monkeywithabutcherknife

A friend forwarded me an email of the first Quarterly Report from Court Watch (full email after the jump since it doesn’t appear to be on their website yet). This is the most promising thing I’ve heard in a while. Seems they are training citizen volunteers to sit in on court proceedings and follow them end to end. They’ve just gotten started (June 2007) so they’re a little green but the idea is genius. This is exactly what needed to be done and I’m a little ashamed I wasn’t smart enough to think of it. This is going to tell a story that I’m not sure anyone really sees. I hope they can maintain their objectivity and continue to put out good information as this will allow people to decide for themselves what in the system is broken and fix it with their vote where possible.

A big thank you to the organization and its volunteers. If anyone out there has time to give, this would be, if nothing else, a very interesting project to be involved with.

Quarterly Report:
June – September 2007

Since its inception in June 2007, Court Watch NOLA’s staff of more than 30 volunteers has monitored in excess of 300 cases. Court Watch NOLA is committed to promoting transparency within the criminal court system in Orleans Parish. The primary challenges observed by court watchers are an overwhelmed District Attorney’s Office confronted by a judiciary frustrated by slow-moving criminal case dockets.

Volunteer for Court Watch NOLA.

What is CourtWatch NOLA?
Court Watch NOLA was created by the NEW ORLEANS CRIME COALITION, a coalition of civic leaders and community groups dedicated to improving the New Orleans Criminal Justice system. The core objective of Court Watch NOLA is to create accountability and transparency to proceedings within Orleans Parish Criminal District Court. Court Watch NOLA has one full-time coordinator who identifies cases to follow, schedules the court sessions to be attended, and recruits and trains volunteers to staff the program. Court watchers first undergo a training session where the process of adjudication and the role of each of the participants is discussed. Court watchers are then given a tour of the courthouse. They are provided with a data sheet to be filled out for each of the cases they are assigned. Those data sheets are then reviewed and the information is disseminated to the public.

How Are Cases Selected?
The inventory for Court Watch NOLA is currently created using one of four criteria:

* Media Attention – Cases which are being followed in the press clearly are of interest to members of the community. As such, Court Watch NOLA endeavors to track high profile cases. For example, Court Watchers observed the demise of the case against Michael Anderson (Central City quintuple murder), as well as the Tyrone Wells case (aborted attempt to bring the first capital murder case since Katrina to trial).
* Violent Offender Unit – Cases which are being handled by the Violent Offenders Unit of the District Attorney’s office are (at this point) exclusively prosecutions for first and second degree murder. Court Watch NOLA is committed to following these cases until their conclusion.
* Ten Oldest Cases – Court Watch NOLA is currently tracking the ten oldest first and second class felony cases pending in each section of court. Court Watch NOLA will issue a report on the progress of these cases after a three-month study is completed.
* Community Involvement – Court Watch NOLA has a website and is actively recruiting volunteers through media exposure. As such, members of the community make suggestions to follow particular cases for a variety of reasons. Court Watch NOLA is committed to responding to as many requests for Court Watchers as are manageable.

First Quarter Results
In our first quarter, we watched approximately 300 cases.

A review of data collected by court watchers reveals that 68% of the time court watchers were in court the case they were watching was continued. A continuance means that no action was taken whatsoever in the case. Any other activity regarding the case, no matter how small, was not counted as a continuance. Of the 68% noted above, the State was responsible for 48% of the continuances, the defense was responsible for 35% and either the court or both the State and defense (joint motion) were responsible for the rest.

Court watchers only observed 4 cases that went to trial, (one twice due to a hung jury the first time).

The repeated continuances of critical cases awaiting resolution create significant delays in criminal proceedings and result in a back-log which further congests the system. A primary reason given for the continuances is the ongoing turnover and attrition within the District Attorney’s office. One Judge, for example, recently noted in response to the State’s request for a continuance of trial in a first degree murder case pending since before Hurricane Katrina: “I’m not telling you all how to do your business. But I do need to assert my authority as a judge in these matters when murder after murder I have are continued because the Assistant District Attorneys are changing…. I feel like it’s just a broken record, over and over, and at some point these defendants are going to start getting released…. I can’t even get these cases past the discovery stage.”

Our review of the data reveals that the average number of days from one court setting to the next was 32 days. (This average is a compilation across all sections of court). Delays in scheduling the next court date add to the size of a court’s docket. The length of the criminal justice system process impacts a court’s ability to handle the continuous influx of new cases. As each older case sits on a court’s docket for another month with no action taken, the chances increase that witnesses will become unavailable or the Assistant District Attorney who originally became involved with the case will be reassigned or leave.

Our court watchers were asked to answer a number of questions regarding the performance of the judiciary, prosecutors, defense attorneys, sheriff’s deputies and NOPD witnesses.

Judiciary – Court watchers responded that judges were respectful to the prosecution 89% of the time and respectful to the defense 91% of the time. In the court watchers’ opinion, the judiciary as a whole acted professionally 85% of the time and explained the reasons for their decisions 84% of the time. Judges scored the lowest (79%) when court watchers were asked whether or not judges maintained a good flow to court proceedings. Such comments as “I was amazed at how slowly things proceeded” were noted.

