The most effective way to fight violence in schools is not the widespread "zero tolerance" model. Thankfully, Clayton County, Georgia, may have the perfect solution.
Imitation is the highest form of flattery. But liberal groups who want to counter the Federalist Society have no wish to flatter; they hope to engage liberal law students in a broad battle against the conservative legal movement.
On July 30 a cast of heavy hitters kicked off the American Constitution Society (www.americanconstitutionsociety.org), which grew out of an effort at Georgetown Law School to establish a networking and intellectual base for centrists and progressives. Speaking to loud cheers and standing ovations at Georgetown were former US Attorney General Janet Reno, NAACP Legal Defense and Educational Fund president Elaine Jones, former judge Abner Mikva, Harvard Law Professor Laurence Tribe and former Solicitor General Walter Dellinger. Judge Stephen Reinhardt, Judge Alex Kozinski's ideological adversary on the Court of Appeals for the Ninth Circuit, flew in from Los Angeles. Since an article appeared about the group in the New York Times in May, the number of law schools with students and professors hoping to open chapters has gone from twelve to eighty. The chapters will begin by sponsoring forums and debates, and lawyers' chapters are set to follow in metropolitan areas.
"One can always puzzle over the timing--where have we been for the past ten years?" said Chris Edley, a law professor at Harvard who is on the board of advisers. Former New York State Governor Mario Cuomo has also agreed to be on the board. Cuomo says he sees the group as a counterforce to make sure the Constitution is interpreted in a "reasonable" way. "Once you put that much weight on that side of the boat, you better put weight on the other side of the boat," he says. "We're the weight on the other side of the boat. We need to right the boat and keep it even."
Also during the summer, fifty-eight professors and lawyers met in Berkeley to form the tentatively named Equal Justice Society (www.equaljusticesociety.org), which will sponsor discussions on how to protect civil rights. Eva Paterson, the group's founder, who directs the Lawyers Committee for Civil Rights in San Francisco, said she realized the necessity of a coherent response to the right after giving a speech at a convention of black federal judges. "Judges came flying forward," she said. "They said, 'Could you just bring us some theories? We sit there in our chambers and don't have any theories.'" The problem, she admits, is that liberalism is more fractured politically and more complicated judicially; being opposed to government intervention is easier than the messy business of creating government action. The first national conference will be held October 12-13 at Harvard Law School. The host will be Professor Charles Ogletree.
A third organization, the New York-based Institute for Democracy Studies (www.idsonline.org), also plans to establish student chapters this fall "to do detailed research on the conservative legal movement" at New York University, CUNY and Columbia. The chapter at Columbia will be headed by Professor Jack Greenberg, former director-counsel of the NAACP Legal Defense and Educational Fund, who helped litigate Brown v. Board of Education.
On Friday, September 15, four days after the terrorist attacks, an
18-year-old Moroccan boy received an unusual request from his school
guidance counselor: Come see me as soon as you can and bring your
passport. On Monday, well before his 8 am class, the boy climbed the
steps to James Monroe High School in Fredericksburg, Virginia, and
handed over papers showing that his visa had expired. A half-hour later
he was waiting anxiously in the school security office. He didn't know
the police were going to handcuff him and take him down to the station.
"I was upset I had already missed the first period, Virginia
Government," said the young man, who spoke on the condition of anonymity
in a phone call with his lawyer listening in.
Officer Jim Shelhorse, public information officer for the Fredericksburg
police, said the police never suspected the boy of terrorist activity.
And the boy's lawyer says that he had a pending application to extend
his visa, which meant that he was free to be here. But such distinctions
were lost on the police and school. And by the time his visa did expire
on December 4, the boy was already imprisoned in an Immigration and
Naturalization Service (INS) detention center in Arlington, Virginia. "I
am treated like a criminal," he said in a phone interview from the
detention center this winter. "I am with drug dealers and gun dealers.
They are not mistreating me but I am not comfortable."
