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Tax-Free Storage Wars

Atossa Araxia Abrahamian | Longreads | May 2018 | 15 minutes (3,575 words)

On September 17, 2014, the art world’s upper crust convened in Luxembourg City to fête Le Freeport, a warehouse where the ultra-rich hoard paintings, cars, jewelry, wine, and other luxuries in duty-free comfort. Waiters in red uniforms dodged oversize bouquets of white lilies to pass around trays of champagne, and an orchestra played an overture written especially for the occasion before an audience that included the Grand Duke of Luxembourg and top executives at Deloitte.

That evening, two American businessmen mingled among the government ministers, gallerists, and local bigwigs. Kenneth Cayre, a wealthy real estate developer, and Tom Sapienza, an accountant who’d worked for years in art shipping and handling, were planning their own entrée into the fine art storage business. But instead of operating in the luxury tax haven of Luxembourg, they would open their storage facility in a place not known for its low taxes: New York City.  

This story is published in collaboration with Artsy Editorial. Artsy is a global platform for readers to learn about, discover, and purchase art.

The terms “free port,” “free trade zone,” and “foreign trade zone” are used interchangeably in the art world. They generally denote a place that’s free of customs duties and other taxes— but the extent of that freedom depends largely on the jurisdiction of the facility. That’s why most of these warehouses tend to be in existing tax havens, like Luxembourg or Switzerland.

In the United States, these areas are called Foreign Trade Zones, and they’ve existed under the protection of Customs and Border Patrol since the first opened on Staten Island in 1937. Today, they’re located in airports, in seaports, and on waterfronts, but also in warehouses and urban centers. They’re a big part of the U.S. business landscape: There were 263 of these zones in 2016, employing 420,000 people across the country, with hundreds of billions of dollars worth of merchandise, from car parts to pharmaceuticals, moving into and out of them. The zones typically take advantage of what’s known as an inverted tariff. When there are federal duties on the imports of raw materials, like steel, but not on the import of a finished product, like a tractor, it makes sense to bring the steel into the duty-free zone, manufacture the vehicle there, then formally import it without incurring the taxes.  

None of this applies to artwork, though, because there are no federal import duties on art. Nor are FTZs home to any art studios engaged in manufacturing. Until recently, there was only one American FTZ dedicated to art, and it was in Delaware, which from a tax perspective is as close to a Luxembourgish freeport as you can get in the continental United States, so the facility was not only free of customs duties, but also most local and state taxes.

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A few inside the Arcis art storage facility in Harlem. (Zoe Wetherall for Artsy)

What Delaware lacks is prestige and proximity to auction houses, museums, and galleries, so Cayre and Sapienza recognized potential in a New York competitor. “We saw the attention at the opening,” Sapienza recalled at a 2017 art business conference, “and we decided we’re coming to market with a 21st-century storage facility. Why not, as the icing on the cake, add a Foreign Trade Zone?”

Their facility, which opened in April 2018 on a proletarian Harlem block on West 146th Street, is called Arcis Art Storage. “Arcis” is Latin for “fortress” — a fitting name for what’s essentially a museum-quality bunker, currently insured to store up to $3 billion worth of goods. Like Luxembourg’s Le Freeport, which is armed to the teeth and admits next to no one, security is tight: Guests at Arcis must have their retinas scanned to go through the first door, then present their bare forearms for a vascular scan at a second door.

Instead of operating in the luxury tax haven of Luxembourg, Arcis would open their storage facility in a place not known for its low taxes: New York City.

Once inside, visitors to the building will be wedged — geographically, at least — between a historic black church and a daycare center. But as far as the U.S customs agents are concerned, once goods are imported into Arcis — whether they’re coming from Shanghai or the Upper East Side — they are no longer within U.S customs territory.

This was going to be Cayre and Sapienza’s edge over a crowded New York art storage market. But there was a reason no one else had done it yet: Even though customs duties don’t apply, New York State taxes do. This means a painting bought at Christie’s and stored uptown would not get preferential treatment when it came to sales and use tax over a painting going anywhere else. Arcis got the competitive, insular art storage world wondering exactly what its executives were selling.

***

Kenneth Cayre, 74, has had a varied and eccentric career. His associates at Arcis, as well as friends and former colleagues, describe him as a sharp, family-oriented hustler. (He declined to be interviewed for this article.) Cayre began his import-export career in 1959 as a teenager, operating a floating duty-free store with his two brothers, sailing back and forth from Miami to the Bahamas with cigarettes, alcohol, perfume, and watches to sell to passengers who wanted to avoid high import duties. Over the years, he helped a cousin run a textile factory in Puerto Rico; operated a pantyhose manufacturer called Kandy Mills, in Hialeah, Florida; and, inspired by the rhythms of the Miami Beach club scene, started a record label with his brothers called Salsoul.

In the early 1980s, the Cayre brothers started Good Times Entertainment, which distributed VHS copies of Jane Fonda exercise tapes, knockoff Disney movies, and other videos whose copyrights were in the public domain. An early encounter with Walmart founder Sam Walton led to a long-standing distribution deal, but the company was eventually sold to a private equity firm in 2003. The company filed for bankruptcy in 2005.

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A client viewing room at Arcis. (Zoe Wetherall for Artsy)

Today, Cayre owns and manages property with his sons, Jack and Nathan, including a million-square-foot chain of self-storage warehouses in the New York tri-state area called Treasure Island. In 2014, real estate heavy Steven Guttman made a splashy transition from cheap self-storage to high-end warehousing with Uovo, which now has branches in Rockland County and Long Island City, Queens — home to a burgeoning gallery scene and the contemporary art museum MoMA PS1. During this time, the art market was growing fast: Between 2005 and 2015, annual sales doubled to reach $63.8 billion, and more contemporary art is being produced and sold every day. Nearly 80 percent of all artwork is in storage, according to one storage executive, and since new art is made every day, demand for storage facilities — at least in theory — will grow continuously.

In an application for property tax breaks from the city of New York, Cayre describes himself as “an artist at heart” and claims that after Superstorm Sandy ravaged the downtown gallery scene, he felt compelled to enter the art storage business. “Ken witnessed more and more galleries and Fine Art storage facilities vacating Manhattan for locations in New Jersey like Newark and Jersey City,” the application reads. A desire to clean up his image may have also provided motivation: In 2006, Cayre was accused by New Jersey con man-turned-FBI informant Solomon Dwek of having received stolen assets worth $2.2 million. Although he was never charged, Cayre was kicked off the board of a New Jersey medical marijuana foundation in the aftermath.

Guests at Arcis must have their retinas scanned to go through the first door, then present their bare forearms for a vascular scan at a second door.

In mid-2013, less than a year after the storm, Cayre spent $4.5 million on the Harlem parking lot where Arcis now stands and an adjacent property housing a childcare and eldercare center. Six months later, one of his sons ran into a real estate developer friend at a Super Bowl party, who offered to introduce the family to someone in the art storage business.

That someone turned out to be Tom Sapienza, now a 48-year-old dad of three from Long Island with dusty blond hair and the wholesome, slightly stiff demeanor of a Little League coach. An accountant by training, he’s a khakis-and-blazer kind of guy, which makes it hard to imagine him at a glitzy art opening in Luxembourg. But Sapienza had a Rolodex of potential clients at museums, galleries, and family offices — fruits of a decade working as a consultant and CFO at Crozier Fine Arts, one of the world’s biggest art storage firms. Sapienza’s tenure there ended on a sour note: According to legal documents, he was fired in 2012 and subsequently sued the company for allegedly denying him his share of equity. His ex-colleague, Simon Hornby, declined to comment on the termination and the lawsuit; Sapienza also declined to comment on the suit, which was settled in 2017.

Cayre and Sapienza hit it off, and before long, were en route to a castle in Maastricht for a business seminar designed to educate art world professionals about finance and to educate financiers about the art world. “It was to expose Ken to the new global art world,” Sapienza says. In the class, they heard a presentation by a business professor about Le Freeport and the business of Free Trade Zones for art. “We left with binders and binders of information,” says Sapienza. “He loved it.”

***

The first free ports were established in early modern Europe as way stations for goods like grain, coffee, or spices. Their extraterritorial status saved traders time and money, but since the contents of these warehouses were perishable, the facilities weren’t intended for long-term storage, let alone keeping valuables like paintings and sculptures. But as globalization made more and more types of business transnational, these facilities evolved too. Today, free ports are a crucial cog in the global art trade. Their contents are fiercely guarded, top secret, and largely tax-free. But which exact taxes they incur depends on their location.

“The term ‘free port’ really does mean something phenomenal in Europe and Asia,” says Jason Kleinman, a partner and art-tax-law expert at Herrick Feinstein LLP. Those free ports exempt buyers and sellers from VAT and income taxes, and because of their clear perks, they have courted art collectors for decades. “These locations confer great tax advantages to the people who use them to store or conduct business,” Kleinman says, adding that when sales take place within a foreign free port, sellers also save on shipping and handling costs. For speculators flipping Picassos, free ports specializing in art and luxury items offer an attractive deal.

American FTZs, by contrast, have more limited benefits and have historically served the automotive, electronics, and oil industries. The art world got one of its own in 2015, when Austrian art shipper Fritz Dietl opened the 36,000-square-foot Delaware Freeport. His art-centric outpost allows clients who buy pieces in New York or Miami to avoid state sales taxes if they ship their pieces directly there — but the saving is due to the tax breaks offered by the state, not because it’s a FTZ.

For speculators flipping Picassos, free ports specializing in art and luxury items offer an attractive deal.

That’s because while American FTZ rules do waive federal customs duties when they are applicable, they don’t eliminate state or city sales and use taxes; in that respect, FTZs are part of the state they’re in, but not part of the country. Federal law further stipulates that goods can’t be bought and sold within the zones, so under-the-radar handoffs aren’t possible either. And New York’s sales and use taxes on art are levied based on the location where the buyer gains possession of the item, whether it’s acquired at a domestic sale or at an auction abroad — so the most an FTZ could possibly do is defer that cost while the item is in storage.

In other words, if a $10 million painting ends up hanging on a billionaire’s wall in New York after passing through an FTZ, the FTZ alone will not save its owner from the state’s 8.875 percent tax on sales and use. It might be more convenient or indeed more prudent to store a painting bought in Manhattan just a few miles uptown from the auction house than in Delaware or Long Island, because moving art is risky, but an FTZ won’t save money. And in the event that a painting was bought in London and brought to New York, the most the FTZ would do is defer tax until the piece leaves the zone. Since artwork isn’t dutiable, there’s nothing to gain from avoiding customs. “I spent hours researching it,” Kleinman says, “and I concluded that Arcis is a tax-free zone in search of a tax.”

Nevertheless, a tax-free anything sounds good to a certain clientele, even if the actual benefits are limited (or, as Kleinman suggests, virtually nonexistent). “People toss the term around all the time,” Kleinman says. “It’s P.R.”

***

After the Maastricht seminar, Sapienza called a former Crozier colleague, Kevin Lay, who joined Arcis as director of operations in 2016. For Lay, a rakish former punk rocker who is more visibly artsy than Sapienza, art preservation is a matter of philosophical import. “Art storage is time travel,” he says. “When you look at a painting you’re standing where the painter stood, and as custodians of culture it’s up to us to return this in the same condition it came in.”

Now complete, the warehouse looks a bit like a steely blue iceberg: monolithic, windowless, and blank. There’s no obvious signage save for a large purple A, for Arcis, on the north face of the building, about 10 feet above a 16-feet-high and 40-feet-wide loading dock that opens onto 146th Street. “If your art doesn’t fit here, it won’t fit anywhere in the city,” says Sapienza. (The largest dock at Uovo’s New York City facility is 13 feet 7 inches high and 11 feet 10 inches wide.) A discreet black car entrance leading into the loading area and visible only from one-way mirror windows in the executives’ offices will accommodate the rich and wary.

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Detail of the Arcis storage facility. (Zoe Wetherall for Artsy)

Inside, the newly painted facility smells disconcertingly like an Ikea stockroom and looks, at first glance, like an ordinary industrial warehouse: exposed beams, large metal columns, huge mechanical doors, and stark white walls. The ground floor is divided into viewing rooms with $1,000-a-bulb lighting, per the company,  and ceiling rigs for moving heavy sculptures. There’s also a loft-like space where artwork will be inventoried, and, on the higher levels, private storage units in different sizes, along with larger shared spaces.

Lay and Sapienza can — and do — talk for hours about the building’s technical specs. If a storm surge were to occur, a protective envelope of panels made of insulated metal panels between its inner and outer walls would help protect it from the elements. Its power supply is uninterruptible, with every function intentionally redundant in case a power source goes out. The generators have backups located on the roof, which run on natural gas; in theory, they will keep the building going until any emergency is over. The faint whir of the air-conditioning system, which filters the air three to six times an hour, is a constant presence; otherwise, it’s completely quiet. “They’re not taking any chances,” says Lawrence Bovich, a partner at Mechanical Technologies, LLC, one of the firms that installed part of Arcis’ HVAC system. “These guys are many folds more risk-averse than any museum might be.” Arcis would be a great place to hide during a natural disaster, or allergy season.

Cayre applied for and received $13 million in tax breaks on construction by promising the warehouse would bring six full-time and 10 part-time jobs to East Harlem.

Serious protection costs serious money. The price of storing a painting at Arcis can range from just a bit more than at your average self-storage facility to thousands of additional dollars a month depending on the size of the unit, whether there’s custom shelving, and where in the building it’s located, says Lay — but he won’t say by how much.

Cayre applied for and received $13 million in tax breaks on construction by promising the warehouse would bring six full-time and 10 part-time jobs to East Harlem and calculating that its benefit to the city, mainly in other taxes, would total $20 million. But employment at art storage facilities typically goes to aspiring artists who know how to handle, crate, and transport the art; even Arcis’s own filings note that the business will require “employees with specialized skills sets similar to those of a museum registrar.”

That could explain why an administrator at a community organization on the south side of the block called Street Corner Resources, which does job placement for young people as part of its larger mission of reducing gun violence, said on a recent afternoon that he’d heard nothing about Arcis, let alone the possibility of jobs there. Staff at neighboring bodegas, a barbershop, and a local diner were aware of the facility because they’d served chatty construction workers from the job site; none of them knew they would soon share a block with million-dollar paintings. At the senior center next door to Arcis, whose building Cayre’s company acquired, a coordinator said they’d received assurances from the newcomers that they would not be displaced.

Because FTZs are regulated by the federal customs agency, local elected officials don’t participate in the approval process. When asked how Arcis might affect this part of his district, City Councilman Bill Perkins grew aggressive, demanded more information, and directed questions to his predecessor, current State Assemblywoman Inez Dickens, who didn’t respond to requests for comment.

***

In April 2017, Arcis was a sponsor of the Art Business Conference, a glitzy annual networking event for the fine art world, at the Time Warner Center in Manhattan. “Kevin and I both keep getting calls from people pushed from locations in Manhattan,” Sapienza told the crowd during a panel about freeports. “People wanted us to commit space. We have a warehouse reservation binder, with clients signing up for the space.”

In the audience were Delaware Freeport founder Fritz Dietl and Crozier president Simon Hornby. Hornby says Crozier also consulted with advisors on the utility of an FTZ, and the benefits came up short. “Art is not a dutiable good. There are no duties on art in the U.S.,” he says. “So what’s the point of a FTZ for art if there’s no duty in the first place and it’s designed to suspend duty?”

Even Dietl says the free port part of the Delaware Freeport saves little money. But branding something as a free zone or free port sends a powerful — if empty — message to potential clients. “It absolutely works because it’s a term that’s so widespread in the art world,” he says.

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A freight elevator at Arcis. (Zoe Wetherall for Artsy)

Self-storage king–turned–fine art protector Steven Guttman says his team studied the possibility hard before they opened Uovo and found no significant benefits. “We did not take this lightly,” Guttman says. “We knew about this a long time ago and kept saying this makes no sense. I’ve been in the business for three years, and never heard a tenant request an FTZ.” He adds of Arcis, “They may be onto something just by confusing people.”

Sapienza declined to comment on tax hypotheticals, insisting that it’s the client’s responsibility to obtain appropriate counsel and follow the law. Kevin Lay insists there’s some tax value to the FTZ — though that depends on how you define “art.” “Antique furniture that’s a hundred years old can be imported duty-free, but if you have a lamp from 1921 that you bought in Paris at auction for $1 million, if you were to bring it here, you would avoid those duties,” he says. The idea is that the lamp could hang out in storage until duties weren’t due. Other valuables, like some jewelry, also carry duties. In those scenarios, an FTZ can also be useful to avoid or defer them.

Herrick’s Jason Kleinman, whose job it is to help collectors manage (or as he puts it, “control”) their U.S. tax bill, says Arcis “doesn’t change anything for me or present me with any tax-planning opportunities.” Some of his clients were curious about Arcis, he says, but none had serious plans to relocate their assets. “I’d suggest anyone look at Arcis and apply to it criteria you’d demand of any other facility,” he says.

In the end, the biggest draw might be to collectors looking to keep their art close to home, and eventually sell at a New York auction. If there’s one thing everyone can agree on, it’s that the less you move art, the better. And the tax-averse, art-collecting global elite? They’ll always have Luxembourg. 

***

Atossa Araxia Abrahamian is a journalist and the author of The Cosmopolites: The Coming of the Global Citizen.

***

Editors: Michelle Legro and Anna Louie Sussman
Photographer: Zoe Wetherall

Fact checker: Ethan Chiel
Copy editor: Jacob Gross

Special thanks to the editorial team at Artsy.

 

When the Movies Went West

A man looking into a Kinetoscope. (Photo: Getty)

Gary Krist | Excerpt adapted from The Mirage Factory: Illusion, Imagination, and the Invention of Los Angeles | Crown | May 2018 | 14 minutes (3,681 words)

Toward the end of 1907, two men showed up in Los Angeles with some strange luggage in tow. Their names were Francis Boggs and Thomas Persons, and together they constituted an entire traveling film crew from the Selig Polyscope Company of Chicago, one of the first motion picture studios in the country. Boggs, the director, and Persons, the cameraman, had come to finish work on a movie — an adaptation of the Dumas classic The Count of Monte Cristo — and were looking for outdoor locations to shoot a few key scenes. As it happened, the harsh midwestern winter had set in too early that year for them to complete the film’s exteriors in Illinois, so they had got permission to take their camera and other equipment west to southern California, where the winters were mild and pleasant. Since money was tight in the barely nascent business of moviemaking, the film’s cast could not come along. So Boggs intended to hire local talent to play the characters originated by actors in Chicago. Motion pictures were still such a new and makeshift medium that audiences, he figured, would never notice the difference.

In downtown Los Angeles, they found a handsome if somewhat disheveled young man — a sometime actor who supplemented his income by selling fake jewelry on Main Street — and took him to a beach outside the city. Here they filmed the famous scene of Edmond Dantès emerging from the waves after his escape from the island prison of the Château d’If. Boggs had a few technical problems to deal with during the shoot. For one, the jewelry hawker’s false beard had a tendency to wash off in the Pacific surf, requiring expensive retakes. But eventually the director and Persons got what they needed. After finishing a few more scenes at various locations up and down the coast, they wrapped up work, shipped the film back to Chicago to be developed and edited, and then left town. Read more…

Of Breakdowns and Breakthroughs

Getty Images

Jenny Aurthur | Longreads | May 2018 | 28 minutes (6,886 words)

 

On the Monday before Thanksgiving in 2004, my father went missing. I was at the Santa Monica apartment I’d been subletting to a friend while working for three months in New York City, getting ready for bed when my phone rang. It was my mother, wondering if I’d spoken to him. I had not seen or heard from my dad since he’d picked me up from the JetBlue terminal at the Long Beach Airport three days earlier. I was 30 and had returned home to L.A. from New York to spend the holiday with my family.

I’d never missed Turkey Day with my folks. Nothing about my childhood had been typical. I was raised by atheist, socialist activists who called me “Jenny Marx,” never just Jenny, after Karl Marx’s wife. They skipped religious holidays, but observed Thanksgiving, well, religiously.

Fort Green, 1974

Thanksgiving had solidified into a legendary event among our friends, and most years we had a full house. It wasn’t unusual for so many people to show up that some had to sit cross-legged on the floor, leaning against the living room wall. The food was so good, and the company even better, that no one minded not having a seat at the table. My father cooked for an army, and there was never a shortage of food. Our parties were lively and conversations were raucous, everyone talking over one another. We were an opinionated bunch. Current events were passionately discussed, and my parents were walking encyclopedias. Topics ranged from global warming to recent movies to the upcoming local and presidential elections. The musical selections were just as diverse as the crowd, from Dixieland jazz to gospel to classical to Dylan.

