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New York Polio Case Now Connected to Traces of Virus Found in UK and Israel

2 years 3 months ago

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Public health officials’ international hunt for clues in the case of polio that paralyzed a New York man has turned up a big one: The virus that infected him matches the genetic fingerprint of poliovirus found in sewage samples taken in London and in the Jerusalem area, officials at the Centers for Disease Control and Prevention and the World Health Organization told ProPublica on Friday.

It is not yet clear how the virus moved from one place to another or where it was first.

“That is still being investigated,” Oliver Rosenbauer, communications officer for WHO’s Global Polio Eradication Initiative, said in an email.

The hunt for answers in countries thousands of miles apart shows how viruses can hopscotch across the globe. Polio is highly contagious and, because the majority of infections cause no symptoms, it can circulate silently through communities where there is no routine monitoring.

ProPublica reported on Tuesday that U.S. public health agencies generally haven’t tested sewage for evidence of polio, relying on high vaccination rates to protect Americans from the disease, but there are signs of cracks in that shield, both here and abroad.

Waiting for patients to show up with symptoms can be perilous: By the time there’s a case of paralysis, 100 to 1,000 infections may have occurred, public health experts say. New York health officials began screening wastewater only after the case there was identified.

The New York case was the first in the U.S. in nearly a decade. It was discovered after a young man in Rockland County, a suburban area northwest of New York City, sought medical treatment in June for weakness and paralysis. He had not been vaccinated against polio. It was well into July when tests confirmed he had polio.

Genetic sequencing confirmed that he had what’s called vaccine-derived polio. This kind of polio is linked to an oral polio vaccine that hasn’t been used in the U.S. since 2000. The oral vaccine, still used in other parts of the world, relies on weakened polio viruses to trigger the immune system and create protective antibodies. In rare instances, when the weakened viruses circulate in people who have not had the vaccine or are under-immunized, they can revert to a form that can sicken unvaccinated people.

Public health officials said the traces of poliovirus found in sewage samples from early June in Rockland County and greater Jerusalem were still too weak to cause paralytic polio. It’s not clear where the virus evolved, becoming powerful enough to cause the Rockland County patient’s illness.

A spokesperson for Rockland County’s Health Department said she could not confirm whether the man had traveled to London or Jerusalem this year.

Another mystery in the case is that like the U.S., the U.K. hasn’t used the oral polio vaccine in years. Instead, both use only an injectable vaccine that contains inactivated viruses and cannot cause vaccine-derived polio. Though Israel does use oral polio vaccine, the version it uses does not contain the strain of polio, known as Type 2, that’s turned up in the sewage samples or that infected the New York man.

New York officials say they are now testing both stored sewage samples, which were collected as part of the effort to track COVID-19, and more recent ones for signs of polio.

While high vaccination rates in the U.S. have made the risk of polio remote, some communities have far lower vaccination rates than the country overall. Rockland County in 2018 and 2019 struggled with an extended outbreak of measles — also preventable with vaccination — that was concentrated in its Orthodox Jewish community. Some news organizations have reported that the man paralyzed with polio is a member of that community.

Most Americans aren’t old enough to remember, but in the first half of the 20th century, polio ranked among the nation’s most feared diseases. It victimized mostly young children, attacking their spinal cords, brain stems or both, and left thousands with irreversible paralysis. After the first vaccine was approved in 1955, U.S. cases dropped precipitously within a couple of years.

by Robin Fields

U.S. Lawmakers Demand Federal Scrutiny of Turkey’s Drones

2 years 3 months ago

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As countries around the globe add armed drones to their arsenals, federal lawmakers are pressing the Biden administration to investigate how U.S. parts and technology ended up in what has fast become one of the most popular models on the world market: Turkey’s TB2.

Manufactured by the Turkish firm Baykar Technology, the TB2 can hover high above a battlefield and strike targets with laser-guided missiles. Baykar has maintained that the TB2s are domestically produced, with nearly all of the parts coming from within Turkey. But, as ProPublica reported this month, wreckage from downed drones in multiple conflicts has shown otherwise. A range of components were made by manufacturers in the U.S., Canada and Europe.

