ACLU of Arkansas sued after White County Deputy Sheriff Britt Simpson, a local drug task force member, shouted racial slurs at several black people in a drunken fit.
KATV News reported, "A Searcy police officer accused Simpson of stealing a Brinkley officer's gun and threatening black men with it and using racial slurs. The state ACLU said it has filed a federal civil rights lawsuit against Simpson." The White County Sheriff is up for re-election, and the incident has become a campaign issue.
Sunday, October 24, 2004
Saturday, October 23, 2004
Siva V on copyrights and wrongs
An old pal from UT who I knew from working together at The Daily Texan, Siva Vaidhyanathan gave an interesting interview on the Internet copyright wars, a subject about which he's published two books.
I'm pretty much 100% with Siva on the broad outlines of this subject, but I must say I found his points about polarization of debate over P2P file sharing a bit wrong-headed. He complains of "rabid rhetoric" by consumers and "extreme moves" by the big corporations, but to me, he paints a false picture to equate the two and call for "middle ground." In Siva's words, "To both the big music companies and my students, we are talking about fundamental values: commerce vs. freedom. Neither side concedes the slightest point to the other."
In the introduction, though, interviewer R.U. Sirius pointed out that downloaders are up for a reasonable compromise. Sirius noted, "the 'free music' debate has been rendered at least partly moot for one individual: me. It may sound terribly unhip, but I’m getting more satisfaction from a certain subscription music site than I have ever received while navigating the vagaries of the chaotic file-sharing universe. This is, of course, the point that file sharers have been making forever — that if the music industry would just get its shit together and offer better services at a reasonable price, they wouldn’t need to go stomping all over the p2p (peer-to-peer) crowd."
The examples given in the interview for this alleged polarization belie the equation of "extremes" Siva alleges. The link giving an example of "extreme moves" by corporations references efforts by a powerful industry lobbyist pushing for radical legislation in Congress. The link portraying "rabid rhetoric" leads to a post in the comments section of a blog by "Toiletman" commanding readers to "Fuck the RIAA." It doesn't take a social scientist or cultural historian to see there's a fundamental distinction between the two -- the corporate lobbyist has a decent shot of getting what he wants, while Toiletman, however over-the-top his rhetoric, couldn't influence Congress to pass gas.
Sirius' attitude expressed above conforms more to my own experience -- most Internet users aren't unreasonable or looking to "steal." We're just tired of being stolen from, and what's being stolen is our First Amendment right to free expression. In the big picture, Siva agrees, as indicated by such insightful comments as "Copyright is the most pervasive threat to free speech in America." Who owns those copyrights, though? It ain't Toiletman.
What's really happening on this topic is that corporations are rolling over us all, with most folks having little or no real recourse to combat them. The "rabid rhetoric" expresses frustration at powerlessness. The "extreme moves" are mere expressions of the prerogatives of power. In that context, "middle ground" just means whatever concessions can be wrung out of the big companies -- I'm not even sure what it would mean for consumers to seek middle ground, since right now they're afforded no turf at all.
Thankfully Siva and a lot of other good folks are working hard to protect the rights of consumers against these media giants, however one frames the debate. Check out his latest book, The Anarchist in the Library, if what you see in the interview interests you.
I'm pretty much 100% with Siva on the broad outlines of this subject, but I must say I found his points about polarization of debate over P2P file sharing a bit wrong-headed. He complains of "rabid rhetoric" by consumers and "extreme moves" by the big corporations, but to me, he paints a false picture to equate the two and call for "middle ground." In Siva's words, "To both the big music companies and my students, we are talking about fundamental values: commerce vs. freedom. Neither side concedes the slightest point to the other."
In the introduction, though, interviewer R.U. Sirius pointed out that downloaders are up for a reasonable compromise. Sirius noted, "the 'free music' debate has been rendered at least partly moot for one individual: me. It may sound terribly unhip, but I’m getting more satisfaction from a certain subscription music site than I have ever received while navigating the vagaries of the chaotic file-sharing universe. This is, of course, the point that file sharers have been making forever — that if the music industry would just get its shit together and offer better services at a reasonable price, they wouldn’t need to go stomping all over the p2p (peer-to-peer) crowd."
The examples given in the interview for this alleged polarization belie the equation of "extremes" Siva alleges. The link giving an example of "extreme moves" by corporations references efforts by a powerful industry lobbyist pushing for radical legislation in Congress. The link portraying "rabid rhetoric" leads to a post in the comments section of a blog by "Toiletman" commanding readers to "Fuck the RIAA." It doesn't take a social scientist or cultural historian to see there's a fundamental distinction between the two -- the corporate lobbyist has a decent shot of getting what he wants, while Toiletman, however over-the-top his rhetoric, couldn't influence Congress to pass gas.
Sirius' attitude expressed above conforms more to my own experience -- most Internet users aren't unreasonable or looking to "steal." We're just tired of being stolen from, and what's being stolen is our First Amendment right to free expression. In the big picture, Siva agrees, as indicated by such insightful comments as "Copyright is the most pervasive threat to free speech in America." Who owns those copyrights, though? It ain't Toiletman.
What's really happening on this topic is that corporations are rolling over us all, with most folks having little or no real recourse to combat them. The "rabid rhetoric" expresses frustration at powerlessness. The "extreme moves" are mere expressions of the prerogatives of power. In that context, "middle ground" just means whatever concessions can be wrung out of the big companies -- I'm not even sure what it would mean for consumers to seek middle ground, since right now they're afforded no turf at all.
