Across the US, some 50,000 incarcerated people are kept under conditions of solitary confinement. Advocates and prisoners have pushed to define the practice as a form of torture, pointing to the devastating psychological and physical effects it has on victims. In Texas, dozens of prisoners are now hunger striking against the use of solitary confinement in the state’s prisons, which they say disproportionately targets Latinos. Jorge Antonio Renaud, National Criminal Justice Director of Latino Justice, joins Rattling the Bars to discuss the hunger strike and conditions of solitary confinement in Texas.
Studio/Post-Production: Cameron Granadino
Mansa Musa: Welcome to this edition of Rattling the Bars. I’m Mansa Musa, co-hosting with Eddie Conway. And as I always do, I try to update everyone on Eddie Conway, how Eddie Conway’s doing. We ask that you continue to keep Eddie Conway in your prayers, or whatever spiritual medium that you utilize, as he goes through this process of recovery. We ask that you continue to support him and continue to support Rattling the Bars.
Today, as always, we try to bring the news, the real news about events and things going on, particularly in the criminal injustice system, the prison-industrial complex, which is the new form of slavery, mass incarceration, which are chattel. Today, we have an extraordinary story that we shouldn’t even be revisiting, but we are revisiting primarily because of the racism, fascism, and oppression that exists when it comes to people of color, poor people. Today, we have Jorge Antonio Renaud, who is a prison advocate in Texas. He’ll tell you a little bit more about himself. Introduce yourself to the Rattling the Bars audience, Jorge.
Jorge Renaud: Hey, man, so glad to be here. Yeah. My name’s Jorge Antonio Renaud. I’m the National Criminal Justice Director at a group called Latino Justice. First, I want to say the folks in Latino Justice want to send a message of solidarity to the individuals there who… Individuals who are in cages anywhere, but specifically today to the individuals who are incarcerated in solitary confinement in Texas, who have lifted up their voices and banded together into an hunger strike to try to bring attention to the fact that the conditions in solitary confinement are so terrible, they have gotten so much worse with all the money being funneled out to Operation Lone Star here in Texas, to the Texas Department of Criminal Justice being willing to give funds to the apprehension and criminalization of migrants at the border that they’ve ignored those even worse, even more so, the individuals who they deem and the public tend to believe are the worst and the worst, who are locked up in solitary confinement here in Texas.
Mansa Musa: All right. Talk a little bit before we delve into, and which we will, before we delve into the repression that the Texas prisoners are undergoing and the community in general, the suffering as a result, talk a little bit about your organization so we can get an overview [inaudible].
Jorge Renaud: Yeah, thank you. Latino Justice just celebrated its 50th year. It’s a group that specializes in class action litigation based on the model, of course, of the NAACP, that was the first one to do that and focus on ethnicity, because of historic oppression against that ethnicity. Latino Justice originally started as a Puerto Rican legal defense and education fund, and now it tries to, through the legal arena, bring mass litigation to try to lift the burden of oppression and marginalization that has been placed on the Latino community.
About four years ago, they got off into advocacy on the ground. They figured out that what they needed to do was find people who had been directly affected by the criminal legal system or detention and deportation, and they hired me. We’ve got some folks all around the country who are doing this in different states, different regions, Florida, Texas, and the Northeast. We look for people who’ve been affected, directly impacted by those systems. We have them train other individuals, find and train other formerly incarcerated or detained individuals to try to change by using their stories, their direct experiences, to change the systems that have oppressed them and incarcerated them.
Mansa Musa: Okay, now, we recognize that a story came out saying that Texas prisoners are on a hunger strike, and mainstream media really glossed over it. It was alternative media that really set the table in terms of what was going on. Now, when I was researching for this story, I’m looking at the conditions, one – And you can address them as I put them out there – One, they saying that the information that’s coming out is that the Texas prisoners went on strike, specifically the ones that’s housed in solitary confinement, and that they’re on strike primarily because they’re saying that the policies and procedures that’s being utilized to keep them confined to solitary confinement for endless years with no redress or no way to getting out is both draconian, arbitrary and capricious, if not racist.
Address what are the reasons that they’re using for confining men, and women as well, if you are in a female prison, if you are considered a threat. What are they using to justify doing this particular practice that they’re taking these men and women to prove?
Jorge Renaud: Yeah, thanks for that question. The main reasons that TDCJ uses to put people in solitary confinement –
Mansa Musa: What’s TDCJ? What’s TDCJ?
Jorge Renaud: Yeah, I’m sorry. TDCJ is a Texas Department of Criminal Justice.
Mansa Musa: Okay, come on.
Jorge Renaud: That is the state prison here in Texas. They use the same excuses that other states do, hyper-violent against guards or other incarcerated individuals, attempt to escape, things of that nature. But by far, the majority of people who are locked up in ad-seg, administrative segregation in TDCJ, are people who have been identified as members of a security threat crew. And, of course, a prison gang. That was policy in Texas since the mid ’80s. In the mid ’80s, they had some gang wars going on after they took the building tenders out, they were fighting for control. Well, TDCJ couldn’t control them, so they started putting them in ad-seg, and they were still using those reasons to put people in ad-seg.
So the thing is that while they may say, well, these folks are really dangerous, that they’re the worst to the worst, you can have a five-year sentence for a non-violent crime, not ever had committed a violent crime, be in the county jail, get confirmed as a member of a security threat group, you hit TDCJ and you immediately get put back in ad-seg. Of course, in Texas, the gangs that are considered the most dangerous are the Latino gangs, the Mexican Mafia, the Aztec Warriors out of El Paso, those folks. So the majority of the people you have back there are Latinos. And there are some people who’ve been there 20 or 30 years, right?
And it’s circular logic. It’s like you’re dangerous because you’re in a gang and the gang is dangerous because you’re in it, even though you may have never committed any violence anywhere. But TDCJ has decided these groups are dangerous. These people are too dangerous to be let out. We have no way to really protect ourself from them. We don’t know how to deal with that, so we’re just going to put them in ad-seg, throw these sham reviews at them, and keep them back there.
Mansa Musa: You know what? [crosstalk].
Jorge Renaud: Go ahead. Go ahead.
Mansa Musa: Go ahead.
Jorge Renaud: No, I was going to say [crosstalk].
Mansa Musa: You made a good point. You made a good point, though, on how this particular attitude is nationwide. Because when I was in, I did 48 years in the Maryland system. When they first came out with, it’s a case called Helms v Hewitt. That’s the case that they came out with that validated admin-seg. That’s the case that gave birth to admin-seg, saying that I think the case was where we used to use the mandatory language, shall, will, and the Supreme Court was saying that prisons you come through legislations and cases to find the mandatory language of, if you do this, that, and the third you will be…
So they came up with this perspective that, okay, admin-seg is legal, and they primarily came into existence because of a lot of the revolutionaries that was being locked up, white radicals, again, Puerto Ricans, and it was more designed around more of the political element. But now going back to your point, it’s designed around, really it’s racist in this intent, because as you just outlined, it’s primarily isolating Latinos and saying that you going to be tagged as soon as you come through the county jail. You going to be tagged. You going to be tagged.
If you Latino, they going to say, tell me who you with. You MS? You Mexican Mafia? They going to go down the list and if you say, I’m none of them, they going to put one on you so they can maintain their thing. But let’s talk about what’s being done in terms of trying to change these draconian policies and racist policies that’s taking place right now against specifically Latino men and women, but in general, the population in general.
Jorge Renaud: That’s a good question. What is actually being done on the ground? You mentioned policies. As you and I know, there’s a huge gulf between policy and practice when it comes to prisoners.
Mansa Musa: Come on.
Jorge Renaud: A family member will call up, and my son says that this is being done, or, my daughter said this is being done. They’ll say, well, ma’am, here’s a policy, we don’t do this by policy, but of course, you and I know Texas has 109 units and 109 prison units. I’m not sure how many of them right now have ad-seg cells, but I want to say a few dozen at the bare minimum. They have two super max units, right?
What’s being done on one, and I don’t know how it is in other states, but in Texas, the warden is God. There are fiefdoms, and what’s being done on the Estelle Unit may be totally different 12 miles down the road on the Eastham Unit.
Prison policy is meant, I hate to say it, but it’s all to the public, here’s how we do things. We do things that’s governed by whatever accredited body is said to come review us. But when they’re gone, but when they’re at the door and the warden’s at the house, the sergeants on the wing are running the unit or running ad-seg. If they don’t like one guy, and if some dude has been rattling on the bars or trying to get his mail or something, he may not go out to rec that day. He may not get to shower for a week. He may not go out to rec for two weeks.
And all the complaints, Texas has no oversight. Texas has the Ombudsman, which is under the Texas Board of Criminal Justice. Texas has a grievance system that’s pretty well a joke. Also, the only oversight is the Texas Board of Criminal Justice, which is a group of usually law enforcement compliant individuals that are appointed by the governor, same thing as a parole board, right? So there is no oversight. So what’s being done is what you’re doing. What’s being done is what Brittany is doing, the woman who’s from Wisconsin and somehow has taken a deep abiding true interest in the plight of incarcerated individuals everywhere, specifically in Texas. So we try to bring attention to it, but I don’t know if legally we can do anything to change the system.
Now, 10 years ago there was 9,000 people incarcerated back in ad-seg in Texas. It has changed. It has changed. I don’t know if that’s because of the review process, if TDCJ went through and said, this person has been there two years for kicking the bars or what… I don’t know. But I do know that the 3,100 back there have been, I want to say, I forget how many hundred of them, I want to say 500 and something have been back there over a decade. Those individuals are members of a security threat group. Pardon me?
Mansa Musa: No, go ahead. Go ahead.
Jorge Renaud: Go.
Mansa Musa: I ain’t mean to cut you off, go ahead.
Jorge Renaud: I was going to say that the ones who have been there long term are almost exclusively individuals who have been back there confirmed as members of a security threat group who refuse to renounce. Because renouncing, as you and I know is going to mean, tell us everything you know about the gangs. Tell us everybody you know who is doing this. Tell us all that.
It goes not only against whatever moral code these individuals have, but it may involve incriminating other individuals, and they’re just not going to do that. But the thing is, they don’t pose a threat. That’s the thing. They don’t pose a threat.
Mansa Musa: Hey, look, and we going to talk about this right here because another good point you made, you have people locked up and secured in the admin-seg or supermax that you are saying that no matter what, if you Latino and you a prisoner, and you in the criminal injustice system, and you on the plantation, you are gang. That’s just the nature of it. I don’t care what you say. You can say whatever you want to say, if you are Latino, you are in a Texas prison, you are in California prison. When you come through the county jail, you are a gang. You’re a gang. So now you don’t have no choice but to say, well, put me with somebody.
Okay, but that aside, this is what I want to talk about. I want to talk about how when if you saying that I’m a gang member, this is what you do. You say based on your intel, I’m a gang member. All right, and that right there, that’s enough. Not that you got information that I stabbed nobody. Not that you got information that I killed nobody. Not that you got information that I’m extorting anybody. All the things that were going in to make me a threat to the disorder of your environment, you don’t have no evidence to that. Talk about why they’re so adamant about a person telling all the intricacies of a gang, when all they want to do is say, well, I’m no longer a part of that, and why is that not sufficient enough? Talk about why they’re so adamant about them divulging information that they might not even know.
Jorge Renaud: Yeah. Yeah. Okay. [crosstalk] You asking me to speak to a policy that I’m not… So what I’m going to have to do is maybe speak to my belief in the way that system operates.
Now, let’s be honest about some stuff. There are individuals in ad-seg, there are individuals in prison, there are individuals walking the street who are violent, who have committed violence, who can be a threat to themselves or others. I’m an abolitionist. I don’t think that putting people in a cage is going to improve that in any way. There are other ways to deal with that: mental health issues, family issues, providing them the dignity that should be accorded to every individual. There are other ways to deal with that other than saying, we can’t do anything with you, so we’re just going to lock you up in a cage and forget about you.
Having said that, if I’m confirmed as a member of a security threat group and they say, well, if you want to start the process to get out, you have to tell us everything you know about everyone who’s involved in that system, everything you know about this crime, that crime, this crime. It could very well be that what they’re doing is that they suspect other individuals who are also involved in this, it could be that they want to bring an indictment on someone who they believed was involved in some sort of violence against another individual or a guard. I don’t know. Or that’s just their procedure, and I think that’s the big thing.
Prisons are slave to procedure. They have a way of doing things. This is a way that maybe worked, again, 30 years ago. In the ’80s, they were locking folks up. In the ’80s, you could get a shank for a bag of coffee, a serious shank. In the ’80s, if you committed a murder or something against somebody, you might get five years if they decide to try you. Well, those were the policies that were used to say, these folks are dangerous, so we’re going to lock you up now. Well, the fact is, in TDCJ now, in 1985, they had 23, 25 people murdered in TDCJ by other encaged individuals. They had 39,000 people locked up there. They got 124,000 people locked up now, and there’s maybe three murders a year now. Security is much tighter. It’s almost impossible to get a real weapon. Things don’t happen like that anymore. But they’re still using those same policies that were put into place 30 or 40 years ago.
So their belief system is still the same. They have not changed. And a lot of that is because the people at the top were guards in the ’80s, the ’90s, the ’70s. They worked their way up, and they have yet to update the policies and their approach toward the individuals who were incarcerated. Let’s use a humanitarian approach. Let’s go and see what the issue is, why that person joined a gang. Does that person not have a family? Let’s find some emotional, personal, societal, community support for this individual. That’s not the TDCJ way. Their thinking is still stuck in the ’80s.
Mansa Musa: I think and I want to venture an observation that, one, when you look at the prison-industrial complex in Texas, and okay, when you look at Texas, California, New York, this might be one of your larger plantations. Then you got a large plantation, you have people that are immigrants, children of immigrants, or haven’t been nationalized according to America’s standard, so you got this large prison population. I will venture to say that you’re using this as more for a control mechanism than for anything else, because the reality is that if you are saying that – And we were talked about this off camera – If you’re saying that I’m a threat, and we recognize that some people could be threats, that’s not even an issue. But if you’re saying that I’m a threat and you review me every year ’cause they got a modicum of due process in the process, in this concept that they put out, admin-seg.
They don’t give you notice, and they bring you up every year to tell you that they not going to let you off, ’cause this is how it come into existence. The concept is that I’m on admin-seg being investigated, I’ve been identified as being a threat. Once you say put me in a security threat group category, then you taking me up. Now you not taking me up to say that I’m no longer a threat, and this is the control mechanism I’m talking about, now you taking me up to say, well you can come off if you divulge information about the intricacies of this group. So therefore, you got complete control over this population, because now everybody that come in, all you gotta do is say, security threat group, you can isolate them, you can lock them down, and you can keep them locked down forever.
But talk about where the strike stands at, or what’s going on with the strike. Because I know that a lot of individuals opted out of it, but the last time I read it was maybe 40 men was holding fast to it, and continued to stay steadfast in terms of trying to get some… Having a hunger strike in order to try to get some attention to the arbitrary and capricious nature of the Texas Department of Corrections.
Jorge Renaud: Yeah. It’s real difficult to get information that you can rely on [inaudible] people who are incarcerated. This ain’t like some other states who just have eight or nine prisons, and really we have prisons scattered all over the state. And of course, they shut down the mail, they shut down visits to those folks. So there’s anywhere from a few dozen to maybe a 100, but who knows. [crosstalk] Even if there’s one, if there’s one individual out there who’s saying that, who we believe that they’re worthy of support.
And I think that what they have been protesting, I’ll go down two tracks. One is, as you said, the capricious nature of assignment to ad-seg, and then the sham nature of the review. It keeps you back there. Two is the fact that TDCJ has historically relied on the definition of a security threat group as something that is dangerous inherently in and of itself, and just being a member of that group means that you are something or somebody who is too dangerous to walk the halls of any prison in general population, and they’ve been assigned back there.
So some of the conditions are, of course, that they’re not getting recreation like a support group, that they don’t like… Most of the people who watch the show probably know prison and ad-seg, I would think. But in ad-seg, you get no contact whatsoever, no human contact with anybody. None whatsoever. Even the guards don’t touch you. Nobody touches you. You go out in the yard by yourself. You have an hour yard, supposedly, every day, or an hour of recreation. It may not be the yard, but recreation.
Mansa Musa: Right, exactly. Yard, shower and [crosstalk]
Jorge Renaud: Right. Right. You get no programming whatsoever, by programming any education or religious studies, or anything that you want to do to occupy your mind. And hopefully, I don’t use the word rehabilitation, but I use the word personal transformation of yourself, or trying to achieve some better version of yourself, as we’re all trying to do, everybody in existence, hopefully. They’re not allowed to get that and to have any personal interaction with anybody. They’re trying to say that, hey, we need that. There’s a ream of studies out there talking about how the denial of personal contact has negative effects on folks.
I hesitate to use that, ’cause I know people who’ve been in ad-seg for a while and came out and seemed to be pretty well. I’m not going to say that ad-seg in and of itself is going to destroy you and your spirit and your mind to such a degree that it affects everybody. It affects us all in different ways. We all have a different degree of resilience. But the practice in and of itself is inhumane. Treating any individual like that is inhumane, and that’s the point that they keep trying to make. So I think those are some of the goals, and they timed this to begin on the first day of the legislative session.
Mansa Musa: Right. Right. Talk about that.
Jorge Renaud: And well, the legislative session in Texas will have it every other year for six months, January through June. There is a legislator named Terry Meza that I’m going to have a conversation with that has filed a couple of bills to amend ad-seg. Now her reasoning is that these individuals are going to get out of prison, and do you want them to be living in your neighborhood if they’ve been in ad-seg the way it is?
I disagree with that reasoning, because what it is doing is saying that if you don’t change it, those people are inherently dangerous. Instead of saying, they could be contributing members to your community if we gave them the program that they need, if we didn’t treat them in such a way, if we didn’t model these things. But it’s hard, that’s a policy arena. Sometimes you have to make alliances with folks. You have to make arguments to get an end. I tend to argue on the revolutionary edge of reform, which comes from a moral standpoint and not a transactional standpoint, which she’s doing. But it might bring about some change, I don’t know.
But that’s what they’re shooting for. I’ve seen quite a bit of media attention being given to it, and that’s driven by individuals such as you yourself, this program, again, Brittany up in Wisconsin and I thank y’all for that.
Mansa Musa: In terms of the legislative disposition, because I remember when I locked up and I was on admin-seg, and when I got on admin-seg because I knew that case that came in Helms v Hewitt, I knew it was a couple of other cases that came out that pretty much said that this is the new way of doing things. At that time, I had a life sentence. I was saying, a life sentence on admin-seg is like being on death row, because I ain’t going to never get no moves.
So I started litigating, but what I came across in the process of it, they had a parallel regulation for protective custody, and they said that admin-seg and protective custody would be treated the same in terms of the way they… Conditions. So we was able to get a lot of things done as a result of that.
But I’m interested in have anybody thought about this being a Eighth Amendment violation, or in terms of a lot of the arbitrariness that’s going on, the fact that you’re not allowed no program, the fact that you’re not allowed no type of information, no type of contact, no type of information that will allow you to even develop some type of social skills because…? Maybe you can speak on this here, because I’m of the opinion that everybody in Texas on admin-seg, on supermax, I’m of the opinion that not all of them are serving life sentences.
Or at some point in time, it might be somebody back there that got 10 years and they going to be released. It might be somebody that they didn’t identify as a security threat, being a member of a security threat group that has a sentence that’s going to ultimately allow for them to be released. So it stands to reason that you would want to try to do something in terms of putting some information out there to allow these people to develop some type of social skills. Have y’all considered filing some type of litigation against the Texas Department of Corrections?
Jorge Renaud: That’s a good question. I don’t know. I’m not an attorney. Like you, I spent a lot of time in law libraries reading stuff when I was incarcerated… So I don’t know. I would assume that individuals in ad-seg have filed every governor under every Amendment that you could think of, that they’ve probably taken every approach. But as you and I know, the courts have taken the approach that every individual during the course of their confinement is going to be faced with the possibility of being assigned to ad-seg, which is what made it an assignment and not a punishment. For those who don’t know, solitary confinement used to be the hole, that kind of stuff. They’d send you back there three days a week, 30 days if they were really cruel, but they let you out. Administrative segregation is an assignment. You are assigned to live 24 hours a day in a cell by yourself.
It’s an assignment, and the courts have said, everyone’s going to face that at some point. As long as they set up a meaningful review, all this other stuff, they can do that to you. Again, I’m not an attorney, so I don’t know if the Eighth Amendment would be a good way to go about it, I’m sure it would be, but I’m sure there’s some folks back to have already tried that. The Fifth Circuit is not going to let pretty well anything pass that. The Supreme Court we have now is not going to let much pass that. They’re very much on the side of law and order.
I think pretty well the only things that we can rely on are caring, compassionate legislators that will file stuff. Again, they have gone down from nine, 10,000 to 31. Movement such as ours that are of people who were formerly incarcerated who can use their direct experience, the lived experience, and talk to, well, you see me now, you say, oh, you’re articulate, all this, or whatever, so prison can’t be that bad. You try to explain to them about your children and your children, how you can subject them to different experiences, and they’re all going to react in different ways. They have different degrees of resiliency or whatever, but is that the humane thing that you want to do to them? Do you guide them by punishing them? Do you guide them by rewarding them and molding them and giving them examples of what you should do?
So I have faith in our communities and our communities moving forward in that way. I don’t know how much time it’ll take, and I don’t know if the legal arena is the way to do that, because that’s so stacked against us. Again, we don’t have a Willie Wayne Justice around anymore. We don’t have people on the Supreme Court saying that there is no… What is it? That there is no law [crosstalk]
Mansa Musa: Law occurring?
Jorge Renaud: Right.
Mansa Musa: Law occurring between the Constitution –
Jorge Renaud: Yes.
Mansa Musa: …And the prisoners’ rights.
Jorge Renaud: Between people who are incarcerated and people out here, yes.
Mansa Musa: Right. Right. Thurgood Marshall –
Jorge Renaud: The Burger Court. The Burger Court. Yeah, we don’t have that anymore.
Mansa Musa: Yeah, the Burger Court.
Jorge Renaud: We got the Roberts Court.
Mansa Musa: Yeah. Yeah. Yeah.
Jorge Renaud: Yeah.
Mansa Musa: Hey, I’m going to close on this –
Jorge Renaud: All right. All right.
Mansa Musa: …And let you have the last word. But I want to offer to the brothers and sisters, and mainly the ones that’s on the strike that seem to think that this is a way, and I’m in agreement if you take the approach that you think, I’m going to remind him of Bobby Sands. Bobby Sands was a member of the Irish Republican Army, and the Irish Republican Army was in conditions much like these, that everybody that was locked up, they say if you was in Ireland and you was Catholic, then you was considered a member of the Irish Republican Army. So they put you in the worst plantation that’s known to humanity.
Bobby Sands went on a hunger strike and ultimately perished. But in doing so, it changed the narrative over the prison. It changed the attitude of the prison population. It changed the attitude of society as they looked at Ireland and the occupation that was taking place. But you have the last word. What do you want? What do you want our listeners to know and the takeaway from this conversation that we’re having today? More importantly, where can they contact you at, or how can they get involved?
Jorge Renaud: Yeah, thank you. I would like our listeners to walk away with the idea that judging individuals by things that they may have committed in the past, or things that they did commit in the past, or judging them by those things, or denying everybody’s capacity to use insight into themselves and to the system, to the system that has enslaved them and brutalized them and find some sort of forgiveness and try to transform themselves into somebody different, as we all do. We all go through phases. And that to continue to treat people, every individual matters, not just the individual in ad-seg who’s poetic, who’s good-looking, who maybe isn’t back there for a heinous crime, but the ones that are back there for some really ugly shit, every individual, no human is disposable.
For us to continue in that fashion is a reflection on the ugliest part of ourselves. It’s not that ag-seg itself that molds people into that way, it’s us that rely on that system because of individuals that we fear or can’t somehow control. If we can get away from that idea and try to see individuals as the humans that they are, as the beautiful humans that they are, we won’t resort to that sort of stuff. And that there are people such as yourself, such as these organizations that are the face of people who have been there, and you show dignity and compassion and understanding towards people, then I think if we turn to you for guidance or whatever, then I think this would be a better place. That’s a little wordy, man. I’m sorry.
Mansa Musa: Hey, but well put, well put. How can we get in touch with you?
Jorge Renaud: Yeah. My email is jrenaud, jrenaud@latinojustice.org.
Mansa Musa: Okay.
Jorge Renaud: If y’all want to contact and maybe see what we’re doing or have other conversations like this, and they don’t always have to be on TV, man. They could be at a coffee shop in DC, or at a deli in New York, or in Austin. Come to Austin, man, but come holler at me.
Mansa Musa: Yeah, most definitely. All right. There you have it, the real news about Texas prison and the prison strike. More importantly, what’s behind it? This is a control issue on the part of the Texas Department of Corrections, but it should be a humane issue on the part of society. You can’t treat people like animals and expect them to come out and be human. We’re asking that all our viewers and all our listeners look into this and develop some type of conscience about what you think should take place in this situation. Jorge, thank you very much for –
Jorge Renaud: Thank you. It’s been an honor, man.
Mansa Musa: …Giving us this opportunity and this insight. We look forward to working with you at some point in time.
Jorge Renaud: Anytime. Anytime.
Mansa Musa: We remind our listeners to continue to support Rattling the Bars and The Real News. It’s because of The Real News that you get information like this. You’re not going to get Jorge on main media talking about the conditions that’s going on in prison without him having to endorse some commercial. We are nonprofit, we’re not commercial. We are actually what we say we are. We are actually The Real News. And thank you very much.
Taya Graham and Stephen Janis mark four years of holding police accountable with a lively discussion on how law enforcement has evolved in the past four years, and the challenges of reporting on and investigating police misconduct. Stephen and Taya are joined by legendary cop watchers James Freeman, Lackluster, and Otto the watchdog.
Studio: Stephen Janis, Dwayne Gladden
Transcript
The transcript of this video will be made available as soon as possible.
In this urgent, exclusive interview for Rattling the Bars, Mansa Musa speaks with Carla J. Simmons from inside the Georgia prison system, as well as Page Dukes of the Southern Center for Human Rights. Simmons, who has been incarcerated since 2004, recently published an article in Scalawag magazine on the irreparable psychological damage our inhumane system of mass incarceration inflicts on incarcerated people, prison staff, and the communities returning citizens re-enter upon their release. “There needs to be accountability for the psychological damage caused by incarceration as more and more members of society experience it, for longer periods of time,” Simmons writes. “If society upholds the pretense that jails and prisons act as a rehabilitative service, we must consider what condition these people will be in when they re-enter society.”
Mansa Musa: Welcome to this edition of Rattling the Bars. I’m Mansa Musa, co-hosting with Eddie Conway. And as I always do, I’ll update you on Eddie Conway. We ask that you continue to have Eddie Conway in your prayers or whatever medium that you use to invoke a spirituality towards humanity. We ask that you channel that towards Eddie Conway as Eddie Conway recovers through this journey that he’s undergoing right now.
Today we have Carla Simmons, who is making a phone call from prison, and this is not an easy task. So we ask our audience to really pay attention to this subject matter because it’s important. She’s been incarcerated for 20 years. She recently wrote an article entitled “Sentenced to Trauma: Inside the Volatility and Disorder of Prison”. It was published in the Scalawag magazine. Scalawag is a leftist organization that has the agenda of abolishing prisons, humanizing people that’s coming out of prison, and challenging capitalism as we know it.
Welcome, Carla. First of all, why would you take on such a monumental subject? And second of all, why do you think people in society should care about what a person undergoes in prison mentally?
Carla Simmons: So why I would take on it is monumental, but it’s the thing that I’m most passionate about, the thing that I have been most deeply affected by. So I have experienced all of these different afflictions throughout my incarceration, and trying to soul search and improve myself and survive my experience. I’ve dug down to the root of each of my struggles, and at the bottom of each one I find an aspect of trauma, a way that I have been damaged or affected negatively, in the way that trauma is understood by science, which I’m also extremely interested in. So I feel like it is a very, very important topic. It’s very close to my heart. And also, if I had a career dream or a goal, it would be to research trauma and to work with the Center for Disease Control and really bring to light the science and what incarceration does to the physical mind.
Mansa Musa: Why do you think, and I’m just asking this question more so for the purpose of educating our audience, why do you think people in society should care about the mental… We’re talking about an environment that creates such oppressive and dehumanizing events and circumstances that, mentally, a person lacks the ability to be able to make the necessary adjustment, therefore they suffer some type of traumatic experience and recognize that it has a physiological impact on them. But why should people in society care about –
Carla Simmons: Right. Yes, sir.
Mansa Musa: The mental –
Carla Simmons: It’s so important, and I could think of a lot of reasons why we should care about the humanity of individuals and their health and wellbeing. But from the perspective of society, I think that what they could focus on would be that most people understand the carceral system to be a system that intends to reintegrate its population back into society. And so we could go on and on about all the ways the system fails to prepare people for that, whether it be job skills, social skills, emotional intelligence, and whatnot. So not only does it neglect to provide people those things that would be really helpful and beneficial to society, it damages people, making it harder to see the results or success that they’re looking for with re-entry. So if you expect to understand that 90-something% of them will reenter society, we should be very, very concerned about their mental state when they get there.
Mansa Musa: All right. Now, in your article you wrote that it’s a different type of trauma that comes from long-term imprisonment, because here in your analysis that you was making about trauma in particular, was more specifically the impact that it has on long-term imprisonment. You saying that it’s a different type of trauma that comes from long-term imprisonment. How so?
Carla Simmons: Yes, sir. So the one thing is that there’s science behind that. So we have a parasympathetic and a sympathetic nervous system. And the sympathetic nervous system works like the gas. It’s the thing that triggers our bodies that says that we are in danger. And so when you have a one-time traumatic event, like you’re in a natural disaster or a bad car accident or some sort of an assault, your body hits the gas because it’s in danger, and it’s providing you with what you need to know, fight or flight responses. And then when the event is over with your parasympathetic nervous system [inaudible]
Mansa Musa: …Solitary confinement, I went through being isolated 24/7. But to reflect on your point, I want you to give me some examples. Because as you said, when we find ourselves in a long-term environment, long-term imprisonment, we lack the ability to make the distinction. Or because we are in that hostile environment that we always got our foot on the danger pedal and less on the brakes. So do we find out, is it safe to say that that’s why when we see situations in prison where the issue don’t be that severe, it might just be no more than somebody getting in front of you in the line in commissary, or the shower’s crowded and people standing outside waiting to get in the shower and somebody root the line and wind up come from a minor incident to something more volatile and violent. Would that be an example, or would those type of things take place, or can you give us some examples of what you just outlined?
Carla Simmons: Oh, yes, sir, for sure. I think that those examples are good. They highlight a particular aspect of that, and that when you put a body in a high stress response, a perpetual high stress response for years and years and years, the resilient zone, meaning the place where we can handle life’s ups and downs and little stressors: being cut in line, being in an anxious or crowded environment, maybe having where they say line up, no, get back, no, line up and then all frustrated and running into each other. Those are naturally stressful. But when you’ve pushed people to the breaking point, or when people’s bodies have been stressed to the max here, then those minor aggravations become major because the threshold is very, very small. So those examples are great when you’re talking about how this plays out, where little things become big things.
And I think that another thing to think about is that, in a cumulative nature, is how it all just piles up and piles up and piles up on each other. And it could be, I talk about in the article about how the noise inside the institution is maddening. And so how people are always very vigilantly listening because you never know if there’s a fight or if there’s an instruction or if there’s a fire or if it’s nothing. And so you just get up and look, look, look, look all day long. And of course, at the end of the day, nothing has happened, but you’re exhausted.
Mansa Musa: Right, right, right.
Carla Simmons: …All the time. And then of course, at any time during that, if there’s an actual problem or an issue that would require us to regulate ourselves and to use good social skills and some sort of ethical interaction with each other where we would require patience and good listening skills, it’s very, very difficult to expect people to be able to do that under those circumstances when they’re exhausted and have been exhausted by the sheer unpredictability of the environment.
Mansa Musa: And talk about some of the things that go on in terms of the administration, because we recognize that in the prison-industrial complex and mass incarceration being the new form of slavery, we also recognize that there’s no iron curtain between the guards and the prisoners. So is it safe to say that the traumatic experiences that people are undergoing in prison, is it safe to say that the guards are not immune to it or immune to being traumatized? Or have you made this observation?
Carla Simmons: Oh no, that is a really good point. And I’ve actually been talking about that lot. Because as we see that the staff in our institution, and I’m sure [inaudible] has decreed, that there’s much more pressure on the guards to perform with less and less resources, so they also are experiencing trauma. Personally, I think that there’s a certain moral injury that becomes involved when your career asks you to lock human beings in cages and deny them their basic human rights. Even if you don’t recognize it, I think that there’s something that shuts off inside of us that would make that possible to do as a vocation and have some sort of pride or even feel decent about it, would be to sort of cut off that part of your humanity that is denying another person’s [humanity]. Whether or not anyone is willing to recognize that, from my observation, I see it as a very traumatic act, even on its best day.
And now that the system is getting crippled over time, and the job has become much harder, and they’re exposed to violence more and more and less and less resources, then they in turn become more stressed, more on edge, and less and less able to perform their job in a humane, ethical way.
Mansa Musa: And then, too, we recognize that, from your article, that you made the observation that, I think it was in there, where they were saying, you said that the rec officer and the [inaudible] officer, they was getting ready to go the blows, or something. Am I correct?
Carla Simmons: Oh, yes, sir. Yes, sir.
Mansa Musa: [inaudible]
Phone operator: You have one minute left.
Mansa Musa: Okay, we’ll come back.
Carla Simmons: Uh-oh.
Mansa Musa: Just come back in. Just dial back in.
Carla Simmons: Okay. Yes, sir.
Phone operator: The caller has hung up.
Mansa Musa: Carla?
Carla Simmons: Yes, sir. Hello?
Mansa Musa: Oh, okay. Okay. Okay. We are back. Look. Carla, talk about the correlation between the trauma as it relates to the staff and the fact that we know that if you’re in this type of traumatic environment and you work in this environment to retirement like 20, 30 years, is it a correlation between that and alcoholism on their part, or domestic violence on their part? Or the fact that, is it a correlation between that and the guards being the most, you find guards in prison, some of them to be the most brutal? In your observation, have you been able to discern either of those things?
Carla Simmons: Yes, sir. Actually, and I haven’t done a lot of research to know what research would say about it. From my own experience, though, being here for 20 years, I’ve seen some officers throughout their career, so they would start off as CO1s and work their way up into administration. And I know that on more than one occasion, I watched their health deteriorate, their appearance deteriorate. I heard them talk about alcoholism and their struggle with substance abuse. I’ve seen, or at least heard, of their marriages failing and their estrangement with their children.
I mean, yeah, it is obvious that working under these, and their health, did I mention that? Their health just deteriorates. I’ve seen them experience cardiac arrest and having all sorts of really negative physical responses to the stress of being here and the poor conditions and the long hours, and then the trauma that I’m sure that they experienced by being here, and also that they witnessed being inflicted upon the population. So I would be very, very interested to read studies to see if people have been looking at these correlations. But just from my experience and observation, as narrow as it may be, I would say that it’s obviously a problem.
Mansa Musa: And talk about how, ’cause we spoke on this a minute ago about how we become desensitized to certain things going around us. And you was talking about the noise. And I remember my own personal experience when I was in prison, I did a lot of time on lockup. And one of the environments that I was in, lockup environments, in order to get the police attention when somebody was sick, we were banging on the doors, and the police would shut the door and try to muffle out the sound until it become so deafening they had to respond. But I spent maybe a year, two years, or three years in this environment, and the noise don’t affect me. During the years of incarceration, they could be banging, I go straight to sleep. But I became so desensitized to that type of environment. Speak on that and how you might have witnessed some of the desensitization of some of the women that’s around you in terms of them being traumatized and not being able to process it.
Carla Simmons: Oh yeah, sure. So I think desensitization is a major topic here, because I’ve got tons of examples. And the one that pops to my mind, the most obvious, is where people have seizures. And several years ago it was like an epidemic. People were having seizures all over the place. And I don’t know if it was the medicine or the water or maybe the heat. We don’t have central heating and air, so it gets really, really hot in the summer. But regardless, people would just fall out and have seizures all over the place. And of course, it was hard to get somebody’s attention, so people would be running around trying to get help for the people who were having the seizure. But by and large, most people just carried on with what they were doing while people were just falling out. People would keep playing cards and they would keep eating lunch [inaudible].
Mansa Musa: Right, right, right.
Carla Simmons: And you would just have folks on the ground. And then as the environment has become more violent, I’ve heard stories – Which I’ve been very fortunate, I’ve lived in the honor dorm since our environment got incredibly… Since the shift has happened where it’s not the same place as it used to be. But the stories that I hear. I had a close friend who watched this girl, they had been in a fight and there had been an injury, and the girl had passed out, and they had sort of drug her body by the door into a room to try to revive her or hide her. I don’t know what they were going to do. And she said that she just watched the trail of blood slide past her door, and then she went back to reading her book. ‘Cause she can’t get involved because then she could get hurt. And even if she could, there isn’t really an officer to tell. And so people have just had to turn their heads in many, many circumstances where in another environment, without this sort of conditioning, we would be compelled to intervene and to assist.
And I think more and more, I’ve seen people express how detrimental that is to their humanity and their wellbeing. And they live with all kinds of guilt and shame and regret, but it’s buried down so tight underneath the sense of survival and the sense of not really having a choice. You just get used to this. It’s just the way that it is.
Mansa Musa: And do you think it’s a correlation between people leaving out of prison long-term, short-term, and recidivism? You think it’s a correlation?
Carla Simmons: Yes.
Mansa Musa: If so, how so? How so?
Carla Simmons: Well, we know that life is hard. We know it’s hard out there. And if you’re suffering from some socioeconomic disadvantage to begin with, which there’s many, then you’re already at a higher risk for incarceration to begin with. And then we’re going to add on a felony conviction, which makes it harder to get a job. And then of course, it’s difficult. You have to reinstate your license, which takes money that you don’t have, and a job that you can’t get, and a probation or parole fee that you can’t pay, with transportation that you don’t have. And on top of that, you’ve got your system in an uproar, your resilient zone at an all time low, your stress level incredibly high. And then most people will leave with the subsets of the PTSD problems that make it difficult to socialize and interact in normal ways.
We have this desensitized behavior so that we don’t know when to intervene and when not, and our agency has been crippled. And then what else is there for us to do it? Foucault is one of my very favorite historian philosophers, the French guy. And in his writings, The Birth of the Prison, he says something that I’ve always found as very, very profound. He said that the institutionalized prison system as we know it today was established about 250 years ago. And that 10 years after it was established, there was such a thing as recidivism. And that his claim is that if 200 years later we haven’t freaking figured it out, it’s because it’s not broken, but designed to do exactly what it [inaudible]
Mansa Musa: Exactly, exactly.
Carla Simmons: – Which is to oppress and to segregate. And it’s very interesting, because the act of confinement as punishment in and of itself rose into being at the exact same time that the body began to earn hourly wages for labor. So when the body became a method to make money is when it became held captive for punishment. And so there’s this idea that if we can keep people working and we can keep money and we can keep doing this for free, then the systems designed to do that are perfect. And that clearly we’re not trying to help people or integrate people into successful lives where they can go on and live the dream. It’s just not possible.
Mansa Musa: I know. And I was thinking about my own, when I got out, and I’m working with an agency that deals with men and women coming out, helping them get situated. But when I got out, the first thing I got was mental health for myself and mental health space. I already knew that I had issues, but I remembered one incident in particular where I was getting some dental work done. The dentist told me everything he was going to do, and he was doing it. But somewhere along the line, my teeth became so sensitized that when I started eating, I couldn’t hardly eat. So I’m thinking that he did something wrong.
But in my traumatic thinking, I was thinking about how, when you in prison, you have to go to sick call, and you get in and your arm could be falling off, they say, well, put a sick call slip in. They don’t have no emergency mechanism. So I was telling my sister, I said, look, I’m going down to this dentist, and if you do anything other than fix my mouth, I’m going to wind up going back to prison, so I need you to intervene. And she said, very simple, oh, they got to take care of you because you paying for it. But I had lost that ability in that moment to make the connection that I’m in society and I’m paying for a service. And I consider myself relatively intelligent, but the trauma. But talk about why you don’t think that the prison-industrial complex overall should have a more trauma informed type agenda.
And when I say trauma informed type, CDC that came out with a study on what trauma informed environments look like. And one of the things they talk about is safety would be a key component of it. Peer support would be a key point of it. It would be like a culture, historical, and gender recognition would be a key component of it, but it’s another thing. But why do you think that the prison-industrial complex, overall, recognizing that PTSD exists and it exists in prison, why do you think that there hasn’t been a call to have a more trauma informed approach to the prison environments?
Carla Simmons: Yes, sir. I think that’s an excellent question. And it’s really at the heart of why I started doing this writing, because it occurred to me how beneficial it was for the facility, the institution, the system itself, to continue and to perpetuate trauma in this way. Because what we know is that if we can deregulate, desensitize, and completely destroy people, then they are much less likely to become a security threat. And I would argue that it’s done intentionally. Now, I recognize that it may be just a byproduct of all sorts of other factors, just a lack of organization, a lack of resources and staffing, or whatever. But I also know that counterinsurgency is a thing, where if we can take a population and we can imbalance them to such an extent that they will not organize, they will not communicate, they don’t have the mental strength or capacity to demand their basic needs, to talk about their rights.
And so it’s like if there’s the study from the ’70s with Seligman and he is talking about learned helplessness. They use dogs. And so they just shocked them, shocked them, shocked them. And then when they quit shocking them, the dog had been so deteriorated by the shocking process that when it was free to go it just sat there, because it didn’t know what even else to do. And so I make the connection with, if I have to constantly worry about if I have toilet tissue to wipe my ass, then I won’t even be thinking about how I could get out of here or how I could demand that we have clean water or a new pair of pants. Much less to look to my neighbor and see what maybe we could accomplish together, because I’m too worried about whether or not I’m going to miss lunch and if my socks will come back in the laundry, or if there will even be laundry, or if there will even be lunch.
Mansa Musa: Right, right, right.
Carla Simmons: I don’t know if it’s –
Mansa Musa: Go ahead.
Carla Simmons: Go ahead. I’m sorry.
Mansa Musa: No, go ahead. Finish your thought.
Carla Simmons: I’m just saying that, again, I believe that it’s intentional, but I don’t know that it is. And even if it’s a byproduct of a lot of other flaws in the system, that it definitely works to its advantage. I don’t see anyone stepping in and say, oh, well, let’s make these people healthier, when it’s doing such a good job allowing us to police ourselves in the way that we just become very compliant.
Mansa Musa: Well, we know that, according to penology, the concept of punishment is that the punishment is the sentence, and the carrying out the punishment is not to further punish a person, but to prepare a person to return, ultimately, back to society. And that’s in stages. But talk about where are you at right now in terms of, what’s on the horizon for you? Tell our audience. And tell our audience some of the things that you think that they might want to be doing in terms of helping to raise the awareness of the trauma that goes on in prison, and more importantly, the necessity to have a proactive approach to resolution of trauma in prison.
Carla Simmons: So what I think is that, for me, I know that I’m getting near the end of this, and whether that’s two years from now, five years, within the next 10 years from now I’ll be gone. I’m serving a life sentence here in Georgia, so we don’t know what that looks like. It’s been uncertain in its nature from the beginning. And I used to think that if I could emotionally survive this, that I’d be good. So then I got strong enough to handle it, and I think, well, if I can psychologically make it through it. And so I got some therapy and I’ve been reading a lot of books, and I’ve been examining my own self in the traumatic environment and trying to do healing work and whatever it takes to make myself capable of making it –
Carla Simmons: Lately, I’ve been on this kick where I was like, well, now it’s a physical survival, my body we don’t have vitamins and we don’t have adequate nutrition. And like I said, medical care is scant, and the people around me, they get a really bad cancer diagnosis. Now, if we can just make it physically, then we’re getting near the end of it. But that’s just my experience. And what I know is that there’s young people that come into the system every day and the life sentence in Georgia, it used to be a 14-year policy before you were considered for parole. And then, of course, a long denial process. But the kids that are coming in right now, they have 30-year life sentences where they’re not even eligible for parole until after 30 years.
And they’re coming into this very, very crippled environment where, for me, 20 years ago, it wasn’t quite like this. And more and more, we see this rise in violence, this lack of resources, the staff dealing with their own trauma, and the stakes just get higher and higher. And so I think that what we need to really be focusing on is where we’re headed. And where we’re headed is down the freaking drain. It’s not getting better. People are getting hurt, people are being harmed. And that’s something that we really need to reckon with as a society that has the pretense of rehabilitation.
We really need to decide, are we punishing people or are we trying to help them? And riding the line, using one when it’s convenient and the other when it’s convenient is bullshit. And I think that when we confront that and say, no, we really need to be clear about what it is that we’re doing, and then once we get clear, we need to do that. And then that requires society to really take a good hard look at their values, their collective values: who are we and what are we aiming to do? And then taking accountability for the steps to back that up, leave that in. Really, it boils down to policy.
Mansa Musa: And Carla, there you have it. The real news about trauma and the impact that trauma has on the prison-industrial complex. Carla, how can our audience get in touch with you? How can our audience become more aware of some of the things that you are doing?
Phone operator: You have one minute left.
Carla Simmons: Oh yeah. I don’t know. Keep reading, keep watching, keep listening for the voices that go unheard. I think a lot about power and how it is that we try to generate power from this point in society, this very oppressed place. And I know that, culturally, is the only place that I can interject any kind of power. And that’s through art, through writing, through recording this experience. And so as we continue to cultivate these records in our culture, then it becomes ingrained and it becomes, in its own way, powerful. And then one day it will affect the values of an upcoming generation.
Phone operator: Thank you for using Securus. Goodbye.
Page Dukes: It looks like Carla may be trying to call back. Do you want me to try and patch her back in? Okay.
Mansa Musa: Yeah, yeah. Tell her to come back so we can wrap her up. And then Page, at the end, you can say something like –
Phone operator: An incarcerated individual at Arrendale State Prison. This call is not private. It’ll be recorded and may be monitored. If you believe this should be a private call, please hang up and follow facility instructions to register this number as a private number. To accept this free call, press one. To refuse this call… Thank you for using Securus. You may start the conversation now.
Mansa Musa: Looking forward, you expect to be out maybe in the next two to five years. Looking forward, what can we expect from Carla from that point on out?
Carla Simmons: Oh yeah. Okay. That’s a good question. What can we expect? Well, you can expect me to keep writing and to keep talking and to keep reliving the hell that we’ve seen and been through. I know that there’s members of my family who would like me to walk out of here and never look back, and I think that that’s impossible. And I think it’ll always be a part of who I am and what I do. And anything that I can do for the rest of my life that can reach back and bring some awareness, that would shed some light to make this a more humane experience while it exists. And I hope to live to see one day when we’ve erected justice to such an extent that it doesn’t look like bars and wire and cages and punishment and torture. So I want to keep writing and I want to keep talking.
I do a lot of art. I hope that somebody can find me out there expressing this experience and this trauma and the healing that I hope to one day accomplish. I also want to get involved in the scientific side of these things so that we can make real hard proof that it’s not just criminals talking about not getting their way or not having what they want or wanting less steel and more cushion or something, but that we’re talking about a real human experience and real psychological damage that’s irrevocable, and that we can have scientific evidence that proves that it’s wrong. And that way, if we can’t do it on the moral side, then we can do it with the hard evidence that things need to change and that we can do better.
Page Dukes: Hey, Carla, do you want to stay on or do you want to go?
Carla Simmons: Oh, it doesn’t matter. Yeah, I’ll stay on a while, if that’s okay.
Page Dukes: Okay, cool. Carla and I met in prison. We were both in the choir, the Voice of Hope Choir together. We also took a lot of classes together about trauma and how we could manage that with things like zen meditation. We took a class on cognitively-based compassion training, and so we had a lot of conversations about trauma and the way that we could mitigate it in our own lives and also help other people to cope.
Mansa Musa: And overall, what do you think about the overall attitude of the criminal justice system or the prison-industrial complex in terms of their approach to resolving the impact of trauma?
Page Dukes: I think that it is nonexistent. There’s not much of an effort to mitigate the impacts of trauma. At least in my experience, the prison response to mental health is to give you a level. They assign you to a mental health level, and then often they prescribe medication, sometimes very heavy medication. And so medicating people, sedating them might work for the prison-industrial complex, it might work for an individual on the level that they’re able to survive or cope on a medicated basis, but it’s not really doing anything for a person to deal with their trauma, either the trauma that they came with or the trauma that was impounded by incarceration. So I think we have to support each other, because the prison’s not doing anything to help us resolve that trauma.
