20140830

Portland police arrest, handcuff a nine-year-old girl


I got into a few fights as a kid. I saw many, many more. Kids fight. It’s part of growing up. I don’t recall a single incident in which the school, a parent, or any other adult decided it was necessary to get the police involved. And I’d imagine that if anyone had tried, unless some kid had been severely injured, our local police would have thought better of turning kids’ fisticuffs into a criminal incident.
But we’re living in an age in which we use the criminal justice system to address a multitude of problems once handled by parents, schools, religious institutions, and communities. And so we get stories like the one currently inspiring outrage in Portland, in which police came to the home of a nine-year-old girl, arrested her, handcuffed her and carted her off to booking because of her alleged involvement in a fight at a Boys & Girls Club six days earlier.

The accusations against the girl really deserve a point-by-point response. From the Oregonian.

Harris’ 9-year-old daughter, witnesses told police, got in the middle of a dispute between two other girls who had been arguing because one told on the other in school earlier in the day for drawing on a desk.
Kid sometimes draw on desks. Other kids will sometimes tell on those kids. That can lead to altercations. These kids were nine.
The 9-year-old ended up in a fistfight with one of the other girls outside the club, according to a police report. A staff member broke the fight up, but said Harris’ daughter continued to try to strike and kick the other girl before they were separated in different rooms.
These would be serious accusations if the girl was, say, 25 and armed. But she was unarmed. And she was nine.
Both girls apologized to each other. Staff members found no obvious injuries on any of the girls, they told police.
It isn’t surprising that the girls weren’t able to seriously injure one another. (The unarrested girl apparently had a bruised cheek.) Because they were nine.
The 9-year-old was sent home and suspended from the club for one week.
That seems like a reasonable punishment, given that the girl was nine.
But later that day, the mother of one of the girls called Portland police to report the fight. The mother accused Harris’ daughter of striking her child in the face and bashing her head against a brick wall, and told police she wanted an arrest made.
An appropriate police response here might have been to talk to the parents of the offending girl. Perhaps they talk to the club. But they also should have told the angry parent that they aren’t going to arrest a kid who is just nine years old based on secondhand information about a fight that resulted in no injuries. Because she’s nine.
Portland Officers David McCarthy and Officer Matthew Huspek returned to the Harris home six days later on May 2 to question the girl. McCarthy wrote in his report that the 9-year-old gave “vague answers” and appeared to get angry when pressed for more details.
Cops had just shown up at her house to interrogate her. She was nine years old at the time. They were surprised that she seemed upset? Or that she  gave “vague” answers?
“I observed (her) breathing speed up, she looked down at the ground … crossed her arms and would eventually answer my questions,” McCarthy wrote.
Her breathing sped up? As she faced accusatory questioning from cops who had come to her home? She was nine.
Finding the 9-year-old’s statements “inconsistent” with witnesses who described her as the aggressor, the officers took her into custody, accusing her of fourth-degree assault, the police report said.
Reminder: She was nine years old.
“Officer Huspek and I handcuffed (her) and no inventory was performed due to the tight clothing (the girl) wore,” McCarthy wrote.
Of course they handcuffed her. Officer safety and all. You can’t be too careful with a nine year old.
Harris said the officers aggressively questioned her daughter. “They repeatedly asked her, ‘Why don’t you tell me what really happened?’”
Because she’s nine.
When they led her daughter to the patrol car, Harris asked to go with them, but said the officers wouldn’t let her. They did offer to drive the 9-year-old girl back home after she was fingerprinted and photographed.
I mean, I really don’t want to believe this actually happened. The poor kid was nine years old.
The girl was photographed and fingerprinted on the 12th floor of the Justice Center at the police Forensic Service Division and held in a holding area for just over an hour until her mother arrived.
A nine-year-old was cuffed, photographed, and fingerprinted. For a fight with a friend of about the same age. A nine-year-old.
A year later, Harris said, her daughter “is a different child.” The girl, now 10, had been a talented and gifted student at Rosa Parks Elementary, but transferred in October to another school because of teasing and has been in counseling since June, Harris said.
The district attorney’s office never brought charges against the girl, and Harris filed a complaint.
The arrest probably derailed the kid’s life. Hopefully not permanently. I wonder if the complaining parent feels satisfied that justice was done, here — to this nine-year-old.
The Independent Police Review Division, under oversight of Portland’s auditor, found officers violated no Police Bureau policies, and forwarded the complaint to the officers’ supervisors at North Precinct for a “service improvement opportunity,” essentially a debriefing.
Just to reiterate, here, the Portland Police Department has no policy against arresting, cuffing, booking, and dumping into a holding area a nine-year-old accused of fighting with another nine-year-old.
Police spokesman Sgt. Pete Simpson said officers use handcuffs as a safeguard, and acted according to bureau policy.
Officer safety is paramount. There are no exceptions for nine-year-olds. She’s lucky she wasn’t tasered.
The policy (PPB Directive 640.70) says juveniles taken into custody for any felony or Class A misdemeanor “shall” be fingerprinted and photographed at the forensics division, while juveniles taken into custody for Class B and C misdemeanors “may” be fingerprinted and photographed. It makes no age distinctions. Police consider those under age 18 as juveniles. Fourth-degree assault is a Class A misdemeanor.
When it comes to the rigid adherence to procedure, there is no difference between a 17-year-old and a nine-year-old. There will be no exercise of officer discretion, good judgment, or common sense when it comes to nine-year-olds. Or, presumably, seven-year-olds. Or five-year-olds. All are juveniles.

I’m not trying to be flip here. It’s just that there isn’t much else to say. We arrest nine-year-olds now. For scuffling with other kids. And then we point to policies, procedures, and rulebooks when someone quite correctly asks what the hell is going on. The utter insanity of all of this ought to be self-evident. But one more time: She was nine.

Ethics for care robots

Following recent developments in robotics research philosopher Professor Tom Sorell of the University of Warwick has helped produced six values to be used in properly-designed care-robots.

First fully stated in 1942 in the story Runaround, Asimov’s Three Laws of Robotics sought to provide a framework for the relationship between humankind and robots, then mainly creatures of science fiction. Now that robots are widely used in caring for older people, as well as in military and industrial applications, rules for making and interacting with them are a practical and ethical necessity.

The six values are designed address the circumstances of older people in need of support and are to be embodied in the programming and hardware of the care-robot.

Professor Sorell argues that the six values can be promoted by a care-robot “depending on whether the purpose of the robot is to prolong normal adult autonomy and independence as far as possible into old age, or whether the purpose is to take the load off the support network for an older person”.

The Six Values proposed are:

  • Autonomy – being able to set goals in life and choose means;
  • Independence – being able to implement one’s goals without the permission, assistance or material resources of others;
  • Enablement – having, or having access to, the means of realizing goals and choices;
  • Safety – being able readily to avoid pain or harm;
  • Privacy – being able to pursue and realize one’s goals and implement one’s choices unobserved
  • Social Connectedness – having regular contact with friends and loved ones and safe access to strangers one can choose to meet.
Discussing the values, which were developed by Professor Tom Sorell from the University of Warwick, in collaboration with Professor Heather Draper of the University of Birmingham, for a European Commission funded project called ACCOMPANY, Professor Sorell from the University of Warwick said there were “moral reasons why autonomy should be promoted before the alleviation of burdens on carers”.

“Older people deserve to have the same choices as other adults, on pain otherwise of having an arbitrarily worse moral status. And where the six values conflict, there is reason for autonomy to be treated as overriding”, argues Professor Sorell.

On the question of whether the care-robot is answerable to the older person or carers who might worry about the older person and seek to restrict their activities, Professor Sorell says that the ability of the older person ”to lead their life in their own way should prevail” with this being reflected in how the six values are applied.

Professor Sorell recognises that there may be exceptions to the primacy of Autonomy:

“Exceptions might be where older people lack ‘capacity’ in the legal sense (in which case they would not be autonomous), where they are highly dependent, or where leading life in one’s own way is highly likely to lead to the need for rescue”.

Care-robots that are designed to promote the six values and assist older people to pursue their own interests are, Professor Sorell argues, “better than robots designed merely to monitor the vital signs and warn of risks and dangers”.

“Robots designed to let the user control information about their own routines and activities (including mishaps) are also to be preferred to those engaged in data-sharing with worried relations or health care workers”.

The researchers will continue to work on and refine the six values as engineers develop such devices and even Asimov himself continued to refine is own laws in particular adding a 4th or 0th law in later stories

For further for information for media please contact:

Peter Dunn, Director of Press and Policy, University of Warwick,
UK Tel: 024 76 523708 Mobile 07767 655860 email: p.j.dunn@warwick.ac.uk

20140827

U.S. court will not block lawsuits over Connecticut SWAT raid

By Richard Weizel

MILFORD Conn. (Reuters) - A U.S. federal appeals court has ruled that Connecticut police cannot claim immunity to quash lawsuits seeking millions of dollars in damages from a botched 2008 raid by a SWAT team that severely injured a homeowner and killed his friend.

The decision by the U.S. 2nd Court of Appeals in New York clears the way for a judge to decide whether five suburban Connecticut police departments violated the constitutional rights of homeowner Ronald Terebesi by using excessive force.

On May 18, 2008, a heavily armed SWAT - or special weapons and tactics - team unit knocked down Terebesi's door, threw stun flash grenades into his Easton home and fatally shot 33-year-old Gonzalo Guizan of Norfolk as the two men watched television.

Guizan, who was visiting the home, died after being shot a half dozen times.

“The court ruling here is going to be relied upon in other courts throughout the country," Gary Mastronardi, a Bridgeport attorney who represents Terebesi, said on Tuesday. "They set up the parameters that define the extent to which qualified immunity can be asserted by police in SWAT cases."

In a 51-page ruling that upholds a lower court decision, the appeals court said the police responded with unnecessary and inappropriate force and under the circumstances, are not protected by "qualified immunity" from the lawsuits.

The U.S. Supreme Court has ruled that government officials have qualified immunity against civil damages if their conduct does not violate someone's legal or constitutional rights.

“The plaintiffs presented evidence indicating that all of the defendants understood that the warrant was for a small amount of drugs meant only for personal use. The basis for the officersʹ entry, in other words, was related to an offense that was neither grave nor violent,” the appeals court wrote in a decision released late Monday.

