Ferguson Drops Charges Against Man Held at Gunpoint

The city dismissed the five-year-old case against Fred Watson, who was featured in a Justice Department report that criticized the city for targeting African Americans and making unconstitutional arrests.

Fred Watson of Ferguson, Mo., won a small victory in a long battle, the St. Louis Post-Dispatch reports. More than five years have passed since the Navy veteran was held at gunpoint by a Ferguson police officer before being arrested, having his car towed and being jailed.

More than two years have passed since Watson was featured, without being named, in a Justice Department report that blasted police in Ferguson for targeting African Americans, making unconstitutional stops and arrests, and treating the city’s police and court system like an ATM. On Monday, all nine municipal charges against Watson were dropped.

The Ferguson prosecutor did not notify Watson or his lawyers with the nonprofit ArchCity Defenders law firm, and offered no explanation. Prosecutor Lee Clayton Goodman told the Post-Dispatch that Watson’s case fell within the guidelines set out in Ferguson’s consent decree with the Justice Department, in which the city agreed to dismiss certain municipal court cases.

After being charged, Watson lost his security clearance, then his six-figure job with the National Geospatial-Intelligence Agency. The $58,000 he had saved for his first two years of law school has been spent on food and other daily expenses. Watson said he has battled depression and is broke. He has been living out of storage units and sleeping in basements and the back seat of his car. Still pending is a federal lawsuit Watson filed against Officer Eddie Boyd III and Ferguson.

from https://thecrimereport.org

Brown Family Was Paid $1.5 Million in Ferguson Settlement

The amount was concealed when the settlement was announced this week. The city attorney was obliged to disclose the figure in response to an open records request by journalists.

Apollo Carey, the city attorney in Ferguson, Mo., says the city’s insurance company paid $1.5 million to settle a lawsuit filed by the family of Michael Brown, reports the Associated Press. Carey disclosed the amount Friday in in response to an open records request. The settlement of the federal lawsuit was announced Tuesday, but financial details were not released.

Brown was 18, black and unarmed when he was fatally shot by white officer Darren Wilson on Aug. 9, 2014. Wilson was cleared of wrongdoing and resigned in November 2014. Michael Brown Sr. and Lezley McSpadden sued the city, former Police Chief Tom Jackson and Wilson in 2015. They cited a police culture hostile to black residents and claimed Wilson used excessive force.

from https://thecrimereport.org

FBI Report Cites Trend of ‘De-Policing’ by Besieged Cops

The confidential report from April 2016 concluded, “Law enforcement officials believe that defiance and hostility displayed by assailants toward law enforcement appears to be the new norm.”

A confidential FBI study concluded that U.S. law enforcement officers are “de-policing” amid concerns that anti-police defiance fueled in part by movements like Black Lives Matter has become the “new norm,” reports the Washington Times. “Departments — and individual officers — have increasingly made the decision to stop engaging in proactive policing,” said the April 2016 report by the FBI Office of Partner Engagement.

The report, “Assailant Study — Mindsets and Behaviors,” said the social-justice movement sparked by the 2014 shooting death of 18-year-old Michael Brown by an officer in Ferguson, Mo., “made it socially acceptable to challenge and discredit the actions of law enforcement.” The report said, “Nearly every police official interviewed agreed that for the first time, law enforcement not only felt that their national political leaders [publicly] stood against them, but also that the politicians’ words and actions signified that disrespect to law enforcement was acceptable in the aftermath of the Brown shooting.” As a result, “Law enforcement officials believe that defiance and hostility displayed by assailants toward law enforcement appears to be the new norm.”

from https://thecrimereport.org

Criminologist Debunks Spike in Police Killings Since Ferguson

It is “very misleading” for the news media to assert that police slayings of civilians in the U.S. are up since the Michael Brown case in 2014 in Ferguson, Bradley Campbell tells the American Society of Criminology. The average number of police killings nationwide has been steady at about 19 per week before and after Brown’s death.

