New group begins study of solitary confinement at ACI


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Aaron Regunberg
Aaron Regunberg

How many Rhode Island inmates are put in solitary confinement? Why are they there? How long do they stay? “And what do they actually look like,” asked Providence Rep. Aaron Regunberg, chair of a new state commission that will answer these and other important questions about the use of solitary confinement at the ACI.

The new commission met for the first time Thursday, and hopes to answer some of those questions at its next meeting on October 20. From there, the commission plans to take a hard look at psychological effects on inmates, public safety effects on society and fiscal impacts on the state budget.

“Is there room for improvement in how we do things, and if so where” asked Regunberg, “Again I want to stress that as a body we’re not starting out with assumptions. We might find out that everything is as reasonably good as it can be … we might find out there are particular rooms for improvement. We’re going to figure that out as we move forward.”

There seemed to be broad agreement on the commission – comprised of prison and prison guard officials, mental health experts and criminal justice advocates and three legislators – that so-called solitary confinement was something worth studying.

“It goes by a number of different names,” said ACI Director AT Wall, a member of the new commission. “We tend to call it restrictive housing. Restrictive housing has emerged as an issue across the country, an issue in inmate management and it’s one that we think we have to take a look at and we are here in a spirit of collaboration to do just that.”

Even Richard Ferruccio, president of the Rhode Island Brotherhood of Corrections Officers, which expressed strong reservations about reforming solitary confinement practices at legislative hearings last year, was hopeful the commission would prove productive.

“I’m looking forward to seeing what we can do to improve our system,” he said. “I think we already have one the better run systems in the country but if we have an opportunity for improvement or ideas, that’s something we’re always looking forward to.”

Mental health advocates said there are “necessary changes” needed in how the ACI uses solitary confinement.

“I’m very happy that all of these people have convened to make these necessary changes,” said Meg Clingham, director of state Office of Mental Health Advocate. “Many of my clients that are criminally involved and at the ACI find themselves in segregation because they are unable to comport their behavior due to their mental illness so I think it’s really great that we are looking for solutions to this problem.”

This was the first of at least six meetings before the commission offers possible recommendations.

The commission’s mandate from the legislature (H8206) includes a preference for administrative rather than legislative reforms. “There are important stakeholders who have expressed a strong preference for administrative over legislative reform,” according to a power point presentation shown at the commission’s first meeting. “As such, if the commission determines there is room for improvement, our first goal is to identify a set of recommendations that can be implemented administratively.”

 

Elorza says CSA could pass ‘before the end of the year’


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2016-09-28 East Side CSA 001
Martha Yager and Vanessa Flores-Maldonado

Providence Mayor Jorge Elorza attended an East Side forum on the Community Safety Act (CSA), saying that despite some differences, he doesn’t “think it will be a problem getting this done before the end of the year.”

East Side City Councillors Kevin Jackson and Sam Zurier were in attendance. Councillor Seth Yurdin was out of town. While Jackson is fully in support of the CSA, Zurier and Yurdin have both publicly registered doubts.

After Elorza heard the speakers below, he spoke about his own encounters with the police, due to racial profiling. Though in broad agreement with the CSA, Elorza did outline some points of disagreement, including issues around the use of canines in policing, requesting proof of ID from juveniles, a prohibition against photographing juveniles, the eradication of the gang identification database and concerns that a “community safety review board” clashes with the police officers bill of rights.

On the gang database, Elorza believes that there will be a way to make the process more open, so that people will be able to have some measure of oversight. He also feels that there may be ways to craft policies that will satisfy both sides of the issue.

“There are many more places where there is agreement than disagreement,” said Elorza, “and on the areas where there are disagreements, I still remain very hopeful.”

There was little doubt that the community members in attendance were squarely behind the CSA. Nine residents spoke passionately about the need for expanded oversight of the police. Resident Don Baier told a very personal story of when he called the police to help find his sister, who was roaming the streets, delusional. Because of the excellent work of the police, his sister was recovered unharmed and received treatment. Not everybody has such positive interactions with the police, said Baier. He wishes that “every neighborhood could get the same kind of swift, thoughtful action” from the police.

Resident Maureen Reddy is a white East Side resident with a black husband and children, and she is afraid to call the police, for fear that her family might be imperiled. “Both of my children have been hassled by police, repeatedly,” said Reddy. Her son simply assumed that when he left the house, he would be stopped by the police and asked to explain himself. Her daughter was stopped on Benefit St by officers with guns drawn. Had it been her son in that position, she fears he would be dead.

Once a man pulled into Reddy’s driveway and asked her to call the police. Before she did so, she made sure to tell her husband to wait inside the house, so he wouldn’t be a target when the police arrived. Another time, when a woman was yelling in the middle of the night, Reddy did not call the police. Her husband and other neighbors went outside to assist the woman, but before the police arrived, her husband went back into the house. Again, he did not want to be a target of police suspicion, simply because he was black.

Julia Carson is the Principal of Central High School in Providence and an East Side resident. “I am heartbroken when I am ordered, by police officers, to clear the plaza [at Central High school], ‘get the trouble out.’ I don’t know about any of you, but high school was my safe haven growing up. We used to hang out every day after school and I don’t understand why my kids can’t do the same thing.”

Criminal Justice Attorney Annie Voss-Altman cited research that shows that non-whites are more likely to experience the use of non-deadly force in their encounters with police. “Subject compliance didn’t matter,” said Voss-Altman, “across the board, you’re fifty percent more likely to experience the use of force in your encounter with the police is you are black or Hispanic than if you are white or Asian.”

East Side resident Doug Best made the financial case for the CSA. “…the cost of paying settlements for police misconduct,” said Best, is “our major contributor to poor ROI [return on investment].” In other words, when the police mess up, it costs the city money to settle cases.

East Side resident Mark Santow is an American historian provided a historical context for the CSA. Present policing policies in communities of color drive resentment towards the police, said Santow, “and resentment can prevent the type of effective policing needed to keep communities safe and officers safe.”

Libby Edgerly highlighted the positive efforts the Providence Police department has made in addressing some of the concerns presented this evening. Including Mayor Elorza’s recent announcements regarding plans to address concerns about homelessness downtown. “Other notable recent police department initiatives,” said Edgerly, “include requiring police to use department phones, not personal phones, when videoing non-violent demonstrators. Also, supporting a youth basketball group. Also, instituting additional police training on how to work with people suffering mental health disturbances and, finally, choosing not to purchase military equipment offered by the federal government to police departments nationwide.”

