Friday, October 8, 2010

National Police Misconduct NewsFeed Daily Recap 10-07-10

Injustice Everywhere

Here are the 25 reports of police misconduct tracked in our National Police Misconduct News Feed for Thursday, October 7, 2010:

A part-time Pinetops North Carolina police officer who was mentioned yesterday as suspect in the shooting death of a college student in that officer’s dorm room has been charged with murder. The officer claims the shooting was in self defense.

A Morrow County Oregon deputy is wanted on an arrest warrant in connection with the death of a woman who’s body was discovered on Monday. Police are urging people to approach him with extreme caution if seen. Has been arrested on murder charges for the shooting death of a woman who’s body was found on Monday in an abandoned house. The officer was caught during a traffic stop after a warrant for his arrest was issued. (updated story here).

Muskegon Michigan has settled a lawsuit for $775,000 to the family of man who died in a police department parking lot after being peppersprayed by police.

An Arkansas State trooper has been suspended after being charged with manslaughter over an on-duty accident that left one woman dead.

Cape Coral Florida has settled a lawsuit for $85,000 to a man claiming a police officer beat him then kicked him in the head at a roadblock in his neighborhood that police set up in the wake of a tornado. That officer is currently the subject of an investigation into another excessive force allegation.

The now-former police chief of Newtonsville Ohio has pled guilty to sexual battery of a 15-year-old girl in a plea deal dismissing a second count of sexual battery and that prevents prosecution for other criminal acts prosecutors might have been aware of.

A Bay County Florida deputy is the subject of a lawsuit filed by a man who suffered a heart attack after he was tasered by that deputy despite being warned that he had a heart condition by his family. The suit further alleges that even his fellow deputies told him a taser wasn’t necessary since the situation was under control. That deputy received a reprimand over the incident.

 
The Jennings Missouri police department is being accused of covering up an excessive force incident after a dashcam video that police claimed didn’t exist when the victim requested it showed up on the doorstep of a city councilman.

A Fresno California police officer and three now-former cops have been indicted on various charges relating to an incident where a suspect was repeatedly shot with beanbag rounds and kicked while down. Officers are accused of conspiring to cover up the incident afterward.

Warrenton Missouri has settled a lawsuit for $376,000 to the family of a man who was killed in an auto accident caused by a police officer who was violating departmental policy when he was speeding at 99mph in a 50mph zone while responding to a domestic dispute call.



Lancaster Pennsylvania police are accused of falsifying their arrest report when surveillance video appeared to contradict their report and the district attorney is being accused of refusing to look at it. Police claim that a woman, who’s friend called police on her behalf when she was harassed by a guy at a bar, jumped on an officer’s back, grabbed his gun, then attempted to disarm him before officers slammed her to the ground and arrested her… but the video, shown above, doesn’t appear to match that account.

A Selma California police officer has been arrested on federal possession and distribution of child pornography charges.

Baltimore Maryland has lost a civil judgment and a jury has awarded $600,000 to a deputy who claims he was falsely arrested by a Baltimore police officer while he was attempting to assist with an emergency call involving a friend’s brother.

Plattsmouth Nebraska police are being sued by a couple claiming that police illegally searched their home then arrested the husband on false charges before committing him to a hospital on a mental health hold. The charges against the man were dropped but they still lost their children and the man lost his shot at a contract job overseas because he lost his security clearance over the incident.

A Marion South Carolina school resource officer suspended after losing his still-missing service firearm at high school.

A Los Angeles California police officer has been convicted of leaving the scene of an accident and causing great bodily injury after he hit two pedestrians with his hummer then fled the scene after he saw that they were injured.

A Charlotte-Mecklenburg North Carolina police major has been arrested with his girlfriend on allegations they both assaulted another woman.

A New Orleans Louisiana police officer has been sentenced to 10 days in jail on a domestic violence charge for fracturing his police officer wife’s jaw when he punched her ten times in the head.