Mansa Musa: All right. Thank you. We appreciate you being the link between us and Carla. This is a good opportunity for our listeners to be able to get a broader perspective of the overall effects of the prison-industrial complex and mass incarceration. A lot of times people have an attitude or a tendency to think that people incarcerated have a cushy life, but we recognize that overall it’s not like that. It is really brutal, hostile, and dehumanizing. Thank you very much, Page.
Page Dukes: Thank you so much. I’m glad I could be a part.
Mansa Musa: All right, there you have it. The real news about trauma in the prison-industrial complex where we recognize that the ultimate goal of imprisonment is to help a person change from what they was to becoming a better human being. But as we see from this interview will Carla, the prison-industrial complex is using the most harsh, brutal living condition to affect the mentality of most men and women that’s incarcerated, damaging them beyond repair, and not taking any effort to provide them with the necessary mental health that would allow them to remain in society upon release. Thank you, Carla, for this enlightening conversation, and we hope to see you out here making an impact on the prison-industrial complex.
Carla Simmons: Well, thank you so much. It’s been an honor to speak with you.
A Bullock County, Georgia, resident attempted to file a complaint against local police after being denied medical care and placed in an “uninhabited” cell at the local jail. Instead of receiving a case, the man ended up in handcuffs. Police Accountability Report investigates the claims of retaliation.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
The following is a rush transcription and may contain errors. An updated version will be made available as soon as possible.
Taya Graham: Hello, my name is Tara 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 breaking down this arrest by Bulloch, Georgia, police of a man who was visiting a county building to file a complaint about his treatment during a previous arrest.
But it’s not just about how the man who took this video was treated during the ordeal that we will focus on today, rather, it’s also a story about the courage it takes to preserve our rights and to hold power accountable, even when it’s aligned against you.
But first, I want you watching to know, that if you have 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 tips privately at PAR@therealnews.com. Ensure your evidence of police misconduct.
And please don’t forget to comment and share our videos. I may not be able to respond to every comment, but I promise you, I read all of them and I appreciate them.
We do have a Patreon called “Accountability Reports,” so if you feel inspired to donate, please do help support our work. We’ve got a link pinned in the comments below.
All right, we’ve gotten that out of the way.
Now, as we have often noted on this show, holding law enforcement accountable comes with a specific set of challenges, to say the least. Risks that come with law enforcement’s unique ability to retaliate against critics with arrests and charges.
And it’s because of this overwhelming power and its implications, I’m showing you this video we will be focusing on today.
It depicts a confrontation between Bulloch, Georgia resident, Maurice Minas and Bulloch County officers outside a county building. An encounter that began with the simple, yet apparently questionable, act of filing a complaint against law enforcement, an act which would lead to troubling behavior by police. We will show you later.
That’s because, after Maurice entered this building to file a complaint against the corrections officers who he said had been abusive after a previous arrest, a confrontation ensued, which led to a group of deputy sheriffs confronting him outside this government building. Let’s watch.
Maurice Minas: Your name?
Captain Casey: That’s not a complaint form.
Maurice Minas: What is your name?
Captain Casey: Captain Casey. C-A-S-E-Y.
Maurice Minas: Captain Casey. Badge number? You, what’s your name and badge number?
Chief Deputy Bi…: Chief Deputy Bill Black. Badge number 2.
Maurice Minas: You?
Deputy Gabe: Deputy Gabe. Badge number 59.
Lieutenant Greg…: Lieutenant Greg Collins. Badge number 6.
Maurice Minas: And this guy, one more time?
Captain Casey: Captain Casey. C-A-S-E-Y.
Maurice Minas: Okay. So what’s-
Captain Casey: Badge number-
Maurice Minas: … your point-
Captain Casey: … 3.
Maurice Minas: … of coming out here, four deep and hostile like this?
Captain Casey: Nobody’s hostile.
Maurice Minas: Yeah, you came out here, big guy. Now the camera’s on you, you calmed down a little bit. So I’m trying to see what’s going on. I’m not out here harassing nobody. Who came and told you-
Captain Casey: I will give you the complaint form.
Taya Graham: Now, it’s worth noting that Maurice encountered no issues when he first entered this building. In fact, no one even noticed him when he requested a complaint form. But as soon as he did, the cops inside decided he warranted their attention. Take a look.
Maurice Minas: … Nobody. Who came and told you-
Captain Casey: … complaint form.
Maurice Minas: … And I might fill these out-
Captain Casey: Fill it out.
Maurice Minas: … right here.
Captain Casey: [Inaudible 00:03:11] back.
Maurice Minas: Now, who told us-
Captain Casey: Now, after you’re done-
Maurice Minas: … Who told you that I was harassing him?
Captain Casey: … Listen to me. After you’re done, you’re to leave.
Maurice Minas: Okay.
Captain Casey: I’m serving you criminal trespass here. If you come back, you’ll be arrested.
Maurice Minas: Am I trespassing?
Captain Casey: Do you understand?
Maurice Minas: Where’s the criminal-
Taya Graham: Of course, you’re probably saying now, “Taya, he’s obviously been in trouble before. Why focus on him? Why worry about some guy who had been arrested before?”
Well, let me answer that first. As well as hearing from Maurice later, his crime was a run of the mill FTA, or failure to appear for a court date. But for that arguably very human error, Maurice was thrown in jail, later put in solitary, and abused by several corrections officers, according to him.
But on top of that seemingly disproportionate punishment, Maurice’s dilemma also raises a fundamental question. Should our right to petition the government be conditional? Are those same rights contingent on who is exercising them?
Well, I want you to think about those questions, as you watch Maurice deal with officers who followed him. Take a look.
Captain Casey: If you come back, he’ll be arrested.
Maurice Minas: Am I trespassing?
Captain Casey: Do you understand?
Maurice Minas: Where’s the criminal trespassing?
Captain Casey: Do you understand me? I’m verbally serving you, criminal trespass.
Maurice Minas: You’re going to trespass me from a public place? From a public?
Captain Casey: Do you hear me?
Maurice Minas: Where’s the criminal tres-
Captain Casey: Do you hear me?
Maurice Minas: Where’s the trespass, sir?
Captain Casey: I’m verbally serving you, criminal trespass. Do not come back once you fill this paperwork out.
Maurice Minas: Lower your tone, dude.
Captain Casey: If you do-
Maurice Minas: De-escalate, dude.
Captain Casey: … you will be arrested.
Maurice Minas: Okay.
Captain Casey: Do you understand me?
Maurice Minas: Tomorrow, if I come back here, I’m going to be arrested?
Captain Casey: Yes.
Maurice Minas: What? You might as go and arrest me now.
Captain Casey: Still have the paperwork.
Maurice Minas: You might want to arrest me now.
Captain Casey: You need to leave.
Maurice Minas: Ma’am, please? Can I borrow a pen from one of you fellas, please? Oh, y’all supposed to give me a pen. No, I can’t come up here. I’m up here, filling out forms.
Chief Deputy Bi…: You can bring it back and drop it off.
Maurice Minas: I got a pen in my car. Since y’all want to be like that. I’ll be right back for these. Got all y’all back. Y’all think y’all finna do me like that? What law am I breaking?
Captain Casey: Fill it out.
Maurice Minas: What law am I breaking?
Captain Casey: You’ll be criminally trespassing.
Maurice Minas: For what law am I breaking? What? You haven’t said anything. You just said-
Chief Deputy Bi…: Criminal trespass law.
Maurice Minas: … For what?
Captain Casey: Criminal trespass.
Maurice Minas: For criminal trespassing.
Captain Casey: You’ve been served.
Taya Graham: Now, after Maurice asked the officers for their respective badge numbers, the officers decided to give notice, so to speak.
At this point they tell him, in no uncertain terms, he is facing arrest. Just listen.
Maurice Minas: For what?
Captain Casey: Criminal trespass.
Chief Deputy Bi…: Criminal trespassing.
Captain Casey: You’ve been served.
Maurice Minas: Why have I been served?
Chief Deputy Bi…: If you don’t leave here [inaudible 00:05:25].
Captain Casey: Fill out this paperwork.
Maurice Minas: That’s my official business.
Captain Casey: You’ve been told to leave, after you fill out this paperwork.
Maurice Minas: So I can’t come back tomorrow?
Captain Casey: Yep.
Maurice Minas: To even talk to the sheriff?
Chief Deputy Bi…: Yep. You call up here and make an appointment.
Captain Casey: Yep.
Maurice Minas: Where’s my criminal trespass? I need it in written.
Captain Casey: You’ve been served.
Maurice Minas: I need it in writing.
Captain Casey: You don’t get it in writing. [Inaudible 00:05:39].
Maurice Minas: No, I need it in writing. I need it in writing. I’m pretty sure you got to [inaudible 00:05:43].
Captain Casey: I’m not going to argue with you anymore.
Maurice Minas: You guys are going to beat me up, though.
Captain Casey: If you’re going to be tricky and take this paperwork-
Maurice Minas: I know how y’all work.
Captain Casey: … you’re just going to go to jail.
Maurice Minas: That’s why y’all came out here like that.
Captain Casey: Do you understand?
Maurice Minas: I’m going to get my pen to fill this out to appease you.
Captain Casey: Hurry up.
Maurice Minas: And I’m only going to leave and not come back tomorrow under threat and arrest.
Captain Casey: There’s no threats.
Maurice Minas: Yeah, you threatened me.
Taya Graham: And so while Maurice tries to comply with their threat to leave the premises, he still insists on filing a complaint, an attempt to defend his right to file a grievance that leads to further chaos. Just look.
Captain Casey: There’s no threats.
Maurice Minas: Yeah, you threatened me.
Captain Casey: I told you [inaudible 00:06:11].
Maurice Minas: You just said you’re not.
Captain Casey: That’s not the right [inaudible 00:06:13].
Maurice Minas: For what law? What law have I broken?
Captain Casey: That’s not a threat.
Maurice Minas: What law have I broken?
Captain Casey: That’s not a threat.
Maurice Minas: What law have I broken? What statute?
Captain Casey: Get your pen and come fill this paperwork.
Maurice Minas: I’m about to. It’s going to take me all day to fill out all these complaints I got to fill out on all y’all.
Chief Deputy Bi…: Yeah, we [inaudible 00:06:27].
Maurice Minas: No, I don’t need y’all following me to my car.
Taya Graham: Now, after the video ends, Maurice was arrested and I will be talking to him later about what happened and how it affected him.
But first I’m joined by my reporting partner, Stephen Janis, who’s been looking into the case. Stephen, thank you so much for joining me.
Stephen Janis: Taya, thanks for having me. I appreciate it.
Taya Graham: So first, you’ve reached out to the sheriff’s office. What are they saying?
Stephen Janis: Well, I did better than that. I got a hold of the documents that actually led to the charges against him, against Maurice.
And it is astounding. They literally state in the documents, which I will show you on the screen now, that the reason that they harassed him is because he was filing a complaint.
And really the transom here was when they tried to get him to identify who he is complaining against, then they got testy with him. And that’s literally what’s in the documents. I mean, I can’t even believe what I’m reading.
Seriously, you’re going to charge a guy for filing a complaint? And then he comes back to file some more complaints and you get agitated and you’re like, “I’m going to arrest him.”
Well, that’s what it says in these documents in the United States of America. Constitutional or not, I don’t know. It’s bizarre. But that’s what they’re trying to do.
Taya Graham: Is this arrest going to move forward? Are prosecutors actually moving forward with the case?
Stephen Janis: Well, I put a call into them. I don’t see how they can. I don’t see how this is constitutional. I don’t see how this holds up in court. I don’t see what law he’s broken.
So really, if this prosecution goes forward, it’s just a sham. I mean, no, I don’t think it will. I’m going to keep calling them until I get an answer. But, no.
Taya Graham: The inflection point in the video seems to be when Maurice asked for the officer’s badge number and name. What is the law on that in Georgia and anywhere else, for that matter?
Stephen Janis: Well, let me say this. And states do pass different laws, but I’m not going to speak to the law because there can be no law. This is a First Amendment right, to petition the government. There’s no law that any government, any local municipal government, any state government, any government should make against the right of us to ask a police officer to identify themselves. That is clearly the Constitution. And I just don’t believe there is any law that should be able to actually abrogate the Constitution. That’s my opinion.
Taya Graham: And now to get more details on the events that led up to his arrest and what happened after he was put into cuffs, I’m joined by Maurice. Maurice, thank you for speaking with us.
Maurice Minas: Thank you for having me.
Taya Graham: So first, why were you at the Bulloch Sheriff’s Office?
Maurice Minas: To file a medical request practice form. Well, I was actually trying to get a practice form first.
I called ahead and asked him could I come and get a practice letter. And a clerk, I believe it was, told me yes, that I could come get a practice letter.
So I came and got a practice letter. Everything went smooth with that. They were being more than cordial about that.
But as soon as I asked about complaint forms, the whole demeanor just changed up.
Taya Graham: So when did the deputies become aggressive? What were they doing that made you feel like you had to record the encounter?
Maurice Minas: When I asked, “Can I get some complaint forms now?”
And she’s like, “Oh, complaint forms?” Literally, she goes, “Oh, complaint forms? You can’t be out here harassing people.”
I’m like, “Harassing people? I’m not harassing anybody.”
Her whole demeanor, she was being nice and cordial, even though she didn’t want to let us sit down or whatever, she still was being polite, I guess.
But after that, I could just see the snarky attitude.
So she’s like, “Okay, I’ll go get some complaint forms.”
Let me back it up a little bit. Before she gets the complaint forms, I asked to speak to the captain of the jail. It’s Captain Thompson. I asked to speak to him and she’s like, “Okay, I’ll go get him. Wait right here. I’ll be back.”
So I’m waiting. And that take probably like 20, 20 minutes, maybe.
I’m waiting. And she comes back, she goes, “Well, Captain Thompson isn’t here. He went out for lunch. We waiting on him to come back.”
So I’m like, “Okay, can I speak with the sheriff?”
She goes, “Okay, let me see if the sheriff is in.”
She leaves, maybe 20 more minutes. Then she comes back, “Well, the sheriff gone for today. He won’t be back here.”
So that’s when I asked for complaint forms, after that, because I’m like, I see what she’s doing. Even if they were here, I wouldn’t know it.
So I asked for the complaint forms and that’s when she goes, “Oh, well. You can’t be out here harassing people.”
And I literally look around like, “Miss, there’s been nobody here but me the whole time. Who am I harassing?”
Nope, I got to rewind it again. I guess this is what made her say it.
While she was going to get the sheriff or whatever, the nurse who I asked, that’s the main person who I wanted to complain on, she came to the front. She had her name tag turned around.
And she goes, “Hey, I remember you.” Like as soon as she seen me, as soon as she opened the door. I never went inside. I’m still outside.
She goes, “I remember you.”
I’m like, “You do?”
I’m smiling, trying to be cordial, because I know they tactics.
And I go, “You remember me? What you remember about me?”
She goes, “I know you don’t like me.” Literally just like that. “I know you don’t like me.”
So I’m like, “Miss, what’s your name?”
She’s like, “I don’t have to tell you my name. I don’t have to tell you anything.” She literally turned around and walked off.
She said, “Okay, I’ll go get your complaint forms,” with an attitude. Leaves, comes back with the four officers, and I seen them walking down the hallway.
So I got my camera and I started recording. That’s where the video started.
Taya Graham: So after you walk to the car to get a pen, what happened? I mean, it seems like the officers are following you to the car. What happens next? What don’t we see on camera?
Maurice Minas: I’m the type of person, if you do something out of the way, even though I’m behind these walls, I still got rights. And if you do something, it’s only one way to know who this person is doing what. And that’s to identify them.
So much stuff going on in there and I’m standing up for myself and I guess they go, “Well, we got to show him that it don’t matter what you say. You’re here now. We can do this, so we’re going to do this.”
Investigate what? There was nothing to investigate on me, except maybe the incident where they beat me up and did all that. Maybe investigate that. But nobody wanted to do that. I guess it was the CYA, as they would say.
Taya Graham: How long were you held? And what did they tell you?
Maurice Minas: It’s people that came in there, actual criminals. These two guys came in there, caught with a gun and drugs, like pills and powder and stuff.
And me, all I want to do is file complaint forms, got to sit for two days.
But these guys within hours, because they got an attorney, I guess or whatever, they can bond out.
Taya Graham: That really is a serious problem with the criminal justice system, that money can buy your freedom, while innocent people can remain incarcerated due to lack of funds.
So tell me, what charges are you facing? And what is the possible outcome for you?
Maurice Minas: It’s been a little over two years since this happened. I obviously pled not guilty and I’ve had maybe three or four court appearances for this, where I go and they ask me if I want to change my plea or whatever.
And I tell them the same thing, because the first time when I went, I had a little counsel with me.
It’s this pastor called Pastor Eli Porter. Good man. Great man. He’s a head of an organization called the Poor Minority Justice Association, where he takes cases like this, for the community.
And he went with me and he seen the bargain, I guess or whatever they give me, the plea. It was, I think, a year of probation, 40 hours of community service and maybe almost a $2,000 fine, I think, maybe $1,800.
And it kind of bothered him. He’s like, “Hold on. Who came up with this? Did you not watch the video?” He was talking to the prosecutor like this. He’s like, “Ma’am, did you not see the video? The young man didn’t do anything and this what you want him to plead to?”
It goes deep. They’re all friends. They all sit down together and have lunch and talk about everything that goes on in a small town. And you can’t trust none of them, it feels like.
Taya Graham: So how has this affected your life?
Maurice Minas: It literally dampened like everything I had. I ain’t going to say dampen. It bounced out everything I had going on, because I hadn’t been having the best of jobs. I wasn’t staying at jobs, but I found the job that I thought that I could do, as long as I wanted to. Uber and Instacart, I started doing that. So I’m driving. Yeah, easy money making at least $20 an hour, if not $10 an hour. That’s something better than nothing.
It makes you not want to go out. And it’s the anxiety of seeing the police and then be like, ‘Is that one of them? I didn’t get his name. It’s been a while ago. He kind of looked like that guy, but I don’t know.”
It’s that paranoia of not knowing who did what to you, and they could make up anything, basically. So I’ve just been going through my life, stressing about it, but not stressing about it, because it is what it is, I guess. But I have noticed that I got a couple more gray hairs in my beard. I’ve lost plenty of nights of sleep and every day I obsess over it.
Taya Graham: Okay, the arrest of Maurice is not just about the ability of police to retaliate. I also think it reveals something significant about a problem with law enforcement that gets less attention than it deserves. Namely, there are just too many cops dedicated to problems that have little to do with public safety.
Just take a headcount for Maurice’s encounter and you will see what I mean, as he takes a spontaneous sidewalk roll call, in the beginning of his video, you see at least four different officers reluctantly giving their names and badge number. That’s four cops with full police powers. They have so much time on their hands, they can follow Maurice into the parking lot and effectuate what can best be described as a questionable arrest.
But the reason I make this point is not just because the number of cops involved in his arrest seems excessive. It’s more important, I think, as an example of how we have misallocated resources towards policing and how those misplaced priorities are at least partly responsible for the lack of trust in law enforcement.
So let me use the failed war on drugs as an example. And before you say it, I know. It’s an easy target that a lot of people have criticized and rightly so. But I have something specific that might shed new light on how the so-called war has distorted the very fabric of our country’s social compact.
First, as we all know, the war on drugs was a pretense to use law enforcement to diminish the rights and political agency of the working class and minorities. The idea to criminalize addiction was simply a way to monetize the poor and bolster the power of agencies like the Drug Enforcement Administration, that have wreaked havoc on poor and minority communities for decades.
It’s worth noting that even as billions and billions of dollars have been spent on this war, the US continues to notch a tragic 100,000 deaths a year from overdoses, an overwhelming tally of suffering and malaise that has not diminished in the least, in spite of millions of arrests, raids, cops, and prison time. The key ingredients, I might add, of America’s punitive recipe for extracting whatever they can from the people who can least afford it.
But what really caught my eye this week was this article in the Washington Post. A piece that, for me, reveals what happens when you use the process of law enforcement to monetize a problem and how it distorts every subsequent effort to solve it.
The article recounts the lack of availability of a critical drug called naloxone. For those that aren’t familiar with it, naloxone, otherwise known by one of its trade names, Narcan, is what’s known as an opioid antagonist, a drug delivered in the form of a nasal spray that can literally revive a person in the midst of an overdose. It has, quite frankly, saved thousands of lives.
But it could do more, because at the moment, oddly enough, you need a prescription to obtain it. I guess the idea is that when someone you know is overdosing, you’ll hop right on the phone, call a doctor, get a diagnosis, get the prescription from a pharmacy, pick it up and then administer it. You get my point? It’s absurd.
Which is why the Washington Post editorial explores the reason that this lifesaving drug and the aforementioned overdose crisis has not been made available over the counter, like aspirin and cough medicine. The piece asks very vexing and serious questions. With so many people dying, why on Earth wouldn’t we do everything we can to get this drug to everyone who needs it and eliminate the need to jump through hoops to get it?
The conclusion of the piece was another key ingredient of the aforementioned American recipe for communal despair. Corporate greed. Put simply, pharmaceutical companies were worried that the margins for the prescribed product would be greatly diminished if it could be bought without the prescription.
Now, it’s worth noting that the FDA had asked several companies to make Narcan available years ago. In 2017, the article asserts these same companies did nothing to respond, namely Evzio and Adapt Pharma. Neither would explain fully to the post why they hadn’t taken up the mantle and worked to get lifesaving medicine into more hands.
But it raises a fundamental question about how this country works and often does not, and who it prioritizes and why. Because over the period of time the FDA sought to make this drug more available, hundreds of thousands of people died, a toll that perhaps might not have been fully prevented by making naloxone an over-the-counter drug, but certainly could have prevented thousands of deaths.
It really makes you wonder, doesn’t it? Because spending tens of billions of dollars on the war on drugs didn’t require any hand-wringing. Investing in punishment, expanding prison capacity, and putting more officers on the streets, isn’t that hard to approve. In fact, as our sister show, “Rattling the Bars,” aptly reported, the effort to close a prison in California met with stiff resistance even though the state simply didn’t have enough inmates to fill it.
My point here is why is it so easy to make four cops available to arrest a man for filing a complaint, but not to provide a life-saving drug to fight a national health crisis? Why was it so easy to ratchet up the war on drugs by building prisons and funding an extensive investigative agency, but really hard to make a life-saving treatment, easy and inexpensive to buy? Why? And I ask this question, with all the compassion and concern for humanity I can muster, is it easier to slap handcuffs on a person than to administer a drug that literally brings them back from the dead?
These are questions we have to answer, if we want to live in a just and compassionate world, not a country of cops, courts, and prisons, but a community that values health, wellness, and our lives first. Nothing less is acceptable. It shouldn’t be acceptable. We all deserve better.
I want to thank my guest, Maurice, for joining me and sharing his story in his fight for accountability. Thank you, Maurice.
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 appreciate it.
Taya Graham: And I want to thank friends of the show, Noli D. and Lacey R., for their support. Thank you.
And a very special thanks to our 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 R. and David K. and super friends, Shane Busta, Pineapple Girl, 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 @eyesonpolice 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 do have our 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 am your host of the “Police Accountability Report.” Please, be safe out there.
This story originally appeared in Truthout on Jan. 31, 2023. It is shared here with permission.
Over 1,300 climate, justice and community groups are calling for Atlanta Mayor Andre Dickens to resign over the police killing of anti-“Cop City” activist Manuel “Tortuguita” Terán on January 18, issuing a strong rebuke to Dickens for his refusal to even condemn the killing.
In their letter, the groups said that Dickens has stood firmly on the side of law enforcement as Georgia Republican Gov. Brian Kemp has sent in the National Guard to crack down on protests in a continued escalation of the violence and threats of violence against protesters.
“Mayor Dickens has stood by as police violence and rhetoric towards protestors has steadily ratcheted up, including the use of chemical agents and militarized raids on small groups of protestors engaged in civil disobedience,” the letter reads. “Less than a month ago, Atlanta City Council members and activists rang the alarm about the dangers of escalated police violence after an aggressive raid on peaceful protestors on December 13th. Rather than use this as an opportunity to listen or reverse course, Dickens ignored the concerns of council members and his own constituents.”
“Mayor Dickens’ lack of intervention in protecting Atlanta protestors and residents led directly to the fatal raid,” the groups continued.
The letter was signed by groups like climate justice coalition People Vs. Fossil Fuels as well as local, Indigenous and abolitionist groups.
The groups wrote that Dickens has not only parroted Kemp’s and law enforcement’s talking points and narratives on the killing, which activists have questioned, but has also refused to display basic respect to the protesters. Though it has been nearly two weeks since Tortuguita’s killing, Dickens has not offered condolences to their family, the letter points out — but just hours after the killing, he tweeted in support of the police officer who was allegedly injured during the raid of the activists’ camp.
Dickens, a Democrat, has continually supported and championed “Cop City,” a proposal to raze nearly 100 acres of forest in Southeast Atlanta to build an intensely militarized police training facility, despite the vast amount of community opposition and the threat that the project is already posing to the public.
He was one of 10 city councilors who voted in favor of leasing land to build “Cop City” before he became mayor and has not come out against the domestic terrorism charges lobbed against protesters over what appears to be nothing more than alleged trespassing charges — charges that experts say are baseless. Further, Dickens has disparaged people protesting in Atlanta after Tortuguita’s killing and said that protests like these and those of the Movement for Black Lives in 2020 are evidence that policing must increase.
“Mayor Dickens can somehow find $90 million dollars for cop city, one third of which will come from tax payer money. Still, he can’t find money to keep our already overwhelmed hospitals open or to finance much-needed affordable housing,” the groups wrote. “The evidence is clear: we no longer have confidence in Dicken’s ability to govern the City of Atlanta.”
The letter also calls for Dickens to terminate the forest lease, and for an independent investigation into Tortuguita’s killing, separate from the Georgia Bureau of Investigation’s probe, which has ties to the Atlanta Police Department — the same department involved in the killing.
“Climate justice and police brutality are interconnected, which is why we are joining the Stop Cop City calls to action with the frontline communities in Atlanta,” ikiyA collective, a member of People Vs. Fossil Fuels’s steering committee, said in a statement. “It is imperative that we demand an independent investigation into the police murder of Manuel ‘Tortuguita’ Paez Terán.”
Endless expansion of the system of mass incarceration is one of the few guarantees of American politics. Across the country, communities are embroiled in fights to halt the growth of new jails. In a special episode of Rattling the Bars, the Prison Policy Institute convenes activists fighting jail expansion from coast to coast to discuss strategies and methods to fight back.
Stop Building Prisons (podcast) with Sashi James, Maggie Luna, and Avalon Betts-Gaston (Failed Architecture) (featuring members of the National Council)
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 Mansa Musa, co-host for Eddie Conway. And as I always do, I try to update everyone on Eddie Conway’s progress and Eddie Conway’s condition. We ask that you keep Eddie Conway in your prayers, whatever spiritual medium you identify with, as he go forward in his recovery and getting his health back. Today we have a remarkable program. The Prison Policy Initiative is a organization that’s in the forefront of raising people’s consciousness about all aspects of the criminal injustice system, the prison industrial complex and mass incarceration, the new form of slavery.
Through the Prison Policy Initiative’s research, people are made aware of how these blood sucking institutions are exploiting and oppressing people, but more importantly, how people can organize and advocate to change this exploitation and oppression. The webinar, Fighting Jail Expansion, is such an example. Naila Awan, Director of Advocacy for Prison Policy Initiative, hosted a webinar with five remarkable women who offer strategies and taxes on how they effectively organize to stop the expansion of a jails and prison within their community.
The webinar is a textbook example of advocacy and organizing and can be used to raise people’s conscience on how to be effective in doing both. The Prison Policy Initiative has always did outstanding research, and it’s through their research that this particular webinar has come into existence. The Real News and Rattling the Bars is thankful to the Prison Policy Initiative for allowing us to be able to share this webinar with our audience. We hope that in doing so, it will spark a purifier of consciousness and cause people to become more focused on organizing and advocating against injustice everywhere.
As one of the women said, there’s nothing more powerful than the power of the people, and this reminds me of when the Black Panther Party first came into existence, one of the slogans that we had was, all power to the people. So we say, all power to the people, and thank the Prison Policy Initiative for giving us this opportunity to share this remarkable webinar with our listeners and viewers. In closing, we ask that you continue to support Rattling the Bars and the Real News. It’s because of your support that we’re able to bring this type of information to you. Thank you very much and enjoy.
Naila Awan:
Across the country, counties are proposing to build new, larger jails. Community groups, organizers and activists have successfully pushed back on a number of these proposals. However, they often see the proposals being reinitiated year after year, causing them to focus resources on defensive fights, and having less time to push and explore progressive reforms aimed at reducing the number of people incarcerated. Today we’re going to talk to organizers who’ve successfully pushed back on proposals to build bigger jails and explore an alternative strategy aimed up pausing the year in and year out fights to prevent counties from moving ahead on jail expansion. We’re also hoping to have time to discuss how records request, technical challenges and interventions in jail assessment processes and analysis of such assessments can help in these fights.
I’m just going to double look at the poll results now and share the results with you all. So it looks like a number of folks here are here because of a general interest in the topic, but also a good proportion of you are in counties where a new jail is being proposed or where you’ve actively been involved, or are engaging in a fight to stop a jail from being expanded or constructed.
As we head into our discussion today, I just wanted to do a quick introduction. My name is Naila Awan, and I’m the Director of Advocacy at Prison Policy Initiative. Today I’m excited to have Mallory Hanora, Executive Director of Families for Justices as Healing in Massachusetts, and a proud member of the National Council. And Sashi James, Director of Reimagining Communities at the National Council for Incarcerated and Formerly Incarcerated Women and Girls. Mallory and Sashi’s organizations are both leading an important legislative effort in Massachusetts to establish a five-year moratorium on jail and prison construction or expansion.
And Crystal Kowalski, founding member of Building Justice in Berks, which is located in Pennsylvania. Building Justice in Berks has been actively and successfully pushing back on the county’s proposal to build a larger jail and aims to monitor the planning and building of the new Berks County Jail. You’ll also likely hear from two additional Prison Policy Initiative staff members, Wendy Sawyer, our Research Director who might be providing some additional information during this discussion, and Emily Widra, our Senior Research Analyst who will be reviewing your questions as they come in and fielding them at the end of today’s webinar.
Now Crystal, I’d like to start with you. Your Pennsylvania County was trying to build a bigger jail based on community action, focused on reducing the jail population. And pushing back against the need for a larger facility, you’ve all gotten the county to change its plans. Can you tell us how you first learned about your county’s plan to build a bigger jail, how your coalition came together, and maybe most importantly, how your group managed to get a seat at the table during the jail assessment phase, when we frequently see that only criminal legal system actors like sheriffs, prosecutors, judges, and jail administrators are being consulted?
Crystal Kowalski:
Thank you, Naila. First, I want to thank you, Naila, for holding this webinar, Prison Policy Initiative, and for having me be a panelist and for also your incredible data and reports. We have used those and they have been really helpful. I want to thank everybody who’s attending the webinar, and it is really an honor to be on this panel with Mallory and Sashi. I’ll start with how we knew we were building a new jail, and that was by attending county commissioner’s board meetings.
I initially went, because I guess I saw in the newspaper, the county was thinking about privatizing the jail. And so I went to a commissioner’s meeting, and then I just stayed attending those meetings. And by attending on a weekly basis and studying agendas and paying really close attention to budget proposals that happened, like presentations happened in November, you can see what’s coming down the pike, and what we saw was that they would be building a new jail and contracting with CGL.
Our core group of Building Justice in Berks, came together also through county commissioner’s meetings. The core group of us knew each other from a previous battle to keep our county owned nursing home in county hands. This was a long and pretty involved fight. It went on for about a year and a half. So during that time we built relationships with each other, and we figured out how the county works, how they make decisions and how we could impact those decisions. So that was a group that had done something previously together, we were the core group. Our first action was to send a private letter to the stakeholders, the prison board, which is the commissioners, the DA, other stakeholders saying, we understand that you’re going to contract with CGL. We are asking you to also get information from agencies that do criminal justice reform and have current data. So we recommended Prison Policy Initiative and we recommended the Vera Institute.
We had this letter signed by community leaders. So we basically tried to gather the most powerful, impactful people we could that looked like broad-based community support, not just activists. So this letter went out to them, that was the initial action. We had a couple responses. Then the core group got together and we expanded by holding a criminal justice film series, and we also, in that, reached out to a bunch of community groups to partner with us. And by holding this series, the audience that gathered was really diverse and amazing, and we invited all the stakeholders in the county to attend, and to our surprise, they did. We had commissioners come, we had people from Saint Berks come. It was a series of four films, so they were week after week. Once we started getting some people coming, I think there was a feeling of expectation maybe that they should attend.
So they did, and that really helped us to connect. CGL also sent representatives to this film series. We got press coverage and that also helped us broaden our reach. Originally, Naila, we were talking about what the greatest challenges were that we faced, and I think that’s an important thing to bring up. I think, staying ahead of upcoming action items and decision points and getting press releases out prior to decisions being made by the county, so the way that, that’s done, is by covering every single meeting if you can. And that was operations meetings, jail board meetings, commissioners meetings, steering committee for the jail project meetings. An example of why this is important was, I was at a prison board meeting, and at the end of the meeting they were saying, “Oh, something about this meeting on Thursday at 11:15.” And I thought, wait, there’s not meetings on Thursday at 11:15, they’re at 10 and one.
So I contacted the county, I said, “Oh, I heard this in this meeting. What is this meeting?” And they said, “Oh, it’s the visioning session with CGL.” And I said, “Oh.” And they said, “Well, you can come if you want.” And so, that day before, three of us in the core group changed around our schedules, got to that visioning session the next day, and it was a really important meeting to be at. We would not have been notified or known about it had we not been at that other meeting.
All right, now to the, being able to speak with CGL, the people who did the assessment. I thought about this, and I think it happened for a number of reasons. I would say, I’m going to enumerate them. One, our history here in Berks County. Berks County had a bad history in criminal justice.
Berks County had a woman die in our jail in June of 2014, she was in there, serving a 48-hour sentence on an inability to pay truancy fines, $2,000 in truancy fines. The woman who was in the jail cell with her, was in there on parking tickets. She notified them that she was having problems. She died of a heart attack, because she didn’t get medical service, and that got national attention. Losing my place. Sorry. Okay. So that got national attention and it also woken local activists. That’s how I got involved in all of this. I was reading that article and I’m like, everything about it was shocking, literally everything. So that was number one that happened. Then we held other records.
We had the highest constable pay, we had the highest amount of non-traffic cases in one MDJ’s office. We had the highest amounts of incarceration on failure to post collateral. And this is in Pennsylvania, so in all the counties in Pennsylvania, we were twice as high as the second place county, which was York, on incarcerating people for failure to post collateral, that’s bail on very low level summary offenses. On all these things, we had fantastic press coverage and really in depth investigative reporting, and at that time the newspaper was giving a lot of room to this reporting. It connected us together, it connected us with the ACLU, which really helped. Number two, we have at least one commissioner who I believe has a true interest in criminal justice reform, and he happens to be the head commissioner and a Republican. This helps us a lot that he has these feelings.
Number three, the Board of Commissioners saw how we fought to keep Berks Heim, that was the nursing home, in public hands, and they knew we had the drive and the connections to collect the data and to make it public. So from the beginning they emphasized how transparent this jail building project was going to be, and we tried to hold them to it. We attended every meeting, we commented, we placed right-to-know requests, we held a very public film series with broad-based community partners and invited all the stakeholders.
Number four, So CGL also attended our film series, which helped connect us with CGL. On the model of CGL and how they were going about business, we conducted our own stakeholder meetings. We had meetings with the MDJs, Pretrial Services, Parole and Probation, some of the commissioner’s community leaders, the warden and the deputy warden.
And on a regular basis, if we had a question, we just emailed CGL directly, and they would get back to us and they would answer our question. We submitted daily right-to-know requests for the daily jail admission logs. This gave us information about jail population and level of offense. And I mean, the people who were in jail on a introductory level, but it also let, I think the county know and CGL know that we knew all this.
And then last one, number six, we were a constant presence for years, and we always approached every comment using the subject, we, presuming that these decisions will be made with input from the community. This past November, the commissioners announced that they were taking the next year to reduce the jail population to below 700 people, and we plan to help them surpass their goal. I’m open to any questions and talking after this, I know that was a barrage of information. Thank you, Naila.
Naila Awan:
Thanks, Crystal. And Mallory and Sashi, as mentioned at the outset, jail expansion efforts frequently like revive year-after-year in counties, but you all are trying to flip the script in this bite against jail expansion and construction by leading an effort to get the Massachusetts legislature to pass a Jail and Prison Moratorium Bill. Can you describe what that looks like, why you chose this strategy, and the obstacles you’ve faced in advancing that legislation?
Sashi James:
I’ll start. So my name is Sashi, and I’m with Families for Justice As Healing in the National Council. And we started, we wrote the [inaudible 00:17:05] bill following the leadership of formerly incarcerated women. Our organization is a abolitionist organization that’s founded by formerly incarcerated women, so it was founded inside of a prison and we do believe that they have the vision and that we follow their leadership. And so, formerly incarcerated women directly impacted women to wrote a Prison and Jail Moratorium Bill, because one, we tried many angles, which was, write letters to the Board of Directors, two of HDR who actually has the contract in Massachusetts for the women’s prison, but we tried to have conversations with architects. Some were successful, which thank you to the architects that actually pulled out and chose not to move forward with this project.
But some architects, one primarily being HDR, decided not to pull out of this project and also decided to blatantly ignore formerly incarcerated women, directly impacted women and our allies from across Massachusetts and even broader from across the country, because they’re the second largest architectural firm in the country that’s just building prisons and jails everywhere.
And so, we wrote a Prison and Jail Moratorium Bill, because our first attempts were just being ignored. And the Prison and Jail Moratorium Bill is a five-year pause on all construction prisons and jails for five years, which first, we believe that this could be a beautiful model across the country, because one, it’s exhausting to keep fighting prisons and jail construction. We don’t have the capacity as the people. We’re trying to heal people. We’re trying to create what- I’m going to scale back. We’re not trying to create what different looks like, we are creating what different looks like, and that takes a lot of our time and energy and everything in itself. So to continue to fight prisons and jail construction, when we know that if they build a bed, they’re going to fill the bed. It’s exhausting.
And so, the Prison and Jail Moratorium Bill gives communities like mine, which I live in Roxbury, which is primarily a Black and Brown community, it just happens to sit in the most incarcerated court of the commonwealth of Massachusetts. And so, we know that this new prison and jail is only going to impact communities like mine, and it’s just going to cause further harm. And so, five years looks like we’ll be able to just have a breathing period of, look at all the beautiful things that we are creating that $50 million can actually go towards, versus why would we be spending $50 million on a new woman’s prison? And in addition to saying, we want a five-year moratorium, we’re also saying that, because in Massachusetts it’s a plan to spend $200 million on new women’s prisons over the next 10 years. It might even be 500.
I’ve been saying so many millions of dollars that’s not getting funded to us, but to DOC and all these architects to build prisons and jails. So I apologize if that number isn’t completely accurate, but we’re also challenging and saying, the amount of money what you’re planning to spend on prisons and jails over the next five years, you need to give that directly to the communities that are mostly impacted, that would have been impacted once we get this prison and jail infrastructure moratorium in place. The beautiful process of it all is that we know, as movement people, there’s no power greater than the power of the people, and the power of the people in Massachusetts has spoken. We did a 90-mile walk across Massachusetts, which was just a raising awareness walk, where we talked to people that were not impacted by incarceration and actually had yard signs in their community that said, Back the Blue.
And it was so funny, because in our community is the total opposite. You know what I mean? Here’s a community where you see grass, trees and happiness. And then you go into our community where it’s just a gloom, and you can see we’re like, “Keep the police out.” And then they’re like, “No, we want the police.” And well, obviously we can see where resources are lacking, and why shouldn’t we be creating what different looks like? But out of the 90-mile walk, we were able to shift the conversation from, yes, to building new prisons or even Backing the Blue, to saying, you know what? We need to be giving communities what they need, and a jail and prison is only going to cause more harm. And it’s also setting us back generations and decades and just beyond, because when you talk about building a new prison, you are not talking about my generation, although my generation is impacted, but you’re also talking about my daughter, my daughter’s daughter, my daughter’s daughter’s daughter.
Because that building is not going to just get destroyed out of nowhere. And so, that’s where we’re headed, and we have a beautiful infrastructure which we call Reimagining Communities. And so, I love the fact that when we talk about creating what different looks like, everybody’s like, “Oh, well, why should we have a Prison and Jail Moratorium Bill? Because why don’t you want to build a new prison and jail, and what should we be doing instead?” And the answer is that we should be investing in communities. If you see a problem, invest in it. Figure out how we can respond to the harm, and create healing. So that way we know that if you create a healthy, thriving person, then they can go off and create healthy, thriving communities, and that should be our only focus. I’m going to kick it to Mall, in case you would like to add something.
Mallory Hanora:
Sure. I think I can, I don’t know if we’re out of time, I can definitely answer the next question.
Naila Awan:
I was going to say, if you want to take a few minutes, please go ahead and take a minute.
Mallory Hanora:
Okay, awesome. I mean, Sasha, you said it beautifully. I think the only thing I would add is, we have the dubious distinction of MCI-Framingham being the only, I mean to say, the oldest operating women’s prison in the United States of America. So what we are saying in our organizing is, MCI-Framingham, close it forever and never rebuild or replace it. And so, when we talk about conditions of confinement, we’re led by women who have lived in some of the oldest, most decrepit, most disgusting prisons in the United States. They survived that. And they know that any building anywhere is going to become that same level of devolved and disgusting.
And the harm that happens is both physical in the environment, as well as cultural. Everything that women go through when they’re separated from their children, all of the sexual violence, all of the abuse that our incarcerated community experiences. So for us, as Sashi mentioned, it’s really talking about what else is possible, what different looks like. So the Prison and Jail Construction Moratorium does leave room to make needed essential repairs for the quality of incarcerated people’s lives. What it prevents is massive construction projects for the purposes of doing exactly what Sashi said, which is extending the capability of that building to incarcerate people for 150 more years. And Massachusetts and your states probably have unique histories as well. We have a record of county leaders meeting in the 1870s, talking about what they should do for incarcerating women, because it’s not safe to incarcerate women with men.
And the best thing that they could come up with, was building MCI-Framingham the women’s prison. So part of our organizing has been 150 years later. Shame on you if the best thing you can think of is another version of MCI-Framingham. We refuse to accept that, we won’t go along with that. But what we’re absolutely not saying is let women sit in there. So all of our organizing on the ground, our participatory defense work, our campaign work to free the mothers, free individual women, we’re doing everything possible and exploring every single pathway to release and talking with people about how that’s possible as we’re organizing for this pause. And just to emphasize, that’s what that five years is for, to focus on doing that work, instead of digging holes in the ground where we’re going to bury women for another four generations.
Sashi James:
Naila, if you don’t mind, I just wanted to just add one more thing. I’m really sorry, this question gets us going. But I also wanted to put it out there that we’ve done a listening tour. That was a two and a half year listening tour where we asked women across the country, women and girls, what people needed, and what caused them to end up on a prison bunk? How could we have supported? Even a question of, what made you happy so that way you would never end up in a prison bunk, which is something that even as a young black girl in the community, I have never been really asked. Except for my mom, who’s Andrea James, she’s always like, but she’s a little bit different. But what makes you happy? And so, we the research to show what our people need, so that way we’re not spending $167,000 in Massachusetts on incarcerating a woman.
And the most important thing that I always lead with, is that when we did our listening tour in Massachusetts, one of the things that came out of the listening tour, which as a mother, it hits me so hard, is that the number one reason why women ended up incarcerated in Massachusetts, is because of lack of access to affordable housing. And so, I like to always emphasize that 82% of those women are mothers. And so, when you say that a mother doesn’t have access to affordable housing, we’re also talking about children. And then we’re also thinking about the most vulnerable thing you would do as a mother to be able to ensure that your child has access to housing or food or just basic needs that most communities have, that hours does not.
And so, when you talk about spending $167,000 a year to keep a woman incarcerated, and then you think, for me, I pay about maybe $28,000 a year for housing, the numbers are not adding up. And that’s literally four or five women that we could provide housing for if we actually focused on what the people needed, versus not keep allowing a business to keep oppressing a certain group of people. I just wanted to uplift that.
Naila Awan:
No, I really appreciate that, because I think it really points to how we need to be looking at different strategies that will in fact reduce the number of people coming into contact with the criminal legal system in the first place, and reducing the number of people who ever experience incarceration. I want to take us a little bit to talk about some other strategies next. So besides public awareness campaigns and legislative strategies, I’m interested in hearing about other kinds of tactics you’ve all tried to pause, delay, obstruct jail construction and expansion. And Mallory and Sashi specifically, I’d be interested in hearing about the technical challenge you all brought using the Massachusetts RFP process. Maybe explain what an RFP is. And then Crystal, if you could discuss how you all have used public records in Berks County, I think that, that would be helpful for folks.
Mallory Hanora:
Sure. We’re organizing to stop the new women’s prison by any means yet necessary, so we’re using all the tools in the toolbox. And we found out that they were going to build the new women’s prison, because overnight in a move of crisis and chaos that was incredibly harmful to women’s lives, they shipped out about 200 women from the state prison. These are county sentence women and women being held before their trial, they had been at the state prison. They moved those women to South Bay, which is a county jail. We immediately raised the red flag about that and said, why is this happening? Women weren’t notified, their families weren’t notified, the community was not engaged at all. What else is possible besides trapping women in yet another jail, a jail that’s locked down for even longer, and also terrible conditions. And through that, that’s how it got exposed that just months later, an RFP came out, a Request for Proposal.
It’s the bidding process for companies to win the contract to do the first phase of the work. So I think that’s another thing that I would say is, anytime you can intervene, even if it’s already in process, you should do it. And if there’s shovels in the ground, get your people together for some civil disobedience. But in any case, in every phase of the process, there’s hopefully an intervention that you can find. The first phase in Massachusetts is a study and design phase. It’s still incredibly expensive, $550,000. And like Sashi mentioned, what grassroots groups can do on the ground without money, is far different than what these multi-billion dollar, sometimes global companies can do just business as usual. So we’re talking about HDR that was awarded this contract, built 270 jails and prisons in the United States, absolutely directly affected. People are trying to hold them accountable for profiting off our people’s suffering and bondage.
And so, that’s ongoing. But in any case, in Massachusetts, and I’m sure where you are, there’s some laws and statutes that govern how you have to advertise these projects. And they very often don’t follow them, because this is a old boys network where they’re trying to give whoever they want to give the money to, where they’re trying to do it as quickly and as expeditiously as possible and cut out the public from any feedback. So we did some research on what the state statutes are, and in fact, there’s this old part of it where you have to list the request for proposals, you have to publish that the job was announced in multiple newspapers. And so, we have a crew of allies and supporters to help us do this type of research. We did the legal research, we had folks look in all the newspapers when it was supposed to be published.
They didn’t follow the law. And so, the way that you file a complaint about that in Massachusetts, is with the attorney general’s office. We had no idea. We know that the attorney general’s a top cop, we know she does some consumer stuff. We’re like, “Okay, whatever.” But as it turns out, there’s something called a bid unit office that is responsible for oversight for how these contracts are distributed and awarded. And it’s actually super important, and some of you might already be engaged in this work, because it’s also a massive racial justice issue. So in Massachusetts, the overwhelming majority of all state contracts go to white-owned companies. So there’s tons of issues in this area, no matter which way you look at it. And so anyways, part of the reason why we want to pass the Jail and Prison Construction Moratorium is because this takes months of energy and effort to figure out how this works.
So formerly incarcerated women, women with incarcerated loved ones, community members, are sitting at a table in our office with our computers open, literally teaching ourselves how the process works in local government to get from, here’s their vision, their plan. And by the way, you should read it anyways, because reading the state’s language about what they want to do with our people, really grounds you in why we have to be on point about our resistance every step of the way. They’re trying to build this as a trauma informed prison. All these disgusting words that we know is just synonyms for suffering and harm. It’s just business as usual in a different building. So in any case, we learned a lot about what they were planning to do and we had to teach ourselves the process.
