Archive for the ·

Juveniles

· Category...

Idiocracy

no comments

Just when you think the stupid barrel’s run dry:

Yes, that is a wanted poster inked onto the arm of defendant Tyree Gland, on trial for killing a young girl, Deandre Brown, in a drive-by shooting.

The real joke?  Our rules of evidence.  Gland’s lawyer has demanded that the tattoo be concealed from jurors because it might “unfairly prejudice” them.  In other words, it might lead jurors to believe that Gland is the type of person who puts out hits on police officers.

The judge rejected the defense’s request.  This threat against an officer of the law will not be brushed under the carpet, like so many others.

But it makes one think: how many times a day does some guilty person walk because a different judge has granted an equally inane demand to suppress facts?

Richard Elliot Reports on Catch and Release in Atlanta: Who Needs a Plea Bargain When The Police Aren’t Even Allowed to Detain Youths For Breaking into Your House?

no comments

What happens when you strip away consequences for holding a gun to somebody’s head, or kicking in somebody’s back door?  What happens when you tell a 16-year old that the worst thing that will happen to him if he commits a serious crime is a few months behind bars, hardly a threat to a child who views incarceration as a sign of street cred?  And what happens when you prevent police from even detaining the kids who just broke into your neighbor’s house?

This is what happens to the offender:

The 18-year-old who was shot dead Saturday by Macon police officers had been released from prison in September, according to the Georgia Department of Corrections Web site.

The DOC’s inmate query site said Bradley Gastin was paroled Sept. 16 from Rogers State Prison in Reidsville. On April 29, 2008, he began serving a three-year sentence for robbery by force, according to the site.

Gastin walked out of prison, early, two months ago.  Now he is dead, after trying to run over police officers during a carjacking.  Thank God no police officers were killed, in what is only the latest dangerous situation directly traceable to the broken juvenile justice system:

Macon police say Gastin and 20-year-old Tommy Lee Hardy Jr. on Saturday carjacked a Ford Expedition and later rammed a Macon police car with the stolen vehicle.

Two police officers, who were standing near the police car, fired several shots that killed Gastin, who was driving the Expedition.

Hardy is now charged with armed robbery and carjacking.  That means the young men had a gun in that car.  They held a gun to somebody’s head and then tried to kill some cops.  At what point does the public get to see the dead youth’s juvenile record, to see precisely how many times some judge let him walk in the past?