A Lansing Michigan police officer has been fined $100 after being convicted on a misdemeanor charge for misusing a police database to perform background checks on friends and family.

The San Diego Harbor California police department is being sued by a former female police officer who alleges she was subjected to constant sexual harassment that started on her first day at work and continued despite her complaints.

An Oneida County New York sheriff’s lieutenant has retired in order to avoid prosecution for using his department-issued laptop to take online college courses while he was on the clock.

An assistant police chief with the Milwaukee Wisconsin police department has been arrested on drunk driving charges after he crashed into a tree while off-duty.

A Norfolk Virginia police narcotics officer has been arrested on DUI charges after crashing his police cruiser in Virginia Beach.

A Stanford University California police sergeant has been arrested for driving under the influence but officials are refusing to release any other details in that case.

A St Lucie County Florida deputy has been arrested on a DUI charge after he allegedly flashed his badge during a traffic stop in an apparent effort to get out of it even though he had a BAC of .16

And finally, the head of Delaware state’s Division of Alcohol & Tobacco Enforcement has been arrested on DUI charges when stopped for speeding.

That’s it for today, stay safe out there!

View Original Article With Links HERE

Midnight Grocery Runs Capture Economic Desperation

By ANNE D'INNOCENZIO and DENA POTTER, Associated Press Writers

FREDERICKSBURG, Va. –
Once a month, just after midnight, the beeping checkout scanners at a Walmart just off Interstate 95 come alive in a chorus of financial desperation.

Here and at grocery stores across the country, the chimes come just after food stamps and other monthly government benefits drop into the accounts of shoppers who have been rationing things like milk, ground beef and toilet paper and can finally stock up again.

Shoppers mill around the store after 11 p.m., killing time until their accounts are replenished. When midnight strikes, they rush for the checkout counter.

"The kids are sleeping, so we go do what we've gotta do. Money is tight," Martin Young said as he and his wife pushed two carts piled high with ground beef, toilet paper and other items.

The couple said they need food-stamp benefits, which are electronically deposited onto debit cards, because his job as a restaurant server doesn't quite cover expenses for their five children.

"We try to get here between 10:30 and 11 because we know we've got a lot of stuff to get. That way by 12 o'clock we're at the line cashing out and done," he said.

More than a year after the technical end of the Great Recession, millions of Americans still have a hard time stretching their dollars until the first of the month, or even the next payday.

One in seven Americans lives in poverty, and more than 41 million are on food stamps, a record. Last year the figure was about 35 million.

As a result, there are more scenes like the one last week at a 24-hour Kroger in Cincinnati. As the final hours of September ticked down, about five dozen cars were in the parking lot. It's much slower on normal weeknights.

[Related: First Person: New job doesn’t mean recession is over]

"This here is emergency bread," said Melinda Patterson, 36, who has been without a full-time job since the recession began and had started shopping 20 minutes before midnight. That's when $435 in food stamps kicked in to help feed her six children.

The same night, Shavon Smith and her four young children were loading up on meat, fruit, bread, water, tissues and cereal at Kroger's Food 4 Less store on Chicago's West Side. Those staples had begun running out more than a week earlier.

"Tonight, they were tired and hungry, so I said, 'Let's go ahead and do it now,'" said Smith, who had $600 in food stamps electronically deposited to her electronic debit card at midnight.

"They can go to the fridge and get whatever they want in the beginning of the month, and we have bigger meals," a reprieve from the rationing that is the rule for the rest of the month, she added.

Stores have always noted swings in spending around paydays — a drop-off in buying in the days before shoppers receive paychecks or government subsidies, followed by a spurt of spending once the money is available.

[Related: Which cities are facing the biggest housing risks?]

The recession and its aftermath have taken the trend to an extreme. Tight credit is a factor, too. When cash runs out, many can no longer fall back on credit cards to buy what they need.

There is no broad data on the impact of this shopping pattern, known as the paycheck cycle. The timing of government assistance is different from state to state, and when payday falls varies by employer.

