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Bundyville Chapter Two: By a Thread

Illustration by Zoë van Dijk

Leah Sottile | Longreads | May 2018 | 26 minutes (6,578 words)

Part 2 of 4 of Bundyville, a series and podcast from Longreads and OPB.

I.

It’s mid-November, the end of the first week of the trial in Las Vegas. I’ve found that my favorite time of day here is early morning, when the only people to talk to are those calling “good morning!” from the doorways and brick plazas where they’ve slept. It’s when Fremont Street is free of tourists and populated only by guys with hoses whose jobs are to wash away the things that seem always to fill this city street: spilled margaritas and cheap beer and puke.

I’m staying in a cheap casino on Fremont Street in a room that’s not expensive enough to have a coffee maker, which means I have to eject myself into the world without any caffeine, a thing I would never do at home but here I’ve come to look forward to. It’s the only time it’s quiet enough to think, to not lose yourself in the things Vegas asks you to become.

At night on Fremont, blocks from the federal courthouse, you will be offered whatever you need. Booze, drugs, money, beautiful women, beautiful men. Your fortune, told to you in cards. Your name etched on a bottle opener, a license plate, a flashing keychain, a pair of dice. Get drunk. Get high. Get wild. It’s Vegas, baby — a line people repeat here like a mantra in packed elevators, in coffee shops, in the security line of the “fed castle” where Bundy’s followers empty their pockets of change and pocket-size Constitutions before going through the metal detector. When Judge Gloria Navarro strolls to the bench each morning — always late, always carrying an iced coffee — people explain it with a shrug: “Vegas, baby.”

I’ve avoided the Vegas life this week, but on my last night — a Thursday — I stop into a bar on Fremont Street and take the only seat left at the bar, next to a Mr. T impersonator. There’s no court tomorrow, so I’m OK with staying out a little late and seeing what’s so appealing about this city. Vegas at night, despite my resistance to it, is fun — and I’ve had enough to drink with Mr. T that I strike up a conversation with a couple of guys who’ve traveled here from the East Coast to sample the legal marijuana. I ask them if they’ve heard of Cliven Bundy, and one responds immediately, “He’s that cowboy the government is trying to steal land from, right?”

This must be what poker face feels like.

The next morning, I’m a little hungover and way out in the suburbs of the city. I’m sitting in this bright-white, fluorescent-lit office, guzzling complimentary bottles of water. I’m in the office of an ex-Bundy follower who used to be close with the family, Melissa Laughter. She went to Bundy Ranch in 2014 and to Malheur in 2016. She has spent holidays with the Bundys.

She’s since become a vocal detractor of the Bundys and the wider Patriot movement that supports them. She says the Bundys demand loyalty, allegiance. She has come to think of them as cult leaders.

“A cult is is a blind following of some enigmatic leader,” she says. “They don’t question. They don’t act independently. They act as one.”

Laughter is a devout member of the Mormon church, and the granddaughter of a Utah dairy farmer. She explained what initially attracted her to the Bundys. “I’m like, OK, we have something in common. I’m interested in talking to them and hearing what they have to say,” she says. “So like many people, I was sympathetic to them to begin with.”

Laughter is a staunch conservative — a woman who has run for public office in Nevada as a Republican. She has bright white teeth and wears big cowboy boots with dresses. She’s pro-gun, vehemently anti-marijuana.

She grew up in the church and felt like something was off about how the Bundys talked about the Gospel to friends and family. “We would often have these philosophical religious debates where they would talk about LDS doctrine,” she says. According to Laughter, her differing perspective on church teachings wasn’t well received around the ranch. “They constantly take offense if you say anything against what they’re saying.”

But the Bundys were seeing things in the Gospel she couldn’t understand.

“I’m going to show you something else no one else has but the federal government,” she says. She reaches to grab something from the floor, then plunks a big black binder onto her desk.

“Have you heard about The Nay Book?”

Yeah, I’d heard murmurs of it. I just didn’t think it was real. Read more…

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.

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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.”

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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

How ‘Cops’ Became the Most Polarizing Reality TV Show in America

"Cops" screenshot
Another night, another arrest, on "Cops." (Cops.com/Langley Productions)

Tim Stelloh | The Marshall Project & Longreads | January 2018 | 25 minutes (6,325 words)

This story was published in partnership with The Marshall Project.

***

Morgan Langley leans toward a large computer screen. He isn’t sure if the video clip is still there, posted to a random YouTube channel named after a ’90s punk-ska act, but after a few moments, he finds it. Out of a black screen flashes a white Ford Mustang with blacked-out windows and chrome rims. Langley, who is an executive producer of one of America’s longest-running reality shows, “Cops,” narrates. “This kid here is actually selling a thousand pills of ecstasy to an undercover cop,” he says excitedly.

On the screen, a skinny white kid with a straight-brim baseball cap and a collection of painful-looking face piercings has plunked down on the Mustang’s passenger seat. Next to him is a woman whose blurred face is framed by sandy blonde hair. They briefly discuss logistics, and a second guy with dark skin and wrap-around sunglasses hops in. He asks if she has the cash; she asks if he has the goods. He asks if she’s a cop; she laughs.