Thankfully Siva and a lot of other good folks are working hard to protect the rights of consumers against these media giants, however one frames the debate. Check out his latest book, The Anarchist in the Library, if what you see in the interview interests you.
Texarkana Sheriff candidates differ on drugs
One of my deepest frustrations with drug policy is that the terms of public debate are circumscribed to remove most solutions from the table before discussion even begins. The terms of debate are changing, though, and in Texas we're starting to have discussions about whether the criminal justice system can resolve the state's drug problems, really, for the first time.
The two candidates for Bowie County sheriff in Texarkana typify these slowly shifting terms of debate, offering quite different approaches to the drug war in Thursday's Texarkana Gazette.
The Republican challenger Mike Landers, presently works as deputy sheriff and DARE officer in the department. He appears to view law enforcement as essentially an opportunity for generating revenue, as though it were a business. He proposes restarting the county's defunct drug task force "to enhance revenues by taking drug money from dealers," and he wants to use a county corrections facility to house out of state prisoners for profit. Naturally, he thinks the failed DARE program should be continued, and wants uniformed deputies staffed in the schools.
(Perhaps no one told Deputy Landers that the man atop his Republican ticket, President Bush, tried to eliminate funding for drug task forces each of his four years in office. John Kerry egregiously supports their full funding.)
By contrast, the Democratic incumbent sheriff, James Prince voiced surprisingly reasonable views on the subject for an East Texas law enforcement official in the middle of an election. He too "attributed most crimes to the ongoing illegal drug trade. 'Drugs cause a majority of these crimes,' he said." ... "'But just arresting the drug users and putting them in jail isn't the answer,' Prince said. 'We will have to do more and we will.'" He also proposes greater focus on domestic violence and abuse cases.
Just five years ago, amigos, no Texas politician would ever utter the phrase "just arresting the drug users and putting them in jail isn't the answer," and certainly not during an election season. For thirty years that's been the only answer Texas law enforcement had for combatting drug addiction. Sheriff Prince takes a big risk here by indulging in what the Bush administration calls "reality based" thinking, while his opponent demagogues for more of the same, failed strategies. Here's hoping Bowie County voters reward the Sheriff's good sense on the subject with a second term.
The two candidates for Bowie County sheriff in Texarkana typify these slowly shifting terms of debate, offering quite different approaches to the drug war in Thursday's Texarkana Gazette.
The Republican challenger Mike Landers, presently works as deputy sheriff and DARE officer in the department. He appears to view law enforcement as essentially an opportunity for generating revenue, as though it were a business. He proposes restarting the county's defunct drug task force "to enhance revenues by taking drug money from dealers," and he wants to use a county corrections facility to house out of state prisoners for profit. Naturally, he thinks the failed DARE program should be continued, and wants uniformed deputies staffed in the schools.
(Perhaps no one told Deputy Landers that the man atop his Republican ticket, President Bush, tried to eliminate funding for drug task forces each of his four years in office. John Kerry egregiously supports their full funding.)
By contrast, the Democratic incumbent sheriff, James Prince voiced surprisingly reasonable views on the subject for an East Texas law enforcement official in the middle of an election. He too "attributed most crimes to the ongoing illegal drug trade. 'Drugs cause a majority of these crimes,' he said." ... "'But just arresting the drug users and putting them in jail isn't the answer,' Prince said. 'We will have to do more and we will.'" He also proposes greater focus on domestic violence and abuse cases.
Just five years ago, amigos, no Texas politician would ever utter the phrase "just arresting the drug users and putting them in jail isn't the answer," and certainly not during an election season. For thirty years that's been the only answer Texas law enforcement had for combatting drug addiction. Sheriff Prince takes a big risk here by indulging in what the Bush administration calls "reality based" thinking, while his opponent demagogues for more of the same, failed strategies. Here's hoping Bowie County voters reward the Sheriff's good sense on the subject with a second term.
TN task force agent stole drug buy money
DRCNet recently reported the following drug task force scandal from Tennessee:
"A Tennessee drug task force member was arrested October 1 and charged with felony theft after being accused of ripping off task force funds. Cpl. Jeff Tabor of the Sullivan County Sheriff's Department and the 2nd Judicial Drug Task Force had admitted to taking $888.61 out of the task force drug buy fund for personal use, the Johnson City Press reported. He approached his superiors in a bid to pay back the money, but instead was suspended in September and then arrested and charged last week."
"A Tennessee drug task force member was arrested October 1 and charged with felony theft after being accused of ripping off task force funds. Cpl. Jeff Tabor of the Sullivan County Sheriff's Department and the 2nd Judicial Drug Task Force had admitted to taking $888.61 out of the task force drug buy fund for personal use, the Johnson City Press reported. He approached his superiors in a bid to pay back the money, but instead was suspended in September and then arrested and charged last week."
Falwell's values shape candidate
An earlier post provided details and links about the Askew family's long relationship with Moral-Majority founder Jerry Falwell, who came to Austin last week to campaign for their son, Alan. His father is on the board of Falwell's Liberty University and his wife actually worked as Falwell's receptionist. Askew's opponent, Patrick Rose, is a middle-of-the-road Democrat. Here's another barely poetic offering in Mr. Askew's honor.
School days at Liberty U
When Alan Askew went to school he studied at the knee
Of Reverend Jerry Falwell at the U of Liberty.
While his wife screened calls from journalists
And brought the Rev his tea.