State – Court Watchers responded that prosecutors were knowledgeable of their cases 84% of the time, but were prepared for court proceedings only 70% of the time. This lack of preparation is consistent with many comments, such as, “Judge was mad at prosecutors for not having evidence…Judge threatening State with contempt…Judge irritated with State…The judge reprimanded the prosecution for inadequate preparation and not paying enough attention to her-the lead prosecutor was on the phone while the judge was asking questions about details of the case.” However, the court watchers responded that 96% of the time, prosecutors acted professionally and despite their preparation or lack thereof, seemed to have a good working relationship with the judge 86% of the time.

Defense – Court watchers responded that defense attorneys as a whole, both private and indigent defenders, were knowledgeable of their cases 91% of the time, and were well prepared for court proceedings 82% of the time. This was despite such comments as, “defendant has had several different defense attorneys assigned…” The defense bar acted professionally 82% of the time.

NOPD Witnesses – Due to the high number of continuances witnessed by the court watchers, the number of responses to questions regarding NOPD officers as witnesses is markedly lower. 100% of the time court watchers watched an NOPD officer testify the officer acted professionally, and 85% of the time the officer was able to recall details of the case.

Criminal Sheriff’s Deputies – Sheriff’s deputies maintained order in the courtroom 88% of the time and acted professionally 80% of the time.

Conclusions
The number of continuances shows a disturbing trend in the Orleans Parish Criminal District Court. Judges, as a matter of course, are hesitant to force ADA’s to go to trial when they are unprepared. However, it is clear, based on the compilation of the court watchers’ comments, that the patience of the judiciary is wearing dangerously thin. At the same time, defendants’ right to speedy trial is being compromised. Threats of holding prosecutors in contempt for lack of preparedness is becoming commonplace in practically every section of court. The presence of the court watchers in court, their comments and their insight, are proving to be invaluable in getting the true pulse of the atmosphere in criminal court.

Contact: Karen K. Herman, Esq. (504) 994-2694

Acknowledgements
Court Watch NOLA would like to thank the Greater New Orleans Business Council, Citizens for 1 Greater New Orleans, Common Good, Metropolitan Crime Commission, the sheriff’s deputies, criminal court personnel and court clerks who look out for the volunteers and, of course, the volunteers themselves for their generous contribution of time and effort to this noble endeavor.

Here’s an innovative way to get to know your neighbors. Just enter in your zip code and you’ll get a Google map with an overlay of registered sex offenders in your area. Sort of like a vigilante ‘to do’ list. I’m just sayin’.

And in a completely unrelated story, well, somewhat unrelated story. This report came out sometime last week I think. Which gives a detailed report of Federal Prosecutions of Corrupt Public Officials. My favorite are all the tables that start on page 44 of the report. 1,150 people charged 1030 people convicted and 439 awaiting trial. And don’t forget to check out the three Louisiana jurisdictions on page 48 and 49.

Highlights for this post: There’s a rapist living around the corner and Louisiana is, by far, the most corrupt state in the union.

It’s almost like there’s no reason at all to live here.

“In the shadow of an advancing front, a burial detail conducts its duties as a chaplain prepares to pray over the dead. However, the sad rituals are interrupted as a groan is heard from the newly dug graves and the fallen soldiers rise to their feet. Incensed at their plight, the men plead not to be buried in the saturated ground but instead ask to rejoin the living. As word of the insurrection spreads, the establishment seeks to suppress it.”

Well that sounds right up my alley – I love zombies. Fact is I like going to the theatre. So why don’t I go much? Well, like everyone it’s up against other options like sitting in 45Tchop drinking beer and playing Golden Tee. Sometimes it seems like a hassle what with the whole not being able to wear the same clothes I worked on the shanty in all day. And partly because usually the actual content of the play doesn’t interest me. The theatre to me is like Celine Dion, she has a wonderful voice and is obviously very talented, but that doesn’t mean I like her or her music. And lastly, which is what might keep me from going to the theatre this weekend and seeing a play I really want to see: no one to go with. I don’t mind going to the movies alone, don’t mind drinking alone, don’t mind having sex alone (or a close approximation), but I don’t like eating dinner alone and I don’t like going to cultural events alone. After all, part of the appreciation of a cultural event like the theatre, or the opera, etc, is the discussion and exchange of ideas afterward. Eh, what do I know anyway?!

None of that matters. Fact is, everyone who’s even remotely interested should go see “Bury the Dead” at the Cripple Creek Theatre Co. It’s only showing for three weeks starting this Thursday and there are only three showing each week (Thurs, Fri, and Sat) so don’t fumble around and miss it. Looks like tickets are only $10 but I assume you still have to shower and put on some fresh skivvies. You can buy tickets and find out all the information you could ever want on their website.

Maybe I’ll see some of you there. And if anyone goes Thurs or Fri post a review in the comments!