“Okay, we’re just gonna do it like this,” he says, grabbing a pistol from his waistband. “Just give me your money.” Seconds later, officers in green tactical gear swarm the car, and he’s nose-down on the pavement, handcuffed and delivering a tear-streaked explanation: “Sir, they gave me a gun and told me they were gonna kill me.” Read more…

Watching a Fall

AP Photo/Massoud Hossaini

Christine Spillson | Boulevard | Fall 2017 | 18 minutes (5,070 words)

On the morning of August 14, 1936, Rainey Bethea stepped out a door and into the crowd whose reported numbers would conflict greatly, anywhere between 10,000-20,000, but whose number, reports agree, had been growing in the dark of pre-dawn Owensboro, Kentucky.  Though neither Bethea nor anyone else in the crowd could have known it, this would be the last public execution in the United States. When Bethea arrived for his scheduled hanging, he had his short-sleeved white shirt buttoned to the top so that his collar was closed.

He did not wear a necktie.

A path had been cleared for him. A tunnel, walled with human bodies, funneled him towards a stage. On the stage stood a scaffold, in the middle of which, was a trap door marked with an X. The X told Rainey Bethea where he would be standing and where the other men, some in white panama hats some not, should not stand. Not if they didn’t want to drop into history with the convicted man that they guided toward the center.

Rainey Bethea put one shoeless foot forward, pushing lightly down, as if to test the integrity of the space. As he moved onto the X it’s possible that, as Phil Hanna (“the humane hangman”) slipped on the noose he took a moment to whisper, “Remember, I am here to help you.”

The night before he was to be executed, Bethea took his last meal in a Louisville, Kentucky prison. One of the more widely printed pictures of Bethea shows him in the process of eating either lemon pie or mashed potatoes, both of which he requested. The black and white of the photo makes it difficult to tell which he is eating. In the picture, his shirt opens at the collar, revealing a cross tightly circling his neck. He stares out.

At some time between 5:23 a.m., when he arrived at the foot of the stairs, and 5:44 a.m., when he was pronounced dead, Bethea must have had a moment to stare out at the crowd that had gathered to watch him. He stood there watching them watch him watch them. A cycle that loops out into an infinite moment of observation. As he looked out he couldn’t have known that one of the men in the crowd had just told a reporter that he’d driven with six others from Florida to see the hanging. Bethea probably didn’t know that reporters were taking note of license plates from at least half a dozen other states and twenty different counties in Kentucky. The distance that they had traveled to be there didn’t matter, the audience was just a massive white monolith that pressed towards him from the front, the way dawn’s short but lengthening fingers reached toward him from his right, the way the stairs receded from his left, and the way that empty space beneath him pressed up toward his feet until it met the wood that held the X which, for that moment, still held his feet. Behind him, he must have known, there was nothing he could turn to see. Then there was the black hood to cover his face, a courtesy for the audience not Rainey Bethea; after that, he could see nothing at all.

***

My grandmother was there. My mother has tried to provide me an excuse for it. My grandmother, Dorothy Hagan before she was Dorothy Hagan Riley, was seventeen in 1936. She had left school three years earlier, after the eighth grade, to help support her family, her three brothers and two sisters. Her father, Jerome, walked every day to work in his tobacco field outside of town. While the living he made from it was enough to have moved his family from a log cabin with dirt floors and no running water and into a house in Owensboro, it was not enough to be enough. They had not made it far enough from the cabin and from rural poverty not to need more. A picture in my mother’s room shows her in that abandoned house, leaning out of a loft window that looks more like something that belongs to a barn than a home, and I stand below with my sister and my grandmother.

My grandmother, I am told, wouldn’t have gone to see a man hanged. My great-grandfather, I am told, wouldn’t have gone with his teenage daughter to see a man hanged. The definitive proof of this is that he was considered by all to be a Christian man. But they did. They were there. In that Friday’s predawn darkness, my great-grandfather chose not to walk to his fields outside of town but deeper into its center.  They walked together the few blocks from their home on Fifth Street and north towards the Ohio River and the parking lot that sat between First and Second streets (where the city convention center now stands) where the execution was to take place. They are somewhere there, possibly in the picture, definitely in the crowd of men in white hats, white shirts, and women in long skirts. After I asked, after I tried to make sense of it, of why the grandmother who I remember having jars full of those terrible puffy orange “circus peanut” candies, who made the world’s sweetest pecan pie and the South’s best biscuits and gravy, would have gone to watch a man killed, my mother calls me to offer her theory. She has come to it long after I originally posed the question and perhaps as a way to explain to herself why her mother would have been there. What lesson could she have been attempting to learn that wasn’t worth repeating to her children?  My mother tells me about the job in town. She argues that, if it was crowded like I say, then maybe it was hard to get home, hard to get out of the center of town, hard not to attend. She does not acknowledge that there is a distinction between having been there and having watched. I was told that she watched. I also know that it was done at dawn, that it was not evening, that she would not have been leaving. She had left her home early enough to attend.

***

The story of the execution of Rainey Bethea is likely not the story of an innocent man wrongly accused and put to death. It is not the story of a man being railroaded because of a city’s need for closure. Some disagree and the state of the justice system at the time certainly invites doubt but, by the time of his execution, Rainey Bethea had confessed to his crime on five separate occasions and had pleaded guilty during his trial. The first confession started in the back of a police car while being transported between jails after his arrest.

