My Life After Prison

Resources for the incarcerated and their families.

justice

The Desperate Client

· · Leave a Comment

Left At The Altar

The interview meeting was not my first. It was to my knowledge, however, the first of its’ kind. I had been an Inmate Counsel (“lawyer” in the jailhouse sense) for a fair number of years and had encountered many entirely new and different – some might go so far as to say “unique” – situations. The guy sitting across from my desk I had talked to a number of times when I made my morning rounds of the tiers on Death Row. Just never at length, never without bars separating us, and never in such a tense moment.

His wrists were wrapped with solid stainless steel handcuffs threaded through the notorious ‘black box’ and his feet were shackled to his chair. Two security officers had brought him into the Legal Aid Office and strapped him in and cautioned him; “Do NOT fuck up! Act like you’ve got some sense now.”

At the time, I was kind of a hero, as I had just a few years before beaten the Warden, Burl Cain, in a huge lawsuit wherein I was portrayed as the hero and he the villain. It was not much of a stretch to frame Cain as a villain – he was wildly popular with Louisiana’s legislature – his brother, James David Cain (R) from Pitkin, Louisiana, was a legislator for some 36 years – and was often caught up in mildly scandalous affairs and various goings-on. Burl testified that I “used bad words,” and deserved to be punished for saying them. All I had said (in a letter to the FDA requesting an investigation into a private enterprise on prison grounds) was that it was “shrouded in secrecy and stinks of impropriety”

So he locked me up in solitary, I was threatened with being “shot while attempting to escape,” and various other forms of not-so-pleasurable treatment. However, thanks to a friend who smuggled a letter detailing my experiences to a federal judge, a volunteer lawyer who fought tooth-and-nail on my behalf (Keith Nordyke), and favorable public opinion, I eventually prevailed in a federal lawsuit. Instant fame amongst the convicts, instant landfall monies, and an instant target on my back from several different quarters.

I had fought my assignment to Death Row for some time. Burl Cain had summoned me to the A-Building late one night and asked me to take on the role. He explained why I was the perfect candidate for the job. I demurred with the best initial answer I could come up with at the moment – “Warden, how do you expect me to go in at night and lay my head down on that pillow and sleep, not knowing if I had correctly and effectively done everything possible to save that man’s life knowing that next week or the week after you’ll be the one to kill him?! I can’t do that.”

Well, as Wardens will do, he let me go with that, and then a week later Colonel Sam Smith called me in to an Internal Review Board and basically told me I had better take the assignment or…else. He said (off the taped record, of course) he had received instructions from Burl Cain. I abandoned my clients on the Civil Litigation Team and I accepted the assignment.

I had settled in fairly well and grown to learn most of my clients – all condemned to die by lethal injection – and become familiar with most of them and their needs. I had Shepardized cases for them, fetched and delivered law books to them, drafted motions on their behalf, filed public records requests for them, obtained DNA tests and located “lost” evidence in police files for them, and advocated with everybody on earth I could think of on their behalf.

This, however, was a beast of a different stripe. When I made morning rounds on the Tiers, Kevin S. had stopped me and thrust a piece of paper in my face. Shaking from fear or anger or worry or some emotion, he said, “Man, these mother-fuckers trying to kill me and I ain’t even got a lawyer!” Well, this wasn’t right or…was it? I mean, everybody on Death Row has lawyers, don’t they? Don’t they?

It was very simple – it was an Order from the 19th Judicial District Court in Baton Rouge (the state’s capital) setting his date of execution. The date that the State of Louisiana would calmly, methodically and purposefully kill him had been set.

But, to my way of thinking, it hadn’t been set in stone. And that’s the only thing that counts. You see, when a convict (especially an Inmate Counsel) thinks there’s a way to get past something, he’s going to find it. Now, it might be around it, over it, under it, or through it…but he’s going to find it.

So, after getting past my initial uneasiness at the way the meeting had started out, we got into the details. Kevin S. – a tall, heavily built and very dark Black man – had been convicted of the July 30, 1991, 1st Degree Murder of one Kenny Ray Cooper, a young guy working at a Church’s Fried Chicken. As he continued with the story, my skepticism began to wane. He told me that it was NOT an armed robbery, as the DA had presented it to the jury. It was actually a case of self-defense.

Louisiana defined 1st Degree Murder (Louisiana Revised Statute R.S. 14.30) at the time as:

“The killing of a human being:

(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of certain listed felonies (e.g., aggravated kidnapping, rape, robbery, arson, burglary, assault, etc.),

OR

(2) When the offender has specific intent to kill or inflict great bodily harm and meets other aggravating factors.”

As Kevin unraveled the story to me, Kenny owed him money from a previous drug deal, and he had gone to collect after several failed attempts. An argument ensued, and Kenny pulled a gun and Kevin pulled his and they exchanged shots. Kenny died – Kevin survived. Now, Kevin was awaiting the horror of being killed by Louisiana for defending himself.

Before I go further into the story and my reliving of the moment, let me tell you a few things about Louisiana’s death penalty and its’ prosecution and application in Louisiana. Louisiana is inherently a racist state, and always has been. It has a rich and vibrant history of horrific racism. Even today, Louisiana’s justice system fights to maintain Jim Crow-era laws that are responsible for the mass incarceration crisis in the state, and which even now, threatens to dominate the nation in the numbers of prisoners stuck behind bars for the remainder of their natural lives.

When I was in Angola prison (where I served 47 flat calendar years), at one point I was fortunate enough to meet the artist Debra Luster, while she was working on her beautiful exhibit One Big Self: Prisoners of Louisiana. As a wooden bowl maker and erstwhile craftsman, I participated in her project. This was only one of the myriad of experiences where I began to realize that Louisiana had a serious problem with racism and mass incarceration.

