Showing posts with label Solitary Confinement. Show all posts
Showing posts with label Solitary Confinement. Show all posts

Saturday, January 10, 2015

An Inconvenient Truth

“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” 
― Montesquieu, The Spirit of the Laws


Reginald Cornelius Latson
During the entire tragic ordeal of Reginald Cornelius "Neli" Latson the quote above often revisited my mind. It has taken up permanent residence in my heart. Only when I heard the grand jury verdict for the Eric Garner case did I feel as shocked and defeated as I did when I heard that Mr. Latson had no choice but to plead guilty to felony assault for an incident that should not have occurred  because he had no business in the corrections system in the first place. This despite the stellar efforts of the outstanding attorney championing him. The miscarriage of justice here is breathtaking. How much more harm will be done to this young man before he gets the help he needs?

It is time to appeal to Governor McAuliffe to do the right thing and grant Reginald Latson a pardon.

I am  humbly asking everyone to please sign this petition:

https://www.change.org/p/pardons-department-grant-a-pardon-to-reginald-cornelius-neli-latson

On Thursday, Neli Latson pleaded guilty to felony assault for a scuffle that took place while he was being transferred to a "suicide watch" cell in prison. He was in psychiatric crisis and suicidal.  It is the latest in a long series of wrongs done to him by a system that is criminalizing behavior beyond individual control. Just to be clear: Mr. Latson was suicidal, decompensated, and in severe psychiatric crisis. He was being forcibly moved to a cell when a scuffle occurred. Only Mr. Latson was seriously hurt. He was shot with a Taser and bound in a restraint chair for hours. After which he was charged with felony assault by prosecutor Eric Olsen. He charged Mr. Latson for something that occurred during the throes of a major mental health crisis.

Matthew Ajibade photo credit
 https://pbs.twimg.com/media/B66cc8gCEAAWD0S.jpg:large
A heartbreaking side note about restraint chairs in the criminal justice system: 22-year-old Matthew Ajibade of Savannah, Georgia, died in police custody bound in a restraint chair on New Year's day. Mr. Ajibade was bipolar and the police were tasked with escorting him to the hospital. They were given his medication and per the police report informed regarding the dosage. How he ended up dying in bound restraint in solitary confinement at the Chatham County Detention Center is another day's horror story. Current reports do not have sufficient detailed information to tell us why he was not taken to the hospital. Mr. Ajibade's death is the latest example of why neurodivergent people in general and mental health consumers in particular who intersect with the criminal justice system while in crisis need to be promptly released to health crisis centers rather than having public servants whose job is not to manage mental health crises place people in bound restraint chairs and into solitary cells. Matthew's story can be read here.


Back to the incredible tragedy of Neli Latson, who, as Ruth Marcus alluded,  prosecutor Eric Olsen pursued as zealously as Les Misérables Inspector Javert pursued Jean Valjean.

Quoting Ms. Marcus's Washington Post article:

"That charge is being brought by the second, deliberate obstacle to transferring Latson from prison to treatment: Stafford County prosecutor Eric Olsen, Virginia’s answer to Inspector Javert. Latson’s intellectual disability, Olsen has argued in court, is “an aspect of convenience. When his advocates want him to be ( ableist slur redacted), he is.”

Here is some inconvenient truth. Intellectual disability is not "an aspect of convenience". The degree of anyone's individual disability constellation may not be apparent, but the cost being paid by those individuals with diverse neurologies during crises is too high.

I am quite certain Tario Anderson wanted to understand why a painfully bright light was being shined on him and why he was shot with a Taser and arrested. Like my young son, he is a nonverbal autistic, and was therefore unable to respond by speaking to any police demands. There is no "aspect of convenience" here.  Mr. Anderson, Mr. Ajibade, and Mr. Latson wanted to be understood. Who would want to be shot with a Taser, or arrested and placed in bound restraint?

Prosecutor Olsen denying that Mr. Latson's disabilities are impacting his ability to respond appropriately make it painfully clear that criminal justice autism training in Virginia needs to happen quickly. Authorities lack any understanding of communication differences like echolalia, scripting, auditory processing disorders, and sensory issues that directly impact an autistic adult under high stress regardless of how they communicate. That is scary because the next Mr. Latson, Mr. Ajibade, or Mr. Anderson  could happen at any future date.

Mr. Olsen used an ablest slur for intellectual disability in open court. I cannot wrap my head around the idea of someone who is a member of the Virginia bar and a prosecuting attorney of his standing being ignorant of Rosa's Law, since the law has been in effect since October 5, 2010.  So I can only conclude that again, Mr. Olsen has a great deal of inconvenient truth to learn about disability. This language in open court also implies a bias that is disturbing and bodes ill for any disabled person who crosses Mr. Olsen's path.