The ruling coincides with a rash of cases in which police have been accused of using excessive force. In Ferguson, Missouri, days of sometimes violent protests have followed the death of an unarmed teenager shot by a police officer.

The Connecticut raid involved officers from the Easton, Monroe, Trumbull, Darien and Wilton police departments.

It followed a claim by an exotic dancer that she had seen a small amount of cocaine in Terebesi's home. After the raid, police found only a small quantity of drugs and no guns.

The Easton Police Department declined to comment immediately, and representatives of the other four departments could not be reached on Tuesday.

The towns have claimed their SWAT officers did not use excessive force or violate either man's constitutional rights.

But District Court Judge Janet Bond Arterton ruled in 2012 that the departments are responsible because the SWAT team entered the home with undue force and without enough warning.

Prior to the raid, two police officers expressed concern about using force to execute a search warrant on suspicions of drug possession, court records indicate.

Last February, the towns agreed to pay $3.5 million to Guizan's family to settle their lawsuit.

Terebesi, 50, states in his lawsuit that he was injured when police hit him in the head with a gun. He claims he is suffering from post-traumatic stress as a result of the raid, which he says violated his civil rights.

20140826

D.C. defense attorneys want juveniles released from shackles in court

By Keith L. Alexander

She had just turned 13 when she ran away from home and got into a scuffle with the police officer who found her.

Charged with assault, the teen was housed in a youth center operated by the District’s Department of Youth Rehabilitation Services. When it was time for her first appearance in D.C. Superior Court, a DYRS agent instructed the teen to kneel on a chair and placed iron shackles, which were connected to a metal belt around her waist, onto her ankles and wrists. She waddled into the courtroom.

“I felt like a dog on a leash. Like an animal,” the teen, now 16, recalled. Embarrassed and frightened, she remembered seeing her mother in the courtroom and several adults she did not know. She started to cry, but couldn’t wipe her tears because the restraints kept her from raising her arms to her face. Her attorney, Penelope Spain, asked that the shackles be removed for the hour-long proceeding, but the judge denied the request.

The girl’s case and others like it have led advocates and defense attorneys to call on the court to end its practice of routinely shackling incarcerated youths during court proceedings — and to instead use the restraints only in instances where a juvenile is deemed to be a risk.

While some say the restraints keep defendants and observers safe in situations that can become tense, opponents argue shackles are demeaning and unnecessary in a system aimed more at rehabilitation than punishment. They note that adult defendants in the same courthouse, even those who have been convicted of violent crimes, can have their restraints removed in court.

The practice in D.C. Superior Court differs from other courts in the Washington metropolitan area. Court and police officials in Montgomery, Prince George’s and Fairfax counties, as well as Alexandria, said the decision about whether to shackle a juvenile defendant in court is made on a case-by-case basis. In Fairfax and Montgomery counties, for example, shackles are removed from the juveniles once they enter the courtroom, officials said.

With backing from the National Juvenile Defender Center, D.C. Lawyers for Youth and the D.C. Public Defender Service, D.C. Council member David Grosso (I-At Large) is championing proposed legislation that would eliminate universal shackling of juvenile defendants and instead seek to have judges make a determination based on each youth’s history and behavior since their arrest. Grosso said he hoped the bill would go to a vote by the end of the year.

“They have been shackling kids who have no violent past. It’s a horrible thing. A lot of these kids are nonviolent offenders. We don’t want to send them down the wrong path by shackling somebody who doesn’t need to be shackled,” Grosso said.

The District is unusual in that it is the only place in the country where U. S. marshals escort juvenile defendants. In most places, youth rehabilitation services, sheriffs or police transport and oversee young defendants.

David Neumann, a spokesman for the U.S. Marshals Service, said the service’s policy requires all prisoners, regardless of age, to be in restraints when in the courtroom. An exception is made during jury trials, he said, but youths are tried before judges. Neumann said if a judge orders the restraints on a juvenile be removed, the marshal must confer with a supervisor “to ensure that alternative security measures are in place.”

One U.S. marshal, who spoke on condition of anonymity because he did not have authorization from the service, said even youth held for nonviolent crimes can become volatile without warning. Restraints, he said, protect the defendants and those around them.

In a 2012 study, Suffolk University Law School professor Kim M. McLaurin found that 36 states allowed for indiscriminate shackling of juveniles in court. But at least 11 states, including North Carolina, Florida and New York, had banned the practice, she said.

McLaurin said unnecessary shackling sends the wrong message. “Juvenile court is supposed to be about rehabilitation,” she said. “You don’t achieve that by putting children in handcuffs.”

D.C. Court officials said in a prepared statement that judges can order removal of a youth’s restraints: “When appropriate, a judge can require a juvenile’s hands to be unshackled. At the time of this request, the judge will work in conjunction with the U.S. Marshals, who are charged with protecting juvenile courtrooms, to ensure the safety of the juvenile in custody, the judge, court staff, and spectators,” court spokeswoman Anita Jarman wrote.

But some defense attorneys argue juveniles should not be shackled in court unless a specific reason is given. Alec Karakatsanis, a defense attorney and co-founder of Equal Justice Under Law, a nonprofit civil rights law firm, said the handcuffs distract juvenile defendants from concentrating on their case and prevent them from writing notes to their attorney.

On three recent Mondays, a Washington Post reporter was permitted to watch juvenile court. About two dozen teens appeared on charges that included shoplifting, assault and carrying a weapon. The Post generally does not identify juveniles charged in crimes.

Several D.C. public defenders asked that their clients be released from the shackles during the proceedings. Each time, prosecutors did not object to the request and the judges deferred to the marshals who then denied the request.

In a case involving a 17-year-old charged with carrying a firearm, Magistrate Judge Julie Breslow told the juvenile he could sit at the table, which she said would help relieve the pain to his wrists. “I appreciate your request. I understand the policy of the U.S. marshals is to have them shackled. It’s not a policy I get to make a decision on,” Breslow said in court.

In another case, Magistrate Judge Tara J. Fentress asked a DYRS representative who was standing next to a 14-year-old charged with assault whether the shackles should be removed, as the teen’s attorney requested. The DYRS employee responded: “It’s the policy that all defendants be shackled.” Fentress denied the request.

David Shapiro of the National Juvenile Defender Center said that having juveniles — many of whom are only charged with a crime and not yet convicted — shuffled into the courtroom shackled makes them feel as if “they are less than human.”

“We’re not asking to take out all shackles completely. But if you’re going to put kids in chains, there should be a justification for it,” he said.

The teen charged with assaulting the police officer had several hearings, during which she was shackled, her attorney said. She eventually admitted responsibility for her crime and was committed to a youth facility for a time. Today, she’s living with her mother and finishing high school.

She said she still remembers the feeling of the restraints. “It’s just not fair,” she said.

D.C. Public Defender Andrew Crespo remembers a 2011 case where his client, who was 8 at the time, was led into the courtroom in 2-pound restraints. The boy, who weighed about 60 pounds, sat in a chair with his feet dangling. Prosecutors said the boy allegedly touched a little girl inappropriately at his birthday party hours earlier and he was arrested for sexual assault. Before the hearing, Crespo said, his client kept whispering: “My mommy said I can still have my birthday cake. I can still have my cake, right?” Crespo recalled. The charges were later dropped.

20140824

Two men convicted for possessing extreme ‘WhatsApp porn’ that wasn't viewed

Two men have been convicted for having “truly disgusting” pornographic images on their mobile phones, sent to them through the WhatsApp messaging service, though one claimed he didn’t watch what he was sent.

Gary Ticehurst and Mark Kelly received pornographic images and footage that were sent to them for “shock value,” the Old Bailey heard, and both pleaded guilty to possessing what the judge called “truly disgusting images”.

The men claimed they had been sent the pornography from an unknown source, the Mirror reported, and that they had been unable to watch it as it “sickened” them.

Mr Kelly, 25, of Stapleford Abbots in Romford, Essex, pleaded guilty to one count of possessing an extreme pornographic image likely to cause injury, and three counts of possessing pornographic images involving animals.

Mr Ticehurst, 28, of Newlands Road on Canvey Island, pleaded guilty to one count of possessing an extreme pornographic image likely to cause injury, and two counts of possessing pornographic images involving animals.

Both men were stopped by police on unrelated matters and were found to have the images on their phones at the time.

Both men defended themselves in court and claimed they were unaware that possessing the images was illegal.

Mr Kelly said he had deleted the videos from his WhatsApp, but had “no idea” that the images would save to his camera roll.

"I didn't even watch the full content of the video. It was very sick and disturbing," he told the court.

Mr Ticehurst, said the photos were on his phone for two months, and that he had “completely forgot about them”.

"I thought they were disgusting and decided not to look at them," he said.

Both men were given a two-year conditional discharge and ordered to pay £500 costs.

Judge Worsley told the court that his sentence was “lenient”, but added that neither men had solicited the content themselves, nor had they attempted to share it with others.

He said: "You have pleaded guilty to possessing truly disgusting images.

"It makes a big difference if someone goes out of their way to seek it, or if they're sent it by some mischievous colleague.

"In your case it was unsolicited. This is an exceptional case in some ways. The public should not find this carte blanche to possess material of this nature."

Boston Police Used Facial Recognition Software To Grab Photos of Every Person Attending Local Music Festivals

Once again, the government is experimenting on the public with new surveillance technology and not bothering to inform them until forced to do so. Boston's police department apparently performed a dry run of its facial recognition software on attendees of a local music festival.
Nobody at either day of last year's debut Boston Calling partied with much expectation of privacy. With an army of media photographers, selfie takers, and videographers recording every angle of the massive concert on Government Center, it was inherently clear that music fans were in the middle of a massive photo opp.

What Boston Calling attendees (and promoters, for that matter) didn't know, however, was that they were all unwitting test subjects for a sophisticated new event monitoring platform. Namely, the city's software and equipment gave authorities a live and detailed birdseye view of concertgoers, pedestrians, and vehicles in the vicinity of City Hall on May 25 and 26 of 2013 (as well as during the two days of a subsequent Boston Calling in September). We're not talking about old school black and white surveillance cameras. More like technology that analyzes every passerby for height, clothing, and skin color.
While no one expects their public activities to carry an expectation of privacy, there's something a bit disturbing about being scanned and fed into a database maintained by a private contractor and accessible by an unknown number of entities. Then there's the problem with the technology itself which, while improving all the time, is still going to return a fair amount of false positives.