Everyone got quiet when the food was ready. We passed around two kinds of homemade stuffing — one for vegetarians and one with Italian sausage. Huge bowls of steaming sweet potatoes, buttery green beans, thick slices of light and dark meat my father carved from the 20-pound bird, fresh cranberry sauce with tart orange zest, loaves of freshly baked sourdough bread, green salad, and a ceramic pitcher of hot gravy barely fit on our dining room table.

***

I started having friends come over for the holiday when I was in junior high. My mother, Elinor, and my father, Jonathan, were popular with my classmates and considered the “cool parents.” During the years I was in school and well into my twenties, our house was the place to be. After Thanksgiving dinners with their own families, droves of my old pals showed up to our house. Everyone loved being around my parents. When I was in high school, one of my best friends, Leisa, was having trouble at home, and my mom took her in. Another friend, Ania, also lived with us a couple of years later.

“I wish Elinor and Jonathan were my parents,” my girlfriends would often say.

This year, though, Thanksgiving would be different. I’d been living in New York since the late summer. Preoccupied with my work, I put the holidays on the back burner. My parents and I had decided to keep it mellow for once. Eight years after my younger brother’s suicide, for the first time, it would just be the three of us.

***

Historically the kitchen was my father’s territory, and when I was growing up, my mother, my brother, Charley, and I were careful to stay out of his way. He loved being the king of his castle, but he pretended not to enjoy it. “I’ve been burning my ass over a hot stove for the last three days for you ingrates,” he complained, acting annoyed, wiping sweat from his forehead. He loved this yearly charade, and we went along with it, rolling our eyes and laughing.

The aromas coming from the forbidden room made our mouths water and stomachs growl impatiently. Under the pretense of being helpful, my mom, my brother, and I would wander into the kitchen and lurk over the stove and poke around. We were shooed out immediately. “Everyone out of the kitchen,” my dad said with mock exasperation. The table had been set for hours; that was my job. I pulled out and polished the prized Tiffany family silver that had belonged to my grandparents, for its once-a-year appearance. My mother was responsible for buying lilies and dahlias. She also designed beautiful Japanese-style flower arrangements that she’d made in her ikebana class. Charley was in charge of dusting and vacuuming. We liked a late dinner and by the time we ate at 8:00, we were famished.

“Now can I sit down?” my dad asked, drawing out the “now,” acting like an indentured servant finally getting a break. Collapsing into his chair with a dramatic sigh, he surveyed the bounty of food, enough for Henry VIII’s court. “Well,” he said, “if we don’t have enough we can always order pizza.”
Read more…

Forgetting the Madeleine

Frances Leech

Frances Leech | Longreads | May 2018 | 13 minutes (3,315 words)

 

I have friends in Paris who are now 4 and 6 years old. When I ring the doorbell at their apartment, I hear a clamor of footsteps and shouts of “Frances” and “Frances-madeleine” as they fight to open the latch, just within reach of small arms.

“What did you bring?” asks the boy, searching me for a telltale tin or box.

Tu es une PATISSERIE,” says the girl: you’re a bakery, or a baked good. I do not correct her.

Then they remember: “bonjour,” “bonsoir,” a kiss on the cheek. They pull me away like tugboats to see their room. At one birthday party they kidnapped me so fast that the adults did not find me for half an hour. I was busy being dive-bombed by toddlers and pretending to be the wolf.

They are curious about many things: trains, love, my cat whom they have not yet met, all of the cooking that happens in their narrow kitchen. They know if they ask “what is it?” they will receive un petit bout: a morsel of chocolate or a scrap of herbed fat, something to test for themselves. Or someone tall will hoist the child up to watch bubbling sugar turn to caramel — from a safe distance — before chasing them out. “Go play with your kitchen!” They have a wide selection of plastic fruit, vegetables, pizza, cakes.

“What did you bring?”

This particular afternoon I only brought a pan. I showed it to them.

“Can you guess what we are making today? It begins with an M…”

“MACARONS!” The boy loves them, for their melting sweetness and array of colors. Whenever I make a butterfly or flower in pastel colors, I save one for him.

“No, it begins with an M and it’s also in my name.”

“MARIE!”

“No, that is maman. It looks like a shell but you can eat it.”

I find madeleines are often bland rather than exceptional, whether it’s the spongy ones in supermarket packets or the pâtisserie ones that are prettier than they taste. I’d rather dip a boring digestive biscuit in my tea and know what I am getting. I’d rather be named after an éclair. But I will make madeleines for these two French children. I can’t resist their big eyes and round cheeks, and neither can their local baker’s wife: she always slips them a chouquette or a little cake when their parents pop in to buy bread.

Read more…

Walking Through the Past Into New Motherhood

Holger Hollemann/dpa via AP

Jessica Friedmann | Things That Helped | Farrar, Straus and Giroux | April 2018 | 36 minutes (9,972 words)

Every morning, my father goes for an hour’s walk before work. This is the ritual that starts the day. When I come down to the kitchen for breakfast he is just getting home, and the dog precedes him through the door, pattering around, looking for a sunny patch, while my dad dumps the shrink-wrapped tube of the newspaper on the kitchen table. Often it is damp with condensation, but when I peel the wrapping off, the newsprint itself is dry.

Depending on the season, my sisters and I wear identical pale blue knee socks with our school uniforms, or itchy, dark gray tights. Dad’s early-morning outfit is unvaried; tracksuit pants, a T-shirt, sneakers, and a jumper tied around his waist, disguising or reinforcing the back brace he wears on cold mornings. His back injury is one of the reasons for his walking, and for the careful, constant stretches he does. After dinner, he leaves the table and rolls his knees from side to side upon the floor.

As a child, I have no clear idea of what a disk is, or what it means to “slip” one or two or three. In my mind, my father’s spine is like a Jenga tower, with pieces sticking out precipitously, ready to bring the entire structure down. In fact, his spine is not too dissimilar now to a stack of blocks — bone on bone with nothing to cushion each vertebra. He teases his mother about the fact that she is shrinking, but he is not as tall as he was.

***

Every now and then, on a High Holiday or when someone has died, my father gets up early to accompany his father to shul, walking there, of course, because on these occasions you don’t drive. I don’t know what kind of tricky political maneuvering has gotten him to this point, or what strings have been pulled, but these mornings come as a kind of détente in an ongoing tussle over Dad’s lack of faith. He himself disclaimed religion years and years ago, but neither of his parents really accept that he no longer believes in God; or if they do, they believe that his defection is too late; he has already been bar mitzvahed, and that is that.

My dad keeps a few yarmulkes in a drawer in the hallway console, between misplaced golf tees and a set of spare keys. When I accompany my grandmother, Nagyi, to shul myself on odd occasions, I sit with her on the women’s balcony, something that must have been brought over from the old country, because in the early ’90s, who segregates men and women? Only the most conservative, but I don’t have any idea of the fault lines yet between Orthodox and Progressive, Hasidic and Reform. In my grandparents’ neighborhood, girls wear wigs and long black skirts, but Nagyi disdains them for their showiness. There are ways and ways to be a good conservative Jew.

On High Holidays, the main ways are prayer and food. Inevitably we three girls will arrive tetchy from being bundled into our “good” clothes and then sitting around afraid to mark them. We have Peter Pan collars edged with lace, and large velvet headbands holding back our glossy hair. We are keyed up, too, with the awareness of something special happening, but unable to read all the currents of the evening, the ebbs and flows.

Depending on the holiday, Papa’s intonement of Hebrew is either brief or on-and-on-and-on. Dad jokes that all Jewish holidays boil down to “They tried to kill us, they failed, let’s eat!” but I scrupulously study the English text in the Haggadah, trying to make sense of it, or at least match the English words to the Hebrew rhythm. Some aspect of me feels that I ought to find this language resonant, or at least imbued with meaning, but it goes over my head, and the meal is reduced to a pantomime. We play a children’s pantomime, too, toward the end, hiding a piece of matzo for my grandfather to studiously not find, and bargaining its release for a net of gold chocolate coins.

At some point I ask Dad why he left the shul, and he tells it very simply: that he went every Saturday until he was 17 years old, when he raised a scriptural question from the day’s sermon with his father; that Papa told him very firmly not to question the rabbi, and since that point my father has had no faith. There is a horror around that quashing of spirit that is too great for my child’s mind to take in, and I put it away, unaware that it has tangled in my mind with a budding supposition — that Jews can get in trouble if they ask too many questions.

***

Questions are my lifeblood; I cannot live without them. As my legs grow longer I like to join Dad in the morning, prowling the suburbs before the sun comes up. It takes me a while to wake up all the way, but I love the feeling of the wind brisking up my cheeks as we cross the bridge into Richmond. As we head over the river we can see rowers out in pairs or single sculls, seagulls perched on the garbage traps, long snaky strands of gold light rippling with the flow of the water.

Often we walk in silence, the dog trotting at my father’s side. The sky turns pink and crisp in the autumn, and balloons go up over the city. When we talk, I bounce my newly forming philosophical quandaries o my father, who enjoys them. “How do I know that the color I see as green is the same color that you see as green?” I ask, and for the next 20 minutes we are down a path that is comprised half of classical philosophies of subjectivity, and half of how the eye actually perceives color as a lens. It amazes me that there are wavelengths of light — all around me and going through me — that I cannot detect at all.

Every term, we carry our school reports to our grandparents’ house, and they read over them and congratulate us, and my grandfather solemnly hands to each of us an envelope of cash. The money embarrasses me, but the pride I enjoy. I know how much it means to him to see us do well; he left school at 14 himself, to help his parents in their shop, in the country town my grandmother would later live in and loathe. He was the second eldest and survived the Holocaust with five of his siblings — six out of nine. They were the largest group of siblings to survive; I think there is a certificate somewhere.

The fact of this is somewhere in the background, also squashed, also repressed. When I come across Jewish children in When Hitler Stole Pink Rabbit or Number the Stars, I am careful not to invest too much of myself into them. It is easier to be Laura Ingalls Wilder or Emily of New Moon, or Jo March, with her independence and her comically small head. I tear through everything the junior school library has to offer, then get special permission to visit the senior school library for books.

Nagyi and Papa come to our end-of-year assemblies; they are faithful attendees of our recitals and ballet concerts. Dad watches the unbending of his father with astonishment. When I miss a mark in a spelling test, he shakes his head with mock dismay.

“You know when I was your age, if I brought home a test with a mark of ninety-six, my father would say, ‘What happened to the other four points?’”

I laugh, trying not to show how much I mind those few missed marks. I hear the conversations between my teachers, and I know that some of the work I am given is different, harder. The word potential is used cautiously; I begin to realize that I have a great deal of potential. But the thinly veiled excitement behind the phrase is a compliment I haven’t yet earned. I am expected to do something with this potential; I am supposed to live up to it; there is no telling how far I will go.

My parents pick up on and try to assuage my anxiety. “I don’t care if you want to be a garbage collector,” says Dad, “just as long as you are the best garbage collector you can be.”

Later I find that this is a mantra in all migrant households, and one that my friends trot out when we are telling the stories of where we came from. The best you can be echoes around the back of my skull, a lone refrain until I abandon my homework one night as mostly done, good enough. Dad looks at me over the top of his newspaper when I say as much out loud.

“There is no such thing,” he says, “as ‘good enough.’”

My mother is horrified to overhear this, but Dad looks me in the eye, and I know exactly what he means.

***

The school that my sisters and I attend is the junior school sister of a single-sex private institution. It doesn’t occur to me to find a school comprising only women and girls odd; at home Dad often groans jokingly of being outnumbered, though he wanted six girls initially.

We are here in part because of my mother’s hairy legs. As a teenage girl, she tells me later, she deliberately lagged to the back of cross-country running groups so that the older boys would not see her legs. She didn’t want us ever not to be swift; she didn’t want us to sabotage our chances, to feel the shame of exposure. She tells me about the incinerators in the girls’ toilets at her senior school; how girls were required to burn their bulky sanitary pads, and any girl bleeding was identifiable from the plume of smoke emerging above her toilet stall, announcing her like the election of a new pope. Later, on her teaching rounds, she gritted her teeth as boys pushed their way to the new computers at the expense of their female peers, and were rewarded with attention and opportunity for it.

That we can have and be anything we want is borne out by our parents, who, if they are not old money, are migrants or the children of migrants; our mothers and fathers, but mostly our fathers, started out with nothing, and look at them now. In the playground there is no feeling of racial consciousness; though I don’t know the term model minority yet, that is what we are, we migrant daughters of Jewish and Chinese and Indian doctors and lawyers.

My race education is of its place and time, which will make me blush as an adult when I understand what this means. I am sure we do learn about Indigenous Australians, whom we call Aborigines, sometime during primary school; I am sure that I make a poster presentation. I know that at some point we learn about bush tucker, and place tiny native-pepper berries on our tongues, and squirm and giggle at the thought of eating witchetty grubs. We all have enough food at home; we cannot imagine that anyone, by necessity or choice, would eat a bug.

We also learn that Captain Cook “discovered” Australia in 1770, that he and Joseph Banks staked a claim on Botany Bay and then the nation began; that from then on colonies sprang up, and convicts worked through their indenture, and the Gold Rush brought prosperity, and sheep and wheat and opals brought even more. We do not learn about the Frontier Wars, or if we do, they are not named as such, and the losses of life are downplayed. If we learn about the referendum to repeal Section 127 of the Constitution, reading In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted, it is as a footnote to history, not something that I, or anyone else, has ever made a diorama about.

There is also, pervasively, the Holocaust. It seems to permeate the entirety of our classes, later on, in History and in English, as the scale of World War II is pressed upon us again and again. We read Livia Bitton-Jackson’s book Elli, and it doesn’t escape me that Elli’s surname is the same as mine; that we are both fourteen. I read it once, put it down, and move on to other things. I don’t want to dwell on this book, or on the immensity of its subject.

One image sticks with me vividly, though: girls marching naked toward Auschwitz, one of them bleeding freely down her thighs, and Elli’s sudden realization that she might one day be as embarrassed and exposed as that. In a girls’ school, pads and tampons are batted around the bathrooms with nonchalance. They are wrapped in bright colors, and girls read out the trivia printed on their hygiene stickers from behind the stall doors.

The girls who are not the daughters of migrants have long sleek ponytails and suntanned legs. A few years earlier, they passed around a copy of Bridge to Terebithia, highly prized because it made them cry so much. It is not a crime to be sentimental, but when we are given a creative writing exercise — to produce an account of life in Auschwitz and Dachau — I feel my gorge rising on a hot tide of panic. I do not have the language to explain, even to myself, how sick I feel about these girls indulging in the so sad sadness of life within a camp, even in fiction, even for a minute.

I think about writing a letter to my teacher explaining this, but I don’t. It doesn’t occur to me to simply not do the work; I am too much of a Goody Two-shoes, a perfect student, a suck. And I know that I will have to face what happened in Hungary and Germany and Poland at some point, so I tell myself I am being mature and write the piece. And I get full marks, and I do not wallow and I do not inch. But later, when I have learned the language of appropriation and thanatourism and the concept of trauma porn, I will wish that I had not been such a coward, and that instead I had simply told my English teacher to fuck off.

***

More and more I come to value the time spent walking in the morning before school. At 16 I am in my final year of school, and so, unlike my friends, I don’t rush out and get my license straightaway. The thought of learning to drive, on top of the schoolwork that is piling up, feels like too much pressure, too much stress.

I am still intent on following my father, who is a dentist, into some kind of medical field, preferably surgery — from a young age I have been fascinated with the workings of the body — and so I immerse myself in chemistry and mathematical methods, the latter of which I loathe. I like chemistry for its acceptance of ambiguity, its stoichiometric equations that acknowledge that no state of matter is ever truly fixed.

Our early-morning walks take us past a little row of shops, where Dad and I slow our pace to navigate around the café tables that have been placed out for the early rush and shoppers coming out of the bakery clutching loaves of bread. A few years of after-school work at Bakers Delight have inured me to the smell of hot bread in the morning; it is a smell I miss, a comfort smell. At one shop front, I sneak a quick glance at a pair of shoes in the window. They are at sandals with an open back, with metal hoops and disks of black leather arcing over the top of the foot. They look like something Kate Bush would wear.

When I get my results, I let out a whoop, and then sit for a moment, looking at the computer screen. I have slept until noon to safely ignore the phone calls of curious family, and I know that my parents must be dying of tension in the other room, where they are respecting my distance while I find out whether or not I’ve got the marks I need. I have missed out on a place in medicine by one point, but I feel curiously light having had the decision made for me, and deeply content about my impending entry into arts.

I tell my parents my score, and they hug me and ring my grandparents, and later in the day, Dad presents me with a box. In it are the Kate Bush shoes. I know that secretly he would like to mark the occasion by giving me a car, but these shoes are much, much dearer to me. I hadn’t realized that he’d been watching each morning when I paused at the shop window to admire them and say hello.

***

In the first year of my arts degree, uniforms left behind forever, an older girl in my art history class takes me under her wing, and my life opens up in a way I have longed for, inchoately, for as long as I have known. Summer evenings pass in cheap apartments above shops, playing records on a machine bought at Vinnies and smoking on the roof, or in tiny paved back gardens, sitting on upturned milk crates between the back door and the dunny. I go to a fancy-dress party dressed as Annie Hall and fall in love with a lean, dark-haired boy in the corner, his brown eyes glowing over the light of his cigarette. I leave our conversation to go to the loo, unclipping my father’s borrowed suspenders.

“Absolutely not,” my friend hisses while I’m away. “She’s 17 years old.” But a year later I am half living at his house, waking up lazily and putting the stovetop espresso on while his housemates go to Tabet’s for cheese-and-spinach pies. We watch Betty Blue and play backgammon in the morning, clean up haphazardly, take cups of tea out into the backyard with the newspaper or an old copy of Heat. When his Deleuze reading group comes over, I head out the back and read fashion magazines. I already know my position on Deleuze.

It is here that I read Monkey Grip for the first time, and feel a faint marvel of clairsentience at Helen Garner’s prose. So I haven’t dreamed up this life out of whole cloth; it exists, it has existed before me and without me, and was waiting for me to come and inhabit it, to walk the very same streets I am now walking, and argue over ethics and love and sex, and obsessively write. I curl up on Tom’s ratty old couch with my feet in a pair of his socks, the heels coming up past the back of my ankles, and scrawl poems on the backs of old envelopes as my mind flies far above the plum trees and the washing line.

***

As I am growing older, my grandparents grow older, too. For years Nagyi has been abetting Papa as he slowly declines into what will be confirmed, later, as dementia. She is so canny, and her personality so forceful, that if any of us suspect that she is covering for him, we keep it to ourselves. The role of neurotic, fussy Jewish mother — and grandmother — is culturally prevalent; she leans into it hard. Another joke of my father’s: “A Jewish mother gives her son two ties for his birthday. He comes down to breakfast the next day wearing one of them and she says, ‘What, you didn’t like the other one?’”

At Seder we still play out the ritual of hiding the matzo, though in increasingly obvious hiding places, and increasingly it becomes obvious that he genuinely cannot find it. We all love this man: the strength of his back, his too-strong hands, his ability to fold laundry impeccably, a relic of his days in schmatte. I love him achingly, although for a long time now I have understood the undercurrents of earlier years; my mother’s tension headaches; the things that were said when my father married out. When my mother offered to convert, Dad threw a fit; his parents would accept her as she was, or not at all. But it put us, as children, in a precarious situation.

Papa’s memories, long repressed, begin to come to the surface. Nagyi has made an oral history for a friend’s daughter’s PhD, but now I steel myself to interview her, for my first book chapter, a published work; I think, mistakenly, that I can do the work of honoring this chapter of her life in five thousand words, over two afternoons. I want it out of my system, where it has taken up residence like a ghost. It is not my story; but it is in my body, it is in my blood.

Nagyi’s sister Ann joins us, and the two of them prompt each other, speaking rapidly in Magyar. What I learn has already come out in dribs and drabs, in offhand comments over the years. That the bodies were piled so high that after a while these piles began to seem ordinary. That they stitched gold stars to their lapels and slept bone-weary and cold on cots in the “good” ghetto, and were not lined up and shot into the Danube, and were not raped, they stress, not by the Hungarians, not by the Germans, and not by the Americans, who, in their jubilation and recklessness, may have been the cruelest of all.

Papa, though, has never spoken of the war. I only have the barest outlines: a Russian labor camp; the fact that his sister died in Auschwitz, that he has never said her name. He is gentle with our dog, but gets skittish when he hears him growling; I see him cringe almost imperceptibly, a reflex that goes against everything he knows about Alex’s fierce allegiance to all members of our family. A labor camp, dogs, and the fact that there are virtually no Jews left in Kisvárda today; these are the dots I try not to connect.

***

My life out in the world is everything I want it to be, but sometimes my child self catches up to me, anxious, nauseous, wanting so badly to please. I try to ignore this sense of being doubled, being always followed by a sadness I can’t explain. If my childhood was happy, and it so very often was, then how did the sadness get in?

