or better demonstrating that they have reformed and gone above and beyond, then this individual should come back up.

    We should be looking at their cases and reexamining it not from the perspective of the offense and the crime, because that’s one of the things that can’t change. That’s something that we like to elaborate on and talk about is that we cannot revisit that person’s offense and say, well, because of the nature of the offense or because of the offense that took place, now we’re looking at all of the good that the person has done, this man or woman has done, and we’re going to say, well, because of that, it outweighs their good, as if they’re irredeemable. It’s something that we feel like, man, it shouldn’t be done. But basically in a nutshell, this particular bill is that it’s a second chance for all; 20 years of better, a person should be able to come back up for a relook at their sentence.

    Mansa Musa:

    Turner-Bey, as Haneef just outlined, it’s a bill for all. Okay, we recognize that, and we recognize that it’s all hinged on if a person has a significant amount of time they have served. I was looking at the bill — Unpack this bill, if you can, about some of the factors they’re going to take into account in assessing once the person has filed a petition with the court to get a modification or to get their sentence free. Turner-Bey, talk about some of the things that the court is going to be looking at in terms of making their determination. So that it won’t just look like, well, a person did 30 years or a person did 20 years, filed a petition, said they’ve been doing good, and ain’t got no tickets. Okay, that’s all good. Now they get out. Is that the gist of it, or is it going to be a more in-depth analysis on the part of the court, Turner-Bey?

    Alonzo Turner-Bey:

    It’s going to be a more in-depth analysis. Let’s get this understood; We’re talking about a person who’s doing 20 years day for day, not including good days. 20 years day for day. When they came into incarceration, they got their GED, they may have went to anger management, they went to Thinking For a Change, they’ve been to all of these programs that aid in the system in becoming a better individual — They went to school, they have veiled their self to every opportunity. They have worked, they have changed. We’re going to look at their family. When a person puts a petition to a court, let’s get this clear, it is not a guarantee that you’re going to be released.

    Desmond Haneef Perry:

    I forgot to add that.

    Alonzo Turner-Bey:

    This bill does not give a guarantee release. All it says is you’ll be given the opportunity to present your case before a judicial body. A judge can say, okay. Right now, you’re serving life plus 20 years. You’ve been locked up since you were 18. Okay, we’re going to take and cut your life to 50 years. Then you may go for parole in another 10 years. So it’s not guaranteed that you’re going to be released. The judge can cut your sentence to a point where you don’t have life. You can have 50 years. You can have 60 years. He can reduce your sentence based upon how he looked at your record. Victims will be notified in this case, so it’s not —

    Mansa Musa:

    Yeah, talk about that.

    Alonzo Turner-Bey:

    — This bill does, in fact, have victim notification in it. If you have a crime or a case where there is a victim, the victim will be notified by the state’s attorney’s office and will be informed that you have petitioned the court and you have ask the court for a reduction of sentence. And the victim or the victim’s family or representatives will be given an opportunity to appear before this court and say what they want to say. Whether they are for it or they’re against it, they will be given an opportunity.

    Mansa Musa:

    Let me ask you this, Turner-Bey, then Haneef, you can weigh in on too. Okay, I’m going to push him back. In the Maryland prison system, we’re talking about introducing a bill that says if you serve 20 years that you have a right to petition the court to have your sentence reviewed. I served 20 years, I’m eligible for parole. Why do I need a law to say in addition to this, I served 20 years, I got a right to modification when I first come into the system. When you juxtapose these things to what you’re talking about with this bill, how do these things gel, Turner-Bey? Because I’m seeing they do have, in the state of Maryland, different situations where a person can gain relief post-conviction. Haneef just talked about he filed post-conviction and got released. So why do we need another law or bill to come out and say, yeah, well, we going to give you preferential treatment?

    Alonzo Turner-Bey:

    No, let’s get it understood. We are not saying a right, you don’t have a right. We’re saying we are giving you an opportunity. Parole is an opportunity to present yourself before two commissioners or two agents to give an opportunity to see if you’re worthy or should be given or granted parole. The first modification that any person get after incarceration, you must be filed within the first five years of your incarceration. If a person is serving a sentence of life in prison, there’s no judge on the face of the earth after your first five years of incarceration, that is going to give you some type of relief or modification. Why? Because you have not demonstrated before that court that you are not the same person you were five years ago. They want you to do some time for the crime that you have committed. So we have come to the conclusion that 20 years day for day, not including diminishing credit, 20 years from the date of your arrest all the way up to now, then you become eligible. This is not a right, you become eligible.

    It’s not guaranteed that you will be released. We look at 20 years because we’re saying that after being incarcerated 20 years, if a person goes in prison and does everything that he or she is supposed to do to aid and assist in their rehabilitation process, their changing of their mindset, their thought process, and educate their self, after 20 years, this person should not be the same person they were when they came to prison regardless of what their age is. This is not a guarantee. It only presents the court with an opportunity to consider and weigh in all of the factors and then making a decision from a judicial process and saying, hey, this person may deserve an opportunity but I ain’t going to give them the complete opportunity today. So what I’m going to do is I’m going to reduce your sentence. You’re serving life with parole, well, I’m going to reduce it to maybe 50 years.

    Mansa Musa:

    Okay. Okay.

    Alonzo Turner-Bey:

    So over 50 years you go back up and see the parole board and then the parole board may make a determination and say, hey, come back in three years. Come back in five years. It’s not a guarantee —

    Mansa Musa:

    All right. Haneef, come on.

    Desmond Haneef Perry:

    — Go ahead.

    Mansa Musa:

    Let me ask you this then you can go ahead and say that.

    Desmond Haneef Perry:

    Go ahead. Yes, sir.

    Mansa Musa:

    Okay. Why do you think this bill is important in terms of the mindset of the prison population in the state of Maryland? What do you think this bill represents for them?

    Desmond Haneef Perry:

    I believe first and foremost, this bill represents hope, and that’s something that we have to continue to give individuals who are incarcerated. Me coming from that setting… First let me say it like this because Turner-Bey touched on some things that I want to piggyback off of before I go into this. But it definitely represents hope, and this is the reason why. For those in the public who may be wondering, why are we pushing for this? Because there are other mechanisms set up for an individual, as we currently speak, to be able to petition the court to come back for some type of reduction, modification, or review of sentence. There’s no doubt about that. However, when a person has done a substantial amount of time, you end up exhausting all of those remedies, sometime before 20 years.

    You’re exhausting all those remedies because everything has a time limit and a deadline that you have to get those things in. Just like Turner-Bey talked about, if you have the right or ability to file a modification of sentence in the state of Maryland, but there’s a five-year cap on it, then what? That means you get to that five years and there’s a possibility that you go up for that modification you’re not going to get it because you didn’t have enough time to demonstrate that you have reformed or that you have changed. That’s a significant thing. The number is very significant. A person may look at it like, okay, it’s 20 years. Some people may look at that and diminish that, but 20 years in reality as we know, that’s a generation. 20 years is a generation, we’re talking about a person who has been incarcerated for an entire generation of their life.

    That’s key that we point that out. And that this mechanism would be a mechanism that will give individuals hope. One of the things that we don’t want to do with our individuals who are incarcerated is take away that hope. Right now, the US — And Maryland as being one state in part as we know — Incarcerates more people than anyone else on the face of this earth. Let alone that, as we now have determined, the Office of the Attorney General and the Office of the Public Defender have come together because the numbers in the state of Maryland are out of this world. It’s unacceptable that we make up 29%, 30%, or some say 31% of the population in this state, but we lock up 71%. You know what I’m saying? That doesn’t make sense.

    Mansa Musa:

    That math is crazy.

    Desmond Haneef Perry:

    That doesn’t make sense. That math is crazy and that’s not even talking about the math for the entire country. So when we’re talking about this right here and this particular bill, this bill does a lot. It gives individuals who are incarcerated something to work for, something to strive for. Like myself, for example. There’s no doubt about it, man, that had not these two things happened by the permission of God, I would not be sitting here right now talking to you. For one, I had a post-conviction and my post-conviction was denied. First and foremost, my post-conviction was denied. I filed an application for leave to appeal and the higher courts overturned my case and then the lower court granted me post-conviction relief.

    The prosecutors, even after that, wanted to retry me and reconvict me again even after the higher court said, no, there was an egregious prosecutory misconduct issue here. Constitutional right was violated of this young man and you need to correct that. However, the prosecutor still wanted to prosecute me; that particular assistant state’s attorney at that time. Had it not been for something that… The only thing going on in the state of Maryland right now is that Aisha Braveboy and her team put together a Sentencing and Conviction Integrity Unit, which is similar but not quite the same to what we’re talking about right now. What they did was they put together a unit that would go and look at the individual’s constitutional record and look at how long they’ve been locked up and seeing what they have done to determine whether they would want to give them that second chance.

    Mansa Musa:

    You outlined your situation and how much time and what you’ve done, but put on top of that, you’ve done over 20 years. So the reality is that you’re demonstrating what this bill is representing, you and Turner-Bey are proof positive of that. Even if we take out of the equation the post-conviction, if we take out of the equation that Turner-Bey got relief, even we take that out the equation how I got relief, and put into the equation a 20-year cap or opportunity for men and women to petition the court to look at me and look at my circumstances and see if I’m worthy to be released. Turner-Bey?

    Alonzo Turner-Bey:

    Yes.

    Mansa Musa:

    Talk about how you see this bill going forward. Because you got your ear to the ground. How do you see this bill going forward? What are y’all saying?

    Alonzo Turner-Bey:

    This bill is imperative. We’ve got to look at this. As a whole, people of African descent make up less than 30% of the population in Maryland, but we make up 78% of the prison population. The JRA does not affect anybody who comes to prison at 18.

    Mansa Musa:

    For our audience, what’s the JRA, if they don’t know the acronym?

    Alonzo Turner-Bey:

    The Juvenile Restoration Act is a bill that passed in 2021 for individuals who are under the age of 18 and are serving long sentences. After 20 years in prison, they can come back, petition the court ,and ask to have their sentences reviewed. This is the exact same thing but for those who are 18 years and older. There are individuals that I know — Just like you know, Mansa Musa — Who came to prison two days, three days, or a week after their 18 birthday. So they missed the Juvenile Restoration Act. They have been in prison for 30, 40, or even 50 years, as first-time offenders. The bar ain’t set low, the bar set high in this bill. The bar is set high, but if you meet this and you have done everything that you’re supposed to do, we are saying that this bill will allow you the opportunity to present your case to a judicial body, to a sitting judge, and have the judge review your case and make a deciding factor in writing on why they’re going to give you some relief, and they’re going to spell it all out.

    The average person is not just going to be released. You’re going to be given some parole, some probation. You’re going to have some restrictions that you’re going to have to do. There’s a lot, it’s not an immediate answer. Some people won’t get a relief, they may get a reduction, but some people may get turned down. So let’s look at all of the ramifications. This is not an opening of the valve, but the Maryland prison system need this because we’re behind Mississippi and Alabama when it comes to locking up people of African descent. As small as Maryland is, we are behind Mississippi and Alabama, so this is imperative.

    Mansa Musa:

    Listen, all of us been in that system. All of us been in that system when they locked it down. All of us been in that system where they had no program. All of us been in that system where we had to create our own program. Haneef, going forward, how do you look at the bill? What is the Second Chance Coalition advocating? How people can support the effort of trying to get some support and more importantly, get the legislative body in Maryland to be receptive to voting? I think today they had a hearing on it to get people receptive on passing this bill.

    Desmond Haneef Perry:

    First and foremost, everyone, whoever is listening to this, and if you’re interested in learning more about it, you can go to the Maryland Second Look Coalition’s website. On there you can see more about the bill. Secondly, if you would like to, after you have read it, if you agree with it, and if you heard something today that we’ve said that you agree with, then the next step is to reach out to your representative. The next step is to reach out to the senator, delegate, or congressman or woman in your district. Reach out to them and let them know that you want them to support this bill, that you are asking them to support this bill. Make that phone call. It’s very simple, it’s very easy. You can look it up and find out who in your district is the person that you need to go to no matter where you are in the state of Maryland, and you can ask and request they support the House bill for the Second Look Act and the Senate bill for the Second Look Act.

    Mansa Musa:

    Turner-Bey, as we close out, I saw in the bill where they talk about the role of the state’s attorney and the prosecutor. It has in there that the prosecutor can either agree with the request or disagree with the request. But you have a relationship when you get out, you build a network and you build a relationship with the prosecutor’s office. Let it be known so they can be aware of the importance that you have, in terms of helping people, and more importantly, to be able to give other people coming behind you the opportunity to see that they got the same rights that you got. Talk about how you think that’s going to play out, mainly in PG County or the state of Maryland in general. How do you think the prosecutors are looking at this bill?

    Alonzo Turner-Bey:

    Every prosecutor is looking at this bill. Every prosecutor is looking at it because let’s be real, the prosecutors get a say. This bill makes sure that the prosecutor gets a say. Some prosecutors are going to say no to some cases. Some prosecutors may say yeah to some cases. Some prosecutors may have an offensive mindset because they want stipulations with the reduction of sentence. All of that is welcome.

    Mansa Musa:

    Facts.

    Alonzo Turner-Bey:

    Now, nobody is left out. You got a judge, you’ve got victims right advocates, you have the prosecutor, and you have the defendant and his counsel. This is imperative because in my case, Honorable Aisha Braveboy out of Prince George’s County, she sent a letter to the governor and to the parole commission on my behalf. I was the second person that she stood up for and sent letters on their behalf and said she did not oppose my release. Even my trial judge who had retired from Maryland Court of Special Appeals, he came back, because during my trial he called me everything but the child of God, but after he seen everything I’d done in prison and talked to some people, he said, this is not the same person he was at 17, and as his trial judge, I believe he deserves a second chance. So second chances are imperative. Even for us who are believers in God. If you read Acts 9, God gave Saul who later became Paul, a second chance.

    Desmond Haneef Perry:

    That’s right.

    Mansa Musa:

    All right. I heard that.

    Alonzo Turner-Bey:

    I think all of us should look at this bill, and contact our legislators, our state delegates, and our state senators. Call them. Ask them where do they stand on this bill? Explain to them why you think they should support it, and what are your opinions and your views. You don’t have to always have somebody in your family incarcerated to support this, you can believe that we deserve second chances after serving a long, extended period of incarceration. So we ask that the audience educate themselves on this bill and then come forward and let us know your decision.

    Mansa Musa:

    Haneef?

    Desmond Haneef Perry:

    This is connected to the humanity of the people, what Turner-Bey is talking about right now. This is something that I’d like to add is that we’re talking about humanity right now. We’re talking about us being human beings when you’re talking about second chances. Every one of us forgets, every one of us makes mistakes. Just like the brother said from a religious perspective, spiritual perspective, every last one of us sins. So it’s no doubt about it, man, that when we have fallen in a situation where we have made a mistake, we want someone to forgive us and get that second chance. So it’s important that we look at this from a human perspective as well. But I want to say quickly — I wanted to make sure that I added this — Is that we already had the oral testimony done for Senate Bill 123 on the Second Look. You can look it up on YouTube. If you go to YouTube and look up the judicial committees hearings, you can find the testimony and you’ll see —

    Mansa Musa:

    That’s Maryland Judicial Hearings.

    Desmond Haneef Perry:

    — Maryland Judicial Hearings. And you’ll see, for everyone in Baltimore, that Ivan Bates on record said he supports this bill.

    Mansa Musa:

    Okay. Ivan Bates is the state’s attorney for Baltimore City.

    Desmond Haneef Perry:

    Ivan Bates is the state’s attorney for Baltimore City. You will see on record that Aisha Braveboy from Prince George’s County says she supports this bill. So we have prosecutors, individuals who are basically saturated with the responsibility of defending the public and being the representatives and attorneys for the public and victims of crime, they support this bill. Because it is comprehensive legislation of this crisis that we’re living in right now of mass incarceration, especially of Black and Brown people. So the bill is Senate Bill SB 123 and House Bill 724. We have two great sponsors for this bill and I make sure that I put their names out there —

    Mansa Musa:

    Go on and put their names out there.

    Desmond Haneef Perry:

    — Because they are doing wonderful work. That is Senator Jill Carter. She is sponsoring the bill from the Senate. And this is the amazing Delegate Cheryl Pasteur. She has sponsored this bill from the House. We are getting great traction and great support with this bill from the public because from a human perspective, everyone understands that a person deserves a second chance. We should be doing that right now for our individuals who are incarcerated in the state of Maryland who have demonstrated that they deserve that second chance — Not because we’re saying we simply want to give it to them. No. As Turner-Bey pointed out, we’re saying because they have demonstrated themselves that they are worthy or deserving of that.

    Alonzo Turner-Bey:

    We’re asking for them to give the opportunity. No guarantee, only an opportunity.

    Desmond Haneef Perry:

    That’s right.

    Mansa Musa:

    Okay. I appreciate both of you brothers for coming in. In the 20 years and 30 years that we talk about, we did a lot of that time together in the most arduous, inhumane conditions. So the fact that we are here advocating for change and advocating for change in a manner such as getting a bill passed, getting some laws passed, and letting our brothers and sisters that’s left behind that we’re trying to create a mechanism where they can have some hope and that your record is going to be what gets you out. Your record got you in and your record is going to get you out. Thank y’all. Thank y’all for joining me today.

    Alonzo Turner-Bey:

    I appreciate y’all, bro.

    Desmond Haneef Perry:

    Please visit the website. Visit the website marylandsecondlook.com, marylandsecondlook.com, www.mdsecondlook.com. Visit the website and you’ll see all of it on there.

    Mansa Musa:

    Thank y’all for joining me.

    Desmond Haneef Perry:

    Thank you.

    Alonzo Turner-Bey:

    Appreciate y’all two brothers, man.

    Desmond Haneef Perry:

    Appreciate you, brother.

    This post was originally published on The Real News Network.

  • A group of current and former prisoners have sued the state of Alabama with the support of two unions who have signed on as co-plaintiffs, the Union of Southern Service Workers, and the Retail, Wholesale and Department Store Union. The lawsuit claims that Alabama’s system of prison labor amounts to a “modern-day form of slavery” that generates massive profits for private businesses and revenues for the state by forcing incarcerated people to work for little or no pay. Jacob Morrison and Adam Keller join Rattling the Bars to discuss the lawsuit and the importance of the fight for prisoners’ rights to the overall labor movement.

    Jacob Morrison is a member of the American Federation of Government Employees, and the president of the North Alabama Labor Council. Adam Keller is a member of the International Alliance of Theatrical and Stage Employees Local 900. Together, they host The Valley Labor Report, Alabama’s only union radio talk show.

    Studio / Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to this edition of Rattling the Bars, a show that amplifies the voices of people who are disenfranchised, marginalized and subjugated while offering solutions. I’m your host, Mansa Musa. Today we are talking about the return of convict leasing in the United States, and we are talking about why the labor movement and the prison abolition movement need to unite to fight the exploitation of slave labor in prison. A group of current and former prisons have sued the state of Alabama and two unions, the Union of Southern Service Workers and the Retail, Wholesale and Department Store Union have signed on as Plaintiffs. The suit claim the Alabama system of prison labor is a modern-day form of slavery that forces prisoners to work often for little or no money while generating massive profits and revenue for government agencies and private businesses. I recently spoke with Jacob Morrison and Adam Keller about this issue. Jacob is a member of the American Federation of Government Employees and he is the president of the North Alabama Labor Council.

    Adam is a member of the International Alliance of Theatrical and Stage Employees, Local 900. Together, they host The Valley Labor Report, Alabama’s only union radio talk show. Welcome Adam Keller and Jacob Morris to Rattling the Bars. So recently in the state of Alabama, a lawsuit was filed relative to prison labor, more importantly, to what’s called convict leasing. When you think about a lawsuit, and I come out of this space, I was litigious when I was locked up. I did 48 years, I was real litigious when it came to filing complaints. Normally, you have the Plaintiffs and then you had the Respondent. In all prison civil litigation that I ever dealt with in terms of litigation, the Plaintiffs always have the tendency to be people that are incarcerated or formerly incarcerated. The unique thing about this, and something I want to make our audience aware of, is this particular litigation, the Plaintiffs consisted of formerly-incarcerated, incarcerated individuals and union representatives among other civic and social groups. Two of the representatives in the lawsuit or have knowledge of the lawsuit are my guests today. Let’s start with you, Adam. Give us some background on the lawsuit-

    Adam Keller:

    Sure.

    Mansa Musa:

    … if you can.

    Adam Keller:

    Sure. Yeah. So thank you for having me. I’m a labor union activist, and so that’s the perspective I’m taking into this case. When I first heard about it on the news, I was shocked that convict lease labor, which was supposed to be banned in 1928 was still happening. I knew that there was this kind of exploitation happening in Alabama’s prisons because Alabama’s prison system is itself unconstitutional.

    Mansa Musa:

    Right.

    Adam Keller:

    It is currently under litigation with the Department of Justice-

    Mansa Musa:

    Right.

    Adam Keller:

    Right? For being cruel and inhumane. So I knew it was bad, but you’re exactly right, this lawsuit is interesting because of the combination of forces behind it, right?

    Mansa Musa:

    Right.

    Adam Keller:

    We have the Union of Southern Service Workers, which is an SEIU affiliate alongside the Retail, Wholesale and Department Store Union-

    Mansa Musa:

    Right. Right.

    Adam Keller:

    … RWDSU. Listeners may be familiar with them from the famous campaign in Bessemer at the Amazon warehouse. It’s the same union, RWDSU. so they have a vested interest for a few reasons, including the fact that this incarcerated labor is happening at facilities that they’re trying to organize.

    Mansa Musa:

    Right.

    Adam Keller:

    So the lawsuit, it’s a class action lawsuit, and what is happening here is that the Alabama Department of Corrections, the ADOC, they are operating what is being alleged to be a convict lease system where they lease out incarcerated workers to public sector employers and private sector employers, and across various industries including fast food franchises, auto supply part manufacturers, a Budweiser distributor, the City of Montgomery, the City of Troy, the Alabama Department of Transportation, so all sorts of industries. What’s happening is that the prisoners are being forced to go to work in these scenarios. It’s not just their choice to do so. They’re being coerced through various means-

    Mansa Musa:

    Right.

    Adam Keller:

    … which is described in the lawsuit. When they go to these jobs, they’re being paid less than free-world workers, and if they’re being even paid the legal minimum wage. Even if they are, the Department of Corrections takes 40% off the top. Before taxes, before deductions, before child support, before any restitution, they’re taking 40%. Then they’re charging you fees for every essential service that you use, from transportation to the job, to laundry for the job, you name it, meals, you’re being charged for everything such that if you work $7.25 an hour, 40 hours a week as one of these workers, your “take home pay,” quote, unquote, at the end of the week is less than 90 bucks.

    Mansa Musa:

    Right. Right.

    Adam Keller:

    And so what is also being alleged in this lawsuit that I think is an important angle to it is that because this is such a money maker, estimated to make $450 million just in 2023, it’s such a money maker that there’s a vested interest in keeping people locked up and participating.

    Mansa Musa:

    Right.

    Adam Keller:

    So the lawsuit alleges that this contributes to the lack of parole that’s being granted to eligible prisoners in the state of Alabama. There’s been a huge decline in paroles disproportionately affecting Black prisoners because you are twice as likely to be denied parole if you are Black in the last few years. So there’s a racial component absolutely through this between the folks being denied parole. You’re also more likely to be Black if you are one of these workers involved in this program, so there’s a lot of angles to it. There’s a lot of money being made. If there’s any silver lining, it is the fact that you see civil rights groups and labor unions and incarcerated folks coming together for this common cause because it is an issue that affects everyone.

    Mansa Musa:

    That’s where I want to go, and Jacob talk about that because I want our audience to understand that when we’re talking about this particular litigation, and as Adam outlined, some of the signatories to it happen to be industries within society. So talk about that connection, how in that regard, ’cause if I can go to a produce industry and I’m in a union and it is unionized, and I’m saying, “Okay, I want better work conditions. I want better healthcare,” and you tell me, say, “Well, listen, this is what we going to do. We’re going to say F you and go to one of the 62 or 27 prisons on the state of Alabama and get a lot of labor or cheap or none to nothing.”

    Talk about that, Jacob. How is this connection between some of the signatures, mainly the union aspect of it, so people in society can understand that when we’re talking about one, you’re paying for the prison, your tax dollars are going to holding that up. But now they taking jobs, they’re not taking the job because they saying, “Well, we’re taking jobs.” They’re saying, “We got an alternative to your labor, and our alternative to your labor is slave labor.”

    Jacob Morrison:

    Right. Yeah, that’s exactly right. I think that the connection to unionism is pretty intuitively obvious in that if you have a group of free workers who are trying to organize and then you have a group of essentially slave labor that have… What the prison system in Alabama will come back and they’ll say, “They don’t have to. Nobody is forcing them into this labor program.” There are multiple ways that that’s just not true. The least coercive part of that is that if you don’t go out and take these jobs, you have to stay in the prisons in Alabama, right?

    Mansa Musa:

    Right. Right.

    Jacob Morrison:

    That in and of itself-

    Mansa Musa:

    Right. Right.

    Jacob Morrison:

    … is literally a deadly choice.

    Mansa Musa:

    Right. That’s right.

    Jacob Morrison:

    Alabama’s prison systems are the most dangerous in the entire country as far as I can tell. Like Adam said, they have been deemed unconstitutional multiple times. If you read the reporting in Alabama, there’s a death it seems like almost every day-

    Mansa Musa:

    Yeah, it is. You’re right.

    Jacob Morrison:

    … there’s a new death-

    Mansa Musa:

    That’s right.

    Jacob Morrison:

    … in Alabama’s prisons.

    Mansa Musa:

    That’s right. That’s right.

    Jacob Morrison:

    So just in that the most minimal way, it’s extremely coercive. You have every incentive in the world to get out of these prisons as much as humanly possible. Then the second is that when you get into these programs, the lawsuit alleges that when you don’t participate, even when you are sick and you say, “No, I’m sick, I need to stay in my cell, which I don’t want to be in,” everybody knows that you-

    Mansa Musa:

    Right. Right. Right.

    Jacob Morrison:

    … don’t want to be there in your cell.

    Mansa Musa:

    Right. Right.

    Jacob Morrison:

    “But I need to be for my own health and also for the public’s help, because these prison laborers are being used in industries that you might not immediately think.” You think automotive industry, that sounds strange, but I guess I can wrap my head around it. When you think prison labor, you think chain gangs and-

    Mansa Musa:

    Right. Right. Right.

    Jacob Morrison:

    … picking rocks and stuff.

    Mansa Musa:

    Right.

    Jacob Morrison:

    They’ve also got people working at Wendy’s, right?

    Mansa Musa:

    Right. Right.

    Jacob Morrison:

    So I don’t want sick people handling my food just in general, and they’re being punished not just with, you have to stay at the prison, but there are people being punished with solitary confinement, the lawsuit alleges. So that’s extremely coercive. So going back to the union issue, if you’ve got a group of people that are there in such coercive conditions, I think all of us here recognize that there’s a certain amount of coercion inherent in capitalism, but there are degrees, right?

    Mansa Musa:

    Right.

    Jacob Morrison:

    The degree to which a prisoner is coerced to go take these shifts is much higher than the rest of us. So it’s that much more difficult for them to stand in solidarity with other people that are organizing. In fact, I didn’t even realize this, Adam said that it’s downright illegal for prisoners to join the unions in their workplaces where they exist.

    Mansa Musa:

    Oh, yeah. Yeah. Yeah.

    Jacob Morrison:

    So this huge self-interest outside of, this is wrong morally, obviously, but there’s a huge self-interest for the labor movement to say, “Look, this system is broken. It’s immoral. It’s not good for us, and it’s not even good for the prisoners. There are important things that we can do, and we should be doing to rehabilitate people and give them skills while they’re in prisons to the extent that we have to have them and to what extent that is, we can also talk about that.”

    Mansa Musa:

    Right.

    Jacob Morrison:

    But there should be obviously rehabilitation programs, but the way that these are structured are not that. They’re moneymaking schemes for the state and they are undercutting free labor. One last thing, and I’ll kick it back over to you and Adam, but everybody can see the parallels to the convict lease system that arose immediately after the fall of Reconstruction in the Deep South. They called it Redemption. I’ve been reading a book recently about the unionism in the coal mines among Black and white coal miners. It’s so interesting the parallels not only in the dynamics, but in how the unions were fighting against convict leasing all the way back then.

    You had as far back as the 1870s Black and white coal miners with first the Greenback Labor Party, then the Knights of Labor, and finally the United Mine Workers in various forms affiliated and disaffiliated with the national organization fighting against convict leasing on moral and practical terms on an interracial basis. To see that happening again in almost exactly the same words is there’s a certain inspiration in that working people are… it’s not just that people have had a sudden moral revelation that all… There are people that have been saying this in Alabama. Alabamians have been saying stuff like this is bad for literally over 100 years.

    Mansa Musa:

    Right.

    Jacob Morrison:

    But then there’s also the bleakness of the fact that we have been having to say that for over 100 years.

    Mansa Musa:

    That’s a good observation because when you look at prison labor, and when you look at it from the perspective that you just outlined how I’m using this, I got an alternative to giving people a livable wage, to giving people healthcare, to giving people a safe workplace, I got an alternative there. Well, look at my alternative. My alternative is I can go get some convicts.

    Jacob Morrison:

    Right.

    Mansa Musa:

    More importantly, I can go get Black convicts, I can go get Indigenous convicts. I can go get them and tell them that unless they work, they’re going to be in solitary confinement. Now, the alternative to solitary confinement is you go work, but where you going to go work? You going to work in the coal mine? So then you going to work in the coal mine, you going to work ungodly hours, and anything you say about the work conditions, I’m going to replace you with somebody else that’s there ’cause I got endless labor. Now, when it comes down to what you just outlined, Jacob, when it comes to the people in society saying that, “Listen, you taking my job,” not the prisoner taking my job, but the system capitalism, “You’re taking my job and you’re taking my job because you don’t want to give me a livable wage.” Therein, is the sickness of this whole system.

    But Adam, talk about where the state falls in on this because I was looking at the background and okay, you got the governor and I think you say you got 67 counties in the state of Alabama, so everybody’s getting free prison labor. They complicit to it, like, well, if it’s an auto industry and wherever part of Alabama, and they saying, “Well, we need labor because people talking about they want more wages, can you lease us some convicts?” Talk about how the role of the state is playing in this oppressive system?

    Adam Keller:

    Yeah. So I appreciate you bringing that up because Governor Kay Ivey, Attorney General Steve Marshall, the head of the Alabama Department of Transportation, and of course the Alabama Department of Corrections, they’re all named in this lawsuit. They’re all considered complicit in this system through various means, both through the leasing itself, but also the systemic denial of paroles, which is feeding labor back into this system.

    Mansa Musa:

    Right. Right. Right.

    Adam Keller:

    It’s a vicious cycle.

