Criminal Justice Reform Weekly Roundup - Septermber 6, 2020

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Updates from The General Assembly


The Virginia General Assembly advanced a number of police reform bills during week three of Special Session. The House passed legislation Thursday that will give subpoena power to civilian oversight bodies. Delegate Aird’s HB5099, prohibiting no-knock warrants passed a full house vote Friday. Delegate Delores McQuinn’s HB5029 passed, requiring officers to report misconduct they observe to their superiors or face punishment. Delegate Bourne’s HB5043 (Marcus Alerts) also passed, which aims to ensure that trained mental health personnel respond to crisis calls. Several other proposed reforms bills are moving forward in Senate and House committees and will be heard over the coming weeks.

The Senate Finance and Appropriations Committee reported Senator Morrissey’s jury sentencing bill, SB5007,  11-4 with a substitute. Civilian oversight reported 11-5 and Senator Locke’s multi-purpose police reform SB5030 also reported 16-0 on Thursday. Senator Boysko’s SB5034, dealing with conditional release of inmates, proved too big to debate and was passed by until the committee’s next meeting. Jury Sentencing reform is one of Justice Forward’s top priorities for the special session. SB5007 would allow a defendant to elect a jury trial without risking the often arbitrary risks of jury sentencing.

Another of JFV’s top priorities for the special session, HB5058 (Del. Patrick Hope), eliminates some of Virginia’s most absurd pretexts, which are disproportionately used to harass black drivers. It made it through the House and is on its way to the Senate. “A disproportionate number of people pulled over for minor traffic offenses tend to be people of color,” Hope said on Wednesday. “This is a contributor to the higher incarceration rate among minorities.” HB5058 is the second bill to pass addressing this issue. A similar measure in the Senate, SB5029 (Sen. Louise Lucas, patron) passed a full Senate vote the second week of special session. 

HB5148, patroned by Del. Don Scott, would increased the amount of sentence credits a Virginia inmate can receive. Although seriously diluted from its original version, the bill received approval by a full House vote later in the week.

Surprisingly, even the narrowly drawn partial repeal of Qualified Immunity, HB5013, failed after its third reading on Friday. The Legislative Black Caucus had this to say: “This bill was a crucial and important piece of legislation aimed towards addressing police brutality against our communities. It would have held law enforcement responsible for engaging in unlawful or abusive actions. This legislation would have provided Virginians victimized by police brutality with an avenue for redress and would also have worked to deter and prevent future incidents.” Del. Bourne’s bill has drawn tremendous attention by advocates and opposition over the last several weeks. Several Democrats in the House voted no or abstained Friday reigniting advocacy efforts over the weekend. Constituents called on their legislators to request a revote — particularly Del. Ibrahim Samirah, who supports a full repeal of Qualified Immunity, and felt HB 5013 didn’t go far enough. Word is both Samirah and Del. Kaye Kory, who previously abstained, are planning to vote “yea” if the House indeed votes again. 

Criminal Justice News from Virginia

Portsmouth, VA - Former Gov. Terry McAuliffe and Lt. Governor Justin Fairfax were among a large group who gathered at Grove Church in a show of support for state Sen. Louise Lucas, who is facing felony charges in connection with the vandalism of the city’s downtown Confederate monument in June. For many Black leaders in Portsmouth, the criminal charges against Lucas — the city’s most prominent Black elected official — fits a centuries-long pattern of white Americans weaponizing the legal system to keep control over people of color. Amazingly, the Portsmouth Police Department also thought it wise to charge multiple public defenders with felonies that they claim occurred during the protests. It took a heretofore unprecedented disregard of the wishes of both the sitting Commonwealth’s Attorney and federal law enforcement for the Portsmouth Police to obtain those warrants. Perhaps that’s why Chief Angela Greene lost her job on the same day the people she charged were arraigned? The Virginia Pilot.

Richmond, VA. - Protests have continued outside of the Richmond City Justice Center as concerns for the heath and welfare of inmates has grown during the Coronavirus Pandemic. Cases have risen steeply over the course of the last month, with 91 out of 1,200 inmates testing positive for COVID-19 as of Wednesday. Eleven protestors were arrested last week, and a social media post of a cyclist being tackled and slammed into the pavement have ignited concerns by legal experts over RPD’s excessive use of force and maltreatment of those wishing to simply exercise their constitutional right to speak out. Advocates are seeking the release of nonviolent offenders. The Richmond Free Press.