Ultimately, taking several thousand photos with dozens of surveillance cameras is no greater a violation of privacy than a single photographer taking shots of crowd members. The problem here is the cover-up and the carelessness with which the gathered data was (and is) handled.

First, the cover-up. Like many surveillance programs, this uses the assumed lack of an expectation of privacy as its starting point. But this assumption only works one way. The public can only expect a minimum of privacy protections in public, but law enforcement automatically assumes a maximum of secrecy in order to "protect" its investigative techniques.

In this particular situation, careless security dovetails directly into the cover-up. Boston's Dig website came across a ton of data, documents and captured video from this program just laying around the web.
Dig reporters picked up on a scent leading to correspondence detailing the Boston Calling campaign while searching the deep web for keywords related to surveillance in Boston. Shockingly, these sensitive documents have been left exposed online for more than a year. Among them are memos written by employees of IBM, the outside contractor involved, presenting plans to use "Face Capture" on "every person" at the 2013 concert. Another defines a party of interest "as anyone who walks through the door."
'Guilty until proven innocent" remains the mantra of mass surveillance. Here, a "person of interest" is also just an "attendee." They are inseparable until the software has done its sorting, and even then, the non-hit information is held onto for months or years before being discarded.

Beyond the documents, there's the captured video, much of which remains online and accessible by the general public.
[M]ore than 50 hours of recordings — samples of which are highlighted herein as examples — remain intact today.
Dig gathered up all of this info and confronted the Boston Police Department about its involvement in this project.
Reached for comment about “Face Capture” and intelligent video analysis, a Boston Police Department spokesperson wrote in an email, “BPD was not part of this initiative. We do not and have not used or possess this type of technology.”
A normal denial and generally solid… except for one thing.
The Boston Police Department denied having had anything to do with the initiative, but images provided to me by Kenneth Lipp, the journalist who uncovered the files, show Boston police within the monitoring station being instructed on its use by IBM staff.
The outing of these documents forced the city to acknowledge its participation.
In response to detailed questions, Kate Norton, the press secretary for Boston Mayor Marty Walsh, wrote in an email to the Dig: “The City of Boston engaged in a pilot program with IBM, testing situational awareness software for two events hosted on City Hall Plaza: Boston Calling in May 2013, and Boston Calling in September 2013. The purpose of the pilot was to evaluate software that could make it easier for the City to host large, public events, looking at challenges such as permitting, basic services, crowd and traffic management, public safety, and citizen engagement through social media and other channels. These were technology demonstrations utilizing pre-existing hardware (cameras) and data storage systems.”
The city claims it's not interested in pursuing this sort of surveillance at the moment, finding it to be lacking in "practical value." But it definitely is interested in all the aspects listed above, just not this particular iteration. It also claims it has no policies on hand governing the use of "situational awareness software," but only because it's not currently using any. Anyone want to take bets that the eventual roll out of situational awareness software will be far in advance of any guidance or policies?

Better security is also a must and Boston's -- despite recent events -- seems to be full of holes.
Similarly, [Dig's Kenneth Lipp] easily found his way into lightly secured reams of documents that include Boston parking permit info, including drivers’ licenses, addresses, and other data, kept online on unsecured FTP servers.

“If I were a different kind of actor, a malicious state actor, I could pose a significant threat to the people of Boston because of what I have in the folder.”
Government entities roll out pervasive surveillance programs, almost exclusively without consulting the public, and expect citizens to trust them with the data -- not only what they share and whom they share it with, but to keep it out of the hands of criminals and terrorists. But Boston (and IBM) have proven here that this trust is wholly undeserved.

When the Boston PD lied about its involvement, I'm sure it expected any damning info to be safely secured. Now that it knows that's not true, I wonder if it will be more careful in the future, both with the data it collects on its own as well as its partnerships with third parties.

Unfortunately, as with any mass surveillance, the ease of collecting it all turns everyone into a suspect until proven otherwise. Better targeting and stricter data minimization rules would mitigate this somewhat, but those deploying these programs usually feel it's better to have it all… just in case.

There Is No 5-Second Rule for the First Amendment, Ferguson

By Lee Rowland

Tear gas, rubber bullets, and assault weapons; free speech zones, gags, and press pens: This is the arsenal of the police state. Some of these tactics are physical. The other ones—all the more pernicious for their quiet coercion—impose a veil of silence over the actions of law enforcement. And each of these weapons has been unleashed on the people of Ferguson, Missouri, since the killing of Michael Brown.

In the first few nights of protest, Ferguson and St. Louis County police responded with a truly inconceivable show of force. Officers suited up in DHS-funded military hand-me-downs, outfitted with goggles, machine guns, sniper rifles, riot gear and gas masks. Distressing warzone-like images flickered into the public consciousness: photos of armed police cohorts pointing loaded automatic weapons at citizens with their hands in the air, women and children's faces streaming with tear gas and milk and white officers targeting black protesters like it's Selma circa 1964.

The message was clear: The public is the enemy. And as we the people started getting that message, Ferguson starting working harder to shoot the messengers.

Police repeatedly ordered protesters to turn off cameras and cell phones recording law enforcement. In response, the ACLU of Missouri had to go into court to seek an emergency agreement reminding the police that photographing them is a constitutionally protected right. Roving SWAT teams, perplexingly, raided a McDonald's and arrested two journalists engaged in the suspicious act of recharging their phones. Police aimed tear gas canisters directly at members of the press. A local news crew caught police riding up afterwards and disassembling another crew's media equipment.

Then came more systemic approaches to shutting down the speech of the public and the press. First: a nighttime curfew, applied to a broad area, whose details were obscure and seemingly applied ad hoc on the ground. Of the seven people arrested that night, three claim to have been on their own driveway. Of course, since journalists were subject to the curfew, we don't have a lot of objective facts about what happened in those wee hours.

That curfew only lasted a few days. It was then replaced by a "no standing" rule of dubious origin and authority, under which police threatened the arrest of anyone who stood still for more than 5 seconds, day or night. That also included press. CNN's Don Lemon was pushed along the sidewalk on live television, after being told by authorities to be exactly where he was. As he rightly said to his audience: "Imagine what they are doing to people when [sic] you don't see on national television, the people who don't have a voice like we do."

However, reporters were allowed to stand still—so long as they stayed in the "press pen," a designated space so far off from the action between the cops and the protesters that reporters who tried to witness anything of consequence were tear gassed. And the police didn't hesitate to show they meant business, arresting Getty photographer Scott Olson when he strayed. Like other reporters arrested, he too was promptly released without a report or charges. The point of these repeat press arrests appears to be preventing accountability, not protecting public safety.

And officials have insisted they're not stopping.

The ACLU again went into court on an emergency basis to challenge the 5-second rule. The court declined to shut it down, relying on the state attorney general's word that the city had set aside a designated "free speech zone," which provided ample opportunities for protest. But when ACLU of Missouri staff went to confirm that description after the hearing, the area was empty and off-limits to the public. As of yesterday, the state did ensure the area was open, but it's totally inadequate. Removed from the symbolic location of Michael Brown's death, isolated and sterile, the "free speech zone" is truly where free speech goes to die. And it means that the rest of Ferguson is officially a speech-free zone.

Each of these tactics is an unconstitutional restriction on the rights of speech and assembly in its own right. But this constantly changing whirlwind of restrictions further deepens the constitutional sinkhole Ferguson has become. When residents are bewildered as to when, where, and how they can gather and speak without risking arrest, that uncertainty itself casts a shadow of intimidation and self-censorship across the right of free speech. And of course, that uncertainty is often happening at the business end of a high-powered rifle.

So why, especially in light of our strong First Amendment traditions regularly upheld by the courts, has Ferguson discarded the First Amendment? Perhaps it's because the stakes are so high.

The more news and images we see streaming out of Ferguson, the more we have visceral evidence of the systemic problems of race, inequality, militarization and an us-versus-them cop mentality that are fueling continued protest and righteous outrage. And the more we know about Ferguson, the more concern we should have. An astoundingly non-diverse police department. Financial incentives to over-enforce minor infractions. Charging a victim of police brutality for getting blood on officers' clothing. These aren't mere anecdotes. They are threads in the fabric of a truth we the people have a right – a duty – to reveal and unravel.

As our Supreme Court recognized in Roth v. United States, "The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people."

There is much political and social change desired by the people in Ferguson, and throughout our country. Not one more unarmed young black man should die at the hands of the police. Not one more local police force should get financial incentives to militarize and mobilize against its own citizens. Not one more photographer should risk arrest by doing her job. The iconic images coming out of Ferguson illustrate the urgency of change.

So we the people must give thanks. We give thanks to the journalists who have been zip-tied in the fight for transparency. We give thanks to the tweeters who crowdsource the eyes and ears of America. We give thanks to those on the streets of Ferguson who lift up their camera phones to bear witness to the truth in real time. Because they are the agents of the change we must all seek together.

Our words, our voices, and our pictures are the most devastating weapons of all to entrenched systems of injustice: systems that led to the death of Michael Brown and to the anger it spawned.

20140823

A hundred walked out of my lecture

by Sue Blackmore

I’m still shaken by yesterday’s lecture and its aftermath. Oxford in the 21st century was, I’d fondly assumed, the epitome of somewhere I could speak freely and fully, and expect people to listen and then argue and disagree if they wished to. Apparently not.

I was invited to give a lecture on memes by the “Oxford Royale Academy”, an institution that has nothing to do with the University of Oxford but hosts groups of several hundred 17-18 year-olds for two weeks of classes and, I guess, some kind of simulation of an ‘Oxford experience’. I was told they were of 45 nationalities and I assumed many different religions. So I prepared my lecture carefully. I tried it out the day before on my husband’s grandson, a bright mixed-race 16 year-old from Paris, and added pictures of the latest craze for ‘Fatkini posts’ and more videos, including my favourite Gangnam Style parody (Python style), but I wasn’t going to avoid the topic of religious memes – religions are an example, par excellence, of memeplexes that use wicked tricks to ensure their own survival. I simply made sure that my slides included many religions and didn’t single one out.

