Author Archives: JustJust

Rob Card: “Broome County Is Killing Me”

March 12, 2019 By Bill Martin

It has become far too common:  another person denied medical care at the Broome County Jail, and this time with gruesome and deadly consequences.  Today’s epitaph is written for Rob Card, a local carpenter, artist, and family man who was sent to the jail for violating probation on a minor drug charge. At the time of his arrest on January 8th, he was being treated for a brain tumor and seizures, a fact known to the local police and court authorities.

Rather than getting the treatment he needed, his only relief at the jail was Tylenol. His condition quickly worsened, and as he had difficulty walking and clothing himself, he fell multiple times. In desperation Rob called his family and said “Broome County jail is killing me.” In this history repeats itself:  in 2015 Salladin Barton told his family ““The guards are going to kill me. You got to get me out of here.”  Sal, as friends and family remember him, died shortly thereafter.

Is this why such mystery surrounds Rob Card’s death? After Rob suffered a stroke and was near death in the jail, unknown local authorities—presumably a judge, a court appointed lawyer, and the district attorney, all without notifying his family–arranged for him to be released from custody.  He was reportedly carried out of the jail in a comatose state on January 20th, only to be kept on life support so he could donate his organs. He was declared dead on January 22nd,  a death neatly hidden from public view.

His family and friends are outraged. In less than 24 hours over 400 persons signed a petition this week asking for answers:

  • Why did Rob need to be incarcerated?
  • Why did he receive no treatment for his brain tumor and seizures?
  • What lawyers and court officers directed his release in a comatose state?

Robert Card’s death was the ninth at our county jail since 2011 that we know of, a rate far above state and national norms.  In 2014 our jail’s private medical provider was indicted and fined by the State Office of the Attorney General. Hundreds of medical and abuse grievances go unanswered in system indicted by our own State Comptroller.  Community groups, especially Justice and Unity for the Southern Tier and Truth Pharm, have for many years now presented evidence of abuse and medical malfeasance to county officials.

And in face of all this, and a long-term falling crime rate, the county has bluntly accelerated the use of the jail as a depository for the poor who can’t afford bail, far too many Black residents, and those with substance use disorders and health problems of all kinds.  Every year the county legislature has expanded the local jail force and the district attorney’s budget, while cutting local health resources.  Over 75% of those in the jail have health issues, particularly substance use disorders, for which there is almost no long-term local treatment.  And too much of our short-term treatment is tied to the police and the courts, where criminal rather than medical procedures insure lapses in recovery and a constant cycling of persons in and out of jail.

We must do better. Why do we criminalize and incarcerate and harm so many, at so high a moral (and financial) cost?  County officials, the Sheriff, and the courts owe Robert Card’s family, and all of us, an answer.

[Submitted on Feb 25th as a commentary to the Binghamton Press & Sun-Bulletin–and rejected]

http://www.justtalk.blog/index.php/2019/03/12/broome-county-is-killing-me/

The Bridge: Rough and Tough is Not Justice

Rough and Tough is not Justice

By

Rough and Tough is not Justice.  The Press & Sun Bulletin ignored this letter a year ago and again now, so if a resident of Broome County attends a Public Safety legislative committee meeting, they are not allowed to speak. So what is John Q. Public to do?

Everyone can agree that someone who commits a crime should take responsibility for their actions and be accountable.  But does accountable mean inhumane and demeaning treatment especially when you have not been convicted.  Committing a crime does not mean everyone in the jail is violent.  You know the saying, “to a man with a hammer, everything looks like a nail.” …

According to civilrights.findlaw.com, even the most chronic or hardened inmates have basic rights that are protected by the U.S. Constitution. If you are facing incarceration, or if you have a family member or friend who is in prison or jail, you should know about inmates’ rights.