Despite a widespread impression that the 2014 killing of Michael Brown in Ferguson marked the beginning of a significant increase in fatal killings of U.S. civilians by police officers, there is no proof of such a rise, says criminologist Bradley Campbell. The average number of such shootings around the nation has been steady at about 19 per week since at least May 2013–more than a year before the Ferguson case–through last year, the University of Louisville’s Campbell told the American Society of Criminology Wednesday. The society is holding its annual meeting in New Orleans this week. Campbell acknowledged that data on killings by police are incomplete, noting that compilations by the Washington Post and the Guardian have outpaced those by the federal government. The FBI has announced plans to upgrade the federal database of such incidents.

Campbell relied partly on the website Killedbypolice.net to compile comparative data going back well before the Brown case. Although the Washington Post has reported some short-term rises in police killings, Campbell said a longer look shows that the total fluctuates from month to month. He criticized journalists for asserting an upward trend based on data from very brief periods, calling it “simplistic” and “very misleading.” Campbell also said there is no evidence of a “Ferguson effect” on police shooting totals. That is the label put on a supposed trend that officers are taking more shots at people because criminals are now frequently defying law enforcement. Campbell also expressed doubts about an alternate hypothesis: that many police officers have become less aggressive after intense scrutiny of the Ferguson shooting and others.

from http://thecrimereport.org

Mixed Report on Ferguson Reforms: 76 Tasks to Do

The Justice Department praises the selection of team monitoring reforms after the 2014 shooting of Michael Brown. The lawyer for Ferguson tells federal judge “a lot still needs to be done.”

Ferguson has made progress on reforms prompted by the protests after the 2014 death of Michael Brown, but still has a lot of work to do to keep up with dozens of tasks mandated by a consent decree with the Justice Department, the St. Louis Post-Dispatch reports. “A lot’s been done. A lot still needs to be done,” summarized Jared Hasten, a lawyer for Ferguson. Hasten told U.S. District Judge Catherine Perry yesterday that city officials and employees have been told “what is expected of them.” The team monitoring progress on the compliance will have a day of meetings today in Ferguson.

Christy Lopez of DOJ praised the selection of the monitoring team, telling Perry that it went “much better” in Ferguson than in some cities. She said that the public was highly engaged in the process and team members are highly respected in their fields. Lopez said she has concerns about the city’s work so far. She said Ferguson needs to hire a full-time compliance coordinator to focus on the process, and should ensure that new policies actually comply with the consent decree before they are implemented. Lopez said 76 items are supposed to be completed and verified by an upcoming 180-day deadline. Clark Kent Ervin, leader of the monitoring team called its work “enormously important” and said the team would evaluate and audit the city’s progress, not just verify the implementation of the decree on paper.


from http://thecrimereport.org

In Search of Profits: The Outsourced Prosecutor

Many cash-strapped jurisdictions around the U.S. have established a competitive bidding process for prosecutions. That’s creating a challenge to the fair administration of justice around the U.S., says a Brigham Young University study.

Ferguson Solidarity protest in DC, 2012. Photo by Johnny Silvercloud via Flickr

Ferguson Solidarity protest in DC, 2012. Photo by Johnny Silvercloud via Flickr

A month after the shooting death of Michael Brown, an unarmed African-American youth, by a Ferguson, MO police officer,  the Department of Justice launched an investigation that exposed  the questionable  law enforcement practices of the Ferguson Police Department, highlighting their focus on generating revenue for the city.

However, according to a report by Maybell Romero of J. Reuben Clark Law School at Brigham Young University, this intense scrutiny of Ferguson’s profit-based approach to law enforcement largely ignored the role of Ferguson’s then city prosecutor, Stephanie Karr in these practices.

