Category Archives: Crime and corrections

Don’t Stop a Welcome Purge

confederate flag dayBy Peter Galuszka

The Confederate Battle flag is quickly unraveling throughout the Old Dominion. With it are going many icons of an era racked with controversy and hatred, along with mythology, which regretfully will still continue in some form.

Following the example of South Carolina Gov. Nikki Haley who asked that state’s legislature to take the Confederate flag off State Capitol grounds, Virginia Gov. Terry McAuliffe ordered the Department of Motor Vehicles to stop issuing specialty license plates showing the flag along with the Sons of Confederate Veterans logo.

National retailers such as Walmart and Amazon likewise nixed the flag and removed items displaying it from their shelves and warehouses.

Two events helped push this national movement with remarkable speed.

One was a U.S. Supreme Court decision – split evenly between liberal and conservative judges – that Texas had the right not to allow the Confederate flag on its license plates. The other was the shooting death of nine African-Americans by a self-styled white supremacist as they prayed at a Charleston church.

It’s about time some movement was made on this matter. But in Virginia, as in other parts of the South, there’s a lot more to do. Richmond’s famous Monument Avenue has the statues of Confederate generals Robert E. Lee, Thomas “Stonewall” Jackson and J.E.B. Stuart. Why aren’t they dismantled?

Richmond area schools have “Rebels “or “Confederates” as their mascots, namely Lee-Davis High School in Mechanicsville and Douglas S. Freeman in Henrico County.

Throughout the state are street names celebrating the Southern war machine. There are Jefferson Davis Highways in Alexandria and South Richmond. Only recently were flags removed from the Confederate Memorial Chapel on the grounds of the Virginia Museum of Fine Arts and at private Washington & Lee University.

Of course, the flag is an insult to those oppressed by it, notably African-Americans. But mythology – about an honorable South tragically plundered and lost – has provided cover and let it fly 150 years after the Civil War.

Having grown up mostly in the South or Border States in the 1950s and 1960s and then having worked there for years, I have dealt with the Confederate flag for years. I don’t find it absolutely shocking as some do, but I have always wondered why it keeps flying on public property.

It wasn’t until I was in college in the Boston area when I started really asking myself questions. For one course, I read “The Strange Career of Jim Crow,” historian C. Vann Woodward’s 1955 masterpiece. He demolished the idea that legal segregation was a long-time Southern tradition. Instead, it started up in the 1890s, he pointed out.

That’s not a very long time, especially for white Southerners who purport to be so sensitive to history. Instead, they have invented a mythology. Virginia is becoming more diverse and includes people who have no family tie to state during the mid-19th century. One reason Gov. Haley had the fortitude to do what she did was that she is an Indian-American, born in South Carolina. In other words, she is neither white nor black according to the old rules and didn’t need to be guided by them.

My immediate concern is that this long-needed purge won’t go far enough. And as long as the generals preside over Richmond’s Monument Avenue, the fairy tales will endure.

New Lease on Life for the Death Penalty

Dylann Roof -- the face of evil

Dylann Roof — the face of evil

I’ve been wavering in my support for the death penalty in recent years — repeated stories of people wrongfully convicted ending up on death row wore me down. Once the state has executed someone, there’s no going, whoops, we made a mistake, so sorry about that. But, then, along comes an incident like the murder of nine African-American church goers in Charleston, S.C., and I think, there are crimes so heinous and unforgivable that death is the only appropriate redress.

We’re finding out now that the suspected killer, Dylann Roof, was a loner. He had emotional problems. He was taking a drug, suboxone, which has been connected with sudden outbursts of aggression. I’m sure he’ll find some lawyer who will plead that it wasn’t his fault, the drug made him do it.

Now, Roof deserves his day in court to present a defense, but based on what we know now there are no facts that can possibly mitigate the horror of the crime he committed. Roof had been delving into racist ideologies and ranting about injustices to the white race. He then took it upon himself to go to a black church and sit in a bible study class for an hour before shooting and killing nine people. “I have to do it,” he allegedly said. “You rape our women and you’re taking over our country. And you have to go.”