There is no room in the story of a richly nourished and nurtured childhood for this sadness. There is no explaining why, even as a very young child, I am sometimes paralyzed in the night by a wash of loneliness so powerful that by morning I have buried it deep within me. The child psychologists I see, usually for only three or four sessions and only every two or three years, find nothing wrong with me other than a tendency to worry and the usual signs of giftedness. I am enrolled in extension programs, my parents hoping, I think, to burn off some of this anxiety through intellectual stimulation, in the same way puppies exhaust themselves into contentedness at the dog park.

Nobody at this time mentions the concept of intergenerational trauma, much less epigenetic history. Somewhere in California, Mike’s father is working on the supercomputer that will finally map the genome. DNA is an exciting new frontier, but its applications are still thought of as physical, not psychological. It is only as an adult that I encounter the idea of histones — those protective, elegant proteins cushioning the gene — and the research that demonstrates methylation and histone modification altering the behavior and memory of laboratory mice.

There is a famous experiment involving mice that were trained to fear the scent of acetophenone, a compound associated with the smell of cherries, by being given electric shocks. Their pups and even their grandpups were introduced to this smell after they were born, and showed a marked trauma reaction, having never experienced an electric shock or smelled or seen a cherry. I think about this a lot.

In human behavioral studies, the children and grandchildren of Holocaust survivors — the largest study population easily available to Western researchers — have been found to be demonstrably more resilient or, on the contrary, more vulnerable to stress than others. There is “a chemical coating upon [our] chromosomes, which would represent a kind of biological memory of what the parents experienced,”1 one researcher writes, and I wonder again at this doubling: What makes some become more resilient, some less?

I do not tell any of my child psychologists about the fact that I see ghosts; they disappear in the daytime, and I feel foolish for having believed in them. But sometimes late at night, in the space between waking and sleeping, I am seized with fear, terrified to move my arms or legs; my skin becomes hot, my heart beats erratically, and I become hypervigilant, because I am sure that I can feel a cool breeze on my face, or a presence in the room. It is not sleep paralysis, which I learn about later, because I can move my limbs, I am simply too scared to, and my mouth tastes like bitter almonds as the fear slowly ebbs away.

In my late teens, there are days when I can barely leave the house for thinking about the world; days when I stand paralyzed in the kitchen doorway for half an hour, unable to eat because the choice between toast and muesli is fraught, and something catastrophic will happen if I’m wrong. I no longer open the mail and the electricity to our sharehouse is cut off; the ghosts have become internalized now, they are dybbukim. I can no longer see them, but they still have the terrifying ability to grab me, without warning, and hold me in stasis.

I am 18, 19, 20, and I have still not learned to drive. My grandmother learned at the age of 46, I tell myself, there is no rush, I have plenty of time. On my long legs, I stalk vast swaths of the inner north, trying to exhaust myself on the nights I cannot sleep. The truth is I am petrified of getting behind the wheel; of the strength and power of a ton of metal beneath the touch of my hands and feet, of the compulsion I can feel when I’m only imagining driving to swing the wheel, drive too fast, cause a crash deliberately. I am not safe and I can’t feel safe. And so the soles of my feet get worn and tough, pacing and mapping the suburbs under dim electric lights.

***

To my grandfather, education is a priority above nearly everything else. Part of it, I am sure, comes from the fact that, due to his family’s poverty, he never got to pursue a higher education. Part of the thirst for knowledge undoubtedly comes, too, from the Jewish requirement to study and learn from the Torah; from the long, five-thousand-year-rich Jewish oral-history tradition that kept the faith alive under multiple occupancies, Europe and Africa over.

Knowledge, for the Jew, is spiritual; hunger for knowledge is spiritual. This is as close to any religious tenet that I absolutely believe.

But there is knowledge and there is knowledge. It is true that some things seem permanently etched somewhere inside me, often forgotten for years and then retrieved out of nowhere: the sound of Nina Simone singing “Break Down and Let It All Out”; the fairy tales I absently tell Owen; my father’s shoelaces, looping around each other as Olivia stealthily ties them together at his feet. He is sitting in his spot on the old brown leather couch, its arm worn thin over a deadly wooden block that is ready to catch you on the side of the hip as you fling yourself into the chair. The footy is on and Dad is reading a newspaper—he claims he can read and watch at the same time. At his right is a glass of scotch and an opaque white plastic Tupperware container, a cylinder that is labeled with the word ALMONDS in text that is wearing faint. Olivia ties his shoelaces together and then sneaks off, holding her mirth in, as one of us other girls flops across Dad’s shoulder and reaches for the remote.

I can remember this; it is vivid and clear as day, but my brain is already busy working, dismantling the memory, peopling it with alternating sisters or changing out clothes. Is it the mustard or the red-and-blue-striped jumper he is wearing? Is Alex, our beautiful big schnauzer, flopped at his feet? And what is it he’s shouting at the television? It is probably a variant of “Round the neck!” or “Come on, umpire!” or “That’s gotta be 50!” — phrases of pure ocker that slip out from time to time from a place of deep assimilation.

It always makes me laugh to hear them, though I know he has earned the right to call the umpire a bloody white maggot. When he stands around the barbecue with my mother’s brothers-in-law and says things like “Strewth!” and “Kenoath!” I know he is hamming it up, but it is also a proof of something: an affection and warmth that broaches difference; a shibboleth of belonging.

I do not want to take these things away from him. I can feel my mind always picking away at something, unbuilding and reconstructing it. It is the only way I know. Knowledge for me does not mean facts, and a thing is never done and dusted, and constantly questioning is exhausting, but I cannot turn my mind off. I am as tiny as a quark or an atom; if something appears to be solid, I still slip right through it, and it is hard to settle comfortably into ever staying in one place.

***

It doesn’t escape my attention that everyone in Monkey Grip is white, or that at the parties I go to, few people didn’t go to private school. We may have pissed off away from the values of our parents, but we are still, inescapably, products of our environments.

I settle down to write my thesis and try to come to grips with some of it, the morass of existence, searching the work of four poets for some link between the violence in their work, the fractures of their language, and their attitude to the land for some clue that will prove illuminating, and settle some of my anxieties. I am trying to resolve the settler-colonial problem, by myself, in a poetry thesis that no one will read. The poets I examine are settler-colonial or migrant; including Indigenous poetries will blow out my word limit by three or four times, but I still loathe myself for this exclusion.

When I visit my parents’ house my dad and I resume our conversations, which over the years have become arguments, pitched battles, as I move away from his particular worldview. In moments of quiet, we are still each other’s best friends. Walking together, sitting and reading, there is a current owing between us that comes of a mutual love and understanding of who we are aside from our thoughts.

But neither of us is the kind to bite their tongue, and the arguments, left off, will always be resumed. He thinks I am a Pinko-Commie-Greenie bleeding heart, and I say of course I am, that that is the heart’s function, to pump blood, to power the whole machine through its bleeding. He baits me persistently, and my sisters sink into their chairs as we begin, quietly at first and then with raised voices, to go over and over ground that neither of us will cede.

What infuriates me the most about these debates is that I can never seem to win. My father, with his scientist’s ability to learn by rote, has a vast storehouse of facts that sound extremely dubious but that I can’t refute with analysis, which is my strongest tool; his reach is vast, there are statistics to back up everything. I still cannot memorize a phone number, or quickly add up a bill. I get lost amid a wash of numbers I am sure are being construed wrongly, and cannot seem to right them.

I know, intellectually, that it is better to be stymied at every turn by someone you love and respect than by someone you loathe and fear. There is never any nastiness in these arguments, but still they get beneath my skin.

“Look,” my dad says, “there have always been fluctuations in climate. Look at the Ice Age. When you say ‘the hottest June’ on record, yeah, well, we’ve only been keeping records for a hundred years! It’s hubris to believe that humans can change the climate.”

“Jesus! It’s hubris to believe we haven’t!”

When I get to the point of hollering, my mum steps in. This isn’t rhetorical, I think wildly, this is really happening. I cannot stop thinking about the melting ice caps, or a teenager standing in line in the hot sun on Nauru, waiting for hours for a single tampon while the blood trickles down her leg. My grandparents walking through a field to get to the border, bribing a Russian guard in the dead of night.

One of my father’s mantras is “There are no new jokes, just new audiences.” Another is “Never spoil a good story with the truth.” The two of them, together, seem to form an unassailable fortress. Another favorite saying, when we were children, and blocking the television: “Honey, you’re a pain, but not a pane of glass.” Sometimes at dinner, I do feel like a pane of glass. The things that are so self-evident to me, the things I fight for, believe to be compellingly true, fade away to hazy transparency at his unwillingness to budge.

***

It is not just the climate, it is not just asylum seekers, it is not just gay marriage — for which Dad deploys reasoned arguments based on respecting the official process by which he himself came as a refugee, and for further entrenching a division of church and state. I can hurl ideology at my father as much as I want, but it won’t sway him over, and I cannot resolve the party lines that are drawn within my body, through the fact of my being.

It is the whiteness, precarious and volatile. It is the Jewishness, to which I am officially denied a claim but with which I identify so strongly, in memory and in blood. It is the fact of my dad having married out, having never taught me Magyar, though I pestered him to as a child. It is the fact of an assimilation so rapid and successful that within a generation, for the most part, we have forgotten that Ashkenazi Jews ever were anything but white. In America and Australia and Britain, we have left behind the fact of being “ethnic,” blending so successfully with the general population that we are no more noticeable than flies.

I read about William Cooper in one of Gary Foley’s papers,2 a historical figure I had never heard of before; a Yorta Yorta man who saw Europe’s Jews as kindred:

In November 1938, throughout Germany a major Nazi pogrom was conducted against the Jewish community. This notorious event was dubbed kristallnacht and signalled a dramatic upsurge of violence […] Less than one month later, on December 6th 1938, on the other side of the world, a Victorian Aboriginal man, William Cooper, led a deputation of Kooris from the Australian Aborigines League, in a visit to the German Consulate in Melbourne where they attempted to present a resolution “condemning the persecution of Jews and Christians in Germany.” The Consul-General, Dr. R.W. Drechsler, refused them admittance.

Like the Jews, Indigenous Australians were rounded up, incarcerated, subjected to eugenic experimentation — though the latter came, for Indigenous people, not at the hands of a single demonic figure like Mengele, but through a state-sponsored program of child removal designed to rescue the light-skinned and breed out the rest.

In the way in which you learn about something for the first time, only to have it arise again almost immediately, I hear through a Jewish friend about a playwright, Elise Hearst, who is writing about this incident. It is being co-authored by one of Cooper’s descendants, Andrea James, and swiftly turns from a period piece to a metafiction; the threads are so entangled between James and Hearst, and the relationship so complex, that the two women wind up onstage as actors, re-enacting the fraught lines between them; their bloodlines, the history of their ancestors, the stories they carry in their skin.

When the play is staged, I cannot make it, but I listen to excerpts on the radio thirstily. I have never heard anything like this before, and yet it seems deeply familiar, as though dredged out of my body and my brain. It is comic, it can’t help being comic, as when Andrea, lightly fictionalized, confronts Elise about the fact that a white actor is playing a Tamil ancestor:

ANDREA: First all you white people nearly exterminate us, then when there are virtually no roles left for black people on stage and TV, you want to take our roles, too!

ELISE: I’m not a white person!

ANDREA: Aren’t you?

ELISE: No! I’m Jewish, I didn’t do that stuff to your people. In fact I empathize with your suffering. Didn’t you see me in that last scene getting hurled into a garage, beaten and degraded?3

I’m not a white person. Aren’t you? In Hungary, where István the First declared that to become Catholic was to become part of Europe, and where Jews and pagans were ostracized, uncoupled from national identity by their refusal to convert, we weren’t white; in the beginning decades of the 20th century, where race and ethnicity were entangled in a hundred different ways, we weren’t white. Under Hitler’s fictitious and cynical categorizations of the Jews as a race, bound by eugenic claims that would be “substantiated” in horror, we weren’t Aryan, we weren’t citizens, we weren’t white.

But when the boat carrying my grandparents and my father crossed the equator, and the hemispheres shifted beneath the waves, a transmutation took place, one that rippled like a tide from the banks of Australia’s shores and back toward them again: “not-white” became, in policy and thought, a less pressing category than “not-black.” In this way, we took our assimilation from visible contrast to a much, much darker race, one that did not yet have full recognition under the law, as European émigrés immediately were granted. To be European became geographic, not ideological; almost as soon as we stepped upon the shores, we became cosmopolitan and the persecution ceased.

If white guilt, as Eula Biss writes,4 stems from the same root as white debt, then the debt I think about is not the small one: the debt we owe William Cooper for extending us the recognition of our humanity, when he himself was denied it by government, was not even let into the building to present his petition, in fact. What I think about is the far, far greater indebtedness we bear, as Ashkenazis, to all of those with black and brown and Asian skins. Because whether we think of ourselves as white or not, and whether or not we desire the privileges and protections of that whiteness, we could only have obtained its protections while the nation’s punitive racial agenda was bearing down elsewhere.

The small debt, to an extent, has been repaid. There is a history of Jewish involvement in the fight for Indigenous rights of which we can justly be proud. But I inch when I think of the thousands of years for which the Jews existed successfully as a diaspora, and the ease by which that diaspora has displaced others in order to survive, not heeding, or deliberately repressing, the damage. To open our schmatte factories and to educate our children, to live safely without fear of persecution, we have taken land that is not ours to take, broken spiritual ties, severed connections to country that can never be restored.

And whether or not it was done in innocence, it makes me burn with shame. I carry that shame in my body, next to my father’s stroppy agnosticism and my grandmother’s survivor’s guilt. I feel it when I think of everything I have gained from assimilation, and everything others have lost. It is the question beneath the question, a plea for absolution. I empathize with your suffering. Didn’t you see me suffering, too?

***

That Jews are reputed to be neurotic, possibly epigenetically, that we are paranoid, that we suffer from persecution complexes, is easy to understand. We have always packed up quietly and left in the night, melting away into the darkness before the bread has had a chance to rise.

Buts the paranoia cuts both ways. Because of our rapid assimilation, because of our ability to mimic and impersonate — the Jews in Hollywood, the Jews in comedy — we could be anyone, anywhere. At the root of countless conspiracy theories we are there, secretly, controlling the media or America or the banks. Like a potato creeper taken for jasmine, or a tomato mischaracterized as a vegetable when really it is a fruit; to be Jewish is to be a simulacrum, so near to the thing itself that you are indistinguishable until somebody looks too close.

After Owen is born, and as I sink swiftly into depression, and am no longer fooling anybody, I walk all over Footscray, pushing the baby and narrating my steps, as suggested by the hospital psychologist; it is supposed to ground you to say the things you are doing at the moment that you are doing them, to narrow your scope to the immediacy of voice and breath. What I think about instead is the land as it must have been just a whisper ago, before the boat carrying my father arrived, before the boat carrying my mother’s ancestors arrived. I wonder what songlines I am tracing as I walk around the river, comforting myself with the fact that I am not fit to carry them anyway, and envy the pakeha women at the park, white New Zealanders, for their casual naming of things to their children: paihamu, rakiraki, kikorangi.

I pace the river alone in part because I have no mothers’ group. When Owen is born, I attend fortnightly health checks with the maternal and child health nurse, making sure that he is okay, although increasingly she turns her attention toward me, using the Edinburgh Postnatal Depression Scale (EPDS), a set of screening questions that gives a rudimentary idea of whether a patient is suffering or not.

The nurse apologizes for the fact that there is no mothers’ group currently available, though I have no actual desire to attend one.

“Usually we would be able to put you in touch with some new mums in your suburb,” she says, “but there haven’t been that many Caucasian women giving birth lately . . .”

And seeing my bewildered look: “The Ethiopian women usually organize theirs at church. And the Vietnamese and Chinese women have their own support systems in place.”

These closed systems segregate us into small parcels — mothers and babies coping with fundamentally similar circumstances in sometimes radically different ways. I wonder about these other mothers as I see them walking toward me in the park, most often with their babies covered by screens or light blankets draped over the front of their prams. The Vietnamese mothers in particular seem paranoid about the sun, barely letting it fall on their babies’ skin. I get told off by an old man outside the market for taking Owen for a five-minute walk to the pharmacy in full view of the sky.

Are these women like me, are they swiftly sinking, too? I do not ask and I do not have the language to ask; in my plummeting state I cannot seem to get my voice to reach beyond the surface of my skin.

***

When I later try to figure it out, there is no clear answer to be found. Cross-cultural studies on the subject are only just coming into being, qualitative research admitted into the study of women’s experiences after years of being considered “fringe.” Anthropological findings from the early ’80s seemed to determine that postpartum mental illness is a Western issue only; that the postpartum rituals of other countries, built around succoring and honoring the mother and newborn child, successfully inured them from disease. But more recent studies suggest that these results came from the fact that non-Western women don’t often conceptualize postpartum sadness and fear as being medical rather than cultural.

The EPDS questionnaire I fill in at the maternal and child health nurse’s office seems so far to be the best study tool cross-culturally, with its ten weighted questions of behavior and mood:

I have been able to laugh and see the funny side of things:

  • As much as I always could
  • Not quite as much now
  • Definitely not so much now
  • Not at all

            I have blamed myself unnecessarily when things went wrong; I have felt scared or panicky for no good reason; I have been so unhappy I have had trouble sleeping.

When the questionnaire is translated into other languages, the responses across study populations are remarkably stable; conservatively, at least one woman in ten scores highly enough on this questionnaire to be considered seriously depressed cross-culturally, with the figure rising to about one in seven when self-reporting is conducted in Western nations. I think about all the women I see walking around Footscray, and the women who would have been forcibly removed from this land once, and their descendants, and wonder how they are coping and whether there is a language for their suffering.

I read Dana Jack, on the self-silencing behavior that comes with severe depression. To the nexus of selfhood and social pressure, she brings the brunt of feminist thought to bear:

Self-silencing is prescribed by norms, values, and images dictating what women are “supposed” to be like: pleasing, unselfish, loving. As I listened to the inner dialogues of depressed women, I heard self-monitoring and negative self- evaluation in arguments between the “I” (a voice of the self) and the “Over-Eye” (the cultural, moralistic voice that condemns the self for departing from culturally prescribed “shoulds”). The imperatives of the Over-Eye regarding women’s goodness are strengthened by the social reality of women’s subordination . . . Inwardly, they experienced anger and confusion while outwardly presenting a pleasing, compliant self trying to live up to cultural standards of a good woman in the midst of fraying relationships, violence, and lives that were falling apart.5

In the time that I am sick, nobody tells me that I am a bad mother. Nobody tells me that my history of depression means that I should never have risked having a child, though I overhear friends talking about the fact that they don’t want their children inheriting their genes, their own illnesses, and I wonder what it says about me that I took this risk so blithely.

I am lucky, if wanting to die is lucky, that my illness is culturally sanctioned by the Over-Eye; it is not just that I am culturally, acceptedly neurotic, but that my face is the face of the suffering women’s canon. Virginia Woolf, Sylvia Plath, Winona Ryder in Girl Interrupted: the tragic and creative white woman is such a well-known figure that our fragility and need for protection is automatically assumed — I know walking out over a ledge that there will most likely be somebody there to catch me.

I know this isn’t the case for everybody, and I know how few resources there are out there. I know that others need this help as much or more, but I have long ago lost the ability to feel shame about my choices. I have my white skin, my eyes that are green from crying, my polished middle-class vocabulary, and my nice home and healthy white child. My whiteness is a tool in my arsenal and I use it for all that it is worth, because it is one of the things that gets me sympathy and attention, and, ultimately, the means to stay alive.

At the same time, I can’t stop thinking about these other women, the ones who don’t have recourse to benign stereotypes, only harmful ones, who are supposed to be better at suffering, or more accustomed to it, anyway. There are women for whom the Over-Eye is judgmental and pervasive, the result of political, physical, and social marginalization that is very present and very real; women who are rightly wary of doctors, whose families expect their constant strength or whose priests simply ask them for more faith in God. And I wonder how they cope and how their children cope.

When I think of these women, I do not wish to speak for them, or over them. I do not wish to speak on behalf of these women, whose communities close ranks around them protectively, who wander by the river with their heads full of clouds or dreams. It is just that the problem goes so far, it spreads so wide. And I feel that at least part of my life’s work is to bear witness.

***

If I try to unravel what became of my Judaism, I can follow the threads back to adolescence, the time when my parents steer me away from it the most.

“We wanted to keep you away from the poetry of it,” my mother says years later, though I can’t remember in what context. For what she and my father intend, it is smart. We always have a Christmas tree and a menorah, an Easter and Seder, and they tell us tolerantly that we can choose what we want to be when we grow up. But all along there is the Father Christmas problem. If you grow up believing in God and are never disabused, that is one thing; but how can you choose to believe if He has never been in your heart?

