Narratives of the 'War on Drugs'(From the Inside)
If they didn't do it, why would they plead guilty?
If they are innocent, why would they plead guilty? This is an excellent question, that can only mean, you haven’t been there. I’ve heard it many times before, in fact I’ve asked that question myself. What you don’t know is there is an entire system in place, whether intentional or not, that makes it easier to be guilty than fight to prove your innocence.
When you are arrested, and booked into the local jail, the first thing you do is see pre-trial. On TV, you hear bail set at blah, blah, blah. Next scene, they’re walking out with their attorney or next-of-kin that’s there to get them or the babysitter. In real life, you see pre-trial to get a bond, they ask you the same shit, do you have a job? Where do you work? Where do you live? Where will you go if you make bond? What kind of bond can you make? I’ve been asked these damn questions so many times and they have never gone well. I’ve tried every answer; I’ve told them everything from, I’m the President of Goldman Sachs to a lowly dirt farmer who’d like a nickel or two to rub together because I’m cold, it goes the same way every time. By the way, I’ve told them the truth too, it just makes no difference, the bond is always higher than anything I could ever make, and I’m stuck laying in jail until the case is resolved. Which means you’ll do anything to get it resolved. My most recent stint in jail, and the reason I will never do anything to go back, well, listen to this shit, it’s a good example.
So, one heartbreaker, after another, a “friend” of mine let me in on a “possible way to make some money”, he tells me if I know anyone with a truck, his landlord owns the house next door and is planning to tear it down so he can have anything inside, the less stuff there is, the less he has to remove.
So, that was a lie, and 3 days later when I was explaining it to three sheriff’s deputies, I would realize how stupid I was to believe this. I talked to him early that morning to tell him I was there with a truck, and he said he was busy that morning, just if you make any money off it, gimme a little kick back. I thought, ok, that’s fair. Three hours later after I explained the story to the police they went over there to ask if I was telling the truth, he said, I’ve never met those people in my life, I don’t know anything about that house. And off to jail I went. We went because I managed to drag two actual friends into this. One of them, the one who owned the truck, was 65 years old and had never had so much as a traffic ticket. She’ll never talk to me again. The very wonderful officers who arrested us told her that I had manipulated her into helping me do this, which I’m sure was very believable, I truly thought what we were doing was above board. It was the oddest of houses; Inside it was like a very wealthy family in the 80’s had simply disappeared because all of their belongings were still there, but they were oddly dated. I can’t think of any examples of this, it was just the feel. The house had no windows, so everything was very weathered, as I looked through the house, there was multiples of all the appliances, lots of books, sudoku puzzles everywhere, in the basement, several riding mowers, weed eaters, and shells, like ammunition shells, lots of ammunition shells, lots of different kinds of ammunition shells! I realized, oh shit, whoever used to live here handloaded ammunition, and a lot! I still wonder about that house; it was like I stumbled into something mysterious and got pulled out of it before I could figure out what it was. Anyways, back to bail, and one heartbreak after another.
In jail, they charged us with Criminal Trespassing, 3rd Degree, a misdemeanor. I had a court date in Hodgenville, KY, for my very first arrest 9-years-earlier that I was still paying restitution for, which was in 2 weeks, but this is just a misdemeanor so once I see a judge, I’m sure they’ll let me out. My bond was $1000 which was the same as a million back then. I see the judge after a week, he sets the next date 2 weeks into the future, I ask for an OR bond—which means own recognizance, it’s my responsibility to make it back to court—the judge replies without looking up, DENIED! Based on your charges, you’re a danger to the community. I was crushed. A danger to the community for trespassing. I don’t have to explain why that’s absurd, moving on. Two weeks later, they said, you’ve been here for 21-days we’ll credit that as ‘Time Served’ and case is dismissed. Cool. I would’ve gone straight home, but I missed court a week before in Hodgenville and they issued a warrant for me. So, 3-days-later, I’m transported to Larue County and because they only have Circuit Court twice a month, my next court date is scheduled a month out, at which time they will release me, my only charge here is not appearing in court to explain to them why I missed a payment on the restitution I owe. Three days before I go to court, the Larue County Sheriff shows up to serve me with a warrant from Louisville because I missed my court hearing to explain to probation the trespassing charge, but that was dismissed so I’m not in more trouble, but I have to lay here and wait.
Three weeks later, I’m back in Jefferson County. I go in front of the judge, the judge asks, why didn’t you show up in court? Because I was in custody, and I was in custody, because I didn’t show up to court there, because I was in custody here. Judge says—by the way, much better judge this time—That’s unfortunate, well sounds like a misunderstanding, ok, were gonna let you out today on an OR bond until you see your probation officer. Thank you. Finally, good news! They take me back to the jail to wait to be released. I’m sitting by the door waiting, and waiting, and waiting, then it’s nighttime, then the next day. They never came to let me out, by the next day, every single person who walks past that cell door I’m asking. They think I’m just another crazy, I tell fellow inmates, they look at me like, O-K or are you sure that’s what he said? No one believes me, I’m there for 17 more days, calling the Department of Public Advocacy five times a day. I finally talk to a public defender that I knew, in fact, my case 3 years earlier was his first big case. He knew I was at least sane. I explained what happened and he said, I’ll check into this. If you don’t hear anything, call back at the same time tomorrow. Four hours later, I was being released, finally. The thing is any time you’re in their custody it could go like this. Everyone has heard the story of someone who got lost in the system and was left in jail when they were supposed to get out. That is always in the back of your mind.
Back to the question, why would they plead guilty for something they didn’t do? The conditions of awaiting trial, are downright inhumane. When I was in Louisville Metro Detention Center 3 years before the incident above, the jail was so overpopulated I had to be house in a section of the jail that was condemned, because of this there is a Class-Action Lawsuit for people who had health complications from this. The capacity of the jail is 1,353 beds, at that time there was anywhere from 1,500-1,800 inmates at any time. Which leads to more violence, disagreements, shortages on food. When violence breaks out, you’re surrounded by metal, everything is metal, it’s so easy to get hurt. You can have a disagreement walking passed someone and bumping into them and end up with a murder charge. Local jails are the absolute worst, and it’s designed that way. They lay over court dates like nothing, I waited for six months for a court date, knowing this was gonna be my day, and because the judge was running late, they laid it over for six more months, just like it was nothing. I’m not speaking for myself here; I’ve been guilty every time. However, I’ve seen someone take a five-year sentence for something they obviously didn’t do just to get out of the misery of the county jail. They sure don’t have to do good police work like that. And it’s the reason there’s a 70% conviction rate on average. It’s not because they’re good at their job, it’s because the system is designed that way. If you get accused of a crime and don’t have money for bond and an attorney, or public defenders can be good, sometimes, but if you are stuck fighting a case from the inside, you’re fucked. You’re just looking for the best deal to sign the soonest. It’s understood in jail, that once you are sentenced your time gets easier, even that is crazy! Before you’re found guilty it’s supposed to be understood that you are innocent, then after you’re paying for the crime that you were found guilty of, then why is it once you’re found guilty, you’re able to get outside, you live in a more humane facility, you get better food, it’s fucking crazy! If that’s not a system designed to keep that conviction rate up, PLEASE tell me what it is.
Thank you for reading.
Jordan Lee, Editor-in-Chief, Declaration of warLiberty