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Saturday, November 12, 2022
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PNS Daily Newscast - November 11, 2022
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The balance of power for Congress remains in question as votes are still counted in states like Arizona, and this week's election's saw renewed concerns about gerrymandered maps in Wisconsin.
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DeSantis gives update regarding Tropical Storm Nicole and says affected areas were weakened by Hurricane Ian. As Georgia's Senate race heads to a runoff, all eyes are on swing states Arizona and Nevada. Biden and Harris express their gratitude to the DNC and say they're feeling optimistic about the future following Election Day. Biden is expected to meet with Chinese President Xi Jinping next week and talk about a number of issues. Alex Jones is ordered to pay more in punitive damages to the families of victims of the Sandy Hook Massacre.
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Democrats exceed expectations with rural voters in key midterm races, a surprise win for Fetterman in Pennsylvania, and upgrades are coming to #rural roads and bridges.
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Pressure Mounts to Compensate NC Man Wrongfully Imprisoned
Report: KY County Jails Can Help Keep Kids Connected to Incarcerated Parents
Push to Pardon KY Residents Convicted of Marijuana Possession
North Dakota Has Complex Legal Dynamic Surrounding Marijuana Convictions
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Advocates for a man wrongfully imprisoned for decades due to misconduct by a Durham Police detective and released in 2016, want the city to honor a federal grand jury's decision and pay him $6 million. Critics said the city's position in the case of Darryl Howard sets a bad example and undermines credibility. Durham officials countered the city lacks the legal authority to compensate Howard, citing a resolution prohibiting paying for judgments for employees. Bradley Bannon, Howard's attorney at Patterson Harkavy in Chapel Hill, said Durham wants to be seen as progressive, but is not living up to its professed morals. "After you go through the criminal courts to prove your innocence, you go to the governor and prove your innocence, you go to a civil jury and prove your innocence, 'We're not going to pay you that.' It is an extraordinary slap in the face of a citizen who has already been so traumatized by the misuse of power," Bannon argued. The grand jury found a Durham detective manufactured evidence resulting in Howard's conviction in the 1990s for a double murder. Bannon added Howard is now 60, and many of his relatives have passed away. Research shows for murder exonerations, the average lag time between conviction and exoneration is almost 15 years. Bannon explained because Howard received a gubernatorial pardon of innocence, he is also entitled under state law to statutory compensation of $750,000 dollars, but he noted the compensation amount is unrelated to the reasons a person ends up wrongfully behind bars. "They wanted to compensate wrongfully convicted people for their wrongful incarceration at $50,000 a year. But they also decided to cap that at $750,000, which is effectively 15 years," Bannon explained. "That has nothing to do with the separate issue of why they were wrongfully convicted." Bannon added he expects further litigation. "I think that over the next couple of months, there will not only be activity in the underlying case, in terms of appeals at the Fourth Circuit, but there'll be separate lawsuit activities regarding this issue of indemnification and payment," Bannon stated.
References: Letter Emancipate NC 09/06/2022 Misconduct study Univ. of Mich. 09/01/2020 Nat'l Registry of Exonerations Univ. of Mich. 03/30/2021 get more stories like this via emailSome county jails in the Commonwealth are creating or expanding parent-child visitation policies, but experts argued more work needs to be done to help families forge and maintain healthy bonds. According to a new report by Kentucky Youth Advocates and the Kentucky Social Welfare Foundation, jails in at least 30 counties currently have some form of in-person visitation. But few jails allow physical contact between parent and child without the obstruction of a divider. Anne Eason, licensed clinical social worker and chairperson of the Kentucky Social Welfare Foundation, said children with parents in jail often face greater economic barriers and housing instability, even if they are able to live with other family members. She added children separated from their parents often experience higher levels of anxiety, depression and substance abuse. "It certainly can affect the parent-child bond and attachment," Eason pointed out. "Which leads to further problems with children in terms of their mental health." Jails in six counties said they did not require families to pay for phone or video calls, which can financially burden families. According to the report, a fifteen-minute phone call between an incarcerated individual and a family member in Kentucky costs on average $11.30. The state currently has the 11th highest rate of children who have at least one incarcerated parent in the nation. Wendy Hall, program coordinator at the Kentucky River Regional Jail, has worked to implement programs offering parents regular face-to-face contact with their children. She said having time to be a parent can contribute to successful re-entry into society. "It makes the incarcerated person feel more human, because they're getting to see their child instead of saying, you know, can't be around your kid at all," Hall pointed out. "It gives them a sense of pride after the visit. After the visit they are on cloud nine." Amy Snow, co-founder of the Frankfort-based Wanda Joyce Robinson Foundation, said more jails could partner with community groups offering support for families, including therapy and payment assistance for transportation and video and phone calls. "We provide video visitation for any Franklin County child with their parent," Snow explained. "We have a vetting system for that through the Department of Social Services. And we're able to offer that in any facility, no matter where it is, as long as that facility has the capability to do video visitation." According to data from the Marshall Project, nationwide, around one in eight incarcerated parents with children in foster care have had their parental rights terminated.
