Editor’s Note: March 4, 2016
The Intercept has learned that Juan Thompson’s mother did have outstanding warrants when she was arrested and held for two nights. According to court records, Yolanda Thompson had two warrants for driving on a suspended license, one from 2001 and another from 2003.
We were unable to confirm that authorities acknowledged an identity mix-up to the reporter or that the reporter spoke to the other Yolanda Thompson. The problems with this story reflect a pattern of misattributed quotes that The Intercept uncovered in stories written by Juan Thompson, a former staff reporter. We apologize to our readers.
On a late spring evening eight years ago, police pulled over my mother’s 1997 Oldsmobile Aurora, in the suburb of St. Ann, Missouri, as she raced to pick up a relative from St. Louis’s Lambert International Airport. “Do you know why I stopped you?” the officer asked. “No I don’t,” my mother answered. The police charged her with speeding, but she did not receive a mere ticket. Instead, an officer ran my mother’s name and told her that since she had failed to appear in court for driving without a license, there was a six-year-old warrant out for her arrest. “I just started crying. I couldn’t believe it,” my mother said. The police arrested her and hauled her off to St. Louis County Jail, where authorities eventually allowed her one phone call, which she placed to my stepfather. He said, shaking his head, “I was surprised because I knew she didn’t have no warrants.”
St. Ann is one of the more notorious cities in the county when it comes to traffic violations, and in my mother’s case, the city’s finest, quite simply, fucked up. As it was, my mother had no warrant; the police confused her with another woman who shared her name — sans the middle initial.
She would go on to spend two nights in jail, pay $1,000 in fines that she did not owe, and plead guilty to the crimes of the other woman. She paid a devastating price, financially and emotionally, for the racist and classist policing described in last month’s Justice Department report on the tumult in Missouri. The 102-page document details the physical and economic terror inflicted upon the poor and black residents of Ferguson, Missouri. The report echoed the torrent of criticism that residents have long lodged at the city’s overseers. But, as my mother’s experience helps illustrate, the injustices cataloged by the investigation are not confined to one tiny Midwestern suburb. Ferguson is emblematic of how municipalities in the St. Louis region, and across the country, operate as carceral, mob-like states that view and treat poor black people as cash cows.
In Ferguson, at least 16,000 individuals had arrest warrants last year compared with the town’s total population of just 21,000 residents. Those warrants fed what the DOJ called a “code-enforcement system … honed to produce more revenue.” In nearby City of St. Louis, the 75,000 outstanding arrest warrants are equivalent to about one-quarter of the population, part of a county-wide problem of cash-strapped cities incentivized to “squeeze their residents with fines,” as The Washington Post put it. One city, Pine Lawn, Missouri, recently had 23,000 open arrest warrants compared with the city’s population of just 3,275 residents; court fees and traffic tickets make up nearly 30 percent of its municipal revenue. “Getting tickets — and getting them fixed — are two actions that define living in the St. Louis area,” the St. Louis Post-Dispatch reported earlier this month.
Statistics alone cannot convey the financial and emotional toll individuals and their families pay as a result of predatory fines and selective policing. Those costs are far reaching — as my own family discovered in the wake of my mother’s arrest. They can also be deadly, as Walter Scott’s brutal murder demonstrated.
The woman with whom my mother was mistaken bore, in her mugshot, a striking resemblance to my mother. They were both about the same height and weight, and also shared a similar caramel complexion. “She even looked like me!” my mother said with laughter that did little to conceal her unremitting anger. But at the time my mother phoned my stepfather, neither of them knew about the blunder, so he set off for Clayton, the tony suburb where the county jail sits, with the intention of bailing his partner out. It’s somewhat remarkable that Clayton is the site of the county jail. It’s as if the powers that be want to rub the wealth of predominately white Clayton in the faces of the poor black people who are disproportionately jailed there.
“I got there,” my stepfather said, and “they said she wasn’t there. They said they couldn’t find her.” My mother, who has 10 children, was lost. Lost because the county jail had not processed her. Lost because the county’s system was too inept to prevent or correct such a slip-up. Lost in just the latest example of how little black lives matter within the country’s criminal justice infrastructure. Late in the evening that first day, authorities shipped her off to the St. Louis city jail where her doppelgänger’s original warrant was issued. “They didn’t believe me when I told them they had the wrong person,” she said. Jail administrators were not much help to my stepfather during his frantic search: “One of them told me she probably ran off,” he said. “It was bad,” my mother said. “I fell asleep and woke up expecting it to be over but he [my stepfather] still hadn’t come yet.”
Meanwhile, the pain my mother sustained was twofold. She grieved at being falsely imprisoned, and later, for the emotional torture my stepfather and siblings experienced.
“When I was locked up I was crying, and this other woman in there told me, ‘Stop being a weak ass bitch,’” my mother remembered. “She told me if I didn’t stop crying for my kids she would snatch my wrist bracelet and walk out as me. So I stopped crying and tried to toughen up.” She found out later that the only man I had known as a father shed his own tears when he failed to locate her, which says a lot considering my stepfather belongs to the daft patriarchal old school that equates male tears with weakness. “That nigga was crying as he drove around looking for me with two BBQ dinners,” she said with a smile. My stepfather picked up two dinner plates for them that evening from one of St. Louis’s most iconic BBQ joints, Smokehouse BBQ. “She wanted BBQ that night and I was trying to surprise her,” he recalled.
After two days, with the help of a relative who worked for the city government, he found her at the city jail. Amazingly, she was still being mistaken for someone else, and so she was forced to pay $1,000 for the fines of the other woman. For my parents, as it is for most low-income people molested by our criminal justice system, $1,000 is a lot of money. “Shit. That was a $1,000 dollars out of my kids’ mouth,” my stepdad said, invoking my nine younger brothers and sisters. “That was grocery money.” The bogus fines my parents paid capture how the current system adversely impacts poor people, which is why, presumably, the woman to whom the fines actually belonged did not pay or show up to court. As fines escalate, jail morphs into a debtors’ prison housing the underprivileged. The woman with whom my mother was confused told me during a very brief conversation, “I feel bad that that happened to her and to y’all.”
Although authorities eventually acknowledged the identity mix-up, my family’s money was never returned. My parents, like most in my old west St. Louis neighborhood of Wells-Goodfellow, are hard-working, tenacious people — he a construction worker who finds jobs sporadically, and she a restaurant server. “The whole thing pissed me off and scared me,” my mother told me. When asked why she didn’t file a complaint with the police, the woman I still call Mommy asked me, in an irritated tone, “What the hell is wrong with you Juan? Who was I gonna complain to?”
As I was reporting this story, I discovered a trove of information that symbolizes how grossly incompetent our criminal justice system is when it swoops up poor people. Missouri court records show that my mother and the other woman were born in the same year. Court documents also indicate that clerks routinely misspelled the names of both women, which perhaps explains the mix-up. But judicial records fail to clarify why my mother was initially denied a phone call, or why the police chose not to process her when she arrived at the city jail. Worse, to my surprise, my mother actually pleaded guilty to the traffic charge. “I just wanted to go home,” she told me.
My mother’s guilty plea, like a scarlet letter, remains with her. Judge Jed Rakoff, writing last year in The New York Review of Books, explained why certain people plead guilty to crimes they did not commit: “The typical person accused of a crime combines a troubled past with limited resources: he thus recognizes that, even if he is innocent, his chances of mounting an effective defense at trial may be modest at best.” In other words, a wealthier woman with resources and an attorney never would have experienced what my mother did. Even more bluntly, the child of a white woman from Clayton would not have had to go to sleep at night, and awake in the morning, wondering just where his mother was.
When Mommy was disappeared by the police, I was away from home, but certainly no less furious. Her defeatist attitude and resignation about it all still stings eight years later. She is, by far, the strongest person I know. And yet that strength, which I grew up admiring, and which I have sought to replicate in adulthood, could not protect her when she encountered the police. Her strength was absent as she sat behind bars for two days, and it did not prevent St. Louis’s authorities from stealing her $1,000.
My mother’s gratuitous detention scarred her, and today she no longer drives in certain surrounding areas out of fear she will be stopped once more. And when I am her passenger, the anxiousness emanating from the driver’s seat is palpable and affecting. The arrest also impacted my four little sisters who, at that time, were all under the age of 10. The youngest, my baby sister, who we call Babe, was only a few months old. My stepfather couldn’t tell them where their mother was because he did not know. “When is Mommy coming home?” one of my sisters asked my stepfather. He told me, “Man, I just broke down inside. I didn’t know what to say.”
Recently I contacted the St. Louis Police and Circuit Attorney’s Office about the stolen money, and instead of answers, was given the inevitable runaround. They refused comment on this specific case because it goes against department policy, a spokesperson claimed. But I now have this platform — thanks in large part to my mother’s resilient parenting — and I assured the police spokesperson there would be no rest on my end until my family receives an apology and reimbursement. If I have to write about l’affaire Thompson repeatedly, and badger city officials with my voice frequently, then so be it. I’ve reached out to civil liberties lawyers about the next step.
Unless one actually lives through such turmoil, he or she cannot fully comprehend the horrible feeling of not knowing where his or her mother is. No child should have to endure that sort of painful uncertainty, but, of course, America has an extensive track record of ripping black parents from their children. The institution of slavery attempted to erode the black family, while apartheid Jim Crow murdered black parents and left their offspring parentless. And today, as America’s sordid history forecast, approximately 1.3 million black children are partially abandoned, as their parents sit behind bars.
