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Today In Criminal Justice
The 'Deflection' Surge: Key to Reducing Re-Arrests
How FBI Probe Could Dog Trump’s Presidency
High Court Gives IL Man New Chance to Sue Police
Tulsa Jurors Award $10.2 Million in Jail Death Case
NM Shooting Raises Issues About Police Camera Value
U.S. Lists Places Ignoring Immigrant Detainer Requests
Ex-Judge Napolitano Removed From Fox News After Obama Spying Claim
At Hearing, Gorsuch Positions Himself Above Politics
Trump Budget Cut Would Hurt Domestic Violence Victims
NYPD’s O’Neill Visits D.C. to Protest Trump Security Aid Cut
More Police Doing Daily Checks on Seniors
Tablets for Inmates Could Bring Education, Entertainment
Memphis DA Reprimanded in Murder Case
Will Law School Applications See A ‘Trump Bump’? Top Story
The 'Deflection' Surge: Key to Reducing Re-Arrests
Confronted with people clearly in need of treatment and social services, law enforcement officers need a way to respond, because they know they’ll see them again. A new approach gaining traction across the country offers “a public health approach to better public safety.” The Crime Report How FBI Probe Could Dog Trump’s PresidencyFrom Richard Nixon to Bill Clinton, history suggests that it is never a good thing for a president to have the FBI, with its nearly infinite resources and sweeping investigative powers, on his tail, reports Politico. FBI Director James Comey’s promise yesterday to the House Intelligence Committee to “follow the facts wherever they lead” in the bureau’s investigation into possible collusion between the Trump presidential campaign and Russia amounted to an ominous guarantee that institutional forces beyond any president’s control will force the facts of the case to light. “Comey’s admission of an ongoing counterintelligence investigation, with no endpoint in sight, is a big deal,” said historian Timothy Naftali, the first director of the federally-run Nixon presidential library. “This is not going away.”
Given Trump’s willingness to attack any adversary – hours before Comey’s testimony, he tweeted that the suggestion of collaboration between his campaign and Russia was “fake news” – official acknowledgment of the investigation not only raises sharp new questions about the president’s own credibility, but about his willingness to continue undermining public trust and confidence in the government institutions he leads. Will the Trump White House feel hamstrung about publicly attacking Comey or trying to quash the inquiry? Trump and his aides would do well to recall the most celebrated instance of a president’s attempt to block an FBI investigation. “The obvious example that comes to mind is Watergate, when Richard Nixon famously turned to the CIA to block the FBI’s investigation,” said Julian Zelizer, a Princeton history professor. That attempt failed spectacularly. Zelizer added, “This is the kind of investigation that is never good news for an administration.” He noted that the current probe has already “consumed much of the president’s time and the doors keep opening to bigger potential problems.” Politico High Court Gives IL Man New Chance to Sue PoliceThe Supreme Court today gave an Illinois man a new chance to sue a Chicago suburb and its police officers who arrested him on trumped up charges and kept him in jail for nearly seven weeks, the Associated Press reports. The 6-2 ruling ordered the federal appeals court in Chicago to reconsider a lawsuit filed by Elijah Manuel against the city of Joliet.
Police arrested him in 2011 and falsely claimed he was in possession of the illegal drug ecstasy. The police persuaded a prosecutor that Manuel had illegal drugs and the prosecutor took the case to a grand jury and obtained an indictment. The prosecutors later saw a police lab report showing that the pills Manuel had were vitamins. The indictment was dismissed. Manuel lost a lawsuit in the lower courts. Associated Press Tulsa Jurors Award $10.2 Million in Jail Death CaseAfter seeing a video of Elliott Williams languishing on the ground, paralyzed, in Tulsa’s jail more than 10 times and hearing almost a month of testimony, jurors decided yesterday that the Sheriff’s Office was deliberately indifferent to his civil rights. Jurors awarded the Williams’ family $10.2 million after about 10 hours of deliberating over two days, The Frontier reports. The verdict is the second time in a row in a year that a jury has found the Tulsa County Sheriff’s Office liable for violating the civil rights of a prisoner. The jurors issued a $10 million verdict against Tulsa County and a $250,000 punishment against former Sheriff Stanley Glanz in his individual capacity.