The last item generated appreciative applause.

Ondine Sniffin is a resident of the East Side, a Latina, “and I’ve been arrested at a traffic stop… I learned that even though I’m an educated, English speaking U.S. citizen, I can still be mistreated, solely on account of my gender and/or ethnicity.”

East Side resident Sarah Morenon said that having theses practices established as policies is not enough. Policies change and are enforced at the whims of whoever is in charge. “My concern,” said Morenon, “is codifying the desired practices, to put into writing the police behavior guidelines, and get them into law… where subjectivity will not play such a major part.”

“I would like to see the city policy about non-compliance with ICE holds codified,” said Morenon, right ow the policy is “an informal directive.”

Councillor Sam Zurier expressed some doubts about the CSA, and talked about legislation he plans to introduce as a kind of a “stop-gap” measure.

Councillor Kevin Jackson has black sons, and he’s been a stalwart supporter of the CSA.

Moderator Wendy Becker

Martha Yager of the AFSC helped organize the event.

Vanessa Flores-Maldonado is the CSA coordinator.

Elorza’s support for the CSA was clear. Zurier may need more convincing, and Seth Yurdin’s present opinion is unknown.

2016-09-28 East Side CSA 004
Providence City Councillor Kevin Jackson

Political forces align against progressives ahead of primary


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Nicholas Mattiello
Nicholas Mattiello

Two races of special importance to Speaker of the House Nicholas Mattiello are being influenced through mailers sent out by a not-so-mysterious group calling themselves “Progress RI” which is funded by the Rhode Island Brotherhood of Correctional Officers (RIBCO).

As can be seen in the screenshot below, Nicholas Mattiello has made contributions to both Jan Malik and David Coughlin. This is in itself not unusual. Both are loyal members of Mattiello’s base and both received contributions of $1000, the legal limit. Coughlin received contributions in excess of the legal limit, but the extra $500 was refunded, essentially a $500, interest free, three month loan.

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Mattiello awarded Coughlin a second over-the-limit and later-refunded $500 campaign contribution/interest-free loan through his PAC, Fund for a Democratic Leadership, as seen below:

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As Ted Nesi tweeted last evening, the Progress RI PAC, (a name that invokes the Rhode Island Progressives Democrats of America (RIPDA) though they have no affiliation), has reported spending $9,348 on mailers against five candidates, including Jason Knight who is challenging Jan Malik and David Norton who is challenging David Coughlin. All the money for Progress RI comes from RIBCO, to the tune of $9,500.

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Richard Ferruccio is the president of RIBCO, and lobbies extensively at the State House on that union’s behalf, often arguing for tougher sentences and longer periods of incarceration for offenders and against legislation that might reduce sentences.
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RIBCO is a strong supporter of Speaker Mattiello, as seen from this list of campaign contributions:

005There seems an alignment of interests between Ferruccio and Mattiello. Both are working against Knight and Norton and for Malik and Coughlin. The ACI, where most of Ferruccio’s prison guard membership works, is in Mattiello’s district in Cranston.

Richard Ferruccio
Richard Ferruccio

Ferruccio generally opposes changes in the law that lead to early release of prisoners. Mattiello was singularly uninterested in passing Governor Gina Raimondo’s criminal justice reform package of bills, saying “The justice reform package was never a priority for the House. I was never convinced Rhode Island should be a test case for a national model on criminal justice.” Sam Bell suggested that the alignment of interests might be a “thank you” for “killing prison reform” though

Ferruccio did not respond to a phone message left at his office. Following Matt Jerzyk‘s advice on Twitter, I also reached out to Nick Horton at Open Doors, but was unable to connect.

Community groups pressure PVD City Council on Community Safety Act


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Dan and Malcus Mills
Dan and Malcus Mills

Members of the Coalition to Pass the Community Safety Act (CSA) spoke out before Thursday night’s Providence City Council meeting about the importance of empowering local communities on policing.

“Providence needs the Community Safety Act because without it we feel unsafe,” said campaign coordinator Vanessa Flores-Maldonado in a statement. “The Coalition hopes that a public hearing will speak loudly to the need of an ordinance that seeks to hold police accountable when they harass and brutalize our community.

The Coalition, which is comprised of local community organizations and members, had previously submitted a petition on July 1 to have the city council hold a public hearing before going on their August break. However, the 90+ signatures submitted took 3 weeks to verify and no public hearing was scheduled within the 14 days required by the City Charter.

Malcus Mills of DARE (Direct Action for Rights and Equality) introduced three speakers, Dan, representing PrYSM (Providence Youth Student Movement), Wayne Woods of DARE, and Justice, speaking for RI Jobs with Justice.

Dan spoke about the gang database used by the Providence Police Department. If a youth is placed on the gang database list, they have no ability to remove their name or even check to see if their name is on the list. This may result in loss of job and educational opportunities in the future.

Right now, said Dan, the police, “judge people by their appearance, their race, gender etc, and they will say you are guilty… because they think you are part of a gang.”

Wayne Woods spoke of being profiled and pulled over on the East Side of Providence. After being removed from his car, searched, and then waiting for 20 minutes as his car was searched by police, he and his friend, both black men, were sent on their way. The police told the men, “To go home and take it easy.”

If the CSA were passed, said Woods, the car could only have been pulled over for probable cause and the police would have to issue a receipt to people they detain, outlining the conditions of the probable cause.

“A big part of why the CSA needs to be passed is so that we can hold people accountable to what they’re doing,” said Justice, representing Jobs with Justice. “Civil servants and law enforcement should be accountable just like other working people, and we need to be able to protect the people of Providence, we need to be able to protect the youth of color in Providence.”

The Providence Community Safety Act is a city-wide proposed ordinance that aims to hold police accountable and make communities safer. Developed by community members and organizations who are frustrated with police harassment and lack of accountability, the CSA has 12 key points that outline how police officers should interact with community members. These points range from video recording to traffic stops to the gang database.

GoLocalProv misses the point, but good try


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Jason Knight
Jason Knight

Ultimately, the fault is with me, for not being more clear in my writing.

John DeSimone is a lawyer in private practice and he’s House Majority Leader in the RI General Assembly. When he crafts, shapes and votes on legislation, we trust that he will separate his two jobs in his mind. For instance, we trust that he will not allow the fact that he represents restaurant owners who engage in wage theft to shape the way he approaches restaurant and employment law. But in order for voters to be able to judge for themselves whether or not this is happening, they need to understand the kind of cases DeSimone is working on and what side he takes in these cases.