The rights of inmates include the following:

  • The right to humane facilities and conditions
  • The right to be free from sexual crimes
  • The right to be free from racial segregation
  • The right to express condition complaints
  • The right to assert their rights under the Americans with Disabilities Act
  • The right to medical care and attention as needed
  • The right to appropriate mental health care
  • The right to a hearing if they are to be moved to a mental health facility

So what is the problem? a separate police kingdom within the county with lack of public oversight.  You can try to bluff the public just so long.  You can continue to pander to discrimination, prejudice, abuse and stigma or you can take the blinders off.  There are serious injustices occurring locally.  Just mentioning that can bring retribution against all inmates because the powers that be want to maintain secrecy.  There was another death at the jail a few weeks ago and inmates were told not to talk about it to visitors.

There is a County Criminal Justice Advisory Board but there is a token “public” member and no one knows when or how often it meets.  There needs to be more diversity of membership and accountability for the county correctional facility.

Fear and retribution should not be the mandate at the jail.  Instead there should be basic human decency.

 

Who Wrote Rob Card’s Death Sentence at the BC Jail?

Yet another grievous death at the BC Jail.

Demand more answers: sign the petition!

Stay tuned here for more action updates in the coming days.

On January 8th, Robert Card entered the Broome County Jail in handcuffs on a probation violation stemming from low-level charges. Less than 13 days later, he was secretly removed unconscious on a stretcher. Rob, a 48-year-old Broome County resident, father, brother, son, and friend was being treated for a brain tumor before incarceration, a condition known to the probation and jail officials. While incarcerated he was given only aspirin and denied further treatment even as he experienced seizures, repeated falls, and began losing the ability to walk. After a stroke cut off oxygen to his brain—rendering him brain dead—he was mysteriously released from custody and transferred to a hospital. Let’s be clear: Rob died due to the Broome County jail and its private medical provider—CMC— neglectful treatment and disregard for his medical condition.

This is the ninth death at the Broome County Jail since 2011, giving Broome County a jail death rate 43% higher than the national jail mortality rate. 80% of US jails do not report a single death in any given year. Medical neglect and abuse are rampant in the Broome County Jail, despite local and state officials ignoring extensive documentation and protest by community organizations including Justice and Unity for the Southern Tier, Truth Pharm, and Progressive Leaders of Tomorrow.

A fuller account is available here: Who Wrote Rob Card

New estimates on cost of new jails outside NYC 2001-2019

The New York State Commission on Correction, appointed by the Governor, oversees county jails (as well as prisons) and has for decades demanded counties build larger and newer jails.  The total amount spent and coming online as of January 2019 is over $700 million outside NY City, $11-20 billion for new jails planned in NY City, and roughly $500 million for new youth jails coming online with the Raise the Age “reform” legislation. The table attached here estimates costs outside NYC under Governor Cuomo’s watch.

New York State Jail Growth Outside NYC 2011-2019Download

Cortland Meets on Alternatives to the Jail

from the Cortland Voice

Cortland forum explores alternatives to incarceration

Featured, News, Public Safety
November 15, 2018
by Sara S.

CORTLAND, N.Y. — Over two dozen people gathered at the Cortland Community Center on Wednesday evening to discuss alternative options to incarceration as the county weighs its options for a possible future new public safety complex. The overwhelming sentiment from community members—ranging from concerned citizens to county legislators—is how to efficiently and appropriately incarcerate fewer people while maintaining public safety.

Mechthild Nagel, chair of the United Voices of Cortland community group, invited the Vera Institute of Justice, a NYC-based non-profit that researches criminal justice policy and incarceration trends, to host a forum so community stakeholders could voice their opinions and ask questions concerning Cortland’s current and future criminal justice needs and how to identify areas for reform.

Insha Rahman, who leads Vera’s work on bail reform, pretrial justice, and jail reduction in New York, outlined the major questions that need to be answered in order to assess Cortland County’s needs: How is the system working from the time of arrest to the time of arraignment (who is coming in and how long are they staying)? What percentage of inmates can’t afford bail? What services and resources are available in Cortland to individuals during and after incarceration?

Rahman led the forum by pointing out that statewide data reflects that two-thirds of anyone who is in jail in New York state is in jail in the 57 counties outside of New York City. And although there’s been a huge decline in the number of people in jail statewide along with a decline in crime rates, upstate counties, Cortland County, specifically, have seen a quiet boom in incarceration (while arrest rates are flat).

Furthermore, according to data from 2016, over fifty percent of the inmates in Cortland County’s jail are comprised of non-violent offenders.

