Pity the (literally) poor criminals in Maryland. It seems the state's Office of the Public Defender is having a tough time making certain services available for their clients, such as drug treatment or proper housing.
This issue was highlighted in an article in today's Washington Post, which described the circumstances surrounding the firing of OPD's chief attorney, Nancy Forster. Forster apparently thought social workers would be a good way to help the office's clients. But the head of the board that oversees the agency has begged to differ, saying that lean times offer no room for such services.
Of course, it's easy for one to dismiss this as simply a political struggle within an agency that many people look down upon, something to which the Post alludes:
Officially called the Office of the Public Defender, the agency doesn't receive much attention, in part because it represents people accused of drug dealing, homicides and other offenses that don't make them popular with the public. With 400 lawyers and 600 support employees, it spends about $90 million a year representing more than 170,000 people.
I have to admit that it is, in general, difficult to sympathize with anyone associated with the Maryland OPD these days. But then I started reading some of the online comments about this article, and it seems that Forster may well have been trying to do the right things here.
Unfortunately, this is the same OPD that opposed the bills that would have limit violent offenders' good behavior credits, the same office that said, "The purpose of incarceration is not to incapacitate persons by removing them from society for as long as possible." Right. And the purpose of the OPD apparently is to get their clients out of jail as soon as possible, regardless of whether their most violent subjects have been reformed or received all the treatment they need.
Here's something else to consider. Betsy Tolentino, the OPD rep who testified against Senate Bill 354 earlier this year, said "Earning diminution credits serves an important purpose. Getting education, treatment, and vocational opportunities allows for a successful reentry, allows for the inmate to create a stable life upon entering the community, therefore hopefully lessening the chance of reoffending."
Which begs a rather interesting question for Ms. Tolentino. If violent offenders in Maryland's prisons are benefitting so much from the programs in which they participate in prison to earn diminution credits, then why did her boss feel that the office needed to hire social workers to get their clients into those same types of programs?
Thursday, August 27, 2009
Wednesday, August 26, 2009
Letter Published on Truth in Sentencing
A letter I wrote to The Gazette on the Henderson case and the issue of truth in sentencing in Maryland has been published in today's edition.
Also, you can now follow me and any musings I have on this issue or the Justice for Safety movement on my Twitter page. There's been little activity so far, but I am hoping to use Twitter to spread the word about J4S' continuing efforts.
Also, you can now follow me and any musings I have on this issue or the Justice for Safety movement on my Twitter page. There's been little activity so far, but I am hoping to use Twitter to spread the word about J4S' continuing efforts.
Wednesday, August 12, 2009
The Henderson Sentencing -- and Where We Go From Here
So Shawn Henderson has been sentenced to life in prison without the possibility of parole for the shooting death of Lindsay Marie Harvey (an updated version of last week's Gazette coverage appears in today's edition. This was, by all accounts, the best possible outcome. It is what we asked State's Attorney George Simms to pursue when we met with him last summer just a few months after Lindsay's murder. It was the only punishment, absent the death penality, that we believed would do justice for Lindsay and her family. And given Henderson's violent history and the danger he poses, it was the only ruling that made sense.
Judge Terrence McGann got it right. He considered Lindsay's life and Henderson's life. He spoke of the senselessness of Henderson's crime. He considered Henderson's history and concluded that he would be "derelict" in his duty if he did not permanently remove Henderson from society. He told Henderson that the convicted murderer had "forfeited" his right to be in our community. And he also praised Lindsay's friends and family for their courage in speaking out against Henderson through their victim impact statements, even calling them "powerful".
And the judge went one step futher. McGann told Henderson that, although he has the right to appeal his sentence and ask for it to be reconsidered at some point, he said he would advise any panel that reviews Henderson's case against recommending his release from prison. Basically, the judge said, any attempt on Henderson's part to regain his freedom would be "an exercise in futility" (if only McGann had been the presiding judge when Henderson was being prosecuted for his 1999 knife attacks).