The study noted that prosecutors like Stephanie Karr are hired “through a competitive bidding process where cost-savings, fine generation, and outbidding competitors are prioritized over other evaluative concerns, submitting a bid in response to a request for proposal (RFP) issued by the jurisdiction in question.”  Such outsourcing sets a dangerous precedent, says the study, entitled, Profit Driven Prosecution and the Competitive Bidding Process, because it focuses a prosecutor’s attention on efficiency and revenue generation, rather than the pursuit of justice.

“The use of outsourced prosecution services, particularly those hired through an RFP/competitive [process] is dangerous, subjecting the hired prosecutors to much of the same political pressure as elected officials while also generating unusual and outsized pressures to prioritize budgets and fine/fee generation,” says the study.

The risks are further precipitated by an apparent lack of public understanding of how criminal justice works on a local—rather than federal or state government—level.

“Even in the recent years during which criminal justice system reform has been discussed by both political liberals and conservatives alike, there is still a general belief that wrongfully prevails—that all prosecutors are elected,” says the study.

In fact, on the local level, prosecutors aren’t elected at all.

In order to help the reader understand the particular risks inherent to hiring prosecutors through RFPs, the study is divided into three major sections.

  • A general perspective showing how the American prosecutor’s role has evolved, including the use of different methods of compensation.
  • An overview of prosecution outsourcing, examining the challenges faced by local governments that encourage privatization as a means of saving costs and generating revenue.
  • An examination of the incentives and disincentives on the part of prosecutors, local governments, mayors, and executives to concern themselves with bottom lines rather than providing services focused on serving justice to the public.

The study, citing examples from Wyoming, Minnesota and Kansas, among others, concludes that further examination of the pitfalls of employing RFPs for prosection in many smaller jurisdictions around the country is necessary if the prospective dangers are to be averted.

It goes on to warn that while the problems that arise from this process may seem far removed from those living in large cities, the recent national demand for a devolution of governmental responsibilities to local governments could  spread the practice more widely.






from http://thecrimereport.org

How to Make Black Lives Matter

Five months before Michael Brown’s death, African-American students at his St. Louis high school gave one educator a striking lesson in the importance of empowering role models. The national debate since then continues to miss the point.

Photo by Gerry Lauzon via FlickR

Photo by Gerry Lauzon via FlickR


In March 2014, I received an urgent e-mail request from a high school teacher in St. Louis, Mo.,  to visit her international literatures course. She wanted me to address a class of juniors and seniors that was comprised mostly of black male students.

“They don’t believe that they have futures,” Ms. R. wrote. Her tone in the message was neither incredulous nor dismissive. Rather, her language exuded a complex modulation of compassion, care and, most of all, concern.

Her sentiments echoed those of Maya, then a rising senior in my university “Politics of Education” course the previous fall.

I recalled the pointed pushback that Maya gave me in her class when I had protested the notion that black youth were hopeless. Her challenge foreshadowed Ms. R.’s invitation.

“But they are worried,” Maya firmly responded, while looking me squarely in my eyes from across the seminar room.

I thought about it. Maya spoke to “what is,” while I was wedded to “what should be.” Her words also suggested that young people nowadays did not need “role models” in their lives. Rather, they would stand to benefit from those of us with resources to listen to them, and to employ our assets in accord with their interests.

My visit to Normandy High School a few weeks later was uplifting, even rejuvenating, for a number of reasons.

First, I was mesmerized by the beauty of the school’s campus; it is nothing short of majestic. At the same time, I was somewhat puzzled by the St. Louis region’s grand investment in the school’s largely black student body, especially given the metropolitan’s peculiar racial past and present.

It then occurred to me: This school was not built for these students, but for the now out-migrated population of white students whose families had left their black neighbors largely red-lined and sequestered.

This observation notwithstanding, the pervasive joy and enthusiasm that I observed throughout my winding tour across the campus en route to Ms. R.’s class reminded me of the disconnect between the lived realities of these students and the popular representations of the same via sound bytes and video clips perpetrated by the mainstream news media.