To learn more, Rep. Tony Cárdenas, D-Calif., recently introduced an amendment to the House version of the National Defense Authorization Act. The annual budgeting bill is often an opportunity for lawmakers to require reports from the administration on pressing issues, and Cárdenas focused on the TB2, highlighting Azerbaijan’s deployment of the weapon in its 2020 war against neighboring Armenia over the disputed territory of Nagorno-Karabakh. Images of drone wreckage published by local media outlets and the Armenian military at the time showed parts that matched those made by several U.S.-based companies. Some of those firms told ProPublica they had taken steps to stop direct sales to Turkey, but others continue to sell key parts.

Turkey has ramped up TB2 exports in recent years. At least 14 countries now own the drones, and 16 others are seeking to purchase them.

“We’ve been paying close attention to Turkey’s drone sales and how these weapons have been deployed around the world,” Cárdenas told ProPublica in a statement. “I’m troubled about the destabilizing effects we’re seeing and the human rights concerns that follow, especially in places like Nagorno Karabakh. We need a full accounting of the role U.S manufactured parts are playing so that Congress can conduct proper oversight.”

If enacted, the legislation would require the Defense Department, in consultation with the State Department, to produce a report on U.S. parts in the TB2s used in the Nagorno-Karabakh conflict and any potential violations of export laws, sanctions or other regulations. Neither the Turkish Embassy in Washington nor Baykar Technology returned requests for comment for this story. Previously, when asked about the source of key components in its drones, Baykar did not respond to specific questions and would only say those queries were based on unspecified “false accusations.”

At issue are U.S. export laws. Typically, military parts are strictly controlled, requiring licenses from the State Department detailing their buyers and end uses. But many of the key components in the TB2 are commercial-grade technologies, which are found in a variety of consumer products and not subject to arms laws. And as a member of key global anti-arms compacts, Turkey can easily import the off-the-shelf parts, avoiding a web of sanctions and restrictions intended to curb the efforts of countries like Iran and China, which also operate drone programs.

Some critics have called on the Biden administration to crack down on Turkey. Other countries, including Canada, have previously instituted export bans to keep key parts from flowing. But for the U.S., experts say, there are a number of diplomatic considerations. Turkey is a long-standing NATO ally. And, more recently, the TB2 has emerged as a critical tool in places like Ukraine, where the country’s military has used it to battle Russian forces — a fact that the drone maker, Baykar, has repeatedly emphasized in media coverage of the conflict. “I think it is one of the symbols of resistance,” Selçuk Bayraktar, the firm’s chief technology officer, told CNN. “It gives them hope.”

Elsewhere, however, the TB2 is far less revered. In fact, it has been used to kill not just soldiers but civilians, drawing the ire of various governments and human rights groups.

In 2019, for example, Turkey sent the drones to the Tripoli-based Government of National Accord in Libya, despite a United Nations arms embargo. The U.N. said the weapon then helped transform a “low-intensity, low-technology” fight there into a bloody conflict. In Ethiopia, amid a war with rebels, the government used TB2s in airstrikes that have killed dozens of civilians, including those living in a camp for displaced people.

Biden administration officials raised concerns about drone use in the Ethiopia conflict with their Turkish counterparts but stopped short of taking action, despite an executive order authorizing them to impose sanctions against any party involved in the fighting.

This year’s National Defense Authorization Act reflects America’s tense relationship with Turkey. If signed into law, it would restrict the administration’s efforts to sell F-16 fighter jets to the country. Lawmakers cited a number of recent moves by Turkey, including its opposition to Finland and Sweden joining NATO. “How do you reward a nation that does all of those things,” Foreign Relations Committee Chair Sen. Robert Menendez, D-N.J., told Politico.

The House amendment on TB2s, introduced by Cárdenas and co-sponsored by 19 others, represents the second attempt in the past year to put the Turkish drone program on the White House’s radar.

Last year, lawmakers sought a similar mandate for a report on U.S. parts and technology used in the Nagorno-Karabakh conflict. One version of the 2021 amendment, introduced by Menendez, called for a broad assessment of the TB2s, their sales since 2018 and U.S. parts used in them. The final version, however, was watered down. It did not name the Turkish drone or Turkey specifically, and it asked the Biden administration to look generally into American “weapon systems or controlled technology” used in the 2020 Azerbaijan-Armenia conflict. ProPublica found that the Turkish government had hired lobbyists to discuss the drones issue with lawmakers at the time.