    Mansa Musa:

    It is.

    Adam Keller:

    People have been reporting for years about the paroles and the lack of paroles and how it’s getting worse and worse each year. Then you find out, “Well, okay, now we know why it’s getting worse.”

    Mansa Musa:

    Why, that’s right. That’s right.

    Adam Keller:

    We know why there’s a denial, and I wanted to spotlight one of the examples-

    Mansa Musa:

    Come on.

    Adam Keller:

    … because there’s this company called SL Alabama, and some folks may remember this because this is the same company that is in Hyundai supply chain, and they were using child migrant labor-

    Mansa Musa:

    That’s right. Come on.

    Adam Keller:

    … and including children as young as 13. This very same company is one of the companies in this lawsuit, and they were working incarcerated workers 11 to 12 hours a day, six days a week. So this same company that feeds into Hyundai, this big auto manufacturer that receives subsidies from the state of Alabama, so there’s another way we’re paying for it, right? We’re subsidizing the industries.

    Mansa Musa:

    That’s right.

    Adam Keller:

    We’re paying for the prisons, and then we’re seeing our jobs being undercut by the use of incarcerated labor. We’re seeing union organizing being undercut by the use of incarcerated labor, and then the exploitation that these people are facing is just cruel. It’s a moral outrage. It’s an economic outrage. To see an alliance between the state and these private industries and the local governments, like you said, because from the lawsuit, it looks to me like so many of our cities and counties would struggle to even operate if they were not utilizing this. You think about how many employees they would hire to fill this gap.

    Mansa Musa:

    Right.

    Adam Keller:

    You talk about city jobs with benefits, pay that starts at maybe 15 an hour, so it goes up from there, how many more jobs would be in our community if it weren’t for the reliance on these systems? It’s a moral outrage, but I think it’s worth highlighting again, $450 million is how much is alleged to be created in profits last year from the system. The state of Alabama made a million dollars just off transportation fees of work release folks, a million dollars just charging people for the van rides to and from the Wendy’s, to and from the SL Alabama, to and from the city of Montgomery, and so it is a giant money maker. It is a perverse way to deal with incarcerated human beings. These are our brothers and sisters, and it’s worth highlighting that Alabama has one of the highest incarceration rates in the country-

    Mansa Musa:

    That’s right. That’s right.

    Adam Keller:

    … which means we lock up more people than almost any other place on planet Earth, disproportionately, Black folks, because 26% of Alabama’s population is Black, over 50% of ADOC’s population is Black. It’s even more disproportionate when you look at the people in these actual convict lease scenarios. So it’s a racist system, it’s a profit-generating system, it’s an anti-labor system. So that’s why it’s important that all working people, we all know people who are impacted by the criminal justice system, almost all of us do, particularly in Alabama if you’re a working class person, but we all are impacted as members of the workforce. We are all impacted as taxpayers, frankly.

    Mansa Musa:

    Right.

    Adam Keller:

    So we all have a vested stake in seeing this cruel system come to an end.

    Mansa Musa:

    Now, you know what-

    Jacob Morrison:

    I want to-

    Mansa Musa:

    Go ahead. Jacob, before you go there, ’cause I wanted to ask you, and if you can integrate this into your answer, whatever you want to talk about, I wanted to ask you about, is the state of Alabama are incentivizing corporations that come into the state and that’s using this labor? Because I know in the District of Columbia, they throwing money left and right at developers to come and develop and build, and they selling real estate like it’s ice cream, a hot summer day. But I want to know in y’all observation or y’all research, have y’all come across that. Well, go ahead, Jacob. You weigh in on that how you feel.

    Jacob Morrison:

    Well, has the state of Alabama incentivized these employers to come here? Yes. I don’t know that there’s been any incentives specifically to utilize convict labor. I don’t know about that, but there has definitely been an inordinate amount of money shoveled onto specifically the auto industry. The auto industry in Alabama has been in the news a lot lately because of the budding UAW campaigns. Across the state now, Mercedes and Hyundai workers in Alabama have both gone public with their campaign, and Governor Ivey has been attacking them immediately after their announcements. But in 1993 with the building of the Mercedes plant, that came at the cost of $200 million. That’s right, Adam. It was 200 million to get Mercedes here in ’93.

    Adam Keller:

    I believe so, and it’s been over a billion dollars in-

    Mansa Musa:

    Yeah. Right. Right.

    Adam Keller:

    … overall industry subsidies, right?

    Jacob Morrison:

    Yeah, and just recently, the state of Alabama announced another $50 million investment in a training center right next door to us here in Decatur to serve the growing auto industry, Toyota Mazda here in Huntsville, specifically. So there’s been huge investment in these industries-

    Mansa Musa:

    Right.

    Jacob Morrison:

    So like Adam said, we are paying on multiple ends for this kind of exploitation. Adam mentioned SL Alabama, and I wanted to highlight that the working conditions of people at SL Alabama are in part the result of the undermining of solidarity and worker organizing efforts driven by this convict leasing system because SL Alabama in particular, but Alabama’s auto industry as a whole is extremely unsafe compared to the auto industry in the rest of the country.

    Mansa Musa:

    Right.

    Jacob Morrison:

    Alabama Arise has a new report out that’s really good that talks about how Alabama’s auto industry has evolved and devolved in many cases. As it relates to safety, Alabama workers are at least 10% more likely to have an amputation as people in different parts of the country and 70% more likely to have an amputation than auto workers in Michigan. So then if we take a look at SL Alabama in particular-

    Mansa Musa:

    Come on.

    Jacob Morrison:

    … they’re using prison labor, they’re using child labor. During this time, while they’re doing both of these things, putting children at risk, children shouldn’t be in automotive manufacturing-

    Mansa Musa:

    Right.

    Jacob Morrison:

    … facilities anyway. Those are dangerous jobs, and we understand that, and there’s a certain amount of a degree that just comes with the job, right?

    Mansa Musa:

    Right.

    Jacob Morrison:

    But SL Alabama is above and beyond that by multitudes, as is evidenced by the multiple OSHA fines that have been levied against SL Alabama, which OSHA does not just throw out fines willy-nilly.

    Mansa Musa:

    Right.

    Jacob Morrison:

    You would know if you look through the press releases of OSHA and look at how many people have been fined by OSHA in the last week or month or year, $50,000 for crush and amputation hazards in one year is what you saw at SL Alabama while they were using prison labor, while they were using 13-year-old children. Those conditions are in part, of course, there are lots of reasons, but no doubt, the undermining of the solidarity that is possible by the use of people who are coerced to the extent that prisoners are. That’s the thing that you get when you go about running your state this way. You get insanely dangerous working conditions. You get low pay, you get bad benefits and a working class in this state that is just generally, it’s worse to be a worker here in Alabama than basically anywhere else in the country when you look at wages, working conditions and benefits. The prison convict system is just one more reason that is the case.

    Mansa Musa:

    When we talk about capitalism being evil, this is evil personified because-

    Jacob Morrison:

    Right.

    Mansa Musa:

    … as you say, the reason why I asked about the state being incentivized, I’m quite sure that they don’t put in their packet when they try to solicit somebody, a corporation to come there, “Oh, yeah, we use child labor.” “We got cheap labor,” or, “We got endless labor of force.” No, they don’t say that, but that’s known by the corporation because every corporation, every corporation in the United States of America, anywhere in the world, they want cheap labor, they want a lot of it, and they want to work you from sun up to sun down and get as much money out you before you fall out. So that’s the narrative when it comes to capitalism. The exploitation of man against man, that’s the narrative. Marx, Lenin, all of them exemplified that in their writings.

    But Adam, talk about where we stand at, ’cause I know the suit was filed, and I recall an injunction was… they asked for an injunction. Now, and I want you to answer this in the context of if you have any knowledge on the impact this is having on the prison population, ’cause I read where a lot of the prisoners, and rightly so, are fearful of the retaliation. At the same token, they don’t have no choice now because the cat’s out the bag. The suit is out there, but what about the injunction? What kind of coverage are the men and women getting in the system based on this? Because ain’t no doubt in my mind the hornet’s nest been kicked and they ain’t feeling good about this one here. You getting ready to take their big pocketbook.

    Adam Keller:

    Oh, yeah, yeah, I agree. The hornet’s nest has definitely been kicked. The lawsuit is asking for changes to the parole system immediately for folks to be paroled. They’re asking for back pay for the workers affected. They’re asking for an end to the system immediately. My understanding is there is a hearing coming up, I believe next month. Jacob, maybe you can correct me if I’m wrong there, but I do believe next month. So I’ve noticed a lot of silence from our state government, and so that’s interesting. I know that of course, they’re going to say, “We don’t want to comment on pending litigation.”

    Mansa Musa:

    Right. Right. Right.

    Adam Keller:

    That’s always the go-to answer, but there has certainly been a lot of silence from Governor Ivey, from the Attorney General’s office, from the Board of Paroles. They don’t want to talk about this at all. I think you’re right, it’s because it’s like the cat’s out of the bag. Now people understand why some of these things have been happening in our system.

    Mansa Musa:

    Right.

    Adam Keller:

    We’re connecting the dots now and seeing, “Okay, you’ve been running this scheme this whole time. You’ve been generating these profits. You have all these people depending on it and thriving off of it. Well, no wonder people can’t get out. No wonder we can’t get real prison reform in the state of Alabama. No wonder when the federal government says, ‘Your prisons are unconstitutional and you need change,’ our answer is to say, ‘Okay, we’ll just build more prisons.’”

    Mansa Musa:

    Right.

    Adam Keller:

    That’s what the state government has proposed, is to build new mega prisons to house even more people as opposed to real criminal justice reform, as opposed to ending the drug war, as opposed to doing the kind of actions that we need to actually make communities safer, right?

    Mansa Musa:

    Mm-hmm.

    Adam Keller:

    Yeah, it’s going to be interesting to see how this plays out. I’m very curious to know how deep it really is, because the lawsuit says over 500 employers have been involved. So the lawsuit really is just scratching the surface.

    Mansa Musa:

    Right, exactly.

    Adam Keller:

    So that’s something that I think is going to be interesting to see in the coming months is how much more do we find out? How many more people are involved in this? How much more money is being made off of this? So I’m glad as a labor union activist that organized labor is taking a stand here and is getting involved, and I want to see more of it because-

    Mansa Musa:

    Right.

    Adam Keller:

    … ultimately that’s the kind of solidarity that we need if we’re going to really thrive as working class people faced against this sort of system.

    Mansa Musa:

    Jacob, going forward, what do you want the takeaway for our audience? ‘Cause like I said earlier, I was telling Adam this earlier, I think off-camera, I wanted to get in this space a long time. I’m constantly trying to make the connection between the prison industrial complex and how it impacts society, overall and why society should be having an invested interest in it. Talk about going forward, what you want our audience to have as a takeaway and how they can get in touch with you and Adam.

    Jacob Morrison:

    Yeah. Well, the takeaway, I guess, with this case in particular is just stay tuned, and we’ll see what happens. Hopefully, there will be some justice here in this case. But more broadly, the answer is that we have to, and this answer is going to be similar across the country, that mass incarceration is not working for working people. If you take a look at-

    Mansa Musa:

    That’s right. That’s right.

    Jacob Morrison:

    … people who are in prisons, it is not the bosses. It is people who have been down on their luck for one reason or another and made mistakes, sometimes very bad and gross mistakes, but that by-and-large can be rehabilitated and will be back in society at some point.

    Mansa Musa:

    That’s right. That’s right. That’s right. That’s right. That’s right.

    Jacob Morrison:

    That’s a thing that the opponents on this issue just don’t seem to want to reckon with is that 95% of people in our prisons today are going to be back out on the streets. So the question is not, are these people going to be back out on the streets? The question is, in what state are we going to return them when we release them, and are we going to continue doing this? Really, the state that we return people to society now is in a worse state than they came in. So also a question going forward is, how many more people are we going to subject to this system, to this system that you said, Mansa, is really anti-human? I think to some of the opponents on this issue, some language that may hit them harder is anti-American, really-

    Mansa Musa:

    Right. Right. Right.

    Jacob Morrison:

    … continually anti-American-

    Mansa Musa:

    Right. Right. Right.

    Jacob Morrison:

    … because who believes that our system of incarceration is just? What you have to believe about the American people is that the American people are so rabid and immoral and wicked and vile-

    Mansa Musa:

    Come on.

    Jacob Morrison:

    … uniquely so, compared to every single other population of human beings on the country that we have to cage more people than anywhere else for our own good-

    Mansa Musa:

    In the world, yeah.

    Jacob Morrison:

    … because if we don’t cage all of these people, then we won’t be able to have a functioning society. That’s what you have to believe about the American people, that we are uniquely evil and wicked and incapable of handling freedom to believe that this is a just system. So when you put it to people that way, I hope, and I’ve seen it in some cases, that it’ll get their gears turning because it’s just on its face such an inhumane, unjust system that we have to upend it for the betterment of our society, of the working class and for our country and for the world.

    It’s not a good system for anybody except the people at the top. I mentioned that working people are the ones who fill our prisons. One of the stark reminders of that is when you take a look at, I mentioned OSHA’s press releases. If you go through there every single week just about, you’re going to find OSHA fining some employer because they were responsible, they were found responsible for their employee’s death. We just saw OSHA come out with the results of their investigation for the 16-year-old who was killed in a Mississippi poultry plant.

    Mansa Musa:

    Right.

    Jacob Morrison:

    $200,000 is the fine that this multi-$100 million organization is going to have to pay for killing a child. Nobody’s going to prison. Nobody is having any amount of freedom taken away, and nobody is even having a significant monetary penalty placed on them. It’s a slap on the wrist at best, while people that child was working alongside are going to prison for much less. So it’s just fundamentally unjust.

    Mansa Musa:

    But that’s a good observation and a good articulation of what we know to be the reality. Adam, speak to the broader issue. Speak to the labor union. Tell the labor unions nationwide and worldwide why they need to be cognizant of this, because I think it was Marx or Lenin, say, “Workers of the world unite.” Well, they didn’t say, “Workers in society unite, and workers in slave labor, you ain’t considered work.” As we close out, talk to the labor union in a broader aspect of why it’s important that they understand this particular contradiction.

    Adam Keller:

    Right. Right. Our labor movement in this country for all of its flaws and warts over the years has historically fought for an end to convict lease labor. It has fought for an end to child labor. It’s fought against these forms of super exploitation, and so it’s our historical mission. That’s our calling is to fight against exploitation and oppression wherever it may lay. Workers of all kinds rely on solidarity to survive, and we have a responsibility as labor unions with resources, with members, with reach to do what we can to fight for justice, to fight for what is right. The right thing to do is to oppose the system, but there is a practical concern because it undercuts the wages of our members.

    Mansa Musa:

    Come on.

    Adam Keller:

    It brings in workers who are literally ineligible. According to the rules of the Alabama Department of Corrections, they cannot join RWDSU, right?

    Mansa Musa:

    Right.

    Adam Keller:

    They cannot join the Union of Southern Service Workers. These are unions that are organizing in places like Wendy’s, in places like poultry plants where this source exploitation is taking place. So there are practical concerns, there are moral concerns here. Our labor movement, if we’re serious about representing working people, if we’re serious about bringing about the kind of country we need for working people to thrive, we can’t sit back and let something like this happen. We can’t allow state government to collude with local governments and with private employers to extract so much from people. To do so in such a cruel manner with such force, it’s not acceptable, not acceptable. In the year 2024, it is not acceptable.

    Mansa Musa:

    I agree. I agree.

    Adam Keller:

    So I applaud RWDSU. I applaud the Union of Southern Service Workers. I do see more labor unions get involved and get engaged in this, we all have a role to play in this fight. The more of us that speak up and the more our unions speak up, the louder we’re going to be.

    Mansa Musa:

    Okay, and thank you. Thank both of y’all for joining me today on Rattling the Bars. Y’all definitely rattled the bars today, and y’all rattled it in such a manner that we ask our audience to really look at this issue right here. This is not about Alabama. This is not about Alabama prison system. This is not about the Alabama Unions. This is about humanity. This is about, as Jacob outlined, we had to be some demented, twisted individuals to say that the citizens of the United States, that American people are so demented that they would allow our country to just go get kids, put them in places where they subject to be mutilated by the machinery, go get prison labor that at the end of the day, you denying people parole premeditatedly because you want to hold on to the labor. So we thank y’all for coming and rattling the bars today. We ask that our audience continue to support the Real News and Rattling the Bars, ’cause guess what? We actually are really the news. Thank you.

    This post was originally published on The Real News Network.

  • The US has one of the highest prisoner recidivism rates in the world: over 70% of incarcerated people who are released from prison in the US will be rearrested within five years of their release date. That is not an accident. Our system of mass incarceration sets people up to fail as they leave the prison system and try to reintegrate into society. That is why organizations like Hope for Prisoners in Nevada are working to provide returning citizens with the resources and support they need to rebuild their lives and maintain their freedom. In this episode of Rattling the Bars, Mansa Musa speaks with Jon Ponder, founder and CEO of Hope for Prisoners, about why returning from prison is so difficult for so many, and what it takes to “empower the formerly incarcerated and their families to create a successful future.” 

    Studio / Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:

    Welcome to this edition of Rattling the Bars, a show that amplifies the voices of people who are disenfranchised, marginalized, and subjugated while offering solutions. I’m your host, Mansa Musa. Joining me today is John Ponder, founder and CEO of Hope for Prisoners. Hope for Prisoners assists with reentry by providing to formerly incarcerated long-term support and services as they work to reclaim their lives, families, and standing in the community.

    Welcome John.

    Jon Ponder:

    I’m glad to be here. Thank you for having me.

    Mansa Musa:

    All right, and full disclosure, I met John when I was in Vegas visiting Dominique Conway and a friend of mine connected me, told me I had to reach out to John when I got into Vegas. So ultimately we connected and he was gracious enough to have me come to his workplace, I want to call it. And it’s remarkable place, the work that you’re doing, I’m familiar with it and I’m doing some of them the same, myself. Tell our audience a little bit about Hope for Prisoners and how you came about that concept.

    Jon Ponder:

    Oh yeah, absolutely. Again, I just want to make a reference to our time that we spent here in the office. I thoroughly enjoyed our conversation because when you get two people that’s working on the same page, I could sit up and talk to you for hours. So our organization Hope for Prisoners. We work with men, women, and young adults that are exiting different arenas of our judicial system. And what we do is to provide the supportive services to help the men and women to successfully reintegrate back into the home, back into the workplace, and ultimately to help them to be standup leaders out into the community. So I founded Hope for Prisoners back in 2009. It was birthed out of my own personal experiences. I was a guy who was coming in and out of the system since I was 12 years old, been and out of every different juvenile systems in the State of New York, multiple jails, prisons here in the State of Nevada.

    And then I got stretched out in the maximum security United States federal penitentiary behind 50 foot walls. So coming in and out of the system all that time, I made a whole lot of mistakes trying to get life right and I would violate and go right back to the prison system. But it came a time on that journey where God taught me tremendously valuable lessons from all those mistakes that I made and those lessons that I learned, it helped me to live life on a whole different level. So what my passion in life is, the reason why I founded the organization is to turn right back around and help the other men and women who were facing those same challenges that I once had to face, to do everything I can to remove the barriers that are preventing them from being successful and to help to escort them up to the next level of life.

    Mansa Musa:

    And like you said, by your own admission by, I did 48 years in prison prior to getting out and at some point in time, I had to come to the realization that what I did that got me in prison, is not going to get me out. And if I do get out and hold onto it, it’s not going to sustain me. Talk about how your program offers sustainability to men and women coming out.

    Jon Ponder:

    One of the things that we’ve learned, and again speaking from personal experiences, is that the vast majority of people from this segment of the population, they really do want to change, but they have no idea how to do it. So for so long we’ve been telling people in this segment of the population to come home and be a productive member of the community.

    Mansa Musa:

    That’s right, that’s right.

    Jon Ponder:

    But they have no idea what that looks like or we tell them sometimes even get a job and some of them have never worked a legitimate job a day before in their life. Or we ask men to come home and take their rightful positions in their home as the husbands and fathers that they need to be, but they have no healthy reference point up in here on what that might look like. So what it is that we do is we provide them with the tools to not only get a good job, but it’s important that we help them to maintain that good job. But we also lay down the foundation for which people can build up this brand new life to where they never, ever, ever re-offend again.

    Mansa Musa:

    And that fact right there, that foundation, what do that foundation look like? Now, let me give you an example. I work in this organization called Voice for a Second Chance. What we do, we provide, when men and women come out of the system, we help them get their critical documents and try to stabilize as much as possible. We are not in a position to provide everybody how we create a housing mechanism for people, but the foundation that we have is that we let the people come in there know that if you follow the directions that we offer you, you will be stabilized. Not like tomorrow, but you will be stabilized. What’s that foundation look like for you, for hope?

    Jon Ponder:

    So again, it is the training. It’s the complete wraparound services. We train very intensively on things like the importance of winning attitude, the attitude about their past, the attitude about their present condition, and how could we cultivate this winning attitude that’s going to help carry them into a successful future. We train very intensively on things like how to go above and beyond the call of duty inside the home, inside the workplace, and then out there in our community.

    We take a deep dive into effective communication and understanding the different personality types, the people that you’re going to be interacting with inside the home, the workplace and the community. We also take a deep dive into goal setting and time management and banking and budget and conflict resolutions and when and how to apologize, the importance of forgiveness.

    And then we put a strong emphasis on leadership. Teaching individuals, number one, how to lead yourself, how do you get those results that you’ve always wanted to get out of life? How do you be that leader in the family, in that workplace and ultimately out there in the community? So again, it’s those wraparound services. When we address the needs for housing, we address the needs for employment, we address the needs for transportation and then, also very important, the family reunification.

    Mansa Musa:

    So in terms of walk me through a client coming out and how do they get access to Hope and walk me through that process. I just got out, I heard about y’all, where would I be at?

    Jon Ponder:

    So the beauty of what it is that we do is that we have a pre-release model. We’re in seven institutions here in the state of Nevada where we work with them up to 18 months prior to them even being released. So doing that needs assessment with them. We do a risk assessment because we want to target the people who are moderate to high risk to re-offend. That’s our target population. If you could make it out there in the community without us and we help you be successful, what good have we done? So being able to get in there with them and number one, if drugs and or alcohol had something to do with the initial offense of why you went to prison. Then I have my licensed drug and alcohol counselors begin to work with them and do an assessment.

    And out of that assessment, while they’re still inside, that comes up with a treatment plan. And sometimes that treatment plan on the inside looks like one-on-one counseling or group therapy. So we start all those intensive trainings while they’re on the inside and again up to 18 months. And when they get to the 12 month mark, then we fast track them into, for the next six months, into what we call… We built our vocational village to where we now train them before they get out, we train them with HVAC, electrical, plumbing, welding, warehouse logistics, other manufacturing and a masonry training program. And we built a full scale commercial driver’s license school on the prison yard. What does that mean? That means that not only are we addressing the cognitive and behavior change, the moral recognition therapy, but that vocational training that we have them go through, then that means that they are certified and ready to go to work the minute that they walk out the back door.

    Now when they walk out the back door, remember we were 18 months before they get out, but then we put them into an 18 month mechanism once they get released. You see, it wasn’t enough for us to be able to train them very intensively while they’re inside. But if we release them out the community by themselves, we will have wasted time, effort, energy and resources. We do that through intensive case management and mentoring where we have trained up well over 550 men and women from our community that are serving as mentors right now.

    These mentors come from a very diverse group of people. Now these are pastors and leaders from churches across southern Nevada, other leaders in other houses of faith. These are business owners and business leaders. These are school teachers from our school district, professors from the University of Las Vegas, Nevada, right down to the Las Vegas Metropolitan Police Department. And I smiled every time I say that because the sheriff has given us an army of volunteer police officers that are serving as mentors. Never before in the history of reentry, nowhere on this planet to this magnitude has law enforcement gotten this involved in mentoring and training people coming home from the prison system. So it’s that kind of wraparound services that we know that helps them to be successful.

    Mansa Musa:

    Now in terms of success ratio, what is y’all’s success rate? Because I know from a personal experience, and like I said, I’m in this environment where people come through there and like we say, you give them a roadmap to be successful. If they stay patient with it and they deviate. And you look up and you go back through the system or they contact you and what happened? Well, they come up with a myriad of reasons. What about in y’all situation? What about that? And then how do y’all deal with people that recidivate?

    Jon Ponder:

    Sure, absolutely. So we are very encouraged. The University of Nevada, Las Vegas, their criminal justice division had come in and they wanted to take a look at how well we were doing. And what they did was they took a look at 522 high risk-to-reoffend after that assessment and what they determined of those 522 people that they took a look at, more than 74% of those were successful in gaining full-time employment and sustainable wage jobs. 25% of those were full-time employed after completing the first initial stage of what we do post release. And of those 522 men and women who by every stretch of the statistics should be back on the yard, only 6% of those individuals return back to the prison system. It is something that we are very encouraged by. We know that what it is that we’re doing is working, but to be quite honest with you, I’m not satisfied with that rate.

    We’re always looking for ways to improve the efficiency of what it is that we do. So we wanted to take a look at that 6% of people to try to figure out why was it that they were going back. And there was two things that we found, the common thread. The number one reason why people were returning back to the prison system was going back to drugs. This is why we increased our substance abuse treatment and therapy prior to them being released because that’s really where the rubber’s going to hit the road and the benefit of us working with them while they’re inside now. When they get released, we create this continuum of care. They’re not having to go get substance abuse treatment, meet another therapy, it is just that continuum of care. And the other reason why people are continuously going back to the prison system of that pilot group of people was that went back to the old neighborhoods.

    We have this saying, and I know you’re familiar with this, that you’re associations determine your destination. If you show me who your friends are, I will tell you exactly who you’re going to be two years down the road. So when someone does recidivate, again, the beauty of us being inside the system, we get to touch that person at every area, at every stage. So they recidivate, do something wrong, parole violation, we can connect with them in the county jail and start wrapping our arms around them. If they have to go back up to prison, then my staff is in the prison waiting for them. So we just start all over with them on the inside, then stay with them, and then they start all over again once they get released.

    Mansa Musa:

    Go ahead. Go ahead John.

    Jon Ponder:

    No, please go ahead.

    Mansa Musa:

    What gives you this enthusiasm? How do you stay focused? How do you maintain this enthusiasm to maintain working with this population? I know for me personally, I get burned out. I don’t get burned out to the point that I’m burned out. I let my flame go down. My passion is not where it be at all the time. One time I might be on 100, next I might be on 15, but I’m still moving forward. What is it that sustains John Ponder and to maintain the belief that it is Hope for Prisoners.

    Jon Ponder:

    So absolutely, I am a man of faith and I understand that I’m walking in what God has called me to do. So I find my strength and my enthusiasm in Him. I get my directions from Him and I always have to stay connected to God. Do I get burnt out? Do I get tired? Absolutely, 100% I do. But it’s important that I have people on my team that I trust, that I’m ever able to delegate things out to, who have the same level of enthusiasm as I do. They’ve climbed up into the vein of what it is that we’re doing and have caught the vision and they stay focused with that. You asked me what it is that gives me hope because I know and understand that if people would just give God enough of their time, God could do some amazing things with their life.

    When you’re able to see someone who is at rock bottom in the prison system and we have a chance to walk alongside them and then they’re in the post release phase, for me, it’s like watching the evolution of life. That’s what keeps me going. Take someone from absolutely rock bottom to today, they’re employed as an electrician journeyman and just purchased their home and reconnected with the family and they’re taking vacations. That’s what it is that really, really keeps us going. And the other thing is, I’ll have to tell you a story about how, many years ago when I was founded the organization. I was giving birth to this thing that God impregnated me with. We were ready to get our 5501-3C and we needed to come up with a name for the organization.

    And people were asking, “Well, what is going to be the name?” And I felt like God dropped in my spirit that the name is going to be Hope for Prisoners. And the people that were in the world around me at the time had said that, “John, you don’t want to call it Hope for Prisoners because you’re not going to be able to raise money. People are more likely to donate money to get their cat spayed and neutered as opposed to giving it to prisoners.” And they said, “Why do you want to name it, Hope for Prisoners?” And I said, “It’s simple. Number one, I’m doing it because God told me to.” And then I reminded them that the mission of Hope for Prisoners, the mission of our organization is to help to create a massive amount of people who come home from the prison system, and not only do they never re-offend again, they begin to live levels of life that most people only dream of. And when we get them there, then they become the Hope for the Prisoners.

    Mansa Musa:

    I got you. And that’s what opens the door for the segue to my next question is, what do you want to tell people that have the perspective that “You do the crime, you do the time.” And it’s no such thing as any type of repentence that, all right, I hear what you saying, this sound good. But at the same time, crime is on the rise. People still doing these things and I can’t get these blinders off for of me because I’m thinking that it’s a waste of money and a waste of time. How do tell, what do you tell these people that I know you come in contact with, that I know you know exists?

    Jon Ponder:

    Absolutely, 100%. And I’m going to speak from my personal experiences. I did just about 17 years in prison. It wasn’t a straight shot, it was two years here, four years here, six years in county jail and accumulated about seven… Life on the installment plan and I returned back to the community. People, if you take a look at who I was, fully addicted to everything known to man. Gang affiliated, I was a monster. I was a menace to society. But then I respectfully have to say, take a look at my life today. If I could change, someone else can change. And if you could take a look at the vast majority of people that are in our prison systems today, one day they will be coming home. And if we don’t embrace them and provide the support, pour time, effort, energy and resources in them to help them to be productive members of the community, then I think that we are missing the mark.

    They’re coming home anyway. And I would rather have them come home and they’re coming home and being in our next door neighbors. They’re in the shopping malls with us and so forth and so on. And what condition do you want that person in? Do you want that person… If you don’t address it, they’re in that never ending cycle of recidivism. Or do we want to do everything we can to assist them after they paid their debt to society?

    Come on, they paid the debt, they paid the debt to society and they’re coming home. And I just feel that we, as a community, have an obligation to do everything that we can to help them to be tremendous assets to their home, to their workplace and out there in the community and not a liability. And when we’re able to help them to secure sustainable wage employment, because that’s basically what people really want, to where they can take care of themselves and be able to take care of their family and we would help them to get sustainable wage employment and they start working out in that community, what people really need to think about is that they then become fuel in the economic engine of our communities.

    Mansa Musa:

    Yeah, I like that. John, you had the last word. And I appreciate that articulation and that observation because at the end of the day, unless the person is to be locked away and throw away the key, they are going to return. Whatever state they return, that’s going to happen. And as a civil society, it’s our obligation to look out for the least of these, as a civil society. I think that’s what all of us claim to believe at some point in our lives, we claim to believe in a higher power. We claim to believe, have a certain amount of spiritual decorum. So I think at the end of the day, when we look at with the work that you’re doing and people in similar situations, we recognize that like you say, there is hope for prisoners. Our audience tell our viewers and listeners how they can get in touch with you and how they can support your work.