The way the school guidance counselor turned in this student is just one
example of how, post-9/11, ordinary citizens have become watchdogs
policing the gateways to this country. Whereas the INS used to be solely
responsible for enforcement, others now eagerly participate in that
task. In fact, this activity has been encouraged: Weeks after the
terrorist attacks, the Bush Administration asked people to report
suspicious activity at the same time that it announced plans to use
immigration laws to fight terrorism, giving the impression that
immigration is everyone's business. Then, in December, a month after the
Justice Department asked police around the country to track down and
interview some 5,000 Middle Eastern men, the INS announced it was
placing 314,000 immigrants wanted for deportation on an FBI database
used by nearly all police agencies to check criminal charges. Now even a
local police officer writing a traffic ticket can determine that a
violator is subject to a deportation order and presumably make an
arrest. And on January 31 President Bush announced the creation of a
national volunteer agency called Citizen Corps to engage "ordinary
Americans" in reporting suspicious activity to the authorities. The
government will also expand the "Neighborhood Watch" program, in which
people report their neighbors' suspected terrorist connections.
As critics point out, when ordinary citizens or the police and FBI do
the INS's work, they don't know what they are doing. The result is both
inefficiency and discrimination. "It discourages immigrants from
providing information when they are the victims," said Lucas Guttentag,
director of the ACLU's Immigrants' Rights Project. "And it creates this
population that is exploited, denied protections of the law to the
detriment of society as a whole." The problem isn't new. In 1997 the
police in Chandler, Arizona, conducted a sweep of illegal immigrants as
part of an effort to "beautify" the rumpled agricultural town. Working
with the Border Patrol, police approached people on the street based on
the "lack of personal hygiene" and "strong body odor common to illegal
aliens," according to police reports leaked to the press. Police then
asked to see ID and immigration papers. Among the 432 people caught in
the "Operation Restoration" dragnet were scores of US-born Hispanics who
sued the city for discrimination.
Federal immigration officers undergo a seventeen-week residential
program that includes instruction on how to legally arrest someone on
grounds like fraudulent document production. Lacking such training,
police in Chandler often wrongly concluded documents were fakes and
arrested people anyway. "There has to be a reasonable, particularized
suspicion of wrongdoing," said Stephen Montoya, a civil rights lawyer
who represented the Chandler plaintiffs. "It can't just be because you
speak Spanish." In the case of the high school boy, the school guidance
counselor had little reason to ask for papers besides his national
identity. The boy's lawyers have argued that the school had no
jurisdiction to ask for immigration documents, and that a high school
student can't be denied basic education because he is an undocumented
immigrant. But the immigration judge rejected those arguments. (School
officials declined to comment.)
Legally, the 1996 Illegal Immigration Reform and Immigrant
Responsibility Act makes it easier for law enforcement to collaborate
with the INS and request information from the government. And though the
law doesn't require schools to report immigration violations, "drawing
the line is very difficult for individual citizens," says Peter Schuck,
a Yale Law School professor. In the past, however, courts have struck
down laws encouraging citizens to become INS snitches. California's
Proposition 187, which attempted to recruit social workers and
government bureaucrats to report immigration violators so they would be
denied access to public services, was declared unconstitutional by
Ironically, some of the post-9/11 policies actually obstruct
antiterrorism efforts by discouraging people from cooperating with
authorities. When the Justice Department asked 5,000 Arab-American men
to come forward, it was unclear whether the men were putting themselves
at risk of being turned in to the INS. "That's not a good law
enforcement strategy," said Ben Johnson, associate director of advocacy
at the American Immigration Lawyers Association.
Perhaps even more disturbing, alerting the government because someone
appears swarthy or wears a turban is now considered acceptable behavior.
"What is wrong with calling the FBI?" said Father James Mueller, a
priest in Queens, New York, when I asked if he had any regrets about
making a report on Rafiq Butt, a 55-year-old Pakistani, after neighbors
saw six Middle Easterners go to an apartment he shared with three other
Pakistani men. Butt died in detention of a heart attack. In another
case, on November 13, FBI agents wearing biohazard gear swooped into the
home of two Pakistani men; their neighbors reportedly suspected them of
manufacturing anthrax after they saw them dumping a cloudy liquid (soapy
water from a clogged sink) and handing over a silver canister (a food
dish for a friend) outside their home. The men said they understood.
The Virginia high school student was similarly charitable. He came to
this country by himself last year trying to escape what he would only
describe as discrimination based on his sexual orientation. A Queens
mosque helped him with a place to stay and he eventually met a friend
who offered him his country house in Fredericksburg while he completed high school. He had only attended the school for three days when
he was arrested. "This happened because of one person," he said. "The
majority of people treated me very good. The students were nice. They
showed me the whole school. They were helpful. The math teacher liked
me. It was Algebra II. I had it when I was in eighth grade. I did the
exercises very fast." At press time he was out on bond, living with a
foster family in Washington, working on getting his GED and waiting for
a July asylum hearing. His future plans are to attend college and major
in finance, perhaps in Canada.