Dan Smolen, representing Williams’ estate, there have been several preventable deaths in Tulsa County’s jail, but none was videotaped. Williams’ estate had asked for $51 million — $1 million for every hour the military veteran suffered without food and water in the jail. Williams, 37, died from complications of a broken neck and showed signs of dehydration. He was arrested after suffering a mental breakdown because he believed his wife planned to leave him. The Frontier NM Shooting Raises Issues About Police Camera ValueThe killing in Albuquerque of Mary Hawkes a troubled 19-year-old woman suspected of stealing a truck, should have been a case study in the value of police body cameras. The action was fast-moving, the decisions split-second. All of the surviving witnesses, including the shooter, were police officers wearing small video cameras on their uniforms, the Washington Post reports. Nearly three years after the shooting, it instead has become a cautionary tale about the potential of new technology to obscure rather than illuminate, especially in situations when police control what is recorded and shown to the public. Federal investigators are probing allegations that police tampered with video evidence in the case, underscoring broader questions about whether a nationwide rollout of body cameras is fulfilling promises of greater accountability.
“The video has become part of the story, as opposed to what it was perceived to be, as telling the story,” said Edward Harness, executive director of Albuquerque’s Civilian Police Oversight Agency. The clearest look at Hawkes’s final moments could have come from the shooter himself, Officer Jeremy Dear. His camera was not recording when he fired five shots at point-blank range, leaving Hawkes dying alongside a small handgun that Dear claimed she pointed at him just before he fired. Videos from three other officers who converged on the scene also missed the first, crucial moments. Video from a fourth camera was oddly blurred. A fifth and a sixth turned up nothing at all. The controversy highlights the possibility that massive deployments of body cameras, now used by nearly every major department, may be used selectively to bolster police accounts of incidents without providing the transparency expected by reform advocates. Washington Post U.S. Lists Places Ignoring Immigrant Detainer RequestsThe Department of Homeland Security made good on a Trump administration promise to publicly shame cities and counties that don’t cooperate with federal immigration authorities, reports NPR. Immigration and Customs Enforcement released its first weekly list of local jails and jurisdictions that haven’t honored immigrant detainer requests. Such requests from immigration officials go to cities and counties asking that local law enforcement hold an inmate who is in the country illegally and has been arrested or charged with a crime. The intent is to have such prisoners detained for up to 48 hours so that federal officials can decide whether to pick them up and deport them. The Crime Report Ex-Judge Napolitano Removed From Fox News After Obama Spying ClaimFox News has benched legal analyst Andrew Napolitano because of his claims that former President Obama used British intelligence officials to spy on President Trump, reports the New York Daily News. Napolitano, a former New Jersey Superior Court judge, reported last week that three intelligence sources had told him that Obama went “outside the chain of command” in order to surveil the President. “Obama would not have needed a warrant to authorize surveillance on Trump,” Napolitano wrote in a column for Fox News. “Sources have told me that the British foreign surveillance service, the Government Communications Headquarters, known as GCHQ, most likely provided Obama with transcripts of Trump’s calls.”
White House spokesman Sean Spicer cited the claim last week, while the Government Communications Headquarters called the accusations “utterly ridiculous.” Fox News anchor Shepard Smith said on the air that the network couldn’t confirm Napolitano’s report. “Fox News knows of no evidence of any kind that the now-president of the United States was surveilled at any time, in any way, full stop,” he said Friday. On the same day, Trump praised Napolitano as a “very talented legal mind.” FBI Director James Comey, appearing before the House Intelligence Committee yesterday, denied the President’s Twitter accusation that Obama had wiretapped Trump Tower during the campaign. “I have no information that supports those tweets and we have looked carefully inside the FBI,” Comey said. New York Daily News At Hearing, Gorsuch Positions Himself Above PoliticsJudge Neil Gorsuch presented himself yesterday as a creature of consensus during a sharply partisan Supreme Court confirmation hearing, clouded throughout by the bitter nomination fight that preceded it over the past year, the New York Times reports. Democrats, seething from the hearing’s opening moments, made clear that they would not let the public forget about Judge Merrick Garland, President Obama’s nominee, whom Republicans refused to even consider at a hearing, saying the seat should be filled by the winner of the presidential election. Gorsuch reached for comity during a well-practiced 16-minute speech, insisting that he favored no party above the law and appearing to brace for attacks from critics who have said his rulings tilt toward corporate interests. “I’ve ruled for disabled students, for prisoners, for the accused, for workers alleging civil rights violations and for undocumented immigrants,” he told the Senate Judiciary Committee. “Sometimes, too, I’ve ruled against such persons.”