There they taught him values, like shame and bigotry
Sang odes to Phyllis Schlafly, Gary Bauer, and Alan Keyes
His thoughts, okay, a bit askew
But so-named, it must be.
Now Falwell wants the voters of District 45
To hand the reins of power to this scion of the right.
He must think they're crazy,
I hope that he's not right.
When Alan Askew went to school he studied at the knee
Of Reverend Jerry Falwell at the U of Liberty.
While his wife screened calls from journalists
And brought the Rev his tea.
There they taught him values, like shame and bigotry
Sang odes to Phyllis Schlafly, Gary Bauer, and Alan Keyes
His thoughts, okay, a bit askew
But so-named, it must be.
Now Falwell wants the voters of District 45
To hand the reins of power to this scion of the right.
He must think they're crazy,
I hope that he's not right.
10-23 additional note: I have to apologize for an error -- a commenter pointed out that Askew's wife, not his mother was Falwell's secretary. I misread the Statesman clip to say it was his father's wife, and since the post was in jest I failed to adequately fact check. I regret the mistake, and have since edited the poem to account for it.
Friday, October 22, 2004
Kerry better b/c he won't cut drug task forces: Iowa AG
The Iowa Attorney General endorsed Kerry on the grounds that Bush wants to cut Byrne grant funding for drug task forces and Kerry doesn't.
It's amazing that Bush is so bad on everything else that his drug task force position doesn't matter to me, even as we see endless strings of crappy oucomes like the case in Palestine. Ending the Byrne grant program may be the only major item on which I agree with the incumbent president.
Ugh. Sadly, Kerry's task force stance lets us know that even if he turns out to be better on Iraq (and that's far from assured), on the drug war, to quote quite a different Byrne, we get the "same as it ever was," no matter who prevails on November 2nd.
It's amazing that Bush is so bad on everything else that his drug task force position doesn't matter to me, even as we see endless strings of crappy oucomes like the case in Palestine. Ending the Byrne grant program may be the only major item on which I agree with the incumbent president.
Ugh. Sadly, Kerry's task force stance lets us know that even if he turns out to be better on Iraq (and that's far from assured), on the drug war, to quote quite a different Byrne, we get the "same as it ever was," no matter who prevails on November 2nd.
Nuther Alan Askew Limerick: Why not?
Another homage to Alan Askew, Jerry Falwell's gift to Texas House District 45.
Alan Askew dodged the debates.
When Rose showed up he showed up late.
He looked for a sign,
Asked God, then declined,
But when Falwell came he kept the date.
He looked for a sign,
Asked God, then declined,
But when Falwell came he kept the date.
95% of Anderson County busts Palestine residents
The statistical improbability of the recent Dogwood Trails drug task force bust grows and grows. The Lufkin newspaper reports that 95% of the 72 indicted in the recent drug bust were residents of the city of Palestine!
Pete at Drug War Rant estimated from federal statistics that perhaps 165 crack users lived in all of Anderson County. But Palestine's population is around 17,731, while Pete's estimates were from countywide data. Using the high end of federal crack-use-rate estimates, one finds that the total number of crack users at any time in Palestine might be around 71. In other words, they've arrested as many people as there likely are crack users in the whole town, and called it a "crack distribution ring." It's an Orwellian twist to refer to a "distribution ring" as including the end-of-the-line users to whom the drugs are distributed. But could it be otherwise?
Pete at Drug War Rant estimated from federal statistics that perhaps 165 crack users lived in all of Anderson County. But Palestine's population is around 17,731, while Pete's estimates were from countywide data. Using the high end of federal crack-use-rate estimates, one finds that the total number of crack users at any time in Palestine might be around 71. In other words, they've arrested as many people as there likely are crack users in the whole town, and called it a "crack distribution ring." It's an Orwellian twist to refer to a "distribution ring" as including the end-of-the-line users to whom the drugs are distributed. But could it be otherwise?
Kansas task force dissolved after scandal depletes staff
This Byrne-funded drug task force in Kansas dissolved after its ranks were 100% depleted from various disciplinary episodes.
The El Dorado Times reported earlier, (no longer available for free),
The Kansas Bureau of Investigation "launched an investigation in September at the request of the El Dorado Police Department and the Butler County Sheriff's Department.
Hopefully the disgrace of the whole system will take all the Byrne drug task forces down. Not personally tending toward schadenfreude, watching them go down one at a time over familiar, repeated scandals becomes painful and a bit demoralizing.
The El Dorado Times reported earlier, (no longer available for free),
The Kansas Bureau of Investigation "launched an investigation in September at the request of the El Dorado Police Department and the Butler County Sheriff's Department.
"Butler County Sheriff Craig Murphy and El Dorado Police Chief Tom Boren requested that the KBI conduct an investigation involving the El Dorado police detective sergeant and his son, a detective with the sheriff's department.And then there were none.
"The detectives, who are both members of a drug task force in the county, were not accused of illegal drug activity. They were both placed on paid administrative leave by their respective departments, and remained so for four weeks.
"Murphy said the task force now consists of just one officer from El Dorado and one from the county. It was formerly more multijurisdictional, said Murphy, but Augusta dropped out and the force dwindled to two." [ed note: the two left were the suspended father and son.]
Hopefully the disgrace of the whole system will take all the Byrne drug task forces down. Not personally tending toward schadenfreude, watching them go down one at a time over familiar, repeated scandals becomes painful and a bit demoralizing.
Complainers about high taxes take note
Even as Dallas learns that sloppy or malicious police practices typify their local drug enforcement strategies, the Dallas Morning News reports that overenforcement of low-level drug and vice crimes have forced the county to re-open a mothballed detention facility at a cost of $300K per month.
