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	<title>Beth Schwartzapfel</title>
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	<description>Freelance Journalist &#38; Writer</description>
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		<title>No Country for Innocent Men</title>
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		<pubDate>Mon, 12 Dec 2011 16:18:30 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
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		<description><![CDATA[How a rapist's confession forced Rick Perry, champion of Texas justice, to pardon a dead man.]]></description>
			<content:encoded><![CDATA[<p>January/February 2012</p>
<p><a href="http://motherjones.com/politics/2011/12/tim-cole-rick-perry?page=1"><img class="alignleft size-full wp-image-521" title="MoJologo" src="http://blackapple.org/wp-content/uploads/2011/01/MoJologo.png" alt="" width="270" height="120" /></a>&#8220;Dear Mr. Cole,&#8221; the letter began. &#8220;My name is Jerry Wayne Johnson. I&#8217;m presently a Texas prisoner. You may recall my name from your 1986 rape trial in Lubbock.&#8221;</p>
<p>Ruby Session was shaking as she read on. The year was 2007, and the letter was addressed to her son Timothy Cole. &#8220;I have been trying to locate you since 1995 to tell you I wish to confess I did in fact commit the rape Lubbock wrongly convicted you of.&#8221;</p>
<p>Ruby sat down, stood up. A picture of Tim in a tuxedo, taken at his junior prom, smiled from the mantle. Before his trial the prosecutor had offered him a deal to plead to lesser charges. &#8220;Mother,&#8221; Tim had said, &#8220;I am not pleading guilty to something I didn&#8217;t do.&#8221; He was sentenced to 25 years in prison. Thirteen years later, he died behind bars.</p>
<p><strong>The Texas criminal-justice system</strong> has long had a harsh reputation, but it has drawn renewed scrutiny with Gov. Rick Perry&#8217;s run for president. During the past 11 years, Perry has presided over <a href="http://www.tdcj.state.tx.us/death_row/dr_executed_offenders.html" target="_blank">238 executions</a>, including the infamous case of Cameron Todd Willingham, who was put to death based on a dubious arson investigation. In a September debate, Perry famously said that he had lost no sleep over the possibility of an innocent man being executed on his watch.</p>
<p>Yet during his governorship, Texas has exonerated no fewer than 56 people. All had served years, sometimes decades, in prison; five were <a href="http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row" target="_blank">on death row</a>. As Perry sees it, these exonerations don&#8217;t suggest a problem with the system—they demonstrate that it&#8217;s working. &#8220;We have a very lengthy and methodical process of appeals,&#8221; he said in March 2010. &#8220;And that is a great and good mark for Texas.&#8221;</p>
<p>Perry made those remarks during an <a href="http://motherjones.com/politics/2011/12/tim-cole-rick-perry?page=1#video">extraordinary ceremony</a> in which he handed down the first posthumous pardon in Texas history. Timothy Cole, imprisoned while a 26-year-old student at Texas Tech University, had been failed by the justice system at every turn. But what makes his story particularly gut-wrenching is that he perished in prison even as the real rapist, Jerry Johnson, tried repeatedly to confess to the crime. By the time Johnson&#8217;s story was heard, Cole had been dead nearly a decade.</p>
<p>The tale of Tim Cole and Jerry Johnson, which I investigated for more than a year, reveals a system in which an innocent man, once convicted, has virtually no chance of redemption—even with the guilty man fighting for it. For the thousands of Americans spending years of their lives in prison for crimes they did not commit, the odds couldn&#8217;t be much bleaker.</p>
<p><strong>On the night of March 24, 1985</strong>, Texas Tech sophomore Michele Murray was parking her car near campus when a tall black man in a yellow terry-cloth shirt approached and asked her for jumper cables. He reached into the window, unlocked the door, and shoved Murray to the passenger side. He forced her head down onto the seat and held a knife to her neck. He told her that if she kept screaming she wouldn&#8217;t come back alive.</p>
<p>He smoked while he drove. He asked her name, her major. He took her to a field outside of town and raped her. He smoked when he was done. Then he made her drive him back to town, stole her jewelry and money, and took off on foot.</p>
<p>It was the fifth rape on or around the Texas Tech campus in four months. Female students were frantic. Police were on high alert. In all the cases, a young woman was approached in her car by a tall black man—identified as a smoker by three of the victims—who drove her outside of town at knifepoint and raped her. Composite sketches of the &#8220;Tech rapist&#8221; in the local papers seemed to change daily. Only about 500 of the 22,000 students on campus were black, and it became a grim joke among them: Don&#8217;t walk around campus at night or they&#8217;ll say you&#8217;re the rapist.</p>
<p>The shoddy police investigation and sensational trial that followed were capped by a remarkable coincidence. When Cole was taken to the Lubbock County Jail after his sentencing, in September 1986, the real rapist was right there in a nearby cell. Johnson, who was awaiting trial for two other rapes and a murder, had followed Cole&#8217;s story in the paper. He listened to Cole cry. &#8220;It was terrible to learn that Tim was…on trial for something I knew he hadn&#8217;t done,&#8221; Johnson wrote to me in a letter in 2010. &#8220;Seeing him cry his first night in jail and seeing him leave to be taken to prison was difficult, I cried.&#8221; But he did nothing. He was already facing the death penalty. &#8220;I knew it wasn&#8217;t good to say anything before I went to trial.&#8221; Later he would learn in the prison library that there was also the statute of limitations to consider. So he kept his mouth shut—for nine years.</p>
<p>Johnson grew up in the 1960s on the east side of Lubbock, an impoverished neighborhood of cotton fields and ramshackle houses. He was raised mostly by his great-grandmother; his mother, JoNell Johnson, and grandmother lived nearby, as did his estranged father, Lorenzo Harris. &#8220;Sometimes Jerry would come over to the house, be out there at the fence,&#8221; Harris recalls. &#8220;He knew I was his daddy, but my wife would run him off.&#8221;</p>
<p>Johnson was 12 years old the night in 1971 when his mother shot and killed a boyfriend after he assaulted her with a pool cue. (She was eventually sentenced to 10 years&#8217; probation.) He dropped out of high school but managed steady employment in blue-collar jobs. He had two children and got married in the early 1980s. But by 1985, Johnson says, he had lost control. &#8220;Obviously I had a psychological breakdown,&#8221; he says. &#8220;Why, I don&#8217;t know.&#8221; When pressed, he demurs. &#8220;I cannot form a reason or cause for my actions.&#8221;</p>
<p>Johnson raped Murray in March, he now admits, but investigators never pursued him as a suspect. He was arrested that July, however, for raping a woman he met at a party. In October, out on bond, he was arrested for kidnapping and raping a 15-year-old girl from Estacado High School; two years later, he was convicted of those crimes and sentenced to life in prison. He was also charged with murdering an insurance saleswoman, but those charges were dropped.</p>
<p>Johnson and I had been corresponding for about a year when we finally met in March 2010, in a bright, empty visitation room at the Price Daniel correctional facility in Snyder, Texas. Tall and thickly built, Johnson was dressed in the facility&#8217;s standard white cotton shirt and pants and was soft-spoken and polite. Now 52, Johnson is certain he&#8217;ll never be free again. &#8220;There&#8217;s a lot of people live a false life; everything they do is a lie. Never no honesty. And you have those people that go to their death like that. I don&#8217;t want to go to mine like that.&#8221;</p>
<p>When I ask him about the four other Texas Tech rapes—so similar to Murray&#8217;s but never solved—he says, &#8220;I don&#8217;t have a comment about that stuff.&#8221;</p>
<p><strong>Hill View Drive</strong>, the leafy middle-class block where Tim Cole and his six younger siblings grew up, was overrun with kids. Cole was a big brother to them all: He organized sports games, led neighborhood jogs, and gave advice. &#8220;Tim used to always tell me to be the best I could be,&#8221; recalls neighbor Leon Warren. &#8220;He would tell me, &#8216;Make sure you go to a major university and do good,&#8217; and &#8216;You can make it.&#8217;&#8221;</p>
<p>From an early age Cole was sure he would play basketball in college—despite his severe asthma, he loved sports—study business, and own his own company. He went to Texas Tech and the University of Texas-San Antonio before joining the Army in 1981; in 1984, he moved in with his younger brother Reggie in Lubbock to go back to school at Tech. He studied long hours, worked as a dishwasher, and partied occasionally. In January 1985, he was robbed outside a party, and when he reported the crime, police found some marijuana and a gun in his pocket. (He was charged with a misdemeanor.)</p>
<p>One night that April, outside a pizza parlor, Cole chatted up a woman named Rosanna. After Cole had driven away, she got into her partner&#8217;s squad car, sure she&#8217;d found her mark. Rosanna was an undercover police officer—bait for the Tech rapist. Two days later, a detective stopped by Cole&#8217;s place. He needed to take a picture, he said, for the investigation of the robbery Cole had reported. Cole looked straight into the camera and the detective snapped a Polaroid.</p>
<p>Later that day, an officer brought a photo lineup over to Murray&#8217;s dorm. All but one of the photos were mug shots—men looking away from the camera, holding their book-in cards. Murray hesitated. She pointed to the Polaroid of Cole. &#8220;I think that is him,&#8221; she said.</p>
<p>&#8220;Are you positive?&#8221; asked the officer.</p>
<p>&#8220;Yes,&#8221; she said. &#8220;I am positive.&#8221;</p>
<p><strong>Eyewitness identification</strong> has long been the most powerful tool in a prosecutor&#8217;s arsenal. Even when there is a dearth of forensic evidence, juries are swayed by a victim&#8217;s certitude—how could she forget the face of the person who raped her? But researchers are learning just how often eyewitnesses are wrong: Nationwide, incorrect identification was a factor in the convictions of more than 75 percent of people eventually exonerated by DNA. Gary Wells, an Iowa State University psychology professor who has studied the issue for decades, says the Lubbock police did exactly the things that can influence an eyewitness to choose the wrong guy. In a good lineup, he says, the witness must be warned that the perpetrator might not be in the lineup at all. &#8220;The tendency is to pick the person who looks most like the perpetrator—relative to the other lineup members,&#8221; Wells explains. He also argues that the process must be double blind: Neither the officer nor the witness should know which photo shows the true suspect. &#8220;It&#8217;s so natural for the lineup administrator, if you pick the person they had in mind, to smile, react, to reinforce.&#8221;</p>
<p>For his 2011 book, <a href="http://www.amazon.com/Convicting-Innocent-Where-Criminal-Prosecutions/dp/0674058704" target="_blank"><em>Convicting the Innocent</em></a>, University of Virginia law professor Brandon Garrett examined hundreds of DNA exonerations and found that in at least a third of the cases the victim was shown a &#8220;stacked lineup&#8221; like Cole&#8217;s, where the actual suspect was highlighted. Even if victims were uncertain initially, he says, &#8220;by the time of trial, almost all of them were absolutely sure they were identifying the right person.&#8221;</p>
<p>At trial, Cole faced a jury that included one member whose ex-wife had recently been a victim of sexual assault. His brother Reggie and his friends testified that on the night of the rape they were home, partying, while Cole sat at the dining room table all night studying. Reggie also testified that his brother never smoked due to his asthma. But the prosecutor, Jim Bob Darnell, portrayed them as liars who would say anything to save Cole.</p>
<p>No evidence tied Cole to the rape. His attorney, Mike Brown, brought up Jerry Johnson several times and even <a href="https://www.documentcloud.org/documents/270602-trial-transcript-mike-brown-submits-pic-of-jwj.html#document/p1/a40467" target="_blank">submitted a picture of him</a> as evidence. Johnson had been charged with two rapes by then, and Brown recognized similarities with those assaults. It didn&#8217;t matter. &#8220;What the jurors saw, and heard, was a courageous young woman unshakeable in her belief of who had raped her,&#8221; District Court Judge Charlie Baird would <a href="https://www.documentcloud.org/documents/271099-opinionorderofcourt.html#document/p13/a40468" target="_blank"> write many years later</a> in exonerating Cole. &#8220;What they did not know was how that belief had been shaped and formed by the police.&#8221;</p>
<p>Ruby Session chokes with sorrow as she recalls the moments after her son was sentenced, when he fell to the courtroom floor and cried. She got off her chair and down on the floor with him. She hugged him and rocked him. &#8220;My son, a 26-year-old man, lying in his mother&#8217;s arms. And that&#8217;s all I could do. And that&#8217;s the last time my baby was in my arms like that.&#8221;</p>
<p><strong>Johnson&#8217;s plan from the start,</strong> he says, was to contact Cole directly. &#8220;I believed at some point I would connect with him,&#8221; he says, &#8220;and he would probably send a lawyer to talk with me and try to get himself out.&#8221; He began by writing letters to everyone he knew in prison, asking if they&#8217;d run into a guy named Tim Cole. It was a fool&#8217;s errand—Cole could have been among any one of more than 100 prison units. But Johnson says he couldn&#8217;t think of another way to find him.</p>
<p>Johnson did not approach the authorities until years after the statute of limitations for the Murray rape had run out. Then, in 1995, he petitioned the court to appoint an attorney for him so he could confess. He copied the petition both to Brown and the district attorney. He got no response.</p>
<p>For five years Johnson worked on his own appeals and helped other prisoners with their legal paperwork. &#8220;Never during this time period did I not think about Tim and the petition or a way to contact him,&#8221; he says. But he took no further action.</p>
<p>Then, in 2000, Johnson sent the court a letter: &#8220;Judge I believe I have properly raised an important issue the court should have long ago addressed. Certainly the convicted man would want to see his name finally cleared.&#8221; In January 2001, he got a two-line order in the mail, with no explanation. It simply said, &#8220;Denied.&#8221;</p>
<p>Most appeals in Texas criminal cases end up at the Court of Criminal Appeals, which consists primarily of former prosecutors elected to the bench. The court rarely reverses a case, even in the face of glaring errors or unfairness—in one case, it upheld the conviction of a man cleared by DNA evidence—and its conduct has prompted the US Supreme Court to rebuke it several times.</p>
<p>The <a href="http://www.tdcj.state.tx.us/bpp/brd_members/brd_members.html" target="_blank">Texas Board of Pardons and Paroles </a>is similarly stacked with former law enforcement officials and prosecutors. They rarely meet in person, typically passing a file from one office to the next for an up-or-down vote. The inmate has no right to demand a hearing from the board or receive an explanation. &#8220;Either they hire a lawyer or they pray to God,&#8221; says William T. Habern, former executive director of the Texas Criminal Defense Lawyers Project. &#8220;They can write something in if they want to, but who do you think the board is going to believe? Some inmate?&#8221; When Cole was up for parole in 1996, Texas considered 1,024 cases classified as SB-45, or &#8220;Extraordinary Vote,&#8221; which include certain types of sexual abuse and violent crimes, and require a vote by the full board. Among those 1,024 cases, not a single prisoner was granted parole and released.</p>
<p>Until the advent of DNA technology, wrongful convictions were thought to be extremely rare. But as the number of DNA exonerations rises—<a href="http://www.innocenceproject.org/Content/Facts_on_PostConviction_DNA_Exonerations.php" target="_blank">at least 281</a> as of this writing—we confront the uncomfortable truth that the number of innocent people behind bars is far higher than we realize. The vast majority of DNA exonerations are in rape cases. In many felony cases—robberies, shootings, murders, drug-related crimes—there is no DNA to test. Even in rape cases, forensic evidence often is lost or destroyed.</p>
<p>DNA testing provides false assurance, then, that there is recourse for people failed by the justice system. What it really does is underscore what a true solution would require: a system equipped to deal with the significant number of people locked up for crimes they did not commit. Experts say that number is nearly impossible to nail down. But a conservative estimate, extrapolating from research on eyewitness identification and DNA exonerations, ranges from at least a few thousand to more than <a href="http://motherjones.com/politics/2011/12/innocent-people-US-prisons" target="_blank">20,000 people wrongly imprisoned nationwide.</a></p>
<p>A string of devastating stories has put Texas justice, in particular, under a cloud. In addition to Cole&#8217;s postmortem exoneration and the execution of Cameron Todd Willingham, <a href="http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann" target="_blank">chronicled in <em>The</em> <em>New Yorker</em></a> in 2009, there is also the case of Anthony Graves, who served 18 years for a gruesome murder while the true killer confessed again and again. Graves was finally freed in 2010 following a <a href="http://www.texasmonthly.com/2010-10-01/feature2.php" target="_blank"><em>Texas Monthly</em> exposé</a>.</p>