Looking back I should have seen trouble coming early on. I began with a pile of stuffed animals on the desk that I use to illustrate natural selection. Many laughed at my ‘dangerous predator’ eating them but at the word ‘evolution’ a young man in the second row began swaying side to side and vigorously shaking his head. I persevered, trying to put over the idea that evolution is inevitable – if you have information that is copied with variation and selection then you must get (as Dan Dennett p50 puts it) ‘Design out of chaos without the aid of mind’. It is this inevitability that I find so delightful – the evolutionary algorithm just must produce design, and once you understand that you have no need to believe or not believe in evolution. You see how it works. So I persevered.

Introducing memes, I asked for volunteers to come up on the stage and invent a new meme. This same young man, called Moritz, was up in a flash, followed by four others. I asked him, at the word ‘go’, to make some simple movements and sounds. ‘One, two, three, Go,’ I said, and he waved one hand around in a circle, chanting ‘In the beginning was the word, and the word ….’. The others then imitated him and that was fun. Three obediently began reciting from the Bible but the fourth threw both arms in the air and declared ‘There’s a big old man in the sky’ and raised a huge laugh and cheer from (some of) the audience. This seemed an opportunity not to be missed so I asked the whole audience, at the word ‘go’, to imitate either of these two new memes, whereupon a great cry burst out of, ‘In the beg…’, ‘There’s an old man …’. Great, I said, we’ve now got two memes, you have just seen meme creation and selection at work.

Then I arrived at religion. I pointed out that religions demand lots of resources (I showed them pictures of a church, a Hindu temple, a Jewish menorah and Muslim pilgrims on Hajj); they pose threats to health (I showed people ‘purifying their souls’ by wading in the stinking germ-laden Ganges) and make people do strange things (I showed rows of Muslims bent over with their heads on the floor). I hadn’t gone far with this before five or six young men got up and began to walk out. They had a good distance to go across the large hall, so I said ‘Excuse me, would you mind telling me why you are leaving?’ There was a long silence until one said, ‘You are offending us. We will not listen,’ and they left. Soon after that another bunch left, and then another.

I explained the idea of religions as memeplexes: they package up a set of doctrines, tell believers to learn them, to pass them on, to have faith and not doubt, and they ensure obedience with fearsome threats and ridiculous promises. This I illustrated with images of Christian heaven and hell. Then I read from the Koran “those that have faith and do good works, Allah will admit them to gardens watered by running streams … pearls and bracelets of gold.” “Garments of fire have been prepared for the unbelievers. They shall be lashed with rods of iron.” More walked out. By the time I arrived at a slide calling religions (Richard’s fault!) ‘Viruses of the mind’, the lecture hall was looking rather empty.

The cartoon was worse. As I have often done before, I suggested that one final trick of a desperate religion (I didn’t say quite that this time) is to forbid laughter. I warned any devout Muslims in the audience to look away as I showed one of the Danish cartoons. It’s so simple – just a bunch of terrorists arriving in heaven to be told, “Stop, stop, we ran out of virgins’. That normally gets a good laugh – along with sympathy for the cartoonists threatened with death for something so innocuous. Not this time. More walked out.

I called out to some as they left, ‘Can’t you even listen to ideas you disagree with? In Oxford, of all places, you should be open-minded enough to hear alternative views’. But no. They said I needed an open mind. This really got to me, raising painful memories of my early research on psychics and clairvoyants who said, ‘You just don’t have an open mind,’ when my careful experiments showed no psychic powers. By the time I moved on to showing Internet memes and viral videos more than half the audience was gone.

There were good questions from those who remained and even more from a little group who gathered round afterwards, a few sceptical ones challenging some brave believers who had dared remain. Then I looked for the chairman who had introduced me. I felt shaken and exhausted and hoped for support. After all, he must have known when I was invited that I was a vociferous atheist, and since I was invited to talk about memes he must have expected me to mention religions. But his face was like thunder. As we left the building, discussing what had happened, I asked him if he was religious. ‘I am a Christian,’ he said, darkly. No comfort there!

Outside, some young Muslims were waiting for me. I was angrily told that I’d made them feel ignorant. They asked whether I’ve read the Koran – at least I could say that I’ve read an English translation (of the whole horrible book). I was asked whether a leech looks like an embryo. (What ???) ‘A little bit,’ I agreed, ‘and there are good biological reasons why animal shapes are … ‘There you are then, that’s why I believe the Koran is the word of God. This is true, like everything in the Koran’.

I staggered up the High Street confused and upset – both at what had happened and at what I had said, and not said. What should I have done? They are ignorant aren’t they? Isn’t that why they’ve come to this city of learning, even if not Oxford University itself – to learn? Was I a coward to apologise? Were my attempts to be reasonable the best way of engaging them or just plain cowardice? Should I have said that the Koran, like the Old Testament, is a foul book full of hatred and violence; that they hold the beliefs they do only because they were infected with this horrible religion when they were too young to object? That they could escape … ?

Walking miserably up the High Street I felt profoundly depressed at the state of the world. I could cheer myself with the thought that I’d learned something. I learned that Islam has yet another nasty meme-trick to offer – when you are offended put your hands over your ears and run away. This would be funny if it weren’t so serious. These bright, but ignorant, young people must be among the more enlightened of their contemporaries since their parents have been able and willing to send them on this course to learn something new. If even they cannot face dissent, or think for themselves, what hope is there for the rest? And what can I do?

Poll: Most Americans Want to Criminalize Pre-Teens Playing Unsupervised

"I doubt there has ever been a human culture, anywhere, anytime, that underestimates children's abilities more than we North Americans do today."

BY Lenore Skenazy

Correction: A previous version of this piece published results about 9- and 12-year-olds that reflected a subset of the poll’s total sample. These numbers have been corrected and now reflect the total sample.

A whopping 68 percent of Americans think there should be a law that prohibits kids 9 and under from playing at the park unsupervised, despite the fact that most of them no doubt grew up doing just that.

What's more: 43 percent feel the same way about 12-year-olds. They would like to criminalize all pre-teenagers playing outside on their own (and, I guess, arrest their no-good parents).

Those are the results of a Reason/Rupe poll confirming that we have not only lost all confidence in our kids and our communities—we have lost all touch with reality.

"I doubt there has ever been a human culture, anywhere, anytime, that underestimates children's abilities more than we North Americans do today," says Boston College psychology professor emeritus Peter Gray, author of Free to Learn, a book that advocates for more unsupervised play, not less.

In his book, Gray writes about a group of 13 kids who played several hours a day for four months without supervision, though they were observed by an anthropologist. "They organized activities, settled disputes, avoided danger, dealt with injuries, distributed goods... without adult intervention," he writes.

The kids ranged in age from 3 to 5.

Of course, those kids were allowed to play in the South Pacific, not South Carolina, where Debra Harrell was thrown in jail for having the audacity to believe her 9-year-old would be fine by herself at a popular playground teeming with activity. In another era, it not only would have been normal for a child to say, "Goodbye, mom!" and go off to spend a summer's day there, it would have been odd to consider that child "unsupervised." After all, she was surrounded by other kids, parents, and park personnel. Apparently now only a private security detail is considered safe enough.

Harrell's real crime was that she refused to indulge in inflated fears of abduction and insist her daughter never leave her side. While there are obviously many neighborhoods wrecked by crime where it makes more sense to keep kids close, the country at large is enjoying its lowest crime level in decades.

Too bad most people reject this reality. The Reason/Rupe Poll asked "Do kids today face more threats to their physical safety?" and a majority—62 percent—said yes. Perhaps that's because the majority of respondents also said they don't think the media or political leaders are overhyping the threats to our kids.

But they are. "One culprit is the 24 hour news cycle," said Richard Louv, author of Last Child in the Woods, when I asked him why so few kids are outside these days. Turn on cable TV, "and all you have to do is watch how they take a handful of terrible crimes against children and repeat that same handful over and over," he said. "And then they repeat the trial over and over, and so we're conditioned to live in a state of fear."

Rationally understanding that we are living in very safe times is not enough to break the fear, he added.

So what is?

Experience. Through his Children and Nature Network, Louv urges families to gather in groups and go on hikes or even to that park down the street that Americans seem so afraid of. Once kids are outside with a bunch of other kids, they start to play. It just happens. Meanwhile, their parents stop imagining predators behind every bush because they are face to face with reality instead of Criminal Minds. They start to relax. It just happens.

Over time, they can gradually regain the confidence to let their kids go whoop and holler and have as much fun as they themselves did, back in the day.

Richard Florida, the urbanist and author of The Rise of the Creative Class, is one of the many parents today who recalls walking to school solo in first grade. He was in charge of walking his kindergarten brother the next year. The age that the Reason/Rupe respondents think kids should start walking to school without an adult is 12.

That's the seventh grade.

Florida has intensely fond memories of riding his bike "everywhere" by the time he was 10. Me too. You too, I'm guessing. Why would we deny that joy to our own kids? Especially when we're raising them in relatively safer times?

"Let your kids play in the park, for God's sake," Florida pleads. "We'll all be better for it."

Why should South Pacific toddlers have all the fun?

20140821

Police, lawyer release statements on student's alleged dinosaur killing

SUMMERVILLE, SC (WCSC) - A Summerville High School student who says he was arrested and suspended after writing about killing a dinosaur using a gun in a class assignment has hired a lawyer.

Attorney David Aylor, who is representing 16-year-old Alex Stone, said his client's arrest over a creative writing assignment on Tuesday was "completely absurd," and is seeking to appeal the suspension and "proceed with the legal issues of [Stone's] arrest."

“This is a perfect example of ‘political correctness' that has exceeded the boundaries of common sense," Aylor said in a statement released on Thursday."Students were asked to write about themselves and a creative Facebook status update – just days into the new school year – and my client was arrested and suspended after a school assignment."

The Summerville Police Department who arrested Stone on Tuesday on a charge of disorderly conduct is disputing Stone's account of his arrest.

"The information that is being reported is grossly incorrect in reference to what led to the juvenile being charged," said Capt. Jon Rogers in a Summeville police statement released on Thursday."The charges do not stem from anything involving a dinosaur or writing assignment, but the student's conduct."

Stone said he and his classmates were told in class to write a few sentences about themselves, and a "status" as if it was a Facebook page. Stone said in his "status" he wrote a fictional story that involved the words "gun" and "take care of business."