The distinction between the vicious slave state then and the grisly police state tormenting black folk now is minimal. In fact, today’s police departments can trace their origins back to America’s first slave patrol squads. Like their predecessors, contemporary police are surveilling black bodies, while protecting an economic order that exploits black people. To fill their coffers, governments like the one in Ferguson dispatch police to prey on low-income people who, in the St. Louis region, are inordinately black; conversely, the 19th-century American economy was a violent enterprise built on the black backs of enslaved humans. The profitable cotton industry, boosted by black slave labor, “powered the modernization of the rest of the American economy, and by the time of the Civil War, the United States had become the second nation to undergo large-scale industrialization,” according to Edward Baptist’s 2014 book, The Half Has Never Been Told: Slavery and the Making of American Capitalism. Further, during the slave era tortured black people had no legitimate legal recourse to seek their liberation. Fast forward to now: my parents and others do not have lawyers on retainers, available at a moment’s notice to do battle with imperious police officers and powerful prosecutors.
This sinister cycle of oppression, which affords poor people so little latitude, is actively destroying the lives of black people who are living in a perilous state of purgatory, unsure of when and where to drive, always on the lookout for a gang who will steal their money, along with their freedom, and lock them up before shuttling them off to various counties for additional abuse. Such transgenerational trauma shows no signs of subsiding.
Countless black St. Louisians have stories that are similar to the ordeal my mother suffered. To give you further proof of how deep the rot goes, consider the following, just from my family alone. Once, while I was riding with my grandmother, she was pulled over by police and arrested. She had outstanding warrants for failing to pay traffic tickets, but in what humane world would the state arrest a grandmother, in front of her grandchild no less, and leave him on the side of the road waiting for a ride? Six years ago, an aunt could not afford to pay some traffic ticket or another, so instead of taking the risk of driving with a suspended license through the hellish surrounding counties to get to her job, she just quit.
To this day, she has yet to find steady employment. And she has never paid the initial ticket because she lost her means of transportation to her job after the revocation of her driver’s license. I only recently discovered that another relative, an uncle, is in jail right now for a traffic-related offense, even though he has already spent time in jail for the same violation. Strangely, however, the county is billing him for the time he spent in jail the first go-round. Naturally, said uncle, who struggles to pay his rent, is similarly unable to pay for his penal accommodations, thus back to jail he goes. And he too lost his job.
My family’s horror stories are far from unique. Cities with poor populations, and low tax revenue, make up the difference with fines. The Washington Post last September called such schemes “perverse”:
In recent years a state pool was established to distribute sales taxes more evenly, but existing towns were permitted to opt out. Most did, of course. Perversely, this means that the collection of poorer towns stacked up along the east-west byways are far more reliant on municipal court revenues. That means they face much stronger incentives to squeeze their residents with fines, despite the fact that the residents of these towns are the people who are least likely to have the money to pay those fines, the least likely to have an attorney to fight the fines on their behalf, and for whom the consequences of failing to pay the fines can be the most damaging.
In certain more sensible countries — e.g. Denmark, Finland and Sweden — authorities employ a sliding-scale system that allows citizens to pay fines based on their overall income. A similar practice would mitigate the unfairness of America’s present arrangement. Joe Pinsker, writing in The Atlantic, said, “Income-based fines could introduce fairness to a legal system that many have shown to be biased against the poor.” But until such reforms are implemented here, corrupt, financially strapped municipalities will continue to extort poor black people with what are essentially poverty violations — punishments for being poor. As such, Ferguson’s political economy is dependent upon police harassment, theft, and general mistreatment of the town’s poor black citizens. According to the DOJ report:
In a February 2011 report requested by the City Council at a Financial Planning Session and drafted by Ferguson’s Finance Director with contributions from Chief Jackson, the Finance Director reported on “efforts to increase efficiencies and maximize collection” by the municipal court. The report included an extensive comparison of Ferguson’s fines to those of surrounding municipalities and noted with approval that Ferguson’s fines are “at or near the top of the list….” While the report stated that this recommendation was because of a “large volume of non-compliance,” the recommendation was in fact emphasized as one of several ways that the code enforcement system had been honed to produce more revenue.
Moreover, the officials who run some of these towns and cities are not just mephitic racists exchanging lame emails about black people like the gang in Ferguson. Some St. Louis County communities — like the aforementioned Pine Lawn — are controlled by black political actors. Yet this fact does little to assuage the understandable concerns of many poor black folk that not only are civic institutions not on their side, but the same entities are actively targeting and robbing them. It should be noted that historically, the impoverished towns and cities where black people live are the direct consequences of centuries of socioeconomic abuse directed toward (and the state’s neglect of) America’s most marginalized and long-suffering demographic. “It’s a crime and a scandal,” my mother said of the whole thing.
Against this scandalous background, one can only conclude that the regimes of the St. Louis metropolitan region, and their enforcers represented by the police, are rackets, deliberately and explicitly robbing poor black families of their limited financial resources. Libertarian and conservative activists should rally to the side of local demonstrators because the idea of armed agents of the state acting as revenue collectors ought to frighten any American — black, brown or white. Ultimately, though, I fear W.E.B. Du Bois was correct when he wrote, “A system can never fail those it was never meant to protect.”
It must be terrible to get robbed by people that you believe you can trust. It reminds me of when you walked out on your rent and your roommate (me) got stuck with $1109 bill. Then ignore the emails and calls as if it never happened. Do you think what you did Juan, is much different than this?
Hypocrisy at it’s best.
I have no idea if this is true or not but I am pretty sure you could have filed a small claims case if it were true. What you could not do is give him someone else’s felony record and lie about it. What you should not do is give into the whole internet shaming crap as recourse. Quit whining and be an adult.
Concur, but what does your sentiment have to do w/ their issue, or the article in question?
Already answered. Dropping this. Inappropriateness needed to be called out, not repeatedly drawn attention to. My response was for the OP.
crackerjack’d..
Actually, no it hasn’t.
Why? Did you come to the realization that your sentiment had fuk’all to do w/ the article in question?
Concur. Hence, my initial question.
A Quit Pussyfooting And Be An Adult Production
also, you meant “its”. Sorry, no offense, transposition and omission typos don’t get to me but the it’s thing always rankles me. Though that isn’t why I replied. I replied because you either have an agenda in which case, shame — or you don’t know you have legitimate recourse (which is odd since you clearly were able to google enough to find his article) if this is what happened. I frankly do not care which is true. Hypocrisy is just a messed up cycle. Be above it.
No, this should NOT be a conversation about race. It is, fully and deeply, a conversation about social status and expectation. By leaning on the phrase and idea of “black folk” you remove the onus of actual repression by relying on stereotype. Yes, this happens and it is awful but (putting paenological statistics aside) these sorts of things happen often to “white folk” too and a duBois quote doesn’t change that.
Thus is really two problems. Race gets you to the prison gate faster but you are just as screwed if you’re poor and white or Hispanic or Asian after you’ve gotten there, if you’re broke or in the wrong place or from the wrong part of wherever. If you want to get pulled over repeatedly in the very whitest tech-heavy parts of the Bay Area of California for instance, you needn’t be coloured – just have Southern plates. If you’re in the projects in any American city you’re seen as a criminal and given utterly useless representation just like everyone else there, black, white, Dominican, Haitian, European or Japanese.
The system is the problem. Prejudices just make the system flow a bit more smoothly in its quest to repress everybody that disagrees with it – or dares to think they have just as many rights as Zuckerberg.
The over reach of power by the police knows no boundaries of race. It is just as damaging to any one who goes through these injustices. We all have been robbed of trust and security in the system. Its easy to criticize these stories unless it has happened to you. I am saddened to say all this will never change. Its only a matter of hours before the next story comes along. People will believe what they want facts and videos won’t change their mind.
This is still the Wild West and it includes a Mafia government! Cannot say this is the best country on the globe, by far NOT!
THE // INTERWTF?
‘On a late spring evening, eight years ago, police pulled over my mother (for speeding), as she raced to pick up a relative from St. Louis’s Lambert International Airport. The police confused her with another woman who shared her name (and had) a six-year-old warrant out for her arrest (because she) had failed to appear in court for driving without a license.’
‘The “notorious” St. Ann police arrested and hauled her off to St. Louis County Jail (because they) quite simply, fucked up. My mother had no warrant; the police confused [honest mistake] her with another woman who shared her name — sans the middle initial.’
‘She would go on to plead guilty to the crimes of the other woman. She paid a devastating price, for the *racist and classist policing described in last month’s Justice Department report on the tumult in Missouri..’
..
Mr. Juan Thompson,
This is utter drivel. The gall one must have to pimp “mommy” out as an example of *racial injustice over a stated, ‘fuk`up’.
Pathetic.
Kindest Regards..
dong`
A “She Even Looked Like Me!” Production
Your comment was white noise and made no sense.
One must be sensible to comprehend sense, dipshit.
Weird little troll.
Settle down, fanboy.
His comment was “white noise” and……….. it made perfect sense. He’s a thoroughly modern racist, who can’t stand to read about a valid example of the kind of racially biased “policing” that is common in small cities across the heart of America.