<p>Cole, Willingham, and Graves were all convicted under prior Texas governors. But Perry has done little to improve the state&#8217;s criminal-justice system, which has almost a million people in its grip. In 2001, he vetoed a bill banning the execution of the mentally disabled. In 2003, he cut the prison system&#8217;s budget by $230 million, slashing education programs, drug treatment, and food; when an independent auditor warned that was untenable, Perry cut the auditor&#8217;s office too. In 2007, his administration backed a bill making some child sex offenders eligible for the death penalty. While Perry has signed legislative reforms covering eyewitness identification and access to DNA testing, the system still offers scant options for the many people imprisoned for crimes they did not commit.</p>
<p><strong>During his years behind bars,</strong> Cole tried to keep himself busy. He took business classes, corresponded with family, and subscribed to magazines like <em>Nature</em>, <em>Jet</em>, and <em>Money</em>. &#8220;I want to become vindicated as well as totally exonerated in order to receive a Pardon from the Governor of the State of Texas in order to place it on my wall in my future office or the den of my home,&#8221; he wrote in one letter. As he told his mother to stay strong and his brothers to study hard and go to college, he repeated this phrase like a mantra: &#8220;vindicated and totally exonerated.&#8221;</p>
<p>In 1991, Cole won an appeal on procedural grounds, but the Court of Criminal Appeals still ruled his conviction would stand. In 1992, his case was considered by the pardon and parole board. He was asked if he was sorry for what he did. He said he didn&#8217;t do anything. He was denied parole. He kept up on emerging DNA technology, and in 1995 he wrote a letter to the newly founded Innocence Project in New York City, but the organization did not take his case. In 1996, he was denied parole again.</p>
<p>Cole was running out of options. The dust, heat, and poor ventilation had brought back his asthma, and he was shuttled between hospital wards and prison cells—twice he was found unconscious and rushed to the emergency room.</p>
<p>In Cole&#8217;s letters, upbeat sentiments like &#8220;I will continue to patiently wait for this unfortunate matter to resolve itself&#8221; began to give way to &#8220;How far does this miscarriage of justice have to go before I can prove my innocence?&#8221; And finally, &#8220;I don&#8217;t have any more dreams.&#8221;</p>
<p>On December 2, 1999, Tim Cole was on his way to the infirmary with chest pain when he collapsed on the floor and never woke up again. He was 39.</p>
<p><strong>There is no formal legal means in Texas</strong> to confess to a crime for which someone else has been convicted. &#8220;I guess you can contact whatever law enforcement agency handled the case,&#8221; says Lubbock District Attorney Matt Powell. That, of course, is precisely what Johnson did when he copied his petition to the district attorney in 1995.</p>
<p>&#8220;Here you&#8217;ve got a guilty guy saying, &#8216;I did this crime,&#8217;&#8221; says Jeff Blackburn, chief counsel for the Innocence Project of Texas. &#8220;All the ears went deaf and all the eyes went blind.&#8221;</p>
<p>The Innocence Project of Texas itself receives thousands of letters each year from inmates claiming to be innocent, and Blackburn says that has fine-tuned his BS detector. Even guilty prisoners have nothing to lose by trying; indeed, Johnson wrote to the Innocence Project about Cole in 2005, but his confession was buried in a diatribe about other issues and got no traction. Johnson also fired off letters to newspaper reporters, law professors, and even a private investigation firm. Some were angry rants about Lubbock law enforcement; some asked for help with his own innocence claim; some expressed a wish to confess. Many of the letters contained all these things, perhaps making them difficult to take seriously.</p>
<p>But then, in 2006, Cole&#8217;s former attorney, Mike Brown, received one of Johnson&#8217;s letters. (Brown says he doesn&#8217;t recall ever receiving a copy of Johnson&#8217;s 1995 petition.) He forwarded it to Powell, who sent an investigator to look into it, not expecting much.</p>
<p>By April 2007, Johnson still had gotten nowhere. But then, while looking through some old papers, an idea struck him. He had his stepmother look up Cole&#8217;s jail book-in card, which contained Cole&#8217;s home address. Soon afterward, Ruby Session held Johnson&#8217;s letter to her son in her hands.</p>
<p>After recovering from the shock, Session sent a copy of Johnson&#8217;s letter to the <em>Lubbock Avalanche-Journal</em>, which during her son&#8217;s trial had run his name under headlines referring to the &#8220;Tech rapist.&#8221; Now, <a href="http://lubbockonline.com/stories/052407/loc_052407028.shtml" target="_blank">the paper noted</a>: &#8220;The family of Timothy Brian Cole, who was 26 when he was convicted of rape in 1986 and died in prison while serving a 25-year sentence, hope a letter they received last week from a man imprisoned for two brutal rapes around the same time will finally clear the former Tech student&#8217;s name.&#8221;</p>
<p>Reading the paper in his cell, Johnson was stunned. He&#8217;d had no idea Cole had died. &#8220;I remember not coming off my bunk the rest of that night,&#8221; he says. &#8220;I reread and reread that article.&#8221;</p>
<p>The paper also quoted a skeptical Jeff Blackburn of the Innocence Project. &#8220;We&#8217;ve had several of these guys,&#8221; he said. &#8220;None of them have checked out.&#8221; Cole&#8217;s youngest brother, Cory, took exception to Blackburn&#8217;s comments and called to tell him. The two men soon became friends. After the Innocence Project sent a lawyer to interview Johnson, Blackburn agreed to represent the family to clear Cole&#8217;s name. With public pressure mounting, the DA&#8217;s office discovered that the original rape kit was still in storage; it conducted DNA testing with Johnson&#8217;s cooperation and soon confirmed that he was indeed the rapist.</p>
<p>The <a href="http://lubbockonline.com/stories/020609/cri_385262815.shtml" target="_blank">proceeding to posthumously exonerate</a> Cole took place in Austin in February 2009. Michele Murray (now Mallin) was there to confront Johnson for the first time since 1985. She and Session hugged and cried, and she told Johnson that she hoped he&#8217;d suffer for what he&#8217;d done to her, and to Cole. &#8220;No man—no person—deserves what that young man got,&#8221; she said.</p>
<p>Cole&#8217;s brother Sean rocked in his chair and cried as Judge Baird read his ruling: &#8220;I find to a 100 percent moral, factual, and legal certainty that Timothy Cole did not sexually assault Michele Murray Mallin.&#8221;</p>
<p>Session listened, expressionless.</p>
<p>&#8220;I find that Timothy Cole&#8217;s reputation was wrongly injured, that his reputation must be restored, and that his good name must be vindicated.&#8221;</p>
<p>Cole&#8217;s brother Reggie pumped both fists in the air.</p>
<p>&#8220;I find that Tim Cole shall be and is hereby exonerated and freed from any guilt or blame related to the sexual assault of Michele Murray Mallin.&#8221;</p>
<p>It was all over the news. Texans in their living rooms heard about it, the Board of Pardons and Paroles heard about it, legislators heard about it. The Tim Cole Act, establishing one of the nation&#8217;s most generous compensation programs for the wrongfully convicted, passed three months later.</p>
<p><strong>On a windy day in March 2010, </strong> Rick Perry, impeccably groomed in a camel-colored jacket and green tie, stood in a hotel conference room in downtown Fort Worth. Perry quoted from Proverbs and flashed a solemn grin around a room filled with family members, reporters, and exonerated convicts. &#8220;Ruby, it means the world to me to be here today to look you in the eye and tell you that your son is pardoned,&#8221; he said. He commended her for her &#8220;graceful persuasiveness&#8221; and called her a &#8220;wonderful, loving, Christian woman.&#8221; Then Perry leaned in to hug her, adding, &#8220;And I want to say: I love you.&#8221;</p>
<p>But if Perry learned anything from the exoneration of Tim Cole, it was not in evidence 18 months later, when he went on national television and declared his absolute faith in the Texas justice system. Ruby Session clearly had not shared that faith as she received Perry&#8217;s pardon, somber-faced. That night she went home and, next to her son&#8217;s junior-prom picture, carefully placed on the mantle the piece of paper he had died waiting for.<em><br />
</em></p>
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		<title>How Many Innocent People Are in Prison?</title>
		<link>http://blackapple.org/how-many-innocent-people-are-in-prison/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-many-innocent-people-are-in-prison</link>
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		<pubDate>Mon, 12 Dec 2011 16:00:11 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Multimedia]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Prisons and jails]]></category>

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		<description><![CDATA[The exact number is unknown—but is likely in the tens of thousands. A multimedia sidebar to accompany "No Country for Innocent Men."]]></description>
			<content:encoded><![CDATA[<p>Please go to the <a href="http://motherjones.com/politics/2011/12/innocent-people-us-prisons">Mother Jones website </a>to see the full multimedia treatment, including an interactive map of exonerations nationwide.</p>
<p>January/February 2012</p>
<p><a href="http://motherjones.com/politics/2011/12/innocent-people-us-prisons"><img class="alignleft size-full wp-image-521" title="MoJologo" src="http://blackapple.org/wp-content/uploads/2011/01/MoJologo.png" alt="" width="270" height="120" /></a>Before we talk about how many people may be behind bars for crimes  they did not commit, we must acknowledge that it&#8217;s nearly impossible to  know—only broad estimates are possible. There are several key reasons,  experts say, why a number is so hard to ascertain. Because the sprawling  criminal justice system is a patchwork of federal, state, county, and  municipal courts, prisons, and jails—each with its own system (or lack  thereof) of record-keeping and data-reporting—we don&#8217;t even know how  many people are convicted, let alone <em>wrongfully</em> convicted, of crimes in the United States. &#8220;We don’t even have a  denominator,&#8221; says University of Virginia law professor Brandon Garrett.  &#8220;But the wrongful convictions we do know about suggest that there&#8217;s a  big problem.&#8221;</p>
<p>Extrapolating from the 281 known DNA exonerations in the US since the late 1980s, a <a href="http://www.innocenceproject.org/Content/How_many_innocent_people_are_there_in_prison.php" target="_blank">conservative estimate</a> is that  <strong>1 percent of the US prison population, approximately 20,000 people, are falsely convicted.</strong></p>
<p>In fact, since the late 1980s there have been as many as 850  exonerations  nationwide, according to University of Michigan law  professor Samuel  Gross, a leading researcher in the field. Many of them  float under the radar, Gross says, unlike the highly  publicized DNA  exonerations.</p>
<p>These cases are the tip of an iceberg. &#8220;One difficulty in making   generalizations about false convictions is that the ones we know about,   exonerations, are clearly a small and unrepresentative sample of all   false convictions,&#8221; wrote Gross in his 2008 paper, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=996629" target="_blank">&#8220;Frequency and Predictors of False Conviction.&#8221;</a> There are several reasons why the known exoneration cases are unrepresentative:</p>
<ul>
<li>Because <strong>the average time from conviction to exoneration is about 13 years,</strong> only those sentenced to serious crimes with decades-long prison terms  are likely to even bother undertaking the long, arduous, and  resource-intensive process of clearing their names.</li>
<li>The vast majority of DNA exonerations are in a tiny sliver of  cases: aggravated rape and rape-murders that occurred in the 1980s.  That&#8217;s because it&#8217;s almost exclusively rape cases in which there is DNA  available to test—and because these types of wrongful convictions rarely  occur anymore.</li>
<li>Now, prosecutors typically test DNA <em>before</em> charging a  suspect. In one study in which the FBI did DNA testing during the course  of its investigations, 25 percent of suspects were ruled out by the DNA  testing. Before the advent of DNA testing, some of these suspects may  well have gone on to be tried, and, possibly, convicted.</li>
</ul>
<p>Moreover, a tiny amount of total criminal cases actually go to trial. <strong>Nineteen out of twenty, or 95 percent, of convictions in the US are by plea bargain</strong>—and  so we know little about them. They &#8220;generate virtually no records that  can be retrieved,&#8221; writes Gross: &#8220;no trial transcripts, no appeals,  frequently no court hearings of any sort, in many cases no description  of the investigation at all beyond a single police report, which (if it  could be found) might include little factual information of any value.&#8221;</p>
<p>The only cases for which we know the denominator, and for which we  almost always have trial transcripts, are death penalty cases. However,  the wrongful conviction rate in death penalty cases is probably higher  than that of other cases, Gross says, for two reasons: First, capital  cases are high-profile, emotional cases in which prosecutors face a lot  of pressure to secure a conviction. On the other hand, because of the  seriousness of the crime, capital defendants are afforded many more  legal protections than those facing lesser penalties—unlike other  defendants, they are provided lawyers for every step of the appeals  process, and their cases receive major scrutiny from innocence projects  and other advocates.</p>
<p>Gross&#8217; 2008 analysis found that the rate of exoneration for all  capital defendants in the recent era is 2.3 percent. If the rate of  exoneration for all non-death-row crimes (which is unknown) were the  same, <strong>then there could have been as many as 87,000 exonerations of that kind from 1989-2003.<br />
</strong></p>
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		<title>Reading, Writing, and Rehab</title>
		<link>http://blackapple.org/reading-writing-and-rehab/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=reading-writing-and-rehab</link>
		<comments>http://blackapple.org/reading-writing-and-rehab/#comments</comments>
		<pubDate>Wed, 02 Nov 2011 00:27:01 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Featured]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Long-form features]]></category>
		<category><![CDATA[Addiction]]></category>
		<category><![CDATA[Boston Magazine]]></category>
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		<category><![CDATA[Young people]]></category>

		<guid isPermaLink="false">http://blackapple.org/?p=970</guid>
		<description><![CDATA[At three publicly funded Massachusetts high schools, all the students are recovering substance abusers. The idea is to give the kids a safe and stable learning environment where they can overcome their addictions. So what’s with all the weed smoking and failed drug tests?]]></description>
			<content:encoded><![CDATA[<p>November 2011</p>
<p>Read <a href="http://blogs.bostonmagazine.com/boston_daily/2011/11/10/recovery-high-schools/">my related post </a>on the Boston Daily blog.</p>
<p><a href="http://www.bostonmagazine.com/articles/reading_writing_and_rehab/"><img class="alignleft size-full wp-image-960" title="BOSTON" src="http://blackapple.org/wp-content/uploads/2011/10/BOSTON.gif" alt="" width="270" height="120" /></a><strong>IT&#8217;S TUESDAY AFTERNOON</strong> just before fourth period, and  groups of teenagers are smoking cigarettes outside their high school.  Standing among them is Billy, who has the smooth cheeks and soft-edged  features of a typical 16-year-old. But there’s also a hardness to him.  His hazel eyes are impassive. His dark hair is buzzed close to his head,  and he has a wispy goatee and his last name tattooed in black script on  his forearm.</p>
<p>When Billy was 14, his father, Bill Sr., went to  jail on drug-related charges, and the family lost their house and split  up. Billy stayed with his mother in a homeless shelter and a series of  hotels, each of them trying to hide their drug use from the other.  Eventually they stopped pretending and started hustling together to come  up with the money for their $200-per-day heroin habit.</p>
<p>At most schools, an adolescent heroin junkie would be a pariah, and  probably even be expelled or arrested. But Billy goes to Northshore  Recovery High in Beverly, one of three state-funded schools attended  exclusively by teenage drug and alcohol addicts. And according to his  teachers and principal, he’s been thriving — it’s the first time he’s  consistently shown up for school since seventh grade. Having completed a  90-day residential treatment program for his heroin use, he’s now  living with his father, who was recently released from jail, and his  uncle. (His mother also sought treatment, but eventually relapsed and is  now locked up.) He met his girlfriend, Lexi, at the school, and the two  of them help each other stay sober. Billy and his father both agree  that if he weren’t at Northshore, he wouldn’t be in school at all.</p>
<p>It  may sound like trouble — a bunch of teen addicts spending their days  together in an alternative school — but Harvard psychologist John Kelly,  the associate director of the Center for Addiction Medicine at  Massachusetts General Hospital, says a recovery high school can “provide  a safe social context,” which helps teenagers resist temptations.</p>
<p>Perhaps  that’s so, but resisting temptation can apparently mean different  things to different people. Billy may be attending a school specially  designed to help him overcome his drug addiction, but he and Lexi openly  admit that they regularly smoke pot. In fact, Billy keeps failing the  drug tests that are required at the school. After each positive test, he  sits down with his principal and the school’s recovery counselor, and  they call in his father or uncle for a group discussion on how to help  him stay sober. The school’s approach has been to focus on the major  concern — heroin — first. Billy says the message he’s been given is  “We’re not really worried about you failing for weed. Opiates are the  problem right now.”</p>