However, as I sat across the desk from Kevin on that day, these were all thoughts far from my mind. I was focused on one thing and one thing only: saving his life from being murdered by the State of Louisiana. It really made no difference to me whether Kevin was truly guilty or truly innocent – at moments such as this, innocence is never the point – the point is taking the next in a series of breaths.

Now, I believe I had told you that Kevin said to me, “…trying to kill me and I ain’t even got a lawyer!” Well, that wasn’t entirely correct, Turns out that he did indeed have attorneys appearing on his behalf. They just weren’t there. Turns out there was a big fancy wedding taking place in England, and his attorney was doing the most vitally important task of attending the wedding. Hmmm…balancing the scales between attending a wedding and getting a stay on Kevin’s case….I believe I would have chosen the latter. But, I digress….

I called Ms. Dora Rabalais, (Director of Legal Programs at Angola for 26 years) and explained the situation to her. At that point in time, we had a pretty good relationship because (secretly) she had admired my first battle with Warden Burl Cain, (wherein I wrote the now-famous “shrouded in secrecy” letter). At the conclusion of my case in Federal District Court, she had told me that I had brought credibility and strength back to the program. So, today, she was willing to help in this seemingly urgent matter.

She called the Death Row Warden who was in charge of both CCR (Close Cell Restriction) and Death Row, and I have no clue as to how the conversation went. I do know that it was only about an hour later that one of the post officers came to my office and told me that they would be bringing Kevin to the office in about thirty minutes. So, that’s how we came to be sitting across from each other, how I heard his story, and how the first-of-its-kind meeting was arranged, and how the next events took place.

Kevin and I talked for at least an hour or two and I told him what we would do. I would file for a Stay of Execution and go from there. I prepared it (my first one in such a critical matter!) using a Louisiana Formulary, and had it carried to Ms. Dora’s office where she faxed it to the court. As expected, a few hours later it was DENIED. I had already prepared an appeal of the denial and sent that back to Ms. Dora, where it was faxed to the Louisiana State Supreme Court. Baby stuff, right?

Maybe ‘baby stuff’, but for me, for Kevin, for everybody, it was huge. In times of clear pressure, Legal Programs was thriving and delivering on the promise of effective assistance of counsel substitutes to all inmates.

Under her leadership, Angola’s legal programs became a model for other states. States like Florida, Mississippi, and Texas adopted similar programs to enhance legal assistance for inmates without the need to hire additional attorneys.

Kevin eventually received his stay order. That night, if no other, I could lay my head down and rest knowing that I had done everything I could to help Kevin, and that it would not be the next week that Louisiana would kill him.

We had several more interactions over the next year or so, and I continued my work for Death Row, Treatment Center, and Infirmary Center inmate clients. Years later, I looked up one day in the chow line and Kevin was standing there – free from the promise of death. He had been re-sentenced and now had a LWOP (life without parole) sentence.

Sadly, though, my battles with Burl would resume some time later. We would get into a war over my accusations of financial impropriety and he would again send me to another institution. It was a harrowing experience to endure for what I felt was – again -doing the right thing. Ultimately, I prevailed again,

I have now been free for 781 days. I just turned 72. I’m living my best life. I hope you are too!

The Author – Bill Kissinger

Donate NOW To My Life After Prison – FREEDOM CHANNEL

OR

BUY ME A COFFEE !!

Thank you! Be sure to check my Substack column at

Unraveling (IN)Justice – Part II

· · Leave a Comment

Willing Ears – And A Wide Divide

Jimmie Duncan On The Row At A Visit

Recall the two “experts,” Michael West and Steven Hayne. As I explained before, Jimmie’s case has become a hot gathering spot for wrongful conviction advocates primarily because of its connection to two of the most well-known names in forensic misconduct.

These discredited forensic figures have been linked to many wrongful convictions, many of which have been overturned, and of the overturned, 4 are death row veterans. Yet, in spite of mounting evidence that Duncan was convicted based on junk science, Louisiana continued to push onward with the tortuous path towards his execution.

Michael West first: the evidence analysis provided by Dr. Michael West, a so-called “bite mark expert,” has led to the wrongful conviction of almost a dozen people.

I chose one particular case of Dr. West’s to highlight out of the myriad of cases where he sold his soul and honed his craft. He operated his own little cottage industry where he delivered on demand the testimony most desired by prosecutors: something to tie the case together and point the finger directly at the defendant However, his aim was often way off target.

Dr. West’s bite mark testimony directly contributed to the murder convictions of Levon Brooks and Kennedy Brewer. Brooks and Brewer were accused of killing two young girls in the early 1990’s, and while there wasn’t much evidence tying either man to the crime, West concluded that the bite marks seen on the two girls came from Brooks and Brewer, respectively.

As Oxygen reports, West even went so far as to say that the marks seen on one of the victims were “indeed and without a doubt inflected [sic] by Kennedy Brewer.”

….

He had even been discredited before Brewer’s trial, the first member ever to be suspended from the American Board of Forensic Odontology.

Levon Brooks: Levon Brooks spent 16 years in prison for the rape and murder of a three-year-old girl that he did not commit. Forensic dentist Dr. Michael West claimed that the marks on the victim’s body were human bite marks and he testified at Brooks’ trial that, of 13 suspects whose dentitions he had compared to the wounds on the victim’s body, Brooks’ teeth “matched” the marks on the victim. As he explained, “it could be no one but Levon Brooks that bit this girl’s arm.“

Based on this testimony, Brooks was convicted of capital murder and sentenced to life in prison. In 2001, DNA testing and a subsequent confession revealed that Justin Albert Johnson committed the murder. Johnson had been one of the 12 other suspects whose dental impressions Dr. West had determined did not match the bite marks on the victim’s body. Following Johnson’s confession, Brooks was freed on February 15, 2008.