My Jewish psychiatrist nearly falls out of his chair laughing when I ask him about this. “You don’t have to believe in God!” he says. “Of course you can be a secular Jew.”

I am in my late 20s, and it is almost the very first time I have heard the term. With all of my busy analyzing and unpicking and deconstructing, it has still never occurred to me that some of the things I learned before I knew what they meant were wrong.

Mostly I long for the consolation of a foundational good act. A bar or bat mitzvah is essentially this — an agreement with the community and God to obey law, which is knowledge, and to be responsible for your actions; to perform mitzvoth — good deeds — in order to enrich the community and prepare the world for a more holy day. It is also your responsibility to atone, on Yom Kippur; without a dedicated day of atonement I find I get wrapped up in grieving, with a sense of furious helplessness, the things my white skin and good education and enough money represent.

There is no such thing as “good enough,” I suspect, because “good enough” is a state of grace. I don’t know if I will ever stop feeling as though I am a double agent. That is the privilege of passing; it makes you invisible. In Australia, far from the rest of the world, it can feel like an academic argument, but I look at the rise of anti-Semitism in Hungary and in Poland, and the voters who rally behind American presidential candidates with white supremacist slogans and tattoos,6 and know that I might not be able to hide in plain sight forever. And I wonder whether the fact that I can and that I do makes me cowardly, or craven, or just pragmatic, and tired of arguing.

***

Today is Rosh Hashanah, and I think of my grandfather, lightly, as I walk through the blossoming backstreets. Rosh Hashanah, the New Year, marks the day Papa died, after a long slow week in which we all gathered around him. Today, front yards are over owing with bloom, little buds trusting that the thin warmth of early September sunshine will strengthen and nourish their transition into flowers.

I have trouble remembering the actual date of Papa’s death; the Jewish holidays oat, they are not stable signifiers. I try to learn the turn of the year by the natural world. Here in Kulin country, Melbourne, the year hinges on the turn of the seven seasons, and the two overlapping seasons of food and fire. Iuk (eel); Waring (wombat); Guling (orchid); Poorneet (tadpole); Buath Gurru (grass-flowering season); kangaroo apple; Biderap (dry season).7 There are life cycles that are closely observed, times of scarcity and of abundance. It seems infinitely more sensible than our imported calendar year, with its public holidays for Christmas and Easter, horse races and football matches.

The law says that any branch overhanging a boundary is a common good; it is the rule of summer harvests in the inner suburbs. For years, Mike thought that I was brazenly stealing lemons and pomegranates from our neighbors, not understanding how the system worked. Now I gather armfuls of the natives that have presaged the blossoms in their confidence. I take a sprig here, a sprig there. By the time I arrive home, my arms are over owing with wax and prickly wattle.

Before my grandparents bought their house, its land had been part of a large, sprawling orchard. Deep root systems connected the earth between their backyard and the neighboring yeshiva. Now my mother is making over the garden in rambling color, overwriting its history, once again, with olive trees, a fig, kitchen herbs, and a jacaranda.

Those growths and overgrowths are a wind blowing a few fragments of sand across the surface of a rock, nothing more. In the long view of history, I know that I am an ant, and this thought is oddly comforting. But of course, it’s just a theory that time travels in one direction, or “travels” at all. It’s funny how linked the language of the passage of time is with the idea of heading elsewhere, journeying, meandering — how shot through with the logics of motion.

I find, too, that to write about walking is to come across all kinds of metaphors involving feet and shoes. A lot of them are to do with independence: to pull oneself up by one’s bootstraps, for example, or to stand on your own two feet. Others have to do with empathy: to put yourself in someone else’s shoes, or walk a mile in them. But the one I keep coming back to embodies the ambiguity and ambivalence of my own position, with its undertones of split allegiance. It is that I have a foot in both camps.

When I open my computer after getting home, I find an op-ed an American rabbi, Gil Steinlauf, has written for The Washington Post, adapted from his Rosh Hashanah sermon. In it, he calls on Jews to abandon their whiteness, having gained everything from it, in order to be representative of a God invested in equality and tolerance. I am struck not just by the extreme clarity of the message, but by his positioning of the feeling of living in an existential border territory as being innate to the work of being a Jew:

Through the centuries, our moments of power have been all too fleeting. Mostly, our hope has been to be tolerated. From our place at the periphery, we have responded always with the ability to critique injustice, to adopt the cause of the oppressed, to envision a better and more just world. Even in times when we participated fully in non-Jewish societies, we always knew that we stood with one foot in the mainstream, and one foot outside.8

It is idealistic, but it is the kind of idealism I clutch on to, in order to keep myself and my treacherous body in check. As I get older, I think sometimes about finding a Progressive congregation, perhaps with a radical feminist rabbi, someone to talk to about this feeling of always encompassing division of some kind. I want my son to grow up feeling Jewish, whatever that is; but not the unwavering Orthodoxy of my grandfather, nor Dad’s symmetrical intolerance of its excesses.

I want Owen to grow up with a sense of being something other than male and white, not just for political reasons but because there is something else, innate to me, that I still struggle to express. I want him to sit at a Seder table waiting nervously to stumble his Hebrew and ask the four questions, and to learn that our bread is flat because, fleeing as slaves, there was no time for it to rise; that we eat bitter herbs to remind us of the bitterness of slavery; that we dip our food in salt water, then honey, to symbolize the replacement of our tears with gratitude for the sweetness of our freedom; that we recline on our cushions because we can do so — we are free.

Because Dad is so contrary, he has named himself as a grandfather not Papa, but Opa. “A German name!” says my grandmother in disgust. “It’s what Greeks say as they smash their plates,” he tells her in response. Occasionally we still take walks together, him pushing Owen along briskly to set the pace. Our conversations are more mellow now that I have a child, and now that he has seen me go to a place of sheer helplessness, where I am not equipped with stinging barbs or witty replies. There are still small barbs — things don’t change entirely — but they are little barbs of love that bind me to his side.

On the days I work, I take Owen to my parents’ place, and he and my mum romp and play, and often visit Nagyi in her small flat. After her own fall, she moved out of the house, which my parents are renovating so that she can return when the day comes, with a chair to take her up and down the stairs. Owen learns to walk more or less in the corridors of Sheridan Hall, leaning on Nagyi’s Zimmer frame for support as he stumbles over his feet.

Mum sends me proof-of-life photos during the day. When Dad gets home he sits in his customary place on the couch, and Owen wiggles up beside him. From time to time I receive a photo of them sitting side by side, Dad eating his almonds and reading the paper, Owen “reading” a book of his own. In the background, I know, at a low hum, the footy is on. Owen snuggles into Dad, into the softness of one of his old, ratty jumpers, and I know exactly what scent he will be breathing in, as I know the scent of my son’s milky head. It is the same jumper Dad used to wear in the mornings at least 25 years ago. It is more or less disintegrating into threads now, but no one can convince him to throw it out.

* * *

From The Things That Helped: On Postpartum Depression by Jessica Friedmann, published by FSG Originals on April 10, 2018.  © 2018 by Jessica Friedmann. All rights reserved.

A longer version of this essay appears in Friedmann’s collection, under the title “Walking.”

***

[1] Kellerman NP. “Epigenetic Transmission of Holocaust Trauma: Can Nightmares be Inherited?” Israeli Journal of Psychiatry and Related Sciences 2013, 50(1):33–9.

[2] Foley, Gary. “Australia and the Holocaust: a Koori Perspective.” The Power of Whiteness and Other Essays. Aboriginal Studies Occasional Paper (1). Melbourne: Centre for Indigenous Education, University of Melbourne, 1999.

[3RN Books and Arts. “New Play explores Aboriginal and Jewish Experience.” Segment presented by Michael Cath- cart, May 11, 2016.

[4] Biss, Eula. “White Debt: Reckoning What Is Owed — and Can Never be Repaid — for Racial Privilege.” New York Times Magazine, December 2, 2015.

[5] Jack, Dana Crowley, and Ali, Alishia (eds). Silencing the Self Across Cultures: Depression and Gender in the Social World. London: Oxford University Press, 2010.

[6] The Australian edition of this book went to print around the time of Trump’s inauguration; I am looking at these words, six months later, in order to make revisions for an American readership, and reading at the same time in the news about synagogue services in Texas that have gone underground for fear of neo-Nazi attack. In fact, we do not say “neo-Nazi” anymore; the armies of Trump-styled white men who have assembled in the streets of Charlottesville are named as Nazis, nothing less. It is Rosh Hashanah today, and I am trying to navigate a world in which White Supremacists chant “Jews will not replace us!” as they attempt to beat the shit out of black bodies in full daylight, aware that there will be no consequences.

While the anti-Semitic rhetoric and hatred has come out of hiding, and while it is almost a relief to put an end to the gaslighting, the feeling of paranoia, it is still overwhelmingly black bodies that are most directly affected by physical and structural violence, even when it is our name that is being invoked. The situation for non-Ashkenazi Jews, black Jews, and the Mizrahi and people of color must be almost unbearable. I don’t want to see what the next month brings, let alone the New Year — but I have baked an apple cake anyway, and let my son lick the spoon — and hope that all of us can have a moment of peace, of rest, before the onslaught begins again. L’shanah tova to anyone reading this endnote, and may the work of our next year be an attempt to disentangle ourselves from a hierarchy that offers us only conditional acceptance, and to throw ourselves into a social justice in which black lives matter.

[7] I learned of these cycles as an adult, and immediately wondered why I hadn’t known about them as a child. Owen will have better knowledge, though: the Bureau of Meteorology has been incorporating Indigenous Weather Knowledge into its forecasts since 2002, and now gives information on a dozen weather systems around the country.

[8] Steinlauf, Gil. “Jews in America Struggled for Decades to Become White. Now We Must Give Up Whiteness to Fight Racism.” The Washington Post, September 22, 2015.

Finding the Soundtrack to My Desert Life

Photo courtesy the author, notes via Shutterstock

Aaron Gilbreath | Longreads | April 2018 | 30 minutes (7,571 words)

After I transferred from the university in Phoenix in late 1995, I kept myself in motion so compulsively that I barely got to know my new town. I biked to class. I hiked after class. I ditched class to hike during the week and drove all over Arizona’s rugged southeastern corner to hike the whole weekend. Half a year passed during which I spent as little time in my sad, lonely apartment as possible. I didn’t know anybody in Tucson, and I didn’t want to — not yet. My previous friendships had only helped me turn myself into a pothead. And yet I couldn’t stand to be alone and sit still either. Struggling with my isolation and anxiety about life, I tried to work through my twitchy misdirection in the border region’s dry mountain forests and lowland deserts, taking advantage of the long highways that gave me time for silent contemplation at 75 miles per hour.

Madera Canyon in the Santa Rita Mountains, Sycamore Canyon in the Pajarito Mountains — in those first Tucson months, I saw more of this rugged landscape than many University of Arizona students did in four years of college, yet I never really saw my new city for what it was, because I didn’t take the time. I only saw the land around it.

***

I was restless at age 20, lost, searching for something beyond my reach and always beyond my understanding, some cosmic insight and career path that Mother Nature’s vast deserts seemed capable of offering in a way cities could not. I’d smoked too much weed during the previous three years, and I was trying to quit in order to find my calling. Sitting still meant dealing with temptation; hiking kept me on track. I read a lot of ecology and nature books back then, and what compounded my avoidance was my belief that the wilderness held the answers to all of humanity’s questions — from the meaning of life to cures for cancer to an objective sense of right and wrong. I still believe in wild nature, but in my young, confused Thoreauvian worldview, urban areas were cancerous “man-made” places to escape, not savor, so I fled Tucson every chance I got, just as I had fled Phoenix the year before.

Phoenix was bland. It had a Taco Bell personality. Tucson had a singular, authentically Sonoran Desert character that evolved from its origin as a military outpost in Spain’s old northern territory, then developed in the isolation resulting from Phoenicians’ dismissal of the city as a backwater. People nicknamed it the Old Pueblo. Even before I moved there, I could see the Old Pueblo’s superiority. Prickly pear cactus grew as tall as trees. Roadrunners climbed ornamental palo verdes in the middle of town, and the lonely howl of passing trains rang throughout the night. Many streets had no sidewalks, just as many houses had no lawns. The plaster on old buildings peeled to reveal straw in the adobe bricks underneath. It was as if the city was letting you see who it really was.

Phoenix looked as engineered as Las Vegas, or worse, like bad cosmetic surgery. Central Tucson looked like an extension of the desert, natural and spacious and endearingly shaggy. I could see this when I arrived, but my philosophical views let me rationalize my unwillingness to really appreciate it; it was a city, natural-looking or not. Only when I discovered The Shadow of Your Smile, an album by a band called Friends of Dean Martinez did I finally quit running long enough to find something to value about urban Arizona, besides Mexican food and live music. I’d learned to use cities as basecamps for outdoor excursions. This instrumental steel guitar band helped me stay put, because its cinematic cowboy lounge music matched the personality of this Spanish colonial city. When I started looking at its beauty as equal to that of wildlands, I not only started feeling at home in my city, but also in my own body, and I found my sense of direction.
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The Strike: Chemicals, Cancer, and the Fight for Health Care

Ian Frisch| Longreads | April 2018 | 32 minutes (8,040 words)

When 59-year-old Jack Mack wandered from picket station to picket station to ask the Question, he tried as best he could to ease into the conversation. He didn’t want to scare anyone off. It was two months into the strike, and tensions were high. “You know, we handle some pretty nasty stuff in there,” he’d say. Or, if the guy was older: “C’mon, you’ve been here as long as I have! You know everyone!” Sometimes, if he already knew the person, he’d cut to the chase: “Wasn’t there a guy you worked with down there that was diagnosed with cancer a few years back? Did he make it through?” If they didn’t answer, staring instead at their steel-toed boots, Mack would lean in and say, “You know, I’m sure you heard, but I was diagnosed with cancer myself. Beat it, but — you know.” Then he’d turn toward the sprawling complex across the street — the site of the only job he’d ever had — and nod, adjusting the cap perched on his head. “Yup. Forty years.” He’d inhale deeply, nearly a sigh. “That’s a lot of hours around those chemicals.” He’d shake his head, unsure if he should blame himself or Momentive Performance Materials, the chemical plant in Waterford, New York, where he had dedicated so many years of his life.

Like Mack, many of the employees on the picket line had worked at Momentive for decades, and while they didn’t know for sure that working at the plant caused their cells to metastasize, the workers certainly knew of the inherent consequences that stemmed from handling carcinogenic chemicals on a day-to-day basis. That fear of a link is what troubled Mack and his cohort, and it’s why in November 2016, nearly 700 unionized workers at Momentive went on strike, protesting what they thought was an unfair contract — one that pushed for more expensive and restrictive health insurance for workers and the elimination of health care for retirees altogether, “many of whom,” according to leaflets handed out during the strike, “are suffering from job-related illnesses caused by exposure to dangerous chemicals.” For decades, the workers had mixed and churned chemicals in a variety of forms to produce an endless array of products, which included specialized goods such as F14 fluids and rubber stoppers on syringes along with items encountered on a day-to-day basis like exterior coatings for soft drink bottles and the rubber used to manufacture nipples for baby bottles.

Now, though, those same workers were walking out for the first time, and the union outfitted a defunct hot dog shack across from the plant into a headquarters. Nearly all of them had been picketing the plant’s nine entrances 24 hours a day, powering through snow squalls, huddling around burn barrels for warmth, trudging through slush puddles.

rattman_2017_01_23_L1020435

Union strikers around a burn barrel outside Momentive’s Water Treatment Facility. (Jonno Rattman)

On the picket line, in rare close quarters with men who worked elsewhere in the massive plant, Mack learned his coworkers’ stories. He took a few minutes out of each day to ask strikers if they’d had cancer or knew anyone who did. Sometime after Christmas, Mack had started jotting down the names — current and retired, dead and alive.

He kept the handwritten list folded up in his jacket pocket, adding new sheets as he collected new stories: six pancreatic cancers, seven bladder cancers, nine brain cancers, 11 throat cancers, 18 prostate cancers — spine, skin, stomach, and more. While these are cancers that do afflict men of a certain age—according to the American Cancer Society, one in nine men will be diagnosed with prostate cancer—the diagnoses outpace certain national averages. Brain cancer afflicts .006 percent of adult males, far below the roughly 2 percent of the strikers with throat cancer whom Mack surveyed. By mid-January, he had 85 names. Many of these men had worked in the plant for more than 20 years, which meant they’d tallied up decades of exposure to dangerous chemicals. (Of the scores of men on Mack’s list, I’ve independently confirmed the cancer diagnoses of two dozen, through interviews with either the men themselves or, in the case of 11 who died, with family and friends.) Mack himself had long known coworkers with cancer. To him and other employees, it was almost commonplace to know a guy who had been diagnosed. “Three other electricians I worked with in waste treatment also have cancer,” he told me. “Long-term exposure — in some of these buildings, there’s no way you can avoid that.” Mack, an electrician who works on the machines that process the plant’s chemical waste was diagnosed with prostate cancer in 2014. His brother, who also works at the plant, was diagnosed with tongue cancer the next year. Their father, who worked at the plant for 36 years, died of cancer in 1994.

Mack’s oncologist, Dr. Kandasamy Perumal, who specializes in urology and has operated a practice in nearby Troy for 35 years, is no stranger to cases like his. “As time went on, more and more people came from that area with instances of malignancy, rather than Troy or Latham or other towns. My practice sees comparatively disproportionate numbers of tumors from people who live in Waterford and Mechanicville,” he said. “But do we know if they all worked at the plant? I don’t know for certain,” he added, explaining that his practice is not obligated to collect workplace information from patients. Momentive said that it was unaware of any chronic health problems among employees as a result of exposure to raw materials, and that their well-being is its highest priority. “The company takes all necessary actions to ensure strict adherence to all federal and state health guidelines,” said a Momentive spokesperson.

There were risks in taking on this kind of work, Mack knew. So did many of the men whose names were folded up in his pocket. But there had been some promise of security at Momentive, a belief that their jobs would take care of them — a good living, a secure retirement, health care. Today they’re not so sure. After the plant was acquired by a private equity firm in 2006, things took a dark turn. A decade of control by Wall Street brought pay cuts and a litany of increasingly rancorous labor disputes — culminating in the massive strike.

When I visited Momentive in January 2017, workers sat at the booths inside the hot dog shack wearing camouflage jackets, reading newspapers, drinking coffee, and eating hot dogs and stale pastries. One checked in picketers who, after nine weeks on the line, were eligible for unemployment. They were also paid $400 a week by the union. The 104-day walkout began November 2 and ended February 14, and during that time these men were constantly on edge, both about the security of their job but more importantly about the precariousness of the benefits they desperately relied upon. The men were on strike for many reasons, but high-quality, affordable health care was their main concern. It was what they needed most.

Bill Tullock, a 55-year-old senior advanced control operator, whose doctor had found a tumor in his throat during an endoscopy for acid reflux in 2015, maintains that he’d never have gotten the routine procedure that led to his cancer diagnosis without Momentive’s old health insurance. At the time, his annual deductible was $500; now it’s $3,500. Tullock doesn’t solely blame the plant for his cancer, but he’s adamant that were it not for the generous coverage, he’d never have known he was sick.

“I dodged a bullet,” Tullock said of his battle with cancer, which, thanks to the low deductible he paid courtesy of his previous health care coverage, was caught early. “With the new insurance, I am pretty confident I would’ve never had the endoscopy, and would’ve never known there was a tumor. Then it would’ve spread, and I wouldn’t have known.” Under the new contract, once he retires, he’s on his own. “I dedicated myself to this place,” he said during the strike in January, sitting in the basement of the hot dog shack, holding back tears. “I should have never started working here. And now they are trying to give us this shit insurance and just — what, ‘Go die?’” He rubbed his eyes with the palm of his hand. “Our health insurance is like the final firewall of personal protection,” he said. “It’s all we’ve got.”

Tullock

Bill Tullock was told by his doctor to get an endoscopy in 2015; it turned out he had a tumor in his stomach. Jack Mack sits down with his list of sick workers while on a break at union headquarters. (Jonno Rattman)

The men who’ve worked at the plant for decades and battled cancer — whether they think it’s from the chemicals they handled or not — now face a task familiar to millions, one from which they thought they had a reprieve: They must either sign up for the company’s onerous coverage or fend for themselves to get health insurance, with costs varying widely through the complicated, cumbersome public exchange overseen by the government — the precariousness of which is compounded by the Trump administration’s promise to gut the Affordable Care Act, leaving workers in an even more fretful state of uncertainty.