<p>Most recovery schools across the country  require students to commit to sobriety in order to enroll. But  Northshore director Michelle Lipinski, who functions essentially as the  principal, takes a much different approach. She believes that even if  students are using, her school provides them with a safe environment to  work through the recovery process. If they’re struggling with drug use,  she reasons, better they do so at Northshore than on the streets. “These  are the kids who will eventually be the dropouts of our society, not  just our schools, if we don’t do something for them,” she says.  “Sobriety isn’t how I measure success.”<br />
<strong><br />
NORTHSHORE RECOVERY HIGH</strong> occupies the ground floor of an old public school in Beverly, and the  hallways are filled with the familiar sound of sneakers squeaking on  linoleum and lockers slamming. Students curse freely and wander in and  out of class without much reprimand. During gym, they are allowed to  “take a walk” (i.e., go outside to smoke). At one point during math  class, the teacher looks up from drawing sine waves on the board to  discover there are only four students at their desks. “Where did  everyone go?” he asks.</p>
<p>The woman overseeing this chaos, Michelle Lipinski, has wavy brown hair  and a gregarious center-of-attention personality. The familiar, intimate  way she relates to her students makes her seem, at 45 years old, more  like a mother than a principal. At any hour of the day, and even on  weekends, she can be found texting with students and their parents.</p>
<p>Before  arriving at Northshore, Lipinski worked as a science teacher at an  alternative school in Salem, eventually becoming the school’s director.  For years she watched her students leave for rehab, come back looking  healthy, and then relapse within weeks. When one of them died of a drug  overdose, she says she began “thinking about what we can do differently  as a school system to really address the problem.” It’s then that she  started to question how well abstinence actually works in a classroom  setting.</p>
<p>The country’s first recovery high school opened in  Minnesota in 1989, and the model has since spread to about 20 schools in  10 other states. In 2006, Massachusetts opened recovery schools in  Beverly, Boston, and Springfield, and one is scheduled to open in  Brockton next month. The schools in Massachusetts are small, with no  more than a few dozen students at any given time, but collectively they  have enrolled some 450 kids in their first five years. Half of them have  either graduated or are still in school.</p>
<p>Recovery highs are  structured much like traditional schools, with students attending  classes taught by certified public school teachers. The kids are  referred by parole officers, other schools, fed-up parents, the  Department of Children and Families, and rehab and detox centers.  Tuition, which averages around $10,000, is paid for by their home school  district, while the Department of Public Health provides each recovery  high with up to $500,000 a year for substance abuse counseling, drug  testing, and training. Students are required to create and follow an  individualized recovery plan, which can include anything from attending  12-step meetings to working with a therapist or joining a sober bowling  team.</p>
<p>Though most addiction research has focused on adults,  studies demonstrate that two aspects of the adolescent brain make  teenagers particularly susceptible to problem drug use. The first is  that the nucleus accumbens — the brain’s pleasure center — has not yet  fully matured in teens, meaning they often look for easy ways of finding  excitement and rewards. The second, says psychologist Robert Miranda,  an associate professor at Brown University’s Center for Alcohol and  Addiction Studies, is that the frontal cortex — the part of the brain  responsible for caution — is not yet completely developed.</p>
<p>Of  course, drug use is a major concern even among teens who don’t qualify  as addicts. The National Institute on Drug Abuse has found that nearly  half of all 12th graders nationwide have used a drug at some point, and  almost a quarter have done so in the past month. More than 5 percent of  12th graders smoke pot every day — the highest rate in three decades —  and almost 8 percent of kids ages 12 to 17 used prescription pills like  Vicodin to get high last year. Here in Massachusetts, the Department of  Public Health reports that about 1,700 kids ages 12 to 17 receive  state-funded treatment for substance abuse annually. And they typically  relapse within a year.</p>
<p>And it turns out that the younger a  person is when he begins using drugs or alcohol, the worse his long-term  prognosis. “There is a huge push to try to identify kids with drug  problems early on, and try to treat them before they get out of  adolescence,” Miranda says. That’s part of the motivation for a national  effort to integrate substance abuse support services into schools. “The  White House and the Office of National Drug Control Policy are right  behind this issue,” says Kelly, the associate director of MGH’s  addiction center.</p>
<p>Getting kids sober, in other words, is a major priority. But keeping  them that way can be a tricky task. A lifetime of unbroken sobriety is a  lot to hope for no matter when you begin the recovery process —  scientists believe that falling off the wagon is actually part of  recovering — but it’s a particularly long trajectory when you’re  starting as a teen. And Kelly points out that while adults tend to  relapse in isolation, “adolescents nearly always relapse in social  environments. If you can create a social environment where recovery and  non-use is the norm, they can do much better.”</p>
<p>But does recovery <em>have</em> to mean non-use? To most experts it does, but a vocal and passionate  minority — groups like the Harm Reduction Coalition and the Drug Policy  Alliance — argues that, in the long run, insisting on total abstinence  is unrealistic at best, harmful at worst. Lipinski comes down on that  side of the debate, which makes Northshore Recovery High an outlier  within the larger recovery movement: There are no 12 steps, no strict  path that students must follow. The notion of safe and sober is not  black and white, Lipinski argues. Her students don’t “live in a world  that’s safe. They’re in and out of homeless shelters. We would never be  able to keep them here if we had that zero-tolerance policy.” Lipinski’s  approach is aligned with what’s broadly known as “harm reduction,”  which holds that, for better or worse, some people will use drugs no  matter what. Needle-exchange programs and “wet houses,” where alcoholics  can continue to drink, were born of this philosophy. The idea is that  if someone can’t stop or won’t stop using, we should at least make his  drug use safer and less harmful, both to him and those around him.</p>
<p>Lipinski’s  unwillingness to demand that her students remain drug-free pits her  against her colleagues. In fact, Lipinski recently resigned from the  board of the Association of Recovery Schools, which sets standards and  guidelines for recovery schools nationwide, because of what she believes  to be its overly rigid approach to adolescent addiction. Traci  Bowermaster, the board’s former chair, insists that allowing a young  person to use drugs in a recovery environment is detrimental to him and  the other addicts in the school. “In order for kids to really be able to  embrace a new identity as a person in recovery, they have to remove  ties from those who might still be using,” Bowermaster says.</p>
<p>Indeed,  most recovery high schools ask students to commit to some version of a  12-step program prior to enrolling. At Boston’s William J. Ostiguy High  School, for example, the expectation is abstinence. The school’s  philosophy is that a student who is actively using doesn’t belong there.  He belongs in treatment. Like Alcoholics Anonymous and Narcotics  Anonymous, the school believes that no drug use is safe, and that total  sobriety should be every drug user’s ultimate goal. “This is not a small  thing for me,” says Ostiguy principal Roger Oser. “To put us under the  same umbrella? I don’t think Ostiguy High and Northshore are recovery  highs in the same sense.”</p>
<p><strong>IT&#8217;S MONDAY MORNING,</strong> just a week into the school year, and all 52 students at Northshore  shuffle into the school’s cafeteria and plop down on drab tan couches,  arranged in a circle, for their daily check-in. Billy and his friend  Alex, both wearing baggy jeans and oversize hoodies, sit together on a  couch. Alex, a sweet-faced kid with blond hair and blue eyes, is  recovering from an addiction to sedatives. “Alex,” Michelle Lipinski  begins, “can you share where you were yesterday and where you are  today?”</p>
<p>“Sure,” says Alex, 16. “Last couple weeks, I had the  mindset that I was going to just smoke weed, and just control it. Then I  talked to my mom, and she started crying. I just couldn’t fucking  handle it. So I was like, Fuck it. I’ll just be sober, for now at  least.”</p>
<p>“Do you feel like you just stopped a tidal wave from hitting you?” Lipinski asks.</p>
<p>“Yeah,” Alex nods. “But I just want to smoke weed and be a normal teenager, you know?”</p>
<p>Smoking pot is so common at Northshore that Lipinski says “students  really do perceive of marijuana as legal.” And like its students, the  school treats the drug as different from others, essentially handling it  the way the state does — as a misdemeanor. But its ubiquity seems to  confuse students about just what being clean means. One young woman who  smokes marijuana every day tells the group that she likes to think she’s  in control of her daily pot use, but knows that she’s not.</p>
<p>As  the meeting continues, a guy tells everyone that his plan to have one or  two beers the night he got out of rehab ended with him drinking so much  that he burned a hole in his pants with a cigarette. “There’s no way I  can have [only] a couple,” he says.</p>
<p>“You’re not alone,” says another classmate. “Everybody wants to be a normal teenager. You know what I mean?”</p>
<p>Lipinski nods from the corner, beaming with pride. “That’s fellowship,” she says. “And that’s where the strength comes.”</p>
<p>At  William J. Ostiguy High School in Boston, however, the strength comes  from fellowship of a different kind. During the second week of school,  principal Roger Oser waits outside as students arrive for the day. The  school is housed on the third and fourth floors of the Action for Boston  Community Development building in Downtown Crossing, and on the  sidewalk outside it’s not unusual to see business people in suits  walking past actors in Colonial-era dress taking breaks from  reenactments on the Common.</p>
<p>Oser stands with his hands in his pockets and greets each student by name.</p>
<p>“Hey,” one kid says to his friend as he arrives, stopping to smoke a cigarette. “You got a lighter?”</p>
<p>“We don’t say, ‘Good morning’ at Ostiguy,” Oser says. “We say, ‘Got a lighter?’”</p>
<p>The student smiles as his friend tosses him a lighter. “Good morning,” he says.</p>
<p>Oser,  42, is short, with a boyish face, an easy smile, and a wide girth. He’s  wearing a shirt and tie, and his cropped gray hair is about the only  part of him that recalls the years he spent in the Navy. Before Ostiguy,  he worked as a teacher with the Department of Youth Services and then  as an administrator in other settings for at-risk youth. He’s playful —  the students affectionately call him “Rog” — but also stern. His  staffers stress civility, respect, and order: no cursing in school, no  revealing clothing, no hats, no phones, no headphones. Those with  negative attitudes are evaluated daily to determine whether they’re  exhibiting the school’s “five P’s”: prepared, positive, productive,  polite, and personally responsible. If their attitudes don’t improve,  they can be suspended. “I hate the concept that a kid’s going to come to  Ostiguy and we’re going to ‘save’ that kid,” says Oser. “It’s not a  treatment program. It’s not a daycare program. We’re a school. They’re  here to learn.”</p>
<p>Suspension is not punitive, Oser insists. At Ostiguy, “When a kid  relapses, that’s a time to engage them more.” When a relapse at Ostiguy  does occur, the student works with his or her parents, and with Oser and  the school’s drug counselor, to revise the recovery plan — attending  more meetings, for example, or getting a sponsor — and is allowed to  come back to school only after completing the steps.</p>
<p>Last year,  Oser recalls, one student started missing a lot of school, and when he  did show up, he looked disheveled and refused to go to meetings or  therapy. Teachers suspected he’d relapsed, but because he was passing  his drug tests, they didn’t suspend him. By the time they realized he  was using K2 — an herbal compound sold as incense that can cause  seizures and paranoia — he had already turned several other students on  to the drug. (Because K2 was legal until earlier this year, schools only  recently started testing for it.) “The kid was not ready last year. He  was a mess,” says Oser. “Keeping him in here as long as we did was a  mistake.” Eventually they removed him from school and sent him to rehab.  These days, Oser says, that student is an intern at Ostiguy and “a  leader of the recovery community.” The school has since revised its  relapse policy, which now states that mere behavior indicating a setback  can be grounds for suspension. “I’ve never regretted suspending a  student,” says Oser. “I <em>have</em> regretted allowing students to stay in the population, hoping things would get better. I can almost say it never works.”</p>
<p><strong>PRELIMINARY DATA FROM THE TWO</strong> schools highlight the stark differences in their philosophies and  goals. According to the Massachusetts Department of Public Health, 97  percent of the 153 students referred to Northshore in its first five  years actually enrolled and stayed — and nearly every one of them was  actively using drugs at the time of enrollment. That’s no surprise given  that the school will take all comers, regardless of whether they’re  sober.</p>
<p>By contrast, the tougher standards at Ostiguy meant that  while 84 percent of the 142 students referred to that school wound up  enrolling and staying, just 22 percent of them were actively using at  the time. What’s really striking, though, is that while fully 90 percent  of Northshore students reported that they continued substance use, at  least occasionally, after leaving the school, just 12 percent of Ostiguy  students reported the same. Even so, according to the DPH, students at  both schools who were still using when they left were doing so less  often than when they initially enrolled.</p>
<p>It’s easy to think that  Northshore is simply too chaotic and too permissive to be doing its  students much good. Especially when you factor in the conclusions of  Harvard’s John Kelly, who says that adolescent addiction programs  “generally have the best results” when they “reward moves in the right  direction” — that direction being reduced use and abstinence — and have  clearly defined sanctions in place. The truth is, there are times when  you wonder whether Northshore has the kind of sanctions Kelly is talking  about. Do the students there have the sense that there’s something — <em>anything</em> —  at stake? The bar at Northshore can seem extraordinarily low. As  long as you want to get better, and as long as you’re not in imminent  danger of killing yourself or others, the message seems to be:<em> At least you showed up. We’re glad you’re here. Let’s talk about it.</em> Don’t kids need to be pushed harder than that to do the miserable, difficult work that recovery requires?</p>
<p>But  there’s something else that’s true: Northshore offers at least some  kind of structure and support to the teens who need it most. And if the  choice is between a low bar and an unsupervised 14-year-old boy hiding  in the woods outside an ATM so he can rob people — as Billy once did to  pay for heroin — well, the low bar may win.</p>
<p><strong>LATER IN THE DAY</strong> at Northshore, Alex and Billy go outside to smoke a cigarette and  continue their conversation about marijuana. People can say what they  want about weed, Billy announces, “But for me, that’s not a serious drug  addiction.”</p>
<p>Alex nods. “I don’t think it’s that bad,” he says. “If you’re coming up positive for opiates, you’re going to have a problem.”</p>
<p>But  Billy knows that eventually Lipinski will push him to cut down or stop  with the pot completely. “When it does come time,” he tells Alex as  their teachers start calling them in for fourth period, “I don’t know  how I’m going to stop smoking weed. I have smoked weed every single day  of my life since I was 11. And when I don’t smoke, I’m a dickhead. I’m  such an asshole.”</p>
<p>Alex says that’s how he is about quitting  cigarettes. “Butts?” Billy says, blowing out smoke. “I don’t plan on  quitting them anytime soon. You don’t have to worry about that.”</p>
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		<title>&#8216;Our Bodies&#8217; Gets an Israeli Makeover</title>
		<link>http://blackapple.org/our-bodies-gets-an-israeli-makeover/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=our-bodies-gets-an-israeli-makeover</link>
		<comments>http://blackapple.org/our-bodies-gets-an-israeli-makeover/#comments</comments>
		<pubDate>Tue, 18 Oct 2011 20:04:17 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Features]]></category>
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		<description><![CDATA[The groundbreaking women’s book ‘Our Bodies, Ourselves’ has been adapted for Israel. Now we know how to say ‘menopause,’ in both Hebrew and Arabic.]]></description>
			<content:encoded><![CDATA[<p>October 18, 2011</p>
<p><a href="http://www.forward.com/articles/144461/"><img class="alignleft size-full wp-image-519" title="forward-logo" src="http://blackapple.org/wp-content/uploads/2011/01/forward-logo.gif" alt="" width="270" height="120" /></a></p>
