War on Children, Chapter 6

Hands on Wisconsin: Young black child want to grow up to live | Opinion | Cartoon | madison.comEditors’ Note: This is the final chapter of a six-chapter expose by ProPublica, an independent, nonprofit “newsroom” that produces investigative journalism “with moral force.” The treatment of children in Tennessee reported here, of whatever race, by local officials, is almost unimaginable. VoxFairfax published chapters 1-5 in recent weeks. While the juvenile court judge has vowed to run for reelection next year, many in the community are outraged, and vow that she will not win. We encourage our readers to weigh in with their reactions.

By Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublica

Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge. 

“There Were No Concerns”

In the immediate aftermath of the arrests at Hobgood Elementary, the Murfreesboro police chief promised an internal investigation. By year’s end, the department had finished its report.

The officer who bailed before the arrests got a one-day suspension. So did the sergeant in charge of school resource officers. Three other supervisors also were disciplined: the sergeant, lieutenant and major who had not stepped in, even as Officer Williams called them from the assistant principal’s office, raising the alert. Each received a reprimand.

As for Templeton, who had initiated the arrests, the department made one finding: Her work had been “unsatisfactory.” She received a three-day suspension — her 10th suspension in 15 years — then kept working.

She retired in 2019 and, according to her LinkedIn profile, is now a life coach and member of Mary Kay, a multilevel marketing company that sells cosmetics.

Nashville police also participated in this investigation, to produce an external report with recommendations. Together, the two police departments delved into one of the case’s biggest missteps: the use of a charge that doesn’t exist.

The district attorney for Rutherford County confirmed to the police investigators that there’s no such crime as “criminal responsibility.” “You should never, ever see a charge that says defendant so-and-so is charged with criminal responsibility for the act of another. Period,” he said.

Two people refused to be interviewed: Amy Anderson and Sherry Hamlett, the two judicial commissioners. They “failed to cooperate,” a Nashville sergeant wrote. “This is unfortunate. … Important information could have been obtained.” In his recommendations, the sergeant wrote that it’s “worth considering” whether police should give more weight to advice from prosecutors than judicial commissioners.

Hamlett was reappointed as a judicial commissioner in 2017, Anderson in 2019.

The investigators interviewed 13 police officers, four school officials, two prosecutors and a pastor. But two people refused to be interviewed: Amy Anderson and Sherry Hamlett, the two judicial commissioners.

They “failed to cooperate,” a Nashville sergeant wrote. “This is unfortunate. … Important information could have been obtained.” In his recommendations, the sergeant wrote that it’s “worth considering” whether police should give more weight to advice from prosecutors than judicial commissioners.

Hamlett was reappointed as a judicial commissioner in 2017, Anderson in 2019.

Their personnel files include no mention of this case.

All 11 children arrested over the fight captured on video sued in federal court. Defendants included the city of Murfreesboro, Rutherford County and various police officers.

At least six of the 11 children had been handcuffed. The four who were locked up spent twice as many days in jail, collectively, as Templeton did on suspension.

Starting in 2017, all 11 children received settlements, for a combined $397,500. For at least five children, some money was earmarked for counseling.

Rutherford County also faced the class action accusing it of illegally arresting and jailing children.

In January 2017, Davenport arrived at a law firm to be questioned by the lawyers for E.J. and so many other children.

Kyle Mothershead, a specialist in civil rights cases, deposed her. He knew about Davenport’s strict dress code — and he made sure to flout it. He wore blue jeans and a white button-down shirt, untucked. He later told us he was thinking, “I am going to fucking spit in her eye and come in all casual and take her off her little throne.”

Mothershead asked Davenport if she ever kept tabs on the number of kids detained.

“That’s not my job is to know statistics,” Davenport said.

Mothershead asked if she’d ever consulted with Duke about the filter system.

Not that she could recall, Davenport said, adding, “I don’t micromanage her.”

Mothershead asked about Davenport’s orders to law enforcement to take children to the detention center upon arrest.

“Because that’s our process,” Davenport said.

“OK. But I just want to make sure that we’re clear,” Mothershead said. “So — so that — that’s your process because you personally have ordered that process into existence?”

“From the orders, apparently so. Yes.”

In May 2017, a federal judge ordered the county to stop using its filter system, saying it “departs drastically” from ordinary standards. By being subjected to “illegal detention,” he wrote, “children in Rutherford County are suffering irreparable harm every day.”

This year, in June, Rutherford County settled the class action, agreeing to pay up to $11 million. Individual payouts figure to be around $1,000 for each claim of wrongful arrest and about $5,000 for each claim of unlawful detention. The county, as part of the settlement, “denies any wrongdoing in any of the lawsuits filed against it.”

With the end of the filter system, Rutherford County now jails fewer of its kids than before.