I couldn’t help but take some grim satisfaction in the fact that several of Lindsay's family members, friends, and supporters attended last week's hearing, while no one showed up to support Shawn Henderson. After all, Lindsay died frightened and alone at the hands of this monster. Now, here was Henderson, sitting there at the defense table, shaking and trembling, about to learn of his own fate, and no one was there to help him, except for his attorneys -- and they get paid to do that.
Oh yes, Henderson "apologized" but didn’t actually admit to killing Lindsay. Henderson's "apology", of course, comes after being convicted in a trial where he not only pleaded not guilty and had his attorneys try to blame his cousin for the shooting but threatened one of his co-assailants with murder if he didn’t "take his beef" for Lindsay's death.
If nothing else, the hearing has provided some closure. It has given us some peace of mind, knowing that Henderson will spend the rest of his life in prison, no longer free to hurt another human being.
But the feelings of anger, sadness, and bitterness remain. Anger at Henderson. Anger at the justice system that had him within its grasp and simply let him go when it should have been able to see what an animal he still was. Anger at the lawmakers in Maryland that allow this system to continue the way it is and still are not swayed by tragic incidents like this. Anger at the defense attorneys in this state who inexplicably try to defend this system and claim that it actually lessens the chances of a violent offender's recidivism, despite all evidence to the contrary.
On a personal note, this whole thing has affected me in ways that I cannot even begin to explain. I've spent a good amount of time getting to know the Lindsay's family, in particular Deb Harvey, Lindsay's mother. These are good people. It breaks my heart that this horrible injustice was inflicted upon them.
If Lindsay's death teaches us anything, it is that we are all vulnerable. Violent crime is not just something that we see on the news, or something that happens only to people who make the wrong choices in life. It affects everyone. No one is immune. And the worst part of all is knowing that it can happen because the system that is supposed to be protecting you really isn't doing that.
Lindsay Harvey lived a good life. She loved animals. She loved kids. She loved her family and her friends. She loved her job, and she loved science so much that she taught it to others here in Maryland. She did all the right things, kept company with the right people, and made good decisions in life. And yet somehow it wasn't enough to keep her from becoming the victim of a random act of violence.
It doesn’t make sense, and it never will. But this is the reality we live in. We must do our part to protect each other. Please continue to join us in my efforts to change the system that we can prevent these awful, senseless crimes from happening again and again. Write to your state delegates and senators. Write to Sen. Brian Frosh at brian.frosh@senate.state.md.us. Write to Del. Joseph Vallario at joseph.vallario@house.state.md.us. Sen. Frosh says he supports tough sentences for violent offenders. Tell him to back those words up and move the diminution credit legislation he let die this year out of the Judicial Proceedings Committee in the 2010 legislative session.
You can make a difference, and there is no excuse not to try.
Justice was done in that courtroom last week. But we've got a long way to go. Mitch Cunningham, quoted in The Gazette, has said that the Henderson sentencing will "redouble our efforts" to get diminution credit legislation passed in the General Assembly. I will be part of that effort. So will Deb Harvey. Won't you please join us?
Judge Terrence McGann got it right. He considered Lindsay's life and Henderson's life. He spoke of the senselessness of Henderson's crime. He considered Henderson's history and concluded that he would be "derelict" in his duty if he did not permanently remove Henderson from society. He told Henderson that the convicted murderer had "forfeited" his right to be in our community. And he also praised Lindsay's friends and family for their courage in speaking out against Henderson through their victim impact statements, even calling them "powerful".
And the judge went one step futher. McGann told Henderson that, although he has the right to appeal his sentence and ask for it to be reconsidered at some point, he said he would advise any panel that reviews Henderson's case against recommending his release from prison. Basically, the judge said, any attempt on Henderson's part to regain his freedom would be "an exercise in futility" (if only McGann had been the presiding judge when Henderson was being prosecuted for his 1999 knife attacks).