On August 21 in Lake Charles, Louisiana, a struggling oil-refinery town on the Texas border, Wilbert Rideau walked to the center of the modern courtroom, hobbled by shackles. The man Life magazine called "the most rehabilitated man in America" lifted up his furrowed brow and looked at the judge. And stillness came over the crowd of mostly elderly blacks, as Rideau pleaded not guilty to a murder committed forty years ago.
Interest in the case lies not in Rideau's innocence or guilt. On numerous occasions he has accepted responsibility for murdering a woman after robbing a bank in 1961. Rideau, 59, received the death penalty, but by an accident of history, lived to become a famous journalist. As editor of a prison magazine called The Angolite, he has won almost every journalistic award and become a national expert on prison life; he's been "Person of the Week" on World News Tonight with Peter Jennings and a pundit on Nightline--all from behind prison bars in Angola, Louisiana. In 1994 Rideau's lawyers, in a last-ditch effort to free him, filed a habeas corpus petition in federal court. In December 2000 the Fifth Circuit Court of Appeals in New Orleans found that the original prosecutor of the case had excluded blacks from the grand jury in blatant violation of the Constitution, and ruled that the state must retry Rideau or release him.
This year Rideau is set to stand trial in the same Louisiana town where he was first convicted forty years ago. Many thought that Lake Charles and Calcasieu Parish would look the other way rather than reprosecute an age-old case with lost evidence and a manifestly rehabilitated defendant. Rideau's lawyers have said he would settle by pleading guilty to manslaughter and walk away with more time served than all but four convicted murderers in Louisiana history. But the state won't offer any deal.
The reason can be found in Lake Charles, a town where redemption may not be possible when a black man kills a white woman. Powerful people in the parish have blocked Rideau's release, whereas other inmates sentenced for similar crimes have received parole. During Rideau's time in Louisiana State Penitentiary in Angola, nearly 700 convicted murderers have been freed. Four pardon boards have recommended Rideau for release--but two governors have denied clemency. "Why Not Wilbert Rideau?" was the title of a 20/20 segment exploring why he has not been able to get parole. "I think he is a con artist," said District Attorney Rick Bryant. "He's a master manipulator of the media and people who have supported him."
The vehemence stems in part from the fact that Rideau is a prosecutor's nightmare. This is the fourth time the parish has tried him. Each time Rideau is convicted, he appeals and exposes shameful structural flaws in how the justice system here really works. And he's doing it again. This past November 29 the Louisiana Supreme Court struck down the parish's process for selecting judges in capital cases, which the court faulted for allowing judge-picking, a practice used by prosecutors to obtain judges favorable to the state. The prosecution had filed its new case against Rideau when the only ball left in the bingolike hopper was the one for Michael Canaday, a white judge who had never before tried a felony. After watching Judge Canaday in court, Marjorie Ross, 68, a retired department store salesperson, said, "I look back forty years ago and things haven't changed. It's because of this." She pointed to her dark-skinned face.
But the new judge, selected "at random" with all seven balls in the hopper, happens to be one Wilford Carter, who is black and was elected from a black district with many voters fixated on this case. It's a boon that has become Rideau's signature--the grace of luck appears just when it seems to have run out. "The fact that I excelled beyond anybody's wildest expectations not only vindicated official decisions but increased the hostility of my enemies," Rideau said in a series of telephone interviews. "Everything I became, everything I have achieved, has been in spite of this unholy force from Lake Charles dedicated to destroying me and denying me the ability to be anything more than the criminal they wanted me to be."