Under the law, that report was due in June, but the Defense Department has yet to release it. A spokesperson told ProPublica this month that it was “out for final review with pertinent stakeholders.” The department did not respond to subsequent requests for an update on when that review would be complete.

To some administration critics, the delay is another indication of Turkey’s clout in Washington.

“Taking something off the shelf and using it to patch together a weapon might not technically cross a legal line, but it should be of concern,” said Aram Hamparian, executive director of the Armenian National Committee of America, a pro-Armenia lobbying group that has called for a range of measures against Turkey. “It should be addressed as part of our general U.S.-Turkey relationship, and I’m not sure it is. I think they get a free pass on it.”

The Senate is expected to finalize its version of the National Defense Authorization Act in the coming months.

by Umar Farooq

Help Us Investigate Termination of Parental Rights in the Child Welfare System

2 years 3 months ago

Journalists at ProPublica and NBC News would like to connect with people whose parental rights have been terminated in the past decade.

We have received an outpouring of responses, and at this time we are only looking for people with cases in Alaska, Arkansas, Arizona, Michigan, Minnesota, New Mexico, Oklahoma, Texas, Utah, Vermont, Virginia and West Virginia.

We want to understand how your case was handled by your state’s child welfare agency and courts, and what types of services you were provided to help reunite your family.

We know this can be difficult to talk about, and we appreciate you sharing your experience. Filling out our short questionnaire will help us do more reporting that matters to your community.

We take your privacy seriously. We are gathering these stories for the purposes of our reporting, and we will contact you if we wish to publish any part of your response.

We won’t be able to respond to everyone who reaches out, and we cannot provide legal advice or assistance with your case. But we promise to read everything you submit, which will help guide our work.

Asia Fields contributed reporting.

by Agnel Philip, ProPublica; Hannah Rappleye, NBC News; Eli Hager, ProPublica; Suzy Khimm, NBC News; and Nirma Hasty, NBC News

At Liberty University, Veterans’ Complaints Keep Coming

2 years 3 months ago

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When an Army veteran was looking for somewhere to get an online aviation degree a couple of years ago in hopes of becoming a pilot, Liberty University advertised having the speed and flexibility she needed: accelerated eight-week courses with start times throughout the year and 52 affiliated flight schools around the country where she could get the required flight training. She signed up for the program, paying with the GI Bill benefits that have made military veterans such a reliable source of revenue for Liberty and other universities with large online programs.

But when her husband, who was still on active duty, learned he would be transferred from Georgia to Hawaii, she discovered that the lone Liberty flight affiliate on Oahu, George’s Aviation Services in Honolulu, did not offer the accelerated courses Liberty had touted. This meant that it would take her double the time to complete her program, two years rather than one, and would cost U.S. taxpayers more along the way, she stated in a complaint she filed with the Department of Veterans Affairs.

“There was not one time where it was clearly stated that some flight affiliates do not accept students in the accelerated program,” she wrote in her complaint. “I would not have enrolled knowing that I didn’t have the option at every flight affiliate and now I am stuck with having very few courses remaining and an inability to continue in the program.”

The complaint was one of more than a dozen provided in response to a public records request about Liberty that was filed with the Veterans Affairs department’s GI Bill Feedback Tool and shared with ProPublica. In 2018, ProPublica published an investigation of the highly lucrative online operation at Liberty, the evangelical college in Lynchburg, Virginia, founded in 1971 by the Rev. Jerry Falwell. The investigation showed how under the leadership of Falwell’s son, Jerry Falwell Jr., who took over after his father’s death in 2007, Liberty turned its online division into the financial engine of its burgeoning campus and political network, helping drive the university’s net assets from $150 million in 2007 to more than $2.5 billion in 2018.

The article revealed how much Liberty — the second-largest provider of online education after the University of Phoenix — relied on taxpayer funding for tuition revenue: Its students received more than $772 million in total aid from the Department of Education by 2017, plus more than $40 million from the Department of Veterans Affairs. Military veterans are such a big market for Liberty University Online that it has a whole division assigned to them.