There was no excuse for this to have occurred merely 6 years ago. By that date (~2009) police departments in the greater St. Louis area should have (probably did have) had the ability to cross-reference drivers’ license information with social security numbers, professional licenses and other data. They weren’t using the capabilities they already had — capabilities funded by our federal tax dollars — because they didn’t feel the need to. And because habitually tossing working class blacks in jail had become a profit center. One that funded and funds a great many “respectable” jobs for guards and paper pushers.
For every ~50 or so harmless, middle aged blacks who spend a night lost in the jail system of greater St. Louis in 2009, at least one sinecure was created. The fees and payments squeezed out of them covered one flunkey’s salary, benefits and overhead for that year. There are surely many times that number getting caught up in this system annually.
Over-aggressive, money grubbing local governments are not something new in middle America. They have been a feature of the “heartland” for many decades. However, as the real, productive economy has shriveled, they’ve become larger, more common, more punitive and far greedier.
Classic. Fluffy the Fat Pussy makes a racist comment, and labels me, the racist. Fuk`off, you smug pissant. Or better yet, how about you substantiate “Mommy’s” ‘..valid example of racially biased policing’ w/ something besides ‘hearsay’ to validate Juanito’s “racist” claims..
A When Mommy Was Disappeared By The Police Production
“The gall one must have to pimp “mommy” out as an example of *racial injustice over a stated, ‘fuk`up’. Pathetic.” – suave
The gall one must have to rake-over-the-coals one individuals personal experience of the police-states example of what is now being seen as a troubling reality nationwide: Pathetic.
A ‘You Can’t Fix Stupid’™ Production
How does getting pulled over for ‘speeding’ and arrested for a ‘mistaken identity’, constitute a “police-state example”?
“Now”?? My grandmother spent 4 days on a bus from LA to Selma, so that she could protest ‘police brutality’, back in 1965.
You’re welcome!!
A ‘I Just Fixed Stupid’™ Production
“An”. Change starts at home.
A Taglines Are Adolescent Deduction. ;)
Touche`, schoolmarm. Now how about you politely answer the question that you have pathetically, avoided.
A Stop Being A Weak Ass Bitch Production
https://firstlook.org/theintercept/2015/04/08/how-st-louis-police-robbed-my-family/#comment-122969
Because you aren’t the original poster or his friend?
Reuse of taglines shows a distinct lack of creativity. Taglines shows a distinct lack of maturity. You’re boring.
Pimp? Really? I have to go with Silly on this, and also suggest the only appropriate part of this comment was the way you signed it.
Pimp – to exploit
Try any dictionary, that’s not what it says.
http://dictionary.reference.com/browse/pimp
Neither Oxford’s nor Webster’s use exploit as a verb description though the function is implied as a secondary verb use.
My point remains though that accepted definition even as a verb is to prostitute, and I somehow doubt you’d use that word to describe a Glenn article about his mom receiving injury from unreasonable policing.
Choosing pimp instead of exploit paints a picture of some decidedly uncool or possibly evening alcohol aided prejudice.
That’s on you, pal.
So basically, your ‘implication’ that “that’s not what it says” (dictionary), was refuted. I concur.
Correct. What you have yet to comprehend, is that I’m arguing that Mr. Thompson’s “Mommy” didn’t receive her described ‘traumatic injuries’ from “unreasonable”, “racist” policing.
An ‘alcoholic’ & a ‘racist’, to boot?! Fuk’off, chump..
A Stop Being A Weak Ass Bitch Production
Yes. Exactly.
Do you still let “Mommy”, argue your points, as well?
A Wasabi Encrusted Lips Production
There is only one response that should be made when individuals such as you, open their mouths, and that response is simply, ignore you.
Now that I’ve educated you, I will never again acknowledge your existence; you could examine your aberrant thought processes, recognize your failings, and truly be alive. Then I would reconsider.
Will ‘Three Hail Mary’s’ suffice, Padre`???
Not directly related, but I can’t help but think of the ghastly voter purge program brought to light by AlJazeera last year.
Grant you, this program seems intentionally designed to disenfranchise minority voters, as opposed to the institutionally racist neglect Juan’s mom was subjected to. But not processing her sends a red flag, given the incentive structure. Regardless, the general animus toward the democratic franchise and equality before the law shine two sides of the same fascist coin.
So true
I kept thinking about all the people who get harrassed or refused the “opportunity” to travel because their name is similar to someone on the No Fly or SSS lists. Including toddlers.
Sorry this is a bit off topic, but I’m from England and I am always outraged by stories of police violence and corruption in the US. Maybe this explains it:
http://m.dailykos.com/story/2015/04/01/1374908/-American-police-killed-more-people-in-March-111-than-in-the-entire-United-Kingdom-since-1900
“American police killed more people in March (111) than the entire UK police have killed since 1900
Yeah. Those numbers are real.
A total of 111 people were killed by police in the United States in March of 2015. Since 1900, in the entire United Kingdom, 52 people have been killed by police.
Don’t bother adjusting for population differences, or poverty, or mental illness, or anything else. The sheer fact that American police kill TWICE as many people per month as police have killed in the modern history of the United Kingdom is sick, preposterous, and alarming.
In March:
Police beat Phillip White to death in New Jersey. He was unarmed.
Police shot and killed Meagan Hockaday, a 26-year-old mother of three.
Police shot and killed Nicholas Thomas, an unarmed man on his job at Goodyear in metro Atlanta.
Police shot and killed Anthony Hill, an unarmed war veteran fighting through mental illness, in metro Atlanta.
I could tell 107 more of those stories.
This has to end.”
Hi nojokes –
Philip White was beaten right here in my own home county. There was another incident in Bridgeton also here in my county and right next door to me) of Jereme (sp)Reid was killed at a “routine” traffic stop.
Juan and Ti Staff – we’re only about three hours from NYC – maybe you should consider having someone cover these stories…
Hi feline16 –
That’s terrible. These stories deserve more exposure, but if there are over a hundred a month that’s more than three a day, a lot of stories to cover!
An extremely interesting topic, and some passages in this article give a powerful sense of the crippling injustices and imbalances on which the operation of a society rests.
The incredible revelation that a fining industry keeps municipalities afloat at the expense of the poorer segment of the population, often but not always non-white, and this irrespective of whether local leadership is black or white, was an eye opener for me, on Obama’ s USA.
But for the rest, a lachrymose piece of writing that has little to do with professional journalism. Frankly It could have been twice as impressive with half the word count. Pity also that the author, not short on rightly upbraiding incompetent policing, finds little to say about people who admit to a wrong that they did not commit “because they just want to go home”. System is hardly to get better if nobody, including journos, is interested in confronting such dysfunctional behaviour.
As to the use of the word “torture”…. FFS, do read some of the work published by your colleagues in TI on what the word means. Then decide if that’s the word you want to use in respect of the scandalous treatment afforded to your family.
I don’t think you know exactly what journalism is, but this mini lecture will most certainly keep me up at night wondering about how to do my job.
Juan — I agree that Ter is overboard here. But I do know journalism, and had I been your editor, I’d have kept the powerfully-crafted facts that support the point you are making — and cut the slavery references.
Because even if factual my friend, they are truly not relevant. As I shared earlier regarding my own experiences in St. Louis County — this abuse doesn’t happen only to black people.
You have a real gift. I hope you can see my point — and that as you polish your craft, you will speak truth to power without feeling compelled to force things.
The modern American police force descended from slave patrols. To enforce “property rights”. That’s our history. That’s our cultural DNA. It’s not vestigial. It acts on the phenotype. The only thing “forced” in this thread is the racial myopia. Ears to hear and eyes to see.
“Because even if factual my friend, they are truly not relevant.” – texas
So, facts are no longer relevant in telling a story? No one – and I repeat – no one that I’m aware of here is saying that these issues do not occur with all too much frequency irrespective of race (see my other comments about this specific) but to really suggest that the facts don’t matter and that to “speak truth to power without feeling compelled to force things” is the avenue one needs to take to get the desired results is not only a cop-out to self-advocacy, but to the facts themselves.
In other words, just like the John Oliver piece on the topic regarding “just what will get American’s up-in-arms with and outspoken with regards to the Patriot Act and the surveillance states abuses” (dick pic, it seems) this is just another example of what successful writing can achieve – which is ‘audience participation’ – something that’s been non-existent for far too long around here.
In the end, just like what’s happened because of the Jon Oliver interview with Snowden (and all of the Jon Stewart coverage for years = millions of more informed citizens) here’s a bit of mud-in-yer-eye regarding this efficacy of writing and reporting by whatever venue available to reach an audience to affect change:
Results are relevant – especially when – no matter your race – American citizens, lower to middle class in particular, haven’t been fairing so well.
Juan’s personal anger — while a fact — is not valuable to the story. His sputtering got in the way. In particular, we read far too little about the other members of his extended family; their experiences were buried at the tail end of an overly long piece.
He was attempting to report on systemic, pervasive misuse of police powers in the greater St. Louis area. A Reign of Error that extended throughout the region over at least the last 15 years. An effective, powerful article would have started off with his mother’s story, its angering conclusion, and then immediately expanded into the similar experiences of his distant relatives. Instead we had to skim over his perorations on his own feelings, and the history of the nation.