This is partly what I was trying to get at when I wrote about Leader DeSimone’s legal work for Chung Cho, owner of Gourmet Heaven, but there are other distictions to be drawn.

John DeSimone
John DeSimone

When GoLocalProv reporter and editor Kate Nagle read my piece, she was inspired. She attempted on Jason Knight, who is running in the Democratic primary against conservative Democrat Jan Malik in House District 57. (DeSimone, a conservative Democrat, is facing a challenge to his House seat from progressive Marcia Ranglin-Vassell, so the shape of the politics here becomes obvious.) Nagle wrote that Knight, “has represented DUIs, child pornographers, and sex offender clients since starting his own practice.”

Then she wrote, “The relevance of Knight’s practice and other attorneys running for office derives from a new focus on who candidates are representing in their practices. Last week, incumbent House Majority Leader John DeSimone came under fire for his representation of an accused wage-theft client. The criticism  came in part from RI Future‘s Steve Ahlquist, who wrote that voters ‘should know when the people we elect to represent us also defend the monsters who oppress us.’” [spelling corrected]

It’s nice to learn that GoLocal is learning about journalism from closely reading RI Future, but I think they might need a few more lessons. Nagle quotes me in the piece twice, without linking to my writing as I did for her above. (Here’s a handy guide to linking.)

“Voters should know when the people we elect to represent us also defend the monsters who oppress us,” I wrote, “Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.”

Nagle also quoted my tweet about my story, in which I said, ”What attorneys do for their clients should be relevant to how voters perceive their ethical orientation.”

The tweet above was in answer to a criticism from Brandon Bell, director of the RI GOP. Bell tweeted, “As an attorney I am an advocate for client which does not equate with accepting or endorsing client’s alleged wrongdoing.”

In my retort to Bell I was making a subtle distinction. It’s not WHO you represent, it’s WHAT you do for them.

Jason Knight defined the role of a defense attorney very well when he was quoted by Nagle: “…in a criminal case, there’s a judge, a prosecutor and defender, and all three roles need to be done well for a just result. I need a fair judge, and a zealous prosecutor — and a defense attorney who basically keeps the prosecutor honest.”

In my piece about DeSimone, I wrote that DeSimone was not only defending Chung Cho on allegations of wage theft, he was actively helping Cho to sell his business in what the RI Center for Justice called “an attempt to evade liability.” I wrote:

“DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.”

This kind of slick legal maneuvering isn’t about keeping the prosecutors honest or achieving a fair trial, it’s about helping a boss to plead poverty and avoid paying workers who, absent wages, were essentially reduced to slavery conditions.

Rather than creating a list of people who committed terrible crimes and attaching them to DeSimone’s name, as Nagle did in her piece about Knight, I wrote a piece outlining the kind of legal maneuvers DeSimone engaged in to protect a wage thief from having to pay his employees.

Perhaps such legal maneuvering is perfectly legal. Perhaps it’s all in line with the professional ethics of being a lawyer. But is it right? And does it call into question DeSimone’s suitability for the elected position he holds?

I’ll let the voters decide.

More pertinent to the discussion at hand, is this what Nagle was attempting in her piece about Knight?

I’ll let the readers decide.

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Leader DeSimone’s legal skills help wage thief


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John DeSimone
John DeSimone

House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

Gourmet Heaven 010The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

Gourmet Heaven 004GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

DSC_2087-421x600 (1)After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

Patreon

RI state police force gets even whiter


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policing ForumThere are 27 new state police troopers this year and 93% of them are white men. There is only one Hispanic man and only one women among the new officers and not one African American. Given that 85 percent of state troopers are white (187 of 220 officers), Charles P. Wilson, chairman of the National Association of Black Law Enforcement Officers, has a problem with the diversity of the current class.

“We find it woefully disappointing that there was not even one African American included among the recent graduates,” he wrote in a letter to Governor Gina Raimondo about the racial disparity of new state police troopers. “Even more so when considering that, of the original 1,500 people who applied, there must surely have been more than two who were qualified.”

He added, “While it is fully recognized that there is currently a strong disconnect between the law enforcement community and communities of color in all areas of the country, it must also be accepted that this disconnect becomes more stringent when those who are sworn to protect the community do not reflect the makeup of the community.”

Wilson and the National Association of Black Law Enforcement Officers have been imploring Rhode Island police departments to hire more people of color since February of 2015. The Providence Police Department is one of the least racially diverse police departments in the nation, RI Future first reported in December, 2014.

“Research has shown that there appears to be a serious disconnect in the manner by which the recruitment for minority law enforcement candidates is conducted within the State of Rhode Island,” Wilson wrote to Raimondo. “This disconnect includes a seeming lack of consideration for various cultural competencies that may be pertinent and unique to African American society, that are considered anathema to members of the majority culture of law enforcement, as well as the overall lack of sufficient numbers of racially diverse personnel.”

Raimondo agreed with the criticism.

In a statement she said, “I share their disappointment and agree, we need more diversity in law enforcement. It is clear to me that we have more work to do to ensure that our State Police force reflects the diversity of the Rhode Island community. This is a top priority for me. I’ve directed Col. O’Donnell to continually enhance the State Police’s recruitment and training efforts to ensure that future academy graduations reflect a greater level of diversity. It’s our hope that some of our new initiatives, including our State Police Diversity Academy, a free 6 week training program, will help to address this issue. I will hold my team and the State Police accountable for this concerted effort.”

In his letter, Wilson indicated that actions will speak louder than words.

“While my previous conversations on this issue with Colonel Steven O’Donnell have consistently indicated his desire and understanding of the need to embrace a more diverse pool of candidates, it must be recognized that when an agency’s personnel do not adequately reflect the tone and nature of the community it serves, it provides strong indications and perceptions of an unwillingness to address community needs and concerns, racially biased hiring procedures, and a complete lack of connectedness with the community being served,” he wrote, “thus often leading to formal complaints regarding agency practices. It may further indicate that any expressed initiatives towards community policing may be nothing more than “public speak” and have little or no true substance.”

You can read Wilson’s full letter to Governor Raimondo here.

Potential state poet laureate says Providence cop unlawfully arrested him


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Christopher Johnson, performing at AS220's Empire Review. (Photo Steve Ahlquist)
Christopher Johnson, performing at AS220’s Empire Review. (Photo Steve Ahlquist)

Providence poet Christopher Johnson was on the verge of a career capstone this May when he was interviewed by Governor Gina Raimondo’s office for the position of state poet laureate. But that same month he was also arrested by Providence police and charged with assault, resisting arrest and disorderly conduct. He’s concerned the arrest will hurt his chances of being named Rhode Island’s state poet. But the 45-year-old African American artist is even more concerned that his arrest was unlawful and racially motivated.