And the article described a “steep drop-off in quality from the traditional college to the online courses” that was “openly acknowledged among Liberty faculty.” It showed how the university managed to keep its costs in delivering online courses exceedingly low by relying on low-paid instructors and course designers. This helped explain how Liberty, which is a nonprofit organization, managed to pocket $215 million of net income on nearly $1 billion in revenue in 2016, but it also helped explain why students were filing complaints with Virginia’s higher education oversight agency. It was a couple dozen such complaints, obtained via a public records request, that gave rise to the ProPublica investigation, revealing a much deeper iceberg of concerns about Liberty’s online operation. (In the 2018 article, Falwell Jr. described the university’s financial management as shrewd and defended the quality of its instruction.)

There have been dramatic changes at Liberty since then: In the summer of 2020, Falwell Jr. resigned as president after news reports of extramarital activities involving him and his wife. (He said that his wife had had an affair but that he had not.) Meanwhile, the university community has witnessed the realization of the goal that Falwell cited in championing Donald Trump for president in 2016: the Supreme Court’s overturning of Roe v. Wade.

Throughout all the upheaval, though, complaints about online education have kept coming, as shown by the VA’s records, which were provided to Dahn Shaulis, a higher education blogger who filed a records request for complaints and then shared the agency’s response with ProPublica. Those records do not indicate whether the VA took any action in response to the complaints.

A spokesperson for Liberty said in a statement that the university is “not presently aware of any negative findings” by the VA for any such complaints. “In several circumstances,” the statement continued, “including one referenced, the VA independently determined the student’s complaint to be unfounded and did not request Liberty’s review.” (The spokesperson said the university is legally barred “from disclosing certain specific details about individual students.”) He added that Liberty “has trained hundreds-of-thousands of students and naturally not every student was fully satisfied with their experience, but we are ranked much lower with regard to VA complaints per capita compared to our online competitors.”

Asked about the complaints against Liberty, a VA spokesperson replied with a statement that noted: “VA continues to review and monitor all GI Bill schools’ compliance with applicable statutes and regulations, and when necessary, will take appropriate action and provide GI Bill students, the public, and state or federal partners with timely information and options.” The statement added, “Actions taken in response to a reported issue are not shared on the GI Bill Feedback Tool.”

The woman moving to Hawaii was not the only aggrieved aviation student. Another complaint, filed early this year, alleged a “bait and switch tactic” by Liberty to gain a student’s enrollment. The university offered a course meant to allow a helicopter pilot to transition their skills into an airplane certification, combining that training with prerequisite courses that would together result in a full-tuition load. The transition course required special approval, and the applicant applied for and received it, and then went through the requisite “financial check-in” portal to confirm his payment via the GI Bill.

Only after he’d done all that did it emerge that, according to the complaint, the transition course was in fact nonexistent. But he was signed up for the prerequisite courses, which he would never have bothered to take on his own. After he protested, the university unenrolled him completely from the university, which he took as “retribution.” He asked that the VA “place [Liberty] in a review status where they are forced to administer the program in a more circumspect manner.”

For another veteran, the problems started later in his time at Liberty, when he was just a few credits shy of getting his degree. In May 2021, he suddenly got notice that his financial aid had been suspended because he had supposedly fallen short of Satisfactory Academic Progress standards, even though his GPA was well above the 2.0 given as the minimum necessary on the financial aid website. The university then demanded he pay $2,934 to make up the difference, which he said made it impossible to complete his degree. He was unable to reach anyone to resolve the matter. “I have made several calls to the school and no one has been willing or able to help in getting the information needed to ensure that this issue gets resolved,” he wrote. “I have filed several appeals to this and all have been denied but they have refused to say why or ask for any additional information from me in any way.”

Lack of communication was a recurring theme in the complaints. Another student, entering her last semester in the school of education, had reached out to Liberty early this year to let the school know that due to health problems, she would be unable to act as a student teacher and would need to transfer into a nonlicensure track as a result. But she said she received incorrect information and was placed into the wrong class and from there fell into a morass of delays and unreturned emails, as emails are the only way that the school lets students communicate with the “gate coordinators” who oversee advancement through the education degree program.