    Jon Ponder:

    And thank you very much for that. You can reach Hope for Prisoners, certainly visit our website at www.hopefor and it’s “for” prisoners.org hopeforprisoners.org. Or you can give us a call at 702-586-1371, 702-586-1371. And there are many, many ways that you could support our organization. We do accept donations, small monthly supporters. You can get all the information on our website. Well, the other thing that we do is we look for mentors, not only here in our local community, but we look for mentors all over this country that could become part of our mentoring program. So we train and equip mentors and then they can connect with our people coming home over Zoom, over Teams. So this way, we are here in Las Vegas, Nevada, but you can be in Tupelo, Mississippi. If you had some life experiences that you feel that you’d be able to give back and help someone navigate some challenges you have had in your life, then we would love to be able to have a conversation with you.

    Mansa Musa:

    Thank you, John for joining me today on Rattling the Bars. You definitely rattled the bars today, and I appreciate your taking time out of your busy day. I know you’re busy. Taking out time out of your busy day to really educate our audience on how we… We’re talking about a civil society. We’re not talking about a draconian, dark age unforgiving society. We’re talking about us in a civil society where people like ourselves come out and making amends for what we have done. We make amends in the form of helping the least of these and being the example. You are definitely a good example. Thank you. We ask that you continue to support Rattling the Bars and The Real News. Thank you very much.

    This post was originally published on The Real News Network.

  • Like hundreds of thousands of other Texas motorists, Thomas Reader found himself in an unending debt spiral as a result of the state’s Drivers Responsibility Act. Due to the program’s surcharges and late fees, Reader owed $13,000 to the state—an amount he simply couldn’t pay until he was finally granted a form of amnesty. The occupational license, which was a direct result of this program, limited his ability to drive, and as a DoorDasher his increased time on the road only meant increased exposure to police looking to write tickets to secure revenue. When Reader, out of frustration, “flipped the bird” at a Texas Sheriff patrol car, officers conveniently claimed to have witnessed a traffic violation, pulling Reader over and arresting him. Taya Graham and Stephen Janis of the Police Accountability Report examine the footage in the case and its wider implications on the corrosive power of revenue-motivated policing, which is increasingly a factor in the behavior of law enforcement nationwide.

    Studio Production: Stephen Janis
    Post-Production: Stephe Janis, Adam Coley


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham, and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. To do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible.

    Today, we’ll achieve that goal by showing you a video of a traffic stop that led to the questionable arrest of a man who had simply shown his dissatisfaction with police by giving them the finger, but it is the abuse of power that led to the encounter, a program designed to entrap motorists, which we will be breaking down in the show. It’s a cautionary tale about the dangers of incentivizing law enforcement, and what happens when fines and fees are motivating cops rather than upholding the law.

    But before I get started, I want you watching to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com, or you can reach out to me on Facebook or Twitter @TayasBaltimore, and we might be able to investigate for you. And please like, share, and comment on our videos. It helps us get the word out, and it can even help our guests. You know I read your comments and appreciate them. You see the little hearts I give out down there, and I’ve even started doing a Comment of the Week to show you just how much I appreciate your thoughts and to show what a great community we have.

    We do have a Patreon called Accountability Report, so if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything you can spare is really appreciated. We always make sure to thank our patrons like Shane B, David K, John Rowe, Lucy Garcia, or Lucy P. Okay, now we’ve gotten that out of the way.

    Now, one of the biggest problems with law enforcement in our country has nothing to do with enforcing the law or even the shortage of officers. What often makes American law enforcement so fraught is that it is structured around a word that seems far afield from investigating crimes, namely profit. That’s right, fees, fines, penalties, bail, you name it. It’s an imperative to generate revenues that often prompt police to behave like bill collectors rather than public servants.

    And no arrest embodies the bad consequences of treating cops like government-sponsored ATM machines than the video I’m showing you now. It’s a cautionary tale of what happens when the government turns to law enforcement for revenue, and how that emphasis can often twist the law into a tool for financial oppression. The story starts in Kerrville, Texas last year. There, Thomas Reader was working as a delivery driver for DoorDash. The job was a lifeline to help him with a problem that had little to do with his willingness to work or his commitment to the job.

    Instead, his financial woes were completely the result of a government-conjured burden. That’s because Thomas had been repetitively ticketed under a program called the Driver Responsibility Act. The policy incentivizes officers to write traffic tickets to fund highway construction and emergency rooms. The program has been controversial, as you’ll learn later, and it has been halted. But that was too little too late for Thomas, because he was the recipient of numerous tickets from that program for minor traffic infractions.

    And because the program added fees and surcharges when drivers had trouble paying, Thomas was put in debt, and that debt was an ever-growing tab with penalties that kept piling on top of the fines, to the point where he owed, and I’m not kidding, $13,000. But Thomas wasn’t alone. For example, in January 2018, 1.4 million Texans had suspended licenses for not paying surcharges, and all of this boiled over for Mr. Reader when Kerrville Police pulled him over last year.

    That’s when, as I said, he was driving to make a delivery when police started to follow him. He had not committed a traffic infraction. No, they targeted him because that program limits your driving abilities when you can’t pay. But Thomas, already frustrated with the constant harassment that he believes is tied to the incentives I mentioned before, exercised his constitutional right and gave the cops the finger, and that’s when they pulled him over.

    Not initially for a traffic violation, but because the officer said the bird drew their attention, and they used his license restricted from the debt as an excuse to further investigate him. Let’s watch.

    Video:

    Can I see your driver’s license?

    No. [inaudible 00:04:16] anything like that?

    Okay. Go ahead and turn around for me.

    For what?

    Go ahead.

    Sir, get your phone out.

    You pulled me over for no reason, man.

    No, sir.

    Yeah, you can’t do this.

    I know you’re not to have an eligible driver’s license.

    I do have an eligible driver’s license.

    Taya Graham:

    Now, you’ll also notice that the officer immediately accused him of driving without a proper license, and this turned out not to be true, but that didn’t stop them from slipping handcuffs on him. Let’s watch.

    Video:

    You pulled me over for no reason, man.

    No, sir.

    Yeah. You can’t do this.

    I know you’re not to have an eligible driver’s license.

    I do have a eligible driver’s license. Do you want me to get it out?

    Yeah. That’s why-

    You guys are making a huge mistake.

    That’s why I asked you for your driver’s license.

    You’re making a huge mistake right now.

    Here, step right over here real quick.

    Record, Sawyer.

    She’s fine. She can record.

    [inaudible 00:04:57] You’re retaliating because I gave you the fucking finger. You can’t do this.

    Just stand right here real quick.

    Man, you’re breaking every fucking law, man. You’re a piece of shit, dude. Y’all can’t do this. You are violating my rights. My license is valid. I have an occupational license.

    Okay.

    We are DoorDash. Why am I in fucking handcuffs?

    I just want to come confirm that.

    No, you’re telling me [inaudible 00:05:16]. You have no fucking [inaudible 00:05:17].

    1448-6640-1448-6640. Okay.

    Yeah. Why do you think you got the finger?

    Do you have your occupation… Hey, do you have your occupational paperwork with you?

    It’s right there. No, I don’t. We’re DoorDashing right now and you can see we’re DoorDash.

    Taya Graham:

    Now, almost immediately, Mr. Reader pushes back on the officer’s assertions that he should not be driving and using let’s say, colorful language. He did indeed have restrictions on his license due to the Driver Responsibility Act. But none of those restrictions precluded him from earning a living. Still, the police persisted.

    Video:

    Okay, but do you have your paperwork with you?

    I don’t know where my paperwork is in the car.

    You have to have that paperwork with you.

    No. I have an occupational driver’s license.

    You have to have paperwork with you.

    Y’all retaliate. You can do whatever you want.

    No, sir. Do you have the paperwork?

    No, I don’t have it. I have it on my phone. I have it on my phone. I have it electronically on my phone. I already talked to the judge and he said it was okay.

    Taya Graham:

    Okay, as you can see, the police were simply uninterested in hearing his side of the story no matter how caustically he shared it. In fact, they kept insisting he was driving illegally. Take a listen.

    Video:

    [inaudible 00:06:17] shit.

    So you’re okay teaching your daughter to [inaudible 00:06:20].

    Hell yeah. Her grandfather’s a retired police officer.

    Why don’t you do yourself a favor and just be quiet, okay? Until we get [inaudible 00:06:25].

    I don’t have to be quiet.

    Do you have that?

    [inaudible 00:06:26] make it worse on yourself.

    I’m not making anything worse for myself. Freedom of speech, buddy. You can’t tell me to be quiet. You cannot tell me to be quiet.

    It’s still acting [inaudible 00:06:36].

    I’m still talking. What are you going to do?

    I’m just asking you to be quiet.

    And I refuse [inaudible 00:06:41].

    You have every right to refuse.

    Yeah, because you can’t tell me to be quiet. You can’t tell what you do. I don’t have to [inaudible 00:06:44]-

    Get it to where you can see how much hours-

    Man, y’all are crooked, dude.

    That’s not how works.

    Y’all messed up.

    Okay.

    My license wasn’t suspended. Y’all keep harassing me, dude.

    One hour-

    Taya Graham:

    Still, even after Mr. Reader showed the officer from his phone that he did indeed have the proper license to drive his car to earn a living, but these cops would not relent and they still gave him a ticket. That’s right, a man who for years had suffered with $13,000 in debt from surcharges was now just trying to [inaudible 00:07:11] out a living, and he was hammered with another $210 ticket. Just look.

    Video:

    Did you get him recorded saying I gave him the finger and so they pulled me over?

    No, sir. I actually pulled you over because you failed to signal into this parking lot. Also, I need your driver’s license for failure. I also know that you didn’t have a good driver’s license.

    You’re retaliating because I gave gave you the finger.

    No, sir.

    [inaudible 00:07:30] shit. That’s what y’all do. That’s what you do, Graham. It’s Officer Graham and Officer Vasquez. What’s your badge number?

    Right there.

    Let me tell the judge, asshole. It’s right there?

    Yes, sir.

    You’re such a crooked cop man. How do you guys sleep at night when you do this shit? I gave you the finger and your egos just can’t take it, can they, bud? That’s why he put me in cuffs-

    I don’t even know you, buddy.

    … immediately.

    I don’t even know you.

    That’s because you’re a piece of… I don’t [inaudible 00:07:55] you’re a piece of shit what you fucking did to me. You violate people’s rights on a daily basis. That’s what you do. You just did. Let me see your driver’s license and you fucking put me in cuffs immediately.

    Yes, sir.

    What a piece of shit.

    Is DoorDash your full-time job or do you do something else?

    Yeah, idiot. It’s not your business what I do, man.

    Okay.

    Fucking pignorance is what it is. Pignorance.

    That’s kind of good.

    You like that?

    Yeah.

    I’m glad you like that, Graham. You got a little sense of humor, bitch.

    Oh, you like my pig right here?

    Yeah. For my safety, I’m in fucking handcuffs, huh? Dummy. Fucking morons. Crooked ass shit. Sorry they’re holding you up, ma’am. They don’t care about your time. Sorry ma’am. You guys don’t give a fuck about other people do, do you? She’s innocent and look at you guys. We’re going to hold her fucking time up.

    Who’s?

    Her. She’s waiting for you guys to fucking move.

    If you want, your daughter could get your food delivered.

    If she has a driver’s license to drive.

    I’m talking about the lady right there in front of her car, you morons. [inaudible 00:08:45] these fucking cuffs for you to fucking sign shit.

    Actually, are you going to sign it?

    Do I have to?

    Yes, sir.

    Then I’ll fucking sign it.

    Okay.

    Taya Graham:

    And as a result, Mr. Reader now saddled with yet another fine after struggling with those fines and surcharges for years, decided to share his displeasure with the officers. Yes, he did use colorful language and yes, the cops listened, but in the end they just added more to his financial woes, which is perhaps why he expressed his displeasure even as the officers decided not to take him to jail. Take a look.

    Video:

    Hey, you know why I’m here? Because I prepaid for my electricity and I’m negative $3.

    I thought you were here to drop off food.

    I’m paying electricity too right away from DoorDash right there. I got to pay my electric bill. You want to give me another fucking ticket, asshole?

    So then you’re not here for purposes of your DoorDash.

    We’re just DoorDashing that apartment. So while I’m by K-Pub, I got to pay my electricity. Tell the judge that. Tell the judge that.

    Again, you’re in violation of your-

    We were still DoorDashing. We’re still active. But you pulled me over. My phone is still DoorDashing right now.

    Okay, but you’re not delivering any food, right?

    I can still be working. This is a hotspot too. Nice try.

    Is it this?

    Yeah.

    Look at you guys trying to hem somebody up here. Fuck y’all, man. All y’all care about is [inaudible 00:09:51].

    It’s the words that are coming out of your mouth that are getting you [inaudible 00:09:53].

    No, they’re not against the law. It’s called Freedom of Speech. One thing you don’t know, Vasquez, is the law. And your law enforcement? So that’s a joke. You should study law.

    Where did you get your degree?

    You don’t have to have a degree no more than your ass.

    Did you get your degree too in law? Where? Exactly. Don’t know where, do you?

    Taya Graham:

    Now we have been investigating this program and it’s burdensome use of fines and the impact it’s had on people like Mr. Reader. In fact, we will be speaking to him soon about what else was going on behind the scenes when those officers pulled him over.

    But first, I’m going to talk to my reporting partner, Stephen Janis, who has been investigating the Texas ticket machine and why it was able to saddle motorists with insurmountable debt. Stephen, thank you so much for joining us.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    Stephen, you’ve been looking into this program. What have you learned? What happened and why did the governor finally discontinue it?

    Stephen Janis:

    Well, basically what happened is it was totally out of control. It became sort of a vicious cycle for drivers in Texas where almost 1.4 million drivers or 1.5 million drivers had lost their license. Because what happened is that you didn’t just have to pay the ticket, you had to have a fee on top of that ticket if you had too many tickets in a certain period of time.

    And then, if you didn’t pay that extra fee in 105 days, you’d lose your license. A lot of people can’t afford to pay those fees so they kept driving because they have to go to work and then they get another fee. And before you know, it compounded so much that millions of people couldn’t drive in Texas legally. It was really out of control.

    Taya Graham:

    So this is not an uncommon phenomenon, law enforcement agencies ratcheting up fines. It seems to go beyond the need to ensure public safety. What do you think drives these policies?

    Stephen Janis:

    It’s interesting. There’s an untold story about this particular program. There’s a thing called the Municipal Service Bureau, which is a place that collects for Texas when people can’t pay. This company, this firm is private. They’re a private firm. So all those millions in fees, they’re getting money to actually collect those fees. And it turns out there have been 60 lawsuits filed in federal court against them because they harass people so much.

    So, “Oh yeah, this is a great program. We’re collecting money for the trauma center,” but really what we’re doing is enriching private companies who can collect and done people because they haven’t paid their ticket fees, which is bad enough when you can’t even drive. Really, it’s a way of enriching the private sector too and we can’t forget that about these programs.

    Taya Graham:

    Now, these fine-driven programs tend to really be focused on the working class and can have devastating impacts on the people who can least afford it. What does the research say?

    Stephen Janis:

    Well, the research lines up exactly with your question, Taya. It’s pretty freaking straightforward that the people who can least afford, like people who are working people, living paycheck to paycheck, are the ones who end up losing their license. I mean, just look at our guests. He had $10,000 he had paid in fines and he still had another $13,000 to pay. It was insane.

    How can a man survive? How can a man pay his bills when he’s got to pay $10,000 just to get behind the wheel? This is truly a tax on the poor, the impoverished people who are working and struggling. It is not a beneficial program for society. It does not even help drivers because it turns out that only 12% of the people who lost their licenses were people who committed some sort of DUI or some sort of serious infraction. The other 88% were just people who were speeding or something.

    It really wasn’t getting to the root of the problem it was designed to solve. It’s really a total and utter mess. Taya, let me just say this before I go. I want you to watch really carefully. When this cop says he pulled over for not turning a signal, the cop was going in the opposite direction, but notice we’re showing you with arrows here, that he was indeed giving the finger and then the cop turns around. There’s no way, I think from his perspective, unless he had a very, very, very good sort of telescope quality rearview mirror, he could have seen the man not signaling.

    I think really this was about getting the finger from a man and trying to show, “Hey, we’re in charge. You can’t push back against us.”

    Taya Graham:

    And now to learn how police have been targeting him and the impact this questionable overreach has had on his life, I’m joined by Mr. Reader. Thomas, thank you so much for joining me.

    Thomas Reader:

    Thank you for your time. I’m a big fan.

    Taya Graham:

    Well, thank you, Thomas. That’s very kind. First, please tell me why were you allegedly pulled over during the traffic stop we have been showing on the screen. What did police say?

    Thomas Reader:

    Well, they allegedly said they pulled me over for driving while with a suspended license, although I have an occupational. Yes, ma’am. I was working at the time.

    Taya Graham:

    Could you explain what an occupational license is?

    Thomas Reader:

    It just means your license is still suspended, but you can drive for essential purposes like going to and from work, picking your kids up from school, medical reasons. I DoorDash for a living, so I drive all the time. So that’s part of my work.

    Taya Graham:

    You said to the officer, “You pulled me over because I flipped you the bird.” What did he say in response and how did he react to that assertion?

    Thomas Reader:

    Well, Officer Vasquez is the one that said that got their attention and we have it recorded. And so I was glad we got that recorded. But he said that he pulled me over initially because he thought it was invalid, but he didn’t really even mention the bird. Officer Graham wouldn’t mention that. Officer Vasquez was the one that mentioned that.

    Taya Graham:

    Were you surprised that you were put in cuffs for a traffic infraction?

    Thomas Reader:

    Yes, ma’am. First, I didn’t see any lights. All I saw was them do a U-turn and I was going to pay my electric bill, so I was already parked. I was getting out of the car to pay my electric bill and saw them behind me. All I did was get out of the car and put my hands in the air. I never advanced towards them or anything. He said, “Give me your driver’s license.” I said something like “What for?” And immediately, I was put in handcuffs.

    Taya Graham:

    Now you seem pretty annoyed with the officers disrupting your workday for something petty like this. As you mentioned, your livelihood is tied to driving. Does it cost you money or time to unravel these tickets or basically can you explain why you were so upset? Was it the money or was it something else?

    Thomas Reader:

    Basically, it was for getting arrested out of my house for supposedly driving while invalid. Although, I never received a citation, any notification by mail, nothing. The only notification I got was police knocking on my door telling me I had to come out or I’d be also arrested for resisting without violence. That’s why I started getting upset and started actually giving cops the verge just to let them know my displeasure with what they have done.

    Taya Graham:

    Okay, so you’re telling me the police pulled you out of your home, put you in a car and took you to jail just for an alleged traffic violation. What happened next? I mean, how did you feel and how long were you in jail for?

    Thomas Reader:

    About three and a half hours. I felt very helpless. I just couldn’t believe they could come to my house for, first off, an invalid driver’s license. And secondly, I had never gotten a ticket for it, so I was really just stunned and actually kind of just wondering where this had come from.

    Taya Graham:

    Now you were pulled over just a few days ago. Can you tell me exactly what happened?

    Thomas Reader:

    Yes, ma’am. I was working, I was DoorDashing. I was waiting at McDonald’s for an order because that’s a hotspot, and a police officer was across the street getting gas and instead of her leaving, she pulled a U-turn and faced me across the street. I thought nothing of it. Ironically enough, I got a Burger King order where she was parked and went to get my order. When I pulled out I wanted to thank her for an officer that had done me a favor and she immediately tried to initiate a traffic stop saying I was driving while suspended.

    Taya Graham:

    That just seems like overkill to me.

    Thomas Reader:

    She said there was no infraction. She said she just ran my tags because that’s what she does. There was no infraction except for I was operating a motor vehicle on a public roadway while suspended. Although, occupational does come up when she calls dispatch.

    Taya Graham:

    This really shows me that once you’re pulled into the system, the system still keeps pulling you back in and taking money and time.

    Thomas Reader:

    Yeah, we don’t live in town anymore. We had to move seven miles out into the country because I don’t want to live in Kerrville anymore. I did also find out while I was pulled over, while I was arrested out of my house for an driver’s license, I later found out it was because an officer had pulled me over two months prior for a headlight out, although my headlight was not out. We got it on video and that’s when he said I was suspended.

    My daughter was in the car and I was like, “I’m not suspended.” He goes, “Yeah, you are. You had a failure to appear today.” I was like, “No I didn’t. I called and had it reset. I have the email right here.” He would not look at it, but he insisted I was suspended, didn’t give me a ticket for it, just gave me a ticket for the failure to change my address of all things because my headlight was working. He was the one, because at the end he goes, “I’m going to look give you a break this time.”

    I was like, “Oh my God, can I lick your boots? Please, please. Let me lick those boots.” My daughter has it on video, and he was very offended then. After he let me go, he went to the county attorney and had her put in a warrant for my arrest for driving.

    Taya Graham:

    So it does seem that these officers were offended by the way you expressed your First Amendment rights. Something I have to ask you is, are you at all concerned that talking to me will make things more difficult for you and your relationship with local police?

    Thomas Reader:

    Not at all. I just want to get them exposed. I mean, I just want somebody to hear my story. I’m sure it goes on all over Kerrville. People get pulled over for no signal all the time. Officer Graham has bragged about it in the courtroom. I have people that have told me. It’s a small town, so I have friends that work there and he jokes about it. “If I can’t find something, I’m going to get you for no signal.” We got him on dash cam lying about it, so we got it dismissed and then that’s when we filed our 1983.

    Taya Graham:

    Now let me ask you something. There’s some people who are watching this that might ask, what if someone flipped you off while you were working? I mean, how would you feel or react? I mean, personally I have to say putting someone in handcuffs and threatening them with an arrest might be what you want to do to someone who hurt your feelings, but it’s probably not really appropriate. How do you respond to someone who says, how would you feel if the role was reversed?

    Thomas Reader:

    Well, if I was just in my normal capacity DoorDashing, then I would probably give the bird right back. But if I’m a public servant, I’d be expected to have a standard professionalism that these guys need to have and they didn’t have it. They retaliate and it’s obvious, the retaliation.

    Taya Graham:

    You must believe that since you filed a 1983 lawsuit that your constitutional rights were violated by these officers. What would you like to see result from this? Or for example, would you like the officers to go through retraining or maybe you’d even want an apology from the officers who cuffed you? What would you like to see happen?

    Thomas Reader:

    I would like an apology from Officer Graham. I know Officer Vasquez was involved in the stop also, but it was Officer Graham who whipped the U-turn and decided to put me in cuffs. I think Officer Vasquez was just, if you notice him in the video, he is just kind of trying to stay out of it, kind of. Even when I’m in cuffs, if you notice I’m kind of standing by myself in cuffs, and you’re supposed to be holding the prisoner or whatever, if I fall in custody… So they’re known to be close and Vasquez didn’t want no part of it. It was Officer Graham. I’d like an apology from him and I would definitely like retraining.

    I’d like for police all over the nation to not hear “When you pull a car full of people over, you need to get everybody’s ID.” They’re told that every morning probably before they leave to go get their donuts that “Hey, you better get everybody’s ID.” So they’re under pressure from their sergeant and you can tell when they pull someone over, it’s like crack. They want that ID so bad.

    I even said it on the last video, that five minute video when I got pulled over last week, “It’s like crack you guys. You just can’t let it go.” And so, I just finally had enough and so I just want them be retrained. I’d like to be compensated. I’ve lost a lot of money. We got evicted out of our last house because I was afraid to drive because I’ll go to jail and I can’t DoorDash. I’m a single dad of three kids.

    Their mom has been absent for three years. They’ve seen her one time in three years. So it’s just me and the kids. That’s my livelihood and I try to work in DoorDash to make money and I couldn’t drive for a month and a half just in fear of being pulled over. So we got evicted, had to move seven miles out of the town, which I’m glad we did. That was voluntary, but thank God we found a house. My friend let us move into his house and everything’s been good since.

    Taya Graham:

    I’m really glad you mentioned your family because I think it’s important for officers to know that these arrests have an impact not just on you but the people who you put food on the table for, that this is not just a matter of a man’s pride, but these tickets and arrests interfere with your livelihood and your ability to be a provider and a father.

    Now as we have recounted in both the interview with Mr. Reader and Stephen’s reporting on our nation’s traffic fine industrial complex, there is a trend in this country that is both troubling and on the rise. It’s a transformation of our public institutions from agents of public good to agencies premised on profit. In other words, governance that was intended to serve some greater purpose has ended up becoming cash machines to public coffers for pensions and luxury cop cars and other forms of wasteful overspending.

    It’s an evolution that I think often goes unnoticed, a transformation of the ethos of governance that I think explains the lack of faith Americans have in those same institutions. It’s a malaise that needs to be understood so that we can demand better and expect better. Just consider for a moment a slew of new legislation across the country premised upon the concept of making bail less affordable. That is new laws creating burdensome costs for people who are swept into a system through no fault of their own.

    Let’s remember that as many of our previous guests have explained on the show, bail often becomes the punishment inflicted upon the innocent. It’s a penalty without recourse assessed on people who are already struggling economically and that does not get refunded even if the underlying arrest was illegal, unjust or otherwise unnecessary. This imposition of fines upon the innocent is not a meager wealth extraction mechanism.

    A study by the Prison Policy Initiative found that of 600,000 people locked up in local jails in 2016, nearly 70% were pretrial, meaning that they could not afford to pay the bail to be free until their case was adjudicated. This is a number that has barely nudged since. It points to a serious problem, which is this, our constitutional right to be punished only after due process actually has a price tag and it’s quite steep.

    In 2022, large insurance companies netted roughly $2.4 billion in profits, charging fees to make people pay bail payments. The same study shows that the money is extracted from people who can ill afford it. That’s because more than half of the people in jail awaiting trial earn in the bottom third percentile of income for all Americans. But there is a bright spot in this story.

    Across the country, community activists have acted collectively to help people overcome the onerous bail imposed by the government, grassroots organizers who are trying to fight the corporate takeover of our justice system. Known as bail funds, the groups raise money to assist people who cannot make bail without assistance. They have sprung up across the country specifically to help protestors who are subject to arrest by police for exercising their constitutional rights and often find themselves subject to excessive bail, all designed to infringe upon their ability to dissent.

    We actually spoke to one of the most active funds in the country when we traveled to Atlanta to cover the ongoing protests over the construction of Cop City. Cop City of course is the $90 million plan funded by Fortune 500 companies to tear down an old growth forest just outside Atlanta to construct a veritable Coptopia. The facility is planned to have a fake city to practice military-style training, classrooms, a club, an auditorium, and even onsite housing for law enforcement, which is ironic in a city that is in the midst of an affordable housing crisis it has not been able to solve.

    Still, the protestors have continued to fight against the project and law enforcement has effectively criminalized their efforts as a result, charging people with RICO and domestic terrorism. To fight back, the Atlanta Solidarity Fund has sought to help those who find themselves charged. In fact, we spoke to one of the key people involved in their efforts, Marlon Kautz, and he explained to us how they were using grassroots organizing to help activists overcome the system, which wants to silence them.

    Marlon Kautz:

    What they’re trying to do is very clearly establish a precedent which says that based on your political convictions and your beliefs, you could be considered a member of a criminal organization and charged for crimes which you had nothing to do with aside from agreeing with the politics of a movement.

    Taya Graham:

    Several months after this interview, the Georgia Bureau of Investigation arrested Marlon and two other people who had run the fund. They were charged, and wait for it, for using funds raised through an umbrella group dedicated to stopping Cop City to pay for bail for jailed activists. The total sum in question $5,000. That’s right, $5,000 to stop a $90 million corporate-funded training center to school police on how to use military-style tactics against civilians.

    I’m not kidding, but it’s actually getting worse. Much worse. Because the efforts by the small band of Atlanta activists to fight the system armed with guns and badges and hundreds of millions of dollars has apparently warranted even more action. The state government has stepped in too, legislators who are pushing to put an even steeper price tag on our constitutional rights that would pretty much make them an a la carte selection from an extremely expensive fascist-run restaurant.

    That’s because the state senate in its infinite wisdom, has decided to impose even more punitive obstacles to obtaining bail. It has made cash bail mandatory for a variety of crimes including marijuana possession and unlawful assembly. Seriously, it’ll achieve these goals by making roughly 30 crimes eligible for no money bail. What that means is that people charged with these crimes will not be able to use a bail bondsman, which is already usury enough. Instead, they’ll have to put up cash only to be freed before their trial.

    What that means is that if a judge set a $10,000 bail, you basically have to pay $10,000 cash upfront. What this legislation does is say “Pay up or sit in a cell before you have your day in court.” Isn’t that the opposite of innocent until proven guilty? I mean, won’t that force people to endure the punishment before being convicted of the crime?

    The bill would also impose limits on bail funds to make bail less burdensome. It would prohibit them from bailing out no more than three people a year, effectively ending the ability of these same funds to operate. And Georgia is not the only state trying to pass similar laws. Several other states, including Virginia, have bills that impose cash bail or severely limit the activity of bail funds.

    It’s a countrywide effort that is gaining steam that will essentially put an increasingly expensive price tag on our basic right to petition the government. How many people will speak their mind and peaceably assemble and protest if they know it could cost them thousands or that they could sit in jail for months before getting a trial? That’s what disturbs me the most about the series of efforts to prohibit protest, what it says about the true state of civil rights in our country that was founded upon them.

    It’s a state-sponsored pushback that is both dangerous and offensive. Because, like I noted at the beginning of this rant, government officials when faced with pushback from citizens like Mr. Reader and others seem to turn to the same tool that allows them to diminish our rights without actually doing so directly. I mean, what I mean is that the powers that be have learned how to use a mechanism that makes the erosion of our ability to push back not only more difficult, but nearly impossible for anyone other than the wealthy.

    They are doing so by charging us to exercise our own rights. Basically, they want to make our rights prohibitively expensive. As I said before, they want to put a price tag on the rights enumerated in the Constitution that we simply cannot pay. They want to make being an American citizen as expensive as possible, an interesting idea in a country already accustomed to paying the highest prices for things like education and healthcare.

    Let’s think of it as a civil rights toll system. Each time you try to exercise your right, you get charged. Just to note, they haven’t yet come up with an easy pass system that allows you to glide through and pay later. No, these excise taxes are all paid upfront. I mean, can we foresee a future envisioned by science fiction writer Philip K. Dick, where all US citizens will have to sign a Terms of Service Agreement to access their rights to the Constitution? A dystopian society where like his character in Ubik ends up having to pay to use a door on an appliance, and the door won’t let him open it until he pays a fee. When he refuses and tries to pry it open, the door threatens to sue him.