There was much more that could have been done with this material. I.e. what if he had included a map of where each family member got ticketed, and/or where they were when hauled away. Annotated the map with time data. Discuss how expanding this mapping to all traffic arrests in a 5 year period might identify problem spots. Wind up the article soliciting for data analysis info. (Or perhaps, overlaid his family members arrests on an existing map of this data. Bet you there is one somewhere. This shit is supposed to be public record.)
If someone or some group were able to map all traffic arrests in the Greater St. Louis region over the past 5 years, I guarantee you would see bullseyes or “hotspots” on that map. If you extracted the arrest records from each of those bullseye locations, you would find out that some of them correlated with intersections that needed policing, and that many corresponded with nothing. Nothing at all, except easy huntin in a baited field.
You — or at least the Feds — can build a case off that kind of data. You can force changes in the conduct of the police, the jail system, the courts and the local government with that kind of data. You can’t do jack shit with Juan’s wandering verbiage.
“Juan’s personal anger — while a fact — is not valuable to the story….You can’t do jack shit with Juan’s wandering verbiage.” – FluffytheObeseCat
That’s a lot like – no, pretty much exactly like – saying Glenn Greenwalds’ or Laura Poitras’ personal animus towards the police state is not valuable to the story.
While a;; authors verbiage may go off on tangents at times – I’d certainly rather see more that ties these abuses to the specific and exact human consequences, rather than less. And my estimation is that Juan’s writing will only get better over time, therefore more effective as well.
If you want broad audience appeal and therefore a resulting uptick in people actually knowing viscerally what these types of abuses feel like and how they can specifically affect human beings, that’s what you write about.
Speaking of reaching an audience that might otherwise not get the message in order to affect change, Glenn dropped the ball with regards to his ill-informed comments on the ineffectiveness of both John Stewart and Jon Oliver in this regard, a position that he didn’t even have the courage to back-track from, which is not surprising given his own words in 2010 and again in 2015, and the overwhelming evidence to the contrary.
What is surprising (and disappointing) however, is that when I answered Glenn’s Greenwalds’ question about this both here and on Twitter Glenn stonewalled, and continues to.
https://firstlook.org/theintercept/2015/04/06/john-oliver-interview-political-disengagement-american-public/#comment-121438
I kind of agree. Examples should be used to illustrate a piece of journalism not be the piece unless it is an Op-Ed or human interest piece. That said I simply read it as the latter. It soinded to me like you were/are a guest writer looking for help with a personal matter who wasn’t getting help any other way (and your mother was indeed offered legal help due to this piece). Sort of like 80s American TV news picking up stories of people who have been wronged which basically winds up fixing the specific person or peoples’ problem by calling attention to it. If this was not your intention then you may want to consider toning down the personal references but if it was, then I am glad your mom got some help, finally.
Correcting what I meant: I am glad she got help regardless of what your journalistic intent was, i hope obviously.
Quote
But I now have this platform — thanks in large part to my mother’s resilient parenting — and I assured the police spokesperson there would be no rest on my end until my family receives an apology and reimbursement.
Unquote
Well I don’t think for a start that journalism is about claiming as your own platform the outlet for which you are working, for the purposes of seeking redress, as you do in the article and also boast on Twitter.
(Vito Corleone? Really? As a proponent of journalistic standards? )
However meritorious the issue, it is a baffling approach to one’s job on any Editor’s watch, and it doesn’t reflect terribly well on TI.
I was wrong. Ter – you are not overboard at all. Good stuff.
And if Juan is wise, he will think hard about all this.
I’m not hugely optimistic. The man has a crusade and intellectual rigour is not part of his armory. But then again good luck to him. I’ll skip his pieces in future and if TI carries more such pathetic stuff (as in: heavy on pathos, short on everything else), then I’ll skip TI too.
Actually, beyond Mr Thompson’s case, the real issue for me now is how this piece survived editorial conference, or the spike. Mr Thompson on Twitter compares himself to Vito Corleone. That in my view puts him in vendetta territory.
A contribution by the Editor would be welcome here.
Myself, I wonder about the intellectual presence of users, who go to a site of a particular character, and then engage in juvenile declarations that they will no longer read/subscribe/patronize if said site continues its already established behavior.
Exactly. They know what we’re about, and what we do here. Lecturing me about my job and my passions. I’m a journalist working to alleviate human sufffering. Period.
More to the point:
This piece appeared on the same date that TI promoted their enhanced DropBox facility. If I had privileged information which I were willing to share to help expose the corruption of the system of fines and warrants, in the light of this article would I trust TI to handle my material responsibly and in a professional manner?
Who in their right mind would want to deal with Corleone?
That’s where this stuff seriously questions The Intercept.
His “Corleone” tweet was quite pertinent, given Vito Corleone’s infamous line of “Revenge is a dish best served cold,” and given that he was able to get some form of redress after 7 years. It’s almost a Stephen Colbert caliber comedic connection Juan made there. I’m actually quite impressed by that tweet.
Ha. Yes. Thank you.
I’m not sure what you do for a living, but not everybody is a hero. Some people don’t have the constitution to stand up to the thorough militancy of modern American “policing,” which doesn’t seem to have much at all to do with law enforcement, after a hard days work. Some people just do want to go home, and the system needs to work for them too. It’s not dysfunctional behavior. Human beings behave in such ways in face of overwhelming odds. Human beings allow themselves to be slaves, to be carted on to their deaths. It’s not dysfunctional behavior. What’s dysfunctional is when those who are able, spend their time berating the helpless, instead of doing something about it. But that’s a special form of libertarian mental dysfunction. The only cure is a change in personal circumstance.
And as a reader, I’me fine with this form of journalism. I welcome it. Journalism is only worth something, to me at least, if it’s personal, if it means something. Otherwise it’s another story about Kim and Kanye.
Very well stated, AtheistInChief. Some here want their stories sanitized, it seems; excising the actual human elements out of any writing or reporting that make a story a story and news, news.
This is essentially another method of propaganda itself: controlling the information. After all, if you don’t see it, or someone doesn’t report on it – in empathetic, heartfelt terms, no less – then what the fuck is it? A stock market ticker-tape report? Is that really what we are and will that really lead us towards a world we want to live in?
Not me. I’ve seen the effects of the battles on television in Vietnam; the caskets of our dead brothers coming home being televised, and the real protests in the streets because of that – and more recently I’ve seen the lack of coverage of what our war machine is actually doing in the Middle East, and I’ve noted the lack of coverage of any soldiers’ flag draped coffins, and the latter is more wrong than the former.
Because if you do not know the human toll of what’s happening in your world due to lack of information – whether it’s because of journalistic pig-pigheadedness (well, that ‘comedy show’ is funny, but, are they effective?) then it’s all simply ink-on-paper, so to speak, and not worth the paper it’s written on.
“The job of the press is to disprove the falsehoods that power invariably disseminates to protect itself.” – Glenn Greenwald, No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State
It’s collectivist to see people as part of a group and it’s collectivist to see this as a problem only against blacks. This is a problem for Americans in general because it violates an individuals God given inalienable rights.
I thought I was aware of extent of racism in this country. As stories like these keep coming out, I realize I had no concept of the depth and intractability of the problem. Truly horrifying.
Wait, there’s more coming
This is not a black-white issue, Juan.
PLEASE don’t fuel the ignorance.
While this phenomenon is, at its root, about class, power, poor governance due to systemic disfunction, cultural devaluation of public services, and a ‘justice’ system that has lost track (if it ever had the concept) of what justice is, in the American context, that makes it predominately a black-white issue.
Your best article for the Intercept, nails the problem up for all to see and suggests solutions. I like a passionate and righteous cause. I love it when a way forward is suggested. Too often too big to fail and too big to fix is used to blind vision for solutions. “Plot me a solution” is too often not in the mix. The DOJ findings on Ferguson targeting minorities may be a spring board for some class action suits to “inspire” local police and courts to review and revise bad policy. Take back the money and bankrupt a few municipalities, the rest will see the light.
Thank you for this. Whenever I write/report I must include solutions. Must.
Powerful piece Juan. Congrats!!!
Thank you. Plus, I dig your name AtheistInChief. I share those feelings.
Your article was an excellent, heartfelt sharing of a story that exposes so much about issues of import today. My very best to your family, especially your Mom and Step-Dad.
I also have to acknowledge Bodhi who so wonderfully expressed a lot of my thinking about the issue. Although certainly legal system and police abuses disproportionately affect African-Americans and others of color, we should also seek to frame the issue so that folks know it also affects economically challenged citizens of all colors – ht to S. Wolf Britain as well.
I think we also need to let people know that abuses could potentially affect ANYONE. Who knows what community might be oppressed in similar ways next? I’m thinking of an article by Chris Hedges, but TruthDig site is having problems right now and I can’t get to the link…
The battle is important, I hope you and your family keep fighting on.
Thank you.
You’re welcome.
And in case you or any TIers would like the link to the Chris Hedges link I was thinking of, TruthDig seems to be up and running again.
http://www.truthdig.com/report/item/the_origins_of_our_police_state_20130916
Two months ago, I went to the City of Houston municipal court to do a warrant check for an occupational license. The lady behind the plexiglass told that I needed to pay for my ticket before the city can clear me. I told her that it must be a mistake, because I was tickets free. She handed me a paper to fill out, and told me to go to the cashier and pay thirty dollars. I simply refused. Finally, I asked for the copy of the ticket which she printed and handed it to me. The ticket has my name, and last but not a different birthday. I was furious, and went straight to the City Attorney office where I find a very competent young woman who took care of the matter.