Sitting in the back of a Jefferson County police car, he leaned forward, “I might as well tell you something.” A small shape in the long back seat of the giant black Ford, he tells the two men driving him from Owensboro to Louisville that he entered Lishia Edward’s home, which he had worked in previously, by walking over the roofs of neighboring buildings and then prying at a loose window screen. In this first confession, possibly made while he was still intoxicated from the whiskey that he had been drinking earlier, he admits to choking the 70-year-old woman and then beating her and raping her. In this version, she does not move when he is finished and turns away to search the room for jewelry. By his fifth confession, she is alive when he leaves, and she tells his back as he exits out the window, “I know you.” But there, in his first confession, she doesn’t move as he left. He knew why the police focused on him and shook his head as if he can’t believe it even then, days later: “When I left, I forgot my ring.”

***

The crime that Rainey Bethea was convicted of committing, though horrific, becomes an essential but small detail in the story as it was brought to the nation. It was a story of a woman sheriff and the humane hangman. It was the story of a black man to be hanged by white men at the orders of a white woman in the South, and that was the way that it was presented. It was the story of a county that had elected to charge a man with rape rather than with murder, though the prosecutor believed him guilty of both, because in Kentucky one could punish rape by a public hanging in the town where the crime occurred; a murderer would be executed privately by the state with an electric chair.

In a decade that had seen 103 lynchings by the end of 1936 and would see another sixteen in the four years before its end, the public, court-sanctioned execution of an African American was, even so, a spectacle worthy of note and worthy of condemnation by the media of a country whose states had largely already removed the punishing of capital crimes from the public view. Even in a decade in which 2/3 of those executed by the government were African- American, the public nature of the event made it worthy of wider attention.

Rainey Bethea’s death was the story of a black man to be hanged by white men at the orders of a white woman in the South, and that was the way that it was presented.

The tension was obvious enough for anyone with an eye for drama to notice. The dynamics of race and gender and class were working together to create a story that was hard to look away from. Florence Shoemaker Thompson, the sheriff of Daviess County Kentucky, had been sheriff for only a few short months when Bethea was sentenced to hang. Sheriff Thompson had not run for the job. After her husband died in April of 1936 while in the office, a judge appointed his widow to fill the vacant seat. The appointment came from pity — she was a housewife with four young children that she needed to support — and from practicality — the vacancy needed to be filled swiftly so that law enforcement for the county could continue to function.

In his 1992 book, The Last Public Execution in America, Perry Ryan tells us that “hers is not the story of a feminist” rather “hers is the story of a simple but brave and forthright woman.” He characterizes Thompson as a good cook and an excellent seamstress who just wanted what was best for her children. This portrayal of the woman is reductively simple, just as the contemporary accounts of her go little beyond the picture of her as a sheriff in skirts. The press, and thus much of the nation, wondered if this woman who had only recently stepped outside of the home to work would be able to fulfill the duty required of a county sheriff if an execution was to be served out in their county. Could she, would she, pull the lever to make Rainey Bethea drop? How could they look away until they knew?

***

About a year ago, while eating dinner with my family in Florida, I very awkwardly brought up the topic of the execution of Rainey Bethea. My mother had invited her sister and brother over for dinner since I was home for a visit. I sat on the side of the dining room table that faces the smoked mirror wall that forms one side of the room. It is a relic of the house’s 1970’s origin that my mother finds charming and has refused to change in various renovation projects. I believe that she also thinks that it works to nicely reflect the light from the same era’s smoked glass bubble light chandelier that hangs over the dining room table, another relic of the house’s past that she has determined to keep.

I had watched a segment on The Rachel Maddow Show about the last public execution to take place in America. Maddow started the segment by talking about Florence Thompson inheriting her late husband’s job as the sheriff of Daviess County and the focused media attention that surrounded the execution. The point that Maddow was working to arrive at was that, though it was terrible, there was a sense of transparency to the processes, a transparency that had been notably absent during a botched lethal injection in Arizona. The story continued to stay in my mind as I thought about my grandmother’s connection to the place. I knew that while my mother and her siblings had not been born in or ever lived in that city, they had spent every summer there as children, since it was the town that their mother was from and the place where the majority of her family still lived. So when I brought it up over dinner in a sort of “did you know about this” way, I was surprised that my mother and her siblings looked at me with an “of course we knew that” look. They tell me that my grandmother attended but couldn’t explain why.

“She always just shook her head if it came up,” my aunt told me while we ate dessert. From what I can gather she never actually said a word about it to any of her children. But they never really asked about it. They didn’t ask her why she went. When I ask if she was racist or if her father was racist I get the reply, “No, of course not.”

I try to imagine going to see the execution out of a sense of justice or to get a feeling of closure. These are reasons that are offered for capital punishment, the reasons why they held public executions in the community that was affected by the crime, the reasons that might support my grandmother’s attendance. The victim had lived on the same street as my grandmother. It is said that everyone in town knew Lishia Edwards. Perhaps she felt personally injured. Perhaps she, and what was likely a majority of the Owensboro, felt that to watch the execution was to watch justice being done.

In 2001, when Timothy McVeigh, the Oklahoma City Bomber, was to be executed, the government received more than 250 requests from those who had lost someone in the bombing for access to view the execution. Oneta Johnson lost her mother in the bombing, her body hadn’t been found until ten days later in the rubble. Ms. Johnson said that she hoped that seeing McVeigh dead might make her feel better. The Entertainment Network Inc. in Tampa, FL tried to sue the government so that we could all watch. They wanted to webcast the footage of McVeigh being executed to anyone willing to pay $1.95. The Entertainment Network Inc. lost its suit.