If the act transpired as portrayed in the media, it could not possibly have been more calculated and premeditated. While Roof may have been emotionally disturbed, he displayed total clarity of mind. The appropriate response to such a crime is to expunge him from the face of the earth.

Update: Heart wrenching beyond words: “The man suspected of killing nine people at a historically black Charleston church told police that he ‘almost didn’t go through with it because everyone was so nice to him,'” reports MSNBC. The statement demonstrates that he clearly knew right from wrong. No excuses. Definitely time for South Carolina to warm up the electric chair.

— JAB

“Spankdown” at Woodlake

S&MBy Peter Galuszka

Homeowners Associations are double-edged swords. They can preserve home values by enforcing covenants but sometimes  morph into Neo-Nazi privatized governments that make life miserable by meddling.

One HOA in suburban Richmond is in something of a unique situation.

Woodlake, a 2,800 home, 1980s-styled PUD in Chesterfield County, has been having problems. The realty firm that owned its extensive swim and recreational facilities sold them to the HOA in 2010 which ended up $700,000 in debt.

It has caused lots of gnashing of teeth because no one wants a special assessment. I don’t live there but I play tennis there and hear a lot about it from my friends.

The board is new, the old community manager left and they hired a new manager who has an extensive professional background in the field.

The manager, Bethany Halle, also has another life. She’s the author of about 70 erotic fantasies specializing sado-masochism, bondage and other delights, including ones involving the paranormal. She enjoys exploring “murder and mayhem” at HOAs in her literary life.

Here’s my story about it in the Chesterfield Observer.

Halle’s books have been published by such houses as “Naughty Nights.” She blogs and has radio shows about erotic literature. The HOA board supports their decision to hire her , saying they knew about her other life but she was the best qualified to run the HOA.

Halle writes under her own name or “Cassandre Dayne” and “Dakotah Black”

One of her titles is “Spankdown.” Maybe that’s just what Woodlake needs.

Important Road Trip Advice

Source: WalletHub

If you’re thinking about loading up your “go” cup and taking a  road trip this summer, my advice is to head north to Maryland or, if you’re in a pinch, south to North Carolina. The penalties against drunk driving aren’t nearly as severe there as they are in Virginia.

According to WalletHub, Virginia ranks 8th in a list of states based on the harshness of penalties meted to drunk drivers. Maryland is 47th (woo hoo! pop me another Budweiser!), while North Carolina is 27th (yeah, baby, I’ll take another swig of Ripple). It would be big mistake, however, to head west. West Virginia has the 4th toughest laws in the nation.

Oh, if your road trip culminates in Washington, D.C., you’re in good shape. D.C. has the 2nd most lax drunk driving penalties in the country. Hmmm…. D.C…. Congress… Minimal penalties for drunk driving… Coincidence? I don’t think so.

— JAB

Will the “Ferguson Effect” Kill Urban Renewal?

by James A. Bacon

Baltimore is the East Coast’s answer to Detroit, a once-prosperous city hollowing out from decades of mismanagement under the Blue State governance model. By the time the Washington Village Development Association (WVDA) filmed its documentary, “Fleeing Baltimore,” in 2013, 31,500 residents had abandoned Maryland’s largest city over the previous decade. Sixteen thousand buildings stood vacant. The documentary described how heroic efforts of middle-class Baltimoreans, both black and white, to clean up trash, combat crime and provide positive experiences for inner city youth were overwhelmed by the ineffectiveness of the city’s criminal justice system.

If conditions were hostile to the middle class two years ago, imagine what it is like now. Last month, a 25-year-old black man, Freddie Gray, died under mysterious circumstances in police custody, raising concerns about police abuse and laying bare a history of strained relations between police and the city’s poor black population. Riots ensued, and now gun violence is up 60% compared to the same time last year. Thirty-two shootings took place over Memorial Day weekend.

Similar explosions in violence are occurring in cities across the United States as as police and inner-city populations react to a series of incidents in which unarmed black men died at the hands of white police. In what what urbanist Heather Mac Donald calls the “Ferguson effect,” police are disengaging from discretionary enforcement activity, the criminal element is feeling empowered and a wave of violence has reversed much of twenty years’ decline in crime rates.