But stores have learned how to adapt to the surges, which typically occur on the first and the 15th of the month, when many people get their paychecks. They monitor the pay schedules from big employers in the towns where they operate.

Walmart, Kroger, Kmart and others have worked with their suppliers to stock more gallons of milk and supersized packages of toilet paper and detergent at the beginning of the month. Smaller packages and store brands are given prominence leading up to payday.

Walmart is collaborating with vendors to offer even smaller sizes for under a dollar to win back customers who are heading to dollar stores to buy mini-size laundry soap and other items because they only have a few dollars left until the next payment. Earlier this year, Kmart began pushing $1 items on snack packs and other food items, timed a week before the 15th of each month to help customers stretch their budgets.

[Related: Recession not over for my family]

"This is the new normal," said Richard Hastings, macro and consumer strategist with Global Hunter Securities. "This is going to be like this for many years to come."

Not counting Social Security, one in six Americans now receives some form of government assistance, including food stamps, Medicaid and extended unemployment benefits.

These government payouts now account for about 20 percent of Americans' total after-tax income, said David Rosenberg, an economist at investment firm Gluskin Sheff. The average over the past half-century is 13 percent.

The high number of people on government assistance is atypical for this stage of an economic recovery. Usually at this point, growth in assistance rolls should be flattening, Rosenberg said.

Americans relying on government benefits are doing their homework to stretch the payments. The vast majority interviewed by The Associated Press as October dawned last week were carefully scrutinizing prices and had a game plan of what to buy where.

In Harlem, shoppers were running back and forth from Target to Costco to compare prices just after 10 a.m., the time most of the stores open, on the first day of the month.

Sandra Bennerson, 66, who is retired and gets Social Security on the first, was in the detergent aisle at Target, explaining to a reporter why Costco had a better deal on Tide. Costco was offering 20 more ounces for the same price.

"Every penny counts," she said.

In Cincinnati, Patterson said she had learned how to budget. She said she hopes the midnight shopping ends soon.

"It's going to be getting colder," Patterson said. "Hopefully, it won't be like this much longer."

___

D'Innocenzio reported from New York. AP Business Writer Dan Sewell in Cincinnati and Associated Press Writer Tammy Webber in Chicago contributed to this report.

(This version CORRECTS spelling of Melinda Patterson in 10th paragraph.)

View Original Article HERE

SPLC, DHS, Community Officials Team Up to Attack Patriot Groups

Kurt Nimmo
Infowars.com

Stewart Rhodes writes today on the Oath Keepers website that the Southern Poverty Law Center is now officially part of the Department of Homeland Security. Rhodes sources a DHS document, entitled “Countering Violent Extremism Working Group,” that lists Richard Cohen as a member of the DHS created group. Cohen is president and CEO of the Southern Poverty Law Center. In addition to Cohen, a number of law enforcement officials are members of the DHS group, including Austin Chief of Police Art Acevedo.

Download pdf document HERE

“What does the working group do? Make recommendations on training and how to use all of the local resources — police, social services, media, NGO’s, you name it – to fight ‘extremism.’ So, now no need to file a FOIA request to discover that SPLC is writing the reports naming constitutionalists as possible terrorists. Now it is in your face and the mask is off,” writes Rhodes.

The document encourages local “partners” and the feds to work together to share “threat-related information… and develop case studies that can be used by local authorities as a learning tool for law enforcement personnel” in order to prevent “ideologically-motivated violent crime (radicalization, violent extremism, etc.),” in short the patriot movement.

In early April of 2009, a document produced by the Department of Homeland Security, “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” characterized patriot political groups that reject “federal authority in favor of state or local authority, or [reject] government authority entirely” as domestic terrorists.