But what we were able to do, we were right. It was as plain as day that they did not follow the law. And so, interestingly enough, what they did in order to not have the ruling that, and again, I’m sorry, I should say that in Massachusetts, the agency that governs, that manages these projects, basically has a project manager role. It’s called the Department of Capital Asset Management and Maintenance. So you and your team can figure out which of your state or local agencies actually does the day-to-day work of pushing these contracts. It’s likely not your Department of Correction or your Sheriff’s Department. There’s another agency that’s managing the land and managing the water issues, et cetera, all points of where you can push. But they very clearly didn’t follow the law. And so, in order to not get a ruling from the attorney general’s office that they were out of compliance, they actually withdrew the bid.
And that bought us months and months and months more time. Then we challenged them again, because they knew that we were now looking, they knew we were mobilizing, they knew we were making noise, and they tried to bury this project inside of another contract called a House Doctor contract, which is basically an architect on retainer. I don’t need to go on all those details, but they tried a shady way to hide it from public scrutiny within an existing contract, so there wasn’t a public bid process. That actually got leaked by a staff person of DCAMP.
And so, we filed yet another administrative challenge, and there’s no arguing that they were clearly wrong about this as well. And so again, we were prepared for a hearing at the attorney general’s office. We had submitted pages and pages of documents. The 11th hour or the night before the hearing, they yet again withdrew the proposal, which again bought us months and months more time, and they had to refile it a third time. And so every time, that meant that we got to show up to more hearings, we got to talk to more leaders, we got to build more power, and we got to delay the process so that we could keep organizing. And Sashi, do you want to add anything?
Sashi James:
No, I know we are at time, but the most beautiful process is that we also got to learn more and more. That’s why we can give all our knowledge to the people in the movement, so that way everybody else doesn’t have to go through this draining process.
Crystal Kowalski:
That was amazing. I was so involved with what Mallory and Sashi was saying that I forgot the question. So right-to-know requests and how they impacted the fight, was that it? Okay.
Yeah, I went along first, so I did touch on this. We do a daily right-to-know request for the jail logs. I think basically it just shows that we know what’s going on. So recently, a little example would be, well, a couple examples. During the pandemic, our county was putting people in jail, weekenders in jail during the pandemic. So when you saw that and you’re thinking, what’s this stop the spread? You’re taking people in and out. And we’re seeing people going in for non-support now, which we had not for years, and that’s happening, low level offenses. And Sashi mentioned, it’s exhausting. It’s exhausting work to have to just every single day put this in. But you know if you don’t do it, and they don’t feel you watching, that it’s going to go back to the way it was.
Naila Awan:
Right. And Wendy, I think maybe you have something you can briefly add about how we saw one other partner organization in Michigan used public records request.
Wendy Sawyer:
Yeah, that’s right. Some folks from Utica County in Michigan reached out to us for the umpteenth time. The county was trying to push this new jail, and they reached out just for some outside perspective. But it was very similar to, Crystal, the way you described your coalition. It was just folks who were very new to the issue and were just going to meetings and trying to figure it out. But they had an attorney amongst their numbers who realized that they could do a public records request, because they had this argument they were using to try and justify or rationalize having a bigger jail, which was, “Oh, we’ve got 1,100 outstanding warrants”, as if all these people are roaming the streets and are so dangerous. So they actually did a public records request to see what those outstanding warrants were for.
And a ton of them were just bench warrants that were a million years old that were for, oh, someone missed a court appearance, so there’s a bench warrant out, but very, very little of it was anything that would actually be jailable, especially because this jail was being proposed after the state had just passed all of these pretrial reform. So a lot of these offenses that folks were getting arrested for, were not jailable offenses anymore. So we were able to break down that list of outstanding warrants and go, okay, well only this many actually look like they’d even be jailable, so this is no way to rationalize a bigger jail. And I think that was pretty persuasive for folks, because that was a key part of their communication strategy in that county.
Naila Awan:
Yeah, and I think what all of this underscores, is just the importance of understanding the rules and the laws and your county and your state, and knowing what different levers there are to pull, because folks have sometimes been able to stop construction by forcing something onto the ballot. One other person we talked to actually got communication between the county and the jail assessment authors where they basically were like, “Oh, the sheriff wants us to actually propose a larger jail, so we should include that in the assessment.” And that was used to publicize it and defeat the jail.
So I mean, really understanding what these different mechanisms are, I think are important, because you never know which ones are going to be the strategies that can help you win in your county. Now again, a slight shift in topic, Mallory and Sashi, when you all were talking earlier, you were talking about what the alternatives might look like to incarceration. And I know you’ve worked to redirect the conversation in that way, away from incarceration and one that’s directed towards alternatives. Can you talk a little bit more about the alternatives to incarceration people should be thinking about and advancing and how shifting the conversation in that way fits in with your strategy?
Sashi James:
Well, I like to think of it, and this is just from a visionary perspective and a person that is on the ground and directly impacted, I like to think of it not as an alternative, but as preventatives. And so, what can we be exploring that does not include incarceration? So for an example, we’re actually working on the ground, and I’m not going to say that it’s only us, because we have a beautiful infrastructure that is called, Reimagining Communities, that was created through a listening tour from across the country. So it’s not only the National Council’s work, it’s not Families for Justice as Healing’s work, it’s the people’s work, because we really got on the ground and listened to what the people said that they wanted, and then we created an infrastructure that really addressed the root issues of what even had people land on a prison bunk.
And so for an example, there are crisis response teams where we know that in Massachusetts we’re working to create, every four blocks, we’re going to have a crisis response crew, that if there’s any mental health breakdown, mental health issues or anything in beyond that are just day-to-day issues that need to be addressed, the crisis response team will be able to provide that resource to the people. But in addition to that, they’re not going to be people that come from other communities, they’re going to be people that are from that community. And we know that if we have people that are from the community responding to people that are in the community, you’ll get a better outcome immediately. You have a better chance of deescalating situations, you have a better chance of just preventing situations. You have just a better conversation with people that you know and you can trust.
And then even beyond, we have the basic income, we have basic housing. We mentioned earlier that the number one reason in Massachusetts that even ends up to have women have any interaction with incarceration, is because they don’t have access to affordable housing. We have a basic housing program where we are providing housing for women that have children that just need a place to stay, and they can feel safe, though they don’t feel like they have to take from Peter to pay… What is it? Pay Paul, or whatever. You can actually pay your rent, feed your children, and survive. Speaking of surviving, the community that I live in, we have been in survival mode forever. And this is what is leading us directly to incarceration, because of the pain, the suffering, the oppression, the unheard visions that people don’t want to believe in.
And so, while we’re creating all of those things, we’re really allowing women to just live in the community. And I mean, how beautiful is that to actually see women that have been directly impacted, oppressed, struggling to take care of their kids, fighting to keep their kids, rebuilding their relationship with their kids, because they were incarcerated on a prison bunk and were separated from their children, and now they’re reestablishing their children. But now they don’t have to worry about all the things that would have landed them into prison, because all they need to worry about, is focusing on healing. And so, we’re giving communities the tools that they need. We have three hydroponic farms. One is in Pittsburgh, one is in Roxbury, which got landed a couple of weeks ago, which we’ll be able to teach people how to grow vegetables. And then we’ll be also giving the vegetables away for free, that’s responding to food justice.
I mean, we have so many infrastructures, and it’s not only us, its other states across the country that are also doing these things, so that way they can stop the transgressions in communities from communities causing harm, just because they need specific things and they don’t have the things that they need. So communities are actually working, community members are working to provide the tools that people need. And I was on a call the other day, and we were just talking about what communities need and the different infrastructures or whatever, what people need. One of the things that came out was welfare versus basic income. I just really wanted to emphasize and show that, yes, they have systems that provide welfare and food stamps and Section 8 and all of these things, but we have to also understand that a lot of the city implemented structures only cause further harm, and literally keep people oppressed.
And I know, one of our basic income recipients had said to me, when she got a student loan because she’s in college, when she got a student loan, the housing authority threatened to take away her housing because she got a student loan. So now we’re telling people who are on housing, who are trying to get more education, that they can’t get education. So you just have to understand the barriers and the difference between what basic income looks like. We’re seeing is, sometimes people need a extra push. Sometimes people need to just be given $500 a month just because they need to pay their phone bill, they need to buy extra food. I always love when I’m like, “Oh, I got a stipend.” Sometimes I get paid to do a call and I’m like, “I got a stipend”, which is very rare, but I’m very appreciative of it as a single mother, and the struggle. And so many other people are appreciative of that.
And that is very different from you asking a person for their social security number, you having all of the restrictions on the way people should and should not spend their money, or you just having restrictions on how much education they should get. And so, we’re really just trying to figure out and we are figuring out what we can do to support the people, build the people, empower the people, and just be all about the people, and not create systems that cause further harm. And that means that we have to dismantle the current system that we have and build a system that is for all people and not a specific class of people. Is this a perfect time for me to just jump right in with my FreeHer Institute, because I’m really proud of that. And speaking of creating what different looks like, the National Council, Families for Justices as Healing, the women in the community, we are really working to create a space where women can work on policy research.
They can go to a space where we can cook breakfast together, we can train each other, we can just exist. I always use this as an example, but I want to say this. In Massachusetts, I learned that there is a retreat area for police officers. It’s called Police Academy or something like that, maybe I’m mixing the name up with Chicago, but the Police Academy that they had built in Chicago, HDR also built that. But anyway, they have a center where if they witness maybe an aggressive situation or they go through a traumatic experience or mental health, they can go to a home and they can be around animals and milk cows and get males cook for them, and just woo off for three or four days.
It’s covered by their insurance. You can go whenever you want. It’s a small grant that just covers them. They cook, they get separated from their family, they just take a deep breath. Communities witness all of this and above, we actually live in it all day long, community members. And we still have to go inside the house, especially women, mothers still go inside the house and cook meals for our family, still provide, most of our households are single family households. Now we’ve been at a 700% increase of incarcerated women. Sometimes our grandmothers are taking care of the family, because our mothers are now incarcerated as well. But the point is that our people need the same resources and beyond, so that way we can heal. As I mentioned earlier, healthy, thriving people create healthy, thriving communities. And so, we have an inherited land on Martha’s Vineyard on Oak Bluffs, which is a historical landmark for Black people.
And we’re working to build a retreat center that is $1.5 million, because we did the land survey and everything to build the most beautiful street retreat center that will support the people. And so, we are selling FreeHer T-shirts. They’re called the FreeHer Institute T-shirts. This is really going to be a groundbreaking retreat center, because it’s going to allow women to come and learn research, think and do all of the work that Mallory and I talked about around the Prison and Jail Moratorium Bill. I mean, that was work that we just were head banging on walls to just try to get, but being that, we literally created an infrastructure, we can now go to the retreat center and show women the blueprint of what we have, so that way women are not spending wills in their community and doing the same thing that we had to do and beyond.
What does Reimagining Communities look like? What does it look like to create basic income? What does it look like to create a housing program? What does it look like to bring a hydroponic farm to your neighborhood? Just all of these beautiful processes. And then also, what does it look like to just sit there and relax, or maybe go read a book on the beach, or maybe go see some greenery. I told you already, I’m not into the greenery, but some people may be into the greenery. I know Andrea is, but that’s what we’re trying to do. We’re trying to build a center that is for the women, and we need people to buy T-shirts to support all the processes.
All the fees from the T-shirts go directly to building this retreat center, and it’s for the people, and I’m really excited. This is what we need when we say, we need to create and build what different looks like. And of course, like I said, there’s no power stronger than the power of the people, because this is one of the most beautifulest centers that will probably be built in my lifetime for me. That’s because of the power in the people, not because of the government or anybody else. It’s because we are believing in the power of the people, which has directly impacted women and girls or the most vulnerable population.
Naila Awan:
Thank you so much, Sashi. We’re going to just jump into sharing some of the different resources PPI has that folks might find helpful in some of these fights. We’re then going to be going into the question and answer, and we’ll be giving each of the panelists a few minutes to make a brief closing remark. So just to shift over to that very quickly, let’s see. Before turning to the question and answer segment, like I said, we want to quickly share a few resources PPI has been made available for folks fighting jail expansion.
The first two slides I’m going to go over just provide information on materials, ranging from reports to briefing to training documents that Progressive Policy Initiative has created that you might find helpful when a jail proposal is being advanced. Does our county really need a bigger jail? Outlines mechanisms for decarceration, the county should take into account before a new jail is even proposed or any progress is made, like a proposal. Smoke and mirrors provides an in-depth look as a jail assessment report completed by a private group asserting that a Michigan County needed a new jail. Arguments against jail expansion provides findings about jail overcrowding, counter-arguments against jail expansion, endpoints of intervention in jail fights. And our how-to guide for critically reviewing jail assessments provides questions that should be asked and considerations that should be taken into account when examining a jail assessment.
I’m going to quickly outline some of what’s provided in this final guide, given the jail assessment analysis are really one of the things we receive the most questions from groups that are fighting jail expansion about. To start jail assessments, which may be referred to by several names, are analysis often conducted by private companies who have been hired by a county to analyze the operations of the current jail, and make recommendations for building a new jail or expanding an existing one. These assessments are done before any final decisions are made and often are filled with faulty assumptions, misleading data, and are rife with other problems. So we put this guide together to help folks spot some common problems that exist in jail assessments. Problematic assumptions are often made. It’s often important to consider what those assumptions are. For example, most assessments assume no change in the status quo.
That means that if reforms are moving, there’s no analysis of what the impact of those reforms might be. And even when reforms have passed that will directly reduce the number of people being incarcerated, the assessments may entirely ignore the impact in realities of those already enacted reforms. Oftentimes, only individuals whose opinions are taken into account in assessments, are those who work within the current criminal legal system, like the police, the sheriffs, jail administrators and district attorneys. The voices of community members, people directly impacted by the criminal legal system, mental health and substance use disorder providers, are not even part of the process in most instances.
The numbers, the data, the graphs and the trend lines themselves can be highly misleading. For example, if the image on the top had started with any year after 2012, it would’ve shown a decline, rather than an increase in the number of cases pending, or the trend line on the image furthest to the right of the screen shows an upward trend, despite the final year, 2017s numbers being below those of 2008, and there have been a significant downward shift in the final few years on that graph. Also, keep in mind that the data provided in the assessments themselves can be used to identify reforms that, if implemented, could immediately reduce the jail population. For example, what would the jail population numbers look like if the county were to end reincarceration for technical or noncriminal violations of probation or parole, or enact bail reform and reduce its pretrial population?
These assessments are also often advocating for jails that place what should be community provided services available to people with substance use disorders, mental illness, and sometimes even chronic or terminal conditions into the jail. Questions helpful to ask as well as common themes or problems to look for, are provided throughout our training guide. We’re now going to move to the question and answer portions of the webinar. And as we do that, I’m putting up a slide with all of our panelists, as well as Wendy and my contact information. That information’s also going to be being shared in the chat. So don’t worry if you don’t get this down right now, it will be in the chat of the webinar. And Emily, would you mind getting us started with the questions?
Emily Widra:
Sure. I think the first question we can start with, I’m just going to go a little bit out of order how they were coming in, but one question we got is, what is the best way for larger organizations to help support more localized movements like you folks have been taking part in, in pushing back against jail expansion? I think that’s for everybody or whoever chooses to answer. It’s not specific.
Sashi James:
I think one of the most important things that we follow our own, just from the National Council’s perspective, is that we never go into communities without getting to know the community, the organizations that are on the ground that are doing the work. And so, we have ecosystem check-ins, and we are like, “Hey, how can we be supportive of you?” Versus a lot of organizations would just jump in and say, “This is what you need to do.” But what is important as a national organization, is to whatever state you’re trying to work with, go in there and figure out what is the problem, pay homage to the land, and also get to know the people that are on the ground that are doing the work. And they will be able to tell you, you got to listen to the land. They’ll tell you what needs to be done and how you can plug in and what support you can give as a national organization. That’s my perspective.
Naila Awan:
And I guess, I’ll just briefly answer as a rep from another national organization. And I think it’s really about capacity building. The folks that are on the ground, like Sashi was saying, they know what needs to happen. They know what reforms will be most impactful in their community. They know what other alternatives should be being designed, what preventive measures should be being put in place. What we’ve found is that we tend to get asked for things unsurprisingly, like data that groups might find helpful, like reviewing jail assessments. And we really do just try to help groups in whatever ways are additive to their campaigns without imposing any ideas on how things should be moving forward.
Emily Widra:
Great. Thank you. Oh, sorry, go ahead, Crystal.
Crystal Kowalski:
No, I would just say that you do in fact do that, and that’s been our experience as a local group, is that the groups that have helped us Prison Policy Initiative in the ACLU, have really been respectful of our knowledge and have supported us.
Emily Widra:
Okay, great. So another question that’s come in is about, if anybody has been able to partner with local public defender offices on these efforts, because they often have access to data to support these movements or other information, like insider information, have any of you utilized that or do we know of anybody who has?
Mallory Hanora:
I’ll speak to this in a more broad way. I think, individual defense work of our people, either to stop our people from going in or to bring our people home, is incredibly important. So we are a participatory defense hub here in Boston. So Participatory Defense is the movement strategy developed by Silicon Valley De-Bug in California, and then the National Council also helped to increase the reach of this and increase the number of hubs across the country with our Director of Participatory Defense, Justine Moore, training. So many of us across the country to use this strategy, and it’s just building on what people and families have done forever, which is fight for our people, instead of just stopping outside the courtroom. I can picture Raj in my head doing this part of the training. We have the free so-and-so signs outside, and we would just stand there and look in the court.
But really, it’s about going into the court and shifting the power dynamic, so many of you might already be practicing this. There might be a local hub that you work with, so public defenders can be brought into that process, with a people-led strategy, a community-led strategy to fight for our people, to represent our people as whole and needed and valued to offer our own crafted alternative sentencing, or diversion from conviction in the first place. And really bringing public defenders in to be part of process, as opposed to just another person in the system that’s there for business as usual, asking you to accept a plea deal that you don’t want, or facilitating incarceration as the norm.
One thing that we’re thinking about is, what does it look like to have individualized case review for those folks that have smaller jail or prison populations? Every single person getting an exit strategy, every single person getting a plan A, a plan B, a plan C about how they could come home. And that could look like engaging with law students to help with that review, that could look like engaging with folks that are in other type of law practices to come in and support in other ways. Or that could be really pushing your local defender’s office to join you in the resistance to the project, and to show how many people are in on certain types of charges or how they could come home anyway. Defense work is an incredibly important part of both stopping people from going in, and bringing people home, so definitely a strategy that we’re using.
Emily Widra:
Great. Thank you, everybody. All right, another question that’s come in is, do we have any advice for how to work against the alternatives to jail that include things like other types of carceral techniques, like home incarceration, surveillance, other things that aren’t technically jail, but might sound good to folks who aren’t totally involved, but these are still punishment and still take up resources.
Sashi James:
I think that participatory defense is a really good tool to help fight against those, especially if you’re talking about case-by-case situations. But also, I think that it’s also important that we start, why shifting the public opinion and changing the conversation is important, because a lot of people are advocating for ankle shackles. A lot of people are advocating for air incarceration. And then after we spend 10 years saying, oh, everybody needs an ankle shackle, and then when everybody gets an ankle shackle, they realize that it’s another form of incarceration, and they’re upset about the ankle shackle. And so this is why we need to listen to directly impacted people and the people that are leading the ground. And this is what we say, this is what we are talking about when we say dismantling the system and not just putting a bandaid on there or turning it to the left or turning it to the right, because it’s only causing further harm we know we’re in.
I mean, on my corner right now, they just installed another camera that I’m like, they’re just going to watch us go to the corner store. Meanwhile, there’s the police cruiser on the corner as well. These are all forms of that system of open air prisons and it only causes more harm. So that’s why we have to watch the bills that we pass. This is why we have to watch the organizations that we support, especially the national organizations that are not really connected to the ground, but think they’re connected to the ground but want to speak to the ground. And so, it’s important and that’s all.
Mallory Hanora:
Yeah, that’s such an excellent answer and a massively important question. And I just want to affirm what Sasha said, it’s just like all of us holding the line that those are not alternatives. So when we say, we do try to answer proactively the question, what else besides a jail or prison? And we are very clear that those are not alternatives that we’re trying to build systemically. In the immediate, do we recognize that on individual freedom campaigns, that people are going to take certain arrangements on an individual level for their own freedom toward the goal of liberation? Yes. But systemically, are we ever advocating for the expansion of incarceration either in the open air or in the jail or prison? Absolutely not. And we talk about why that’s not. So some of it is offering, what’s working on the ground in your community?
What we always say is, that doesn’t have to be a program that specifically says we are an alternative to incarceration. Free housing is an alternative to incarceration. It is not a jail or a prison. Giving money directly to women, is an alternative. It is giving people what they need to live so that they’re not entrapped in the system, so we broaden the idea of what’s possible. And then I think the other thing that’s even more insidious and something that we’ve had to really push around allies, is also just shifting the responsibility of incarcerating people to a different agency, for example, the Department of Mental Health. We know that women have unmet mental health needs who are incarcerated, and just shifting the owner of the building who locks the doors at night, to being DMH rather than DOC, the Department of Mental Health. First of all, our members are like, “Absolutely, we do not trust DMH.”
They’re very clear about their relationships with the Department of Mental Health, so we don’t have any question about that. But for people outside that are like, but what about this? But what about this? That’s also part of it, is that we’re not just changing owners of the building. We’re really, really exploring what else is possible and what does different look like in pathways out of the system. It’s a really big challenge, but we’re in it together, and we’re developing what those things look like, so we have offerings to show that other things are possible. And also just frankly, it’s made up. I know I’m going on, but there’s so many loved ones of us, close members of ours that come to our women’s circle every Thursday that their parole officers insist on shackling them. They are in their 60s. It is just outrageous.
Literally, one of our members who we brought home, who the state said she was supposed to die in prison, miss Angie Jefferson, and her family and community led her fight for liberation. She is home after 31 years to be a mom and a grandmother. She has arthritis and significant… I’m not going to share her health business, but her ankle shackle is hurting her. Physically, it’s hurting her. And so, it’s made up that people have to be on their shackle when they come home on parole. That is something that does not have to exist. We should fight about it. We should get people’s lawyers engaged in fighting these restrictive conditions of release.
We should show up and say, as a community, we don’t accept this and we want our people home, and this is how we want our people to live, and just continue to fight those battles too, because it’s shameful. It’s shameful, like Sasha is saying, at this point it’s become so normalized that even people who have perfect records of compliance with every other condition, are still forced to be shackled, and just people go along with it because they don’t have the support or resources to challenge it, so we should absolutely be doing that as well.
Emily Widra:
All right. I think we have time for probably one more of the questions that have come in, but definitely feel free to reach out to the panelists, to everybody here, where everybody’s willing to tackle any other questions that don’t get answered live in the webinar. I think for the last question, we’ll go with this one, which is about, what to do if the decision has already been made to expand a jail or to begin construction on a new jail. Is there anything left to do? What can people do? Where should they be looking for next steps? It sounds like there’s a specific situation in California where there’s not a lot of opposition to the jail, and so the folks here are obviously in opposition and trying to figure it out. I don’t know whoever wants to answer that one, please go ahead.
Sashi James:
I wanted just say one thing, because we know that the system is doing exactly what it was designed to do. And so, they might still build a new woman’s jail. And it’s just, when we talked about the Prison and Jail Moratorium Bill, one thing that we didn’t mention, Mallory, is that through all of our hard work and public awareness, we actually got the Moratorium Bill passed, and the governor vetoed the bill. So the people spoke, but the governor just was like, “I don’t really care what people said, it’s what I want.” So that shows that the system is going to do what they want to do regardless.
And one of the beautiful things that our founder, Andrea James said, also my mom, she said that if Reimagining Communities is so important and giving people the tools that they need, so that way we can create healthy, thriving people, so they can create healthy, thriving communities, is so important because, yes, if they go build all these new prisons and jails, then imagine a world where like in the Planet of the Apes, we have given our people all the tools of success that they have needed that they won’t even have any interactions with the police in jails and prisons, because they have what they need to be successful.
And so, the prisons and jails will be just, she had a vision of these green trees just growing over it and just being all rotten, because nobody’s in there, because we’ve given the people what they needed. So this is why we are on the ground, creating the tools and giving people the tools and the infrastructure that people need so we don’t even have any interactions with jails and prisons. So I’m really sorry in California, that y’all at a space where it feels like y’all have nowhere to turn, but the best place to turn is to the people, and figure out what can we give to the people so that way they’re not even going into the prison and jail.
And then we start to talk about clemency, so that way we can bring our long timers home. I want to uplift Miss Angie, because Miss Angie was incarcerated to die in prison, but she’s home right now, and she was just on participatory defense with us last week, and she’s probably going to be on with us this weekend. We have beautiful conversations. So don’t ever think that if your family member or loved one is sentenced to die in prison, that there is no avenue for them to come home, because there is always a space for them to come home. You just have to fight and you have to just keep chucking along and have faith, and that’s it. And just remember, the system is going to do what it is designed to do. And that’s why, until we dismantle it, we have to create our own system.
Mallory Hanora:
Yeah, absolutely. I would say, just keep on building the resistance, like the beautiful organizers on this call that are resisting, like Sasha said, turn to the community, door knock, canvas, let people know about it, because so often our people would be against it, but we’re busy working, we’re busy parenting, we’re drowning in our own stuff, and the states and the cities try to hide this from our people.
So educating to prevent any further, or engaging people in ongoing resistance, like what could creatively be done at or near the site to raise an awareness that there are community members that don’t want this, there are people that are loved and cared about that they’re planning to move into this building, and that they should be moved home and come home instead. So yeah, keep going. Keep going, for sure.
Sashi James:
Yeah, and one thing that I was taught is that we don’t fail, but if they do build a prison jail in that state, and we keep going and shifting public awareness and having people move towards what different is, we have to remember that the organizing we’re doing is impacting generations, seven generations forward and seven generations behind us. So yes, this year they built a new jail, but if we keep going and keep fighting, next year they won’t build no new jail, and the year after that and the year after that or the generation after that, that might be the last jail that they might ever build in the history of jail building. So we have to have faith.
Crystal Kowalski:
I love that, having faith. The other thing that here in Berks County, people are like, “Well, why do you think the commissioners changed their mind a bit?” And I was thinking about it, and I’m thinking, I think it might be inflation and the recession. So if you’re in a community, the question asker, and they haven’t started building yet, and you probably already done this, but know how much every little bit of it costs, because in one of the meetings, they said, “Oh yeah, we’re going to not have work release anymore, and that’ll bring down a pod and that’ll be $8 million in building costs for one pod.” And then that pod has to be staffed 24/7, the amount of money. So if you can say, “Hey, in a time of record expense for construction, you’re going to build this?” I feel like that’s what impacted some of the decision in our county.
Naila Awan:
Thank you, everyone. And I’d also just refer folks back to the RFP technical challenges Mallory was mentioning too. Sometimes there still haven’t been decisions on the number of beds. There might be certain interventions that are-
Mallory Hanora:
I’m so sorry, I just put in the chat. I don’t know where my… Don’t forget about the architecture firms that probably have an office in your state, and the construction companies. And so, our union siblings could be a source of power, the union member to union member. How do we communicate about actually the people that are building the walls and pouring the concrete? Individuals are choosing to advance the project, and it’s always an opportunity to talk to people about what else is possible, build something else instead. We don’t want to take money out of our community member’s pockets, and we want to create a vision of what we could be building instead. And so, lots of opportunities to talk to all types of decision makers, even decision makers that are showing up to their job site for the day.
Naila Awan:
Absolutely. And I realize we’re hitting the time we told folks we’d be wrapping up at, so I just want to give each of the panelists, maybe if you could keep it to one, one and a half minutes, just share some advice for folks who are getting started or actively involved in fights to stop jail expansion, or any challenges you faced that were anticipated that folks might find useful.
Crystal Kowalski:
I could go first. This is basically what we did. Attend every meeting, take notes, collect data, question their assumptions, broaden your community connections, get press coverage, attend the budget proposal presentations, make the fiscal arguments, know who is in your jail and make it public. Make sure everybody knows who’s in your jail, and presume that you have a place at the decision-making table.
Mallory Hanora:
I’ll go and then pass it to Sashi. I just saw a couple questions about conditions of confinement really being heavy on our hearts. We know people by name. We love people in these jails and prisons. They’re our siblings, they’re our friends, they’re our cousins, they’re our children. And at the end of the day, there is no such thing as a safe prison for women or for people. All of our people who survive, tell us that. And then also, the politicians conveniently wants to improve these conditions only when it’s good or right for them or there’s a benefit for them. For years, people languish and try to raise issues and they fall on deaf ears. And it’s only when it’s profitable or beneficial to the people in power that, that ever gets addressed.
So I would say, as coming from a state with the oldest women’s prison in the United States, that DOC is going to DOC, and any building we put women in with them. So we’re fighting for our women’s freedom and we’re fighting for what else is possible and that we’re really holding a line around that, to bring our people home and showing that we can do it with individual cases and continuing to do it. And then, supporting each other across the country by echoing what we’re saying. So FreeHer, and good luck to y’all, and hopefully we can come right, and I’ll pass it to you, Sashi.
Sashi James:
No, I really feel like I’m really happy to have this platform, and then also have the solidarity, and I hope that this conversation that we had today reaches people to, one, think about the alternatives that we can think about, or not the alternatives, like I said, the preventative methods that we can take to not have anybody incarcerated. And then also, to begin to listen to the blueprint that formally incarcerated women are giving you. So that is grounded in abolition, that is grounded in the people, and that is really creating what different looks like, so that way we can finally get out into the world that this is not an imaginary world, this is really happening on the ground. People are really creating a crisis response team. People are really creating housing programs. All these things are really happening, and I would love to connect with more people.
So if you reach out to the National Council, Families for Justice as Healing, like I said, I know that there are people in the community that are doing the same type of work, but maybe in a different shape and form that works best for their city or state or wherever their community. And we would love to figure out what does that look like, because we’re all student teachers and we all have a lot to learn, and then we all have a lot to teach. And so, I’m excited and cheers to a future with no jails, prisons or police, and cheers to a future that is grounded in the healing and wellbeing and support of all people.
Wendy Sawyer:
I just want to quickly make a pitch. I mean, there’s no way to follow all that, but to just question any information that’s put forward by the architects or the construction, whoever’s doing these assessments, I have yet to see an assessment where we didn’t find some hole in it that we could push back on. So yeah, don’t assume that those are written by people more expert than you. And feel free to reach out to other folks, folks here at PPI, or folks wherever people, and have them help you read that with a critical eye, and try and find some opportunities to push back, because that’s very persuasive for folks when they start to see, oh, the experts messed something up, or they’re trying to put one over on us, or something. So I think that’s a pretty successful strategy that I’ve seen folks use. Obviously, it’s only one of very many, but it’s something that we here at PPI can also help with. That’s my pitch.
Naila Awan:
Amazing. Thank you everyone, and thank you everyone who attended, for your time. I know we didn’t get to all the questions. We had a lot come in. Again, if you have a question that wasn’t answered, don’t hesitate to reach out to any of today’s panelists. Everyone’s information was shared in the chat. We hope that this webinar is helpful and will be helpful to your future efforts. Materials shared by our presenters are at the link in the chat and will be shared with you along with the video of this presentation when it is online.
You’ll see a survey when you close your web browser as you exit, and you’ll receive it by email tomorrow as well. Please respond if you’d like to provide feedback, or let us know about other topics you’d like to hear about in the future. If you’d like to receive more information from Prison Policy Initiative about future programming or our work, please sign up for our newsletter through our website, and follow us on social media at Prison Policy on both Twitter and Instagram. Thank you again everyone for joining today. Have a good rest of your day.
In this special edition of the Police Accountability Report, Taya Graham and Stephen Janis discuss what this extrajudicial killing says about the continued emphasis on militarized policing and how its ongoing evolution is both anti-democratic and fundamentally destructive.
Production/Post-Production: Stephen Janis
Transcript
The transcript of this story is in progress and will be made available as soon as possible.
The trial of Ft. Worth police officer Aaron Dean for the killing of Atatiana Jefferson ended in a conviction for manslaughter and 12-year sentence. But in this episode, PAR investigates how the judge retaliated against supporters of Jefferson’s family who attended the trial, throwing one cop watcher in jail for refusing to be sworn in as a witness.
Studio: Stephen Janis Studio/Post-Production: Stephen Janis, Adam Coley
Transcript
The following is a preliminary transcript and may contain errors. An updated transcript 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 man who was arrested while observing the sentence of a cop involved in a high profile killing of an innocent civilian. It is a stunning set of actions by a judge and a defense attorney that threw a well-known cop watcher into jail. But it’s also a stark reminder of how the judicial system can enforce power indiscriminately with little justification and how the consequences of this overreach can be devastating for the people affected by it.
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, and please like, share and comment on our videos. You know I read your comments and appreciate them even if I don’t always get a chance to comment on each one. And we do have a Patreon link for Accountability Reports pinned 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. Okay, we’ve gotten it out of the way.
Now, as you know on this show, we cover the excesses and abuses of American policing, but the point of this process is not just to highlight or call out bad policing. We also try to make the connection between the broader system of inequality that drives it and how both work in tandem to diminish the rights of people in ways both unseen and unacknowledged.
And no case embodies this idea more than the video I am showing you right now. It’s not a depiction of a bad arrest by an out of control cop. No. Instead, it shows the actions of a judge in concert with the defense attorney to send a man to jail who was simply observing a process that is the right of every American, the sentencing of a corrupt cop.
That’s right. A man sitting quietly in a courtroom watching the proceeding was suddenly hauled away into a cell without committing a crime. And it wasn’t just any case, mind you. It was the sentencing of a cop who killed someone. The story starts in a courtroom in Fort Worth, Texas last month. There, Officer Aaron Dean was facing sentencing for gunning down a Tatiana Jefferson. Jefferson was shot while looking out her window after a neighbor called police for a wellness check for an open door. Dean, spotting her, fired almost immediately without provocation. The shooting led to charges of manslaughter. Dean was convicted by a jury in 2021. And so this past December he was sentenced and that’s when the events that led to the controversial arrest we are reporting on today started. That’s because cop watcher Manuel Mata, decided to attend the sentencing as you can see here. During the proceedings, the judge abruptly stops and calls him to be sworn in. Let’s watch.
Judge: Mr. Burset.
Mr. Burset: Your Honor, I believe Mr. Mata has graced us with his presence. We ask that he be sworn in and put under the rules.
Judge: Is there a Mr. Mata in the courtroom?
Speaker 4: Can you stand right there at the rail for me, please, sir and raise your right hand for me? Do you solemnly swear or affirm testimony given in this cause be the truth, whole truth and nothing but the truth so help you God?
Mr. Mata: I don’t know what this is about.
Speaker 6: Hey, judge, may we approach?
Mr. Mata: I don’t understand what’s going on.
Speaker 4: I’m swearing you in as a witness so-
Mr. Mata: On What argument, sir?
Speaker 4: All right, jury, go to the jury.
Taya Graham : Now. Why the judge decided that Mr. Mata should be sworn in remains unanswered. According to people we have spoken to, the reason was frankly bizarre. The defense attorney asked him to swear at least four other activists in the courtroom as witnesses. Seriously? That’s right. After the verdict and the sentencing, the judge allowed the defense attorney to, it seems, retaliate against the people who attended the trial that the defendant didn’t like. Now, Stephen has reached out to authorities in Fort Worth and will report back what he learned shortly. But this startling request was just the beginning of a long series of inexplicable actions. Take a look.
Judge: All right, jury, go to the jury. The one may be seated Mr. Mata?
Mr. Mata: Yes.
Judge: Is your name Manuel Mata?
Mr. Mata: Yes, sir.
Judge: Your date of birth is 7/8 of 1980?
Mr. Mata: Yes, sir.
Judge: All right. I have issued you an oath to tell to testify truthfully. Are you going to take that oath?
Mr. Mata: I have a question, sir.
Judge: No. Are you going to take that oath?
Mr. Mata: No.
Judge: All right.
Taya Graham : Now, just a little background on Mr. Mata. He is a cop watcher who has been involved in some controversial cases. Still, on this particular day, he was not cop watching or protesting or saying anything for that matter. All he was doing was observing an officer who was facing charges of an extra judicial killing. But apparently his presence was enough to prompt the country’s powerful judiciary system to react inexplicably. Let’s watch again so you can see how surreal this action really was.
Judge: … truthfully, are you going to take that oath?
Mr. Mata: I have a question, sir.
Judge: No. Are you going to take that oath?
Mr. Mata: No. All right.
Judge: You are on bond on some cases, is that correct?
Mr. Mata: Yes, sir.
Judge: Those bonds are being declared insufficient. Sheriff.
Mr. Mata: What? What’s going on? What did I do? I need my lawyer present, sir.
Judge: We will get your lawyer.
Mr. Mata: You questioned me without a lawyer present, and I don’t know what y’all doing. I don’t know what’s going on.
Mr. Burset: [inaudible 00:05:53].
Mr. Mata: For what? For what? I asked him a question. I don’t have no knowledge of this case, and I just wanted to know who’s asking for me to be sworn in. The defense? The DA or the defense, the judge? Who’s asking it? Those are questions I need answered if you’re going to revoke me, you ain’t [inaudible 00:06:19].
Taya Graham : Now, at the time, the judge randomly withdrew his bail. Mr. Mata was in a precarious spot. That’s because he was in the process of defending his right to film cops. This means that when the judge revoked it, Mr. Mata was carted off immediately. Not as I said before for misbehaving in the courtroom, just simply sitting there. And for more on why this happened and the consequences, we’ll be talking to both Mr. Mata and hbomatt. But before we do that, I’m joined by my reporting partner, Stephen Janis. Stephen, thank you for joining me.
Stephen Janis: Taya, thanks for having me. I appreciate it.
Taya Graham : So first, you’ve been looking into the circumstances surrounding this odd courtroom drama. What have you learned?
Stephen Janis: Well, like many things, it’s pure weird on the surface. There is an underlying reason, and I think this has to do with the defense fighting back against the community’s disapproval of this officer. There was a controversy about moving the case earlier in the trial, moving it out of Fort Worth because of the idea that the community was somehow predisposed to judge’s officer without evidence. And I think that’s where this is rooted in because it seems like the defense attorney in this case is driving the entire ordeal and driving the fact that these witnesses were sworn in at such a late date in the court process.
Taya Graham : Do the rules of procedure even allow this? I mean, can you call witnesses at a sentencing?
Stephen Janis: Well, that’s the thing. The reason the defense attorney gave for calling a witness at this point was that they wanted to use this for a so-called appeal. However, I think the real reason was is because once you’re a witness in the case, you cannot sit in the courtroom. I think the idea was to get rid of all the activists in the courtroom and to use procedure to do that, which on the surface seems okay, but it’s not because the intention is just to remove people from the courtroom who wish to observe the legal process.
Taya Graham : Finally, did the mainstream media cover this and what was their take on what happened?
Stephen Janis: Well, their take was kind of disturbing and illustrative at the same time. The mainstream media accused Mr. Mata of making terrorist threats. This accusation didn’t come from charges, but came from the same defense attorney that tried to remove him from the courtroom. So I think it raises a lot of questions. I think this is rooted in the community’s sort of passion about this case and the judge trying to control it because early on in the case, they actually swore in the mayor and a city councilperson as witnesses too about moving the trial. And then when they criticize the verdict as being too lenient, the judge hauled them into court for a contempt of court hearing. So I think what you’re seeing here is a very troubling way of covering. Also, good to note that they accuse Mr. Mata of terrorist threats, but they did not ask him for comment, nor is his comment anywhere in, and that’s just bad journalism 101. Always seek comment no matter what.
Taya Graham : And now before we’re joined by Mr. Mata, I want to go to an important Texas cop watcher, known as hbomatt. As you might recall, he’s facing charges of organized crime from Levinson, Texas Police for cop watching, which are still pending, and which he will update us on shortly. But I also want to get his perspective on how Mr. Mata’s ordeal fits in with the broader assault on cop watchers by Texas law enforcement. Hbomatt, thank you for joining me.
Hbomatt: Glad to be here, Taya.
Taya Graham : So first, who is Manuel Mata? He’s a police accountability activist, right? Why is he cop watching and risking arrest?
Hbomatt: Very simple of Manuel. He’s been arrested for a felony and convicted before. So he’s got a meat to pick, but he only goes after the cops that are doing the crazy stuff. He still doesn’t usually just go after the random cop for doing nothing. But yeah, he started because he spent time in jail and he’s come across a lot of bad cops, and now they keep coming after him, so he wants that accountability.
Taya Graham : We see him taken out the courtroom for the trial of Aaron Dean, the officer who shot a Tatiana Jefferson through a window in Fort Worth, Texas during this wellness check. Can you describe what happened to Manuel? Why was he there and what happened?
Hbomatt: He was purely there to cover the case, to watch it, to be an observer. The night before, there was a protest against the Dean family for people who weren’t happy with only a manslaughter conviction and not murder. So at the beginning of the trial that day, we’re in sentencing now, not actual trial. The defense attorney calls him up by name to swear him in as a witness. Now, the game we’re pretty sure the defense attorney is playing is to just kick people out of the courtroom he doesn’t like. There is absolutely no legit reason for him to call Manuel up. And if he wanted the video from the recording the night before at the protest, he can just subpoena it for whatever appeal he is going to do later on. And Manuel’s not there yet. So he looks around the courtroom and recognizes a second person who was thereat the protest that night says, Hey, who are you? He doesn’t even know who the guy is. Makes him give his name, come up, kind of brown skin too, maybe just a coincidence. That guy just goes along with it. The judge swears him in as a witness, kicks him out of the courtroom.
At some point in there, the defense attorney and the judge and some other people we’re not sure who yet conspired, started trading info on who’s Manuel Mata and what’s he done and what can we do with him? And so about three o’clock at the end of the trial day, Manuel is there as a witness. Defense attorney calls him up. Manuel’s like, “What the heck’s going on?” Judge says, “I’m going to swear you in.” He’s like, “What? How?” Judge kicks the jury out and goes through this predetermined plan they came up with to judicially kidnap him, doesn’t hold him in contempt. Doesn’t say, leave the courtroom. Doesn’t say, you’re a security threat. This is going to be important later. Just says, Hey, Mr. Manuel Mata date of birth, such and such. You’re out on bonds, aren’t you? Well, I’m holding those bonds insufficient. Take him away. And they just take him to jail. And he sits there for about four days in jail before the judge reinstates his bond.
Taya Graham : What do you think it is about Manuel’s work that has caused him to be targeted like this? What is he exposing that authorities are willing to misuse the law to deter him?
Hbomatt: The cop watching has just been pure retaliation from the cops. It’s been pure revenge. He’s recording, he’s very mouthy. Manuel does not like bad cops. So he’s one of those guys like Eric Grant was that’ll cuss up a storm in front of these cops and just cut their ego off at the knees. So as a group, the entire Fort Worth area police just want to do everything they can to arrest him because they don’t like him.
Taya Graham : And now, to speak with the man himself about what happened and the consequences for him, I’m joined by Manuel Mata. Mr. Mata, thank you for joining me.
Manuel Mata: You’re welcome. It’s a pleasure.
Taya Graham : So first, let me ask you, why were you in the courtroom to watch the trial of Officer Aaron Dean? Why were you there, and why does this case matter to you?
Manuel Mata: Well, I actually been following that case for about, I think, two plus years because this case happened right down the street from where I live. So it’s not like it’s something that I heard about or it’s something that affects my whole neighborhood because she was my neighbor. The same thing could have happened to my sister or anybody. And this is the type of thing that we’re trying to expose because this is a division that’s built on basic corruption and not telling the truth, and that’s all we’re asking for. That’s all any of us have ever asked for this whole time. Accountability, honesty, transparency, and it seems like they go out of their way and waste taxpayer monies to avoid those things instead of just being what they designed for, to protect the community and serve us.
Taya Graham : So you’re in the courtroom watching the outcome of this murder trial when you’re called up to be sworn in as a witness. Is that correct?
Manuel Mata: Yes. When Judge Gallagher called me and it was like, I didn’t know why, because in this trial, I expected to be out of a trial setting when I was in court, so that’s why it was all weird to me that he was calling me up. And then when I went up there, to me, truthfully, honestly, saying yes and agreeing to something in courts during my experiences haven’t turned out well for me. That’s the whole reason why I’m trying to ask for transparency and accountability because of what happened to me. So for me just to go into a courtroom blindly when I have nothing to do with it and agreed to it, I wasn’t going to. That’s why I wanted to ask what was the reason? Why am I being sworn in? And I never got one. And that’s why I couldn’t do it, because I didn’t know what the ulterior motive was, because that’s the cases I’ve dealt with because there’s always an ulterior motive.
Taya Graham : Now, you were taken out of the courtroom in cuffs. What happened next?
Manuel Mata: The whole thing was weird to the [inaudible 00:15:16]. And honestly, if they would’ve just told me, Hey, walk back here, I would’ve walked. I wouldn’t have ran. I wouldn’t… For what? I didn’t do nothing wrong, so why would I? And it was just weird. It’s like they wanted me to see their show of force. They wanted me to say, we are running the show here. You do what we say or else. The judges, whatever. And when they took me to the back, it was like there was two guards and the white one was somewhat chill. It was the other one that was getting aggressive. And that’s when I told him, “You don’t have to get aggressive with me. I’m complying. I ain’t tripping. It’s not your fault. I understand y’all just following orders. It’s that effort that is making y’all do this.”
Taya Graham : You were able to be removed from the courtroom because your bonds were revoked. What were these bonds for?
Manuel Mata: They’re for filming cops in traffic stops. That’s all I’ve been arrested for. I’ve been arrested for interfering with public duties. And the resisting arrest comes after I either refuse to identify myself because it’s not a lawful arrest, or they seem to think that… I’m already in handcuffs, but they seem to think by me telling them, Hey, stop doing me like that, or that’s not how you’re supposed to handle me. And telling them you better write the use of force, I end up with these other charges.
Taya Graham : What about the personal costs? Surely the legal fees, court costs, time incarcerated. I’ll take their toll. Why do you keep doing it?
Manuel Mata: And I had a back and forth with this, so I’m glad you asked me that. I think the way I was raised and what I went through prepared me for this situation. Because everybody I’ve met along my two three year journey doing this, they were able to silence them. They were able to stop them by either criminalizing them. If they were parents, they took their kids and threatened them with their kids. And if they were outstanding citizens, they turned them into criminals. So I grew up in those environments and these upstanding citizens that’ve been asking for this simple thing for years, the one thing they’re able to do is those three things to each individual person in that situation to make them be quiet. I don’t have kids. I can’t have them. The good job that I had, they already took it from me. This is my job to expose all of them.
Taya Graham : Now, I think it’s worth breaking down not just what happened to Manuel Mata, but the message it’s intended to send. Because as we’ve tried to point out over and over again on this show, the pushback against policing isn’t just about bad cops or law enforcement overreach. In fact, what Mr. Mata and hbomatt experiences reveal is that holding cops accountable also means fighting back against our inherent bias for law enforcement that gets overlooked. Oh wait, I guess you’re probably saying now, bias Taya? What do you mean by bias for law enforcement? Is that your opinion or is that a fact? Aren’t we getting a little bit ahead of yourself and saying, we have some sort of bias towards law enforcement in this country? How can you prove it?
Fair question. Now let me explain. First, I want to talk about a study in an academic journal that has been largely overlooked, but illustrates exactly what I mean. It was a piece published by the National Library of Medicine that looked at how the largest cities prioritize services. In other words, where do our biggest municipalities put their money and what does it say about their priorities for serving the residents who live there? Well, interestingly, the paper focused on one specific aspect of municipal spending. How does cities balance health and wellness outlays with policing? What do cities emphasize when it comes to the wellbeing of residents? Do they allocate more dollars to cops or do they invest more in public health? And what that paper found clearly affirms my point about bias for police. Researchers found that of these top cities, only seven spent more on and emphasized social services over law enforcement. And because of that imbalance, a majority of the 50 largest metropolitan areas studied were designated carceral cities, communities were cops predominate and wellbeing suffers.
Honestly, I understand this imbalance pretty well when I was just a city hall reporter here in Baltimore years ago, our health department was almost exclusively funded by grants with very little spending coming directly from our city budget. Meanwhile, police spending went up and up and up and up. And what happened? Well, it’s complicated, but I can tell you this: crime didn’t go down. That is for sure. We are not considered a safe city. In fact, we regularly sit at top the list of the country’s most dangerous places to live. My point is that in a country where people can’t afford to pay medical bills, where social services go unfunded and where tens of thousands of people remain homeless and on the streets, why is law enforcement the number one priority? Why do political leaders spend so much on cups and tasers and guns when the work to simply improve people’s lives gets tossed aside?