His crime has been hard for the town to forget. According to the original prosecutor, Frank Salter, on February 16, 1961, Wilbert Rideau, then 19, knocked on the door of the Gulf National Bank at closing time. Bank manager Jay Hickman unlocked the door. He knew Rideau as the errand runner at Halperin's, the sewing shop next door, who would fetch sodas for bank employees, until the relationship became too friendly for the whites. "We stopped [asking him for sodas] because he started talking," said victim Dora McCain in her trial testimony, "calling us by our first names. So we just--we just got a refrigerator for the bank." That day, Rideau produced a gun and demanded that Hickman empty the money drawer. Rideau put $14,000 in a gray suitcase (leaving $30,000 on the floor and in coffers) and forced Hickman and two women bank tellers into a car. They drove to a country road in a wooded area, where Rideau lined up his three hostages and began firing. One bullet landed in Jay Hickman's arm. Hickman rolled off into a bayou out of sight. The two women fell to the ground with gunshot wounds. Julia Ferguson, 49, cried out, "Think of my poor old daddy," who lived with her. "Don't worry, it will be quick and cool," Rideau allegedly said before slitting her throat and stabbing her in the heart. Ferguson died at the scene. Rideau approached the other teller, Dora McCain, a pretty twentysomething with a well-known family, who lay face down. He kicked her in the side three times to see if she was dead. When she didn't cry out, Rideau took the car and left. Two state troopers stopped Rideau in his car as he was leaving town. They found the suitcase with the money in the back seat. (Rideau's counsel declined to comment on the facts before trial.)
That year, the first of three all-white, all-male juries convicted Rideau and sentenced him to death. Rideau appealed on grounds that a TV station, KPLC-TV, had secretly filmed the sheriff posing questions to Rideau, who had no access to a lawyer, and aired his mumbled answers as a confession. The US Supreme Court slammed the parish's "kangaroo court proceedings" and found that the broadcast had unfairly prejudiced the jury pool. The Court reversed the conviction and said Rideau could not be tried anywhere within the reach of KPLC. In 1964 at a second trial, in Baton Rouge, the jury deliberated for fifteen minutes before deciding to give him the electric chair. Rideau appealed again, and a federal court overturned his conviction on grounds that the state court had rejected jurors with doubts about the death penalty, in effect stacking the jury with death penalty proponents--a violation of due process. In 1970 at a third trial, in Baton Rouge, the jury took eight minutes to give Rideau the death penalty. His appeals were unsuccessful, and he returned to death row--just in time to benefit from Furman v. Georgia, the 1972 Supreme Court decision that temporarily found the death penalty unconstitutional. As a result, every death-row inmate in America, including Rideau, had his death sentence commuted to life imprisonment.
Rideau won't comment on the crime because he is facing a new trial. But he agreed to talk about the person he was at the time and how he has changed. Though he usually speaks quickly, in perfect sentences, his cadence is deliberate in describing the man he was when he entered prison. "I wouldn't recognize him today," he said. "I was typical in a lot of ways. I was another dumb black, immature, angry. Not even aware that there is a world bigger than me." He says he had a fairly normal childhood, moving to Lake Charles when he was 6. "My home life wasn't the best," Rideau says. "But that doesn't say much because a lot of people's family lives weren't." His problems, he says, began during adolescence. "People used to pass by and they would throw Coke bottles and spit and holler at you," he says. "You could be walking by with your girl and they would call at you talking about you--'Hey nigger, blah blah blah, whatever.'" Rideau knew it wasn't directed at him alone. But he took it as "the end of the world." "I saw whites as enemies responsible for everything wrong with my world. Whites created this bizarre segregated world where racism ruled," he says. In his segregated school, he dismissed the hand-me-down books from white schools, which held forth ideas of "rights" and "how life was so wonderful." Though he had a straight-A average, he quit school in the eighth grade because he saw no use for an education. "I wanted to be a spaceman like Flash Gordon," he says. At 13, he began a series of low-paying jobs and spent most of his time in pool halls and gin joints. "I didn't even know the name of the governor of the state," he said. "I was totally out of it."
Eventually, he became an errand runner in the fabric shop, his last job before being sent to Angola. In prison, he noticed the strange ethics of prison life, starting with white guards who smuggled him novels and science texts. "I read a library on death row," he says. And in a Baton Rouge jail, where he stayed for part of his appeals, Rideau lived in the segregated white section as punishment for leading a "strike" in protest against prison conditions--flooding the commodes and burning mattresses. When Rideau led white prisoners in a strike as well, the prison put him in solitary confinement. And to Rideau's shock, whites began secretly sending him food and kind words. "Whites started taking care of me," he said.