Crackdowns on prostitution and homelessness have filled up the local jail, the paper reports, and will fill up the re-opened detention facility in a week. Those additional arrests add to an ongoing problem of a small army of defendants arrested for "low-grade" drug offenses, many of whom languish in jail needlessly at taxpayers expense.
Virtually everyone in the Dallas County jail will get out in the short to medium term, so the protection of the public aspect here is minimal, and anyway we're talking nearly exclusively about nonviolent offenses causing the overpopulation problem. If anyone can justify such policies with an argument based on the public good, I'd sure like to hear it. It looks to me like the public is paying through the nose to damage large numbers of lives via incarceration, then financing a growing police state to shield the public from the ever-increasing bad consequences of that policy.
Complainers about high taxes take note.
Crackdowns on prostitution and homelessness have filled up the local jail, the paper reports, and will fill up the re-opened detention facility in a week. Those additional arrests add to an ongoing problem of a small army of defendants arrested for "low-grade" drug offenses, many of whom languish in jail needlessly at taxpayers expense.
Virtually everyone in the Dallas County jail will get out in the short to medium term, so the protection of the public aspect here is minimal, and anyway we're talking nearly exclusively about nonviolent offenses causing the overpopulation problem. If anyone can justify such policies with an argument based on the public good, I'd sure like to hear it. It looks to me like the public is paying through the nose to damage large numbers of lives via incarceration, then financing a growing police state to shield the public from the ever-increasing bad consequences of that policy.
Complainers about high taxes take note.
Dogwood Trails busts white folks, too
The Dogwood Trails drug task force based in Palestine, Texas participated in a massive sweep of small-time meth labs in East Texas, trumpeted in the media as the "Methbusters" campaign. Here's the DEA press release from that sweep earlier this year. (Dogwood Trails was not the only or principal investigative agency, as they are in the new case where all 72 busts are in Anderson County.)
I wish I needn't mention that most "meth labs," so scarily portrayed with skull and crossbones symbols over the shoulder of the local TV newscaster, are typically lone addicts making meth in their kitchen sink in user-only quantities. But because, of course, they have to make it, they're charged with "manufacturing," which has the same penalties as sale and delivery.
The fury over "meth labs" is the latest scare campaign by politicians to convince the public, or at least rural voters in red states, they still need the drug war. Ironically, it also may become the drug war's last (and still not credible) defense against charges of racial profiling. Why the sea of free market conservatives out there can't see that legalization and regulation would keep this stuff from being manufactured in neighborhoods or sold to kids is beyond me.
DOJ reports the Dogwood Trails task force seized no assets during fiscal year 2002. Then the city of Jacksonville dropped out of the task force, meaning they had to come up with the extra $26,000 previously mulcted from Jacksonville taxpayers. They thought they'd make up the money by merging with another area task force, but couldn't work out the politics. With these recent busts, it now becomes clear where Commander Curtis Bitz intends to get the extra cash.
I wish I needn't mention that most "meth labs," so scarily portrayed with skull and crossbones symbols over the shoulder of the local TV newscaster, are typically lone addicts making meth in their kitchen sink in user-only quantities. But because, of course, they have to make it, they're charged with "manufacturing," which has the same penalties as sale and delivery.
The fury over "meth labs" is the latest scare campaign by politicians to convince the public, or at least rural voters in red states, they still need the drug war. Ironically, it also may become the drug war's last (and still not credible) defense against charges of racial profiling. Why the sea of free market conservatives out there can't see that legalization and regulation would keep this stuff from being manufactured in neighborhoods or sold to kids is beyond me.
DOJ reports the Dogwood Trails task force seized no assets during fiscal year 2002. Then the city of Jacksonville dropped out of the task force, meaning they had to come up with the extra $26,000 previously mulcted from Jacksonville taxpayers. They thought they'd make up the money by merging with another area task force, but couldn't work out the politics. With these recent busts, it now becomes clear where Commander Curtis Bitz intends to get the extra cash.
Thursday, October 21, 2004
Adieu Askew
Liberty University graduate Alan Askew's father, also his employer (he "manages" his father's ranch), is trying to buy the Texas House District 45 race with a $200,000 loan to buy television ads. Liberty University founder Jerry Falwell was one of Askew's earliest donors, and came to the district to speak on Askew's behalf last week. Askew's father sits on the Liberty University Board of Trustees. Askew's wife literally used to be Falwell's receptionist! Incumbent Patrick Rose from Dripping Springs is a centrist Democrat.
With these facts in mind, I offer this limerick in Mr. Askew's honor,
With these facts in mind, I offer this limerick in Mr. Askew's honor,
Adieu Askew
Alan Askew’s Dad paid his due
All through college at Liberty U
Jerry Falwell and Dad
Bought his TV ads
Like Rick Green, with a Swaggert-toned hue.
Well his cowboy hat looked so gay
But right-wing ties gave him away.
Tell Falwell to go
Where the sun never shows
And vote Rose on election day.
(If you like this you might like my earlier post on Askew.)
Dogwood Trails TF shoots marijuana suspect
The Dogwood Trails Narcotics Task Force -- the same task force that busted 72 black people in a single rural county last week, claiming they were all part of a crack distribution network -- now hopes to file kidnapping and attempted capital murder charges on a 22-year old man who fled in his car because he feared arrest for an outstanding marijuana posession warrant. Task force officers shot the driver who fled into the woods and was hunted down with dogs. The attempted capital murder and kidnapping charges are almost assuredly bogus, the kind of thing typically trumped up to penalize suspecs for fleeing. The kidnapping charge stems from having two "unwilling" passengers, though when you're charging the driver with murder it's hard to imagine anyone admitting they were "willing." Certainly no one claims the two were kidnapped before they got in the vehicle.