Like so many Americans, they’re threatened by a toxic triumvirate of lax chemical-safety regulations, costly health coverage, and growing pressures on Wall Street to perform — the latter of which has forced businesses to perform under expectations that set them up to fail, with employees taking the brunt of the downfall

The decade of private equity ownership had gradually worn down a generation of workers, stoking a divide between those who would be taken care of and those who would go without. “Sacrifices were made with the expectation that we would get adequate health care when we retired,” Mack said. “If you are going to work in environments like this, you are going to need affordable health care.” The strike marked dividing lines between worker and owner and financier, but it also revealed a rift so deep that it was often left unspoken: What do American workers owe to one another?

***

Waterford, New York, is one of a cluster of manufacturing towns situated north of Albany, where the Mohawk River joins the Hudson. It blossomed into a factory hub as early as the mid-1800s and was known for its paper mills. A reported stop on the Underground Railroad, it was even visited by Alexander Hamilton and Frederick Douglass. Drive into town from across the Hudson and you’re greeted by a memorial to Waterford’s veterans, including men who fought in the Revolutionary War. Keep driving north on Route 4, past the village center, and the Momentive complex flanks both sides of the road, sprawling across an 800-acre plot.

The town greeting in Waterford, New York.

The town greeting in Waterford, New York. (Jonno Rattman)

The chemical plant is one of Saratoga County’s largest employers. First built by General Electric in 1947, it anchors the region both economically and culturally. For decades, the plant with its hundreds of union jobs offered its primarily male workforce a stable, middle-class kind of prosperity, one where high school graduates could eventually earn a six-figure salary. There was a sense of local pride: The soles of the boots in which Neil Armstrong took his one small step were made of silicone rubber manufactured here. “If you’re from here, this is where you work,” said Vinny Anatriello, a third-generation employee. “And if you don’t work here, you work in the school where all the guys’ kids go to, or you work in the doctor’s office where the guy’s sick wife goes, or you work in the grocery store.”

It’s no secret to the workers that materials used in Momentive’s Waterford plant can be dangerous. It’s been this way for decades. The plant sources silicone ore and, through reactions with various chemicals, produces materials used in consumer products ranging from shampoo and medical equipment to caulking and car parts. Numerous longtime workers say that the current operations use dozens of toxic chemicals, among them benzene, lead, mercury, and hydrochloric acid. The waste it has produced over the years — over 11.4 million pounds in 2015 alone — has at times included more than three dozen toxic chemicals, 11 of which are carcinogens, according to the Environmental Protection Agency.

There used to be even more, workers say, decades ago when GE owned the plant. Numerous workers said that until the early 1980s, they cleaned their winter coats with pure trichlorethylene, now a known carcinogen, and used fiberglass and lead as fillers in chemical mixtures. For some processes, they weighed out raw lead by hand. “Back then we’d scoop it like it was salt,” said George LaMarche, 65, who retired in July 2017 after 44 years at the plant and whose doctor is closely monitoring his elevated prostate-specific antigen levels — potentially an early sign of prostate cancer. “We never wore any protection for that.” In a statement, a Momentive spokesperson said that the company provides all its employees with protective equipment, extensive training, and instructions in how to properly handle the materials they work with: “When employees act in accordance with the policies and procedures Momentive has in place, potential risks are mitigated.”

Millions of American workers are exposed to carcinogens, or possible carcinogens, according to the National Institute for Occupational Safety and Health, the division of the Centers for Disease Control and Prevention that researches and investigates workplace safety and health. In 2012 alone, upward of 45,000 diagnosed cases of cancer — and, since the agency is still investigating and uncovering potentially carcinogenic materials used by the American worker, perhaps twice that many — were caused by past workplace exposure. On average, nearly eight times as many people die each year of diseases acquired on the job as die from injuries sustained on the job.

He kept the handwritten list folded up in his jacket pocket, adding new sheets as he collected new stories: six pancreatic cancers, seven bladder cancers, nine brain cancers, 11 throat cancers, 18 prostate cancers.

Since 1976, federal law has required all new industrial chemicals to be submitted for review by the Environmental Protection Agency. (Tens of thousands of industrial chemicals already in use were grandfathered in.) But after that initial environmental review, many industrial chemicals — which don’t necessarily have to get tested before being used in manufacturing — may never get a closer look by regulators. Once chemicals have entered the market, U.S. law only requires the EPA to collect data on the roughly 3,700 of them that are used at a rate of at least 500 tons per year. The data collected pertain mainly to their effects on the environment or the consumers of the products they produce — not on the workers who handle them.

“These chemicals are never sent back with actual information from the workplace,” said Jennifer Sass, a senior scientist with the Natural Resources Defense Council’s health program. “The regulations are focused on the end of the pipeline. But you can’t put the genie back in the bottle at that point. People are already affected.”

Updates to the Toxic Substances Control Act, which was amended by Congress in 2016, mandated more pre-market testing for new chemicals seeking federal approval and required the EPA to review already-approved chemicals in widespread use. Ten of the most toxic of those are slated to be tested in 2018, but it’s unclear whether that deadline will be met. (Two of the chemicals have been commonly used at Momentive.) Since then, however, President Donald Trump has promised to scale back regulations broadly and has targeted federal agencies, the EPA chief among them, for sharp funding cuts.

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Momentive Performance Materials, a chemical plant in Waterford, New York (Jonno Rattman)

In May 2017, Nancy Beck, a former industry advocate and executive at the American Chemistry Council (of which Momentive is a member), was selected to become the deputy assistant administrator of the EPA unit tasked with implementing the updates to the toxic-chemicals law. Just two months earlier, she had gone before a Senate subcommittee as a then-executive at the ACC to push back against the review process. According to an investigation by Eric Lipton at The New York Times, the EPA has spearheaded “a broad initiative by the Trump administration to change the way the federal government evaluates health and environmental risks associated with hazardous chemicals, making it more aligned with the industry’s wishes.” This included reevaluating plans to ban certain uses of two chemicals that have caused dozens of deaths or severe health problems: methylene chloride and trichloroethylene, both of which have been used by Momentive employees.

Regardless of these policy reversals, tens of thousands of chemicals that have been in production for decades still need review. The Union of Concerned Scientists, an environmental-advocacy group, estimated in 2015 that it could take 50 years to reevaluate 1,000 of the most toxic chemicals on the market. “Most toxins have not been adequately studied, employees have no tools to act on their suspicions, the companies have a disincentive to learn the full truth about what its chemicals do in terms of health impact, and the government is underfunded and doesn’t have sufficient tools to fully investigate,” said Dr. Steven Markowitz, director of the Barry Commoner Center for Health and the Environment at Queens College. “It’s a recipe for making the health consequences of working with toxic chemicals invisible.”

***

Tim Larson is a tall, broad-shouldered man who wears a musty cap tossed on his head. When I met him during the strike, he carried a megaphone that he used to shout chants on the picket line. His face lit up when he screamed, and his eyes — which seemed to hang out of his skull — bulged even further from their sockets. I stood with Larson most nights while I was there — he held the late shift on the picket line — and he explained that the plant is a complex of various buildings, each housing in a different part of the production line. You’re either breaking down raw ore, reacting the rock with chemicals, mixing together intermediate materials, packing products, or organizing them for storage and shipment.

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Tim Larson steps off a bus before a protest in Momentive CEO Jack Boss’s neighborhood in Saratoga Springs. (Jonno Rattman)

Larson, a chemical operator, began working at Momentive in 1988 when he was 35 years old. He told me stories about the different parts of the plant, including Building 78. This area of the massive plant is home to the Waterford plant’s fluorosilicone manufacturing operations. There, a silicone base is reacted in roughly 100-gallon “dough” mixers at more than 240 degrees Fahrenheit to produce fluorosilicone gum for use in automobile gaskets and aerospace products. (The mixers are also used to produce “intermediates,” which are unfinished products that passed from building to building within the plant, and included different grades of polymers and fluids.) Long-term exposure to seven chemicals used in Building 78, according to Momentive material-safety data sheets, are suspected of or known to be reproductive toxins. Another chemical, Tris(2-chloroethyl) phosphite, is a carcinogen. Workers call the building the One-Nut Club, for reasons that to them seem less ominous than inevitable.

When GE owned the plant, risks from fluorosilicone production had been on the company’s radar since the 1970s. In a “strictly private” 1977 safety audit, a safety specialist said that research had shown that materials created by these processes, when ingested — which could mean breathing in the chemical or having it touch one’s skin — shrank rats’ prostates and testes “and may have similar effects in man.” The specialist also wrote that tests showed that the chemical compound handled by workers was “probably not a carcinogen.” GE performed a similar toxicity review 20 years after its initial testing and analyzed several chemicals used to the produce fluorosilicones. “The data, although not definitive, did not give rise to any concerns over the potential for carcinogenicity,” the report concluded.

“Nobody admits there is a correlation, but we put stickers on the tanks that hold this stuff, saying that it causes cancer,” Larson told me, referring to the warning stickers that California state law required them to affix. (Many of their products are shipped to the Golden State.) “It’s right there in front of you.” 

“After six years, my eyes started bulging out of my head,” he told me, pointing to his face. He was diagnosed in early 1996 with Graves’ disease, an autoimmune disorder that affects the thyroid. “I had to get my eyelids sliced, because I couldn’t close my eyes,” Larson said. He knows he can’t prove a direct link, he added, but he is “convinced that all my autoimmune problems are directly related to working here.” Soon after his diagnosis, Larson transferred to another area of the plant.

The men were on strike for many reasons, but high-quality, affordable health care was their main concern. It was what they needed most.

Other workers voiced their concerns about Building 78. In 1998, a GE-employed research chemist named Herman Krabbenhoft wrote a letter to two operators who worked there, Joe DeVito and Dan Patregnani, explaining that the previous year he had expressed concerns to managers about the vapors released during fluorosilicone operations. Krabbenhoft wrote that GE’s health and safety manager was supposed to have initiated a study of how to measure the vapors’ concentration, but that after a year nothing had been done, adding that he was told by a colleague to “back off on pushing this because it might affect how GE’s managers viewed me and my performance.”

“Herman was on our side,” DeVito said.“He said, ‘Stay away from it. It’s going to kill you.’” Shortly thereafter, DeVito said, Krabbenhoft was fired. (Multiple attempts to reach Krabbenhoft for comment were unsuccessful; GE declined to comment for this article, referring all questions to the plant’s current ownership, who also declined to comment on the specific incident.)

The building’s ventilation system was updated in the early 2000s, multiple employees who worked there said. The system was supposed to be air and temperature controlled. “It never worked, never sealed the room properly,” said John Ryan, who worked in Building 78 at the time, adding that temperatures could reach 110 degrees in the building due to the faulty system. In 2005, Ryan said he filed a formal grievance, asking to spend less time near the mixer, explaining that he didn’t want to be exposed to the hazardous mixture and its vapors. “But nothing changed,” he said. “And they never fixed the dough mixer either. Materials would come out into the air or spill onto the ground. That’s still going on, until this day.” In mid-2017, Momentive installed a second dough mixer to Building 78 to ramp up production, and though the machine suffered at first from issues relating to its packing seal, there haven’t been any recent health-related complaints. (Both the venting system and the initial dough mixer have also been serviced and are reportedly in working condition.)

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Joe DeVito was diagnosed with throat cancer in 2013. He worked in Building 78. (Jonno Rattman)

Now, DeVito said, workers must wear full-face respirators when they clean the mixers, which have to be pristine before the machine can be used to produce another product. The fluorosilicone is so sticky, Larson claimed, that he used to have to climb into the 100-gallon drum and scrape off any lingering substance with a razor blade. “Fluorosilicone is a highly resistant chemical — oil, water, you name it,” he said. “That’s why it is used on gaskets and car bumpers, or in rocket ships.” According to DeVito, “Momentive took more steps for safety over the years,” but the process itself and the chemicals used in it remained the same. Additionally, the company’s material-safety data sheets do not indicate whether the vapors produced from these chemicals are hazardous to humans, despite there being a warning that TFPA vapors, which are highly toxic, may evolve from the products used to make fluorosilicone gums and polymers. “The company raised certain health issues related to the chemicals used in this building, but despite a very incomplete knowledge base, they draw the conclusion that there is no cause for concern,” said Dr. Markowitz of Queens College, who reviewed the documents. “My conclusion would’ve been: ‘There’s a big gap in what we know versus what we don’t know.’ That’s the proper conclusion.”

DeVito was diagnosed with stage 4 throat cancer in 2013, after a bump on his neck swelled to the size of a golf ball. DeVito told me he knows of five other control operators who worked in Building 78 who were diagnosed with cancer. He told his doctor about his decades of exposure to fluorosilicone vapors. “She said, ‘It would take years to prove that it happened from work,’” he explained. “‘Take care of this and just move on.’” His treatment, radiation, and chemotherapy, were successful. He retired in early 2018.

Some workers, like Tony Pignatelli, who worked in the plant for 34 years, weren’t so lucky. Pignatelli was diagnosed with brain cancer in January 2000 and passed away three weeks later. “My dad knew the risks, but he did it because they took care of them with good pay and health care,” his daughter said. “But I can’t even begin to understand what those guys are going through down there now with this new contract.”

***

Employees accepted the risks associated with working in the plant, the backbone of their community, for over half a century. They felt taken care of: stable pay, a sizable pension, affordable and quality health care, good communication with management, camaraderie with fellow workers. But that all changed when GE sold its global silicone operation, with the Waterford plant as its centerpiece, to a Wall Street investment firm in 2006 in a leveraged buyout. “When it was GE, they treated you like family,” Jack Mack said. “After the sale, everything changed.”

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Matthew, Kenny and Vinny Annatriello—father, nephew, and son—on the picket line. (Jonno Rattman)

Apollo Global Management, a private equity firm that manages $249 billion in assets, bought a controlling stake for $3.8 billion, then saddled the corporation (which changed its name to Momentive Performance Materials in December 2006) with $3 billion in financing debt while it collected a $3.5 million that first year for “financial and strategic advisory services.”

Many employees didn’t understand the implications of the sale until 2009, when nearly 400 production workers received surprise pay cuts. Brian Cameron Jr., a 34-year-old second-generation employee, was making $27 an hour as a chemical operator. He had just bought a house in Waterford and a new Dodge Ram pickup the previous summer. “Everything was going good. I paid my bills,” he said. “I thought I was set for life.” Then his wages were slashed to $17 an hour. He eventually took a higher-paying position at the plant, but his debt piled up too fast. “I thought if I moved quickly, I would be able to save my life,” he said. “But it was too late.” He lost his house, gave back his truck, and moved into a coworker’s apartment.

The cuts meant that his coworker Ron Gardner, then 53, and his wife, Donna, could no longer afford the $1,300 monthly payments on their two-bedroom ranch home in Grangerville. “We were struggling,” he said. A few years later, in 2013, they abandoned it and moved into a trailer park in Saratoga Springs, just two miles from Momentive’s current CEO Jack Boss’s $950,000, 4,375-square-foot home. They took out personal loans to pay for a $23,000 double-wide, then used savings and loans from family members to pay for the roof and the lot’s rental fees. Unable to sell their ranch, they filed for bankruptcy and began paying off their new debts.

The local union contested the wage cuts, and 18 months later, in 2010, with their contract soon to expire, Momentive agreed to settle by issuing back pay — more than $50,000 before taxes for some workers — while making the wage cuts permanent going forward. Gardner, Cameron, and others who had lost their homes or been pushed into bankruptcy by the cuts couldn’t turn down the chance to repay their debts. “People were so broke from the wage cuts, they voted yes for that contract,” said local union president Dominick Patrignani, who has worked at the plant for over 30 years and was the chief bargainer during last year’s strike. “They were given no alternative.”

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Ron and Donna Gardner lost their home, then Ron developed esophageal cancer. Dominick Patrignani, president of the local union, is the chief bargainer for the 700 strikers. (Jonno Rattman)

But Momentive wasn’t done. In 2013, the company froze pensions for workers under 50 and those with less than 10 years of service. “Every contract, they slashed benefits and made it harder for me to do what my father did: provide for his family,” Cameron told me during the strike. All of this is par for the course for private equity firms like Apollo. According to a study led by Josh Lerner, professor of investment banking at Harvard Business School, private equity buyouts lead to sizable reductions in earnings per worker compared with traditional companies, as well as modestly greater job loss, with a comparative decline of 4 percent over a two-year period.

“If a private equity firm needs to goose their returns, they will take it out of worker’s compensation — wages, pensions, benefits, all of it,” said Eileen Appelbaum, a co-director at the Center for Economic and Policy Research and the co-author of Private Equity at Work: When Wall Street Manages Main Street. To her, private equity firms only care about one thing: profit. “The fastest and easiest and least controversial way, in their point of view, is to cut compensation. They make a dollar every time they take a dollar out of workers’ compensation,” she said. “Private equity controls management and the board of directors. They can fire anyone at any time. They sit at both sides of the table. There is no one looking out for the workers.”

In 2014, still under Apollo management, Momentive filed for Chapter 11 bankruptcy, trimming its debt obligations from $3.2 billion to $1.2 billion. This is also a familiar tactic for the firm. “It makes sense [Apollo did that] because you create money out of thin air,” said Tony Casey, professor of law at the University of Chicago, who studied the Momentive bankruptcy case. “Apollo is an aggressive investment firm,” he added. “They are not shy when it comes to using bankruptcy to their advantage.” The company announced a public offering three years after it emerged from bankruptcy, but the offering was postponed. When it did, Apollo owned the largest stake of shares.

Taking advantage of bankruptcy courts is also a preferred method of President Trump, who counts Apollo CEO Leon Black as a friend. And while Trump boasts about his dedication to the American worker, the company he keeps deliberately erodes the foundation upon which the middle class is built. In a 2011 interview with George Stephanopoulos on ABC News, Trump said: “If you look at our great businesspeople today — Carl Icahn, Henry Kravis, Leon Black of Apollo — all of them have done the same. They use and we use the laws of this country, the bankruptcy laws, because we’ll buy a company. We’ll have the company. We’ll throw it into a chapter. We’ll negotiate with the banks. We’ll make a fantastic deal. … You know, it’s like on The Apprentice. It’s not personal. It’s just business. OK?”

“Every contract, they slashed benefits and made it harder for me to do what my father did: provide for his family.”

During Momentive’s bankruptcy proceedings, GSO Capital Partners, the credit arm of Blackstone Group, one of America’s largest hedge funds — headed by Steve Schwarzman, who chaired President Trump’s defunct Strategic and Policy Forum — translated its bond investment in Momentive into public stocks, a 6.8 percent stake. (A spokesman for Blackstone said the firm sold its stake in Momentive on August 3, 2016 — the same day union workers voted to strike if a contract agreement could not be reached. The spokesman, however, could not provide documentation of the sale. The spokesman also confirmed that Blackstone senior adviser John Dionne is still on Momentive’s board of directors.)

In 2013, Blackstone had bought a 20 percent controlling stake in another longtime upstate New York employer, then-declining Eastman Kodak, which had already slashed retiree health care benefits and pensions (though the company did restore elements of its pension plan upon emerging from Chapter 11 bankruptcy in late 2013). When Carl Icahn, the recently ousted special adviser to the president on regulatory reform — whom Trump also counts as a close friend — came to Trump’s rescue and retained full control of his Taj Mahal casino through a bankruptcy proceeding, he shut down the operation rather than give the union employees better health benefits. Roughly 3,000 people lost their jobs. “It’s a classic take-the-money-and-run — Icahn takes hundreds of millions of dollars out of Atlantic City and then announces he is closing up shop,” Bob McDevitt, the president of the local union, said in a statement after the closing.

Others in Trump’s family and inner circle have deep ties with these Wall Street operators, whose business tactics, like those being implemented in Waterford, affect middle-class families. Blackstone has loaned Kushner Companies, the real estate empire of Jared Kushner, Trump’s son-in-law and senior adviser, more than $400 million for real estate deals since 2013. The firm is one of the company’s largest lenders. Two months ago, the New York Times reported that Joshua Harris, a founder of Apollo, met with Kushner several times in 2017, at one point even discussing a possible job opening in the White House; by November of last year, Apollo would lend $184 million to Kushner Companies. (While Kushner is no longer CEO of the real estate company and has sold a chunk of his stake, he still reportedly holds properties and other interests in Kushner Companies — those investments are worth upward of three-quarters of $1 billion.) Kushner Companies is also on the clock to pay the $1.2 billion mortgage debt for 666 Fifth Avenue, a 41-story albatross in Manhattan that the company purchased in 2006, which is due February 2019.

Jack Boss joined Momentive as an executive vice president in March 2014, one month before the company filed for Chapter 11 bankruptcy, and he officially became CEO that December. The union believes that Apollo brought in Boss specifically to weaken the union during the next contract negotiation, which was slated for 2016. “They planned this entire thing,” Dominick Patrignani, the local union president, told me. “They knew what they were doing.”