Many of the concerns voiced by community members centered on how to provide drug addiction treatment to incarcerated individuals, especially in a county that is facing a burgeoning opioid epidemic. Rahman cited a study on Medication-Assisted Treatment (MAT) that was brought into jails to treat inmates with substance abuse disorders and its positive effect on reducing drug addiction rates. Others questioned how to improve jail conditions while being mindful of costs to the taxpayer. The county’s current boarding-out costs are over $400,000 a year. Some pointed out the shortage of behavioral health specialists in the county and the need to recruit and retain social workers.

“I want to remind everybody,” Rahman stated as she opened the floor to questions and concerns. “It’s not just about the jail, but it’s really about the larger delivery of justice here in this county.”

Some of the ideas proffered by Rahman were to contact local and state legislators to advocate for criminal justice policy changes; the creation of a Law Enforcement Assisted Diversion (LEAD) team to redirect low-level offenders into social services and treatment; at the police station, giving police officers more discretion in giving Desk Appearance Tickets (DAT) requiring defendants to appear in court at a later date instead of incarceration; providing training to judges about expanding available sentencing options; facilitating faster case processing by creating hub courts that meet more often; making sure lawyers and defense counselors appear at a defendant’s first appearance before a judge; and sentencing offenders to probation or community-based programs.

The Vera Institute for Justice will visit Cortland on several occasions in the upcoming months to analyze data and, coupled with their meetings with law enforcement and community members, provide recommendations for areas of reform for the county.

A public meeting will be held at 7 p.m. at the Cortland Community Center on Thursday, Nov. 15, to present data.

Local elections: who calls for Justice?

Elections November 2018
Who Calls for Justice?
Justice and Unity for the Southern Tier

Justice and Unity for the Southern Tier (JUST) is a non-partisan community group.  We don’t endorse candidates.  Yet we would be negligent if we did not highlight electoral races where issues of justice appear most seriously.  In some key cases there are no contests this November.  State Senator Akshar most notably stands unopposed. He has consistently opposed criminal justice reform and advanced greater funding of local jails, policing, and the criminalization of poor and Black populations.

There are however two contested races of note in our local area.

Sheriff’s race:  David Harder (R) vs. Matt Ryan (Working Families)

As we have often noted and protested, the county jail is a site of medical abuse, excessive death, racial inequities, and a massive drain on the county budget.  Sheriff Harder rejects these charges as can be seen in campaign statements and interviews.  Matt Ryan, the previous mayor of Binghamton, promises in his statements to change the administration of the jail, its medical services, and support substantive alternatives in the community for those with mental health and substance use disorders.  There is clear marked contrast in this race.

Governor’s race:  Andrew Cuomo (D) vs. Marc Molinaro (R) vs. Larry Sharpe (Libertarian) vs. Howie Hawkins (Green)

Many advocates for criminal justice reform have been deeply disappointed by the lack of support from Governor Cuomo and the stifling of reform bills through the Governor’s relations with conservative State Senators.  Republican Marc Molinaro would impose even harsher penalties and parole than exist today, and accelerate mass incarceration.  Libertarian candidate Larry Sharpe supports shrinking the carceral state and expanded social services on fiscal grounds, and for similar reasons supports the use of yet more e-shackles.  Green candidate Howie Hawkins offers a contrast, with carefully considered positions on bail, speedy trial, parole and related key reform measures.  He has made these signature items in his campaign, including his statements during his appearance in Binghamton.

Parolees can Vote!

After some agitating by JUST members, the Broome County Board of Elections has now posted a note on its website  noting that parolees with new pardons by the Governor can vote.  Many County Boards of Election across the state incorrectly state that those convicted of felonies cannot vote while on parole.  This is untrue, and is repeated on the local newspaper’s guide to how to register to vote. Persons on parole in NY State should have received notes from their parole officers on how to re-register to vote if they are among the 24,000+ persons now permitted to vote. See this link for how to do this.  Some surrounding County Board of Elections still state on their websites that anyone on parole cannot vote (e.g. Tompkins County, which incorrectly states “You may not register or vote if you have been convicted of a felony and : you are currently incarcerated; or you are under parole supervision.”  http://tompkinscountyny.gov/boe/For_Voters/How_to_Register/Index_How_Do_I_Register).  We need more work on this.