Their exonerations in 2008 marked the first high-profile cases in which the testimonies of Hayne and West were found by the courts to be riddled with errors and, in some instances, completely fabricated.

Remember that In Jimmie’s case, he has ALWAYS proclaimed his innocence – from arrest to arraignment to trial to conviction and on through appeals to post-conviction relief applications – he has never wavered, and his story has never wavered. In the face of death, he has remained steadfast in declaring his innocence. It seems that the only way that the prosecutors could come up with a theory of the case that they could then sell to a jury, was to do a little buying of their own. So they bought three separate things that jurors would eat up: the physical “evidence” testimony of Dr. West, pathologist Dr. Steven Hayne, whose longtime partnership as state experts fell under legal scrutiny after questions emerged about the validity of their techniques.and the testimony of Michael Cluse (whom we’ll see in greater detail in Part 3), a rewarded jailhouse informant (snitch).

Now, Michael Hayne: At the time of Haley’s death, Hayne and West dominated the autopsy business in Mississippi and were making inroads into Louisiana’s “industry of courtroom experts.” Hayne could flip an autopsy around quickly, and unsurprisingly his findings nearly always supported whatever the working theory of law enforcement was, implicating their primary suspect in whatever crime they were investigating.

Hayne had found an ideal and perfectly willing partner in West, one of the leading “experts” in forensic bite mark analysis, a relatively newcomer science whose main claim to fame was to be able to match bite marks on a victim with the teeth of the suspected biter.

On multiple occasions, Hayne claimed to be performing up to 90% of all autopsies completed in Mississippi and bragged that he completed around 1,500 procedures in a single year. If true, that would far exceed what the annual maximum of 250 set by the National Association of Medical Examiners would equal. When pathologists surpass that number, they risk engaging in shortcuts and making mistakes, according to the organization.

Evidently, he also performed the impossible: in one case, he testified that he removed a victim’s spleen when it had, in fact, already been removed long before the man’s death. In another, he testified that he found in a female child a fully formed prostate gland, an organ that does not even exist in young girls.

Hayne, who died in 2020, had a long and well-documented history of errors and straight-out lies. There have been numerous news reports, court records and even books written about this partnership in the years after Duncan’s conviction.

So, as I said above, they had formed the perfect little cottage industry – reliable and seemingly credible testimony that would favor the state and deliver the desired result – a conviction and sentence.

Years after Haley’s death, Duncan’s post-conviction attorneys uncovered evidence that was not presented at trial that tends to prove his innocence. This includes:

  • a jailhouse informant who wrote to prosecutors offering to share Duncan’s confession to the crime in what the defense claims was an exchange for leniency (the informant later recanted his trial testimony); (covered in detail in the next part of this series)
  • past head injuries Haley (who had experienced seizures) suffered that might explain her death;
  • and a video in which West can be seen grinding a cast of Duncan’s teeth into Haley’s body.

“Cottage industry.” The term make you envision a cozy little gleaming kitchen with red-and-white plaid tablecloths, shiny ovens and the smell of artisan bread baking? No, this is a cold, not-quite sterile room with slide-out drawers, stainless steel tables and windowless walls – and the potential for raking in tens of thousands from willing and eager cops, top cops and frantic prosecutors searching for willing partners in stirring up a pot of criminal (in)justice stew.

They (West and Hayne) were essentially “hired guns,” willing and quite capable of putting on a very convincing show routine in any courtroom and sell any jury.

The amazing thing is that Haley’s autopsy occurred years after there were significant questions raised about West’s and Hayne’s methods and qualifications., as well as results. The wide divide here is the gap between West and Hayne growing and crumbling.

Hayne’s reputation had also been unraveling over the years. A Louisiana judge on the 5th U.S. Circuit Court of Appeals described Hayne as the “now discredited Mississippi coroner” who “lied about his qualifications as an expert and thus gave unreliable testimony about the cause of death” in a 2014 opinion about a different murder case.

“West has routinely collaborated with Steven Hayne, a medical examiner for hire who conducts nearly every autopsy for prosecutors in Mississippi – even though he flunked his board certification. He nets nearly $1 million a year from conducting autopsies across the state, and West helped set up the system that allows Hayne to handle so many autopsies (each year, Haynes conducts six times more autopsies than the recommended standard). Hayne conducted the autopsies on the victims in the Brewer and Brooks cases – and called West in for both autopsies. At Brewer’s trial, full video footage of the victim’s autopsy was deemed inadmissible in court because it was so offensive and inappropriate; throughout the autopsy of the raped and murdered three-year-old girl, Haynes listened to loud music, so the trial judge ruled that the sound from the video could not be played in court. West held the video camera during that autopsy.” The Innocence Project

Just a booming business, right? And a business that Louisiana is heavily invested in. It is NOT the business of truth – rather, the business of fabrication, corruption and eager ears…

Follow along for the next part of this series, and we’ll take a look at how a jailhouse informant helped place Jimmie Duncan in a 6’x9’ death row cell for over three decades.

Let’s Talk Trauma & The Death Penalty.

· · Leave a Comment

Boy, is there a LOT going on! In the world of state AND federal politics, we have heated arguments and an attempted assassination and questions of whether it was staged or real….we have a former President assembling a group of followers and going to Arlington National Cemetery where he posed for a photo op after aides physically shoved a Park employee aside…do YOU have an opinion on that?