The DHS report followed similar reports issued by the Missouri Information Analysis Center and the Virginia Fusion Center. The MIAC report specifically describes supporters of presidential candidates Ron Paul, Chuck Baldwin, and Bob Barr as “militia” influenced terrorists and instructs the Missouri police to be on the lookout for supporters displaying bumper stickers and other paraphernalia associated with the Constitutional, Campaign for Liberty, and Libertarian parties.

According to the Americans for Legal Immigration PAC, the MIAC documents were heavily influenced by “faulty and politicized research issued by the Southern Poverty Law Center (SPLC) and Anti Defamation League (ADL).” In 2008, law enforcement officers from across Missouri gathered in the town of Arnold to hear from ADL experts on right-wing extremism.

The SPLC and the Anti-Defamation League work hand-in-hand with the Department of Homeland Security to demonize patriot and constitutionalist organizations,” we wrote on April 10, 2010, after the government attempted to frame the Hutaree in Michigan. “SPLC’s Mark Potok appears on corporate media networks almost daily peddling his organization’s hysterical rantings and fairy tales about impending violence and mayhem that will be perpetuated by patriot groups and individuals.”

In 2009, DHS boss Janet Napolitano showered kudos on the ADL during a conference held on April 22 of that year. “In recent years, the Department has placed our employees in your advanced training school to educate us on the tactics used by extremists and terrorists,” Napolitano said.

The ADL is currently involved in brainwashing children in the Austin, Texas, school system under the guise of preventing cyberbullying and guarding against so-called hate speech. “The ADL said schools have a duty to protect students and exercise precautions against cyberbullying that happens on campus through policies, supervision, reporting processes and education,” reports KXAN. “Through the years, the League has been a leading provider of anti-bias education and diversity training programs that help create and sustain inclusive home, school, community and work environments,” the ADL website states.

Both the ADL and the SPLC have manufactured a cottage industry around the bogus threat of the “modern militia movement” and specialize in going after key individuals and leaders of the constitutionalist, Libertarian, and patriot movements.

Alex Jones is a favored target of the ADL-SPLC propaganda and demonization project. A Google search of the ADL website produces dozens of references to the radio talk show host, most related to the Pittsburgh cop killer and admitted white supremacist Richard Poplawski. Poplawski posted comments on the Infowars website.

Other ADL targets include the Oath Keepers and Three Percenters, who are according to the ADL “both part of an anti-government extremist movement that has grown since President Obama took office, promote the idea that the federal government is plotting to take away the rights of American citizens and must be resisted. The two groups are apparently trying to make inroads in the U.S. military,” a distortion that plays right into the DHS “rightwing extremism” document that claims returning veterans pose a violent threat.

In 2009, DHS boss boss Janet Napolitano showered kudos on the ADL during a conference held on April 22, 2009. “In recent years, the Department has placed our employees in your advanced training school to educate us on the tactics used by extremists and terrorists,” Napolitano admitted.

The vicious campaign against the Oath Keepers escalated earlier this week when the CPS in New Hampshire kidnapped the newborn baby of John Irish and Stephanie Janvrin. Authorities said the child was taken in part due to Irish’s association with the patriot group the Oath Keepers. “The Division became aware and confirmed that Mr. Irish associated with a militia known as the Oath Keepers,” confirming the fact that Irish’s political beliefs were the primary reason the child was snatched.

As Stewart Rhodes notes on the Oath Keepers website, the DHS spawned working group details how they plan to utilize local social welfare and mental health agencies to counter “violent extremism” as defined by the government, the SPLC, and the ADL, thus revealing that Irish and Janvrin’s newborn was kidnapped as part of an effort to criminally harass and punish members of the patriot community.

View Original Article HERE

Government Seizes Newborn Baby Over Political Beliefs Of Parents

PrisonPlanet.com
Paul Joseph Watson

Couple who took part in Oath Keepers online discussion forum have child snatched in shocking new level of police state persecution.

UPDATE: We have now obtained a copy of the affidavit which can be viewed below. This confirms that Irish was targeted partly because of his association with Oath Keepers, in addition to the fact that he bought guns. Apparently, exercising the second amendment is now reasonable justification for the state to steal your child in America.

