Search Results for: Prison

Schrödinger’s Convict: Actually Innocent, Actually a Felon

the front of the supreme court of nevada, a large door flanked by stairs and pillars
Photo by Ken Lund via Flickr (CC BY-SA 2.0)

Megan Rose’s exhaustively researched piece in ProPublica, co-published with Vanity Fair, traced the trial, conviction, and sort-of exoneration of Fred Steese: after a judge declared him innocent of the murder he was alleged to have committed, he signed a little-known (and totally constitutional!) deal called an Alford plea. Rather than submitting to what could have been years of additional hearings to have his conviction formally set aside, the plea got him out of jail immediately — but kept the lid on the prosecutorial misconduct that put him there in the first place, and kept him on the books as a convicted felon.

Though unfamiliar even to some lawyers, the Alford plea has been around since a 1970 U.S. Supreme Court case. Henry Alford, a 35-year-old black man, had said he was innocent of murder but pleaded guilty to avoid an automatic death sentence. He later appealed, claiming that his plea was made under duress, violating due process. The Supreme Court disagreed. The justices ruled that it wasn’t unconstitutional to accept a guilty plea despite protests of innocence, so as long as a defendant had intelligently made the decision and was counseled by a lawyer.

Unlike the better-known no-contest plea, in which a defendant accepts a conviction without admitting guilt, the Alford plea lets a defendant actually assert his innocence for the record. The defendant acknowledges that the state might be able to get a conviction despite his or her innocence. All but three states allow the plea, but the federal government says it should be used only in “the most unusual of circumstances.” The Alford plea is most often used in bargaining before a conviction, like a typical plea deal, and could very well be taken by guilty defendants who simply won’t own up to their crimes. How often it is offered and accepted, and by what sort of defendants, isn’t tracked. Many prominent legal scholars, such as Cornell law professor John Blume, contend that prosecutors are using the plea to quickly and quietly resolve newly challenged convictions. It’s undeniably coercive for a prosecutor to tell someone who has been in prison 5, 10, 20 years that “you don’t have to admit guilt, just sign this plea and we’ll let you go,” Blume said.

Read the story

From a Hawk to a Dove

Illustration by Katie Kosma

Ray Cocks | Longreads | May 2017 | 11 minutes (2,844 words)

Our latest Exclusive is an essay by Vietnam veteran Ray Cocks, co-funded by Longreads Members and published in collaboration with TMI Project, a non-profit that brings empowering memoir writing and true storytelling workshops to underserved populations.

When I graduate high school in the spring of 1967, I’m determined to go to war. I enlist in the army and prepare to leave, proudly, for Vietnam.

Before I go I encounter some older guys coming back home. They speak out against the conflict, but I don’t believe them. “Don’t go,” they tell me. “It’s bullshit. It’s all bullshit.” I think they’re just hogging all the glory for themselves.

Nothing is going to stop me. Besides, what ever happened to “My country, right or wrong”?

***

To tell my story, It helps to back up and start with my father’s.

During World War II, he was a gunner’s mate, third class, on board the aircraft carrier Yorktown — the second one, commissioned after the first was sunk. He was on a five-inch cannon, information that means little to me when I first learn it as a kid. But then I wind up on a four-inch cannon in Vietnam.

My generation was raised by World War II veterans — the iron men who served on such ships and watched as their friends were burned to death, blown to hell, drowned, eaten by sharks, shot to pieces literally. World War II, “the big one,” — a massive, global stroke of insanity that brewed from the ashes of World War I, the war that was to make the world safe for democracy.

These men went through the rest of their lives, for the most part, with untreated PTSD. My father was no exception. Read more…

At War With the Rat Army

Alice Herdan-Zuckmayer | The Farm in the Green Mountains | New York Review Books | May 2017 | 11 minutes (2,896 words) 

 

Below is an excerpt from Alice Herdan-Zuckmayer’s memoir The Farm in the Green MountainsHaving fled Nazi Germany, the Zuckmayers ended up spending several years of their exile on a farm in Vermont, where they engaged in a war of extermination against an invading army of rats. A bestseller in Germany when it was published in 1949, it was reprinted this month by New York Review Books. This story is recommended by Longreads contributing editor Dana Snitzky.

* * *

I felt suddenly that I was not alone.

It was the third summer.

That was when I saw them for the first time.

It was evening, and I had gone into the shed to mix the feed before dark.

In this shed the buckets in which the feed was kept stood across from the entrance in a long row.

There was laying meal, feed grain, and the mash for fattening the chickens. There were buckets for duck and goose feed, which we mixed ourselves.

Zuck had carried the heavy sacks into the shed for me and left them in front of the empty buckets.

I began to untie the strings of the sacks and to use a measuring scoop to fill the buckets with the prescribed amounts of oats, bran, fattening mash, and corn meal.

The quiet of evening filled the shed. Ducks and geese peeped in their sleep. Lisettchen sat above me on her beam. I called her name, but this evening she only blinked at me and wouldn’t fly down.