***

When Bethea was incarcerated in 1935 for the theft of two purses from the Vogue Beauty Shop located on Frederica Street in Owensboro for which he pleaded guilty to grand larceny, he was given a physical at which time his weight was noted as being 128 pounds and his height was recorded as 5’4”. Because of his small stature and slight build, he would, according to the 1947 Army Manual for military executions, need to drop a distance between 7’10” and 7’7” for an optimal outcome. An optimal outcome here would mean that he did not drop too far and too long, which could result in decapitation, or drop too short and too briefly which would result in a slow strangulation that could subsequently take up to forty-five minutes.

G. Phil Hanna would have known this. He might have known these figures and recommendations by heart when he stood waiting at the top of the scaffold that day in August. Bethea’s execution would be his seventieth. The hangman would have known how far a man needs to fall. He would have known that it is recommended that a hanging rope should be made from manila hemp fibers, and should be not more than one-and-a-quarter inches in diameter but not less than three-quarters of an inch. Hanna, by that point, would know that the experts suggest that the rope be thirty feet in length and that the rope should “be boiled and then stretched while drying to eliminate any spring, stiffness, or tendency to coil” and that the “portion of the noose which slides through the knot will be treated with wax, soap or grease to ensure a smooth sliding action through the knot.” A smooth sliding action through the knot would be vital to the execution, so when Hanna bought his hanging rope, or rather had one specially made for him in St. Louis out of a long-strand hemp fiber (which would be softer and less scratchy), he was willing to pay $65.

He knew the importance of a good rope. He kept all thirty-eight feet of it coiled and protected in a special box. He could observe you, estimate your weight and tell you how far you’d need to drop for a good hanging, something that he did to a reporter interviewing him in 1933 for The Decatur Daily Review. “I tie the knot” Hanna said. “Your neck would require about eight turns of the rope.” He knows that a man with a long neck might require thirteen turns of the rope but had learned to eyeball it with accuracy. He then demonstrated the noose’s construction, the twists and turns that he would require of the rope. If it weren’t just a demonstration, if it were a real hanging, he would treat the knot with pure castile soap and then sprinkle it with a scented talcum. If this were a real hanging, he would have gone to the jail and introduced himself to the condemned man by saying his name and then, “I am here to help you.”

The victim had lived on the same street as my grandmother.  Perhaps she felt personally injured. Perhaps she, and what was likely a majority of the Owensboro, felt that to watch the execution was to watch justice being done.

Hanna was a curiosity in the same way the woman sheriff and the town square hanging was a curiosity for the press. He had already earned his reputation of “humane hangman” when he was recommended to Sheriff Thompson because he had his own equipment and the experience and expertise to carry off the sentence. He also didn’t demand any payment. Hanna saw his work of execution facilitator (perhaps a term that he’d appreciate given that he did not like being called a hangman) as vocational rather than occupational and he had never, in any of his seventy hangings, actually sprung the trapdoor.

Having hired Hanna to bring his portable scaffold, his thirty-eight-foot rope, and his experience in sixty-nine previous hangings, Sheriff Thompson was faced with making the decision of who would officially pull the lever to spring the moment that would ultimately kill a man. It was, strictly speaking, her duty. She refused to answer any questions posed by an interested public and a persistent press about whether she would be acting as the executioner. She started receiving requests for “reserve seating” tickets and questions as to when they might be going on sale from people all over the country. She spoke to her priest, she spoke to her friends, but she wouldn’t speak to the press. This was a mistake. By not telling anyone what her decision was she creates mystery. This mystery, the will-she or won’t-she aspect of the story became a mystery that had a defined expiration date and that would end with a death regardless of her decision. How could it fail to sell papers?

Dear Mrs. Thompson,

I am writing you this letter, offering you my services … for several reasons, … First you are a woman and have four children, none of which I am sure would want you to spring the trap that sends Rainey Bethea into eternity. Second, I wouldn’t want my mother to be placed in such an unpleasant position. Third, I am an ex-serviceman and served … in France in 1918 and 1919, and I know just how you would feel after the execution if you went through with it. You may think it wouldn’t bother you, after it is all over, but I know different … Please do not give this letter to anyone for publication … I am not hunting for publicity. I only want to help you.

Your friend,
A.L. Hash

The press didn’t know that Sheriff Thompson had been corresponding with Arthur L. Hash, a former Louisville policeman, and that he had offered to take up this responsibility on her behalf. He cites his wartime service in France as evidence that he knows what she would feel in the aftermath of the execution, even though the death wasn’t the result of a choice that she had made. “You may think it wouldn’t bother you after it is all over, but I know different,” Hash tells her. Perhaps aware that duty and obligation wouldn’t remove the immediate connection between her hand on the lever and the sudden rushing sense of a body moving quickly through space before the abrupt snap. And, of course, it will be witnessed, written about, photographed and talked about.

***

In his writings about incarceration and punishment, Michel Foucault made an observation similar to so many of the newspapers writing contemporary accounts of the execution of Bethea. The public aspect of punishment often turned into a carnival. If the purpose of public execution was once to terrify a population into being law-abiding citizens, to act as a type of control of the masses by the smaller coalitions of people in positions of power, modern public executions slipped further and further from the horror that they sought to inspire. Rather than reaffirming the authority of those in power, public executions started to degrade it and, through the lawlessness of the crowd, offered those attending as witnesses a glimpse of their own collective power.

