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Teens Can Get Swept Into Adult Prisons. D.C.'s Attorney General Wants To Change That

D.C. Attorney General Karl Racine, pictured in 2019, is hoping to change how the justice system handles cases involving 16- and 17-year-olds who are charged as adults.; Credit: Claire Harbage/NPR

Carrie Johnson | NPR

A new proposal from D.C. Attorney General Karl Racine could overhaul the way juveniles are charged as adults and offer greater opportunities for rehabilitation than a federal prison.

If passed, the proposal would impact people like Charlie Curtis, who was charged with armed robbery and sent to adult court at the age of 16 — a decision that he said left him confused and adrift.

Curtis said he had problems reading and writing back then, let alone asking the court to appoint him a lawyer. After his conviction, he spent years in a federal prison in New Jersey.

"It's a little bit of everything," Curtis said. "A little scary, a little nervous, you got to grow up real fast. You're not in the high school gym no more."

Curtis returned home when he was 22. It would be a while before he stabilized, got a good job driving a truck and started a family that grew to include three children. He now volunteers to help other young people leaving jail and prison — trying to offer the support he got too late.

What the legislation would change

NPR has learned Racine will introduce legislation in the D.C. Council Wednesday to ensure that 16- and 17-year-olds accused of certain crimes start in the family court system.

"Children should be treated like children, including 16- and 17-year-olds, notwithstanding the seriousness of their alleged offense," Racine said.

The proposed legislation would apply to teens charged with murder, first-degree sexual abuse, and armed robbery, among other crimes. Currently, the lead federal prosecutor in D.C. can file those kinds of cases directly in adult court — without any say from a judge — even if those defendants ultimately plead guilty to lesser charges.

D.C. has no federal prisons of its own, so young people convicted as adults can spend years in other states, at great distances from their families. The D.C. attorney general said the majority of underaged defendants charged as adults return home to the District before they are 21, but without the benefit of access to educational programs, vocational training and mentoring they could have received if their cases had been handled in the family courts.

"The adult system doesn't work that way," Racine said. "Federal Bureau of Prisons people will tell you the adult system is not made for kids."

Eduardo Ferrer, the policy director at the Georgetown Juvenile Justice Initiative, said research demonstrates charging young people in the adult system decreases public safety by making it more likely they'll break the law in the future. Most charging decisions in these cases in D.C. are made within a half a day, without the benefit of a longer review of the facts of the case and the background of the teenager, he said.

"The process in D.C. right now, because the U.S. Attorney's Office does not exercise discretion often in terms of keeping kids down in juvenile court, is more of a sledgehammer," Ferrer said. "What we really need is a scalpel."

The U.S. Attorney's Office in Washington and the Metropolitan Police Department did not return calls for comment about the proposal. But its supporters expect some resistance when it's ultimately considered by the City Council.

Ferrer pointed out that the legislation still leaves room for a judge to transfer a young person in D.C. into adult court if the judge has concerns about the ability for rehabilitation and worries about public safety. "The reality is that a young person still can be transferred to adult court," he said. "The difference is we're taking the time to get it right."

The potential impact

The vast majority — 93% — of the 16- and 17-year-olds who are charged as adults in D.C. are Black. One of them is the son of Keela Hailes. In 2008, he was charged with armed robbery. Hailes said she wasn't consulted about decisions about what was best for her son.

"It's like my son went from a 16-year-old to a 30-year-old overnight," Hailes said.

Her son was convicted and sent to federal prison in North Dakota, too far for her to visit regularly as she had done in the D.C. area. Her son, now 30 years old, is incarcerated again. Hailes said she wishes he would have had more options years ago — a chance for an education, and time spent in a juvenile facility instead of around adults in prison.

She said science suggests young people have less judgment and maturity because their brains are still developing. She thinks the new proposal will make a "huge difference" for juveniles in the legal system in the District.

The proposal is the latest in a series of steps Racine has taken to overhaul juvenile justice in D.C. He pushed the courts to stop shackling young defendants; started a restorative justice program for juveniles to meet with and make amends to victims; and worked to limit the ability of police to put handcuffs on most people under age 12.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Another Alleged Oath Keeper Pleads Guilty To Jan. 6 Conspiracy

Pro-Trump supporters storm the U.S. Capitol following a rally with then-President Donald Trump on Jan. 6.; Credit: Samuel Corum/Getty Images

Ryan Lucas | NPR

An alleged member of the Oath Keepers has pleaded guilty to charges connected to the Jan. 6 breach of the U.S. Capitol and agreed to cooperate with the government in its conspiracy case against the extremist group.

Mark Grods entered a plea of guilty to one count of conspiracy and one count of obstruction of an official proceeding. According to the statement of offense, the conspiracy's aim was to stop Congress' certification of the Electoral College count.

The plea marks another step forward for prosecutors pursuing a broader conspiracy case against 16 alleged members or associates of the Oath Keepers, a far-right, anti-government group. Last week, one of the defendants in that case pleaded guilty to conspiracy and obstruction, and agreed to cooperate with investigators.

Grods, who was charged separately but admitted to having coordinated with members of the Oath Keepers, has also agreed to cooperate with the government, including testifying before a grand jury or at trial.

In a court filing, prosecutors said Grods' case "is part of an ongoing grand jury investigation and plea negotiation related to United States v. Thomas Caldwell, et al.," which is the government's Oath Keepers conspiracy case.

At a court hearing Wednesday in Washington, D.C., just blocks from the Capitol, U.S. District Court Judge Amit Mehta went over the charges and the terms of Grods' plea deal, and told him his estimated sentencing guidelines range was 51 to 63 months.

"How do you plead on count one, the charge of conspiracy, sir?" Mehta asked.

"Guilty," Grods said.

"Count two, obstruction of an official proceeding, how do you plead, sir?" Mehta asked.

"Guilty," Grods replied again.

In his statement of offense, Grods admits to bringing firearms to Washington, D.C., and then stashing them across the Potomac River at a Virginia hotel — a detail the government says buttresses its argument that the Oath Keepers prepared for violence on Jan. 6.

The government alleges the group planned to store weapons in Virginia and ferry them into Washington, D.C., on Jan. 6 if the situation in the city got messy.

Grods' statement of offense says on Jan. 6, he rode in a golf cart with others through the city before parking a few blocks away from the Capitol and walking the rest of the way. He then linked up with other alleged Oath Keepers, who forged their way through the crowd, up the steps of the Capitol in a military-style "stack" formation and into the building itself.

Other members of the "stack" have been charged in the Oath Keepers conspiracy case.

Four minutes after entering the Capitol, the statement of offense says, Grods left the building as police shot pepper balls at a wall near him.

Two days after the assault on the Capitol, an unnamed individual told Grods to "make sure that all signal comms about the op has been deleted and burned," according to the statement of offense, which Grods confirmed he had done.

It is unclear how much additional information Grods will be able to provide investigators, but his plea agreement — the second in the span of a week — may prompt other defendants in the case to cut deals with prosecutors as well.

Overall, charges have now been brought against more than 500 individuals related to the riot at the Capitol.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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