Monday, October 25, 2010

Unforgiven

After paying their debt to society, millions are still branded by their felony records.

Leah Sottile
[Photo: Illustration: Chris Whetzel]
[Photo: Illustration: Chris Whetzel]
[Photo: Illustration: Chris Whetzel]

Some people’s lives change forever in a single moment, and for Carol, it happened 22 years ago. Before she tells her story, she prints a “do not disturb” sign and tapes it to her office door. Her past life still isn’t one she likes many people to know about.

At age 26, Carol was dying. Years of booze and drugs had turned her skin gray. Her bones stuck out from her thin frame. Friend after friend died around her.

And then it happened: She got arrested. A cop pulled her over and found cocaine and a gun in her car. Carol spent the next 30 days in a county jail, sick with drug withdrawal.

“I really believe those people saved my life,” says Carol, now 48. “They really nursed me back to health.”

She ended up in court-ordered rehab in Spokane, and there she began putting her life back together. She wanted to be a better mother. She wanted to go to school. Start a career. Maybe even start her own business.

She studied to be an insurance agent. But when it came time to be certified, Carol’s old arrest popped up.

“I went and took the test and passed it with flying colors. I had a job with an insurance company,” she says. “But after my test results came back, the insurance commission said, ‘We’re not going to give you your license.’”

So Carol decided to go into nursing, and before she started, she told Spokane Community College that she had a criminal record.

“They said it wouldn’t be a problem,” Carol says. “I spent a year and half doing the prerequisites for the program.”

Then she found out that — again — she wouldn’t be able to get a license. A felon can’t be a nurse.

“This is already after I put a year and a half of money into it,” she says. “I started this big circle of chasing my tail.”

Carol may have left her past behind, but it kept coming back to haunt her. It was as if she had been marked with a scarlet letter. Like society had decided that she could not be anything but a felon.

“You keep getting told what you are,” she says. “And what happens is you have this identity of being a felon.”

Her story is hardly unique. From 1970 to 2000, the United States’ rate of incarceration jumped by more than 500 percent. Today 2.3 million people live behind bars, and an estimated 13 million Americans have felony convictions on their records.

While half are violent offenders, half are like Carol — people with drug offenses or property crimes. And long after their sentences are served, debts paid, rehabilitation completed and lessons learned, they’re still branded as felons.

Felons are, perhaps, the last group that can be legally discriminated against: A felony can automatically disqualify someone from a job, from getting a safe place to live, from being eligible to vote. Many felons end up living in poor neighborhoods and raising children in crime-riddled areas — where their children get caught up in the same traps.

Elliott Bronstein, who works with the City of Seattle Office for Civil Rights, says reformed felons like Carol who regret their crimes and want to change can’t. And that’s something everyone should care about, if for no other reason than money: Housing a person in prison for a year costs more than $25,000.

“If we set up a system so that when somebody gets out of jail, it is practically impossible for them to find a place to live or find a job,” Bronstein says, “then that doesn’t just impact them — it impacts me. Because if you can’t find a job and you can’t find a place to live, there’s a chance you’re going to be driven to other measures.”

Todd Clear, one of the nation’s most prominent scholars of criminology, says it is impossible for someone like Carol to get a fresh start. The system is not only set up to make felons fail, but to keep them coming back to prison.

“We want to make it really hard for them to live normal lives,” says Clear, dean of the School of Criminal Justice at Rutgers University. “It’s a completely counterproductive argument.”

But some people, like Carol, never go back to jail. That month behind bars was enough for her.

Yet more than 20 years later, she still lives with the shame of her crime. She feels like a lesser citizen: someone who broke the law. Even today — employed, a homeowner, a grandmother, a college graduate with her criminal record expunged — she worries that her felony will yank the bottom out from under her. For that reason, she asked The Inlander to not publish her last name. She fears she could lose her job.

“How long does a person get to pay for their sin?” she says. “I have paid a desperate price for my sins, and so have my children.

“I am a dirty felon.”

Lock 'Em Up

Since the early 1970s, the number of people behind bars in the United States has exploded. In 2008, one in every 134 Americans went to prison or jail — a rate higher than any other country in the world. Aside from the millions incarcerated, another 5 million people are on probation or parole.

Minorities — particularly African Americans — are even more likely to see the inside of a cell in their lives. Nationally, for every one white person in prison, there are 5.6 blacks. And Washington state’s ratio is even higher: 6.4 blacks for every white person.