As we have made clear on other shows, it’s not just because of the main excuse city leaders give: crime. Because quite frankly, the police can’t really prevent crime. And if they could, the spending by all these cities collectively would make this country the safest place on earth. Instead, I think what we see in this study is the same affliction that prompted a judge to toss a man in jail over nothing. A system that is self-perpetuating and insular despite the evidence that it truly doesn’t work. What we are witnessing in courtroom dramas like Mata’s, the prosecution of hbomatt and the lack of resources for health are all part of the same lineage of an irrational fixation on law enforcement as a cure for all that ails us.
I mean, I think it’s truly embarrassing that our greatest cities are also labeled as carceral. I think it’s shameful that we’ve pretty much created a system that tries to solve complex social problems with arrests and imprisonment. It’s even more disturbing when you consider that the cities which don’t qualify as carceral, namely New York, Washington DC, San Francisco, Seattle and Philadelphia are some of the safest. All cities say Philly, that have much lower crime rates than the communities which emphasize policing.
Now, I understand that this could also be viewed as a chicken and the egg problem. What came first? Crime or spending on police? What’s the causation here? Does the lack of spending on social services create the need to ramp up law enforcement by exacerbating poverty and neglect? To answer that question, I’m going to take a broader view and throw it back at you. I’m going to try to answer it from an entirely different perspective. See if you can answer what came first, policing or inequality? What birthed this whole law enforcement industrial complex we are dealing with now, poverty or the need for safety? I ask this question because I think it gets to the crux of the problem. Police are not the answer to a system that cannot provide for the people in need. And it is definitely not the answer to a world built upon a foundation of unequal treatment and enforcement for people who struggle to survive and have access to healthcare.
I mean, maybe it’s not carceral cities we need to worry about. Maybe we need to consider the possibility we all live in a carceral country. Maybe that is what we should be debating, not whether we are pro-police or anti-cop, but if we are truly pro humanity. That’s the question that really needs to be answered.
I want to thank my guests, hbomatt and Manuel Mata for their work to hold police accountable and for taking the time to speak with us. Thank you both. 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 really appreciate it.
Taya Graham : And I want to thank friends of the show, Nolee D and Lacey R, for their support. Thank you and a very special thanks to our Patreons. We appreciate you and I look forward to thanking each and every single one of you personally in our next live stream, especially Patreon associate producers, John R and David K, and Super friends, Shane Busta, Pineapple Girl, and Chris R. Thank you. I appreciate you.
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, I do read your comments and appreciate them. And even if I don’t answer every single one, I assure you I read it. And we do have a Patreon link for Accountability Reports pinned in the comments below. So if you do feel inspired to donate, please do. 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.
The start of the COVID-19 pandemic in 2020 exacerbated the existing crisis of incarceration in the US, which has the highest incarceration rate of any country in the world. During this time, a group of women with loved ones incarcerated in Nevada’s prison system founded the organization Return Strong to fight for decarceration and the successful re-entry of formerly incarcerated people into society. Return Strong Executive Director Jodi Hocking and Community Organizer Ashley Gaddis join Rattling the Bars to discuss the fight against mass incarceration in Nevada.
Studio/Post-Production: Cameron Granadino
Transcript
The following is a preliminary transcript and may contain errors. It will be updated as soon as possible.
Mansa Musa: Welcome to this edition of Rattling the Bars. I’m Mansa Musa co-host with Eddie Conway. As I always do, first, I want to say Happy New Year to all the Rattling the Bars listeners and viewers and The Real News watchers and listeners. I want to update you all on Eddie Conway. I had the opportunity to visit his wife Dominique and Eddie Conway is doing great.
At some point in time, we hope to have Eddie Conway make a cameo appearance on this program that he created and the network that he loved. Today we have an extraordinary group of people, but more importantly, we have an extraordinary example of what George Jackson described in his essay towards the United Fronts.
He said that the sheer number of people that are incarcerated, when you compare that with the people that are incarcerated and their family members, the only logical conclusion you can draw is that we have a massive amount of people that, if organized, could really have impact on the way the system is structured and the way the system treat people.
Here today to talk about just that are two extraordinary women. One is Jodi Hocking and Ashley Gaddis. Welcome to Rattling the Bars.
Jodi Hocking: Thank you.
Mansa Musa: First, let’s start with you Ashley. Tell the Rattling the Bars a little bit about yourself.
Ashley Gaddis: Well, my name is Ashley and I’m from Las Vegas and I’m formally incarcerated. I have been in and through both systems, the federal and state system. I’ve been directly impacted by the conditions of prison and the justice system as a whole. I am part of Return Strong now as staff to try to make a difference within the system and policy and hope for better conditions.
Mansa Musa: Okay. Jodi, tell us a little bit about yourself. Tell the Rattling the Bars viewers and listeners a little bit about yourself.
Jodi Hocking: Yeah. Hello. Thank you for having us. My name is Jodi Hocking. I have been a Labor Organizer for a very long time and am impacted, my husband’s incarcerated. I founded, and now I’m the Executive Director of Return Strong, which is an organization that is really two-sided.
On one side, we really center the voices of formerly incarcerated and currently incarcerated people, and then on the other hand, we work with families of the incarcerated to actually be the hands and feet of this movement.
Mansa Musa: Okay. You all primarily located on in Nevada, right?
Jodi Hocking: We are primarily located… Well, let me say this. We are focused on work in Nevada because what we have in common is either loved ones who are incarcerated in Nevada, but our activists really are all over the world because our loved ones are incarcerated in Nevada, but we don’t all necessarily live there.
Mansa Musa: Okay. That’s good. All right. Let’s start by examining, because we’re talking about Return Strong, which is a grassroots organization that was created by the family members of men and women that are incarcerated. As you outlined just a minute ago, as the men and women return, they become a part of Return Strong.
But let’s talk about… Before we go into talking about the organization, and I’m going to direct this to you, Ashley, because you experienced a lot of the horrendous conditions that take place in the prisons.
You can weigh in on as well, Jodi. But let’s talk about the prison industrial complex in Nevada. Ashley, you served federal prison and you served state prison as well. Talk about the prison industrial complex in Nevada as you understand it.
Ashley Gaddis: Okay. From my experience, I started my time in a private prison here in Nevada when it was CCA. I’ve been involved in this system from privately ran institution to a state ran institution. Basically, I’ve seen it go from reform to human warehousing, meaning conditions just worsen.
The problem or the major issues that are happening are, there’s a lot of abuse, physical, mentally, and verbal abuse within the institution. A lot of the staff that work there have worked at a man’s prison so they come there treating the women like men.
Mansa Musa: Right.
Ashley Gaddis: Any complaints that happen, for the most part get ignored, get shift around, not heard.
Mansa Musa: Okay.
Ashley Gaddis: Unfortunately, it’s a system that really doesn’t take women prisoners serious from our mental needs, our medical needs, our physical needs and we’re just categorized as one.
Mansa Musa: Let me ask you this here, because I know from doing previous reports on dealing with women prison. How many women prisons, to your knowledge, are in Las Vegas or are in Nevada?
Ashley Gaddis: There’s approximately 800 to a thousand between the main prison, which is Smiley Road, Florence McClure, and our camp in Jean, Nevada.
Mansa Musa: So 800 to a thousand women?
Ashley Gaddis: Yes.
Mansa Musa: But how many prisons do they have? Because for example, in the state of Maryland, they have one woman’s prison for the state of Maryland, and that one woman’s prison is consist of security-wise, maximum, minimum and because they don’t have no pre-release system, they don’t have the right to progress through the system.
I’m trying to think and see if this is the consistent concept when it comes to women prison throughout the United States. So how many women prisons do they have?
Ashley Gaddis: Yes, you’re correct. We have one prison that holds medium maximum and we have one camp.
Mansa Musa: Okay. So this goes… Go ahead.
Ashley Gaddis: No, and this goes from… Our Florence McClure prison holds the approximately 800 to 850 women now. That’s just recently because of Covid, but they’ve been over-populated over a thousand, which is not supposed to happen and housing women in the gym or in other units on bunk beds because of the overcrowding.
Mansa Musa: So this is consistent. When we’re talking about the prison industrial complex and mass incarceration, which is the new form of slavery, the narrative is consistent throughout the nation that, as if prison in and of itself is not [inaudible 00:08:24] and horrendous, now women are discriminated against in society.
Misogynistic society, racist society, a sexist society, but then they find themselves incarcerated and discriminated against again in the form of not being given no equity. Jodi, talk about how did Return Strong come into existence.
Jodi Hocking: We started like many places did in reaction to some circumstances that were going on in 2020. One, was my own personal response to the murder of George Floyd and feeling as a middle-aged white woman, what do I do to start to… ?
If you remember really the racial divide that was going on in the country at that time and I had done a lot of anti-racism work. I started with a book club and I worked with teachers across the country. And then I decided my husband was incarcerated and had just gone back on a violation.
I started to really think about how families of the incarcerated, a lot of times over accentuate personal responsibility and somebody’s personal piece of a crime or conviction, and that they miss some of the systemic issues that happen in addition to that.
I decided to start. Really, it was supposed to be just a family Peer Learning Circle, was where it started. My background is in organizing though. I’m a Labor Organizer and believe so deeply in the power of collective action and that we’re always stronger together.
We started, on August 6th, 2020, we had our first family meeting. There were about 10 women there, and three weeks later, Nevada Department of Corrections in response to Marcy’s Law, implemented an 80 to a hundred percent deduction of any money that went on people’s books, any money they were making from prison industries.
I felt like we had to make a choice. We were either going to fight for everyone or we were going to try to figure out how to pay for ourselves, our loved ones’ restitution. We took on that fight and we really weren’t even in existence yet.
We had had one family meeting and people who knew us back then, I kept telling people, I don’t know what we’re doing, but we have to do something. Which is my standard answer to everything is, I don’t always know the answers.
I just know the only thing we can’t do is stand still and watch this stuff go down. We started fighting that. We actually were able to get a stay within the first month of it happening.
We got to stay from the governor for about five months and eventually stole a bill out from under NDOC, flipped it and put statutory caps on restitution and deductions, which was amazing. They had to repay people any money that they had taken without [inaudible 00:11:38]. It was a huge win. I would’ve loved to get it to go to no restitution.
Mansa Musa: Zero. Right.
Jodi Hocking: Sometimes you have to fight for the best case scenario and then we don’t have control over all of it. But it made a huge difference for people who were in prison and owed any money to the prison system because they were literally, if you put a hundred dollars, I know my husband was getting $8 out of that a hundred and they were taking all the rest of it.
As soon as we got the stay on that, the Covid outbreak happened in Nevada and Warm Springs Correctional Center went from zero cases to about 400 cases within days. We had been tracking that information and so had been going to the media saying, NDOC, they’re lying about their numbers. That can’t be true. This isn’t true.
When the outbreak happened, it created a lot of questions for NDOC. Even though we don’t win every battle we’re in with them, we have gotten the attention of media really across the country and then other grassroots organizations. It’s created a situation where we have won multiple fights with them, where nobody has ever won before. It’s just created a huge difference.
Mansa Musa: Ashley, as it stand right now, you’re formerly, you are in the halfway house?
Ashley Gaddis: Yes, I’m in a special… I’m in a specialty program that gave an early release and this program is through the courts.
Mansa Musa: All right. How did you become involved with Return Strong, or when did you become aware? Because Jodi, you all have been in existence since 2020 what? Two?
Jodi Hocking: 2020. Our non-profit formed in 2022.
Mansa Musa: Okay. Ashley, how did you become involved with Return Strong?
Ashley Gaddis: Okay. There used to be another group called Nevada Cure that helped inmates. They fell off and then I started to get literature from Return Strong. As an inmate, we’re always leery on these organizations because are they just talking? What do they do? Are they going to help us? Do they care?
All those questions go [inaudible 00:14:16] until we see the existence of it and the actions behind the organization. Like Jodi said, the restitution issue came up that affected many people. We started getting literature from them and I’m like, okay, they want to know.
They sent these surveys through asking who has been affected how. And I’m like, wow, okay. They’re engaging, they want to know. I reached out to them. I didn’t necessarily have a restitution issue, but I knew many people that did. They don’t know how to reach out so I guided other people at first.
Here, this is who you need to talk to, this is who you need to contact. And then as I saw Return Strong making moves and really making noise and making a difference, I’m like, yeah, this is who I need to connect with. I stayed connected.
Because I do have my paralegal cert, so I know what kind of system that I’m dealing with. I’m dealing with the system that, anything we do is obsolete. But anything constitutional as far as violations of our rights, I will jump.
I got involved with that, be it through the grievance, be it through reaching out to Jodi because that’s what matters, not curling irons and stuff, but [inaudible 00:15:57].
Mansa Musa: Right.
Ashley Gaddis: Yeah, as more problems started progressing, Covid hit, like Jodi said, and we had another issue that was upfront. I organized and I communicated and I got people involved and stepping out of prison into a specialty court, I stayed connected and reached out to Jodi and here I am. I know Nevada’s policy is real trickery and it’s a lot of words [inaudible 00:16:41].
Mansa Musa: What do you mean by that?
Ashley Gaddis: The laws and the AR policies, the prison policies. They use a lot of meaningless language and there’s a lot of confusion with it. But because I’ve done a lot of time in this system, I got very familiar with the language and that’s what I help Return Strong with is interpreting some of that language where there’s a lot of confusion.
Mansa Musa: Jodi, because Ashley just talked about how from her own personal experience and being a victim of a lot of the abuses, how when they became aware of you all, the way they vetted you all in terms of making sure that you all was serious about the work that you all was doing, because I’m familiar with that as well.
Being formally incarcerated people oftentimes come in the system, but they’re not prepared to do the heavy lifting in terms of staying the course. They’ll give a lot of lip service to our issues and concerns.
Talk about why is it that you all have been so successful at mobilizing the prison population? Because according to you, you all got over 4,000 people that’s involved. Talk about how you all have been able to mobilize the prison population, to have the impact that it has had in terms of changing policies. We’ll talk about some of you all future objectives.
Jodi Hocking: Ash, feel free to contradict me if you don’t think this is accurate. I think what happened is in the beginning, we right away started writing to people because I was like, I wanted to hear from people who were being impacted by deductions, by what’s going on with Covid.
Are they feeding you? All of the different issues that were happening and I used to beg them. I would ask questions. Here’s some questions about Covid. What’s going on with bed transfers? Because we were hearing from… I’m a big Howardson fan.
Howardson always talks about, during any period, there’s always the government’s version of history and there’s the people’s version of history. I was listening to NDOC at every one of their meetings and I was like, they are lying. That’s not what people are telling us. They would come to meetings and give this false testimony.
I got my team together and we just started begging people practically to just communicate with us, tell us what’s going on with Covid. Tell us what’s going on with bed transfers, food, medical care, whatever it was. We wanted to know what was going on.
I used to tell them, and I still do the same thing when we send newsletters in is, I can’t promise we’re going to work on every issue right now. Tell us the story. We now use a database that catalogs every letter that we get.
If you wanted to know about how many people have written to us about solitary confinement conditions, I can run a report, we can pull those letters and I can answer that. When we first started it was a box of letters. Do you know what I mean? But we now get thousands of letters.
I think we’re probably close to 4,000 letters in 2022. We tell people, we set the expectation that we’re not going to be able to answer everyone. We’re working full-time jobs. This is not… Up until a few months ago we were unfunded. We were just open and honest.
I think I wrote to people more like I was writing to friends of mine than I was writing a professional letter, which is how, the way that I interact anyway. But it was a two-way street. They would share information with us and we would use that information to move forward an agenda that took what they were the most important thing that they were bringing.
Mansa Musa: Right.
Jodi Hocking: In addition, we had to balance that with areas that we thought we could win and what resources. But then I would explain to them, this is why we’re doing this instead of this or we’re trying to file a complaint with the DOJ, we’re trying to do…
It’s something where we worked together. So really what we did is organize and we really used a union structure to organize inside the prisons. As people would write to us, we had people that were jailhouse lawyers or unit organizers so I would have a contact and our goal is always to grow that.
If I need to get a message in, Ashley was a unit organizer and a jailhouse lawyer. Another role we have is key documentors. Those people who can take what the issues are and break them down into ways that when we read them, for people who haven’t been incarcerated that we’re like, that’s what they mean.
That’s what matters. Right? [inaudible 00:21:41] of issues and we use their letters to change hearts and minds. We’re the hands and feet of this work, but formerly incarcerated [inaudible 00:21:49].
Mansa Musa: Sound like in terms of organizing, you all have the perfect union. Jodi, what’s you all strategy going forward?
Jodi Hocking: I think going into 2023 and 24, we’re a biannual legislature. We only have legislature every other year. This year we have a double opportunity, which I always like to look at everything as opportunities. We have a new governor. He is 30 years in law enforcement, so there are some challenges that are going to be there.
But we also have a new Director of Prison. Right before Covid hit, we had a new director who was forced to resign, I believe in October of last year. There’s some hope there that they don’t want the bad press that the old administration had.
There’ve already been some moves. The new director is already meeting and we’re planning some meetings, but we have a plan that we are delivering a letter and asking them for certain meetings and the first 100 days of their administration.
Mansa Musa: Okay.
Jodi Hocking: The first thing we’re asking for them to do is to meet with formerly incarcerated people and stakeholders. We’re also asking them to come to the table with NDOC to talk about issues that are happening within facilities.
And then to also hold a public meeting where people can come and actually express what their concerns are and what the stress has been of the past several years, in order to really pivot the direction of corrections.
With this new administration, I feel like it is an opportunity to pivot into a new direction of what do we want corrections to look like in Nevada in five years and 10 years and 15 years. We don’t want more of the abuses that are going on now. We don’t want our prisons to be on the top 20 worst prisons in the United States that Ely is always on the list of.
It’s time to do something different. While we’re dealing with administration that may be more conservative in some ways, as an organizer, I look at, there’re going to be parts that we completely disagree, but the sweet spot of where we can make change is on the areas that we agree.
We agree that [inaudible 00:24:11] need to be treated humanely, that solitary confinement isn’t the answer. That rehabilitation is more important than punishment and pain. Focusing on those areas that we can change. We’re working on that in the hundred-day plan.
The other thing that we are working on is, I think one of the struggles for our in organization has been that corrections can keep us fighting things that are the tip of the iceberg. They’re not feeding people, they’re not doing this, all the things they’re doing wrong, the restitution, Covid.
We could fight those things at the tip of the iceberg and we’ll never run out of fights. But one of the really core changes that we want to make is, how do we change the culture around incarceration?
We’re abolitionists, well, not all of us are, but we’re founded on abolitionist beliefs that we have to deconstruct these systems while we’re also building communities that are ready for worlds without prison. How do we educate people who are not touched by incarceration? I think…
Mansa Musa: Right and I think that conversation is going to be the larger conversation because that’s a conversation that’s starting to take shape nationwide. But Ashley, talk about what you see in terms of the prison population and the future as it relates to your role in Return Strong.
Ashley Gaddis: Well, I am hoping that the system becomes more conducive with reform and eliminating the stereotyping of high risk offenders, not giving them the opportunity to reform and keeping that stigma there as well as the conditions.
I mean it’s just something has to break. What’s going on right now can’t continue to be happening and the whole thing with Covid, a lot is being blamed on Covid. Well, we’re out of Covid and it is time to move forward in a new direction.
Mansa Musa: Right.
Ashley Gaddis: Yeah.
Mansa Musa: And [inaudible 00:26:42].
Ashley Gaddis: I just [inaudible 00:26:43].
Mansa Musa: Go ahead, come on.
Ashley Gaddis: I’d like to highlight something real quick with Nevada and the women, okay. Because it doesn’t start in prison. It starts with the sentencing and the courts. It starts with the disappropriateness of the sentence structures. You have women and men committing crimes together.
You have the man with a record and he’s getting less time than a woman, than a mother, a wife, and that’s a big number in Nevada’s prison of women that are on co-defendant conspiracy charges.
You have women coming in there just broken off the top. Spiritually, mentally, physically, all of that and then you have a system that is abusive and neglectful and there’s no dignity there. There’s no humaneness there. So what do they expect to happen [inaudible 00:27:51]?
Mansa Musa: I think this is a attitude nationwide when it come to women in general and this deal with this racist, sexist, misogynistic society that we find ourselves in. Like I told you, they got one woman’s prison in Maryland, maximum security and medium security and mental security.
But women can’t get to work release because you don’t have no work release environment. But Jodi, give us a contact for your organization and how people can get in touch with you all and what you want people to know, what you want people to do in terms of supporting you all.
Jodi Hocking: I think there’s a few things. One, we always are looking for volunteers and you would easily reach our social media on our website, everything is the same. It’s Return Strong NV for Nevada. Maybe someday we’ll drop the NV and just be nationwide. Who knows?
That’s the easiest way. If you go to the website, we’re on Instagram, we’re on Twitter and we’re on Facebook with that same. The other thing that we are opening up this year and that really people are welcome nationwide is, we are going to be implementing, they’re called Peer Learning Circles.
One of the things about the change that needs to happen is that it’s not just… I think it needs to be led by people who are impacted, but Peer Learning Circles are really a space where everybody’s a learner. You can learn from a harm reduction specialist, somebody can learn from you if you have a loved one that’s incarcerated or you were formally incarcerated.
We will be starting Peer Learning Circles. I think the first one is actually in February and we’re going to open that up to anybody. It’s going to be on Zoom. We can have up to a hundred people. We can break out into small groups.
It’ll be once a quarter, but it gives you the opportunity to really, not even network, but just come and learn from other people. No matter how you learn, what you learn, it’s a space that really respects that. I think that is how we start getting to the root of the problem is…
Mansa Musa: Okay. There you have it. The Real News about Return Strong and the Nevada prison system as we just was given this information by Jodi and Ashley. We wanted to remind our listeners and our viewers to be mindful of, we’re talking about prison industrial complex and we’re talking about mass incarceration.
We are also talking about the blatant discrimination against women in the Nevada prison system as Ashley just outlined. We encourage everyone to go to the Return Strong website and check out what they got to offer. Thank you ladies for this and delightful conversation.
Daniel Alvarez first appeared on the Police Accountability Report in June, 2021 after an LA sheriff put him in handcuffs for stopping at a stop sign. Since then, Alvarez has documented numerous instances of LASD officers continuing to target and harass him. Alvarez has been arrested eight times since his first encounter with LASD—always on charges that have later been dismissed due to lack of evidence. Officers have used everything from broken taillights to false DUI allegations as a pretext for continuing their harassment campaign against Alvarez. Daniel Alvarez returns to the Police Accountability Report to share how LASD officers have tormented him in the past years.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
The transcript of this video will be made available as soon as possible.
Former Maryland state medical examiner Dr. David Fowler testified at the trial of police officer Derek Chauvin in 2021 that the cause of George Floyd’s death ought to be ruled “undetermined.” Hundreds of doctors across the country repudiated Fowler’s testimony and called for his previous rulings to be investigated. After an independent review of Fowler’s handling of 1300 cases of deaths in police custody, the State of Maryland is now reinvestigating 100 of these deaths. The 2018 death of Anton Black, a 19-year-old African American man, is included in the cases to be reviewed. Fowler ruled Black’s death an accident in spite of video footage showing three white police officers and one vigilante chasing the teen, tasering him, and pinning him to the ground for six minutes until he stopped breathing. In the latest episode of Land of the Unsolved, journalists Taya Graham, Stephen Janis, and Jayne Miller dig deeper into Dr. Fowler’s disturbing record, and the patterns it reflects in police killings across the nation.
Post-Production: Stephen Janis
Transcript
Stephen Janis: Anyone who watches crime dramas could reasonably conclude that when someone is murdered, barring bizarre and extenuating circumstances, the case is solved. That is through high-tech forensics, moral resolve, or simply the near mythic competence of American law enforcement, killers are ultimately sent to jail. But as an investigative reporter, who has worked in one of the most violent cities in the country for nearly 15 years, I can tell you this is not true.
Taya Graham: And that is the point of this podcast, because unsolved killings represent more than just statistics. It’s a psychic toll of stories untold that infects an entire community, the final violent moments of a victim’s life that remain shrouded in mystery.
Stephen Janis: I’m Stephen Janis.
Taya Graham: I’m Taya Graham.
Stephen Janis: And we are investigative reporters who live in Baltimore City.
Taya Graham: Welcome to the Land of the Unsolved.
Taya Graham: Hello, my name is Taya Graham, and welcome to the Land of the Unsolved, the podcast that explores both the consequences and politics of unsolved murders. Today, we’re going to be examining, not a specific case, but a person who works behind the scenes at a critical role, a juncture between the body on the street, and a murder investigation. It’s an often overlooked back office position that, actually, in Maryland, has become the center of controversy, which we will recap today along with my co-host, Stephen Janis and Jayne Miller, we’ll talk about the person who occupied this position here for roughly two decades. We’ll examine why how he ruled on cases is under intense scrutiny now. We will also explore some of his odd practices in the past that may have foreshadowed the future concerns that are now front and center, all that coming up on Land of the Unsolved. So Jayne, let’s start with you. What is a medical examiner and what role do they play in death? Investigations?
Jayne Miller: Well, they’re a critical element of a death investigation. A medical examiner performs an autopsy, and an autopsy is used to determine both cause of death and manner of death. So when you have a suspicious or questionable death, it’s up to the autopsy determine what were the factors that contributed to the death of an individual, and then was it suicide? Was it an accident? Was it homicide? And oftentimes, we see a finding of undetermined, which means there’s not enough information that the medical examiner could see or find to lead to a specific conclusion. But there is no question that an autopsy will guide an investigation. It will be the force as to whether it is a homicide investigation or if it is kind of close the book because the finding is suicide.
Taya Graham: So Jayne, I’m glad you brought up the manner of death. Because Stephen, I want to know, is there a difference between the cause of death versus the manner of death? And why is that so important?
Stephen Janis: Well, yes, there is. For example, just a good example. The medical examiner can cite something as a cause of death being a gunshot, but is that gunshot a suicide, self-inflicted, or is it a homicide? And so critical to these cases is the manner, because the manner, as Jayne said, will determine. So there are five manners of death, as Jayne said, undetermined, suicide, accident, natural and homicide. If a medical examiner, as Jayne points out, decides to rule something undetermined, for example, where they say, “Hey, we can’t determine what happened.” It pretty much can kill a case for a homicide detective or anyone investigating it, and there are many cases that we’ll get to that have had that sort of problem. But it gives the medical examiner the manner of death, gives him medical examiner tremendous power because that ruling, that final determination can really make, in the case of a lot of police involved, killings, make it impossible for prosecutors to move forward, so those five manners of death are critically important and that’s really where the rubber meets the road with the medical examiner.
Taya Graham: So Stephen, despite the fact that the Office of the Medical Examiner is normally not highlighted in our political conversations, our former medical examiner here in Maryland has been in the spotlight. Can you talk about why and who it was?
Stephen Janis: So his name is Dr. David Fowler, and he, I think, became Medical Examiner of Maryland. Now just a brief overview. There are two types of coroner medical examiner people that perform autopsies. One is elected, which is a coroner, which doesn’t really have to be a doctor. And then, in our state of Maryland has a medical examiner system, which is a person who’s appointed to supervise all autopsies for cases that require autopsies. So Dr. David Fowler was the head of that here for about 17 or 18 years in Maryland, and he really was worked behind the scenes. I don’t think he really… I mean, Jayne, would you say he became controversial in a broad sense, I think, it was more just for people like us who would push back on him.
Jayne Miller: Yeah, exactly. Reporters had more dealings with that office than the average person. But certainly, his testimony that would come in the George Floyd case is really what put him on the map in terms of his rulings.
Taya Graham: So Jayne, why don’t you tell me about some of the cases where Dr. Fowler’s rulings were found suspect, a great deal of those involved police in custody deaths?
Jayne Miller: There are questions about some of the rulings in Maryland. There’s a particular finding of, what’s called excited delirium. I did some stories related to this particular finding and the controversy around that finding and those cases in particular, which involve individuals who died in police custody, and these are not cases that involve a gunshot or something like that. Generally, we’re talking about people who died as a result of or during restraint. I’ll tell you about a case in particular that I actually uncovered in just a couple of years, like a year ago was a case that actually occurred in 2001 of an individual who was restrained by five or six police officers who essentially sat on him and according to their own reports, and he died. The ruling from the medical examiner’s office in Maryland was that it was a cocaine induced excited delirium, oftentimes excited delirium has that attachment of some kind of drug use at the same time, and the manner of death was left undetermined. So in that case, that means the case just kind of sits there.
I went back to that case in 2021 to really take a look at it and had Dr. Zerweck, who’s a pretty well known pathologist, take a look at it. Based on the autopsy, he said, this is positional asphyxia, and that is oftentimes, in these cases that are controversial with medical examiner rulings, what is overlooked? Is that a good way to put it or not written down or not found? Well that, and that I think becomes the question and why we are at this situation, at this juncture in Maryland where we have rulings from the medical examiner’s office during the tenure of David Fowler that are now under question.
Taya Graham: So I really appreciate that you mentioned excited delirium. Stephen, can you talk a little bit about what excited delirium is? I think it’s known as a state of mental and physical agitation where supposedly, a person is insensitive to cold, to pain or to even instruction. Can you describe what excited delirium is and what the science is behind this?
Stephen Janis: First of all, not to jump to the conclusion, but there is really no science. But to explain that. Let me paint a little picture about how my encounters with excited delirium.
During the OTS, there were a lot of taser related deaths for people who don’t know what tasers are, they’re sort of stunt guns, I guess, would be the best description, where they put a tremendous amount of voltage through your nervous system and kind of shut it down. During that time, I would head down to the medical examiner’s office. At that point, around University of Baltimore, it was kind of this black sort of building with blacked out where it was kind of eerie, actually. But the weird thing about it was that Dr. Fowler was kind of accessible. I don’t know, Jayne, if you ever had experience, but I could just walk in and knock on the door and I would get into, let’s call them debates, but with arguments with Dr. Fowler. Now, one thing people should know about him is he’s an interesting guy because he’s kind of got this Afrikaner accent. He’s from South Africa.
So he would come out and kind of give you these lofty statements, and I found it confusing. So one of my first debates with him was about this idea of excited delirium because he was ruling in these taser cases, the underlying cause. As we said before, the cause was cardiac arrhythmia. But then he would say, “But that’s only secondary to excited delirium.” And the point to me was that, I think, and Jayne, you can talk about this if you want, but I think the point was to kind of say that it wasn’t the taser that was responsible, and that’s why I got into fights with him about cardiac arrhythmia. So one day, I come in and I’m arguing with him about it and he says, “Here, Stephen. Here’s a book, and it was a book called Excited Delirium.”
I’m like, “Okay, I’m going to read this book because this will be interesting. This will give me all I need to know about excited delirium.” I open it up, and it says, “The basic science was rooted in this condition that would happen to people in the 19th century at sanatoriums, where they would inexplicably become excited over a period of several weeks and then eventually die.” And that was in the book that he gave me, and I came back to Dr. Fowler and I said, this can’t be true. You can’t be using this as your basis. And he just refused to back down. And he especially refused back down.
Now, later, when I looked into the whole taser issue, what was very interesting was that I talked to American Association of Medical Examiners, and he told me the taser would sue medical examiners who ruled that the primary cause of death was a taser and so there was fear in the community. So that kind of showed you that people in Fowler’s position are being buffeted by a lot of different forces that we don’t see. So that was my experience with Excited Delirium. Is there any signs? I don’t think so. From my research and what I’ve read about it’s totally BS. It has nothing to do with anything. But it has become a very convenient way to put a buffer between things like tasers or police behavior and the actual cause of death, in my opinion.
Jayne Miller: I can add a little bit to that, but based on a statement I used from the National Library of Medicine when I did this story in 2021, on the death of an individual, “Excited or agitated delirium is characterized by agitation, aggression, acute distress, and sudden death. But it is not a currently recognized medical or psychiatric diagnosis.” And this gets to this debate about, as Stephen has said, its use in really important cases, obviously involving police custody deaths. Now, in Maryland, there were, at the time, as of last year, there were about two dozen cases that had been ruled excited delirium involving police and custody deaths.
Taya Graham: So I just wanted to add something here to emphasize how subjective the diagnosis of excited delirium really is. This isn’t a problem just in the state of Maryland, in Colorado, since 2018 to about mid 2020, medics in Colorado dosed 902 people with ketamine for suffering from excited delirium. And later, investigation showed that these EMTs were administering ketamine at the behest of police who were trying to control a suspect. So this case was highlighted by the death of Elijah McClain in Colorado in 2019. So excited delirium is very often cited in cases where police officers are forcibly restraining someone, and it’s not just a problem in Maryland. It’s also a problem throughout the United States, this diagnosis.
Stephen Janis: It’s amazing to think about how something, as Jayne pointed out, is not a scientific diagnosis or even psychiatric diagnoses, ends up in tons and dozens of autopsies as a primary cause of death. It’s not just there to add a little flavor, it’s the primary cause of death in many cases.
Jayne Miller: And like I said, the thing that an autopsy does is it really guides an investigation. It steers it, probably a better term, it steers it. We can look at these cases that… The reason we’re talking about this is because these cases are now under review is to what really went on in them, what else does the evidence show, and how did that finding come to be? And there were used not just on this particular finding, this is just one of the findings that has raised questions under the tenure of David Fowler.
Taya Graham: Okay, so let’s recap. We have a controversial but very influential medical examiner, a person who thrusts themselves into the spotlight by testifying at the George Floyd trial, and now someone who is facing even more scrutiny from a panel, which is reviewing critical cases. But of course, this is the Land of the Unsolved. And there is another reason we want to talk about Dr. Fowler and the Medical Examiner’s Office, specifically some of the history Stephen, you, and Jayne had with Dr. Fowler long before it hit the spotlight. So Stephen, let me start with you. Can you talk about some of your encounters with Dr. Fowler and why you had, let’s say, some run-ins with him over time?
Stephen Janis: Working as a reporter, I think Jayne can attest to this. Well, actually, I’ve seen this in Jayne more than me and I’ve never seen it so intense in a person, but when you see something anomalous, you start to question it. You know you ask questions, you’re like, why is this? So Maryland, and specifically, Baltimore has a high homicide rate, but also we had these huge number of deaths that were put in that classification that Jayne just talked about, undetermined. I just kind of found it troubling.
When I checked other cities, we had a higher proportion of undetermined death than any other city of the similar size, like in Pittsburgh, and it’s a category, as Jayne said, we’re the medical examiner kind of throws up their hands and says, “We just don’t know.” And then when I probe deeper into it, there were a lot of cases. Some were gunshots, some were strangulations. It was all sorts of stuff that really raised questions, and here’s this big haystack of cases where there’s no determination by the medical examiner. So basically these cases are in sort of a limbo, which is not a good thing, and when that came really to focus for me was when a young woman named Tyra McClary was found with her legs tied in underneath some trash and some leaves.
Taya Graham: She was underneath trash and leaves found in an alley, partially disrobed with a trash bag tied around her ankles. This was a case that Dr. Fowler ruled was undetermined, as well as there was some evidence of possible strangulation.
Stephen Janis: That’s what really caught my attention, because in the autopsy, the medical examiner working for Dr. Fowler, who’d written, “Well, we can’t rule it out because there was a hemorrhage of the thyroid gland, there was a hemorrhage of one other gland…” Parietal, right. So they said, “You can’t rule out asphyxiation.” And I just thought to myself, how many cases are there like this? So I started probing into it, but of course, I ran into a lot of resistance because the Medical Examiner’s Office wouldn’t share with me, for example, the location of autopsies. So I couldn’t really track deaths. It was very hard to get an autopsy. I had to pay for it. My employer didn’t want to pay for a lot of autopsies. It was funny because at the time, I didn’t know Jayne, but the only other reporter who had reported on undetermined deaths that I could find in Baltimore was Jayne.
So he would come out with his Afrikaner accent and he would say, “These are mostly just drug addicts. It would be intellectually dishonest to say I knew exactly what happened because I don’t know how the drugs got into a person’s system.” Someone could have given them what’s known as a hotshot. So I’m not going to rule, I’m going to leave it open, even though the tradition was, throughout the country, was to actually say, “Hey, these are accidents because no one wants to die from doing drugs, and we’ll figure it out.”
Taya Graham: It seems like there was an unusually high number of undetermined deaths being found in Dr. Fowler’s office. Is it unusual to have so many, and what would be the motive behind finding these deaths as undetermined?
Stephen Janis: Yeah, I did a comparison with other cities across the country and it, Maryland and particularly Baltimore was huge. Baltimore would have 300 to 400 undetermined deaths a year during the year as reporting. So I developed a little bit of a theory, which I feel I can discuss here, which was that, the homicide rate in Baltimore is highly political, as Jayne can attest to many politicians, including the mayor then, Martin O’Malley, had based their reputation on reducing the homicide rate.
To me, looking at the case of Tyra McClary, in other cases, it was like Fowler had created this haystack into which to throw a couple needles. If you could shave a couple homicides off here and there, it was worth creating this big gray area of undetermined land, in which certain cases that were on the borderline could be shoved into undetermined. One famous one that both Jayne and I worked on was Ray Rivera, who was the subject of a Netflix series, the Unsolved Mysteries Season one. A man who supposedly jumped off the building at the Belvedere. But again, Fowler ruled it undetermined, leading to a lot of speculation.
Jayne Miller: And it sits there.
Stephen Janis: It sits there. And you know, Jayne, and you can talk about this, it not only sits there, but because it’s undetermined, it’s kind of open.
Jayne Miller: Undetermined open, right. You mean, the public information request is going to get denied. So yeah, there’s no ability to really go after the paper trail in the case, et cetera. That’s what it does. It just puts the case in limbo.
Stephen Janis: One thing people don’t understand behind the scenes in the Baltimore homicide unit, they’re working very hard to massage the stats, and these become, it’s not questionable, it’s pending. So any undetermined case where they found a body and their explanation goes into a pending file. If Fowler rules it undetermined, it stays in the pending file. Unless he rules it a homicide, it stays there and it doesn’t get added into the stats, even if they find a bullet written body, which I’m not saying has happened, but it creates a nice little buffer, I think.
Jayne Miller: Well, and these… We can get back to the issue that at hand here, which are specifically the police in custody deaths. When you rule them undetermined, the case that I covered just a year ago, et cetera, they just kind of go away. Nothing happens.
Taya Graham: I wanted to ask, because you’re mentioning the undetermined deaths, and I just have to go back to the Derek Chauvin trial for the death of George Floyd. Because Dr. Fowler asserted that George Floyd deaths should be ruled undetermined rather than a homicide and that prompted 431 doctors across the country to sign a letter questioning Fowler’s credibility and disputing his analysis. So fortunately, there’s going to be an audit to review at least a hundred of his autopsies. But Stephen, you were there with me as we watch Dr. Fowler speak to the nation and testify in this trial. Why don’t you share what we were both shocked by?
Stephen Janis: Well, it was a surreal moment because, for my whole life, I had been writing about the problems in the Medical Examiner’s Office and had gotten a lot of heat for it, to be honest with you, and kind of like you’re a crazy reporter. We had gone through the situation with Anton Black, the medical examiner’s office spokesperson tried to get us fired from a free gig because he didn’t like our reporting.
Taya Graham: It’s true. They called up our editors and tried to get us fired.
Stephen Janis: A friend of mine at the ACU said, “You know, Fowler’s testifying in the Chauvin case.” And I’m like the George Floyd case? I’m like, no, that can’t be true. I don’t believe it. But I never thought that he would go on national television in a case like this, and literally, to me, tell on himself in terms of…
Taya Graham: He’s the star witness for the defense.
Stephen Janis: I know.
Taya Graham: Now show his defense.
Stephen Janis: Come on. When you saw that, you must have been like, oh my God.
Taya Graham: Sure. Right. But I’m saying he was the star witness.
Stephen Janis: I know. As I was sitting there and he starts leading towards this undetermined conclusion, my jaw just dropped 10 floors.
Taya Graham: And part of that undetermined conclusion, if I remember correctly, was he was saying that it wasn’t the knee to the neck and the two other officers kneeling on George Floyd that contributed to his death, but it was actually the exhaust coming from the police car along with an underlying heart condition that perhaps caused the death. But because he could not say for sure, it had to be ruled undetermined. Jayne, what was your reaction?
Jayne Miller:
Well, first of all, everybody who was seeing the testimony of Fowler in the Chauvin trial, and to hear his explanation was like, “What?” And then this comes during defense testimony. So there’s already been extensive testimony on the State’s direct case from the coroner who did the autopsy, et cetera, and his cause of death and all of those factors. I can tell you that from the minute that the video of George Floyd being restrained on the pavement by those police officers became public, a very good police buddy of mine called me and said, “That is positional asphyxia. You never put somebody on their stomach like that.” And for a veteran forensic examiner coroner to testify under oath about his interpretation in the Chauvin case, I don’t think we should be surprised at what happened is that hundreds of medical examiners wrote a letter saying his work needs to be reviewed.
Stephen Janis: But I think the question is, Jayne, why? You and I reported about it, but he never really, even with cases that were controversial, for example, a young man named Tyrone West who died in police custody in 2013 and had become… Tawanda Jones had protesting for years. But there had been controversial cases, but Fowler never really rose to become a topic politically related.
Taya Graham: No, and not even in a reporting topic. There are only a few of us that were reporting on…
Stephen Janis: Absolutely.
Taya Graham: Cases that involved some of these rulings. Hey, look, he ruled in the Freddie Gray case. That was a homicide.
Stephen Janis: But he never really rose to the…
Jayne Miller: He did not testify in that case, but it was his office that ruled it a homicide.
Stephen Janis: But it never seemed like… It seemed like pretty much… What’s interesting about that position while we’re talking about today and talking about Fowler in particular, is that it’s an office that didn’t really come under scrutiny, no matter how controversial the rulings were, and particularly, we were talking about the Anton Black case, who was a young 19-year-old African-American male on the eastern shore, who was accosted by police, ran home, and then they laid on top of him during arrest, and again, Fowler was…
Taya Graham: And also, I’m sorry to interrupt, but I believe they also put him in a chokehold as well.
Stephen Janis: Yes.
Taya Graham: While laying on top of him.
Stephen Janis: So it looked like a classic case of situation, but when Fowler ruled it an accident and all the media picked it up uncritically and said, this is an accident. I think the reason we’re talking about this is because it really took a national spotlight to have anybody question Fowler, which is where we are today, which is, we have a hundred cases basically at this point, roughly a hundred cases changed.
Jayne Miller: Right, and we don’t know what they are.
Stephen Janis: After this letter was written, the state came up with a list, actually, the medical examiner’s office of 1300 cases in police involved deaths, and that was sent to this panel. And now they’ve whittled it down to about a hundred cases, all of which include, or at least some include excited delirium, correct?
Jayne Miller: One would assume.
Stephen Janis: One would assume.
Jayne Miller: That would be exactly right. One would assume.
Stephen Janis: As Jayne points out, we don’t know which specific cases they have not released the lists. But yes, that would be it. But just to say, I think what’s extraordinary to me as a reporter is that Fowler didn’t receive any real attention until he went on national television.
Jayne Miller: And testified in that case. That is correct, and that now is causing this reflection on the work that he did over two decades. It’s an interesting kind of where we are. So now we have a hundred cases that are going to get extra scrutiny, then what? Are we going to reverse rulings? What are we going to do? I may have a whole bevy of investigations that have to start, because I can tell you the case that I did worked on. Nothing’s happened on the case.`
Taya Graham: Well, Jayne, like you said, we don’t know what’s going to happen and in the case of Anton Black’s family, they filed a lawsuit against several of the police officers and Eastern shore municipalities, and that was settled for 5 million. But what stands out to me is that a portion of the lawsuit alleges misconduct and conspiracy in the Office of the Medical Examiner. They mentioned that 57 autopsies of the people who died in police custody. In this lawsuit, it says, “They determined the death was not a homicide in 88% of the cases, despite the person having either been tasered, pepper sprayed, struck with a baton or placed in prone restraint.” So the allegations of misconduct and conspiracy to commit misconduct is incredibly troubling.
Jayne Miller: Well, the medical examiners in this country and the pathologists in the country who have been so critical of these kinds of rulings. That’s their concern is that it has cover up as a… That’s a very harsh term, but that’s exactly what they allege, is that they’re using some of these rulings that then divert from the attention on the police officer and the action of the police officer, and they stop our thorough investigation in its tracks, and that’s what I’m saying. We now have a hundred cases with the potential to cause full fledged investigations, some of them five, 10, 12 years old.
Stephen Janis: I mean, if you Google Anton Black cause of Death, you’ll see hundreds, dozens of headlines that it was an accident and that really changes the whole tenor of the case. I mean, people just accept it uncritically that it’s a medical examiner who ruled this, so it becomes part of the fabric of the narrative. Also, as James pointed out, just because it’s ruled a homicide, doesn’t necessarily mean it’s a crime, right?
Jayne Miller: That’s correct. It can be…
Stephen Janis: Homicide’s just death at the hands of another.
Jayne Miller: Could be justified. That’s correct, and we certainly have had those, obviously. Police officers shoot someone fatally, it’s a homicide. But it’s a justified homicide and I mean, that’s generally the ruling, right?
Stephen Janis: Yes. What’s troubling about that is that these cases, if it was ruled in accident, in Anton’s case, the investigation, if it’s a homicide, at least maybe we had hoped they would do more due diligence of investigating the case if they’re dealing with a homicide, because they have to justify it. Whereas if it’s an accident, or as Jayne has pointed out, the police don’t have to justify their actions in this case. So I don’t think coverup is too harsh a term, but I’m willing to use it. That’s what it seemed to me, that Fowler took his playbook at George Floyd and exposed it to the world and said, here’s how I do this. This is what I do, and it goes back to my early theory. I just saw enough doubt so that we can squeak through on these things.
Jayne Miller: It excuses behavior, that conduct. That’s what happens.
Taya Graham: I just want to emphasize, this issue of excited delirium is not localized just to Baltimore, Maryland, cases of excited delirium, Natasha McKenna died in Virginia in police custody. Daniel Prude died in Rochester in police custody. Elijah McClain died in Colorado in police custody and these were all cases, allegedly, of excited delirium. So this particular pseudoscience is being used to cover up police instances where force was used, and they don’t want to rule it a homicide.
Stephen Janis: I think we have to think about this for a second because, and this is a Land of the Unsolved, and our main primary focus is unsolved murders, because that is a real horrible stain and source of pain and trauma for a community when a case is not closed. But you should think about that you’re talking about bogus science that ends up being determinative in many cases of people who have died primarily through homicide at the hands of another.
How that gets into the system, just like when we talked about ketamine, how ketamine was being used extensively in Colorado, but with no real medical basis. How do you have a system that incorporates junk science as a way to justify a ruling on a death in police custody? Which in some sense is a much more serious case because it’s the government that killed the person, not some crazy criminal. So think about how a system incorporates that, and almost uncritically is able to use it, except for people like, Jayne, who report on it. But really, you were on your own on that too, and how does that happen? That gives you some sense of what kind of system we’re dealing with and some of the problems in terms of reform.
Taya Graham: So I want to thank my guests, Jayne Miller and Stephen Janis. My name is Taya Graham, and thank you for joining me for this episode of The Land of the Unsolved.
Jan. 11, 2023 marks the tenth anniversary of the death of Aaron Swartz. Swartz had a prolific career as a computer programmer: At the age of 12 he created The Info Network, a user-generated encyclopedia widely credited as a precursor to Wikipedia. Swartz’s later work would transform the internet as we know it. He helped co-found Reddit, developed the RSS web feed format, and helped lay the technical foundations of Creative Commons, “a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools.” In 2011, Swartz was arrested and indicted on federal charges after downloading a large number of academic articles from the website JSTOR through the MIT network. A year later, prosecutors added an additional nine felony counts against Swartz, ultimately threatening him with a million dollars in fines and up to 35 years in prison. Swartz was found dead in his Brooklyn apartment from suicide on Jan. 11, 2013. TRNN Editor-in-Chief Maximillian Alvarez speaks with the co-hosts of the Srsly Wrong podcast, Shawn Vuillez and Aaaron Moritz, about the life and legacy of Aaron Swartz.
Pre-Production: James Daley Post-Production: Jules Taylor
TRANSCRIPT
The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.
Maximillian Alvarez: Welcome everyone to the Real News Network podcast. My name is Maximilian Alvarez, I’m the editor in chief here at The Real News, and it’s so great to have you all with us. The Real News is an independent, viewer supported, nonprofit media network. We don’t do ads and we don’t take corporate cash, which is why we need each one of you to support our work so we can keep covering the voices and issues you care about most. So please take a moment and click on the link in the show notes or head on over to therealnews.com/support and become a monthly sustainer of our work, and a huge shout out to all of our members who already contribute. January 11th, 2023 marks the 10 year anniversary of the death of Aaron Swartz. Swartz was a prolific computer programmer, an activist, a prodigy. By the time he was just 12 years old, Swartz created The Info Network, a user generated encyclopedia that is widely credited as a precursor to Wikipedia.
