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Peak Johnson

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When the Justice System Fails

Posted: 09/29/2012 6:19 pm

For young black men in Philadelphia, sometimes just walking down the street is all it takes to earn a two-month stint in jail. On Dec. 8 2010, then-18-year-old Isaiah Smith was just returning from visiting his cousin, when he noticed two police officers who were patrolling the area peering out at him from their squad car.

The two officers returned to riding through the neighborhood and Smith thought nothing of it. Not until he found himself against the squad car, and countless officers surrounding him.

"When they grabbed me I had asked, why?" Smith said from his North Philadelphia home. "One of the arresting officers told me that I was being arrested for being an asshole."

He was about to learn a valuable lesson about the strained trust between the police and residents in vulnerable neighborhoods.

While he was held, Smith overheard the description of who the officers were looking for, a male with braids wearing a gray sweat suit. Smith had braids, but was wearing something completely different.

He soon found himself in front of a woman, unable to see because of the bright lights being shined in his face.

"Twice the officers placed me behind one of their cars after bringing me out to this lady," Smith said. "Twice this lady said no, that it was not me. The third time I was brought back out with some other guy the officers found and suddenly she said yes."

As Smith continued being held by police, his cell phone rang. He explained to one of the arresting officers that it was his cousin who was calling him. The officer took the battery out of the phone and threw it to the ground.

Being placed into the back of a squad car, Smith was driven to a police station and found himself sitting in a cell. He was not released to a correctional facility until two days later. During that period he would eventually be allowed to contact his family.

Meanwhile Mary Smith, Smith's mother, wondered where her son was.

"I already had butterflies in my stomach because I couldn't find him," she said, looking at her son intently. "No one notified me when he had been taken or where he was."

Mary sent her eldest son to look for Smith at places that he might be while she frantically called family and friends. She received a phone call from Smith's cousin saying that he had been arrested, but that she would likely receive a phone call from him sometime soon.

"From calling around I had found out that he was being kept at a police station," Mary said. "When talking to someone there to find out more about what had happened, I was told that I would have to be patient and that once he saw the judge he would be allowed to call me."

Smith continued sitting in a cell until being transferred to the Curran Fromhold Correctional Facility.

It was there that he found himself taunted by some of the prison guards regarding his situation. The guards asked Smith how he would feel if they invaded his home, did things to his mom.

After being finger printed, Smith would finally learn what it was he was being arrested for.

"I had been accused of breaking and entering the home of the woman who had accused me and holding her at gunpoint." he said. "I was even considered the "mastermind" who orchestrated everything." If convicted Smith could have faced 15 to 30 years behind bars.

The only thing that kept Smith from not worrying was that he knew he did not commit the crime. He waited in his cells for his first court hearing that was constantly being postponed.

Smith's first hearing had been scheduled for the 21st of Dec., but that was changed to Feb. 10, with his final date scheduled for May 3, 2011.

"Right after the first trial it was said that they were not going to release Isaiah because they had suddenly found evidence against him," Mary said. "During the second court case they said that if they didn't have anything that they would have to throw it out. "

During his preliminary hearing, the woman who accused Smith never showed, a repeating pattern that would continue for future hearings.

During his time within CFCF, Smith found solace with some of the other inmates.

"You always stay close to your cellmates," he said. "One of the inmates, his name was Anthony, was telling me how he was in jail for such a long time and that he was tired of repeatedly being placed here. We became close because he reminded me a lot of my older brothers."

Smith added how he was barely fed. He received a cheese sandwich every few hours, and the guards were simply horrible.

"When it was time for lockdown they would shout, "alright, you mother f----, you b----, time for you to go back into your cells. Stuff like that was just unnecessary."

Mary didn't know who to go to, or what she could do, all the while going to work and trying to make it through to the next day without her son close to her.

"I prayed first," she says. "And then I went to his coach, Kevin Farley, of Student Run Philly Style."

Smith had been a part of Student Run Philly Style, a program based on a similar initiative in Los Angeles that offers marathon training to youth in the city, for 13 years winning five marathons with the organization.

After receiving the distressing call from Mary about the situation, Farley and Smith's supervisor Jim Paterno, also from Student Run made phone calls to the city's district attorney, pressuring him and others to expedite Smith's release.

"They were with us through thick and thin," Mary said.

One day while at work Mary had received a phone call about the possibility of Smith being placed on house arrest. This was to take place Feb. 10, the same day of the trial.