    I think it’s a perfect metaphor for the world of fines, fees, bail, and other charges we are living in today. Is it really that farfetched that this process of charging us to use our right only escalates, that politicians will continue to devise enough new levies that we will have to carry around a constitutional debit card that will be charged to us each time we show up to protest, seek a jury trial or simply want to walk down a sidewalk and shout without interference from police?

    Are we really that far from a world of fee-for-service citizenship? I don’t think so. I mean, in a sense we are already living in it, even without the bills I mentioned actually becoming law. Just consider the guests we’ve had on the show. How many were innocent but had to pay bail, hire lawyers, hand over fees and fines even though they had never committed a crime? How many actually ended up paying fees for the right of presumption of innocence?

    I mean, I can’t even count the number of people who reach out to us who are struggling to fight back against law enforcement, but whose biggest impediment is not the law, but their bank accounts. It’s really a disturbing reality to contemplate. I mean, what is more ideally democratic than raising money to bail out people who’ve been wrongly incarcerated for protesting? What is less democratic than allowing the government to cage people for a fine?

    To me, it’s just another way the government, no, our government, has devised a way to restrict our agency. A frightening law imposed Cash App for our rights that allows them to dole them out, but charge us for the privilege. To me, there seems to be no limit to their greed and no checks, so to speak, on their rapacious desire to take what is rightfully ours and charge us to access our human rights.

    Remember, we live in a country where despite the Fourth Amendment, the government can seize your property without charging you with a crime and make you prove in court that they should give it back. They can literally come onto your property, take your belongings, and make you pay for the honor to reclaim what’s rightfully yours known under the benign title, Civil Asset Forfeiture.

    When we see a man yelling at the cops, we have to remember that his frustration is more than the result of just a ticket. It’s a consequence of turning law enforcement into profit extraction. It is the result of allowing cops to act as debt collectors, allowing them to infringe upon our freedom and then charge us if we want it back. It’s like a pay-for-play democracy. The question is, how much are we willing to fork over before we finally say enough?

    I want to thank Thomas Reader for coming forward and sharing his experience with us. Thank you, Thomas. And of course, I have to thank Intrepid reporter, Stephen Janis, for his writing, research and editing on this piece. Thank you, Stephen.

    Stephen Janis:

    Taya, thanks having me. I appreciate it.

    Taya Graham:

    I want to thank friends and mods of the show, Noli D and Lacey R for their support. Thank you. And a very special thanks to our Accountability Reports Patreons. We appreciate you and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon Associate Producers, John ER, David K, Louis P, Lucy Garcia, and super friends Shane B, Kenneth K, Pineapple Girl, Matter of Rights, and Chris R.

    I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or @EyesOnPolice on Twitter. And of course, you can always message me directly @TayasBaltimore on Twitter or Facebook.

    Please like and comment. I really do read your comments and appreciate them. Of course, we have the Patreon link pinned in the comments below for Accountability Reports. If you feel inspired to donate, please do. We don’t run ads or take corporate dollars so anything can spare is truly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.

    This post was originally published on The Real News Network.

  • I remember, as a kid, hearing a story about a lone man, a mortal man, who had traveled to the underworld. He was a great warrior, and his name was Er. “He once upon a time was slain in battle,” Plato writes, “and when the corpses were taken up on the tenth day already decayed, his was found intact, and having been brought home, at the moment of his funeral, on the twelfth day as he lay upon the pyre, he revived, and after coming to life related what he had seen in the world beyond.”

    Like a lot of kids, I was drawn, almost hypnotically, to all kinds of mythology: Greek mythology, Egyptian, Aztec. I had no firm sense of what “mythology” really meant, nor the negative connotations it had in the eyes of the adult world, the “modern” world, the “enlightened” condescension with which grownups mentioned the term. To me, much like the Bible, these were historical records, stories of worlds and people and gods and monsters that had all existed at some point… a long time from now, a long way from here. They were real to me. 

    And I remember, somewhere in the softest parts of my young brain, being absolutely haunted by this story. I was afraid to even walk into our garage at night. I couldn’t help but imagine myself walking into the blackness down there, at the edge of oblivion, into a hopeless abyss of endless pain. Imagine yourself literally, not figuratively, going to hell and back. How, I thought, could anyone endure that? How could someone as real as me, my siblings, or my parents, someone real enough to hurt as much as I knew real people could hurt, someone who was a kid once, too, like I was—how could they survive that experience? How could they bear the weight of everything they saw? How could they possibly be expected to communicate that experience to those who could never truly understand? How would that person be in daily life, how would they relate to other people after everything they had been through? 

    I have been forever changed after witnessing firsthand that Eddie, the Er of our time, bore all the weight of the underworld not with the crushing bitterness and disfigurement of the soul that I expected, but with unimaginable kindness, with a fierce and undying love for others, and with an unwavering commitment to the struggle to fix the world that had so unforgivably wronged him.

    I never could have imagined that, decades later, the fates would be so kind as to give me answers to these questions when I was fortunate enough to cross paths with Eddie Conway. And I have been forever changed after witnessing firsthand that Eddie, the Er of our time, bore all the weight of the underworld not with the crushing bitterness and disfigurement of the soul that I expected, but with unimaginable kindness, with a fierce and undying love for others, and with an unwavering commitment to the struggle to fix the world that had so unforgivably wronged him. I never could have conceived that I would get the opportunity one day to hear him tell the story of hell that us fellow mortals need to hear, and to help him and our team at The Real News Network do that vital work. And when Eddie told that story, people listened. Because he didn’t just tell it himself—he committed himself, always, to lifting up the voices and struggles of those who have not only been victimized by, but who are themselves in the struggle to storm the gates and dismantle the man-made hell that is white supremacy, patriarchy, imperialism, and the monstrous, people-swallowing machine of the prison-industrial complex. Even now, as my heart breaks in unison with all who knew and loved him, I can hear Eddie in my head, speaking with all the tenderness of encouragement, but with all the seriousness of a command: Don’t stop doing this work, and never forget who we’re doing it for. 

    Even now, as my heart breaks in unison with all who knew and loved him, I can hear Eddie in my head, speaking with all the tenderness of encouragement, but with all the seriousness of a command: Don’t stop doing this work, and never forget who we’re doing it for. 

    Eddie was one of the main reasons I left my old job, in the middle of a deadly pandemic, to come work at The Real News. And in many ways, he is the reason I am still here. I took that leap in October of 2020 because, like Eddie, I believed in the mission of what we do here at TRNN, I believe that making media can and must play a vital role in the unending struggle for liberation, for a more just world, and for a future worth living in. But I came to TRNN specifically for the people at TRNN, present and past, people like Eddie, people like Mansa Musa, people like Cameron Granadino and Ericka Blount, and so many others, because they are the ones who have always made the mission something real, tangible, worthwhile—more than just words. Then, precisely one month after I started here as editor-in-chief, like many other media outlets, the financial shock of COVID-19 hit us hard, we lost a significant portion of our funding, and we lost half of the staff I had explicitly left my old job to come work with here. “Jesus,” I thought, “what the hell did I just walk into? What the hell are we going to do now?” I won’t lie, in the darkest moments during that very dark time, I wanted to leave. I never admitted that to anyone on our team, but Eddie was the one who heard it in my voice. When we spoke on the phone for the first time after we got the news, the first words out of his mouth were, “How are you holding up?” I was honest with him… there was no way not to be your most honest self when you were talking to Eddie.

    “It’ll be alright, man,” he told me. “You and me, we soldiers. We can’t stop, and we won’t stop.” I’ll never forget that. 

    Eddie was a caretaker. He took care of us. He took care of everyone who passed through The Real News.

    Eddie was a caretaker. He took care of us. He took care of everyone who passed through The Real News. Everyone I’ve spoken with, everyone who currently works or has worked at TRNN, has shared with me a version of the same story: they have told me that Eddie was their rock, he was their calm, he was their protector, the one who was always there to talk when they were feeling overwhelmed, when they were sad or frustrated, when they too were thinking of leaving, when the stress of the work was so intense that they could no longer remember why this work was important. We have come a long way here to rebuild TRNN in the past few years, and I realize now that, if it weren’t for Eddie, we would have had nothing and nobody to rebuild with. I will forever be grateful to him for that, for taking care of our people, and I have never been more committed than I am now to carrying on the work he believed in, and we will do that work in a way that would make him proud. 

    Eddie’s memorial service was held in Baltimore on Feb. 25, 2023. That was the first and only time I ever “met” Eddie in person, the first and only time we were ever in the same physical space together. Obviously, between COVID and dealing with the immeasurable toll that 44 years of incarceration as a political prisoner took on his body, Eddie had to stay remote during our time as colleagues. And even though we worked together every day, it was always through a screen. But, my God, I will always cherish those moments we got to share, or moments I simply got to witness, in those contexts. I got to see Eddie’s serious, stoic face melt into a smile when his dog Chunky ran in the room and interrupted a Zoom call. I got to hear him talk with a general’s precision about what stories we needed to cover on Rattling the Bars and why. But I think my favorite memories will always be the calls Eddie took on his porch, in his hanging chair, even when it was freezing-ass cold outside. I would glance down at my screen and see him listening to the call while looking off to the side, free, in the open air, looking out at the trees and street and cars with all the adoration and quiet gratitude of a child seeing the ocean for the first time, or of an elder seeing it for perhaps the last time… 

    I’ve spent much of the past year regretting all the conversations Eddie and I didn’t get to have (during our time as colleagues, we only published one conversation together). I still lament the time that was stolen from us, and I know I always will, but today I am grateful… “Many people see me only through a political lens,” Eddie wrote in his autobiography, which he coauthored from prison with his indomitable wife and fellow freedom fighter Dominque, “but I am a human being, with very human relationships.” Even though the most childish, self-pitying part of my heart is still upset about the questions I can no longer ask him myself, all the things I wanted to learn about him, I am so filled with gratitude that, before and after his passing, I have gotten to know Eddie better through those human relationships, by talking to the people whose lives he also touched—and he touched so, so many people’s lives. The world is in a dismal state, but it would be a lot worse off if we had never been blessed with Eddie’s light. I know that much. 

    The great Vassily Grossman once wrote: 

    “I have seen that it is not man who is impotent in the struggle against evil, but the power of evil that is impotent in the struggle against man. The powerlessness of kindness, of senseless kindness, is the secret of its immortality. It can never be conquered. The more stupid, the more senseless, the more helpless it may seem, the vaster it is. Evil is impotent before it. The prophets, religious teachers, reformers, social and political leaders are impotent before it. This dumb, blind love is man’s meaning. Human history is not the battle of good struggling to overcome evil. It is a battle fought by a great evil, struggling to crush a small kernel of human kindness. But if what is human in human beings has not been destroyed even now, then evil will never conquer.”

    He was the best in all of us, the embodiment of everything that makes humans worth a damn, an awe-inspiring example of the most inextinguishable part of the human will and what horrors a person can endure in the fight to be free.

    Anyone who knew Eddie knows that he was living proof of this. He was the best in all of us, the embodiment of everything that makes humans worth a damn, an awe-inspiring example of the most inextinguishable part of the human will and what horrors a person can endure in the fight to be free.

    I will never lose faith in what humanity can be, in the world we can still build, because I knew Eddie Conway. 

    This post was originally published on The Real News Network.

  • The crisis of mass incarceration is about more than the conduct of police officers—it’s a question of public expenditures, and how pouring taxpayer money into incarceration at the expense of other, more humanizing ventures takes a toll on society at large. As public schools and public health programs across the nation grapple with a host of preventable problems arising from underinvestment, state and local governments across the nation spend over $200 billion each year on prisons, jails, and police. Now, a new report from the Justice Policy Institute, “The Right Investment 2.0”, takes a detailed look at the “downward spiral” low-income, predominately Black and Brown communities across Maryland are forced into by this imbalance in public expenditures. T. Shekhinah Braveheart and Ryan King of the Justice Policy Institute join Rattling the Bars for a discussion on the report’s findings in Baltimore, and how an alternative model of community investment could combat poverty and crime without resorting to further policing.

    Studio / Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:
    Welcome to this edition of Rattling The Bars, a show that amplifies the voices of people who are disenfranchised, marginalized, and subjugated by offering solutions. Joining me today to talk about a report published by the Justice Policy Institute entitled The Right Investment, which examines how the lack of funding in neighborhoods, coupled with the lack of investment in housing, education, economic development, and public health devastates communities causing them into a downward spiral, is Shekhinah Braveheart, advocacy associate at the Justice Policy Institute, and Ryan King of Justice Policy Institute. Welcome to Rattling The Bars.

    T. Shekhinah Braveheart:
    Thank you. Thank you. Glad to be here.

    Ryan King:
    Thank you for having me.

    Mansa Musa:
    So let’s dive right into it. Justice Policy Institute published a report called “The Right Investment 2.0: How Maryland Can Create Safe and Healthy Communities.” Let’s start with you, Shekhinah. The reason why I’m asking this question is because there’s a whole lot of reports that came out about poverty and impoverished situations; One of the most infamous reports that came out came out in 1970. The Coroner Report, I think it was, where it talked about poverty throughout the US. What is so unique about this report and all its implications that, when you juxtapose against other reports, it doesn’t replicate what they’re saying, it has some individuality to it?

    T. Shekhinah Braveheart:
    Yeah. Right Investment 2.0, our newest report — And it’s an interactive report — Expands the scope of understanding by examining the impact of concentrated criminal legal involvement in specific neighborhoods coupled with the historic lack of investment in housing, education, economic development, public health, and how it creates this devastation and communities are locked into this downward spiral of disadvantage. And it’s historical, so this lack of investment and criminal legal involvement has this multi-generational impact.
    The one thing about this report is that it offers some perspective on how long-term and strategic investments can uplift even the most challenging neighborhoods. The problem is not insurmountable, that’s the difference. We’re not defining the problem, we’re looking and offering some perspective on how long-term — And I stress long-term because there’s been long-term investment in policing and prosecutors in prisons, but there’s rarely long-term in the points and the areas that I just mentioned to you — Strategic investments can improve the conditions that we found ourselves in in these Baltimore communities.

    Mansa Musa:
    And, in terms of Baltimore, well, we recognize that — Me in particular, I’ve served 48 years in the prison system in Maryland in particular. For 48 years, I served a percentage of it in the Maryland Penitentiary, I served at basically every institution with the exception of a few. But the majority of the population that was there when I first came in, was in Baltimore. I went into Maryland Penitentiary in 1973. The Maryland Penitentiary population in 1973, 75-80% of the population came out of Baltimore. In terms of the identity of Baltimore, Ryan, why did y’all dive down on Baltimore and not look across the board? Why did the report isolate itself to Baltimore in particular?

    Ryan King:
    Sure. There’s a couple of things: The first being Baltimore now is about 10% of the state population, but comprises about one in three people that are in state prison. So, a big chunk of the people that are locked up in state prisons in the state of Maryland came from the city of Baltimore. It is the largest city in the state. And it matters, I think, because it allows us, it gives us an opportunity, to dive deeply into specific neighborhoods.
    I think there’s this question about how policy affects crime, who’s being incarcerated, and to some degree, what effects that’s having on communities. And in a place like Baltimore, you’re able to go from neighborhood to neighborhood and see stark differences in a whole host of different indicators. So, you’re able to look at one neighborhood right next to another neighborhood, or a short distance away, that has high rates of incarceration, and then, as we’ve said earlier, is historically disadvantaged on education, on housing, healthcare, life expectancy. It’s just a myriad of different factors.
    And so, Baltimore gives us an opportunity to look at all these things. And I think what we see in the end picture is, really, this is what structural racism looks like. These are neighborhoods that are historically disadvantaged on almost every single indicator you can find. And oh, by the way, they also have the highest rates of incarceration. And that’s not some sort of coincidence, and so I think to be able to dive into a city, and then go neighborhood by neighborhood and be able to see that, “Wow, the neighborhoods that are having all of these problems also have these problems,” it allows us to step back and then, I think, begin to see that these things are all interrelated with one another. This is not a criminal legal issue, this is not a housing issue, it’s not an education issue, it’s how we invest in our communities.

    Mansa Musa:
    Right.

    Ryan King:
    And as Shekhinah mentions, when we think about police, prosecutors, and prisons, those are investments. We should be thinking about those as investments. Those are dollars going into the system and not into the communities; and these outcomes and negative outcomes that we see are direct reflection of that.

    Mansa Musa:
    And I like that, the way you frame that, because this is what I thought was unique about the report. Like I said earlier, there’s other reports that came out. Well, this is what I thought was unique about the report, was that it’s saying that, if we take and invest in creating holistic environments for people, then we won’t have what we know to be the Maryland prison system. So, I like that concept of investment.
    But, let’s peel back some of the layers of this report. Because the way the report was set up, you have categories. And in each category, or each topic, y’all make an analysis of how the socioeconomic political conditions contribute to, and then how the lack of investment help aid and assist in penalizing poverty. Let’s start with the communities of disproportion impact.
    Shekhinah, talk about that… What exactly do that mean to the lay person?

    T. Shekhinah Braveheart:
    Well, we looked at, I think it was, 60 socioeconomic indicators from each of the Baltimore neighborhoods that allowed us to explore the relationship more deeply between criminal legal system involvement and a lack of neighborhood investment. So, they’re broad. But, for instance, the same communities that are disadvantaged across the range of indicators are the ones with the highest incarceration, so they’re also the ones with a higher unemployment rate, the lowest of household incomes, the lower educational attainment, higher rates of violence, higher rates of health issues, cancer, other forms of mortality, lower life expectancy. These things parallel. Sadly. The same socioeconomic factors and public health across the board would equal the indicators or the conditions that I just outlined.

    Mansa Musa:
    So, for example is Sandtown-Winchester versus maybe Bolton Hill, or one of the more affluent areas in Baltimore. We was… Eddie Conway and a few other people, they had what they called the Tubman House, and they had a community center in Sandtown at the Gilmour in Gilmour Projects. And we was down there last year doing an event, and the community had been decimated. There wasn’t a lot of kids there no more. They had a lot of areas is boarded up. But I knew this, when I came out and I was in that area, I remember this area. Only, the way I remember this area was, a lot of the guys that was locked up with me came out of Gilmour Projects.
    So is this an indicator of what you’re talking about?

    T. Shekhinah Braveheart:
    Yes, it was, like you said, Sandtown-Winchester, Greater Rosemont, Harlan Park, Southwest Baltimore. We did the first TRI, The Right Investment, in 2015. Eight years later, those are still the top five most impacted communities. Eight years later.

    Mansa Musa:
    Okay. And Ryan-

    T. Shekhinah Braveheart:
    So, it hasn’t changed. If anything, it got worse.

    Mansa Musa:
    Yeah, exactly. No, I agree, because, like I said, I did all that time in the prison system. When I came out, we was in Baltimore doing some work, and this was the first time I had actually been out in the street and wasn’t handcuffed or riding in the van. And when I got out the truck, I realized, “I can walk up and down the street,” in my mind.
    And as I was walking up and down the street, I seen, the area I was in, I seen the devastation. I seen trash everywhere, boarded up houses every four houses. So, how can people have, how can the people have the psyche, the sense of community, how can I have a sense of community if, on the block I live, there’s 20 houses on the block, 11 of them is boarded up, and I’m in between whatever, and people just throwing trash out, whatever?
    But Ryan, talk about the community indicators in terms of how this report focused on and looked at some of the community indicators and how did they see these things came about.

    Ryan King:
    Sure. And let me just, share while I have an opportunity here to get a sense of the kind of numbers we’re talking about. We’ve mentioned a few neighborhoods here. And so, you mentioned Sandtown- Winchester, Harlem Park. So, just to give your viewers a sense, there’s a little under 11,000 people that live in that neighborhood. It’s 92.5% black, and there’s an incarceration rate of 2,562 per 100,000. So, 277 people in that neighborhood are incarcerated.
    Now, I’m going to compare that to Greater Roland Park, Poplar Hill, 7200 people live there. It is 74% white, only 9% black, and there’s one incarcerated person in the entire neighborhood. So, it gives you a little bit of a sense about what we’re talking about. And, your viewers can also go to our website, and Shekhinah mentioned it’s an interactive resource, so it actually allows you to go and float over each neighborhood and get a sense of what these numbers are. You’ll see time and time again, the neighborhoods they are 90-plus percent black are the ones that have all of the worst socioeconomic indicators and the highest rates of incarceration.
    And so, the community indicators, as you mentioned, we took a look at things like unemployment, household income, and poverty levels, but even things like Shekhinah had mentioned: health. So, around elevated blood levels. We looked at educational attainment, mortality rates, truancy rates, vacant-abandoned properties, and all of these, as you can imagine, the same neighborhoods I mentioned, Sandtown-Winchester, the highest arrest data, the highest calls for 911 service, the lowest rates of high school attainment. And then, if you were to flip to Greater Roland Park, Poplar Hill, you’ll see the exact opposite. I mean, it’s neighborhood after neighborhood.
    And these are all in the same city, all in the same state, so you should not be seeing these differences. Again, that’s getting back to your first question about the importance of being able to see it under one government in the city of Baltimore. These differences tells you that this is more than just a location. These are the results of direct decisions about where to invest resources and what types of resources to invest in.

    Mansa Musa:
    And like I said, I recall when I first came into the system in Maryland, in Baltimore in particular. I recall where we see the harbors at now, all the more affluent areas, they was like warehouses down there. The guys that was from Baltimore, they had all the high rise projects they was in, all of them came out them areas that they ultimately demolished. But that earned them areas, they later on became prime real estate. And now, what we see is the inner harbor and the money they invested in the harbor, you go a couple of miles left or a couple of miles right and you don’t see nothing but blight.
    In terms of that, how do we reconcile that when we have… In the city of Baltimore, how do you reconcile that in the city of Baltimore you have, up until O’Malley, you’ve had predominantly black administration? How did y’all report deal with that? Was that a factor that y’all took into account in this report?

    T. Shekhinah Braveheart:
    I would say, and I’m a Baltimore resident, I would offer that there are levels of leadership. Of course, there is the governor over the state, and then we have the various counties, and then we have the mayors of the city. It all comes down to where are they making the investments, what’s important to them. You talked about blight in these areas, just between a few blocks and another. I recently moved just 10 blocks. All I moved was 10 blocks. Where I live now, where I lived before, our streets were clean because there was a… What do you call it? Street sweeping truck? Sanitation truck; that came down our block twice a week and our block was clean.
    Now, just 10 blocks later, trash everywhere. But, this is a city service that our tax dollars pay for. Now, who decides what neighborhoods, what streets, get cleaned, and which ones do not? We would think that that would just be a service that’s offered across the board, but it’s not.
    So, it can be disheartening. It can be demoralizing for people who live in these communities, where half the block is boarded up, burned out buildings, busted windows, graffiti, all those things. It just creates that cycle. But decisions are made. So, one of the great things about this report, and others that are like it, is that it shines a light on what the problems are. And then we can make recommendations as to how to fix them, starting at the highest of the highest levels, all the way down to community partners, those who are closest to the problem, who can probably identify where the investment priorities should be better than anybody else because they’re closest to it.

    Mansa Musa:
    Right. And in terms of the health and wellness, we recognize that the high rate in mortality, we recognize that, in terms of the psychic of the people that Baltimore is known for, this is how they describe Baltimore in the criminal element. Say Baltimore is known as a heroin town, in terms of they sell heroin in Baltimore. So, in terms of the trauma that’s associated with this poverty, Ryan, talk about the wellness and the health and how that impacts on impacts the community overall.

    Ryan King:
    Absolutely. I mean, you’re talking about, in a lot of these communities we’ve been discussing, the actual state of the buildings, the street access to healthy food, which can be limited in a lot of these communities, and then also high rates of violence. Which, as you’re saying, it is traumatic to live in a neighborhood with high rates of violence; it is traumatic to live in a neighborhood with high rates of sickness and high mortality and lack of access to all the supports and services that an individual might need, that has access in other neighborhoods as close as 10 blocks away, as Shekhinah just mentioned.
    But I think that the reality of living in those communities, and what it is like, and what we hear consistently from people have to live in those communities, about the trauma of being subjected to the violence, the concern and worry for family members and loved ones going to school, going to work, those sorts of things, that has a cumulative effect. And, that when you have that concentrated to the degree that you do in the city of Baltimore and a lot of other cities across the country, it can be catastrophic for those neighborhoods. And, it really requires the kind of services supports for healing. We don’t have that in Baltimore. We don’t have that in a lot of places.
    So, when you ask people who live in a lot of these communities, what are they looking for? They’re not going to say, “Oh, we want 20% more people locked up.” They want to feel safe, they want to be healthy, they want strength and vibrancy in return to their community. And, that comes by investing in the people who live there. And that is, unfortunately, what we haven’t seen. I think why we are where we are, in a lot of ways, is precisely because we’ve had sort of this top-down approach. People from outside of Baltimore, for example, making decisions.
    We already know former governor Hogan. Baltimore was a popular punching bag for him whenever he needed to score political points. And, that is often the case for folks outside of the city; people thinking they know what’s best as opposed to saying, “Let’s talk to the people who are in these neighborhoods and let’s listen to them, ask them what they need. Let’s listen to them and then invest in those things.” And, that’s something that we haven’t tried, and that’s what this report is attempting to try to draw attention to.
    This is not about necessarily just police, prosecutors, and prisons. This is about how we invest in strength and strong communities, and we’re not doing that in places like Baltimore.

    Mansa Musa:
    And I want our audience to be mindful of this, that we’re talking about a community that was… I remember at one point in Baltimore when they used to have clean blocks. They used to have, with the Air Force, used to take and they had a competition in the city, in Baltimore city, and everybody would took a lot of pride in it, in their neighborhoods, would clean their block. Then they would give block party, or the Air Force and other stores would sponsor block party, and the community was like real vibrant. And then now, we see what we see now, which leads me to the next element, the redlining. Shekhinah, talk about the redlining.

    T. Shekhinah Braveheart:
    Yeah, I’m going to defer to Ryan on the history of redlining-

    Mansa Musa:
    Come on, Ryan.

    T. Shekhinah Braveheart:
    … In Maryland.

    Ryan King:
    Sure, sure. I do want to pick up, though. Just, I’ll talk about that, but I want to pick up on the comment that you had just mentioned before. What you’re describing is, in the academic literature, they call it collective efficacy. And, collective efficacy means that the people in the community can come together collectively and can effectuate change, right?
    So, you’re talking about communities that were strong. Why? Because the community members themselves took pride in them. And, one of the things that we see is that, and there is research, quantitative research, to show that the more you have system involved, more people being arrested, people coming in and out, incarcerated, being yanked on and off supervision and in out of custody, it destabilizes communities and it destroys those bonds.
    So, in reality, by bringing in this external force of the police to bring in safety and not trusting the community members, you’re taking away the ability for the community members to do the kinds of things you were talking about, to collectively create their own community, in the same way that a lot of other safe, healthy neighborhoods… Again, where a parent can see another kid down the street, a neighbor says something, intervenes.
    That doesn’t happen in communities where you have such high level system involvement. And so, we actually see crime rates in the communities with the highest rates of incarceration are higher. And the reason they’re higher is because a lot of what we know works to prevent crime has been destabilized. So, I think that’s a really important point that you raised, and I wanted to place that in that broader context.

    Mansa Musa:
    That’s an accurate articulation. Come on. Redline.

    Ryan King:
    So, as far as redline is concerned, you mentioned earlier regarding the Inner Harbor and the investment there, and it’s a perfect example, right? There were actual decisions made by federal agencies that determined the risk of loans being given for people to buy homes. And so, if it was you were in a green neighborhood, literally circled with a green pen, then that was considered low risk where banks would be loaning. There’s yellow, and then there was red. And, you can probably guess what red is. Red means these are high risk loan areas. Those red lines were drawn in neighborhoods and communities that were historically majority black.
    And so, in doing so, what banks said at that time, and this is all really sort of post-World War II 1950s, so the kind of big baby boom, when all of these neighborhoods and suburbs were growing up, that black families that were looking to also build and expand in the same way white families were literally blocked because banks were being told by the federal government, that, “Don’t loan to these individuals, loan to these individuals. If you loan to these individuals over here in the redlined area, it’s a higher risk of them not paying.” And that obviously has had tremendous consequences for those communities.
    If you look at the redlined neighborhoods in Baltimore, in the latter of the last 50 years of the 20th century, and then coming into the beginning of the 21st century, unsurprisingly, the communities where there was investment, where there people were put down roots and built homes and built families of multi-generational, those communities are doing well. The ones that were redlined are not.
    So, those are… It’s critically important. This is not by some coincidence. These were direct, deliberate decisions made. They were made primarily because of racism, because these were neighborhoods that were predominantly black. And, here we are, 70-some years later, and we’re seeing all the consequences of that continue in a lot of these neighborhoods. So, we created these problems. But the good thing about that is we can fix them.

    Mansa Musa:
    And I think… Then we moving now to the next step. Come on, Shekhinah, what is the next step? Because, we recognize, and let me frame this: we recognize that you’re being penalized for poverty. This report recognize that there are impoverished communities; the people that’s in impoverished communities, they’re going to be penalized, locked up, or subjugated to some type of social system that relegates them to being ineffective. In terms of the next step and investing in changing the narrative, talk about that.

    T. Shekhinah Braveheart:
    The bottom line to me, and based on this report, is investing in communities is the best public safety strategy. We had just had, a few weeks ago, the state governor and his… I guess it was his official press conference of the year, 2024, talking about his policy priorities. And, a lot of it was around investments.
    I was happy to hear that he talked a bit about communities that have been traditionally historically disadvantaged, but I’m hoping that he really walks the walk in this situation. Because, this is what the problem is. They talk about the high crime rates, the violent crime, the gun violence, the youth violence, the issues with juvenile justice. They want to roll back all the reforms that we fought so hard for over the past 5-10 years around criminal justice reform and juvenile justice reform. And they sort of have it backwards, right?
    The investments should be on the front end, investing in these communities, and that is what builds the public safety. You talked a little bit, and Ryan talked a little bit, about the closeness in communities, people taking collective responsibility for what goes on in their communities. That’s a part of it, but there needs to be this… You need to establish sustainable funding sources to ensure support for both immediate and long-term investments.

    Mansa Musa:
    Right. And, you know what I think as we get ready to close out on it? I think that we need to recognize that that really is the solution. Because, this is what y’all offering. Y’all saying 2.0, and we invest more monies into quality education institutions that provide quality education; stop having food deserts, invest in communities, and put stores in them communities, public housing. Because a person living in public housing don’t mean that they want to live in a rat infested environment or environment where trash is not collected.
    Ryan, talk about some of the solutions that y’all… Because y’all were saying, look at private funding, track and monitor policies and program development, to ensure that it’s improving the assets needed and scaling to the community. Talk about some of these things as y’all outlined how to make these investments, and more importantly, how to monitor and track them to ensure that we’re not giving lip service to a problem, or the money’s not going in the hands of poverty pimps.

