Showing posts with label law and order. Show all posts
Showing posts with label law and order. Show all posts

Thursday, May 6, 2010

Girl's Arrest for Doodling Raises Concerns About Zero Tolerance

(CNN) -- There was no profanity, no hate. Just the words, "I love my friends Abby and Faith. Lex was here 2/1/10 :)" scrawled on the classroom desk with a green marker.

Alexa Gonzalez, an outgoing 12-year-old who likes to dance and draw, expected a lecture or maybe detention for her doodles earlier this month. Instead, the principal of the Junior High School in Forest Hills, New York, called police, and the seventh-grader was taken across the street to the police precinct.

Alexa's hands were cuffed behind her back, and tears gushed as she was escorted from school in front of teachers and -- the worst audience of all for a preadolescent girl -- her classmates.

"They put the handcuffs on me, and I couldn't believe it," Alexa recalled. "I didn't want them to see me being handcuffed, thinking I'm a bad person."

Alexa is no longer facing suspension, according a spokeswoman for the New York City Department of Education. Still, the case of the doodling preteen is raising concerns about the use of zero tolerance policies in schools.

Critics say schools and police have gone too far, overreacting and using well-intended rules for incidents involving nonviolent offenses such as drawing on desks, writing on other school property or talking back to teachers.

"We are arresting them at younger and younger ages [in cases] that used to be covered with a trip to the principal's office, not sending children to jail," said Emma Jordan-Simpson, executive director of the Children's Defense Fund, a national children's advocacy group.

There aren't any national studies documenting how often minors become involved with police for nonviolent crimes in schools. Tracking the incidents depends on how individual schools keep records. Much of the information remains private, since it involves juveniles.

But one thing is sure: Alexa's case isn't the first in the New York area. One of the first cases to gain national notoriety was that of Chelsea Fraser. In 2007, the 13-year-old wrote "Okay" on her desk, and police handcuffed and arrested her. She was one of several students arrested in the class that day; the others were accused of plastering the walls with stickers.

At schools across the country, police are being asked to step in. In November, a food fight at a middle school in Chicago, Illinois, resulted in the arrests of 25 children, some as young as 11, according to the Chicago Police Department.

The Strategy Center, a California-based civil rights group that tracks zero tolerance policies, found that at least 12,000 tickets were issued to tardy or truant students by Los Angeles Police Department and school security officers in 2008. The tickets tarnished students' records and brought them into the juvenile court system, with fines of up to $250 for repeat offenders.

The Strategy Center opposes the system. "The theory is that if we fine them, then they won't be late again," said Manuel Criollo, lead organizer of the "No to Pre-Prison" campaign at The Strategy Center. "But they just end up not going to school at all."

His group is trying to stop the LAPD and the school district from issuing the tickets. The Los Angeles School District says the policy is designed to reduce absenteeism.

And another California school -- Highland High School in Palmdale -- found that issuing tardiness tickets drastically cut the number of pupils being late for class and helped tone down disruptive behavior. The fifth ticket issued landed a student in juvenile traffic court.

In 1998, New York City took its zero tolerance policies to the next level, placing school security officers under the New York City Police Department. Today, there are nearly 5,000 employees in the NYPD School Safety Division. Most are not police officers, but that number exceeds the total police force in Washington, D.C.

In contrast, there are only about 3,000 counselors in New York City's public school system. Critics of zero tolerance policies say more attention should be paid to social work, counseling and therapy.

"Instead of a graduated discipline approach, we see ... expulsions at the drop of a hat," said Donna Lieberman, an attorney with the New York branch of the American Civil Liberties Union.

"If they have been suspended once, their likelihood of being pushed out of the school increases," she said. "They may end up in jail at some point in their life."

One of Lieberman's clients was in sixth grade when police arrested her in 2007 for doodling with her friend in class. The child, called M.M. in court filings to protect her identity, tried to get tissues to remove the marks, a complaint states.

Lieberman says police subjected M.M. to unlawful search and seizure. A class-action lawsuit, filed in January on behalf of five juveniles, is pending. It maintains that inadequately trained and poorly supervised police personnel are aggressive toward students when no criminal activity is taking place.

Several studies have confirmed that the time an expelled child spends away from school increases the chance that child will drop out and wind up in the criminal justice system, according to a January 2010 study from the Advancement Project, a legal action group.

Alexa Gonzalez missed three days of school because of her arrest. She spent those days throwing up, and it was a challenge to catch up on her homework when she returned to school, she said. Her mother says she had never been in trouble before the doodling incident.

New York attorney Joe Rosenthal, who is representing Alexa, plans to file a lawsuit accusing police and school officials of violating Alexa's constitutional rights. New York City Department of Education officials declined to comment specifically on any possible legal matters.

"Our mission is to make sure that public schools are a safe and supportive environment for all students," said Margie Feinberg, an education department spokeswoman.

Several media outlets have reported that school officials admitted the arrest was a "mistake," but when asked by CNN, Feinberg declined to comment specifically on the incident. She referred CNN to the NYPD.