The inflated prison population is a direct result of tough-on-crime laws, mandatory sentencing and the War on Drugs. Especially since the 1980s, we have shuttled more and more people into the system.

“What’s happened in the last few decades are two overlapping trends that have made these issues much more significant: tremendous expansion of the prison system and the number of people with felony convictions,” says Marc Mauer, executive director of the Sentencing Project, a D.C.-based nonprofit that advocates for criminal justice reform.

The belief that throwing more people in jail will reduce crime is false, Mauer says. In fact, between 1991 and 1998, the states that put fewer people in jail than the national average experienced a greater decline in crime rates than other states.

“Prison is clearly not the remedy for failure. But we keep using it,” Rutgers’ Todd Clear says. “This religious belief in the value of the taste of prison is not confirmed by evidence.”

The employment restrictions facing felons upon release are complicated and vary from state to state. In Washington state, anyone with a felony drug conviction must wait five years before working with children or with anyone who has a developmental disability. Theft crimes will prevent someone from working with anyone vulnerable, such as people in a nursing home.

Felons cannot work in insurance, hold a position in a labor union, provide health care services for anyone receiving Medicare or work as a pharmacist. In some states, a felony might even prevent someone from becoming a licensed barber. And a drug conviction automatically disqualifies someone from getting government student loans. In Idaho, a woman convicted of a drug offense may be denied welfare benefits for life.

Clear says the multitude of rules and regulations that ex-felons must comply with are also a major reason that American prisons are so overcrowded. It’s not because there’s a glut of offenders — it’s because penalties are harsher and sentences are longer.

Indeed, Clear’s studies show that it isn’t new crimes that usually land someone back in jail — it’s a parole or probation violation. And felons living in poverty — ones without a support system or the cash for a good lawyer — are hit the hardest.

“Most of the people who go back to prison go back for violating rules,” he says. “The size of the prison population is a matter of penal policy. And over the last 36 years, the U.S. has built a policy designed to grow prisons.”

Family Ties

For years, Carol strung together enough money from odd jobs to support her four children. She bagged groceries at Safeway. When that wasn’t enough, she took a second job as a cook at Dolly’s Cafe (a restaurant she would later own).

After her husband died in 1995, she raised her children alone. She feared that they would make the same mistakes that she did.

And in 2001, her fears came true when her youngest daughter, Carrie Collette, robbed a hotel of $200 with a toy gun. She was 14. (She has a different last name than Carol.)

The cycle that Carol’s family was caught in — of crime and poverty — is one that has been studied at length. Clear has written several books about the cyclical nature of crime and poverty, including Imprisoning Communities, which examines the relationship between incarceration and the deterioration of communities and family life.

“By making it such a lifelong debilitating experience, we have sentenced all the children, too,” Clear says. “You produce this cycle of disadvantage. And right in the center of it is imprisonment.

“People who say, ‘Don’t do the crime if you don’t want to do the time … are also saying, ‘Don’t be a child born to [a felon],’” he says.

Carrie Collette is now 23 and wonders constantly if her family’s history will be passed onto her son and infant daughter. Because, today, Collette says, she’s staring down all the same guns that her mother once did. She can’t find a safe place to live. She can’t get a job. No matter how much she tells employers and landlords about her past — about the crime she committed at 14 and the sentence she served — she can’t seem to get a break.

“Simple things everybody should have, you don’t get to have,” she says. “Everyone should have enough bras and underwear and socks to wear a clean pair everyday, but you don’t so your children can have some.”

Collette felt neglected as child when her own mom was struggling to get by. At 14, she was involved with a bad crowd. She craved attention. She tried Ecstasy. And she robbed a hotel.

“My friend said something about ‘I used to work at this hotel and it’d be really easy to go take the money,’” she says. “One thing led to another, and the next thing you know I’m trying to prove myself. I showed them the little handle of my plastic gun and said to give me the money.

“We got like $200 and we spent it on bullshit.”

When she was caught, Collette was sent to Spokane Juvenile Detention Center for several months and later to a group home in Benton County. Because it was her first offense, Collette took a deal to get out early, agreeing to have her felony on her record until she was 28.

“When they offered me that deal — felony on my record forever — I didn’t even think twice about that. That didn’t mean shit to me,” she says. “I’m not even thinking about the consequences of what this title means. I was like, ‘I’m going to come out and rock ass and people are going to love me and I’ll be this great person because this is who I am. It won’t matter.’”