Also, in other areas, civil rights attorney Ben Crump speaks out on Democracy Now! after a judge dismisses counts against 2 officers in the Breonna Taylor case (a Black female EMT who was killed by police IN her home during a raid…a raid based upon a falsified police officer’s affidavit), saying that the victim’s boyfriend was responsible for her death because he produced a legally owned firearm and officers returned fire. Bear in mind that the warrant was falsified, it was in the wee hours of the morning, Breonna and her boyfriend were asleep, and the officers broke the doors down for entry. Hmmmmm….

FORMER President Trump has said that he would offer immunity to police officers if he is elected, when “Qualified Immunity” is one of the largest problems in policing, corrections and virtually every field where someone has power over another. This is another issue that divides us as a nation – those who oppose this are labelled as liberal and weak, and supporters of it are called radical and inhumane. Where does one draw the line? Where do YOU draw the line?

AND, the death penalty is back on the table and liberally in use around the country. The old arguments both for and against it are resurfacing, and the usual voices are raised in defense of their positions.

LAST NIGHT, August 29, 2024, at 6:15 pm, the State of Florida executed Loran Cole.

The Death Penalty in America: A System of Inequality

The Death Penalty is Looming.                                             Photo by Bruno Guerrero on Unsplash

The System’s Inequities

The execution of Loran Cole in Florida highlights the ongoing debate surrounding capital punishment in the United States. While proponents argue that the death penalty serves as a deterrent to crime and provides justice for victims, critics contend that it is a cruel and unusual punishment that disproportionately affects marginalized populations.

The death penalty system in America is often criticized for its systemic biases, particularly against individuals from underprivileged backgrounds. Here are some key factors that contribute to this inequality:

  • Racial Disparity: Studies consistently show that individuals from minority racial groups are more likely to be sentenced to death than their white counterparts, even when controlling for other factors. This racial bias can be attributed to systemic racism within the criminal justice system.
  • Economic Inequality: Individuals from low-income backgrounds often have limited access to quality legal representation, which can significantly impact the outcome of their cases. This can lead to harsher sentences, including the death penalty.
  • Mental Health Issues: Many individuals who are sentenced to death have underlying mental health conditions that may have contributed to their crimes. However, these conditions are often not adequately addressed, which can result in unfair trials and harsh sentences.

The Impact of Trauma and Neglect

The experiences of individuals from underprivileged backgrounds can often be marked by trauma and neglect, which can contribute to criminal behavior. If these individuals had access to mental health services, substance abuse treatment, and other support programs, it is possible that they could have been prevented from committing crimes.

For example, individuals who have experienced childhood abuse or neglect may be more likely to develop mental health problems, such as depression, anxiety, or substance abuse. These conditions can increase the risk of criminal behavior. By providing early intervention and support, it may be possible to address these underlying issues and reduce the likelihood of criminal activity.

The Need for Reform

The death penalty system in America is in need of significant reform to ensure that it is applied fairly and justly. This includes:

  • Addressing systemic biases: The criminal justice system must take steps to address racial and economic disparities in death penalty cases.
  • Improving access to legal representation: Individuals facing the death penalty should have access to high-quality legal representation, regardless of their income level.
  • Addressing mental health issues: Individuals with mental health conditions should have access to adequate treatment and support.
  • Exploring alternatives to the death penalty: Some states are considering alternatives to the death penalty, such as life without parole. The life is saved!

By addressing these issues, it may be possible to create a more just and equitable death penalty system that better serves the needs of all Americans.

BUT, what about Loran Cole, a White male?

Photo provided by FL Department of Corrections

Loran Cole, 57, received a lethal injection and was pronounced dead at 6:15 p.m. at Florida State Prison for the 1994 killing of an 18-year-old college student. Cole also was serving two life sentences for rape.

Cole did not have a last statement. “No sir,” he said when asked if he had some final words.

After the procedure began about 6 p.m. Cole briefly looked up at a witness in the front row. After three minutes, he began taking deep breaths, his cheeks puffing out. For a brief moment, his entire body trembled. Five minutes into the procedure, the warden shook him and shouted his name. Cole then appeared to stop breathing and then was declared dead.

Cole’s crime was horrific.

Cole and a friend, William Paul, befriended two college students in the Ocala National Forest, court records showed. After talking around a fire, the men offered to take the siblings to see a pond. While away from the campsite, Cole and Paul jumped the victims and robbed them, according to the records.

THUS, another life was taken…and, another life was surrendered.

Although it is widely known that I oppose the death penalty in ALL cases, this particular case is haunting. It is haunting in that the state of Florida was actually complicit in the heinous murder that landed Cole on death row. I say that because he was a surviving victim of the notorious Dozier School for Boys in Marianna, Florida.

Cole was an inmate at a state-run reform school where he and other boys were beaten and raped. The state has since apologized for the abuse and this year passed a law authorizing reparations for inmates at the now-shuttered reform school. The lawyers also argued Cole shouldn’t be executed because he was mentally ill and had brain damage and Parkinson’s disease.

Not that long ago, Florida Governor Ron DeSantis (R), signed legislation setting aside $20-million in compensation for surviving victims of Dozier.

“It’s been too long,” said state Sen. Darryl Rouson, the Democrat who sponsored the bill. “This is but a small token for a vast ocean of hurt, but it’s what we can do now.”

As he spoke, a group of about 20 victims stood in the Senate public gallery, one wiping tears from his eyes.