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Dan Patregnani, a union member who worked in Building 78, and the headquarters of Apollo Global Management at 9 West 57th Street in. New York City. (Jonno Rattman)

In mid-January 2017, workers rallied outside the midtown Manhattan headquarters of Apollo Global Management, the private equity firm that had bought their company more than a decade prior. About a month later, members of their parent union, the Communications Workers of America, also handed out leaflets near the White House as President Trump met with Schwarzman, whom he had named an economic adviser and head of the Strategic and Policy Forum during the early days of the strike. (The 16-member group would disband just months after this meeting.)

Jack Mack, the second-generation worker who compiled the list of employees with cancer, trekked down to New York City to participate in the demonstration outside Apollo HQ. He stood with dozens of other workers and supporters, and his hot breath crusted in the frigid air as he called out Leon Black by name. This was the first time I met Mack — the strike had just begun. As the event came to an end and the NYPD began to shuffle protesters off the street, I asked Mack what he planned to do next.

He looked me in the eye and said, “Go back up to the plant and stand out there until this whole thing comes to an end — until we get what we deserve.”

***

The labor negotiations broke down over the summer of 2016, and by August a strike seemed imminent. In early September, 85 percent of workers rejected an offer that would have forced current employees into more expensive health insurance plans and eliminated the much-beloved benefit for future retirees altogether. They officially went on strike November 2. Five days later they voted again, with the same result — they rejected the offer by a larger margin.

Ron Gardner retired on New Year’s Day 2015. He was 61. He’d already lost his home and moved into his trailer, and he’d spent much of the previous summer at Saratoga’s venerable racetrack, watching and sometimes betting on the races. “I won enough to keep going the entire season,” he said, seated at his dining room table, television game shows audible in the background. Soon after he retired, he changed his health insurance on Momentive’s recommendation, switching providers and opting for a plan that was cheaper from month to month but caused his deductible to rise from zero to $3,500. He wasn’t worried. “I had never been sick a day in my life,” he said. But shortly before he retired, right around Thanksgiving 2015, he began having trouble swallowing. “It scared me,” he recalled. “I couldn’t even swallow my own spit.” There was a nearly two-inch tumor in his esophagus: adenocarcinoma, a form of cancer.

Gardner had begun working at GE’s Schenectady plant in 1973 and transferred in 1988 to Waterford, where he held various positions over the years, including the production of chemical mixers for caulking After GE sold the plant in 2006, he worked for more than two years refining chemicals in Building 30, filtering out cloudy imperfections before transferring those same liquids into drums to be sold to consumers. “I often inhaled a lot of vapors,” he said.

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The water treatment facility at Momentive Performance Materials. (Jonno Rattman)

Gloves, Gardner said, weren’t required for the job. According to material-safety data sheets, gloves are required only if a risk assessment deems them necessary. “He would come home covered in this caulking shit, all over his clothes and his hands,” his wife, Donna, said. “It would be everywhere.”

He transferred five years later to wastewater treatment, where he ran presses that compacted hazardous waste into dry, disposable cakes the size of kitchen tables before dropping them into trailers for disposal. He had to clean up spilled waste by hand and scrape out the presses if the cakes didn’t fall properly. The plant, he added, didn’t require respiratory protection for that particular job. “I breathed that stuff in for three and a half years,” he said. By the time Gardner began his last job at Momentive, the white walls of the facility had long turned gray from the dust produced by the waste. “That’s where I think I got the cancer from.”

Starting in January 2016, Gardner began a six-week course of chemotherapy and a month of radiation, paying off the $3,500 deductible in installments. Despite the treatment’s apparent success, Gardner’s doctor pressed him to undergo an esophagectomy. The operation — which would remove part of his esophagus and reconstruct it with the upper portion of his stomach — would be risky, and one of his lungs would have to be temporarily deflated during the procedure. Gardner decided against it.

By October 27, 2016, his cancer had returned. He needed the surgery to survive. But now he was racing against two clocks: the cancer and the company. Labor negotiations had broken down months before; the strike would begin within a week, and his current insurance coverage would run out at the end of December. “Company-paid medical, dental, vision, and drug coverage will not extend for the duration of employee strike activity,” a letter to employees from Momentive said.

“I wrote all the numbers down, in case I didn’t make it through the surgery, so Donna could get my pension,” Gardner said. “I didn’t trust Momentive to call her and say she was entitled to it.” He called his lawyer and had his will updated. He went into surgery on November 29, and spent nearly two weeks in the hospital. “I wish I could’ve been out there on the picket line,” he said. “It was all such bad timing.”

Once home, Gardner was told by Momentive to sign himself and Donna up for new health insurance through Mercer, a private online benefits marketplace, where employees can choose from a variety of providers and plans. A 2014 Aon Hewitt survey found that despite accounting for only 5 percent of current plans, 33 percent of employers said they would begin offering insurance through private marketplaces in the next three to five years. In a 2016 report, Mike Gaal of Bloomberg BNA wrote that large employers pitch private exchanges to employees as a way for them to “buy down” to more appropriate levels of coverage. “While this may be true,” he wrote, “the reality is that the plan savings, in this example, are derived through shifting costs to employees through high deductible, copayments and out-of-pocket limits.”

“I wrote all the numbers down, in case I didn’t make it through the surgery, so Donna could get my pension,” Gardner said. “I didn’t trust Momentive to call her and say she was entitled to it.”

The Gardners’ 2017 deductible would drop to $600 each, but their monthly premium soared from $262 to $1,152 per month — a hike Momentive promised to offset for already-retired workers under 65 with a $400 monthly subsidy. He got his first subsidy check on January 27, 2017. As a retiree, Gardner was one of the lucky ones. The younger generation was battling a contract that offered them expensive insurance while they worked — and nothing when they were finished with their working lives.

***

As the strike wore on, it drew the attention of elected officials in the area. Twenty-one Albany County lawmakers wrote to Momentive chief executive Jack Boss that the proposed contract seemed “to greatly hurt retirees and take too many health care and retirement benefits away from active employees.” State comptroller Tom DiNapoli reached out to Apollo; he has New York’s state-employee pensions partially invested through the firm. “I urge you to encourage Momentive to work diligently towards an expeditious settlement of this dispute on terms that are fair to labor and management,” he wrote. On the picket line in Waterford, one popular sign slung around the necks of strikers called out Apollo’s chief executive by name: hedge fund billionaire leon black, tell momentive: don’t destroy good jobs.

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Union strikers hold a sign outside of Momentive CEO Jack Boss’s home near Saratoga Springs. (Jonno Rattman)

In early February 2017, likely facing pressure from the governor’s office and intense publicity around both the strike and Momentive’s high-profile shareholders, Boss contacted the union’s regional leadership, bypassing the local chapter, and offered to resume negotiations. Four days later, a tentative deal was reached. Governor Andrew Cuomo, in his first public statement on the strike, announced his support for the deal, calling it key to “investing in the [union’s] world-class workforce, restoring operations at the plant and keeping upstate New York moving forward.”

Under the proposed new contract, to be voted on February 13 and 14, Momentive would keep matching 401(k) contributions of workers whose pensions had previously been frozen and would pay each striking employee a $2,000 bonus upon returning to work. In exchange, the union would accept the proposed health care amendments for current workers — more expensive premiums and deductibles. The company, rather than provide health insurance to future retirees, agreed to give at least 100 veteran workers a $40,000 cash bonus upon retirement — around $23,000 after taxes — that would hopefully cover any medical expenses before workers were eligible for Medicare at age 65. Though this was a win for the union, the next round of negotiations, in 2019, could decide the future of whether retirees will continue benefitting from Momentive’s medical coverage. “We have the right to negotiate now, which we didn’t have before last year’s strike,” says Patrignani. “It was going to sunset, but it’s still a topic of bargaining for future contracts.”

“You either have a preexisting condition, or you have an underlying condition, or you have an undiagnosed condition because of the inherent risk of working in a chemical plant,” said Robert Hohn, a 55-year-old employee. “You would probably have to pay a high premium and a high deductible. Would $23,000 cover that if something went wrong?” Hohn’s wife has degenerative disc disease, which requires constant care, and chronic gastrointestinal inflammation. Under the new contract, Hohn would have to pay $74 per week for him and his wife, with a $3,500 deductible and an annual maximum payment of $7,000. (Most workers signed up for this plan, which is the cheaper of the two; the other option has a $12,000 out-of-pocket maximum for a family). “The health care is going to kill me,” he said the day of the vote. “With my wife’s condition, we will definitely be hitting the maximum every year.” When the new contract came up for a vote, he felt he had no choice but to vote no. (At the beginning of 2018, Hohn’s wife left the insurance plan; he now pays $36 per week and a deductible for himself of $1,750.)

But many other workers feared that if the contract didn’t pass, some would cross the picket line to return to work, giving up their representation and fracturing the union. “They are pitting us against one another and using that to their advantage,” one worker said as he waited in line to vote on the proposed contract. “People are scared, feeling forced to vote ‘yes,’ even though the contract isn’t much better than what we went on strike for.”

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A classified ad for temporary replacement chemical operators in the Saratogian newspaper on a table in the union’s break house.

This internal tension became more and more apparent as the strike wore on, endless weeks of picketing outside during the coldest part of the year for upstate New York. “When it comes to these guys losing their health care, I should give a fuck?” one Momentive worker, speaking on condition of anonymity, wondered aloud in January, before the new union contract was ratified. “Why should I care about you when you didn’t give a shit about me in the past?”

Like some other younger union workers at the plant, he was in the minority and had voted yes on the contract back in September, recalling the wage cuts and pension freezes of years past. To them, the older generation were on their way out; the younger workers needed this place to provide for their families for decades to come. They wanted a fair contract for everyone, but they didn’t want to ruin what they had already — a stable job — and were willing to sacrifice benefits in the process.

Apollo has shut down other manufacturing plants in the past, and that threat was real for workers on the picket line. Noranda Aluminum’s Missouri plant once employed over 800 union workers. Then it began a slow decline, and after Apollo sold its position in 2015, the plant shut down in early 2016. To some workers, a long and intense strike could make that possibility a reality. “To me, it’s not worth losing all of this. If they shut down, where will we go?” said another during the strike. “Stop whining and move forward. These old guys, they’ve had it so good for so long that they don’t want to give anything up. Sometimes, to me, it’s better to take one step back so I am able to still move forward — not like this situation now.”

The contract passed on February 14, 2017. The men went back to work within days. “They didn’t achieve everything they wanted,” said Bob Master, the union’s legislative director for the region. “But sometimes the fruits of victory don’t show up until later on, during the next round of negotiations, when the company remembers the spirit and determination of a united workforce.”

***

Robert Hohn and his coworkers are already anxious about what new concessions their next contract negotiation in 2019 might bring. Since the company’s sale to private equity a decade ago, men like Ron Gardner, who went into bankruptcy after leaving his home for a double-wide trailer and fought cancer from exposure at the plant, have watched as their Wall Street–backed corporation trimmed job benefits they’d counted on for decades — benefits all the more crucial now, as they face retirement tinged with the threat of cancer. This time around, it was health care for retirees. What will it be next time?

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Outside the entrance gate of the Momentive chemical plant. (Jonno Rattman)

Apollo, meanwhile, announced in July 2017 that the firm had raised $24.7 billion for its latest global buyout fund, the largest sum of leveraged-buyout capital ever raised by a private equity firm, poised to pave the way for many more acquisitions like the one that created Momentive. Up in Waterford, there are whispers that Apollo is even trying to force the landlord to sell the hot dog shack — which the union still uses as it’s headquarters — and its surrounding land rights.

But despite these big-picture moves by corporate financiers, workers at the plant are still focused on their benefits — assets that are crucial to their survival. “I still don’t trust Momentive,” Gardner told me. The company had already cut his pay. What, he wondered, would prevent it from eventually taking away the insurance subsidy he received each month? If he lost the subsidy before he got Medicare, he explained at his dining room table, he won’t be able to afford health insurance. “After that, I don’t know what would happen,” he added, looking out the window. It was starting to rain. “If the cancer came back and I didn’t have coverage, I would die.”

***

Ian Frisch is a journalist based in Brooklyn. He has written for The New Yorker, The New York Times, Bloomberg Businessweek, Wired, Playboy, and Vice, among others. His first book, on magic and the secret lives of the subculture’s most prominent young magicians, will be published in 2019 by Dey Street Books, an imprint of HarperCollins. 

Editor: Michelle Legro
Photographs: Jonno Rattman

Fact checker: Matthew Giles
Copy editor: Sean Cooper

A Farewell to Fuckboys in the Age of Consent Culture

Illustration by Janna Morton

Minda Honey | Longreads | April 2018 | 20 minutes (4,980 words)

 

Let’s start at 16-and-a-half, a half-a-lifetime ago. I was gone off this boy who lived around the corner from me. He was two grades ahead in school, a senior. We rode the bus together. His name sang with alliteration fit for a newscaster. Tall, Black, beautiful in that stony, delicate way only young men can be. Already toxic, poisoned by his father, knuckles split and scarred from fighting. One morning, on the ride to school, he showed me a picture of his girlfriend, his other hand in my lap, beneath my uniform skirt. “You should shave,” he said. I listened.

In the afternoon, on the walk to his house — I’d walk past mine and double back later, just to spend more time with him — the younger boys would crowd around, their white school shirts untucked, sneakers untied. They wanted to hear stories about his fights. They wanted to know if he’d play basketball with them. They were gone off him too. We knew something special when we saw it. When he smiled, his cheekbones rode high and his eyes stretched into slits as thin as pennies.

Once, when it was just the two of us, the younger boys elsewhere, he looked down at me walking alongside him. My backpack’s straps dug into my shoulders, the bag weighed down by AP textbooks. He said, “You’re going to be pretty one day when you get those braces off and stop hunching over like that.” I listened.

School out for the summer, I walked around the corner to the boy’s house and into his living room. I left without my virginity. It was all over before I’d even understood what we’d began. Afterward, he turned on BET and pointed out which girls in the music videos he thought were fine.

***

Back then, there wasn’t consent culture. There were just fast-tailed girls who let their hearts race places they didn’t belong. Girls who wanted it. I wanted it. But not yet. Not like that. Wanting is a welcome mat for danger. There is no safe place for PG-13 lust, for innocent desires. For girls there is “Just say ‘no.’” And for boys there is “Just the tip” — a coercive game that can give way to rape. Only we didn’t know that the first time around. And who would want to play a game like that more than once?

The next time, I say, “I don’t think we should …” The next time, there are no games, just rape. He didn’t listen to me.

He had a problem with taking things that didn’t belong to him. The last I heard of him, one of his friends told me he had a baby on the way and had been locked up for pulling a gun on a pizza delivery guy at his own apartment. It wasn’t hard for the police to figure out where to find him. Who knows if it’s true, but when I Google his newscaster name, a name he shares with many men, the only link relevant to him is a Florida mugshot from around the same time for an out-of-state felony charge.

In the photo, he doesn’t look stony, delicate, beautiful. He doesn’t look like anything to me. He’s wearing a white shirt, just like in the photo of him I have in the box full of high school keepsakes under my bed. It had been taken when he still looked like something special. I don’t ever look at it, but I’ve never been able to let it go.

Read more…

A Certain Kind of Mammal

Illustration by Natalie Nelson

Meaghan O’Connell | And Now We Have Everything | Little, Brown and Company | April 2018 | 22 minutes (4,425 words)

When I was pregnant, every time someone asked me if I planned to breastfeed, I stammered and avoided eye contact. Of fucking course, what do you think I am, some kind of monster? I felt like the person had just asked me if I wanted to be a real writer someday. Obviously, I thought about it all the time but I didn’t want to jinx it by talking about it. Declaring my intentions felt too vulnerable, too potentially humiliating. The question was not whether I planned to breastfeed the future baby but whether I would physically be able to. What if the time came and the baby didn’t latch on or my body didn’t produce enough milk? What if my boobs couldn’t get it up?

The internet was full of stories about women struggling with just that. It was impressive but scary to read about them turning their lives upside down, willing to try or do anything if it meant they could check off this box. Take herbs, chug water, eat special cookies, go to meetings, buy a scale so they could weigh the baby after every feeding, hire expensive consultants, pump around the clock, give up dairy, give up gluten, get their infants’ tongues and gums “clipped” so they could open their mouths wider, spend an entire week in bed naked with their babies.

An outsider might find it easy to dismiss this as ridiculous, especially considering you can walk into any grocery store and buy a canister of formula. But, then, an outsider hasn’t lain in bed at night facing the harrowing uncertainty of motherhood, desperate to know she was giving her baby “the best start possible.” Read more…

Did Brian Easley Have to Die?

Calvin Easley holds a wallet-sized portrait of his brother, Brian. (Hector René Membreno-Canales)

Aaron Gell | Longreads | April 2018 | 37 minutes (9,230 words)

This feature is published in collaboration with Task & Purpose, whose team of veterans, military family members, and journalists tell the stories of the military and veterans communities.

The thing that everyone remembered about the man in the light gray sweatshirt was how composed he was, how polite and respectful. One morning this past summer, he quietly entered a Wells Fargo bank branch in the Atlanta suburbs in a desperate state. But he didn’t curse or even raise his voice. He just calmly relayed the litany of setbacks and obstacles that had led him to an extraordinarily reckless act.

Brian Easley, 33-years-old, standing 6 feet 2 inches with close-cropped hair and glasses, had woken up on the morning on July 7, 2017, in Room 252 of a $25-a-night hotel nearby, where he’d been living, scraping by on a small monthly disability check from the Department of Veterans Affairs.

A former lance corporal in the Marine Corps, he had served in Kuwait and Iraq as a supply clerk, separating with an honorable discharge in 2005. But his transition to civilian life had been fraught. Joining his mother in Jefferson, Georgia, he found himself suffering from backaches and mental illness. He met a cashier at the local Walmart, and soon they married had a daughter together, but he disappeared for long stretches as his symptoms worsened. After his mother died in 2011, he bounced around — alternating between relatives’ spare rooms, VA mental hospitals, and nonprofit housing facilities. During a few especially difficult periods, he slept in his car.

By the summer of 2017, Easley had lost even that option. His usual disability check from the VA had mysteriously failed to materialize, and the rent was due. If he couldn’t cover it, he’d be on the street, and the thought terrified him. In the first week of July,  Easley called the Veterans Crisis Line repeatedly to inquire about the status of his disability payment. When they hung up on him, he called back. On Monday, July 3, Easley made his way to the VA’s Regional Benefits Office in Atlanta. But after an argument with staffers there, he left in humiliation, his issue unresolved.

A few days later at around 9:30 a.m, the Marine veteran entered the Wells Fargo branch, a faux colonial building on Windy Hill Road, a six-lane commercial roadway, and claimed that the backpack slung over his shoulder contained C-4 explosive. He allowed several employees and customers to exit and informed the two remaining employees that they should lock the doors and stay put. Then he began making calls, dialing 911 to let the authorities know what was happening, and a local news station, WSB-TV, to explain his predicament. “They took everything,” he told the assignment editor who picked up the phone. “With my last little bit of money I got I’ve been able to hold up at a hotel, but I’m going to be out on the street and I’m going to have nothing. I’m not going to have any money for food or anything. I’m just going to be homeless, and I’m going to starve.”

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The Wells Fargo bank in Marietta, Georgia where Brian Easley took hostages during a three-hour standoff with police. (Hector René Membreno-Canales)

Easley spent nearly 38 minutes on the phone with the editor, relating his military history, his love for his young daughter, and his frustrations with the VA. At one point, he allowed her to speak with the hostages. One described her captor as “very respectful.”

Easley insisted he didn’t want to harm anyone. “I already told them if I detonate this bomb, I’ll let them go first,” he promised. “These ladies are very nice, and they’ve been very helpful and supportive.” He said he had no intention of robbing the bank, and though an employee had fled leaving piles of cash just sitting out at their workstation, he showed no interest in it. His focus was exclusively on his own money — that monthly disability payment from the VA.

“How much money are we talking about?” the editor asked.

“Not much,” Easley said. She pushed for a dollar figure.

“Eight hundred and ninety-two dollars,” he answered.

As Cobb County police deployed around the Wells Fargo, establishing an incident command center in the parking lot of the nearby Texaco gas station, two snipers, Officers Dennis Ponte and Brint Abernathy, took up positions at the edge of the bank’s rear parking lot. Chief Mike Register, who’d only recently taken over the department, arrived on the scene shortly thereafter. Easley, meanwhile, spent most of the morning on the phone.

In addition to WSB, he spoke to his wife, Jessica, and her cousin, Yolanda Usher. He fielded calls from random bank customers, politely informing them that there was an emergency underway and that they should call back later. He told his daughter, Jayla, then 8, that he loved her and to work hard in school. “Okay, Daddy,” she said. “I love you.” Through it all, he kept his cool, even indulging in some dark humor. He mused that he might be the “worst bank robber ever.” And when the WSB editor asked him for his Social Security number, he joked, “You’re not going to steal my money too, are you?”

