Tuesday, January 18, 2011

Articles for 18 January 2011

January 18, 2011


Today's Stories

-- IL Issue: Will "Middle America" Reject The Death Penalty?

-- Ohio Grants Privileges To Death-Row Inmates After Hunger Strike

-- Chicago Prostitution Court Aims To Get Women Out Of The Trade

-- Hitch In CA Prison Plan: Many County Jails Already Are Full

-- Justice Department Wants Loughner Case To Stay In AZ

-- The "System" Didn't Fail With Loughner, Editor Argues

-- IN Rap Producer Sues Reality TV Show In False Arrest Case

-- Rendell Plans PA Network Of Animal Shelters In Prisons

-- Police Shootings Drop In Houston; New Chief, Training Cited

-- Abused Woman Tells Her Story To Help Other Victims

-- U.S. Getting Funds From Child Porn Offenders To Help Victims

-- Schwarzenegger Record On Clemency Was Inconsistent

On every business day, Criminal Justice Journalists (CJJ) provides a summary of the nation's top crime and justice news stories with Internet links, if any. Crime & Justice News is being provided by CJJ with the support of the John Jay College of Criminal Justice, its Center on Media, Crime and Justice, the Ford Foundation, and the National Criminal Justice Association. The news digest is edited by Ted Gest and David Krajicek.


You may go to TheCrimeReport.org to search all archived CJN stories. Please e-mail Ted Gest at CJJ with concerns about the editorial content of our news items, to suggest news stories, or with general comments.


IL Issue: Will "Middle America" Reject The Death Penalty?


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Death penalty opponents say that if Illinois Gov. Patrick Quinn signs a bill abolishing capital punishment, it would be a dramatic stand against executions, says the National Law Journal. "This is the state people were watching for a long time," said Richard Dieter of the Death Penalty Information Center, which opposes capital punishment. "It's a turning-point state. It's not the South, but not New England either. It's middle America."


The other states that have ditched the death penalty recently - New Mexico in 2009, New Jersey in 2007 and New York (by court ruling) in 2004 - were not actively executing inmates beforehand. Illinois executed 12 people since capital punishment was reinstated in 1976. Dieter wouldn't expect Illinois to set off an abolition avalanche across the nation. There are more than 3,200 people on death rows, and states like Texas and Mississippi are defiantly immune from pressure to end capital punishment. Kansas and South Dakota rejected abolition measures last year. Other factors were at work in Illinois as well, says author Scott Turow, a death penalty critic. "With the state $15 billion in debt, we simply can't afford a remedy with no proven benefit that can double or triple the cost of prosecution." The higher litigation costs caused by lengthy death penalty appeals have enabled legislators in other states to frame it as a practical, economic issue and to avoid the moral dimensions.




Ohio Grants Privileges To Death-Row Inmates After Hunger Strike


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A hunger strike by the three Ohio prison riot leaders has ended with state officials conceding to nearly all of the strikers' demands, reports the Columbus Dispatch. Warden David Bobby of the Ohio State Penitentiary at Youngstown outlined six policy changes being made for inmates under the prison's "administrative maximum security" designation, the most restricted section of Death Row, which houses about 120 prisoners.


Inmates will be allowed "semi-contact" visits with family members, additional recreation time, access to computer-based legal research, phone privileges up to one hour per day and the opportunity to purchase more items from the commissary, including food and clothing. The three inmates began a liquid-only hunger strike Jan. 3. The inmates complained that they were being singled out for unfair restrictions compared with others on Death Row because of their actions during the April 1993 riot. In audio messages distributed via the Internet, Hasan complained they had no outdoor recreation or contact visits with family members, can't buy winter-weight clothing and lack access to LexisNexis, a legal and news Internet search engine. The riot at the Southern Ohio Correctional Facility near Lucasville cost 10 lives, including a corrections officer. Said an attorney for the inmates: "This is a big deal for them to be able to touch a loved one after 18 years."




Chicago Prostitution Court Aims To Get Women Out Of The Trade


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Cook County court officials hope a new pilot program will help some longtime prostitutes get the help they need to get off the streets and stay off, says the Chicago Tribune. Women will be offered treatment and counseling as part of an intensive months-long effort, much as courts have done for drug addicts, the mentally ill, and military veterans who have committed crimes. The once-a-week courtroom opens Friday to 25 women who have a long history of arrests and are currently charged with felony prostitution.


"She has to want to change her life," Associate Judge Rosemary Grant Higgins, who will be heading the court, said of the women. Those who opt to take part will plead guilty to the felony charge, be sentenced to 2 years of probation, and sign a contract promising to complete whatever treatment and social services experts believe are needed to end their ties to prostitution. The women will be jailed for at least 90 days while they are evaluated for drug, alcohol or other problems and given a chance to stabilize from substance abuse or emotional trauma. Depending on the extent of the problems, the women might go to inpatient facilities outside of jail for more intensive treatment or be placed in subsidized housing "to get away from the trade," Higgins said. The women can also receive assistance with education, job counseling, health care needs, child custody, and other issues.