Within the first year of his life sentence, Rideau asked to join the then-all-white newspaper, the Angolite, only to have administrative officials turn him down. "I read in the paper that they couldn't find a black who could write," he says. The rejection stung. Over the past decade, he had penned a book-length analysis of criminality and corresponded with a young editor at a New York publishing house, who tutored him in the art of writing. Rideau rounded up an all-black staff and started The Lifer, which chronicled stories like that of a group of elderly women who brought a truckload of toilet paper to the prison and were turned away. Eventually, the administration put him out of business. "They threw me in the dungeon saying I was advocating insurrection," he says. White prisoners petitioned a black senator to demand Rideau's release from solitary confinement. "Along the way, the whites that I initially saw as enemies befriended me and fought for me, not blacks," he says. "That experience caused hell with the way I saw things."
In 1975, the warden made Rideau editor of the Angolite as part of compliance with a federal court order mandating integration of the segregated Angola prison. A year later a new warden, C. Paul Phelps, arrived and offered to strike a deal. Phelps promised that the Angolite would operate under the same standards that applied to journalists in the free world--he could print whatever he could prove--so long as Rideau would teach him about life at Angola. Over the years, the two men had many philosophical and political discussions. And they ate together in the dining hall. "He told me that like begets like," Rideau says. Phelps permitted Rideau to become a public speaker, a reward for well-behaved prisoners to travel and explain the dangers of prison life to youth at risk. And with his new freedom, Rideau jettisoned a longtime plan to escape. "The thing that is most respected in prison is character, loyalty, keeping your word," says Rideau. "These are things that are highly valued in the real world, but they are really, really valued in ours." This and the passage of time have changed him. "Part of it is just growing up," he says. And growing up has meant a realization that he may die in prison. Since 1997 Rideau has been president of the Angola Human Relations Club, which cares for elderly inmates by providing such essentials as toiletries, warm caps and gloves, and which buries the dead.
After Rideau became editor of the Angolite, the paper changed from a mimeographed newsletter into a glossy magazine exposing systemic problems and an emotional inner life. One story revealed that the Department of Corrections had doled out money for AIDS programs that were never implemented. Another issue featured pictures of inmates after electrocution--a portrait so horrifying that Louisiana changed its method to lethal injection. The magazine has won seven nominations for a National Magazine Award, and Rideau has won the Robert F. Kennedy Journalism Award, the George Polk Award and an Academy Award nomination for The Farm, a documentary film about Angola that he co-directed. He co-edited a book, Life Sentences (Random House). He addressed the convention of the American Society of Newspaper Editors in 1989 and 1990. And he's a correspondent for National Public Radio's Fresh Air program. While Lake Charles watched, the man many faulted with ushering in an era of crime became a nationally respected writer and commentator. "There's no way you're going to give life back where it's been taken," Rideau opined on Nightline in 1990. "But you--you just try to make up.... When it's all over and done with, Wilbert Rideau will have tried."
One blistering August afternoon in Lake Charles, I locked my keys in my rental car and called "Pop-A-Lock" for help. As owner Jim Rawley jimmied the lock, he recalled the night Rideau committed the crime. Rawley was in high school then. His friends wanted to kill Rideau and mobbed the courthouse. "There was a group of vigilantes among us," he says. "I can't remember the specifics. But I remember the atmosphere. Macho kind of stuff, except that we were scared too." Years later, Rawley became a Calcasieu Parish deputy and knew Rideau, who was awaiting trial in the Lake Charles jail, as "a troublemaker." Once, he says, a friend and fellow officer "beat the hell out of [Rideau]" for being "belligerent and uncooperative." When asked if he thought Rideau had changed, he said, "By all appearances he has rehabilitated himself, for lack of a better word. He seems to be a different man than he used to be. But that doesn't negate what he did.... It doesn't change the fact that he was convicted three times. He has never claimed that he didn't commit the crimes. He is fortunate he didn't receive the death penalty." He also said Rideau is a burden to the courts and should stop appealing his case. "If he's a different person he needs to go through the pardon board," he argued. But everyone knows that governors have blocked his release. Rawley shrugs, "It's already been decided, then."