As the three-hour ordeal unfolded, he remained unfailingly polite to his captives, allowing them to place calls to their loved ones and even maintain contact with police. “He just kept saying, ‘Ladies, I’m so sorry,’” one of the hostages told the Georgia Bureau of Investigation later. “And I was like, ‘I feel really bad. I understand. You’re in a hard spot.’ And he said, ‘Thank you. I appreciate that.’”

As reasonable and mild-mannered as he seemed, Easley did show some clear signs of mental illness. In his call with WSB, he explained that he was being followed and had been the victim of four kidnapping attempts, which he attributed to his halfbrother Calvin and a secret society. “I don’t know these people,” he said. “They seem to be able to track me wherever I go. They have my information.” During several difficult moments, he held his head in his hands and sobbed, muttering softly, “I just snapped.”

In an effort to understand the many factors that led to the Windy Hill Road incident, I spent seven months speaking to Easley’s family members and fellow Marines, officers of the Cobb County Police Department, Veterans Affairs officials, community activists, and experts in law enforcement, mental health, and military transition.

I found a story that was considerably more complex than it first appeared, involving the failure of the nation’s safety net; VA policies better designed to exploit former warriors than to assist them; a confused police response; and maybe an undercurrent of racial bias, one that the community liked to think it had outgrown long ago.

It was also the story of four former members of the U.S. armed forces, whose paths converged one morning in July on a busy suburban thoroughfare. Before the day was over, two would be recounting the incident to investigators, another would be facing the news media, trying to explain to the public just how it happened, and a fourth would lay dead on the floor of the bank, his head pierced by a single gunshot.

***

Born in 1983, Brian Easley was a mama’s boy as a child, his thumb rarely straying from his mouth. The youngest of eight kids, Easley lived with his siblings and parents, Barbara Easley and Bobby Lee Brown, in a ranch home in Williamstown, New Jersey. It was a tight fit — 10 of them in all, crammed into three bedrooms — but they made it work. Located south of Philly, it was a safe, quiet neighborhood with a small-town feel, notable mostly for the aroma of pizza sauce from the local cannery, which wafted across the local sports fields every afternoon.  Barbara was an indomitable woman, laboring tirelessly to make sure none of her children ever felt neglected despite their parents’ modest income. Brian was the baby, her very last, and she doted on him.

Easley had few friends growing up, but he was close with his brother James, the next oldest, joining him in PlayStation marathons that typically went on until there was no more game to play. Despite his height, he was soft-spoken and timid as a teenager. In school, he was painfully shy around girls, later confiding to his fellow Marines that he’d been a virgin when he signed up at 18.

Twelve weeks of basic training at Parris Island outwardly transformed him, precisely as the military intended. Watching him graduate in a ceremony at Camp Lejeune, his family members were dumbstruck. “I could not believe my eyes, how polished he was, how sharp, tall, strong,” said his brother Calvin, the oldest sibling. “I sat there in awe the whole entire time. He went in a little boy, and they turned him into a man.”

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Calvin Easley with a portrait of Brian from his service in the Marine Corps. (Hector René Membreno-Canales)

Assigned to the 2nd Marine Logistics Group, based at Camp Lejeune, the soft-spoken recruit fell into a circle of friends who each quickly took him under their wing. To them, Easley seemed less a warrior than a big goofy kid, more content to eat cereal and watch his favorite anime series than to hit the local bars or shoulder a rifle.

The group formed a tight bond, fortified during their deployment to Kuwait in 2003. Though Easley’s fellow Marines would roll their eyes at his devotion to Tolkien novels and compare him to Steve Urkel, the teasing was affectionate. His tranquil demeanor, generosity, and maddening compulsion to apologize for the smallest offense — and then apologize for doing so — earned him the nickname Easy. He mostly stayed out of the boisterous debates that often preoccupied his unit, only to pipe up seemingly out of nowhere with some deliberately inane assertion, like, “I hear Somalia has the world’s strongest navy,” and then hold a poker face as long as he could — which usually wasn’t long.

Deployed to Iraq in 2005, Easley was stationed at the Al-Taqaddum Air Base, known as TQ, where he served as a warehouse clerk with the 2nd Supply Battalion. Easley’s job was to fill requisition orders for Marine combat units operating throughout Al-Anbar province, where insurgents, including the nascent al-Qaeda in Iraq, were mounting a surprisingly fierce campaign to drive American forces from the Western Euphrates River Valley.

As the three-hour ordeal unfolded, Easley remained unfailingly polite to his captives, allowing them to place calls to their loved ones and even maintain contact with police

The work was arduous — up to 17 hours a day for months at a time without a break — contributing to the chronic back pain that would plague Easley when he eventually returned to civilian life. “The warehouse jobs are out in the rear, so I wasn’t on the front lines,” Easley told WSB. “I had one close call during a security detail, but that’s about it.” Nevertheless, according to James Dunlap, who served with him, mortar fire was a regular feature, often sending everyone scrambling for bunkers. “I’m thinking, ‘We’re in supply, we’re not going to see this type of action,’” he recalled. “But when they say ‘Every Marine is a rifleman,’ they mean it.”

Following his honorable discharge in 2005, Easley returned to his mother’s home in Jefferson. He met a woman, Jessica Tate, and they moved in together and eventually got married. Around Jessica, Brian seemed fine — strangely quiet maybe, but also devoted, sweet, and easygoing. To his family, though, it was clear that something was wrong. “We noticed a difference in him right away,” Calvin recalled. Diagnosed with PTSD, and suffering from schizophrenia and paranoia, Easley told relatives he was barred from reenlisting. He often set off on long walks by himself. On one occasion shortly after his discharge, he grew so upset at a sibling’s teasing that he flew into a rage that left the family shaken.

These symptoms are not uncommon. “After we got out, it got rough for everybody on the tour,” James Dunlap explained. “It’s easier to be in a war zone than live life out here. You’re not in the Marine Corps anymore, so what’s your purpose?”

***

In 2008, Jessica became pregnant. Both of Brian’s parents fell ill around the same time, and he found himself in New Jersey helping to help care for them, visiting Georgia only briefly for the birth of his daughter, Jayla, but vowing to come back soon.

“He never did come,” Jessica recalled. His phone rang and rang. Eventually, family members told her how he’d just stood up one day, announced he was going for a walk, and never returned. “I was like, ‘Oh my god, I just had his baby and he disappeared. Is he leading a double life?’” she said. Fearing for his safety, she spent many nights crying herself to sleep. “I’m tearing up now just thinking about it.”  

It turned out Easley had checked himself into a VA mental hospital. Upon his release, he stayed with a brother in New Jersey. Aside from one trip to Georgia to meet Jayla when she was about 3, he mostly kept his distance. He explained to Jessica that people were after him — he wouldn’t say who — and he didn’t want to put his family in danger.

Just a week or so before Barbara Easley died, in 2011, Brian ley once again “up and walked off,” Calvin said. Voicemails and texts went unreturned. The funeral came and went with no sign of Brian, and years went by without a word. After calling every VA hospital in the directory, Jessica tried to move on.

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Brian with his daughter, Jayla, possibly around 2014. (Hector René Membreno-Canales)

When he surfaced again around 2014, Easley moved in with Calvin in Georgia, taking his medication, keeping his VA appointments, and generally trying to get his life back on track.. He said he’d been in Orlando, enrolled in filmmaking classes. He made no mention to his brother about a brief spiritual detour, as a follower of the Black Israelites, a religious sect famous for preaching that African Americans are the true Jews. But perhaps it isn’t surprising that in his troubled state, Easley had gravitated toward a tight-knit community. “I think he wanted to belong to something larger than himself,” recalled Dunlap, who was in touch with Brian during this period. Eventually Easley “woke up,” Dunlap said, and was ejected from the group.

Easley didn’t spend much time in Georgia with Calvin and his wife, Anita—maybe a half year or so—before he was on the road again, moving to New Jersey to live with another brother. After several episodes, though, he returned to Marietta in early 2017, enrolling in computer classes at Lincoln College of Technology, a for-profit college located in a strip mall in Marietta. He had bought Jayla a phone and called regularly, helping her with homework and joining her in a prayer via Facetime nearly every night. Some of his money from the government went toward child support, and he wired more whenever Jayla needed it. Not long before Brian walked into the Wells Fargo, he had the idea to surprise Jayla with a dog. Jessica thinks the realization that he wouldn’t be able to follow through may be what set off the episode.

***

In the spring of 1971, 10-year-old Mike Register was walking through an affluent neighborhood of Macon, Georgia, when a pair of young men in a car waved him over with a proposition: How would he like to earn $5 helping out with some yard work? It was a tempting offer, but the situation seemed off. For one thing, Register was white, and the men in the car were black. Job offers like that just didn’t happen in Macon in those days. Register bolted toward the woods, but the men gave chase, abducted him, and later kept him captive in an abandoned house, demanding a $5,000 ransom from his family. His mother alerted the authorities and delivered the money as instructed.

All told, Register spent 20 hours as a prisoner, while the men debated whether to kill him. Eventually, they essentially let him go, threatening to slaughter his family if he said a word. The boy didn’t heed the warning. At some point, he’d managed to snag an ID belonging to the ringleader, 20-year-old John Plummer. After his release, Register presented the card to local police, resulting in Plummer’s arrest and eventual conviction. (The other two men were never identified.) At the trial, which drew charges of racial bias from the defense team, the all-white jury found Plummer guilty of kidnapping, then deliberated for just 10 minutes before suggesting a life sentence.

Surprisingly unguarded for a chief of police, now leading a department of more than 600 officers, Register is a voluble storyteller, recounting this traumatic chapter from a difficult childhood in an easygoing, buttery drawl without a hint of disquiet. Asked how the terrifying crime he experienced as a child may have affected his response to the Wells Fargo hostage-taking, he insisted it had no impact. “I certainly have empathy for anyone who is held against their will,” he said. “Certainly that’s a part of my life, and I’m very thankful that it turned out the way it did for me. But no matter what my life experience may have been, I certainly try to be objective with any situation.”

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Cobb County’s Chief of Police, Michael J. Register. (Hector René Membreno-Canales)

Register enlisted in the reserves in his early twenties, joining the 11th Special Forces Group and becoming what was then known as “SF baby,” jumping right into commando training without any prior military experience. He thrived in the reserves, taking time off from his work as a police officer with the Cobb County PD for intensive training and deployments to Germany, Haiti, and Belize, among other countries.

By 2002, when Brian Easley entered the Marine Corps, 40-year-old Register was in Afghanistan with the 20th Special Forces Group, serving on a mobile reconnaissance team. After retiring from active duty in 2005, the same year Easley left the service, Register worked for the Department of Defense, devising strategies to counter the insurgency’s devastating use of IEDs. In 2014, he returned to suburban Atlanta and eventually resumed his career in law enforcement, becoming chief of police for Clayton County, 20 miles south of Atlanta.

Register was recruited as chief of police for nearby Cobb, which includes the city of Marietta, just three weeks before Brian Easley walked into the Wells Fargo. Though both counties belong to the metropolitan Atlanta area, they pose distinct challenges for law enforcement. Whereas Clayton is economically depressed and predominantly black, Cobb County is a mostly white, affluent bedroom community that was represented in Congress by a former leader of the nativist John Birch Society for nearly a decade and was long known for its “legendary intolerance,” as The Atlanta Journal-Constitution put it.

Though an influx of recent transplants, mostly young professionals, has tilted Cobb’s politics left, the county retains its reputation as a stronghold of white conservatism. Despite the 2017 opening of a new stadium for the Atlanta Braves, Cobb had for years steadfastly refused to allow the construction of a rail link to Atlanta’s transit system, in part out of a longstanding desire to wall itself off from the so-called “black Mecca” across the Chattahoochee River. (Years ago, a county commissioner infamously declared he’d stock the river with piranha to block rapid transit.)

Although the violent crime rate is considerably higher in Clayton than in Cobb — with nearly eight times as many murders on a per capita basis in 2016 — Register’s new position is in some respects trickier to navigate, given Cobb’s fast-changing demographics and more fraught political atmosphere. As chief of police for Clayton County, Register was an advocate of transparency and community policing initiatives, and Cobb community activists viewed him as an ideal choice to take the helm of their department as it sought to transform itself from a hidebound reminder of the region’s troubled past into an exemplar of the bighearted cosmopolitan New South.

To judge by the stream of racially charged incidents that have made the news in the area in recent years, change was long overdue. In 2015, the county’s only black commissioner reported what appeared to be racial profiling by an undercover officer — a complaint that elicited a shrug from her fellow commissioners. A few months later, the same officer was involved in a disturbing encounter with a black driver that was captured on dashcam. (“Go to Fulton County,” he said. “I don’t care about your people”). Following a suspension, the officer resigned.

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The front desk of Cobb County Police Headquarters in Marietta, Georgia. (Hector René Membreno-Canales)

The community’s negative perception of the department was confirmed last year in an independent report on police operations drawn up at the county’s behest by the International Association of Chiefs of Police. Although the report did not find evidence of systematic bias, it identified “a concerning deficit of public trust in and among a portion of the population.” It also made 34 recommendations, many of which Register is now implementing. Among a host of other changes, he ordered that all members of his department receive additional training in crisis intervention, crime prevention, cultural diversity, and fairness in policing. The chief has also considered a proposal by the Cobb Coalition for Public Safety to ensure that mental health professionals be called upon on in crisis situations. Some departments mandate that specially trained teams be deployed whenever an incident involves a potential mental health emergency, but in Cobb County, such experts are only brought in at the request of the crisis negotiation team. In Easley’s case, no such request was ever made.

***

According to the Marshall Project, law enforcement is the third most common occupation for military veterans, after truck driving and management. In part, this is attributable to the preferential hiring encouraged by initiatives like the 2012 federal program Vets to Cops. A career in law enforcement has an additional appeal to veterans, offering, as few occupations do, the sense of fellowship, duty, and shared risk that they experienced in the military. “I think that everyone, no matter who you are, you want to belong to something,” Register said. “People that have served in the military understand that they are part of something that is great, admirable, honorable, and that is important.” A police force, he added, “is a natural transition”  — conferring membership in what Ken Vance, executive director of the Peace Officer Standards and Training Council of Georgia, termed a “blue brotherhood.”

A substantial percentage of CCPD officers are veterans — several of whom, like Chief Register, played key roles in the Wells Fargo incident. Sgt. Andre Bates, the lead negotiator, served in the Marine Corps, as did Officer Dennis Ponte, the sniper who took Easley’s life.

In his 2016 book, Tribe: On Homecoming and Belonging, Sebastian Junger advances a powerful case linking veterans’ struggles with PTSD largely to the difficulty of navigating the fraught transition from the tight-knit world of the armed forces to the more isolating and superficial existence of life on the homefront.

This certainly tracks with Brian Easley’s experience. Joining the Marine Corps at 18, the former wallflower quickly found the camaraderie, friendship and shared sense of purpose that had largely eluded him until that point. After his discharge, cut off from his social group, he found himself increasingly alienated and adrift — an experience that undoubtedly contributed to his mental illness. Soon, aside from his immediate family and Jessica, he was more or less on his own, so lonesome in those early years that in addition to his primary job at a Home Depot distribution center, he took a second gig at a Church’s Chicken, not for the money, he told Jessica, but “just to pass the time while you’re at work.”

A career in law enforcement has an additional appeal to veterans, offering, as few occupations do, the sense of fellowship, duty, and shared risk that they experienced in the military.

When I asked Register how he has dealt with his own traumatic experiences — the kidnapping as well as his later service in Afghanistan — he shrugged off the question, more comfortable speaking about the prevalence of PTSD in general. But as frightening as his childhood ordeal clearly was, his success in dealing with it is not surprising: After helping to foil his own abduction, he was hailed as a hero by the national news media. In recognition of his bravery and quick-wittedness, the local police department named the 11-year-old its honorary chief of detectives.

“Humans don’t mind hardship, in fact, they thrive on it; what they mind is not feeling necessary,” Junger wrote in Tribe. “Modern society has perfected the art of making people not feel necessary.” Register seems to have found his purpose and his community in law enforcement, as did Bates, Ponte, and the many other veteran members of the CCPD.

***

As Brian Easley told the editor at WSB, the two hostages, and the crisis negotiator — basically anyone who would listen — his monthly disability check from the Department of Veterans Affairs came to $892. The VA confirmed that his last payment, for that precise amount, was sent on June 1. So perhaps it’s no wonder that when July 1 came and went, and the expected funds were not in the account, Easley began to panic.

According to WSB investigative reporter Aaron Diamant, Easley called the VA’s Veterans Crisis Line eight or nine times that week, including twice on the morning of the incident, and he was “hung up on a few times.” (When contacted, a VA spokesperson declined to comment on Diamant’s reporting.) According to its mission statement, the VCL was established in 2007 to “provide 24/7, world class suicide prevention and crisis intervention services to veterans, service members, and their family members.” But as the demand for its services has surged, the program has been plagued with issues. A March 2017 report by the VA’s Office of Inspector General found a number of shortcomings with the VCL, including deficiencies in operations and quality assurance. In response, the VA issued a press release touting improvements; a few months after Brian Easley’s death, it announced plans to open a third call center to handle another spike in demand.

According to Lincoln Educational Services senior VP for student financial services Rajat Shah, Easley visited the school’s Marietta campus on June 30 to discuss the possibility that his money had been garnished due to a tuition issue. A counselor at the school called the VA directly, and Easley was given an appointment at the VA’s Regional Benefits Office on July 3. He “was extremely agitated and belligerent,” a VA spokesperson told me , and as a result was briefly placed him in handcuffs. “Once Easley calmed down,” the spokesperson said, “police removed the handcuffs and a VA benefits supervisor … explained to him that his compensation check was recouped due to a debt he had created by his failure to complete college courses.” Easley agreed to return on July 6 with the proper documentation to set up a payment plan “and left the regional office voluntarily.” He never returned.

Perhaps unwittingly, Easley had become caught in a financial squeeze involving what are known as overpayments — a common pitfall for recipients of Post 9-11 GI Bill tuition assistance. Government tuition payments are made in full directly to an academic institution, but if a veteran drops too many courses or fails to attend class, the VA will initiate a process to recover the money directly from the student. According to Shah, Easley last attended class in late November 2016. He would have had to miss just six days of his module to trigger a mandatory notice to the VA, though Shah said the school tries to contact a student before taking that step. Easley’s overpayment was $1,163, so after the $892 was deducted from his account, he owed a mere $271.

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Objects found in Brian Easley’s pockets after his standoff with the Cobb County police. (Hector René Membreno-Canales)

If, in fact, Easley did miss some classes, it would hardly be a surprise. He was suffering from a severe mental illness, something the Department of Veterans Affairs, which was responsible for his care, certainly knew. Although the VA claims it sent Easley five letters informing him of the overpayment, his erratic housing situation meant he probably never received them.

“This happens literally all the time,” said Carrie Wofford, president of Veterans Education Success, a nonprofit watchdog and advocacy group focused on veterans education. A 2015 report by the General Accounting Office estimated that a quarter of all veterans receiving tuition assistance are billed for overpayments, many without ever fully understanding how the system works. “Because VA is not effectively communicating its program policies to veterans,” the report said, “some veterans may be incurring debts that they could have otherwise avoided.”

Although Shah said Lincoln staffers tried to help Easley with the VA, the school has drawn criticism in the past for an apparent indifference to the welfare of its students. “The programs are costly, more than twice as much as at local community colleges,” the Senate Health, Education, Labor, and Pensions Committee the committee wrote in a 2012 report, “and Lincoln makes virtually no investment in student services despite enrolling the students most in need of these services.” The committee said student retention and loan repayment rates were among the worst it had seen, and the report concluded, “Although the majority of students leave the company’s schools with no degree or diploma, the company also receives increasing amounts of Federal taxpayer dollars and profit.”

***

Shortly after Easley spoke to the 911 operator that Friday morning in July, the Cobb County Police Department showed up in force. They closed Windy Hill Road to all civilian traffic. They made sure those sheltering inside the Popeye’s, the Waffle House, the Wendy’s, the Subway, and the Chick-fil-A all knew to keep clear of the windows in case a detonation shattered the glass. The fire department was dispatched to the scene, as was the bomb squad, SWAT team, crisis negotiators, and a K-9 unit. Officers of the Sheriff’s Department handled traffic duties. Representatives from the Marietta PD, the ATF, the FBI, and its state equivalent, the GBI, turned up as well.

Register arrived within the hour, taking up a position at the makeshift command post. Solidly built, with a tree-trunk physique and wispy brown hair fading to gray, Register was viewed by community leaders as a reformer. The incident at Windy Hill Road would be his first test.