The statement " He is a person with autism that also has this hate, this racial hate and this hate for law enforcement" is belied by the testimony and letters of people who were part of  Neli's life before that awful day he went to the library and found it closed. So the preponderance of the evidence belies his statement that Mr. Latson has either racial hate or hate for law enforcement. What each incident involving Mr. Latson does show is authorities are not understanding the needs of disabled people. How can someone conflate mental health crises with racial hate? When you spend all your time hammering prosecutions, I guess every accused looks like the same nail.

I do not believe Mr. Latson can take much more of this. Please help appeal to Governor McAuliffe to pardon Neli and allow him to receive the urgent treatment and supports he needs.


#FreeNeli

The Autistic Self Advocacy Network Calls for Pardon for Neli Latson:  http://autisticadvocacy.org/2015/01/asan-calls-for-pardon-for-neli-latson/

Updated  Bazelon statement about the plight of Reginald "Neli" Latson: http://www.bazelon.org/News-Publications/Statement-on-the-Plight-of-Reginald-Latson.aspx

Information on Neli: http://www.thearcofva.org/advocacy/current-advocacy-issues-and-activities/reginald-neli-latson/


The death of Matthew Ojibade: http://www.alternet.org/news-amp-politics/savannah-man-dies-restraining-chair-while-police-custody#.VK9fMV9UjZc.twitter


 Marcus, Ruth. "Why Is Reginald Latson Being Denied the Help He Needs?" The Washington Post 29 Nov. 2014. Web. 8 Jan. 2015. <http://www.highbeam.com/doc/1P2-37441317.html?>.


Sunday, November 16, 2014

Making Neli Latson Matter: The Invisible Intersected Black Members of The Autism Community

I have been haunted by the case of Reginald "Neli" Latson, a victim of racism and ableism for four
Neli Latson in 2010
years.  His case has taken a grisly turn. He attempted to take his own life, barricading himself in a room of the group halfway house where his abuse had become intolerable. He is now locked in what is in essence solitary confinement (he was taken out of straight solitary and is now in isolation with suicide monitoring) in a Virginia prison.

Solitary Confinement is torture.

According to the definition of torture under 18 U.S.C. §§ 2340–2340A :

1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from
     (A) the intentional infliction or threatened infliction of severe physical pain or suffering;
     (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
    (C) the threat of imminent death; or
    (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality;

Any research into the effects of solitary confinement on any human being will quickly make it clear that solitary confinement, regardless of the reason it is being done, is torture.

If you are anyone who is Black in America, you know the sequence of events that results in arrests for Black males. There is no rise in social class, no degree of education, no party affiliation that can save your sons, spouses, fathers, friends, from this. It is part of the racism that we live with. It is the fear we carry. You cannot train a human being to not abuse power. You cannot foresee the hate in a person's heart. You cannot tell if a man is a bigot if you are white. Your race is not the one such a person holds in enmity.  Not three days ago I was asked to describe disparities in the way healthcare was delivered to my son when I was with him. When I described an incident, the interviewer said "are you sure it was racism?" Probably the worst thing you can ask someone like me, who lives with racism everyday, is if I am sure it was racism. In the past, when I was a younger and more patient person, I would insist that people who asked me that question simply come to a mall with me and lag behind me as I walked through stores and watch my interactions and what was done when I entered shops. The shame they felt as they watched security guards and staff follow me from aisle to aisle to insure I wasn't stealing anything was enough. Yes I am sure it was racism.

Reginald Neli Latson
Tell me how do I explain to such a person that the problem with Neli Latson is not simply "autism causing him to act out"?  How will they understand that there is a world in which the color of one's skin is enough to get an arrest record whether one commits a crime or not? How to hammer home that all of this combined with a bigot who called 911 as a "concerned citizen" saw a black man in a hoodie waiting for the public library to open and decided to lie and say they saw a gun doomed Neli before he ever encountered that school resource officer? Because I've tried. And they just can't leave the world they live in long enough to understand this one.

Their world is comfortable and safe. They don't have to do anything but mumble words of sympathy because they are so confident it won't happen to their autistic child. Why should it? They are sure their social position, income, and race keeps their children safe. They forget something very important. Neli Latson would not have come to this horrible pass had he not also been autistic. This disaster is the intersection of autism, ableism and racism colliding with the school to prison pipeline. See everyone who is poor in Black America prepares their son for that moment. They teach them the social cues and red flags. They tell them to have a way to make that phone call and an understanding that they will be harassed by police at some point.  But autism parents are told they need to teach compliance and concrete ideas about police to their autistic children. It gives autism parents a false sense of security about their teens encountering police.