France continued to behead people in public spaces until 1939 (and continue to behead people in private until capital punishment was banned in 1977). The final public use of the guillotine was photographed by people in the crowd. One person was able to film it. The video and photographic evidence of the social revelry before and after the execution was said to be disturbing enough to the wider French population and the French government that the use of public executions was reassessed.

Of course, this was the very narrative that Foucault was denying. He didn’t believe that the authorities developed some sentiment about the brutality of the practice, that they suddenly saw wrong and cringed from the horror. It was an issue of control.

Guy Debord, author of The Society of the Spectacle, would likely have agreed but for different reasoning.

The whole life of those societies in which modern conditions of production prevail presents itself as an immense accumulation of spectacles. All that once was directly lived has become mere representation. Images detached from every aspect of life merge into a common stream, and the former unity of life is lost forever…The spectacle appears at once as society itself, as a part of society and as a means of unification.

For this context, the last public execution in the U.S., we might understand this to mean that we get a greater and greater transference of power from the action and the representation of the action. In an earlier society, the government or those with power had, for the most part, direct and limiting control of the images of a public execution. They scheduled it; they carried it out. Once people have the ability to take these images themselves and distribute them widely and in whatever context they chose, the power of the spectacle transferred from those that once controlled the execution to those who observe it and then redistribute it.

After 1936, control of these images was reestablished. With executions moved indoors, journalists may watch, if they are selected (usually through a lottery system), but they may not bring cameras or recording devices. They may be searched and stripped of all personal items and given a small spiral notebook that they can use. The families of victims watch like Oneta Johnson watched. In several states volunteer witnesses also watch. In Missouri, at least eight “reputable citizen” witnesses are required at each execution. Virginia, reportedly, has a list of twenty to thirty rotating witnesses compiled from a bank of hundreds of volunteers, because six are required to be at every execution. One of the volunteer witnesses, a paint store salesman from Emporia, told one reported that he had witnessed fifteen executions. When applying to be a witness, you must answer the question “why?” Why they would they want to sign up to watch people die. Some write in that it is a civic duty, some admit to being curious. Florida, though it requires volunteer witnesses, has stopped asking why.

In 1936, though, there was no need to apply for a spot. The execution was downtown, public lot, open humid air. The people were crowding and climbing, the press was swarming. The widely distributed narrative of the execution wouldn’t be the one that constructed by the police or the courts or even the guillotine operator or the hangman. It was the details shared in the papers, in the photographs. The execution was constructed characters: the Lady Sheriff, the Humane Hangman, the Condemned Man, and finally a newcomer to the show — Arthur Hash aka “Daredevil Dick from Montana”. These people become the show and it’s a show that we must now watch to the end.

We might watch out of a need for closure; we might watch out of a feeling of obligation to act as a witness; we might watch because we believe that this is justice; we might, too, still be watching because now it is a story and, even if we know the ending, we can’t resist turning the page.

***

On the day of the execution, 1,300 reporters were present and ready to make the news. Twenty-thousand people stood waiting in the dark vacant lot for history to happen. Vendors had set up the day before and sold the crowd hotdogs and soda. Parents brought their children. People climbed trees, climbed buildings, climbed telephone poles, climbed cars, including the one that would take away Rainey Bethea’s body after the hanging. Phil Hanna stood at the top of the gallows and tested the trapdoor three times to make sure they wouldn’t stick or swing up to hit Bethea on his way down.

Then dawn was arriving and the crowd was growing restless. Some had been up all night at house parties. Some had spent the night traveling to town or trying to sleep in the lot adjacent to the scaffold. Some had tried to sleep underneath the scaffold. The people were growing restless for the event that they had come to see. Shortly after 5:00 a.m., when the dark wasn’t as dark as it had been all night, some in the crowd began to yell “bring him out” and “let’s go!”

Rainey Bethea exited the Daviess County jail and walked the approximately 800 feet to the steps of the scaffold. From witness accounts, at this moment either the crowd cheered or grew hushed. Obviously, it couldn’t be both. At the bottom of the thirteen steps that lead up to the trapdoor, Bethea paused. Sitting down for a moment on the bottom step, he said “I don’t like to die with my shoes on.” He removed one shoe and then the other. He took another moment to remove one sock and then the other and to put on a new, clean pair before standing to take his first step up. He was finally at the top and at the literal center of the attention. He knelt before Father Lammers and said his final confession. Bethea’s ankles, thighs, and arms were then strapped together with leather bindings. The bindings made his body compressed and rippled. Hanna slipped on the noose and arranged it so the knot rested behind his left ear.

It became obvious as the moment neared and Sheriff Thompson didn’t appear, that she had chosen someone else to handle the duty of springing the trap. The picture that the press had come for, the headline that they all wanted, wouldn’t be happening that day. It would never happen. Perhaps fearing her presence would make it more of a circus, Sheriff Thompson sat in a car parked fifty yards away. She had chosen to deputize Arthur Hash who climbed the stairs in a white suit and a panama hat, dodging the reporter’s questions about who he was by saying, “I’m Daredevil Dick of Montana. Take a drink with me when this is over and I’ll tell you my name.”

