Thursday, April 26, 2007

last week, a little corny

This is my last week working as an investigator with the Public Defender Service, I will sorely miss it. The life lessons that I have learned in a mere four months are enough to change my life forever. I recall when we met with the English trial attorney and he said that working here will change our whole outlook on life, mine has. Witnessing first hand the tragedies of our criminal justice system, getting to personally know clients, seeing the devastating effects of poverty and drugs, and meeting passionate young people like me committed to fighting these inequalities has been an experience of a lifetime. With the risk of sounding trite, I couldn’t have asked for anything more.
Looking back I met one very awe inspiring individual, Janis. Janis is HIV positive, lives in an half-way home, and is a recovering drug addict. However every time we met with her, her positive attitude was infectious and she would readily share with us her life’s adventures. I leave PDS hoping to keep Janis’s spirit alive, staying positive and strong in the face of adversity.

bad jail 2

This week my partner and I learned the true joy of bothering people at night. Having gone to many houses multiple times during the day and having no luck catching up with the inhabitants, we decided to venture out after normal work hours in hope of catching them. This was only moderately successful. When dealing with people associated with a murder case in a poor neighborhood, one can count on the fact that many potential witnesses will not be on a 'normal' schedule. Frustration has become the norm for us, but we do catch enough witnesses to keep us going. It is always that one person you did not expect to talk to who has all the information you need. This person is why I get up in the morning. It is certainly not to be cursed at and have doors slammed in my face. When it comes to uniqueness of experience I believe my internship takes the cake.

The more we visit the jail the more I come to realize just how terrible of a place it is to be held. There is no natural light, unrelieved white walls and a pervasive filth that only makes the dilapidated building more depressing. I try to convince myself that it is not so bad, or that the inmates deserve such harsh environments, but I fail. There is no reason that anyone should have to live in such a place, even if they are convicted. What is even worse is that many of the prisoners are not convicted, but merely being held pending trial. They can be held for up to a year. When I talk to my clients who are languishing in jail with no indictment and no idea of how much longer it might take, I feel terrible. It certainly makes me appreciate my freedom, but it also makes me appreciate my work. I am revitalized by the thought of getting our client's back to their families and their lives.

jail

This week has been our busiest yet, probably because we have four homicides on our plate. Also, now that my partner and I have 'proven' ourselves capable of handling all aspects of a case we are being tasked with more responsibilities and loosed to our own devices. This is both very flattering and very intimidating because we become more directly involved in the outcome of a case. Being an integral part of the defense team means that you rise and fall with the defendant. This knowledge does give us more pride in our work, and when we do get a piece of critical information it is that much sweeter. At the end of the day our satisfaction with our work is wholly dependent on how much our efforts have helped our clients.
I doubt that I will ever be intimidated by a neighborhood at first glance again. We are becoming more and more familiar with the highest crime communities and I am constantly surprised at how normal they seem to me. There are some indicators, such as discarded beer cans or the syringe I stepped on last week, but overall it can be hard to separate a less advantaged neighborhood from a crime den. People live in all kinds of places, some are just used to hearing gunshots.
We finally got an opportunity to visit the jail this week. It was actually the Correctional Treatment Facility, which is a privately run jail. This facility houses mainly women and offenders who have mental problems. My experience was a bit disappointing ,as I mostly realized how poorly run these facilities are. It also made me understand how terrible the situation is for incarcerated individuals. Persons who have been imprisoned pending sentencing have the worst situation, because they have not even been convicted of a crime but still are removed from their families. It is incredibly sad to see someone be introduced to their newborn for the first time in a jail visiting room.