"I killed my neighbor's pet dinosaur, and, then, in the next status I said I bought the gun to take care of the business," Stone said.

Stone says his statements were taken completely out of context.

"I could understand if they made him re-write it because he did have "gun" in it. But a pet dinosaur?" said Alex's mother Karen Gray."I mean first of all, we don't have dinosaurs anymore. Second of all, he's not even old enough to buy a gun."

Investigators say the teacher contacted school officials after seeing the message containing the words "gun" and "take care of business," and police were then notified on Tuesday.

Summerville police officials say Stone's book bag and locker were searched on Tuesday, and a gun was not found. According to police, when Stone was asked by school officials about the comment written on the assignment, he became "very irate" and said it was a joke.

A Summerville Police Department report states that Stone continued to be disruptive and was placed in handcuffs, and was told that he was being detained for disturbing schools.

According to Gray, Stone was suspended for the rest of the week. Gray says she is furious that the school did not contact her before her son was arrested.

She says her son followed directions and completed an assignment.

"If the school would have called me and told me about the paper and asked me to come down and discussed everything and, at least, get his point-of-view on the way he meant it. I never heard from the school, never. They never called me," said Gray.

Stone and his mother say they understand the sensitive nature of what he wrote, but they say it was a rash reaction to an innocent situation.

"I regret it because they put it on my record, but I don't see the harm in it," Stone said."I think there might have been a better way of putting it, but I think me writing like that, it shouldn't matter unless I put it out towards a person."

ACLU: First Amendment ‘suspended in Ferguson’

By Irin Carmon

Police in Ferguson, Mo., on Monday began telling protesters – who have been gathered for days demanding justice for the death of an unarmed teenager at the hands of police – that they were no longer allowed to stand in place for more than five seconds, but had to keep moving.

“When inquiries were made to law enforcement officers regarding which law prohibits gathering or standing for more than five seconds on public sidewalks,” the ACLU of Missouri wrote in its emergency federal court filing to block the apparent policy, “the officers indicated that they did not know and that it did not matter. The officers further indicated that they were following the orders of their supervisors, whom they refused to name.” The ACLU argued the policy was a prior restraint on speech and asked for a temporary restraining order.

“The attorney general came to court via phone and announced that there was an alternative speech zone that was being set up,” Tony Rothert, the legal director of the ACLU of Missouri, told msnbc. That satisfied the judge, who agreed it was a close call but denied the ACLU’s request to block the policy.

So where and what was that free speech zone? “It’s supposed to be at the intersection of Ferguson and Florissant,” Rothert said. “There is a field there, but it is padlocked and no one can get in.”

At 6:45 p.m. CT on Monday, Guardian reporter Jon Swaine tweeted that a man was arrested for briefly failing to keep moving. On Tuesday, NBC News reported that a total of 78 people had been arrested, all but three for “failure to disperse.”

Even as civil rights groups have demanded more transparency in the investigation of Michael Brown’s death, they have been struggling to keep up with the ever-changing policies on protest and the press – and what they are concerned are serious constitutional violations.

“In many ways,” Rothert told msnbc, “the First Amendment has been suspended in Ferguson.”

In an unprecedented move, global group Amnesty International deployed 10 observers on American soil to investigate human rights abuses against the protesters, like tear gas and smoke bombs being used. Steven Hawkins, Executive Director of Amnesty International USA, said in an interview Monday on MSNBC’s “The Daily Rundown” that the group saw some “troubling signs in Ferguson that violated international human rights standards.”

“We have had conversations with law enforcement to be part of the patrol when the curfew was in place … we were denied,” Hawkins told guest host Craig Melvin, saying “We plan to stay for the duration.” Four more observers have been deployed.

On Monday afternoon, President Barack Obama called for order, but also said, “Let me also be clear that our constitutional rights to speak freely, to assemble, and to report in the press must be vigilantly safeguarded,” he said, “especially in moments like these. There’s no excuse for excessive force by police or any action that denies people the right to protest peacefully.”

Just hours later, Getty Images photographer Scott Olson was arrested because, he said in a video taken as it happened, “media are required to be in a certain area.” He was released a couple of hours later. And Ryan Devereaux, a reporter for the Intercept, was arrested along with a German reporter.

First Amendment rights in question in Ferguson The arrests of journalists came despite the fact that on August 15, the city, St. Louis County, and the Missouri Highway Patrol chief had signed a court agreement saying “the media and members of the public have a right to record public events without abridgment unless it obstructs the activity or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.” The agreement followed a First Amendment complaint filed by the ACLU on behalf of a radio reporter, Mustafa Hussein, whom police had ordered to stop recording.

“I’m going to tell you in the midst of chaos, when officers are running around, we’re not sure who’s a journalist and who’s not,” Captain Ron Johnson said in a late-night press conference Monday, according to a transcript from Politico. He added. “So yes, we may take some of you into custody,” he continued. “But when we do take you into custody, and we have found out you’re a journalist, we’ve taken the proper action.”

The Intercept’s editor, John Cook, disputed that “proper action” had been taken, because Devereaux spent the night in jail even after identifying himself as press. Devereaux has not been charged.

“Members of the public should be extraordinarily concerned when these repeat incidents occur,” Lee Rowland, staff attorney at the national ACLU’s Speech, Privacy & Technology Project, told msnbc of reporters being arrested. “We cannot evaluate what’s happening in Ferguson if the press doesn’t have the ability to document or report on whether other constitutional rights are being violated.”

Civil liberties groups have also raised concerns about the broad restrictions on protesters, including a curfew that has subsequently been lifted, and the use of tear gas to disperse crowds that, according to authorities themselves, contain only a few bad actors. “When there are peaceful protesters and one bad apple,” said Rowland, “that seems like a disproportionate response, when targeted arrests are possible.”

The fast-changing and internally conflicting nature of police instructions cause their own problems. “One police officer will tell someone they must stand in a location,” said Rothert, “and the next police officer will tell them they’ll arrest them if they stand there.”

For both protesters and the press, Rothert said, “the biggest First Amendment issue right now is that no one knows the rules, and when I say no one, that includes the police.”

The most recent Supreme Court case affirming the primacy of protesting on public sidewalks – even if a state claims that public safety is at stake – was McCullen v. Coakley. In June, the Court struck down a Massachusetts law creating a buffer zone around abortion clinics. “Consistent with the traditionally open character of public streets and sidewalks, we have held that the government’s ability to restrict speech in such locations is ‘very limited,’” wrote Chief Justice John Roberts.

But courts are a slow mechanism for addressing rights violations, particularly ones that aren’t written down in law. As Rowland put it, “In most of the cases, years after tumultuous times in a city’s history, a court finally rules on whether its actions were problems.”

Insane case of mistaken identity: Woman arrested, told she’s actually dead, jailed anyway

By Arturo Garcia

A 42-year-old St. Louis woman filed a federal civil suit against not only local police, but court personnel for arresting her and putting her in jail even after realizing that the actual person they were looking for was dead, Courthouse News reported.

Shannon Renee McNeal’s lawsuit argues that she was arrested in front of her children in August 2009 on a warrant for felony drug possession charges that was actually meant for Shannon Raquel McNeal, who had been killed three months before the warrant was approved. Shannon Renee McNeal was subsequently jailed on a $20,000 bond despite her fingerprints not matching those of the dead suspect, who was also 13 years younger than her.

“The booking officer acknowledged that plaintiff’s fingerprints did not match but plaintiff was told that she would have to have [police] sort it out since they were the entity that issued the warrant for her arrest,” the suit stated.

A county clerk also allegedly confirmed the officer’s mistake, but Shannon Renee McNeal was still transferred to the city’s department of corrections and assigned a caseworker. After the caseworker also confirmed she was not the suspect, McNeal was allegedly told to retain her own attorney — which she could not afford — or notify prosecutors herself.

The suit states that McNeal was kept in jail for two days despite the multiple confirmations of her innocence, during which time she was sprayed with pesticides that burned her stomach and back, before being released on the orders of Circuit Judge Thomas Frawley.

McNeal also argues that she lost her job on account of the mistake, and that the felony charge is still attributed to her on some public databases despite her paying to expunge it from her criminal record. The suit calls for authorities to “develop and implement adequate training programs for its officers and employees about citizen’s rights under the Fourth Amendment” and seeks punitive damages for both violating her rights under that amendment and for false arrest and imprisonment.

The case was first brought to light by a St. Louis Post-Dispatch report last year showing that McNeal was one of about 100 people who spent at least 2,000 days in jail after police mistakenly arrested them due to clerical errors. In McNeal’s case, a clerk identified her under the wrong name two years before her arrest while setting up authorities’ file on Shannon Raquel McNeal.

“Almost all the mistakes could have been prevented — or at least fixed immediately — had authorities paid attention to what fingerprints tried to tell them from the start,” the Post-Dispatch’s report stated. “Officials’ reaction to McNeal: It was her own fault, because if her name had not been in a criminal justice database, the mistake could not have been made.”

Local officials later “questioned the accuracy” of the Post-Dispatch investigation, but did not provide any data that could dispute it.

“There are those who will say that the problem has been fixed, but we’ve seen little evidence of that,” Shannon Renee McNeal’s attorney, Jim Hacking, told the Post-Dispatch this week. “No substantial changes have occurred since we’ve started investigating and filing lawsuits over this type of conduct.”

20140820

The Day Ferguson Cops Were Caught in a Bloody Lie

The officers got the wrong man, but charged him anyway—with getting his blood on their uniforms. How the Ferguson PD ran the town where Michael Brown was gunned down.

Police in Ferguson, Missouri, once charged a man with destruction of property for bleeding on their uniforms while four of them allegedly beat him.

“On and/or about the 20th day of Sept. 20, 2009 at or near 222 S. Florissant within the corporate limits of Ferguson, Missouri, the above named defendant did then and there unlawfully commit the offense of ‘property damage’ to wit did transfer blood to the uniform,” reads the charge sheet.

The address is the headquarters of the Ferguson Police Department, where a 52-year-old welder named Henry Davis was taken in the predawn hours on that date. He had been arrested for an outstanding warrant that proved to actually be for another man of the same surname, but a different middle name and Social Security number.