References: Report Ky. Social Welfare Foundation Oct. 2022 Incarcerated parents report The Marshall Project 12/02/2018 get more stories like this via emailCriminal justice reform advocates in the Commonwealth are asking Gov. Andy Beshear to decriminalize marijuana possession. The request follows President Joe Biden's announcement of mass pardons at the federal level for people who were convicted of carrying marijuana. Rep. Nima Kulkarni, D-Louisville, explained state decriminalization policies would ensure Kentuckians with minor drug possession and paraphernalia charges would have the option for record expungement. "And what Biden recommended is that governors look into what those possible pardon powers are," Kulkarni noted. "And to use them, to make sure that his focus on the decriminalization aspect of cannabis use is done on a state level." She added mounting evidence indicates simply legalizing marijuana does not significantly affect the number of people facing barriers in employment, housing and reduced income as consequences of drug-possession charges, particularly Black and brown people. Kungu Njuguna, policy strategist for the ACLU of Kentucky, pointed out marijuana possession is a major driver of incarceration nationwide. "What we know in Kentucky is we know that in 2020, there were over 7,000 Kentuckians who had a conviction for possession of marijuana," Njuguna reported. "That's one year. So, the governor could do a great many things by doing this pardon." Earlier this year, Kulkarni introduced legislation which would have decriminalized cannabis possession, of an ounce or less, for adults 21 and older, and also provide funding for clearing their records. "In Kentucky, it's $500 per application," Kulkarni emphasized. "Which is pretty prohibitive, when you think about how difficult it is for people with convictions on their record to get jobs." Gov. Andy Beshear has created a Team Kentucky Medical Cannabis Advisory Committee to provide feedback on how legalizing medical cannabis could help Kentuckians with chronic pain and other medical conditions.
References: Reform announcement White House 10/06/2022 House Bill 224 2022 Committee information Office of the Governor 06/14/2022 Marijuana reform information ACLU 03/23/2021 get more stories like this via emailMarijuana policy is back at the forefront in North Dakota and on the national level. It has sparked questions about barriers created by low-level criminal offenses, and avenues for getting them addressed. Last week, President Joe Biden announced pardons for simple marijuana possession, covering more than 6,000 people in the U.S. The administration urged states to do the same, although North Dakota recently began allowing people with these offenses to apply to have them removed from their record. Adam Justinger, a defense attorney in Fargo, credits North Dakota for some of its reforms, but he said the process for a separate option, having a criminal record sealed, is not always easy. "It takes quite a bit of time just to draft up a petition," Justinger pointed out. "If the state or the city opposes that petition, we're gonna have to have a contested hearing on it before a judge. So, I mean, taking that route, it is kind of difficult for people." He suggested greater efficiencies for these situations, especially for people who can't secure legal help. The seal option applies to multiple offenses. However, since then, North Dakota has adopted a more direct pardon application process for marijuana offenses. The analysis coincides with North Dakota's ballot question this fall on whether there should be legalization for those age 21 and older. If approved, it would not address people with past convictions. Rep. Karla Rose Hanson, D-Fargo, who sits on the House Judiciary Committee, said the other collective efforts at the state and federal level hopefully lead to improved outcomes for those who have struggled with a minor offense. "Having stable housing, having a job are key factors for someone getting on the right track for life," Hanson contended. "We want to make sure that they have a smooth path to being a productive member of our society going forward." And Hanson, who does support legalizing small amounts of marijuana, argues the Legislature has shown willingness to update reforms if problems surface. Another recent reform in North Dakota involves reduced penalties for pot possession. First-time offenses for a half-ounce or less now come with a fine, but no possibility of jail time.
References: Pardons White House 10/16/2022 N.D. pardons Office of the Governor 01/17/2020 Ballot question information Office of the Sec'y of State 2022 get more stories like this via emailSocial Issues
Report: KY County Jails Can Help Keep Kids Connected to Incarcerated Parents
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Social Issues
Push to Pardon KY Residents Convicted of Marijuana Possession
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Social Issues
North Dakota Has Complex Legal Dynamic Surrounding Marijuana Convictions
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Social Issues
NH Legal Clinic to Aid in Criminal-Record Annulment
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Legal Clinic: How to Put a Pot Conviction Behind You
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Groups Call for Water Infrastructure Testing in IL Prisons
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Nebraska's Prison Overcrowding Emergency Now in Third Year
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Online Tool Started in WA Matches Care Workers with People in Need
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An online tool that started in Washington state is connecting caregivers and the people who need their services, and it's getting some national …
Social Issues
Ample Options Await Adoptive Parents in Texas
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Adopting a child is a big, important decision, but there also are misperceptions about the complexity of the process - which might mean thousands of …
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Arkansas Chosen for Military Apprenticeship Hub Program
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In Arkansas, thousands of people leave U.S. military service each year and start searching for their next job, and some face difficulty because their …
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WI Election Watchdog: Results a Mixed Bag for Democracy
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The long-term effects of Wisconsin's redistricting process were once again highlighted in this week's elections. A nonpartisan good-government group …
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Atomic Veterans in Massachusetts Seek Greater Recognition
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The majority of atomic veterans who participated in America's nuclear bomb testing program between 1945 and 1962 are now gone, but one from …
Social Issues
Kentucky Veterans Honored for "Still Serving"
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Two military veterans were honored this week for their community service at the Kentucky Veterans of the Year annual banquet, hosted by the Epilepsy …
Health and Wellness
MN School Mental-Health Staffs Navigate Funding Maze
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Two months into the new school year, Minnesota social workers in schools say resources still are hard to come by for providing mental-health services…
Social Issues
NY Outdoor RX Coalition Aids Veterans' Mental Health
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New York State's Outdoor RX Coalition is launching a website to spread the word about its services. Established in late 2020, the coalition is a …
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