I'm reminded of the subtitle to Malcolm Gladwell's book, The Tipping Point: "How little things can make a big difference." Here this kid is wanted on a penny-ante marijuana charge, a Class B misdemeanor with a max penalty of six months in jail and likely probation -- and now he could spend the rest of his life in prison for a stupid, juvenile mistake that hurt no one but himself. Talk about a needless drug war casualty.
Meanwhile, it's completely unacceptable police practice to shoot at a car with three unarmed people in it, if that's what happened. The article confusingly claims both that police shot out a tire, that a blown tire caused the driver to wreck, then seems to imply that police didn't shoot until after the car was stopped. This video from this incident gets added to the open records request I'll be filing with this task force on behalf of ACLU of Texas in the near future.
I'm reminded of the subtitle to Malcolm Gladwell's book, The Tipping Point: "How little things can make a big difference." Here this kid is wanted on a penny-ante marijuana charge, a Class B misdemeanor with a max penalty of six months in jail and likely probation -- and now he could spend the rest of his life in prison for a stupid, juvenile mistake that hurt no one but himself. Talk about a needless drug war casualty.
Meanwhile, it's completely unacceptable police practice to shoot at a car with three unarmed people in it, if that's what happened. The article confusingly claims both that police shot out a tire, that a blown tire caused the driver to wreck, then seems to imply that police didn't shoot until after the car was stopped. This video from this incident gets added to the open records request I'll be filing with this task force on behalf of ACLU of Texas in the near future.
"The problem of prison rape is real"
"The problem of prison rape is real and we're committed to solving it," said Carl Reynolds, the head of Texas Department of Criminal Justice, in response to ACLU of Texas' lawsuit about which The New York Times reported on October 16 (registration required). An ACLU client was used as a sex slave by prison gangs despite repeated complaints to prison officials. Human Rights Watch, reported the article, has identified six additional, similar cases. Without question that's just the tip of the iceberg.
My college buddy Jorge Renaud was one of the most talented writers and poets I knew in my peer group in school. Tragically, he is currently doing time for armed robbery, but he wrote about TDCJ's attidude toward sexual assault in his excellent and highly recommended 2002 book, Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates. As Jorge tells it, TDCJ "does not admt to any sexual assault within its walls," so the above admission takes on new import. (He points to the massive attempted suicide rate as evidence that prison rape occurs, arguing that is what the suiciders are trying to get away from. According to Jorge, "Free-world journalists have asked and been told the numbers aren't "readily available." Yet each TDCJ unit has, in its infirmary, rape kits to collect evidence of sexual assaults." If nothing else, this ACLU suit has now pried away more data, reported in the Times article, though judging from Jorge's estimates it's still way underreported.
Jorge describes how weak inmates are forced to "ride" to survive -- to "ride" is to essentially become a sex slave in exchange for protection from beatings and other mistreatment. Latino gangs ban together to protect Latinos, especially from "riding" with blacks, Jorge reports. However, "on many units, the Blacks and Latinos vow that 'all white boys must ride,' so an Anglo who fights back will face regular beatings by increasing numbers, until he is broken, moved, stabs someone and is put in ad/seg, or somehow convinces the other inmates to leave him alone." What a nightmare.
If you're not aware of this landmark Texas prison rape case, please take a look at the Times article. If, as Dostoevsky said, the degree of civilization in a society may be judged by entering its prisons, Texas remains an uncivilized place indeed.
My college buddy Jorge Renaud was one of the most talented writers and poets I knew in my peer group in school. Tragically, he is currently doing time for armed robbery, but he wrote about TDCJ's attidude toward sexual assault in his excellent and highly recommended 2002 book, Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates. As Jorge tells it, TDCJ "does not admt to any sexual assault within its walls," so the above admission takes on new import. (He points to the massive attempted suicide rate as evidence that prison rape occurs, arguing that is what the suiciders are trying to get away from. According to Jorge, "Free-world journalists have asked and been told the numbers aren't "readily available." Yet each TDCJ unit has, in its infirmary, rape kits to collect evidence of sexual assaults." If nothing else, this ACLU suit has now pried away more data, reported in the Times article, though judging from Jorge's estimates it's still way underreported.
Jorge describes how weak inmates are forced to "ride" to survive -- to "ride" is to essentially become a sex slave in exchange for protection from beatings and other mistreatment. Latino gangs ban together to protect Latinos, especially from "riding" with blacks, Jorge reports. However, "on many units, the Blacks and Latinos vow that 'all white boys must ride,' so an Anglo who fights back will face regular beatings by increasing numbers, until he is broken, moved, stabs someone and is put in ad/seg, or somehow convinces the other inmates to leave him alone." What a nightmare.
If you're not aware of this landmark Texas prison rape case, please take a look at the Times article. If, as Dostoevsky said, the degree of civilization in a society may be judged by entering its prisons, Texas remains an uncivilized place indeed.
Wednesday, October 20, 2004
Hush, Alan Askew
Central Texans may have read that Republican Alan Askew's parents loaned him $200K to buy television ads in his hotly contested race with Democratic incumbent Patrick Rose in Texas House District 45.