The feed rattled into the buckets and smelled like fields at harvest time.

Suddenly I stopped in the middle of my work, because a violent, overwhelming terror seized me, like the fear of the unaccustomed and unknown. I felt suddenly that I was not alone with my animals, that I was being watched closely from some corner.

I stood motionless and waited.

Now I heard a noise—a disembodied, ghostly tripping across the wooden floor. Then I saw something standing on the stairs. It was a large, gray-brown rat. Read more…

Between Mom and Stepmom

Illustration by Giselle Potter

Sarah Menkedick | Longreads | May 2017 | 15 minutes (3,743 words)

 

Meg first appeared to me as a nimbus of curly red hair, looming above my top bunk late at night. The hair, backlit and aglow, was so remarkable that I reached up and patted it as though it were a rare creature. Meg offered the nervous, extra-buoyant “hi” of the girlfriend meeting the boyfriend’s kid for the first time. In reply, I stroked the hair.

I was five; she was 25. Just a few weeks before, she had met my dad at an art opening. He was up-front about the fact that he was 37, divorced, with a 15-year-old and a five-year-old. She was working the second shift at a hospital, reading dense Buddhist texts, hanging out with a band of artists whose blue velvet berets and psychedelic hand-stenciled trunks would later color our house. They met in February and married in October. The ceremony was in the backyard of our old brick house near downtown Cincinnati. There was carrot cake, a smoldering fall sunset, an exchange of vows inspired by a California guru. Meg walked down the aisle to the Talking Heads’ “This Must Be the Place.” In November of the following year, my brother Jackson was born.
Read more…

Nyet to Harm Reduction: Russia’s HIV Epidemic

Julien Behal/PA Wire URN:6698749

At Gizmodo, Josephine Hüetlin (writing under the pseudonym Emma Lantreev) reports on how Russia’s aversion to harm reduction as a strategy to combat drug addiction has led to an HIV epidemic. In Yekaterinburg — the fourth largest city in Russia, with a population of 1.5 million people — one in 50 are HIV positive. In Russia, addiction is considered a “moral sickness” and methadone is illegal, “a despised ‘narcoliberal’ idea.” The country has gone so far as to assert that drug addiction and homosexuality are notions imported from the West in a bid to corrupt ‘Russia’s “conservative ideology and traditional values.”’ For those who are suffering, the prospects are grim.

The government’s primary strategy for dealing with people struggling with addiction is “making them feel miserable,” Sarang says. “As if the social pressure will make them stop using drugs.”

In a country with the largest population of injection drug users, methadone therapy is illegal. Methadone distribution is punishable with up to 20 years in prison. Heroin addicts— “anti-social elements,” as they’re called—are expected to quit cold-turkey, perhaps in one of the jail-like “treatment” centers.

Those suffering from both addiction and HIV complications face a torturous dead end. According to several reports by the Rylkov Foundation, doctors have often refused to treat HIV patients who use heroin, on the grounds that they won’t be able to follow their treatment regime.

The City Without Drugs organization is still active, as is their YouTube channel. It features hundreds of videos of drug addicts being dragged half-conscious through the street, their faces not blurred, or confessing their alleged worthlessness, their hopelessness, their shame.

Read the story

The Top 5 Longreads of the Week

President Donald Trump pauses as he talks to media before signing an Executive Order on the Establishment of Office of Trade and Manufacturing Policy at The AMES Companies, Inc., in Harrisburg, Pa., Saturday, April, 29, 2017. (AP Photo/Carolyn Kaster)

This week we’re sharing stories by Evan Osnos, Ashley C. Ford, Michael Grabell, Chris Heath, and Becca Andrews.

Sign up to receive this list free every Friday in your inbox. Read more…

The Admission

Illustration by Kjell Reigstad

Stacy Torres | Longreads | May 2017 | 26 minutes (6,472 words)

 

I didn’t go to Bellevue because I worried that’s where the real crazies went. Anytime you read about a gruesome crime in the papers, like a person pushing someone in front of a subway, the suspect was always “taken to Bellevue.” No thanks.

Years before, my mother had brought me and my three little sisters to Bellevue every few months, when she filled out paperwork for the government vouchers that gave us free groceries like milk, cereal, peanut butter, and tuna. We made this journey across town for five years, until my youngest sisters aged out of the program. Even then, the place smelled of desperation. Late mornings hordes shuffled in and out of the massive public hospital. My mother steered us through wide corridors where throngs of doctors, nurses, sick people, and other harried mothers dragging whiny children like us passed by in tidy procession, making the flooded hallways seem both chaotic and orderly. The WIC office sentenced me to hours of studying grubby floor tiles and floating dust particles, made visible in the sunlight streaming through the tall windows, while I squirmed in my shiny blue plastic seat, flanked by my mother and younger sister Erica. Every few minutes one of the twins broke up the monotony by flinging a bottle from their titanic double stroller onto the floor. Though I’d armed myself with a half-filled coloring book and errant Barbie, boredom always struck too early, leaving me to focus my mental energies on willing the clerk to call my mother’s number.