People have always referred to depression as a pendulum or a roller coaster but I never liked those analogies. The reason I don’t like them is because it implies no effort where I’ve found the effort to pull out of depression pretty significant. I look at depression this way: We’re all standing on a sheet of ice over a deep, deep lake. everything that happens during the day (maybe even just thoughts) have two options in that they can either add to or subtract from the amount of weight you’re being subjected to. If you picture that bus that turned left on a red light across three lanes of traffic when I was on my way to work this morning is now sort of orbiting me now. Everything is like that to me. Things that bother me more orbit closer and more quickly, then slower as it goes out and bothers me less. But it also goes up, way above my head. Once the weight of all that gets to be too much, the ice cracks and you fall through (not pretty, I assure you). The thickness of the ice seems to be dictated by how patient you are. A few years ago I made a sincere effort to be more peaceful – sort of , as a person in general. It went really well. The ice under my feet seemed solid and strong. The things orbiting me just tended to drift further and further out eventually flying off. Nothing orbited very close at all. Those times are behind me now, my ice is thin and constantly moaning under the strain of things that bother me more than they should. Rejection, disappointment, frustration, self-doubt, jealousy, fear, uncertainty….so many thing swirling around blurring by very close, right in front of my face. It can be paralyzing because you know if you reach out, it’s like putting your fingers in a fan.

For some people this is where religion helps them out – that must be nice. But for me there are a range of things that will help me out. The first thing, is music. I love music and there really is something healing about it. I suspect the sheer will of music is the only thing keeping me from crashing through the ice some days. Sex is good too – very life affirming, though sometimes that can be harder to find than a homophobic Republican that doesn’t troll for penis. Exercise is excellent, and I go through fits where I’ll exercise, but I never can stick to it. And part of the reason exercise isn’t so necessary is because of working on the house, which is great for stress relief. Unless you have to do it all by yourself and end up sitting on a floor joist crying like a little girl. But that’s more rare than you would think and usually, just working my ass off is very helpful. The problem lately is that its been too hot to work. Also, because I’ve been doing sub-flooring and it’s extremely frustrating to try and do that alone. Just getting the 4? by 8? by 1? boards on to the saw horses is a struggle that involves little more than me throwing the board in the general direction and hoping the saw horses don’t collapse. But probably the most interesting thing is that when I know the ice is going to break; when its cracking beneath my feet, that’s when things suck the most. And at that point I’m most likely to just go have a few too many drinks. It’s sort of like having that smoke when you’re tied to the post with the blindfold on. It’s the worst thing I can do at that point but virtually impossible to avoid.

I guess the thing is, at least to me, is all the waiting. Waiting for the traffic lights to be fixed, for the streets to be fixed, for crime to subside, etc. Basically for recovery to happen as if it were the big bang….that’s what I’m really waiting for…the big bang where all those post storm, ‘come on back’ promises will be fulfilled. Better? Stronger? I haven’t seen that at all. I have seen the opposite though. If you spend enough time waiting for anything that doesn’t seem to be coming it starts to feel an awful lot like rejection. Even if you know it’s not rejection, wait long enough, even with encouraging words, and it will feel like rejection. I’m sure of it. And rejection is a heavy one to have around be it from a person, group, city, state, or nation makes no difference. It moves fast around you and screams at you the whole time. It’s the kind of scream you feel on the back of your neck and makes your eyes feel wet. Rejection is probably the thing I’m least capable of dealing with as a person. And that’s just regular ol’ me, and doesn’t take into account Post K me….lol. My ice is so thin because I have no patience with damn near anything anymore. I’m furious in a Zack de la Rocha way. Things just seem to get in on me. I read a lot into nothing. I imagine connections that aren’t really there. I over react constantly.

I know I’m not the only one. I can see the same things in my neighbors and friends. I see their struggles and wish I could help, even try to help. but in the end, it’s all I can do to hold myself together. I end up doing more harm than good. And of course, then I feel bad about that. This constant fight against depression that I suspect a lot of people are having is starting to get old. It’s exhausting. No matter how much I sleep, when I can sleep, I still feel exhausted. I feel like I should constantly apologize to everyone I run into and until this weekend, I wasn’t sure why I felt that way. A friend of mine came in that’s known me for years and years. She noticed, and even mentioned, that I seem very different. That’s when I realized I should apologize for the fact that when people see me, they’re seeing this swirling mass of shit trying to keep it’s footing on a piece of ice that’s clearly going to give any minute. They can’t even see me. Maybe I’m not even in there anymore.

note: I started not to post this because it turned out too melodramatic and self pitying, which isn’t how I meant it at all. But decided to post it because that’s what happens when you try and talk about this kind of stuff and maybe that’s why it isn’t talked about much. Maybe others will be able to relate to what I’ve said here or maybe I’ve completely lost my mind – the first thing would be good and the second thing would be good to know.

I gotta say this is a very well written piece. And I do have a sincere love for conspiracy theories. There certainly is some truth in the story, but I can’t say I agree with it. Still, it’s worth reading; especially since we don’t get much of this perspective on MB though I often think we should. If you disagree with it, don’t fool yourself into thinking that it isn’t a very popular perspective here in the city. I can assure you – it is.

Ta-dah!!