Rawley's reaction was typical of whites I met. Rideau's good actions matter little next to the fact that he escaped the death penalty, as if death had somehow been cheated. And one has to wonder if there isn't some jealousy of his fame in the world outside Lake Charles. Elliott Currie, a professor of criminology at the University of California, Berkeley, calls the unceasing and vindictive punishment of those who have committed bad acts, without regard for the genuineness of their remorse or rehabilitation, "punitive individualism." Law-abiding people don't want prisoners to have anything they can't have--thus the 1994 elimination of Pell Grants (federal educational scholarships) for prisoners and the conflicts over whether taxpayers should pay for weightlifting equipment for prisoners. Rideau represents the extreme of this line of thinking: Most of us are never going to get to be on Nightline. Why does this murderer get to do it? Many white observers view the legal mistakes in his case as technicalities, and his appeals a waste of taxpayer money. After the arraignment, a blue-blazered security guard grabbed my hand very tightly and muttered, "If I killed your grandmother could you rehabilitate her?"
And the more well-known a defendant, the more the public focuses on preventing release. In this sense, Rideau is not unlike famous white prisoners who can't get a break despite impeccable prison records--like Kathy Boudin, the former Weather Underground radical, denied parole last August for a 1981 murder conviction; or Karla Faye Tucker, a convicted murderer executed in 1998, even after the victim's brother begged Texas Governor George W. Bush to pardon her. Their violent offenses do not elicit leniency. "It's not that people are afraid he is going to do it to her again," says Currie. "They are saying, 'Anybody who does this can't be free again; in our moral universe that can't happen.'" This attitude pervades public policy. Federal laws passed in 1994 provide matching funds to states to keep violent criminals in prison longer by denying parole.
But perhaps the biggest strike against Rideau is his race: No black man convicted of murdering a white person in Lake Charles has ever been released from prison, according to The Rideau Project, a research effort at Loyola University in New Orleans (see www.wilbertrideau.com). Whether or not people were alive at the time of the crime, feelings seem to be as strong as they were forty years ago. A 33-year-old white saleswoman at an electronics store, who asked not to be identified, said, "He should die the same death like everyone else," adding that she had to put her kids in private schools because of the "kids who cause trouble." She then mouthed the word "blacks." Her co-worker, a 30-year-old white man, used lynching imagery to say he agreed: "They should have swung him a long time ago." But then he asked, "What did he do?"
This is what gives District Attorney Rick Bryant his mandate. He's up for re-election in November, which means trying Rideau during campaign fundraising season. In two conversations, one at his desk and a second in a downtown bar, he said that even if Rideau were rehabilitated (and he wouldn't admit this), he would reprosecute. "He did the crime, didn't he?" Bryant refuses to recognize his own prosecutorial discretion, implying that he actually doesn't have the power to decide not to prosecute. This may be true, but only in the sense that his political survival in this majority-white town depends on a conviction. "They are trying to make me into a glorified pardon board. I am not a pardon board. I am a DA. Like I should be God of this case! Like I don't care! Or that I should decide he's a good guy in prison! That is not my job. The only reason I would not retry him is if there is no evidence, he's innocent or the victims want his release," he says. I suggest that his job is to seek justice, not just to convict, and that a retrial can only divide the town. "They line up and tell me to keep him in prison," Bryant says.
Of course, there are those--mostly black and some influential whites--lining up on the other side, too. Cliff Newman, an attorney and Democratic state senator from 1980 to 1988, once lobbied the governor to keep Rideau in prison at the behest of Dora McCain, the only victim who is still alive today. In the following years, Newman met Rideau in Angola at the prison rodeo and followed his story in the media. Today Newman has changed his mind: "From a political point of view it is not popular to ever say a murderer should be released. But I am not in politics anymore. And I am not going to be. Everyone is capable of rehabilitation."
Even conservative whites are hard pressed to argue that Rideau is not a different man today. Bill Shearman, owner of the town's conservative weekly newspaper, said, "Well, yeah, I think Rideau is rehabilitated," explaining that his view isn't representative. "Only a scant minority realized he has changed." Jim Beam, 68, a columnist of the American Press, the conservative daily that has opposed Rideau's freedom, admitted, "If you asked me if he's rehabilitated I would say yes." And Peggi Gresham, retired assistant warden and Angolite supervisor for twelve years, said, "I am not a bleeding-heart liberal. I don't think that everybody should get out. But when a person is as successful as some individuals are they can get out and have a good life. Wilbert is one of those people."