“Advising has told me that they are required to answer in 48 hours, but that has never been the case for me,” she wrote. “At this point, I feel like they have taken my money and the money of the VA and are now leaving me high and dry. They do not seem to care that I am going to be unable to graduate and finish my degree after years of work. I have invested countless hours trying to meet their requirements and have faced nothing but misinformation, incorrect information [and] people passing the buck to someone else.” She concluded, “I feel like I have wasted my time and money as well as the money the VA has invested in my education.”

Yet another veteran offered a more systematic criticism this spring. Liberty, his complaint asserted, was failing GI Bill recipients on three levels: The university fails to certify their GI Bill benefits properly, which often creates a welter of unnecessary debts and offsets; it fails to provide proper academic advising, with the consequence that “veterans can get over their heads and fail classes or not be adequately informed about course loads”; and it fails to provide adequate academic support for the online programs, with communications limited mostly to emails. “They do not answer their phones besides the call centers that cannot provide detailed support no matter what,” he wrote.

For another veteran who was seeking a Ph.D. in health science and ended up in a billing dispute with the university, the most confounding part was his sense that Liberty was indifferent to the troubles he was experiencing. “Little do they know this causes undue stress in our lives,” he wrote in his complaint, “but I’m sure they do not care because they are only in it for the money.”

by Alec MacGillis

Barbados Resists Climate Colonialism in an Effort to Survive the Costs of Global Warming

2 years 3 months ago

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This article is a partnership between ProPublica and The New York Times Magazine, and it is exempt from our Creative Commons license until Aug. 26.

Late on May 31, 2018, five days after she was sworn in as prime minister of Barbados, Mia Mottley and her top advisers gathered in the windowless anteroom of her administrative office in Bridgetown, the capital, for a call that could determine the fate of her island nation. The group settled into uncomfortable straight-backed chairs around a small mahogany table, staring at framed posters of Barbados’ windmills and sugar cane fields. Mottley, who was then 52, can appear mischievous in the moments before her bluntest declarations, but on this evening her steely side showed. She placed her personal cellphone on speaker and dialed a number in Washington for the International Monetary Fund. As arranged, Christine Lagarde, the managing director, answered.

Mottley got to the point: Barbados was out of money. It was so broke that it was taking out new loans just to pay the interest on the old ones, even as its infrastructure was coming undone. Soon the nation would have no choice but to declare itself insolvent, instigating a battle with the dozens of banks and creditors that held its $8 billion in debt and triggering austerity measures that would spiral the island into further poverty. There was another way, Mottley said, but she needed Lagarde’s help.

Mottley, the first woman to lead Barbados, had been working toward this conversation for nearly two years, consulting expert financial and legal advisers to develop a plan that would restructure the country’s soaring debts in a way that would free up money to invest in Barbados’ economy. Then, nine months before voting day, that plan took on new urgency as two powerful hurricanes ripped through the Caribbean 12 days apart; they missed Barbados, but one of them obliterated nearby Dominica.

Sargassum seaweed, which thrives in warming oceans, is overtaking a beach in Barbados. (Erika Larsen/Redux, for The New York Times)

In Mottley’s view, that obliteration was “like a nuclear event.” It was increasingly clear that climate change would make all the projects that Barbados already could not afford more necessary — and more expensive. The storms revealed that even the most heroic economic planning could be laid to waste in a moment. It was already obvious that every climate crisis was an economic crisis; but going forward, she realized, every economic crisis would effectively be a climate crisis. For Mottley, this meant the money she needed the IMF to help her recoup wasn’t just for her people’s prosperity but for their survival.

Mottley’s insistence on speaking directly with Lagarde — she had been pushing for the meeting for nearly a week while Lagarde’s office demurred — was an unorthodox way to approach the leader of one of the world’s dominant economic institutions. Having descended from two generations of elite politicians, Mottley had learned, though, that important decisions at large organizations are made at the top. Her grandfather was the mayor of Bridgetown; her father served as the country’s consul general to the United States. She was groomed at the island’s elite girls’ academy, Queen’s College, and at the private United Nations International School in New York. Beside her in the anteroom was her adviser Avinash Persaud, a close friend since the days when they each studied at the London School of Economics, where she received her law degree in 1986. Persaud, who went on to lead research departments at J.P. Morgan and State Street Bank, was deeply knowledgeable about development finance. The two friends were joined by the principals of a little-known but influential London financial firm called White Oak Advisory — Sebastian Espinosa and David Nagoski — debt experts who had developed a novel contractual clause to protect countries from at least some of the economic consequences of climate-driven catastrophes.