Fairfax County, VA.- In a letter to the editor of the Connection Newspaper, Anu Sahai, Co-President League of Women Voters of the Fairfax Area announced a move to highlight the pointed work of the Fairfax County Public Library (FCPL) to accelerate and enable timely discussions on race and social justice in the community. Sahai announced, “To expand awareness of our nation’s history of systemic racism and discrimination, the League will publish the FCPL’s “Battling Systemic Racism” resource list in its October 2020 newsletter, the Fairfax Voter. We encourage other community groups to do the same, and in so doing, applaud the library’s commitment to promoting resources from diverse perspectives.” The Connection Newspapers.

Richmond, VA - Maria Lourdes Mauer filed a law suit against the city of Richmond, the Richmond Police Department, former Richmond Police Chief William Smith, former interim police chief William “Jody” Blackwell, Virginia State Police Superintendent Col. Gary T. Settle, and unknown officers from the two agencies. Mauer alleges, “suddenly, and without warning or reasonable provocation, members of the Richmond Police Department and Virginia Department of State Police deployed chemical agents, projectiles, and stun grenades, causing injury to plaintiff.” Mauer participated in several social justice protests in Richmond between May and June. The 17-page complaint alleges violations of the constitutional rights to free speech and assembly; excessive use of force; assault and battery; and supervisory liability. The Daily Progress.

Criminal Justice News from Across America

Officer Alexander Alvarez with the 7th District Metro Police Department in Washington, D.C. was placed on routine leave pending the outcome of an investigation into the death of Deon Kay. Alvarez fatally shot 18-year-old Kay during an investigation into a social media post containing a gun and a black SUV in SE. Body cam footage was released the day following the shooting after outcries from community advocates and activists denouncing the police shooting and demanding the tapes. Within ten seconds of arriving on the scene Alvarez shot Kay as he ran away from the police. Video appears to show Kay tossing the gun alleged to be in the social media post. Activists in D.C. say the body cam footage reflects the aggressive if not reckless approach of D.C. police toward policing its Black residents. Officials say a complaint was previously filed against Alvarez with an independent review board and was dismissed. Officials did not elaborate. Body cams were originally touted nationwide as preventative measures to prevent police excessive use of force. The Washington Post.

Rochester, NY- Protests over the horrific police killing of Daniel Prude have rocked the western New York community. Prude was taken off life support and died seven days after a group of police officers put a hood over his head and pressed his head into the pavement for over two minutes. His murder went largely unknown until family obtained records through a request, releasing a statement and the disturbing body cam footage to the public last week. The Associated Press.

Despite claims from many conservatives, a report, produced by the nonprofit Armed Conflict Location and Event Data Project, concluded that roughly 93% of the racial-justice protests that swept the U.S. since May have remained entirely peaceful. The report, released Thursday, studied data from 2,400 locations across all 50 states following the death of George Floyd. The report highlights what it calls a “dramatic escalation in the government's response to protests”. Police or other government agencies intervened to stop or confront protesters in about 10% of the Black Lives Matter protests nationwide. In more than half, authorities were found to have used force, “such as firing less-lethal weapons like tear gas, rubber bullets, and pepper spray or beating demonstrators with batons.” The Washington Post.

The National Association for Criminal Defense Lawyers is hosting its annual gala event “Justice for All. Justice Now” virtually, on September 17th, 2020. The event will feature rap artist Lil Baby and Steven Page, lead singer of the Barenaked Ladies. The event is a call to action reflecting on the current environment and promotes justice reform for all who live within our borders. The National Association of Criminal Defense Lawyers.

Louisville, MS - Curtis Flowers has been released from jail after 23 years, and being tried 6 times for the same crime. Flowers’ case is a small snapshot of prosecutorial misconduct; introducing false evidence, using dubious informants, withholding evidence that could exonerate the defendant, and discriminating in jury selection. Prosecutorial misconduct disproportionately impacts Black and brown Americans and puts countless innocent people behind bars. The Washington Post.

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