“I was definitely profiled,” Johnson said. “They had no reason to stop me except because I’m black.”

On May 18, Johnson went out with friends to listen to music in Providence. He was on hiatus from a nationwide spoken word tour about mass incarceration with the Everett Project. He’s recently performed at Trinity Repertory Theater as well as in Cincinnati, Ohio, Sedona, Arizona, Amherst, Massachusetts, among other locales. At about midnight, after what he called a “great evening with friends,” Johnson took the RIPTA bus back to his home in South Providence. That’s when he encountered Providence police officer Matthew Sheridan, whom Johnson said roughed him up – pushing him into a police car hard enough to dent it.

Johnson and a police report agree that he declined to give a police officer his name when asked. They disagree who first became combative.

“He grossly lied,” said Johnson of Sheridan. “That thing is filled with lies,” he said of the police report.

According to Johnson, “Because of the peculiar u-turn the officer made and the present climate of police/citizen relations across the country, I was on guard. I asked the officer why he wanted my name and he firmly made his request again. I told him if he does not give me a reason for the stop I do not have to give him my name. He exited his vehicle and blocked my path to my house. I tried to get around him and he grabbed me. I asked him if he was a public servant and if I was being detained. His reply was, ‘Why you got to go and do that?’ He grabbed me and threw me against the car.”

According to the police report, “in an attempt to check the well-being of the suspect [Sheridan] asked the subject who he was and where he was going. The suspect replied with ‘I don’t gotta tell you shit!’ It was at this time police stepped out of the vehicle and again asked the suspect where he was going the suspect this time pointed over Patrolman Sheridan’s shoulder and stated ‘over there’ Police asked what the exact address was to to which the unidentified male again stated “I don’t gotta tell you shit!” Police then asked the unidentified male to have a seat in the marked cruiser while police figured out where he lived. It was at this time the unidentified male pushed Patrolman Sheridan’s arm away and attempted to overpower Patrolman Sheridan. It was at this point Patrolman Sheridan took hold of the suspects arm and wrist and detained the suspect in the back of the marked cruiser.”

Johnson says he neither swore nor raised a hand to the officer. According to the police report, while being subdued by the officer, Johnson screamed “‘please don’t shoot me GOD don’t shoot me. the white cop is going to shoot me.'”

Providence Public Safety Commissioner Steven Pare said it can be difficult to ascertain exactly what happened after the fact, noting that body cams are ideal for such situations.

“The officer is going to have to articulate to the court why he asked this man his name and where he was going,” he said. “I don’t know what was in the officer’s mind when he asked.”

A person doesn’t necessarily have to give a police officer their name just because asked, according to Pare. But that doesn’t mean the officer can’t ask, even more than once. “A police officer can ask a thousand times,” he said. “You don’t necessarily have to answer. If you don’t answer, fine. But the officer can press. It’s subjective.”

Pare hasn’t discussed the incident with Sheridan because no complaint has been filed. Based on his reading of the incident report, Johnson “certainly had a right to continue on his way,” Pare said.

Johnson said Sheridan denied him that right. “I kept trying to walk past him,” he said.

PrYSM, the Providence Youth Student Movement, a local group that is organizing for Black Lives Matter efforts locally such as passing the Community Safety Act, said Officer Sheridan should be fired because this is the third controversial arrest he’s been involved with. Sheridan has been a Providence police officer since 2014.

“For over a year, we have been getting complaints about the violent behavior of this city employee,” said Steven Dy, organizing director of PrYSM’s Community Defense Project.

Sheridan has been involved in two previous violent and high profile arrests.

Earlier this year, Sheridan was caught on a security camera in a violent melee at a Providence nightclub for which he was disciplined. In that incident, reported by WPRI, discrepancies between Sheridan’s police report and security camera footage presented in court caused the judge to dismiss the charges, pending good behavior.

“He was formally disciplined and he was given retraining,” Pare said.

Sheridan was also on the scene when a woman was repeatedly punched by a Providence police officer recently. Pare said, Sheridan “was a responding officer and his role was minimal and he had no physical interaction with any of the defendants.”

Dy, of PrYSM, said Sheridan has a reputation “for terrorizing people, especially on Broad Street” and said the incident with Johnson was clearly racially-motivated, aggressive policing.

‘The moment they saw him they assumed he was a criminal,” he said. “If it was handled differently, the outcome would have been completely different.

Johnson is eager to put the incident behind him. He said he’s hopeful some good can come out of it. As state poet laureate, he said, he’d like to organize poetry slams with Black Lives Matter activists and police officers. “I’d like to get the police involved in the community,” he said.

Marie Aberger, a spokeswoman for Governor Raimondo, said the governor’s office doesn’t comment on nominees for poet laureate. But she did say an arrest wouldn’t prevent an appointment. “An arrest would not preclude someone from being named to the position,” she said. “We’d look at all the other experiences and qualifications for the position, along with the seriousness of the alleged offense, the circumstances surrounding it, and the outcome.”


Christopher Johnson performing at AS220’s Empire Review (video Steve Ahlquist):

Providence City Council to consider Community Safety Act


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2016-07-21 Pass the CSA 022

A subcommittee of the Providence City Council is slated to consider on September 1 the Community Safety Act – a proposed bill that would make police officers more accountable to the people they detain and reduce racial and other forms of discrimination.

A coalition of community groups called the Step Up Network have launched a campaign to promote the legislation – the group includes DARE, the American Friends Service Committee, Providence Youth Student Movement, the Olneyville Neighborhood Association and the White Noise Collective. On Thursday, a Black Lives Matter action called on the City Council to pass the CSA.

Providence Public Safety Commissioner Steve Pare does not support the Community Safety Act. RI Future has asked for an interview with Mayor Jorge Elorza about it. We will be reaching out to members of the City Council as well.

Click here to read the full text of the proposed Community Safety Act.

Rhode Island’s response to Dallas defines our priorities


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Angel Reyes

At a meeting to plan a Rhode Island response to the killing of Alton Sterling and Philando Castile, the moderator, a black man, made the point that many in his community feel these deaths – of people they don’t know who live far away – as personally and intensely as they feel the death of a cousin or a friend.

“White people,” he said, “don’t understand that.”

