Archive for legal system

Court docs: Enron convict Jeffrey Skilling reaches deal to be released early from prison

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Jeffrey Skilling

Remember former Enron CEO Jeffrey Skilling (aka inmate #29296-179)? I wish I didn’t. He was supposed to spend 24 years in prison for the Enron mess, but under a deal he’s reached, that could be cut by ten years, according to court documents. He had 15 years left to serve. But apparently, not any more.

He was convicted in December 2006 for fraud, conspiracy, insider trading and lying to auditors in the largest corporate fraud in history.

CNN:

“The agreement brings certainty and finality to a long painful process,” said Skilling lawyer Daniel Petrocelli of O’Melveny & Myers. “Although the recommended sentence for Jeff would still be more than double any other Enron defendant, all of whom have long been out of prison, Jeff would at least have the chance of getting back a meaningful part of his life.

What, his life wasn’t meaningful when he committed those many crimes? What about all the people who were affected by his fraudulent acts and lies? Will they get a meaningful part of their lives back? Their jobs? Their life savings?

More than 4,000 Enron employees lost their jobs, and many also lost their life savings, when the Texas-based energy company declared bankruptcy in 2001. Investors lost billions of dollars.

Part of the deal is that Skilling has to drop any further legal challenges to his conviction.

How about dropping off the edge of a cliff instead?

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Inmate Sexual Victimization Rises; Feds Stall On New Rules

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Back in June, I posted a piece titled Attorney General Holder misses prison rape prevention reform deadline. I had previously posted about the same thing here.

A couple of excerpts from my posts:

Holder’s inaction will result in more cases like that of Bryson Martel, who got AIDS after being repeatedly raped in prison.

Two women were repeatedly raped (Nicole Garza and Kimberly Yates), and those in power ignored those, too.

………..

Think about that. Imagine if this were your child. Or friend. Or anyone you care about, for that matter.

I’m having flashbacks of Abu Ghraib. Our system of justice should include guarantees of safety for juvenile offenders, and yet look at those statistics.

As I said back then, we cannot afford delays.

I’m sure though, after all this time, A.G. Holder is all over this. One could hardly imagine he’d put it off any longer, what with all the violence and ruined lives.

Or not (via Dan Froomkin):

A new study released Thursday by the Department of Justice’s Bureau of Justice Statistics estimates that 88,500 adults held in U.S. prisons and jails are sexually abused annually, either by staff or fellow inmates. [...]

Overall, the survey paints a grim picture of a system of mass incarceration where all too many prisoners, stripped of their autonomy or ability to defend themselves, spend their sentences terrorized by sexual predators.

Defying some of the pop-cultural stereotypes, however, it turns out most of that predation is carried out by guards, rather than inmates

But wait! That’s not all! Via The Hill:

Based on those recommendations, DOJ was charged under the 2003 law with finalizing new rules by June 2010.

It didn’t happen.

Instead, Attorney General Eric Holder said earlier this year that the agency has delayed the process over concerns from the prisons that the proposed guidelines would be too expensive to implement. [...]

A DOJ spokeswoman said earlier this month that the agency will issue proposed standards this fall — meaning the final rules likely won’t take hold for months afterward.

Prison reform advocates don’t like the delay, and they’re pointing to Thursday’s BJS report as reason the agency should quicken its pace.

Every day that the Attorney General doesn’t finalize the national standards is another day of anguish among prisoner rape survivors, of preventable safety breaches in prisons and jails, and of significant spending of taxpayers’ money on medical treatment, investigations, and litigation that could have been avoided,” Lovisa Stannow, executive director of Just Detention International, a prisoner-rights group, said Thursday in a statement.

Please follow the links above to read more.

Then reach for the Pepto Bismol.  You’ll need it.

Via the Bureau of Justice Statistics:

Allen J. Beck, PhD, Paige M Harrison

August 26, 2010    NCJ 231169

Presents data from the National Inmate Survey (NIS), 2008-09, conducted in 167 state and federal prisons, 286 local jails, and 10 special correctional facilities (operated by U.S. Armed Forces, Indian tribes, or the U.S. Immigration and Customs Enforcement (ICE)) between October 2008 and December 2009, with a sample of 81,566 inmates ages 18 or older.   The report provides a listing of facilities ranked according to the prevalence of sexual victimization, as required under the Prison Rape Elimination Act of 2003 (P.L. 108-79). The prevalence of victimization as reported by inmates during a personal interview is based on sexual activity in the 12 months prior to the interview or since admission to the facility, if less than 12 months. Included are estimates of nonconsensual sexual acts, abusive sexual contacts, inmate-on-inmate and staff sexual misconduct, and level of coercion. The report also presents findings on reported sexual victimization by selected characteristics of inmates, including demographic characteristics, sexual history and orientation, and criminal justice status. It includes details on victims’ experiences and the circumstances surrounding incidents of sexual victimization.

Highlights include the following:

  • An estimated 4.4% of prison inmates and 3.1% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months.
  • Female inmates in prison (4.7%) or jail (3.1%) were more than twice as likely as male inmates in prison (1.9%) or jail (1.3%) to report experiencing inmate-on-inmate sexual victimization.
  • Among inmates who reported inmate-on-inmate sexual victimization, 13% of male prison inmates and 19% of male jail inmates said they were victimized within the first 24 hours after admission, compared to 4% of female inmates in prison and jail.