    Ryan King:
    Right. So, the simplest solution is we need to listen to people who live in these neighborhoods. There are examples of this in other states, what are called community public safety investment, where community leaders partner with elected officials, with practitioners in the local or state government, where they take some dollars and resources and they invest them in certain interventions. They work with the community. The community themselves builds a plan, where they’ll have community leaders will come and say, “Here are the things that we are looking for. Here are five things that we need.”
    And then you can have technical assistance. Individuals can come in and help work up a strategic plan, work up a budget. And, we’re not talking about… I mean, you think about the hundreds of millions of dollars that are spent every year on police and locking people up. For a small fraction, a small fraction of that, we can invest in these communities.
    A lot of times, people are talking about community centers. They want parks, they want better lighting on the streets. They want clean streets. They want abandoned buildings to be cleaned up. These are little things that can be done that have a tremendous impact on public safety. And that, to me, I want to pick up on the point that Shekhinah made.
    Community investment is our most and best, most effective public safety strategy. And, we have data to prove it. There has been research that has shown that, during declines in crime in the last 20-30 years, that community-based organizations were a huge factor, that neighborhoods that had more engaged, more involved community-based organizations had better outcomes when it comes to crime. This is not rocket science. This is basic stuff. You invest in people, you have better outcomes. We know that. That’s why we have an educational system. That’s why we do this all across the country in a lot of different spheres. We just have to have this orientation when we think about what we’re doing in our neighborhoods.
    And as I said earlier, it is an investment choice, a dollar in policing or a dollar to building a community center, pre-K, nurse home visiting for, and family partnerships, for young mothers; all of these factors out there that we’ve seen have effective outcomes long-term for individuals and reduce crime. That’s where our money needs to be going.

    Mansa Musa:
    All right. And, as we close out, both of y’all can answer this. To the lay person… How do you want me to receive this report as a lay person? I’m the person living in Sandtown-Winchester. I’m the person that’s been raised, I’m the grandmother that raised the whole neighborhood, and I can’t move, but I know that I’ve got historical data to say that I lived in a [inaudible 00:30:12]. How do you want me to receive this report? Start us out, Shekhinah.

    T. Shekhinah Braveheart:
    I would want you to receive the report, that grandmother, that mother, those people who live in the communities, to use this report or see it as a resource. Because, it provides the information. All it’s doing is confirming what you have seen your entire life. We’ve given you the numbers, the statistics around the reality that you have lived. Now, you can take that information and go to your leaders, elected officials, on a community level, on a local level, on a city level, county level, and state level, and take that information to them and demand that, “Okay, you put the investments. The money is here, you’re spending tax dollars on all this other stuff. The money’s there. We’re asking you to put it in these particular areas. And we can tell you from our firsthand experiences that this is the problem.”

    Mansa Musa:
    Right.

    T. Shekhinah Braveheart:
    “And this is the solution.”

    Mansa Musa:
    Right. I like that. Ryan?

    Ryan King:
    Yeah, I mean, I would just add, I think these are data that… Elected officials in Baltimore and elected officials in Annapolis need to see these and say, “What’s going on here? This is not defensible. We cannot be 2024 in the United States of America, the wealthiest nation on earth, and have these neighborhoods that are failing on every single possible social indicator.” It is unacceptable.
    And so, as a resident, we now have these data. I find them… We have known this stuff for a long time, but still, when you see these numbers, when you see it on a map and see how shocking it is, and to go and say, “What are we going to do? Explain this to me, as your constituent, and what are we going to do to make this differently? How do we get resources into these communities?” I would agree. I think that’s a resource to try to hold our elected officials and stakeholders accountable

    Mansa Musa:
    And Shekhinah tell our audience how we get in touch with you, how they can get in touch with you and get a copy of the report.

    T. Shekhinah Braveheart:
    Yes, you can just go to the Justice Policy Institute website, justicepolicy.org, and you can reach out to me directly at tbraveheart@justicepolicy.org

    Mansa Musa:
    And Ryan, how they can connect with you?

    Ryan King:
    Same web address. My email address is R King, R-K-I-N-G, at justicepolicy.org.

    Mansa Musa:
    There you have it. The real news. Thank you, Shekhinah Braveheart and Ryan King for joining me as we rattle the bars. We ask that you continue to support the real news and rattling the bar, because guess what, we really are the news.

    This post was originally published on The Real News Network.

  • Edmonton police recently arrested award-winning Indigenous journalist Brandi Morin as she was covering their raid of a local homeless encampment. Morin, who has contributed a number of stories to The Real News, including original documentaries Killer Water and Thacker Pass—Mining the Sacred, speaks with Taya Graham, co-host of Police Accountability Report, on her arrest and the deeper systemic issues of police abuse and anti-Indigenous racism in Canada.


    Transcript

    Taya Graham:  We all know that the incredible power we bestow upon police is easily abused. There are so many examples, it would take the entire podcast to recount just a sliver of them.

    But when law enforcement overreach and journalism intersect, it’s particularly troubling for a variety of reasons. Least of all is simply the notion that if police feel empowered to arrest someone for reporting, it would be an all-too-easy way to suppress one of the most effective checks against the abuse of police powers.

    And that’s why today we are talking to an incredible journalist who just experienced this type of abuse of police power. She’s someone who’s well known to Real News listeners for her outstanding work chronicling the fight of Indigenous communities against the greed of mining companies in both Canada and the US.

    Her name is Brandi Morin. And she produced, in conjunction with Ricochet Media and The Real News, two outstanding documentaries, along with other pieces.

    Her documentary, Killer Water, exposes the long-hidden truths of big oil’s operations on the health and environment of local First Nation communities. Her other film, Thacker Pass, exposes the efforts to mine Lithium from sacred land in Arizona, and asks hard questions about the lesser-known costs and impacts of green energy initiatives. Both films exemplify her brand of hard-hitting narrative storytelling.

    But recently, while she was covering a police raid of a homeless encampment in Edmonton, Canada, she found herself in the unwelcome position of being arrested and charged simply for reporting.

    At the time, she was doing what encapsulates the heart of her work: exposing the abuse of others at the hands of state power. And to discuss what happened, the consequences for independent journalists everywhere, and how she’s fighting back, we are so happy to be joined today by Brandi Morin for this special edition of the Police Accountability Report podcast. Brandi, thank you so much for joining me.

    Brandi Morin:  Tânisi [hello], it’s great to be here. Thank you for having me.

    Taya Graham:  So Brandi, first let me just get right to the heart of it. Can you tell me what happened on the day of your arrest? What were you documenting at that time before you were arrested?

    Brandi Morin:  Yes. So I was in the city of Edmonton in Treaty 6 territory, not far from where I live, documenting an Indigenous-led encampment that was being evicted by the city that had been doing a number of sweeps of tent encampments across the city. And police were enforcing these injunctions.

    So, I had been at this particular camp for a couple of days. The police had been there the day before, and they had managed to negotiate with the Indigenous people camping there to only take down a few of the structures that were not inhabited by anybody living there.

    So I’d gone back on the second day, which was last Wednesday, to do more in-depth interviews, to get the experiences of the people living there. I had been in a teepee structure, which was home to the camp leader, Roy Cardinal, he’s also known as Big Man, and was doing interviews. They were drumming and singing in there.

    Somebody came in and said, the police are here. I went outside and saw that the police were putting up yellow crime scene tape around the perimeter of this approximately two-acre city-owned lot where this encampment was, and there was several of them amassing.

    A few minutes later, Big Man, some other people that lived in the camp, as well as supporters, came to address the police. And the police said, we are here to dismantle this camp. We have warming buses waiting if you want to go and sit on these buses. Because it was extremely, extremely cold. And they said, you have the opportunity to leave peacefully, or you are going to be forcibly removed, and your encampment is going to be taken down anyway.

    So Roy and the others, they refused to leave. Roy looked at a couple of other Indigenous men that were with him, and they were carrying ceremonial items. And he said, okay, eagle feathers up boys. And they put their hands up in the air with these eagle feathers.

    So the police moved towards Roy. I was filming it with my iPhone, and chaos completely broke out. People were screaming, there was snow flying everywhere from the boots on the ground.

    And one of the officers came up to me and said, move, you need to get back behind the yellow tape. And I stated that I was media, that I was there to document, that I wasn’t going behind the tape. Now, oftentimes police will create these, what they call exclusion zones for the media. But this yellow tape that they had created was too far away to be able to see and accurately document what was unfolding.

    Taya Graham:  Could you estimate what that distance is? Because I’m very interested in these exclusion zones.

    Brandi Morin:  Yeah. So one of them was at least 40, 50 feet away. The other one that they were pushing me towards the side was probably 30, maybe more feet away. It was pretty far.

    Meanwhile, the scene is unfolding. There are other people there filming. There was no media inside. So I think that the media may have, the mainstream media, that they may have been tipped off that the police were coming to do this raid. Because before I went into the teepee, there was no mainstream media there. And then when I came out, there was some there with cameras behind the yellow tape, along with the police.

    So I seen them way back there. I was already inside doing this work. And next thing I know I was handcuffed and led to a paddy wagon, and then taken to downtown police headquarters. Held for five hours, which I’m told by one of my lawyers that that’s pretty unprecedented for police to hold somebody with no criminal record for obstruction for five hours, when I should have been held for maybe a half an hour at the most.

    So when I was released, they had me sign a form with a promise to appear in court and said that I was charged with obstruction.

    Taya Graham:  What’s interesting to me is that, as I was doing my research for this, I noticed that the police cited that this exclusion zone, and also the city of Edmonton said this as well, that this distance is for your own protection.

    So you’re arrested, you’re cuffed, and you’re given a criminal offense: obstruction. Do you feel like you were protected during this experience?

    Brandi Morin:  Yeah, you know what? No. I felt like I was there doing my job. And from the people that I spoke to on the ground, who were dealing with police, they told me that they felt unsafe. Because the police had the power in this situation. The police had these weapons.

    And in Canada, Indigenous people are 10 times more likely than a white person to be shot and killed by police. The violence against Native people in this country is massively high, especially in all of these different systems by police.

    And again, this is not my first rodeo, so to speak. I have documented police actions on various land defense actions or blockades.

    Taya Graham:  That touches on something I wanted to ask you about. You mentioned that there’s a higher rate of police brutality, police violence against Indigenous people. You’ve documented some really forceful removal of residents from these encampments. Can you describe some of what you’ve witnessed and how it’s affected those who are living there?

    Brandi Morin:  Unfortunately, that day I was arrested and taken away and unable to see with my own eyes the full extent of what went down. I’d seen Big Man being jumped on by multiple officers. Afterwards, I saw footage of him being let away with blood in his mouth. He’s 51 years old.

    And these are people that are experiencing a lot of different struggles. They are living in vulnerable situations, being unhoused many times, dealing with mental health or addictions and the fallouts from different traumas, especially Indigenous people — Which by the way, in the city of Edmonton, 60% of people that are living unhoused are Indigenous people, despite Native people only making up 6% of the total population.

    Taya Graham:  That’s incredible.

    Brandi Morin:  Yeah. Our people are very highly overrepresented in this situation, and they are roughed up by police on a continual basis.

    The day before this happened, there was a young Blackfoot Dene man who was there just as an observer to support the campers. He’s a volunteer with the Bear Claw Patrol, which is an Indigenous-led organization that provides support and outreach to people living on the streets.

    And he was arrested violently by police. Now, there is video footage that is circulated online about this whole experience. He had multiple officers piled on him. One officer had their knee on his neck. Very traumatic experience for him. So we know that this violence is there and we know that the potential is there for police to kill.

    Even just in December, Edmonton City police shot and killed a young Indigenous man from Alexander First Nation on a wellness check. They shot him six times to death. And these are instances that are regular and the norm across the country for Indigenous people. So I felt that it’s my responsibility as a Native journalist who specializes in amplifying Indigenous experiences and stories to stay in that situation, to document what was going on.

    Taya Graham:  Something that, as an American and a criminal justice system reporter here, I have a tendency to focus on what’s happening within our borders. But I did have someone reach out to me about Taylor McNallie, who was a protester, who was imprisoned during a Calgary protest against police brutality against Indigenous people and people of color. And that she was accused of obstruction, among other charges.

    And I think this protest was sparked by a horrific video of police brutality that occurred within a correctional center. I believe it was a woman of color named Dalia.

    But then I also saw William Ahmo, who was forced to the ground by correction officers, I think in 2021 at the Headland Correctional Center in Manitoba. So I’m seeing these instances of brutality that are recent and are startling on video, but I can only imagine that this issue of brutality started long before then. Can you talk a little bit about this brutality that we’re seeing aimed against Indigenous communities?

    Brandi Morin:  Yeah. This is something that Native people have experienced since the policing systems were established in Canada. It started with the RCMP, the Royal Canadian Mounted Police, that were established literally when this country was born. They were established to clear the plains of the “Indigenous problem”.

    And all of these various policing systems stem from that oppressive and colonial system to enact the will of the interests of the state of Canada against Indigenous peoples, whether it was stealing Indigenous lands or porting our people onto reservations.

    The policing system, the RCMP, played a role in forcibly removing Native children from their homes and sending them to Indigenous residential schools. There’s just a long and very troubled history between the police, between all of these various powers that be within this country.

    Taya Graham:  I have to admit, as an American, I thought we cornered the market on police brutality, but it seems like there is a fair share in Canada as well.

    So when I look at police brutality in the US, I would say, as a gross oversimplification, we see a lot of physical violence against minority communities in the cities, but we see economic violence against white folks and lower income folks in the more rural areas. So I’m just curious what police aggression and misconduct looks like in Canada.

    Brandi Morin:  Wow. Okay. So when you’re saying economic, do you mean they’re more…?

    Taya Graham:  So when I say economic violence, let me give you an example. In West Virginia, there’s a small town of Milton, about 2,500 people. And one of the things that was occurring was severe traffic enforcement, where people were just a taillight out, not having a license plate light over their tag, just these tiny things that were causing people to get these traffic fees.

    And they would have court costs, their cars would get impounded, they might get an FTA for failing to appear, and it would just suck them into the system and bleed folks dry. Folks who maybe have $500 in their savings account now are completely wiped out. So that’s what I mean by that economic violence, where they’re pulled into the system and that they’re just constantly extracting wealth.

    Brandi Morin:  From what I document and I witness, the tactics of police are more the physical violence and the rotating of people within these different systems. Like in Canada, the number of Indigenous people in the prison system is insanely high, even for women.

    For Native women in Canada, they represent even more than Indigenous men in the prison system. They make up more than half of females in the prison system, but make up less than 5% of the total population. So this is a really widespread, systematic issue.

    And then we have different policing systems that are tribally operating on different nations and different jurisdictional issues there, or communities trying to establish their own Indigenous justice systems.

    But a lot of the violence is widespread. It doesn’t discriminate. They are targeted from coast to coast to coast in this country. From the beginning, the dominion of Canada established its army of a foreign force against Indigenous people to keep Indigenous people under its control through the RCMP and its foundational principles, which trickled out into all of these police forces under colonial rule.

    Taya Graham:  That’s incredible. And I really appreciate you giving me this background, and also the folks who are listening, giving them this really important background to understand the root of this so, when we see these flashes of violence, we understand the history that lies behind it.

    Something that I just couldn’t let go of, you mentioned that you were inside the tent, and there weren’t any mainstream media there. But when you popped out the tent, there was a bunch of mainstream media behind the yellow tape safely standing there. And I’m wondering if you could talk to me a little bit about the differences you might see in the narratives when mainstream media is covering the story of the encampments being torn apart versus an independent journalist like yourself, and a journalist who is from an Indigenous community, as well.

    Brandi Morin:  They are doing the job that they’ve been trained to do, and they are telling these stories, a lot of the time, from that colonial status quo lens. They take, at face value, a lot of the time, the direction of police and the information from police and other authorities as to what is happening.

    I do a lot of in-depth reporting. I was there inside with the experience of the people having an understanding of the culture, having an understanding of the discrimination and the different experiences that they are living through.

    Honestly, though, when this was all going down, when I was inside, and arrested, the mainstream cameras, some of them were pointing at me as this was going down. Meanwhile, all of this chaos is happening with a group of people that are having this confrontation with the police, and people are being roughed up and taken down. And I was horrified and embarrassed and humiliated.

    My dad called me later that night and said, hey, what’s happening? I saw you on the news and I saw them hollowing you away. What’s going on? What are you doing? I felt like I was some sort of renegade, and yet I felt that what I did in that moment was the right thing to do, that I wasn’t standing outside and behind these yellow lines to document from afar what was going on. But I was in there helping to give voice to the actual situation up close and not trying to focus in from afar.

    But honestly, I heard from other journalists that had been covering these sweeps of the encampments that the police had previously been doing over the last couple of months, and they expressed frustration with the police for setting up these exclusion zones so that they couldn’t document what was happening.

    Taya Graham:  It’s interesting, because you mentioned the camera focusing on you, you being taken away, and to me it sounds like, what I’m getting is sort of the sense that this was humiliating, that this was —

    Brandi Morin:  Oh, absolutely.

    Taya Graham:  So that disappoints me and surprises me a little bit because, usually, even mainstream media will acknowledge, hey, one of ours, a journalist got taken in by police. We’ve all had the experience — Or well, maybe it’s just independent journalists who’ve experienced this, of getting yelled at for having a camera out or trying to ask a question, be told to be pushed back, had our First Amendment rights infringed upon.

    So I’m curious, do you feel like, when they reported on you, it was in the lens of solidarity, or do you think they were just simply pointing at you?

    Brandi Morin:  It was pointing, and I honestly did feel like a criminal. However, that was happening on the scene. I have received an enormous amount of support from my colleagues at the Canadian Association of Journalists, Reporters Without Borders, and other organizations.

    One of my good friends and colleagues who I’ve done extensive work with, by the way, we’ve won huge international awards for the work that we do, her name is Amber Bracken. Now, she had been embedded with Wet’suwet’en land defenders in November of 2022 and was arrested when the police came in there with assault rifles and attack guns to remove the land defenders. She was arrested and jailed for four days, and charged. This is something that she had experienced as well.

    But it’s been a lot of different emotions. For me, I didn’t have the chance to go and take a breath. I needed to go back out there and finish the job that I was doing and chase the story and find out what was going on and happening with these people. I didn’t have a chance to unpack the experience.

    And it hit me, it hit me days later, and I’m still dealing with it. It’s not fun, and I just want it to be behind me. I want to be able to do this work and be clear headed mentally, emotionally, and spiritually to be able to do it. And I wasn’t expecting to be affected as much as I have been by the situation.

    Taya Graham:  I do absolutely understand that. A lot of time as journalists, we absorb things, and we keep absorbing them, and we don’t realize the full impact that they’re having upon us and on our spirits. That’s something that I’ve been recently dealing with because, for my line of work, I consume a lot of body camera footage, and also autopsy reports, and that’s something that I am still learning how to process.

    But that brings me to another question I had about being an independent journalist, which is, as independent journalists, we have a different set of tools at our disposal than the mainstream media does. We may be small, but we’re nimble. We have connections to the community that they don’t.

    So I’m wondering, we do have some things in our corner, but do you think the tools that you have as an independent journalist, do you think they’re working? Do you think it’s having a meaningful impact on the national conversation around these issues? Or do you feel that the mainstream media is still dominating?

    Brandi Morin:  That is my hope. I’ve questioned a lot over the past week about the work that I do because I am extremely passionate and dedicated to this work. I’ve been doing it for 13-plus years. And I just called Amber last night, who had been arrested and jailed and went through this.

    I called her. I was crying, and I said, is this worth it? Is this work even making a difference? Does anybody even give a crap? And she said, Brandi, just check your ego. Just, you got to step back and let the work speak for itself, and put it out there. I hope that it’s making a difference. I hope that this work is taken seriously, and I hope that me, as a journalist, and the work that I do is taken seriously, because I worry about the impact that this has had on my reputation and the work that I do.

    Taya Graham:  As I was thinking about mainstream media, one of the things that mainstream media does well is they repeat, sometimes word for word, press releases or the word that comes down from City Hall. So in this case, Edmonton’s mayor has said that there should be a declaration of an emergency around homelessness.

    And I would say, well, considering that there’s freezing temperatures, people could literally die from exposure, I think it’s fair to say that there should be an emergency. That’s an immediate crisis. But what do you think the actions of the city should be? Because the declaration of emergency that’s coming from your mayor may continue to take the actions of encampments being torn apart, people taken only to temporary shelters. What would you like to see your city do to help the unhoused folks of Edmonton?

    Brandi Morin:  Yeah, I interviewed the grand chief of the Confederacy of Treaty Six just a couple of nights ago, and he was speaking to the intergenerational trauma that a lot of our people experience, and how important it is to address the crisis of the fallout of the Indian Residential School system and all of these different systemic injustices that our people continue to experience, and how the focus needs to be on providing the resources and Indigenous-led solutions for the healing of our people.

    One thing that he said to me that really stood out was, how can we heal when we still have tears in our eyes? I think it would be helpful if a lot of these root issues were addressed, as well as the inadequacies in affordable housing and all of these complex intricacies in regards to funding shortfalls and such that are also service barriers.

    Taya Graham:  Affordable housing is an issue that we have been struggling with in my city, Baltimore, as well. I remember speaking to Jeff Singer, who was the director of Health Care for the Homeless here, and a great advocate for the community.

    I said, well, Jeff, what do we need to help the homeless in our city? He said, put them in homes. He said, and not shelters — Homes, permanent homes. That’s what you can do. Don’t create these barriers to entry. Give them the housing and the rest can follow. The getting well, the healing of various issues and various traumas that people have to process.

    If you didn’t have trauma before you were on the street, you’ve got trauma now that you’ve lived on the street. You need time to process that. So he said, just get them into homes. The rest will follow and I’ve always remembered that Dr. Singer said that to me.

    You mentioned the trauma of being jailed, being held, and you didn’t know when you were going to be let go. Having your power taken away by that is an incredibly dehumanizing experience. I know your first court appearance, I believe, is in February. What are you hoping for the outcome, or rather, what are you expecting to be the outcome from this process?

    Brandi Morin:  Well, I’m hoping that the charges will be dropped and that I won’t have to go to court. I don’t want to show up to get fingerprinted before then and have my prints in their system. I am hoping that this will all be resolved so that I could just keep doing this work with a clear head.

    Again, I don’t know. I don’t really know where they’re at, if they are planning to make an example out of the situation, or whether a prosecutor will look at this on his desk and say, well, this is not in the public interest to pursue these charges against a journalist, and throw it out, which I’m hoping will be the case.

    Taya Graham:  Well, I know we’re hoping that will be the case as well. I just wanted to thank you so much for your time and for the incredible work that you’re doing helping to highlight voices that are not just often ignored, but are actually suppressed. I just want to thank you for doing that with so much strength and with so much eloquence.

    For anyone who’s listening right now, please make sure to read Brandi Morin. Don’t just watch her documentaries, which are beautiful, but also read her. You’re an incredibly eloquent writer.

    Brandi Morin:  Well, thank you. The first feature from the incidents that unfolded this last week is going to be published tomorrow, so please check that out. I bring you inside of the encampment, and you’ll get to know the people and be brought into the scenes of what went down there.

    Taya Graham:  Thank you so much. I’m looking forward to reading it. And I want to thank you for sharing your experience that also shows the value of this journalistic freedom of independent journalism. We’re going to continue to follow your story, and we, of course, wish you the very best in your upcoming court appearance.

    I want to thank whoever is listening right now for taking the time to listen. Whether you have our shows on while you’re making coffee in the morning, or you put your podcasts on when you’re commuting, or during the workday. We’re committed to bringing you independent journalism that’s ad-free that you can count on, and we care a lot about what we do.

    It’s through donations from dedicated listeners like you that we can keep doing it, so please consider becoming a monthly sustainer of The Real News by heading over to realnews.com/donate.

    If you just want to stay in touch and get updates about our work, then sign up for our free newsletter at therealnews.com/sign-up. As always, we appreciate your support in whatever form it takes. I hope you will join me here for another podcast or another full video episode of the Police Accountability Report on YouTube. And as always, please be safe out there.

    This post was originally published on The Real News Network.

  • Disgraced former Baltimore Police Sgt. Ethan Newberg has pled guilty to making at least nine illegal arrests during his time as an active police officer—and, despite damning video evidence, faces no jail time. Police Accountability Report returns to the case of Newberg with a look at two videos released as a result of the Baltimore District Attorney’s 32-count indictment against Newberg. The footage demonstrates not just Newberg’s capricious and often violent use of police power, but the culture of obedience and corruption within the police department that fosters and enables such behavior. Taya Graham and Stephen Janis discuss the wider implications of the Newberg case on not just the city of Baltimore but the question of police violence at a national level.

    Production: Stephen Janis
    Post-Production: Stephen Janis, Adam Coley


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible. And today we’ll achieve that goal by showing not one but two arrests by an officer who believed he could arrest someone without an underlying crime, an illegal use of police power that when you hear and see how this officer justified putting innocent people in handcuffs, I think you’ll just be stunned. It’s an example of just how dangerous the power of law enforcement can be when it goes unchecked. But before we get started, I want you watching to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com or reach out to me on Facebook or Twitter @tayasbaltimore and we might be able to investigate for you.

    And please like, share and comment on our videos. It helps us get the word out and it can even help our guests. And of course, you know I read your comments and appreciate them. You see those little hearts I give out down there, and I’ve even started doing a comment of the week to show you how much I appreciate your thoughts to show what a great community we have. And we do have a Patreon for accountability reports. So if you feel inspired to donate, please do. We do not run ads or take corporate dollars. So anything you can spare is truly appreciated. All right, we’ve gotten that out of the way.

    Now, often on the show we focus on the video of a cop doing something inexplicable, jaw-dropping or just plain illegal, overreach through over-policing that needs to be exposed, but sometimes leaves us in the dark as to why it occurs at all. But now I’m happy to say that we have been able to obtain what could best be described as a video library of bad policing, a rare, and I mean rare glimpse into how unleashing unfettered police power on a community can be as poisonous as the social ills they purport to solve.

    The videos themselves are the result of a 32 count indictment of Baltimore Police Sergeant Ethan Newberg. Newberg pleaded guilty to making nine illegal arrests, which were caught on body camera by the office of our former City State’s Attorney Marilyn Mosby. That’s why today I’m going to talk you through several videos that depict multiple arrests for simply standing on a sidewalk, talking back to an officer, and yes, allegedly running from him, which incidentally is not a crime, but it’s not just the unlawful detainment you’ll see as we review the evidence. Now, you’ll also witness, I think, with a profound clarity how bad policing works beyond the confines of a single corrupt cop. You’ll see a series of inexplicable decisions, bad faith actions, and outright illegal use of police power that will connect the dots in ways that, as I said, will pull back the curtain on how bad policing is designed to work, for lack of a better word.

    Now, the first encounter begins in March of 2019. There a man had been placed on the sidewalk by police for reasons that remain mysterious. As the arrest unfolded, residents also happened to be on the sidewalk across the street, exercising their first amendment right to peaceably assemble. But shortly thereafter, Sergeant Ethan Newberg arrives on the scene and begins conversing with a fellow officer, and from there they make a fateful decision. Take a look.

    Speaker 2:

    This guy right here in the glasses.

    Speaker 3:

    Huh?

    Speaker 2:

    This guy in the glasses here. Remember him running from us that day?

    Speaker 3:

    I don’t think so.

    Speaker 2:

    Come on, take him.

    [inaudible 00:03:48].

    Taya Graham:

    That’s right. Come on, take him. I mean, what does that even mean? The officers weren’t alleging the purported suspect was committing a crime or engaging in illegal behavior. In fact, the cop he talks to doesn’t even remember the so-called running crime that Newberg invokes. But they still continue without evidence. Just watch.

    Speaker 2:

    [inaudible 00:04:12].

    Speaker 3:

    Really?

    Speaker 2:

    Take him.

    Speaker 3:

    Put your hand behind your back, stop fighting.

    Speaker 4:

    I ain’t doing anything. I ain’t even [inaudible 00:04:38].

    Speaker 2:

    Disorderly.

    Speaker 4:

    Come on bro. You don’t got no right to lock me up, bro.

    Speaker 2:

    Well, that’s funny because I’m locking you up.

    Taya Graham:

    Now, I just want you to think about what you just witnessed, not just the act that despite the lack of evidence and multiple officers who participated in this illegal arrest, but something even more troubling. That a government, our government aided and abetted in the illegal caging of a human being, that this group of officers at the behest of a democratically elected government use the powers conferred upon them to illegally take a man’s freedom. Just look.

    Speaker 4:

    I think you don’t got nothing, bro. I’m just trying to… just chilling, bro.

    Speaker 3:

    You got nothing down here Keyshawn?

    Speaker 4:

    Come on, bro. I don’t got nothing, bro. I don’t know why I’m getting arrested, bro. Come on bro. I ain’t do nothing to this man.

    Speaker 3:

    Face me. Face me.

    Speaker 4:

    Ain’t do nothing to this man, bro.

    Speaker 2:

    Hey, you want to run him in?

    Speaker 3:

    Yeah.

    Speaker 4:

    No, wait.

    Speaker 3:

    Come on.

    Speaker 4:

    What the fuck, bro?

    Speaker 3:

    To the car, to your left. Where’s your car at?

    Speaker 2:

    You know me bud. You know better than that.

    You got to show off? What happened?

    Taya Graham:

    Now remember, because this man that only Newberg recognized as a runner was never ID-ed, there is no confirmation that this is the same man. And again, simply running when you see a cop isn’t a crime. And you may have also noticed that the officers did not find anything illegal on his person. So now after illegally arresting one man, Newberg continues to threaten others. Just watch.

    Speaker 2:

    You guys going to walk? There’s plenty of room. Take a walk. Say something. I want you to.

    Taya Graham:

    And then of course Sergeant Newberg lied. And believe it or not, he did something even more troubling. Just look.

    Speaker 4:

    Can you tell me why I’m getting locked up?

    Speaker 2:

    I already told you why you’re getting locked up. Disorderly. You put my officer’s safety in jeopardy. You incited a crowd.

    Speaker 4:

    I’m over here, bro. Oh my God.

    Speaker 2:

    You incited a… you better take a walk. Okay, I’m going to treat you like a child on a count of three and then I’m going to put you in timeout.

    Speaker 4:

    Hey, yo.

    Speaker 2:

    Oh God.

    Taya Graham:

    Seriously? Time out? I’m going to treat you like a child? All of this, all of this, while he and the other officers laughed like this whole ordeal was funny, caging a man and twisting the law to suit their needs was just a lark, a fun story to tell the other officers at the water cooler later. But this is just the beginning of what I promised at the top of the show because just one month later, Newberg and his colleagues were at it again. This time in a different part of the city, both the exact same MO. Take a look.

    Speaker 2:

    He is. He’s going to bolt. Hey boss.

    Hands behind your back. Put your…

    Taya Graham:

    Now notice that Sergeant Newberg does not ask the man to comply or says a single word about why he’s doing what he’s doing. He doesn’t announce or identify himself. Instead, he immediately turns to force as the arrest unfolds, grabbing the man by the shoulders without explanation. But that’s just the beginning of how this crime, and it literally was a crime, unfolds. Just look.