C’est la vie. Mais je te conseille de continuer la bataille.
I wonder how many ppl just pay the ticket or assume the city is right and, b/c they don’t have the money, just remained scared shitless?
It’s scary. Just imagine if there was an arrest warrant for me. I will find myself in the same situation like your mother.
Quite excellent delineation of the truth and the facts, Juan Thompson. As an impoverished white American all my life, I have been the victim of extortion by the state; but I can just imagine how much worse it could, and likely would, have been if I had dark skin and my ethnicity was not “white” and/or “non-hispanic”.
I don’t know how black and brown Americans live through it every day, especially in extremely-racist localities like those in Missouri (a state that more accurately out to be called, along with other “southern-sensibility” states, “Misery”—a euphemism that is undoubtedly already used by many, if not most, such impoverished residents of the miserable state of Missouri).
As is increasing with the white community nationwide, I’m surprised that, under these these extremely depressing and anxiety-ridden conditions, that more and more black Americans don’t commit suicide; and it is estimable of their fortitude that they don’t give-in to that cop-out.
I know from personal experience how debilitating it has been for me to undergo such stress- and anxiety- filled suffering myself, including quite recently, that really has not been properly abated because there is so little, if any, True Justice. Thus, I can completely sympathize with the feeling of “powerlessness” that is an almost completely-inescapable part of it.
Such suffering ties one’s guts in knots, and makes it extremely difficult to accomplish much of anything. And people wonder why, and denigrate, other people who often cannot pull themselves out of it, particularly if the repression and/or oppression continues to be inflicted on them, especially by a power that they likely cannot win against at all.
Very well written response. I plan on writing more about this sinister scheme’s impact on the other poor Americans too. B/c this economic oppression is wide spread.
Thank you, Juan. But I sure wish we could edit our own comments. I like to come back in and correct grammatical errors, of which there are a couple in my above comment, that I missed before I posted my comments. Would you put in the good work with The Intercept for such means? Keep up the great work!
Gosh I can be such a space case. I didn’t even catch an error is my Reply comment about errors! That’s supposed to be, “good worD”, not “good worK”. In other words, Juan, could you put in the good WORD with The Intercept for the ability to edit our own comments? Thanks again.
I fear this comment will be held up in the robo-moderator for it, but I’d like to contrast two news stories:
http://www.chron.com/news/us/article/Student-s-mystery-death-raises-doubts-on-drug-6185549.php
http://www.washingtonpost.com/news/morning-mix/wp/2015/02/04/conrad-hilton-iiis-10-hour-in-flight-meltdown-as-told-by-the-fbi-and-conrad-hilton/
In the former, a student involved in an $80 pot transaction is threatened with a 41-year prison sentence, agrees to become an informant, turns up floating with a bullet in his head.
In the latter, flight crew and passengers said an heir lit up marijuana on a commercial jet, then tobacco, after disabling the smoke detector, and threw a punch at or near a flight attendant, and screamed he would kill people. He said he’d get away with it, and indeed, was pled out to probation; he also said the flight crew could all lose their jobs for ‘siding with the peasants’ – I didn’t see any reports that looked up whether that one bore out, but I’d think it would be a pretty safe bet.
There are two sides of a story.
http://tinyurl.com/lsgf9ys
Promoting your book, especially when it has nothing to do with the above story, is shitty.
What is this?
It appears to be some racist screed. As commercial spam, it’d be fine by me if you deleted it.
It looks like shameless self promotion to me.
This is an incredibly moving and eloquent piece, and of fundamental importance despite its personal scope. It brings together so many things – the mercenary injustice of the Fergusons across America, the lunacy of debtor’s prisons, the constant harassment of the poorest coupled with their stigmatization for being harassed, the disappearance of “America” behind a class war where every local community is at war with every other to push out the poor. Above all, the way that the insistence on a jury trial has gone from being a right to being the most serious of all crimes (as judged by the penalty), and the act of pleading guilty elevated to the sovereign cure for all assertions of human or constitutional rights.
There are some related issues with broader national scope I bet you could do a great job on – like why Walter Scott kept getting run in for contempt of court so many times, or how he ended up convicted of possessing a “bludgeon” (I mean seriously, club control?). Or on a brighter note, Kentucky’s nationally recognized experiment in “risk assessment”, which shows that bail is not a necessary injustice, and in fact the most cherished discriminations against the unemployed or out-of-towners are in fact worthless for predicting trial appearance. Whatever you write about, I’ll be looking forward to it.
Though it seems so petty, I do want to quibble on one bit, which is the statement about the jail being in Clayton. I’ve often seen criticism that jails, rehab centers, homeless shelters etc. are put in the minority neighborhoods, so if this one was in a wealthy white neighborhood it’s hard for me to see that as an issue.
C’est vrai. Plea juries—I recently read about that topic.
“Whoever is not prepared to talk about capitalism should also remain silent about fascism.” – Max Horkheimer
Libertarians aren’t ‘prepared’. And neither are liberals, for the most part. And thus, both groups, often characterized as opposing ends of a political spectrum, share a key affinity. They aren’t ‘frightened’. And with good reason.
Great piece Juan. But I think this particular intersectional appeal is philosophically doomed. /vulgarmarx
Thanks for this article, Juan. The fact you are intimately involved adds a level of credibility not easily dismissed. As a relatively recent newcomer to rural north Florida, having previously lived over 50 years in SW Florida, I was shocked by what one of the residents had to say about race relations in my newly found home, and I quote, “Don’t worry about the n_____s, they know their place”. With that kind of bigotry so openly proclaimed, it’s almost a surety that the same kind of policing is also happening here. By the way, in speaking up in opposition to the man who uttered that quote, he has not since used racial slurs or epithets around me. I’m not so naive as to think he’s really changed his views, but it’s a start. In a place where it’s not uncommon to see 4x4s riding around with huge confederate flags mounted to the truck beds and horns blaring out Dixie, I wonder if things will ever get better. Institutional and societal racism is not imagined, it’s alive and well. I hope your mom and (step)dad get the money back. $1000 is a lot of money to me too.
You’re a very good writerm Juan.
I grew up in Ferguson, Juan. Graduated McClure HS in ’77. My dad still lives there — in Dellwood — around the corner from the killing.
This warrant system is disgusting. But to be clear — it was as insidious back then, and as impactful on me and my white friends and family members, as it is for you. Point being — the municipalities in STL County are just as likely to F with poor whites as they are poor blacks. But given the demographics, blacks today are the majority of the victims.
Thank you. This is all true. Dellwood is notorious for this too.
“Like their predecessors, contemporary police are surveilling black bodies, while protecting an economic order that exploits black people. To fill their coffers, governments like the one in Ferguson dispatch police to prey on low-income people…” From the article
In addition to being well researched and sourced, this piece was brilliantly and poignantly written. Thank you for sharing your story with us, Juan.
While I certainly do not want to diminish the absolutely appalling effects of the “policing” that are being suffered, specifically in this part of America (of all fucking places) I do want to assure you that more and more Americans are becoming aware of this inequity, and thank to articles like yours, they are becoming more motivated to do something about it.
What struck me also (and something you alluded to in your article) and the reason I quoted what I did above, is that this paradigm of “protecting an economic order that exploits black people” has, over the past thirty years or so, been steadily consuming poor and lower-middle class people across America in the form of “fines for (in)justice,” low minimum wages, fewer and fewer jobs that provide living wages (among other things) – all this resulting in an exorbitant and expanding disparity of real wealth, not to mention the very real lack of basic justice.
The complete disconnect from our elected officials as to what our tax dollars should be spent on – progress for all: something that will truly enrich our communities and our nation, or to continue with this idea that a panapticon security state in which only the most wealthy can feel safe, without demonstrably being so, is the model that must be left behind. Thanks again for your story, and for your efforts to ensure that this vision for our shared future comes to fruition.
“I do want to assure you that more and more Americans are becoming aware of this inequity, and thank to articles like yours, they are becoming more motivated to do something about it.” Let’s hope . . .
You should’ve still made a few heads explode claiming you and your brothers dug backyard battle trenches because, you know, Clayton-Putin…
Great piece, Mr. Juan, it doesn’t get more real than “mom.”
When you touch mom you touch me.
We have a serious problem when any locality sees fines, both civil and criminal, as a source of significant revenue rather than a penalty.
C’est vrai
Yes, it does disproporionately affect blacks, hispanics — that is a lower socio-economic strata. Those who already fear authority (with good reason) . We DO HAVE DEBTORS PRISON — And we DO NOT HAVE SPEEDY TRIALS or ARAIGNMENTS and people DO PLEAD GUILTY when they are not just to stop the pain. Ours is a terrible justice system, except for all the others in the world. How can we make it better?
Fine based on income, don’t throw ppl in jail so often for so many trifiling things, vastly expand the social welfare state, install plea juries. There’s a host of simple, quick things that can be implemented now. But since this affect lower income and black and brown ppl, I don’t think the political will is there yet.
I’ve been advocating this since forever. Setting aside the horrible devastation to a poor person by a $1000 fine, a wealthy one can drive drunk and the fines and costs are the price of a night out to dinner. What deterrence or punishment is that?
The fine needs to be indexed to net worth or tax returns, or some combo of the two.