In Askew's honor, I offer up this rendering of an old standard, to be sung to the tune of the lullaby, "Hush, little baby." Enjoy.
In Askew's honor, I offer up this rendering of an old standard, to be sung to the tune of the lullaby, "Hush, little baby." Enjoy.
Hush, Alan Askew
Hush, Alan Askew, don't make a peep,
Papa's gonna buy you a legislative seat.
Daddy really needs you to win,
So you can pay him back from your lobbyist friends.
You'll be like your friend Rick Green,
Bought and paid for, and far right wing.
So hush little Alan, don't make a peep,
Papa's gonna buy you a legislative seat.
Hush, Alan Askew, don't make a peep,
Papa's gonna buy you a legislative seat.
Daddy really needs you to win,
So you can pay him back from your lobbyist friends.
You'll be like your friend Rick Green,
Bought and paid for, and far right wing.
So hush little Alan, don't make a peep,
Papa's gonna buy you a legislative seat.
Palestine defendants all black, state records sealed
I drove up to Palestine, Texas with reporter Dave Mann of The Texas Observer to check out the massive drug task force bust I reported on Sunday. While by agreement for his help I won't scoop him on certain items, I can sadly report that the case fulfills many stereotypes about how these drug task forces function.
First, all 72 defendants are black -- every last mother's son and daughter of them. In Tulia only 39 of the 46 were black. In Palestine, they've made it unanimous. While I wasn't given a complete list, a DA's employee showed me the full list while he was copying by hand the names he would give me. I had enough time to read down the race/gender column on both pages twice, just to make sure -- the list said B/M or B/F on every last one, including the names that weren't checked as releasable to me.
Second, many of the defendants have no significant criminal record. Although an assistant district attorney (who it turns out, went to my high school in Tyler) assured me that "these are people we see in and out of the system all the time," and that "we know these people," that wasn't true for the majority for whom we checked criminal records. More detail on that later from Dave Mann.
Third, the records were still sealed, even for those already in custody!, including both the indictments and search warrant affidavits (which are supposed to public after they're executed except in "sneak and peek" searches by federal spooks). Neither the DA nor the drug task force would reveal information about the three residences and other property they claim to have seized. The DA's office promised to mail copies of all the indictments later this week, but it will probably take another trip or an open records request to get the other stuff.
Fourth, the prosecutors we talked to were careful to not say all these people were "selling" crack. Instead they'd say they engaged in drug "distribution." Without having seen the documents, that tells me they're splitting hairs to include people as "dealers" who may not have profited from the transaction.
Fifth, as was the case in Tulia, the task force targeted multiple members of particular families. Alan Bean of Tulia Friends of Justice tells me that some of these family names, but not the same individuals, were included in another large Dogwood Trails task force bust in 2001.
Finally, in an ugly media moment, large chunks of the Palestine Herald-Press article quoted in my Sunday post turn out to have been reprinted nearly verbatim from the Dogwood Trails Task Force own press release. Uugh. And we wonder why the public lays down and lets this stuff happen! (I'll post a side-by-side of the two pieces later this week when I get a chance.)
Meanwhile, the Tyler paper covered the arraignment of a handful of the defendants in federal court yesterday. I'm going to be in Tyler soon to visit my father, so I'll get a look at that federal material in depth then, but they did reveal a few new items worth mentioning.
First, all 72 defendants are black -- every last mother's son and daughter of them. In Tulia only 39 of the 46 were black. In Palestine, they've made it unanimous. While I wasn't given a complete list, a DA's employee showed me the full list while he was copying by hand the names he would give me. I had enough time to read down the race/gender column on both pages twice, just to make sure -- the list said B/M or B/F on every last one, including the names that weren't checked as releasable to me.
Second, many of the defendants have no significant criminal record. Although an assistant district attorney (who it turns out, went to my high school in Tyler) assured me that "these are people we see in and out of the system all the time," and that "we know these people," that wasn't true for the majority for whom we checked criminal records. More detail on that later from Dave Mann.
Third, the records were still sealed, even for those already in custody!, including both the indictments and search warrant affidavits (which are supposed to public after they're executed except in "sneak and peek" searches by federal spooks). Neither the DA nor the drug task force would reveal information about the three residences and other property they claim to have seized. The DA's office promised to mail copies of all the indictments later this week, but it will probably take another trip or an open records request to get the other stuff.
Fourth, the prosecutors we talked to were careful to not say all these people were "selling" crack. Instead they'd say they engaged in drug "distribution." Without having seen the documents, that tells me they're splitting hairs to include people as "dealers" who may not have profited from the transaction.
Fifth, as was the case in Tulia, the task force targeted multiple members of particular families. Alan Bean of Tulia Friends of Justice tells me that some of these family names, but not the same individuals, were included in another large Dogwood Trails task force bust in 2001.
Finally, in an ugly media moment, large chunks of the Palestine Herald-Press article quoted in my Sunday post turn out to have been reprinted nearly verbatim from the Dogwood Trails Task Force own press release. Uugh. And we wonder why the public lays down and lets this stuff happen! (I'll post a side-by-side of the two pieces later this week when I get a chance.)
Meanwhile, the Tyler paper covered the arraignment of a handful of the defendants in federal court yesterday. I'm going to be in Tyler soon to visit my father, so I'll get a look at that federal material in depth then, but they did reveal a few new items worth mentioning.
- Although one of the five federal defendants was caught with large amounts of coke and crack, at least one other was only charged with distributing less than a gram. That's a rare federal charge. That person was released on bond because of health problems.