welcome to felony ones

This week my partner and I got assigned another lawyer at the Public Defender Service. Because our first lawyer will be going on paternity leave in April, we are now picking up additional cases with a second attorney. She has been working with PDS for eight years and also teaches occasionally at American University. Because of her seniority and experience, our attorney handles felony one cases; mostly homicides and rapes. We initially picked up three homicides, got briefed in the morning and went into the field at noon.
The cases are fascinating, at least partially because of the severity of the crime. While we investigate each case in the same way, we are clearly conscious of the fact that someone died in these instances. It is something of a shock to me hearing from a witness that someone got shot or stabbed. The disconnect that the media provides in a killing is not to be underestimated. Merely hearing about a murder, and then seeing the place it happened and having it described to you is an experience that I am still becoming accustomed to. Overall I am quite glad that we have picked up these cases because it provides me an opportunity to see the highest profile facet of the criminal justice system.
My new lawyer, like my previous one, has a staff investigator and she makes my life infinitely better. Our staff investigators act as intermediaries between us and the attorney, and they often know the most about the cases. Because they start the investigation, they introduce us to the cases and give us instructions about what is priority. My partner and I both agree that these investigators are our most valuable resources and I know they feel similarly about us. We are constantly told how important our work as interns is to the case, which is obviously a good motivating technique. Despite this, I know that we are simply part of the team and our successes are celebrated by all. Something as simple as talking to a witness we have been trying to catch up makes everyone's day.

poverty in the district

Today I got a first hand look at poverty. I took a statement from the complaining witness in an assault with intent to kill case. She lived in the bottom floor of an apartment complex with her five young children. She is only 26 years old. During the course of the interview she kept the oven open so that the room would be warmed. When we walked in I immediately noticed large bugs crawling up the walls, her little girl sitting in a high chair missing clothes, and the lack of room and furniture in the dilapidated apartment. During the course of the interview the witness started crying. She told me that living is hard, she lost her mother less than a year ago and her baby’s father doesn’t support her in any way and it is so hard to take care of all of these kids by her self.
After the interview we had to take pictures so that we could photograph the crime scene, the kids had never seen a digital camera before. They all wanted their pictures taken. As I left I realized that the chances of these kids getting out of their current life and into a better one was limited, because of unequal and prejudicial school system they will never have the opportunities I’ve had. The inequality and racism in our system is an epidemic, it makes me very sad to see the tragedies associated with our societies failures.

if at first you don't suceed, try try again

Persistence is really the most important skill in my job. When it comes to getting what you want, trying again and again is the best way to reach your goal. My partner Patrick and I must have gone to the same crime scene ten times this week so that we can try and talk with witnesses. It is very common for us to not reach someone when we go by their residence the first time, so we simply go back a different day or a different time of day. What we are not used to is going to the same building half a dozen times. We have canvasses, taken pictures day and night, taken statements, diagrammed, staked out and just driven around the same area for days now. Part of the reason for this is that most of the people associated with this case all live within a couple of miles of each other. Never on the job have I felt threatened, despite the fact that I have spoken with drug users, sellers, violent criminals, and perhaps murderers. Overall I feel that many of them are just curious as to what two young white students are doing in their neighborhoods. Perhaps this is naivety on my part, but I have never gotten used to frequent crime anywhere I have lived. The people I talk to daily tell me gunshots are only noteworthy if there are screams and many people have had relatives shot or killed. This is something I deal with on a daily basis but I feel that I don't entirely understand the circumstances of their daily lives, and I probably never will. Maybe that is why they look at me as such an outsider, because they know that no matter how genuine my sympathy, I cannot possibly comprehend the experience of their lives.
When friends and family members ask me about how it is to work with criminals, I feel offended. The people I meet on a day to day basis do not seem to be criminal, nor do they embody the connotation that is associated with that word CRIMINAL. Almost everyone I’ve meet has treated me with respect and kindness and been genuinely willing to help. Now it may have taken some persuasion, however no one thus far has disrespected me in any way.