This is true. None of us truly understands the day to day prejudice experienced by people of color in our country absent actually experiencing it. This solidarity of experience escapes most, if not all white people in this country. The bond created across time and distance by systemic oppression is intense, and personal.

I can feel some of this. When Trayvon Martin was murdered, he was about my son’s age. They both wore hoodies and both liked Mountain Dew and Skittles. I felt Trayvon Martin’s death acutely, but  my reaction was blunted by my privilege. I didn’t then and don’t now fear for my son’s life the way parents of black children do. My son is white. I have the luxury of keeping my parental fear levels at the lowest setting.

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Steven Paré

“A part of us died last night,” said Providence Public Safety Commissioner Stephen Paré at a press conference Friday afternoon, “when five colleagues in Dallas, were shot and killed.”

Paré can acutely feel the deaths of police officers far away. He sees the police officers killed in Dallas as colleagues, and can certainly imagine the nightmare of losing five officers in Providence.

But the analogy ends there.

When police officers were murdered in Dallas, Governor Gina Raimondo called a press conference of police and community leaders well within 24 hours. Two United States senators offered words of calm and condolence. Flags were ordered to fly at half mast by government order.

No press conferences were planned for Alton Sterling and Philando Castile. It took the death of police officers to do that. That alone signals our priorities as a culture.

Police can call for back up. They can get the National Guard and the full power of the United States military flown in if necessary. Police can attach bombs to robots and kill by remote control if necessary.

The unlimited force and power of the United States can be brought to bear against those who kill police officers, but when it comes to the extra-judicial murders of people of color by police…

… there is no back-up.

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Janelle organized a small protest in Kennedy Plaza Friday morning.
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Thirty feet from the protest PVD Police were arresting a black man.

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This woman berated the protesters. “All lives matter,” she said, “not just black lives.”

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Senator Sheldon Whitehouse was at Governor Gina Raimondo’s press conference.
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Reverends Eugene Dyszlewski and Donald Anderson
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Moira Walsh and son
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Governor Raimondo reiterated her call for the passage of justice reform and gun control legislation.
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Jim Vincent, Kobi Dennis, Jack Reed
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Kobi Dennis

Here’s the full video from the press conference:

Patreon

Video shows PVD police officer repeatedly punching woman


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Providence police are reviewing a video that shows an officer punching a woman in the face several times and dragging her down a flight of stairs by either her hair or the nape of her neck. The incident was first reported by NBC10.

“We are reviewing it,” said Providence Police Commissioner Steven Pare. Police believe the incident in question occurred on May 23, 2016.

Click here to read a redacted copy of a police report pertaining to an incident from that date that appears to coincide with the events seen in the video.

pvd police punchHe said the police department will comment further on the incident after the officers involved are consulted.

Because only a “snippet” of the incident is depicted on video, he cautioned the public not to rush to judgment. “When anyone looks at police use of force it can appear somewhat shocking,” Pare said. “You don’t see what led up to that kind of interaction.”

He said punching a suspect, even repeatedly as is shown in the video, can be appropriate use of force for a police officer. “We suspect the officer was being assaulted in that video,” he said. In the video and the police report, the officer claims he was bitten. “If she is in fact biting him, then that could give justification.”

GoLocalProv, a tabloid-esque local news website, erroneously claims the video is an exclusive. “GoLocal came to us after channel 10,” Pare said. “Channel 10 first gave the video to us at about 2pm.”

Providence cop pulls gun on man outside Burnside Park


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In an incident captured by onlookers and spread on social media, Providence police officer Frank Moody pulled his gun on a man near Burnside Park in downtown Providence Sunday.

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Photo by Artemis Manie Butti Moonhawk.

A group of 10 men were approached by police near the park on Sunday, according to a police report. One of the men, Kenneth L. Newman “approached Ptlm. Moody from his blind side and Newman made several movements toward his hip area, then Newman came within the reactionary gap of Ptlm. Moody made several loud verbal commands for Newman to sit down but [Newman] continued forward in a threatening, offensive posture toward Ptlm. Moody,” according to the police report. “At this time Ptlm. Moody drew his department issued firearm, and using loud verbal commands ordered Newman into a prone position.”

Providence Police Chief Hugh Clements said the reactionary gap is the area of personal space at which a person can come into contact with an officer. He said the suspect had a knife on his person and Officer Moody thought Newman was reaching for it.

“It appears the officer was very justified in pulling his firearm in this instance,” Clements said. “Based on what I know, I think he reacted properly to the threat to him.”

Clements said Providence police investigate every use of force by an officer – and use of force includes brandishing a gun. “If there is more to investigate, they will,” he said. “It doesn’t appear to me this will rise to that level. Only [Moody] and the officers on the scene know the exact totality of the threat to him.”

Clements said it is not uncommon for a Providence police officer to wield their guns. It happened more than 500 times last year, he said. “It happens at every single drug raid, every single gun arrest, every time there is a perceived threat to an officer,” he said. “Because it gets captured by someone on social media doesn’t mean it’s wrong.”

Providence police try to document every incident when an officer pulls their gun on a suspect, but Clements said some officers don’t. “It’s an area that we constantly struggle with making sure that we document,” he said, noting that it happened at least 500 times in 2015.

Clements declined to disclose how many times Officer Moody has pulled out his gun. He said Moody trains other officers in safe use of firearms and is a member of a police department SWAT team, known as the “tactical team” or “special response unit.”

Newman was not charged with a crime.

What can we do about police violence against black people?


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#AltonSterling and #PhilandoCastile are the latest trending hashtags, representing people of color killed by the police on video. If you’re like me, the outpouring of emotion on social media is both cathartic and frustrating. I clicked the “Sad” reaction on Facebook over and over, and then compiled this list for what else to do:

1. Learn the issue.

This is an emotional issue all around. But don’t be that guy who says “cooperate with cops and it’ll be fine,” or “for every suspect killed by police, there’s a police officer killed in the line of duty.” I saw that comment recently, and: NO, wrong! Check on which jobs in the USA are the most deadly, and police officer isn’t even in the top ten. (This is why “Blue Lives Matter” is nonsense.)

Check what the evidence shows, on MappingPoliceViolence.org and more: implicit bias leads police to kill black Americans disproportionately, and they’re only charged with a crime 3 percent of the time. (This disproportionality is why “Black Lives Matter” makes more sense than “All Lives Matter.”)

all houses matter

2. Learn allyship.

This one is mainly for my fellow white people! “Privilege” and “ally” are suddenly trendy buzzwords that I have mixed feelings about. There is a ton to read online, but here’s a handy reminder from Kayla Reed on twitter:

A- Always center the impacted
L- Listen & learn from those who live in the oppression
L- Leverage your privilege
Y- Yield the floor

One little way to Leverage white privilege is to speak up about race to fellow white people, like I’m doing with this blog post.