Hitch In CA Prison Plan: Many County Jails Already Are Full


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California Gov. Jerry Brown's plan to transfer state inmates to county jails faces a simple obstacle: Many jails don't have the space to hold them. reports the Sacramento Bee. Just as the state has struggled with prison overcrowding, some counties have had problems keeping inmates locked up. Statewide, tens of thousands of inmates are released early from county jails each year because of space constraints.


Jail crowding was on the minds of many sheriffs when Brown announced in his budget proposal last week his plan to give them responsibility for more than 40,000 lower-level offenders and parole violators. "We don't have the space," said Sacramento County Sheriff Scott Jones, who once ran the county's two jails. "The main jail is full or over-full every day." If Brown's plan is approved, sheriffs say, they would have to release inmates early to make room for state prisoners. Administration officials hope to come up with ways of helping counties with limited jail space. One option would be through a law that authorized $7.4 billion in bonds for jail construction four years ago. Jails in 20 counties are under court orders to release inmates when they become too crowded.




Justice Department Wants Loughner Case To Stay In AZ


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The U.S. Justice Department, denying a report in the Washington Post, says it opposes moving the case of accused Tucson gunman Jared Loughner out of Arizona to San Diego or another location, reports the San Diego Union-Tribune. The Post, quoting anonymous sources, said that "federal court authorities" were preparing for the Loughner case to be moved in the next few weeks because of the massive publicity about the case in Arizona.


The 22-year-old man is accused of killing six people, including a federal judge, and shooting Rep. Gabrielle Giffords (D-AZ), at an event in Tucson that the congresswoman held to meet constituents. San Diego federal Judge Larry Burns has been designated to hear the case after the entire Arizona federal bench recused itself to avoid the appearance of bias against Loughner. The district's chief judge, John Roll, was killed in the Jan. 8 rampage.




The "System" Didn't Fail With Loughner, Editor Argues


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Jared Lee Loughner didn't fall through the cracks, nor did the mental health system "fail" him in the years before Jan. 8, when he fatally shot six people and wounded 13 others, says Washington Post associate editor Steve Luxenberg. The mental health system performed as we have designed it over the past 40 years, ever since courts and legislatures adopted "a danger to themselves or others" as the standard for taking action against those showing signs of a mental illness that might lead to violence, Luxenberg writes.


In Loughner's case, some people did see danger, and some people did act. The patchwork of laws that vary by state tolerates the odd, the strange, even the disruptive ravings of a Jared Loughner. This was a direct reaction to the days when behaving oddly or strangely often meant a long-term stay in an insane asylum of the kind that once dominated the mental health system. Today's system has yet to figure out the best way to deal with the tiny fraction among us who have a severe mental disorder and an apparent capacity for violence, Luxenberg says.




IN Rap Producer Sues Reality TV Show In False Arrest Case


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Carlton Hart, 42, an Indianapolis rap music producer, is not forgiving and forgetting the 687 days he spent behind bars for a crime he says he didn't commit, says the Indianapolis Star. Hart is suing the city, several Indianapolis police detectives, and the producers of a reality TV show that featured his case while he was jailed. The lawsuit in federal court claims false arrest and wrongful incarceration, malicious prosecution, denial of a speedy trial, defamation and infringement of due process.


The lawsuit also contends that the detective show "The Shift," which aired on the Discovery Channel and featured Indidnapolis homicide detectives, defamed him. "An individual losing two years of his life is an injustice that our legal system is designed to address, and that's what Mr. Hart is pursuing in this case: justice," said Sandra Blevins, one of his attorneys. Some defense attorneys had complained about airing episodes of the show while suspects awaited trial, asserting it could influence potential jury pools. Indiana University law Prof. Fran Watson said shows like "The Shift" suggest a presumption of guilt. "A basic right of defendants is to confront their accusers in court," she said. "But there's no such thing on these shows. Someone watching doesn't see that confrontation." Former Prosecutor Carl Brizzi said the show jeopardized ongoing cases, and Public Safety Director Frank Straub ended the police department participation early last year after the show's second year. Hart was freed from jail after prosecutors dismissed charges against him. He had been arrested in 2008 in a fatal shooting and the wounding of the victim's brother. The case never has been solved.




