† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI.Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Of Charles Ramsey and Stanley Tookie Williams ~
Redemption and Transformation, Part 1
by nancy a heitzeg

“People forget that redemption is tailor-made for the wretched.”
~ Stanley Tookie Williams December 2, 2005

Many tales of criminal injustice emerged out of Cleveland last week. As the 10 year ordeal of Amanda Berry, Gina DeJesus, Michelle Knight, and Berry’s 6-year-old daughter came to an end, the horrors were revealed. Kidnapping. Rape. Torture. Forced miscarriages. False imprisonment.

Questions emerged too – about potential laxness on the part of the Cleveland police in investigating further both the missing women and suspicious activity around Ariel Castro’s home. Questions about the role of race and class generally in driving missing persons police action and media coverage. Questions about “The Missing White Woman Syndrome”.

But before the week was over the spot-light turned away from both victims and perpetrator to focus on one Charles Ramsey, the too honest neighbor and eventual rescuer of Berry and the others. From the very first interview, it was clear that Ramsey made the media nervous. His life at the margins of both race and class. His raw honesty about race and some “white girls” — Dead Give-away.

He wasn’t our typical hero. So first, the laughter, then the quick turn to viciousness, as smokinggun and others dug the dirt. Just as they thought, Charles Ramsey was “the criminal-black-man” after all. The cognitive dissonance was now melting away away — Maybe he wasn’t a “hero” after all?? How, in our culture of simplistic either/or binaries, could he be?

In all that has been written since the news broke out of Cleveland, it is Liliana Segura of The Nation who reveals the central questions in Race, Redemption and Charles Ramsey. (The piece is excerpted throughout this essay, but please read the original in its’ entirety.) She finds hope in the support that Ramsey has continued to receive from  many – hope that, by embracing him, we may be more generous to others as well.

The story of Charles Ramsey is a story of redemption that strikes deep at the heart of rigid social constructions of  “criminals” and the cultural charades we endure to maintain them. It is a story of the complexity of the human condition – one that defies all monolithic labels. And, so, it is a window into the possibilities of transformative justice.

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† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

CI: Desperately Seeking Assata

by Kay Whitlock

Why Assata Shakur?  Why now, of all times?

Last week, on May 2, 2013, 40 years to the day after a shootout in which Assata Shakur, a well-known Black Panther Party and Black Liberation Army activist, was shot twice, and a fellow activist and a New Jersey state trooper were killed, the FBI announced that Shakur, whose original name was Joanne Chesimard, was the first woman to be placed on the agency’s Most Wanted Terrorists list.  (It’s worth taking a look at the makeup of the list; notice anything about it?)

At the same time, the New Jersey state police and the FBI doubled – from $1 million to $2 million – the reward offered for Shakur’s capture.   As it happens, she escaped from prison in 1979 – an embarrassing development which law enforcement still cannot coherently explain today – and made her way to Cuba, where she sought and received political asylum.

Why on earth would law enforcement dredge up a 40-year old case and enshrine it in the annals of Most Wanted Terrorists?  Welcome to the surreal world of Racist Criminalization.

There’s a lot about the way the police targeted her for the trooper killing that never made a shred of sense in terms of the official story – including the fact that medical experts testified that her injuries were so severe that she could not have fired the fatal shot.  (Disclosure: I don’t believe she was guilty, and I remember how the case played out in the day.)  Assata Shakur was simply the Designated Dangerous Black Radical of the moment.

And through COINTELPRO (Counterintelligence Program), the FBI was then utilizing legal and illegal means to disrupt and discredit anti-war organizing and movements for social justice and liberation.

Black leaders and organizations – from Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference to the leadership of the Black Panther Party – were among those most heavily targeted.  If you were politically active during that time – and I was – then you know that actual guilt for actions charged was not remotely necessary for the hunt to assemble and the racist, criminalizing din to take over.

But this isn’t a column about what happened in that case, although that deserves to be known.  You can read about Shakur here and in her autobiography and latest book.  Listen to her voice.  It’s important to know that before she was finally convicted of several felonies related to the shootout, including killing NJ state trooper Werner Foerster, Shakur was indicted in six other criminal incidents that included murder, attempted murder, armed bank robbery, and kidnapping.  Three of those charges were dismissed, and the remaining three resulted in Shakur’s acquittal.   But law enforcement was out to get her, and, for a while, they did.

And now they’re trying again.

This is a brief glance into the bleak, racist mythos surrounding U.S. law enforcement conceptions of terror.

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† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Four Score and One Too Many Years
by International Coalition to Free the Angola 3/Angola 3 News

Today, April 17, 2013, marks 41 years that Albert Woodfox and Herman Wallace have been unjustly incarcerated in solitary confinement in Louisiana. This is 41 years of living in concrete and metal cages of 6 x 9 feet; 41 years of being separated from their families and loved ones; 41 years of being wrongly accused of a murder they did not commit.