JUST comments on Broome County 2019 Budget

Several JUST members spoke up at the October 11th public hearings on the Broome County’s proposed 2019 budget: Kevin Revier tackled the mis-allocations and poor policies re substance use disorders, Rozann Greco lambasted the cuts in health and human services, and Bill Martin attacked the county exec’s proposed budget as a mass incarceration, mass policing budget. The cost of the jail alone has accelerated continuously as can be seen in the figure below.  Bill Martin’s comments are here: Build it and they will pay

Rally vs. BPD violence Aug 17

On the afternoon of Saturday, August 11th, at the corner of Laurel Ave and Schubert St (Between Rec Park and Horace Mann Elementary School), several white police officers stopped and detained two young Black teenagers.

A 13-year-old girl was a placed in handcuffs, with witnesses at the scene describing officers forcefully lifting her off the ground after she was restrained. She was accused of spray painting a nearby wall. The girl was in distress, which prompted multiple residents to stop and document the interaction. She was later released to her parent after spending nearly a half hour in handcuffs.

A 14-year-old boy with developmental disabilities was also inexplicably stopped, searched, and taken into custody while observing the event. He was pinned down by three officers before being handcuffed and locked in a police van, where he repeatedly banged his head on a security panel as officers stood by.

Additional officers arrived on the scene, escalating the situation with the children and frightened witnesses observing the incident.

A first-hand account of the incident can be found here: https://www.facebook.com/permalink.php?story_fbid=10212830878591140&id=1364063380 

video is here: https://facebook.com/BingPLOT/videos/2060104890689388/

A community rally demanding justice for these two children abused and assaulted by Binghamton Police was held on Aug 17th at 5:45pm at 104 Laurel Ave.

[Details and updates from the PLOT facebook page]

PLOT (August 16)  demands and Media Advisory:

August 16, 2018

MEDIA ADVISORY 

 

BINGHAMTON, NY — On the afternoon of Saturday, August 11th, in the parking lot of Horace Mann Elementary School (on the corner of Laurel Ave and Schubert St), several white Binghamton Police officers confronted and detained two Black children, arresting one. A handful of concerned residents and bystanders stopped to document the interaction.

One of the children, a 13-year-old girl, was handcuffed for allegedly spray painting a nearby wall. While restrained, the child exhibited signs of distress—crying for her parents and shrieking in pain. The child was eventually released from police custody upon her parent’s arrival, after having spent nearly half an hour in handcuffs.

The second child, a 14-year-old boy with various cognitive and developmental disabilities, was inexplicably stopped, detained, and searched twice while witnessing the event. He was eventually pinned down by three officers, handcuffed, and confined to a mobile police unit—where he proceeded to bash his head on a security panel without intervention.

Throughout this ordeal, Binghamton Police officers repeatedly harassed and intimidated onlookers documenting the incident.

The highly disturbing use of force and escalation on the part of Binghamton Police officers to restrain and detain children has led concerned community members to gather in protest. We will convene Friday, August 17th, to demand justice for the trauma imposed upon the two children. In response to the officers’ failure to conduct themselves appropriately after having been made aware of the age and mental state of the children—in addition to the unnecessary provocation of children and bystanders alike—we issue the following demands:

  1. Immediate termination of all officers involved in the 8/11/18 incident in the Horace Mann Elementary School parking lot in Binghamton
  2. Immediate implementation of a Civilian Police Review Board with subpoena power, to allow community members to hold law enforcement officials accountable when they commit crimes against residents
  3. Immediate compensation from the City of Binghamton Bureau of Police to the families of the two children involved in the 8/11/18 incident, for counseling and mental health services and related expenses
  4. Timely and transparent public access to statistical demographics and data collection on ALL vehicle and pedestrian stops in the City of Binghamton
  5. Adjunct De-Escalation and Disability Awareness & Intervention Training for Binghamton Police officers who engage with the public

In addition to these demands, PLOT (@BingPLOT) is releasing video documentation of Saturday’s incident to the public, and will be hosting a public meeting and Bystander Intervention Training, Monday August 27, 6pm to 8:30pm, at United Presbyterian Church, 42 Chenango St, Binghamton.

a few pictures of the rally:

Regional Workshop Sept 15

On Saturday September 15th JUST will be hosting a regional conference on decarceration and countering “carceral humanism”.