- The US Attorney is tacking on a "conspiracy" charge to the drug charges.
- The case started when the task force busted someone with a large amount of crack on Highway 45, which runs up near Palestine from Houston. Instead of arresting that person, they sent him on his way with the crack as a confidential informant, and apparently chose to let crack continue to be distributed into Anderson county through "various sources" since November 2002!
- ALL those indicted are from Anderson County, so what they didn't do was track the drugs upstream to the source of the drugs. They only cared about little, local fish.
Monday, October 18, 2004
Off to Pal-uh-steen
Driving up to Palestine, TX (pronounced "Pal-uh-steen") later today to follow up on the 72-person drug task force bust in Anderson County I reported on earlier. I'll spend tomorrow nosing around and know more of the backstory on that bizarre case later this week.
In a nice plug for Grits, the blog D'Alliance pointed out that both candidates for Anderson County sheriff -- D and R -- support expanding jail space and continued prosecution of low-level offenders. Business as usual, in other words. Since I first published this YESTERDAY, two bloggers, D'Alliance and Drug War Rant, both followed up adding new information to the mix. That's really cool. Thanks guys.
In a nice plug for Grits, the blog D'Alliance pointed out that both candidates for Anderson County sheriff -- D and R -- support expanding jail space and continued prosecution of low-level offenders. Business as usual, in other words. Since I first published this YESTERDAY, two bloggers, D'Alliance and Drug War Rant, both followed up adding new information to the mix. That's really cool. Thanks guys.
Houston Chronicle: No more Chuck Rosenthal
The Houston Chronicle just endorsed Reginald McKamie over the incumbent Harris County District Attorney Chuck Rosenthal! Hurrah! For the uninitiated, Rosenthal makes the drug czar look like a liberal, and is perhaps the most reactionary figure in Texas politics, which is saying something.
Here's McKamie's minimalist web site; help him any way you can. Come on, Reggie!
Here's McKamie's minimalist web site; help him any way you can. Come on, Reggie!
Above the law
Unreal! An Indiana drug task force commander pled guilty to SIX felonies -- five counts of forgery, one count of theft -- but on Friday received only community service as punishment. He was forging confidential informant payment vouchers then pocketing the money, but apparently that's not enough to get you jail time in Kokomo, Indiana.
Must be nice, huh?
AP reports the task force commander is the sixth officer from that department to resign over criminal allegations in the last four years.
Must be nice, huh?
AP reports the task force commander is the sixth officer from that department to resign over criminal allegations in the last four years.
LULAC: Tough on crime doesn't work
This column from the Fort Worth Star Telegram deserves the widest possible play. My friends Ana Correa and Ann del Llano authored the report on which the column is based, and I strongly recommend it for anyone interested in the drug war or criminal justice reform.
The Texas Legislature reconvenes for the 79th time in January 2005, and the issues laid out in this column constitute the crux of criminal justice reforms demanded by Texas community groups, including a lot of the folks in my links section. Last session we had some success convincing the the Republican Legislature of these arguments, but hopefully LULAC's report and their series of local town hall meetings statewide will push this meme over the top, transforming views like this columnist's from iconoclasm to conventional wisdom.
Oct. 17, 2004
How about 'just the facts'?
By Richard Gonzales
Special to the Fort Worth Star-Telegram
Texas tall tales abound when it comes to fighting crime. Notions on how to reduce criminality have held political sway in the Lone Star State too long over scientific studies of "what works."
Politicians, who should know better, have pandered to fears that crime runs amok in the streets. The results are counterproductive "get-tough" policies that exacerbate crime, break up families and cost taxpayers billions.
In a criminal justice policy brief that the Texas LULAC state executive office released in August, researchers show that since the 1990s, Texas has tripled the number of prisons and has a 51 percent higher incarceration rate than any other state.
The Legislature gives the Texas Department of Criminal Justice about $5 billion each biennium. TDCJ spends 90 percent of the money on prison beds and 10 percent on treatment and probation programs.
Part of the reason for the hefty spending is that Texas felony sentences are double the national average. Yet 70 percent of the prison admissions each year are for nonviolent crimes. About half of the prisoners are serving time for drug convictions of possession of less than one gram.
The interest of the League of United Latin American Citizens in Texas crime and punishment stems partly from the over-representation of Latinos and blacks in prison. The Justice Policy Institute found that even though 40 percent of Texans in 2003 were black and Latino, 70 percent of the prison population was minority. LULAC projects that at the current Latino imprisonment rate, one out of six Latino men born in 2001 will serve prison time.
LULAC cites studies claiming that racial profiling by police departments and drug task forces results in more searches of Latinos than whites. To accommodate the millennium prisoners, LULAC predicts, there will be a need for 2,000 new prison beds each year.
Texas also has the distinction of having the largest on-probation population in the United States, mainly because of its long probation terms for nonviolent offenders.
The study found that probation officers have too large a caseload for them to respond adequately to probationers' needs. Although probationers can successfully meet the terms of probation for years, one slip-up may land them back in prison.
The average prison term on a revoked probation is 4.3 years. In 2001, this cost the state $470 million. Despite the money, probation terms and hard time, Texas crime didn't decrease more than any other state's. Instead, the crime rate is 24 percent higher than the national average, according to 2003 TDCJ data. Imprisonment of the heads of households also takes its toll on the family and community.