Who wins here?  Only the people who have decided that grandstanding against law enforcement is more important than protecting the public — or protecting the offenders from themselves.

~~~

Meanwhile, Channel 2′s Richard Elliot reports an infuriating story about the Juvenile Justice’s Detention Assessment protocol, which forces police officers to release juvenile offenders immediately back onto the streets for crimes like drug trafficking (certain drugs), escape with a dangerous weapon, cruelty to children, and burglary.  I couldn’t find the story on the Channel 2 website, but the Dekalb Officers blog links to it here.

Imagine calling the police to report a break-in in progress in your neighbor’s house.  The police come and catch the youths running down the street with your neighbor’s laptop and gun.  What happens next?  Well, unless they have serious priors or pending felonies (which would require somebody in the courts actually doing something about what they did the last time) the police have to let them go with an order to appear in court.

Before your neighbor gets home from work, the gang that rolled his house will be back on the streets again.

Looking for whoever called the police on them.  In other words, you.

The same goes for calling the cops on that kid tearing down a street sign, or breaking a car window, or selling drugs, or prostituting themselves.  Intervening at all has become an extremely high-risk activity: why get involved at all?

It could be said about many of these crimes, but why is burglary even on the list of so-called “catch and release” offenses?  Why have we dumbed down the horrifying act of violating somebody’s home?  The Juvenile Justice system is playing Russian Roulette with people’s lives.  And still, despite the manifold, tragic failures of such leniency, the drumbeat continues that we are too harsh with juveniles, we have to offer more “services” instead of incarceration, we lock up too many kids and throw away the key.

Bunk.  None of that is the least bit true.  Despite massive hype to the contrary and breast-beating by the usual suspects, there are very, very few youths in the state system serving adult sentences for their crimes.  Meanwhile, Atlanta, and every other city, is knee-deep in recreation centers, after-school care, interventions, recreation, and so on and so on and so on.  It’s a giant patronage machine used as much to organize political machines and get out the vote, frankly, as to “provide services” where they are needed.  I know.  I’ve seen those payrolls.  I’ve written those grants.

When somebody starts telling the truth about that, maybe more kids will get the help they really need — speedy removal to detention centers for long enough time to turn their lives around, or at least keep them, temporarily, out of harm’s way.

For, as frustrating as the story Richard Elliot uncovered may be, it’s the tip of the iceberg.  He’s just talking about the youths who don’t get detained for even one night.  How many youths charged with even more serious crimes bond out on after a day, or a week, or a month?  How many of those cases simply disappear into the worm-hole of the courts?

I spend a lot of time blaming anti-incarceration advocates for creating such a dangerously lenient system, but, in fairness, a lot of the built-in leniency is just as much a product of the politics of fiscal conservatives who don’t want to spend the money it would take — or bother expending the political capital for the fight — to fund the courts, monitor the performance of judges, and actually get “tough on crime.”

When the state legislatures return to work this year, there is plenty of blame to go around.

Jonathan Redding, 30 Deep, the Blue Jeans Burglaries, the Standard Bar Murder, and Disorder in Atlanta’s Courts

11 comments

Jonathan Redding, suspect in the murder of Grant Park bartender John Henderson, suspected of firing a gun in an earlier armed robbery outside the Standard (Why isn’t it attempted murder when you fire a gun during a robbery?  Are we rewarding lack of aim?), suspect in a “home invasion gun battle” in which Redding shot at people, and was shot himself (Two more attempted murders, at least, if sanity existed in the prosecutor’s office), suspected member of the “30-Deep Gang,” one of those pathetic, illiterate, quasi-street gangs composed of children imitating their older relatives, middle-schoolers waving wads of cash and firearms on YouTube: Jonathan Redding is 17.

How many chances did the justice system have to stop Johnathan Redding before he murdered an innocent man?  How many chances did they squander?

In May, Fox 5 ran a chilling story about the 30 Deep Gang.  Deidra Dukes reported:

Police say 30 Deep is based in Atlanta’s Mechanicsville community. The gang reportedly popped up on their radar about three years ago, and recruits members as young as in middle school.

“They know that the juvenile laws are a little more lax than they are when they are adults so they get them to do so they get them to do more serious crimes between the ages of 14 and 16, they won’t get into as much trouble,” said Harper.

Everybody knows this.  Everybody knows that there are 14-year olds waving guns on the streets and 16-year olds committing murder.  How can they not know, when there is video evidence of it, not to mention the bodies?  Spend a few minutes on YouTube watching the videos in which young men identify themselves by their housing project, some by the names of housing projects that were torn down but have managed to survive in the imaginations of eighth-graders as places where life was good in direct, not inverse, proportion to violence and chaos.

Look at the apartments these kids live in, that appear in the videos: they have little cathedral ceilings and nice fixtures, but nothing else — no beds, just mattresses, no pictures on the walls.  Nobody is starving: this is cultural poverty.  These are children: they take pictures of themselves in their classrooms, pictures of the school bus, then, inevitably, pictures of wads of cash and guns and little groups of kids who would have a hard time reading Goodnight Moon throwing gang signs with their hands.

What never ceases to amaze me is that I went to college with people who looked upon this stuff as romantic, not tragically stunted.  From the first time I walked into an apartment like the ones on these videos, I could see that what we were doing wasn’t working, if this was the result.  And yet people still debate this, as if there is anything left to say in the face of such colossal ignorance, and violence, and wasted lives, subsidized by us.

For the last year, the Mayor, the Police Chief, the usual editorialists and academicians, have all been denying that any of this is a problem.  One Jonathan Redding is one too many, but the powers-that-be, even at this late and tragic date, want to punish the public for daring to say this out loud.  If voters don’t reject this status quo next week, it will be a shame.