3. Join SURJ / White Noise Collective.

In addition to your conversations, learn how can white privilege be leveraged collectively. The people of Showing Up For Racial Justice have ideas! The SURJ chapter here in RI is coordinated by the White Noise Collective. Sign up to stay posted on local opportunities for involvement, and maybe I’ll see you at the next demonstration.

4. Join DARE

No, not D.A.R.E. that educates kids about drugs. Rhode Island is the proud home of DARE as in Direct Action for Rights & Equality, which includes a committee on policing and incarceration. If you’re an Eastsider like me, going to DARE might feel a bit odd, but do it anyway. DARE has a track record of real victories for RI social justice.

5. Back the Community Safety Act

First, consider this list of 15 Things Your City Can Do to End Police Brutality. It looks great, but even harder to accomplish than the average “Things You Can Do to Burn Fat” online list. The good news for Rhode Islanders is the pending Community Safety Act for Providence. DARE is part of the coalition promoting this bill. Learn about it so that you can mention it to your City Councilor when you see each other. Speaking of which: do you know who your elected officials are? (Level two: do your elected officials know who you are?) Electoral and legislative work has its limits, but it is absolutely worth paying attention to.

Some people want to be on campaigns and in hearings; some people want to be marching in the streets; both have their place and support each other. You can do some of each, or just find your lane and stay in it. There are lots of ways to do something. Don’t do nothing.

Community supports Benny’s and redemption amid GoLocalProv ‘controversy’


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Sister Mary Pendergast supporting Benny's and Sal
Sister Mary Pendergast supporting Benny’s and Sal

Last week, GoLocalProvidence published an article provocatively entitled: “New Benny’s Ad Features Convicted Murderer”. A more appropriate title would have been “New Benny’s Ad Features Criminal Justice Success Story”. Or “New Benny’s Ad Illustrates the Potential of Nonviolence”.

The controversy about the ad centered on the presence of Sal Montiero Jr., one of a dozen or so Rhode Islanders in the video. Montiero did a relatively long bid at the state prison for second degree murder. Many have objected to his appearance in the ad because of that record.

I teach college courses at the state prison, and I have students like Sal who spend their time while incarcerated getting an education, improving their self-understanding, and trying to equip themselves to be more effective and compassionate human beings once they are released into society. They are there because they have made mistakes, but almost without exception, the students that I have taught in the prison work very hard to become better versions of themselves.

This is no small task, even for those of us who are not incarcerated. It takes courage to face and atone for our mistakes, especially very serious ones that deeply affect the lives of others. Self-improvement is challenging, and getting an education is a long road.

Montiero, by all accounts, is an example of how we want our justice system to work, and an example of someone stepping into his full potential when given a second chance. He was released from prison, is holding down a job, and importantly, that job is teaching nonviolence through the Institute for the Study and Practice of Nonviolence. He is trying to help others avoid making the mistake that he made, and teaching a practice that will benefit everyone. This is important work that our community needs desperately. He took the consequences mandated by the legal system, took advantages of the opportunities for self-improvement within the prison, and has been participating positively in the world since his release.

If our goal is to ultimately have safer, healthier communities that benefit everyone, then we would do well to celebrate, rather than shame, the success stories. Congratulations, Sal. Benny’s, I applaud your inclusivity. You have my business.

At Pulse vigil, RI LGBTQ community confronts intersectionality


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2016-06-13 PVD to Orlando March 15On the steps of the State House, while coming together in solidarity around the terrible tragedy in Orlando at the Pulse nightclub, the LGBTQ community in Providence found itself challenged from within to strive for greater inclusion and a widening of concern for all people, not just the privileged few.

When Joe Wilson, a Trinity Rep actor, took the microphone, he was well received and applauded for his words.

“I am reminded that this movement is composed of many different kinds of people,” said Wilson, “And I am moved by the fact that what happened in Orlando happened on a ‘Latin night.’ Many of the young people in the bar were being outed as a result of being shot at. Being outed as a result of their parents searching for them in both morgues and hospitals. And we have to stop allowing [that] the only way that people of color are being allowed to come out of the closet is after they’re being shot and maimed and abused.”

Wilson also said, “We have to remind ourselves that this movement, this gay equality movement, can’t be a movement exclusively for the privileged… and for my white brethren, I’m going to go there for a moment – It has to be a movement that includes black [and] Latino…

“This movement is about money. This movement is about economic equality. This movement is about jailing folks that don’t need to have these sentences for having a bag of weed.

“Our issues go far beyond marriage… The gay rights movement needs an autopsy… How do we include black? How do we include Latin folks? How do we include the transgendered community? How do we speak intelligently about people using bathrooms?”

It was towards the end of the speaking program that Vanessa Flores-Maldonado spoke. She politely interrupted the proceedings and asked permission to speak. Flores-Maldonado talked about her discomfort at the idea of a greater police presence at the Pride event this Saturday, police added due to heightened concerns after the Pulse shooting in Orlando.

“How am I, a queer person of color, a queer woman of color, supposed to feel safe?” Flores-Maldonado asked, “We need to remember that Stonewall happened because trans-women of color had enough of police riots.”

Flores-Maldonado was not as well received as Wilson. Had she somehow made a point different from Wilson’s? Some in the crowd yelled that Flores-Maldonado should shut up. The organizers of the speaking program seemed concerned about losing control of the crowd. Calling for inclusion was one thing, talking about police violence against LGBTQ persons of color was too much somehow. Mayor Elorza, after all, was standing right there.

Flores-Maldonado’s microphone was cut off. Tensions rose. Flores-Maldonado continued to talk to the crowd without a microphone. Her voice, her lived experience was literally being silenced. Organizers attempted to get the speaking program back on track. It was suggested that she bring her concerns to the mayor’s office. “The mayor doesn’t like me,” said Flores-Maldonado.

The crowd began chanting, “Let her speak! Let her speak!”

Eventually, Flores-Maldonado was given back the microphone. She said, “For those of you who were telling me to shut up, and to have the mic taken away from me, you’re not listening to what I’m saying. What I am saying is that I do not feel safe in my skin color when there are police around.”