Rendell Plans PA Network Of Animal Shelters In Prisons


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As he leaves office, Pennsylvania Gov. Ed Rendell is focused on a pet cause he hopes will help ease two problems at once: He wants to give pooches to prisoners. The Philadelphia Inquirer says the goal is to make a dent in the state's burgeoning stray-animal crisis, while giving selected inmates responsibility for dogs - a pairing that has worked well in prisons that have tried it.Rendell wants to create a network of animal shelters at state prisons to respond to the rising number of shelters that no longer accept stray dogs and cats. In what may be his first action as a civilian, Rendell, who leaves office today, plans to announce his shelter plan as early as this week.


"I hear it's worked well elsewhere," Rendell said. He vowed to raise money for the potentially costly network - no mean promise in light of Rendell's legendary gifts as a fund-raiser. While the statewide network he envisions might be a first, using inmates as animal trainers and caretakers is not novel. Prisons around the U.S. - including at least four in Pennsylvania - have programs that match selected inmates with dogs. In some cases, inmates get special training, and train dogs to help the disabled or to serve as companion animals for families




Police Shootings Drop In Houston; New Chief, Training Cited


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The number of police-related shootings and residents slain by law enforcement agencies in Houston's Harris County dropped last year from unusually high levels in 2009, say data provided by prosecutors to the Houston Chronicle. Last year there were 46 incidents investigated by the District Attorney's office in which lawmen fired their weapons at civilians, including 13 where residents died. In 2009, there were 60 police-involved shootings investigated in which 27 residents died.


One civil rights advocate linked the decrease in police shootings to stricter policies instituted by Houston Police Chief Charles McClelland, who took office last April, along with actions by District Attorney Pat Lykos. "It's gone down because we have a new police chief - he's made some changes and made some new rules, " said Sylvia Gonzalez, vice president of LULAC's southwest region and a former county probation officer. Houston police commanders attributed reduced shootings to fewer confrontations with armed suspects, along with an increased focus on training officers on the proper use of force. Fred Cooper, a member of the criminal justice committee for the NAACP in Houston, said he hoped attention his and other groups focused on shootings in 2009 had brought improvements.




Abused Woman Tells Her Story To Help Other Victims


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Cynthia Hammond of Sacramento tells the Sacramento Bee from her wheelchair that over the years, her boyfriend, Joe McCoy, had beaten her during fits of rage. In 2009, McCoy accused her of being with another man, and broke her neck. Hammond, 50, a mother of two and a longtime employee and supervisor for Rite Aid pharmacies, became a quadriplegic with very limited use of her body below her shoulders.


In reports about McCoy's trial last month, the news media protected Hammond's identity. Now that McCoy is behind bars, the woman known until now as Jane Doe wants to go public with her story in hopes of persuading others to leave abusive relationships. "Joe's going to prison, and I am in prison, too," she said. "This chair is my prison. But if my story can influence someone who is being abused to get out, or to help someone else to escape, then the price that I have paid will be worth it." In a lengthy interview, Hammond reflected on her relationship with McCoy, why she stayed with him, and how her life has changed since the beating that left her dependent on others.




U.S. Getting Funds From Child Porn Offenders To Help Victims


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Federal prosecutors trying to stem child pornography and aid its victims are going after the assets of offenders under an evolving change in Justice Department policy, reports the Associated Press. A former provost marshal at the U.S. Army's Fort Drum in northern New York was sentenced to almost six years in prison for possessing and sharing child pornography and will soon pay $10,000 each to two victims identified from among more than 700 images of children he had.


The payments are meant to deter sharing images of exploited children and to help pay for their later psychiatric or other treatment. Federal prosecutors said there are thousands of cases nationally, the crime proliferating with the Internet. "I would say in our closed inventory, there are hundreds of cases. They've been convicted, sentenced and their conviction has been affirmed on appeal," said Assistant U.S. Attorney William Pericak in Albany. The Justice Department says its project against exploitation of minors has increased prosecutions 40 percent since 2006, with 2,315 indictments filed against 2,427 defendants in 2009 and almost 9,000 charged over four years. More than 3,000 victims of child pornography crimes were identified.




Schwarzenegger Record On Clemency Was Inconsistent


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The reduced prison sentence that Arnold Schwarzenegger extended to a political ally's son stands in stark contrast to the former California governor's denial of clemency for dozens of inmates involved in similar crimes, says the Los Angeles Times. In one year alone, he overruled state parole board decisions to free 29 such inmates who had served long terms. They, like former state Assembly Speaker Fabian Nuñez's son Esteban, participated in crimes that left a victim dead but did not deliver the fatal blows.


Like the younger Nuñez, 11 of those inmates had no previous criminal record. Among the reasons Schwarzenegger frequently gave for reversing the parole board - a panel appointed by his office and dominated by former police and corrections officers - was that the victim had been killed over something "trivial." In addition, the offender had demonstrated "callous disregard for human suffering," often by fleeing the scene and leaving the victim to die, as Nuñez did after he and his friends drunkenly attacked a group of strangers on a San Diego street after being denied entrance to a fraternity party.


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