If the surge in murder and violence is foreshadowing of things to come, it will have a tremendous impact on the livability of major urban areas. Two outcomes can be predicted. First, middle-class households with the means to do so will flee the urban core. Second, law-abiding African-Americans living in high-crime neighborhoods but lacking the means to flee will suffer the most.

I’m not disputing the ugly reality that police abuses occur in poor African-American communities. I’m not disputing the fact that police sometimes commit violent crimes themselves, or that African-Americans have a basis for mistrusting the police in some cities. These are real problems that our society must grapple with. But I’m also arguing that the over-reaction to these problems threatens to un-do much of the progress we’ve made in the past twenty years in fighting the scourge of crime and revitalizing our central cities.

Police officers increasingly second-guess themselves in the use of force, writes Mac Donald, writing in the Wall Street Journal. “Any cop who uses his gun now has to worry about being indicted and losing his job and family,” one policeman told her. If police are more timid in applying force, the bad guys will be emboldened in their criminality. She continues:

Even if officer morale were to miraculously rebound, policies are being put into place that will make it harder to keep crime down in the future. Those initiatives reflect the belief that any criminal-justice action that has a disparate impact on blacks is racially motivated.

In New York, pedestrian stops — when the police question and sometimes frisk individuals engaged in suspicious behavior — have dropped nearly 95% from their 2011 high. … Politicians and activists in New York and other cities have now taken aim at “broken windows” policing.

Meanwhile, the move to end “mass incarceration” is gaining momentum across the country. Across the board, Americans are second-guessing the strategies that largely won the “war on crime.” The results will look a lot like Baltimore as productive, law-abiding citizens flee jurisdictions where anarchy and disorder prevail for the safety of suburban jurisdictions.

Watch the WVDA documentary, and you’ll wonder how the city of Baltimore can ever reverse its decline. One of the most basic human needs is a desire to feel safe from physical harm. If the rebound in crime is more than a passing blip — if peoples’ perceptions of crime in American cities undergoes a major change — the human cost will prove devastating and urban jurisdictions once again will slip into the corrosive spiral of rising crime, middle-class flight, shrinking tax base and busted budgets from which we hoped they had escaped.

New Film Documents Horrors of Coal Mining

blood on the moutain posterBy Peter Galuszka

Several years in the making, “Blood on the Mountain” has finally premiered in New York City. The documentary examines the cycle of exploitation of people and environment by West Virginia’s coal industry highlighting Massey Energy, a coal firm that was based in Richmond.

The final cut of the film was released publicly May 26 at Anthology Film Archives as part of the “Workers Unite! Film Festival” funded in part by the Fund for Creative Communities, the Manhattan Community Arts Fund and the New York State Council of the Arts.

Directed by Mari-Lynn Evans and Jordan Freeman, the film shows that how for more than a century, coal companies and politicians kept coal workers laboring in unsafe conditions that killed thousands while ravaging the state’s mountain environment.

As Bruce Stanley, a lawyer from Mingo County, W.Va. who is interviewed in the film and has fought Donald L. Blankenship, the notorious former head of Massey Energy, says, there isn’t a “War on Coal,” it is a “war waged by coal on West Virginia.”

When hundreds of striking workers protested onerous and deadly working conditions in the early 1920s, they were met with machine guns and combat aircraft in a war that West Virginia officials kept out of history books. They didn’t teach it when I was in grade school there in the 1960s. I learned about the war in the 1990s.

The cycle of coal mine deaths,environmental disaster and regional poverty continues to this day. In 2010, safety cutbacks at a Massey Energy mine led to the deaths of 29 miners in the worst such disaster in 40 years. Mountains in Central Appalachia, including southwest Virginia, continue to be ravaged by extreme strip mining.

As Jeff Biggers said in a review of the movie in the Huffington Post:

“Thanks to its historical perspective, Blood on the Mountains keeps hope alive in the coalfields — and in the more defining mountains, the mountain state vs. the “extraction state” — and reminds viewers of the inspiring continuum of the extraordinary Blair Mountain miners’ uprising in 1921, the victory of Miners for Democracy leader Arnold Miller as the UMWA president in the 1970s, and today’s fearless campaigns against mountaintop-removal mining.”