A newborn baby was ripped from its mother’s arms by officials from the New Hampshire Division of Family Child Services accompanied by police after authorities cited the parents’ association with the Oath Keepers organization as one of the primary reasons for the snatch, heralding a shocking new level of persecution where Americans’ political beliefs are now being used by the state to kidnap children.

What was supposed to be one of the most joyous occasions of their lives turned into a nightmare for Johnathon Irish and Stephanie Janvrin, after they were told by The Director of Security and the Head Nurse at Concord Hospital that their baby would be taken to be checked by the hospital pediatrician.

“They lied to us – they got us to allow them to take our daughter under false pretenses, we didn’t even have a choice,” said Irish.

When Irish tried to stop his daughter being taken, the baby was immediately wheeled out in a bassinet, after which Irish saw three men in suits accompanied by uniformed police officers as well as detectives and social workers. who proceeded to try to search Irish.

“They forced me to stand up, held my hands behind my back and patted me down,” said Irish, before police told him they were taking the baby.

“My fiancĂ© didn’t even get any time to bond with the baby – they came in and stole our child,” said Irish. The parents were given a couple of minutes with their daughter before being forced by police to leave the hospital. Irish was subsequently told that a “security officer” would follow his every move.

The affidavit in support of the decision to take the child, which has been verified by Oath Keepers, states, “The Division became aware and confirmed that Mr. Irish associated with a militia known as the Oath Keepers,” confirming that political beliefs were, amongst other reasons, one of the primary factors behind the snatching of the baby.

Even if the additional reasons cited in the affidavit, which are unproven at this time, could be considered sufficient reason for the state to take the baby, the fact that political affiliations were even mentioned is a frightening indictment of how far the government’s war on Americans who dissent against authority has advanced.

“Regardless of the other allegations, it is utterly unconstitutional for government agencies to list Mr. Irish’s association with Oath Keepers in an affidavit in support of a child abuse order to remove his daughter from his custody.” writes Oath Keepers founder Stewart Rhodes. “Talk about chilling speech! If this is allowed to continue, it will chill the speech of not just Mr. Irish, but all Oath Keepers and it will serve as the camel under the tent for other associations being considered too risky for parents to dare. Thus, it serves to chill the speech of all of us, in any group we belong to that “officials” may not approve of. Don’t you dare associate with such and such group, or you could be on “the list” and then child protective services might come take your kids.”

The parents were not even full members of the Oath Keepers organization, they were merely on a discussion list related to the group. This makes the case even more shocking – you don’t even have to be directly associated with a group that the government deems to be a “militia” to have your baby stolen – you merely have to be involved in online discussions of issues relating to the constitution and freedom in America.

The Oath Keepers organization is not a “militia,” as the affidavit claims, it is merely a loose network of current and former military and law enforcement professionals who have sworn not to obey unconstitutional orders such as gun confiscation, warrantless searches and mass internment of Americans. The group is committed to non-violence.

If this case is allowed to stand it opens up a hellish future for free speech and political discourse in America. If parents live in fear of having their children stolen by the state because they criticize the government, the United States can rank itself amongst the worst dictatorships in history who invoked the threat of taking people’s children if they spoke out against tyranny.

Oath Keepers founder Stewart Rhodes has announced that a legal defense fund will be created to help Irish, and that the organization, “will actively pursue aggressive legal remedy and redress.”

“We will assist in locating competent local legal counsel in New Hampshire and additional expert legal counsel from around the country in First Amendment and child custody law,” wrote Stewart on the Oath Keepers website.

“There can be no freedom of speech, no freedom of association, no freedom to even open your mouth and “speak truth to power,” no freedom AT ALL, if your children can be black bagged and stolen from you because of your political speech and associations — because you simply dare to express your love of country, and dare to express your solidarity and fellowship with other citizens and with active duty and retired military and police who simply pledge to honor their oath and obey the Constitution. It was to prevent just such outrageous content based persecution of political dissidents that our First Amendment was written.”