***

In a moment, it will be over. In a moment, the man will drop and the dreadful physics of a hanging will go as smoothly as Hanna promised with his grim expertise. A moment after that, spectators, in a frenetic rush, will descend upon the still, but hanging, body to tear at it, to rip at the concealing hood and shred it for souvenirs. So many wanted a small piece to take home with them. It will be this frenzy, the barbarism, the reports, the headlines and photographs that show to the world a cheering crowd and the total annihilation of the order that this execution was proposed to uphold that would drive future death behind walls and screens and the transparent, illusory distance of the glass observation window behind which sit those that have retained their right to watch.

***

At the top of the scaffold, Hash appeared to be drunk and staggering. His wife, Cordie, hadn’t been able to understand why he would agree to play the role of executioner, possibly not knowing at the time that he hadn’t just accepted it but sought it out. He sought out this role, to be not only one among many in the crowd, but to be one among few at the top of the gallows’ stairs and to be the sole person with the responsibility of pulling the lever which would hang Raniey Bethea. “Can you imagine him doing a thing like that,” Cordie Hash said “when there are other people in the state who would do it?”

Can we imagine?

When the moment arrived Hash seemed unsure of what he was doing. The moment expanded and went on. He fumbled. Finally, someone helped him spring the door.

* * *

This essay first appeared in Boulevard, St. Louis’ biannual print journal, founded by fiction writer Richard Burgin in 1985. Our thanks to Spillson and the Boulevard staff for allowing us to reprint this essay at Longreads.

How Does It Feel? An Alternative American History, Told With Folk Music

Daniel Wolff | Grown-Up Anger: The Connected Mysteries of Bob Dylan, Woody Guthrie, and the Calumet Massacre of 1913 | Harper| June 2017 | 18 minutes (4,937 words) 

This story is recommended by Longreads contributing editor Dana Snitzky.

* * *

An alien way of life.

You could say the silence started in Calumet in 1913. Word spread that the doors opened inward, that no one was to blame. What followed was a great quiet, a hundred years of agreed-upon untruth.

Or you could say it began just afterward, during the patriotic rush of the First World War and the Palmer Raids that followed. The Wobblies were crushed, the call for a workers’ alternative stilled.

Or you could say it began after the Second World War. If you see the two global conflicts as a single long realignment of power, then after America emerged as a superpower, its century-long Red Scare kicked back in with a vengeance. That’s how Elizabeth Gurley Flynn saw it. She traced the “hysterical and fear laden” atmosphere of the late 1940s back to when she was a union maid visiting Joe Hill in prison. “Now,” she said, “it is part of the American tradition.” In other words, once the nation of immigrants had defined itself, had determined an American Way, it also established the opposite: an Un-American Way.

In 1918, it was the U.S. Senate’s Overman Committee investigating Bolsheviks. In 1930, the Fish Committee looked into William Z. Foster and other communist influences. Eight years later, it was the establishment of the House Committee on Un-American Activities, which continued to operate through the fifties. “The real issue,” as HUAC’s first chairman, Martin Dies, put it, was “between Americanism on the one hand and alienism on the other.”

No one did more to define the Un-American than J. Edgar Hoover. His career began in 1917 jailing “disloyal aliens” as part of President Woodrow Wilson’s Justice Department. Soon Hoover was in charge of carrying out the Palmer Raids. By 1924, he was head of the nation’s Federal Bureau of Investigation. When he appeared before the Senate Internal Security Committee in 1948, he testified to “some thirty-five years of infiltration of an alien way of life in what we have been proud to call our constitutional republic.” That math put the beginning of the infiltration—and the silence—in 1913.

Hoover testified as the Popular Front was making one last national effort. Henry Wallace, former vice president under FDR, had mounted a third-party run for the presidency. Seeing little difference between Democrat Harry Truman and Republican Thomas Dewey, Wallace vowed to establish “the century of the common man.” That included expanded health care, the nationalization of the energy industry, and cooperation with Russia instead of Cold War. Attacking what he called the Red Scare “witch hunt,” Wallace proclaimed, “those who fear communism lack faith in democracy.”

What was left of the Popular Front rallied around him. Alan Lomax headed up a “musical desk” and brought in Guthrie, Seeger, Hays, and others. People’s Songs churned out tunes, including a fiddle-and-guitar blues by Guthrie: “The road is rocky, but it won’t be rocky long / Gonna vote for Wallace: he can righten all our wrongs.” Read more…

Wrestling With the Truth

Illustration by Kjell Reigstad

Alexandria Marzano-Lesnevich | The Fact of a Body: A Murder and a Memoir | Flatiron Books | May 2017 | 22 minutes (6,102 words)

 

Below is an excerpt from the first four chapters of The Fact of a Body, Alexandria Marzano-Lesnevich’s gripping hybrid memoir of a murder case and family secrets. Blending crime reportage with first-person narrative of her own struggles, the braided story wrestles with trauma, violence, and the ways we try to understand the past, especially when those we trust betray us. Our thanks to Marzano-Lesnevich and Flatiron for sharing it with the Longreads community.

Note: This work is not authorized or approved by the Louisiana Capital Assistance Center or its clients, and the views expressed by the author do not reflect the views or positions of anyone other than the author. The author’s description of any legal proceedings, including her description of the positions of the parties and the circumstances and events of the crimes charged, are drawn solely from the court record, other publicly available information, and her own research.