Mottley (Erika Larsen/Redux, for The New York Times)

With Lagarde on the phone, Mottley made her pitch. Barbados, she said, was going to default on the debt it owed to private banks and investors. She wanted Lagarde’s support in persuading them to renegotiate its terms. The IMF is both the assessor and the enforcer of global economic policy, the de facto gatekeeper to the world’s capital markets. Mottley knew that banks and investors would work with her only if Barbados were participating in a formal IMF program for economic reform — and it had to start immediately.

Mottley told Lagarde that Barbados was prepared to do voluntarily what most countries have to be coerced to do: cut its budget and raise taxes. But she needed something in return. With the effects of climate change bearing down on the region, the kind of austerity the IMF demanded from developing nations — slashing the size of government agencies and firing thousands of public employees while auctioning off real estate and other national assets — would no longer work. Mottley wanted Lagarde to endorse an economic program that would still allow her to raise salaries of civil servants, build schools and improve piping and wiring for water and power. “Before you carry people on a long journey,” she told Lagarde, “you have to give them a little breakfast.”

Barbados, while considered relatively wealthy by World Bank standards, hadn’t been able to borrow on the international market since 2013, and it had no capacity to pay for essential programs and projects. The concern was immediate, Mottley explained: Hurricane season was about to begin. The room fell quiet. No one was sure how Lagarde would respond. Would she trust Mottley to spend on Barbados first? Or demand — as the IMF usually did — deference to debtors? Then, as Mottley’s advisers recall, came the director’s surprising reply: She was extremely supportive of what Mottley was proposing.

The next day, Mottley declared that Barbados would stop making its payments on the nation’s debts. “Today, my friends, we pry off the hands that have been strangling us,” she said. Some of the business leaders she had gathered to stand behind her at the lectern winced. The value of Barbados’ bonds on the global markets crashed. S&P Global downgraded the island’s credit. The country teetered on the edge of financial chaos. With that, Mottley’s adventure onto the global stage of financial and climate activism began.

What Mottley sought would not be easy. She would have to untangle the relationships connecting the IMF with the financial institutions that invest in countries like Barbados — a global financial system that simultaneously helps and preys upon countries at their moments of greatest need. She would have to challenge the rules of that system and its powerful figures, who often struggle to recognize how climate change is altering the traditional dynamics of debt and development. Mottley would come to see the traps of that system as fundamentally unjust, born from generations of colonial rule. Just as outsiders once pillaged the Caribbean for wealth created by the hands of slaves, investors in those former imperial powers now squeezed former territories for their assets, for access to markets, for interest on loans. And she would have to contend with all of that waiting for the next storm, knowing she governed a dot of land isolated in one of the most vulnerable places on Earth.

Jehroum Wood of the Walkers Institute for Regenerative Research, Education and Design is working on a coral regeneration project to help mitigate erosion. (Erika Larsen/Redux, for The New York Times)

Few parts of the planet are as imperiled by the changing climate as the Caribbean’s crescent-shaped string of islands. Every summer, the warm waters off the northwest coast of Africa spin off cyclonic systems that hurtle across the Atlantic, reaching the easternmost stretch of these islands — where Barbados stands sentinel. Quick successions like that of Hurricane Irma and Hurricane Maria, the two storms that narrowly missed the island, were supposed to be rare. Now, though, experts believe that global warming could drive a fivefold increase in strong hurricanes, suggesting that hits from Category 4 and 5 storms will become an annual near-certainty.

Droughts, meanwhile, are growing longer and drier, threatening drinking-water supplies and making it difficult to grow food. Barbados, a teardrop-shaped island of 290,000 people, is among the half of Caribbean islands the United Nations already describes as water-scarce, with seawater seeping into its aquifers and rainfall that might drop by as much as 40% by the end of the century. The droughts will lead to wildfires, killing more vegetation and crops. When it does rain, it is projected to rain heavily and all at once, causing precipitous landslides, which will wipe out roads, rip up electrical grids and cut off energy supplies. At the same time, rising and warming seas are eroding shorelines and killing off reefs and fisheries. According to the IMF, roughly two-thirds of the 511 disasters to hit small countries since 1950 have occurred in the Caribbean, taking more than 250,000 lives.

