Oct. 1: Juvenile Held Three Years Without Trial At Rikers

Kalief Browder

If you are the parent of a non-white male, get them familiar with the legal process LONG before they may have to encounter it: starting in pre-school would help. That’s because, according to author and educational consultant Jawanza Kunjufu, our sons stop being ‘cute’ and start becoming ‘intimidating’ and ‘at-risk’ around the age of eight (in the eyes of white authorities and law enforcement). Ignorance of the law is NEVER an excuse, especially for them/us, so teach them protocol about how to behave when approached, what to say and what to omit when questioned and to ALWAYS DEMAND AN ATTORNEY AND USE THEIR RIGHT TO REMAIN SILENT. It may not always prevent abuse, but it might prevent atrocities like these from happening less frequently.

“Browder’s family could not afford to hire an attorney, so the judge appointed a lawyer named Brendan O’Meara to represent him. Browder told O’Meara that he was innocent and assumed that his case would conclude quickly. Even the assistant district attorney handling the prosecution later acknowledged in court papers that it was a “relatively straightforward case.” There weren’t hours of wiretaps or piles of complicated evidence to sift through; there was just the memory of one alleged victim. But Browder had entered the legal system through the Bronx criminal courts, which are chronically overwhelmed.

Last year, the Times, in an extended exposé, described them as “crippled” and among the most backlogged in the country. One reason is budgetary. There are not nearly enough judges and court staff to handle the workload; in 2010, Browder’s case was one of five thousand six hundred and ninety-five felonies that the Bronx District Attorney’s office prosecuted. The problem is compounded by defense attorneys who drag out cases to improve their odds of winning, judges who permit endless adjournments, prosecutors who are perpetually unprepared. Although the Sixth Amendment guarantees “the right to a speedy and public trial,” in the Bronx the concept of speedy justice barely exists.” (The New Yorker)

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