The movie (here is the trailer) is a personal mission for me. In 2013, after my book “Thunder on the Mountain, Death at Massey and the Dirty Secrets Behind Big Coal,” was published by St. Martin’s Press, Mari-Lynn Evans called me and said she liked the book and wanted me to work with her on the movie project. She is from a small town in West Virginia a little south of where I spent several years as a child and thought some of my observations in the book rang true.

I drove out to Beckley, W.Va. for several hours of on-camera interviews. Over the next two years, I watched early versions, gave my criticisms and ideas and acted as a kind of consultant. Mari-Lynn’s production company is in Akron and I visited other production facilities in New York near the Brooklyn Navy Yard.

Interesting work if you can get it. My only forays into film making before had been with my high school film club where he videographed a coffin being lowered into a grave (in West Virginia no less). I was greatly impressed when I saw the movie at its New York premiere.

Mari-Lynn and Jordan have been filming in the region for years. They collaborated on “The Appalachians,” an award-winning three-part documentary that was aired on PBS a few years ago and on “Coal Country” which dealt with mountaintop removal strip mining.

They and writer Phyllis Geller spent months detailing how coal companies bought up land on the cheap from unwitting residents, hired miners and other workers while intimidating them and abusing them, divided communities and plundered some very beautiful mountains.

Upper Big Branch is just a continuation of the mine disasters that have killed thousands. The worst was Monongah in 1907 with a death toll of at least 362; Eccles in 1914 with 183 dead; and Farmington in 1968 with 78 dead (just a county over from where I used to live).

By 2008 while Blankenship was CEO of Massey, some 52 miners were killed. Then came Upper Big Branch with 29 dead in 2010.

At least 700 were killed by silicosis in the 1930s after Union Carbine dug a tunnel at Hawks Nest. Many were buried in unmarked graves.

While state regulation has been lame, scores West Virginia politicians have been found guilty of taking bribes, including ex-Gov. Arch Moore.

The movie is strong stuff. I’ll let you know where it will be available. A new and expanded paperback version of my book is available from West Virginia University Press.

Blankenship is scheduled to go on trial on federal charges related to Upper Big Branch on July 13.

Finally, Tobacco Commission Gets Reforms

Feinman

Feinman

By Peter Galuszka

Virginia’s infamous tobacco commission appears to be finally getting needed reforms 15 years after it went into existence.

Gov. Terry McAuliffe announced today that he was appointing a new executive director, Lynchburg native Evan Feinman, ordering a slimmed down board of directors and requiring a dollar-for-dollar match on grants the commission doles out to support community development in Virginia’s old tobacco belt.

In another break with the past, McAuliffe is renaming the old Virginia Tobacco Indemnification and Community Revitalization Commission as the Virginia Tobacco Region Revitalization Commission.

That might sound cosmetic, but any change is welcome given the commission’s history.

Since its formation after the 1998 Master Settlement Agreement between 46 states and four large cigarette makers, the commission has been spending millions of dollars won from the tobacco firms supposedly to help tobacco growers in a region roughly following the North Carolina border wean themselves off of the golden leaf toward economic projects that are far healthier.

Instead, the commission has been racked by scandal after scandal, including the conviction of a former director, John W. Forbes II, for embezzling $4 million in public money. He is now serving a 10-year jail sentence.

The commission also figured in the corruption trial of former Gov. Robert F. McDonnell since it was suggested my McDonnell as a possible source of funding for businessman Jonnie R. Williams Sr. during McDonnell’s trial for corruption. Williams, who was the star prosecution witness against McDonnell, got help from McDonnell in promoting one of his vitamin supplement products. McDonnell was convicted of 11 felonies and is now appealing.

The old commission also has been criticized by a major state audit for funding dubious projects and not keeping track of whether the money it has doled out has done much good. It had been criticized for acting as a slush fund for projects favored by Southside and southwestern Virginia politicians.