<p>If you’re a “woman of a certain age” in Israel, you don’t have a  straightforward term like “menopause” to refer to that stage of life. In  Hebrew you’re stuck with <em>gil ha’blut</em>, which translates roughly to “the age of worn out.” In Arabic it’s <em>sinn al-ya’s</em> — “the age of despair.” So when Dana Weinberg and Raghda Elnabilsy set  out to adapt the seminal text “Our Bodies, Ourselves” for Hebrew- and  Arabic-speaking populations in Israel, they had to reinvent some of the  very words that defined the original version.</p>
<p>A groundbreaking paradigm shifter that taught women to  value themselves and helped usher in women’s rights, the original  pamphlet — written by 12 feminists in Boston — included sections on  masturbation, virginity, orgasms and abortion. Detailed photos  demonstrating such forbidden topics as proper use of contraceptives led  groups across the country to attempt to have the book banned from local  libraries. Yet its influence was enormous: Since “Our Bodies, Ourselves”  was first published in 1970 as a 193-page newsprint booklet, it has  sold more than 4 million copies, been through nine revisions and  numerous translations, spearheaded by grassroots women’s groups in more  than 25 countries. Each new American edition reflects changing attitudes  toward women’s health and sexuality.</p>
<p>The Hebrew and Arabic versions, released in September,  boast timely topics that are of interest to their respective  demographics. For example, because treatments for infertility are so  expensive in the United States, the chapter on assisted reproductive  technologies in the American edition is relatively short; in Israel, in  vitro fertilization and other infertility interventions are government  subsidized and in widespread use, so the corresponding chapter in the  Hebrew edition is 80 pages, more than five times as long.</p>
<p>“It’s not just the language, but women’s culture,  resources — everything is different,” explained Weinberg, author of the  Hebrew edition, at a recent health symposium hosted by Boston  University, celebrating the 40th anniversary of “Our Bodies” and the  release of the latest American version. This is true even among  different groups of women within Israel. Elnabilsy, who is  editor-in-chief of the Arabic edition and is also a social worker and  sex educator, said that Palestinian women “are a national minority, and  also a gender minority.” So the Arabic edition addresses the prejudices  that Palestinian women face — both in the wider society and from men  within their own community.</p>
<p>The idea for the Hebrew-Arabic versions was born a  decade ago when Weinberg, now 40, received a copy of an American version  of “Our Bodies” from a friend. Having recently given birth, she felt  frustrated and depressed by how medicalized the experience had been. “I  didn’t know that labor could be an empowering, amazing experience,”  Weinberg said. Inspired, she chose home births for her next two  children, and began researching ways to bring the book that changed her  life to other women in Israel.</p>
<p>In 2005, Weinberg founded the Israeli nongovernmental  organization Women and Their Bodies in order to create the Hebrew and  Arabic editions. “We cannot talk about women’s health in Israel without  addressing Palestinian women’s health issues,” Weinberg said. She  recruited Elnabilsy, a former student whom Weinberg knew from her  previous job as director of the Women’s International Zionist  Organization’s School for Political Leadership for Women, to spearhead  the Arabic adaptation.</p>
<p>The first meeting was held at Neve Shalom/Wahat  al-Salam, a village halfway between Jerusalem and Tel Aviv that was  jointly established by Jewish and Palestinian-Arab citizens of Israel.  It was a symbolic choice in a country where geography is a matter of  life and death, made by activists acutely aware of the imbalance in  resources available to women from their respective communities.</p>
<p>For example: Elnabilsy points out that she interviewed  women who had given birth in hospitals where they didn’t understand a  word the doctors were saying. “They spoke with them in Hebrew, and gave  them papers in Hebrew, and they asked them to sign papers in Hebrew,”  she said. “And sometimes they signed and the doctor did whatever he  wanted” because the women were too intimidated to ask for a translator.  The Arabic version includes information on how to navigate the health  care system in a country in which Palestinian women are a minority.</p>
<p>Although the women pool their resources as a single  organization, Weinberg said they have agreed “to work together, and  apart.” With 350 volunteers, the Hebrew team had so much material that  the finished book, at 26 chapters, can’t contain it all. An additional  10 chapters will be published as booklets in the coming years.</p>
<p>Weinberg said, however, that “in Arabic, you cannot  have so many volunteers, because women don’t have the resources to  volunteer.” What’s more, because the process she and Elnabilsy employed  has been to adapt the English version into Hebrew and then the Hebrew  version into Arabic, help is needed from people facile in all three  languages. With 30 volunteers working on the Arabic translation, that  edition has only 10 chapters. Still, this marks the first time that a  women’s health resource written by women for women has been published in  either language.</p>
<p>The feat is substantial, according to Lucy Candib, a  physician who wrote an introductory essay, “Women, Medicine and  Capitalism,” in the original pamphlet. “The close and careful creation  of text together will require a constant consciousness about power and  vulnerability familiar to women everywhere, but even more ever-present  in the world where this work will be created,” she said.</p>
<p>Women and Their Bodies received a grant from the Rosa  Luxemburg Foundation to distribute the first 1,000 copies of the  Arabic-language books for free. (The Hebrew edition costs $50.) With the  goal of making the books as accessible as possible, the organization is  seeking grants and donations.</p>
<p>In addition to producing the books, Women and Their Bodies runs an <a href="http://www.forward.com/articles/144461/www.wtb.org.il">online information center</a> (which has been hacked multiple times since the book was published) and  an ongoing series of health workshops designed for women of various  ethnic groups throughout Israel. One, designed to address the  frustrating lack of a nonderogatory or childish Hebrew word for  “vagina,” was called, “What Is Between Your Legs?” Weinberg’s favorite  word to come out of this workshop is <em>n’ga</em>, derived from <em>oneg</em>, the Hebrew word for “pleasure.”</p>
<p>The women also coined new words for “menopause” in both languages. In Arabic, they chose <em>sinn al-amman</em>,  the “age of confidence.” This connotes “having a center, knowing who  you are, and where you want to go,” Weinberg said. In Hebrew, the team  chose <em>emtza chayim</em>, the  “middle of life.” Or, Weinberg said, the age when “you have everything ahead of you.”</p>
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		<title>Oy, Pioneers!</title>
		<link>http://blackapple.org/oy-pioneers/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=oy-pioneers</link>
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		<pubDate>Tue, 04 Oct 2011 18:14:34 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Features]]></category>
		<category><![CDATA[Books]]></category>
		<category><![CDATA[Brown Alumni Magazine]]></category>
		<category><![CDATA[Judaism]]></category>
		<category><![CDATA[Music]]></category>
		<category><![CDATA[New York City]]></category>

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		<description><![CDATA[A literary/musical collaboration about a Jewish girl who arrives in North Dakota as a mail-order bride. ]]></description>
			<content:encoded><![CDATA[<p>September/October 2011</p>
<p><a href="http://www.brownalumnimagazine.com/content/view/2979/28/"><img class="alignleft size-full wp-image-517" title="BAM" src="http://blackapple.org/wp-content/uploads/2011/01/BAM.gif" alt="" width="270" height="120" /></a>Long before hipster bars and boutique hotels lured tourists to New York  City&#8217;s Lower East Side, the promise of a better life drew generations of  Jewish immigrants to the neighborhood&#8217;s crowded cold-water walk-ups. As  a vestige of that time, the Tenement Museum is an apt venue for  singer-songwriter Clare Burson &#8217;97 and writer Anna Solomon &#8217;98, whose  creative collaboration made its debut at the museum on September 7  before traveling to other cities. Solomon read from her novel <em>The Little Bride</em>, about a Jewish mail-order bride, and Burson performed what she calls her &#8220;little suite&#8221; of songs inspired by the novel.</p>
<p>In rich, deep prose, <em>The Little Bride </em>tells the story of  sixteen-year-old Minna Losk, who flees poverty and pogroms in 1880s  Odessa and travels to the United States, only to discover that her  intended, Max, is a devout Orthodox man more than twice her age, whose  first wife left him. He lives with his two teenage sons in a one-room  sod hut in North Dakota. The Great Plains is a bleak place in which to  eke out an existence, and Max&#8217;s stubborn adherence to the laws of  Judaism makes it even harder. When Minna finds herself attracted to her  stepson, Sam, she must navigate her new life and her new identity in an  increasingly fraught situation. The most stunning aspect of <em>The Little Bride</em> is the way in which its characters are never so likeable as to be  perfect and never so unlikeable as to be villains. Max and Minna develop  a real affection for one another, even as Minna feels increasingly  trapped and frustrated by their life together. The story is brutal but  also infused with hope. Minna&#8217;s ingenuity saves her in the end, but her  survival does not come without great personal cost.</p>
<p>Solomon, who grew up in one of a handful of Jewish families in the port  town of Gloucester, Massachusetts, says she&#8217;s &#8220;always been drawn to  stories about people living in places where they don&#8217;t seem to belong.&#8221;  Her short stories, which have won a Pushcart Prize and a Missouri Review  Editor&#8217;s Prize, are set in such far-flung and rural places as Alaska  and North Dakota. So, when she stumbled across a website called &#8220;Stories  Untold: Jewish Pioneer Women,&#8221; she discovered a forgotten time when  Jewish women drove wagons and roped cattle.</p>
<p>Solomon met Clare Burson several years ago through their husbands, who  are longtime friends. &#8220;We totally hit it off,&#8221; Burson recalls. &#8220;We  talked about how cool it would be to collaborate, but we didn&#8217;t have  something obvious to build that collaboration on.&#8221; When the completion  of <em>The Little Bride</em> coincided with the release of Burson&#8217;s acclaimed 2010 album <em>Silver and Ash</em>—which  in ten interrelated songs tells the story of her grandmother&#8217;s German  childhood and 1938 immigration to the United States—the timing seemed  right.</p>
<p>Burson studied modern European history at Brown, focusing on Judaic  studies. She took two extended trips to Germany—one during a year off  from her studies and the other on a Fulbright after graduation, during  which she studied German identity politics in the wake of the Holocaust.  She learned to play classical violin and then fiddle, beginning at an  early age, but picked up a guitar only when one of her roommates in  Germany gave her a hand-me-down and taught her a few chords. About  halfway through her Fulbright, Burson decided to forego graduate school  and joined a rock band.</p>
<p>She won a dedicated following of indie-folk fans after the 2003 release of <em>In-Between</em>, which was followed by <em>Thieves</em> in 2007. But it was <em>Silver and Ash</em>,  she says, that &#8220;allowed me to bring in the things I studied and was  really passionate about in college, and bring that together with my  music in a really meaningful way.&#8221;</p>
<p>Upon hearing <em>Silver and Ash</em>, Solomon wondered, &#8220;Wouldn&#8217;t it be cool if Clare were interested in writing a song or two&#8221; about <em>The Little Bride</em>?  Her publisher sent Burson a copy of the galleys, and &#8220;it just took off  for her,&#8221; Solomon says, &#8220;because so much of it resonated. We write so  much about immigrants, and about women, and about memory and loss—it  just felt really natural.&#8221;</p>
<p>Listening to the songs Burson wrote, Solomon says, is &#8220;like hearing my  book come to life. And actually I&#8217;ve been amazed at how certain parts of  the book have become much more powerful to <em>me</em> when I hear a song about them.&#8221;</p>
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		<title>The Doctor of Prejudice</title>
		<link>http://blackapple.org/the-doctor-of-prejudice/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-doctor-of-prejudice</link>
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		<pubDate>Tue, 04 Oct 2011 17:00:14 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Features]]></category>
		<category><![CDATA[Profiles]]></category>
		<category><![CDATA[Brown Alumni Magazine]]></category>
		<category><![CDATA[Health Care]]></category>
		<category><![CDATA[Race and racism]]></category>

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		<description><![CDATA[After a long career as a groundbreaking physician and an activist quietly battling discrimination, Gus White ’57 argues that unconscious bias is keeping many of us sick.]]></description>
			<content:encoded><![CDATA[<p><strong><a href="http://www.brownalumnimagazine.com/content/view/2981/32/"><img class="alignleft size-full wp-image-517" title="BAM" src="http://blackapple.org/wp-content/uploads/2011/01/BAM.gif" alt="" width="270" height="120" /></a>When</strong> Augustus A. White III arrived at Brown in 1953, he joined a student  body as whitewashed and waspy as a beach house in Kennebunkport, Maine.  Hillel House wouldn&#8217;t open for another decade. The first woman, the  first African American, and the first Jew on the Corporation&#8217;s Board of Fellows would have to wait until 1969. White was one of only five African Americans in his class.</p>
<p>White was not the sort of young man to complain, though. &#8220;We, Brown&#8217;s  African American students, didn&#8217;t feel affronted by this plain  discrimination,&#8221; he says. &#8220;Quite the opposite. We felt happy to be at a  place so liberal that it accepted Negroes at all.&#8221;</p>
<p>Almost sixty years later, the University has an Office for Institutional  Diversity. The students and, to a lesser extent, the faculty members  walking across the College Green on any given day hail from all over the  world and have parents and ancestors from every imaginable race,  background, and religion. Students arrived on College Hill this fall  from more than 100 countries. Thirty percent of undergraduates are  nonwhites.</p>
<p>And we have Gus White to thank for that.</p>
<p>The influence White&#8217;57 has had on Brown&#8217;s racial and ethnic diversity  reflects the steady, deliberate effort of an unlikely pioneer. A  groundbreaking orthopedic surgeon, he was the first African American  medical student at Stanford, the first black surgical resident at Yale,  the first black professor of medicine at Yale, and the first black  department chief at a Harvard teaching hospital. One of the nation&#8217;s  preeminent experts on the biomechanics of the spine, White has  coauthored textbooks that remain seminal references for surgeons and  clinicians. When his book for a popular audience, <em>Your Aching Back: A Doctor&#8217;s Guide to Relief, </em>appeared in 1990, the <em>New England Journal of Medicine</em> decreed that it &#8220;should be read by every person afflicted with low back pain, and perhaps everybody.&#8221;</p>
<p>Despite these accomplishments, it would be difficult to find a more  modest man than Gus White. His perpetual optimism and quiet good cheer  have been key to his acceptance in places normally inhospitable to  African Americans. Yet he has never for a second forgotten how lucky he  has been to be in such places, or how essential it is that he use his  position to make more space at the table for all victims of prejudice.</p>
<p>For Gen Xers and Gen Yers who were raised on Martin Luther King Day  assemblies and class projects about Harriet Tubman and the Underground  Railroad, diversity is sort of like puppies and rainbows. We take for  granted that it&#8217;s desirable, good, even quaint—with all the jadedness  that last word implies. But Gus White wants you to know that despite the  huge strides we&#8217;ve made—including the first black president, both at  Brown and in the White House—we still have a long way to go. In fact,  White argues in his latest book that our ongoing lack of both diversity  and good cross-cultural communication is making us sick. Literally.</p>
<p>Since his retirement from the operating room in 2001, White has taken on  a medical issue that he says is far more difficult to solve than even  the most complicated spinal problem. A combination memoir and manifesto,  White&#8217;s new book, <em>Seeing Patients: Unconscious Bias in Health Care</em>, lays bare the troubling and insidious ways that prejudice gets in the way of good medicine.</p>
<p>If you want good medical care in the United States, White asserts in <em>Seeing Patients</em>,  your best bet is to be a young, fit, straight, white, and middle-class  male. He means this as a wry joke—and, when he repeated it at a lecture  this summer at Boston&#8217;s Brigham and Women&#8217;s Hospital, the audience  chuckled on cue—but it&#8217;s also true. The time it takes for EMTs to  transport women to a hospital after a heart attack, he told the  audience, is longer than it is for men. Hispanics receive fewer bypass  surgeries for heart disease than other patients and fewer basic  health-care measures such as flu vaccines. Similarly, African Americans  receive fewer kidney and liver transplants than other patients, and more  castrations when they have prostate cancer. African American diabetics  undergo more amputations than other groups, White says, and Native  American, immigrant, obese, and homosexual patients all receive inferior  care simply because of who they are. And this remains true even after  researchers control for such complicating factors as education, economic  class, and insurance status.</p>