Beginning four days of planned hearings, Democrats raised questions about Gorsuch’s record on issues like workers’ rights and aired concerns about President Trump’s often dim view of the judicial branch. Republicans sought to insulate a plainly well-credentialed jurist whom they hope to install as the court’s next conservative stalwart. Gorsuch took pains to position himself above politics, on the eve of formal, rigorous questioning from senators today. Gorsuch cast himself as a humble Westerner with malice toward none in his decade as a federal appellate court judge based in Denver. “My decisions have never reflected a judgment about the people before me, only a judgment about the law and the facts at issue in each particular case,” he said. “A good judge can promise no more than that. And a good judge should guarantee no less.” A judge who is pleased with every ruling he reaches, he added, “is probably a pretty bad judge, stretching for policy results he prefers rather than those the law compels.” New York Times Trump Budget Cut Would Hurt Domestic Violence VictimsIf President Trump’s budget blueprint is passed by Congress, it will wipe out the 43-year-old Legal Services Corporation (LSC), the federal entity that provides millions for state-based legal aid operations, reports The Intercept. That would deny millions of poor people access to the civil justice system, which would disproportionately impact women, who make up 70 percent of clients served by LSC funds. One-third of cases handled by LSC-affiliated groups involve women who are victims of domestic violence.
Trump wrote that his “aim is to meet the simple, but crucial demand of our citizens — a government that puts the needs of its own people first. When we do that we will set free the dreams of every American, and we will begin a new chapter of American greatness.” Cutting a program that provides for the safety of domestic violence survivors — among many others — seems an odd way to achieve greatness, the Intercept says. Currently, 93 percent of the LSC’s $385 million federal budget goes to fund 134 nonprofit legal aid organizations operating more than 800 offices across the U.S. and its territories. The Intercept NYPD’s O’Neill Visits D.C. to Protest Trump Security Aid CutNew York Police Commissioner James O’Neill isn’t happy that President Trump wants to cut money to protect his city from terrorism. O’Neill traveled to Washington yesterday to meet with key stakeholders and set a battle plan with Senate Minority Leader Chuck Schumer (D-NY) to fight $110 million in cuts to security programs, the New York Daily News reports. That money “represents about a third of what we’d spend on counter-terrorism,” O’Neill said during a meeting with Schumer. “This is critical for our operation… that $110 million represents about 600 cops. I don’t think there’s clearer terms than that.”
Trump’s proposed cuts would gouge programs for vapor wake bomb-sniffing dogs and training for New York officers to deal with active-shooter situations. Schumer said Trump should know better than to mess with his city’s antiterrorism programs. “You’ve got to walk the walk, not talk the talk, and this is key terrorism money,” he said, alluding to Trump’s frequent tirades against terrorism and promises to keep America safe. “New York desperately needs this money. At a time when terrorism is if anything on the increase with lone wolves and everything else, there’s no better police force, local, nonfederal, than the NYPD. And they may be the best in the world, period. They do a great job, but it costs money,” Schumer said. “You take it away and it’s going to hurt us badly.” Schumer worked with Rep. Peter King (R-NY) to keep former President Obama from making less draconian cuts a few years back, and is teaming up with him again. New York Daily News More Police Doing Daily Checks on SeniorsLiving alone can be tough for seniors. Some don’t have family to check on them, and they worry that if they fall or suffer a medical emergency and can’t get to the phone, no one will know. That’s why hundreds of police agencies in small towns, suburbs and rural areas are checking in on seniors who live alone by offering them a free automated phone call every day, Stateline reports. Police officials say the computerized calling systems, which are fairly inexpensive and easy to use, provide an important service to a growing senior population that is expected to reach 65 million by 2025. Nearly half of women 75 and older live alone.
Advocates for older adults say telephone check-in programs can help seniors remain independent in their homes and give them — and their family members — peace of mind. “It helps ensure for the elderly person or their family that a phone call is being made every morning, that everything is OK. We’ve gotten incredible feedback on this program,” said Commander Jack Vaccaro of the Lighthouse Point Police Department in Florida, which has nine seniors in its automated daily call program.Automated telephone reassurance systems for seniors began nearly three decades ago. They have grown in popularity and now are used by police departments from California to Massachusetts. Stateline Tablets for Inmates Could Bring Education, EntertainmentA plan to put a tablet in every Indiana inmate’s hands could help offenders stay connected with their families and improve their education, which are important ways to keep them from returning to prison. The plan is also raising questions about fairness, the Indianapolis Star reports. Could a technology company providing specialized tablets for prison environments take advantage of captive buyers to charge high prices for games, movies and music? Those are some benefits and possible pitfalls of an Indiana Department of Correction technology proposal. The proposal also calls for a secure network and electronic kiosks across the prison system’s 23 facilities. Offenders will be able to use the tablets to access their classwork and self-help materials 24 hours per day. They could more easily order from the commissary, and sift through legal research.