 Every autism parent who  secretly thinks a police training course,  safety movie,  who they know,  their race or wealth will keep this from happening to their child can think again. Ableism is as obvious in this case as racism. Neli was a popular student,  well known in the area and that is why he was able to walk to the library alone without prior incident. But the person who called 911 that day was tired of seeing the Black autistic kid waiting for the library to open. Black and neurodivergent was just too different for tolerance. The fact that to this day, the caller's identity is hidden is very damning.

Neli did not understand the intersection of racism and abuse of power. He understood the rules of police engagement and was taught that everyone had rights under the law. That of course does not leave room for how to react when racism places a black body in jeopardy. No one told him that Black males are routinely harassed by police and if the officer doesn't like the look of them, they will arrest them on any excuse. Neli wasn't taught what to do if the police should continue to escalate or try to incite an act that might result in an arrest. He was not told to remain passive even if insulted, beaten or arrested even if he had done nothing wrong. He reacted as he did in high school wrestling matches when set upon. This reaction destroyed his life.

For four years, I have felt like I've been in a nightmare where I scream and people see my mouth move but no sound is heard. No matter what I did or do, no one sees or hears Neli.  Neli's former attorney was ignorant of autism so the defense was a disaster as it in fact supported the case that autism makes Neli dangerous.  The Washington Post at one point flipped its initial  and recent balanced coverage of the case to support this incorrect perspective of the "dark side of autism" complete with parent interviews.  The presentation of the unfortunate defense case opened the way to a 25 year sentence. Autism organizations used Neli's case as a cautionary tale of the evils of not using  early intervention where "therapy" means compliance training through ABA and then promoted their own first responder training materials.

I have been unable to make all of this injustice felt to organizations, advocates, and activists. They don't get that arrests for no reason, stop and frisks, and any number of incidents are regular issues that those who are Black and poor learn to prepare for, but when one is Black and neurodivergent, may not be able to process, even with parental help. Add to this something else well known in services circles and you have Neli's recipe for disaster. Parents are told the dirty little secret to getting a rapid placement for your autistic adult child who has aged out of the education support system in times when no available placements exist is to document proof that the young adult is a danger to himself and others. "Call the police", they tell parents. Have documented proof they need immediate placement and social services will have to step in.

I have been unable to stem that tide. Parents do this never thinking that in their rush to get this large autistic adult off their hands they may be setting that person up for a lifetime of suffering. In the end that is what happened to Neli. He ended up having a prior incident, as happens with many young autistic males growing up, where police were called and should not have been called. Then the catastrophic encounter with a school resource officer when all he wanted was to go to the library. He was Black. He was wearing a hoodie. He did not know the script for reacting to racism in an authority figure who could incarcerate him. He does not know what is happening to him now.

As I have written before, great demands are placed on those of us who are Black activists for content, supporting presentations, speaking out about racism, intersectionality and ethnicity by organizations and groups, but when our disabled loved ones are in desperate need of help they are silent and absent. Neli needs help now. If I have been a good ally to cross disability causes and other marginalized groups I expect that when one of us is the victim of injustice allies will step up for them. If they don't that tells me that they won't be there for my family either. When we activists of color step away from organizations, communities and groups where others feel we are underrepresented, those stakeholders should look in the mirror. Neli Latson could be my son or anyone's son. Not helping him is akin to turning your back on all Black disabled children, adults, and their families.

The Autistic Self Advocacy Network decided to step up and try to help Neli. You can read about their efforts here. They are one of the very few autism or disability rights organizations that seems to give a damn. So many disability rights advocacy organizations are filled with attorneys who won't touch this. Shame on them! They have no right to call themselves advocates of the disabled if they turn their noses up at defending Neli. It makes them part of the systemic erasure of intersected Black disabled males who are victims of a criminal justice industrial complex they cannot avoid or be free from without help. What do these people do? I see them hobnobbing with congressmen and senators. In the meantime God knows how many Neli's are deteriorating in prisons across this country. Isn't it time disability rights advocacy organizations and advocates join with organizations like Solitary Watch and add  ending solitary confinement, humane conditions and therapeutic supports for neurodivergent prisoners to their diversity related national agendas? Shouldn't their attorneys be fighting for this? No organization can insist they represent us or our children unless they address this urgently. 

Anyone who isn't making an effort to help Neli does not speak for of Black disabled people or their families. That is my position. Wonder why I don't respect your organization? That is why.  When you make Neli and so many others like him matter, you'll matter to me. Otherwise, lose my email address and don't put your hand out for my money every December and my voice, support, and content year round.

#FreeNeli