And, as anticipated by my 30 years of working in schools that were similar to those that I had attended as a child and adolescent—both segregated and sequestered all-black schools and desegregated and diverse schools in the Bay Area of northern California—in Ms. R.’s class, I was met, at once, with words that evinced a sense of joyful intellectualism and curiosity, along with others tempered by informed doubt and suspicion.

The former views were shaped by the students’ implicit embrace of their self-evident capacities; the latter, by their lived experiences as young people who happened to be black, mixed, white, male, female who hailed from various working-class families After a period of a richly—and playfully—informed discussion, I posed a question to the class: “How does one ‘make a way out of no way’ and enjoy the quality of life that he or she desires?”

Answers ensued: “You’ve got to go along to get along”; “You’ve got to play the game”; “You’ve got to pull yourself up by the bootstraps,” to which class members individually responded, both agreeing and disagreeing with different measures.

We were at an impasse when a student, a 12th-grade African American, made the following observation: “We need a cast of characters.”  He  went on to explain that young black people, both back in the day and in the “here and now,” not only survived but flourished by having diverse people in their lives, some emotionally close and others, somewhat removed, who worked in their best interests.

These were people who provided affirmation, pushback, insight, protection, opportunities and other essentials  necessary to assist black youth (especially) to combat the oppressive forces they encounter that too often derail them. These would be folks of different ages and backgrounds who believe in these students and tacitly understand that their lives matter in a world where they do not appear to.

Five months before Michael Brown died at the hands of a police bullet, he was a senior at Normandy High School. Although he was not in Ms. R’s class when I visited, I have wondered since whether he might have been one of those who were similarly pessimistic about their futures. Certainly, in retrospect, the tragedy of this young man seemed to anticipate the mobilization of a youth-led diverse cast of characters that we’ve come to know as “Black Lives Matter .”

Yet, as has been the case with similar casts in the recent and remote past, today’s cast has been met with disapproval and fear-mongering by the political and media elites—an attitude further reinforced by black civic and faith-based leaders whose television and Internet performances seek to persuade black children, youth and adults to comply with their intransigent racialized perspectives..

For example, some national politicians and pundits derisively compare Black Lives Matter to the Black Panther Party, evoking fear among uninformed citizens of an imagined past. Yet, such a comparison should inspire hope across the U.S. in times like these.

For instance, in addition to challenging police brutality, the Black Panther Party launched more than 35 Survival Programs and provided community help, such as education, tuberculosis testing, legal aid, transportation assistance, ambulance service, and the manufacture and distribution of free shoes to those who had previously gone without these resources. Particularly noteworthy note was the Free Breakfast for Children Program that spread to every major American city with a Black Panther Party chapter.

To the chagrin of F.B.I. director J. Edgar Hoover, the U.S. government adopted it as a federal program that has survived into the 21st century.

Further, from the outset of its founding in 1966, the influence of the Black Panther Party assumed a transnational character that went beyond the creation of support groups for the organization. We see similar patterns today, as groups around the world employ as their model Black Lives Matter to mobilize in support of the U.S. group and to address oppressive forces in their own lands.

Garrett Albert Duncan

Garrett Albert Duncan

In short, to paraphrase the poet Kahlil Gibran, Black Lives Matter—like the students in that Normandy High School classroom—may very well be the arrow that flows swift and steady to transform futures in the interests of personal and social justice. And, like Ms. R. and the resourced individuals and groups that support Black Lives Matter, those of us who care for our future, who desire to transform it into one where all lives truly matter, must be the bows that are strong and stable.

Garrett Albert Duncan is Associate Professor of Education in Arts & Sciences at Washington University in St. Louis.  He holds an appointment in African & African-American Studies and courtesy appointments in American Culture Studies and Urban Studies, and is a frequent commentator for national magazines and broadcast outlets. He welcomes comments from readers.




from http://thecrimereport.org