“No one gives out anything without wanting something back,” a heavy Black woman once grumbled to my mother halfway through one of our marathon waits.

“That’s right,” Mom said sympathetically as the woman refastened the army of pink plastic barrettes on her daughter’s head. With each tug of the brush her daughter winced, and she ordered her, “Stay still, girl.” What other choice did we have?

When I checked myself into a psychiatric unit almost 15 years later, at age 20, I went to Roosevelt Hospital. Roosevelt stood a block from my college and Columbus Circle, where my mother had worked years before, at the torn-down New York Coliseum building, as a secretary for a life insurance company. I’d gone to Roosevelt for childhood scrapes and falls, a broken collarbone when I was 5 and a hairline foot fracture at 11. John Lennon died there after being shot in front of the Dakota. His assassin went to the Bellevue prison ward. The day of my admission, my college sociology professor came with me, and together we slogged through the heavy, wet snow that had blanketed the sidewalks overnight. Fat flakes still fell as we walked the block from Fordham University’s Lincoln Center campus to the emergency room. Read more…

Good Coffee Shouldn’t Have to Cost More Than $1

Credit: Associated Press

A funny thing happened after colonists, disguised as Native Americans, dumped 300-some chests containing tea into the Boston Harbor: The importance of tea—both politically and culturally—in the United States was over, and the people needed something else to drink. That void was filled by coffee, which first arrived in North America courtesy of Captain John Smith, but until the Boston Tea Party, coffee was a niche beverage: just .19 pounds per capita was consumed in 1772.

Following the Revolutionary War, a period in which John Adams wrote of the troubles “wean[ing]” himself off tea, Americans had fallen in love with the coffee bean, drinking 1.41 pounds per capita by 1799, and the infatuation skyrocketed for the next 150 years. Coffee was enjoyed by all classes—Park Avenue socialites and coal miners alike could take their coffee black or with a dash of cream. And as boiling the grounds with water gave way to the percolator and the electric drip coffeemaker, Americans put the pot on more and more often, drinking an astonishing 46 gallons per person a year—a record that will never be topped. Read more…

The Unlikely Friendship of Long Ma and Bac Duong

Long Ma sits inside his taxi during an interview following his escape. (AP Photo/Nick Ut)

When 71-year-old taxi driver Long Ma answered the phone and agreed to drive Bac Duong and a few friends home, he had no idea he was about to be taken hostage by three escaped inmates. Although one of Ma’s captors was set on killing him, he developed a deep bond with Bac, a fellow Vietnamese immigrant. After almost a week in captivity and thanks to Bac, Ma got away alive and today, visits Bac regularly in prison — the two regard one another as father and son. Paul Kix tells their tale in GQ.

Money had always been tight, which exacerbated the arguments between Ma and his wife. He knew she was losing respect for him and knew that everyone in the family noticed it. Rather than suffer the indignity, Ma moved one day, without explanation, from their home in San Diego. He found a little room in the Garden Grove boarding house and began a solitary existence as a driver—a choice that seemed to have led to this: He was a hostage in a squalid motel room, debating whether an accused killer actually cared for him.

The escapees decided they needed to move north, and on Tuesday morning, they drove 350 tense miles to San Jose, where they found another motel. The journey exhausted Ma. And that night he began snoring so loudly that he woke Duong, lying beside him. But Duong didn’t elbow him awake. Instead, he slowly climbed out of bed, careful not to stir Ma, and curled up on the floor, so Uncle might rest more peacefully.

Read the story

Bringing Her Dad Up to Speed After Thirty Years Away

At Refinery29Ashley C. Ford has a moving personal essay about getting to know her father now that he’s been released after thirty years in prison Her father has missed so much of his daughter’s life, but that’s not all he has to catch up on. Having been incarcerated since the late 1980s, he is way behind the times, technologically speaking. He’s new to the whole world of cell phones, not to mention texting.

At least once a day I open my phone to scroll through our one-sided text conversation. There are a few sentences from his end, words separated by periods. He has trouble with the space bar. I see the uninterrupted column of my selfies and views of my surroundings. I know he appreciates the technology that allows him to see my current world so clearly, as he missed so much of my past. Because he has trouble responding with text, he calls to say how wonderful I am, how proud of me he is, and how much he wishes he could see the things I see every day. If I can’t answer he leaves minute-long voicemails. He is a talker, and I am his rapt audience.

I know someday he’ll figure out how to text exactly what he wants to say. When that happens, I’ll miss how much we’ve had to fit into phone calls, and how I’ve had to describe all the things he can’t see about who I am and where I am. I’ll miss his voice, too. His strange and familiar voice that sounds so much like my brother’s, and his brother’s, though the thoughts often sound just like mine.

Read the story