Op-Ed: Justice system reform is impotent unless you eliminate racist practices

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Chief Defender Keir-Bradford Grey shares her thoughts on the need to eliminate racist practices that plague our entire justice system.

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Councilmember Thomas Introduces Driving Equality Bill

[vc_row][vc_column][vc_column_text]PHILADELPHIA–Councilmember Thomas will introduce this bill aimed at combating the issue of Driving While Black. 43% of Philadelphia residents are Black but Black people make up 72% of the drivers pulled over for alleged motor vehicle code. After the stop, Black drivers are twice as likely to be searched but are 35% less likely to be found with contraband.

The Driving Equality Bill will promote fairness by reducing the racial disparities within these stops, promote safety by reducing community trauma and improving police-community relations, promote efficiency by refocusing officers’ time and resources on solving real crime.

“I’ve been pulled over more times than I can count and it never felt like it was keeping me or my community safer,” said Councilmember Thomas. “We need to improve police-community relations and, at a time of economic crisis, ensure that we are not wasting a single dollar of taxpayers’ money. My Driving Equality Bill will promote fairness, safety and efficiency and reduce the number of people pulled over for ‘fitting a description’.”

Under the Driving Equality Bill, police officers would no longer be able to stop a driver for a trivial code violation that does not pose a risk to public safety, such as tinted windows or a missing tail light. However, officers would still be able to stop a driver for dangerous violations, such as driving while intoxicated. Philadelphia needs to improve police-community relations and, at a time of economic crisis, ensure that we are not wasting a single dollar of taxpayers’ money. The Driving Equality Bill (the first bill of its kind out of a major city) will achieve these goals.

“By allowing the police to focus on more serious motor vehicle code violations and real crimes, the Driving Equality Bill will reduce the opportunities for the tension, conflict and tragedy that too often happen when traffic stops go bad,” said Chief Defender Keir Bradford-Grey at the Defender Association of Philadelphia, “It’s exciting and inspiring to see Philly’s leaders taking bold, proactive and progressive steps to take the targets off the backs of Black people. We look forward to seeing Councilmember Thomas and others on policing and other justice system reforms that are more fair, more cost-effective, and more impactful on public safety.”

Law enforcement has claimed that motor vehicle stops are a good tool for keeping communities safe. Police officers have continued to use motor vehicle stops while Philadelphia has seen a record number of homicides and instances of gun violence – this is an inefficient and ineffective practice. On average, only .147% of motor vehicle stops result in the discovery of a weapon.

The Driving Equality Bill will be introduced in City Council this Thursday, October 29th, by Councilmember Thomas and is cosponsored by Councilmembers Jones, Gilmore Richardson, Quinones-Sanchez, Brooks, Johnson, Gauthier, Gym, Parker and Henon.

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More on “Driving Equality”

[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1604003696858{background-color: #eeeeee !important;}”][vc_column width=”2/3″][vc_video link=”https://youtu.be/ljdv6jVdFF4″ title=”Driving Equality Press Conference”][/vc_column][vc_column width=”1/3″][vc_column_text]NEWS STORIES:

CBS-3:
Philadelphia City Councilmember To Propose Bill Banning Police From Stopping Drivers For Minor Traffic Violations

Philadelphia Inquirer:
Philly City Council bill aims to curb police stops of Black drivers for minor infractions

WHYY-FM:
Philly City Council bill would ban police traffic stops for minor violations[/vc_column_text][/vc_column][/vc_row]

Keir Bradford-Grey on Shooting of Walter Wallace, Jr.

PHILADELPHIA–“Last night’s horrific incident in Cobb’s Creek is made all the more tragic by the fact that it was completely avoidable. Many questions will need to be answered in the coming weeks, but one thing is clear: this is not the public safety model that our communities want or need. 
“Discussions about the killing of Walter Wallace, Jr. will include vigorous debates around acceptable use-of-force protocols. But this is about so much more than that. It’s about what it really takes to feel safe in our neighborhoods, and the overwhelming police response to a mental health emergency is not the answer.
“What we witnessed last night is the sadly predictable outcome of summoning an armed presence into a situation that requires de-escalation and expertise in mental health issues. This is the time to re-think public safety, and how more of our city’s resources can be allocated to organizations and departments who are actually trained to deal with these situations. 
“We cannot afford to squander the opportunity to learn from the Civil Rights moment sparked by this summer’s protests. Unless we quickly reconsider the role of our justice system in public safety, we will continue to re-live the pain and heartbreak of last night’s tragedy, and the subsequent outrage from Philly’s Black and Brown communities.”  
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October 15: A People’s Vision of Public Safety

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Join us on October 15 to share your thoughts about how the justice system can contribute to public safety, especially in our most vulnerable communities.