<p>What&#8217;s going on here? How is it possible that a country with one of the  most advanced health-care systems in the world is failing such a large  proportion of its patients?</p>
<p>The answer, Gus White says, lies in our nation&#8217;s history, and also within ourselves.</p>
<p><strong>Gus</strong> White&#8217;s great-grandparents were born into slavery. In the segregated  Memphis, Tennessee, where he grew up, the legacy of that recent past was  everywhere. The city had its black middle class, White recalls in <em>Seeing Patients</em>,  but &#8220;the white world did not mix with the black and the black did not  mix with the white.&#8221; Although White grew up as an only child in that  middle class—his physician father graduated from the all-black Meharry  Medical College and was a house physician at the local black  hospital—his family had to use colored bathrooms and colored water  fountains. White and his friends watched their favorite Westerns at  all-black movie theaters so they could avoid having to sit in the  balcony at the segregated ones. At the hospital where White&#8217;s father  worked, even the blood at the blood bank was segregated. As a young boy  delivering the black newspaper the <em>Pittsburgh Courier</em>, White occasionally saw front-page photos of the lynchings that were still commonplace. On those days, he writes in <em>Seeing</em> <em>Patients</em>, &#8220;I didn&#8217;t want to take the newspaper around. I didn&#8217;t even want to handle it.&#8221;</p>
<p>Still, the middle-class black community in Memphis was committed to  &#8220;advancing the race.&#8221; Teachers at the black schools stressed that  &#8220;education was going to drive forward our right to equality that we had  been struggling for so long to achieve.&#8221; White&#8217;s mother, Vivian, and his  Aunt Addie were proud women who refused to be belittled or  underestimated.</p>
<p>As a teenager working at a drive-in movie theater, White and his friends  clashed with white workers who took to calling them &#8220;darkies.&#8221; When  they retaliated by calling the white workers &#8220;Nabisco Boys,&#8221; the workers  followed White and his friends home one night in their car, shooting  BBs and shouting curses.</p>
<p>After White&#8217;s group was attacked, &#8220;Mom and Aunt Addie practically had a  fit,&#8221; White recalls. &#8220;Vivian White and Addie Jones were not going to  take this kind of thing, and after some discussion they made it clear  that I was not going to take it either.&#8221; The next day they drove White  to work and gave a stern talk to the manager of the drive-in, who  ensured White&#8217;s safety for the rest of that season and the one after it.  &#8220;I didn&#8217;t know at the time that this incident would stay with me for  the rest of my life, but what a lesson it was,&#8221; White notes.</p>
<p>When White was eight years old, his father died suddenly, and he and his  mother were forced to move from their two-bedroom house into the home  of Aunt Addie and her husband, Uncle Doc, a pharmacist. The family  doubled up on couches and cots, and White&#8217;s college-educated mother got a  job as a secretary at a high school, where she eventually became a  teacher. Still, as White writes in the book, &#8220;My father&#8217;s death when I  was so young meant that most of my relationship with him ended up being  my relationship with his reputation,&#8221; and the question he heard more  often than any other was, &#8220;You going to be a doctor like your dad? Your  dad was a fine man, a great doctor.&#8221;</p>
<p>A bright and a diligent student, White at thirteen left Memphis for the  Mount Hermon School for Boys, an exclusive New England prep school (now  Northfield Mount Hermon). Students earned tuition money by waiting  tables and sweeping floors. Although he suffered from culture shock at  this tiny northwestern Massachusetts enclave, he thrived at Mt. Hermon,  singing in the choir, excelling academically, and earning varsity  letters in football, wrestling, and lacrosse.</p>
<p>In 1953 White opted for college at Brown. &#8220;Brown had good athletics,  highly regarded premed studies, and, my grapevine informed me, they not  only took Negroes, they treated them well,&#8221; he writes in <em>Seeing Patients</em>. &#8220;Four or five each year. Never more, but never fewer, either.&#8221;</p>
<p>At the University, White worked grueling hours in order to play  football—he was a varsity offensive and defensive end—while  simultaneously earning high grades in his premed studies<strong>. </strong>When  psychology professor Anthony Davis helped White research and write an  honors thesis, it &#8220;increased my level of confidence by several  magnitudes,&#8221; White writes.</p>
<p>He also became the first African American fraternity brother at Brown  when he rushed Delta Upsilon. And it was because of White&#8217;s designation  as the Brown DU chapter&#8217;s delegate to the 1956 national convention, to  be held in Vermont, that he and his fraternity brothers received the  following telegram: &#8220;the middlebury chapter regrets that due to  circumstances beyond its control&#8230; it is necessary to postpone the  delta upsilon convention&#8230; until 1957.&#8221; (Thirty years later, the  fraternity formally apologized to White. &#8220;I can tell you that the  delivery and celebration of justice does feel good to all concerned,&#8221;  White writes. &#8220;No matter how long you might have to stick around to see  it.&#8221;)</p>
<p>After graduation and medical school at Stanford, White did an internship  at the University of Michigan Medical Center and an orthopedic  residency at Yale. But soon he was forced to confront yet another  foreign world.</p>
<p>In August 1966, White arrived in Vietnam as a combat surgeon. Subject to  a special doctors&#8217; draft, he could have found alternative service but  opted not to. He wanted to &#8220;jump over there and do what I could,&#8221; he  writes in <em>Seeing Patients</em>. While he was in Vietnam, he couldn&#8217;t  help but notice that he was &#8220;seeing more wounded black soldiers than I  might have expected. . . . What I heard from the black troopers was that  they were more likely than not to be chosen as point men when they went  out on patrol.&#8221;</p>
<p>As a respite from the brutality, White volunteered at a nearby  leprosarium, performing surgeries to help patients regain some mobility  in their crippled hands and feet. &#8220;For me, the St. Francis Leprosarium  was an oasis,&#8221; he wrote. &#8220;After all the blood and gore, it seemed almost  a place of meditation. . . . In many cultures leprosy is regarded with  such horror that if anybody just makes eye contact and looks at lepers  and acknowledges them as human beings, they are profoundly grateful. And  if you help them? You fix them up? . . . The feedback is incomparable. .  . . I didn&#8217;t know who was helped most at that leper colony—the helpers  or the helpees.&#8221;</p>
<p>On the bumpy jeep ride out to the leprosarium, White writes, he would  reflect that &#8220;at the hospital I was seeing the worst that man can do to  man, then I go down the road to see the worst that nature can do. Man&#8217;s  inhumanity to man and nature&#8217;s cruelty to man—both of them an absolute  bitch.&#8221;</p>
<p>The &#8220;equal opportunity employers&#8221;—pain and death—that White saw in  Vietnam helped crystallize one of his most resonant realizations about  race and humanity. He writes, &#8220;Our humanness supersedes our cultural  issues, our difference in status or rank, our racial selves. A superior  officer, a trooper, black, white—under the knife they&#8217;re all the same. .  . . In the final analysis, that&#8217;s all we are—human.&#8221;</p>
<p>After his surgical residency, White spent eighteen months earning a PhD  in orthopedic biomechanics at the Karolinska Institute in Sweden. It was  there he met his wife, Anita, a Swede, and it was also there, he  realizes in retrospect, that he made a formal commitment to promoting  diversity in medicine. In Sweden, he says, race was simply not an issue.</p>
<p>&#8220;Nobody cared,&#8221; White recalls. &#8220;When people said hello, it was just  hello. Not hello—I see by the color of your skin that you are a white  person; what kind of white baggage might you be carrying toward me? Or,  hello—I see by the color of yours that you&#8217;re black; wonder what kind of  baggage you might be carrying toward <em>me</em>?&#8221;</p>
<p>White knew that one of the reasons race isn&#8217;t an issue in Sweden is that  there is essentially only one race there—something neither possible nor  desirable in the United States. But Sweden gave him a glimpse of true  equal opportunity for African Americans, and he resolved to make  medicine a more welcoming profession for blacks. He joined the  admissions committee at Yale Medical School, where he was about to  become a faculty member, and began advocating on behalf of qualified  black applicants who might otherwise have been overlooked.</p>
<p>To this day, White notices that too many black students play down their  accomplishments, underestimate their own worth, and try to blend in and  be as inoffensive as possible, with the result that they are hesitant to  speak up and share their ideas. When he meets such students, White  invariably asks them a favorite question: &#8220;Do you know that you&#8217;re a  national treasure?&#8221;</p>
<p>Some years later he and a handful of his peers founded the J. Robert  Gladden Orthopedic Society, a group of African American orthopedists who  saw the need for &#8220;an effective platform for sharing concerns and  research both among ourselves and with the larger orthopedic community.&#8221;</p>
<p>&#8220;I&#8217;m aware of only one or two organizations that are similar,&#8221; says  former Secretary of Health and Human Services Dr. Louis Sullivan, &#8220;and  none that I believe is as viable or active as the Gladden society.&#8221;</p>
<p>After White became a Brown trustee in 1971—he later served on the Board  of Fellows from 1981 to 1992—he began to realize that &#8220;diversity was a  black question, yes, but not only a black question.&#8221; Increasing the  number of underrepresented minorities in a given community, he argued,  not only benefitted those minorities; it also enriched the community as a  whole. All people, he writes in <em>Seeing Patients</em>, &#8220;should be  willing to share knowledge with each other and learn from one another  and teach one another, to achieve better understanding of cultural  differences and the implications of them, and to appreciate the  importance of working together and getting beyond the isolation of  cultures from each other.&#8221;</p>
<p><em><strong>Seeing</strong> Patients</em> is full of stories—some funny, some not so  funny—of things people have said and done before realizing Gus White is  black. (A woman he once dated assumed he was Puerto Rican. When he told  her he was black, she slumped down in her chair in tears and asked, &#8220;Are  you absolutely sure?&#8221;)</p>
<p>In addition to being fair-skinned, White is tall and lanky, usually at  least a head taller than anyone else in a room. There&#8217;s an inherent  gentleness and elegance about him, and his calm, unflappable demeanor  puts people at ease. &#8220;He was an athlete in his younger days,&#8221; says David  Chanoff, the coauthor of <em>Seeing Patients</em>, &#8220;and he still has that kind of presence. He&#8217;s a combination of congeniality, collegiality, and drive.&#8221;</p>
<p>Thinking positively is something of a reflex for White. In a notebook he  kept during the 1960s, he jotted down the phrase &#8220;Black brother, don&#8217;t  hate. Calculate.&#8221; Where others might get angry, White is unflappable.  &#8220;Hate doesn&#8217;t help,&#8221; he says. &#8220;It only pushes you down. It depresses  you.&#8221; His daughter Atina White &#8217;98 says, &#8220;He has this ability to be  strategic about letting yourself cool off and finding other ways to  accomplish what it is you&#8217;re trying to do. He is very logical—almost to a  fault sometimes.&#8221; His favorite bit of fatherly encouragement to his  three daughters, Atina says, is to be &#8220;strong in the head, strong in the  heart, strong in the whole body.&#8221;</p>
<p>At his talk at Brigham and Women&#8217;s, White ran through slide after slide  of dispiriting, frustrating evidence of unequal treatment in medicine.  As an orthopedist, he said, he was particularly upset by the fact that  blacks and Hispanics are less likely than whites to get adequate pain  medication after a long-bone break or fracture. Pain is pain, he said;  it has nothing to do with culture or race. This fact, White says, &#8220;is  not presented to abuse anybody or accuse anybody or make anybody feel  guilty. It&#8217;s not your fault. It&#8217;s not my fault. But it <em>is</em> your responsibility and my responsibility to do something about it.&#8221;</p>
<p>In surveys, White writes in <em>Seeing Patients</em>, physicians say  they do not discriminate on the basis of sex. And yet in 2008, when  researchers sent a male and a female patient with identical  osteoarthritis in their knees to seventy-one family practitioners and  orthopedic surgeons, 67 percent recommended knee replacement for the  man, while only 33 percent did so for the woman.</p>
<p>&#8220;I think this is not conscious bias,&#8221; White argues, quoting Mayo Clinic  orthopedist Mary O&#8217;Connor, the past chair of the Ruth Jackson Society,  which tries to correct health disparities affecting women. &#8220;I don&#8217;t  believe these physicians had the female patient in their office and  thought, &#8216;I&#8217;m going to withhold a recommendation for surgery.&#8217;&#8221;</p>
<p>O&#8217;Connor continues: &#8220;But there&#8217;s still something going on. . . . There&#8217;s  the stereotypic—Oh, she&#8217;s going to be a whiner. . . . The most  difficult thing to realize is that, yes, <em>you</em> may be the one doing it. <em>You</em> may be guilty of giving different care to people who don&#8217;t resemble you.&#8221;</p>
<p>White admits his own bias against obese patients. But, he says, &#8220;If you  can be aware, let that be a yellow light.&#8221; That yellow light forces you  to pause and remind yourself about what the evidence says you should do  with this particular patient, and make sure you do it.</p>
<p><strong>Three</strong> decades after graduating from Brown, White was serving on Brown&#8217;s  Board of Fellows, watching with dismay as the hundreds of black students  now at Brown voiced their discontent.</p>
<p>&#8220;They felt they weren&#8217;t being treated properly, that their needs weren&#8217;t being addressed,&#8221; White writes in <em>Seeing Patients</em>.  &#8220;From what I could see, the school cared about its minority students—it  just did not know what to do about them.&#8221; So White approached  then-President Howard Swearer with an idea. Rather than &#8220;responding to  brushfires,&#8221; why didn&#8217;t the University convene a committee to study what  might help improve relationships among students of all races at Brown?</p>
<p>Swearer asked White to lead the effort. White and his colleagues spoke  to hundreds of students, faculty, and staff about diversity at Brown,  and compiled, synthesized, and analyzed what they heard. The resulting  report, <em>The American University and the Pluralist Ideal</em>, was  released in 1986. It made seventeen recommendations, including broadened  course offerings on race- and ethnicity-related subjects (the ethnic  studies concentration was born as a result) and increased support for  minority clubs and organizations. At its heart, the report asked the  University to move past diversity and aim for the broader goal of  pluralism.</p>
<p>&#8220;Diversity meant that the University community would include people of  different races, religions, and so on,&#8221; White writes. &#8220;To a certain  extent Brown had achieved diversity. Pluralism moved beyond diversity in  that it conceived of a community where minorities were not simply  present, but where they were welcomed, where their cultures were  acknowledged and valued. . . . We were asking Brown to make diversity  into one of the pillars of its fundamental identity.&#8221; (Brown awarded  White an honorary degree in 1997. He also worked on a follow-up report,  which was released in 2001.)</p>
<p>Now that White is looking to make culturally competent care one of the  pillars of medicine&#8217;s fundamental identity, he thinks he knows  intuitively what will help. Doctors must be honest with themselves about  their biases, for example, and medical schools must increase the number  of medical students from underrepresented minorities. But will it make a  difference, really?</p>
<p>&#8220;I&#8217;m sorry to say,&#8221; White says, &#8220;that we did a review of the literature  and we said, &#8216;Culturally competent care education pedagogy: what works?  What are the teaching methods that work?&#8217; So far, there&#8217;s not anything  that has been demonstrated experimentally, on an evidence basis, that  says, if you teach these things, you can get these better outcomes in  patients that are getting disparate care.&#8221;</p>
<p>After White retired at age sixty-five from performing surgery—&#8221;I wanted  to exit at the peak of my skills, while I was still providing the  highest level of care I could,&#8221; he writes—he founded Harvard&#8217;s  Culturally Competent Care Education Program to try to address the  problem. The program consists of White, his assistant, and piles of  papers, books, and sticky notes. It is fueled by White&#8217;s unfailing  optimism. Each day he puts on a jacket and tie—even on days when he has  no appointments or meetings—and goes into his office to do research,  write papers, give lectures, collaborate with others in the field, and  mentor students.</p>
<p>In medicine, evidence is king. Without a clinical trial demonstrating  the effectiveness of one type of intervention versus the other—without  data to prove that, say, teaching medical students one way versus  another results in better outcomes for minority patients—White is, he  admits, &#8220;just flailing away at things that ought to make sense, that  ought to work.&#8221; He adds, &#8220;Hopefully at some point we&#8217;ll show that they  can work.&#8221;</p>