When he was in his teens, he was involved in the founding of the website Reddit. He helped develop the RSS web feed format, and the technical architecture for Creative Commons, a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Throughout his life, Swartz remained a fierce opponent to the enclosure of knowledge for the sake of profit and control. He was a generation defining advocate for the democratization of information and access to that information, and for the not yet fulfilled promise of the digital age to bring humanity closer than we’ve ever been to realizing that goal. And like so many other whistleblowers and advocates fighting for the public to know what the public has an inalienable right to know, from Chelsea Manning, Daniel Hale, and Reality Winner, to Edward Snowden and Julian Assange, Aaron Swartz was persecuted by our government and vilified by many in the media, all for the crime of downloading too many academic journal articles from the website JSTOR, including many that were in the public domain, from a building on the campus of the Massachusetts Institute of Technology.
Refusing to accept a guilty plea bargain, Aaron faced trumped up charges by an Obama led Department of Justice looking to make an example out of him. In July of 2011 he was indicted by a federal grand jury on charges of wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. Then in September the following year, federal prosecutors filed a superseding indictment adding nine additional felony counts, increasing his potential prison time if convicted. And then on January 11th, 2013, Aaron was found dead in his Brooklyn apartment after taking his own life. As the great writer, activist, and friend of Swartz, Corey Doctorow wrote in a blog post the day after Swartz’s death, “Aaron snuck into MIT and planted a laptop in a utility closet, used it to download a lot of journal articles, many in the public domain, and then snuck in and retrieved it. This sort of thing is pretty par for the course around MIT, and though Aaron wasn’t an MIT student, he was a fixture in the Cambridge hacker scene, and associated with Harvard and generally part of the gang.”
“And Aaron hadn’t done anything with the articles yet, so it seemed likely that it would all just fizzle out. Instead, they threw the book at him. Even though MIT and JSTOR, the journal publisher, backed down, the prosecution kept on. I heard lots of theories. The feds who tried unsuccessfully to nail Swartz for the PACER RECAP stunt had a serious hate-on for him. The feds were chasing down all the Cambridge hackers who had any connection to Chelsea Manning in the hopes of turning one of them, and other less credible theories. Aaron had an unbeatable combination of political insight, technical skill, and intelligence about people and issues. I think he could have revolutionized American and worldwide politics. His legacy may still yet do so.” Now I never had the chance to know Aaron personally, but as someone who works in digital media, I’m reminded every single day about the debt that we all owe to Aaron. About how much worse things would be if we weren’t fortunate enough to have him with us for 26 years, however short they were. And I’m reminded of the duty we all have to carry on his fight.
To commemorate the anniversary of Swartz’s death I recorded a special conversation for the Real News Podcast with Shawn Vulliez and Aaron Moritz, the brilliant hosts of the Srsly Wrong podcast, and co-creators of the animated series Papa & Boy on Means TV. Frankly, we didn’t know if it would be right or appropriate to have Aaron, Shawn, and I try to recount Aaron Swartz’s life and to go through beat by beat the federal government’s persecution of Swartz. And if you are looking for that kind of breakdown, I would highly encourage you to check out the documentary which is titled The Internet’s Own Boy, which in characteristic Swartzian fashion, is freely available to watch online.
In this conversation, though, Aaron, Shawn, and I reflect on Swartz’s impact on our own lives and on the world we live in today, and we examine the Gorilla Open Access Manifesto, which was written in 2008, and bears Swartz’s name on the byline. And we hope that this conversation will at least be a worthwhile tribute to Aaron Swartz and the movement that he helped grow. So as always, I want to thank all of you for listening, and thank you for caring. And without further ado, here’s my conversation with Aaron and Shawn from the Srsly Wrong Podcast.
Shawn Vulliez: Hey, I’m Shawn Vulliez, one of the hosts of Srsly Wrong,
Aaron Moritz: And I’m Aaron Moritz. And yeah, thanks for having us on the show, Max.
Maximillian Alvarez: Well, it is really, really great to have you guys on The Real News Network. I’ve been a big, big fan of your work for a number of years. And to anyone listening, if you don’t already listen to the Seriously Wrong podcast, then frankly I envy you because you have a real feast before you. Seasons and seasons worth of incredible podcasting that Aaron and Shawn have done. And I’ve been fortunate enough to be a guest on their show a couple of times, and I think it was through listening to you guys that a lot of the stuff that we’re going to be talking about today, your show more than most others I can think of, has really gotten those juices flowing and percolating in my head over the years. And I know that it’s not only a intimate aim of your work that syncs up with everything that Aaron Swartz stood for, everything that the Gorilla Open Access Manifesto is about, but that you yourselves also have your own sorts of histories with this movement, as it were, this open access, open information movement.
I wanted to just maybe start there before we dig into the manifesto itself and ask if we could go around the table and just… I suppose to honor Aaron on the 10 year anniversary of his tragic death, if we could just say a little bit about how our lives and political and intellectual paths have intersected with Aaron’s and the movement that he was a part of, and just use that as an occasion to help set the table for listeners who may not have known a whole lot about Aaron until now and what he stood for.
Aaron Moritz: Yeah, I feel like the open access movement and the online activism of the late 2000 early 2010 area was one of the things that really got me interested in politics in the first place. Partially just being a teenager and pirating things that I couldn’t afford and feeling like it was wrong for information not to be able to be free, even in the sense of art I was trying to consume as a kid without a lot of money. But then the side of it coming from Wikipedia and access to information and knowledge and the connections to access to information online, to information freedom and the ability of people to think for themselves and learn for themselves without gatekeepers in the way of it was really always inspiring to me.
And reading back about Aaron’s story during the run up to this, it really struck me how many different things I use all the time he contributed to, like Creative Commons music we use on the show all the time. We also pay for licenses to music, but Creative Commons stuff, especially early on, was something we used a lot. And also anyone who listens to any podcasts is using RSS all the time. When you submit your podcast to iTunes or Spotify or whatever, it’s input your RSS feed, and each episode comes out through RSS. So I feel like so much of what we do every day, especially us hosting a podcast, is related to Aaron and his work, and the values expressed in the manifesto are like… Always been very dear to me.
Shawn Vulliez: When I first got involved in politics, when I ascended from being a teenager who didn’t care about politics and thought that politics was a realm of assholes in suits, that was sort of an intractable place of the assholes in suits playing games together in ways that were meaningful to them, but meaningless to me, when I had the kind of transition to becoming a teenager who read Noam Chomsky and started being like, “Oh, holy shit, the news is lying to me,” one of the things that was a paradigm shift for me where I became interested in radical politics was the thought of a paradigm shift around the way we conceive of the internet, rooted in that same kind of stuff around just the abundance of experiencing web piracy as I grew up as someone without any money to spend, and just feeling like it was this incredible… There was a paradigm shift, there was a twist on what was going on.
We were told that copying is stealing, that listening to music is illegal unless you pay for it. But then at the same time, everyone was doing it and it was completely around you all the time. People giving each other burned CDs and stuff like that. And there was this discontinuity there that the information liberation movement, the open access movement, it flicked a switch in my head of holy shit, the internet could be a library. The internet already is a library, except it’s just illegal to contribute to, it’s illegal to take out books from it. Swartz makes this argument really well in an essay he wrote when he was, I think, 17 in 2004, of just making the basic point that copying isn’t theft. When you steal something, there’s one less thing where you stole it from. But copying is distinct because just because you’re listening to music doesn’t mean someone else can’t listen to it. And it’s absurd to talk about lost potential sales as a legally enforceable thing.
And he gives this great example in one of the interviews he gave of… If we’re going to be criminally liable for any sort of lost potential sale, then the list would never end of things that stop sales from happening, and that could include brick and mortar libraries, it could include used bookstores, but it could also just include a friend of yours coming over and you spend the afternoon talking to them and going to see a movie, and it’s like, “Do you owe James Cameron now? He lost a potential ticket sale because you got really in enraptured in a conversation with your friend.” So when I look at the trajectory of Aaron Swartz, and there’s all of these ideas that he talks about at different times, and they resonate with me at different times in my political development, but really my key starting point was the piracy question, the information question, the exact things that he’s most famous for is how I became interested in serious politics for the first time.
And another sense of kinship I feel with him is that he was… As a prodigy and internet kid, he’s going online at 14, interacting with adults in spaces where he got to be treated seriously as an adult and that was part of his development, part of his story, and that resonates so deeply with me, with my experience of being a kid on the internet and the space that the internet gave me to step into the shoes of adulthood, to take the world seriously and be taken seriously. I’ve got a really deep affinity for Aaron Swartz, and knowing his story, there’s so many connections that it’s too many to list.
Maximillian Alvarez: And I mentioned that listening to your guys’ show over the years was one of the ways that… I guess one of those vectors through which I kind of connected late to Aaron Swartz and the open access movement, and I think it caught my ear when, God, I think, yeah, it must have been in Michigan still listening to the show, and I heard Shawn talk about his time in the Pirate Party in Canada. And I wondered, Shawn, if you could just say a little bit about that for folks listening who may not be familiar with it.
Shawn Vulliez: So the Pirate Party is a political party movement. There’s pirate parties in a number of countries around the world, some that they’ve been elected in include Germany, Iceland, in the European Union, started in Sweden, I think, in 2006. And when I became interested in information liberation politics and the piracy question, it turned out that the Pirate Party of Canada had just recently registered to run candidates for election in Canada. And I got involved as one of my early political organizing experiences. And because of, I don’t know… There’s a little bit of a… When you’re talking about stuff you did when you’re a kid, it’s hard to… When you’re talking about stuff that you did when you were a young person, the boundaries between what you’re proud of and what you’re a little embarrassed of kind of blur a bit, but I was elected leader of the Pirate Party when I was 21. I was the youngest party leader in Canada.
I wish I could go back in time and tell myself the things that I know now that could have helped me be a much more effective advocate, but our whole thing was drawing attention to the issue of piracy, access to information, open information in government, giving people access to information that affects their lives, information that affects the way they conceive of government. And that was something I was involved on and off with for a handful of years, maybe four or five. And yeah, definitely really formative political experiences there, and I learned a lot doing that. I think I knew who Aaron Swartz was. I wasn’t super keeping up to date with him. I didn’t know him super well at that time, but the whole sphere, the whole milieu of ideas is so clearly influenced by him, and he’s so clearly influenced by information liberation spaces.
That experience is part of why I feel such a deep affinity for Aaron Swartz, because he also kind of walked this line between… There’s both the anarchistic side to his politics, like the Gorilla Open Access, the smash and grab, anarchistic, let the scientific papers free to the world, open the doors, WikiLeaks kind of stuff. But then there’s also… He had a very pragmatic, political, he was involved in the formation of progressive super PACs, and he talked about the importance of making tiny tweaks to laws, tiny amendments that could make big impacts. And he had both those kind of sides with him. And that really connects with the way that I think of the Pirate Party, is both having these very radical, reframing, outlandish things, but then also pragmatic step-by-step scientific tactics to achieve that end at the same time. But yeah, I think the Pirate Party’s still elected in Iceland with a handful of people, and they’re kicking ass as far as I know.
Maximillian Alvarez: Pirate Party going strong. It was so fascinating to kind of hear more about that because I feel like I missed the boat, at least in terms of being part of that movement, being really, I think, aware of and invested in that movement beyond a surface level. I guess folks who listen to the Real News know my story. I grew up quite conservative in Southern California. There weren’t too many occasions for me to, I suppose, just bump into, I don’t know, folks who were members of the Pirate Party and folks who were, I guess, like y’all really developing a political consciousness as part of your engagement with this movement, or at least with the people and ideas that were involved in it. I feel like I’ve learned a lot about that after the fact, and I feel this nostalgia for a time that I didn’t even get to experience as a member of that movement, or as someone who was thinking really critically about these things when Aaron was still alive. And I regret that.
But in another sense, I think there’s something heartening to the fact that there’s still so many ways that I can see my own interaction with the very things that Aaron was interacting with and prompted a lot of the same thoughts and questions that they prompted in him. I think about the fact that, first of all, I didn’t actually know that Aaron Swartz and I were born in the same year, 1986, and it got me thinking about… There was a kind of viral tweet that went around recently because the famous American broadcaster Barbara Walters just passed away on December 30th. And the person this tweet rightly pointed out that in actual fact, Martin Luther King Jr., Anne Frank, and Barbara Walters were all born in the same year, 1929. But we just have such a hard time grasping those timelines together because Anne Frank and MLK just feel so far in the past, and for that reason, they feel more locked in time, they feel older, but in fact, if they lived in different circumstances, they would’ve been alive as long as Barbara Walters had.
So I’ve been thinking about those parallel timelines of Aaron and I being born in the same year, being in that very particular space that I guess the three of us are all into some degree, of being in that millennial generation that spent a crucial formative decade of our youth in the analog world, and then we’re the first real generation to be sucked into the transition to the digital world. And I think that there’s something peculiar, there is something that makes our generation unique in that sense, and it’s written into the experiences that are common among us. And this is what I meant when I said that even though I wasn’t thinking the same way way that Aaron Swartz was, like you guys mentioned, I still remember my folks coming home with those bulk packs of burnable disks, because the idea that you could download and mix your own CDs, not as arduous as making a mix tape à la High Fidelity and all that stuff.
There was something just so catalytic from that. Everyone was doing it. Everyone was excited by it. It really introduced people to a lot of different kinds of music and ways of remixing that music, so on and so forth. And then at the same time I think we all ran up against the same sort of begrudging frustrations as the backlash inevitably came and the tightening of copyright, the pursuit of piracy online, just the receding of that open access back into what felt like a familiar form, what felt like the digital version of going into a Tower Records, and once again, being feeling like, “Well, I have enough money for one of these albums,” or if that. So just I would say that that was a thought that has been really rattling around in my brain while I’ve been preparing for this conversation. But the other thing I’ll say, and then I’ll shut up is, I think that one of the aspects of Aaron Swartz’s life and work and the movement that he was a part of that really started to sink in for me over the past decade is the way that our sense of self and our sense of individual agency is conditioned by the digital environment in ways that many of us don’t ever see. And that was one of Aaron’s big things, right? It’s like once you learn to see the sort of structures and rules and institutions and code, all these things that condition us to believe that reality is meant to look a certain way and that it is permanently supposed to look that way, naturally supposed to look that way, once you see the cracks in that ideological artifice, there’s really no going back.
And I think that the epiphany that I had when I first left the United States to study abroad, overseas, it was like my first time ever being across the Atlantic. I was very nervous. I was very scared. We did not have the money to be taking trips to Europe when I was a kid. So it was a very new experience to me. And I remember just wanting to walk around everywhere that I was, whether it was Paris or Bristol, England and stuff like that. And I did. And it was great to walk around and explore these places that I’d never been before. And then I realized that I started to walk the same streets while I was there. I started to beat a path as it were, and then I would keep taking that path.
That was the sort of metaphor for how we navigate the digital realm that I think Aaron was really trying to get us to understand is that there’s so much about the digital era and the technologies that we all take for granted now, whether they be our smartphones, our smart TVs, our computers, our web browsers, our social media apps, so on and so forth. It really does give you the sort of feeling, the illusion of individual agency, like the internet is open for you to navigate and find yourself in whatever corridors you choose to go down, the infinity of all human knowledge is at your fingertips, so on and so forth. And yet we all go to the same five websites. We walk a similar beaten path and there are algorithms and a myriad, other digital functions and forms of conditioning that sort of set us in these paths that make us still believe that we’re free, but act as if we are not.
In the same way that I think being in a place and thinking, man, I could walk all over this town and find something new, and yet I don’t. I just keep taking the same bus to work and I take the same route back. It’s like I need the fiction of the access that I’m never going to take advantage of to keep me in place. But what I think Aaron and the Open Access movement really pointed out was like, actually, you don’t have as open access as you think of. You think the rest of the city is there for you to walk, but you never actually go down this alleyway. And if you did, you would find that your path was barred.
Shawn Vulliez: We were kind of sold this vision of a liberatory internet and what’s happened over time, including in the time since Aaron’s passing. On one hand, we have this sort of vision of this open, ultimately accessible internet where everything is at your fingertips, where it’s a participatory world and everyone’s finally empowered. That really is part of the story of the internet. There is incredible potential in the internet, but the Open Access movement is looking to actually actualize those potentialities.
For example, there’s stuff in the public domain that no one’s able to access online, so people don’t have easy access to it. And by definition it’s public domain. It belongs to everyone. It should be something that people have access to. So then you have things like archive.org steps in there to be the change as it were, and try to create a space for the public domain to be made public. But without that political intervention, without the political intervention of Aaron Swartz and other activists, we have an internet that’s increasingly closed off, increasingly monopolized, increasingly run for profit with paywall after paywall, after paywall that takes the complete liberatory potential of the internet and instead turns it into a shopping mall.
Aaron Moritz: Yeah. One of the things I really loved about that early period you were describing, and too, I remember bugging my parents to get me a CD burner because the idea was so wild to me that I could just put any songs I wanted on my own CD and just make it, that shift you were describing, I think I was 13 at the time, is very palpable to me. But one of the things I really loved about the early internet culture, and one of the ways Shawn and I met initially actually was because I was making these little video essays on YouTube and wasn’t really thinking of it as something that would make me money.
So I was using all this copyrighted images, copyrighted footage from TV shows and movies and copyrighted music and feeling like, oh, all these things that have inspired me from the world around me, I can just mix them all together into these little videos I’m making and create something new with them. You can still kind of do that, but there’s a good chance your video will get taken down. It’ll definitely get demonetized and ads put up on it at the very least, but there’s a good chance it would just be taken off the website completely for using copyrighted stuff. So there’s been this real limiting in how you can remix and reuse creative works online. That’s really, it’s felt like a decrease in the available freedom between now and 10 years ago when I was doing those YouTube videos.
Shawn Vulliez: Yeah. There was a feeling you could just do anything back then in the Napster days and still the sites exist. And actually, I think in some ways the Open Access movement has had some of the biggest successes in the last 10 years. Things like Sci-Hub, Z-Lib, Rest in Peace, LibGen, there’s a number of online libraries that have just been completely awesome, completely in the spirit of this stuff. But at the same time, there is this sort of closing in these walled gardens, the Netflixes, the Spotifys, the things that use the copyright system and all the right ways. And unlike you, nasty, dirty pirates, we’ll give artists one penny for every 10 million downloads they get because we’re not thieves like you dirty, dirty pirates. There’s definitely been a shift over time and talking about the era of CD burners really makes me nostalgic. I wish I could share that feeling with some younger people who maybe never had that era.
Maximillian Alvarez: Yeah. I mean, I’m feeling quite nostalgic about it too, for more reasons than one. I mean, I think that obviously it was still a moment where it felt legitimately open what the future of the internet was going to be and what the future was going to be with the internet in it. And I don’t know, I just don’t feel that anymore. I feel like, again, the sort of forces of control and formalization and surveillance and profit extraction and the enclosure of knowledge, the sort of domination of certain tech giants, whether they be Google or Facebook or something like that, it just feels like as we have progressed down that historical path, my sense of the open potentiality of the future in the digital era feels way less exhilarating, feels way less open as it were.
And I don’t know, I may be wrong, but that is certainly a distinctively different feeling that I have now compared to the one that I had in, say, the late ’90s and early ’00s, just as an average millennial user of this newfangled thing called the internet. But just by way of getting us to the manifesto itself, we’ll kind of round out by doing a bit of a close reading of that. But I think maybe to make the metaphor a bit stronger, maybe if I can try to salvage this a bit, do you guys remember the movie with Jim Carrey, The Truman Show?
Aaron Moritz: Yeah. Yeah, I love that.
Shawn Vulliez: Absolutely. Great film.
Maximillian Alvarez: We should do an episode about that someday, because I really liked that movie and I don’t think I realized how much I liked it when I first watched it. But I think that’s a perfect example. I mean, one of the creepiest things about that movie, I guess for anyone who hasn’t seen it, it’s this kind of psychological satire movie where Jim Carrey is the first human being to be essentially owned by a corporation. And this god-like director, producer, decides to build an entire world to make a show out of this man Truman, this boy Truman’s life. And so everything in his life is filmed, everyone but him is an actor. Everything is filmed in this giant indoor microcosm where Truman lives his life. And it’s not until, I don’t know, his late 20s, early 30s where he starts to realize that something’s wrong and starts to yearn to escape.
But what always struck me as a kid watching that and as an adolescent watching that was like, man, he went that long in his life without realizing that something was off. That’s what I’m talking about, right? Because you can create this sort of world that is in fact very enclosed like the world in The Truman Show is, but if you are able to maintain the fiction of openness, if you are able to keep the viability of the dream of exploring someday or someone else could explore if they wanted to, even if I’m not doing that now, even if I’m just going through the same routine, that’s all you need to maintain that system. And that’s what happens in The Truman Show. And that’s like what I think the sort of dissolution, the gradual fading away of the techno utopianism of Web 1.0, right? It started to become clear to me as like, okay, maybe when we talk about the internet as opening all of human knowledge to us and putting it at our fingertips, is that knowledge actually accessible? What do we do with it? Who has access to it?
And that’s where I think we really get into the meat and potatoes of Aaron Swartz and the Guerilla Open Access Manifesto. We’re going to link to it in the show notes for this episode, but I’m sure many folks are familiar with the kind of contents of this manifesto. Or if you’re not, you’re going to at least be familiar with the target of the manifesto. And this is the last thing I’ll say by way of prefacing my connection to Swartz and the manifesto is like, this is something anyone who’s ever spent time on a university campus has experienced, right? Because you go there and through your library access, you now have access to these vast archives that have aggregated all academic journals, academic monographs. I mean, one of the great digitalization projects was Google Books going to libraries and scanning a billion of them. And yet whenever anyone searches for it, you can only see one or two pages of that book. So you know it’s there, but it’s like who gets to actually see it?
And that’s how it feels when you go trying to do academic research is like you begin to realize how weird it is that all of this knowledge that has been produced, not just recently but in human history, but if you’re talking about recent scholarship, the vast bulk of it, which has been subsidized by public funds for public universities, is now captured and enclosed by for-profit academic journals hidden behind these aggregator archives like JSTOR that are only accessible to people who are paying a lifetimes’ worth of debt in the form of tuition to get access to. There’s something fundamentally fucked up about that. And that is in fact what Aaron Swartz felt. That is why at MIT, he downloaded so many files from the JSTOR archives and that inevitably led to the tragic circumstances and string of events that ultimately led the US government to try to make an example out of him and drive him to taking his own life.
But I don’t know, it can just seem both so incredibly huge when you think about what he was fighting for. And it can also seem just incredibly, not mundane, but when people hear it, that it’s like, “Wait, Aaron Swartz died because of JSTOR? How the fuck did that happen? These are academic journals?” There does seem to still be some sort of, I think, cognitive dissonance for people in wrapping their heads around why this was such a commitment for Aaron and for other folks who were part of that movement, and also why the government saw such a threat in what he and others were doing in relationship to JSTOR.
So with that in mind, we’re going to kind of take a page from the Srsly Wrong Podcast, which again, everyone should listen to. Aaron and Shawn not only do great analysis and interviews, but they do incredibly fun and well-produced skits and dramatic readings. So I thought, why don’t we actually read this manifesto because it’s short enough for us to read it, really put people in the mind frame of Aaron Swartz and the co-authors that also helped produce this. Aaron’s name is the one that is on the byline of this manifesto, but others contributed to it. And it was in fact because Aaron’s name was on the manifesto, that the federal government felt justified in saying that they knew exactly what Aaron intended to do with all the files that he downloaded from JSTOR, from the MIT library. And so with that in mind, Aaron, Shawn and I are going to do a dramatic reading of this manifest for you guys…
Shawn Vulliez (reading Aaron Swartz’s manifesto): Information is power. But like all power, there are those who want to keep it for themselves. The world’s entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations. Want to read the papers featuring the most famous results of the sciences? You’ll need to send enormous amounts to publishers like Reed Elsevier.
Maximillian Alvarez (reading Aaron Swartz’s manifesto): There are those struggling to change this. The Open Access Movement has fought valiantly to ensure that scientists do not sign their copyrights away but instead ensure their work is published on the Internet, under terms that allow anyone to access it. But even under the best scenarios, their work will only apply to things published in the future. Everything up until now will have been lost.
Aaron Moritz (reading Aaron Swartz’s manifesto): That is too high of a price to pay. Forcing academics to pay money to read the work of their colleagues? Scanning entire libraries but only allowing the folks at Google to read them? Providing scientific articles to those at elite universities in the First World, but not to children in the Global South? It’s outrageous and unacceptable.
Shawn Vulliez (reading Aaron Swartz’s manifesto): “I agree,” many say, “but what can we do? The companies hold the copyrights, they make enormous amounts of money by charging for access, and it’s perfectly legal, there’s nothing we can do to stop them.” But there is something we can, something that’s already being done: we can fight back.
Maximillian Alvarez (reading Aaron Swartz’s manifesto): Those with access to these resources, students, librarians, scientists, you have been given a privilege. You get to feed at this banquet of knowledge while the rest of the world is locked out. But you need not, indeed, morally, you cannot, keep this privilege for yourselves. You have a duty to share it with the world. And you have: trading passwords with colleagues, filling download requests for friends.
Aaron Moritz (reading Aaron Swartz’s manifesto): Meanwhile, those who have been locked out are not standing idly by. You have been sneaking through holes and climbing over fences, liberating the information locked up by publishers and sharing them with your friends.
Shawn Vulliez (reading Aaron Swartz’s manifesto): But all of this action goes on in the dark, hidden underground. It’s called stealing or piracy, as if sharing a wealth of knowledge were the moral equivalent of plundering a ship and murdering its crew. But sharing isn’t immoral, it’s a moral imperative. Only those blinded by greed would refuse to let a friend make a copy.
Maximillian Alvarez (reading Aaron Swartz’s manifesto): Large corporations, of course, are blinded by greed. The laws under which they operate require it. Their shareholders would revolt at anything less. And the politicians they have bought off back them, passing laws giving them the exclusive power to decide who can make copies.
Aaron Moritz (reading Aaron Swartz’s manifesto): There is no justice in following unjust laws. It’s time to come into the light and, in the grand tradition of civil disobedience, declare our opposition to this private theft of public culture.
Shawn Vulliez (reading Aaron Swartz’s manifesto): We need to take information, wherever it is stored, make our copies and share them with the world. We need to take stuff that is out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks. We need to fight for Guerilla Open Access.
Maximillian Alvarez (reading Aaron Swartz’s manifesto): With enough of us, around the world, we’ll not just send a strong message opposing the privatization of knowledge, we’ll make it a thing of the past. Will you join us?
Shawn Vulliez: Aaron Swartz is right about information and history has only proven him more right. The Guerilla Open Access Manifesto is like 110% right. The only critique I have is that he didn’t read Marcus Rediker on pirates. They didn’t actually plunder and kill crews historically. But that’s a really minor point. The whole thing is on fucking point and more relevant than ever. It gets more relevant with every passing year. It’s absolutely knockout true. And when I think about the shape of my political development and the access to illicit streams of information, legal online libraries, which I used to access books that I wanted to read, I wouldn’t be the person I am today if it weren’t for the civil disobedience of people who break those copyrights.
And so I owe a debt. I owe a lifetime development. I am who I am today because of this civil disobedience. I wouldn’t be the person I am without it. And it’s something I get really passionate about because there are people… It talks about, okay, people at Google can read whatever book they want, and then there are people at universities in the developing world who can access whatever they want. Their schools don’t have the subscriptions to the publishers. We’re talking about a legacy of information that goes back to the enlightenment. Hundreds of years of scientific articles, hundreds of years of studies and information that can help people to better understand the world, to create their own experiments, to participate in public science, to participate in public technology, to develop the world in a better direction through shared knowledge. It’s being shut down for profit, for a small group of people who don’t even create the knowledge, that have no reasonable claim to the knowledge because it’s an enormous industry.
And out of all the things in the world, why is the government trying to make an example of the person who stands up to this of all things? We’re talking about someone who’s involved in a variety of political actions. We’re talking about a political milieu, which has a variety of political actions, some more legal than others. But for some reason, Aaron Swartz downloading articles from JSTOR, he gets the book thrown at him. They charge him with things that are unreasonable. There’s no argument to say that he’s committing two counts of wire fraud. There’s no argument to say that he is violating computer espionage laws. Even if you look at this article and what it says, what this manifesto says, and you take it at its word that this is his exact motivation for doing what he’s doing. He’s talking about breaking copyright law. He’s talking about violating the terms of service of JSTOR. Fair enough. Civil disobedience, he violated the terms of JSTOR well, maybe there should be a proportionate response to that and he can serve time or he can be criminally punished, however, proportionally to what he’s actually done. And then there can be a public discussion in public politically. We can talk about the values of it. That’s how civil disobedience works. But instead, the secret police of the United States surveilled him creating 1500 pages of documents about his movement, about his politics, about his connections. They opened up his computers.
They looked at all of his private communications, including with his lover, and they threatened and humiliate him with it to the point where it compounded with invisible disabilities. He had been struggling with his whole life, autoimmune issues and depression. And he tragically took his own life because they wanted to use him as an example because he was arguing politically something correct, that people 100s of years from now are going to read aloud and say, he was right. He’s talking about the future of politics. He’s talking about the future of information society. And he was made a martyr for it. And it’s absolutely disgusting. The government killed him. That’s what his dad said. And his dad is right. The government killed him because these ideas about information are too true for the secret police’s mind. The literal secret police fucking tracked him. They threatened him.
They opened up all his communications. They charged him with things that were totally disproportionate to what he was doing, and they hounded him into suicide because of these ideas. And it’s not because these ideas are so ineffectual, they’re so irrelevant. It’s because these ideas are the most impactful, most relevant ideas of our political generation. Things that deserve to be shouted from the rooftops that everyone should actively participate in, that everyone should actively underline and integrate as core of their politics. And I don’t care what other political trajectories you come on, what you’re interested in, integrate this into your politics. This is the politics of the digital age. Aaron Swartz was right. He was fucking right. You read his other political blogs. He’s right about most stuff he says. He’s a very right guy. And it is extremely, extremely tragic that we haven’t had 10 years of his work behind us. The last 10 years missing out on Aaron Swartz.
That’s part of the reason why we don’t have the utopianism of the internet anymore. People have this sense of the internet is not a utopian place anymore, is because they fucking killed the Aaron Swartz. Political leaders who are prosecuted and chased down and humiliated because of their impact, shape the trajectory of how people think about the internet. And this is a little bit of a tangent, but I think another reason why the utopianism of the internet has kind of faded over the last however many years is because of Bitcoin, taking all the energy out of the room, both literally and figuratively. Bitcoin became this sort of utopian project of the internet, even though it fundamentally never made sense. And it was a money-making grift. And that’s part of the reason why we don’t see the internet as a utopian place anymore.
I think the loss of Aaron Swartz is another part of that reason. And what we need I think, is to integrate these into our politics actively and to make sure that we facilitate and help grow and develop the next generation of truth tellers. The next generation of people like Aaron Swartz, who can see through the bullshit of society and have moral clarity on issues that are dominated by rapacious profit-seeking. And the way that we do that is by valuing the voices of youth. Aaron Swartz became who he was because he was a youth on the internet. On the internet, no one knows you’re a dog. He was taken seriously. He deserved to be taken seriously. As we de-anonymize the internet, we risk losing that, if we devalue the voices of young people, we risk losing that. We need their clarity. We need their voices. We need to work together. We need to integrate this as not just part of our politics, but core to our politics. That information belongs to everyone. The legacy of human knowledge belongs to everyone. It doesn’t belong to a small group of publishers and Aaron Swartz was right.
Maximillian Alvarez: Man, preach, brother. I think that was beautifully put. And honestly, this is another reason why I thought having you both on, granted, I was being a little bit selfish because as I afore mentioned, there are parts of this story, Aaron’s story, the movement that he was a part of, the movement that he was an integral part of that, that I still feel like an outsider looking in about. But I think that actually I mentioned, Dear Real News listeners, that I have been on Aaron and Shawn’s show Seriously Wrong before. The first time that we collaborated was for a big crossover episode between Seriously Wrong and my show Working People on the Winnipeg General strike of 1919 to date the largest strike in Canada’s history. And we did a deep dive into the history of that. We did some fun skits, but we recorded for a long time really trying to unpack the ins and outs of that historic strike that happened over a century ago in Winnipeg.
And one of the things that I recall us talking about in the beginning of that episode was the fact that just in doing the research about the Winnipeg General strike, there is about, I’m trying to recall because I feel like this archival discovery was made around the 1980s, if I recall correctly. So there was over 50 years in 20th century history where essentially no one knew how involved this infamous collection of the local bourgeois Z in Winnipeg at the time, right? They called themselves, it’s like the Council of a 100 or something like that. They called themselves the Citizens Committee of 1000. And it truly was a handful of mustache twirling top hat wearing rich people essentially meeting in secret and talking about how they were going to conspire to crush the strike. Even going beyond the bounds of the law or even forcing the government to essentially deputize this local bourgeois Z to exceed the limits of legal recourse into essentially take control of the local governance for the explicit purpose of squashing this general worker’s strike.
And it was in the trials that were held after the strike was over, that a judge essentially granted the request from the members of the Citizens Committee 1000 to have their records permanently sealed. And the judge granted that request. And so again, entire books of history were written about the Winnipeg General Strike, documentaries were made about the Winnipeg General Strike, with no access to those communications of the people who were most integrally involved in breaking the strike. And it wasn’t until a random sociologists just happened to be in a certain archive and got access to those files that suddenly the history of this momentous event in Canadian history and labor history in general became a lot clearer. And we talked about how fucked up it was that what the judge essentially did that day, what the ruling class serving establishments that we entrust with maintaining and upholding the order of our society for ostensibly just and righteous reasons.
What this judge did was denying the people their ability to know their own history and just how sinister that is. And now magnify that by truly incalculable amounts because that is what is Aaron Swartz saw in the system that we’re talking about. That’s what we read in the Gorilla Open Access Manifesto, is that you have this incredible wealth of human knowledge, not just recent scholarship that’s been produced since the Internet’s been around, but everything before that that has been digitized, all of that has made accessible in that it can be accessed, but then that access is dramatically cut and dramatically cinched. Rebecca Gibbon and Cory Doctorow, I had the honor of interviewing them here in Baltimore a couple months ago about their incredible new book, Choke Point Capitalism. But that’s the image I think of. And in fact, they talk a lot about academic publishing as an example of Choke Point Capitalism because it’s like all that knowledge is there.
And again, a lot of it has either already been produced for the public domain or it has been publicly subsidized in some way. And there are people who have devoted their entire lives of researching these things, writing these papers. And then at the very point that they’re ready to share it with the world, they’re supposed to just give up all rights to it, hand them over to bloodsucking institutions like Taylor and Francis Academic Publishers who then just choke point that thing. They grip it like a hand squeezing the neck because they are not producing any value, they’re not producing the research. They are literally just at the choke point where the producers of that knowledge and the people who want to access it meet. They are just the vampiric middlemen squeezing as much value out of something that they offer no value to. And that is a crime, especially when you think about what the example I just gave, how consequential this is in that documentary I mentioned in the introduction. Which everyone should go read for a fuller accounting of Aaron’s life and the trial and all of that.
It’s called The Internet’s Own Boy. And thank you to Shawn for actually reminding me about that documentary. But I just mentioned Cory Doctorow. Cory has a great example at the end of that documentary where he says, there was a kid here in Baltimore who ended up becoming, basically making the discovery that would allow us to detect pancreatic cancer sooner because he had access to the kind of medical journals that he was able to just fart around and look around through and eventually hit on an idea that saved countless lives. We can’t predict what the effects of opening that access would be, but what we do know is we live in a world of very curtailed access and that limits the capacities of what we as people can do and what we as people can even know about ourselves and our own history. And I believe that is as much of a crime as Aaron said it was.
Shawn Vulliez: It is a question of what type of society do we want to live in? Do we want to live in a society where people waste their lives doing drudgery and toil things that they would never be interested in doing if it weren’t necessary to make their living? Or do we want to live in a society where people are actively involved? Everyone is actively involved in the curation and re-curation of information, the interpretation of our shared history, the interpretation of science. Another great example of an every man layman contributing greatly to progress of our understanding of our history and science is there’s this recent example from the UK where there was a guy who works in furniture, he works at, I can’t remember his specific job. He works in the furniture industry and he took it on himself to try to understand the meaning of Neanderthal cave paintings and determined that these little dots that they were drawing near the animals on these famous cave paintings actually represented lunar cycles or reproductive cycles of the animals.
And he passed that on to experts in the field who took them seriously, even though he’s a layman. Because of his access to information, he was able to formulate this hypothesis, pass it on to people in the field who thankfully took him seriously and then were able to prove that he was correct. And there’s numerous examples of everyday people participating in history, participating in science, and by giving the basis of the hypothesis is the information, the shared information, it’s usually funded publicly. There’s all these different various reasons to argue that these things are public knowledge or should be public knowledge. And then from having access to that information, they’re able to contribute greatly. And you just think about the scale of an entire planet full of people, full of thinking minds. I’m also reminded of the Stephen J. Gould quote about, I don’t care about the weight of Einstein’s brain only that there’s similar brain powers and sweatshops and factories, et cetera.
When you’re talking about, there’s brilliant, brilliant people all over the world who have no access to the legacy of human scientific knowledge. So we’re missing out on all of the things that they would have to contribute if they had the basis to form their own hypotheses, the basis to participate in their own things. So on one hand, going on [inaudible 00:57:21] Hub and being able to look up something I want without having to bother one of my friends with institutional access to get them to download it for me, that’s incredible. But what it also represents in the world stage, if we can step out of where we are in the world and look at the overall context, we’ve got a world where the vast majority of knowledge is pay walled and held off to people who are essentially a global financial elite. People who go to the biggest universities in the world, and there are billions of people who have things to contribute that are locked out.
And so I think the question is, the information question is really fundamental and it’s a question of what type of society do we want to live in? How do we want to value and encourage people to participate actively in the co-development of knowledge, which is where all knowledge comes from, all knowledge advancement comes from. So the more people that we can bring into the system of thinking through these things together and having access to the information that’s required to make sense of it all, the potential for social scientific technological progress that’s unlocked for that, that is incredible. And that still remains to be the libratory potentiality of the internet, which is still with us. The flame is still lit, they’re still numerous information clearing houses on the internet where you can find illicit libraries. And I think if we ever lost them, it would be a profound tragedy. It’s hard to overstate what a profound tragedy that would be, when you’re talking about shutting out billions of people from human scientific knowledge, historical knowledge and so on.
Aaron Moritz: I also just want to tie the open access of information to the open access of resources in general. We’re talking a lot about how much people could contribute if not for being held back by these vampiric corporations who insert themselves as middle men in the access to human knowledge and in the realm of human knowledge, and with the internet, their role in this situation is more clear than any other part of the human endeavor of having a society where we interact and take care of one another because you can copy things for almost free technically, and you have to invent these paywalls to put up in between things.
Whereas with physical items, it works a little bit differently, but a lot of the principles are the same where you have people spending their days working to produce useful items for people, whether that’s food, shelter, clothing, healthcare, et cetera. And then you have these corporate boards and corporations, profit-seeking entities that insert themselves as middlemen, taking the profit from the sales of these items that they didn’t produce themselves, that they paid workers to produce for them, inserting themselves as the people who get the vast majority of the benefit, while limiting the access to these vital things that we all need, our physical needs.
Through this process of corporate profit seeking and just having access to information for all people would greatly accelerate the amount of progress and the amount of good ideas and innovation that we could have as a species, providing everybody with all of the basic things that they need to live would do the same thing on a much greater scale. I’m just thinking about the history of it and when I first got into piracy and information, open access and seeing those kind of things, I didn’t identify as a socialist or a communist or anything like that.
But I think over time seeing the same principles, applying the same ways in which the output of human creativity and human labor was being instrumentalized for the benefit of a very small amount of people, really just led me directly from this type of political awareness about open access to information, to thinking about open access of the entire common heritage of human people, that all human resources, all of the planet’s resources should be commonly held property used for the benefit of all people and not just for the benefit of a small group of people and also the ways that they’re erecting these artificial barriers in the information space have started to move into the real world space of physical objects as well.
With so many things now, having computer chips in them, you have things like ventilators or tractors or these really physical mechanical objects that are being locked behind DRM codes where your machine is perfectly fine, but you don’t have the intellectual property rights to run your ventilator. So sorry, we can’t repair this one. We don’t have the rights to do it. They’re bringing these artificial barriers into the real world to be able to monetize even more and to limit access to things people need for their own profit. Even more so, even if you see the information access thing as not the biggest deal compared to some of those more vital human needs, the two issues are really deeply interlinked and becoming more interlinked as the digital is making its way into so much of the analog world.
Shawn Vulliez: Another great example of that, interlinked-ness. I think a lot of the absurdities of intellectual property are more apparent for the reasons that Aaron mentioned, but it’s also a lot of these absurdities apply just to private property, full stop. And an example of one of these overlaps is we were recently researching the history of libraries and the history of the written word for an upcoming episode of our show. And one of the things that I found in research about ancient libraries when reading about the origin of libraries is that the premiere ancient library experts in the world don’t have access to all the information that humans as a whole have on ancient libraries. Because there was this treasure hunting, there was this phase of history where there was this big boom of treasure hunting. So untrained people who didn’t know anything about history were doing all these basically, I guess tasteless, I’m trying to think of the best term for it.
These just like scoop and grab all the historic artifacts you can. Put them away in archives, sell them to rich guys. There was like this gold rush boom for historic artifacts. And so people as a whole in private containers owned mostly by the rich. We have huge amounts of our human legacy. These are fundamental questions. Where did writing come from? Is a question that we haven’t fully answered. What were the reasons for early libraries? Why did the leaders of the ancient world value libraries so much? What was the philosophy behind that? These are questions that we don’t have full answers to because private treasure hunters did tasteless expeditions to smash and grab as much as they could and sell it to the rich, and they’re sitting un-analyzed in archives as investment commodities right now. So that is another example of this intersection between information, private property, intellectual property, and our shared legacy as a species.
These are fundamental questions. I would love nothing more than to know more than humanity does about ancient libraries. For my research, I reached the limit. It’s like, this is what we know, this is what the best experts in ancient libraries in the world don’t know. And it’s because we don’t have all the documents. We don’t have all the surviving clay tablet records. Things have been removed from their context where if all these objects had been together at the same time using our expertise brains from all of our studying, we could figure out how they relate to each other. But that was all taken away by, again, the rapacious search of prophet and a tasteless exploitation of our common heritage.
Maximillian Alvarez: Yeah, I think that’s beautifully put. The example that I always think of is all the Maya codices that were deliberately destroyed by the Spanish conquistadores because they were viewed as un-Christian, this savage knowledge, just like vast, vast stores of knowledge from people in Mesoamerica that had been accrued over centuries just suddenly smashed. And the only reason we know about them is because this famous, or infamous, I believe he was a bishop from Spain, basically wrote his own version of them and preserved some form of them. But it’s just so much of what we know about our past is contingent on things like that, like you both were just sort of saying. We either know a shockingly small amount about our own past because the records and the people have been destroyed for greed, for conquest and domination, or just unfortunate historical accidents like a library burning down.
But I mentioned that just by way of kind of rounding us out, because I know I got to let you guys go, but I think that’s a really important point to note both kind of connecting us to the legacy of Aaron Swartz and also thinking about what that legacy looks like for all of us who are fighting the good fight wherever we are, however we can, in the year of our Lord 2023, as we continue down the gullet of what I think is shaping up to be a pretty horrifying century. There is so much absurdity that results from the efforts to preserve those mechanisms for protecting private property, for prioritizing the needs of profit seeking, rent seeking enterprises.
In a past life, I was a media historian. That was the through line of my academic work. And I remember reading about just the cluster fuck it caused when Xerox technology was made kind of widely available because publishers were freaking out about people being able to copy their books and pass them on to people. Or there’s always been concerns about the “secondary market” of used books because once that initial sale is made, any revenue that comes in isn’t going to the publishers. And so I would encourage folks, I’m not going to go through it all here, but I would encourage folks to look at examples that, read up on that, because then you’ll start to see how the things we take for granted, the systems we take for granted, the protocols we take for granted, the laws we take for granted, how actually so many of them are founded in an absurd fucking premise, and have actually produced absurd results because it’s an unnatural jerry rigging of the potential of technologies.
It’s a jerry rigging of the law to defend the indefensible, to create systems of capture and control that benefit these otherwise pointless and useless and vampiric entities like the ones that are retaining all the copyrights to academic publications. We have created these ghastly, absurd systems to support these ghastly, absurd premises of denying people access to information that is part of the public domain. All the ways that, like you said Aaron, these middlemen kind of insert themselves and extract value, but do nothing other than limit access. And I think there’s something really important there that I wanted to for us end on, because obviously the absurdity… There’s perhaps no more absurd conclusion to what we’re talking about than humanity essentially destroying itself and our shared civilization, and even endangering our potential continued existence on this planet for many of the same reasons.
For many of the same reasons that we have built entire economies around the notion of people as consumers who all have to have their personal copy of the same product, instead of sharing one of those things between 10 people or sharing in general. We have built up such a Frankenstein’s monster of consumer culture, of an economy to the point that we have produced our way to destroying the ecosystem that we all depend on. And that’s why I thought of you guys when I was rereading the Gorilla Open Access Manifesto, because I know that that library socialism, the concept of library socialism as a different way of approaching this kind of thing, is fundamental to what you all do on the show seriously wrong. And I thought of you when I read this one sentence from the Gorilla Open Access Manifesto where Aaron writes, “Sharing isn’t immoral, it’s a moral imperative.” I wanted to, by way of rounding us out, just sort of ask you guys what that sentence means to you.
Shawn Vulliez: I mean, at a basic level, all human sociality, all human progress, everything that’s worth anything in life is predicated on people sharing with each other, people not locking things down, but being open and social. And inhuman systems that would tell us that having a friend over to listen to music together is immoral unless both of you buy the CD, that’s the level of absurdity we’re talking about with these intellectual property extremists. It’s inhuman, it’s bizarre, it’s robotic. And it’s fundamentally contrary to I think the things that make us human, the things that caused humans to develop into the species that we are over time. It’s absolutely correct and another great example of Aaron Swartz being completely fucking right. Sharing is a moral imperative. It’s not immoral to share information, it’s not immoral to share experiences. It’s important. It’s what makes the world work, it’s what makes everything good in the world work.
Aaron Moritz: Yeah. And I think possibly going far beyond what Aaron meant when he said that in this context of information, information freedom, like you were saying, our sort of determination as a society right now to never share things, that everybody should buy a new bicycle, everyone should own their own lawnmower, everybody should have their own everything. And then when you’re done with it, you should throw it out and someone else should buy a new one, has led to a situation where we are burning through the resources of the planet at a rate that is unsustainable. And we’re not integrating our human society with the natural imperatives of the ecosystem under which we exist.
And sharing is a key way that we can change that, that we can produce less, get more use out of it, provide more positive experiences, more ability to access the things that they need to everyone while producing fewer things, and therefore acting in a more ecologically sustainable way. The power of sharing, again, is really obvious online where it takes a few cents of data and half a second of processing speed to copy a file, to copy an academic paper or a book. And you can just see how absurd it is to prevent people from doing that. But the fact that we have the entire social system set up, not to maybe prevent people from sharing physical items, but certainly not to facilitate it on an institutional level, has had massive consequences for the planet and for our society.
Maximillian Alvarez: And I mean really just as a final kind of postscript to that, I think that there’s also something really important in the line from the manifesto that says, “There’s no justice in following unjust laws.” Because I just really wanted to underline what you both said about that during this incredible conversation. And I thank you guys so much for giving me so much of your time to talk about this. But that’s the other, I think, real essential lesson that all of us have to sit with. Thinking about Aaron, his death, and what lies ahead for all of us is that Aaron, like everyone that I imagine has had similar versions of the conversation that we’re having now, or similar thoughts to the ones we’re expressing now, has realized that there is, again, a fundamentally abhorrent absurdity at the center of laws that are designed to prohibit sharing, laws that are designed to restrict people’s access to information and knowledge.