The day came and went leaving Mary to wait all night with no phone calls of what had happened. The next day she found out that Smith was to be released the following day.

"So when Friday came he was still not home, no one called or said anything. When I had got to work that morning, I received a phone call saying that the signature from the judge was received and that Isaiah was to be finally released."

On May 11, Smith's case was thrown out and he was released the following week.

"They actually caught the guy who committed the crime," Smith interjected. "He told the investigators that he didn't even know me, but they didn't believe him. They started checking my mail soon after, thought I was bribing him."

One thing's for sure: Smith said that he will never look at a police officer the same way again. That trust is nearly gone.

"You're supposed to be innocent until proven guilty, " Mary said, shaking her head slowly. "Not the other way around. They treated him reckless; they treated him as if he had been a criminal all of his life."

Despite being thrown into a situation way too many young men in Philadelphia have faced, Smith is determined to not let this situation deter him from staying on the right path.

He's not involved with Student Run Philly Style any more, finishing up his last marathon race before his ordeal had taken place. He is expecting his first child in January and is working on returning to school.

"You just don't take anything for granted," he said. "Just take advantage of ever opportunity while you can."

 

Follow Peak Johnson on Twitter: www.twitter.com/peakjohn

FOLLOW CRIME
For young black men in Philadelphia, sometimes just walking down the street is all it takes to earn a two-month stint in jail. On Dec. 8 2010, then-18-year-old Isaiah Smith was just returning from vis...
For young black men in Philadelphia, sometimes just walking down the street is all it takes to earn a two-month stint in jail. On Dec. 8 2010, then-18-year-old Isaiah Smith was just returning from vis...
 
 
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HUFFPOST BLOGGER
rtgmath
There has got to be a better way!
01:22 PM on 10/04/2012
The Justice System is indeed corrupt. It does dispense justice sometimes, but all too often cops act like gang members themselves. There are some places where the sheriff is the one running drugs. There are cases where a desire to get a job out of the way inspires sloppy work. The right to a speedy trial (guaranteed in the Constitution) is routinely violated. And yes, people are considered guilty unless they can prove themselves innocent.

It is really bad when you have to fear the police even though you are a law-abiding citizen.

We need to rethink the structure of our police system before we wind up becoming a police state.
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HUFFPOST SUPER USER
LadyeCatte
48-year old jail bait....
01:18 PM on 10/02/2012
It's like NAACP's Ben Jealous said: The disenfranchisement of voting rights was created to 'legally' keep the black man from voting, since he constitutionally has every right.
Black men are unjustly jailed at significantly higher rates than whites, thus creating the myth of blacks commiting more crimes.

Not only does such a racially-biased system succeed in keeping our young men from graduating school and getting into college, but false convictions keep them from certain jobs for life, hurt their credit ratings, and wreck their early abilities to secure good home and business loans.


Here in Cheyenne, WY, my own children almost became part of that stigma--
A sheriff's officer demanded to search our house without a warrant while my four underage children were home and I was at work. He then threated to take my oldest, 16 at the time, to jail for some trumped-up charge if they didn't let him in. He also wouldn't let them call me at work until he'd searched and left.
He then denied anything of the sort happened, even with all four children having been witness to it.

Cops have been doing this to our children for generations.
This user has chosen to opt out of the Badges program
03:59 AM on 10/10/2012
How do we change this unacceptable and terrifying abuse of authority? To whom do our children go when those sworn to help are the violators? Do we begin with individual cases? How does an average citizen advocate? What very real action is possible that might lead to a real difference? I so wish I had answers. My heartfelt compassion is with you and your four children. I need to investigate this issue more ...maybe then I won't be so at a loss.
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HUFFPOST SUPER USER
John Dillingerr
revolt against tyranny
07:59 AM on 10/02/2012
this happens everywhere and not only to black people.

overzealous prosecutors over charge people with felonies instead of misdemeanors for the federal funding

in Ohio,if you steal a candy bar,which is petty theft,then run away from the scene,that constitutes robbery,a 2nd degree felony.
look it up,i am not BSing you.
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AsItEverWas
Communism is a rightwing conspiracy
06:01 AM on 10/02/2012
So an innocent man spent over 6 months in jail because of institutional racism/class warfare?
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HUFFPOST SUPER USER
Jay Daterman
Dump The Teapot
06:45 PM on 10/01/2012
This sort of travesty of justice occurs daily and is a disgrace! Cops are out of control and the jail/court system is crooked and brutal. How can anyone trust or have respect for such a rotten system? Now we have the awful for profit prison system going that has every incentive for more and more human victims and treats them worse all the time to make more money. I call it the American gulag.

