Happy Saturday everyone! Preparing for a day in court. 9-5 arraignment shift. Meeting everyone arrested in Brooklyn within the last 24-48 hours. Why? Because mass incarceration doesn’t get a day of rest in the fourth largest city in America. Follow along for observations. 
Necessary ammunition:
1. Coffee
2. To-go coffee
3. Water
4. Ibuprofen just in case
5. Phone charger
6. Court ID
7. Pens
8. Biz cards
9. Memobook
10. Legal pad
11. Blank notices (more on that below)
12. Calendar (google printouts bc I lost my calendar this week)
1. Coffee
2. To-go coffee
3. Water
4. Ibuprofen just in case
5. Phone charger
6. Court ID
7. Pens
8. Biz cards
9. Memobook
10. Legal pad
11. Blank notices (more on that below)
12. Calendar (google printouts bc I lost my calendar this week)
These are my blank “notices of appearance.” They represent the unknown humans who I’ll soon meet & the stories that they’ll soon share. New York AGAINST ___________. They’ll just be a docket number to the court. Just a charge & record to prosecution. My job is to individualize.
Walking to court now. If I’m silent for a while it’s because I’m working without a second to breathe. I’ll update throughout day as much as I can. Pump up music on the way as always: “This is America.” Childish Gambino.
As expected. Super busy. Will have to download closer to lunch probably on this morning’s action. But thought for now: On way over, passed the local diner & owner was apologetic I had to work today. My response: It’s way worse to be on the other side of the bars. I’m all good.
Lull while I wait for interpreters (Spanish & Punjabi). My colleague just met client charged w/ possession of a controlled substance for allegedly smoking “THC oil.” Remember when NYPD wasn’t going to be arresting anyone for low level marijuana possession? They found a loophole!
“THC oil” is classified as a controlled substance in NY law. So instead of arresting & charging w/ marijuana possession, they charge w/ same crime as crack/heroin possession. An “A” misdemeanor. Punishable by year in jail. This man was apparently smoking a vape.
To recap: Mayor & DA announces no more marijuana arrests/prosecutions. Today: Client is cuffed, brought to precinct, fingerprinted, held over night, retinas scanned, hauled before judge, for possession of a controlled substance solely bc he was smoking a vape pen, not a joint. 🤔
That feeling when I’m on the cusp of arguing for release for a man charged with first degree robbery and *I know* he’s innocent... Just spoke with his wife, with their 6 month old. I’m pacing the court. I know prosecution will request bail. Praying judge listens to me.
Client just had bail set. Crushed. Another judge likely would have released. 30 y/o. 2 kids. 6 & 6 months. He stopped working a year ago to become a stay at home dad bc his wife (there in court w/ 6 mo old), got a better paying job & they can’t afford child care. He’s crying.
Prosecution asked for $25k. I told judge all his wife could afford was $500 & that would be pushing it. She’s now going from bail bondsman to bail bondsman, pushing her stroller, to see if anyone can help. If he doesn’t get out, she has to quit her job to be with kids. Absurd.
“Why would they set $2000 if I’m innocent & you told them I could only afford $500? That makes no sense,” he asked me afterward. We were separated by a cage. I said “I agree. It makes no sense. That’s why cash bail needs to be abolished.” He started crying again: “I’m so scared.”
I put my hand in a fist. Put it up against bars. Connected w/ his. “I’m going to get you out. Praying your wife can make it happen today.” I then walked out for my lunch break, turned around, & snapped this photo of the front of the epicenter of mass incarceration in Brooklyn.
Walked by Brooklyn House (the Rikers satellite location in BK) & home of Central Bookings (where all arrested in BK held before seeing judge). Always struck by how this horrific jail is just north of beautiful & carefree Carrol Gardens. Like these hopeful murals below jail bars.
Reflecting over lunch about how just fact of being “in” can determine case outcomes. 1 client couldn’t remember a single phone number bc his phone was confiscated. Another client on way to Rikers now has important evidence on his Facebook, but doesn’t know his pswd. Auto fill.
I realized I didnt provide outcome of vape case. Offer was a plea to “disorderly conduct” (violation, not crime). Negotiated “ACD” (stay out of trouble for 6 months). Both outcomes come w/ consequences, & these arrests should never enter court at all.
Disorderly conduct comes w/ automatic court surcharge of $120, which most cant afford. Plea blocks any kind of lawsuit for unconstitutional conduct. ACD stays as open criminal case for 6 mos. During time: good luck w/ employment, housing, school loans, immigration consequences.
Follow me: Today there was a photographer & reporter for the NY Post in the audience waiting to cover a case. Were there as soon as I walked in this morning till I just left just now. Meanwhile, I was waiting for the Punjabi interpreter all day to speak w/ a client of mine.
With interpreter, met a 43 y/o very sick man (diabetes/blood pressure). Charged w assault on EMS worker a month ago after he called 911 for assistance w acute pain. Case had all hallmarks of EMS unnecessarily escalating situation. I’ll explain:
Officer alleges client punched him w fist repeatedly in face & chest. Injuries? Nothing to face. Only “pain” to chest. Bruising to *hand & wrist.* My sense: Language barrier + panic/acute pain likely caused confusion which lead to frustration, which led roughing client up.
Hes shaking. Hasn’t had medicine or food in a day. Begging me to get him out. I tell him I’ll do best I can. Every sign is pointing toward release. Weak non sensical allegations. Client has strong community ties, & these transparently exaggerated cases routinely get dropped. But:
As I walk out, officer tells me the *press is here for his case* & are requesting photos. No way. I approach judge & adamantly oppose photos of this innocent man. I tell him the case isn’t even newsworthy. Then prosecutor shows me this: nypost.com/2018/09/08/dru…
“highly intoxicated man”
“pummeled”
“unhinged assailant”
My blood was already boiling. Then I saw this: nypost.com/2018/09/14/hom…
“pummeled”
“unhinged assailant”
My blood was already boiling. Then I saw this: nypost.com/2018/09/14/hom…
“Homeless man” (he’s not)
“Drunken beat down” (it wasn’t)
And I saw that NYPD/EMS already leaked a photo of my client to the press. I adamantly opposed any further intrusion into his privacy. The prosecution for their part didn’t take any position. But the judge allowed photos.
“Drunken beat down” (it wasn’t)
And I saw that NYPD/EMS already leaked a photo of my client to the press. I adamantly opposed any further intrusion into his privacy. The prosecution for their part didn’t take any position. But the judge allowed photos.
Here was the other thing I realized. A case that otherwise would have resulted in release (& justifiably so) became a certain case of detention *bc of the press.* It’s a common observation that judges often set bail out of fear of “ending up on the cover of the NY post.” Well...
In this case, this judge *knew* he’d be lambasted in the press if my client was released. Prosecution requested $25k. I made a long, forceful plea for his release. Judge set $2500. I don’t know for sure why, but again, it’s hard to ignore the influence of the press being there.
Ugh just seeing Daily News article using same nasty, dehumanizing rhetoric around my client. THIS headline: “Cops bag drunken patient accused of attacking EMT.” nydailynews.com/new-york/nyc-c…
I wish if news outlets were going to use the word “alleged” & claim to care about presumption of innocence, they’d give my clients the courtesy of not assuming their guilt through loaded name calling, & other salacious words to describe an accusation. He doesn’t deserve this.