<p>White has always drawn great pleasure and comfort from music, and several of the chapters in <em>Seeing Patients </em>begin  with quotes from the blues great Memphis Slim. One of the chapters, &#8220;A  Man Ain&#8217;t Nothing But a Man,&#8221; draws its title from &#8220;John Henry,&#8221; that  quintessential American folk song about the man who beats the steam  engine and dies trying.</p>
<p>When great bluesmen like Lead Belly and Mississippi John Hurt sing about  what John Henry told his captain, the words are layered with meaning.  John Henry, a former slave in some accounts, says that he is only a  man—there is only so much he can do to beat the steam engine—but he  promises to die trying. At the same time, he is making a simple yet  deeply profound statement that he, like his captain, is a human being.  And yet, because of who he is, he, like his ancestors, is going to die  with his master&#8217;s tools in his hands.</p>
<p>As important as our cultural identities are, White notes in <em>Seeing Patients</em>,  &#8220;In the final analysis, we are all so much more similar than different.  Once you make the incision, once you look inside, everybody is the  same. Open up that skin and underneath it&#8217;s all one. The reality of the  body tells this to you. . . . A man, in John Henry&#8217;s enduring words,  ain&#8217;t nothin&#8217; but a man.&#8221;</p>
<p>When White was invited to lecture at Brigham and Women&#8217;s in June, he was  the keynote speaker at a function celebrating the achievements of  underrepresented minority faculty and fellows at Harvard Medical School.  From behind the lectern, White took a quick tally in his head: about  twenty of the fifty doctors, medical students, and other health-care  professionals gathered before him that day were from racial or ethnic  minorities. There were medical students from programs aimed at  recruiting underrepresented minorities into medicine. There were  doctors, now mentors, who had previously been mentees in these programs.  White felt deeply gratified, even as he prepared to talk about how  racism and other &#8220;isms&#8221; were getting in the way of good medical care.</p>
<p>He smiled. &#8220;Good afternoon, my fellow humans,&#8221; he began.</p>
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		<title>A Prison Debate</title>
		<link>http://blackapple.org/a-prison-debate/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=a-prison-debate</link>
		<comments>http://blackapple.org/a-prison-debate/#comments</comments>
		<pubDate>Wed, 03 Aug 2011 14:59:45 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Front-of-book]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Film/Television/Radio]]></category>
		<category><![CDATA[Prisons and jails]]></category>

		<guid isPermaLink="false">http://blackapple.org/?p=907</guid>
		<description><![CDATA[Massachusetts compiles the history of the Norfolk Prison Debate Team, which beat the likes of Oxford’s best. ]]></description>
			<content:encoded><![CDATA[<p>July/August 2011</p>
<p><a href="http://www.neh.gov/news/humanities/2011-07/NorfolkPrisonDebateTeam.html"><img class="alignleft size-full wp-image-909" title="humanities" src="http://blackapple.org/wp-content/uploads/2011/08/humanities.jpg" alt="" width="270" height="120" /></a></p>
<p>Roy Shurger Jr. didn’t know what to think. When he picked up the  phone one day last year, a young man named Adam Bright was on the line,  asking if Shurger had been on a debate team in his youth.</p>
<p>Shurger paused, welling with emotion, not knowing how to answer.</p>
<p>Shurger had indeed joined a debate team in Norfolk more than fifty  years ago, and he credits the experience with the eloquence and  self-confidence that helped him to succeed in his distinguished career  as an X-ray technician, educator, and administrator. At the same time,  until Bright called, Shurger had told almost no one about it. He had  hidden the experience from employers. Even his children didn’t know that  he and his teammate had beaten the impressive West Point debate team.  That’s because Shurger’s days as a debater came when he was in Norfolk  Prison as a member of a nearly undefeated team made up entirely of  inmates.</p>
<p>Adam Bright and his partner Natasha Haverty are assembling an oral  history of the Norfolk Prison Debate Team, which from 1933 until  sometime in the 1970s regularly took on—and defeated—teams from  universities like Harvard, Yale, Princeton, and Oxford. According to the  project directors, in 1966, the team boasted of a record, under one  coach, against some of the most formidable teams in the world of 144  wins, 8 losses. And yet, the very existence of the team, let alone  details from its decades-long tenure, had been ­all but forgotten until  now.</p>
<p>The project is supported in part by a grant from Mass Humanities, and  will collect stories which might otherwise have disappeared as people  like Shurger, who is seventy-nine, get older. The significance of the  oral history, which so far includes fifty-five hours of audio and  transcriptions, reaches beyond the debate team itself to raise questions  about incarceration, punishment, and rehabilitation.</p>
<p>Norfolk Prison Colony, the brainchild of Harvard professor Howard  Belding Gill, opened in 1932, as a “model prison community.” Gill’s idea  was to rehabilitate motivated prisoners by giving them self-sufficiency  and education, and by making life in prison as similar as possible to  life on the outside. Civic-minded locals were encouraged to volunteer at  the prison, lead groups, and teach classes. Even the architecture was  designed with Gill’s ideals in mind. “Once you got inside the walls, you  didn’t even know you were in a prison,” says Carlo Jeremini, the  prison’s school principal, in one of the oral history’s interviews. With  a heavy Boston accent, Jeremini makes the early years of Norfolk come  alive. “There are no bars,” he says. “There was a quad, like a college  town, with dormitories around the quad, a school building at one end, a  community center at the other end. The guard did not wear a uniform; he  wore civilian clothes.”</p>
<p>The debate team “was the exemplification of the Norfolk philosophy,”  says Bright: “Get outsiders to interact with the men to make the men  feel like men.” Professors from local colleges served as coaches,  lawyers and politicians judged the events, and college students came  from all over the world to compete. Townspeople were invited into the  prison to watch the debates, which were also broadcast on local radio.</p>
<p>Bright was a freelance journalist and a volunteer with the New York  City-based storytelling organization The Moth when he first stumbled on a  mention of the Norfolk debate team in a biography of the songwriter  Leonard Cohen. (Cohen had debated at Norfolk while a student on McGill  University’s debate team.) Haverty, a radio producer and documentarian,  was working as The Moth’s outreach coordinator, and the two first  imagined they would make a radio documentary about the debate team.</p>
<p>But there was frustratingly little information available. Norfolk’s  most famous debater, Malcolm X, makes brief mention of the team in his  autobiography. (“You would be astonished to know how worked up convict  debaters and audiences would get over subjects like, ‘Should Babies Be  Fed Milk?’” X wrote.) <em>Time</em> magazine occasionally reported on  the Norfolk Debate Society’s victories. “In Norfolk, Mass.,” ran one  1951 item, “two inmates of the state prison, taking the affirmative in a  debate on whether the American people should support the welfare state,  defeated two members of the Harvard debating society.” Other than that,  there was almost nothing. The names of the debaters, the subjects of  the debates, and—most crucially for radio—audio footage of the debates  themselves, were all elusive.</p>
<p>The Mass Humanities grant was awarded on one condition: Bright and  Haverty had to track down at least five former debaters. They had “some  confidence” that they could do it, recalls Haverty, “but some of it was  pure hope.” They moved to Boston, logged onto Lexis-Nexis, and spent the  summer hunting through archives and making cold calls.</p>
<p>“We had role-played what it would be like if the wife answered, or  how we would play it if he was in a room with people,” says Bright. But  when they reached their first debater, they realized they “never really  fully role-played what the effect would be of saying it to him,” Bright  says. “I had not prepared for how emotional it was going to be for him  to have someone call fifty years later and say, ‘Were you on this team  at Norfolk?’ How complicated it was.”</p>
<p>Since that time, they have spoken to fourteen debaters from the  Norfolk team and twenty-one others, including coaches, prison  administrators, and college competitors. Some, like Shurger, have gone  on to have productive lives and successful careers. Others, like debate  team star George Nassar—infamous because of his connection with “Boston  Strangler” Albert DeSalvo—must do their interviews via collect call,  having landed back in prison after being released on parole. Together,  the voices of the debaters, the coaches, the townspeople, and prison  administrators weave a rich human tapestry of a time that is quickly  fading from view.</p>
<p>As the war on drugs and a “tough on crime” political atmosphere have  swelled the ranks of the incarcerated, prisons have become little more  than warehouses. Education programs, enrichment programs, and job  training have all fallen by the wayside as cash-strapped states struggle  to house ballooning numbers of inmates. MCI-Norfolk, as it is now  known, maintains little more than Gill’s original architecture.</p>
<p>Shurger, who was sent to prison at fifteen and spent eight years  behind bars for first-degree murder before being released on parole,  says that the public thinks “everybody who’s been in prison is bad. And  that’s not true as far as I’m concerned.” The oral history, he says, is  an opportunity “to see something that would be more favorable to those  inmates who came out and did well.”</p>
<p>The audio and corresponding transcripts from the oral history will be  archived at the Harvard Law Library, the Boston Public Library, and the  Emerson College Library. Bright and Haverty also hope to write a book  that compiles the most compelling moments from the archives.</p>
<p>Such as this one, from a former Norfolk prisoner named Richie (he  didn’t want his last name used), who says that joining the debate team  “was intimidating at first. You don’t think, intellectually, you’re at  the level of these students coming in that you’re going up against. And  then you find out that you are. And you might be a little bit better.”</p>
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		<title>Slideshow: CSI Gone Wrong</title>
		<link>http://blackapple.org/slideshow-csi-gone-wrong/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=slideshow-csi-gone-wrong</link>
		<comments>http://blackapple.org/slideshow-csi-gone-wrong/#comments</comments>
		<pubDate>Mon, 21 Feb 2011 03:05:20 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Multimedia]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Newsweek]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Prisons and jails]]></category>

		<guid isPermaLink="false">http://blackapple.org/?p=899</guid>
		<description><![CDATA[Photo gallery to accompany "Forensics under the microscope"]]></description>
			<content:encoded><![CDATA[<p>February 21, 2011</p>
<p><a href="http://www.newsweek.com/photo/2011/02/07/faulty-forensics.html"><img class="alignleft size-full wp-image-525" title="Newsweek" src="http://blackapple.org/wp-content/uploads/2011/01/Newsweek.png" alt="" width="270" height="120" /></a>Two hundred and sixty-six people have been exonerated by DNA in the  United States after spending years—sometimes decades—in prison for  crimes they did not commit. More than half of these people were  convicted on the basis of bad forensic evidence.</p>
<p>In some cases,  the forensic methods themselves had few or no professional guidelines or  objective criteria. In other cases, analysts used scientifically valid  tests but fudged or misstated the science in their testimony. <a href="http://www.newsweek.com/photo/2011/02/07/faulty-forensics.html">Here’s a  list</a> of some common areas for mistakes or malice – and men who have  suffered as a result.</p>
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		<title>Forensics Under the Microscope</title>
		<link>http://blackapple.org/forensics-under-the-microscope/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=forensics-under-the-microscope</link>
		<comments>http://blackapple.org/forensics-under-the-microscope/#comments</comments>
		<pubDate>Mon, 21 Feb 2011 02:11:17 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
				<category><![CDATA[Featured]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Newsweek]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Prisons and jails]]></category>

		<guid isPermaLink="false">http://blackapple.org/?p=896</guid>
		<description><![CDATA[When it comes to criminal cases, scientific evidence can seem like cold hard facts. But recently, advocates worry that both bad science and internal corruption is making forensics faulty—and innocent people are going to jail.]]></description>
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<div>
<p>February 17, 2011</p>
<p><a href="http://www.newsweek.com/2011/02/17/forensics-under-the-microscope.html"><img class="alignleft size-full wp-image-525" title="Newsweek" src="http://blackapple.org/wp-content/uploads/2011/01/Newsweek.png" alt="" width="270" height="120" /></a></p>
<p>Warren Horinek did not murder his wife. That’s what  he said, that’s what the medical examiner said, that’s what the  homicide sergeant said. Even the district attorney’s office in the  Horineks’ hometown of Ft. Worth, Texas, agreed that he was innocent—not  something a Texas prosecutor typically says. But when Bonnie Horinek  died in 1995, her parents refused to believe what the evidence strongly  suggested—that Bonnie shot herself—and instead they enlisted the  services of a blood-spatter analyst to prove that it was their  son-in-law who had killed their daughter.</p>
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<p>The spatter analyst zeroed in on the blood-soaked T  shirt Horinek was wearing when the paramedics arrived. To him, the fine  spray of blood on Horinek’s left shoulder was not from administering  CPR, as Warren said it was, and as the 911 recording seemed to indicate,  but from shooting Bonnie at close range. On the basis of that  testimony, Horinek was convicted of murder and sentenced to 30 years.  But did they really get their man? Horinek’s lawyers have filed a writ  of habeas corpus to try to have him released; much of the spatter analyst’s testimony, the  lawyers argue, “was contrary to known and accepted science.”</p>
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<p>In the age of CSI and Dexter, we’re led to believe  that forensic science is a high-tech discipline, powerful and  sophisticated enough to catch any criminal.</p>
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<p>As it turns out, whether blood-spatter analysis and  disciplines like it qualify as “science” at all is a matter of  increasing debate. In a sharply critical report issued in 2009, the <a href="http://www8.nationalacademies.org/onpinews/newsitem.aspx?RECORDID=12589]" target="_blank">National Academy of Sciences said</a>,  “The simple reality is that the interpretation of forensic evidence is  not always based on scientific studies.” Taking aim at disciplines as  varied as ballistics, hair and fiber analysis, bite-mark comparison—even  fingerprints—the report declared, “This is a serious problem.”</p>
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<p>The last few years have <a href="http://www.chicagotribune.com/news/watchdog/chi-041021forensics,0,3075697.story" target="_blank">seemed to bear out the report</a>. Dozens of elite crime labs all over the country, from <a href="http://www.newsday.com/long-island/nassau/nassau-crime-lab-faces-credibility-problem-1.2537230" target="_blank">Nassau County, N.Y.</a>, to <a href="http://articles.sfgate.com/2010-12-04/news/25007175_1_crime-laboratory-directors-ralph-keaton-lab-director" target="_blank">San Francisco</a>,  to Virginia, Cleveland, Oklahoma, and Baltimore, have been involved in  scandals involving mishandled evidence and false or misleading forensic  testimony. This past summer, a North Carolina attorney general’s audit  discovered that the state’s Bureau of Investigation had withheld or  distorted evidence in <a href="http://www.newsobserver.com/2010/08/19/635632/scathing-sbi-audit-says-230-cases.html" target="_blank">more than 200 cases</a>.</p>
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<p>Even some of the best funded and most sophisticated  crime-fighting organizations are being taken to task for their use of  forensic evidence. This week, the <a href="http://www.nytimes.com/2011/02/16/us/16anthrax.html?scp=2&amp;sq=Anthrax&amp;st=cse" target="_blank">New York Times reported</a> that the Federal Bureau of Investigation had “overstated the strenght  of genetic analysis” during the investigation of Bruce E. Ivins, who  allegedly mailed anthrax to newsrooms and Senate offices in the wake of  the 9/11 attacks.</p>
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<p>A <a href="http://www.propublica.org/article/the-real-csi-americas-patchwork-system-of-death-investigation" target="_blank">year-long investigation</a> by the independent journalism nonprofit ProPublica revealed major  problems in the nation’s coroner system: pathologists not certified in  pathology, physicians who flunk their board exams, even coroners who are  not physicians at all. “In nearly 1,600 counties across the country,”  the investigation found, “elected or appointed coroners who may have no  qualifications beyond a high-school degree have the final say on whether  fatalities are homicides, suicides, accidents or the result of natural  or undetermined causes.”</p>