I couldn’t help but take some grim satisfaction in the fact that several of Lindsay's family members, friends, and supporters attended last week's hearing, while no one showed up to support Shawn Henderson. After all, Lindsay died frightened and alone at the hands of this monster. Now, here was Henderson, sitting there at the defense table, shaking and trembling, about to learn of his own fate, and no one was there to help him, except for his attorneys -- and they get paid to do that.
Oh yes, Henderson "apologized" but didn’t actually admit to killing Lindsay. Henderson's "apology", of course, comes after being convicted in a trial where he not only pleaded not guilty and had his attorneys try to blame his cousin for the shooting but threatened one of his co-assailants with murder if he didn’t "take his beef" for Lindsay's death.
If nothing else, the hearing has provided some closure. It has given us some peace of mind, knowing that Henderson will spend the rest of his life in prison, no longer free to hurt another human being.
But the feelings of anger, sadness, and bitterness remain. Anger at Henderson. Anger at the justice system that had him within its grasp and simply let him go when it should have been able to see what an animal he still was. Anger at the lawmakers in Maryland that allow this system to continue the way it is and still are not swayed by tragic incidents like this. Anger at the defense attorneys in this state who inexplicably try to defend this system and claim that it actually lessens the chances of a violent offender's recidivism, despite all evidence to the contrary.
On a personal note, this whole thing has affected me in ways that I cannot even begin to explain. I've spent a good amount of time getting to know the Lindsay's family, in particular Deb Harvey, Lindsay's mother. These are good people. It breaks my heart that this horrible injustice was inflicted upon them.
If Lindsay's death teaches us anything, it is that we are all vulnerable. Violent crime is not just something that we see on the news, or something that happens only to people who make the wrong choices in life. It affects everyone. No one is immune. And the worst part of all is knowing that it can happen because the system that is supposed to be protecting you really isn't doing that.
Lindsay Harvey lived a good life. She loved animals. She loved kids. She loved her family and her friends. She loved her job, and she loved science so much that she taught it to others here in Maryland. She did all the right things, kept company with the right people, and made good decisions in life. And yet somehow it wasn't enough to keep her from becoming the victim of a random act of violence.
It doesn’t make sense, and it never will. But this is the reality we live in. We must do our part to protect each other. Please continue to join us in my efforts to change the system that we can prevent these awful, senseless crimes from happening again and again. Write to your state delegates and senators. Write to Sen. Brian Frosh at brian.frosh@senate.state.md.us. Write to Del. Joseph Vallario at joseph.vallario@house.state.md.us. Sen. Frosh says he supports tough sentences for violent offenders. Tell him to back those words up and move the diminution credit legislation he let die this year out of the Judicial Proceedings Committee in the 2010 legislative session.
You can make a difference, and there is no excuse not to try.
Justice was done in that courtroom last week. But we've got a long way to go. Mitch Cunningham, quoted in The Gazette, has said that the Henderson sentencing will "redouble our efforts" to get diminution credit legislation passed in the General Assembly. I will be part of that effort. So will Deb Harvey. Won't you please join us?
Friday, August 7, 2009
Oneonta Daily Star Picks Up the Henderson Sentencing Story
Although they obtained their information second-hand, Lindsay Harvey's hometown paper nonetheless has followed up on the story of her killer's sentencing hearing. Lindsay was a 2000 graduate of Oneonta (N.Y.) High School.
I neglected to mention earlier that in addition to life without parole, Shawn Henderson also received 20 years for the use of a handgun in the commission of a crime. His attorneys are appealing Judge Terrence McGann's ruling. Judge McGann, however, warned Henderson that an appeal would be "an exercise in futility" and pledged to do everything in his power to make sure he is never released from prison.