Flores-Maldonado was the only woman to speak at the event. Had she not spoken up, no women would have spoken. Her message was no different than Joe Wilson’s. But Flores-Maldonado was challenging privilege in the moment, demanding immediate consideration of her concerns.

“Along with marking where we’ve come we need to mark where we yet need to go,” said Wilson towards the end of his speech.

Flores-Maldonado was talking about the now.

Patreon

Providence holds massive vigil for Orlando shooting victims


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2016-06-13 PVD to Orlando March 13The Vigil for Orlando drew a crowd of anywhere from 600 to 900 people, marching through the streets of Providence from The Dark Lady on Snow Street to the steps of the State House. Holding candles and signs, members of the LGBTQ community, with family friends and allies, sang songs and chatted. The mood was both somber and joyous in turn. As the sun set, the sight of hundreds of candles moving through the city streets was hauntingly beautiful.

On the steps of the State House, speakers, including Mayor Jorge Elorza, spoke of the history of violence against LGBTQ people their long struggle for civil rights, and what needs to be done in the future to prevent these kinds of terrorist hate crimes from taking place.

You can view the entirety of the march here in the video below, as well as listen to all the speakers in the videos that follow the photos.

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Patreon

Artemis Moonhawk, Sarath Suong receive Red Bandana Awards


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2016-06-05 Red Bandana Awards Bill Harley
Bill Harley

Two local organizers, Artemis Moonhawk and Sarath Suong were honored at the Red Bandana Awards held at Nick-A-Nees in Providence Sunday. Music was provided by local virtuoso Chris Monti and the boisterous partying of the Extraordinary Rendition Band. Bill Harley, who heads up the Red Bandana selection committee presented the awards.

Artemis has been a long time advocate for the homeless, spending a large amount of her time and money helping to prepare meals and advocating for homeless rights. She came to the stage surrounded by the people she advocates for. She had invited them to the event to share the award with her and gave everyone who accompanied her a chance to speak if they chose.

Sarath Suong
Sarath Suong

The second award went to Sarath Suong, co-founder and organizer of the Providence Youth Student Movement, (PrYSM). Growing up in a Southeast Asian community in Boston, Suong told the audience that he learned two important lessons from mentors, “One, What’s happened to you and your people and your community is not because it’s your fault. And the second thing they told me is that what’s happening right now and what’s happening in your community, you have the power to change it.”

“I understand my place in this country as a child of war,” said Suong, “When we came here we were sort of a reminder of the Vietnam War, a reminder of a war that the US had lost.”

Suong used his time on stage to advocate for two important projects PrYSM is currently working on. The first one is the Community Safety Act. “We are trying to get passed a city ordinance that will hold the Providence Police Department accountable to the ways that they profile young people, poor people, people of color, queer and trans people… We need more police accountability. We need the police department to get their boots off our necks while we are trying to live.

“We need help,” continued Suong, “For those folks who live on the East Side of Providence or have friends and family or any influence in Providence, please contact Councilpeople [Samuel] Zurier and [Seth] Yurdin. And please urge them to really support the Community Safety Act.”

The second project Suong mentioned was getting the All Students Count Act 2016 (H7235) passed in the State House. “What’s really important for Southeast Asians is that we are lumped into a larger Asian racial category. What that does is erases the real struggles of Southeast Asian young people who will only graduate at 60 percent of the regular rate.”

Here’s a sample of some music from Chris Monti, who opened the show, followed by a song from the Extraordinary Rendition Band, who closed it out. Because of the rain, ERB was forced to perform inside, which is a shame because they are a wild outdoors dance band.

 

 

And here’s the entire awards ceremony, which starts with Bill Harley giving a short biography of journalist and community organizer Richard Walton, and explains why these awards are given in his name.

Artemis Moonhawk (left)
Artemis Moonhawk (left)
Extraordinary Rendition Band
Extraordinary Rendition Band
Chris Monti
Chris Monti

Patreon

Camilo Viveiros, political protest and legal strategies


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powerful poster by Providence artist, Ian Cozzens, 2004
powerful poster by Providence artist, Ian Cozzens, 2004

I didn’t know Camilo Viveiros until some years after he had been acquitted of all charges, after an intense 4 year legal battle, but I continue to be inspired by what he and others have gone through, putting their bodies on the line to protest systematic injustices.

In 2000, at the time working as a low-income tenant organizer in Southeastern Mass, Camilo and other activists went to Philadelphia for the Republican National Convention to protest poverty, the prison industrial complex, and the death penalty. The day he was arrested he was taking part in a march against police brutality, an issue that now, due to the brave actions of black activists and allies, the nation is finally somewhat waking up to, but at the time was still considered very controversial (at least by those who had not seen its effects first hand or with loved ones). Camilo faced spending the rest of his life in prison, charged with felony assaults against the police commissioner of Philadelphia, John Timoney, and accused of using a bicycle as a deadly weapon on a different police officer.

What happened was during a march Camilo was attacked by police, kicked and punched and his head slammed on the sidewalk until he was unconscious, detained and arrested, interrogated for 16 hours, threatened by correctional officers, denied access to medical attention for injuries from police assault, taken to a hospital after 3 days of requesting medical attention where officers (after the threat of a “joy ride” on the way there) were intimidating with Camilo every moment as he told the doctor how he had received the injuries from the police. He was put back in the prison, held in solitary for days, and accused on trumped up charges that would go on to affect the next 4 years of his life and beyond.

As more people increasingly are aware, it is a typical practice for police who commit brutality to charge those they assault with being violent or provoking a response, as a way to flip around the narrative, diminish sympathy for the victim and to cover up their own actions. During the protests hundreds of people were arrested as a part of state suppression of free speech, and while most charges were quickly dropped, others still faced serious charges, with Camilo getting the most severe charges of all the activists. They wanted to make an example of him and others, to other activists or would-be activists, that political dissent would not be tolerated.

But the case became an example of organizing against repression, with lessons learned from community organizing. People from across the country banded together in solidarity with those arrested in Philadelphia, and the groups formed included Love and Resistance in Providence and “Friends of Camilo” groups in Boston, San Francisco and Philly. In Providence, and elsewhere, local gatherings and fundraisers took place in the early 2000’s to help cover legal costs, which for working class people like Camilo were/are entirely unaffordable. Many people took part in the effort and it made an enormous difference in the outcome. A legacy of this community solidarity still exists in Providence, where the supportive social networks of Love and Resistance fueled the founding of groups like Recycle a Bike and Providence Books through Bars.