These islands have another dubious distinction: They carry more debt, relative to the size of their economies, than almost anywhere else on the planet, a fiscal burden that makes it virtually impossible for them to pay for the infrastructure necessary to protect them from the climate disruptions to come. Barbados, which in 2017 had the third-highest debt per capita of any country in the world, was spending 55% of its gross domestic product each year just to pay back debts, much of it to foreign banks and investors, while spending less than 5% on environmental programs and health care.

This is true beyond the Caribbean too. In poor nations around the world — from the deserts of North Africa to the low-lying islands of the Pacific and the Caribbean — rising sovereign debt is becoming a hidden but decisive aspect of the climate crisis. According to the United Nations Conference on Trade and Development, external debt for what are called Small Island Developing States, or SIDS, more than doubled between 2008 and 2021. The IMF projected that three-quarters of emerging-market economies would pay a third or more of their tax revenue just on debt service in 2021. In the zero-sum game of budgets, that means less money for shoring up infrastructure that is already in shambles. A recent analysis by Eurodad, the European debt-and-finance advocacy organization, found that over the last six years, Latin American and Caribbean countries have slashed what they pay on anything non-debt-related by 22%. As Mottley explained to me, “We always have to put aside debt money first.”

The warming planet has turned this into a self-perpetuating cycle: Were it not for the disasters worsened by climate change, much of the region’s debt might not exist in the first place. Jamaica’s debt, for example, can be tied to the response to Hurricane Gilbert more than three decades ago. Grenada’s is in part because of Hurricane Ivan in 2004. Dominica’s 2017 loss, relative to its GDP, was the equivalent of a $44 trillion hit to the U.S. economy.

Avinash Persaud (Erika Larsen/Redux, for The New York Times)

According to the World Bank, these climate-driven damages have made it difficult for the Caribbean economies to achieve anything resembling healthy growth. Since 1980, the cumulative cost of disasters has amounted to more than half of a year’s worth of total economic product for 14 Caribbean nations. The costs have eclipsed average annual GDP growth in five of them. There are poor countries with more debt, and there are island countries in the Pacific facing more imminent climate threats, but nowhere in the world do the debt and climate vulnerabilities overlap to the extent they do in the Caribbean. Fixing the debt crisis, as Persaud told me, “isn’t about countries mopping up their fiscal discipline. It is that countries on the front line face a different kind of risk. They face wipeout risk.”

The IMF could buffer this crisis. Indeed, doing so is arguably its mission. The IMF was formed in 1944 when the soon-to-be victors of World War II met at a hotel in Bretton Woods, New Hampshire, to build a new economic system for a world devastated by years of war and depression. Its mandate: to stabilize global markets and keep currencies — and debts — predictable. Today 190 member countries pay dues into a pool from which they can borrow in a crisis.

On balance, the IMF and the World Bank have served their primary function well, steadying economies and offering the reassurance of economic leadership to global markets over many decades. But the fund also became a conduit by which global capital, and the mixed blessings that come with it, flow to the world’s poorer nations. Its advisers are the people who dictate the often-painful recalibrations a troubled country must take to crawl back toward economic recovery and regain market trust. It has become one of the most influential, if underappreciated, determiners of climate policy in the world.

The IMF doesn’t lend much money directly — that’s the job of the World Bank and other development banks — and it doesn’t negotiate between a country and its creditors. But it does draw the boundaries of possibility and policy, and its stamp of approval is an essential prerequisite for other investors, banks and ratings agencies to encourage new projects or lend more money. Should those private contracts fail, the bankers and other buyers know that to some degree, the great international finance institutions stand by ready to help make them whole. An indebted developing country is paralyzed and ostracized without the IMF’s stamp of approval, which gains it access to the world’s capital markets. And that approval is conditioned on fiscal changes that can carve deeply into the bone of civil society.