And laws that, again, are there, that are the sort of prosthetic outgrowths of the absurd system, that are there to serve the absurd function of protecting that system, even if it comes at the expense of us knowing our own history, even if it comes at the expense of our ability to create lifesaving vaccines or conduct medical research because we have access to the research that’s been done previously. Going from that and the Kafkaesque absurdity that Aaron Swartz died to the Kafkaesque absurdity of grocery store workers getting arrested if they take home any of the food that’s expired and is going to be thrown out anyway. You look at that and you just see, “Oh no, the law says this has to be wasted because it can’t be recouped for a profit, therefore no one gets it.”
Or we’re in the midst of a pretty much global housing crisis right now, and yet Wall Street has turned housing into a financial instrument to the point that there are just innumerable apartment buildings, condo complexes, and even houses lying empty because they’re worth more to their investors and owners in that position than they are serving their actual function, which is to house people. So I just want to leave people with that sort of thought, as we again confront the reality of the climate crisis, as we continue to head into pretty what has already been a pretty terrifying century and I’m sure has a lot of other things in store for us.
I think we all have an imperative, as Aaron himself would say, to question the absurdities and the arbitrariness of these sorts of laws, these sorts of systems that are ultimately designed to protect property and profit at all of our collective expense. And it was very baffling to me reviewing all of this to think, how can we live in a country that is just constantly, almost by a desperate existential need, we are constantly reminding ourselves of the righteousness of the police and the criminal justice system and all that it’s meant to uphold and protect. And yet there’s so many examples like the tragic death of Aaron Swartz, where you’re just like, “This system was designed to impose and enforce the law, even if the law itself is incredibly unjust.”
And I feel like everyone can look at Aaron Swartz and see that and be like, “The government killed this man for a reason that it was fundamentally absurd and abhorrent, but was still defined as illegal.” And I think that I’m not going to get us in trouble here and say, “Everyone go out and do crime.” But again, it’s a truly Kafkaesque story, and I think it’s incumbent upon all of us to carry on that fight by not just accepting the immorality and the unchangeability of these unjust and absurd systems that are designed to enclose rather than open, to control rather than liberate. That I think is a really important way that all of us can carry on Aaron Swartz’s fight. So Aaron, Shawn, co-hosts of the SRSLY Wrong podcast and co-creators of the animated series, Papa and Boy, which you can watch on Means TV. Shout out to our friends over there at Means TV. Aaron, Shawn, any other final words or plugs that you’ve got for the good Real News listeners before I let you go?
Shawn Vulliez: Yeah, there’s something I kind of want to say about the story of Aaron Swartz, and I’ve been reflecting on it for a little while and I guess I have two takeaway lessons that I think are really important, and a kind of request to people listening. And the first lesson is that Aaron Swartz shows the incredible power of one person dedicating themself to doing things. He shows that any of us can do what we set out to do and we can have a profound impact in the world, a more profound impact than we’d ever imagine, and we don’t even notice our impact while we’re doing it. I don’t think that Aaron Swartz had a full idea of how impactful he was, unfortunately. And I think that’s a really key lesson is that if we’re bold enough to step to the plate and participate, we can shape the future of our society. And Aaron Swartz shows that.
The second lesson is that you, all of us, everyone here, everyone listening, is worth more to all of us alive than dead. Fuck martyrdom. Aaron Swartz dying did nothing for information freedom. The things that Aaron Swartz did when he was alive contributed to information freedom, and we’d all be so much better off if we had 10 more years of Aaron Swartz contributing to our culture and helping move us along, and being an intellectual leader, and being someone who contributes through code and through discourse and through writing. Fuck martyrdom. You’re worth more alive than dead. And my plea is to activists, there’s a lot of things that distract us as activists: interpersonal drama, fighting over micro-celebrities’ aggression, micro-celebrities’ mistakes, re-litigating the historical disputes that are so far removed from our everyday experience.
And it’s tempting and it’s fun and it’s so tempting as an activist to get caught up on disputes and sectarianism and arguing about the political policies of some country and some obscure year and stuff, but my plea is to take Aaron Swartz seriously, to take these ideas of information openness seriously, and to integrate them in your politics as fundamental. There’s no politics which is more contemporary than this. There’s no politics which is more egalitarian than this, which is more liberatory than this. And it doesn’t need to overwrite the other things you care about, but I hope that someone listening to this thinks about this very deeply and helps all of us by becoming more of a relative expert on this issue and contributing, using their time and energy to contribute to all of us understanding this better. So that’s my sincere, deep request, if you’re listening. And the two lessons are, you can do anything you want and you’re worth a lot more to me alive than dead. So thank you for bearing with me through that.
Aaron Moritz: Yeah, I just want to say thanks for having us on. I agree with Shawn.
Shawn Vulliez: I agree with Aaron. Thanks for having us on.
Maximillian Alvarez: Well, Aaron, Shawn, again, thank you both so much for sharing so much of your time and brilliance and insight with us on the Real News Network podcast. I really appreciate it. To everyone listening, you should definitely go check out Aaron and Shawn’s Show, the SRSLY Wrong podcast, spelled S-R-S-L-Y W-R-O-N-G. We will link to it in the show notes. And also definitely go check out their animated series on Means TV, Papa and Boy. Before you go, please head on over to the realnews.com/support and become a monthly sustainer of our work here at The Real News so we can keep bringing y’all important coverage and conversations just like this. Thank you so much for listening.
The state of Louisiana is considering transferring at least 20 minors incarcerated in its juvenile correction system to be housed on death row. The state alleges these children are amongst its most problematic incarcerated minors, and that placing them on death row is in line with government obligations to rehabilitate juvenile offenders. Lana Charles, who has worked to provide arts programs in Louisiana’s juvenile justice system for 15 years, joins Rattling the Bars to explain the situation of incarcerated youth in her state.
Luliana “Lana” Charles has worked with youth for over 15 years in the capacity of the arts, enrichment and cultural programming and the juvenile justice system. Lana is a social worker and trained artist, and a member of PAIMI Advisory Council and Louisiana Human Trafficking Prevention Commission and Advisory Board. She also serves as board chair at The Beautiful Foundation.
Studio/Post-Production: Cameron Granadino
TRANSCRIPT
Mansa Musa: Welcome to this edition of Rattling the Bars. I’m Mansa Musa, co-hosting with Eddie Conway. As always, I update everyone on Eddie Conway’s state. Eddie Conway is making a remarkable recovery, and at some point in time, we expect him to make a cameo appearance on the show that he created and the network that he loved.
It was a recent report that Louisiana State was considering, or are in process or have, sent juveniles to Angola Prison in Louisiana to have them housed on death row. According to the state of Louisiana, the reason behind this is these are considered the most problematic youth in the juvenile system. Here to talk about this and some of the social ramifications of what’s going on with our youth is Lana Charles, a social worker from Louisiana. Ms. Charles, introduce yourself to the Rattling the Bars audience.
Lana Charles: My name is Lana Charles, and I’m a social worker in New Orleans, Louisiana. I work with the Louisiana Center for Children’s Rights on the Children’s Defense scene.
Mansa Musa: Okay. Now let’s just go right into the subject matter. All right. In Louisiana, the law says, child code, and I think this might be considered its preamble, maintain a safe environment for youth. It says, youth and residential and secure care facilities have the same rights. It is the state’s duty to act as a parent to the youth placed in custody. It says that, according to the Child’s Code, Article 801, in those instances when a child is removed from the control of his parent, the court shall secure him, care as nearly as possible equivalent to that which his parents should have given him. It says, according to the state, in the interest of the state, the purpose of incarcerating a juvenile is treatment and rehabilitation. Due process requires that the conditions and program must be reasonably related to that purpose.
In terms of what’s going on in Louisiana with our youth, and maybe you can update us on whether or not this is actually taking place. There was a report that came out a couple of months ago that said that the state of Louisiana was in the process of sending at least 20 youth to Angola Prison and having them housed on death row. The reason behind this is allegedly these are the most problematic youth in the juvenile facilities, and can’t be managed by the juvenile facility. To your knowledge, has this taken place, or can you give our audience an update on what is going on with this?
Lana Charles: Yes, for sure. Obviously this is a very serious concern that we have as social justice advocates, especially for the youth of our city, who are mostly Black youth, who are being sent to Angola. It’s an outrage, definitely. According to the law, the juvenile justice system is supposed to be committed to rehabilitation and treatment of children, no matter what. So however, according to what is actually happening, particular kids in custody, they’re not receiving this rehabilitation. We know that youth who enter the system are some of the most vulnerable youth in our communities who experience significant trauma. Unfortunately, youth in juvenile prisons are experiencing punishment, and not rehabilitation or treatment. So especially at the new facilities, OJJ, which is the Office of Juvenile Justice, has recently created, including Angola, they’re resembling adult prisons, where these kids are staying. Also at St. Martinville, which is another OJJ facility.
So there’s limited treatment and programming, and kids are locked in cells, they’re shackled. It resembles an adult prison. Imagine what that does for the young mind. A former incarcerated youth mentioned this when he testified at the state Capitol for the House Bill 746, which is to restrict the use of juvenile solitary confinement. This young youth, he’s 21 years old right now. He quotes, “See, when you in jail, the only thing you got is your mind. So what you transform into is based on your environment and the influence around you.” So this is what’s happening right now in New Orleans, in Louisiana, in our state of Louisiana. The system and principle is to provide public safety and accountability. It’s far from how it is implemented. Instead, it’s a mechanism to keep people oppressed forever.
Mansa Musa: Yeah. Yeah.
Lana Charles: And our young people, at that. So the large difference between the goal of the system and the reality that is actually happening now is a real problem here for kids and our community as a whole.
Mansa Musa: To dial down on that, when I was researching this, I noticed that in one voice they’re talking about in theory that they’re supposed to be providing rehabilitation and treatment, but in application, some of the juvenile facilities that now exist are just about as big as Angola. In your experience and in working in Louisiana in particular, in general, has it been your experience that… Is the attitude of the state just like Draconian when it comes to our children? Do they not get it that we’re talking about young minds and impressionable minds that need to be treated as children as opposed to being treated as adults? Because it looks like once you get in the juvenile system, then the system is set up such that you are going to be treated as an adult in that system until they ultimately graduate you to an adult facility. Has that been your experience? That the attitude of the state is, when it comes to understanding the mentality of the juvenile, is it a disconnect to your knowledge?
Lana Charles: It’s definitely a disconnect. I think that the right people are not in position to make these major decisions for youth and for our communities. It’s sort of blatant attitude in a way. There’s so much research out there that’s provided that no one is really paying attention to. It’s like it’s non-relevant information, so that’s disappointing. That’s upsetting, that the voices, the research that is out there is not being heard and listened to. It’s like a slap in the face or a hand in the face. The main point is that kids should be treated like kids. Jail is not developmentally appropriate, and can and does inflict further trauma. That’s common sense. It’s common sense in life, period. And these are children.
These are children who are still developing. They are impressionable, at that, and they’re being sent to these facilities like St. Martinville and Angola. They’re living in cells rather than dorms. This means kids who are placed there, they’re in cells alone for a large portion of their day, and practically shackled, only being released outside of their cell to shower. Like showering is an activity. It’s a necessity, it’s not an activity.
Mansa Musa: Right.
Lana Charles: So this is truly the outrageous things that are happening right now. That is, it’s out of reach it seems for the powers that be, who should be well equipped enough to understand the ramifications of these outcomes and these things that are being put forth for our youth.
Mansa Musa: To go back to a point you made, we’re talking about children and that the mind’s not developed. The Supreme Court came out, and recognized that children don’t have the state of mind to commit certain crimes. Even though the crime called for a certain minimum intent, but the Supreme Court then came out and said, well, children don’t have that, what they call mental right state of mind to be able to do that.
But let me ask you this here: who is responsible for when they’re evaluating and doing intake on our youth? Because if the reality is that most of these children come from traumatic environments, if not all of them, this is a fact that single parents, abusive environments, and even according to their own child code it says that once this child is turned over to the state then, in theory, the state should take the attitude of adopting the child as a parent. The way our children are being treated in juvenile facilities, this is, in every sense of the word, child abuse. From your understanding, who is responsible for doing intake and communicating the mental concern or the mental considerations that need to be factored into when dealing with our children?
Lana Charles: Well, there’s many players at play here. When a youth goes into the juvenile facilities, there are medical and mental health professionals that are there. Even before they hit the medical and mental health professionals, there are intake professionals that are supposed to be gathering collateral information about this youth and determining what a treatment plan will look like –
Mansa Musa: That’s right. That’s right.
Lana Charles: …When we have no treatment plan for them. So it does not seem like that is being done, to be quite honest with you. Or if it is being done, it’s not effective. It’s not based on research and the best evidence that there is out there for juvenile justice systems. So those are the people that are seeing the kids initially and who are creating these plans. It doesn’t seem like there are any plans that are being created, to be quite honest with you. Especially when we’re meeting with our kids to see how their day is and if they’re going to school, if they’re speaking to their families regularly enough, if their mental health is being taken care of, if they’re getting their medication, vitamins, going to appointments for eye exams, for teeth, for dentist’s work or whatever it may be. It’s not what we would do as caring parental adults to our own children. So there’s many responsibilities that are out there that may not be taken totally seriously, and being accountable for your role in this industry.
Mansa Musa: We recognize that when you’re dealing with young minds and itemizing, I served 48 years in prison prior to getting out. Matter of fact, yesterday I’ve been out of prison all of three years. But I recognize that period of time that I went through and the mental impact that it had on me, emotional impact that had upon my release, I had to do some internal work. I was doing internal work while I was in, but my mind at some point in time got developed. But now we’re talking about kids who you lock them in a cell, your attitude is that they know that the environment they’re in is punitive. So they know that they’re not in an environment that’s not punitive. So you put them in a punitive environment. Why do you think the state expects them to act any other way than they acting if you create this hostility towards them? Do the state just don’t get it?
Lana Charles: I think there’s multiple things at play, and multiple people at play, and they are not working together on one accord. That’s the biggest issue. I think that there’s definitely different stakeholders within this system, including us as juvenile public defense. We are there to present what the issues are, but on the other end, we need those who are receiving it and hearing it and understanding it and who is willing to make those changes. A lot of times, it has to do with money.
Mansa Musa: I knew it was going there. That’s the root of all evil.
Lana Charles: Yes, with investments –
Mansa Musa: Right. That’s right.
Lana Charles: What are we investing in? Do we want to just invest in putting them into jail and letting them sit there and rot? Or are we going to try to give some more money to these community organizations that could help deliver what we need, those changes that we need, and provide them that trauma-informed care. So rather than providing that extensive treatment and rehabilitation, the OJJ, the facilities that they rely on punitive measures, rather, like cells and restrictions, punishment. You do wrong, you get punished. That’s it. But again, these are children.
We all do wrong as children, but we have to learn a lesson. We learn the lesson the way that is more fitting for the person and for the community. So when you continue to punish a child who doesn’t know or have the skills or the tools to change or to do things differently, then you are going to get the same outcome, the same outcome over and over again.
So from research, we know the most successful model for juvenile programming is to provide mental health treatment –
Lana Charles: Yes, trauma informed care to youth, not punishment. Instead, what we are getting is, you get locked up in your cell for the majority of the day. I don’t want to see you, I don’t want to hear you. Your interactions are limited, and there’s limited engagement with activities and to help the child grow mentally, physically, emotionally, and to build healthier relationships. That is the moment right there. If you want to rehabilitate and have a better community, why not give them what they need?
Mansa Musa: Do y’all have any allies in the state legislation that really understands this and are willing to sponsor back and endorse alternatives? Because, as you say, this is about mental health. You not going to physically change these children. The only thing you going to do is they either going to become more hardened, or they going to have a broken spirit. At any rate, they not going to be an asset to the community. They’re not going to be an asset to nobody. The way it looks, it’s almost as if they saying, well, if we ignore them and we treat him with all this brutality and hostility, they’ll be the next one up in Angola prison. They’ll be the next one on the death row. They’ll be the next one to commit. We can wait on the juvenile and turn them into adult. Do you have any allies in the state legislature anywhere outside of the community-based organizations that’s willing to give voice to this problem?
Lana Charles: Yes. Yes we do. We definitely do have allies on that level, on a legislative level.
Mansa Musa: What kind of legislative bills or directions are being taken in terms of trying to reverse this? Maybe you can update us on the Angola thing, because when I was reading it and I was doing the research on it, this in and of itself is traumatic. I don’t care how brave I appear to be as a kid, I don’t care how unruly I am as a child, when you tell me that and you threaten me and say, yeah, we getting ready to send you to Angola. We getting ready to send you to death row. I don’t care what I present, it’s traumatic. It’s going to be traumatic for me, the uncertainty of where I’m going to go or where I’m going to be confronted with is really going to compound my trauma. So can you update us on one, what’s going on with that, and two, what type of legislation is being introduced to try to change this mindset of the Louisiana Juvenile System?
Lana Charles: Yes. We recently had House Bill 746 pass with a supportive legislative –
Mansa Musa: Can you give us an overview of what that entails?
Lana Charles: Yeah. So House Bill 746 was created to restrict this solitary confinement use. It requires OJJ, which is the Office of Juvenile Justice, to swiftly inform the parents and the attorneys of solitary confinement use, and requires the agency to record and track its use. Because before, that wasn’t happening, and youth would be in solitary confinement and we would not even be aware of it. So that would be the most recent legislative activity in regards to changing that, changing that type of behavior on that level, and hoping for the best, that that could change some outcomes with the youth that are being housed in these facilities.
Mansa Musa: In terms, what is your organization doing, or give us a little bit of information about what your organization do?
Lana Charles: Yeah. Louisiana Center for Children’s Rights, we are a public defense office, and we provide legal representation to youth that are coming through the juvenile justice system. With that, we operate on a holistic model. It not only consists of attorneys, but it also has social workers like myself and youth advocates. The youth advocates are the ones who are out there in the community doing the real work, being with the children and mentoring the children and assessing and figuring out next steps along with the assistance from social workers. We have investigators that are on the defense team as well. So our main goal is to provide that zealous advocacy work, that footwork. The type of work that lots of people are limited in doing, we take it and go for it. We go out there and do our thing for the youth and we are directed by the youth and the parents.
And in order to make sure that whatever it is that we are trying to get them through and to, it’s something that they want to do. It’s something that they could do if they have the capacity to do so. You have to be an equal player within the treatment plan. You have to be an equal player. You can’t force it down people’s throats on what we think is needed, because everybody’s lives are different. So that is what we try to provide to our client base and their parents within this juvenile justice public defense sector.
Mansa Musa: One last question. In terms of the parents and the parents of the children, what has been their reaction to what’s going on with their children? Because a parent can not have the ability to deal with their child, so they think by turning them over to the state, the child will get the necessary treatment that will help the parent better manage their child. That’s just oftentimes, that’s just the reality.
I remember hearing a friend of mine, he was a counselor, and he was in court. The parent came into court and said, look, take my child. I can’t do nothing with him. I’m asking you to do something with my child to help so my child won’t wind up dead or wind up in prison. So most of the time, parents look to these institutions and think that these institutions are going to really be genuine in terms of what I just read, the preamble, be the surrogate parent and treat the child as if they were the parent. But this parent, the institution, is definitely inflicting child abuse. What about the parents? You mentioned involving parents in the decision-making. What do you say about the parents?
Lana Charles: So the parents, they need help, and they may try to get that help with the court. That’s alarming that you would have to go to court in order to get the help that you need within your community. But that is the mindset, that the court will solve it. This is how we get what we need within the community. But not so. That’s not truly how you get what you need, by going through the court system. Because it’s so evident here in our community in New Orleans, there’s not enough front-end investment in kids. If we did have that, likely the parents won’t be showing up at court saying, lock up my kids. Right?
So there has been little to no investment in kids before kids are exposed to the system. So the parents are doing as much as they can. And not all parents, it’s not everybody’s experience. I don’t want to say it’s everybody’s experience. But for those who need the extra assistance, it’s a requirement that we make more investments in the kids, in the community. So we gotta get ahead of the exposure and make initial investments in our kids, got to get ahead of the game.
So once a child enters the system, there is an investment. It’s just in security, not rehabilitation. The investment is in punishment and not rehabilitation. So at this point, we are trying to make due of a crisis that’s out of hand. It’s all out of hand at this point. So in New Orleans, the investment is less than $1 per day for children. That’s alarming.
Mansa Musa: That’s crazy.
Lana Charles: That is alarming. Yeah.
Most of our kids are dealing with post-traumatic stress disorders. Our Orleans Parish School System reported that 60% of their students, the children, have PTSD and are 4.5 times more likely than their peers nationwide to show signs of serious emotional disturbance. So lots of our kids are living life with these events that have happened within their lives and not getting the support that they need in the community or right along with their parents. So it’s like, where are we investing our money?
Mansa Musa: Therein lies is the problem, because if you invest the money into the community and you create the network, such as dealing with y’all and other organizations that’s grassroots organizations out there dealing with social conditions and changing attitudes, then the parent would be less likely to rely on the establishment and law enforcement and this brutal system to change their child, because they would see the lack of investment. So this is where the problem lies at. The state of Louisiana, all states are investing in the prison-industrial complex, the preschool prison-industrial complex, the juvenile institution, the adult prison-industrial complex, the major facilities.
But Lana, you have the last word on it. What do you want to tell our audience, and what do you want our audience to take away from these events that’s going on in Baton Rouge and in Louisiana, and in general?
Lana Charles: In general, yes. I think that there’s just too little attention paid to trauma and the causes of behavior. The youth who enter the juvenile system are the most vulnerable kids in our communities. So instead of getting the support that they need, they’re often deprived of necessary care and education and those attachments that they need with their families, which we know it’s critical to their rehabilitation. So that would be something that needs to change, definitely needs to change. We need to be more trauma-informed mindset, think with that in mind, that that is the necessary need. And not take it lightly with past experiences.
For an adult, an adult may be able to fall on the ground, pick up, and go about they business. But a child cannot do that, and it’s important for us to not see them as adults or mini adults, they’re children. You may feel like they’re adults by the situations that they’re putting themselves into, but that’s only because of the environment that they’re living in. That’s because of the community that is around them, that is surrounding them. They’re being influenced by that. So it’s important for an adult to realize and not get confused by roles. You have to remember, these are children. And don’t hold them accountable in a sense where you can’t hold yourself accountable.
We’re the ones in charge. We’re the ones that have the capacity, the money, the opportunities to make changes happen. So with all of that authority that we do have, we have to utilize it a little bit better. We have to come together and get away with the bureaucracy of all of this that has been going on. So that would be my parting advice.
Mansa Musa: There you have it, the real news, saving our children. We’re talking about children here, 10-year-olds and upward. We’re not talking about adults. As Ms. Charles just outlined, an adult can pick themselves up off the ground, make the mental adjustment, and keep it moving. A child is scarred for life. When you take a child that just needs to be given some sympathy and understanding and be empathetic towards, when you take a child and belittle them and lock them up and put them in shackles, isolate them, and expect them to act any other way than inhuman or savage or whatever way you characterize them after they’ve been subjected to this, then something wrong with you for even thinking that you treat them like this here and they going to come out any other way than the way that they come out of.
We have a moral obligation. This is not a social obligation, we have a moral obligation to take care of our children. If we do this to children anywhere else in the world, this country would be calling it child abuse. This country would be up in arms about the way children are being treated. If you sold pictures of children being shackled to a bed or talking about sending children to a concentration camp or DACA or Auschwitz at this time and day, everybody would be in an uproar. But we’re talking about the same type of mentality of treating our children the same way.
Thank you, Lana, for coming in and educating our audience on this, and enlightening us about the tragedy that’s taking place and that’s being inflicted on our children in Louisiana. Thank you very much.
Lana Charles: Thank you so much for having me.
Mansa Musa: We want to encourage everyone to continue to support Rattling the Bars and The Real News. As you’ve seen, this is the real news. You’re not going to get this kind of insight from nowhere else in major news networks. Nobody going to come and tell you about the children being abused. Nobody going to come and tell you about misappropriation of monies that could go towards curbing this problem. Nobody going to come and tell you about how this is basically premeditated on the part of the state. Nobody going to tell you this but us. We ask that you continue to support us and continue to make contributions and donations to The Real News and Rattling the Bars. Thank you.
Editor’s note: This video was recorded prior to Ray Liotta’s passing.
Police Accountability Report show hosts Taya Graham and Stephen Janis kick off the holidays with a spoilers-free review of the exceptional film Cop Land. Taya and Stephen take a tour behind the scenes of police culture and explore how difficult it really is for individual officers to hold other police accountable for their crimes. Decades later, Cop Land remains one of the most revealing and honest movies about the current state of policing in America. As copaganda only becomes more pervasive, this blast from the past is a breath of fresh air that offers a more realistic look at the commonplace corruption and impunity rife in police departments around the country.
Studio: Taya Graham, Stephen Janis Post-Production: Taya Graham, Stephen Janis
Transcript
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’re going to do so by striking back at one of the key enablers of bad policing: Copaganda. That’s right. The movies and popular culture that tout police as underpaid heroes who dutifully enforce the law, which is sometimes true, but sometimes is not.
Well we’re going to do so by using a piece of popular culture that has long been forgotten but actually might be the best antidote to copaganda we have ever seen. It’s a movie called Cop Land, and we’re going to break down how this story of police corruption and mayhem is actually the most accurate and telling depiction of law enforcement in the history of Hollywood.
But before we get started, I want you watching to know that if you have evidence of police misconduct, please email it to us privately at par@therealnews.com, and please like, share, and comment on our videos. You know I read your comments and that I appreciate them. And of course you can always reach out to me directly @tayasbaltimore on Facebook or Twitter. And of course there’s a Patreon donate link pinned in the comments below, and we do have some extras for our PAR family. Okay. We’ve gotten that all out of the way.
Now, as we’ve discussed before on this show, American culture is awash in what we call copaganda. Movies and TV series that paint police not just as a savior of our democracy, but literally the human dividing line between good and evil. And that type of mythos has become more extreme as policing has expanded its grip on our country. Let’s remember American taxpayers fund police to the tune of $120 billion per year, a number that continues to grow. Meanwhile, even as the funding for police has increased in 2020, homicides have shot up by 30%.
My point is that if police were really the solution to crime and violence, then all the spending we devote to it should produce better results. And that’s where copaganda comes in. Because if you can’t deliver the basic underlying premise on which the entire institution is based, then you have to use other means to keep the dollars flowing. I mean, let’s remember that many of the stories we cover on this show are illustrative of the fact that police spend far more time writing bogus tickets and making unnecessary car stops than they do investigating serious crimes. And let’s not forget that we have reported time and time again how police abuse their powers even when there are clearly enumerated laws that are supposed to limit what they can do, but often don’t.
So as the godfather of modern propaganda and advertising Edward Bernays explained, the best way to convince people to accept bad policy is to use clever techniques to appeal to their emotions and make the worst appear the better cause. And no industry has done a better job at this task for American law enforcement than our prodigious American culture industry. I mean, it’s not just how these shows portray cops; Always honest, hardworking upholders of civilization. It’s also how many darn cop shows there are. I mean, it’s almost like no story can be told about us unless it’s through the eyes of a cop. Take, for example, a show produced in our hometown in Baltimore called The Wire. The Wire is often touted as an auteur’s honest take on the intersection of poverty, politics, and policing. A riveting deep dive into the realities of a crumbling urban core.
But don’t you think it’s odd that the entire narrative of the series is told through the eyes of the police? I mean, isn’t it strange that the primary characters of the show who explore urban decay have a badge and a gun? I mean, it seems a little strange that police have become the primary narrator of our lives. But of course that’s why in this show we’re going to review a movie that actually gets policing right. A film that has been relegated to the dustbin of history, but actually depicts the true imperative of contemporary policing better than any piece of popular culture we know of. It’s called Cop Land. A movie starring Sylvester Stallone who plays a small town New Jersey sheriff in a town that is quite literally owned by the cops with a stellar cast, including Robert De Niro, Ray Liotta, Harvey Keitel, Michael Rapaport, and Robert Patrick. It was released in 1996 and it opened to mixed reviews and meager box office success. But like many pieces of great art it has gotten better with age and become more relevant now than ever when it first hit theaters more than 25 years ago.
That’s because the film does something many films do not, which is to reveal through expert storytelling the underlying forces that drive the problematic law enforcement-industrial complex we live with today. And the film accomplishes this goal not by proselytizing, but instead reveals these truisms through complex characters, expert acting, and a riveting narrative. And to show you exactly how this film accomplishes this and also contradicts the aforementioned copaganda, I’m joined by my reporting partner, Stephen Janis. Stephen, thank you so much for joining me. Stephen? Hold on. I think we’re having a technical problem, but you know, Stephen does spend an awful lot of time outside and some people are even concerned that we just leave him out there. So to be nice for the holiday season, just this once, I’m going to go get him.
Stephen Janis: Taya, thank you for… Taya? Taya? Can you hear me?
Taya Graham: Hey, Stephen.
Stephen Janis: Huh?
Taya Graham: Surprise.
Stephen Janis: What?
Taya Graham: Just this once –
Stephen Janis: What are you doing here?
Taya Graham: You can come inside.
Stephen Janis: You’re going to let me… I really feel much more comfortable being outside.
Taya Graham: Look, there have been some requests from our kind viewers who are a little bit worried about you, and they said you should come inside, just this once for the holidays.
Stephen Janis: All right. Great. I guess I’ll do it. Sure. Why not? I’ll see you guys later.
Taya Graham: Come on in.
Stephen Janis: Okay. Oh, we’re going –
Taya Graham: Come on over.
Stephen Janis: Okay. You want me to sit here?
Taya Graham: Right here.
Stephen Janis: All right. This is just weird. I’m sorry. I’m just not used to being inside.
Taya Graham: I know.
Stephen Janis: I know it seems a little strange, but I spent the past year outside.
Taya Graham: That’s true.
Stephen Janis: So being inside is a little weird.
Taya Graham: I don’t want him to get used to it. This is a one time deal.
Stephen Janis: Okay.
Taya Graham: So let’s set the scene for Cop Land. Sylvester Stallone is the sheriff of the small town in Garrison, New Jersey, just over the George Washington Bridge. And let’s listen to Robert De Niro, who plays Moe Tilden, talk a little bit about what Cop Land is.
[VIDEO CLIP BEGINS]
Robert De Niro: Back in the seventies, every cop wanted out of the city, but the only cops allowed to live outside New York were transit cops because the Transit Authority was also run by Jersey and Connecticut. So these guys I knew at the 3-7, they started pulling overtime at subway stations and got the city to declare them auxiliary transit cops. They bought some land in Jersey, got some cheap loans from people they knew. They made themselves a place where the shit couldn’t touch them.
[VIDEO CLIP ENDS]
Taya Graham: So there’s this arrangement that’s alluded to but is not fully discussed. It gives us the idea that perhaps there’s something more sinister behind Cop Land, right?
Stephen Janis: Right. Because what basically Moe Tilden tells us, or what we learn later on, is that this town was sort of bought and paid for by the mob, so that those cops that got out of New York would allow them to run drugs through that neighborhood, which I assume is in the Bronx. But nevertheless, the point is that there’s a separation between the police and the community. And not only do the police leave the community but they also use the community to finance their little suburban paradise in utopia. So it sets up a very interesting premise. We don’t know this at first, but it’s kind of alluded to that they got themselves out, they were working as transit cops. They kind of game the system but also separate themselves from the community that they were supposed to serve which is, I think, a big, big theme in American policing right now.
Taya Graham: Absolutely. Now, one of the things that is so extraordinary about this movie is how many times police officers actually commit crimes during this movie. So we have our sheriff, our hero, Freddy Heflin, who, one of the first acts we see him do is, he’s in a bar playing pinball. He runs out of quarters, so he breaks into a parking meter to help himself, right?
[VIDEO CLIP BEGINS]
Sylvester Stallone:[Sound of coins falling] Shit. Dammit. [Coins clinking together]
[VIDEO CLIP ENDS]
Stephen Janis: Yeah, no, it’s an extraordinary sort of casual event. Ray Liotta, who’s one of his friends, is watching him and kind of chuckling, when really he’s committing misconduct in office clearly. Clearly you can’t, as a cop, just help yourself to a parking meter, but it kind of sets the tone for the movie because he says, you know what? There’s different rules for us. If I need quarters for my pinball machine, I’ll just go into a parking meter. I think it’s a really important, it’s subtle, it’s small. But at the same time, it speaks volumes about how Cop Land is run and how laws are one for cops and one for everybody else.
Taya Graham: Okay. So a big scene that moves the movie forward is when Michael Rapaport, who plays the character Super Boy, is driving along – And he may have actually been intoxicated during this drive, but we don’t know for certain – But he is driving along and he ends up in a hit and run situation with two other gentlemen in a car. He ends up shooting those two unarmed young men. Let’s take a quick look at what happens.
[VIDEO CLIP BEGINS]
Michael Rapaport: [Music playing on radio][car crashing, tires screeching] Oh fuck.
Radio Announcer: …Angels today. Chili Davis had two run homers from either side…
Michael Rapaport: Hey! Pull over. NYPD, pull over. Hey, you hear me? Pull over. [tires screeching, car crashing] Fuck, shit. [gunshots] Fuck, cocksucker. [tires screeching, car crashing]
[VIDEO CLIP ENDS]
Taya Graham: All right. So Stephen, what’s happening here and why is it so important?
Stephen Janis: Well, this is really the conflict that sets up everything that cascades from it. And when Super Boy’s car is hit, he thinks that these young men are shooting at him, but all they have is a tire iron. So then the scene that evolves on the bridge is really, really illustrative, because after he shoots and kills these guys it’s like the sort of mechanisms of policing all jump into action. And you have the union rep, both union reps are on the bridge, including Harvey Keitel. Who immediately says, oh, I’ve got a gun in the trunk and we’ll plant the gun. One of the cop friends of Super Boy plants the gun and then all chaos breaks out.
So what’s interesting is you see how police protect themselves. First of all, you can’t just shoot someone running away from you. Even if they hit your car, get their license plate. But he shoots them. After he kills them, then they go into another coverup. Rather than investigating this properly they literally start a cascade coverup where, as you know, Super Boy jumps off the bridge.
Taya Graham: Now, what I thought was really interesting is that when Super Boy finds out that he has killed two young men, the first thing he says is, they’re going to take my shield.
[VIDEO CLIP BEGINS]
Michael Rapaport: [crosstalk] Take my fucking shield away from me.
Speaker 1: Hey, put it down, chico.
Speaker 2: Chico this, motherfucker. What?
Speaker 1: Frankie, don’t be starting anything.
Speaker 2: What the fuck you going to do? [crosstalk].
Speaker 1: [crosstalk] Oh my God. Oh my God, Leo. Jesus. He jumped, oh my God. Jumped. He jumped. Shine a light down there.
[VIDEO CLIP ENDS]
Taya Graham: Why do you think that is so important? I think this says so much that his first thought was not for the young men, but for his badge, his gun, and his authority.
Stephen Janis: Well, it’s like the shield is like a barrier, right? It’s literally a shield. It’s like a social shield. It says, I’m not going to be… I can’t be part of the regular population where I have to follow the rules of everybody else. I can’t just be a normal citizen of this city. I’ve got my shield. And I think that’s really great that you brought that up, because it’s a very interesting word. He didn’t say, I’m going to lose my job, or I’m going to go to jail. I’m going to lose my shield. And I think that’s a metaphor, an effective metaphor, for what it means to be a cop in Cop Land and in New York in this movie.
Taya Graham: So one of the things that we promised at the beginning of this is that we were going to talk about how copaganda works and the strange way that crime, or what our idea of crime is, is normalized and set by law enforcement officers. Stephen, maybe you can talk a little bit about this effect.
Stephen Janis: Well, one of the things really interesting is that when you start getting into the movie, and you see Super Boy jump, and you see Sylvester Stallone break into the parking meter, and you see the gun pulled out and planted, and you see crime after crime, after crime. And you start realizing that in this world of policing that’s just the way things are. They’re not cognizant. It’s not like someone says, oh, don’t plant that gun. That’s a crime. Or someone says, hey, Freddy, Heflin, stop taking the quarters. And of course, Sylvester Stallone’s character gets into an accident just shortly after that. And he’s trying to come up with excuses. He said, what did you tell the people down at the station what happened? And let’s just watch that for a second, because it’s very revealing.
[VIDEO CLIP BEGINS]
Sylvester Stallone: What’d you tell Lenny about the accident?
Speaker 3: Chasing the speeder.
Sylvester Stallone: What?
Speaker 3: Sheriff was chasing the speeder.
Sylvester Stallone: [scoffs]
[VIDEO CLIP ENDS]
Stephen Janis: So of course even this sort of everyday sheriff is in on this… Freddy Heflin or Sylvester Stallone’s character is not immune to this sort of feeling of… He didn’t say, you know what, that’s not true. I wasn’t chasing a speeder. I was a little intoxicated and hit a deer. He’s like, oh, okay. And I think it’s really interesting because when we talk about policing this country and the scene we talk about being one set of laws for police and one set of laws for the rest of us. I think this sort of tells you, or shows, gives you a sense of how that culture develops and how it becomes sort of calcified in policing. Yeah.
Taya Graham: Now one thing that I thought was also interesting, and this is when the plan is that Super Boy allegedly jumps off this bridge. When you mentioned how one of the officers ran to immediately plant a gun in order to make Super Boy’s assailants look dangerous and as if they deserved to be shot. There was an EMT there, and the EMT stood up to the police officers and said, you’re planting that gun. You can’t do this. And the EMT does something amazing. Let’s watch.
[VIDEO CLIP BEGINS]
Speaker 3: We got it.
Speaker 4: Yo, yo, yo, yo. What the fuck are you doing, man?
Speaker 3: I found their piece.
Speaker 4: Found their piece?
Speaker 5: Oh Jesus.
Speaker 4: That wasn’t in there.
Speaker 3: What do you mean it wasn’t in there? It was underneath the floor mat.
Speaker 4: Bullshit, man. You can’t do that.
Speaker 1: – Come on. Shut the fuck up.
Speaker 3: Do what? It was underneath the fucking floor mat. [crosstalk].
Michael Rapaport: Take my fucking shield away from me.
Speaker 1: Hey, put it down. Put it down, chico.
Speaker 2: Chico this, motherfucker.
Speaker 1: What?
Speaker 3: Frankie, don’t be starting anything.
Speaker 2: What the fuck you going to do?
Speaker ?: Kiss my ass.
[VIDEO CLIP ENDS]
Taya Graham: Now, when I saw this scene, I couldn’t help but think about all the times that I read about EMTs being pressured. For example, in Colorado, EMTs have been pressured to administer ketamine to suspects, perhaps against their own better medical judgment. They’ve been influenced by the police to do so. And there have been other instances where I know EMTs have been asked to turn their heads and not see what’s going on. What did that scene say to you?
Stephen Janis: Well, that scene said to me that that’s not a normal EMT because I mean it was… But it also, I think, demonstrated that there was a tension, existing tension. You had two African American young men, you had an African American EMT. He was very conscious of what was going on and he wasn’t going to stand for it. And I think he was very frustrated by what he saw as a corrupt police force sticking up for itself. And I think that frustration boiled over pretty early. And I think it was a very interesting scene to say that this type of corruption affects the community. Right away, we see the community represented there saying, hey, what are you doing? And I think that’s a very important scene because you’re so in this insular Cop Land world, like I said, everything’s upside down. But in this case, we saw the community pushing back.
Taya Graham: So now we know for certain that Super Boy did not jump off the bridge, and it is part of an elaborate coverup being created by these cops. And this is where the crimes that these officers commit really begins to accelerate. And there’s a scene with one of my favorite actors, Robert De Niro, and he’s playing an internal affairs officer, an officer who is tasked with investigating the wrongdoings of other cops. There’s an interesting scene where he approaches Freddy Heflin, the Sylvester Stallone character, and explains to him why they have to investigate.
[VIDEO CLIP BEGINS]
Robert De Niro: My jurisdiction ends, in a sense, at the George Washington Bridge. About half the men I watch live beyond that bridge where no one’s watching.
Sylvester Stallone: I’m watching.
Robert De Niro: I can see that. You got a crime right here of about what?
Sylvester Stallone: Lowest in northern New Jersey.
Speaker 5: Yeah. You got Hoboken and Jersey City over here. Newark.
Sylvester Stallone: Well, we try to do a good job with what we have.
Robert De Niro: With a staff of three? No, sheriff. What you got here is a town that scares the shit out of certain people.
Sylvester Stallone: Lieutenant, I told you, I’m watching. I mean, if you look around you see none of these people are wearing silk shirts. Their pools are above ground. You know? You know, you raise your family somewhere decent, I guess that’s a crime now.
Robert De Niro: We buried a suit today. That doesn’t bother you?
Sylvester Stallone: He jumped off the GWB.
Robert De Niro: Yeah, but his body never hit the water. That doesn’t bother you? What does? That I investigate cops? Being a man who always pined to be a cop?
Sylvester Stallone: I am a cop.
Robert De Niro: Pined to be NYPD. Three, four saps in 10 years. Appeals of hearing tests. Right? You may be law enforcement, and so am I, but you are not a cop. Now I may watch cops, but tell me if I’m wrong. Every day, out these windows so do you. You watch cops too. And since we are both law enforcement, we share a duty. Do we not? If there is a stink, we must investigate. We must gather evidence because evidence makes us see the truth. Is this a stink of a criminal act or is it a turd in a bag? Babitch isn’t dead. You know that and I know that. Ray got him off that bridge alive before he could talk. But he wasn’t so lucky the last time when the shit hit the fan with Tunny. That boy he took care of later.
Robert De Niro: But now what? What does Ray do now? That’s the $64,000 question. And that’s why I’m here. That’s why I’m here, sheriff. Because you’re on the inside. And besides the church traffic and the cats in the trees and all that other bullshit, okay. There isn’t much here for you to do to keep your mind busy. But I look at you, sheriff and I see a man who’s waiting for something to do. And here I am. Here I am saying, sheriff, I got something for you to do.
[VIDEO CLIP ENDS]
Stephen Janis: Taya, I love this scene because, I think, it’s where the rubber meets the road, where Sylvester Stallone has to make this weird decision. To actually enforce the law, he has to betray law enforcement in some ways is what Robert De Niro… And then Robert De Niro kind of says, you got nothing going on in your life. You might as well do something exceptional with it. Here I am. I think no other actor could pull that off. But I think what’s extremely important about this is the fact that Sylvester Stallone’s choice is A, do I stick with my law enforcement friends, or B, do I betray them by actually investigating a crime which has become a citywide thing. Yeah. And so how do you feel about Robert De Niro’s performance there?
Taya Graham: Okay. First off Robert De Niro’s performance was, as usual, exceptional. But I think what was really interesting is the way that it was set up as if it was going to be a betrayal. If Freddy Heflin helps him investigate these cops, who are committing a crime, it’s somehow a betrayal. It’s somehow a betrayal of their oath, it’s somehow a betrayal of the blue brotherhood. And that’s what I found really interesting, because I thought the task of a law enforcement officer is to enforce laws wherever they’re broken and wherever that is found. So I thought that had a… It was a really interesting conundrum.
Stephen Janis: That’s a really great point. He says their pools are all above ground. They don’t wear silk shirts. I guess it’s a crime to raise your family someplace nice. That is so manipulative. That’s perfect copaganda.
Taya Graham: So I think the way that the police officers in this movie perceive internal affairs is really interesting. There’s a moment where the character played by Harvey Keitel, Ray Donlan, says this.
[VIDEO CLIP BEGINS]
Harvey Keitel: Hey, Moe.
Robert De Niro: Hey, Ray. Sorry to hear about your nephew.
Harvey Keitel: Yeah, he was a good kid. We were up all night with him. I know you need to talk to me. I’ll come in next week sometime. How’s that? Jackie here is coming in early for you tomorrow.
Robert De Niro: Right, Jackie. Moe Tilden.
Speaker 6: Hey.
Robert De Niro: Moe Tilden.
Harvey Keitel: [inaudible] Moe here was my classmate at the academy back in the day. Before he fell in love with this redhead at IA and transferred.
Robert De Niro: Is that how it went, Ray?
Harvey Keitel: So what brings you to our fair city? Checking up on us?
Robert De Niro: I heard it was a way of life out here. Thought I’d check it out for myself.
Harvey Keitel: What are we, like the Amish now?
Robert De Niro: See you tomorrow.
Harvey Keitel: Fucking rat.
[VIDEO CLIP ENDS]
Taya Graham: So I think the scene says a lot about how police do not like to have anyone looking over their shoulder.
Stephen Janis: And how difficult it is to look over their shoulders. Because you’ve got veteran cops with a long history calling him a rat. I mean, he’s just doing his job, but no one likes to be investigated, but all the inner relationships to the police are made clear in this movie. Moe Tilden knows Harvey Keitel’s character from way back. It shows you sort of how entangled they are, how difficult it is to have an agency investigate itself. I think it’s pretty clear.
Taya Graham: So one thing I think the movie got really on target here was the way the police were able to feed a narrative to the media, and the media swallowed it whole and gave it out to the public. Let’s take a listen, and keep in mind, we know that Super Boy is alive. We know these other officers are committing crimes, but listen to what the public is being fed.
[VIDEO CLIP BEGINS]
Speaker 7: It was the system that drove Murray “Super Boy” Babitch off that bridge. Murray Babitch was a hero cop. He deserved a fair hearing, but he knew this would not happen. Not in this city.
Speaker 8: Activists Johns met the parents of the slain teens calling for a human blockade on the bridge tomorrow.
Speaker 9: A drunk cop jumps off a bridge but does not embrace the murder of two Black children.
Speaker 8: Attending the Yankee game, Mayor Ferelli responded to reports of cops attempting to plant evidence on the bridge.
Speaker 10: We are looking into it. There may have been some irregularity on the bridge, but as I say, [crosstalk] we are looking into it. No more comments, please. I’m here to enjoy the ball game with my wife. Thank you very much.
[VIDEO CLIP ENDS]
Stephen Janis: Yeah, Taya, I love the way that they’re all kind of sitting in the bar kind of chuckling, right? I mean, they’ve got this kid who supposedly jumped off a bridge, an entire investigation of the city and they’re all sitting in the bar, it’s kind of like, whoa, look what we did?
Taya Graham: Right? They’re in the bar.
Stephen Janis: Hugging, they’re kind of on top of each other.
Taya Graham: They’re literally celebrating while they’ve essentially fooled the entire city.
Stephen Janis: You make a really good point. We don’t notice any reporters driving out to Garrison, New Jersey, looking around for Super Boy. Everyone kind of, the mainstream media kind of swallows the narrative. And that is a really important point. Because if one reporter kind of drives out to Garrison and said, is he really dead?
Taya Graham: If one reporter had shown up to that bar to interview any of the officers about him, they might have actually seen Super Boy was alive.
Stephen Janis: But instead, as you point out, the narrative is a hero cop takes his life because he thinks the justice system is unfair to cops. That’s an extraordinary narrative.
Taya Graham: And it’s an amazing twist that the public was swallowing whole except for a few community leaders that we see in the movie.
Stephen Janis: Yep. Great point.
Taya Graham: So I think there’s a really important moment where the character Ray, played by Harvey Keitel who’s a union rep, essentially gets the entire investigation shut down with a single phone call. And Ray Liotta tries to explain to Sheriff Freddy why this is happening, why it was so easy for him to do it, and why it’s going to be so difficult for him to do an investigation. And I think this is one of your favorite scenes.
Stephen Janis: Yeah. Well it’s one of my favorite lines from the scene. Because I think it sort of embodies many, many types of things. You want to watch? Let’s watch it.
Taya Graham: Yeah. Let’s watch.
[VIDEO CLIP BEGINS]
Speaker 8: The New York Times is quoting one friend [knocking on door] of Royster as saying that the guy had an IQ of 160.
Michael Rapaport: I need your help. They’re trying to kill me.
Ray Liotta: Who?
Michael Rapaport: Who? My friends tried to kill me. Ray Donlan tried to kill me.
Ray Liotta: Shit. Holy shit. [footsteps] Speak of the devil. [running footsteps].
Speaker ?: Ray. Forget it.
Speaker 11: I don’t get this. This doesn’t make any sense. Why did you get Super Boy off the bridge and bring him back here to kill him?
Speaker ?: Ray had a plan. It got very fucked up.
[VIDEO CLIP ENDS]
Stephen Janis: I just like the way he says it.
Taya Graham: I know, Ray Liotta’s such a great actor.
Stephen Janis: He says, things got really fucked… Ray had a plan and it got –
Taya Graham: Really F’d up.
Stephen Janis: Well and the way he said it, kind of pauses. it got really –
Taya Graham: And that little chuckle that comes out when he’s saying it, it was just perfect.