~~~

Jonathan Redding’s defense attorney is laying the groundwork to claim that her client’s profound ignorance is some type of defense — that he “doesn’t understand” the charges against him.  His life was empty, nihilistic, wasted, violent: this is an argument in favor of him.  Such routine suspension of disbelief in favor of defendants, and the rules of evidence that block the search for truth at every turn, are in Redding’s favor from now on.

It is not believable that Jonathan Redding is such a naif in the courtroom.  Some prosecutor or judge let him go, over and over — first as a truant, then as a juvenile, then as “just a robber” or “just a kid breaking into cars,” or “just a member of the gang stealing blue jeans.”  Now he is lucky to be alive, having been shot, and he is facing a lifetime in prison, and John Henderson is dead.

“They know that the juvenile laws are a little more lax.”  Our justice system has tied its own hands in a thousand different ways, and the judge wants Redding to testify before a Grand Jury, to give up names.

Who are we kidding?  Nobody in the juvenile justice system, nobody on the police force, knows who Redding was running with?  How many bites at the apple did they have with this kid?

Sure, put him in front of the Grand Jury; however, the Grand Jury is too little too late: plenty of people with authority to stop him knew precisely what Johnathan Redding was doing and who he was doing it with, but they didn’t take it seriously, and two more lives are over.  When will this price finally seem too high?

Peter Hermann (Baltimore Sun) Sheds Some Light on the Murder Rate, Looks for Light in the Courts

no comments

If you read nothing else this week, read the following two articles by Peter Hermann.  Baltimore struggles with crime and court issues very similar to Atlanta’s.  More severe, in their case:

Delving More Deeply Into Shooting Stats

Here are some statistics about recent killings in Baltimore:

The 107 people charged with murder last year had accumulated a combined 1,065 prior arrests – 380 related to guns and 99 related to drugs.

The 234 people killed last year had a combined 2,404 prior arrests – 162 related to guns and 898 related to drugs.

That’s an average of 10 arrests per suspect and 10.3 arrests per victim.

If murderers and their victims have been arrested, on average, ten times, then nothing will reduce the murder rate more dramatically than taking recidivism seriously.  Unfortunately, in Baltimore, as in Atlanta, there’s little of that:

Police repeatedly complain that the people they put in handcuffs only return to the streets to do more harm. Here are the number of times some murder suspects and victims from last year had been arrested: 74, 71, 49, 40, 38, 34, 29. … The list goes on.

These numbers don’t say anything about conviction rates, and there’s a sad tale behind each case, a book-length reason why someone can get arrested 74 times before dying on a street corner or get arrested 71 times before being charged with murder.

I wonder who has the highest number of arrests in Atlanta?  Hermann offers a list of factors that result in multiple arrests without significant prison time:

Many are hopelessly sick addicts arrested on petty charges, such as loitering, or involving small amounts of drugs, which tend to pile up but don’t result in much jail time. Cases fall apart in Baltimore for a myriad of reasons that include an overwhelmed court system, distrust of police, jury nullification and witnesses and victims who are too scared or just don’t care to testify. [italics added]

Read the rest here.

~~~

Hermann on transparency in the courts:

Time for Open Records

I had hoped that a video of a juvenile court hearing would help explain how a teenager with a long criminal record who had just been arrested in a drug bust could be sent home from a detention center only to be charged with killing a man two hours later in the front seat of a Buick Park Avenue.

Unfortunately, what I saw not only fails to explain why state officials freed 17-year-old Maurice Brown, but it raises new questions about the case, while revealing proposed procedural changes that would make it easier for more young offenders to avoid detention. . .

The story of Maurice Brown — released to his mother’s custody, committing murder two hours later, could be any one of a dozen recent cases in Atlanta, or more than a dozen.  How many more?  Nobody knows.

Read the rest here.