One

Louisiana, 1992

The boy wears sweatpants the color of a Louisiana lake. Later, the police report will note them as blue, though in every description his mother gives thereafter she will always insist on calling them aqua or teal. On his feet are the muddy hiking boots every boy wears in this part of the state, perfect for playing in the woods. In one small fist, he grips a BB gun half as tall as he is. The BB gun is the Daisy brand, with a long, brown plastic barrel the boy keeps as shiny as if it were real metal. The only child of a single mother, Jeremy Guillory is used to moving often, sleeping in bedrooms that aren’t his. His mother’s friends all rent houses along the same dead-end street the landlord calls Watson Road whenever he wants to charge higher rent, though it doesn’t really have a name and even the town police department will need directions to find it. Settlers from Iowa named the town after their home state but, wanting a fresh start, pronounced the name Io-way, even as they kept the spelling. The town has always been a place people come for new starts, always been a place they can’t quite leave the past behind. There, the boy and his mother stay with whoever can pay the electricity bill one month, whoever can keep the gas on the next. Wherever the boy lands, he takes his BB gun with him. It is his most prized possession.

Now it is the first week in February. The leaves are green and lush on the trees, but the temperature dips at night. Lorilei, Jeremy’s mother, isn’t working. She rented a home just for the two of them—their first—but the electricity’s been turned off. Her brother Richard lives in a sprawling house up on the hill, but she isn’t staying with Richard. Instead, Lorilei and Jeremy are staying with Lorilei’s friend Melissa, Melissa’s boyfriend, Michael, and their baby. The baby is two years old, old enough that he wants to play with the boy and screams when he doesn’t get his way.

Read more…

Dancing Naked in Public

Courtesy: Jerry Saltz

Cody Delistraty | Longreads | September 2016 | 16 minutes (4,104 words)

 

If the contemporary art world seems like a place of pretension, status-seeking, and giant checks being paid through Larry Gagosian and David Zwirner, then it’s the critic Jerry Saltz who may be the last hope of bringing us all back down to earth. As Saltz once wrote: although contemporary art may not be of everyone’s taste, it’s still for everyone.

Born in Oak Park, Illinois, Saltz went to the Chicago Art Institute wanting to be a painter but dropped out; he soon became a long-distance truck driver, but after a decade of driving, he decided life couldn’t get any worse and that he might as well go back to his truest passion. So in the early-1980s, with no formal degree, he moved to New York and entered the art criticism scene, writing mostly for the Village Voice. Fast-forward to today and he’s now the senior art critic at New York magazine and has twice been named a finalist for the Pulitzer Prize in Criticism.

Howard Halle, the chief art critic at Time Out New York, calls the 65-year-old “America’s art critic.” And yet, Saltz, although perhaps an American icon, has hardly become a universally beloved one.

A few years ago, Saltz was briefly banned from Facebook for posting what Zuckerberg and co. determined, initially, to be pornography (Saltz maintains that posting ancient and medieval artworks depicting fellatio, cunnilingus, and circumcisions hardly constitutes pornography, and he continues to post these images on his re-activated Facebook page, Twitter, and Instagram accounts, all of which boast, on aggregate, hundreds of thousands of followers). He also recently tried to pull the veil on the economics of the art scene—not everyone is making the big bucks—by posting a photograph showing his Chase checking account balance to be $3,832.16.

Although one wonders how much of his “everyman” appearance is an act (he maintains that it’s not), Saltz’s lack of pretension has been a burst of fresh air in the often-stodgy art criticism scene. Who else but Jerry would compliment Morley Safer’s painting of a hotel room after Safer unconvincingly tried to tear apart the contemporary art scene in two 60 Minutes segments? Or, even more surprisingly, who might say of George W. Bush’s paintings—in which the former president depicted his view of himself in the bathtub and while taking a shower, his back turned, only his face reflected in a small mirror—“I love these two bather paintings. They are ‘simple’ and ‘awkward,’ but in wonderful, unself-conscious, intense ways”?

Not everyone is on board with the Saltz movement. The Dean of the Yale School of Art Robert Storr called Saltz “the class clown” in an interview with Yale Radio, adding, “the idea that he should be running around being the conscience of the art world… all of these things are about Jerry. And it’s too bad.” Storr even clumped in Saltz’s wife—Roberta Smith, the co-chief art critic of The New York Times—saying, “They are punchy writers and again, they draw interest because of the contrariness but there are no principles, and they’re not fighting long term battles for anything and never have.”

But Saltz doesn’t mind it. He’s endlessly quotable and his optimism and energy for art has led to an engagement with the art world from the most surprising of sorts—irritable Twitter users, suburban teenagers, essentially anyone with an opinion. Saltz has, in effect, de-localized art criticism, taking it from students at the Courtauld, writers at Artforum, the galleries and museums in New York and London, and instead placing it online, where anyone with even a modicum of interest in art can share their thoughts with both Saltz and one another.