“I said, ‘I told you guys it wasn’t me,’” Davis later testified.

He recalled the booking officer saying, “We have a problem.”

The booking officer had no other reason to hold Davis, who ended up in Ferguson only because he missed the exit for St. Charles and then pulled off the highway because the rain was so heavy he could not see to drive. The cop who had pulled up behind him must have run his license plate and assumed he was that other Henry Davis. Davis said the cop approached his vehicle, grabbed his cellphone from his hand, cuffed him and placed him in the back seat of the patrol car, without a word of explanation.

But the booking officer was not ready just to let Davis go, and proceeded to escort him to a one-man cell that already had a man in it asleep on the lone bunk. Davis says that he asked the officer if he could at least have one of the sleeping mats that were stacked nearby.

”He said I wasn’t getting one,” Davis said.

Davis balked at being a second man in a one-man cell.

“Because it’s 3 in the morning,” he later testified. “Who going to sleep on a cement floor?”

The booking officer summoned a number of fellow cops. One opened the cell door while another suddenly charged, propelling Davis inside and slamming him against the back wall.

“I told the police officers there that I didn’t do nothing, ‘Why is you guys doing this to me?’” Davis testified. “They said, ‘OK, just lay on the ground and put your hands behind your back.’”

Davis said he complied and that a female officer straddled and then handcuffed him. Two other officers crowded into the cell.

“They started hitting me,” he testified. “I was getting hit and I just covered up.”

The other two stepped out and the female officer allegedly lifted Davis’ head as the cop who had initially pushed him into the cell reappeared.

“He ran in and kicked me in the head,” Davis recalled. “I almost passed out at that point… Paramedics came… They said it was too much blood, I had to go to the hospital.”

A patrol car took the bleeding Davis to a nearby emergency room. He refused treatment, demanding somebody first take his picture.

“I wanted a witness and proof of what they done to me,” Davis said.

He was driven back to the jail, where he was held for several days before he posted $1,500 bond on four counts of “property damage.” Police Officer John Beaird had signed complaints swearing on pain of perjury that Davis had bled on his uniform and those of three fellow officers.

The remarkable turned inexplicable when Beaird was deposed in a civil case that Davis subsequently brought seeking redress and recompense.

“After Mr. Davis was detained, did you have any blood on you?” asked Davis’ lawyer, James Schottel.

“No, sir,” Beaird replied.

Schottel showed Beaird a copy of the “property damage” complaint.

“Is that your signature as complainant?” the lawyer asked.

“It is, sir,” the cop said.

“And what do you allege that Mr. Davis did unlawfully in this one?” the lawyer asked.

“Transferred blood to my uniform while Davis was resisting,” the cop said.

“And didn’t I ask you earlier in this deposition if Mr. Davis got blood on your uniform?”

“You did, sir.”

“And didn’t you respond no?”

“Correct. I did.”

Beaird seemed to be either admitting perjury or committing it. The depositions of other officers suggested that the “property damage” charges were not just bizarre, but trumped up.

“There was no blood on my uniform,” said Police Officer Christopher Pillarick.

And then there was Officer Michael White, the one accused of kicking Davis in the head, an allegation he denies, as his fellow officers deny striking Davis. White had reported suffering a bloody nose in the mayhem.

“Did you see Mr. Davis bleeding at all?” the lawyer, Schottel, asked.

“I did not,” White replied.

“Did Mr. Davis get any blood on you while you were in the cell?” Schottel asked.

“No,” White said.

The contradictions between the complaint and the depositions apparently are what prompted the prosecutor to drop the “property damage” allegation. The prosecutor also dropped a felony charge of assault on an officer that had been lodged more than a year after the incident and shortly after Davis filed his civil suit.

Davis suggested in his testimony that if the police really thought he had assaulted an officer he would have been charged back when he was jailed.

“They would have filed those charges right then and there, because that’s a major felony,” he noted.

Indisputable evidence of what transpired in the cell might have been provided by a surveillance camera, but it turned out that the VHS video was recorded at 32 times normal speed.

“It was like a blur,” Schottel told The Daily Beast on Wednesday. “You couldn’t see anything.”

The blur proved to be from 12 hours after the incident anyway. The cops had saved the wrong footage after Schottel asked them to preserve it.

Schottel got another unpleasant surprise when he sought the use-of-force history of the officers involved. He learned that before a new chief took over in 2010 the department had a surprising protocol for non-fatal use-of-force reports.

“The officer himself could complete it and give it to the supervisor for his approval,” the prior chief, Thomas Moonier, testified in a deposition. “I would read it. It would be placed in my out basket, and my secretary would probably take it and put it with the case file.”

No copy was made for the officer’s personnel file.

“Everything involved in an incident would generally be with the police report,” Moonier said. “I don’t know what they maintain in personnel files.”

“Who was in charge of personnel files, of maintaining them?” Schottel asked.

“I have no idea,” Moonier said. “I believe City Hall, but I don’t know.”

Schottel focused on the date of the incident.

“On September 20th, 2009, was there any way to identify any officers that were subject of one or more citizens’ complaints?” he asked.

“Not to my knowledge,” Moonier said.

“Was there any way to identify any officers who had completed several use-of-force reports?”

“I don’t recall.”

But however lax the department’s system and however contradictory the officers’ testimony, a federal magistrate ruled that the apparent perjury about the “property damage” charges was too minor to constitute a violation of due process and that Davis’ injuries were de minimis—too minor to warrant a finding of excessive force. Never mind that a CAT scan taken after the incident confirmed that he had suffered a concussion.

Schottel has appealed and expects to argue the case in December. He will contend that perjury is perjury however minor the charge and note that both the NFL and Major League Baseball have learned to consider a concussion a serious injury.

Schottel figures the courts might take the problems of the Ferguson Police Department as more than de minimis as a result of the protests sparked when an officer shot and killed an unarmed 18-year-old named Michael Brown on the afternoon of Aug. 9.

“Your chances on appeal are going up,” a fellow lawyer told him.

At least one witness has said that Brown was shot in the back and then in the chest and head as he turned toward the officer with his hands raised.

“I said, ‘Well, that doesn’t surprise me,’” Schottel told The Daily Beast on Wednesday. “I said I already know about Ferguson, nothing new can faze me about Ferguson.”

Schottel has also deposed the new chief, Thomas Jackson, who took over in 2010. Jackson testified that he has instituted a centralized system whereby all complaints lodged against cops by citizens or supervisors go through him and are assigned a number in an internal affairs log. Schottel views Jackson as “not a bad guy,” someone who has been trying to make positive change.

“He wants to do right, but it was such a mess,” Schottel said Wednesday.

Jackson has seemed less than progressive as he delayed identifying the officer involved in the shooting for fear it would place him and his family in danger. Jackson would only say the officer is white and has been on the job for six years. This means that for his first two and most formative years the officer might have been writing his own force reports and that none of them went into his file.

“It’s hard to get people to clean things up, especially if they’re used to doing things a certain way,” Schottel said.

On Friday, police finally identified the officer as Darren Wilson, who is said to have no disciplinary record, as such records are kept in Ferguson. We already know that he started out at a time when it was accepted for a Ferguson cop to charge somebody with property damage for bleeding on his uniform and later saying there was no blood on him at all.

Ripping Off Young America: The College-Loan Scandal

The federal government has made it easier than ever to borrow money for higher education - saddling a generation with crushing debts and inflating a bubble that could bring down the economy

By Matt Taibbi

On May 31st, president Barack Obama strolled into the bright sunlight of the Rose Garden, covered from head to toe in the slime and ooze of the Benghazi and IRS scandals. In a Karl Rove-ian masterstroke, he simply pretended they weren't there and changed the subject.

More Taibbi: The Last Mystery of the Financial Crisis

The topic? Student loans. Unless Congress took action soon, he warned, the relatively low 3.4 percent interest rates on key federal student loans would double. Obama knew the Republicans would make a scene over extending the subsidized loan program, and that he could corner them into looking like obstructionist meanies out to snatch the lollipop of higher education from America's youth. "We cannot price the middle class or folks who are willing to work hard to get into the middle class," he said sternly, "out of a college education."

Flash-forward through a few months of brinkmanship and name-calling, and not only is nobody talking about the IRS anymore, but the Republicans and Democrats are snuggled in bed together on the student-loan thing, having hatched a quick-fix plan on July 31st to peg interest rates to Treasury rates, ensuring the rate for undergrads would only rise to 3.86 percent for the coming year.

Though this was just the thinnest of temporary solutions – Congressional Budget Office projections predicted interest rates on undergraduate loans under the new plan would still rise as high as 7.25 percent within five years, while graduate loans could reach an even more ridiculous 8.8 percent – the jobholders on Capitol Hill couldn't stop congratulating themselves for their "rare" "feat" of bipartisan cooperation. "This proves Washington can work," clucked House Republican Luke Messer of Indiana, in a typically autoerotic assessment of the work done by Beltway pols like himself who were now freed up for their August vacations.

Not only had the president succeeded in moving the goal posts on his spring scandals, he'd teamed up with the Republicans to perpetuate a long-standing deception about the education issue: that the student-loan controversy is now entirely about interest rates and/or access to school loans.

Obama had already set himself up as a great champion of student rights by taking on banks and greedy lenders like Sallie Mae. Three years earlier, he'd scored what at the time looked like a major victory over the Republicans with a transformative plan to revamp the student-loan industry. The 2010 bill mostly eliminated private banks and lenders from the federal student-loan business. Henceforth, the government would lend college money directly to students, with no middlemen taking a cut. The president insisted the plan would eliminate waste and promised to pass the savings along to students in the form of more college and university loans, including $36 billion in new Pell grants over 10 years for low-income students. Republican senator and former Secretary of Education Lamar Alexander bashed the move as "another Washington takeover."

The thing is, none of it – not last month's deal, not Obama's 2010 reforms – mattered that much. No doubt, seeing rates double permanently would genuinely have sucked for many students, so it was nice to avoid that. And yes, it was theoretically beneficial when Obama took banks and middlemen out of the federal student-loan game. But the dirty secret of American higher education is that student-loan interest rates are almost irrelevant. It's not the cost of the loan that's the problem, it's the principal – the appallingly high tuition costs that have been soaring at two to three times the rate of inflation, an irrational upward trajectory eerily reminiscent of skyrocketing housing prices in the years before 2008.