trial

This week I got to watch a criminal trial in person. On Tuesday my attorney presented opening arguments in an armed robbery case with co-defendants. The two defendants were twin brothers accused of entering a carry-out with two other men and robbing the customers with guns. Our client had made a statement to the police after his arrest and our defense was that he was acting under duress. It is very surprising how many of our clients actually give statements to the police, nearly all of them seem to. I did not do any work on the case which is why I got to watch the trial. From opening to closing the case only took three days, which was somewhat surprising to me. There were only a few witnesses, and much of the time was spent waiting for people to arrive, which surprised me even more. My biggest realization was that the business of a court is slow and cumbersome, even in criminal matters. I was also surprised by how bias a judge can potentially hold, furthermore I was taken back by how much power the judge holds during trial. From dismissing charges to instructions to the jury, the judge seems to set the whole tone of the trial.
My lawyer is very impressive to watch. I began to realize why Amit works 6 days a week, often from early in the morning until at least 7 at night. He has been trying to dissuade me from law school, he stresses that it is hard to have a family and be a lawyer at the same time. However I understand the thrill of being a trial attorney. It was thrilling to watch closing arguments for our case because I felt that we had a very strong chance of winning, and the import to these men’s futures was significant. That is to say I felt that the government had not met its burden of disproving duress. The jury, it turns out, agreed with me. After only a couple of hours deliberating we received an acquittal on all charges. It was very intense while we were waiting to hear what the jury had decided, liberty on the line now has a much different meaning.
The experience of watching a trial was very educational for me in respect to what I do on a daily basis. We are often very removed from the activity of the trial preparation because we are in the field finding witnesses, so the practical application of our work was edifying. It also is incredibly motivating to see that what we do makes a real difference in people’s lives. I couldn’t help but wonder what if we didn’t win the case, these two young men would be locked up- it makes me want to work even harder now.

second week

In my second week in DC I met my lawyer and officially started my job. My partner, Patrick Callahan is from San Diego California. He passionately cares about civil rights and wants to eventually work for the ACLU. We are paired up so that one person has a car in order to go into the field and conduct our investigations. Patrick has been a decent navigator, he reads off the directions from Map Quest with skill and competency. Driving in the city has been a challenge thus far, it seems that city drivers love the horn. They use it for many many purposes; had a bad day? Use the horn.
My lawyer, Amit Mehta, has a lot of experience with interns, which is good for all of us. He knows what to expect from us but also understands that our time is limited. Nevertheless, we were thrown directly into the game and given a list of tasks on the first day that seemed impossible. Amit is in the felony two trial division, therefore we will mostly be investigating gun cases such as armed robberies, criminal misdemeanors, and serious assaults. Luckily our lawyer also has a staff investigator who has been invaluable in helping us get used to our assignments and answering our questions. Rarely have I asked more questions in my life. The work itself is challenging but endlessly interesting. Everyday we do something different and meet someone very different from myself. I feel sometimes like I’m playing a constant game, the goal in mind is to charm people into giving me information or stuff they do not want to give. Thankfully, I seem to be winning.

my first week on the job

My first week with the Public Defender Service was luckily not nearly as intimidating as I thought it would be. Our first speaker was this passionate English man who has been a trial attorney for PDS for the past 15 years. He quickly said that this internship will show you a very new and different side of the world, also once you see this side you look at life differently forever. He quoted ominous statistics of blatant racism that exists within the district and all around the United States; one of them being that 1/3 of all black males under the age of 18 in the District will be incarcerated. He left saying to hold on tight, because we are in the ride of a lifetime.
After meeting some of the other interns in the building, I started training. We are a semi-autonomous federal agency that represents indigent persons accused of crimes within the District. I had training last week with three other interns to round out a body of about 35 total. Our group of interns was from all over, most of the interns however want to go to law school. I have been playing along, not that I’m not interested in going to law school, but instead am not positive that being a lawyer is my life’s calling.
The training itself was very informative, complete with trips to the Metropolitan Police Department and the Courthouse for the District. We were introduced to the basic premise of legal defense and the methodology of criminal investigation. Beyond that, my job is largely confidential, but very interesting.