Today I want to tell you the story of Kalief Browder. I cannot get this story out of my mind. It lingers with anger. There aren't many talking about this story. But we SHOULD all be talking about this. Today I will give you the highlights to this sad story. If you're so inclined you can simply look up all the horrid details. But at a time when our nation is screaming about racists and bigots and those illegal immigrants - we are allowing this type of injustice to take place right here in our own judicial system. This is the case that never should have happened. An arrest that should not have been made. But it's what happened AFTER that arrest that is the real issue. The court system is in chaos. THIS is something we all need to start worrying about. Think about this young man. He could have been YOUR son. If you're heartbroken, perhaps share the story. It's out there online in many places. Get people talking about it! This young man's death should not be in vain.
Kalief Browder, age 16, arrested for stealing a backpack in 2010. He claimed that he was not guilty. Him and a friend were walking home from a party. Police surrounded them saying that they “fit the description” of someone who had just stolen a backpack from someone on the street. They were not even in that area until they were arrested. The so-called “victim” in this theft had told police that Browder had stolen his backpack – had in fact “robbed” him. When they put Bowder in the police car, the victim then changed his story. He hadn’t just been robbed he said, no he had been robbed two weeks ago. The two teenaged boys were put into a holding cell. Browder was charged with robbery, assault, and grand larceny – a far cry from the first “stolen a backpack” that the so-called victim had reported. The friend was released to his parents. Browder was kept in jail because he was on juvenile probation “youthful offender” status for being with people months earlier who had stolen a truck and taken it for a “joy ride”. His family did not have the $3000 cash needed to bail him out. So they took this 16 year old right over to RIKERS ISLAND. Horrified the family tried to get an attorney. The couldn’t afford it so one was appointed for Browder, but he sat in jail at Rikers Island. Now to get an understanding of the time it takes there for criminal court proceedings – know this – during that time period there were 5,695 felony cases that the DA was to prosecute. Browder became one of many, waiting for his day in court. Sitting in jail, he waited. And waited. And waited. There is no evidence of a “speedy and public trial” as is guaranteed by the Sixth Amendment in the Bronx. He would wait there in that jail 74 days just to be taken to see a judge and formally indicted. He was accused now by the so-called victim of pursuing him, pushing him against a fence, stealing his backpack and punching him in the face. He pled not-guilty. Now that he was formally indicted, he was returned to jail. He would not be eligible for bail now. Being on probation, this was a violation – just to be indicted, even though he had no trial. So innocent until proven guilty also doesn’t exist there. He would not plead guilty. The victim had changed his story twice already. Browder told his attorney that they had the wrong black kid. It took the Prosecutor’s office awhile, but they stated readiness and the trial was set for 01/28/2011. This means Browder was in jail for 258 days at that time. When taken to court on that date, the Prosecutor stated “The People are Not Ready” and was given an extension – until March. This led to delay after delay. In March the trial date was set. The Prosecutor wasn’t ready and requested an extension of one week. In June, another extension requested and granted, and again in August. In November the Prosecutor requested a 2 week extension claiming “not ready” and again in December another request due to the Prosecutor working another trial. Every time the Prosecutor requested a one week extension, the Judge gave a 6 week extension because the courts are so overwhelmed. Browder’s court appointed lawyer was too overwhelmed and busy to meet with him or even take his calls. He pleaded with his parents to get him out of jail! It had been FAR beyond the 6 month rule. But the catch is that they extended it over and over and thus “reset” the 6 month time clock. This is a crock of BS in my opinion. Browder spent a lot of time in Solitary Confinement. He was assaulted many times by staff and other inmates. He was only 16 years old. He started losing his mind. Depression set in. Suicidal thoughts set in. At one point he was placed in Solitary for 10 months straight!
Having now spent a whopping 634 days in Rikers, Browder was close to the end. He attempted to kill himself. He was not successful and thus slipped further into depression and suicidal thoughts. He started thinking the TV was watching him. His mental state was going downhill. Then on 2/17/12 he was finally taken back to court. But the Judge never called his case. In fact, he had but they hadn’t bothered to bring him up from holding to the courtroom for his own case! That day the Prosecutor stated that he was not ready, yet again, because the assistant of his was on vacation! Extension was granted until March 6th. That evening Browder tried again to kill himself at Rikers. He was unsuccessful in this attempt. Later he was offered a deal by the Prosecutor to take to plead guilty but he refused to take it – knowing that he would be a felon if he did that. More court extension followed. June, September, November and December of 2012 each court date the Prosecutor requested extension and that was granted. By this time he had been jailed for 961 days without any sort of trial! THREE YEARS! In March he got a new Judge. She was trying to clear old cases. She offered him another deal of pleading guilty to 2 misdemeanors and time served. He was not going to plead guilty to a crime he did not commit. He begged yet again for an actual TRIAL which he was rightfully due. He was having mental health issues en masse at this time. He was not in his right mind by any means. She set him a trial date for May 29th. But at that time the Prosecutor said that they simply could not proceed and were ready to dismiss the case! The Judge released him. No trial. No jury. Just a statement from the District Attorney saying that the so-called victim had gone awol and that they were unable to meet the burden of proof at a trial. That was it. Browder had turned 20 by the time he was released. He spent over 3 years in jail and was never given a trial.
But the time in jail had turned him into another person. His family helped him all they could. They even got an attorney to sue the D.A. for unlawfully holding this kid so long without any trial, in a case that could have been settled in a few days. Apparently that Prosecutor kept filing “not ready” and asking for extensions because they had lost the victim. At any time, after losing the victim, they could have dismissed this case. But they kept this kid in jail for over 3 years, knowing they had no victim and no case. What took place over the next months and few years is heartbreaking. Browder was in and out of mental health treatment. He was suicidal, paranoid, and depressive. He attempted suicide several times. He started school and dropped out. He was different than the other students now. He was robbed of those high school years. He did finally succeed in killing himself. He hanged himself out of the window of his parents home. It is a horrendous end to a young life. And end that never should have happened. He was 22 at the time of his death. His family has filed the $20 Million dollar suit against New York. If you don’t think this is a horrendous crime then you have no heart or moral compass.
No comments:
Post a Comment