    Speaker 5:

    I am not going nowhere.

    Speaker 3:

    I see you guys, it’s fine.

    Speaker 2:

    Can you? Thank you.

    Speaker 5:

    [inaudible 00:08:51].

    Speaker 2:

    1032 is 2000 block of West Pratt. He’s in custody, 1032.

    Taya Graham:

    Now at this point, we have a man who at the time has committed no crime that we can see. And Officer Newberg and the other cops who violently took him to the ground seemed to have no idea exactly why they stopped him. But that didn’t prevent a massive show of force to effectuate the arrest.

    Speaker 2:

    It’s a warrant? Is it a warrant? What is it?

    Speaker 5:

    It’s nothing.

    Speaker 2:

    Negative.

    Speaker 5:

    What?

    Speaker 2:

    Get him ID-ed.

    Taya Graham:

    And then even though police had already made an illegal arrest, they decided to make another. A bystander who took issue with their illegal actions is arrested as well, a fellow resident of my city cuffed because he spoke up when he saw injustice. Just watch this.

    Speaker 2:

    [inaudible 00:09:49].

    Taya Graham:

    Now after making not one, but two illegal arrests, things get really interesting. That’s because when a supervisor comes to the scene, he asks a simple question, “Why did you arrest the man who is now forced to sit on the sidewalk?” And Newberg’s answer is stunning. Just listen.

    Speaker 2:

    With him? What’s that?

    Speaker 6:

    Casanso the primary? Who’s-

    Speaker 2:

    No, no, it was me and Valdez had it.

    Speaker 6:

    Okay, all right. All right. So y’all good? You okay?

    Speaker 2:

    He just fought us.

    Speaker 6:

    All right, so-

    Speaker 2:

    He fought us like he did the last time.

    Speaker 6:

    So we’ll get a car about… then we’ll clear this up. We’ll get car out to come do the UFF, if it’s one. What’s he wanted for?

    Speaker 2:

    He was the one these last couple of days ran from me and I saw him in the store. He was going to bolt again because the last time I had him stopped, he gave a bunch of different names and date of births that didn’t match. So that’s when he fought and ran last time. And I recognized him. I knew it was going to turn out… I knew he was going to fight. Stack, I guarantee nothing comes back on that info he gave you.

    Speaker 3:

    Yep, that’s all I’m waiting for them to come back down.

    Taya Graham:

    Okay, so let’s break down the crimes that prompted police to make a violent arrest. One, he allegedly ran from Newberg. But can you blame him? And two, he gave conflicting addresses and three… well, there was no three. But tell me this, what of any of this justifies a violent arrest? And why on earth would you need a dozen cops to put this man in cuffs? You saw the same man I did. Compliant, confused, just another person suffering the poverty and mental health issues in my city. Why would the supervisor simply accept the officer’s answer and not probe deeper, demanding details to justify the use of force in handcuffs and the exceptional waste of nearly 10 officers to control the scene? But again, there was no pushback at all. In fact, officer Newberg decides to light a cigarette and again, delight in the suffering of another Baltimore resident. He and the other officers are basically celebrating a useless, violent and illegal arrest.

    Speaker 2:

    What do you got? A warrant on you?

    Speaker 5:

    No, I don’t have a warrant on me.

    Speaker 2:

    So what’s your deal?

    Speaker 5:

    Because dude, I was down there, working in the corner for the people.

    Speaker 2:

    Yeah, but what about here? Did you started fighting here too? I don’t understand.

    Speaker 5:

    Because I didn’t really know what was going on and I see-

    Speaker 2:

    So I mean I guess that means you can fight the police.

    Speaker 3:

    I guess.

    Speaker 2:

    I don’t understand. What’s going on here?

    Speaker 6:

    Yeah. Unified police officers were enough for me.

    Speaker 3:

    People don’t run and carry on like that for no reason.

    Speaker 2:

    That’s what happened last time that we-

    Speaker 3:

    That’s not you. Nice try.

    Speaker 2:

    It’s the same thing when he fought me last week when he got away from me. How many times you rode from me during all this? Three times?

    Speaker 6:

    No. So his first thing-

    Speaker 3:

    Twice.

    Speaker 2:

    Twice? I told you he was going to fight.

    Speaker 6:

    Y’all want to switch now?

    Speaker 3:

    Yeah, that’s what I told him.

    Speaker 6:

    All right.

    Speaker 2:

    I told you. Hey, I tell you he was going to fight, bro. I told you.

    Speaker 3:

    He wasn’t going to get away. He wasn’t going to get away.

    Speaker 6:

    Dude, he wasn’t going anywhere. Dude, he was clogged up like a vice grip.

    Speaker 2:

    He was trying to fight in the beginning though. I got to give him credit, he was fighting.

    Taya Graham:

    So as I said at the beginning of the show, there is something unique about these videos when it comes to understanding policing and specifically how it goes wrong. Because what we just witnessed was a literal failings of cops executing crimeless arrests that have little to do with public safety. In fact, this is a textbook example of what happens when you trade the desire to be safe for basic constitutional protections, a policy that looks like it took half the police force to execute even as police partisans in our city and others argue we are desperately short of officers.

    Seriously, I can’t even count how many cops it took to put this nonviolent man in a set of handcuffs. But there is much more to this story than just a couple problematic arrests, a history of how this policing came to be and how it affected the people who were subject to it, which we will be discussing shortly. But first, I need to speak to my reporting partner, Stephen Janis, who has been delving into some of the important records regarding this case, which reveal even when police are charged with crimes, there are loopholes that allow them to evade punishment. Stephen, thank you so much for joining me.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    So Stephen, you’ve been digging into the payroll records for the Baltimore City Police Department. Tell me what you’ve uncovered.

    Stephen Janis:

    Well, it’s really interesting. Baltimore City has a database of employee salaries. It goes back years. So I looked into Ethan Newberg and he got paid in 2019 after he’s indicted. He got paid in 2020, over a hundred thousand dollars a year. He got paid in 2021 over a hundred thousand a year. So he’s charged with all these crimes, these offensive crimes that we’ve seen against people of the city and the city taxpayers were still funding his salary. I can’t think of anyone, any of us who had a job who did what he did would actually get paid for it. So yeah, he had two-

    Taya Graham:

    So wait a second. While this case was making its way through the legal system, he was being paid?

    Stephen Janis:

    Yeah, yeah. I mean it’s kind of amazing. It’s right there in black and white. I’m showing you on the screen, roughly $200,000, this guy was making money. And I think what happened is in 2021, he might have retired. A lot of police do that. They get charged with something, they write it out until retirement, and then they take two thirds of their last salary so he could conceivably be making 60, $70,000 a year in a pension, which cannot be taken back because of criminal charges. So really he did quite well, thanks and courtesy of the taxpayers that he was arresting.

    Taya Graham:

    Stephen, as a reporter who’s covered policing in cities like Baltimore, what do you make of what you just saw and how does it jive with your reporting and your experience?

    Stephen Janis:

    Well, it’s funny because I think there we saw the total futility of this idea, that just unleashing police on a neighborhood would somehow tamp down crime. Because really when you leave police to their own devices in this situation, I think they picked the easiest target. And in that sense, I think we saw how they just bully someone, book a stat, put them in the back of the car and feel like they did some work, which really isn’t true. And I think that in a sense, like you said in the script, this was a glimpse into something that people have never seen before. For me it was like that, even though I’ve reported on it and written about it and written about tons of bad arrests. For me, it was kind of the first time I’ve seen how that mentality and the psychology of zero tolerance just makes people do bad policing. But I’m going to throw this one back at you Taya, because you actually lived in a neighborhood that was under that kind of policing. So why don’t you give us some sense of what that was like?

    Taya Graham:

    Stephen, that’s a really interesting question. Let me try to answer it, but I might have to leave my basement and my bookcase.

    So for once, I’m the one outside. I’m here in my old neighborhood on Middle Street, just a block down from where I used to live on Mira. And as I would take the bus to work and walk home, I was often stopped by a police officer. I’d be asked to provide ID, I would be asked where I had come from and where I was going. And you would think this is really inappropriate to be asked these questions and provide papers. Well, it’s because of something known as zero tolerance. For about a decade in my city, people were stopped for crimes like loitering, for drinking an open container of beer on a stoop, not having ID or believe it or not, expectorating, which is spitting. Now these kinds of crimes which are considered quality of life crimes or low level crimes or nuisance crimes, they were used to try to stop more violent crime in our city and it resulted in over a hundred thousand people a year being arrested, people just like me.

    Take a look around. Does this look better? Does this look healthier to you? Does this look like a community that’s thriving? Well, I have to say, it doesn’t look like this kind of policing really made this community stronger. Now, I’m not saying policing is the cause of all ills, and I’m not saying there’s a solution to all ills, but I am saying it had a devastating effect on this community and it had an impact on people like me. And let me say this, I have to thank the cop watchers out there because they showed me that I had the right to say no. I had the right to say I don’t have to provide ID. But now thanks to cop watchers and a lot of people who’ve been advocating for change, we can.

    Okay, now that I’ve given my little tour, I think I’m about to embark on what might be the most important rant of my life, an argument I will make about the broader implications of the arrest that we have just witnessed, that I dare say is the whole reason this show exists. But first I want to make another important point about our show. Often when I try to analyze the broader implications of bad policing during this segment, I get a little pushback. People who disagree or think I push things a bit too far or just simply don’t like the way I frame my arguments about a variety of phenomena that I believe are tied to bad policing. Among them are the people who thought that my discussion of the high price of asthma inhalers as an intrinsic part of an unequal system that fuels rampant inequality and by extension bad policing was just a step too far, that I should stick to talking about the cops and not the inequality in our economy.

    So they disagreed with that analysis. Fair enough. But let me say this, I am more than okay with that. In fact, I invite it. I mean the whole reason we produce this show is to generate discussion. Better yet, embrace a fulsome debate and thoughtful disagreement on a variety of issues. I read your comments because I want to understand. I need your comments because I want to learn. So even if I disagree with your disagreement with my work, I welcome your thoughts. To me, it’s not the sign of some sort of deeper problem that we can’t agree on everything. In fact, it makes me feel more assured in my work when you push back and say, “Hey Taya, wait a second, here’s another way to think about the issue.” It’s okay to disagree. It’s okay to criticize. All we have to agree on is that we all have the right to respectfully debate and express ourselves.

    So keep on commenting because I welcome you, even if you disagree with my analysis of the information I present. Okay, I had to get that off my chest before I said this. Now, as you’ve just witnessed, the indiscriminate arrest powers deployed by the police and the video we just dissected was not the result of some random decision by a couple of cops. It was not, to be clear, the result of a couple overeager officers trying out illegal arrests as some sort of devious sociology experiment. No. It was in fact an intentional government policy based upon the dubious premise that has wreaked havoc on this country for decades. An idea that is so powerful, it is in part responsible for most of the acrimony surrounding the debate over law enforcement that continues to prevent clear-headed thinking about the difficult task of keeping our communities safe.

    Namely this, more cops mean less crime, more aggressive policing is even better. And when cops don’t do their jobs, crime goes up. I mean, that’s the idea that’s been the impetus behind some of the worst aspects of American policing that I can think of. It was a core philosophy behind zero tolerance that turned my former neighborhood into a wasteland. It’s the primary imperative that encourages cities to allocate the bulk of their budgets to new cop cars. And it’s why even in rural communities like Milton, West Virginia, the police budget swelled into the single largest line item for a town mired in poverty. Now wait, again, I can hear the naysayers saying, “But Taya, what about the last few years? Police departments struggled with staffing while crime went up.” The protests against policing across the country in the wake of George Floyd’s death and many other victims made cops too afraid to do their jobs, and as a result, crime was rampant.

    Well, not really. That’s not the whole story because while it’s true that police departments have had problems filling jobs and staffing in some departments like our own city’s has dropped dramatically, there is something curious that happened as law enforcement struggled to fill vacancies. A change in the rate of crime that belies the argument that more cops automatically equals more safety. That’s because while cops kept quitting, crime went down and not just down by little, down by a lot. Murder dropped at the fastest rate ever according to statistics released by the FBI’s Uniform Crime Report, crimes of violence dropped practically in every major city in the country. Now, there are some caveats. For example, in our city, car thefts are way up as [inaudible 00:22:58] really take advantage of the lack of security of Kias and Hyundais, for example. And the perception that crime is up, which is also important, continues to linger.

    But again, big picture, crime is actually down across the board even though there are less police on the street. And as we reported in our last show, Ethan Newberg himself says police are taking the proverbial knee because according to him, effective cops like himself are being prosecuted for doing their jobs. I’ll stay no comment on that assertion. In fact, in this just released audit of overtime spending by the Baltimore Police Department, we learned that the agency has a record 762 vacancies, and yet city leaders just held a press conference touting a 20% drop in homicide. How does that happen in a world where aggressive policing is the elixir to the crime laden anxieties of police boosters who would have us place a cop on every corner? It just doesn’t make sense, which is why I said at the beginning of this rant, this might be one of the most important arguments I’ve ever made.

    The reason we have so many videos, so many examples, and so much over-policing is based upon the simple premise that the recent crime stats have made dubious at best that somehow some way crime can only be stopped by throwing more cops and more money and having more law enforcement. And when that’s not enough, tell them to book stats, make more arrests, lock up more low level offenders, lock up more innocent people, and as a result, crime will suddenly disappear. As I said earlier in the show, that attitude has led to some of the most unimaginative public policies in the annals of human history. I mean, why in my city where vacant homes are more prevalent than well-paying jobs, have we spent billions, and I do mean billions, putting cops on the street and paying them hundreds of millions of dollars in overtime? Why do we have brand new SUV cop cars roaming around neighborhoods that are blighted to the point of terminal despair?

    And for those who might’ve missed our last report, why do we pay officers like Sergeant Newberg over a quarter million dollars a year? I mean, all the rhetoric surrounding policing, defund, underfund, refund, I don’t know, take your pick, drives right past a simple point. Does it work? Can it ever work? Is it the most effective and just important fiscally sound prescription for reducing crime? Will we be better off taking some of that money and funding other priorities that might actually build something like a park or community garden, afterschool programs, a mental healthcare center, or maybe we should even just pass the cash out to residents to spend on themselves? And please don’t start posting comments about how I am surreptitiously touting some sort of clandestine socialism. I’m talking about making our communities healthier and therefore safer. And I’m just making a point about what I’ve witnessed firsthand.

    Investing in policing instead of the people is emphasizing chaos over community. Showering cash on cops prioritizes punishment over productivity and trying to solve complex social problems by locking them away and throwing away the key puts our minds, our communal creativity in a cage of our own making. This is why if I achieve anything through doing this show, I want to dispel the myth that the relationship between crime and cops is as simple as police partisans would want you to believe, that our country’s addiction to law enforcement is as pernicious and implausible as a flat earth geolocation system that not only doesn’t make sense, but is flat out delusional. Okay, that pun might’ve been intended. It’s actually a point Stephen made 10 years ago when he co-wrote a book with a former Baltimore homicide detective called You Can’t Stop Murder. The book recounted how a detective who was steeped in constitutional policing during his career was shocked after he retired and taught at the city’s police academy.

    There he administered a test to sergeants and lieutenants on the Fourth, Fifth, and Sixth Amendments. They all failed, every single one. But it gets worse. He discovered at that same academy, the top brass was training officers to be soldiers, not students of the law or investigators. It was a process he felt was far field from the best and the only way to prevent future crimes, by solving the crimes of the past. This again, was a rare glimpse inside how American law enforcement intentionally abandoned the principles on which our country was founded. It’s a firsthand look at how often the expedient desire for some sort of fix for rampant poverty and communal abandonment was effectuated by cops chasing innocent people, making bogus arrests and otherwise sowing chaos with cuffs and their capriciousness. Well, as the book pointed out, it won’t work. Because two years after the book was published and its warnings were ignored, Freddie Gray died in police custody.

    My city was set on fire, figuratively and literally. And the world watched as our police department tried to justify the death of a handcuffed man who died in the back of a van after being chased, yes, chased, because officers didn’t like the way he looked at them. Interesting that four years later they were still doing the same thing. And that’s why we’ll keep reporting on bad policing, and that’s why we’ll keep reporting for you because someone has to tell the truth and try to build hope for something different no matter how painful that can sometimes be. I have to thank Intrepid reporter Stephen Janis for his writing, research and editing on this piece and for going to my old stomping grounds and interviewing me. Thank you so much, Stephen.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    And I want to thank mods of the show, NOLA D and Lacey R for their support. Thank you and a very special thanks to our accountability report Patreons. We appreciate you and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon associate producers, Johnny R., David K., Louis P., and Lucita G., and super friends Shane B., Pineapple Girl, Chris R., and Matter of Rights. And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you.

    Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or @eyesonpolice on Twitter. And of course you can always message me directly @tayasbaltimore on Twitter or Facebook. And please like and comment, you know I read your comments and appreciate them. And we do have a Patreon link pinned in the comments below. So if you feel inspired to donate, please do. We don’t run ads or take corporate dollars, so anything you can spare is truly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.

    This post was originally published on The Real News Network.

  • Last June, the state of Wisconsin placed two correctional institutions in Green Bay and Waupun on lockdown due to concerns about overcrowding and the quality of facilities. In the ensuing months, several other Wisconsin state prisons have been affected by the lockdown, and Gov. Evers has yet to present a clear plan to end it. Meanwhile, thousands of incarcerated people have been trapped in horrendous conditions. Inmates are spending 23 hours a day in their cells, without access to in-person visitation, regular programming, or even daily showers. Mark Rice, coordinator of the Wisconsin Transformational Justice Campaign at the grassroots network, WISDOM, joins Rattling the Bars to discuss the crisis in Wisconsin prisons and the clear solution Evers has ignored so far: to wield his authority as governor to reduce the state’s prison population.

    Studio / Post-Production: Cameron Granadino


    Transcript

    Mansa Musa:  Welcome to this edition of Rattling the Bars, a show that amplifies the voice of people who are disenfranchised, marginalized, and subjugated while offering solutions. I’m your host, Mansa Musa.

    Today, we’re going to talk about the current state of Wisconsin prisons, the people incarcerated in them, and we’re going to be talking with our guest, Mark Rice.

    Mark spent 26 months incarcerated in the Wisconsin prison system and eight years under the supervision of the Wisconsin Department of Corrections. His experience with the state carceral system inspired him to become a leader in the movement to dismantle this unjust system. Today, he serves as the coordinator of the Wisconsin Transformational Justice Campaign at the grassroots network WISDOM. This campaign aims to advance racial justice, decarcerate Wisconsin, and redirect resources away from the prison-industrial complex and into building safer, stronger, and healthier community.

    Welcome to Rattling the Bars.

    Mark Rice:  Thanks for the invitation.

    Mansa Musa:  Let’s unpack this conversation by first briefly telling our audience about what’s currently going on within the prison system.

    Mark Rice:  Right now what’s going on in the prison system in the state of Wisconsin is a human rights crisis. At least two prisons in the state have been on lockdown now for nearly a year. It’s having a devastating impact on people who are incarcerated in those two prisons. One is Waupun Correctional Institution, the other is Green Bay Correctional Institution. There have been other prisons as well that have been impacted by lockdowns, but most of the attention has been on Green Bay and Waupun.

    We’re talking about people who have been locked in cells for 23 hours a day, sometimes 24 hours a day. Getting meals in their cells. They’ve had programming totally disrupted. The most basic of human needs have been taken away, have been limited or completely taken away.

    There have been no in-person visits. They’ve had recreation taken away or extremely limited. There’s been a lack of access to medical care, lack of access to psychological services, to treatment programming, educational programming. Even showers have been limited, so we’re talking about, like I said, the most basic human needs are taken away.

    Wisconsin has a problem with overpopulation in the prisons. There’s not a problem with under-staffing, it’s overpopulation.

    There’s many ways that Wisconsin can reduce the prison population that policy makers are refusing to move forward. The state legislature has many ways to reduce the prison population. Governor Evers can use his executive authority to bring down the population, he can commute sentences. The Department of Corrections has authority over some of the areas, like they can stop sending people back for technical violations.

    There’s some really common sense policy changes that they could move forward to bring down the population. If the population was brought down, then there would be no lockdowns.

    One of the primary root causes of the lockdowns is having so many people needlessly being incarcerated for too long. Excessive sentences. In Wisconsin, there’s a huge amount of racial injustice within Wisconsin’s system.

    By some measures, Wisconsin detains Black people and Indigenous people at a higher rate than any other state. Some of the neighborhoods in Milwaukee, by some statistical measures, are the most incarcerated neighborhoods ever in the United States. In Milwaukee, there’s a zip code, 53206, which is predominantly Black, that has the highest incarceration rate of any zip code in the United States by some measures. Really, there’s a lot of change that’s really urgently needed in this state, for sure.

    Mansa Musa:  Let’s talk about… Let’s go and examine these two institutions in the state of Wisconsin. Are both these institutions maximum security?

    Mark Rice:  Yes, they’re both maximum.

    Mansa Musa:  Okay. Now, in terms of the reason why they’ve been on lockdown so long is because they’re claiming it’s understaffed. But as you articulated, it’s not understaffed, it’s overpopulated. How long have this been going on, in terms of them utilizing this particular excuse to basically turn these institutions into control units? How long have they been using this excuse?

    Mark Rice:  Over eight months now, so almost a year going on. Definitely, long-term lockdowns are torture. Definitely, there’s been suicides. We work with a lot of folks who have loved ones currently incarcerated in Wisconsin prisons.

    We’ve launched an entire campaign to challenge what’s going on within the Wisconsin State Prison System. We have a campaign called In the Lockdowns campaign, led by formerly incarcerated people and people who have loved ones who are currently incarcerated and being impacted by the lockdowns. There’s been stories of suicides, it’s led to suicides. Like I said, it’s having a devastating impact on people psychologically. Definitely, the root cause is the overpopulation.

    That’s something that WISDOM, I work for an organization called WISDOM in Wisconsin, and one of our goals for a long time has been to cut the state’s prison population in half. We actually have a policy agenda that lays out how Wisconsin can do this.

    On the front end, Wisconsin can expand treatment alternatives to incarceration. There’s a program, Treatment Alternatives and Diversions, in Wisconsin, which is really underfunded, under utilized, which can get people out. On the front end, it could divert thousands of people from even going in in the first place.

    There’s some in-prison issues. There’s some people who were sentenced under the old law in Wisconsin are still eligible for parole. There’s almost 2,000 people who’ve been incarcerated for over 20 years now. Just got really long, excessive sentences with the expectation that they would be given a fair chance to be released under parole. But then, parole essentially shut down in Wisconsin after Wisconsin went to Truth in Sentencing in the year 2000. That’s another way that people can be given early release through parole.

    We also have an earned release program for people who were sentenced under Truth in Sentencing, where they can participate in programming to get time taken off their sentences by participating in that program. That program’s really underfunded, under utilized.

    There’s a compassionate release program where people having health problems can be released. That’s underutilized.

    On the back end, there’s thousands of people going back for technical violations [crosstalk] —

    Mansa Musa:  Right, I know. Answer this here, then. Based on this common sense approach, as you had just outlined, why is there such an apprehension to invest in the ideas, and the policies, and the programs as you just outlined? Two, where are these two particular institutions located? Are they located in an urban part of Wisconsin, or are they located in the rural part of Wisconsin?

    Mark Rice:  Waupun is located in rural Wisconsin. Green Bay is in Green Bay, which is a somewhat urban area. It’s located right in the city of Green Bay.

    There’s definitely been some momentum around closing them. I think people are starting to realize that these prisons need to be closed because they’re so old. Both of them were built over 100 years ago, and they’re falling apart. It’s going to become extremely expensive to keep them open, to put in the resources needed to renovate those places so that people continue to… It’s not going to be a good investment to even keep these places open. I think that’s part of the conversation that people will start to…

    But, there’s also some who want to build new prisons. There’s some of the legislatures, particularly Republicans, who want to close Green Bay down, and they want to do economic projects on that land where it sits, but then they also want to build a new prison.

    That’s the fight that we have as well, is we have to stop the construction of a new prison and get people to realize that, by implementing some of these common sense policy changes that I’m talking about, simply, there’s 5,200 people Wisconsin prisons for revocation without a new conviction, sent back for violating the rules [crosstalk] —

    Mansa Musa:  Right. Technical, technical violations. Yeah.

    Mark Rice:  — Technical violation.

    Mansa Musa:  Yeah. Okay, let me ask you this here. Again, why the state of Wisconsin isn’t investing in the common sense approaches that you outlined? For example, I read where the number one thing that they’re utilizing is, because so many people are on parole and probation, they’re utilizing technical violations to get people back in the system. I think they said they only release like 5.28% of people a year.

    What is it about the state of Wisconsin’s attitude to be so intransigent about recognizing the need to become more objective? And, it would be more cost-efficient, because right now they’re saying $1.5 billion is being allocated towards the prison system. $1.5 billion could be allocated, you could take that money, allocate it towards schools, education, hospitals, employment, and also investing in some of the things that you talked about.

    Why is it that the state of Wisconsin is so adamant about not investing in eliminating and eradicating the overpopulation of the prison system?

    Mark Rice:  For one thing, there’s definitely financial incentive. There’s definitely a lot of corporations, a lot of companies making money off the system. As you know, they’re charging people really outrageous prices for phone calls, for food. There’s the financial incentive. A lot of powerful interests want to maintain the status quo, keep that going, to ensure that they’re continuing to make money off the system.

    The status quo within the Department of Corrections has been really powerful. There’s many people who are administrators in the Department of Corrections that have been there for years, for decades, and are really resistant to any change to a better approach.

    Then, there’s the political as well. There’s still legislators in the state — It’s a very gerrymandered state, it’s one of the most gerrymandered states. There’s been politicians who’ve built their careers off of increasing incarceration rates, on building more prisons. That’s part of it.

    I think a central piece of it is the dehumanization of people who’ve been convicted of crimes. I feel like they cannot treat people like this and incarcerate people at the rate that they’re doing without dehumanizing them first. I feel like that’s a central part of the work that we do, is working to change and challenge the narratives that are really dehumanizing people with conviction records. I feel like that’s central.

    The more that we can get our stories out — And many of us are out in the community flourishing. Many of us have done years in prison. I’ve been incarcerated myself, many of my colleagues have been incarcerated for a long time. But when we were given a chance to get back out and get in the community, and we’re provided with support services, many of us are now flourishing in the community. The more that we can get those stories out, and to really challenge those narratives, those stereotypes that people have of those who’ve been through the system, then that’s going to change things for the better. I feel like that’s a central part of the work.

    Then, we need to change the overall narrative as well. That there’s still that narrative out there which is really powerful, and it’s hard to change, is that many people in the state still believe that building more prisons and filling them up is keeping us safer, and it’s not. We know that.

    We actually create safety by investing in jobs, investing in healthcare, housing. We really need to reimagine the entire system and the way resources are allocated in the state, and that starts with cutting back on spending.

    For far too long, the state has relied on, really, courts, prisons, police as responses to some of these problems. But instead, it’s really time to start reallocating those resources, putting them especially in the neighborhoods that have been most harmed by incarceration.

    Especially Black and Brown neighborhoods, Indigenous communities across Wisconsin, to really start investing in those neighborhoods that have been most impacted by incarceration, most neglected over time, and put those resources then to programs and services we know are going to create public safety.

    A lot of these initiatives now are being led by formerly incarcerated people as well. We have a lot of organizations in Wisconsin that are led by people who’ve been through the system [crosstalk] really know how to do this in a way that’s really going to help people flourish in the community.

    The more that we can invest in those organizations that are led by directly impacted people, that are providing the services, that are working to change the system, that’s going to really help to start to shift this and change things for the better.

    Mansa Musa:  Talk about y’alls strategy going forward, in terms of… We recognize that, based on what you’re saying, that it’s overpopulation. It’s not a lack of staffing. The fact that wanted to bring the National Guard in to oversee the population.

    One, address whether or not, if that do in fact take shape, is that going to allow for the two institutions that you talked about to open back up and allow the men to be able to have their basic human rights acknowledged? And two, going forward, what is y’alls strategy in terms of how y’all intend on getting the state of Wisconsin to recognize that it’s more cost-efficient to invest in people’s getting out and staying out, as opposed to chasing people that’s out, running them down, and putting them back in to maintain the count?

    Mark Rice:  The first priority for us is that we’re working to get immediate decarceration to happen. We know Governor Evers has the authority to immediately bring down the prison population by using his commutation powers. In an emergency situation like this, there’s definitely a need for them to start using those powers.

    The Department of Corrections has the ability to also immediately reduce the prison population. They did that during the beginning of the COVID crisis in Wisconsin prisons. Wiconson secretary, the DOC secretary, Kevin Carr, he brought down the population by 1,200 people with one policy change. He put forward this policy change to release people who were in for technical violations, and that led to one prison that we were working to close down, Waukesha Detention Facility, the population at that prison was cut by more than half during COVID.

    But they started to reverse back to normal policies and practices over the last year, and the population started coming back up.

    That’s the priority right now, is to get the population down. Then, there would be no need to bring in the National Guard. If they brought down the population, they could actually close down Waupun Correctional Institution, they could close down Green Bay Correctional Institution. By immediately bringing the population down.

    Governor Evers, we definitely need him to step up and start using his commutation powers. He ran on a platform, when he first ran for Governor, he promised to work with us to cut the state’s prison population in half. There’s been very little follow through on that.

    Now is the time we feel that he really needs to step up and start following through with that promise, and to use his executive authority that he has to do that. The Department of Corrections can cut way down on the number of people who are being sent back for supervision violations, for crimeless revocations, we call it in Wisconsin.

    Also, they also have the power to immediately end lockdowns as well. There’s definitely the capacity, even immediately, before those changes are made. They can immediately end the lockdowns without that. Because there’s definitely no logical explanation, no reason —

    Mansa Musa:  Yeah, justification there.

    Mark Rice:  — To take away people’s basic services and needs, that should never be disrupted. People should always have access to showers, in-person visits, to educational programming, medical care that they need, psychological care. That should never be taken away in any circumstances. The state has the responsibility to care for people who are incarcerated and they’re not doing — A lawsuit, in Waupun right now. They’re facing a lawsuit.

    Mansa Musa:  The reality is that Eighth Amendment violations, it’s cruel and unusual punishment. Now, I’m being punished, I got a sentence, I’m doing my time. But now I’m being punished not because of an incident that took place in the institutions — I was locked up 48 years prior to being released. I’ve been in institutions where we’ve been locked down eight, nine months on end.

    In most cases, you could trace it back to some type of incident or some type of problem going on in the environment, that they could justify locking us down. Just to say they locked us down because the population’s overcrowded, and you’re claiming that you don’t have enough staff, that in and of itself is cruel and unusual. The explanation shouldn’t even wash.