Young black professionals I met generally thought Rideau should be released because he has changed but see his plight as a remnant of past prejudice that doesn't really concern them. Rideau's real support in Lake Charles has come from the local NAACP and black press who believe that Rideau didn't commit the crime alone and is part of a larger conspiracy. "Blacks don't rob banks and they don't commit suicide," says Lawrence Morrow, publisher and editor of the black magazine Gumbeaux. Rideau had a good job, they argue, at a time when it was difficult for blacks to find jobs, and he took only $14,000, leaving $30,000 in the bank. Joshua Castille, 73, a retired black law enforcement officer, had drinks with Rideau the night before the crime and saw no peculiar behavior. He believes Rideau acted in concert with bank manager Hickman. Even back then, he said, a bank would never open its doors after closing hours. For a black person? "For anyone," he says. "They just wouldn't do it." The contrasting perceptions of the Rideau case among blacks and whites is emblematic of the different ways the two groups view crime, as well as issues like the death penalty. "Blacks are more likely to understand that people like Rideau are less likely to have committed the crime because they are monsters than because of circumstances that put them in that situation-- 'there but for their fortune go I,'" says Currie. "And they know that the criminal justice system has been pushed toward punishing blacks more than whites for as long as the justice system has existed."
Rideau's trial could go either way. On the one hand, Lake Charles elects its judges and Judge Carter is accountable to a black constituency that cares about this case enormously, which could mean openness to arguments about prosecutorial vindictiveness. On the other hand, when Carter's son, then 16, was charged with second-degree murder, he received a plea deal from Bryant reducing the charge to manslaughter--which, critics say, could predispose the judge to be friendly to the prosecution. And while, after so many years of appeals, the evidence is mostly lost, Dora McCain's lawyer, Frank Salter, the original prosecutor, said she would testify, which could mean a conviction based on her testimony alone (McCain did not respond to interview requests). Rideau's lawyer is the formidable George Kendall of the NAACP Legal Defense & Educational Fund, but it isn't yet clear how Judge Carter feels about counsel who swoops in from New York.
Rideau says if he does get out, he wants to leave Louisiana and write two books. "And neither one of them is about me," he says, explaining that he hopes to redefine criminality. "But I am telling you they are going to give me the Pulitzer Prize for this." It's hardly what Lake Charles wants to hear. When does he believe punishment should stop? "Whatever it should be, it should be," he says. "But it should be equal."
On November 27, Samira Dahduli waited in the Amman, Jordan, airport to pick up her husband, Ghassan, who was being deported after two months in a Denton, Texas, INS detention facility. Having lived in the States for twenty-three years, she had arrived in Jordan just weeks before with her five children, all US citizens, with the expectation that Ghassan would follow. But when the flight came, she saw no sign of her husband, a Palestinian with a Jordanian passport. She was about to leave when her 15-year-old son spotted his father surrounded by Jordanian security and American INS agents. Her son recognized one: Donna Chabot, an INS criminal investigator who had attended hearings in Dallas wearing a jacket with an antiterrorism task force insignia.
Samira Dahduli returned home and waited for her husband's call. After a week she still hadn't heard from him. "I would love to hear his voice," she said from a furnished apartment she has rented in Amman. Friends there tell her not to worry. "They need to make sure that he is not a danger to his community," she said. "Everyone says that this is normal procedure."
If the first chapter of the 9/11 detention story was the rounding up of 1,200 people, Dahduli's case ushers in the next phase, in which the government will decide their fate. Amnesty International believes that Dahduli is the first 9/11 deportee who could be facing ill treatment or torture in another country, says Angela Wright, Amnesty's chief US researcher. The arrest at the Amman gate and the accompaniment by a US task force member are troubling and unusual, according to immigration advocates and Dahduli's Dallas lawyer, Karen Pennington. "Nobody represents him now," said Pennington. "They took him away, and now he will be without the protections of American law, and they can torture him as much as they want."
Dahduli had a tense relationship with the US government well before September 11. He had been a leader of the Islamic Association for Palestine, an Illinois-based nonprofit with an office in Texas that has been the subject of federal scrutiny for allegedly having ties to Hamas. On September 25, 2000, federal agents confronted Dahduli in a Wal-Mart parking lot and then threatened to deport him, but offered to halt the proceedings if he agreed to become an informant on the IAP and other Islamic organizations. The FBI warned him that if he refused and was deported to Jordan, officials there would not be so understanding, according to three lawyers who worked on his case. Says Pennington, "The FBI said he would be treated a lot better by them than he would be by Jordanians." Elise Healy, a lawyer who represented him during the early deportation proceedings, adds, "He was perfectly willing to give information if he had it. But he was unwilling to be a lifetime mole." Dahduli not only rejected the government's offer but made it public, and news of it soon appeared on the Internet. "He became useless to them," says Healy. The INS began deportation proceedings but set him free on $50,000 bond.