My opinion is that the best way to set fines fairly is to unify them with community service. People could be “fined” in hours of community service or labor, and I don’t even see a strong reason not to allow the person fined to choose which.
Fascinating suggestion
This is an interesting idea, but what about people who are living paycheck to paycheck? I’m not so sure this would be more helpful to them if they cannot afford to take off work in order to participate in community service. It seems like the rich would still be at a great advantage here because they would simply be able to pay the fines, or, if they were forced to do community service (something I’m not against making the rich do), then they could more easily afford to take time off from work than someone with much less income.
I’m not entirely against your proposal, as I do like the idea of community service, but I also worry about those who would not be able to afford to take time off in order to complete those service hours.
C’est vrai
Tell me about it. I live in outside a metro area where a few years ago a drunk doctor hit and killed a girl skateboarding and left the scene, went home and cleaned his car. He got a year in prison for the drunkenness (nothing for the death) and slap on the wrist for it. He still kept his medical license too.
Good read. I hope you can get your money back, but I wouldn’t hold my breath. People have wrongly been convicted of murder by opportunistic overzealous prosecutors railroading them to advance their career and struggle to get reimbursed for their wrongful imprisonment. Part of me wishes police & justice departments had separate budgets so the taxpayer doesn’t end up footing the bill when they get sued for things like wrongful death, wrongful imprisonment, civil rights violations and police brutality. The other part of me realizes doing so would make police departments even more dependent on things like traffic violations, citations and civil asset forfeiture for revenue. John Oliver had a pretty good piece on the U.S. basically having debtor’s prisons a few weeks back. Some municipalities actually farm out collections on traffic tickets and poor people that couldn’t pay the fine originally end up being fleeced by fees imposed by private debt collectors by the city without ever paying off the original citation.
Actually an alderman from STL contacted me offering to help get her money back.
“Except for all the others in the world” … except Denmark, Finland, Sweden, Germany, and actually just about any country that genuinely qualifies as First World, that is. The U.S. definitely has a problem with judicial affairs, and that problem expresses itself in a very high crime rate relative to those other countries, poverty, racism, and declining economic growth. The First World is that for a reason, and that reason is largely one of constitutional rights. The U.S. says it has constitutional rights, but when “excessive bail” is interpreted as “bail the rich couldn’t pay”, when “right to a jury trial” means “right to risk 10-100 times heavier sentencing for an unfair hearing” … these things all come up short.
C’est vrai
Your story is shocking on so many levels, it’s hard to know where to start. So I’ll stick to the basics – I’m gutted at what happened to your mom. The fact that she doesn’t now drive in certain areas is perhaps the most upsetting of all. To me, it means the bastards have won.
Good luck with your fight. I hope your mom gets back her resiliance and then some.
What a terrible system of injustice! Keep using your considerable voice to fight against it Juan, you’re doing a great job. Your mother deserves her money back and considerable compensation on top for her traumatic experience, and your uncle should be released immediately.
USA is so corrupt! I am glad I left it 5 years ago. Next step is to renounce my USA citizenship.
I am so fearful of the USA police when I visit. I try to limit my visits to once a year.
I know it’s not the real issue here, but it always baffles me that the USA doesn’t have a national ID system. These mix-ups would be a lot easier to prevent (or harder to manufacture) if you relied on something other than the name for identifying your residents.
“2. Any person convicted of driving while revoked is guilty of a misdemeanor. A first violation of this section shall be punishable by a fine not to exceed three hundred dollars. A second or third violation of this section shall be punishable by imprisonment in the county jail for a term not to exceed one year and/or a fine not to exceed one thousand dollars.”
MO STATUTE 302.321. Driving while license or driving privilege is canceled, suspended or revoked, penalty–enhanced penalty for repeat offenders–imprisonment, mandatory, exception, MO ST 302.321
This statute is newer than 8 years ago, but assuming it was the same, does your mom have a misdemeanor on her record because of this?
Some case law that might be pertinent:
“Presumptions and burden of proof”
To convict a driver of driving while revoked, the state must prove beyond a reasonable doubt that the driver’s license was revoked, that the driver acted with criminal negligence with respect to knowledge that his driving privileges was revoked, and that the driver was operating a motor vehicle on a highway.
State v. Sutton (App. W.D. 2014) 427 S.W.3d 359.
“Notice of Revocation”
Defendant, who did not receive notice of revocation of his driving privileges until ten days after his arrest, could not be convicted of driving while his driver’s license was revoked, where driving privileges were revoked for accumulation of points, not for individual offense which required revocation; in such circumstance, State was required to provide notice of revocation to defendant before he could be convicted of driving while license was revoked. State v. Tippett (App. E.D. 1986) 716 S.W.2d 909.
“Searches and seizures”
Defendant, who was convicted of driving a motor vehicle while driver’s license was suspended, was not entitled to reversal of conviction on basis that evidence gained by police officer by alleged unlawful stop of defendant was inadmissible; none of evidence gained through stop was used to convict but, rather, State’s case was made up of officer’s observations made before he stopped defendant, along with defendant’s Department of Revenue driving record which showed suspension. State v. Hulse (App. W.D. 1989) 774 S.W.2d 556.
“Arrest”
Officer had reasonable belief that motorist had committed offense of driving while revoked and thus was justified in arresting motorist where officer was told by police communications center that computer indicated revocation of motorist’s license, officer himself checked computer information after motorist said revocation was mistake, and motorist’s driving record actually reflected that his license had been revoked, even though driving record contained incorrect information on motorist’s driving status due to computer error. Edwards v. McNeill (App. W.D. 1995) 894 S.W.2d 678, rehearing and/or transfer denied. False Imprisonment
you would think that to prove a license revocation occurred, the authorities would have to show evidence that a notice was provided to the individual – probably at their place of employment or residence and that therefore some address information would be on file. that at this point, shouldn’t they have noticed that the addresses of Juan’s mom and her doppelgänger did not match?
They didn’t the check I assume. Also, they didn’t even process her at the county jail in Clayton
“Also, they didn’t even process her at the county jail in Clayton”
How can they get away with that?! (Purely rhetorical, but…)
Yes she does.
thats unbelievable. I’d be breaking shit if this happened to my mom. Good luck!
I will try to destroy these institutions until they return her money.
…and then you will continue to write/work on behalf of others?
(You’re a lucky guy to have a mom like yours. Just as she’s very fortunate to have you for a son. Gives me hope…)a
Thank you and yes I will write/work on behalf others. It’s scandalous what’s happening to poor ppl
This is the practical fallout from a system with politics bought by the 1%, with an industrial base eviscerated for so many except for war mongering corporate leaders, owners and investors, with even imprisonment turned into a corporate revenue stream via for profit incarceration. Democratic accountability is so broken that even poor municipalities exist to serve the racket system. And yet, mainstream political parties are consumed not by the suffering, physical and monetary injustice to the masses of increasingly disenfranchised millions slipping further into poverty, but by arguments over which of the narcissistic will get to bake or buy cakes.
I couldn’t have said it better myself
To confirm all of your points, Rahm Emanuel just got re-elected!
Could we have some cutlines for the photos? Are these people your mom and you? Your step-dad and your mom? Your mom and the other woman?
Unless I missed it, Juan, you didn’t explain what became of the car that your mom was driving at the time she was arrested. Ordinarily, the cops would call for a tow truck, which your family would be obligated to pay for, not to mention daily storage cost, if any, if you weren’t able to get the vehicle out of storage before costs began to accrue.
Pleased to see this article published. It should be of some help to you and to your family, but also to many other victims of similar theft and corrupt treatment. Your article is a part of a large undertaking which is now moving along with determination and force to expose the corruption all the way from ‘fines on the backs of the poor’ to the coverups of killings such as the most recent one we are now reading about out of South Carolina.
They never got the car back it was impounded.
I grew up in Ferguson, Juan. Graduated McClure HS in ’77. My dad still lives there — in Dellwood — around the corner from the killing.
This warrant system is disgusting. But to be clear — it was as insidious back then, and as impactful on me and my white friends and family members, as it is for you. Point being — the municipalities in STL County are just as likely to F with poor whites as they are poor blacks. But given the demographics, blacks today are the majority of the victims.
Super Freakonomics had an interesting chapter about names. The book discusses how you can actually find broad disparities in life outcomes based on the name a parent gives their child. Of course one rarely has control of one’s own name (since you are born with it and if you are a woman you typically don’t pick a husband based on his last name). My name is pretty rare so I don’t envision having this problem too often. I have only seen 3 other people with my first and last name – and one of those 3 is a CEO. I wish my bank account would get switched up with the CEO :). He probably has a different middle name. Of course having a different middle name didn’t stop the St Louis police from arresting this lady’s mother.
Part of the fault does lie with the mother though. If it wasn’t her (i.e., someone else had the warrant), she should have plead not guilty and told the judge that it wasn’t her. One of the primary reasons we have judges is because cops are not infallible, and thus the judge is supposed to be able to catch mistakes that the cops make. Due process is enshrined in our constitution – although I concede that the government often completely ignores the 5th amendment.
I do feel bad for the family though, because that should have been straightened out long before it ever reached court.