The schedule and agenda are below, and a flyer with this information is A  is attached here: Workshop Agenda Draft Aug 21. Background readings are here.

Closing Jails and Countering “Carceral Humanism
Decarcerate Upstate Regional Meeting
September 15, 2108

Location:  Southern Tier Independence Center
135 E. Frederick St, Binghamton NY

Those of us working in the Southern Tier and beyond are encouraged by a growing movement to stem mass incarceration in our areas.  It is surprising how much is being done, in very new ways, and through new community organizations.

At the same our very success generated alternatives to incarceration that pose deep and unexpected new problems:  mental health and substance use disorder treatment and funding, for example, is being channeled by Sheriffs and Albany into our jails, while new forms of control by the police, courts, and probation, youth, and parole programs have widened the carceral net outside our jails and prisons—often pulling in service providers and community groups.

On Saturday September 15th Justice and Unity for the Southern Tier (JUST) will be hosting a regional conference to pull together our knowledge on these challenges and forge new paths to end mass incarceration while countering these new forms of “carceral humanism”.

Please join us.  The event is open to the public. If you are interested in participating in a particular workshop let us know. Also please rsvp so we an plan lunch.  And if you need translation or related services tell us (we will provide these as far as our resources permit).  Contact us at: justice.southern.tier@gmail.com

An agenda is below. It will be adjusted as participants are confirmed.

Closing Jails and Countering “Carceral Humanism”
Decarcerate Upstate Regional Meeting
September 15, 2018

11:00am

Welcome: Sue Ruff, Advocacy Director STIC
Introductions: Personal and Group Opening Remarks:  Justice Alternatives—and Countering “Carceral Humanism” Andy Pragacz

11: 30-12:15 No More Jails

Evolving local strategies in the battle against jail expansions and modernizations.

Chairs: Jack Norton and Andy Pragacz

Lead Participants (5 min presentations): representatives from JUST, Decarcerate Tompkins County, United Voices of Cortland, Vera, and…

 12:15-1:00 Bail, Court Watch and Oversight Work

What works upstate? Lessons from ongoing bail and court watch work, working with judges, DAs, courts, community and New York City organizations.

Chairs: Joey Cardamone, Citizen Action

Lead Participants (5 min presentations): Tina Chronopoulos, Bobby Black, Citizen Action, Joey Cardamone, Barrie Gewanter, Zhana Kurti, and…

 1:00-1:45: Lunch

 1:45-3:00pm Community Health vs. Incarceration

Expanding health, substance use disorder, and disability services in the community—and countering efforts to centralize health and treatment services in jails, police, and courts

Chair: Kevin Revier, Sue Ruff

Lead Participants (5 min presentations): Sue Ruff, Alexis Pleus (TruthPharm), Kevin Revier, Decarcerate Tompkins County, and United Voice of Cortland representatives, and…

3:00-3:15:  Break 

3:15-4:00:  Inside/Out:  Supporting the Incarcerated and those Coming Home

Creating and sustaining community support for those incarcerated, their families, and those coming home—as opposed to state-, police- and court-controlled programs.

Chairs: Bryce Lawson, Jessica Farrell

Lead Participants (5 min presentations):  Rozann Greco, Bryce Lawson, Tinamarie Gunther, Jessica Farrell (Mental Health Justice Project (Delaware & Otsego Counties)), and…

4:00-4:30:  Roundtable: Organizing an Agenda and Alliances for the Coming year

Lessons from working with Albany and state-wide organizations, and setting priorities from the day’s discussions

Chairs: Bill Martin, Mardi Crawford

 

The workshop will be held at the Southern Tier Independence Center, 135 E Frederick St, Binghamton, NY 13904 (back door entrance on Grant street). It will be adjusted as regional participants suggest changes and participants are confirmed.