    But talk about, from what you’ve been able to gather, in terms of the people that’s locked in these environments, how are they responding? You mentioned earlier about the suicide rate. But how are they responding overall? And more importantly, how are the families? How is it impacting the families?

    Mark Rice:  It’s really having a devastating impact on people who are incarcerated right now. We’ve been hearing that a lot of people are becoming suicidal. A lot of people are having problems with their mental health. A lot of people have not been able to get access to medical care that they need to survive.

    One of the leaders who’s been involved with the campaign, her name is Megan Kolb, her father actually committed suicide in Waupun Correctional Institution. He was there during the lockdown right as it was starting, but also got put in solitary confinement on top of that.

    They have records now that he was denied several medications that he needed over time. He was diagnosed with serious mental illness, had several health problems. It was denied for months. He was not given access to medication that he needed, and ended up hanging himself while he was in solitary confinement. She’s been involved to really lift up the impact that it’s had on her and her family, how devastating that experience was, and is really working to hold Governor Evers accountable.

    Governor Evers actually called 2023 the Year of Mental Health, that he was going to push forward mental health initiatives. Then, there was something like that happens that’s totally in contradiction with that. Mental health, that should extend to not only people who are outside, but also to people who are incarcerated. There’s this language that they use, they call people who are incarcerated “people under their care”, which I feel is not accurate.

    Mansa Musa:  Yeah, sanitized. Yeah, sanitized.

    Mark Rice:  I feel like that’s an oppressive term. It’s an oppressive term that’s pushing forward a narrative of benevolent owners of slave people.

    Mansa Musa:  Yeah, that’s why I say sanitized.

    Mark Rice:  There’s a lack of care too, so definitely, we’re pushing back against that. Definitely, we want humanizing language, to call people people, but the people under our care piece, when they add the under our care, it becomes an oppressive term.

    But also, there’s others that are involved right now who still have loved ones who are in there. They’re really worried as well, that some of their loved ones have become suicidal. They’re worried that their loved ones could be next, where there could be another tragedy happening. We’re hearing from people all the time. There’s a sense of urgency, and that’s why we’ve been taking so much action.

    We’ve been organizing actions and community forums, almost on a weekly basis in Wisconsin, due to the facts of what we’re hearing from people who are personally impacted.

    Then, we also have many people who’ve been incarcerated in these places themselves, so they know exactly what’s going on. We’re stepping up to several organizations, like EXPO, Ex-incarcerated People Organizing in Wisconsin, whose been really stepping up. Many of their staff people and leaders have been incarcerated in Green Bay and Waupun.

    One of our organizers from Madison, he actually was contemplating suicide while he was locked up in Waupun Correctional Institution. I feel like we really have people who understand and empathize due to their personal experience of being incarcerated in those places.

    It’s really important for the work to be led by those who are most impacted, and also the strategies to be developed by those who’ve been most impacted. I feel like that’s what we’re really doing in pushing this out.

    Mansa Musa:  Let me ask you this here. As we close out, what can our audience, anyone that want to get involved with this fight in Milwaukee, to get some justice and some relief for the men that’s locked up in these plantations, how can they get involved? In terms of helping y’all get the word out, but more importantly, change the conditions that the men are now being subjected to?

    Mark Rice:  Definitely. They can check out our website, wisdomwisconsin.org. Definitely, you can sign up. There’s information about the Transformational Justice Campaign at WISDOM, definitely sign up and get on the email list to get more information.

    We’re on social media as well, on Facebook, on X, on several other platforms. I’m on several platforms myself under ricermark, R-I-C-E-R-M-A-R-K. You can find me on X, on Facebook, on LinkedIn. Definitely reach out, connect with me on those platforms.

    We have community forums coming up, there’s going to be one in Madison, Wisconsin on Feb. 1, 6:00 PM. I can get you more information about that. We had a forum recently, in Milwaukee.

    Our format, we’re really focusing on engaging directly with elected officials now. We’re inviting representatives to come to these forums. We’re giving people a chance to share testimonies, three-minute long testimonies, about anything related to the lockdown. A lot of people who have been directly impacted are showing up, sharing these testimonies.

    The one in Milwaukee, I talked to one person afterwards. He said, after hearing all these testimonies, there’s no way anyone could support continuing these lockdowns, because they heard about the suicides, the devastating impact it’s had on people and families. I feel like it’s very important to hear from those who are being impacted and their loved ones. These community forums are providing a platform for that to happen.

    But also, we’re taking it to people who have the power to make the changes. We’re taking it to Department of Corrections administrators, to the Governor’s office, to state legislators. We’re going to be having some meetings with the Governor’s policy advisors with the Department of Corrections coming up and definitely need people, as many people as possible, we need them to reach out and contact Governor Evers, contact the Department of Corrections, contact their state legislators throughout the state, and let them know what’s going on right now is a human rights crisis that needs to be ended immediately.

    We really need to demand that, to say what’s going on right now is not acceptable. We really need to start demanding that they implement these common sense policy changes to reduce the prison population and put resources back into communities that have been most harmed by incarcerations so we can really start to build safer, stronger, and healthier communities by making smarter investments with public resources.

    Definitely, direct engagement with elected officials, but also organize. Definitely, people can get involved. We have several different task forces, ways to get involved. We have a structure with this campaign that, definitely, anyone that wants to get involved and show leadership, which is based in Wisconsin or even nationally, but definitely it would be helpful for people to get involved nationally. Put pressure on from outside Wisconsin too, to let them know that people across the country are looking at this and saying, this is really a stain on the reputation of Wisconsin, nationally. I think to have that national spotlight put on it is going to be really powerful as well.

    Mansa Musa:  All right, Mark. Thank you. There you have it. The Real News, just like the name say. I’m your host, Mansa Musa. That’s going to do it for us today. But you can find us here every Monday as we continue to rattle the bars for truth and justice.

    I want to thank our guest, Mark Rice, for joining me as we rattled the bars today. We ask that you continue to support The Real News and Rattling the Bars, which you can do by clicking the donate button next to this video. Or, by going to therealnews.com/donate. Because guess what? we really are the news.

    This post was originally published on The Real News Network.

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    This article originally appeared in Scheerpost on Jan. 23, 2024. It is shared here with permission under a Creative Commons (CC BY-NC-ND 4.0) license.

    On May 19, 2023, Virgilio Aguilar Méndez, an 18-year-old Indigenous-Maya farmworker, was eating and talking to his mother on the phone outside of his Super 8 motel room in St. Augustine, Florida, where he was staying with three other farmworkers. He was working to send money to his family in Guatemala. St. Johns County police Sergeant Michael Kunovich approached Aguilar Méndez and described him to the dispatcher as a “suspicious Hispanic male” according to an ABC News reporter who reviewed the body camera and audio of the incident.

    As Kunovich began to question Aguilar Méndez, who speaks the Mayan language Mam, the young man couldn’t understand the questions and started apologizing. He expressed multiple times that he did not speak English and that he was residing in the motel.

    Kunovich started searching the teenager for weapons, according to the Florida Times-Union. Startled, the confused 5-foot-4, 115-pound teen resisted. During the eight minute struggle, Kunovich called two other deputies to assist him. They pushed and pinned Aguilar Méndez to the ground, held him in a chokehold, and stunned him with his taser six times in two minutes

    Five minutes after they handcuffed the teenager and put him in a patrol car, Kunovich collapsed and was transported to a hospital where he died. Medical examiners found this to be cardiac arrest and ruled Kunovich’s death to be by natural causes. The ABC reporter, who obtained a copy of Kunovich’s autopsy report, wrote that it said, “These cardiac changes, while recent, predate the struggle with the subject. The circumstances do not fully meet the criteria for a homicide manner of death.”

    Still, the St. John’s County Sheriff’s Office and the Office of the State Attorney for the 7th Judicial Circuit of Florida charged Aguilar Méndez with aggravated murder, which is punishable by life in prison. 

    In the time after Kunovich’s death, St. John County Sheriff Robert Hardwick held a press conference in which he said that Aguilar Méndez was stopped because he was trespassing and that he had pulled a knife on Kunovich. After the press conference, body camera footage was released showing that a small pocket knife was found in his pants pocket after he was handcuffed was never pulled on Kunovich. Aguilar Méndez said the knife was “para sandía,” or “for watermelon,” alluding to his job.

    The teen has been held without bail for eight months, even after circuit judge R. Lee Smith in December found him incompetent to stand trial because he does not understand English or Spanish and is unable to understand the criminal justice system, the Times-Union reported. The prosecution disagreed and the judge said he needed “more time to mull the complicated issues.” Since then, the public defender’s office filed an amended motion to set bond, which would ask for him to be released, and is expected to file a motion to dismiss the charges soon, said Phillip Arroyo, Aguilar Méndez’s lawyer.

    “This is a great injustice. It is a violation of his constitutional and civil rights, which, contrary to popular belief, also protect undocumented immigrants,” Arroyo told ScheerPost. “Although this case has nothing to do with immigration, our client’s right to be free from unreasonable search and seizure was violated that day, in addition to being a victim of excessive force.”

    Arroyo also has stated to the ABC reporter that the state would have to prove that Aguilar Méndez knew the officer had a heart condition and did something negligent that caused his death.

    According to a report from the CUNY Institute for State & Local Governance, “Immigrants, particularly undocumented immigrants, are likely to be victimized far more often than native-born U.S. citizens,” even though they are less likely to commit serious crimes or be behind bars than the native-born citizens.

    In addition, the U.S. has a diverse population in which more than 67 million people, or one in five, speak a language other than English. An estimated 25 million people in the United States have limited English proficiency. Scholars and advocates of criminal justice reform have questioned if law enforcement is doing enough to provide proper resources to ensure language services for those who need it. 

    Arroyo urges people to sign the Change.org petition to free Aguilar Méndez, created on Jan. 3 by Mariana Blanco of the nonprofit The Guatemalan-Maya Center. The petition calls for Aguilar Méndez’s immediate release and charges to be dropped, and is to Governor Ron DeSantis and 7th circuit state attorney, RJ Larizza. It has generated over 549,000 signatures since it was started.

    “If Virgilio is convicted and sentenced to prison for this incident, it will create an extremely dangerous precedent in this country; because if a police officer dies from a heart attack during a police-citizen encounter, anyone in this country can be charged, convicted and sentenced to life in prison for that officer’s death,” reads the petition.

    This post was originally published on The Real News Network.

  • The nightmarish reality of the prison industrial complex depends on a vast array of stereotypes and tropes about incarcerated people that have proliferated through our culture. From the myth of the ‘superpredator’ to other racist and anti-poor constructions of the prisoner, the real stories and lives of the human beings trapped in the prison system are obscured by a veil of assumptions propagated by the institutions and interests most invested in maintaining mass incarceration. Fred Winn, a former librarian, correctional officer, and case manager at California’s Soledad Prison has attempted to peel back this veil with the true stories of the human beings he encountered behind guards in his memoir, For the Least of These. Winn joins Rattling the Bars for a discussion on his book and the humanity that clings on in prisons in spite of constant repression.

    Studio Production / Post-Production: Cameron Granadino


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Mansa Musa:
    When you hear the term, “For the least of them,” you might think of a biblical scenario where Jesus talks about for the least of them. Fred Winn wrote a book called For the Least of These. Fred Winn served as a correctional officer, a librarian, and a case managemer in Soledad Prison. In this book, he talks about how the prison-industrial complex, the penal system treats for the least of them. Thank you for joining me, Fred.

    Fred Winn:
    Well, thank you. Good to be here. Thanks for having me.

    Mansa Musa:
    All right, Fred, let’s talk about the title of the book. The Least of These comes out as a biblical term. Explain this title and why did you take this particular title?

    Fred Winn:
    Well, it comes from the 25 chapter of the Book of Matthew. And in this chapter, in this particular passage, Jesus is talking to his disciples; He’s giving an illustration about who’s going to make it to heaven and who will not. And he says that when you show kindness to different groups, you’re showing kindness to him. He uses the example of refugees, or the term stranger. He says, prisoners, when you came to visit me in prison, then you were being kind to me. And people would say well, we never visited you in prison. He said when you did it for the least of these, then you did it for me.
    So Christ identifies with people that are at the bottom of society. He identifies with the have-nots, he identifies with people that are othered, that are mistreated, and the down-trodden. So that’s why I chose the title because that’s the image that inmates have and other groups too: refugees and poor people. Yeah. That’s why I chose it.

    Mansa Musa:
    Okay. All right. Tell us a little bit about yourself. Who is Fred Winn?

    Fred Winn:
    Good question. Well, I was born in the ’50s, grew up in the Bay Area: Oakland, California, and went to Oakland Public Schools. When I finished high school, I went to Cal State Hayward, which is called something else now. I went there for a couple years and I finished up my undergraduate work at UC Santa Barbara, which is a beautiful campus out in Southern California. In Oakland, when I was growing up, the Black Panthers were very active. There was the King assassination, the Malcolm X assassination, and the upheaval that was taking place in society in general. So I was a product of all that and I saw major changes the Civil Rights Movement produced. And that’s who I am.

    Mansa Musa:
    Okay. When I was reading the book, and I did some cliff notes, I noticed that your storytelling method — And I want our audience to be mindful of this particular method that you use — Is that you’re taking stories and events, and you introduce it as saying, well, this is a story about… Then you do a postscript on it, more or less explaining what you thought of it. But the body of it is the story of the individual or person. Why did you use this particular method? Which is very effective.

    Fred Winn:
    Thank you. I had an agenda. I wanted to convey certain concepts in each story. Now, to be fair, that stories that I talk about are not one person. For example, we talked about inmate education, inmate college; There were quite a few inmates that had a similar experience so I wanted to highlight that educational opportunities, the vocational training, psychological counseling, and these things are very important for inmates to develop the skills and to move on, and move forward in life. But a lot of people, too many people, are against that. It’s wasting money.
    But most inmates are returned to society at some point so it’s to our own advantage to have them be able to have a successful reentry and to have a better shot at being successful. Otherwise, they’re going to return and that’s a waste of their life and society will suffer because that’s one person that’s not contributing to the extent of his or her abilities. So that’s why I did that. I wanted to convey a certain message.

    Mansa Musa:
    I was laughing at some of the stories because I see myself in those stories. Like Oliver; I was Oliver in the Maryland prison system. I came in, I was a substance abuser prior to being arrested, I had opted out of society in and of itself. When I went to prison, they tested you when you first come in and I had a third grade reading level and a sixth grade math level. Back when I went through the system, they didn’t have mandatory education but in California they had mandatory education. Like you say, this is Oliver: Oliver is everybody that’s had the same educational background. Oliver chose not to go to school and because he chose not to go to school, they put him in a restrictive housing area that minimized his activities. But once he decided and was able to go to school, he got privileges. Do you think this was because the California prison system was concerned about men and women being educated and would help them have a better chance of surviving in society? Or was this something that was mandated by the state legislators?

    Fred Winn:
    I believe this was mandated. I would have to check but I know it was required. You had to have a security level. But many people did not want that. A lot of inmates would say yeah, I want to go to the yard and make some money. And you can understand them wanting to work to get money to buy their soap and all that, however, I believe it was the legislature that required this but I could be wrong. Yeah.

    Mansa Musa:
    Okay. Let’s unpack some of the stories. Going back to what you said about the education system, because they took the Pell Grant out. I’m digressing a little bit. When they took the Pell Grant out under the Crime Bill, that opened the door in the prison system for the proliferation of gangs because prior to the Pell Grant being taken out, most people were going to colleges. Most people had seen the value in education. Education had transformed the prison population.
    Let’s talk about how one of your jobs in the corrections system was a librarian. I was going over how you were talking about the process of being the librarian or trying to get a clerk. We’ll talk about the clerk; That was another story in and of itself. But I want you to talk about when you came in and you decided to overhaul the library and get more books. Talk about the Black books.

    Fred Winn:
    I was living in the Bay Area prior to moving down there and I worked in a library and it was standard practice: Whatever library you’re working at, if you’re working in a Hispanic area, then you want to have books about Hispanics. You have other books too, but you want to cater to your audience. You’re working in an Asian neighborhood, you want to have those books. So we’re at a prison and it was still like a public library. We had a large percentage of Hispanics, Blacks, and we had others, then we had whites. I wanted to build a collection to reflect that so I didn’t give that any thought. I went and started ordering books. I went to a bookstore in Oakland called Marcus Books, I believe, and ordered some books and I was with some other librarians throughout the state.
    Then I get a call from my supervisor, hey, I need to talk to you. I go in there thinking, okay, what’s up? And he said, hey, warehouse says that you ordered some Black books? And I’m thinking, okay. There’s more to the story, right? And I look at it and go, yeah. And he goes, well, we’ve never had Black books here before. What do you mean you guys haven’t had Black books? You’ve had Black inmates, right? Well yeah, we have Black inmates. We had them when I came here 20 years ago. So he went on and what happened was that somebody in the warehouse had written a letter to the warden, complaining about having Black books.
    My supervisor had to justify the books so he was trying to get from me why I ordered Black books. So I told him, hey, these are not just Black books, these are books from American history and the reason why they exist is because American history books do not include the stories of people of color. And that’s when I was building a collection to reflect the inmate population. I had some Hispanic books coming, I had some Native American books on order, and that solved this problem. Oh, no problem. He had this answer for the warden. So that was a lesson for me that he was not anti-Black books, he needed an answer to his problem at that moment to respond to the warden. I had other issues too with folks but that’s that story.

    Mansa Musa:
    For the benefit of our audience, you’re in Soledad, you’re in the California prison system. This is in the ’80s, this is on the heels of George Jackson, this is on the heels of the San Quentin Six, this is on the heels of a serious upheaval in San Quentin, Folsom, and these other institutions. We were talking earlier and you said when you came in, the number of prisons that existed versus when you left the number of prisons that existed. I can identify what you’re saying about individuals but the general politics of the correction system back then was that… Because of George Jackson, because of the education, they looked at prisons as being more of an incubator for alternative revolutionary thoughts. So that might’ve had a lot to do with it. But talk about the Space Cadet and the reason why I want you to talk about the Space Cadet, because in prison, and when he was talking about it, I thought about a guy that was in the prison where I was at, and he was real knowledgeable of the Bible when he first came in.
    He was really into that going to church and worshiping his God as he saw him. But he was real knowledgeable. He was real well-read in the Bible. For whatever reason, he had a mental health issue. So he lost his faculty to deal with reality. And so he used to walk around and just randomly, wherever you was at, just start spewing out Bible verses. And wasn’t nobody there, wasn’t nobody looking at him or nothing. He’d just be like… And so we had a term for it. We had a term that we used to call him, to our ignorance, that we would call them. But then they started calling them the Prophet. So talk about the Space Cadet.

    Fred Winn:
    Okay, well, my point in that story was the fact that we needed mental health counseling and training and awareness and all that kind of stuff. This inmate that came to the library, and we had all kinds of people there, and he wanted to talk to me. And sometimes they had issues that they needed to address or things they thought I could help them with. So he comes in and he’s from outer space and he has this issue he’s trying to address. They want him to get back on the mothership and head out. And I’m looking at him thinking, “This guy is…” but then my mentor comes in and I said, “Hey, maybe you can help us with this problem.” So the inmate, Space Cadet, talks to my mentor and tells him, “Hey, I’m from out of space,” and blah, blah, blah, blah. And so my colleague, “Hey, guess what? I’m from out of space too.”
    And he said, “Hey, you know what you need to is put your hat on a certain way to block the radio wave.” And he said, “Now they’re going to call you into mental health office pretty soon. I need you to go there and talk to them.” And so he calmed the guy down. The guy was all happy because somebody else was from outer space too and we could take care of his problem. So then he called the office, the mental health department, and came and took him away and put him somewhere else.

    Mansa Musa:
    Yeah and-

    Fred Winn:
    So my point of that story is… Go ahead.

    Mansa Musa:
    Yeah. Nah, nah. And I think that for the benefit of our listeners and our audience is that this is the part of the book, or this is part of the storytelling, that shows the underbelly of the prison system, the prison industrial complex, in terms of the precedent. A lot of the trauma that we go through while we’re incarcerated and the evil in most institutions. They don’t have people that’s sensitive towards a person that succumbed to the pressure of being incarcerated for lengthy periods of time. In some institutions they do. In this case, it looked like, it seemed that y’all had, with you and your mentor, y’all had a sense of humanity towards the person and ensured that they got the proper treatment that they needed. Was that the case?

    Fred Winn:
    Well, yes, because there are a lot of people that have issues, right? And they didn’t really have that program set up at Soledad at that time. But the mental health department, the psychologist, psychiatrist, interviewed him and then they removed him from that prison and they sent him somewhere else where he could get help. That has really changed though. Now they have so many different programs, and due to lawsuits that occurred while I was there, they have whole institutions that deal just with mental health issues and with medical issues. So I’m happy to say that that is no longer, when I left anyway, that was no longer a major, major issue. They had entire units that only housed mental health inmates. And they got training, and they got daily activities geared for them, and they’re able to address their concerns.

    Mansa Musa:
    And then too, in your storytelling, you go from… And like I say, it’s effective. For me, it was an effective writing style. You go from, you got a story, but then you come and you do what might be considered social commentary on historical conditions, transition in prison. I think that was one of the topics. Talk about why did you see the need to interject these subject matters within this book, when it’s like, even though it’s premised on a lot of actual events that’s taking place, the historical information that you provide, or the commentary you provide, is consistent with what’s going on in society. Why do you see the need to do it like that? Or bring that in like that? Or not just write a book on historical perspective of prison and social conditions as it relate to why prisons are like they are? Why’d you use this particular matter?

    Fred Winn:
    I wanted to humanize it. I wanted to put it in a way that people could relate to it and understand it. There are a lot of things I did not understand about their lives, the inmate lives prior to coming to prison. And for example, I think somewhere in the book I talked about the fact that inmates, prior to coming to prison, they’d be in the car with their friends, the police would pull them over, line them up against the wall, photograph them, get their AKAs, get their information, and then let them go, because they hadn’t done anything. They were not suspected of any crime. The police were just getting information about them. And if you grow up in that environment, what are you going to think about the country that you live in?
    You go to school, the teacher tells you that you have all these rights, and then you realize these rights do not extend to you. You have the right against seizure, being stopped and searched and all that stuff without cause, but this doesn’t extend to you. So what are your views of America? So I wanted people to see that, because most people really are not aware of that. And the war on drugs in prison, hundreds of thousands of African Americans, during the period where I was working there, it was alleged that members of a certain administration in Washington was instrumental in dumping crack cocaine in Southern California in Black communities. So they dumped the crack there, people got addicted to it, then other agencies came and arrested them and put them in prison. That was a setup. And people don’t really understand that. If you’re not from that environment, if you don’t have anyone that’s went through that, you don’t believe that kind of stuff. But it really does happen. It really did happen.

    Mansa Musa:
    Right. And I think that that’s why I was asking about why did you use this particular method? Because that’s what it does. It gives a story, it gives events, and then so when you come with the commentary, a person can be able to make an objective decision on to believe or not to believe, but at least they have enough information to say, “Well, if you putting the crack cocaine in the neighborhood, the prison population explodes. And then these are the things that go on in this population that you created.” But talk about Grant’s Tomb, because one of the things I noticed when I was locked up, and I spoke on this earlier, was about the literacy rate in the prison. And after I got got my GED, I started teaching reading and writing. But before I started teaching reading and writing, I really didn’t know that people couldn’t read.
    And I was in a cell with a guy that couldn’t read. And when he got letters from his female friend about his daughter, he would always have to get somebody to read him. And I wound up in a cell with him and ultimately, we got him to be able to read any guy’s GED. But talk about Grant’s Tomb, because this is another part of the storytelling method and information that’s being conveyed that I think our audience would be able to understand, mainly when it come to their family members, that the necessity for investing in certain things, when it come to the prison industrial complex.

    Fred Winn:
    Well, when I got there, I invited teachers to come and bring their classrooms to the library. So like a little field trip. But I wanted to expand the library services and I wanted the inmates to know that the library was a useful place for them to hang out. It contained information that they could use. So one of the first classes to come over, I had developed a little quiz, right, as a teaching method. I had different reference tools, I think current biographies and almanacs, things like that. And one of the questions was like, “What’s the address of…” I think it was popular singer. I forget her name, but a popular singer at the time, was is her address. So they all excited, because they’ll thought, “Oh, I’ll get to write to her.” And I had other little questions, but at the start I wanted to give them confidence in using the library. So I put what I thought was a very easy question for number one. The question was, “Who is buried in Grant’s Tomb?” I figured it would give confidence, [inaudible 00:23:08] question number two, right? And then number three. But after a half hour, I walked around the room and they were all on the first question. They were going through the books trying to find out who was buried in Grant’s Tomb.
    So anyway, [inaudible 00:23:22], boom, boom, boom, boom. And one guy said, “Oh, this test insults my intelligence.” But they all kind of laughed. And I had kept and saved up some magazines I was going to throw out. I said, “I’ll give them magazines if you get the answers right.” So I gave out some magazines anyway. But out of that class, several members, they all either finished, reached the sixth grade, or they transferred out before they did, and some of them stayed and they got their GED. At least one person stayed there and he became a college graduate from the local community college. And then others went on and went to the vocational trades and got a vocation. That’s when they had that there.
    So I want to show that, once again, these programs are worthwhile. Once the inmate has the skill that he can market and get a job, then he has a better chance of surviving, making it on his own once he gets out. So that was the point of that story. I wanted make it… That really did happen. I was to try to make it amusing so people would read it, but then they would make the connection, “Well, maybe we should have money for educational purposes, or have money for vocational training, and have college back in there.” Because they had all these college programs, but then they stopped all that. And that was horrible. That was one of the worst things they could have done.

    Mansa Musa:
    Right. Right. Yeah, because when they took that Pell, I remember the crime. Because I was going to a college in the Maryland prison system we had what they called the extension college, extension program. In the district, in this area region down here, each college took the prison population. Like if the institutions was in the one region, then where Morgan State was at, Morgan State HBCU would be the college that serviced them. If it’s in Baltimore area, Coppin State would be the HBCU that would service them. If you in western Maryland Park, it was Frostburg. But what happened, and what was going on during that time, all of us that was in the institution, it changed the institution, because now people are more educated and the conversations are more along the line of being more informed. Once they took them Pell Grants out, that opened the door for the proliferation and infestation of gangs. Fred, talk about why all lives don’t matter? Because as you go on, you delve deep into a lot of the social agenda issues. And you do it from a perspective that it has a slight religious overtone in and of itself. But I want you to explain that. Your view on that and why you chose to interject it in this book.

    Fred Winn:
    Well, originally, I was just going to write about different stories about inmates, in hopes to dissuade young people from traveling down certain paths, right? But then while I was writing, it took me several years, I’d write a bit, then I’d put it down for a month or two, the pandemic hit. But the George Floyd tragedy occurred. And I didn’t watch the whole video. I saw that initial part. And they said he had a $20 counterfeit bill, I think it was. But you don’t get the death penalty for having a counterfeit bill. You don’t even get the death penalty if you have a machine in your house pumping out money. You don’t die. They don’t kill you for that. Yet he was killed. And I thought that was unfortunate. Tragic. But what was just as bad was the fact that so many of my fellow Christians didn’t seem to think… it was nothing wrong with that. So the concept of Black lives matter came up. And many Christians said, “No, no, no. All lives matter. All lives matter.” And I just thought that was just disgusting. How can you say all lives matter when he lost his life over $20? So I just thought that was horrible.
    So I started writing about that and I realized that during the civil rights struggle when I was growing up, you were growing up too, it took place in the Bible Belt, the place with strong Christian values, the Bible Belt, right? But the Christians in the Bible Belt were totally against that achievement for Black people. And these were Christians. But then you go back a little bit further, the Christians in the Bible Belt were in full support of the enslavement of Black people. And they were Christians. Then you go back even further, in 1493, Pope Alexander put out a Doctrine of Discovery. And he spoke for the Christian Church. He was to Pope, but at that time, that was before the Protestant movement. So he spoke for all Christians that were in the West. He said that if you go to an area like Columbus did, into, he thought he was in India, but he was not in India. If you go to an area that does not have Christians, you can kill them, basically, take their land, enslave them, take all their resources, and et cetera.
    And so you have things like the King of England was selling land in the States… or not the States at that point… to North America, to people [inaudible 00:29:38]. They’d come up with a piece of paper, said, “Hey, I own this plot of land.” But he didn’t have the right to sell that land. That wasn’t his land. It was already being occupied. It was already belonged to somebody else. So I just kind of brought all those things in, showing the hypocrisy, and the fact that Christians have done harm to society, to the body of Christ, and the people who claim they’re Christians are not necessarily following Christ. So that was my whole thing with that. I wanted to talk about the church, the role of the church, the role of the media in portraying Black people and people of color the way that they do. It’s much better now, but the way that it was.
    The criminal justice system, all right? I went on how… well, for just example, Ronald Reagan, President Reagan, he was Governor Reagan at the time, he wasn’t President, he was a normal governor. He went to Philadelphia, Mississippi to announce that he was running for President. Now, he could have went to Sacramento, announced he could have went to Washington and announced it. He went to Philadelphia, Mississippi. That place was only famous for the killing of civil rights workers, right? And there was two whites that got killed. And it caused a great deal of attention because two whites got killed, along with, I think a Black, African-American. And the whites came down from the north. And so Regan was saying, “Hey, I believe in states’ rights.” In other words, to my way of thinking, he was saying, “You can treat people any way you want to. When I’m President, I’m going to ensure that that’s the case.” And I think that he followed up on it. So I wanted to show that he had full support of the Christians. The Christian supported him. They had a guy named President Carter, who I believe was a Christian, but the Christians abandoned Carter and went to Regan. So I just found how a lot of the people that claim to be Christians are anything but.

    Mansa Musa:
    Right. And in that regard, right, you spoke on Dr. King, and I remember Dr. King’s letter from, I think it was in Birmingham, Alabama, or where he wrote where he was being criticized by the clergy for having a social agenda and being a Christian. They were saying that it’s a contradiction. That you can’t be a Christian and have a civil rights agenda where you opposing the government, or that you asking for equity. That you cannot do this. And he wrote the letter telling that, basically what you’re saying. But why did you bring Dr. King into the analysis? Because like I said, you showing the effects of the prison industrial complex on people, and you humanizing the people, in terms of how they adjust. You showing the connection between the church and, as far as you perceive it to be, in terms of the least of these, and their perspective towards the least of these. And as their doctrine say, they should be concerned with the least. Why’d you bring Dr. King in this?