McAuliffe’s reforms include reducing the commission’s board from 31 to 28 members and requiring that 13 of them have experience in business, finance or education.

Feinman has been deputy secretary of natural resources and worked with McAuliffe’s post-election team.

It’s too soon, of course, to know if these changes will bring results, but anything that moves the commission away from its past and the grasp of mossback Tobacco Road politicians is welcome.

Blankenship’s Incriminating Tapes

don-blankenship By Peter Galuszka

It may sound like something out of the Nixon White House, but embattled coal baron Donald L. Blankenship regularly taped conversations in his office, giving federal prosecutors powerful new ammunition as he approaches criminal trial in July.

According to Bloomberg News, the former head of Massey Energy taped up to 1,900 conversations that often go to the heart of the case against him. Blankenship was indicted last Nov. 13 on several felony charges that he violated safety standards and securities laws in the run up to the April 5, 2010 blast at the Upper Big Branch mine in West Virginia that killed 29 miners.

The revelation of the tapes came about in a circuitous way. The tapes were given to federal prosecutors in 2011 by officials of Alpha Natural Resources, which bought Richmond-based Massey Energy in 2011 for $7.1 billion.

After reaching a non-prosecution deal with federal prosecutors, Alpha hired a powerful New York law firm to investigate Massey for any possible violations.

Alpha, based in Bristol, was required as part of a non-prosecution order it signed to surrender all evidence, including the tapes.

Earlier this year, Alpha declined to continue paying Blankenship’s legal bills since he was under criminal indictment. Blankenship, claiming Alpha was required to indemnify, him, sued Alpha in a Delaware court. The existence of the tapes was revealed in that venue.

According to court documents filed in Delaware, Blankenship seemed to know that his disregard and hardball management practices could hurt him.

The tapes show Blankenship’s disdain for the U.S. Mine Safety and Health Administration (MSHA), which regulates mines but also reveal Blankenship knew Massey’s practices were risky.

According to testimony, a tape has Blankenship stating, “Sometimes, I’m torn up with what I see about the craziness we do. Maybe if it weren’t for MSHA, we’d blow ourselves up. I don’t know.”

“I know MSHA is bad, but I tell you what, we do some dumb things. I don’t know what we’d do if we didn’t have them,” Blankenship said on tape in the Delaware case.

So far, little has been revealed about what evidence the U.S. Attorney’s Office in Charleston, W.Va. has against Blankenship. Irene Berger, a U.S. District Judge in Beckley, W.Va., issued a massive gag order forbidding lawyers and even family members of the 29 mine victims from discussing the case, now scheduled for July 13 in Beckely.

The gag rules were order modified after the Charleston Gazette and the Wall Street Journal among other news outlets challenged them before the U.S. Fourth Circuit Court of Appeals in Richmond.

In some cases, apparently, the tapes cut both ways. In Delaware, Blankenship’s lawyers played a tape from 2009 which has Blankenship urging executives to tighten up on safety. “I don’t want to go to 100 funerals,” he is quoted as saying. He allegedly told Baxter Phillips Jr., then Massey’s president, that if there were a fatal disaster, “You may be the one who goes to jail.”

According to Bloomberg, Alpha initiated the internal probe after reaching a non-prosecution deal with federal prosecutors. It hired Cleary Gottleib Steen & Hamilton of New York to handle it.

Since Alpha refused to continue paying Blankenship’s legal bills, Blankenship reportedly has paid his lawyers $1 million himself.

The writer is the author of “Thunder on the Mountain, Death at Massey and the Dirty Secrets Behind Big Coal,” 2012, St. Martin’s Press. Paperback , West Virginia University Press, 2014.

McDonnells May Have Shot at Appeal

mcd convictedBy Peter Galuszka

Robert F. McDonnell, the only Virginia governor ever to be found guilty of corruption, may actually have a good shot at having his convictions reversed on appeal, according to some legal experts.

I have the story in this week’s Style Weekly.

The issue, which has been tossed around many times, involves how broadly or narrowly “honest services fraud” can be interpreted. The key points are whether or not McDonnell and his co-convict and wife Maureen did deny the public the “intangible right” of honest services by taking something of value in exchange for an action.