I neglected to mention earlier that in addition to life without parole, Shawn Henderson also received 20 years for the use of a handgun in the commission of a crime. His attorneys are appealing Judge Terrence McGann's ruling. Judge McGann, however, warned Henderson that an appeal would be "an exercise in futility" and pledged to do everything in his power to make sure he is never released from prison.
Thursday, August 6, 2009
Lindsay Harvey Scholarship Fund Raises $10,000
Just found this on the Oneonta Daily Star web site, even though it was published almost two months ago. It's a letter to the editor from Felicia Lynd, Lindsay Harvey's grandmother, announcing that the scholarship fund that was established by Lindsay's high school alma mater in Oneonta raised $10,000. This is so good to know. Here is Ms. Lynd's letter:
It has been more than a year now since the tragic and brutal loss of my granddaughter, Lindsay Marie Harvey. The tears still flow and she will be dearly missed and loved forever.
Our family was blessed with such an outpouring of love and support at a most difficult and sad time.
Many people, local, and some across the country, very graciously donated to an Oneonta High School scholarship fund in memory of Lindsay. She would have been so humbled and proud. Education was very important to her. She loved learning and also teaching. In the community college newspaper in Frederick, Md., it stated that although Lindsay loved her job at the “Armed Forces DNA Lab,” they felt her true love was teaching. Lindsay taught forensic science at the community college in addition to her regular job at the DNA Lab.
Since there has been no public acknowledgement of the amount received for the OHS scholarship, we thought it most appropriate to inform those who donated that very close to $10,000 was received.
Our family is most thankful for the generosity shown us.
Lindsay’s mom, her brothers, her grandmother, and uncle and aunt are all alumni of OHS.
Felicia Lynd
Oneonta
It has been more than a year now since the tragic and brutal loss of my granddaughter, Lindsay Marie Harvey. The tears still flow and she will be dearly missed and loved forever.
Our family was blessed with such an outpouring of love and support at a most difficult and sad time.
Many people, local, and some across the country, very graciously donated to an Oneonta High School scholarship fund in memory of Lindsay. She would have been so humbled and proud. Education was very important to her. She loved learning and also teaching. In the community college newspaper in Frederick, Md., it stated that although Lindsay loved her job at the “Armed Forces DNA Lab,” they felt her true love was teaching. Lindsay taught forensic science at the community college in addition to her regular job at the DNA Lab.
Since there has been no public acknowledgement of the amount received for the OHS scholarship, we thought it most appropriate to inform those who donated that very close to $10,000 was received.
Our family is most thankful for the generosity shown us.
Lindsay’s mom, her brothers, her grandmother, and uncle and aunt are all alumni of OHS.
Felicia Lynd
Oneonta
Wednesday, August 5, 2009
Update on Gazette Coverage of the Henderson Sentencing
The Gazette has updated its online piece on the Henderson sentencing. The story now has a photo of Debra Harvey hugging State's Attorney Sherri Koch as well as a link to a video of the press conference that took place after the hearing ended.
Report: 10% of Md. Inmates are Serving Life Terms
Just found this on the Washington Post's web site. Will be filling this blog with details and analysis of the Henderson sentencing soon but thought this piece was too relevant not to pass along.
Stay tuned.
Stay tuned.
BREAKING NEWS: SHAWN HENDERSON HAS BEEN SENTENCED TO LIFE WITHOUT THE POSSIBILITY OF PAROLE
Details and analysis to follow later.
The Henderson Sentencing: Today's the Day
In just a few hours, Shawn Henderson will receive his sentence for murdering Lindsay Harvey. Today's Gazette has a short preview of today's hearing basically rehashing the incident, Henderson's convictions and those of his co-assailants, who were already sentenced earlier this year. The article also gives brief mention to Henderson's previous crimes and the mechanisms Henderson was able to use to obtain his early release from prison.
The Gazette will no doubt have more on this. The Washington Post plans to cover the hearing as well.
The Gazette will no doubt have more on this. The Washington Post plans to cover the hearing as well.
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