Hosted by: Keir Bradford Grey, Chief Defender, Defender Association of Philadelphia

WHEN: Thursday, October 15 | 3:00 p.m.

WHERE: Via Zoom: zoom.us/j/91333487253 Passcode: 489866

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Click here to download and share the event flyer

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RSVP for the town hall on our Facebook Page:

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Keir Bradford-Grey on Passing of Ruth Bader Ginsburg

PHILADELPHIA—“The news of Justice Ruth Bader Ginsburg’s passing has dealt a crushing emotional blow to those of us who practice law with the goal of advancing equal rights for every citizen.

‘RBG’ is an icon in so many ways— a hero whose work impacted the lives of millions of people; a pioneer for women in the legal profession; a shining example of moral and professional integrity; and an illustration of strength, longevity, and courage in difficult times. 

“Justice Ginsberg’s amazing legacy is secure. It’s now up to all of us to carry it forward by practicing, in our work and personal lives, what we’ve learned from her incredible career and contributions to our nation’s democracy.”  

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Status of reopening of the courts

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This page will be updated frequently. E-mail the Defender (contact@philadefender.org) if you have any questions.

Though courts are re-opening, there are still many unresolved issues as the FJD works to ensure the safety of everyone who works and enters Philly’s courtrooms during the current pandemic. We will be updating this page as we receive new information from the courts. 

Click on a category below to see the latest information[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column][vc_tta_accordion color=”blue” active_section=”0″ no_fill=”true” collapsible_all=”true”][vc_tta_section title=”Jury Trials (updated 9/9/2020)” tab_id=”1599659480121-e86ef7f3-c25d”][vc_column_text]

  • Jury trials commence on September 8th, 2020
  • To promote social distancing, there will be no more than three jury trials held at one time. The courts will initially focus on cases dealing with the most serious charges.
  • There is currently no space for a gallery (attendees). The Defender is working on proposing alternate spaces outside of the CJC to use as overflow seating for the public.

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  • We are currently anticipating waiver trials starting in 2 to 3 weeks, once plexiglass is installed in all of the courtrooms.
  • There will be no more than 2 trials per room each day–at 11 a.m. and 2 p.m.
  • There will be a gallery, but it will be limited to 8 people maximum, including all witnesses. To be on the list to sit in the gallery, you will need to coordinate with the attorney.

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  • MC trials are generally on hold until January 2021. However, attorneys are reviewing the individual cases of those in custody.
  • Preliminary hearings are happening both in-person and virtually, under the following conditions:
    • Hearings are limited to 3 rooms, with 9 prelims per room every day (8am, 9am, or 10am)
    • In general, the courts are prioritizing hearings for those people who have been in custody the longest
    • If a case is listed as a status hearing, it will likely be virtual, and court appearance for the defendant will be waived.  The family of the defendant can still participate via Zoom.
    • If a case is listed as a preliminary hearing, defendants should double-check to make sure it is in-person
    • MC courtrooms will allow 10-12 people in the gallery, including all witnesses. Attendees will need to plan in advance through the attorney to be on the list to attend.
  • Some motions hearings will be in-person, some will be on Zoom, usually depending on the room and whether live witnesses are needed.
  • At the moment, things are changing week to week, so there’s no single “across-the-board” process. What happens will be on a room-by-room, case-by-case basis.

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Keir Bradford-Grey Testifies on Law Enforcement & Public Safety

[vc_row][vc_column][vc_video link=”https://vimeo.com/452621725″ title=”Watch video of Keir Bradford-Grey’s testimony below”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space height=”40px”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The Defender’s written testimony submitted for the record can be downloaded here.