A further complication is that if they did, in fact, take an action in exchange for something, was it an “official” action? It tends to worry lawyers from such law schools as Harvard, the University of Virginia and the College of William & Mary.

Among some of their worries are that if McDonnell took money from star prosecution witness Jonnie R. Williams but took no specific action for the vitamin salesman, how is that different from a president granting a donor an ambassadorship.

Another concern that “honest services” statutes can be so “vaguely worded” that they could allow prosecutors to carve out a new crime that the defendants might not know they are committing.

I covered most of the six-week-long trial for Bloomberg News last summer and there is no question in my mind that the McDonnells’ behavior was shameful. U.S. District Judge James Spencer tended to go with a broad interpretation of the law.

We’ll see when arguments for McDonnell’s appeal start May 12 at the U.S. Fourth Circuit Court of Appeals in Richmond. I’ll keep my own legal opinions to myself for the moment.

Private Immigrant Jail May Face Woes

Farmville jail protest

Farmville jail protest

By Peter Galuszka

Privatization in Virginia has been a buzzword for years among both parties. In this tax-averse state, contracting off public functions is seen as a wise and worthy approach.

But then you get debacles such as the U.S. 460 highway project. And now, you might have one brewing down in Farmville.

The small college town is in Prince Edward County, which gained international notoriety from 1959 to 1964 when it decided to shut down its entire school system rather than integrate. Many white kids ended up in all-white private schools and many African-American children were cheated out of an education entirely.

About six years ago, another creepy project started there – a private, for-profit prison designed exclusively to imprison undocumented aliens. It’s a cozy little deal, as I outline in a piece in Sunday’s Washington Post.

Farmville gets a $1 per head, per day (sounds like slavery) from the U.S. Immigration and Customs Enforcement agency. Immigration Centers of America, the private firm run by Richmond executives Ken Newsome and Russell Harper, gets profits. Then, in turn, also pay taxes to Farmville and the county.

The ICA facility, whose logo includes an American flag, pays taxes as well and provides about 250 jobs locally. The project even got a $400,000 grant from the scandal-ridden Virginia Tobacco Indemnification and Community Revitalization Commission for water and sewer works.

What might sound like a no-lose operation, except for the mostly Hispanic inmates who might have entered the country illegally, overstayed their visas, or had other bureaucratic problems, may face problems.

The census now at the jail is about 75 percent of what it could be. President Obama has issued an executive order that could free some five million undocumented aliens. It is being challenged by 26 states but Virginia Atty. Gen Mark Herring has filed an amicus brief in favor of Obama.

So what happens to Farmville if Obama wins? It could affect 96,000 aliens in Virginia. Could there someday be no prisoners? Wouldn’t that be too bad for Farmville?

Recent history is instructive. Back in the 1990s, Gov. George Allen, a conservative darling, was pushing private prisons in Virginia as he successfully got rid of parole in part of his crime crackdown. Slave labor was part of the deal.

Executive Intelligence Weekly wrote in 1994:

“Slave labor in American prisons is increasingly being carried out in what are called “private prisons.” In his campaign to “reform” Virginia’s penal laws, Gov. George Allen pointed to prison privatization as the wave of the future, a moneymaking enterprise for the investor, and a source of good, cheap labor for Virginia’s municipalities. Indeed, after taxes, pay-back to the prison, and victim restitution are removed, the inmate earns an average of $1 per hour in these facilities.”

Well guess what happened. Allen pushed for more public and private prisons. They were overbuilt. Demographics changed. Crime rates dropped. Prisons had to be shut down.

So, if immigration reform ever comes about what happens in Farmville? Don’t forget, the private jail came at a time when a construction boom, especially in Northern Virginia had drawn in many immigrants especially from Latin America. Their papers may not have been in order.

Neo-racists like Corey Stewart, chairman of the board of supervisors of Prince William County, ordered a crackdown on brown-skinned people who spoke Spanish. But when the real estate market crashed, fewer Latinos arrived. And, if they did, they avoided Stewart’s home county.

Wither Farmville?