The LULAC study claims that the children of imprisoned parents tend to make lower grades, drop out, become delinquent and increase their chances of following their parents into prison. Removing the significant male adult from a child's life leaves a void difficult for the mom and grandparents to fill. The absence of fathers in a community devalues the importance of males and places increased child-rearing burdens on women.
The report also found that imprisoned parents owed $2.5 billion in unpaid child support. A cycle of intergenerational poverty and crime is set in motion, abetted by tough policies that punish criminals and families.
LULAC says that "tough on crime punishments simply do not work on most offenders." In a state looking for quick and easy solutions to crime, "lock-'em-up" blocks our chances to teach nonviolent felons internal restraints and different thinking patterns.
The U.S. Department of Justice found that punishment increased criminal behavior; psychological treatment and cognitive skills programs decreased criminal activity the most.
The study found that "what works" are job training, drug treatment, and peer and family support. That kind of treatment is meant not to mollycoddle criminals but to provide a way out of self-defeating thoughts and actions.
LULAC is traveling across the state to raise awareness in communities that evidence-based alternatives to incarceration for nonviolent offenders save money, time, families and communities. It recommends that the Legislature reduce nonviolent, small-quantity drug use from felony to misdemeanor status.
Texas legislators should stop the bravado crime-fighter shtick that does little to reduce crime and instead rely on "what works" studies.
Texas needs fewer Robocops and more Joe Fridays. "Just the facts" will do fine.
Richard J. Gonzales is an Arlington resident and free-lance writer. Rgonz37034@aol.com
The Texas Legislature reconvenes for the 79th time in January 2005, and the issues laid out in this column constitute the crux of criminal justice reforms demanded by Texas community groups, including a lot of the folks in my links section. Last session we had some success convincing the the Republican Legislature of these arguments, but hopefully LULAC's report and their series of local town hall meetings statewide will push this meme over the top, transforming views like this columnist's from iconoclasm to conventional wisdom.
Oct. 17, 2004
How about 'just the facts'?
By Richard Gonzales
Special to the Fort Worth Star-Telegram
Texas tall tales abound when it comes to fighting crime. Notions on how to reduce criminality have held political sway in the Lone Star State too long over scientific studies of "what works."
Politicians, who should know better, have pandered to fears that crime runs amok in the streets. The results are counterproductive "get-tough" policies that exacerbate crime, break up families and cost taxpayers billions.
In a criminal justice policy brief that the Texas LULAC state executive office released in August, researchers show that since the 1990s, Texas has tripled the number of prisons and has a 51 percent higher incarceration rate than any other state.
The Legislature gives the Texas Department of Criminal Justice about $5 billion each biennium. TDCJ spends 90 percent of the money on prison beds and 10 percent on treatment and probation programs.
Part of the reason for the hefty spending is that Texas felony sentences are double the national average. Yet 70 percent of the prison admissions each year are for nonviolent crimes. About half of the prisoners are serving time for drug convictions of possession of less than one gram.
The interest of the League of United Latin American Citizens in Texas crime and punishment stems partly from the over-representation of Latinos and blacks in prison. The Justice Policy Institute found that even though 40 percent of Texans in 2003 were black and Latino, 70 percent of the prison population was minority. LULAC projects that at the current Latino imprisonment rate, one out of six Latino men born in 2001 will serve prison time.
LULAC cites studies claiming that racial profiling by police departments and drug task forces results in more searches of Latinos than whites. To accommodate the millennium prisoners, LULAC predicts, there will be a need for 2,000 new prison beds each year.
Texas also has the distinction of having the largest on-probation population in the United States, mainly because of its long probation terms for nonviolent offenders.
The study found that probation officers have too large a caseload for them to respond adequately to probationers' needs. Although probationers can successfully meet the terms of probation for years, one slip-up may land them back in prison.
The average prison term on a revoked probation is 4.3 years. In 2001, this cost the state $470 million. Despite the money, probation terms and hard time, Texas crime didn't decrease more than any other state's. Instead, the crime rate is 24 percent higher than the national average, according to 2003 TDCJ data. Imprisonment of the heads of households also takes its toll on the family and community.
The LULAC study claims that the children of imprisoned parents tend to make lower grades, drop out, become delinquent and increase their chances of following their parents into prison. Removing the significant male adult from a child's life leaves a void difficult for the mom and grandparents to fill. The absence of fathers in a community devalues the importance of males and places increased child-rearing burdens on women.
The report also found that imprisoned parents owed $2.5 billion in unpaid child support. A cycle of intergenerational poverty and crime is set in motion, abetted by tough policies that punish criminals and families.
LULAC says that "tough on crime punishments simply do not work on most offenders." In a state looking for quick and easy solutions to crime, "lock-'em-up" blocks our chances to teach nonviolent felons internal restraints and different thinking patterns.
The U.S. Department of Justice found that punishment increased criminal behavior; psychological treatment and cognitive skills programs decreased criminal activity the most.
The study found that "what works" are job training, drug treatment, and peer and family support. That kind of treatment is meant not to mollycoddle criminals but to provide a way out of self-defeating thoughts and actions.
LULAC is traveling across the state to raise awareness in communities that evidence-based alternatives to incarceration for nonviolent offenders save money, time, families and communities. It recommends that the Legislature reduce nonviolent, small-quantity drug use from felony to misdemeanor status.
Texas legislators should stop the bravado crime-fighter shtick that does little to reduce crime and instead rely on "what works" studies.
Texas needs fewer Robocops and more Joe Fridays. "Just the facts" will do fine.
Richard J. Gonzales is an Arlington resident and free-lance writer. Rgonz37034@aol.com
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