“Thank you for never giving up. Thank you for continuing to fight. Thank you telling the story and the stories of those who are not here and can’t speak. We salute your presence today,” Rouson continued.

What is striking about this is the fact that Cole survived the Dozier School, and the trauma he was exposed to, later led him to commit the crime for which he was put to death by Florida, the same state that allowed the Dozier facility to operate. Bodies are still being dug up there.

The mass grave that was discovered in 2017 on the grounds of the campus has been thoroughly excavated, and the remains of many of the missing boys have been identified. At least 75 separate remains were mingled in the mass grave. However, it is possible that there may be additional remains to be found. Given the history of the school and the number of boys who disappeared (hundreds), it’s unlikely that all of the missing have been accounted for.

If new evidence emerges or additional remains are discovered, authorities may need to reopen the investigation. But for now, the primary focus of the investigation has shifted to identifying the victims and bringing those responsible for the abuses to justice.

One might say that all of the survivors of Dozier were compensated. Some received a monetary reward. Some were killed by Florida.

Just 2 weeks ago, I did a long post on trauma and where it leads if not treated. It often leads to prison, and sometimes to death. For Loran Cole it led to his death, and the death of a promising young man in a college student. For now, Florida has failed.

The Louisiana Legislature…

· · Leave a Comment

Help is NOT on the way.

From the moment Jeff Landry took the oath of office, Louisiana has experienced a barrage of initiatives that, for many, signal not just a new approach to governance but also a definitive departure from past practices. Whereas Governor John Bel Edwards was seen as a reformer and a bearer of good change, Landry has from the outset seemed to be a bearer of bad tidings.

Landry made it very clear from the outset that he wanted to do a massive rollback of all of the reforms to the criminal justice system that had take place under Edwards’ administration, ALL of which were done under the label of bipartisanship. At the time of their introduction, testimony, evidence and support was presented by many in the community, and strong voices for advocacy were heard by all of the committees. Evidence was presented to the committees, statistics were given, and in the end, both parties agreed that the changes were needed. Edwards wasted no time in signing the bills, and they became law.

With Landry’s advent upon the scene, he wasted no time in undoing ALL of it. Remember, though, that Landry came into office with only a fraction of the state’s voting populace. Records show that AG Jeff Landry won the governor’s office with 547,827 votes. Louisiana has 2,970,167 registered voters – meaning that Landry was elected by getting support from 18 percent of the state’s voters.

Unofficial turnout was 35.8 percent, records at the Secretary of State show. That’s the lowest turnout number since 1999, which is the earliest figures on the SOS website. The election that came closest, in 2011, was 37.4 percent turnout when incumbent Bobby Jindal ran for re-election with no significant challenge.

If you look at how many eligible voters there are, Landry’s percent drops even more. It’s estimated that there are 3,463,372 people in Louisiana who are eligible to vote. His 547,827 votes are only 16 percent of that number.

So, Landry clearly DID NOT come into office with anything approaching a mandate from “the people”. 18% of a state’s voting base is nowhere near a mandate. Yet his voice is strident as he basically tells voters that, “If you don’t like it, go!”

And, indeed, that’s what people are doing – going. The tone in Louisiana is “I’d better get out of here now, because they’ll come after me next.” And, Landry makes no bones that he and the legislature are going to do exactly that.

Just in the past few weeks, the legislature has taken strong and strident steps, blocking virtually all input from the public on major legislation. Just recently, they’ve done the following:

The new laws fulfill Landry’s campaign promises and mark a big win early in his term. They reverse some criminal justice policies from the previous governor, Edwards, aiming to cut costs by jailing fewer people. This shift puts funding for victim services at risk.

ACTIONS BY THE LEGISLATURE

How much will Gov. Jeff Landry’s criminal justice changes cost? State officials can’t say.

Governor Jeff Landry’s criminal justice package in Louisiana has raised questions about its cost. Here are the key points:

wiDeath Penalty:

  • Proposal: Governor Landry sought to resume death row executions after a 14-year pause.
  • Legislature’s Response: They passed a bill that adds nitrogen gas and electrocution as execution methods.
  • Outcome: Governor Landry signed the bill expanding execution methods.
  1. Juvenile Offenders:
    • Proposal: Measures to address violent carjackings, shootings, and homicides committed by youths.
    • Legislature’s Response:
      • A bill treating all 17-year-olds charged with crimes as adults (a rollback of the state’s “Raise the Age” law).
      • A law making certain juvenile criminal records public.
    • Outcome: Both bills related to juvenile offenders were signed into law.
  2. Parole:
    • Proposal: Sweeping changes to determine how long certain incarcerated people remain in prison and when, or if, they would be allowed a second chance at freedom.
    • Legislature’s Response:
      • A bill that effectively eliminates parole for anyone convicted after August 1, with few exceptions.
      • A bill that reduces the amount of “good time credit” that prisoners can accumulate.
    • Outcome: Both bills related to parole were signed into law.

The cost estimates for these proposals have not been released by the Legislature’s financial analysts. Republican lawmakers argue that safety outweighs costs, emphasizing the need for public safety even thout precise expense figures.

Summary: Governor Landry’s crime bills cover execution methods, juvenile offenders, and parole. While the cost remains uncertain, lawmakers prioritize safety over expenses.

