Justice and it's system

I was in court again today, this time with the prosecution.

Before everything got started, the public defender addressed the crowd sitting with me in the gallery, “I am the court appointed defender. I am by myself today so please be patient. Do not worry if we have not spoken yet, I will get to you, and the court will give us time to talk before your case is heard. Though your case may be new to me, I am not new to this, and you will get a good defense.” He looked to be all of 25 years old.

The prosecutor who called me last night, to make sure I was still coming, was nervous. As we waited through the two hour roll call of cases she explained that this was her first theft case. Her bulldog of a partner was not nervous at all but rather in her element.
She rolled her eyes at the defense attorneys, exchanged knowing looks with all the police officers, and whatever she did, she did it abruptly.

The court made myself and all who were to testify in this case leave the room till it was their turn to take the stand. I found myself in a small waiting room with the three cops who caught the guy breaking into my car back in September.
“This guys gonna get off”, said the young, blonde, officer who had originally offered to let me have some “alone time” with the captive in the back of his squad car. “Why”, I responded.

He explained how he had seen it a million times. They catch people and always end up right back on the street for him to pick up again. “That’s why I always tell people that if they catch someone, to handle business themselves. We will say they fell down, or say whatever we have to, but if you want justice you need do it yourself. Besides, this judge is an @#$... they all are; lawyers and all”. At this last remark Officer Ramos looked over at him, then over at the fidgety prosecutor, and suggested, “present company excluded of course.” The blonde guy just stared back silently. “You’re an --- ----,” Ramos finished.

This disillusioned cop reminisced about a poster a Sr. officer once had in his office showing a picture of Commissioner Rizzo and a quote that read “No judge can administer justice as well as the end of a nightstick.” At this all three officers began to tell tales of how they miss the tool they are no longer allowed to carry. One even told of how once, while pursuing a suspect, another officer with one swipe of his wand, shattered both the suspect’s legs.

“Seriously?!” I inquired. “Tell me you have to be absolutely sure you have the right guy before doing something like that.” At this they all laughed out loud. The third officer, who had not previously spoken, told a story of how he had once joined a pursuit while off duty and in civilian clothes. He was ahead of the other cops, who quickly caught and beat him. He told the story while chuckling.
I asked What about catching the wrong guy? I asked if he had ever caught the wrong guy. After looking down at the desk for a moment, as if reflecting, he answered,”no”. He was serious.

The case was tried and the thief was found guilty of attempted theft and reckless conduct (he kicked out the tail light of the car while being arrested). As this was the defendant’s 33rd arrest and fifth conviction, he was given 2 years jail time. He was also ordered to pay restitution. When I asked the experienced lawyer how this restitution thing works she replied, “with this guy, he will probably leave a stolen radio on your porch every other month.” I don’t plan on seeing a dime.

Juvenile Justice

(check out bonobos.com, the newest owners of original dalynart)

I spent most of my day in a court room.
I was there as a character witness for a 16 year old boy who is being tried for assault with a deadly weapon and armed robbery. He was 15 when the crime was committed and the hearing I was attending was a review before a judge to have the defendant passed back down to the juvenile system.

The young man is about 6’2” and 220lbs. He is very dark skinned and usually wears a huge fake diamond in his ear.
I met him when he joined my church a couple years ago. Today was my first time sitting down to have a conversation with his mother.

The judge prefaced the hearing by stating he had never seen a case quite like this. He had before him the contrast of a young man who not only had a spotless record but a pile of letters vouching for him. These letters, the judge noted, were not from the usual suspects; parents and the little old lady next door, but otherwise independent third parties like teachers, coaches, and church leaders. The record and letters were juxtaposed against the evidence and brutality of the crime.

A lonely man was out walking his dog when a group of youth beat him with a 2x4 and stole his cell phone. After tracking the cell phone usage the police found the young man in question with a group of his friends. The victim pointed out the big one with the earring as the wielder of the weapon and the police claim they found the phone in his possession when he was apprehended.

I have a very hard time believing he did it. He has always been polite, quiet, but not in a silent brooding way, and relaxed. He attended church services and youth events on his own. I was tasked with finding his mother to get adult permission for activities and responsibilities. This was always difficult.

I spent some time in the summer working with him on football skills. I had attended Philadelphia public school football games before and was appalled at the low level of coaching. Not that they were bad coaches but more that there were only two of them. When I played and coached there were always around 12 coaches on a high school staff. Two is no where enough to aspire to a mediocre level of play. This kid had the undeveloped size and coordination to be more than impressive. I have some experience and offered to help. He was a tough case. Why?

No aggression.

I attended his games. I went one on one with him over the summer and always the same issue. No aggression. Combine that with size that outpaced his strength, and he had along way to go before the pro’s came calling. He was a bit of a force as a sophomore simply because the other kids had trouble moving someone his size around. But he never initiated anything. He simply lacked energy, strength, and that mean streak that is condoned and even valued on a football field. I considered him someone that could be a prospect on paper if he hit a weight room, but knew that anyone who met him would know he did not have that edge.

The prosecutor mentioned that even after posting bail and being returned to his mother’s care he had 10 absences from school. He even got suspended from school less than ten days before this hearing. His mother almost cried when explaining to me the suspension was only for possessing a hooded sweatshirt which was in violation of the school’s policy. A zero-tolerance policy. The defense read the letters, pointed out his clean record, and was going on when the judge cut him off.

“I know that in our system you are considered innocent till proven guilty, but I am not the judge who will be hearing this case, so I can say this…” The judge began. He then read aloud a statement from the victim who told in broken English how he lives in constant fear and pain. He does not have dental insurance to repair his broken teeth. His face and jaw are a network of wires and he had lost 30 lbs. since the beating. The judge explained that it was obvious to him that the accused showed one face to all the adults he knew and another on the street. He was granting the motion to pass him back to the juvenile system only because he was so young that he may have a chance at being reformed. He stated that the juvenile system was better prepared to work with the young man.

He then finished by stating that the proper place for him was in detention, revoked his bail, and looked him in the eye and asked “how do you sleep at night?”

With that they took him away, still wearing the tie I had just tied for him, and we all left the courtroom. On the way home his mother explained to me that their cousin knows who really did the beating but refused to snitch. She also told me she was giving the defendant’s room to his little brother’s and cousins.

My wife says I should believe the victim and the physical evidence (possession of the victim’s phone). I know that just because I see someone in one light, I should never assume they are not capable of acting differently. I have trouble seeing this docile and amicable boy swinging a piece of lumber at a stranger, not because I think he is nice, but because I have seen him play football.

But I wasn’t there.

I will be there for the trial. I will write another letter, and I will tell what I know about him. I wish I trusted the system. I wish I trusted my own judgment.