I am glad Mr Peaks was finally able to escape the jail Twilight Zone and hope he is doing well with his studies and that his family and friends are OK.
03:23 PM on 10/01/2012
Nicely written article. The story you've told here is unfortunately not new. This is a scenario that is repeated across this country ... it's a big problem and it would be a revelation if someone could offer a solution.
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HUFFPOST SUPER USER
Lifeskills
May you be wise and alert in all your responsibili
01:05 PM on 10/01/2012
That's why they call him the devil, that's how there system works to destroy the already struggling and fragile life of an African American. They hold you in jail as long as they can with, High Bond, or Bail. If you can't afford an attorney, a don't give a damn one will be provided for you. Which means: No dropping of charges, No ex-sponging of records, No getting the charges lowered to a mister-minor or less, and you're given the maximum amount of jail time.
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HUFFPOST SUPER USER
Jay Daterman
Dump The Teapot
06:33 PM on 10/01/2012
It is totally wrong. Any notions of justice are yet another American myth. It is the next thing to Stalin's gulag in Russia. What with the for profit prison system we are on our way to that. Meanwhile the corporation con men rip the entire country off and nothing happens except they keep getting richer.
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HUFFPOST SUPER USER
ColoradoBMan
12:13 PM on 10/01/2012
Well Mr. Johnson you throw the bigotry/racisim card to willingly (IMO). Sure you have the right of being innocent until proven guilty but times have changed since that was put into "our rights". Although you can argue that you are a victim of race I would proffer to guess that you are a victim of circumstance and conveniently leave that part out as you scream injustice from the Philedelphia PD. As pointed out; a lady says 2 black guys, one w/braids, held her at gun point while committing a robbery...one was wearing a grey shirt (how hard is it to change a shirt i wonder?) Seems like circumstance not racisim. The old lady, well, she's old...a gun pointed at her...I'm sure she was scared and not willing to make cookies...and all she saw were 2 black men with braids and a grey shirt...nothing distinguishing in her mind since she wasn't able to stop and write a book...I feel sorry for the old lady really as the principal of the matter was lost. Sure, the cops may have been a little rough but lets look at it from a "Brotherly Love" perspective...what if you were the perp, are you saying that they were to mean even though they had the right guy(s)? JMO
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bobk in nh
smarter than your average beer
10:34 PM on 10/07/2012
This rarely if ever happens to white kids. In or out of the inner city. Happnes to minorities, esop blaclks ALOT. It may not be intentional, but if laws, policies or practices affect a racial class disproportionately it is discrimintation. (Why dont you google de jure vs. de facto discrimination). And specifically in this case: 1) old lady said no twice. keep bringing the kid back sooner or later she might say yes. 2)right to a speedy trial? 3)They had NOTHING other than he was walking down thr street with braids. WHAT you have here are cops just looking to make an arrest, any arrest, and rigging the system (3 times in front of the old lady?), prosecutors who are overlworked and dont care
11:28 AM on 10/01/2012
His anger should be at the woman that misidentified him. I believe he should have a civil case against her. He was identified as the person that committed the crime. The cops have a very tough job working high crime neighborhoods, were no one wants to help, unless they are the victim. Peak writes about 1st hearing dates, then goes to 1st and 2nd trials, then to the victim not showing at hearings. Was there a trial or just a probable cause hearing? It sounds like he was released because there was no probable cause. The system worked, unfortunately very slowly. As far as his cellmate Anthony complaining about the food and repeatedly getting put in jail, quit committing crimes.
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tnkeating
Dyslexic agnostic insomniac
09:08 AM on 10/01/2012
Peak, no doubt you and Have differing views of justice, I'll just open with there is no justice. People are caught in the act all the time, sometimes doing horrible things to children and they are arrested when they should be tased, tased again, beaten to an inch of their lives, and then shot.....Trust on the other hand is often confused with racism and perception of an event with fear injected can cloud ones judgement. Cops are like Prostrate cancer, If you live long enough eventually you will be mistreated by cops, but in their defence they do have a pretty tough job and most of the people they encounter can jade their judgement of others. Don't be a victim and don't be part of the problem.
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HUFFPOST SUPER USER
SeagoatSupremo
06:37 PM on 10/01/2012