How is this happening? It's complicated. But throw off the mystery and what you'll uncover is a shameful and oppressive outrage that for years now has been systematically perpetrated against a generation of young adults. For this story, I interviewed people who developed crippling mental and physical conditions, who considered suicide, who had to give up hope of having children, who were forced to leave the country, or who even entered a life of crime because of their student debts.

They all take responsibility for their own mistakes. They know they didn't arrive at gorgeous campuses for four golden years of boozing, balling and bong hits by way of anybody's cattle car. But they're angry, too, and they should be. Because the underlying cause of all that later-life distress and heartache – the reason they carry such crushing, life-alteringly huge college debt – is that our university-tuition system really is exploitative and unfair, designed primarily to benefit two major actors.

First in line are the colleges and universities, and the contractors who build their extravagant athletic complexes, hotel-like dormitories and God knows what other campus embellishments. For these little regional economic empires, the federal student-loan system is essentially a massive and ongoing government subsidy, once funded mostly by emotionally vulnerable parents, but now increasingly paid for in the form of federally backed loans to a political constituency – low- and middle-income students – that has virtually no lobby in Washington.

Next up is the government itself. While it's not commonly discussed on the Hill, the government actually stands to make an enormous profit on the president's new federal student-loan system, an estimated $184 billion over 10 years, a boondoggle paid for by hyperinflated tuition costs and fueled by a government-sponsored predatory-lending program that makes even the most ruthless private credit-card company seem like a "Save the Panda" charity. Why is this happening? The answer lies in a sociopathic marriage of private-sector greed and government force that will make you shake your head in wonder at the way modern America sucks blood out of its young.

In the early 2000s, a thirtysomething scientist named Alan Collinge seemed to be going places. He had graduated from USC in 1999 with a degree in aerospace engineering and landed a research job at Caltech. Then he made a mistake: He asked for a raise, didn't get it, lost his job and soon found himself underemployed and with no way to repay the roughly $38,000 in loans he'd taken out to get his degree.

Collinge's creditor, Sallie Mae, which originally had been a quasi-public institution but, in the late Nineties, had begun transforming into a wholly private lender, didn't answer his requests for a forbearance or a restructuring. So in 2001, he went into default. Soon enough, his original $38,000 loan had ballooned to more than $100,000 in debt, thanks to fees, penalties and accrued interest. He had a job as a military contractor, but he lost it when his employer ran a credit check on him. His whole life was now about his student debt.

Collinge became so upset that, while sitting on a buddy's couch in Tacoma, Washington, one night in 2005 and nursing a bottle of Jack Daniel's, he swore that he'd see Sallie Mae on 60 Minutes if it was the last thing he did. In what has to be a first in the history of drunken bullshitting, it actually happened. "Lo and behold, I ended up being featured on 60 Minutes within about a year," he says. In 2006, he got to tell his debt story to Lesley Stahl for a piece on Sallie Mae's draconian lending tactics that, curiously enough, Sallie Mae itself refused to be interviewed for.

From that point forward, Collinge – who founded the website StudentLoanJustice.org – became what he calls "a complaint box for the industry." He heard thousands of horror stories from people like himself, and over the course of many years began to wonder more and more about one particular recurring theme, what he calls "the really significant thing – the sticker price." Why was college so expensive?

Tuition costs at public and private colleges were, are and have been rising faster than just about anything in American society – health care, energy, even housing. Between 1950 and 1970, sending a kid to a public university cost about four percent of an American family's annual income. Forty years later, in 2010, it accounted for 11 percent. Moody's released statistics showing tuition and fees rising 300 percent versus the Consumer Price Index between 1990 and 2011.

After the mortgage crash of 2008, for instance, many states pushed through deep cuts to their higher-education systems, but all that did was motivate schools to raise tuition prices and seek to recoup lost state subsidies in the form of more federal-loan money. The one thing they didn't do was cut costs. "College spending has been going up at the same time as prices have been going up," says Kevin Carey of the nonpartisan New America Foundation.

This is why the issue of student-loan interest rates pales in comparison with the larger problem of how anyone can repay such a huge debt – the average student now leaves school owing $27,000 – by entering an economy sluggishly jogging uphill at a fraction of the speed of climbing education costs. "It's the unending, gratuitous, punitive increase in prices that is driving all of this," says Carey.

As Collinge worked to figure out the cause of those cost increases, he became focused on several highly disturbing, little-discussed quirks in the student-lending industry. For instance: A 2005 Wall Street Journal story by John Hechinger showed that the Department of Education was projecting it would actually make money on students who defaulted on loans, and would collect on average 100 percent of the principal, plus an additional 20 percent in fees and payments.

Hechinger's reporting would continue over the years to be borne out in official documents. In 2010, for instance, the Obama White House projected the default recovery rate for all forms of federal Stafford loans (one of the most common federally backed loans for undergraduates and graduates) to be above 122 percent. The most recent White House projection was slightly less aggressive, predicting a recovery rate of between 104 percent and 109 percent for Stafford loans.

When Rolling Stone reached out to the DOE to ask for an explanation of those numbers, we got no answer. In the past, however, the federal government has responded to such criticisms by insisting that it doesn't make a profit on defaults, arguing that the government incurs costs farming out negligent accounts to collectors, and also loses even more thanks to the opportunity cost of lost time. For instance, the government claimed its projected recovery rate for one type of defaulted Stafford loans in 2013 to be 109.8 percent, but after factoring in collection costs, that number drops to 95.7 percent. Factor in the additional cost of lost time, and the "net" projected recovery rate for these Stafford loans is 81.8 percent.

Still, those recovery numbers are extremely high, compared with, say, credit-card debt, where recovery rates of 15 percent are not uncommon. Whether the recovery rate is 110 percent or 80 percent, it seems doubtful that losses from defaults come close to impacting the government's bottom line, since the state continues to project massive earnings from its student-loan program. After the latest compromise, the 10-year revenue projection for the DOE's lending programs is $184,715,000,000, or $715 million higher than the old projection – underscoring the fact that the latest deal, while perhaps rescuing students this coming year from high rates, still expects to ding them hard down the road.

But the main question is, how is the idea that the government might make profits on defaulted loans even up for debate? The answer lies in the uniquely blood-draining legal framework in which federal student loans are issued. First of all, a high percentage of student borrowers enter into their loans having no idea that they're signing up for a relationship as unbreakable as herpes. Not only has Congress almost completely stripped students of their right to disgorge their debts through bankruptcy (amazing, when one considers that even gamblers can declare bankruptcy!), it has also restricted the students' ability to refinance loans. Even Truth in Lending Act requirements – which normally require lenders to fully disclose future costs to would-be customers – don't cover certain student loans. That student lenders can escape from such requirements is especially pernicious, given that their pool of borrowers are typically one step removed from being children, but the law goes further than that and tacitly permits lenders to deceive their teenage clients.

Not all student borrowers have access to the same information. A 2008 federal education law forced private lenders to disclose the Annual Percentage Rate (APR) to prospective borrowers; APR is a more complex number that often includes fees and other charges. But lenders of federally backed student loans do not have to make the same disclosures.

"Only a small minority of those who've been to college have been told very simple things, like what their interest rate was," says Collinge. "A lot of straight-up lies have been foisted on students."

Talk to any of the 38 million Americans who have outstanding student-loan debt, and he or she is likely to tell you a story about how a single moment in a financial-aid office at the age of 18 or 19 – an age when most people can barely do a load of laundry without help – ended up ruining his or her life. "I was 19 years old," says 24-year-old Lyndsay Green, a graduate of the University of Alabama, in a typical story. "I didn't understand what was going on, but my mother was there. She had signed, and now it was my turn. So I did." Six years later, she says, "I am nearly $45,000 in debt. . . . If I had known what I was doing, I would never have gone to college."

"Nobody sits down and explains to you what it all means," says 24-year-old Andrew Geliebter, who took out loans to get what he calls "a degree in bullshit"; he entered a public-relations program at Temple University. His loan payments are now 50 percent of his gross income, leaving only about $100 a week for groceries for his family of four.

Another debtor, a 38-year-old attorney who suffered a pulmonary embolism and went into default as a result, is now more than $100,000 in debt. Bedridden and fully disabled, he accepts he will likely be in debt until his death. He asked that his name be withheld because he doesn't want to incur the wrath of the government by disclosing the awful punch line to his story: After he qualified for federal disability payments in 2009, the Department of Education quickly began garnishing $170 a month from his disability check.

"Student-loan debt collectors have power that would make a mobster envious" is how Sen. Elizabeth Warren put it. Collectors can garnish everything from wages to tax returns to Social Security payments to, yes, disability checks. Debtors can also be barred from the military, lose professional licenses and suffer other consequences no private lender could possibly throw at a borrower.

The upshot of all this is that the government can essentially lend without fear, because its strong-arm collection powers dictate that one way or another, the money will come back. Even a very high default rate may not dissuade the government from continuing to make mountains of credit available to naive young people.

"If the DOE had any skin in the game," says Collinge, "if they actually saw significant loss from defaulted loans, they would years ago have said, 'Whoa, we need to freeze lending,' or, 'We need to kick 100 schools out of the lending program.'"

Turning down the credit spigot would force schools to compete by bringing prices down. It would help to weed out crappy schools that hawked worthless "degrees in bullshit." It would also force prospective students to meet higher standards – not just anyone would get student loans, which is maybe the way it should be.

But that's not how it is. For one thing, the check on crappy schools and sleazy "diploma mill" institutions is essentially broken thanks to a corrupt dynamic similar to the way credit-rating agencies have failed in the finance world. Schools must be accredited institutions to receive tuition via federal student loans, but the accrediting agencies are nongovernmental captives of the education industry. "The government has outsourced its responsibilities for ensuring quality to weak, nonprofit organizations that are essentially owned and run by existing colleges," says Carey.

Fly-by-night, for-profit schools can be some of the most aggressive in lobbying for the raising of federal-loan limits. The reason is simple – some of them subsist almost entirely on federal loans. There's actually a law prohibiting these schools from having more than 90 percent of their tuition income come from federally backed loans. It would seem to amaze that any school would come even close to depending that much on taxpayers, but Carey notes with disdain that some schools use loopholes to go beyond the limit (for instance, loans to servicemen are technically issued through the Department of Defense, so they don't count toward the 90 percent figure).