The impact of Governor Landry’s crime legislation during the special session appears to be substantial, especially considering Louisiana’s existing budget challenges. Here are the key points:

  1. Lengthening Prison Sentences:
    • Governor Landry supports proposals to extend prison sentences, making it tougher for incarcerated individuals to be released.
    • These measures are likely to increase Louisiana’s inmate population and result in additional costs for the state over the long term.
  2. Budget Implications:
    • Thirteen of Landry’s criminal justice bills would contribute to state spending, as indicated by fiscal notes attached to the legislation.
    • Budget analysts have labeled these items as causing an “indeterminable increase” in the state’s financial obligations.
  3. Expensive Measures:
    • Bills aimed at lengthening prison sentences for carjacking, increasing penalties for illegal weapon use, and significantly reducing parole are particularly costly.
    • The prison system’s expenses could potentially grow by more than $11 million each per year if the harshest sentences are consistently imposed, according to analysts.

It’s essential to weigh the impact on public safety against the financial burden when considering these tough-on-crime measures.

‘We will find a way…’

Certainly, the debate over the cost of Governor Landry’s crime legislation is a critical aspect. Here are the key points:

  • Republican Perspective:
    • Republicans supporting the legislation argue that the costs are justified because public safety is of utmost importance.
    • Representative Debbie Villio, a former prosecutor and sponsor of legislation to eliminate most parole, acknowledges that this isn’t necessarily a fiscally responsible bill but emphasizes the priority of safety.
  • Budget Implications:
    • The expenses associated with these measures could potentially exacerbate future state budget gaps.
    • Louisiana is projected to face annual financial shortfalls exceeding half a billion dollars starting in 2025.
    • The expiration of a 0.45% portion of the state sales tax next year will leave the state financially strained.
    • Governor Landry’s additional public safety spending will contribute to widening those budget holes.
  • Other Measures:
    • Governor Landry’s plan to add a state police troop in New Orleans is estimated to cost $10 million over the next four months.
    • Senate President Pro Tempore Regina Barrow raises a valid question: Where will the funding come from?

Balancing public safety with fiscal responsibility remains a critical challenge for policymakers in Louisiana.

GOP cutbacks

Over the past year, Republicans have been willing to pick over several other budget proposals in the name of fiscal responsibility. 

Due to the planned sales tax cut next year, Landry and GOP lawmakers have said they don’t think the state can afford to give public school teachers a permanent raise.

The governor stripped funding for several programs, including domestic violence shelters, from his first state budget proposal in an effort to cut public spending. He also issued an executive order last month directing state agency heads to look for savings and budget cuts within their own departments.  

The governor’s own public safety bills haven’t been subjected to the same scrutiny. 

“I haven’t seen that [cash] machine yet, but we’ve got some money coming from somewhere,” Sen. Gerald Boudreaux, D-Lafayette, joked last week during a discussion of the financial impact of Landry’s crime legislation. “I don’t want to get to the point where we ignore the fiscal part of these plans.”

Lawmakers are moving the governor’s public safety bills so fast that the fiscal analyses of proposals haven’t even been completed. Good government doesn’t act, react, or respond in this manner.

Legislative staff are still waiting on information from the Department of Public Safety and Corrections, the Louisiana Sheriffs Association and the Louisiana District Attorneys Association to finish financial impact reports for nine bills, according to their notes. 

THE MONEY HAS TO COME FROM SOMEWHERE…

Despite the lack of concrete data, the legislation continues to advance. The proposals were poised for final votes by the end of the week. Scott Peyton, director of Right on Crime, a conservative organization advocating for less incarceration, observes that conservatives, especially concerning public safety, are often willing to issue a blank check. That check may bounce, says the author, who has 47 years of experience behind the bars of Angola.

Some Republican lawmakers anticipate that the financial impact of lengthening prison sentences may not be as severe as the legislative analyses suggest. Their argument is that more severe sentencing should act as a deterrent, dissuading individuals from committing crimes and ending up in prison. The author says he can’t think of a single person who actually stopped and thought about the ultimate consequences of their decision to commit a crime.

However, studies paint a different picture. Over the past two decades, 19 states (including Texas and Mississippi) have successfully lowered their prison populations and crime rates by investing in rehabilitative programs for formerly incarcerated individuals and exploring prison alternatives. Research consistently shows that higher incarceration rates do not necessarily correlate with lower violent crime rates.

Louisiana’s history reflects this struggle. Despite decades of adopting a tough-on-crime approach, the state continued to grapple with one of the country’s highest crime rates. Balancing public safety and fiscal responsibility remains a complex challenge for policymakers.

Former Governor John Bel Edwards took a different approach in 2017, working alongside state lawmakers to reduce prison sentences and expand parole and probation opportunities. This bipartisan strategy resulted in significant savings on incarceration expenses over seven years, while also allocating funds toward crime prevention programs and victim services.

However, Governor Landry attributes the spike in violent crime during the COVID-19 pandemic in 2020 and 2021 to Edwards’ criminal justice overhaul. Republicans share concerns about ongoing issues with teenagers in the juvenile justice system, including destruction and escapes from state facilities across Louisiana.

Senator Heather Cloud, a supporter of Landry’s criminal justice package, emphasizes that while discussions often focus on the financial costs of these bills, investing in them ultimately translates to saving lives.

IN CONTRAST, LOOK AT EDWARDS’ APPROACH TO CRIME

Former Governor John Bel Edwards implemented several key strategies that contributed to cost savings in Louisiana’s criminal justice system:

  1. Reduced Prison Sentences:
    • Edwards worked with state lawmakers to shorten prison sentences for certain offenses.
    • By reducing the length of incarceration, the state saved on expenses related to housing, food, and medical care for inmates.
  2. Expanded Parole and Probation Opportunities:
    • The bipartisan approach allowed for more individuals to be eligible for parole and probation.
    • This shift helped decrease the prison population and, consequently, the associated costs.
  3. Investment in Crime Prevention Programs:
    • Instead of solely focusing on punitive measures, Edwards allocated resources to rehabilitative programs.
    • These programs aimed to address the root causes of criminal behavior, reducing recidivism and long-term incarceration costs.
  4. Victim Services:
    • Edwards prioritized funding for victim services, providing support to those affected by crime.
    • By assisting victims, the state aimed to prevent future criminal activity and promote community safety.