I believe underlying research actually also showed that individuals with largely unique names are in fact more subject to difficulties than people with common names. “My name is pretty rare so I don’t envision having this problem too often. I have only seen 3 other people with my first and last name – and one of those 3 is a CEO.”… if these CEOs ever get involved in anything scandalous you are, for instance, far worse off. There is also the outgroup phenomenon to contend with. Just something to bear in mind. You seem a bit convinced of your immunity when in fact you are more subject to the whims of the world than you may believe (or than people with common names are, since there is a dampening effect that they do benefit from).
If only people cared as much about this, REAL civil rights violations, as they do about whether or not someone will bake a cake for your wedding.
I think ppl care about both. And you can be concerned w/both issues.
Juan: How long after the guilt plea did the police acknowledge the mistake and when that occurred, what was their justification for not reimbursing the $1,000? Is their acknowledgment of the mistake documented?
Also, since that was a large sum of money, were her wages garnished or did she pay it in one lump sum?
I’d also suggest you seek interest on this nearly 20 year “loan.”
A week afterwards I believe.
was the acknowledgment of the error documented?
Is it possible, through this venue, to get your story distributed more widely? Reprinted in other publications? The fears and frustrations experienced by your family around this experience are almost unfathomable for those who haven’t gone through something similar but your writing about it makes it easier to understand for those of us who haven’t had to deal with this sort of thing.
Working on it as I type
Oh no, not your mom! That’s terrible. It’s horrible that she didn’t get her money back and went through that.
Two thoughts – one, as someone else noted, I’m not sure how much these issues track with race vs socioeconomic area. Race is no doubt a factor but maybe not in absolute terms. I’m white and can think of a couple experiences that struck me as really unfair – my family getting repeatedly sent weeks of unpaid parking tickets on our car that had been stolen and reported stolen – (not only did they not make the connection that they’d found the car we reported, they just kept ticketing it), and getting something like a $350 ticket because I was one day late renewing a registration sticker. What struck me about both of these experiences is that they happened in impoverished areas, the exact places where they shouldn’t be happening. I could afford, grudgingly and budgeting tightly elsewhere, a $350 late fee, but I doubt many people in the area I was pulled over in could.
Second – I was kind of “Whoa whoa whoa what now?” at the end of this article. That’s a lot of info really fast. People have to pay rent for jail? Really? You can leave passengers by the side of the road if a driver is arrested, with children involved? That maybe is another article, that was all a little too compressed for me to follow. But otherwise, really thoughtful piece. And sorry about your mom.
Joe Shapiro and colleagues at NPR put together this chart of state courts charging for “room and board,” electronic monitoring and other fees accompanying series “Guilty and Charged” last year: http://www.npr.org/2014/05/19/312455680/state-by-state-court-fees
I hadn’t seen that chart thanks.
Wow. That’s horrible. Maybe I am hopelessly naive but I still like to think our penal system could one day have a strong rehabilitative component that really does some good. Burdening people who are obviously already not doing well with debt for their own incarceration is a move that seems to do nothing towards that end, and probably makes reoccurrence or continuation of whatever problems led to the original crime more likely.
Create a petition on Change.org. They are extremely effective at gaining signatures.
Great job, Juan.
I hope you can follow up with some reporting on the various “Child Protective Services” in the country and the way they use the threat of and the actual kidnapping of your children in order to obtain convictions/funding/etc. I am sure it must be the same in the St. Louis area.
The rot is everywhere . . . .
That’s true. I should look in to that. Thanks for reading.
“Libertarian and conservative activists should rally to the side of local demonstrators because the idea of armed agents of the state acting as revenue collectors ought to frighten any American— black, brown, or white.”
I want to be clear before I say anything else that race is a factor in this situation, both historically and currently. It is unwise to completely ignore that truth.
That said, I think it would be helpful to reframe issues like this more broadly. For people to get involved, they need to feel like they are part of the “we.” When these issues are predominantly framed as racial, it is easy for large portions of the population to believe they are not affected. What I’m seeing in all of these stories is how the police and governments of these various towns and counties act like organized crime. They use force and intimidation to bleed people of their hard-earned money. In that frame, race is less of a factor. Organized crime — gangsters, if you will — doesn’t always make a distinction about the identity of their victims. Their frame of reference is family vs. not family or strong vs. weak.
Point being, if I see these officials as targeting black people, I can easily say “This does not effect me. I am not at risk because I am not black.” But if I see this as criminal — and it can be criminal in effect even if it is not criminal by the letter of the law — then I do see myself at risk. I may well be targeted because I am not a member of the “in” group.
It’s tricky because we can’t completely ignore that black people are being disproportionately affected and targeted, but if people continue to see themselves as outside of the risk circle, they are unlikely to act to change anything.
I thought about including an all encompassing graph, b/c, clearly, this isn’t happening only to black ppl. Black ppl are just disproportionately affected.
I agree with this entirely. The historical background outlined in the article is spot on, but today these issues unquestionably affect white people, too, whether they acknowledge it as readily or not.
C’est vrai
I agree. As Juan noted further down in the story, even towns that are run by black authorities engage in the same squeezing of the poor. Because those are the people who are most easily squeezed. Even if they have no prior offenses that would make them seem like scofflaws, they have no spare money for a lawyer and they cannot afford the days off from work that would be needed for a trial. Fighting back against the unfair system merely inflicts more damage on the person who fights. So poor people knuckle under to minimize the damage.
Law enforcement officers may racially profile the “clients” who come their way, but they also economically profile them. Being poor, or being stereotyped as likely to be poor, puts the “client” in a different category from the rich person who falls afoul of the legal system. If we had competent pro bono lawyers (or lawyers paid by a philanthropic organization) waiting at the police station, waiting at the jail, waiting at the courthouse, ready to take any poor client, we would not have so many people whose lives are disrupted for days or weeks by illegal police/court actions.
Anyway, yes, Bodhi, I think expanding the focus to poverty instead of limiting it to race would enlarge the circle of folks who are motivated to change the system.
True. But you cannot, for one second, ignore the racial angle. That would be insult to all of the poor black folk who are disproportionately affected by this sinister scheme.
Juan, I struggle with this on an almost daily basis. I agree with your statement, and yet . . . . It is almost impossible to have the sophisticated conversation this requires to understand it and still be simple enough to get results. I am not wise enough to know how to engage people on a broader level and still not ignore the racial implications.
I think we may be stuck in a cycle of having to continually declare that we recognize the history of racism that has caused these social and political inequities, the economic and power gaps that exist. There is always some bigot who will undermine the confidence that “white America” understands the problem and cares to correct it. And maybe making a distinction between bigotry and racism can help us. I’m not claiming dictionary validity to my definitions, but to me a bigot is a hateful person and specifically someone who hates without a valid reason. Racism is a system, once intentional (because of the large number of bigots) and now not so intentional. We will have little effect on bigots; they won’t change — not, at least, quickly or in large numbers. We might, however, be able to further address the problem of racism. But, paradoxically, we might be most effective if we don’t approach it as a root problem, but rather as an effect.
Let’s not focus on racism as a problem to be solved. Let’s instead focus on abuse of power and inequity. Let’s attack poverty and its general root causes. There is no doubt that black people have been set back in our country and that, as a group, they were put in a deep hole from which to climb out. But the reasons for that have either been addressed or cannot be addressed. We can’t keep thinking of black people and white people as if they are two different kinds of people. We’re people. And people have certain rights and potential and value, and also responsibilities and duties to one another. If someone is being held back as a result of hatred, that cannot be fixed. Hatred cannot be solved. But unfairness can be addressed and haters can be held accountable for their actions. We can’t expect repentance, but we can demand fair behavior and correct or punish when we don’t get that.
Ask if someone supports the “black cause” and few will answer the call, at least with the passion necessary for change. But ask if someone supports fairness and opportunity, and many should embrace the cause because those are things we all want and deserve.
As I read all of that again, I realize that I think I respectfully disagree with you. While I understand, at least intellectually, why you say we “cannot, for one second, ignore the racial angle”, I think that might be exactly what we have to do to move forward in a meaningful way. Physics (so to speak) suggests that will not be easy. For each action, there is an equal and opposite reaction. It would be unfair and unrealistic for people to believe that black Americans could forgive or recover from hundreds of years of overt oppression and many more of subvert repression in mere decades. But I don’t think we’ll see significant progress forward until we can all accept that these injustices aren’t wrong because they’re happening to black people; they’re just wrong. And again, Juan, I say that with genuine respect. How you feel about this makes total sense and the validity of your feelings is beyond question. Feelings and tactics are two different things, though.
Here Juan, let me go ahead and get this one for your future, broader minded adult self… ***like*** Bohdi – I’ll go ahead and say what you’re trying to dance around. Although the business, bureaucracy and power structure that has been erected in the US in the name of civil rights has accomplished much (and don’t you dare suggest it isn’t a profit/power driven “business” for many, many individuals), we will never know how much MORE could have been accomplished by now if these issues had been approached from a universal/human paradigm rather than one of race alone. You, Jaun, are clearly a child of the “race trumps all” school. And the racial profiteers are very, very happy you exist. But true justice (you know, the “all of humanity” kind) is weeping for you…
For me as a German it’s inconceivable that you should land in prison for an unpayed fine. In Germany the worst that could happen is that after a few reminders a “Gerichtsvollzieher” would come to your place and collect something of adequate value if existing. But no prison never at all.
In Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms to the European Convention of Human Rights Art. No. 1 (“Prohibition of imprisonment for debt”) states: “No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual
obligation.”