Watch the video below in which John Irish describes what happened



We join with the Oath Keepers organization in asking people to flood the relevant organizations with calls and emails demanding the release of the baby. Please be polite.

Contact New Hampshire DCWY

Telephone (603) 271-4711
Toll Free Number (800) 852-3345
Fax Number (603) 271-4729

E-mail:Click here to email. Click here to email.

Contact Concord Hospital

(603) 225-2711

Toll Free Instate: (800) 327-0464

Statement by Jonathon Irish

My name is Johnathon Irish and my fiance’s name is Stephanie Taylor, she uses my grandfathers last name Janvrin on the internet. Our daughter Cheyenne was born at 11:37 on 6 October. She wasn’t even 16 hours old when they came in and stole her from us, the head of security had come in a nurse while Cheyenne was sleeping lied to us telling us that they just wanted to take her to the nursery to see the doctor to be discharged. Even though I said NO to have the doctor come in the room they took her anyway, I followed then out to the nursery because I didn’t want my daughter out of my sight, as we were walking out I saw several gentlemen wearing suits with detective badges and my gut just started wrenching.

They rushed her into the nursery and locked her in, while I was talking to one of the other nurses the head of security comes up behind me, grabs my arm and starts walking me down the hall saying “you need to keep an open mind, you need to just hear them out” and he just kept repeating himself ignoring my questions as to who “they” were. When he got me in Stephanie’s hospital room and sat me down on the couch the police department and DCYF workers showed up. 3 uniformed patrol officers and 3-4 detectives with 2 DCYF social workers walked in the room, one of the patrol man asked if he could pat me down, I said NO not giving consent that I just want to know why the hell everyone is there.

The officer grabbed my wrist, bent it behind my back and stood me up and proceeded to pat me down anyway. They took my pocket knife and BIC lighter, they then asked me if I had any other weapons on me which I told them no. They then gave us a fabricated affidavit with no facts in it what so ever telling us that they were taking custody of our newborn daughter. If anyone has any other questions I am willing to answer any and all questions and clarify anything that someone may not understand. To be honest, I don’t even understand this myself.







View Article With Pics and Affidavit HERE

Related Article Oath Keepers Statement HERE

Cash-Strapped States Resurrect "Debtors' Prisons"

truth-out.org
by: Nadia Prupis

Two reports published by NYU's Brennan Center for Justice and the American Civil Liberties Union (ACLU) reveal a rising trend of patently unconstitutional practices in cash-strapped states, where a growing number of impoverished people are jailed for being unable to pay their legal fees - including charges for use of public defenders, a guaranteed right in the United States. The resurgence of these draconian "debtors' prisons" has been documented in at least 13 of the 15 states with the largest prison populations in the country, including California, Arizona, Michigan and Alabama.

"Incarcerating people simply because they cannot afford to pay their legal debts is not only unconstitutional but also has a devastating impact upon men and women whose only crime is that they are poor," said ACLU senior staff attorney Eric Balaban.

Many states view the fees as a method for helping to alleviate budget deficits. In New Orleans, Louisiana, legal fines comprise almost two-thirds of criminal courts' operating budgets. But the ACLU found in its report, "In for a Penny: The Rise of America's New Debtors' Prisons," that jailing individuals for failing to pay legal fees actually places the financial burden on the state, wasting taxpayer money and resources to keep those individuals in jail or on public welfare as they struggle to pay their overwhelming debts.

Moreover, these and other penalties creates obstacles for those re-entering society after completing their criminal sentence; the Brennan Center report, "Criminal Justice Debt: A Barrier to Reentry," notes that eight of the 15 states studied suspend driving privileges of individuals who miss debt payments, while seven states require them to complete their full payments before regaining eligibility to vote. Such unnecessary setbacks often pave the way for those on probation to return to jail through no fault of their own.