Stephen Janis:Yeah. And I think it shows the absurdity of this kind of thing that Ray had conjured this plan. Did he ever think about how, what are you going to do –
Taya Graham: What are you going to do if he supposedly jumped off the bridge and committed suicide, what are you going to do when he’s alive?
Stephen Janis: Right. And which brings us a scene where not only have they committed the murder of two young men, not only have they covered up the murder, but then they try to murder Super Boy.
Taya Graham: Right.
Stephen Janis: Let’s watch.
[VIDEO CLIP BEGINS]
Michael Rapaport: I always said to my mom, Uncle Ray doesn’t like me, but…
Harvey Keitel: I always liked you, Murray. You just sweat too much.
Speaker 12: Hey, let’s do it. Hey, Super Boy.
Michael Rapaport: So what are we going to do now? I’m going to go meet some people. How does this work? I got all my bags packed and everything, Ray. I’m just, I’m a little buzzed. You know, maybe we could do this tomorrow or something. I’m really tired, Ray. Where’s Joey?
Harvey Keitel: He’s working tonight, kid.
Michael Rapaport: Yeah?
Harvey Keitel: Yeah.
Speaker 12: Sorry it came out this way, Murray.
Michael Rapaport: It’s not that bad, Jack.
Speaker 12: Yeah, it is, Murray. [crosstalk][sounds of drowning][motor revs][gunshots][shouting].
Speaker 13: What is this? What are you doing? What are you doing? What the fuck is this. Ray, you said PDA was going to set him up with a new life.
Harvey Keitel: You think I’m all that, Joey?
[VIDEO CLIP ENDS]
Stephen Janis: I mean, come on. You’re talking about multiple counts –
Taya Graham: How many counts of murder? So there’s a murder. There’s a conspiracy to commit murder. There is planting evidence. Then we have an attempted murder, an assault. I mean, it’s just mayhem. And I think actually, I’ve actually caused mayhem actually, that might be a crime too.
Stephen Janis: Well, yeah. I mean, it’s extraordinary when you think about it. If these guys had lawyers, they would be spending the rest of their life. I mean, the series of crimes that are committed by the time they try to kill Super Boy, and then they’re going to just dump him in the river so that someone can find him. I mean, that’s pretty ruthless.
Taya Graham: So this brings me to one of my favorite scenes with Ray Liotta. He is having an issue with the cops in the bar. He feels like they’re not keeping him in the loop, that they’re making these plans, and that they’re going to try to push him out. And they essentially say to Ray Liotta’s character, well, you do drugs, you steal evidence. And this is how Ray Liotta’s character responds.
[VIDEO CLIP BEGINS]
Ray Liotta: What is this, [inaudible 00:31:19]? Huh? Listen, if IA’s going to fucking hang me by the balls, it ain’t going to be over some fucking missing evidence.
Speaker 14: Figgsy. You’ve been a cop 12 years. Six grams missing. It’s not a white size violation, babe.
Ray Liotta: Come on.
Speaker 15: You bought that big old house. Maybe you’re trying to get out from under.
Speaker 16: Hey Jack.
Ray Liotta: What the fuck’s up your ass? You can tell me you’re getting by without gravy, any of you?
[VIDEO CLIP ENDS]
Taya Graham: So I thought that was really interesting because he says, Hey, isn’t there any, there’s nobody here that’s not getting by without some gravy. So think about it –
Stephen Janis: He didn’t mean gravy.
Taya Graham: No, he meant being on the tape, getting money.
Stephen Janis: Because they were talking about six ounces is not a white, six ounces of cocaine. That’s pretty expensive.
Taya Graham: Right. And he’s saying that all of you are getting some form of cash. All of you are somehow on the tape.
Stephen Janis: Taking it off of suspects, selling drugs, whatever. I mean…
Taya Graham: Right. It’s amazing. And the thing is that these officers, when they say it’s gravy, that’s a euphemism that I think helps keep some distance between the impact of their crime and the crime itself. They don’t have to admit to committing crimes because they’re the good guys that chase criminals. Instead they’re like, we just get some gravy. We just take a little money off the top. We just take a little money from the bad guys. We’re not actually doing anything wrong. And I think that euphemistic way of talking and thinking is really a point of psychology that’s very, very specific and very, very, it has a strong imperative behind it.
Stephen Janis: Well, he didn’t say, is anyone getting by without stealing. And the gravy sort of sounds like a tip or something. Something that is a –
Taya Graham: Just a little on the top.
Stephen Janis: We saw this in Baltimore and the police, when they would regularly take all this overtime. It was kind of like, we just deserve it. We don’t have to work it. There were lots of people, we had the gun trace task force, where they literally would say easy money. They would joke about getting overtime while they’re on vacation. But it was more, I think, entitlement. And I think that’s what you see with –
Taya Graham: That’s the word, that’s the imperative behind it.
Stephen Janis: What Ray Liotta is talking about. We’re entitled to this because we’re going into that horrible city. And when we go over there, we’re entitled to take whatever we want and it doesn’t matter. So I think that’s a great point, Taya.
Taya Graham: Okay. So there is another great scene where Ray Liotta and Sheriff Freddy Heflin, Sylvester Stallone’s character, are talking, and Stallone’s character is trying, is basically saying, well, I think I’m going to have to do this. I think I’m going to have to investigate these crimes. And Ray’s character gives him some advice.
[VIDEO CLIP BEGINS]
Ray Liotta: All right, brother’s in deep shit. He’s down, he’s bleeding and you’ve got to get there, but there’s lights, right? All over the city, red lights.
Sylvester Stallone: You go through the red lights.
Ray Liotta: Sure. You fire up the roof. You wail, you go through the red lights. But that’s slow, Freddy, fighting your way through traffic. The goal is perpetual motion. You turn the wheel when you hit a red light, right? You don’t drive down Broadway to get to Broadway.
Sylvester Stallone: But how does this apply to what you were saying?
Ray Liotta: It applies, Freddy. It’s just as easy to tail a man walking in front of him. Now you butt heads with these friends of ours, you’re going to come at them head on. They got lives, Freddy. Families. No, you move diagonal. You jag.
[VIDEO CLIP ENDS]
Taya Graham: So Stephen, you love this diagonal rule. Why don’t you talk a little bit about what you think this means?
Stephen Janis: Well, I think first of all, I think it means that Ray Liotta does a lot of coke during the movie.
Taya Graham: Oh my goodness. Whether it was Goodfellas or this movie, he plays someone on cocaine the best I’ve ever seen.
Stephen Janis: Makes one wonder. But I think what’s interesting about this is that Ray Liotta is saying you can’t confront this power. This power is so immense and it kind of gives you a sense of how powerful cops can be when they’re corrupt. Because there’s no way to confront them head on. You would think you could say, okay, they broke the law. We’re going to go and arrest them. And he’s like, no, Freddy, if you confront these people head on, these are cops. These aren’t, these are like the worst mob or the worst gangsters you’re ever going to confront. And in our own town, we saw that with the gun trace task force, who was robbing residents and a group –
Taya Graham: Dealing drugs and stealing overtime.
Stephen Janis: While the Department of Justice was in town investigating the department. So I think what’s important about it, when you have a force like this, like policing or people with guns and badges, who are going to say we’re going to do what we want to do. What Ray Liotta is saying in his coke-infused haze is, hey, you can’t come at these people. You’re going to have to find a way around this to be kind of sneaky and make this happen. And that is very illustrative of the power of a badge when it’s corrupted. It’s almost omnipotent, it almost has all power.
Taya Graham: Okay. So I hate to do this, but we are going to end the review here so that we don’t spoil the rest of the movie for you. And I hope everyone who’s watching this is inspired to go rent my favorite movie, and I’m sure it’s Stephen’s, Cop Land.
Stephen Janis: Yeah. And one thing I want to make sure is clear and sort of takeaway, we talk about how this movie is a metaphor for American policing as a whole. And I think what’s important is that there is an underlying premise of the movie, which is that these guys got cop land, they’re in Garrison, because the mob gave them loans, low interest loans to buy houses so that they’d let them run drugs. But what that really is to talk about is a relationship between elites, economic elites, sort of profligate capitalism, and policing, and how police sort of have this special relationship with the powerful, the rich, who they really police and who they… Not really police, but really protect. And it gives them, affords them a certain social status and a certain amount of economic security that the people they police don’t have.
Taya Graham: Right. Pensions, lifetime health benefits.
Stephen Janis: Overtime. Yeah, it’s amazing. I mean, we have so many cops in Baltimore making $100,000 a year that only have a high school education. You couldn’t get a job like that anywhere else. And so I think that’s what makes this movie a different kind of cop movie, because it’s really exposing the relationship. It’s not hitting you over the head with it. It’s saying, think about this. So these cops escape to a suburb, they all get houses. They’re really given a land of economic opportunity and utopia that cannot be afforded to the people they left behind in the Bronx. And because they have a special relationship with mob, which I think really is the economic elite to this country, and because of that –
Taya Graham: You could definitely call some of our uber capitalists members of a mob.
Stephen Janis: Right. In a sense, also an original sin, right? Because from that sin of not really being a part of the community, of being economically separate, they then commit a myriad of sins. They feel empowered to set the rules for themselves and break any law they want.
Taya Graham: And I just want you to know that if you have a favorite cop movie, please be sure to leave it in the comments for us, for us to discuss. And I might even post the list, I went through the movie and wrote down every single crime that I could find. I might post that as a little list. And if you see any crimes I missed, please let me know because I kind of love geeking out over this movie. So please feel free to do so.
So I wanted to thank you for joining us for our special end of the year PAR. We wanted to do something a little bit lighter for the holidays. And we also wanted to just say thank you to everyone that is in our PAR audience. We read your comments. We appreciate that you watch us because we know that it means that you really care about fairness in your community. We know that because we’ve read your comments, we’ve read your thoughts. And we know that the reason why police accountability matters so much to you is because you care.
Stephen Janis: And you want to make a better community.
Taya Graham: Absolutely.
Stephen Janis: And that’s why we do it. We want to do it because better policing means a better community, and you can’t give power to someone without holding them accountable. And that’s why we do what we do. And we appreciate the fact that you watch our show because it gives us the ability to report on this. So it’s very important. Now, Taya, do I have to go outside?
Taya Graham: You will.
Stephen Janis: Okay.
Taya Graham: You will have to go outside, but before we do, I just wanted to say, if you have any evidence of police misconduct or brutality, please feel free to email it to us privately ar par@therealnews.com. Of course, you can always reach out to us on Facebook or on Twitter at Police Accountability Report. On Twitter, it’s @eyesonpolice. On Instagram, it’s @PoliceAccountabilityReport. And of course you can always message me directly @tayasbaltimore on Facebook and Twitter. And please do like and comment on this video. You know I read your comments and appreciate them, and I’ll try to answer your questions if I can. I’m Taya Graham.
Stephen Janis: I’m Stephen Janis.
Taya Graham: And we are the Police Accountability Report. Please be safe out there and have a great holiday.
After spending multiple years socially distancing and taking other measures to mitigate the spread COVID-19, millions around the country have found a renewed appreciation for seeing and being with loved ones during the holiday season. For those who are locked away in prisons and jails, however, the dehumanizing separation from family, friends, and community will continue. Having spent 44 years as a political prisoner, TRNN Executive Producer Eddie Conway has an intimate knowledge of just how painful the holidays are for incarcerated people and why suicides, violence, and depression spike for prisoners this time of year. In this episode of Rattling the Bars, Conway and TRNN Editor-in-Chief Maximillian Alvarez have an open and emotional discussion about what it’s like to be locked up during the holidays and about the importance of doing what we can to help prisoners maintain contact with the outside world.
Eddie Conway: Welcome to this episode of Rattling the Bars. Since it’s the holiday season, we thought we would have a conversation about the impact of holidays on prisoners in the prison-industrial complex. Joining me today as an honor and a special guest is our editor-in-chief, Max Alvarez, of course. Max, thanks for joining me.
Maximillian Alvarez:Hey, Eddie. Thank you so much for having me on the show. It’s a real honor and a pleasure to be here.
Eddie Conway: Okay. Max, you talked to me earlier about what it’s like being in prison during holidays. Are you still interested in that?
Maximillian Alvarez:Yeah. I mean, it’s something that’s been on my mind a lot. I mean obviously I watch Rattling the Bars every week and we’re truly honored to be putting it on every week, and you and Cameron do such incredible work covering the violence and victims of the prison-industrial complex week in and week out. And obviously you yourself have a very intimate knowledge of just how brutal this prison-industrial complex can be. And I don’t know, I guess just, there were moments over the past couple of years where I think, for those of us who were kind of socially distancing or even quarantining ourselves, that may have been the first time people really felt that sort of distance and isolation from their families. I know that I personally, over the summer I saw videos that my family was sending of the family getting together in California. And I was looking at them and it felt like I was sitting on the moon looking at pictures of something that was just so far away that there was no way I could get back there.
And I mean, that’s not even close to the kind of isolation that prisoners feel on a day-to-day basis. And so, I just wanted to make sure that as we wrap up a really incredible year of work here at the Real News, as folks are perhaps heading back home to see friends and family after perhaps not being able to next year, that we all spare a thought for our… The folks who are locked away right now and who are kind of living deep in the gut of an incredibly brutal prison system completely separated from their loved ones and their communities. And I think it’s important for all of us to think about what that’s like, to think about what we can do to bring some semblance of humanity back to those who have had it ripped away from them in the prison system.
And so, I figured there’d be no better kind of chance than for maybe you and I to chat a little bit and talk to viewers about what that’s like. I mean, I know that there’s probably no way to communicate what it’s like, but I guess, if you were talking to someone who asked the question, what do you think people need to know about what it’s like being locked up around the holidays?
Eddie Conway: It’s interesting though, because of the pandemic I have been telling people, because people have cabin fever, they’re bored to death, they’re jumping out of their skin because they can’t have contact. Some of them are even so desperate now that they’re willing to even take risks to go to events. And I was telling them, that’s just a small fraction of what prisoners feel when they’re isolated in cells surrounded by strangers, because you’re never alone except maybe in solitary confinement and so on. But most of the time there’s people coming in, people going out, but there’s never really close friendships. There’s a few here and there. Then there’s a certain amount of macho-ism that goes with being a prisoner. You can’t show kind of weaknesses, you can’t show that you’re vulnerable to certain things, you can’t cry, you can’t even hug prisoners man-to-man. They might come up and do a manly hug and a slap on the back and whatnot.
But the most debilitating time of the year for prisoners is the holiday seasons because that’s the memories that they bring into the prison system from their childhood: The happy times, the good food, the grandma’s cooking, the presents, the interacting with families. All that’s taken away, and it’s taken away and it’s not replaced with anything. There’s no packages. Used to be Christmas packages, you could get stuff. There’s no special events during the holiday season because the guards are taking off their vacations and so on. So, most of the time you are locked in the cell, and so you don’t even get to talk to your family on a regular basis on the telephone. And the depression is so intense throughout the whole area that it creates a sense of doom.
Everybody’s sad. People that can get high are getting high. People that can get drunk, get drunk because they can make… jump study or whatever. People that have no recourse at all might go out and run the yard, or might do calisthenics all day. But the absence of relief that you get during the holidays with the family and friends and all that stuff, it’s so intense that every little incident is exacerbated. I’m angry. I’m mad. And so, it’s the transfer of hostility and it’s transferred because the oppression of the prison system doesn’t allow you to speak out and say we want this or we want that or so on. And so, we transfer it to each other. You bumped into me. Watch where you’re going.
But it’s really about the turkey. It’s really about mom and grandma’s cooking, but it translates like that. And so, you get not just violence but then you get a level of depression that leads to suicides. So suicides during this particular period. This is the worst time in the world to be in prison and be cut off and isolated from your family, because that’s the time that’s more depressing and people tend to opt out or to end their life, or get reckless.
Maximillian Alvarez:Right. Well, I –
Eddie Conway: So, it’s… Yeah. Yeah, Max?
Maximillian Alvarez:Well, I was just going to follow up on that because I know this is something that you have talked a lot about yourself, not only on this show but even when you were on the inside organizing, right? You were constantly bringing up the importance of maintaining some semblance of connection between folks on the inside and the outside because of what it does to you, the ways that it dehumanizes you, the ways that it almost turns you in and your soul starts eating itself, if you are completely cut off from the outside world. And that is something that you see happening, especially… It becomes very apparent in times like these where maybe in the past loved ones could travel to jails or prisons and touch their sons, their spouses, but now they’re behind glass or they can only talk to them behind these video phone calls.
I guess I just wanted to ask if you could connect that to what you’ve spoken about before of what it does to you as a person to be so thoroughly disconnected, even in the sense of being able to touch your loved ones, what that does to you?
Eddie Conway: Yeah, and I think I would kind of reinforce that a little bit because cards, letters, pictures, phone calls, or anything that you get during that time helps you kind of survive through that time. Because not only do you suffer the consequences of wearing uniforms and being a non-entity, and recognizing because of the 13th Amendment that you’re treated as a slave, but then you’re further dehumanized by the guards, by them coming in happy and joyous and celebrating and then, and talking and high-fiving each other and all of that. And you’re tucked away in that cell with nothing and no contact, no comfort. It’s really, I mean, that’s kind of like the final level of dehumanization, because you can’t even develop the memories that we need to have experiences with our family. In other words, holidays and those kinds of gatherings, that’s what we remember. Being with Aunt Lou or Cousin Billy or so on. We remember those experiences, but when you take those memories away then you have not just a blank slate of what’s going on with the family, you’re not part of it, but you’re not part of anything.
And so then – And in fact I just want to go a step further, because it’s important for people to reach out to their people while they’re inside. It’s very important to do that. But a step further is that it causes most people to try to make up for that lost time, and that’s what creates the recidivism. They go out and they try to catch up. They try to get the memories, the experiences, the resources, the stuff that they know that they missed for the last 10 years. And they try to get it within a year, and they end up running afoul and end up back in the prison system within a year or 18 months, and that’s 80% of the people that get released. But it’s the missing experiences. It’s the missing comradery with the family. It’s the missing good times that they remember that they’re trying to catch up. And you can never catch… They’re lost. They’re lost forever. You can’t catch them, that’s an empty hole. You have to bury them, and you have to put them to rest and move on.
But most prisoners don’t do that, and most prisoners end up suffering a big, empty space in their life, like 10 years. And they come out and they’re desperate to fill that space, and you can’t. So it’s long-term consequences, too. And so, I think it’s just very important for any and everybody that can reach out. It is through the glass now. It’s through the emails. It’s through, even when you send pictures you’ve got to send them certain ways. Even when you buy books you’ve got to send them certain ways. The prison-industrial complex, it’s getting rich off of this, but it’s important to keep your loved one, your family member, as whole as possible. That means you have to suffer some of that exploitation in order to reach out and to have that person whole, and have that person share as many family photos around the [inaudible] and that kind of stuff. It seems trivial, postcards. Even $5 in the commissary. It seems minor but it’s so important to that person in that cell.
Maximillian Alvarez:I bet. I mean, and like you said, the stakes here are incredibly high. I mean, I guess it’s not surprising, right? That this is the time of year where suicides go up, where, like you said, you take all that hurt and you turn it towards one another and so violence inside the prison goes up. And I guess, again, that’s just something I wanted to stress for folks watching and viewing. If you have it within you to please look for ways that you can, in some little way, help someone out, help them maintain that connection with the outside world, help them maintain that shred of humanity in a very inhumane system. And I guess, obviously, the overarching theme of Rattling the Bars is that we don’t need a kinder prison-industrial complex, right? The system itself is violence. It is perpetual violence. This is what it’s designed to do.
So we’re not saying, let’s do this as a sort of salve while keeping the system in place, but while that system is in place there are things people can do to, again, keep that sort of fire of humanity burning, however weak it is, and do something that may mean only a few minutes or a few dollars for you, but it’ll mean everything for someone on the inside. And so, I just wanted to kind of end up there, Eddie, and ask if you had any kind of final thoughts for people about what they could do and what that does mean for someone who’s there on the inside, and at the holidays like now.
Yes. And I’ve said it and you’ve said it. Reach out in any kind of way you can. Send a card, send a letter. If it’s an email system, email. Send money for the commissary. Send books. You can definitely send pictures. You have to go through some process. But try to reach out and make as many contacts as possible with your loved one. Encourage the family members to do the same thing. Every little bit helps. Every little bit lightens that burden of the massive depression that holiday seasons bring in the prison system. And you will hopefully bring somebody home that’s less damaged than the prison system intended to make them. Max, I want to thank you for joining me. Hope –
Maximillian Alvarez: Eddie, it’s always a pleasure, brother. Thank you so much for having me.
Eddie Conway: Okay. And thank you for joining this episode of Rattling the Bars.
An unnamed motorist was stopped by Baltimore County police, held at gunpoint, and manhandled by multiple officers before being arrested. Body cam footage reveals the motorist, who has requested anonymity, requesting multiple times to speak with a supervisor and know the crime he was being arrested for to no avail. Police claim the 60-year-old motorist was doing donuts in his car in a local parking lot. TRNN reporter Stephen Janis was unable to find any sign of skid marks at the scene, and further deduced that the area was likely too narrow for such activity. The police statement further reveals that the motorist was known to local police as a citizen watchdog, raising the question of whether this arrest was a form of political retaliation. Police Accountability Report reviews the available footage and the details of the case, as well as what this man’s ordeal can tell us about the police war against our civil rights.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
The transcript of this video will be made available as soon as possible.
EDITOR’S NOTE: The Justice for Kevin march will be taking place at 6:30pm EST on Wednesday, Dec. 7, at 4020 E. Lombard Street in Baltimore, Maryland, not on Thursday, Dec. 8.
Kevin Torres was beloved by his family and his community. After emigrating from Honduras decades ago, Torres built a life in Baltimore, where he and his wife ran a concrete and construction company, along with raising their family. In his spare time, Torres coached the Villanueva adult Soccer Team. On the night of Nov. 6, Kevin was out with family and friends at ChrisT Bar in Highlandtown celebrating his team’s victory in their league championship. But the festive atmosphere took a quick turn after a dispute over a missing cellphone resulted in an altercation involving the bar’s security guard. Kevin tried to intervene when the security guard began to argue with his stepdaughter. Moments later, Kevin was dead. As The Baltimore Sunreported, “The security guard told Baltimore Police he discharged his gun early Monday morning because Torres threw a brick at him. But three witnesses disputed that account… The security guard has not been arrested and officials declined to release his name.”
What really happened on the night Kevin Torres was killed at ChrisT bar? Why do these shootings at the hands of private security guards keep happening? And what can be done to secure justice for Kevin and his family? In this exclusive interview, TRNN Editor-in-Chief Maximillian Alvarez sits down with Sor Torres, Kevin’s wife, Erick Vicenty, Kevin’s stepson, and Kevin Medina, a close friend of the family.
A GoFundMe has been set up to help Kevin’s family pay for funeral costs, and the family and their supporters are planning a march to demand justice for Kevin on Wed, Dec. 7, at 6:30pm EST. The march will begin at 4020 E. Lombard Street in Baltimore, Maryland, and all supporters are invited to attend.
A flyer (with text in Spanish) including information about the Justice for Kevin march that will take place on Wednesday, Dec. 7, 2022, at 6:30pm EST. The march will begin at 4020 E. Lombard Street in Baltimore, Maryland, and all supporters are invited to attend.
Studio: Adam Coley, Cameron Granadino Post-Production: Cameron Granadino
TRANSCRIPT
The transcript of this story is in progress and will be made available as soon as possible.
This story originally appeared in Prism on Nov. 11, 2022.
Hours before dawn on Sept. 26, the incarcerated workers who run the prison kitchens across Alabama were slated to begin their shifts when they refused to take up their posts, kicking off one of the largest prison strikes in US history.
“Everything was electric from then on—[people] were excited and anxious for action,” said Antoine Lipscomb, a founding member of the Free Alabama Movement (FAM) who spoke with Prism Reports from Limestone Correctional Facility, one of the largest and deadliest prisons in the state, currently housing nearly 2,300 people.
Contrary to ADOC’s characterization that the strike has “ended,” incarcerated organizers describe the strike as having merely been paused.
The Alabama Department of Corrections (ADOC) classifies 14 prisons within the state as “major facilities,” and there are almost 17,000 people incarcerated in those prisons. In a highly unusual move, the ADOC publicly confirmed the strike action across “all major facilities in the state” on the very first day of the strike. Acknowledging a prison strike and its scope goes against the prevailing wisdom in prison administration. In 2018, leading up to the national prison strike, prison associations advocated the use of disinformation campaigns when dealing with prisoner resistance to manage the disruption and discourage further participation.
While acknowledging the strike, a spokesperson for the governor said the demands of the incarcerated strikers were “unreasonable and would flat out not be welcomed in Alabama.” The strike demands included:
repealing the habitual offender law
making presumptive sentencing retroactive
repealing the drive-by shooting statute
creating a statewide conviction integrity unit
developing consistent criteria for mandatory parole
streamlining processes for medical furloughs and elder release
reducing the minimum sentences for juvenile offenders
eliminating life without parole sentences
Advocates say far from being “unreasonable,” those changes would constitute a program of substantive decarceration. They would also address the unconstitutional overcrowding of Alabama’s prisons and increase opportunities for prisoners to return to their communities.
The work strike continued for three weeks in at least five prisons before prisoners in all facilities returned to work. While the strikers’ demands remain unfulfilled, organizers both inside and outside the prisons are encouraged by the strike’s organization and the mass support it received. Contrary to ADOC’s characterization that the strike has “ended,” incarcerated organizers describe the strike as having merely been paused.
“It will resume,” Lipscomb said, adding that incarcerated organizers and supporters are resting, regrouping, and discussing strategy. For many who participated in the strikes, future strikes or protests aren’t just vehicles for decarceration, they’re also about survival and the possibility of life beyond incarceration.
Striking against despair
Long before three strikes statutes became popularized during Clinton era in the ’90s, Alabama’s version, the 1977 Habitual Offender Law, drew the ire of academics and correctional facilities staff in 1985, who argued life without parole sentences removes “all incentive for good behavior,” and fuels “frustration and rage, which in turn produces prison riots and threats to staff.” Currently, 75% of prisoners sentenced to die in Alabama prisons under the Habitual Offender Law are Black, despite Black people representing less than 27% of the state’s population.
One of the key motivations behind widespread strike participation is the state’s draconian parole board. In a recent interview with the Montgomery Advisor, organizer Diyawn Caldwell said, “More people are coming out in body bags than they are on parole.”
Relatedly, one of the key motivations behind widespread strike participation is the state’s draconian parole board. In July, more people died inside Alabama prisons than were granted parole. This year, the Alabama parole board has revoked parole in 67% of hearings, a rate over six times the rate that it has granted it. According to ADOC data, their rate of granting parole has fallen from 54% of eligible prisoners in 2017 to 6% this past August. In a recent interview with the Montgomery Advisor, organizer Diyawn Caldwell said, “More people are coming out in body bags than they are on parole.”
Advocates believe that while individually, the changes demanded by the strike might have minimal impact on the state’s incarceration rate, together they would provide thousands of prisoners expanded avenues toward release. Crucially, the strike is an attempt to combat the despair that comes from indefinite incarceration with no foreseeable path to freedom.
According to prisoners, that despair is an essential ingredient to the violence and drug use that make Alabama’s prisons the deadliest in the nation. Amid six years of scrutiny, the DOJ describes confinement in ADOC prisons as “constitutional deficiencies.” That scrutiny, however, has produced no tangible improvements. The death rate in Alabama prisons has more than quintupled since 2005, from 33 deaths in 2005 to 173 in 2021.
The methods Alabama state officials used to repress the resistance of the strike further illustrate how incarcerated people suffer at the whim of the carceral system. Family visitation was canceled, prisons implemented new “security measures,” the Corrections Emergency Response Team (known inside as riot squads or goon squads) was deployed, prisoner activist Robert Earl Council, aka Kinetik Justice, was placed in solitary confinementagain, and ADOC used the strike as a pretext to reduce the number of meals.
Officials claimed the shift to two cold meals per day in major male facilities was logistical, arguing without the prisoner labor force, they lacked the workers to cook for three meals a day for nearly 23,500 people. Prisoners called the practice “bird feeding,” an attempt to starve prisoners into submission. Prisoners argued these meals did not meet the needs of prisoners with dietary restrictions and medical conditions, putting more lives at risk. ADOC also put out a statement about the health of a prisoner named Kastello Demarcus Vaughan to refute allegations of medical neglect.
Under these circumstances, incarcerated organizers say that a widespread strike and their demands shouldn’t come as a surprise.
“You’re looking at individuals finally [coming] to the realization, ‘Hey, I’m gonna die in here,’” said K. Shaun Traywick, aka Swift Justice, who is currently incarcerated at Fountain Correctional Facility. “Once they hear it enough, once they see it in the actions of ADOC and the parole board and society, they finally realize maybe it’s best that we [strike]. Maybe it will make a difference.”
New developments in the prison strike era
Local news in Alabama referred to the strike as “an unprecedented move” by incarcerated people. While the duration, discipline, and scale of the strike are monumental developments in the prisoner movement, the strike in fact is an extension of many similar actions in recent years. Prisoner resistance, including work and hunger strikes, boycotts, and other forms of organized disobedience like “sit-downs,” have a history as lengthy as incarceration itself. In the US this is most well chronicled in the captivating and tragic story of the Attica Rebellion and the massacre that ended it.
Prisoner resistance, including work and hunger strikes, boycotts, and other forms of organized disobedience like “sit-downs,” have a history as lengthy as incarceration itself. In the US this is most well chronicled in the captivating and tragic story of the Attica Rebellion and the massacre that ended it.
The Georgia prisoner work strike of 2010 is frequently cited by today’s incarcerated organizers as a point of origin and source of inspiration for a new phase of prisoner resistance. Strikers released their demands to state prison officials and the press, including the demand that workers be paid a living wage, noting that prisoners in Georgia received no wages, which they argued violated the 13th Amendment’s prohibition on slavery and involuntary servitude. This demand would later be adapted to the movement to abolish exception clauses to anti-slavery statutes. That push has been embraced by many legislative advocates, but has yet to lead to any decarceration or changes in labor practices.
As The New York Times noted, cell phones had already been in prisons for some time, but this was the first known example of incarcerated people using them to coordinate resistance across different facilities. They also became a critical tool in circumventing the prison system’s ability to monitor and prevent their communication, not only to each other, but to the general public and the press, often via social media.
The following year, people who were incarcerated in California’s supermax Pelican Bay State Prison went on massive rolling hunger strikes that eventually grew to over 30,000 prisoners in the state through multiple phases over three years. Incarcerated organizers facilitated an agreement to end hostilities inside the prisons and mobilized a large outside group of families and advocates in solidarity. Strikers raised multiple issues, but key among them were California’s practice of indefinite solitary confinement, especially for those it classified as “gang members,” and its “debriefing” process, which required prisoners to provide information on “gang activity” to secure their release from solitary. The UN has described solitary confinement for 15 days or more as torture, and prisoners argued this practice amounted to torture with inadequate pretext toward due process or avenues for redress.
While the outcomes of those strikes and the related successful lawsuit have been varied, complex, and partial, the strikes provide a powerful example of how dynamic inside-outside action can shift policy and practice, potentially opening up new contradictions and arenas of struggle against the carceral system. For instance, FAM has adopted many tactics and lessons learned from the Georgia work strikes in their efforts. In 2014, incarcerated organizers mobilized twostrikes in Alabama, the larger of which led to the shutdown of two facilities—St. Clair and Holman—which at the time incarcerated roughly 2,400 people. Additionally, FAM released “Let The Crops Rot In The Fields,” a manifesto that would inspire the coordination of national prisoner strikes, the first of which was led by FAM in 2016 and supported by the fledgling inside-outside solidarity organization the Incarcerated Workers Organizing Committee of the Industrial Workers of the World (IWOC-IWW).
The 2016 national prison strike saw “[l]ockdowns, inmate suspensions, and full-unit strikes lasting at least 24 hours were reported at 31 facilities,” which housed approximately 57,000 incarcerated people across 24 states, according to Shadow Proof’s Brian Nam-Sonenstein. Repressionagainst the strike was widespread. The following year Jailhouse Lawyers Speak, a group of incarcerated paralegals and human rights advocates who organize nationally, launched a Millions for Prisoners Human Rights March with support from outside organizations. Prison officials in Florida were so concerned about solidarity action inside that they locked down the entire state’s nearly 100,000 prisoners. The march was followed by Operation PUSH in 2018.
Since 2018, outside organizations have taken different directions, some more focused on politicization and building infrastructure. The most frequent acts of resistance by incarcerated people have taken place on more local and regional scales against conditions that local authorities can directly address. While those efforts have seen some victories, there hasn’t been a widespread state-wide or national incarcerated-led campaign over the last four years.
Tactics of strike repression
It has been precisely those workers with the most to potentially lose from participating in the strike who had the most impact. Many of those workers controlled the essential duties of social reproduction inside—cooking, cleaning, trash removal, laundry—which enabled them to shut down the entire Alabama prison system.
In the wake of the 2016 national strike, incarcerated organizations like Jailhouse Lawyers Speak raised concerns about the efficacy of work strikes as a sole tactic in galvanizing collective action among prisoners. Having a job can significantly affect someone’s circumstances during incarceration. Labor arrangements within prisons vary from state to state, and in some states, it is quite rare for prisoners to have jobs. Imprisoned organizers have noted instances in which prison administrators exchange certain sets of privileges with jobs, such as better housing situations, greater freedom of movement, greater access to commissary or phones, and perhaps more time outside. Stevie Wilson, who is currently incarcerated in Pennsylvania, and former political prisoner James Kilgore point out that the precarity of jobs inside and enticement of special privileges make it even more difficult to convince incarcerated people to sacrifice those jobs and act in solidarity with strike efforts.
Additionally, incarcerated people in some form of solitary confinement don’t have jobs, which means they can’t materially participate in a labor strike. The 2018 national strike addressed this issue by expanding the tactical repertoire of resistance to include commissary boycotts, acts of protest like “sit downs,” hunger strikes, and labor strikes. While this may have enabled more prisoners to participate, it can also potentially make strike participation less legible to the media, and it can be easier for public officials to deny and repress the strikers.
Since 2018, organizers have discussed the possibility of additional major prison strikes, but amid concerns that there may not be enough support to swell into collective action, they have not come to fruition. Swift Justice said that he had initially stepped away from organizing for the most recent Alabama strike, quoting the definition of insanity often misattributed to Albert Einstein, “Doing the same thing over and over and expecting different results.”
Despite the pessimism around strike participation and support, the Alabama strike among incarcerated workers defied expectations and was strongly reflected over social media and local news over the past month, often with the hashtag #ShutdownADOC2022.
Swift Justice works in a so-called “honor dorm” in ADOC, a prison space that some have characterized as inhospitable to collective protest organizing, and was shocked by the level of solidarity and commitment he’s seen by others incarcerated there, most of whom he said, “couldn’t make it in general population.” Defying conventional wisdom, he said that it has been precisely those workers with the most to potentially lose from participating in the strike who had the most impact. Many of those workers controlled the essential duties of social reproduction inside—cooking, cleaning, trash removal, laundry—which enabled them to shut down the entire Alabama prison system.
“The weakest link has actually turned into being the strongest link,” Swift Justice said.
Political education pays off in the long term
The New York Times and ADOC have both intimated in their reporting that outside organizers had significant influence on the strike activity inside Alabama prisons, but both the mass scale of the strike and the responses of those incarcerated there belie this notion. One prisoner who spoke with Prism Reports and wished to keep his criticism anonymous acknowledged that prisoners appreciate the outside support and organizing of solidarity protests, but he scoffed at the notion that people on the outside were leading the way or coordinating the action of those on the inside.
“You know things don’t work like that,” he said.
“They enable us to do the teaching and networking in a peace and solidarity like I’ve never seen before,” Lipscomb said. “I commend the youngsters for their courage and respect for revolutionary thinking and change.”
Lipscomb attributes the sustained commitment of the recent strike to incarcerated people’s frustrations with the parole system and fears over the likelihood of dying before being able to be released. Most crucially, he believes that the long-term investment that organizers like FAM have made by engaging in mass political education with their incarcerated peers is paying dividends. Incarcerated people in Alabama have studied the organizing of the Black Panther Party, and the thoughts of figures like Kwame Ture, formerly known as Stokely Carmichael.
According to Lipscomb, the support of street organizations, which command a considerable amount of influence inside, has been critical.
“They enable us to do the teaching and networking in a peace and solidarity like I’ve never seen before,” Lipscomb said. “I commend the youngsters for their courage and respect for revolutionary thinking and change.”
As incarcerated organizers regroup and discuss when and how to reconvene the strike, they do so with a proven ability to bring about a powerful and widespread strike against prison operations in Alabama.
“I’m a student of history, and struggling has always been a part of life,” Lipscomb said. “So I’m studying from those who came before me as a guide to [get us] where we’re trying to be, and that is free.”
Prism is an independent and nonprofit newsroom led by journalists of color. We report from the ground up and at the intersections of injustice.
A recent HBO documentary entitled The Slow Hustle has brought renewed attention to the mysterious death of Baltimore homicide detective Sean Suiter in 2017. Police initially claimed Suiter was the victim of a lone assailant after his body was found in a West Baltimore alley with a gunshot wound to the head. But as details began to emerge regarding Suiter’s involvement with some of Baltimore’s most corrupt cops, the case took a turn that raised serious questions about what actually happened and if his death was part of a broader cover-up.
Shortly after Suiter died, Police Accountability Report hosts Taya Graham and Stephen Janis produced a podcast series that looked behind the scenes and examined how Suiter’s death told a more complex story about police corruption in Baltimore. In Part IV of this podcast series, Graham and Janis return to the case five years after Suiter’s death with Baltimore veteran reporter Jayne Miller to review a previously unreleased investigation conducted by the Maryland State Police.
Jayne Miller was a reporter with local Baltimore tv station WBAL-TV for over 40 years.
Studio/Post-Production: Stephen Janis
Transcript:
The transcript of this story is in progress and will be made available as soon as possible.
Recent years have brought greater attention to the 13th Amendment of the US Constitution, which abolished slavery and involuntary servitude, except as punishment for a crime. The consequences of this legal exception can be seen across US prisons today. Four states do not pay incarcerated workers any wages at all, and the rest pay wages far below the minimum wage. Prisoners are routinely compelled by threat of violence or punishment to work, including through the use of solitary confinement.
While much emphasis has been placed on the 13th Amendment, 25 state constitutions also uphold the punishment exception. This year, 5 states are considering amendments to their constitutions to remove this language. Historian Robert T. Chase joins Rattling the Bars to discuss what altering these state constitutions would really mean for incarcerated people.
Taya Graham and Stephen Janis of the Police Accountability Report host a live discussion on the rapid growth of police budgets and aggressive tactics around the country. Are cops the ones preventing crimes, or actually causing them?
Pre-Production: Stephen Janis, Taya Graham, Kayla Rivara
Studio: Dwayne Gladden, Kayla Rivara
TRANSCRIPT
The transcript of this video will be made available as soon as possible.
Chelsea Manning was imprisoned in 2010 after leaking 750,000 military documents to the website WikiLeaks. Chelsea’s revelations exposed heinous war crimes by the US military. While the perpetrators of the atrocities she exposed have never faced justice, Chelsea herself spent seven years behind bars, including several months in solitary confinement before her trial. README.txtis Chelsea’s first full-length memoir detailing what led her to speak out, and her experiences in prison. In an event organized by Baltimore worker cooperative bookstore Red Emma’s, Chelsea Manning joins Baltimore-based activist and independent journalist Ryan Harvey for a special discussion on her memoir.
Chelsea Elizabeth Manning is an American transparency activist, politician, and former US Army intelligence analyst. She lives in Brooklyn and works as a security consultant and expert in data science and machine learning.
Ryan Harveyis an activist, independent journalist, and musician based in Baltimore, MD, and the National Field Director for Public Citizen’s Global Trade Watch. He has worked extensively in support of active-duty military members and veterans organizing against the occupations of Iraq and Afghanistan, and has co-founded several organizations including the Riot-Folk Collective (2004), the anti-war Civilian-Soldier Alliance (2006), Firebrand Records (2015) and Rebel Lens (2017).
TRANSCRIPT
The transcript of this interview will be made available as soon as possible.
In 2020, San Quentin State Prison in California had some of the worst rates of COVID-19 infection in the nation. At least 23 people died from COVID-19 after contracting it at the prison. Prisons, jails, and detention centers across the US proved similarly vulnerable to the pandemic, which easily spread among incarcerated populations and into surrounding communities due to the already abhorrent health, sanitation, and human rights conditions of such facilities. Two years later, COVID-19 remains a challenge for San Quentin and California officials. While prisoners are tested regularly multiple times a week, guards and other prison staff are exempted from testing. Sanitation within the overcrowded prison remains atrocious, and prisoners who are exposed to COVID-19 are often quarantined in solitary confinement units. Although California has a more rigorous COVID-19 policy than much of the nation, the state’s inability to protect prisoners is a reflection of the fundamental violence of the mass incarceration system. Incarcerated journalist Juan Moreno Haines calls in to Rattling the Bars from San Quentin prison with his colleague, journalist Katie Rose Quandt, to discuss COVID-19 policies at the prison, how the ongoing pandemic has made life considerably worse for prisoners, and why freeing people could be a better solution than the band-aid solutions California has attempted thus far.
Juan Moreno Haines is an award-winning incarcerated journalist and a member of the Society of Professional Journalists. He is the editor of the San Quentin News.
Steven Headrick and his wife had spent two weeks cleaning up trash at Coconino National Forest near Flagstaff, Arizona, when park police approached them and asked them to leave. National parks have a 14-day limit to visitor stays, but this regulation does not apply to official volunteers. Headrick explained to the park ranger that he was still awaiting his volunteer paperwork to be finalized, but that his nonprofit had already communicated that volunteers would be present in the park. The officer said he would call the nonprofit to confirm and left. As the co-founder of the nonprofit, Headrick expected to receive a call from the rangers, but never got one. The same officer returned and attempted to forcibly remove Headrick and his wife. He told Headrick he was under arrest for “noncompliance” and ordered him to the ground. When Headrick refused, the park ranger tased and then tackled him. Headrick reports that his wife’s arms were also severely bruised by the officer. Headrick joins Police Accountability Report to talk about his ordeal, which fits into a common pattern of law enforcement resorting to violence for frivolous “compliance”-related matters.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
The transcript of this video will be made available as soon as possible.
In May 2006, Rey Rivera disappeared from his North Baltimore home. Roughly a week later, his body was found in the second floor concourse of Baltimore’s historic Belvedere hotel. The 2020 Netflix reboot of Unsolved Mysteries brought international attention to Rivera’s mysterious death. The Real News journalists Taya Graham and Stephen Janis have previouslycoveredRivera’s death, asking why his injuries were more consistent with being stuck by a car instead of falling from a rooftop, as the discovery of his body suggested, Taya and Stephen return with Jayne Miller to break down the latest evidence in Rey Rivera’s death.
Post-Production: Stephen Janis
Transcript
Stephen Janis: Anyone who watches crime dramas could reasonably conclude that when someone is murdered, barring bizarre and extenuating circumstances, the case is solved. That is, through high tech forensics, moral resolve, or simply the near mythic competence of American law enforcement, killers are ultimately sent to jail. But as an investigative reporter who has worked in one of the most violent cities in the country for nearly 15 years, I can tell you this is not true.
Taya Graham: And that is the point of this podcast, because unsolved killings represent more than just statistics; It’s a psychic toll of stories untold that infects an entire community, the final violent moments of a victim’s life that remain shrouded in mystery.
Stephen Janis: I’m Stephen Janis.
Taya Graham: I’m Taya Graham.
Stephen Janis: And we are investigative reporters who live in Baltimore City.
Taya Graham: Welcome to the Land of the Unsolved.
[music interlude]
Welcome back to the Land of the Unsolved. My name is Taya Graham. And today we are going to be discussing a case that made national headlines several years ago after it became the subject of Netflix’s reboot of Unsolved Mysteries. The show jumped to number one in the US partly because of the story we will be exploring today: the death of Rey Rivera. And with the release of a new season of Unsolved Mysteries, we thought it would be timely to revisit the latest evidence and where the case stands.
In 2006, Rey Rivera, a 32-year-old filmmaker, left his North Baltimore home in a rush. He took only keys, a cell phone, $20 and a credit card, and then disappeared. For days family and friends searched frantically for him, but to no avail.
But then, one of Rey’s former colleagues from the financial publishing firm, Agora, spotted a hole in the second floor conference center attached to the historic Belvedere Hotel. And inside, police discovered a grizzly scene: the decomposing body of Rivera sitting below the hole, apparently dead from a fall.
But the day the body was found was not the end of the uncertainty surrounding Rey’s death. Instead it marked the beginning of a story of a young man whose death still remains shrouded in mystery. The police concluded Rey killed himself and shut down the investigation, but his family said it was simply impossible that Rey killed himself. They pointed to his decision to start a production company just before he died, his plans to move back to Los Angeles and shop a screenplay he had just finished, and his recent marriage to the love of his life, Allison. And the evidence of suicide was murky at best. Yes, there was a hole in the roof where Rey’s body was found, but there was not a single witness who placed him in the hotel the night of his death. In fact, security cameras that surveilled the staircase that led to the roof had been erased on the night he died.
All this has led to speculation about what really happened to Rey Rivera, a question we will try to answer today, because luckily I’m joined by my co-host Stephen Janis and Jayne Miller, who reported on the case when it occurred and also appeared in the Netflix episode, which examined the evidence and brought national attention to it.
So first, just for those who aren’t familiar with Rey Rivera’s case, could you please just give me a little bit of background on Rey, who he was, and what his life was like?
Stephen Janis: He was, many say, a larger than life person literally because he was tall, he was six-foot-five, I think, handsome young man. Ambitious, from everyone I spoke to, who had moved to Baltimore based on the request of a friend who ran a financial publishing firm here in Baltimore. And, really, I think, wanted to be a filmmaker director, an active blogger, and a very curious mind, I think I would describe him.
Jayne Miller: Yeah, I would agree. He wasn’t in Baltimore all that long before he met his demise here. But yeah, I think that would be accurate. He’s not a native Baltimorean by any stretch, but he and his wife moved to a house in Northwood in the Northern part of Baltimore City and settled in.
Stephen Janis: And before he moved here, he was a water polo star. When he came here, he actually coached at Johns Hopkins. So he is someone who was involved in a lot of things, a well-rounded person, certainly not someone who sounds like they’re about to go on, you know –
Jayne Miller: No, and I think it’s also interesting that, for the short amount of time he was here, he really developed some close relationships with folks. And when he went missing, there were a lot of people that turned out to try to find him, including members of the water polo theme at Hopkins and others in the community outside of his connections to Agora, the publishing company where he had worked and others who knew him in other ways. But definitely he had ties in the community.
Taya Graham: I think that’s really important, how you mentioned that in such a short time he had already made such an impact on our community, made so many friends and coworkers who really cared about him. So I wanted to know, in this investigation, there are a lot of details that just don’t seem to add up. I think there’s two competing theories on what happened to Rey. Maybe you could flesh those out for me.
Stephen Janis: So the first thing to know is that there’s two schools of thought – And Jayne’s going to talk about, actually, because we’ve looked at the investigative files – But just to lay out so there’s a framework for people. There’s a school of thought who think he did jump from the building or jump from a window and are obsessed with the angles and the speed because it seems like it would be very difficult for him to end up where he did based on jumping. But since the Unsolved Mysteries case and since the Unsolved Mystery series, Jayne and I have been flooded with people of all sorts of ideas, and some of them have been quite interesting and intriguing. One being that Rey Rivera didn’t fall from anywhere but instead was placed or beaten or killed there in the actual conference room or somewhere near the conference room, placed in there, and then a hole was made to make it look like he killed himself. So those are the two frameworks which we’ve been looking at with the case.
Jayne Miller: I think we got to also set the scene here. So the Belvedere Hotel is an old building and it had this room that had been added on much later and it was an abandoned meeting room or ballroom or whatever. But what’s significant about it is it was accessible from the street because of the way the hotel’s entrances are. And it’s a place of public accommodation because it was, actually it had been converted to a condominium by the time this incident occurred. But it was originally a hotel and it had retail spaces on its ground floor and on its first floor. So it was an open building in that regard and people would come and go.
And the room that was where his body was found was accessible to the outside. You could come in from off of Charles Street, which we’ve done, and it is relatively accessible. It’s also accessible from the parking garage, which is attached to the building, and that’s also significant.
And then the third location – And we’re really talking here, just everything within the same block – Is the parking lot next to the hotel, open parking lot, surface lot, where his car was found. And the car was parked in a way that looked like he had arrived in a hurry and didn’t straighten it out, just parked it and left. I think it’s true that the significance of the questions about this have to do with, we’ve heard from no one who could put him in the building that night, that evening that he went missing, or at any time, until his body was found in the room.