    Fred Winn:
    Well, I think right before that I talked about a guy that, who I can’t think of his name, but he was returning from World War II. And he was on the Greyhound bus coming back and he asked the driver, “Hey, let me stop and use the restroom.” And the driver got mad, but I guess he stopped and let me use the restroom. And then he called him a boy. And the soldier goes, “Hey, I’m not a boy. I just came back from the war.” And so he was talking back to the bus driver. So the bus driver gets to the town, he gets off and calls the police. The chief of police shows up, grabs the guy, they take him to the jail, and they put his eyes out. And then they pour liquor on him to say he was drunk. Okay? So then they have this trial. The police chief, no one does anything. Then finally the federal government steps in and brings charges against him. Within five minutes after the prosecution, the trial, the court proceedings, the jury gets together. Then five minutes later they come back and say, “Not guilty,” right?
    And that was common, very common. This guy lost his sight. He’s a veteran and yada, yada, yada. So then King is in jail. After that I talk about King, several pages later probably, and how he was in jail, right? And several of the leading preachers in the town said, “Hey, if there are grievances that you have, you should go to court.” But that’s insane. That’s absurd. That soldier, they tried the guy that did that to him, and they found him not guilty. That was common. Most of the time they didn’t even do anything to people. The KKK. They didn’t do anything to them for all the people they killed or lynched and all that stuff. Medgar Evers was killed in his front yard. And years, years, years later, they finally… so that was coming. So my point was that King was right. He was right to protest and do what he’s doing. And the people that told him, “Hey, you need to go to court.” They were full of crap. They knew that nothing would happen.
    But there were a couple, I put this in, there were a couple of white ministers that were true Christians. And they got run out of town because, you know? And one guy, I think he stayed, but they put sugar in his gas tank, they bombed his house, or threw bricks through his window, and they did all kind of horrible things to him. So yeah, the Bible Belt is not a place that people believe in the Bible, basically is my point.

    Mansa Musa:
    Right. Right. I got you. And as we close out, what do you want our audience to know about The Least of These? They takeaway. Are they taking away that this is a Christian book, a religious book? Are they taking away to be that this is a social commentary on prison industrial complex? What do you think their takeaway should be?

    Fred Winn:
    Well, it could be all those things. I think that we should think about the things that we hear. We’re constantly told today that we’re a Christian nation, but when did the Christianity start? Did it start in 1493 when they came over here and started stealing and killing? Or did it start when the Native Americans were forced off their land, the Trail of Tears? Did it occur when Blacks were brought over here to be enslaved for hundreds of years? I mean, when did this Christianity thing start? And all lives matter. When did all lives start to matter? I mean, I don’t see that. I don’t think all lives matters today. I don’t think they’ve ever mattered in this country.
    But I want people to see that, first of all, we have an opportunity to change the way we do prisons. And we need to start doing that. Otherwise, we’re going to still have people come in, not receive any type of training, go out, and then come right back in. We need to have resources for them. We need to invest in underperforming schools. We need to bring them up to par so that every student has a shot at being the best that they can be. And we need to get back to the church. If you say you’re a Christian, you need to start acting like a Christian. You need to start believing in what Jesus said. And you need to stop going to churches that preach the opposite. There’s ministers, I think I mentioned two in the book, I won’t call them out now, but they were anything but Christian ministers, although they were under people [inaudible 00:38:35] that they were, the abortion movement started because of opposition to integration.
    The leaders of the anti-integration movement, they couldn’t get people to get on board until they found the abortion issue. And then people said, “Oh, yeah, yeah.” So then they kind of did the abortion thing, “We’re against that.” And then, “Oh yeah, well, so I guess we’re also against this other thing over here too.” And that has worked completely ever since. People that oppose abortion tend to also be conservative on social issues. Not always, but that’s a major part of that group. So my thing is, who do you listen to? Who are you paying attention to? Be careful who you follow.

    Mansa Musa:
    Okay. And Fred, how can our audience get in touch with you and learn more about your works?

    Fred Winn:
    Well, the book is available on Amazon or wherever books are sold. E-book is on Amazon. It’s only seven bucks. The E-book is $7. I have a website, fredawynn.com. So those are my contacts.

    Mansa Musa:
    There you have it. The real news, rattling the bar. This is not a interview about a religion. This is not an interview about someone’s opinion. This interview is about humanity and how we look at humanity. And Fred gave us some insight too, from his own experience, from being in the correction system as a guard, a case manager, and a librarian. And in these three areas, you see the prison system from the ground up. And he was able to give us some insight into how the prison industrial complex impacts people and how it doesn’t invest in their return to society. But more importantly, how we take our belief systems and interject them into the prison industrial complex, or into society, to oppress and suppress people. Thank you, Fred. Thank you for this enlightened interview. And we wish you much success in your endeavors as you go forward.

    Fred Winn:
    Well, thank you for having me. Have a great day. Thank you.

    This post was originally published on The Real News Network.

  • In 2023, Sgt. Ethan Newberg of the Baltimore Police Department pled guilty to misconduct in office—a charge he was initially given four years before. Now, body camera footage of one of Newberg’s nine known illegal arrests has been recovered by Police Accountability Report. The video shows Newberg escalating a parking ticket given to a FedEx driver to the arrest of a bystander who attempted to attempted to intervene on his coworkers behalf. But Newberg didn’t stop there—he even contacted FedEx in an effort to get the man he was arresting fired. Taya Graham and Stephen Janis discuss the case and the lengthy investigation and trial process that followed, throwing light on just how difficult it really is to hold police accountable for abuses of power.

    Production: Taya Graham, Stephen Janis
    Post-Production: Stephen Janis, Adam Coley


    Transcript

    The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

    Taya Graham:

    Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. To do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible. Today we’ll achieve that goal by showing you this video of a police officer arresting a man for talking. I am not kidding. But it’s why this cop felt empowered to abuse him and how the justice system fought to protect the officer that we will be unpacking for you today. It’s a story that reveals a troubling truism that this video goes a long way towards revealing. When police break the law, it can be challenging to hold them accountable.

    But before I get started, I want you to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews.com or reach out to me on Facebook or Twitter @tayasbaltimore and we might be able to investigate for you. Please like, share and comment on our videos. It helps us get the word out and it can even help our guests, and you know I read your comments and appreciate them. You see those little hearts I give out down there and I’ve even started doing a comment of the week to show how much I appreciate your thoughts and to show what a great community we have. We do have a Patreon called Accountability Reports, so if you feel inspired to donate, please do. We don’t take corporate dollars or run ads, so anything you can spare is truly appreciated.

    All right, we’ve gotten that out of the way. Now, as we often discuss on this show, holding police accountable is not just difficult, but an ongoing challenge. Part of the reason for this is simple. Even when cops are caught breaking the law, the justice system often seems reluctant to punish them. This just isn’t my opinion. Today we have undeniable proof. That’s because the video I’m showing you now reveals how that system actually works. It depicts a former Baltimore police officer named Ethan Newberg making an illegal arrest that nearly destroyed a man’s life. An abuse of police power that is just as shocking as it is matter of fact. But what makes this video even more troubling is how we had to fight to obtain the video and why our state’s law enforcement establishment wanted to keep it secret.

    But first, we need to review the evidence in detail and for that, we have this, the body worn camera video of one of nine illegal arrests made by Baltimore Police Sergeant Ethan Newberg. Newberg pled guilty to misconduct in office in 2023. Those charges were brought by the office of former state’s attorney Marilyn Mosby in 2019, whose body-worn camera review office caught the illegal encounters and outlined charges that same year. The story of this illegal arrest actually begins in 2019 in a parking lot of a Baltimore city shopping center. There, police were writing a ticket to a FedEx driver who had stopped next to a curb to deliver a package. Obviously, ticketing a person delivering a package is questionable at best, but this video is not about a parking ticket. Not hardly.

    That’s because another FedEx driver arrived on the scene and began to argue on his coworker’s behalf, a show of driver solidarity that police soon determined was unacceptable. Now, just a note, some of the audio from Officer Newberg’s camera is distorted, which we could not fix, but we still thought it was important enough for you to hear it regardless. Take a look and a listen.

    Video:

    All right. I see this man writing me a ticket. There’s a car behind me. I run out here, I tell him I’m ready to move my car. He tell me he can’t. He got to finish it. He started writing it. Man, you don’t have to finish that. I sat there and say, “Well, did you give the person behind me … There was a car right behind me. Did you give the person behind me a ticket and write that stuff up for them?” He’s like, “What car? “Man, you seen it.” He turned right there and said, “Oh, that car?” “Man, stop playing with me. I came out here to move my car. Stop it.”

    Come on, now. I literally walked and saw him writing and I came right out here and said I’m going to move my car. He going to tell me, “Oh, I got to finish writing it.” You don’t got to finish writing that.

    [inaudible 00:04:22]

    I’ll tell you what, you got about three seconds to stop him. Pull him over, pull him over. Stop him. Stop him.

    Taya Graham:

    Now, I’m sure like me, you were confused by this video. What exactly was the crime that the driver committed? Since when did speaking to police constitute a crime? But that brief exercise of the constitutional rights of the driver was met with a resounding show of force, cuffs and detainment. Just watch.

    Video:

    Driver’s license and registration. No, no. Driver’s license and registration.

    What’s up? What’s up?

    Driver license?

    Come take it. You a bitch, man. Like I said.

    Take him.

    For what? For what? For what? I ain’t do shit. For what?

    [inaudible 00:05:10]. Call the FedEx company. Tell him his driver’s under arrest.

    For what? For what? I see another FedEx driver getting in trouble.

    You’re not going to curse at officers and create a disturbance out here. Your truck’s gone. Your job’s gone, I hope.

    That’s cool.

    You have no right to even have this job.

    You have no right to assault me like that. For talking to another employee? Yeah, I ain’t do shit.

    You’re not going to cuss at the police.

    Taya Graham:

    Now, even after the driver was pushed into the back of a patrol car, Sergeant Newberg was not done. What you’re about to see next is a point we make on this show that is often ignored or at best underestimated. That’s because even after Officer Newberg had clearly made an illegal arrest, the next step he took was even more disturbing. Just take a look.

    Video:

    Stop for another FedEx employee. Both of us works for FedEx, yo. Both of us work for FedEx. This man asked me for my ID.

    Well, hopefully you won’t be working for them long.

    I gave this man in my ID, right? He took my ID out my hand and grabbed my other hand and said I’m under arrest. For nothing. For nothing.

    You’re under arrest.

    For nothing.

    Disorderly conduct.

    For nothing.

    Sir, step in the vehicle. Sir.

    That’s crazy.

    Have a good day.

    That’s crazy. I’m going to work.

    I need someone to pick up the phone. I need your boss’s number.

    That’s what I’m asking them. I’m saying can I get my phone out of my car so I can get you all that information?

    No.

    I’ll walk with you and all that. I’m not even going to do none of that. You already got me cuffed up, man.

    No, you’re going to jail and I’m calling your boss to come get your truck.

    That’s okay.

    What’s your boss’s number?

    It’s in my phone in my truck. That’s what I’m saying to you.

    What happens if I call the one 800 FedEx number?

    It’s going to send you to a hotline and they going to send you through a runaround. That’s all they going to do. I can literally get out the truck … I mean, get out this car and go with you. Yes, sir.

    No.

    It’s right there inside the GPS thing.

    No.

    That’s what I’m saying. Man, I don’t have no problem with going to jail, sir. I have no issue with that. If you’re going to lock me up, lock me up. It’s okay. I understand you’re frustrated. I understand you’re mad.

    No, I’m not frustrated, man. You’re not going to cuss at my officers. You’re not going to put their life at risk.

    How did I put his life at risk?

    You caused all these people to start coming out and cussing and carrying and … we have one guy now threatening us of that.

    No, I didn’t cause any of this. I didn’t cause any of that.

    Yeah, you did.

    I stopped for another employee who I know is another employee and said, “Yo, stop moving your hands around, yo. You don’t want to get [inaudible 00:07:32] dumb ass.”

    It’s all on body camera.

    I know that.

    Police are a bunch of bitches, you’re bitches.

    All this crime going on and y’all stopping a man for a ticket?

    Taya Graham:

    That’s right. Sergeant Newberg told police to call FedEx with what we can only imagine is an attempt to cost the driver his job. I’m not kidding. Literally, for the crime of exercising his constitutional rights and talking. The officer decides that being put into a cage in the back of a patrol car and disrupting this young man’s life is simply not enough. That saddling him with a criminal record and court costs, legal fees, and perhaps bail was still insufficient. Just watch.

    Video:

    Oh, this was unbelievable with this guy.

    Look, what I’m saying to him is like, yo, he right. He right. I’m not sitting here disputing saying, “Yo, you wrong.” I could have handled things differently. Same way this man could have handled things differently. We all could have handled things differently.

    I’m done with him. I’m just calling the 1-800 number now?

    What’s the number, boss?

    I don’t know the number.

    Don’t worry about. Don’t worry about it.

    Crew. What does he … Do you guys … Eddie, what are you doing?

    [inaudible 00:08:40].

    But why is he over at this truck?

    Because I work for these guys. FedEx.

    Get him away from the truck.

    What I’m doing [inaudible 00:08:48].

    Yeah. This is Sergeant Newberg from the Baltimore City Police Department. Do you understand that? You understand what I’m saying? Your FedEx driver in one of your trucks is under arrest and his truck is just sitting out here. I need someone to come get it.

    Taya Graham:

    But that’s not where the misconduct, and I am not mischaracterizing this here, of the unrelenting overreach of Sergeant Newberg ended. That’s because when another resident exercised their first amendment rights, criticizing him for what was clearly an illegal arrest, again Newberg threatened to make the situation worse. Just look.

    Video:

    You get ready to go too.

    Freedom of speech!

    You get ready to go too, big, man.

    [inaudible 00:09:27], officer. Make sure your camera on. Make sure your camera on.

    Go away and take your balloons!

    Taya Graham:

    Now, there are two types of police behavior that I think are worth breaking down in this encounter. Two aspects of how police behave when confronted with wrongdoing of a fellow officer that need to be examined. First, the victim of this illegal arrest shows more dignity than the police who arrested him. I mean, he literally tries to be understanding and even show respect for the officer after he had not had the same done for him. But above and beyond that act of empathy is how many officers who witnessed and worked with Newberg and how they stood by and allowed this illegal act to unfold. Even worse, finding ways to justify it on camera and bolster Newberg’s flimsy case that this driver had committed a crime. Just watch.

    Video:

    Yo, you don’t got to treat us like this. You don’t have to treat people like this. We are human beings. That’s all it is. Y’all want to act … y’all all pulled up here deep. Literally. Literally. Literally. Yo, I didn’t-

    What?

    That’s your FedEx driver.

    We weren’t doing anything to him. He was complaining. He just stopped the other dude.

    It make no sense, dude.

    Bro, you could have just said, “Hey, Kevin, what you do to [inaudible 00:10:43]”, and kept it moving, but you wanted to keep jabbing on him.

    Oh, this was unbelievable with this guy.

    Look, what I’m saying is like, yo, he right. He right. I’m not sitting here disputing saying, “Yo, you wrong.” I could have handled things differently. Same way this man could have handled things differently. We all could have handled things differently.

    Taya Graham:

    But even after sowing all the chaos that upended this young man’s life, Newberg is not done. At least not finished with exaggerating and portraying the driver to his employer as a reckless individual with contempt for the law. Just listen.

    Video:

    So you got locked up for him, but what’s he doing for you? He’s over there and ain’t saying a word.

    You right, man. You right. Sir, sir. You right, because he obviously got more common sense than me. That’s literally what I-

    You really just lost your job probably. Well, I can try to fill you in on what’s going on with your driver, if you’d like to know. A supervisor was called, which would be me, the supervisor, because an employee, I guess he’s on his lunch break, I don’t know what his deal was, was parked in a fire lane in his personal car. An officer was giving him a parking ticket. He was hooting and hollering out here. It turns out he’s a FedEx employee, which whatever, he’s carrying on, didn’t want his ticket. Whatever, that’s his prerogative. The problem became when your FedEx driver pulled up in a truck, I guess he is a fellow employee of this gentleman, stops in his FedEx truck and starts cussing at the police and making a heck of a scene. He’s told to knock it off, he continues, and now he’s cussing at the police and people are gathering. I don’t know what this guy’s deal was, but it got to the point where based for safety issues for the police involved, he was taken into custody. I don’t know what this guy’s deal was or what his problem was with the police, but now we have a FedEx truck running here sitting in the middle of the roadway in the shopping center, and we got him in handcuffs in the back of a car. That’s where we’re at.

    Taya Graham:

    Just to put an exclamation point on how troubling this entire encounter is, I want you to watch how this arrest actually unfolded and compare it to how Officer Newberg described it to his employer. Let’s watch the arrest and then play back Officer Berg’s description as we play the video of what actually happened.

    Video:

    A supervisor was called, which would be me, the supervisor, because an employee, I guess he’s on his lunch break, I don’t know what his deal was, was parked in a fire lane in his personal car. An officer was giving him a parking ticket. He was hooting and hollering out here. It turns out he’s a FedEx employee, which whatever, he’s carrying on, didn’t want his ticket. Whatever, that’s his prerogative. The problem became when your FedEx driver pulled up in a truck, I guess he is a fellow employee of this gentleman, stops in his FedEx truck and starts cussing at the police and making a heck of a scene. He’s told to knock it off, he continues, and now he’s cussing at the police and people are gathering.

    I don’t know what this guy’s deal was, but it got to the point where based for safety issues for the police involved, he was taken into custody. I don’t know what this guy’s deal is or what his problem was with the police, but now we have a FedEx truck running here sitting in the middle of the roadway in the shopping center, and we got him in handcuffs in the back of a car. That’s where we’re at.

    Taya Graham:

    Even after all this, I think the most troubling moment of this entire ordeal occurs when Newberg, using the weapons of handcuffs, jail time, and the loss of a job to force, and I mean force, the driver to confess that he was wrong on body-worn camera. In this short ordeal of time, Newberg literally manages to violate the Fourth, Fifth, and Sixth amendments of the Constitution in a single conversation, shredding the civil rights of this young man and the Constitution simultaneously. Just look.

    Video:

    Well, what I should have done is just towed the thing and not wasted my time making any of these phone calls.

    Sir, I understand. I understand. I understand.

    I’m trying to help your company out. I don’t have to do all this stuff.

    I understand that, man. I understand.

    Now I’m just trying to figure out now that you’ve calmed down whether to still take you to jail or let you go on your merry way with this truck.

    I wish you would let me go on my merry way with this truck.

    But the issue I had-

    [inaudible 00:14:52].

    Hold on a minute. The issue I have with this whole situation is I honestly believe that you think you did nothing wrong, and that’s the problem I have with this.

    No, I know what I did wrong.

    What do you think you did wrong? I don’t even care if you pulled up and said to your compadre there, “Hey, let the punk police do what they got-“

    See, that’s what I’m-

    You’re not even letting me talk. I don’t even care. “Let the punk police write you your ticket. I’m surprised they have nothing better to do” and drove away. That’s not exactly what you did. What you did was you took it to the next level and your anger just came spewing out of you and the cussing and the carrying on and people … it’s all on camera, sir.

    No, I said the fuss and the stuff.

    It was ridiculous. Do you have children?

    Yes.

    You support them with your job?

    Yes.

    Why would anybody risk that to do what you did for him? What is he, your brother? Were we kicking his face in?

    No. Y’all weren’t doing none of that, man.

    Were we choking him?

    It was [inaudible 00:15:57] happening with him.

    You’re a grown man.

    Right, sir.

    You have a family. This isn’t the street corner down here where it’s like a bunch of knuckleheads jumping all over the police and you have nothing to lose. You have a job, a good job with probably a good company with benefits. What are you doing? Get your head on straight.

    Taya Graham:

    Now oddly in the end, Sergeant Newberg lets the driver go, only after he humiliated him, told his boss that he was a lawless instigator and made him confess to a crime he didn’t even commit. But this particular encounter is not the end of this story. There is much, much more to tell about the crimes of Newberg, a story that has to do with the system we often discuss that makes bad policing possible. For more on that, I’m joined by my reporting partner, Stephen Janis, who was in the courtroom with me when Newberg was sentenced, and he’s reviewed the other videos that were released by the Baltimore City Police Department. Stephen, thank you so much for joining me.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    Stephen, you were at the sentencing hearing for Sergeant Newberg. What did he say just before he was sentenced? Was he remorseful? Did he apologize?

    Stephen Janis:

    Taya, we watched his entire proceeding. He was anything but remorseful. He really blamed what he did on the culture of Baltimore policing. That is old school style policing where police were supposed to go into neighborhoods, sow disorder, sort of order people around and he said that was the problem. It wasn’t him. In fact, he said, “It’s amazing that my whole career has come down to a couple arrests on video.” He said, “If it wasn’t for the video, I wouldn’t be here.” It was not a remorseful or I think a man who really put the blame on himself.

    Taya Graham:

    What type of sentence did the prosecutors ask for? What did they think was fair for the crimes he committed against the public?

    Stephen Janis:

    Taya, the prosecutors were quite emphatic that he deserved 36 months in prison. They said that an officer like Ethan Newberg makes it more difficult for officers to go out and do their jobs because people see him, see what he does and think that’s the Baltimore Police Department, it erodes trust in the community. He asked the judge to actually reaffirm that faith in the justice system by giving him a sentence of three years, making him spend some time behind bars like some of the people that he arrested himself.

    Taya Graham:

    Now, Newberg’s attorney argued that in some sense Newberg was just doing what he was ordered to do. In other words, this was just Baltimore policing as it was designed to work. Can you talk a little bit about that?

    Stephen Janis:

    I mean, Ethan Newberg’s lawyer was very emphatic too, saying that, “Hey, this is the culture of Baltimore Police.” Police were supposed to do what I think former police commissioner Ed Norris said, go into a corner and disrupt. That is disrupt whatever’s going on in the community. At that point, I think it was supposed to be targeted at drug dealers, but of course, as we both know who have covered zero tolerance in Baltimore, it was much more widespread and pretty much was applied to any situation where people in the city congregated. Drinking a beer on a stoop, any sort of relatively innocent activity suddenly became criminalized. But his lawyer said that’s what they were told to do. Even Ethan Newberg said in his statement that now officers aren’t going out and being proactive like he was, and that’s why crime has gone up in the city. It really was an interesting argument in the sense that there was very little remorse or very little taking account for their own actions.

    Taya Graham:

    Stephen, as a reporter who has covered the city of Baltimore for 20 years, you saw some of that type of policing before, but it’s extraordinary that’s occurring now because wasn’t the police department under a consent decree when this happened?

    Stephen Janis:

    I mean, Taya, since 2016 the city has been under consent decree with the Department of Justice based upon an investigation that found the Baltimore Police Department engaged in unconstitutional and racist policing for years. This happened way after that. Let’s remember also the Gun Trace Task Force, seven officers, eight officers who robbed residents and stole overtime also occurred during the investigation by the Justice Department. Really it seems like the Justice Department doesn’t have a lot of effect on some individual officers, especially those officers who are used to what we call the old school style of policing in Baltimore.

    Taya Graham:

    Stephen, finally, what did the judge do? What was the sentence for Sergeant Newberg?

    Stephen Janis:

    Well, Taya, here’s what all the ideas put forward by the prosecutor that this is going to show some sort of accountability to the public, Ethan Newberg got just six months of home detention.

    Taya Graham:

    Wait, excuse me.

    Stephen Janis:

    Yeah.

    Taya Graham:

    No jail time for nine different illegal arrests caught on camera?

    Stephen Janis:

    Yeah. Six months of home detention, Taya. No jail time for Ethan Newberg. Not a second in jail. Nothing. Even when I think he was actually arraigned, he went to jail for one, maybe a couple hours and got out. Despite the fact that we’ve caught nine arrests like this on video and that the suffering of the people in the community because of his actions, Ethan Newberg will never see the inside of a jail cell. In fact, at the time his lawyer said that he could serve his time not in Baltimore City where the crimes occurred, but in Carroll County, a suburb of Baltimore, which he said would be much safer for Mr. Newberg. Really it was from the beginning, even though the judge seemed like he was going to sentence him to some time, the judge gave him six months home detention. That’s what the result of what you’ve seen. That’s why people are raising questions about this sentence because they’re saying, “How on earth can we hold officers accountable if someone who’s been caught on video breaking the law doesn’t serve any jail time?”

    Taya Graham:

    Thank you, Stephen. I want you to think about what Stephen just revealed regarding Sergeant Newberg’s punishment, or lack thereof, in the context of the idea I raised at the beginning of the show, how difficult it is to hold police accountable. I mean, the video we just watched was a perfect example of what happens when police powers are allowed to be abused, unchecked, and what it means when we allow our fear of crime to justify law enforcement that is neither lawful or effective. But there is a deeper problem here embedded in the crimes of this officer, an idea that informs why we are still dealing with these types of tactics amid efforts to reform policing across the country. To put it as plainly as possible, I have a very simple reason why police tactics like this proliferate and that despite the best efforts of activists and in some cases even elected representatives, they will continue to persist, a fight over something that may seem entirely unrelated to policing, but if we probe deeper, is actually one of the primary reasons this debate rages on. Asthma.

    Oh, that’s right. You heard me. Your computer, your phone, it’s not malfunctioning. I actually said asthma, a terrible disease that afflicts people from all walks of life that requires them to use an inhaler to survive. It’s a byproduct of industrialization and poverty that consigns people who’ve been affected to dependence upon a medical product that has now been subject to a different sort of conflict, a fight that might seem peripheral, but in fact speaks to the core reason we accept, and in some ways bolster, bad policing in communities that already are under siege. That’s because Senator Bernie Sanders, chairman of the Senate’s Education and Welfare Committee, recently sent a letter to the CEOs of four major pharmaceutical companies. The letter, the contents of which he released publicly this week, asked one simple question; why? Why do four of the largest major drug companies in the US charge up to 10 times more for an inhaler here than they do in other countries?

    Why, he wondered, do the sick people in the US often go without inhalers due to their steep price when a citizen of Germany, for example, pays just $9 for the same lifesaving care? It’s a critical question because according to that same letter, some 25 million Americans suffer from asthma and another 16 million Americans with chronic obstructive pulmonary disease, and both require an inhaler to survive and both must pay multiple times, no exponential times, what their counterparts in European countries have to fork over for the exact same medication. But of course, at this part of my rant, you’re probably asking, “Taya, what the heck does this have to do with a crooked cop? What does the exorbitant price of an asthma inhaler have to do with one rogue officer who decided to make one man’s life utterly miserable?”

    That is a fair question. Please allow me to answer. Both are related because ultimately both are acts of violence. One, of course, is economic violence and the other, a matter of criminal justice, violence against our liberties and civil rights, but both seek to degrade our agency, our quality of life, and erode the rights of the people who are subject to them. I mean, I think we make a fundamental mistake when we limit our conversations about rights to just as specific guarantees outlined in the Constitution, those rights are important, but they mean little to the people who can’t breathe or can’t afford the medicine to prevent them from suffocating. I think the point where both of these injustices intersect is often less tangible, but just as important to comprehend because the unchecked power of officers like Newberg stems from the same pathos of the ability of wealthy pharma companies to gouge the sick and the poor.

    It’s the disease called inequality. While it starts with the big companies charging outrageous prices, it’s enforced by agents of the government like Newberg who uses power to erode our political efficacy and thus our ability to fight back. I mean, if we spend all our time defending our basic rights from one cop, how on earth can we fight the bigger battle for the right to affordable healthcare? If an officer of the law can break the law to break us, what chance do we have to advance or expand our rights not to be overcharged for life-saving healthcare? Seriously, when you think about it, the rights that Newberg assaulted should be the starting point, not the culmination, of our rights. I mean, guaranteeing that the government can’t rifle through our belongings, whatever they want, or that we don’t have to testify against ourselves are not exactly the key to a happy existence. It’s just a basic safeguard from tyranny.

    Which is why I brought up the idea of the extractive expense of asthma inhalers in the context of over-policing. Because what community, what group of reasonable people would decide that the right to breathe should be prohibitively expensive? What type of society would overcharge people for a lifesaving medication while a person in another country with the same ailment pays a fraction of the cost? Is that the policy of the greatest and wealthiest nation on earth? Is that how we perpetuate freedom and democracy, by gouging desperately ill people? Of course, there is one place where our great nation doesn’t mind being generous. Yes, we might overcharge sick people, but there is a group we don’t mind showering with cash and thrusting them into the 1%, and that group are cops, or more specifically Sergeant Ethan Newberg himself.

    That’s right, because the same officer whose crimes were captured on the video that we just showed you was actually notorious for one other rather intriguing distinction. The man who decided to cost another man his livelihood actually held a singular position in the city for which he worked that I think is entirely relevant to the topic of this show. Ethan Newberg, it turns out, was one of the highest paid employees in the entire city. In the year he made all those illegal arrests, he gained roughly $239,000 in pay in overtime, a salary that put him on par with the mayor and the police commissioner, money he made making illegal arrests and ruining people’s lives. He made over a quarter million dollars while violating the rights of Baltimore City residents just like me.

    If I take the precepts of capitalism to its logical conclusion that are free and fair market puts obvious values on goods services and people, there are a few conclusions that I can draw from these facts. One, a crooked cop who makes a legal arrest is exceptionally valuable to society. His ability to conjure reasons to put innocent people in cages actually gives him a real chance of being part of the luminous 1%. Conversely, if you are sick with asthma, it is perfectly acceptable to gouge you for illicit gains. Your life-threatening condition, through no fault of your own, deserves not one cent of compassion from the richest nation on earth. Hardly. In fact, the powers that be have made it impossible for the government to regulate or protect your right to breathe. Instead, they have all but assured companies that they can charge you whatever they want, that they, the rich CEOs and greedy shareholders, can reach into your pockets and extract every single penny in exchange for lifesaving medicine you cannot live without.

    As you can see, it’s easy to ascertain what this country values and what rights really amount to. A calculus I can outline for you before, if you’re keeping score at home. The crooked cop, he is enriched. The sick, they are impoverished. The innocent, jailed. The CEOs, showered with cash. The people, ignored. Our rights, diminished. Our health, monetized and our freedoms, limited. These are the inequities we have to fight. These are the values we must rethink. This is the justice that we deserve and we must demand because all of it is worth fighting for.

    I have to thank Stephen Janis for his intrepid reporting, research and writing and standing with me in that courtroom and helping me fight to get those body camera videos. Stephen, thank you so much.

    Stephen Janis:

    Taya, thanks for having me. I appreciate it.

    Taya Graham:

    I want to thank Mods and friends of the show, Noli D and Lacy R for their support. Hi, Noli D. A very special thanks to our Accountability Reports Patreons. We appreciate you and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon associate producers John E.R, David K, Louis P, Lucita G, and super friends Shane B, Pineapple Gold, Chris R, and Matter of Rights. I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct.

    You can also message us at Police Accountability Report on Facebook or Instagram or @eyesonpolice on Twitter. Of course, you can always message me directly @tayasbaltimore on Twitter or Facebook. Please like and comment. I really do read your comments and appreciate them. We do have the Patreon link pinned below, so if you feel inspired to donate, please do. Anything you can spare is truly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.

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