"We are undermining the integrity of our criminal justice system and creating a two-tiered system of justice in which the poorest among us are punished more harshly than those with means, at a great cost to taxpayers," said ACLU deputy legal director Vanita Gupta.

Imprisoning probationers for failing to pay court debts was found unconstitutional in 1980, when Georgia resident Danny Bearden was sent to prison for two years when he could not pay $550 in legal fees, despite his efforts. In Bearden v. Georgia, the Supreme Court ruled that such practices violated the Equal Protection Clause of the 14th Amendment - but states throughout the country have begun openly disregarding these principles in their efforts to balance their budgets.

The ACLU report highlights a few exemplary cases. Gregory White, a homeless man in Louisiana, was arrested for stealing $39 worth of food from a grocery store and assigned $339 in legal fees; when he was jailed for being unable to pay, White spent 198 days in jail at a cost of $3,5000 to the city.

Georgia resident Ora Lee Hurley owed $705 in fines from a 1990 drug possession conviction and remained in jail for eight months for failing to pay.

Kawana Young, a 25-year-old single mother in Michigan, was told after the fact that her community service hours would not satisfy her debts because she had volunteered with a nonprofit organization. Young has since been jailed five times for being unable to pay her fees.

And Percy Dear, a New Orleans resident who suffers from epilepsy, schizophrenia and bipolar disorder, was arrested for begging in 2007. After pleading guilty, Dear was sentenced with either paying an immediate fine of $200 or spending 20 days in jail. Dear was unable to pay his fine at once and was incarcerated. These particular "fine or time" sentences are a glaring example of methods that plainly punish indigent cases while allowing wealthy individuals to go free on the same charges.

Judge Calvin Johnson, who served for 17 years in the Criminal District Court or Orleans Parish, said that regularly sentencing defendants in a "fine or time" method could have cost the city more than it collected. "30 days or $100 - that was something I heard every day," said Johnson in the ACLU report. "Now, how can you describe a system where the city pays $23 a day to the Sheriff to house someone in jail for 30 days to collect $100 as anything other than crazy?"

"People are emerging from the criminal justice process with significant debts that they cannot hope to repay," said Brennan Center Deputy Director Rebekah Diller. "As a result, these fees are creating new paths back to prison for those unable to pay."

Former Montgomery County, Ohio, public defender Glen H. Dewar is profiled in the ACLU report for his efforts in eliminating the state's debtors' prisons. Dewar stated in the report, "My estimate is that 20 to 25 percent of all local incarcerations statewide are for fines and costs, while about 50 percent of arrests are for fines and costs ... [until 2000], none of the persons arrested for nonpayment of fines and costs appeared on any court docket. Nor were they ever scheduled to appear at any particular time before any particular judge or magistrate." Before county jail records were computerized, Dewar said, "the scope of the problem, in terms of both numbers of arrests and days in jail, remained hidden ... the county also expanded jail space at a cost of millions, unaware of the fact that it was not for criminals but debtors."

As noted in the Brennan Center report, several states have also started to utilize practices that violate the Sixth Amendment, which guarantees defendants a right to counsel. Florida, North Carolina and Virginia have all implemented mandatory defender fees and provide no opportunity to waive them for indigent cases.

According to the report, "defender fees often discourage individuals from exercising their constitutional right to an attorney - leading to wrongful convictions, over-incarceration and significant burdens on the operation of courts. In Michigan, for example, the National Legal Aid and Defender Association found that the threat of paying the full cost of assigned counsel resulted in misdemeanor defendants systematically waiving their right to counsel - at a rate of 95 percent in one county." In Virginia, defendants often face up to $1,235 per count for some felonies.

The Brennan Center recommends that states eliminate public defender fees and offer community service programs that build job skills, among other state and local policy reforms; the ACLU similarly recommends that a judicial assessment of a convicted defendant's ability to pay fines must be comprehensive.

Read Original Article HERE