Over 41 years ago, prison officials at the Louisiana State Penitentiary (aka ‘Angola’), an 18,000-acre former slave plantation, were first confronted by the Angola 3′s challenge to the obscene human rights atrocities that were a daily reality for prisoners there. They responded to these efforts by fabricating a case against Albert and Herman for the tragic murder of prison guard Brent Miller in 1972. Shortly thereafter, when Robert King entered Angola, he was ensnared in the aftermath of that murder and joined Herman and Albert in solitary.

Art by Emory Douglas

Although the flame for justice for the Angola 3 continues to burn bright these many decades later, words cannot express the profound rage and frustration we feel commemorating one more year of Herman and Albert’s confinement. But we will not lose hope or forget how much we have already accomplished and just how close we are to winning both Herman and Albert’s release. Solitary confinement’s daily assault on Herman and Albert’s mind, body and spirit has not been able to deter them. Inspired by their heroic resilience on the frontlines of the struggle, we too, will never give up our fight for their release.

Continuing this fight for Albert, Herman and all prisoners, today we are launching an action to kick-start the call for a State Congressional Hearing to end the use of prolonged solitary confinement in Louisiana. Our friends at The National Religious Campaign Against Torture (NRCAT) have enabled this through their campaign calling “upon state legislators and departments of corrections to begin now to take steps to end prolonged solitary confinement” in all 50 states and the federal prison system.

We need only 500 people within a particular state to sign the statement and NRCAT will send these endorsements to that state’s governor, top corrections officials, and every member of that state’s legislature. When we hit 1,000 signatures they will do the same again. PLEASE spread the word to help us achieve our petition goal for Louisiana and in states across the country. Please sign this now.

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The Film

THE CENTRAL PARK FIVE, a new film from award-winning filmmaker Ken Burns, tells the story of the five black and Latino teenagers from Harlem who were wrongly convicted of raping a white woman in New York City’s Central Park in 1989. Directed and produced by Burns, David McMahon and Sarah Burns, the film chronicles the Central Park Jogger case, for the first time from the perspective of the five teenagers whose lives were upended by this miscarriage of justice. PBS

The Central Park Five will air on PBS Tuesday, April 16, 2013. To find where and when the documentary is showing at a theater near you, visit the Facebook page.

NYC’s Ongoing Denial of the ‘Central Park Five’ Is a Disservice to Black, Latino Men

I’m outraged at New York City. As a young black man recounting this case from the Central Park Five’s perspective, trying to not be outraged wasn’t even an option. I had the details to this story as I did Emmett Till, The Scottsboro Boys, Trayvon Martin and countless other cases of young black men being victimized by false claims of victimizing white people (specifically white women) — staying indebted to a historical and institutionalized hatred and fear of the black man. But beforehand, I didn’t have the details on this level, and I was mind-blown from start to finish of this documentary. So much it’s been a process to articulate it and put it in these words.

NYC owes the Central Park Five an apology (and their money — a $250 million civil suit filed in 2003), which really in itself won’t make up for the many years lost among the five men. But NYC refuses to give it — will not even acknowledge any wrongdoing in the case — some claiming that the actual serial rapist and murderer, Matias Reyes, was just the sixth missing person involved in the rape. NYC also asked for a subpoena of the documentary’s footage — claiming the filmmakers aren’t journalists and the documentary is one-sided. But the subpoena was denied being that the filmmakers are protected under freedom of speech. According to the documentary’s well-known filmmaker, Ken Burns, asked for the city of New York’s voice in the documentary, but prosecutors and police refused to give it.

With Police in Schools, More Children in Court, New York Times

Since the early 1990s, thousands of districts, often with federal subsidies, have paid local police agencies to provide armed “school resource officers” for high schools, middle schools and sometimes even elementary schools. Hundreds of additional districts, including those in Houston, Los Angeles and Philadelphia, have created police forces of their own, employing thousands of sworn officers.

Last week, in the wake of the Newtown, Conn., shootings, a task force of the National Rifle Association recommended placing police officers or other armed guards in every school. The White House has proposed an increase in police officers based in schools….

Yet the most striking impact of school police officers so far, critics say, has been a surge in arrests or misdemeanor charges for essentially nonviolent behavior — including scuffles, truancy and cursing at teachers — that sends children into the criminal courts.

“There is no evidence that placing officers in the schools improves safety,” said Denise C. Gottfredson, a criminologist at the University of Maryland who is an expert in school violence. “And it increases the number of minor behavior problems that are referred to the police, pushing kids into the criminal system.”

Nationwide, hundreds of thousands of students are arrested or given criminal citations at schools each year. A large share are sent to court for relatively minor offenses, with black and Hispanic students and those with disabilities disproportionately affected, according to recent reports from civil rights groups, including the Advancement Project, in Washington, and the NAACP Legal Defense and Educational Fund, in New York.