Stephen Janis: And let me just contrast, let me just add, because you’ve done such a good job of describing, anyone who’s seen the Belvedere hotel. If you go through the front entrance, there’s usually somebody sitting there because it is an apartment building, a condominium, there’s usually a security person, and there’s a bar. So there’s a lot of traffic of people coming in and out.
Jayne Miller: In and out. Correct.
Stephen Janis: Which contrasts very much with what you mentioned, the parking garage. There’s not as much traffic there. There’s not as many people just standing around. So the idea that Rey could suddenly just walk in the front and no one sees him is hard to believe compared to someone going down into that basement.
Jayne Miller: Well, he apparently, we also had information at the time that he was known to frequent what was called the Al Bar, which is on the ground floor, the first floor of the building.
Stephen Janis: So people knew him.
Jayne Miller: Sure. So if he had been there that night, if he had been inside the building that night, somebody probably would’ve noticed it.
Taya Graham: So there are some questions about the way Rey was found, and one of the strange details is that in the hole where he allegedly jumped or fell through, that it just had his cell phone and a pair of flip flops looking like they were placed at the edge of that hole. You’re an investigative reporter. Is there anything at that scene that stands out to you as being unusual?
Jayne Miller: Well, it’s always struck me as unusual that the cell phone was intact. So if, in fact, he came off the 13th floor of the building, which is the roof, and this is technically the second floor, that’s a steep… It’s quite a distance. The cell phone was not broken, it wasn’t damaged. It just seemed odd at the time that… And there are pictures in the investigative file of, I think it was a flip flop, the cell phone, and where they were on the roof of that meeting room. And then the hole is… I have to tell you, this is strictly an observation, but I’ve always thought the hole looked like the kind of hole that someone was walking across a roof and hit a soft spot and punched through it with their leg.
Stephen Janis: I would totally agree with that. It did not look like a hole made from an impact of 260 pounds from 13 floors up, which is 400 feet.
Jayne Miller: And it just always struck me as it just didn’t seem to add up to… And then they have the injuries that are described in the autopsy, which have been noted significantly because there’s a leg injury that just doesn’t seem to make a whole lot of… I think we’ve had a forensic person look at that.
Stephen Janis: Yeah, we had a forensic person who said it more resembled being run over by a car because of the nature of the fracture –
Jayne Miller: Hit by a car.
Stephen Janis: …Hit by a car rather than falling from a distance. And this is a person who analyzed accident scenes and just said she thought it was much more like he got hit by a car. So that’s another notch on the wall in terms of thinking about this case not being a matter of a fall or someone being in the hotel, but someone getting into that room some other way.
Jayne Miller: And I think the other thing that’s important is to frame the coroner’s finding in this case in terms of manner of death. Obviously the cause of death were these severe injuries that he suffered, but the manner of death was left to be undetermined. So the police wanted to close this as suicide literally as soon as his body was found. And I thought it was interesting when we went through the investigative file that we received through public information request, is that the missing person investigation seemed to be pretty thorough. There was a lot of tracking down of his last steps and talking to people and family. Notably the detectives did not find that Rey suffered mental problems, he didn’t seem distraught. They could find no one that told them that in the time leading up to his disappearance. I thought what really struck me about the investigation is how quickly it stopped. It just seemed to stop, or at least the file that we have seemed to stop after his –
Taya Graham: That’s interesting.
Jayne Miller: …Body was found, it was just like… And there’s something that is, I have asked about this and I have yet to receive an answer, and that is that the parking garage adjacent to the Belvedere apparently had video surveillance, and the detectives inquired about it. And in the investigative file there are notes where the parking garage manager, whatever, said that the video from their cameras would be available on June 7th of that year. This is now about a week or two after his body was found. There is not one note, piece of paper in the file that says it was ever followed up.
Taya Graham: Jayne, could you describe a little bit about how the parking garage connects to the concourse where Rey was found?
Jayne Miller: Well, the parking garage is literally attached to the building, the Belvedere building. So it overlooks, if you get to the third or fourth level of the parking garage, it is open on the sides and you can look down onto the roof, which has the hole and where the cell phone was, et cetera, of that meeting room in which his body was found. So it’s significant that the parking garage is attached to the building.
Stephen Janis: And when we walked through there, we found that you could get into the building from the parking garage –
Jayne Miller: Correct.
Stephen Janis: …There was a direct entrance –
Jayne Miller: Correct.
Stephen Janis: …That’s on the second or third floor.
Jayne Miller: Not locked. You walk through.
Stephen Janis: You could just walk in there. And also, similarly, you could walk up from the back of the basement. So there’s a basement, and on the first floor that Jayne talked about with retail, you could actually get into that concourse from there as well.
Jayne Miller: Correct.
Stephen Janis: It was locked and you couldn’t get up there, but there was a staircase that went up there. It’s pretty eerie.
Taya Graham: I have to ask the question, and there might be some people who are listening who are wondering the same thing. Why would a police department want to close that investigation so quickly? What would be a possible motive for wanting to rule this as suicide, closing out the case so fast?
Jayne Miller: Well, I can answer that from a media perspective. Okay. So from a media perspective, the minute that there is the specter of suicide over a case, media coverage stops, media doesn’t cover suicides.
Taya Graham: That’s interesting.
Jayne Miller: So if you want to end interest in something as an investigator or whatever, then if you start to put the specter of suicide on something, you’re going to lose media attention, and you’ll lose the public attention, too. And look, this had all the markings to be what they call a red ball case. This isn’t a gunshot victim, which obviously Baltimore has more than its share of gunshot victims. This wasn’t something that seemed to be a corner dispute about something. This was a very different kind of case. And it’s also the kind of case that could be difficult to solve because he had perhaps a lot of connections in his life and his business associations, his associations personally, et cetera, in something like this that you really have to run out. And this isn’t your everyday investigation, no question about it.
Stephen Janis: And as you point out, he was an employee of Agora, which is one of the largest employers in Mount Vernon with 2000 employees, I think –
Jayne Miller: …400, something like that.
Stephen Janis: Is it 400 in Mount Vernon by itself?
Jayne Miller: Yeah.
Stephen Janis: Yeah. So it’s a complicated case. Because –
Jayne Miller: And Agora was very, very insistent, in my reporting with discussions I had with their lawyer, was that they saw no connection to his death and Agora and the company.
Stephen Janis: And… Go ahead, I’m sorry.
Jayne Miller: And they were very insistent, and that very hard line was drawn, and were very… They commented on a few things, but they were very reluctant to comment on much of anything.
Stephen Janis: Yeah. The only way I got anything about Agora, just because it was of interest, because that’s where he worked when he came to Baltimore, was just to talk to people off the record who would pick up the phone and talk to me. But really no one at Agora would ever give me a comment on the record or anything official.
Jayne Miller: The other thing I think that’s interesting is, here we are now in 2022, the Netflix episode, which got global attention, no question, July of 2020, probably because it was also the pandemic, a lot of people were watching streaming at that time. So it definitely got a lot of eyeballs. And it’s the kind of story that generates everybody’s own theory of what happened.
But the other thing that happened, which happened as a result of that episode, was I received some information that I thought was real information, not speculation, not somebody from afar saying, oh, this is what probably happened. But these were people that were familiar with Rey, they were familiar with Rey’s business associates, and they were filling in a few blanks.
Rey’s wife, Allison, who obviously has devoted a lot of the time and attention to her pursuit of what really happened to Rey over all these years, it’s always been her theory that this is the kind of case that somewhere, someone’s going to pry open a lid to something. And once that happens, the whole story will be there. And I think that all these years have passed and we’ve gotten some hints of it, but we haven’t yet been able to throw open that lid and really answer this one way or the other. The problem is that this is a case that doesn’t have a clear answer to what really happened.
Taya Graham: So Jayne, I know you’ve been reviewing the notes that you made on the case. Is there anything you found in there that suggests to you that Rey didn’t jump?
Jayne Miller: Well, if he jumped, then they would suggest that he was trying to take his own life. So what’s in the notes from the detectives that they found nobody that would say he was suicidal, was mentally distraught. There was no note left. There was a note taped to the back of his computer, but it was just a weird note and we’re not positive he wrote it. There were some references to things, but it clearly wasn’t a clear suicide note. In fact, the FBI ruled at the time, their opinion at the time was that it was not a suicide note. So I think that stuck out to me when I went through the file, is that they interviewed a lot of people and they went through financial records, et cetera, and they didn’t find anything, no one told them anything that would suggest that he was distraught.
I have notes from when he disappeared, I have notes from when he was found, I have notes from a year later when we did the story, and then I have notes from when the episode aired in 2020 which filled in some of the blanks.
I think that, for example, there was somebody that worked in the building that told me that Rey went missing, I think, on the 16th of May. And they started to notice an odor in the building on the 19th. But it’s another five or six days until his body is found, because the room was never used. And then she described the inside of the room as what would indicate to me is that it doesn’t indicate a fall, but it indicates that something may have happened in the room.
Now there’s no witness to any of this, there’s no witness to him coming off the roof, there’s no witness to him going in that room, there’s no witness to him coming in off the street. We know a big missing piece of this whole thing is that security cameras were inadvertently deleted. The footage from that day. So that obviously would be a critical piece, would provide, perhaps, some critical information.
So the problem is that you have bits and pieces of information from people who were in the building that day, in the building a lot because they worked in the building, knew this or knew that. But to try to put it together into a puzzle that makes sense has really been the biggest challenge.
Stephen Janis: Well Jayne, let me raise something, because you and I both got a ton of tips and people contacting us. And one theme that came from a bunch of people who said they were familiar with it but wouldn’t identify themselves was they really were pushing me – And I don’t know if you got this – But to look at ways that Rey’s body could have been brought in there were or killed there. But they all felt pretty confident from what they’d heard that Rey did not fall off the building in any way, shape, or form. One time we actually went looking, because they said there were tunnels underneath Mount Vernon that they could have brought Rey in, and we found that wasn’t true, we checked that out and it wasn’t true.
But I was in constant contact with people who were urging me to look at the way the body could have been brought in there or that the hole in the roof and that suicide was a red herring of a really major variety. And it could be an amazing red herring. That hole has definitely taken any attention off other ways that this could have happened in other –
Jayne Miller: Absolutely.
Stephen Janis: Correct?
Jayne Miller: Well, because what the hole does is that it provides an answer, or a possible answer. Oh, well he came off the roof. Oh, he came off the side of the building, because he went through the roof. And you’re right, that is exactly what that could be, because there’s nothing to refute it specifically. There is a possibility of what may have happened in the parking garage. Did something happen in the parking garage? Was he in the parking garage? And again, the investigative file shows that the parking garage was ready to provide security footage for review by investigators, but it doesn’t appear –
Stephen Janis: But they never picked it up.
Jayne Miller: …We don’t know. We don’t know.
Stephen Janis: That’s true. We don’t know.
Jayne Miller: We can’t find any record that they actually went and looked at the video.
Stephen Janis: From everything we can tell, just so people understand, homicide has this Lotus Notes program from the ’90s, but they put in daily reports of what they do. They’re called progress reports. And the progress reports stop around June.
Jayne Miller: And really, really abruptly. Correct.
Stephen Janis: And because you’ll see, Jayne and I have both reviewed homicide files, and you’ll see there can be points where nothing happens, but then three weeks later you say, we received a call or something.
Jayne Miller: Correct.
Stephen Janis: But this is total stone silence, cut off. Just like somebody said that’s enough. We dealt with this. We’re not… Because there’s not even anything from getting a random phone call or anything.
Jayne Miller: No. And they were… In fact, I think the last thing that I found notes on in the file was at the end of June of 2006 when they interviewed Rey’s former friend and person he came here to work with, and met with that person and a lawyer. And that seemed to be the last thing that was noted in the file.
Stephen Janis: Now I want to talk about something that frustrates me about that file, because there’s certain things that the police could’ve done. And I made a call to a homicide detective who was in the DEA, because over those seven days, there are a lot of things in that file that are missing. But one of them is that one way police can use to figure out what happened is just ping their cell phone. It’s a common thing to do, and it could have been done in the aughts. And yet there’s nothing in the file about pinging his cell phone. If they pinged his cell phone, they would’ve known where he went that day. Why on earth would they not do that, Jayne?
Jayne Miller: Well, I’ve seen Rey’s telephone records, but I’ve seen them because Allison has them, his wife. I don’t find anything in the file where I think they took his phone, but I don’t see any reference to what was on the phone.
Stephen Janis: No, they never got a warrant or anything to look through his phone, or to look through the numbers, or to figure out who –
Jayne Miller: That’s what it appears. There’s no reference to it.
Stephen Janis: That’s what it appears. You make a good point. We don’t know for sure. But there’s nothing that I see in there. But to me the big mystery is where did Rey go? If he went to Fells Point or he went somewhere that would give you some clues, if he went straight to the Belvedere, that would give you clues. All those things are discernible with the technology that existed that time. And I think –
Jayne Miller: Well, the biggest question is why did he go there? We know he went –
Taya Graham: That’s a great question.
Jayne Miller: …Went to. We know he went there because –
Stephen Janis: Do we know?
Jayne Miller: Well, we know his car went there.
Stephen Janis: We know his car went there, we know his body ended up there.
Jayne Miller: And we know his body was there.
Stephen Janis: We don’t know where he went between leaving that… And I think from the notes you have, you can surmise he died pretty quickly. He wasn’t wandering around Baltimore.
Jayne Miller: Yes. If there’s an employee of the building that says we started… Yeah, correct.
Stephen Janis: Three days.
Jayne Miller: Exactly. Three days later you’re starting to smell an odor in the building. Correct.
Stephen Janis: Someone said, his brother Angel had told me he’s six-foot-five, he’s not going to be inconspicuous. And so I think we know that he didn’t drive around Baltimore for three or four days, but of course we don’t know exactly where he went when he ran out of the house. He didn’t tell –
Jayne Miller: We do know, however, that his car was in that parking lot the next morning.
Stephen Janis: Yes.
Jayne Miller: Because there was a ticket on it. So we know that it was there. So we don’t know when it arrived, but we know it was there at least by the next morning.
Stephen Janis: Now the other thing missing from the files that I find quite annoying, that is generally in homicide files, because we review them, are statements, like statements from the people who found the hole in the roof. I think that would be of great interest. I’m not saying there’s anything untoward, but where are the statements? Wouldn’t the homicide detectives have asked them, what made you decide to go look at the hole in the… I think that’s a reasonable question.
Jayne Miller: You’re right. These are normally things that are included. There are statements from people, well there’s interviews, I should say there are interview summaries.
Stephen Janis: Summaries, synopsis, but not –
Jayne Miller: Correct. That the detectives have written based on their interviews with people relevant to the investigation.
Stephen Janis: The reason I bring this up is because every detective I let look at this says, well, the first thing I would’ve done with the people that found the hole was take them down to homicide. And that doesn’t mean they’re suspects, but get a written statement from them and put it in the damn file. And that, to me, just shows absolutely either negligence on the behalf of the police or something worse, because that’s just basic detective work. I think that speaks to your… Not your theory, but your thought about how incomplete the file is that someone just said, whatever we found the body, that’s the main thing. And after that, we’re not really going to be curious about any other aspect of the case.
Jayne Miller: Well, they have a body, they have a hole in the roof.
Stephen Janis: What else do they need?
Jayne Miller: What else do they need?
Stephen Janis: And as you pointed out many times – And you can talk about this – Is that this is the point and shoot city, where you point a gun and you shoot. And that’s what people expect in homicide.
Jayne Miller: Well, the vast majority of our cases that involve both suspicious death and homicide involve gunshots. This is a very different kind of case. This involves an extraordinary amount of trauma and some injury that has been questioned about whether it really would be indicative of a fall. But to the point, yes, they have a body underneath a hole in the roof, and that roof is below the top roof of a 13-story building. So it’s like, okay, well that’s what happened.
Taya Graham: So looking in from the outside to this case, we see the hole in the roof. We see that with his flip flop, cell phone, sunglasses case, it could almost appear to be staged, you know that Rey was living his best life. He had friends that were looking out for him. He had just gotten married, he was working, he had just finished a screenplay. This doesn’t sound like a man who was suicidal, but it doesn’t necessarily sound like a man who has enemies. Is there any theory as to why he might have been killed if this wasn’t a suicide?
Jayne Miller: Yeah, there you go. That’s the even bigger question is it would seem that he was not the victim of a random crime because of the circumstances that we know of, his location, where his body was found, et cetera. So that’s a good question. There doesn’t appear to be anything in the information that was gathered in the week he was missing by detectives that were working a missing person’s case. There doesn’t seem to be any indication that he had a threat against him, someone who was trying to do him harm. There’s nothing in the file that indicates that.
Stephen Janis: And to Taya’s point, which is a great point and a great question, if someone did kill him this way, they are good at what they do. These are not some random person who got into a fight with Rey and just decided to kill him. They staged a killing and staged a suicide and made it convincing enough to fool the Baltimore Police Department.
I’m not going to comment on how easy or hard it is to fool the Baltimore Police Department. But you’re looking at people who were smart, and if they killed Rey someplace else and then came up with the idea to put him in the hotel, you need to think about that.
And, Taya, I think that’s a great question, because that takes some planning and some thinking, it’s not just a random thing like, let’s dump his body in the… You could easily have dumped his body in the harbor somewhere. But it would’ve raised suspicion, but you came up with the one way to make it ambiguous enough so that police could take that out and say, you know what? We can call this a suicide because there’s a hole in the roof and his body was right below it and –
Jayne Miller: And we don’t have any witnesses.
Stephen Janis: And we don’t have any witnesses. And that is something of what I would say would be a professional hit kind of thing. And that, Taya, raises the question, who would want to kill Rey Rivera, for what?
Jayne Miller: Well, and we get back to the circumstance of how he left… According to the woman that was staying in the house, the friend who was staying in the house at the time, Rey was working on something, got a phone call, and was like, oh, got to go. Like oh, forgot, got to go. So he left the house in what she described in somewhat of a hurry. And the way he parked his car in the parking lot where his car was found suggests that he parked in a hurry. So does that mean he was called to meet somebody? Does that mean, what? What does that mean? And we don’t know. We don’t know what that… Because we don’t have anybody that is filling in that blank. Who called him? What was the point of the call? Why was he in a hurry to get there?
Stephen Janis: But the one thing we do have, or don’t, is not a single person who said that he was contemplating suicide, angry, or distraught. The last person that spoke to him was a person who worked at Apple, at an Apple store and had rented him editing equipment so he could edit a project that he had been working on. So what we don’t have is anybody who said, oh yeah, Rey was suicidal. There’s just nobody that… Did you ever talk to anybody?
Jayne Miller: No. And that’s what I mean, the detectives didn’t find anybody that would tell them anything like that either.
Stephen Janis: Well, let’s think about it this way. People kill for two reasons, love or money. I don’t want to sound… But that’s basically most of the cases I’ve covered. So it’s one or the other. And –
Jayne Miller: Well, sometimes people kill people to keep them quiet, too.
Stephen Janis: Right, and that usually has to do with love or money.
Jayne Miller: At the beginning of the story.
Stephen Janis: But you’re right, you’re right that those two very simple ideas evolve and branch off into very complex reasons. But Rey didn’t have any business entanglements to speak of. He –
Jayne Miller: That we know of. That’s correct.
Stephen Janis: …That we know off. He wasn’t running some offshore company. So it really, I think that, I guess that’s why people are so obsessed with this case, because the mystery is so confounding.
Jayne Miller: Sure. And it doesn’t have clear cut answers. That’s exactly right. It has –
Stephen Janis: Not even close.
Jayne Miller: …And it has elements of it that cause questions to be asked and raise suspicion about things that we don’t have firm answers to. So this is the kind of case where it’s easy for people to fill in the blank.
Taya Graham: Well, I want to thank you, Stephen Janis, and you, Jayne Miller, for joining me for this episode of Land of the Unsolved. Wherever you’re listening to Land of the Unsolved, whether it’s on Anchor or Apple with iTunes, please make sure to leave a comment below to let us know what you think happened to Rey Rivera. I’m your host, Taya Graham, This is Land of the Unsolved. Thank you for joining me.
Chase Hasegawa had been sitting on the side of an empty rural road for six hours next to his broken-down car when he was approached by two San Diego County sheriffs. Instead of asking if he needed help or offering him assistance, police demanded identification. Knowing his rights, Hasegawa refused, and began asking questions. Cell phone footage shows the police not only threatening to arrest him, but also saying they could charge him with ‘burglary’ or ‘stalking.’
Hasegawa’s ordeal reflects a dangerous trend of officers demanding identification from people in public spaces, in violation of our First Amendment rights to assembly and Fourth Amendment protections from unlawful search and seizure. He still has not been able to recover his car from the police impound lot. Police Accountability Report speaks to California resident Chase Hasagawa about the charges, arrest, and the impact the experience is having on his life.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
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 this arrest by the San Diego County Sheriffs – Now wait for it – For refusing to provide an ID while standing on a public road. But it’s not just a questionable action of these cops we will be exploring on the show today. We will also be examining the fraught history and legal implications of empowering police to demand identification, regardless of circumstance. Not just the perils of this practice, but what it means in the broader context of America’s expanding law enforcement-industrial complex.
But first, I want you watching to know that if you have 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 reach out to me directly @tayasbaltimore on Twitter or Facebook. And please like and comment. I do read your comments and I appreciate them, even if I don’t get to respond to each and every one, I really do read them. And we also have a Patreon link pinned in the comments below, so if you do feel inspired to donate, please do. We do not run ads or take corporate dollars, so anything you can spare is truly appreciated.
Now, one of the troubling aspects of police power is a simple act that might, on the surface, appear harmless. I’m talking about the endless variety of circumstances when police in this country can request your ID. It’s become a tool of law enforcement that, in many ways, represents just how much police power has expanded. But it’s also a concept that has not been adequately parsed to understand the far reaching implications of how its growing use has even broader implications for the state of our rights throughout the country.
Let’s remember the Fourth Amendment is pretty specific about the right to be free from unreasonable search and seizures. Add that to the right to free assembly outlined in the First Amendment, and it’s pretty clear that empowering the government to ask for ID on demand wasn’t very popular. I mean, let’s face it. Empowering armed agents of the government with nearly unchecked power to demand your ID or face legal consequences sounds pretty dystopian to me. One can only imagine what would happen if this power is allowed to grow unabated, and how it could be subsequently abused.
That seems to be the direction we’re headed based on the reporting on police that we’ve done for many years. Which brings me to the case and the video I will show you today. It is the perfect example of how problematic this power can be. An example of how and why police can easily abuse the ability to demand identification and what can happen when it is abused without consequence. The story starts in rural San Diego County, where Chase Hasegawa was dealing with a common problem: His car had broken down. And because he was far from a gas station or repair shop or even a residence, he had been stuck for several hours when police arrived. But instead of asking Chase if he wanted help, the officer demanded that he produce an ID. Let’s watch.
[VIDEO CLIP BEGINS]
Chase Hasegawa: If I’m not suspected of a crime, I don’t need to produce my ID.
Police Officer: Actually you do. Because we got a radio.
Chase Hasegawa: Actually.
Police Officer: So we have a legal –
Chase Hasegawa: That’s not the law.
Police Officer: Okay –
Chase Hasegawa: I’m recording, just so you know.
Police Officer: Okay, That’s totally fine.
Chase Hasegawa: Okay.
Police Officer: I’m explaining to you, okay, we have a lot of facts out here.
Chase Hasegawa: Do you see anything around here to be stolen?
Police Officer: Okay. Yes –
Chase Hasegawa: I’m parked on a public road –
Police Officer: – Okay.
Chase Hasegawa: Public roadway.
Police Officer: I’m explaining to you –
Chase Hasegawa: Parked on a public roadway.
Police Officer: We have a legal, lawful right to contact you and obtain your information –
Chase Hasegawa: [crosstalk] If I’m suspected of a crime, and you have to reasonably articulate it to me, too.
Police Officer: [inaudible] You’re not…
Chase Hasegawa: So what crime do you suspect me of committing?
[VIDEO CLIP ENDS]
Taya Graham: Now, it’s interesting to note that all Chase was doing when police arrived was standing on the side of the road. That’s right. He was simply waiting by a car that wasn’t moving. He wasn’t driving or even sitting in the car itself. He was simply stranded. But still, the officer escalated the situation. Take a look.
[VIDEO CLIP BEGINS]
Chase Hasegawa: So what crime do you suspect me of committing?
Police Officer: I can have you stalking, I can have you –
Chase Hasegawa: No, not the things that you can make up. Not “I can have you.” What do you suspect me of?
Police Officer: So I’m –
Chase Hasegawa: You just said you were, “I can have you this”. That’s making stuff up. Come on, man.
Police Officer: Do you want me to explain, or what?
Chase Hasegawa: Hey, I know my rights. I’m not going to let them just get trampled all over.
Police Officer: [crosstalk] I’m just trying to explain it to you, though.
Chase Hasegawa: You heard it too, right?
Police Officer 2: Are you going to let him explain? Okay.
Chase Hasegawa: By all means.
Police Officer: Here’s what’s up. I have a legal, lawful right to contact you and obtain your information. We received a radio call regarding you for suspicious activity, okay?
Chase Hasegawa: And what crime is that? Is that a felony or a misdemeanor? Being suspicious?
Police Officer: Okay. It is activity that is intended to discover if you are in the process of committing a felony or a misdemeanor –
Chase Hasegawa: No, no, no.
Police Officer: I’ll tell you what –
Chase Hasegawa: If I’m suspected of a felony or a misdemeanor –
Police Officer: Let me explain something to you real quick. So you have a choice right now. You can go with the program, you can give us your ID. If you choose not to do that, that’s considered obstructing us from performing our job.
Chase Hasegawa: Actually, obstruction is a physical act.
Police Officer: No, it is not.
Chase Hasegawa: It actually is.
Police Officer: So if you continue down this road, we’re going to place you in handcuffs here in just a second. And you’re going to be under arrest. Under arrest for obstructing a police officer.
[VIDEO CLIP ENDS]
Taya Graham: Now, what happens next embodies all the problems with the power to identify that are discussed at the beginning of the show. That’s because Chase does something surprising. Under the threat of a cop, in the middle of nowhere, he simply refuses to produce an ID. And what the cop does shows why this power can be so treacherous. Take another look.
[VIDEO CLIP BEGINS]
Police Officer: Is that clear?
Chase Hasegawa: Okay, that’s just litigation for you guys.
Police Officer: That’s fine. Is that the direction we want to go with?
Chase Hasegawa: I don’t want to go that route at all.
Police Officer: Okay.
Chase Hasegawa: I said I don’t need any assistance.
Police Officer: Okay. I’m explaining to you –
Chase Hasegawa: You guys got a call.
Police Officer: Yes.
Chase Hasegawa: Right?
Police Officer: So I’m explaining to you right now, you have a choice. You can either provide your identification, we can conduct our investigation, or we can place you in handcuffs. And then –
Chase Hasegawa: But see, the thing is [crosstalk] –
Police Officer: – We arrest you –
Chase Hasegawa: Go on.
Police Officer: For resisting, obstructing a police officer and delaying our investigation.
Chase Hasegawa: Resisting? That’s a secondary offense.
Police Officer: Okay.
Chase Hasegawa: That’s why I’m being placed under arrest.
Police Officer: It is all part of 148.
Chase Hasegawa: Am I being detained right now?
Police Officer: Yes.
Chase Hasegawa: I am. What am I being detained for?
Police Officer: You are being detained while we conduct our investigation of a suspicious activity.
Chase Hasegawa: Okay, what –
Police Officer: – And person in the area.
[VIDEO CLIP ENDS]
Taya Graham: I mean, I think it’s very revealing what the officer did when he was confronted by a person willing to push back. It is revealing what tools he used to get Chase to comply. Namely – And I can’t really think of any other word to describe it – False charges. Let’s watch again. And while we do, I want you to think about what you’re seeing.
[VIDEO CLIP BEGINS]
Chase Hasegawa: What crime do you suspect me of committing that you’re detaining me for?
Police Officer: Okay. Burglary, how’s that? You’re in an area where you don’t live.
Chase Hasegawa: [crosstalk] Is that what the call was for, burglary?
Police Officer: Nope. No. It was for a suspicious person.
[VIDEO CLIP ENDS]
Taya Graham: And so, as often occurs during police encounters we cover on the show, the cop resorted to the go-to law enforcement tool: imprisonment.
[VIDEO CLIP BEGINS]
Police Officer: You know what? We’re all done. Put him in handcuffs. I’m done.
Police Officer 2: Put your hands behind your back. Hey, excuse me.
Chase Hasegawa: Don’t… Please don’t touch me.
Police Officer 2: Put your hands –
Chase Hasegawa: Please don’t touch me.
Police Officer 2: Put your hands behind your back.
Chase Hasegawa: This is an arbitrary arrest.
Police Officer 2: We’re not going to use force, okay?
Chase Hasegawa: This is an arbitrary arrest.
Police Officer 2: And if that’s the case…
Chase Hasegawa: I am sitting handcuffed in a Vista Sheriff’s truck because a neighbor called the cops for a suspicious vehicle. When I asked what I was being detained for, he said I was being detained for his investigation. And the call was for a suspicious vehicle. And I asked him, is that a felony or a misdemeanor? And he said, you’re not hearing me. You’re being detained.
[VIDEO CLIP ENDS]
Taya Graham: That’s right. Even though Chase had not been accused or even committed a crime, even though he was exercising what is, arguably, one of our most fundamental Constitutional rights in our country, the officer ignored the law and put him in a cage. But this harrowing encounter with the rural cop was just the beginning of Chase’s ordeal. That’s because the officer involved and the criminal justice system they represent were not done with Chase. Not at all. In fact, the law enforcement-industrial complex was just beginning to inflict pain on the man who simply wanted to get his car repaired.
Which is why we soon will be joined by Chase to hear about what happened after the arrest and how the consequences of this encounter are far from over. But first, I’m joined by my reporting partner Stephen Janis, who’s been looking into the case and reaching out to the police for comment. Stephen, thank you so much for joining me.
Stephen Janis: Taya, thanks for having me, I appreciate it.
Taya Graham: So Stephen, you have been reaching out to the police. What have they said?
Stephen Janis: Well, I asked them, number one, why was Chase arrested? It didn’t make any sense to me. They said that it was because of narcotics, which they wouldn’t tell me what kind of narcotics. And I asked them, and they would not specify. And then I said, well, why was the car impounded? And they said, due to the fact… First they cited a California statute about speeding. And I said, are you sure? And then they said, oops, we made a mistake. It was because the car was an obstacle or an impediment to traffic, which seems so absurd to me, because he was out in the middle of nowhere. And even when you watch the video, you could see there are no cars driving by. It was absolutely, patently absurd. And my next question was, well, any car that’s stuck on the side of the road can be impounded? I mean, come on. So I really didn’t like their answers and I think it’s really problematic.
Taya Graham: You’ve also been looking into the department behind this arrest. What have you learned?
Stephen Janis: Well, it’s amazing. The San Diego County budget is a $7 billion budget. What’s the biggest ticket spending? The sheriff’s department. Over a billion dollars. This is a huge agency, I think, that has to generate a lot of revenue.
But I want people to look at something for a second. I want you to look at these sheriffs out in this rural county and what they’re wearing on their body. I mean, this is a military style gear that they have on, and imposing and intimidating, and I’m not really sure why a sheriff who works in a rural county would be armed to the teeth like this and look like he’s about to go out on reconnaissance for three months. But even so, I think part of the problem is there’s too much money. If you look at other line items and the county budget like health and recreation, it doesn’t even come close. The sheriff’s department is the biggest expenditure. They got a billion dollars, and I think they act like it.
Taya Graham: So you’ve done quite a bit of reporting on impound lots and how police have a habit of impounding vehicles. What have you learned about this lucrative process?
Stephen Janis: Well, in a lot of jurisdictions, impound lots are cash machines, ATM machines for the police department. They seize vehicles, they make it very expensive to retrieve them, and then they auction it off. And that’s been the case in our town and many other places we’ve looked into. So they’re basically a way to make money. Take your vehicle, impose lots of fines and fees, storage fees, whatever, can’t get the vehicle out. Next thing you know, it’s up for auction. I’ve been looking into San Diego County, I haven’t found that yet, but I’m going to keep looking into it and we will update you on it. But that’s usually what happens.
Taya Graham: And now, to learn what happened after the arrest and how the ordeal itself has impacted his life, I’m joined by Chase. Chase, thank you so much for joining us.
Chase Hasegawa: Thank you for having me. I appreciate the opportunity to share the video with people.
Taya Graham: So first tell me why were you stopped in the road?
Chase Hasegawa: Well, I was giving my friend a ride home, and my vehicle broke down. It just shut down completely. Wouldn’t… The lights shut off, everything. And this was at like 6:00 in the morning. And I’d been broken down there for about seven hours when the cops showed up.
Taya Graham: How would you describe how the officers approached you?
Chase Hasegawa: Aggressively. By the time I became aware that they were behind me, they were surrounding me already. And asking me what’s going on. And I had the same question for them, what is going on?
Taya Graham: So what happened when you refused to give the officer your ID?
Chase Hasegawa: Well, I could say he didn’t like that very much. He immediately started threatening me, essentially. Saying that he was going to charge me with stalking and burglary, just making stuff up, wild accusations. And I was just getting my car ready to get towed. There was going to be a tow truck there within a half hour.
Taya Graham: Did it surprise you to hear the officer essentially offer to create probable cause or a reasonable suspicion when he didn’t actually have one? I mean, did it surprise you to hear him say, well I’m just going to say you’re here stalking? I mean, he essentially fabricated probable cause.
Chase Hasegawa: Sadly, it didn’t surprise me. I kind of come to expect something like that from police officers these days. They seem to just do whatever they want, say whatever they want, and not have to face any consequences for just making up outright lies.
Taya Graham: So was this a rural area?
Chase Hasegawa: I was in a rural area, absolutely. I was about an hour from my home. And I was not by anything, there weren’t any businesses around there. No gas station to walk to. I was in the middle of nowhere. As a matter of fact, you couldn’t even see any houses where I was at. There was nothing out there. It was an empty road.
Taya Graham: So you’re in a rural area, basically stranded, with no one around to help. Why did you refuse to give the officer your ID?
Chase Hasegawa: Because I hadn’t committed any crime. He was demanding my ID for whatever reason. He said that he got a call about a suspicious vehicle, and a suspicious vehicle isn’t a crime. When he came and asked me what was going on and I said I was waiting for a tow truck, that should have been the end of it. I told them I didn’t need any assistance.
Taya Graham: So what were you charged with?
Chase Hasegawa: Well, they ended up charging me with obstruction of traffic, which is a moving violation, and I wasn’t even in my car at all. It was actually locked all the way up until they had it hooked up to the tow truck. And it was broken down.
And then he ended up charging me with paraphernalia from inside my vehicle that he opened up after the fact. And I mean, frankly, I wasn’t found in possession of. But pretty much just charged me with things that weren’t going to even stand up or anything and arrested me for no reason, just to take me to the station, write me a ticket, and then just released me. Just to displace me from the area and tow my car. And I still haven’t been able to get it out of impound. Now, because they didn’t even tell me where it was at. They towed it two cities away, when there was a yard in the same city right down the street. They went ahead and made it so it was extremely expensive just to take it out initially. And it’s just getting more and more expensive. I’m about to lose my vehicle because of it, essentially.
Taya Graham: So how did this impact you financially? I mean, I know there’s the cost of your car being towed, there’s impound fees, there’s loss of time from work, there’s court costs, there’s lawyer costs, there’s tickets. I mean, how has this impacted you?
Chase Hasegawa: Pretty much everything you named. I’m not so sure that retaining counsel for the ticket will even be necessary, cause I doubt that that’s going to go anywhere. However, I’m probably going to have to cover costs for an attorney for the civil suit. I’m a good hour away from work, and not having a vehicle… And I mean, I’m at least 45 minutes away from anything, where I live. I live up in the mountains. So I’ve been out of work for the last… A little over a week now, week and a half. Like I said, I can’t even afford to get my car out of impound, can’t make it to work. It’s a struggle just to get to the grocery store, just to survive, really.
Taya Graham: Why do you think the officer was so aggressive with you? How do you think the officer could have better handled this situation?
Chase Hasegawa: Frankly, I think the officer was aggressive. I mean, it seemed that that’s just how he conducts himself. The guy who was doing most of the speaking was a sergeant. He was kind of the gang leader among them. And I mean, it was right off the bat. Right off the bat, he started making stuff up and threatening me right out of the gate. I mean, I started recording just seconds before the interaction started. They had just walked up behind me, asked me what’s going on, and I said, I’m waiting for a tow truck. And I started recording because he started asking me for my ID right away, and I can kind of see where that’s going. And I’m not a criminal, I wasn’t doing anything. I was broken down on the side of the road, and as far as I’m… I know it’s not against the law. My car was parked on the side of the road. Him saying he was going to tow it because it was there since 6:00 AM. I mean, this just sounded ridiculous to me. There was no good reason.
He was just doing it. He was literally doing it just to inconvenience me. Along with taking me to the station. Arresting me, putting me in a holding cell just to write me a ticket. The last time I checked, when an officer’s going to write you a ticket, they’re not allowed to hold you any longer than it takes to write the ticket. So as far as I’m concerned, that entire interaction where he cuffed me up just because I wouldn’t identify myself, and then taking me all the way back to the station and put me in a holding cell just to give me a ticket that he could have written where we were at. But he didn’t have any reason to write me a ticket. Everything that he put on there was completely fabricated.
Taya Graham: If you could speak to that officer or their police department, what would you want to say to them?
Chase Hasegawa: Well, frankly, I would exercise my right to remain silent if I was face to face with them again. Because yeah, I don’t trust them. I don’t feel like they’re public servants. They were treating me like I was the enemy when I was a citizen in need of help. Not a criminal to just throw in a jail cell.
Taya Graham: Okay. At this point in the show, I usually recount an example of police misconduct or corruption to make a broader point about American law enforcement. In other words, I use the particular to better understand the general. But today I want to focus on something that has been irking me for several months now that I feel I must address directly. A trend that I’ve noticed in my interactions with police departments that I have to talk about, because it is literally driving me crazy.
As anyone who has watched the show knows, we spend a lot of time trying to get comments from the police departments we cover. Almost every case we report on, Stephen and I send an email or call the department with a detailed set of questions about the incident which we hope will shed light on the officer’s actions. We do this for several reasons:
First because it’s our duty as journalists to make every effort we can, to get the other side of the story. Even though the mainstream media goes out of its way to bolster the police narrative, we still believe in the basic tenets of journalism, and the idea that reporting just one side of a story is not just unfair, but honestly it’s lazy.
But there is another reason we go through extensive efforts to contact the police. We do this because it’s important for you, our viewer, and the public at large, to know police are listening. What I mean is that even acknowledging us with a “no comment” is better than simply ignoring us completely. Because being responsive to the independent media when their actions are in question is one of the best ways to show that law enforcement takes allegations of misbehavior or misconduct seriously.
I mean, it’s a basic tenet of accountability to have to communicate with the people you purport to serve. Nothing is more intrinsic to maintaining a free society than embracing the duty and the obligation to be responsive to the people. Acting like you don’t have to or simply ignoring questions from independent media sends a very clear message: We don’t have to explain what we do or why to anyone.
But what really bothers me about the silence of police is what it implies. Meaning that the fact that police feel they have – And I’m saying this without irony – The right to remain silent reveals an aspect of law enforcement that has much to do with the encounters we report on week after week than any other intransigence I can think of. As we have seen across the country, police do not have a problem posting mugshots and unflattering posts about arrestees on social media when they want to sully somebody’s reputation. They seem to be pretty adept at labeling a person a suspect or criminal.Just look at the Milton Police Department Facebook page, where they post photos of people suspected of crimes and then allow anyone at all to share and comment on the significance of the presumption of innocence.
So the police can communicate when they want to, but the fact they can’t answer simple questions about disturbing incidents and troubling use of force is really just indicative of the whole problem with law enforcement in the first place. Being able to simply ignore independent journalists is just a symptom of a broader issue of how insular law enforcement is, and how they feel no obligation to the people who pay their salaries.
And it’s not like we don’t try. As many of you know who watch the show, Stephen and I traveled to Trenton, New Jersey, to get comment after we caught cops lying on body camera video. Even though the department promised to grant us an interview, when we arrived, the spokesperson for the troubled agency simply disappeared into thin air.
I mean seriously, a person whose job it is to answer questions from the media and the public about police misconduct ghosted us like a bad Tinder date. The point I’m trying to make here is one that bears repeating. This lack of responsiveness isn’t about just blowing off independent journalists or not wanting to answer uncomfortable questions. This isn’t about the fact that we’re just YouTube based reporters who don’t warrant the attention they afford journalists who work for broadcast TV or newspapers. Which in itself begs the question, do they only speak to journalists who they know will paint them in a good light? Will they only speak to reporters who they know will take their side of the story without question? No. It’s not just that.
What I think we see in this refusal to acknowledge independent media is something far more troubling about American law enforcement, an imperative that drives it and sustains it, which is not always obvious but needs to be explored. I think the fact that police feel empowered to not have to answer reasonable questions about unreasonable actions reveals an anti-democratic impulse that runs throughout policing. That is, their right to outright ignore a simple query is emblematic of how law enforcement is often incompatible with the basic tenets of a free society.
Let’s remember, as we have often discussed on the show, the process of policing has been the biggest impetus to the erosion of our Constitutional rights in contemporary history. Time and time again, the court has expanded the power of cops to ignore or otherwise override the Fourth Amendment protections against unreasonable searches and seizures. And that same system has pretty much given officers the discretion – Provided it’s so-called “reasonable” – To take our lives.
All of this, however, means nothing unless we as journalists do something about it. There is no point in complaining about police intransigence if we don’t also hold ourselves accountable to do more to ensure cops answer when we ask. And so I want to state here, publicly, on this show, that our visit to Trenton, New Jersey, is just the beginning. That, when it is both feasible and affordable, we will travel to the city we are reporting on and demand answers in person from the cops in question.
Now, I can’t say we will do this every single time or in every single case, but when we can, we will make the extra effort to be heard. If and when we can raise the money, we will make sure of our voice, and by extension, your voices are not ignored. We will, when we can, travel to ensure that police malfeasance and misconduct does not occur in darkness. This is not a pledge I make lightly. It’s not something I say just to create drama. And it’s not even a process I have, honestly, entirely thought through, to be perfectly frank.
But what I do know is I simply cannot allow a powerful institution to simply ignore my questions or your questions. I can’t allow this country’s massive law enforcement-industrial complex to remain unscrutinized by independent media like TRNN. Now, I know there are critics out there who are saying, Taya, you don’t need to do this. Let the local media handle that, or, just wait until the story becomes national news, and then the police won’t have a choice but to respond. We could just wait and see if they ever deemed a story worthy of their coverage.
Well, that’s okay if you want to entrust the truth to organizations that are funded with corporate dollars and owned by the top 1%, that’s fine. If you think national TV anchors, who make millions in salary, really understand what it’s like to be entrapped in our criminal justice system, which literally functions as an ad hoc debtor’s prison. That’s totally copacetic. If you think that the current system, which houses more prisoners than any country on earth and yet suffers from constant unending violence, should only be accountable to the people who helped create it?
Well, I might be biased, but I think I’m going to make a bet on The Real News Network and the Police Accountability Report and the journalism that we do. It might not always be pretty or perfect, but I can guarantee we do it because we care. Because we care about this country, we care about our community, and we care about you, and hopefully making the world a better place for both of us.
I’d like to thank my guest Chase Hasegawa for being so open with us and sharing his experience with the Valley Center San Diego Sheriffs. Thank you, Chase. And of course, I have to thank intrepid reporter Stephen Janis for his writing, his research, and his 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 friend of the show Noli Dee and mod Lacey R for their support. Thank you so much. And a very special thanks to our Patreons, especially super friends Shane Bushta, Pineapple Girl, and Code, and my new Patron associate producers Louis and John Roe. We appreciate you, and I look forward to thanking each and every one of you personally in our next live stream.
And I want you watching to know that if you have 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. I do read your comments and I appreciate them, and I try to answer your questions when I can. 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 greatly appreciated.
My name is Taya Graham, and I am your host of the Police Accountability Report. Please be safe out there.
Michael Q. Banks was in his car one evening when a specialized crime unit of Trenton police suddenly pulled him from his vehicle and slammed him on the pavement, breaking his nose. Police proceeded to tear apart Banks’ car without his consent. Banks invoked his Fourth Amendment rights, but to no avail. Police later justified their search by claiming Banks had displayed “aggressive behavior” and given police a “startled look” upon being accosted. The crime rate of the neighborhood Banks was parked in was also used to justify police actions. One of the officers, Michael Gelton, was later responsible for shooting and paralyzing Jajuan Henderson.
Banks’s ordeal exemplifies how police departments treat poor communities and communities of color across the country, as well as the dangerous implications such tactics have on the erosion of Fourth Amendment rights. Police have used the high crime rates that often occur in poor neighborhoods to justify violent tactics that frequently result in civil rights violations. Yet police aggression has failed to have a measurable impact on local crime or its underlying causes of poverty and systemic neglect. Banks spoke with Police Accountability Report about his ordeal. A Trenton police spokesperson failed to appear for a previously scheduled interview with PAR.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
This transcript will be made available as soon as possible.
On Monday, Sept. 26, incarcerated workers at all major Alabama Department of Corrections prison facilities began a labor strike. The strike is focused on both improving the living conditions of prisoners and demanding changes to Alabama’s draconian parole and sentencing laws and practices. A 2020 Justice Department lawsuit found that the Alabama prison system “fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff.”
TRNN contributor Michael Sainato returns to Rattling the Bars to discuss the issues at play in this prison strike. The labor of Albama’s prisoners not only keeps the facilities that cage them operational, but also contributes to the economies of depressed rural regions of the state. This economic dependence on incarceration is one of the factors driving Alabama’s inhumane parole practices—some 97% of parole cases in the state are rejected. Striking prisoners and their loved ones protesting in support from the outside are calling for the repeal of the state’s Habitual Felony Offenders Act, along with other major changes to Alabama’s parole and sentencing laws. Current updates on the prison strike are being released by the organization Free Alabama Movement. This conversation was recorded on Sept. 27.
Studio/Post-Production: Cameron Granadino
Transcript
This transcript will be made available as soon as possible.
Married couple Wesley and Eshanae Chumbler were traveling with their 3-year-old child across the Illinois border into Kentucky when they were stopped at a police checkpoint by Kentucky law enforcement. For reasons that were hard to discern, police asked law enforcement to park their car on the side of the road. After asking Eshanae, who was driving the vehicle, to show her insurance information and driver’s license, police asked her to step out the car, and would not provide a reason when asked for one. When the couple refused, police violently forced them from their vehicle. Wesley was thrown to the ground in the process, and lost three teeth as a result. Officers proceeded to conduct a search on the vehicle, finding a small amount of marijuana. Cannabis is legal in Illinois, but not in Kentucky. The Chumblers say they were not aware that the marijuana was even in their vehicle. Kentucky police proceeded to arrest the couple for possession, and slapped additional charges on husband Wesley for obstruction.
The Chumblers’ case exemplifies how law enforcement is conducting itself across the country. Police departments emphasize the collection of fines and fees needed to continue feeding their ever-expanding budgets, rather than activities that promote the safety and health of communities. As cannabis laws change at an uneven pace throughout the country, states that still criminalize marijuana are increasingly targeting interstate travelers for legally questionable “fishing operations” that often trap unwitting drivers into legal nightmares far from home.
Studio: Stephen Janis Post-Production: Stephen Janis, Adam Coley
Transcript
The transcript of this interview will be made available as soon as possible.
All across the United States, city and state governments have increasingly turned to fines and fees to make up for budget shortfalls. This has required a corresponding explosion in police department budgets, creating a perverse cycle where local governments must consistently expand policing in order to continue to pay for policing. Rural America has not escaped this trend, and a new Vera Institute report has found that small and rural counties are now the main drivers of growth in the prison industrial complex. According Vera’s research, the boom in county jails appears to be driven by an increased amount of people who are either held pretrial or warehoused for federal, state, or other municipal authorities.
Stephen Janis and Taya Graham of Police Accountability Report join Rattling the Bars to discuss these findings in light of their own reporting on rural policing. In a wide-ranging conversation, Stephen and Taya help connect the dots between the rural jail boom and the rural police boom, the opioid crisis, and the decades-long economic crisis in rural America.