Well put sir
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HUFFPOST SUPER USER
Sheldon archer
Facebook name is Yuyun Archer
02:58 AM on 10/01/2012
Every day, nearer and nearer to a police state. Americans must feel proud.
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HUFFPOST SUPER USER
shrlnb
01:12 AM on 10/01/2012
It is amusing that someone like that Snoop weirdo is so concerned about white boys in places like Boise, Idaho being mad at the cops when those white boys have relatives who are cops. Why is it that white boys with dads who are cops who arrest black men always like rap and like to dress up in hip hop cloths and act tough? Snoop (or that Dre freak) thinks those white boys are so cool and awesome.
HUFFPOST SUPER USER
realitytrumpsbull
Two 'alves of coconut!
12:38 AM on 10/01/2012
Legalize pot! Make war illegal! And, as far as this story goes, make every patrol where have to have a mix of different people, to be able to patrol in neighborhoods where ethnic discrimination might be an issue. Justice should be blind, including color-blind. Just because someone is black/white/hispanic/asian/arab/etc. doesn't make them automatically a 'bad person'. The Christian ethic was basically that 'by their works, ye shall know them', in English, that translates as: Innocent, until proven guilty. That having been said, if you can't do the time, don't do the crime, we do have crime problems on our streets, and the police, by themselves, cannot stop it all. Nor will self-styled vigilantes be of any benefit. Instead, communities need to work together, to police themselves. If they don't, there will be bias, there will be suspicion, there will be frictions, there will be profiling, etc. etc. etc. Upholding the law isn't just the guys n gals in the blue suits, it's the public, also. Know someone breaking the law? Are you breaking the law? What does the law say, about what you do, and what do you say, about the law?
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HUFFPOST SUPER USER
Stevie Hallandale
Aware
11:10 PM on 09/30/2012
...with liberty and justice for some
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HUFFPOST SUPER USER
Lifeskills
May you be wise and alert in all your responsibili
06:32 PM on 09/30/2012
We really need a State of our own; of course all 13 million can't fit in, and all Whites don't need to leave either, but it can give us a place to concentrate our efforts. Why not Africa, Liberia, Ghana? We dare not speak his name," made it taboo to talk or ever consider Africa as far as picking-out some place like, Liberia. The Chinese are all over Africa but more in the central area. We should ask NATO to have American pay $60.000 to every African American that leaves America to Africa even if they are felons, or have no passport because it's one way. Listen to what the racist teach their kids, “That we are taking jobs from them.” And that our programs such as Affirmative Action are the evil tactics we us to their jobs. In Washington State Union Steam Fitter’s 4 year apprenticeship program only have, Two (2) African Americans. All the Unions are practicing discrimination in the blue-collar fields. Who knows an African American Roofer, Electrician, or Plumber? Few to be sure, and in most places not a chance. What we need is a State; more or less, where we can be active and contributing in all aspects of Corp. factory, Utility, Public Service Skills, Fireman, Road Repair, and the like. Those are the kind of wages you need to buy a home and put your kids through college. This is not Anti America, for those who look for anarchy.
12:42 AM on 10/01/2012
Relax dude.
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SF TKF
Cthulhu thinks you'd make a nice sandwich.
12:05 PM on 10/02/2012
Liberia was founded as a nation of repatriated slaves. But if you look at the history and the current situation there, I highly doubt you’ll get many takers.
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HUFFPOST SUPER USER
Lifeskills
May you be wise and alert in all your responsibili
06:18 PM on 10/02/2012
There is something about African Americans being able to go there if we wanted to leave America. Yes it’s a hell hole to be sure. Deals can’t be made, and there are other areas. We might be the stabilizing factor of such a place. No place will just fall and die completely out, “as technology goes the last helped will be helped best.” With us everything is, make the ‘N’ Wrong Is not, No you can’t, No you didn’t, et., which we got from the White man.
Just mention hand sanitizes or a bleach and water solution in conversation, some say, “but that kills the good germs too,” they heard that too. They copy they don’t think. Common sense tells you, So, it’s the presence of bad germs that makes you sick so it don’t matter if there are not good bacteria on that surface, “The source of the bad bacteria in gone.”
Where is the creativity in telling someone what he or she can’t do?  “Can’t go there the water will kill you.” If it weren’t for treated water we’d all be sick, maybe die. The African desert is growing and Americas Dust Bowl area is growing, Ice is melting.