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<p>For his forthcoming book, <em><a href="http://www.amazon.com/Convicting-Innocent-Where-Criminal-Prosecutions/dp/0674058704/ref=sr_1_1?ie=UTF8&amp;qid=1294927564&amp;sr=8-1" target="_blank">Convicting the Innocent: Where Criminal Prosecutions Go Wrong</a></em> (Harvard University Press, April 2011), University of Virginia law  professor Brandon Garrett examined the trial transcripts and other legal  documents of the first 250 people to be exonerated by DNA in this  country. He discovered that in more than half these cases, trials were  tainted by “invalid, unreliable, concealed, or erroneous forensic  evidence.” The errors ranged from analysts making up statistics on the  fly, implying that their methods were more scientific than they actually  were, and exaggerating or distorting their findings to support the  prosecution.</p>
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<p>Peter Neufeld, a lawyer in New York and cofounder of the <a href="http://www.innocenceproject.org/" target="_blank">Innocence Project</a>,  which has helped to facilitate many of these exonerations, calls it the  “elastic expert: no matter what you see, I can distort it so that it  would be a match.”</p>
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<p>This “elasticity” is possible because the tests are  largely subjective. Just how much human judgment is required depends on  the discipline: DNA testing is mostly—though not entirely—done by  machine, for instance, whereas microscopic hair comparison is based  solely on the analyst’s opinion. Even fingerprints, which many of us  regard as foolproof tools for identifying culprits—think Dexter feeding a  print into his computer and a bad guy’s photo and driver’s license  appearing on the screen—in fact rely largely on human interpretation,  and therefore are subject to human error.</p>
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<p>One of the most famous examples of the danger of fingerprints was the case of Oregon lawyer <a href="http://www.nytimes.com/2004/11/17/politics/17fbi.html?_r=1&amp;ref=brandonmayfield" target="_blank">Brandon Mayfield</a>,  arrested in 2004 in the wake of the Madrid train bombings. Working from  a partial print that Spanish authorities had found on a plastic bag of  detonators, several top FBI analysts declared Mayfield’s print a match.  That is, until Spanish authorities identified Ouhnane Daoud, now <a href="http://www.interpol.int/public/data/wanted/notices/data/2004/22/2004_24122.asp?HM=1" target="_blank">wanted for terrorism</a> in connection to the crime. When it became clear that Daoud’s prints  were a much better match, the FBI was forced to admit that its own bias  and “circular reasoning” had led them to Mayfield, who had no  involvement in the bombings.</p>
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<p>Part of the problem is what social scientists call  “context bias.” Most forensics labs are located within police  departments, so analysts may see themselves as working “for” the  prosecution. They also usually have information about the evidence  they’re testing—for example, that the suspect has a prior record.  “There’s a lot of research to suggest that knowledge could have biasing  effect,” says Jennifer Mnookin, a professor at the UCLA School of Law.</p>
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<p>In a recent Supreme Court case, Justice Antonin  Scalia, writing for the majority, said that whether consciously or not,  an analyst “responding to a request from a law enforcement official may  feel pressure—or have an incentive—to alter the evidence in a manner  favorable to the prosecution.” The judges’ ruling means that forensic  test results may be subject to the same kind of scrutiny as any other  evidence, and an analyst from the lab that ran the test must be present  in court to be cross-examined, just like any other witness.</p>
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<p>“Obviously, most people in this community are  trying to do their jobs well and are not trying to frame innocent  people,” says the University of Virginia’s Garrett. “But what we’ve seen  come out of these exoneration cases and in additional scandals at the  laboratories is that this is not a problem of a few bad apples. Who is  the competent analyst that can testify about a technique that’s  fundamentally unreliable? That’s not a bad-apple problem. That’s a  serious problem with our entire system.”</p>
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<p>At the heart of these criticisms is the issue of  what scientists call validity and reliability. A test is valid if its  results are factually accurate. A test is reliable if multiple tests  will lead to the same conclusion. Some forensics tests, like blood  typing, are very reliable: no matter how many times your doctor draws  your blood, you will always have the same blood type. Occasionally there  are mistakes, of course, but they are predictable: blood-typing tests  have well-documented and well-understood error rates. Others, like hair  comparison, are unreliable: studies have shown that multiple technicians  examining the same two hairs—even the same technician examining the  same two hairs at different times—come to multiple conclusions. Critics  say that many of forensic science’s most basic tools are neither  reliable nor valid.</p>
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<p>For example, at the trial of Jimmy Ray Bromgard,  who served more than 14 years of a 40-year sentence for sexual  intercourse without consent until he was exonerated in 2002, the  director of the Montana State Crime Lab told the jury that hairs found  on a blanket in the victim’s house “matched” hairs taken from Bromgard’s  body. There were so many hairs that matched so well, the analyst said,  that there was a “one in 10,000” chance the hairs could have come from  anyone else.</p>
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<p>But no one has ever established any statistics  about the microscopic characteristics of hair, so “one in 10,000” odds  isn’t based on scientific consensus. How common is it for a person to  have a particular hair color, or for a hair to crinkle or curl just so?  Scientists have never answered that question systematically. And what  does “match” mean, anyway? There are no uniform guidelines to say how  many characteristics two hairs must have in common before they’re said  to “match.” It varies entirely from one lab to the next, from one  technician to the next.</p>
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<p>Barry Fisher, who served as the crime-laboratory  director for the Los Angeles Sheriff’s Department for more than 20  years, was often stymied by this problem when he took the stand. “How do  you convey the level of certainty?” Fisher asks. “Do you say to the  jury, ‘I’m pretty sure’? ‘I’m very sure’? What do these things mean?”</p>
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<p>To get around this problem, Garrett found, forensics experts too often overreach in their testimony.</p>
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<p>When Ray Krone was convicted of murder in Arizona  and sentenced to death in 1995, the testimony of a bite-mark analyst was  key to the state’s case. “This is really an excellent match,” the  analyst said on the stand, comparing Krone’s teeth with a bite mark on  the murder victim. “That tooth caused that injury.”</p>
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<p>In fact, in its report the National Academy of  Sciences found that, among all the forensic disciplines, only DNA has  proved capable of “individualization”—that is, demonstrating “a  connection between evidence and a specific individual or source.” When  the DNA in the Krone case was tested year later, he was exonerated, but  only after spending a decade in prison.</p>
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<p>The report has led a small but growing number of  judges to take a more skeptical approach to forensics. In addition to  the Supreme Court case, <em>Melendez-Diaz v. Massachusetts,</em> U.S. District Court Judge Nancy Gertner <a href="http://www.boston.com/news/local/massachusetts/articles/2010/03/29/us_judge_urges_skepticism_on_forensic_evidence/" target="_blank">announced in March</a> that she will allow forensic evidence in her courtroom only if a lawyer  first proves in a pretrial hearing that the method is scientifically  sound. “In the past, the admissibility of this kind of evidence was  effectively presumed, largely because of … the fact that it had been  admitted for decades,” Judge Gertner wrote in her order. “The NAS report  suggests a different calculus.”</p>
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<p>The National Institute of Justice has funded some  preliminary studies to establish the scientific information that has so  far been missing; UCLA’s Mnookin and her colleagues are less than a year  into a two-and-a-half-year grant to develop a more formalized and  scientifically validated approach to fingerprint analysis. “It’s not  that we know that they don’t work,” Mnookin says of fingerprints and  other forensic methods. “It’s that we don’t have enough evidence about  when they work, how they work, when they might not work.” The report  also led to a series of Senate Judiciary Committee hearings. In January  Senator Patrick Leahy (D-Vt.) <a href="http://leahy.senate.gov/press/press_releases/release/?id=6ae7da4b-ec1f-465e-b521-d763ecdc853f" target="_blank">introduced a bill</a> to address some of the major issues in the nation’s forensic system.  The The Criminal Justice and Forensic Science Reform Act takes up many  of the issues identified in the NAS report. Although the report has  gotten a chilly reception from many forensics experts and prosecutors,  many others in the field, like Fisher, believe reforms in the system are  long overdue.</p>
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<p>Geoffrey Mearns, a former federal prosecutor who  helped try both Oklahoma City bombers Terry Nichols and Timothy McVeigh,  regularly used forensics in his work. Mearns served on the committee  that wrote the academy’s report. “I had assumed that there were  well-established uniform processes and procedures in place. I really had  faith in the accuracy, reliability, and that it was well grounded in  science,” says Mearns, now provost and senior vice president for  academic affairs at Cleveland State University. “When I realized my  faith was not well placed, I was very concerned about the damage that it  was doing to the accuracy and efficiency of law-enforcement  investigations. Because if the science is not accurate, and is leading  us to the wrong person, it’s not only causing a terrible injury to the  wrong person, but it’s leading you away from the right person.”</p>
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<p>The <a href="http://www.innocenceproject.org/know/" target="_blank">265 innocent people</a> so far exonerated by DNA are lucky. Among the “hundreds, if not  thousands” of people that the Innocence Project’s Peter Neufeld  estimates were wrongfully convicted on the basis of faulty forensics,  only a small percentage have DNA available to test. What is their  recourse? Neufeld says his organization is counseling attorneys to  submit a writ of habeas corpus—the legal system’s document of last  resort—on the basis of newly discovered evidence: the fact that forensic  science is not as scientific as it purported to be at the time of  trial. However, “given the reluctance of judges to ever set aside  convictions with anything less than DNA,” says Neufeld, “I am not as  optimistic as I would like to be despite the fact that there’s a matter  of fairness.”</p>
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<p>One of those exonerated after 15 years in prison  was Roy Brown. He was convicted of murder in 1992 and sentenced to 25  years to life, partly on the basis of a bite-mark analyst who said that  Brown’s teeth matched a wound on the victim “to a reasonable degree of  dental certainty.” The fact that whoever had bitten the victim had six  teeth on his upper jaw—the wound clearly had six impressions—whereas Roy  Brown had only four was “inconsistent,” the analyst admitted, “but  explainably so in my opinion.”</p>
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<p>DNA proved him innocent in 2006.</p>
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		<title>Tyranny Has A Witness</title>
		<link>http://blackapple.org/tyranny-has-a-witness/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=tyranny-has-a-witness</link>
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		<pubDate>Fri, 07 Jan 2011 18:44:59 +0000</pubDate>
		<dc:creator>Beth Schwartzapfel</dc:creator>
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		<description><![CDATA[Meet the man behind Human Rights Watch: Kenneth Roth ’77, who has been leading the group for nearly two decades. ]]></description>
			<content:encoded><![CDATA[<p>January/February 2011</p>
<p><a href="http://www.brownalumnimagazine.com/content/view/2759/40/"><img class="alignleft size-full wp-image-517" title="BAM" src="http://blackapple.org/wp-content/uploads/2011/01/BAM.gif" alt="" width="270" height="120" /></a>On a cold night last fall on the Upper West Side of Manhattan, the marbled lobby of the American Museum of Natural History had been transformed into the setting for a swanky cocktail party. More than 500 people had paid between $1,000 and $100,000 to attend. The museum&#8217;s giant barosaurus skeleton was aglow in purple light, and an hors d&#8217;oeuvres buffet featured dishes from around the world served up in copper and ceramic tureens. One cocktail waitress carried a bar chime around the room, sweeping it with a stick at regular intervals to wash the crowd with a sound like falling water.</p>
<p>The occasion was the first of fifteen Human Rights Watch &#8220;Voices for Justice&#8221; dinners, whose purpose is to honor &#8220;those who speak out where there is silence.&#8221; This year the nonprofit organization was honoring Egypt&#8217;s Hossam Bahgat and China&#8217;s Liu Xiaobo. It&#8217;s been something of a dizzying few months for Human Rights Watch, which is in the process of doubling in size after the billionaire philanthropist George Soros in September had given the group his largest single gift yet: $100 million.</p>
<p>For the past thirty years, the purpose of Human Rights Watch has been, according to its website, &#8220;to hold oppressors accountable to their population, to the international community, and to their obligations under international law.&#8221; Although it is based in New York City, Human Rights Watch has offices all over the world and is likely to have more soon, thanks to Soros&#8217;s gift.</p>
<p>Unlike its more visible cousin, Amnesty International, which operates by rallying its mass membership around such actions as letter-writing campaigns, Human Rights Watch is particularly adept at using the press to expose systematic human rights abuses and at exerting direct pressure on policymakers and government officials. Its success is based on combining emotional outrage with a meticulous devotion to factual accuracy.</p>
<p>The group issues an annual &#8220;World Report&#8221; on human rights, which often generates a great deal of media attention, and follows it up with a steady stream of reports documenting specific rights abuses. In the first half of December alone, for example, Human Rights Watch issued reports on attacks on teachers and schools in Pakistan, on the year&#8217;s abuses against migrant workers throughout the world, on the overuse of violence by Indian troops on the border with Bangladesh, and on the excessive time spent in New York City jails by nonfelony defendants awaiting trial. It has been called the greatest nongovernmental organization since the Red Cross. In a largely critical article last year about the group&#8217;s repeated emphasis on what it sees as human-rights abuses by Israel, the <em>New Republic </em>conceded that Human Rights Watch &#8220;is widely considered the gold standard in human rights reporting—an organization whose conclusions nobody can afford to ignore.&#8221;</p>
<p>For twenty-five of its thirty years, one of the people most responsible for shaping Human Rights Watch has been Kenneth Roth &#8217;77. As the group&#8217;s executive director for almost eighteen years, he has both presided over and been a catalyst for the transformation of human rights work from an idealistic pastime into a legitimate profession. &#8220;Human rights has moved from being a slightly marginal idealistic way of viewing the world—well-meaning activists who didn&#8217;t always achieve a huge amount—to being a much more professional enterprise,&#8221; says Iain Levine, Human Rights Watch&#8217;s program director. &#8220;Has Ken played a part in that? Unquestionably.&#8221;</p>
<p>When Roth was hired in 1987 as deputy to then-director Aryeh Neier, he had no professional human rights experience. At the time, Roth says, the idea of getting a job in human rights was almost unheard of, and foreign policy professionals tended to view human rights activists as well-intentioned amateurs. &#8220;When I hired Ken,&#8221; Neier recalls, &#8220;the Reagan administration was still in office. Reagan had started out in 1981 disdaining the focus on human rights of his predecessor Jimmy Carter. He shifted ground fairly early, and adopted a concern with human rights, but very often his appointees questioned the reporting by NGOs on factual grounds.&#8221;</p>
<p>In response, the groups that would later combine to form Human Rights Watch developed an almost religious devotion to factual accuracy. Helsinki Watch began in 1978 to monitor the Soviet Union&#8217;s compliance with the civil rights portions of the Helsinki Accords. The 1980s saw the founding of a number of &#8220;watch groups&#8221; around the world—America Watch, for example, monitored the various regimes in Central America—which eventually became known as &#8220;The Watch Committees.&#8221; All these groups merged in 1988 to form Human Rights Watch.</p>
<p>By the time Roth took over from Neier as executive director in 1993, Human Rights Watch had sixty employees and a budget of $7 million. The organization has since grown to employ 300, with offices in fourteen cities around the world, staff in ninety countries, and a budget of almost $50 million. &#8220;I probably would never have been hired if I had showed up at the door today,&#8221; Roth admits.</p>