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Michael Register was recruited as chief of police for Cobb County just three weeks before Brian Easley walked into the Wells Fargo. (Hector René Membreno-Canales)

Meanwhile, inside the bank, Easley was getting a crash course in how TV news gets made. WSB-TV boasts one of the top local news organizations in the country: In the June ratings period, the station had attracted nearly two-thirds of TV news viewers in the metropolitan Atlanta area. Now, the staff had landed an incredible scoop simply by picking up the phone, and they knew it. On an audio recording of the call turned over to the GBI, one can hear the assignment editor’s colleagues scrambling to press their advantage. As she works to nail down what to Easley must have sounded like trivial details (“You said you had lived in Marietta previously, when did you live in Marietta?”), it seemed to dawn on him that her interest lay less in solving his problem than in working the story. “Okay, ma’am, I’m sorry,” he finally said, “but I’m about to wrap this up.”

As the call ended, two of the editor’s colleagues could be heard discussing how to proceed. “What can I report?” one asks. The exuberant reply: “Everything!”

Sometime after 11 a.m., Sgt. Andre Bates, the incident’s lead crisis negotiator, settled into a black Ford Taurus at the Texaco. He took a deep breath and dialed the number given to him by the 911 operator. Bates — who, like Easley, is black — established a rapport with the hostage taker almost instantly based on their shared military background. “I’m going through it with Veterans Affairs myself, so I know it can be difficult when they drag their feet,” he said.

Their status as former Marines further cemented the bond. “Semper Fi, sir. I’m a West Coaster, MCRD San Diego,” Bates said. “What can we do to resolve this, sir, and help you out? From one Marine to the other?” Although only Sgt. Bates’s side of the conversation is audible on the recording, his skills as a negotiator are evident. He gets Easley talking about his back injury and mentions his own knee and ankle issues. He assures Easley nobody is going to get hurt: “That’s my responsibility — to make sure you stay alive.” He compares the police force to the Marine Corps and engages Easley as a fellow enlisted man. “I have three of my chiefs that are personally here … guys walking around with stars just like it is in the Marine Corps . . . they’re not happy,” he said. “Just asking from one Marine to the next — to show that you and I are communicating and we’re on the same program — could you release one of those ladies, please?” And he appeals to Easley’s personal dignity, reminding him, “Your honor is worth more than the $892 the VA owes you, sir.”

Around noon, Easley agreed to a deal: A pack of Newports in exchange for one of the hostages. He seemed to mean it. As soon as he got off the call, Easley turned to his two captives and invited them to decide which one would leave. They told him they couldn’t choose. “Well, you’re just the teller,” he told one, “so I’ll let you go, and I’ll keep the branch manager here so they won’t blow my head off.”

The deal marked a significant breakthrough. They were working together now. A resolution seemed well in hand. In a brief interview, Sgt. Bates expressed absolute confidence that Easley would have honored his side of the bargain. “We were brothers who had bonded with each other,” he said. “I felt that me and him had connected as men, as Marines, and as family men.”

Bates hustled over to brief his superiors in the mobile command center, a large RV parked nearby. Among them were Register and the incident commander, Maj. Jeff Adcock. Reporting to him were Lt. Joel Preston, another Marine veteran, who commanded the tactical team, and Lt. Jorge Mestre, the crisis team commander.

It was a formidable group, with decades of experience. Mestre was a key figure in a 1999 incident in which he was wounded after trying to reason with a local man who was reportedly suffering from paranoid delusions. After opening fire on the officer, the man barricaded himself inside the house with his aging mother, and later killed two members of the Cobb County SWAT team after they stormed the family home. The tragedy is viewed as a critical lesson among tactical-policing experts, who blamed the incident on poor intelligence and inadequate staffing, revising standard procedures accordingly. For some members of the Cobb County PD, the killing may have carried an additional lesson: In a barricaded subject situation, avoid unnecessary risks.

The negotiator tried to appeal to Easley’s personal dignity. ‘Your honor is worth more than the $892 the VA owes you, sir.’

As Adcock and the other commanders quickly began hammering out a plan to deliver the cigarettes without endangering their officers, they had good reason for optimism. According to Chris Grollnek, a former SWAT officer who now provides training in dealing with active-shooter situations, “Ninety-nine percent of the time, when a negotiator is making a deal for one thing for another, the incident ends peacefully.”

Around the same time, another opportunity to end the standoff safely presented itself. One of the hostages who’d been on the phone with the police throughout much of the morning reported to Officer Christopher Few, Bates’s colleague on the crisis negotiation team, that Easley had gone to the bathroom. He was in there for more than a minute, it seemed, long enough for both hostages to potentially run out the doors. Once Few understood what was happening, he began to walk the hostage through an escape plan. But seconds later, Easley returned. “He’s out,” she said quietly.

Meanwhile, along the wood line, the snipers lay on the ground, squinting through scopes at the action inside the bank. One of them, Officer Ponte, had also served in the Marine Corps, working as a helicopter crew chief before his discharge in 1992. On assessing the situation, he’d selected a Lapua .338, a $5,000 semiautomatic rifle billed as “The Long Arm of the Free World,” and loaded it with Sierra MatchKing .338 250 grain ammunition, a combination he felt certain would have the power to penetrate the two glass doors and still maintain its trajectory. Then he’d aimed his laser at the building and noted a range of approximately 66 yards. Every once in awhile, as he peered through the scope, he got a good visual of the man in the gray sweatshirt. He radioed Lt. Benjamin Cohen, the assistant SWAT commander, and advised him that he had a clean shot. Should he engage the threat, he asked. Word came back: “Not at this time.” The rest of the tactical team was not yet in position. Stand by.

Minutes passed. On the SWAT team’s radio frequency, Ponte heard indications that a hostage might be released, but from what he could see, he later told the GBI, “There was no effort or energy being put forth toward releasing somebody.” Then Ponte made a fateful decision.

Around 12:15 p.m. on July 7, a single shot rang out on Windy Hill Road, ending the three-hour ordeal in the Wells Fargo and adding Easley’s name to the list of 236 mentally ill people killed by police in 2017.

***

Not only were Sgt. Bates and the various commanders caught off guard by Ponte’s action, his own fellow SWAT team members were as well. In a well-planned operation, the tactical team would have reacted instantly to the gunshot. Instead, nine long seconds ticked by before an officer put the CCPD’s BearCat armored vehicle in drive and began barrelling toward the door of the bank, inadvertently endangering the hostages, who were just then preparing to dash out in the opposite direction. After the BearCat struck a column and backed up, its hood covered with broken bricks, the hostages escaped, and members of the SWAT team hustled them into the back of the vehicle, which quickly reversed away from the bank.

The standoff was over. But exactly what happened to Brian Easley — and who made the decision to kill him — would remain a mystery for months. Addressing the news media shortly after 1:30 p.m., Register incorrectly framed the incident as an extraction operation gone awry. “We had a SWAT team, tactical team, move up on the bank to help get the hostages out,” he said. “During the extraction process, contact was made with the suspect, and it appears the subject is deceased.” The explanation seemed to imply that Easley had been shot during some kind of confrontation with the entry team rather than by a sniper hidden in the woods. No mention was made to the public of Bates’s negotiations with Easley to release one of the women for a pack of smokes. Although the entire command team knew of the arrangement — as did the two hostages and other members of the CCPD — it is only being made public now as a result of an open records request.

Barricaded-subject incidents, especially those involving hostages, are among the most difficult circumstances police officers face. Typically, attempting to negotiate a peaceful resolution is the preferred approach, with a tactical assault reserved as a last resort. But the balance between crisis negotiators and SWAT elements is a delicate one. Negotiators are trained to strike up a rapport with a suspect, calm them down, appeal to their sense of reason. Tactical officers, increasingly outfitted with military-style gear, are primed to take swift, decisive action.

The Cobb County Police Department’s internal Policy Manual states that in a hostage situation like the one at the Wells Fargo, a tactical solution must only be initiated “should communication with the subject fail to resolve the incident,” and that “the ultimate decision [on how to respond] will be made by the On-Scene Commander.” In the case of Brian Easley, communication was making genuine progress, and the On-Scene Commander, Major Adcock, had decided to let the negotiations play out. According to Ponte’s own testimony, he made the ultimate decision himself, an apparent violation of both policies. He cited no particular action on Easley’s part — an erratic movement or aggressive gesture, for instance — that might have indicated an elevated risk. When I reached him for comment, Ponte declined to speak except to say that his side of the story would be told “at the appropriate time.”

The standoff was over. But exactly what happened to Brian Easley — and who made the decision to kill him — would remain a mystery for months.

Sgt. Bates, the crisis negotiator, refused to criticize the actions of a colleague and fellow Marine. But asked whether he’d been sincere when he’d promised Easley that nobody would hurt him if he cooperated, Bates told me, “I meant that from the bottom of my heart. I’m out there to do a job. I’m pretty good at what I do, and the things I’m telling him are coming from the heart, one human being to the next. My job is to protect everyone so we can all walk out of there and play out whatever happened in court. That is the win for me.”

All of the experts I contacted were careful to emphasize they lacked a complete picture of what happened, and they expressed reluctance to second-guess CCPD’s handling of a dangerous and chaotic situation. They agreed, however, that the decision to shift away from a negotiating posture and initiate a tactical operation is not typically made lightly or based on the judgment of an individual officer, and that the situation on Windy Hill Road might well have concluded peacefully had negotiations been given more time.

Easley “articulated he’s not going to do anything to harm the hostages, so that’s a great sign,” said Randall Rogan, a crisis negotiation expert and co-interim dean of communications at Wake Forest University. “If a suspect is emotionally calm at the beginning of a siege or incident, that is the most critical moment.” He added that Easley’s demands were extraordinarily modest. “He’s not asking for a helicopter and $2 million dollars and taking two hostages on a plane.”

“Easley was very calm, he indicated wasn’t looking to hurt anybody, and he demonstrated a willingness to cooperate,” noted Jack Cambria, a 33-year veteran of the New York City Police Department who spent more than a decade in tactical operations and, later, as commander of the NYPD’s crisis negotiation squad, responded to more than 4,000 incidents. “Tactical assault is reserved for the last option, when it becomes absolutely necessary.”

Following a grand jury hearing, Ponte was cleared of any wrongdoing in connection with Easley’s death. District Attorney Vic Reynolds told WSB that the officers “followed the law and did what they were supposed to do.” According to the policy manual, “ability, opportunity and jeopardy” must all be present for a shooting to be justified. As far as anyone knew, Easley had the ability to cause harm to the hostages with a backpack full of explosives. He had the opportunity to do so. And the hostages were plainly in jeopardy.

Cambria, who trains law enforcement agencies around the country in crisis and hostage negotiation, agreed that Ponte likely acted within the law. Nonetheless, he pointed out, “Just because an action might be lawful doesn’t mean it was necessary.”

The operation appears to have been flawed in several additional respects. Given Ponte’s testimony that the hostages were not in sight when he opened fire, he ran the risk that one might have been injured by debris or a wayward bullet. A poorly aimed round might have set off the explosives Easley claimed to have in the backpack, mere inches from where the shot made contact. And there was one more possibility to consider: “When there are people alive near the subject, you very rarely will take a shot to neutralize him in the event that God forbid, he has a dead-man’s switch,” Grollnek said, referring to a detonator wired to explode if a trigger is released. Such devices, which work like a hand grenade, are simple to engineer. Had Easley been using one, Ponte’s shot could well have caused the deaths of the hostages. Finally, the haphazard extraction of the two captives also indicated that the decision to act may have been taken too hastily.

As the hostages were whisked to safety, a robot entered the bank and retrieved Easley’s backpack, placing it in a “total containment vessel.” It was eventually deemed harmless, and inside investigators found a Bible, some papers, and a small machete, among other incidentals. (Easley had never taken out the knife or mentioned having it, and Calvin later suggested he may have been carrying it for protection.) On his body, they found a wallet, a broken cross pendant, and an electronic device one hostage had assumed was a switch to detonate a bomb. In fact, it was a tool for detecting hidden listening devices, perhaps a prudent purchase for a man suffering from the paranoid delusion that he might be kidnapped at any time.

Before long, patrons of the nearby establishments, who’d been on lockdown all day, were finally allowed to go about their business. After being interviewed by police and GBI agents, the two hostages went home to their worried families. The local news teams packed up their gear. Easley’s body taken to the Cobb County’s Medical Examiner in Marietta. Chief Register addressed the media and then headed back to headquarters. Traffic on Windy Hill Road resumed in both directions.

***

The killing of Brian Easley was just the first of several crises to engulf the Cobb County Police Department in the early months of Register’s tenure. In late August, WSB aired bodycam footage from November 2016 in which Officer James Caleb Elliot is seen firing multiple shots at the back of an unarmed teenager as he flees through a residential neighborhood, striking him in the leg. A grand jury declined to recommend charges against Elliot, and DA Reynolds noted that officers pursuing a fleeing suspect in a “violent, forcible felony” are allowed to use lethal force. The fact that the teenager was not actually involved in a carjacking was viewed as immaterial, since the officer merely had to believe he was.

The new chief, for his part, indicated that legalities aside, the shooting endangered the public, and he used the release of the video as an opportunity to initiate additional use-of-force training. He also noted that the department recently purchased a new simulator to better prepare officers to handle such situations. Elliot left the force three weeks after the shooting, and a lawyer for the victim announced plans to file a federal lawsuit.

Then on August 31, Channel 2 released another dashcam video, this one from the summer of 2016. In it Lt. Greg Abbott, who is white, is heard remarking to a white motorist, “Remember, we only kill black people.” Though many observers pointed out the officer’s sarcastic tone, the starkness of his statement at a time of heightened concern over police shootings of African Americans (the killing of Philando Castile outside St. Paul, Minnesota, had happened just four days before the traffic stop) seemed emblematic. The video went viral. National outlets picked up the story. Representatives for Al Sharpton’s National Action Network told Register a protest march was being organized. Register’s office was bombarded by media calls from as far away as the United Kingdom. This time, Register moved swiftly, announcing that the process to terminate Abbott had begun.

“It’s been one of those weeks in Cobb County,” Register told me with a sigh not long after. The decision, he said, had not been easy. But Register was unmoved by the argument that Abbott had been trying to gain the motorist’s compliance by creating a casual rapport, calling the statements “inexcusable and inappropriate” and “not indicative of the values and the facts that surround the Cobb County Police Department and this county in general.”

A vocal contingent within the CCPD expressed unhappiness that he hadn’t defended Abbott. “They took it as me not supporting them,” Register said. After a local talk radio jock went after him — taking care to inform listeners that the police chief’s wife is African American and even noting her place of work — white nationalists went on the offensive, sending Register hate mail in which they called him “a disgrace to the white race.”

Following the decision, Register scheduled a set of mandatory staff meetings in which he laid out his rationale for demanding Abbott’s ouster. The radio station apologized. Eventually, the controversy seemed to die down. Still, it was clear the job was weighing on him. “I’ve got to tell you,” he admitted, “sometimes I’m like, ‘Damn, maybe I should have stayed in Clayton County.’”  

***

The tendency of police departments to close ranks in an effort to shield their actions from public scrutiny is well established and perhaps unsurprising. The same “blue brotherhood” that bonds law enforcement officers can easily slip into a form of tribalism when a member of the team is under threat. The commitment to one another that keeps officers alive in dangerous situations also seems to discourage self-reflection when things go wrong. Initially, after I asked Register about the killing of Easley, he mounted a strong defense of Ponte. “He saw this thing unfolding and felt that this might be the only chance to immobilize the suspect and save the two women, and he took it,” Register said. “If we would have waited five more minutes, and he had detonated explosives and killed himself and the two hostages, then we may have been having a conversation — ‘Now, why did we wait so long?’”

Register also emphasized that Ponte — who was cleared by a grand jury following another fatal shooting in 2016 — had struggled in the aftermath of the Wells Fargo incident. “One reason why it’s been so hard on this young man who took the shot,” he said, “is that he is a veteran himself and a Marine. It’s very hard on him. It makes you want to cry.” (Although Register repeatedly spoke of his officer as a “young man,” records indicate that Ponte was born in 1966.)

A month later, when I pressed Register about the revelations contained in the GBI report, which he indicated he had not yet seen, he reconsidered his position. While reiterating that the shot was legal, he said, “I do call into question the timeliness of it.” He also said he’d be looking into the apparent breakdown in command and control, explaining that he would “dig deeper and ensure that if there were any issues that created the dysnchronization between the negotiating team and the tactical team that we address that and we fix that. Certainly, as the event was unfolding, I don’t know if the communication was transpiring as quickly as it possibly should have.”

If we waited five more minutes, and he had detonated explosives and killed himself and the two hostages, then we may have been having a conversation — ‘Now, why did we wait so long?’

The next morning, Register called back. He mentioned an additional change he’d implemented a few months before, a monthly training session with his incident commanders to do “tabletop exercises,” reviewing some of the scenarios they might face in the field. He added that he’d been up half the night digging into the reports on the Easley shooting, and he’d scheduled a weekly meeting with his leadership staff to talk about developing a procedure for identifying mistakes so they won’t be repeated. “We have to take some time to look at what the findings were and come back for after-action reviews,” he said. “That’s the only way we were going to be better.”

***

Whatever mistakes may or may not have been made on Windy Hill Road on July 7, there’s one issue about which everyone seems to agree: Brian Easley himself bears a good portion of the blame. Even when one takes into account his mental illness and the other formidable struggles he was facing, the fact remains that Easley alone made the choice to enter the bank, claimed he had a bomb, and hold two women against their will.

“I’m sorry for what happened,” Calvin Easley told me when I visited him and his wife, Anita, in their tidy home in the Atlanta suburbs. “I’m sorry he went in there and took hostages. I’m very sorry for that. He was not in his right mind. But they didn’t have to kill him. He just wanted to get his story out.”

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On a phone call from the Wells Fargo, Easley told his daughter Jayla that he loved her and to work hard in school. (Hector René Membreno-Canales)

That story is one that many veterans can relate to. The same military experience that helped make him a man left him anxious, troubled, and eventually unable to work. Perhaps for the first time in his life, he discovered a sense of brotherhood and meaning in the Marine Corps, one he was unable to replicate once he returned home.

But Easley did what he could. He cared for his daughter, calling her every day and sending gifts when finances allowed. He battled the VA for years to receive the benefits he’d earned through his service. He sought an education, hoping to start a career, support his family, and make a new life, only to find himself in a trap that has ensnared thousands of his fellow veterans.

Then, one morning in July, he woke up to find that the money he counted on to make it through simply wasn’t there. And just like the Marine Corps had taught him, he took initiative. He called the hotline. When they hung up, he called again and again. Finally, he walked into the benefits office to plead his case in person. But instead of recognizing a veteran in crisis and working out a plan, or perhaps directing him across the street to the hospital, writing a prescription, and getting him back on track, they sent him away in search of paperwork.

“The problem was bigger than the Cobb County Police Department and Mr. Easley,” Bates told me. “The problem is the system — how they treat retired veterans. You should get more than ‘I appreciate your service.’ The VA owes these guys more. They’re willing to put their life on the line for their country, and when they separate from military they deserve better.” In particular, he criticized the VA’s decision to handcuff Brian Easley rather than help him. “That’s where the whole thing went bad, I believe,” he said.

He was not in his right mind. But they didn’t have to kill him. He just wanted to get his story out.

“I’m just baffled about what is so hard to negotiate,” said John Delorme, a Marine who served with Easley. “This isn’t a terrorist. This is a guy who fought against terrorism. As a veteran it makes me feel smaller than a grain of sand, the way he was treated.”

“I just don’t want his little girl to grow up to think her dad was a bad person,” said Ian Emmett, another battle buddy. “He was a good person.”

Alecia Miller, who dated Easley for two years when he was in the military, agreed. “I hate for him to be painted as this crazy deranged person,” she said. “This is someone who the system failed, and because of that, a decision was made out of desperation, and someone has lost their life because of it.”

“You go over there and you fight a war for our country and everybody’s out to kill you,” Calvin Easley told me. “You don’t know nobody. You’re in a foreign land. But the real sharks? The real sharks are back at home. There’s no reintegration. You don’t get support from the country that you fought for.”

It was late. Anita stood behind him as he spoke, patting his back. “I’m livid,” he went on, fighting back tears. “He was a hero. He was not some psycho on the corner. He was not. He was a gentle giant until you pushed him. If you pushed him to the max, then you’d see a different person. But it took an awful lot. It took a lot.”

“I know this,” he said. “He was my brother.”

***

Aaron Gell is the features editor of Task & Purpose and an adjunct instructor at NYU’s Prison Education Program. He has contributed to numerous publications, including New York magazine, The New Yorker, and Vanity Fair,

This article was published in collaboration with the editorial team at Task & Purpose. 

***

Editor: Michelle Legro
Photographs: Hector René Membreno-Canales

Fact checker: Matthew Giles
Copy editor: Jacob Gross