Meanwhile, Dahduli was pursuing several avenues in immigration court to stay in the United States. He also filed an asylum claim, arguing that the FBI would paint him as a terrorist if he was returned to Jordan, rendering him vulnerable to torture. Amnesty has documented Jordan's practice of torturing terrorist suspects. In a trial last year in Jordan of Al Qaeda associates accused of planning bombings in Israel and Jordan during the millennium celebrations, the defendants testified that they had falsely confessed after beatings that included shabeh (suspending the victim by the feet with arms tied behind the back) and falaqa (lashings on the soles of their feet, sometimes followed by dousing in salt water). In the mid-1980s, in order to penetrate the Abu Nidal organization, responsible for 900 deaths or injuries in twenty countries, Jordanian security moved against suspects' family members.
In the wake of the September 11 attacks, INS officials revoked Dahduli's bond and arrested him on September 22 at his home in Richardson, Texas. A few days later, news accounts said, the name of Dahduli had turned up in an address book of Wadih el Hage, a former personal secretary to Osama bin Laden who was convicted in the 1998 bombings of the two US embassies in Africa. Pennington says that in the 1980s, when the two were students in Tucson, Dahduli and el Hage were members of the same mosque, the Islamic Center of Tucson. Later, they had a brief encounter in 1998 at a Dallas restaurant.
In late November, Dahduli gave up his asylum claim and agreed to be deported to Jordan. Now, in the Dallas Muslim community, "everybody is sick and worried," said a colleague at Dahduli's mosque, where he was a leader. INS spokesman Russ Bergeron said the INS accompanies deportees who pose a risk of flight or a risk to public safety. He declined to comment on Dahduli and denied the possibility of torture. "As a signatory of the torture convention it is a US policy not to deport someone to a country that there is reasonable cause to believe that person will be tortured or physically or mentally abused," he said. (Chabot's voicemail says she won't return calls until December 11. Lynn Ligon, INS spokesperson in Dallas, says Chabot is "on leave" until then. The Jordanian Embassy did not return e-mails or calls.)
Other 9/11 detainees could encounter similar problems. The government has reported links to Al Qaeda among only ten to fifteen detainees; the rest are being held on material-witness warrants and on immigration charges for violations like overstaying visas or lying on documents. It is doubtful that they'll be allowed to stay, although under the revamped "responsible cooperators" program, some who offer helpful information might remain. Many, however, will likely be deported, often to countries that don't offer protection from interrogational abuse.
It's possible that the Jordanian government is holding Dahduli as part of a routine check on a man with a native passport who has been detained in the United States; or maybe Jordan has some information on Dahduli; or Dahduli may have made an extradition deal with the United States and Jordan, in which he agreed to work as an informant (his lawyers and wife deny this); or perhaps, as Pennington fears, the FBI hopes to reap the benefits of interrogation tactics that contravene US law.
Why did Dahduli decide to abandon his fight with the US government and agree to be deported to Jordan? Pennington says it was because his application to the United Arab Emirates took too long, and he wanted to get out of jail. An Amnesty memo on post-September 11 human rights abuses, which describes Dahduli's case without naming him, says he was shackled during contact visits, held in solitary confinement for months and allowed only one hour of exercise per week. "He seemed to be treated more harshly than other detainees," said Wright of Amnesty. Could America's justice system have appeared so bereft of due process that he preferred the possibility of torture in Amman? "We had exactly that discussion," said Pennington. "If he didn't end up killed in Jordan, he thought he would be treated much more fairly there. He thought he would get out much more quickly."
On October 26, President Bush signed into law an antiterrorism package dismantling many privacy protections that Americans had long taken for granted.
For many indigent defendants, the right to a lawyer doesn't mean much.
While most of the 1,500 people who traveled to Albany from all over New York
State last Tuesday endured freezing winds outside the legislature to tell
stories of families torn apart and chant s