See also: In Texas, Police Criminalize 300,000 Students Per Year, Alternet

A Real Fix: The Gun Free Way to School Safety, Advancement Project (pdf)

Action Alert: YES TO COUNSELORS, NO TO COPS

Nina Simone – Why? (The King of Love is Dead)

Recorded on April 7, 1968, live three days after the death of Martin Luther King, Jr. and performed at the Westbury Music Fair. Nina Simone dedicated her performance to King’s memory. The song was written by her bass player, Gene Taylor. An edited version of this performance appears on Simone’s album, Nuff Said (1968)

† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

DNA “Evidence”, Privacy, and Racialized Dragnets
by nancy a heitzeg

DNA. Big Science – with a capital “S”. We are blinded by the seeming certainty of it,  a notion reinforced by endless variations of CSI -like crime shows and the growing number of Innocence Project exonerations that rely on the power of the double helix. The so-called “Fingerprint of the 21st Century”.

Deceptively simple, the key word being deceptive.

The role of DNA in criminal investigations increasingly raises critical questions – most immediately surrounding the right to privacy and Fourth Amendment protections against unreasonable search and seizure. This issue is the central matter in the current Supreme Court case Maryland v. King.

But there is much more at stake than privacy rights. DNA collection under the auspices of criminal injustice raises questions about accuracy and efficacy, and at rock bottom, risks for the renewed reification of “race”, all wrapped in the guise of “race-neutral” policy.

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More Than 100 Civil Rights Leaders, Elected Officials, Clergy, Former Prosecutors and Judges, Current and Past ABA Presidents, and a Former TX Governor Call for New, Fair Sentencing for Duane Buck

NAACP Calls Mr. Buck’s Death Penalty Case a “Blatant Example of Racial Bias”

(Harris County, Texas, March 20, 2013)
Today, 102 prominent individuals from Texas and throughout the country released a statement urging Texas officials to provide a new, fair sentencing hearing for Duane Buck.  Mr. Buck is an African-American man who was condemned to death after his sentencing jury was told that he posed a future danger because of his race.  The signatories write: “The State of Texas cannot condone any form of racial discrimination in the courtroom. The use of race in sentencing poisons the legal process and breeds cynicism in the judiciary. No execution should be carried out until the courts have a meaningful opportunity to address the evidence of fundamental injustice in Mr. Buck’s case. A new, fair sentencing hearing for Mr. Buck is absolutely necessary to restore public confidence in the criminal justice system.”

“The diverse chorus of voices calling for a new, fair sentencing hearing for Duane Buck reflect how Texas’s disturbing appeal to racial bias fundamentally undermines the integrity of the entire criminal justice system and makes each of us less safe,” said Sherrilyn Ifill, Director Counsel for the NAACP Legal Defense & Educational Fund, Inc. which represents Mr. Buck, along with the Texas Defender Service and attorney Kate Black.  “For anyone to trust the criminal justice system, it must be fair to everyone.”

“Mr. Buck’s hearing was tainted by racial discrimination,” stated NAACP President and CEO Benjamin Todd Jealous, a signatory to the statement.  “He deserves a new hearing that is not the product of race-based fear mongering posing as reasoned fact.  This case is a blatant example of racial bias being allowed to seep into a justice system that is supposed to be fair and equitable to all.”

RACE: New Study Shows Racial Bias in Seeking the Death Penalty in Harris County

A new study regarding the use of the death penalty in Harris County, Texas, was released in conjunction with the filing of an appeal by Harris County death row inmate, Duane Buck. The research was conducted by Professor Raymond Paternoster of the University of Maryland, who examined over 500 murder cases in the county. The study found that, in cases with circumstances similar to Buck’s and during the time in which he was tried, the Harris County District Attorney’s Office sought the death penalty 3.5 times more often when the defendant was African-American than when the defendant was white. When the cases were submitted to Harris County (Houston) juries, the net result was a greater proportion of African-American defendants ended with death sentences than white defendants. Buck’s case is also controversial because an expert witness testified at Buck’s trial that he was more likely to pose a future danger to society because he is African American, and hence more likely to commit violence. Read full study.

Action: Petition and Thunderclap Campaign

Please go to http://thndr.it/WGPhK8 and sign up to join the Thunderclap to help Duane Buck.

If we get 100 people to join us, Thunderclap will post 100 Tweets or Facebook statuses at the exact same moment on April 3, 2013 at 12 Noon Eastern.

• Click on “Support with Facebook” and / or “Support with Twitter.”
• Then take the next step and let your friends and followers know that you are helping.

That’s it. Thunderclap will do the rest! On April 3, 2013 at 12 Noon Eastern, the message will appear in your news feed, but don’t worry — Thunderclap will not spam you or your friends.

Sign the petition at Change.org petition asking for a new, fair hearing.