Monday, October 25, 2010

Unforgiven

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

Leah Sottile

“These same parents have to go to work to buy the diapers and the food, so they drive, they get pulled over,” Pritchard says. “Sometimes they get their car impounded, sometimes they’re arrested. They go to jail. They lose their job. They lose their car. They can’t pay their rent that month so they get evicted and it leads to homelessness. And they have to start all over again.

“It’s this huge circle,” she says. “It’s a war against the poor.”

For years, Sumner and his family lived in a shack in Deer Park with no electricity, no heat and no water. He moved his family out to a slice of land in Nine Mile Falls so they could at least have a small farm. And electricity.

The farm doesn’t make much money, though. Sumner buys calves when they are young and feeds them until they get big — then he sells them again. He’ll buy hay and pick up all the discarded produce from Second Harvest Food Bank (where Sumner occasionally volunteers) to use as feed.

Watching as her husband dumps a sack of potatoes in the cow pasture, Angee Sumner says living out here on the farm isn’t her ideal life. But it’s the only thing that makes her husband happy.

“It’s his sanctuary,” she says. “To see him go back to work would make him feel a whole lot better and be a better person — just to be able to do the things that men can do.

“One way or another — he doesn’t care if he has to flip burgers.”

With his $20,000 in LFOs in collections, it’s likely that Sumner will never pay them off.

His predicament has been a common one. Last month, the American Civil Liberties Union released a report titled, “In for a Penny: The Rise of America’s New Debtors’ Prisons (pdf).” In it, the ACLU examines how “insidious penalties and aggressive collections schemes ... keep [defendants] ensnared in the criminal justice system for decades.”

In some places, outstanding court fees — like Sumner’s — would be enough to keep throwing someone in jail. That was true in Spokane County until earlier this year. The ACLU’s report tells the story of James Nason, a Spokane man who spent 30 days in jail in 1999 for second-degree burglary and was assessed $750 in LFOs. Over the next few years, Nason made sporadic payments. But it wasn’t enough. In 2006, he was arrested under the county’s “auto-jail” policy — which hauled defendants back to jail if they weren’t paying.

At that point, Nason’s debt had more than doubled because of interest tacked on over time.

Nason’s case went to the Washington State Supreme Court and in June of this year, Nason won. The auto-jail policy violated Nason’s right to due process, the court held, by requiring him to return to jail without first assessing his ability to pay.

Prosecutors argued that Nason — then unemployed and living in his car — could have at least tried to pay his debts by collecting aluminum cans.

The ACLU argues that LFOs — like Jerry Sumner’s — are perhaps one of the biggest barriers for someone coming out of the corrections system. By 2004, the median LFO assessed for a felon in Washington state was $2,540. If they were able to make a minimum payment of $25 every month, they would be paying for at least 30 years. And if, like Sumner, they can’t get a job — the debt still keeps growing.

Sumner says he’s a good man and he’s tried to live an honest life. He doesn’t deserve the pains he’s had for a mistake he made when he was a kid.

Angee says her husband is constantly guessing why he has been held down so much for his mistake.

“His life goal is to get his license back,” she says. “He’s been talking about it for 20 years.”

What Now?

Jack Lilienthal is not alone in thinking that it is in everyone’s best interest to help reformed felons succeed.

Lilienthal works for Goodwill Industries — an organization that tries to catch as many felons as it can right after they leave the system. Goodwill can help train them to find a job, help them write a résumé, even aid them in finding housing.

“Everybody who goes to work is less likely to re-offend — which means there is one less victim,” Lilienthal says. “There are hundreds of people out there who haven’t suffered a crime because someone went to work.”

Lilienthal emphasizes that the felons they see at Goodwill aren’t mass murderers or child molesters. They are people who learned from their mistakes. They just want to move past them.

Goodwill wants legislators to spend more time figuring out how to invest in felons than in how to lock up more of them. And Marc Mauer, from the Sentencing Project, agrees. The corrections system should be reserved for truly dangerous people.

“What’s happened is we have expanded the prison population well beyond what public safety would expect,” Mauer says.

So how do we ensure that our prisons are filled with people who should be there?

Anna Nordtvedt, an assistant Spokane County public defender, says the situation could be helped by decriminalizing driving without a license for people like Jerry Sumner who have unpaid fines.

“There’s no bus service in rural areas. And people are poor. What do you do if you have to take your kid to school? You’re going to drive,” she says. “You could have a seatbelt ticket and not pay it and you’ll get your license suspended — you could actually get a 90-day jail sentence for that.”

Nordtvedt suggests that people like Sumner and Collette who can’t pay their LFOs should be allowed to do community service.

The ACLU report outlines several ways to address the issue, such as waiving non-mandatory fees for indigent felons, prohibiting auto-jail policies, banning the 12 percent interest on LFOs and ensuring that the voting rights of felons are restored upon release from custody — regardless of how much they owe in fines.

Connecticut, Hawaii, Massachusetts and New Mexico have also passed “Ban the Box” laws — meaning employers can’t use job applications that require people to check a box if they have committed a felony. This prevents a felon — like Al-Hajri or Collette — from being immediately dismissed before they can tell their stories.

Breean Beggs, the Spokane attorney, thinks felons should be assessed on a case by case basis. He says blanket laws banning all felons from doing some things is just dangerous.

“[We’re] being broad and over-inclusive — that’s our current plan,” he says. “What I think people are realizing is that this is not working. It costs a lot of money and it’s counterproductive.

“There needs to be a comprehensive coming together to ask, ‘What kind of society do we want?’”

It’s Not Contagious

Carol has been sober for 16 years. She got a good job, finally, after completing a degree program at Eastern Washington University and majoring in social work. She volunteers in her neighborhood and at the food bank.

Seven years ago, she helped build a neighborhood C.O.P.S. shop — doing all of the wiring in the building herself. But when she turned in her application to be a volunteer, her felony came back to haunt her.

“I helped build that place from scratch,” she says. “But they ran my background and I couldn’t volunteer there. They’d known me for years.”

And though Carol successfully had her record expunged a few years ago — which means she can legally say she is not a felon — she still feels a heavy guilt. Like she doesn’t deserve to have a good life because of a mistake she made 22 years ago.

“Even though I’m not a felon anymore, I’ve lived with this identity for so long, I forget I’m not a felon anymore,” she says.

Today, sitting in her office, she says she has “a full and happy life.” She’s worked hard to be able to say that. And now that she’s out of the system, she can see it for its flaws.

“We were protecting people when people had leprosy by putting them on an island in Hawaii. And then we find out it’s not contagious. And neither is this sickness of keeping [felons] separate. It’s not contagious,” she says. “But it will continue to grow exponentially unless we can figure out a way to welcome people back in society. People won’t stay criminals when they are a part of society and feel like they are cared about.

“But when they aren’t,” she says. “They don’t have anything to lose.”

Comments? Write totheeditor@inlander.com.

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The Inlander is committed to exposing miscarriages of justice. Send tips and story ideas to injustice [at] inlander.com or call the news tip line at (509) 325-0634 ext. 264. Read more Injustice Project stories

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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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