Forced to stop jailing so many of its own children, Rutherford County ramped up its pitch to other places, to jail theirs. The county has created a marketing video titled “What Can the Rutherford County Juvenile Detention Center Do For You?” Over saxophone music and b-roll of children in black-and-white striped uniforms, Davenport narrates. She touts the center’s size (43,094 square feet), employees (“great”), access to interstates (I-24, I-65, I-40) and number of cells, which she refers to as “single occupancy rooms.” “Let us be your partner for the safe custody and well-being of the detained youth of your community,” Davenport says.

But that doesn’t mean its jail is ramping down. Quite the opposite. The jail keeps adding staff. Mark Downton, one of E.J.’s attorneys, says the county has “shifted gears.” Forced to stop jailing so many of its own children, Rutherford County ramped up its pitch to other places, to jail theirs.

The county has created a marketing video titled “What Can the Rutherford County Juvenile Detention Center Do For You?” Over saxophone music and b-roll of children in black-and-white striped uniforms, Davenport narrates. She touts the center’s size (43,094 square feet), employees (“great”), access to interstates (I-24, I-65, I-40) and number of cells, which she refers to as “single occupancy rooms.” “Let us be your partner for the safe custody and well-being of the detained youth of your community,” Davenport says.

Thirty-nine counties now contract with Rutherford, according to a report published this year. So does the U.S. Marshals Service.

How did Rutherford County get away with illegally jailing kids for so long?

The Tennessee Department of Children’s Services licenses juvenile detention centers. But its inspectors didn’t flag Rutherford County’s illegal filter system, which was right there, in black and white. We collected nine inspection reports from when Duke put the system in until a federal judge ordered it out. Not once did an inspector mention the jail’s process for deciding which kids to hold. “There was very little graffiti,” an inspector wrote in 2010. “Neat and clean,” the same inspector wrote in 2011, 2013 and 2014. Two inspection reports in 2016 said, “There were no concerns regarding the program or staff at the detention center.”

We requested an interview with the department’s longtime director of licensing, to ask how inspectors could miss this. The department refused to make him available.

The state’s failures don’t end there.

Tennessee’s Administrative Office of the Courts collects crucial data statewide. In 2004, the consultant hired by Rutherford County used that data to sound an alarm: Rutherford County was locking up kids at more than three times the state average.

But then, Rutherford County stopped reporting this data. From 2005 to 2009, the county had 11,797 cases of children being referred to juvenile court. How many were locked up? The county claimed to have no idea. “Unknown,” it reported, for 90% of the cases. The county’s data, now meaningless, couldn’t be used against it.

Later, when the county resumed reporting how many kids it detained, lawyers representing children sounded a second alarm. By 2014, the county was locking up children at nearly 10 times the state average. But then the state stopped publishing its annual statistical report, which had provided the statewide comparison points that allowed troubling outliers to be spotted.

In 2017, a state task force on juvenile justice concluded that Tennessee’s “data collection and information sharing is insufficient and inconsistent across the state.” This “impedes accountability,” it reported. The following year, a state review team reported that without good data, “the state cannot identify trends.” The team recommended creating a statewide case management system with real-time, comprehensive data. But that hasn’t happened.

We sent written questions to Tennessee’s Administrative Office of the Courts, asking why it stopped publishing the annual statistical report and about the data gaps. The office’s spokesperson didn’t answer.

While Rutherford County’s filter system was ultimately flagged (by lawyers, not through oversight), it is only one illegal system under one juvenile court judge. With Tennessee’s inadequate inspections and data, there could be trouble in any of the state’s other 97 juvenile courts, without any alarms being sounded.

In Rutherford County, Davenport still runs juvenile court, making $176,000 a year. (She’s up for reelection next year, and has previously said she’d like to run for another eight-year term.)

In Rutherford County, Davenport still runs juvenile court, making $176,000 a year. (She’s up for reelection next year, and has previously said she’d like to run for another eight-year term.) Duke still runs the juvenile detention center, earning $98,000. And the system as a whole continues to grow.

In 2005, the budget for juvenile services, including court and detention center staff, was $962,444. By 2020 it had jumped to $3.69 million.

Earlier this year, Davenport went before the county commission’s public safety committee. “I come to you this year with a huge need,” she said. By now she had two full-time magistrates and another who worked part time. Davenport said she wanted an additional full-time magistrate. And another secretary. She wanted to increase her budget by 23%.

She also wanted to expand the system’s physical footprint. A small school in the same building was closing, so Davenport proposed converting classrooms into an intake room and a courtroom.

The commissioners gave Davenport’s budget request a favorable recommendation. Their vote was unanimous.

During the meeting, one commissioner, Michael Wrather, took a moment to express his admiration for the judge.

“Thank you, sir,” Davenport said.

“Good job.”



Categories: CIVIL RIGHTS, crime and punishment, Issues, juvenile justice, National, POLICING, RULE OF LAW, State

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