She soon learned otherwise. Collette is studying to become a nurse (just as her mother once did). She knows she can’t get a nursing license as a felon, so she’s hoping to stretch her time in school out past her 28th birthday, when she hopes to expunge her record.

But school is the least of her worries today. She’s more concerned about where she will live in less than a year. Her house — which is owned by her mother — will be bulldozed next summer to make way for the North-South Freeway. And already the burden of finding a safe place to live is weighing on her.

“I’m still going to have to move into a place that’s dangerous for my children,” Collette says. “I should be able to run a home that’s safe for my children. My children now have to grow up around the same things that influenced me to become a felon.

“No matter how hard we tried to reverse the process, we were born into it,” she says. “When [my mom] finally got to a place to better herself and to better her family, she couldn’t save us. And how am I going to find somewhere safe for us?”


Next Page: How even a forgiven drug charge can still haunt you. Plus, the under-appreciated value of a driver’s license.

Continue reading: Page 1 | Page 2 | Page 3 |

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Leah,
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A really fascinating subject, and very well written. BTW, say hello to your uncle, whom I see at the Rocket Market for music and groceries (summertime...love his vintage clothes). This is a very interesting story Leah. There is a man here in Spokane who has a very sad story. Marshall Smith is his name. The Boeing Corporation really did a number on him and he ended up so frustrated that he was branded with the scarlet letter. I myself just defeated County Prosecutor Steve Tucker, who tried to nail me with a felony. My family spent 107 thousand on lawyers and even more on investigations, linguists, literature experts and other costs (almost a quarter million total). We can afford to spend that money, but the point is that the prosecutor did it out of Malice. The judge hinted at that (Judge Moreno), the prosecutor even displayed it for all to see (Dale A. Nagy, deputy prosecutor and mediocre -at best- attorney...after all, I beat him myself and I did one year of Law School at Stanford.) So what we have here in Spokane, is a prosecutor run amok who does political favors for Betsy Cowles and "Smoking Joe Showgun", who is intellectually challenged and politically simple. Shogan comitted perjury twice and Betsy Cowles did it once. But the cop, Detective Corey Turman did it 4 times. WOW!
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SPOKANE WILL VOTE FOR FRANK MALONE !
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The first act Frank Malone should take is to fire 5 attorneys. Nagy being first, as one of those with the lowest winning percentages. Larry Steinmetz is too old and he lost two very important cases (Shonto Pete???) for the public defenders office. There are some very rotten elements here in Denmark/Spokane. It smells like fish when the cops continue to kill and NO LEADERS STAND UP and ask questions. They blindly support the cops like a mother breastfeeding an idiot child. The leadership here needs to do something and correct the cops before they kill more innocent citizens. If the "leaders" do not do this, it is likely the cops will kill more people, partly because they think they are above the law. Steve Tucker never prosecutes cops.... NEVER ! Not even when they are caught on video (OTTO). Finally, the FEDS came to the rescue since Tucker is so ineffectual and effiminate with his own boys in blue.

WE HAVE A HUGE TWO PART PROBLEM IN SPOKANE

1) COPS KILL without reason or remorse. Unaccountable. Tucker sleeps.

2) Leaders who FAIL to lead. (Verner/City Council/Commissioners/ALL)

Does anybody disagree with this ? I just gave you logic, reason and facts. Oct 28, 2010 | Reply to this comment

 

I hate to respond to my own comment...it seems like a verbal form of "Cybil".
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HOWEVER...
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Does anybody care to explain how Spokane voted to re-elect Steve Tucker ?
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I am baffled...but I suppose it goes to the argument that most voters have no clue what happens in their hometown unless the local media makes a stink.
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DEAR "INJUSTICE PROJECT"...would you like an engraved invitation ?
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Does Ted and Jer need a list of all the amazing tales of corruption backed up by facts and credible investigations ? HELLOOOO ?

Tony Bamonte has all the facts. Of course, many in the city and county of Spokane know about this subtle corruption. It involves three main parties.