The NYPD did not return CNN's repeated phone calls and e-mails. It is unknown whether charges will be pressed against Alexa.

Kenneth Trump, a security expert who founded the National School Safety and Security Services consulting firm, said focusing on security is essential to the safety of other students. He said zero tolerance policies can work if "common sense is applied."

Michael Soguero recalls being arrested himself in 2005 when, as principal at Bronx Guild School, he tried to stop an officer from handcuffing one of his students. A charge of assault against him was later dropped. He says police working in schools need specific training on how to work with children.

In Clayton County, Georgia, juvenile court judge Steven Teske is working to reshape zero tolerance policies in schools. He wants the courts to be a last resort. In 2003, he created a program in Clayton County's schools that distinguishes felonies from misdemeanors.

The result? The number of students detained by the school fell by 83 percent, his report found. The number of weapons detected on campus declined by 73 percent.

Last week, after hearing about 12-year-old Alexa's arrest in New York, he wasn't shocked.

"There is zero intelligence when you start applying zero tolerance across the board," he said. "Stupid and ridiculous things start happening."

Tuesday, April 28, 2009

Law & Order SVU / Caylee Anthony Case

Last nights Law & Order SVU had some pretty glaring similarities with the Caylee Anthony case as was being reported prior to airing.

1. A grandma (Gail O'Grady of "NYPD Blue") goes to detectives about her missing granddaughter and complains, "The car smells like a dead body."

2. The child's mother (Hilary Duff of "Lizzie McGuire") alleges that a babysitter took the little girl. And that babysitter is named Maria Hernandez or Fernandez. (We meet the young mom as she cleans out her car trunk and blames the stench on spoiled meat.)


3. The detectives' boss asks what kind of mother goes off to party and leaves her kid with a woman she barely knows.

4. The young mother steals and buys a shovel.

5. The young mother has been lying since the day she could talk, and she won't grow up, her mother complains. Grandma O'Grady announces that he has demanded that lazy Duffy find a job -- and even cracked the young woman in the mouth.

6. Pictures of the young mom partying surface. "I'm young. I'm allowed to have fun," Duff says.

Then this "SVU" goes off on a tangent far removed from anything in the Anthony case. The plot shift allows the series to weigh in on a serious issue -- one that has nothing to do with the Anthony case.

But then the episode circles back to the Anthony case in a shocking way that echoes the headlines.

It's an ending that sticks with you -- and one that George and Cindy would do well to miss.

The episode can be seen at 10 p.m. Tuesday on WESH-Channel 2.

Thursday, April 16, 2009

Corruption, Corruption, Corruption!

Judge cited in prostitution case-
PIERCE COUNTY, Wash. -- A local judge accused of harassing and patronizing a prostitute has been found guilty of violating the Code of Judicial Conduct by the state Commission on the Judicial Conduct, according to a statement of charges released Wednesday.


The commission found Pierce County Superior Court Judge Michael Hecht engaged in illegal or otherwise indecorous and inappropriate behavior, namely patronizing prostitutes, harassing or threatening persons whom he believed were discussing his interactions with and payment of prostitutes, using racist language in public conversation and engaging in unfair campaign conduct.

The commission has charged the judge with paying a male prostitute to perform sexual acts on numerous occasions over a five-year period beginning in 1997, when the prostitute was still a minor. Hecht is also charged with patronizing two other male prostitutes from 2000 and 2002, and from 2007 to 2008. In all three cases, the sexual activities took place in Hecht's office, the commission said.

The commission said in 1996, Hecht provided legal services in exchanges for sexual activity with a male client.

Hecht is also charged with using the "N" word in a conversation in 2007, as well as stealing his opponent's campaign signs during the 2008 judicial campaign.

Hecht has 21 days to file a written response to the charges, the commission said. A lack of response will be interpreted as an admission of guilt.

The commission, which work to protect the integrity of the judicial process, can recommend the suspension of a judge to the Supreme Court.

Last month Hecht, 58, temporarily stepped down from the bench after pleading not guilty to felony charges.

Prosecutors said Hecht threatened to kill a 24-year-old man, whom Hecht had paid for sex years ago, in Tacoma on Aug. 30, shortly after he was elected to the $148,000-a-year job. Hecht also paid a 20-year-old man for sex on numerous occasions, prosecutors said.

But Hecht last month told KOMO News all the allegations are simply not true.

"Looking forward to being vindicated. I'm leaving it the hands of my consul and I think a lot of facts will come," he said.

The presiding judge for the county said Hecht is cooperating with authorities, and voluntarily decided to take a leave.

"We are very respectful of the fact that there's an election process that put him in this position. At the same time we are also concerned about the appearance here and the integrity of the court. And that's why he stepped away at this time and we agreed," said Presiding Pierce County Judge Bryan Choshcoff.

Hecht had only been hearing civil cases since he became a judge. He was to see out the remainder of the cases currently before him.

Hecht's trial is scheduled to start on June 9.