Lost in the System

Just a couple of weeks ago Prof. McLain lectured about the failures of the New Orleans criminal justice system and the Orleans Parish Prison. But what I saw while working in the Orleans Public Defender Office was astonishing. One particular story is particular daunting.

On August 20, 2005, just four days prior to Katrina's arrival to the Gulf Coast, a young man in his early twenties was arrested for simple possession of marijuana (Possession of Marijuana First Offense). The maximum penalty for simple possession of marijuana is one year in prison and a $500.00 fine. However, this young man did not have his day in court until Wednesday, March 7, 2007. On that date, attorney Michael Kennedy submitted a Motion to Quash the Bill of Information which was granted. This young man ended up serving 18 months before he saw a judge for the first time. Eighteen months before speaking to an attorney for the first time.

Mr. Kennedy exlained that these cases of "lost prisoners" have been common post-katrina. After the Orleans Parish Prison flooded, most inmates were transported to prisons all over the southeast United States. Prisoners were sent to Alabama, Mississipi, Georgia, etc. Many of these prisoners were not properly booked and entered into the appropriate databases and thus have been "lost in the system."

So, after all this one would think that the judge would at least offer an apology on behalf of the state and that the prosecutor would do the same. This was not the case. The judge in this case simply granted the motion to quash and dismissed the case. No apology. This is the harsh reality that hundres of "lost prisoners" are facing.