<p>Roth has overseen the organization&#8217;s &#8220;professionalization,&#8221; demanding expertise and accuracy in all things. He pronounces words precisely. He can call a dizzying array of facts to mind and synthesize complex information on the spot. With long, spindly fingers, dark hair parted on the side, and plain, silver wire-rim glasses, Roth is &#8220;slightly geeky,&#8221; as one of his colleagues affectionately describes him, with a &#8220;slightly geeky sense of humor. He&#8217;s not warm and fuzzy. He&#8217;s kind of more sharp-edged.&#8221; His longtime friend Anthony Romero, the executive director of the American Civil Liberties Union, says, &#8220;He&#8217;s one of the great humanists. He believes in the dignity of the human experience.&#8221;</p>
<p>Roth recently spent the afternoon in a plush wood-paneled room at Yale Law School, which he attended after earning his AB in history at Brown. Over the course of two hour-long talks and two wide-ranging question-and-answer periods, he looked relaxed. He easily discussed topics like the military and political circumstances of the war in Eastern Congo, the election in Burma, the relative effectiveness of different types of sanctions, the European Union&#8217;s internal politics, the moral implications of anti-imperialism, the Lisbon Process, the &#8220;scorched earth&#8221; approach of the Sri Lankan government in its war with the Tamil Tigers, the African National Congress&#8217;s sentiment toward the International Criminal Court, India&#8217;s foreign policy toward Burma and Sri Lanka, China&#8217;s self-image with regards to mass atrocities, the difference between the apartheid divestment strategies of the 1980s and similarly inspired corporate divestment movements today, the UN Global Compact, and the reason the Obama administration has not yet closed the prison at the Guant√°namo Bay detention camp.</p>
<p>Roth also is the guiding sensibility for the &#8220;World Report,&#8221; which summarizes human rights in the ninety countries and territories where the organization works. Roth&#8217;s introduction synthesizes the group&#8217;s work for that year around a theme. At the press conference where he releases the report, Roth usually draws from his essay to describe some of the organization&#8217;s major initiatives and then takes questions.</p>
<p>&#8220;He could be asked about any one of ninety countries,&#8221; Iain Levine says. &#8220;I&#8217;ve never heard of him screwing up—getting the wrong country, the wrong issue, the wrong leader. I always think, <em>How on earth?</em> It makes him a very authoritative figure. When you can demonstrate that level of mastery of the subject matter, people do sit up and take notice.&#8221;</p>
<p>Each week, Human Rights Watch publishes two reports, which can sometimes run to hundreds of pages, and about a dozen shorter bulletins. This &#8220;naming and shaming&#8221; is at the heart of the organization&#8217;s strategy: identifying and describing, in excruciating detail, human rights abuses around the world.</p>
<p>In Human Rights Watch&#8217;s October 2010 report &#8220;Beaten, Blacklisted, and Behind Bars: The Vanishing Space for Freedom of Expression in Azerbaijan,&#8221; for example, Afgan Mukhtarli, a photographer for an Azerbaijani newspaper, describes his beating while covering a political demonstration in that country: &#8220;That&#8217;s when about twenty policemen attacked me,&#8221; he is quoted as saying. &#8220;Four of them twisted my arms and made me kneel, as others kicked and beat me. They broke my right wrist and left knee. They were cursing me and my newspaper and kicking with their boots, which had iron heels.&#8221;</p>
<p>To compile such reports, Human Rights Watch recruits researchers who speak the languages of the countries where they work. These staffers may spend years gaining the trust of local activists and human rights groups to collect sensitive information. Nothing is published without independent verification.</p>
<p>&#8220;Ken has a tremendous commitment to making sure that we get the facts right,&#8221; says Levine. &#8220;And that we document the facts in an objective, dispassionate way. It doesn&#8217;t mean you can&#8217;t be passionate about human rights activism, but in the documentation of it, it had better be rigorous, methodical, objective.&#8221; The reports, Roth says, are &#8220;material of the caliber that you would find in the top newspapers around the world, material that the major foreign ministries would be reading. We need to be operating at that level.&#8221;</p>
<p>Still, Human Rights Watch is not just a publishing company, Roth is fond of saying. The group uses its research as the basis for a wide range of diplomacy and activism, in some places applying quiet pressure behind the scenes, and in others shaming by creating an &#8220;intense press spotlight,&#8221; as Roth describes it: &#8220;Governments will go to great lengths to avoid a PR problem that won&#8217;t go away.&#8221; Staff members work with the press to frame and publicize human rights issues and to provide information to the UN and the International Criminal Court. In addition, they may help set up tribunals and negotiate the deployment of peacekeeping forces or bring pressure on governments with particular influence over the targeted country.</p>
<p>&#8220;It&#8217;s not enough to be right,&#8221; Levine explains. &#8220;You have to find a way of convincing either the perpetrators or those whose actions or inactions facilitate the human rights violations to do something different. Ken thinks very strategically about how you go from identification of the violations and the violator to bringing the pressure that will change the situation.&#8221;</p>
<p>In many countries, human rights are narrowly defined, and so the group also tries to broaden what&#8217;s considered abuse. In May 2001, Roth and his colleagues got word of the case of fifty-two Egyptian men who were arrested aboard a floating gay nightclub called the Queen Boat. The men were charged with &#8220;habitual debauchery,&#8221; &#8220;obscene behaviour,&#8221; and &#8220;contempt of religion,&#8221; and were beaten and tortured by the Cairo police. But when Human Rights Watch called for a protest, the local human rights organizations objected.</p>
<p>&#8220;They said this wasn&#8217;t a human rights violation, this was immoral conduct,&#8221; Roth recalls. &#8220;When we probed a little further, we realized what they were most worried about is that the Egyptian government would discredit them for taking on an issue that was broadly seen as immoral, and that their bread-and-butter work would be compromised if they took on gay rights. We had to develop a strategy to try to get Egyptians to think of gays as having rights the same way everybody else does.&#8221;</p>
<p>So Human Rights Watch published two reports in rapid succession focusing on torture in Egypt. &#8220;Egypt&#8217;s Torture Epidemic,&#8221; released in 2004, focused on the beating and torturing of ordinary Egyptians accused of crimes. This report, Roth says, &#8220;was deliberately issued to set the stage&#8221; for the next one, which came out less than a week later. &#8220;In a Time of Torture&#8221; documented &#8220;the government&#8217;s increasing repression of men who have sex with men.&#8221; Roth explains: &#8220;We presented the reports one after the other, and tried to highlight the fact that everybody is vulnerable to this. You can&#8217;t allow one category of victim without risking other categories of victims. By portraying it as an issue of torture, rather than explicitly gay rights, we made progress.&#8221;</p>
<p>Human Rights Watch is not without its critics. In particular, the group&#8217;s work targeting human rights abuses by Israel has drawn criticism from those who detect an anti-Israel bias. In 2009, the group&#8217;s very founder, Robert Bernstein, wrote in a <em>New York Times</em> editorial that the organization &#8220;has been issuing reports on the Israeli-Arab conflict that are helping those who wish to turn Israel into a pariah state.&#8221; Bernstein drew a distinction between &#8220;closed&#8221; and &#8220;open&#8221; societies and argued that &#8220;at Human Rights Watch, we always recognized that open, democratic societies have faults and commit abuses. But we saw that they have the ability to correct them—through vigorous public debate, an adversarial press and many other mechanisms that encourage reform.&#8221;</p>
<p>Last spring, the <em>New Republic</em> picked up the argument in an article by Ben Birnbaum that included interviews with Bernstein and other dissenting Human Rights Watch directors. In response, Kathleen Peratis, a self-described Zionist and longtime Human Rights Watch board member, wrote to the magazine: &#8220;There is no bias against Israel at Human Rights Watch, except in the minds of those who erroneously believe Israel is harmed by honest criticism. Far from harming it, I believe this work strengthens Israel.&#8221;</p>
<p>For his part, Roth says Bernstein &#8220;was arguing that we should not report on Israel because Israel is an open society. And my two-word answer to that is: George Bush.&#8221; Under the Bush administration, Roth argues, the United States &#8220;was an open society that committed serious abuses, and therefore we reported extensively on it.&#8221;</p>
<p>When asked what first piqued his interest in human rights, Roth points to his father. To keep his four children still while cutting their hair, Walter Roth used to tell funny stories about his German childhood. At first, the stories focused on the delivery horse at the butcher shop run by Walter&#8217;s father in Frankfurt. The kids called them Bobbi stories, after the name of the horse.</p>
<p>As the children got older, the stories got more serious. The suburban Chicago town where they lived was a world away from the life in Nazi Germany that Walter had fled a few decades before. He served on the local school board and worked as chief technical officer at an electronics corporation; his wife taught high school math. But while he cut the hair of his oldest son, Kenneth, he spoke about, &#8220;the evil that governments are capable of.&#8221;</p>
<p>Similarly, Roth got early lessons in how to negotiate for change. Once a week the Roth parents and their children met for Family Council, where complaints were aired. &#8220;There were four children,&#8221; Walter Roth recalls, &#8220;and they had an equal vote, so they could outvote us on anything.&#8221; The Roths took Family Council very seriously. Any arguments during the week, no matter how small—tiffs over television shows, bedtimes, allowance—were referred to Family Council for resolution. There was a rotating chairmanship, and motions were all logged into a book and numbered.</p>
<p>&#8220;But then there was a discussion before [the children] voted,&#8221; Walter says. &#8220;In the discussion, they learned that you have to listen to both sides.&#8221; The kids all became &#8220;little politicians,&#8221; too, negotiating in advance of Family Council to win votes.</p>
<p>Not surprisingly, when Kenneth Roth arrived at Brown he quickly became an activist. He participated in the 1975 takeover of the University Hall organized by minority groups in protest of proposed financial aid cuts. (&#8220;Blacks Beat Brown&#8221; read a headline in <em>Time</em>.) He volunteered with a prisoner advocacy organization and visited each week with inmates at Rhode Island&#8217;s Adult Correctional Institute.</p>
<p>A history concentrator, Roth was fascinated by political philosophy and theory—the &#8220;morality of public policy,&#8221; as he describes it. From his political science and philosophy classes he learned that &#8220;it&#8217;s not enough to cite the law.&#8221;</p>
<p>&#8220;Laws have to be principled to be effective,&#8221; he says. &#8220;What really matters are public norms of behavior—the public&#8217;s sense of right and wrong.&#8221; Even today, says program manager Iain Levine, Roth has &#8220;a very very strong commitment to moving beyond policy prescriptions to how you tell the story,&#8221; how you generate enough outrage to &#8220;mobilize political and public pressure&#8221; to get policy prescriptions implemented.</p>
<p>&#8220;Whether there&#8217;s a law prohibiting that practice or not is less important than whether the outrage exists,&#8221; Roth says. &#8220;Because we can build on the outrage to create a law.&#8221;</p>
<p>After Brown, Roth went on to Yale Law School. He had a sense that he wanted to pursue some combination of teaching, criminal law, and international law. &#8220;There was one human rights course at Yale at the time,&#8221; he recalls. &#8220;I dutifully signed up for that course each year for three years, and each year they cancelled it. So I had no training whatsoever. To make matters worse, when I graduated there were no jobs in human rights. Human Rights Watch had just started. It had two employees. Amnesty International was also tiny.&#8221; So he clerked for a year, then joined a private law firm while volunteering nights and weekends for the Lawyers&#8217; Committee for Human Rights. &#8220;I was a kid&#8221; he says, &#8220;who walked in and said, &#8216;I&#8217;d like to do something.&#8217;&#8221;</p>
<p>Roth had been volunteering for only a few months—he had represented one Haitian asylum seeker—when martial law was declared in Poland. &#8220;And even though I didn&#8217;t speak Polish, and had never been to Poland, they said, &#8216;You take care of it,&#8217;&#8221; Roth recalls. &#8220;So I started reporting on events in Poland and ultimately traveled there. It&#8217;s almost embarrassing when I think back to how na√Øve the whole movement was.&#8221;</p>
<p>After a stint as a prosecutor at the U.S. Attorney&#8217;s office for the southern district of New York and a staffer for the Iran-Contra investigation in Washington, Roth was hired in 1987 to work at The Watch Committees. &#8220;I was actually hired because Haiti was blowing up,&#8221; Roth says, &#8220;and the people who did the Latin American work didn&#8217;t speak French. I did, so they hired me, even though I had no experience with Haiti other than having represented that asylum seeker. That first election I went to cover, the army decided to blow it up by shooting everybody they could find until they cancelled the election. That was my first investigation.&#8221;</p>
<p>At the time, human rights work was stymied by the limits of communication. &#8220;The pace used to be glacial,&#8221; Roth recalls. &#8220;Amnesty, in the early days, literally wrote letters to verify: &#8216;Dear so and so, we understand your brother is in prison. Could you please verify the following?&#8217; And mail it to Guatemala. And wait two months for it to come back. Maybe.&#8221;</p>
<p>The explosion of new technologies has transformed human rights work under Roth&#8217;s watch. &#8220;Today, our aspiration is real-time response,&#8221; he says. &#8220;If something happens, we want to respond that same day within the press cycle. You can only do that with modern technology.&#8221; Phone calls are cheap, and satellite phones are available for researchers in remote areas without cell phone towers. Colleagues in places as far-flung as Congo and Brussels and Moscow can use video-conferencing technology. Satellite photographs help researchers verify and quantify events.</p>
<p>Researchers in dangerous areas have begun using smart pens; a tiny camera near the point of the pen records their handwritten notes onto a flash drive inside the pen. &#8220;So you can throw away your notes, and you can just download from the pen what you wrote and reconstruct it later,&#8221; Roth says. &#8220;If you&#8217;re stopped at a checkpoint, you don&#8217;t have anything on you. That&#8217;s a big concern in certain war zones.&#8221;</p>
<p>Along with the rise in modern technology has come the accompanying decline in traditional media outlets, &#8220;our biggest magnifier,&#8221; Roth says. Human Rights Watch has adapted by keeping up an active, easy-to-navigate website from which reports can be instantly downloaded. &#8220;At one time,&#8221; Levine says, &#8220;you went, you did your report, you came back and you issued a press release and you did a bunch of meetings. Now we have so many more ways of getting the story out.&#8221;</p>
<p>For television stations, Human Rights Watch makes video clips and interviews available. &#8220;If we don&#8217;t give them the video,&#8221; says Roth, &#8220;they are not going to run the story.&#8221; For radio stations, the organization offers broadcast-quality podcasts. &#8220;They don&#8217;t even have to do their own reporting,&#8221; Roth says. &#8220;They just plug our three-minute segment onto their radio stations.&#8221;</p>
<p>George Soros&#8217;s $100 million gift is crucial to the group&#8217;s newest strategy of having staff and bases in more and more places around the world. &#8220;When we started out, our first focus was on influencing United States government policy,&#8221; says Roth&#8217;s former boss, Aryeh Neier, who now heads the Open Society Foundations. &#8220;We wanted to leverage the power of the purse and the influence of the United States for the human rights cause. But the world has changed. The United States does not play the same dominant role internationally that it played previously.&#8221;</p>
<p>The Soros gift will allow Human Rights Watch to almost double its annual budget, to $80 million, and to open offices in major non-Western capitals with emerging international importance. In the last year, new offices have opened in Tokyo, Johannesburg, and Beirut, and others are planned for Delhi, Nairobi, Bangkok, and Brazil. &#8220;I&#8217;m afraid the United States has lost the moral high ground under the Bush administration, but the principles that Human Rights Watch promotes have not lost their universal applicability,&#8221; Soros told the <em>New York Times</em>. &#8220;So to be more effective, I think the organization has to be seen as more international, less an American organization.&#8221;</p>
<p>Roth, Soros, and the thousands of donors whom the organization wined and dined this winter are betting that the new office in South Africa will be a better vantage point than Washington, D.C., or Paris from which to negotiate with Zimbabwe. They&#8217;re sure that the relationships their staff creates with the Indian government from an office in Delhi will give them improved leverage in such countries as Burma and Sri Lanka.</p>
<p>After all, Roth says, &#8220;governments behave better when they&#8217;re watched.&#8221;</p>
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