Bottomless credit equals inflated prices equals more money for colleges and universities, more hidden taxes for the government to collect and, perhaps most important, a bigger and more dangerous debt bomb on the backs of the adult working population.

The stats on the latter are now undeniable. Having passed credit cards to became the largest pile of owed money in America outside of the real-estate market, outstanding student debt topped $1 trillion by the end of 2011. Last November, the New York Fed reported an amazing statistic: During just the third quarter of 2012, non-real-estate household debt rose nationally by 2.3 percent, or a staggering $62 billion. And an equally staggering $42 billion of that was student-loan debt.

The exploding-debt scenario is such a conspicuous problem that the Federal Advisory Council – a group of bankers who advise the Federal Reserve Board of Governors – has compared it to the mortgage crash, warning that "recent growth in student-loan debt . . . has parallels to the housing crisis." Agreeing with activists like Collinge, it cited a "significant growth of subsidized lending" as a major factor in the student-debt mess.

One final, eerie similarity to the mortgage crisis is that while analysts on both the left and the right agree that the ballooning student-debt mess can be blamed on too much easy credit, there is sharp disagreement about the reason for the existence of that easy credit. Many finance-sector analysts see the problem as being founded in ill-considered social engineering, an unrealistic desire to put as many kids into college as possible that mirrors the state's home-ownership goals that many conservatives still believe fueled the mortgage crisis. "These problems are the result of government officials pushing a social good – i.e., broader college attendance" is how libertarian writer Steven Greenhut put it.

Others, however, view the easy money as the massive subsidy for an education industry, which spent between $88 million and $110 million lobbying government in each of the past six years, and historically has spent recklessly no matter who happened to be footing the bill – parents, states, the federal government, young people, whomever.

Carey talks about how colleges spend a lot of energy on what he calls "gilding" – pouring money into superficial symbols of prestige, everything from new buildings to celebrity professors, as part of a "never-ending race for positional status."

"What you see is that spending on education hasn't really gone up all that much," he says. "It's spending on things like buildings and administration. . . . Lots and lots of people getting paid $200,000, $300,000 a year to do . . . something."

Once upon a time, when the economy was healthier, it was parents who paid for these excesses. "But eventually those people ran out of money," Carey says, "so they had to start borrowing."

If federal loan programs aren't being swallowed up by greedy schools for expensive and useless gilding, they're being manipulated by the federal government itself. The massive earnings the government gets on student-loan programs amount to a crude backdoor tax increase disguised by cynical legislators (who hesitate to ask constituents with more powerful lobbies to help cut the deficit) as an investment in America's youth.

"It's basically a $185 billion tax hike on middle-income and low-income citizens and their families," says Warren Gunnels, senior policy adviser for Vermont's Sen. Bernie Sanders, one of the few legislators critical of the recent congressional student-loan compromise.

Gunnels notes with irony that a few years ago, when Obama moved to eliminate private-lender middlemen from the servicing of federally backed loans, much hay was made out of the enormous profits private industry had long earned on the backs of students. The Congressional Budget Office issued a report estimating that Obama's program would save $86.8 billion over a 10-year period by eliminating private profits from the system. Obama said taxpayers were "paying banks a premium to act as middlemen," adding that it was a "premium we cannot afford."

The outrage over profits, however, was short-lived.

"It was wrong when banks were making an $86 billion profit on students, but somehow it's OK when the government makes a $185 billion profit on them," says Gunnels.

One of the reasons the money has kept flying out the government's door over the years is that data about student-loan-default rates has been carefully concealed from the public and from Congress. For years, when it reported statistics about student defaults, the DOE relied upon a preposterous arbitrary calculation called the "cohort default rate," which essentially measured the rate of default only within the first two years of graduation. In 2008, Congress passed a law forcing the DOE to switch to a theoretically more accurate three-year measurement, which it sent to Congress for the first time last year. Overnight, the picture looked a good bit grimmer. The 2009 number, based on the old two-year 2009 "cohort" rate, was 8.8 percent. When the new three-year number came out, the rate had jumped to 13.4 percent.

The Department of Education refuses to release more accurate default numbers. But outsiders think the DOE is lowballing it. The Chronicle of Higher Education charges that the government "vastly undercounts defaults." In 2010, it estimated that one in five had defaulted on their loans since 1995, that 31 percent of community-college students default and that an astonishing 40 percent of students attending for-profit schools end up defaulting. A report by the Inspector General of the Department of Education has come to similar conclusions about the reliability of the absurd and arbitrary "cohort" figure.

However high that default number really is, what's clear is that the state is still able to turn billions in profit on its lending, and expects to continue to do so for the next 10 years. The reason for that, again, lies in something everyone who has a student loan understands implicitly – the state and its collectors are not ­squeamish collecting the money they're owed. The government is in the pain business, and business is good.

"They called me at work, sometimes two to three times a day, doing all the stuff they aren't supposed to do: threats, et cetera," says 41-year-old Shawn FitzGerald, who owes $300 a month and says he expects to be paying off education loans into his sixties. "They told the receptionist at my job that I was in legal trouble. . . ."

"Sallie Mae has started sending letters to my deceased mother," says Thomas Daggett of Chesterfield, Massachusetts, who left school in the Nineties and owes $35,000.

"I have been told I made the wrong decision going to college, as well as being told I was a failure, an idiot and a mooch," says Larissa, a young woman from a blue-collar town outside Chicago. "I've had ex-boyfriends that I never even lived with contacted by collection agents, my childhood friend's distant relatives contacted by them, as well as distant relatives of my own. . . ."

"I try not to look at the balances because the prospect of paying them off with my shit salary is so goddamn depressing it makes me want to chug vodka until I pass out," says Robert Boardman, a proud but underemployed owner of a doctorate from the University of Michigan.

There's a particularly dark twist to the education story, which is tied to the collapse of the middle class and the overall shittening of our economic landscape: College degrees are actually considered to be more essential than ever. The New York Times did a story earlier this year declaring the college degree to be the "new high school diploma," describing it as essentially a minimum job requirement. They found an Atlanta law firm that requires even clerks, secretaries and runners to have four-year degrees and cited research that everyone from hygienists to cargo agents needs to have graduated from college to get hired.

You can look at this development in one of two ways. One way is to see a college degree as a better investment than ever, which was the conclusion of the Organization for Economic Cooperation and Development, which noted that the difference in earnings between the poorly and well-educated has risen in recent years with the worsening economy.

But another way to look at this new truth is that, because of the poor job market, young people may have less of a chance than ever to actually get a good job commensurate with their education. If they don't have the degree, then they have no chance at all. So if they even want a clerking job, they must dive face-first into the debt muck and take their chances that they won't end up watching the federal government take bites out of disability checks while their law degree gathers dust downstairs somewhere. So, yes, a college education is a great thing, and you probably need one now more than ever – the problem is that it may very well be mandatory, may have less of a chance of ever getting you a job, and you may still be paying for it on your deathbed no matter what.

There are powerful reasons for both the left and the right to be willfully blind to the root problem. Democrats – who, incidentally, receive at least twice as much money from the education lobby as Republicans – like to see the raging river of free-flowing student loans as a triumph of educational access. Any suggestion that saddling befuddled youngsters with tens of thousands of dollars in school debts is somehow harmful or counterproductive to society is often swiftly shot down by politicians or industry insiders as an anti-student position. The idea that limitless government credit might be at least enabling high education costs tends to be derisively described as the "Bennett hypothesis," since right-wing moralist and notorious gambler/dick/hypocrite Bill Bennett once touted the same idea.

"It is wrong to suggest that student aid is a cause for growing college costs, in any sector," David Warren, president of the National Association of Independent Colleges and Universities, wrote in The Washington Post last year, bemoaning the "re-emergence" of the Bennett theory. "To argue so is counterproductive to the goal of making higher education accessible and affordable."

Conservatives, meanwhile, with their usual "Fuck everybody who complains about anything unless it's us" mentality, tend to portray the student-loan "problem" as a bunch of spoiled, irresponsible losers who are simply whining about having to pay back money they borrowed with their eyes wide open. When Yale and Penn recently began suing students who were defaulting on their federal Perkins loans, a Cato Institute analyst named Neal McCluskey pretty much summed up the conservative take. "You could take a job at Subway or wherever to pay the bills," he said. "It seems like basic responsibility to me."

But conservatives most of all should hate the current system for any number of reasons – for being a massive hidden tax, for being a market-defying subsidy artificially keeping ineffective and poor-performing institutions in business, and for being an example of arbitrary government power seizing not just money borrowed plus interest, but billions in additional fees and penalties from ordinary people.

Progressives should hate the predatory tactics of lenders and the sleazy way universities rely upon loan-shark collection methods to keep themselves in fancy new waterfalls, swimming pools and tenure-track jobs.

But nobody hates it enough, except for the people actually trying to pay the bills with increasingly worthless degrees. Instead, the credit keeps flowing and the debt bubble keeps expanding, thanks to leaders like John Boehner (whose daughter reportedly works at Sallie Mae's student-collections firm, General Revenue Corp.) and Dianne Feinstein (who introduced legislation to increase limits on Pell grants while her husband was heavily invested in for-profit colleges).

In a way, America itself is violating the Truth in Lending Act. It's cheering millions of high school graduates toward college every year, feeding them into the debt grinder under the banner of increased opportunity, when full disclosure would require admitting that there isn't a hell of a lot waiting for them on the other side, where the middle class has nearly vanished and full employment is going the way of the dodo.

We're doing the worst thing people can do: lying to our young. Nobody, not even this president, who was swept to victory in large part by the raw enthusiasm of college kids, has the stones to tell the truth: that a lot of them will end up being pawns in a predatory con game designed to extract the equivalent of home-mortgage commitment from 17-year-olds dreaming of impossible careers as nautical archaeologists or orchestra conductors. One former law student I contacted for this story had a nervous breakdown while struggling to pay off six-figure debt. It wasn't until he tapped into one of the few growth industries open to young Americans that his outlook brightened. "I got my life back on track by working for a marijuana delivery service in Manhattan," he says. "I've had to compromise who I am . . . because I started down a path that I couldn't turn away from. Student loans aren't hope. They're despair."