They also could use their tablets to pay for entertainment, with that money going to a private company while the state keeps a 10-percent cut. That’s how the state expects to pay for the tablets. Officials hope that a vendor will front the costs so taxpayers don’t have to. Then the vendor would be reimbursed and earn a profit, as inmates buy music and movies. William Wilson, a prison official, emphasized that any fees collected would be used to reduce the reliance on tax dollars. Charging fees that inmates couldn’t afford would defeat the purpose of the proposal. Officials also expect to use entertainment to reward good behavior. For example, an offender could be encouraged to stop racking up conduct reports in order to play more games. The tablets most likely wouldn’t be the iPads or Kindles you see at home. Companies develop tablets and software for use in prisons and jails. They still have touchscreens and apps, but the devices come with much more security and features that can be controlled by prison officials. Indianapolis Star Memphis DA Reprimanded in Murder CaseThe top prosecutor in Memphis, Shelby County District Attorney General Amy Weirich, announced she has accepted a private reprimand in a murder case, and professional misconduct charges have been dropped ahead of a disciplinary hearing that was scheduled to begin Thursday, the Memphis Commercial Appeal reports. “As I have said from the beginning, an error was made,” she said. “Human errors are going to be made. We touch over 200,000 cases every year.” The Board of Professional Responsibility of the Supreme Court of Tennessee charged that Weirich improperly commented on Jackson’s right to remain silent during a closing argument, and that as the lead prosecutor on the case, Weirich failed to review a witness statement that wasn’t turned over to Jackson’s lawyers until after the trial.
The Tennessee Supreme Court threw out Noura Jackson’s second-degree murder conviction in the death of her mother, Jennifer Jackson. Noura Jackson entered a plea on a reduced charge of voluntary manslaughter in 2015. She was released from prison last August and has maintained that she’s innocent. Weirich said, “It is indeed a testament to the integrity and professionalism of my office that we avoid trial errors at all cost and appreciate the panel’s acknowledgment of the difference between mistakes of the mind and mistakes of the heart.” Jackson released a statement through her attorney saying the ending to the case was “surreal beyond belief.” She added that, “If Ms. Weirich is sincere and remorseful, she will have the opportunity to assist the Innocence Project as they request a review of the DNA evidence that points to an unknown suspect.” Memphis Commercial Appeal Will Law School Applications See A ‘Trump Bump’?Is the Trump administration’s early turmoil a gift to legal education? Pundits have speculated that Washington’s recent turbulence will spur a surge in law school applicants, given the armies of lawyers—hailed by many as defenders of democracy—that assembled at airports after President Trump’s so-called Muslim ban, reports Law.com. Despite the hype, most law schools have yet to see a significant Trump bump, though some report that recent political events are foremost in the minds of many applicants. Admissions officials at law schools that have seen an increase in applications say it’s difficult to attribute that rise to any one factor, but they allow that Trump is one of the many variables contributing to greater interest in the law, from both his supporters and those who oppose his policies.
If any school can make a case for a Trump bump, it may be George Washington University School of Law in Washington, D.C.,where applications are up 9 percent over last year. Admissions Dean Sophia Sim said the political climate has emerged as a major theme this admissions cycle. “I don’t know if it’s a D.C. thing, but we’ve seen an increase [in applications], and a number of people in their application essays have talked about wanting to become more involved,” Sim said. “We’ve seen a slight uptick in the number of people wanting to do immigration law or sharing something they’ve read about that got them fired up.” Applications are up only 1 percent this year at the nearby Georgetown University Law Center. “The noise about lawyers is much more positive right now,” said admissions dean Andrew Cornblatt. “Before, it was just negative noise.” Admissions deans predicted that any real law school admissions boost related to Trump would likely materialize next year. Trump’s inauguration and his controversial travel ban occurred late in the admissions cycle. Law.com | |
| | On every business day, The Crime Report (TCR) and Criminal Justice Journalists (CJJ) provide a summary of the nation's top crime and justice news stories with Internet links, commentary, and New & Notable research in the field. We gratefully acknowledge the support of the John Jay College of Criminal Justice, the Langeloth Foundation and the Urban Institute. Today's report was prepared by Ted Gest and Isidoro Rodriguez. Please send comments or questions to izzy@thecrimereport.org. | | | | | | | | | | | | | |
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