Overall, Edwards’ approach emphasized a balance between public safety and fiscal responsibility, resulting in significant savings while maintaining a focus on rehabilitation and prevention.

PHOTO GOES HERE

While Landry has clearly stated and shown his intention to impose harsher penalties, he is also making extensive moves to block prisoners from gathering information to pursue post-conviction relief from their convictions.

Not only is he attempting to shield his office and most state agencies’ records from public inspection, he has made explicit moves to specifically block prisoners from obtaining hidden files, say from prosecutors who may have hidden the information before/during trial, or medical examiners who may have records relating to the case. Another layer of bureaucracy to wade through. An excerpt of the proposed statute is below.

Landry Is Doing ANYTHING to hide his files from public view, and especially from prisoners who they might FREE.

A database created in Louisiana in 2015 to help track the certifications of police officers has failed to keep cops convicted of crimes off police departments in the state. THE APPEAL/INVISIBLE INSTITUTE THE MARSHALL PROJECT IN Context: Police recruiters have a few questions. THE MARSHALL PROJECT

The National Crime Victimization Survey (NCVS), administered by the US Census Bureau under the Department of Commerce, provides valuable insights into criminal victimization. Here are some key points based on the NCVS:

  1. Frequency of Crime Victimization:
  2. Information Collected: For each victimization incident, the NCVS gathers information about:
    • The offender, including age, race, sex, and victim-offender relationship.
    • Characteristics of the crime, such as time and place of occurrence, use of weapons, injuries sustained by the victim, and economic consequences.
    • Whether the crime was reported to the police.
    • Reasons for reporting or not reporting the crime.
    • Victim experiences with the criminal justice system1.
  3. Historical Context:

While the NCVS provides valuable data, it’s essential to recognize that victim preferences and needs can vary significantly. Policymakers must consider a range of perspectives when addressing crime prevention and victim services

Most victims of crime express a desire for fairer penalties rather than excessively harsh ones. While it’s essential to hold offenders accountable, research shows that overly severe punishments may not necessarily enhance public safety or address the needs of victims12. Striking a balance between justice, rehabilitation, and victim support remains a complex challenge for policymakers.

According to REASON.COM:

Two recent reports from the U.S. Sentencing Commission (USSC) shed light on the legal treatment of sex offenders and further undermine the prevailing assumption that all members of that broad class pose similar threats to public safety. That assumption, which underlies both harsh punishments and indiscriminate registration requirements, is demonstrably wrong.

Harsher sentences for those who commit sexual assaults are not the solution to the prevalence of these crimes, according to a paper published in the Southwestern University Law Review.

“While it is more or less assumed that longer sentences mean more justice, the reality is much more complicated and nuanced to the extent that our conception of justice is concerned with effectively preventing sexual harm and holding people accountable for that harm,” wrote Guy Hamilton-Smith, a Legal Fellow at the Sex Offense Litigation and Policy Resource Center at the Mitchell Hamline School of Law.

Louisiana is not alone in efforts to tighten restrictions on prisoners seeking relief from wrongful convictions. New York has recently deprived its prisoners

New York Gov. Kathy Hochul vetoed a bill just before Christmas that would have made it easier for people who have pleaded guilty to crimes to challenge their convictions, Maysoon Kahn reports for the Associated Press. The bill would have expanded the types of evidence that could be considered proof of innocence, including video footage or evidence of someone else confessing to a crime and would have allowed consideration for arguments that a person was coerced into a false guilty plea.

Under existing state law, criminal defendants who plead guilty are usually barred from trying to get their cases reopened based on a new claim of innocence, except in certain circumstances involving new DNA evidence. Prosecutors and advocates for crime victims warned the bill would have opened the floodgates to endless, frivolous legal appeals by the guilty. State Senator Zellnor Myrie, a New York City Democrat who sponsored the bill, said he is considering reintroducing the bill in the next legislative session to give innocent people a “fair chance to reverse a terrible wrong.”

Just because all Americans are supposed to get their day in court doesn’t mean they get justice. But thanks to DNA testing, higher societal awareness and more prosecutorial accountability, the tide is turning from widespread incarceration to freedom and exoneration for wrongly imprisoned persons.

The National Registry of Exonerations found that Texas, despite having some of the toughest laws on crime, led the nation with 363 exonerations in the last 30 years. Other top states based on total numbers of exonerations were Illinois, New York, and California. In Louisiana, which had 63 exonerations in that period, New Orleans is said to be the wrongful conviction capital of the U.S.

Being exonerated of a crime following conviction, of course, does not guarantee that the person will be compensated for all the years stolen from their lives. Louisiana ranks very high in the number of exonerations per 100,000 citizens.  (63)  They also rank very low in cash compensation to wrongfully convicted and exonerated individuals.

In theory, Louisiana provides compensation to exonerees for their wrongful imprisonment. In practice, however, this very seldom happens.

Often, prisoners who are exonerated after DECADES behind bars are never compensated, and sometimes die before ever being understood by the society that wrongfully convicted him/her.

4 eji.org

Louisiana is notorious for this type of action. Failures of the justice system lead to failures of society as a whole. When the system fails, we all fail. When it works, it is often too late.