On August 27, Chief Defender Keir Bradford-Grey testified before PA lawmakers about the role law enforcement plays in public safety. In her testimony, she emphasized the need to build more trust between police officers and communities of color, have more transparency from police departments, and more accountability for officers found guilty of misconduct.

“It was great to speak with and interact with lawmakers and law enforcement people from across Pennsylvania,” said Bradford-Grey, “We know that our communities will only become safer when we see more transparency and accountability from those sworn to protect and serve. And, while we understand that we’re not always going to agree, getting to our ultimate goal requires the kind of dialog we had at the hearing.”

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Keir Bradford-Grey: We Need Real Alternatives to Cash Bail

PHILADELPHIA–“The Defender Association of Philadelphia appreciates the support DA Larry Krasner has given to our ongoing efforts to move our justice system to community-based alternatives to pre-trial detention. However, the DA’s practice of ‘simulated no-cash bail’ to keep people in jail is a legal slight-0f-hand that only perpetuates the economic and racial disparities that exist in our prison population.
 
“The DAs office last year committed to join the Defender’s proposal to adhere to the PA law that prevents the use of cash bail for the sole purpose of detention. We agreed to develop a transparent process that would require prosecutors to ask for defendants’ bail to be revoked only after the prosecution shows by clear and convincing evidence (as the law requires) that the person is a flight risk, and/or a danger to the community. The magistrate can then exercise the option to place a high amount of cash bail or preventatively detain the person, depending on the information presented at a detention hearing. Unfortunately, the DA’s new bail policy sidesteps this process.
 
 “The purpose of bail is to ensure one’s appearance in court and to place added emphasis on abiding by conditions of release. And, while we understand the rationale behind the DA’s ‘simulated no-cash bail’ approach, it goes against our agreement on the process and is in violation of the law, which doesn’t allow bail to be placed on individuals for the sole purpose of keeping them in jail.    
 
“These excessively high bail amounts disproportionately impact Black and Brown defendants in our jails. We are in the midst of the COVID-19 crisis, and this practice contributes to the risk of spreading the virus in our jails while causing collateral damage to the families of the incarcerated, many of whom are already struggling with today’s new economic realities.
 
“This is not the type of justice reform we need. It’s time to re-think our approach to pre-trial incarceration. Our work with the Pre-entry Coalition has shown that providing community supports plays a big role in lowering recidivism. We should be expanding on the pre-entry model instead of doubling down on a system that has never served us well. 
 
“If we want to make better decisions about people at the front end of our system, then we need to change the process by which we gather information about them.  Only then will we have a more balanced justice system–one that helps us make decisions that truly support public safety.”
 
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Defender’s Statement on Philly Prison Conditions

A recent story in the Philadelphia Inquirer contained an internal e-mail communication from a Defender attorney about concerns related to visiting clients in prison during COVID-19. While we are, of course, concerned about the safety of our staff and our incarcerated clients during the pandemic, the views expressed in the e-mail in no way reflect the feelings of all Defender attorneys, nor the Defender’s commitment to providing full representation to all of our clients, no matter where they are.

In our visits, we have found that the Philadelphia Department of Prisons staff and management are taking the coronavirus very seriously, and are doing all they can to implement and enforce safety protocols. We have set up our own internal reporting for Defender staff to share their safety concerns, and we will share these concerns with the prisons as they arise.

In the meantime, we’re working collaboratively with our justice system partners to increase attorney-client access and facilitate the safe release of as many of our clients as possible.  

Keir Bradford-Grey on Passing of John Lewis

PHILADELPHIA–“Like the rest of the nation, the Defender Association of Philadelphia mourns the passing of Congressman and Civil Rights icon John Lewis. 
 
“At the Defender, our mission is to advocate for our most vulnerable–and mostly black and brown–citizens as they face a justice system whose every mechanism seems designed to place obstacles between them and their freedom, security, and prosperity. John Lewis’s life serves as an inspiration to me and everyone else who has dedicated their careers to fighting for justice and equal rights for all people.
 
“We must all honor his legacy by continuing this fight.”
 
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