1) Cowles (media corruption/RPS/Savage)
2) Tucker (legal incompetence/derelection)

3) Local media that fail to expose Cowles
_________________________________________

TED ? Nov 28, 2010

 

PUBLIC SEX OFFENDER REGISTRY DOWN

SHORT LINK TO THE PETITION
http://bit.ly/f7Z4MJ


If anyone you love has had their life train-wrecked by the Public Sex Offender Registry. If you are sick of being shamed, humiliated, degraded and banished from society by the in sanity of the public sex offender registry.. If you cannot afford an attorney to fight for your rights.. at least make an effort to say YOU WILL NOT STAND TO BE HUMILIATED AND DEGRADED LIKE THIS.

Sign this petition.. We will send this petition to Washington... Your Voice can be heard.
You can sign the petition and click the checkbox to allow your signature to remain hidden from public view, if you´d like. Dec 13, 2010 | Reply to this comment

 

Back in the days of yore, one might have to wear that "scarlet letter." Now in our post modern 9/11 early twenty first century days of political correctness, felons get to wear a brand. You see, convicted felons are branded 4 life. Oh yeah, I am one of those. Drug crimes of horrendous personal stupidity. Nothing violent just extremely strung out and stupid. 20 years ago. Today I am happily clean and sober and having been so for eighteen years, four months, and three days today well, I do feel ever so much better now. You see, I must count my days of sobriety from the day I walked out of jail. And you can trust me on this, doing a detox in jail will get your attention like NOTHING else on our planet. However, that experience saved my life and I am not ungrateful. Did every last thing the judge expected of me and when the judge said, "get on with your life and don´t you EVER do it again" well, I said thank you and did as the judge required.
But and however, one carries that ´convicted felon´ badge and it´s not cool. It´s demeaning, it´s cruel and unusual, and merely highlights ALL that any "recovering addict/felon" regrets. The regret is worse than any social stigma and you can trust me on that as well.
After the passage of this much time well, must I still be reminded of my sins? I mean besides the personal reminder I carry with me like that rotting albatross. If it would help, I´d be willing to stand naked in some public square and the citizenry could throw rocks at me. Just let me get on with life. Untainted by nightmare of addiction. Apr 09, 2011 | Reply to this comment

 

We could all feel really bad when a scumbag gets caught being a scumbag and then has to pay for their crimes, but we actually are pleased when they get arrested.

Life is supposed to be tougher for losers and parasites, get used to it. Better yet, stop being a criminal and do not expect the rest of the earth to embrace you, since you are a scumbag. Putting a scumbag in charge of life insurance, medical decisions or in a position where they can rob, steal or thieve or otherwise inflict themselves on the rest of us is a bad idea.

Get used to working at Mcdonalds or mowing yards with the rest of the losers.

I´m sure as always it is someone elses fault you are a loser and they made you hide the gun, use the drugs, rape the girl or kill the guy who offended your doper buddies. After all for a loser to accept responsibility for their actions is just wrong. May 29, 2011 | Reply to this comment

 

So someone important to you spent some time in jail, get over it.nnBy the way, I have two loser friends that worked at McDonalds and two more that that mowed lawns. All four of them left your (scumbag/parasite/loser) tax bracket a long time ago. Mar 31, 2012

 

About four or five months ago I predicted that Obama and the Neo-Communist Democratic Party would start pushing to release felons from prison. Why did I predict this? Because that is what Lenin did when he took power. He released all the prisoners of the Czars. Suddenly, we see a PUSH for prisoner release and a societal forgiveness for our felons and violent offenders.

Everything Obama is doing was done by Lenin and Stalin in Russia. It´s quite easy to predict what he is going to do if you know the history of the Soviet Union and the Russian Revolution. To support Obama and the Democrats is to support your own doom.

You have Van Jones the Green Communist saying our future entrepeneurs and geniuses are in our prison system. You have Obama talking about forgiving this guy and that. You have California releasing 37,000 felons. And here, you have the Communist Rag the Inlander preaching for felons.

Again, I will suggest to you followers of Obama to go pick up some books on Communism so that you too will know what is coming if Obama stays in power.

The Little Black Book of Communism.
The Red Flag
The History of the Soviet Union
The Road To Serfdom

Documentaries: Stalin, Faith of the Century, The Russian Revolution in Color, Trotsky Jun 06, 2011 | Reply to this comment

 

well if obama does lead us into a country of communism, then I say let him lead the way. We have left all these choices up to the "free-world" and look where we are, owned by what we call a third world country. Maybe we need some choices taken out of our hands. BOOM Jun 27, 2011

 

 
 
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