Press Release.

Here, this may help. Take a swig and call me in the morning:

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LIVE VIDEO STREAM from Netroots Nation: Close Gitmo and Use our Legal System

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Live streaming video by Ustream

PANELISTS: Adam Serwer, Matthew Alexander, Marcy Wheeler, Rep. Jerry Nadler, Vincent Warren

****

here; That link includes one specific to only Fayiz al-Kandari’s story here.

Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.

If you’d like to see other ways you can take action, go here and scroll down to the end of the article.

Then read Jane Mayer’s book The Dark Side. You’ll have a much greater understanding of why I post endlessly about this, and why I’m all over the CIA deception issues, too.

More of Fayiz’s story here, at Answers.com.

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Attorney General Holder misses prison rape prevention reform deadline

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Attorney General Holder officially missed his deadline to implement the reforms to help eliminate prison rape:

Mr. Holder had it right when he told a House subcommittee in March that the government must work diligently to prevent sexual abuse in prison: “This is something that I think needs to be done, not tomorrow, but yesterday.” It is bitterly disappointing that he has not done more to make that happen.

I posted about this previously here:

In 2003, Congress acknowledged the serious problem of rape in the nation’s prisons and created a commission to develop a set of national standards for preventing and punishing these crimes. [...]

Predictably, state and local corrections officials determined to preserve the disastrous status quo are pushing back. Mr. Holder must hold the line.

…From an early copy of a press release by JustDetention.org that will be put out tomorrow:  [...]

The BJS survey, which asked detained youth about sexual victimization, found that more than 12 percent of detainees – almost one in eight – reported suffering at least one incident of abuse at their current facility in the preceding year. In the worst facilities, one in three youth was victimized. Overall, 80 percent of the abuse was perpetrated by staff.

Holder’s inaction will result in more cases like that of Bryson Martel, who got AIDS after being repeatedly raped in prison.

Two women were repeatedly raped (Nicole Garza and Kimberly Yates), and those in power ignored those, too.

Nicole:

She continues:

A year later the lieutenant came back and was assigned to the yard where I was housed and attempted to pick up where he had left off sexually assaulting me.

Dear Attorney General Holder,

It is vital that you enact a strong set of standards addressing prisoner rape. Unfortunately, I know from experience the devastation this violence causes. I spent about 15 years in state and federal prison on drug charges. In 2004, I was at the Federal Detention Center in Philadelphia where I was repeatedly sexually assaulted by Officer Theodore Woodson.

I was manipulated by this officer, and he forced me to have sex with him on several occasions. What he did to me was inhumane and has stayed with me ever since – rather than let it tear me down, I have taken the opportunity to speak out and educate others about the serious crisis of sexual violence in our nations prisons and jails.

Officer Woodson would take me to the warehouse in the basement of the detention center, and that is where he raped me. After the first time, he told me that if I ever told anybody that he knew where my family lived, where my children lived, threatening to hurt them. I was afraid for myself and my family, so I did not say a word to anybody. He would repeat this threat every time he would attack me.

The final time he raped me, I was badly injured and needed to go to the emergency room. I was bleeding and hemorrhaging – and the medical report identified that I had been raped. When I informed the captain of what happened, fortunately he believed me, and he had Officer Woodson escorted out of the facility.
These and other rape victims can’t afford delays. Time to act.
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AG Eric Holder Can Do Something To Reduce Juvenile Prison Rape

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This is a subject that doesn’t get enough attention. It should.

Via My DD, let’s start with the premise:

Most prison rape is preventable with low cost, common sense measures. Let’s see if Eric Holder has the will to do the right thing.

Via a NY Times op-ed. Please note the use of the C word (commissions). Just as there is now a commission on Big Oil’s Katrina, and as there was for 9/11, there is now one for rape prevention in prisons. That’s not enough. Commissions tend to be toothless and a way to placate as the clock ticks and people continue to suffer:

In 2003, Congress acknowledged the serious problem of rape in the nation’s prisons and created a commission to develop a set of national standards for preventing and punishing these crimes. [...]

Predictably, state and local corrections officials determined to preserve the disastrous status quo are pushing back. Mr. Holder must hold the line.

The commission’s recommendations [...] include better screening of guards and more training to recognize and address the signs of sexual assault, better medical and psychiatric care for assault victims, better protection for the most vulnerable, a system that allows prisoners to report rape without facing reprisal and publicly accessible records that would permit rape prevention programs to be independently monitored.

[T]he Justice Department sought comment on the proposals, further delaying the process and increasing the dangers that the reforms will be watered down. Enough is enough.

There will be hearings later this week in Congress on sexual victimization in juvenile facilities. From an early copy of a press release by JustDetention.org that will be put out tomorrow:  [...]

The BJS survey, which asked detained youth about sexual victimization, found that more than 12 percent of detainees – almost one in eight – reported suffering at least one incident of abuse at their current facility in the preceding year. In the worst facilities, one in three youth was victimized. Overall, 80 percent of the abuse was perpetrated by staff.

Think about that. Imagine if this were your child. Or friend. Or anyone you care about, for that matter.

I’m having flashbacks of Abu Ghraib. Our system of justice should include guarantees of safety for juvenile offenders, and yet look at those statistics.

Let’s hope A.G. Holder is listening.

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