Thanks to massive grassroots support, after 4 years of fighting, Camilo was finally acquitted of all charges. As for Commissioner Timoney, he went on as a sort of professional crusher of dissent, first to Florida to repress opponents of free trade agreements, and later internationally to places like Bahrain where he was involved in offering strategy to suppress popular protests during the Arab Spring. If you have met Camilo in the past 10 years you may not be aware of this history, he doesn’t often bring it up, choosing instead to focus proactively on the many issues of current injustice. But I can see how he, like others who have been much more egregiously chewed up and spit back out by the “justice” system, still lives with the impact, and will for the rest of his life. I appreciate when now and again Camilo shares reflections from his experience, and that he remains dedicated, continuing as a community organizer and activist despite, and probably partly because of, the hardship he went through. He knows too many have been through much worse. He knows he is fortunate to be free and I can attest he spends every single day (really, 7 days a week) working to advance freedom and equality for those who are suppressed, oppressed, and born into systems of injustice.

I deeply admire all who have taken part in direct action, putting themselves at risk for the common good, an extra challenge in the days before social media when activist actions were much more isolated from public awareness and the lack of smart phones did not provide the security and documentation that today’s activists are able to utilize. And even though it was some years ago, there are many relevant lessons to be learned for current efforts toward social change, including the critical need for organizing beyond activism, and ways to collectively push for systems of inclusive justice that do not oppress us based on race, gender, class, ability, age, geography, language, religion, education, appearance, and on and on…

I hope some local friends can make it to an event tomorrow (Crashing the Party: Political Protest and Legal Strategies, Friday, June 3rd, 5-7pm, IWW Union Hall, 375 Smith St, Providence), thanks to the Rhode Island chapter of the National Lawyers Guild for coordinating this discussion around free speech and protest. There will be a chance to discuss strategy and practice with Kris Hermes who recently wrote a book about the legal collective that helped support many of the arrestees from the 2000 RNC protests, as well as attorneys with the RI National Lawyers Guild who play a critical role in offering support to social justice activists, and Camilo who will share his personal story and reflections. I truly believe in the effectiveness of protests, actions, and organizing. It’s the part they leave out of the history books sometimes, that speaking up for ourselves and for each other creates ripples that make waves that make this world better.

Sheriff shortage affecting trial schedule at Licht Judicial Complex


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“[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial”
– Sixth Amendment

licht court“There is a shortage of sheriffs and it will affect trials in in the Licht Judicial Complex for the foreseeable future,” said Craig Berke, director of Community Outreach & Public Relations for the Rhode Island Judiciary.

Without enough sheriffs to manage defendants and provide security for the jury and witnesses, Judge Alice B Gibney, who manages the trial calendar and assigns judges, has limited “the number of active trials in the building to four.” This way Judge Gibney “can be assured of being able to operate those four trials at maximum efficiency with full coverage by the sheriffs.”

Fifteen judges or magistrates work in the Licht Judicial Complex, where the Superior Court has most of it’s courtrooms. One superior court judge works in the Garrahy Complex. Of those sixteen, eight judges are on the trial calendar.

“Security if the top priority, and the judges can’t sit if we don’t have enough sheriffs,” said Berke.

When not conducting trials, Berke says the judges will be busy with “pretrial conferences” and “they have plenty of decisions to write from cases they have already heard.”

Limiting the number of trials to four, says Berke, “is a better option and less disruptive than trying to run eight trials that may or may not have enough sheriffs on any given day.”

Burke, speaking for Gibney, was adamant that, “so far this has not affected a criminal defendant’s right to a speedy trial. If a bottleneck ensues, civil trials could be postponed in favor of criminal trials, but so far that has not been necessary.”

The number of sheriffs needed for a trial “varies depending on what type of case it is, whether there is a jury, and whether the defendant is in custody or free on bail,” said Berke. “Judge Gibney will not permit judges to take the bench without the requisite number of sheriffs in the courtroom.”

Federal judge orders end to “Prison Gerrymandering” in Cranston school and city council districts


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aclu logoIn a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

Today’s ruling, just the second of its kind in the nation, concluded that the City artificially inflated the population count of Ward 6, where the ACI is located, by treating all incarcerated persons as “residents” of the prison for redistricting purposes. Doing so, said the court, violates the rights of persons residing in other wards to equal representation as required by the Equal Protection Clause of the Constitution.

“I’m thrilled that our fight for equal representation has been successful,” said Karen Davidson, lead plaintiff.  “Fairness in redistricting is a fundamental right and I’m glad that the court has vindicated our claims.”

At issue in the case was the City of Cranston’s choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts.  Plaintiffs argued this “prison gerrymandering” was improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Judge Lagueux agreed with the plaintiffs’ claims, stating that “the ACI’s inmates lack a ‘representational nexus’ with the Cranston City Council and School Committee.” He noted that “Cranston’s elected officials do not campaign or endeavor to represent their ACI constituents,” and pointed out that that the majority of incarcerated persons cannot vote, and those who can are required by law to vote by absentee ballot from their pre-incarceration address.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,500 constituents in each of the other wards.

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber joined the ACLU of Rhode Island as plaintiffs in the case. They were represented in federal court by Demos, the Prison Policy Initiative, the American Civil Liberties Union, and the ACLU of Rhode Island.

“This is a big win for democracy,” said Adam Lioz of Demos, counsel for the plaintiffs.  “Prison gerrymandering distorts representation and should no longer be tolerated.  This decision should pave the way for other courts to address this long-standing problem.”

“We applaud the court’s decision requiring the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island.  “It is time for Cranston to stop holding elections under a one-person, three-quarters of a vote regime.”

“Counting people at the ACI as constituents of Ward 6 officials made no sense,” said Aleks Kajstura of the Prison Policy Initiative.  “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools.  And, even those who can vote must do so from their actual legal residence, not the prison location.”

“This ruling means that Cranston can no longer play games with our democracy by artificially inflating the political power of one district over another. People who are incarcerated should be counted as residents of the districts where they lived, not as so-called ‘residents’ of where they are involuntarily confined,” said Sean Young, staff attorney with the ACLU’s Voting Rights Project.

ACLU of RI volunteer attorney Lynette Labinger added: “The ACLU first urged the City to redraw its district lines four years ago in order to protect the rights of voters in the City’s five other wards. I am gratified that they should soon have their voices heard in equal measure with those in Ward 6.”

The case is Davidson et. al. v. City of Cranston.  Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here.  Judge Lagueux’s ruling is here.

[From a press release]


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