But remember Germany is now a very civilized country. It is hoped that the US will return to the civilized world soon but we see little evidence of it happening in the immediate future. The fascism that this country uprooted in Europe is now growing very well in the corrupt soil of Washington.
The US is evidently not very keen on universal human rights. Here are some samples from the Universal Declaration of Human Rights:
– Article 2: …Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
– Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
– Article 6: Everyone has the right to recognition everywhere as a person before the law.
– Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
– Article 11(1): Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
– Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
– Article 14(1): Everyone has the right to seek and to enjoy in other countries asylum from persecution.
– Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
This country never considers human rights in the context of oppressed ppl here. Thanks for this list.
This is lengthy, but I’ll post it anyway.
“Is Ferguson Feeding on the Poor? City Disproportionately Stops, Charges and Fines People of Color”
http://www.democracynow.org/2014/8/27/is_ferguson_feeding_on_the_poor
Well, on Tuesday, a group of attorneys with the group ArchCity Defenders attended a city council meeting in Ferguson and asked the mayor to grant clemency to residents with fines for low-level, nonviolent offenses. We’re joined now by Thomas Harvey, executive director of ArchCity Defenders and co-author of their new report, which has been widely cited, including a stunning chart in Monday’s New York Times that shows how Ferguson issued on average nearly three warrants per household last year, the highest number of warrants in the state relative to its size.
Thomas Harvey, welcome to Democracy Now! Explain what is happening in Ferguson.
THOMAS HARVEY: Good morning, Amy. Thank you for having me.
So, in Ferguson and the surrounding municipalities, there is a substantial amount of income that’s derived from these low-level ordinance violations. These are the least significant, lowest-level contact with the justice system. They are typically traffic tickets, moving violations. And as a system, as a structural problem, these—revenue from these municipal courts can represent either the second- or third-highest source of income for the municipality. Ferguson is $2.7 million a year. In neighboring Florissant, the adjacent municipality, it’s $3 million a year. It’s a line item on a budget, and enforcement of the laws and ticketing and fine amounts are in keeping with the expectation that that income is going to come in to fund the city.
And our clients believe that they are targeted initially because they’re black, and then they are harassed, and they are exploited because they are poor. And it has led to a level of distrust between the community and law enforcement, that you saw manifested in some of the protests in the last two weeks. I’m not trying to say that traffic tickets are the reason people are on the streets of Ferguson, but it’s certainly a contributing factor when you’ve got the tragedy with Michael Brown and the very same people that my clients believe are targeting them because they’re members of community of color and then exploiting them because they’re poor, are now asking them for patience and trust and promising to get to the right answer involving the shooting. And our clients are skeptical. And as the audio clip you just played reveals, it doesn’t take much for someone in this community to move to tell you that in St. Louis County this is a real problem.
AMY GOODMAN: Thomas Harvey, I want to hear from one of your clients, Nicole, a mother of four who lives in St. Louis County and was arrested in 2009 for driving with a suspended license. She spent two weeks in jail, with a bond of $1,700 that was later reduced to $700, and is still dealing with the traffic tickets from five years ago.
NICOLE: You learn to sacrifice in order to avoid the headache, but it’s still how much sacrificing can you do? Because, like, my children first start school in three weeks, but I’ve got to pay 50 bucks somewhere, and then I still got a couple more court dates out there. They’re going to want money. So, my money goes to, first, what I see, and then I worry about the next thing.
AMY GOODMAN: In the video, Nicole also talks about how she thinks the system needs to change.
NICOLE: There’s a lot of things that need to be rewritten. There’s a lot of things that need to be rewritten. Some of the fines can go down. Like, that’s ridiculous, $300, $500, for driving while suspended. When if a person came—OK, so, if a person, say—I stay in North County, and say I took a job all the way out in South County. I got to get to work. I have to make this money so I can take care of my children. But if you tell me not to drive, and say the bus don’t go where I need to go, you’re basically telling me I have to stop feeding my children just so I can abide by your law.
AMY GOODMAN: Thomas Harvey, talk about Nicole and what her case illustrates.
THOMAS HARVEY: Yeah, Nicole is a very good example of a kind of culmination of all these problems, because these are poor people. These are not criminals. These are people who can’t afford to pay the fines that middle-class folks could pay that would lead to an amendment of their nonmoving violation. And not to get too far in the weeds, but if you have means, and you and I have the same driving record, you can commit the same violations and pay to get a moving violation turned into a nonmoving violation, and then you don’t suffer the consequence of your actions.
So, Nicole has a driving while suspended because she couldn’t pay to get her tickets amended. So her license got suspended as a result. She has no proof of insurance, because she couldn’t get paid to get her tickets amendments, so her insurance costs went up, and it was prohibitively expensive. She’s charged with—typically charged with what our clients are charged with, the big three poverty crimes—and they’re not really crimes—but it’s driving while suspended, no proof of insurance, and failure to register vehicle. These are not people who are refusing to comply with the law; they’re people who cannot comply with the law.
And Nicole’s case is particularly illustrative because she was incarcerated—she was incarcerated for two weeks on a warrant for her arrest because she was unable to pay the fines. Then when she was brought before the court, she—as she’s entitled to, she asked for a hearing. We represented her. We asked for a hearing to determine her ability to pay the fines. And the court refused our hearing. That’s an unlawful act. The court refused our hearing on that matter and told us that we needed to schedule it a week later. Nicole was returned to jail and was threatened with another week of incarceration, while her children were with her mother and her sister, and she possibly was going to lose her job. And so her mother and her sister borrowed money. Her mom borrowed money against her life insurance policy. Her sister loaned Nicole her biweekly paycheck. That was to come up with $700. So, Nicole didn’t have $700. Her mother and her sister came up with 700 bucks to get her out of jail.
And that’s not what the system should be about. We have to divorce the administration of justice from the generation of revenue. And that’s a systemic problem in our region. And they’re incarcerating people and creating problems that, in the most charitable interpretation, I don’t think they’re aware of the consequences they’re having on people’s lives and the havoc they’re wreaking in this region.
AMY GOODMAN: Are we talking about debtors’ prison?
THOMAS HARVEY: Yes, I believe we are talking about debtors’ prison. It’s part of a problem that you see in the criminalization of poverty all over the country. Southern Poverty Law Center has brought a lawsuit. Southern Center for Human Rights has been involved in some litigation there. It’s something where you see people held in jail as a result of their inability to pay fines. Up to the moment where they are brought before the court because they failed to appear, I don’t believe there’s anything unlawful that’s happened. At the moment where a person has been brought to court on a warrant for failure to appear, and they’ve said, “I cannot afford to pay the fines you’ve assessed,” the court must allow them to leave or make a finding that they are willfully refusing to comply with the court’s order. In the absence of such a finding, it’s unlawful to continue to incarcerate them.
AMY GOODMAN: You know, just as we wrap up, Thomas Harvey, just coming from Ferguson, the first night we were there, we were covering people in a parking lot who were protesting. Across the street were the riot police. They were standing in between the fire department and the police station. The police station was just being built. It was a modern, major facility. Is the money of these people being taken going to build that police station?
THOMAS HARVEY: I don’t know the answer to that question, but I will tell you that what my clients have told me since the first day I’ve ever represented anybody is, this is not about public safety, it’s about the money. And whether or not that building was built on the backs of poor people in Ferguson and the rest of the region, I really don’t know the answer. But I know my clients believe it. I know the optics are bad. And I realize that that dynamic is what’s contributing to some of the tensions between law enforcement and the community. And if we don’t take advantage of this opportunity to have some real structural reform and revise this system, that is racist—
AMY GOODMAN: Thomas Harvey—
THOMAS HARVEY: —that has a systemic racism built into it, we’re going to—it’s going to be a huge missed opportunity.
You’re probably familiar with this Juan. For anyone who isn’t:
ArchCity Defenders: Muncipal Courts White Paper
http://03a5010.netsolhost.com/WordPress/wp-content/uploads/2014/08/ArchCity-Defenders-Municipal-Courts-Whitepaper.pdf
Posted a lengthy comment that might not make it through. Here’s the link to an interview with Thomas Harvey, executive director of ArchCity Defenders:
http://www.democracynow.org/2014/8/27/is_ferguson_feeding_on_the_poor
Thanks
Grasping at straws here, but I wonder if you might partner with ArchCity Defenders… Just a thought that probably isn’t helpful.
ArchCity Defenders: Meet the legal superheroes fighting for St. Louis’ downtrodden
http://www.riverfronttimes.com/2014-04-24/news/arch-city-defenders-st-louis-public-advocacy/full/
Very moving, Juan. My heart goes out to all of you.
What a system. What a country.
Thank you. Will look in to it.
Juan, I am very happy for you and your mom that you have this venue to shame these cretins. (Returning your family’s money is the absolute least that they should do.) A platform is a wonderful thing, especially when used by those who have been largely unheard.
The origin of this quote is subject to some controversy, but the point is true:
Your mom, in raising you, bought herself a lot of ink!
Great quote, Mona.
That’s a wonderful quote.
There should be a class action suit and the victims should be allowed to recover triple the amount of money stolen from them. And if the number of cases reach a certain threshold, the police department should be disbanded. The local DA’s office should be too, but I’m sure that’s a bridge too far for most people who think we have an exceptional criminal justice system.
You know, I’ve never heard this idea considered before.