Saltz and I recently spoke over the telephone, and we discussed, among other topics, where the art world is heading, how it can reorient itself, the current trends (good and bad) in contemporary art, and what the roles of critic, artist, and viewer are and could one day be. Read more…

All Hail the Queen: Five Stories About Pageants

On Sunday, the first openly gay Miss America contestant will vie for the crown on national TV. She’s Miss Missouri, Erin O’Flaherty, and her platform centers on suicide prevention—a particularly prescient topic, since LGBTQ-identified teens are far more likely to attempt suicide than their straight peers. I’m excited for O’Flaherty and hopeful her presence will increase awareness of the abysmal suicide rates among our community. On the other hand, I take issue with O’Flaherty’s declaration that “the Miss America Organization has always been open and accepting of women of all backgrounds.” This, as I learned during my reading this week, is simply not true. Black women were prohibited from competing until 1950. Women who had abortions or were divorced could not compete until 1999. Until recently, the “swimwear” modeling portion accounted for 15 percent of each contestant’s overall score; this year, it’s 10 percent. These are just the facts.

Miss America isn’t the only pageant out there, of course, and this week, I learned about Miss Rodeo America and Miss Gay America, too. In this list, you’ll find stories about drag royalty, the price of the perfect Western wardrobe, the perils of butt glue, and more. Read more…

Little Government in the Big Woods

Illustration By: Katie Kosma

Mary Pilon | Longreads | July 2016 | 8 minutes (2,061 words)

 

Last May, and much to the disappointment of many “Little House on the Prairie” fans, Melissa Gilbert announced that she would be ending her bid for a congressional seat in Michigan’s 8th district.

Best known for playing Laura in the 1970s television adaptation of Laura Ingalls Wilder’s iconic series of books, Gilbert, a Democrat and former president of the Screen Actors Guild cited health problems as her reason from stepping away from the campaign.

But during her short-lived bid for elected office, many Michigan voters and fans of the “Little House” television show and books may not have realized that politics is far from anything new for the franchise. In fact, they’ve been integral since the books’ Depression-era genesis.

Given the wholesome, all-American image of “Little House,” the political history of the books may surprise some readers. Wilder, who was born in 1867 and published the first “Little House” book in 1932, was an impassioned hater of Franklin D. Roosevelt and his New Deal policies. In a letter, she once called Roosevelt a “dictator,” and like her journalist and politically-active daughter, Rose Wilder Lane, Wilder also maintained strongly anti-government views. Lane, along with Ayn Rand, is noted as one of the pioneers of the American libertarian movement. Read more…

The Defenders

Common space at the Bronx Defenders. All photos by Matthew Van Meter.

Matthew Van Meter | April 2016 | 25 minutes (6,411 words)

This story was co-published with The Awl and funded by Longreads Members.

 

On December 20, 2013, Christine Morales got up at seven to make breakfast for Kierra, her two-year-old daughter. They lived in a public housing project in Hunt’s Point in the south Bronx, where Morales worked as a security guard at a grocery store. When they were getting ready to leave, the door of the apartment exploded. Police officers burst in, carrying shields, guns drawn. One waved a search warrant; Kierra started to wail. As an officer pushed Morales to the wall and handcuffed her wrists, her mind raced: she thought through everything she had ever done wrong, trying to understand what had brought the police into her home.

Morales’s arrest instantly set in motion a chain of dispiriting events. Because Kierra was two, and the arrest was for a drug charge, the Administration of Children’s Services opened an investigation. Because Morales lived in public housing, the New York City Housing Authority began eviction proceedings. The police built a case to lock her out of her apartment under a Nuisance Abatement law. Finally, she lost her security license, so she could not go to work.

After spending the night in central booking, Morales was assigned a public defender, Seann Riley, for her arraignment at Bronx Family Court. He asked her about her case and her concerns; she said she just wanted to see her daughter again. The prosecutor read her charge aloud: possession with intent to distribute—Morales’s boyfriend had been dealing drugs out of their apartment. However, Riley pointed out that when police raided the apartment, they had been looking for her boyfriend, not her. The judge released Morales. Meanwhile, her father had taken Kierra to family court, where a lawyer from the child-protection agency insisted that she be placed in foster care for protection. Morales’s boyfriend pleaded guilty to felony drug possession, and, two weeks after her arrest, the prosecutor dropped all the charges against her.

At her family court hearing, Morales learned that Kierra would not be coming home, despite the lack of charges. The judge told her she wasn’t trustworthy, and that her boyfriend had taken the fall for her. She was allowed to see her daughter, supervised, at the child protection facility. When time came to leave, Kierra would ask why she couldn’t go home with mommy, and Morales would try to explain, trying to keep it together until she walked out the door.

Morales’s experience is common in New York, and more common still in the Bronx. Kierra was one of more than ten thousand children placed in foster care, almost all after suspicion of parental neglect—a catchall term that includes everything from excessive corporal punishment to missing doctor appointments. Morales’s poverty was her vulnerability: living in public housing subjects a resident to twenty-four-hour surveillance and automatic eviction after being charged with even low-level crimes.

When the criminal charges against her were dropped, her public defender had technically done his job. The government is required to provide a lawyer to help people through criminal court, nothing more. But Morales’s lawyer was from the Bronx Defenders, which extends representation from criminal court to family court, housing court, and immigration court. Morales was one of 30,000 Bronx Defenders clients in 2014—the only criminal defendants in the city or the country to receive these across-the-board services.

Even after her charges were dropped, Morales had a family attorney and a parent advocate to challenge the family court judge’s ruling. When the police locked her out of her apartment, a civil lawyer from her team got them to let her back in after a few hours. Her advocate, who is not a lawyer, helped her set up parenting classes, and a social worker checked in with her to see how she was dealing with life alone and to offer moral support. Kierra finally came home in June 2014, six months after the arrest. Read more…