Political color map of Louisiana, USA federal state. Highly detailed map of Southern American region with territory borders and counties names labeled vector illustration

Are the FEDS in a quandary?

· · Leave a Comment

It WORKS, but are the politicians paying attention?


Mar 24 

Written By William Kissinger

Federal Prisons Are Over Capacity — Yet Efforts to Ease Overcrowding Are Ending.

The Bureau of Prisons’ system is in trouble and needs serious upgrades on several fronts. Incarcerating older adults is very expensive, as they require more medical care, which is especially costly behind bars because prisons have to supply transportation to and security at hospitals. Research suggests that it costs twice as much to keep an older person in prison than a younger one.

The second program is part of the CARES Act, passed in 2020, which addressed issues related to COVID-19. It allowed people to finish their prison sentences at home, to ease overcrowding at the height of the pandemic. But legislation, sponsored by Republican Sen. Marsha Blackburn of Tennessee, could force participants to return to prison. “Now that the COVID-19 emergency is over, the policy is no longer feasible,” Blackburn tweeted on Dec. 3, 2023.

Both liberal and conservative organizations have pushed back against these efforts to send people back to prison, citing data that shows the CARES program poses little public safety risk. According to a statement from President Joe Biden’s office in November 2023, of the more than 13,000 people released to home confinement under the CARES Act, “less than 1% have committed a new offense — mostly for nonviolent, low-level offenses — and all were returned to prison as a result.”

According to the White House, the program has eased the burden on BOP staff and has saved millions of dollars. Those savings could be especially important as the bureau tries to address deteriorating prisons that need expensive maintenance and repairs. The agency’s Office of the Inspector General recently identified unsanitary and potentially unsafe conditions at a federal women’s prison in Florida.

Among other health and safety issues, investigators found rats, moldy food and leaky roofs. “We observed housing areas in which feminine hygiene products were being used to absorb water from leaking windows, an electrical outlet that appeared to have fire damage, a sink that was detached from the wall, and a black substance on walls and ceiling,” investigators wrote. The problems are system-wide. Colette Peters, director of the bureau, told lawmakers in late 2023 that there was a $2 billion backlog for maintenance and repairs.

But over the last decade, the bureau has received an average of roughly $100 million per year for repairs. “As a result, our current infrastructure needs are significant,” Peters said. Failing infrastructure is not the only issue Peters flagged. Despite recent improvements, she said staff recruitment and retention remains a challenge. The New York Times reported on a federal facility in Colorado where staffing was “so low that teachers, case managers, counselors, facilities workers and even secretaries at the complex have been enlisted to serve as corrections officers, despite having only basic security training.”

And The Marshall Project investigated a federal prison in Illinois, where several people died in recent years. One employee at that facility told The QuadCity Times that conditions there “have cultivated an environment with catastrophic potential.” High prisoner-to-staff ratios can have serious consequences. High-profile deaths and injuries in federal prisons, like the stabbing of Derek Chauvin in November 2023, have highlighted the problem.

The inspector general said that short staffing contributed to conditions that allowed Jeffrey Epstein’s suicide in a federal jail in Manhattan in 2019. That jail was ultimately closed in 2021 due to the poor conditions, but its companion facility in Brooklyn has seen similar issues. In January 2024, a federal judge refused to send a man there, citing the inhumane treatment. In a letter to bureau officials in late 2022, Colorado senators wrote about staffing concerns at the federal complex in Florence, southwest of Colorado Springs. The complex includes the only federal Supermax prison, where there were two homicides of incarcerated people and six serious assaults in 2022. In the letter, the senators estimated that the facility was short at least 188 staff members. The dangerous conditions create a downward spiral, leading more staff to leave, the senators argued.

“Fatigue, exhaustion, and low morale have reduced staff productivity and led to more sick leave, retirements, and resignations,” they wrote. Short-staffing also creates a cycle that can make it harder to release people and ease the burden on the system. The First Step Act allows people to earn credits toward early release by participating in educational programming.

But Joe Rojas, a literacy coordinator at the Coleman prison complex in central Florida, told The Bureau of Prisons faces a host of major challenges. Federal prisons are chronically short-staffed, creating dangerous conditions for both the people working there and for those who are incarcerated. The aging buildings need major repairs and maintenance. The bureau estimates its already overcrowded prison population will expand to 10% over capacity in 2024. Despite the grim conditions, two programs — which allow people to live in their communities while serving their sentences if they are not likely to commit new crimes — have ended, or are at risk of ending.

Former BOP staffers and advocates for prisoners’ rights say that could increase the prison population at a time when resources are already strained. The Elderly Offender Program allowed people 60 and older who had served most of their sentences, and were incarcerated for an offense categorized as nonviolent or non-sexual, to be released to home confinement.

It was a pilot program expanded by the First Step Act, which took effect in 2018. The program expired in September 2023. Older people are far less likely to commit another crime after release with community care. This program was rarely operational, because he had to assist with work usually done by correctional officers. “There’s no programming,” Rojas said. “If there’s no programming, you can’t do the First Step Act.”

The White House has threatened to veto any law that sends people who were released under the CARES Act back to prison. In a rare bipartisan effort, Democratic Sen. Dick Durbin of Illinois and Republican Sen. Chuck Grassley of Iowa are co-sponsoring legislation that would revive the defunct Elderly Offenders program for older prisoners. Hugh Hurwitz, the former acting director of the bureau, has said extending the program would make sense. Bureau staff could focus on people most in need of programming and security, “thereby reducing the risk to society,” Hurwitz said. “It will also save taxpayers money by greatly reducing BOP’s medical costs.”