For her entire life, Mottley had watched Barbados painstakingly build itself up as a postcolonial democracy. Now climate change was prying away the nation’s — and the whole region’s — grip on its destiny. The big institutions capable of aiding Caribbean countries, Mottley could see, leaned too heavily on outdated assumptions and equations. The IMF requires countries to perform within its framework but has been slow to allow that global warming might require the framework to change, only recently beginning to fold some nominal climate risk into its calculations. It continues to hold countries to metrics for success — primarily the ability to keep the ratio of total debt to annual GDP quite low — that many economists say are unrealistic and arbitrary. The IMF has held steadfastly to its doctrine for years, based on its studies of how larger economies, not small ones, function. But a doctrine that demands austerity often only increases a country’s vulnerability to climate threats. “There’s an orthodoxy as to what is acceptable, and what can be sustained,” Mottley said.

By declaring nations like Barbados too rich to qualify for development aid, the World Bank — which effectively puts IMF policy into practice — has relegated them to economic purgatory. The bank has folded climate risk into a range of climate-related aid and disaster-finance programs, but it still does not formally consider a country’s specific climate risk when it evaluates eligibility for its discounted development loans.

Then, by failing to fully account for how the exceptional costs of climate change affect national wealth, the IMF and the World Bank have wound up driving countries in need toward profit-reaping hedge funds and banks, to borrow billions of dollars, often at credit-card-like interest rates.

Throughout, the debts have been collected. They were collected as the shadow of the 2008 financial crisis lingered and as a pandemic decimated tenuous health care systems and tourist-reliant economies. They continue to be collected despite a climate crisis that is caused almost entirely by the copious fossil fuels that those same powerful creditor nations burned to industrialize and achieve their own wealth, the very wealth that undergirds the IMF. Caribbean nations are being asked, in a sense, to pay not only their own debts but the rest of the world’s debts, too, for all the progress it made while leaving the Caribbean behind.

Oistins Fish Market and community are a tourist attraction in the parish of Christ Church. (Erika Larsen/Redux, for The New York Times)

Mottley’s ascent seemed inevitable to some Barbadians — one childhood friend said that at 12, she promised she would be prime minister — but not to all. Even after she earned her law degree at 21, her father urged her toward private practice. Why would Mia, the oldest of four siblings, a girl who loved music and for a while even managed a reggae band, want to wade into the island’s internecine politics? “Horses for courses,” Mottley told me recently, using the British phrase suggesting that everyone has a purpose in life. Her mother was the real politician. “Mommy would tell us all along that you all and your father are lawyers, but I am the law,” she said. It was her mother who “sees people, she hears people, she feels people.” That became Mottley’s creed. As prime minister, she is often seen at food trucks and is known as Mia to cabdrivers and reporters.

Mottley was first elected to Barbados’ Parliament in 1994. She was the youngest Barbadian ever appointed to a ministerial position and has served as both the country’s attorney general and its minister of economic affairs. Since 2008, she has twice headed the Barbados Labour Party. Her 2018 election was a landslide, with the party taking all 30 seats in the country’s lower Parliament.

She told me once that one of her great regrets was not being around to fight for Barbados’ independence in 1966. The country’s first prime minister, Errol Barrow, was a family friend, and Mottley grew up steeped in his belief that it was the responsibility of the island’s government to use its resources to lift up, educate and house its citizens. She also shared Barrow’s indignation about Barbados’ past. The island, first claimed by King James I of England, was importing slaves from Africa as early as 1625, receiving thousands of people from Guyana and the Gold Coast and using them up — their life expectancy once on Barbados was less than 10 years — to produce sugar. When the British Parliament passed the act that abolished slavery in its territories in 1833, it paid white slave owners 20 million pounds to compensate them for the loss of their property, even as it required the kidnapped Africans to provide four additional years of free labor as “apprentices.”

“It goes further,” Mottley told me. The British rulers then told its freed slaves that if they didn’t continue to work, they couldn’t live on the plantations that made up most of the 166-square-mile island, “the master and servant land.” That arrangement continued for many decades, extending the system of sugar and exploitation that powered the modernization of Britain and its boom in banking, shipping and insurance. Along the way some 250,000 Black Barbadians died.

As it turns out, Mottley says, she didn’t miss the rebellion after all. “My belly full but me hungry,” she intoned one afternoon, recalling Bob Marley. “A hungry mob is an angry mob.” Her point was that the stakes for Barbados and the Caribbean are still high and the dynamics the same: The region’s 45 million people still have little voice and are easy to forget, and as the Caribbean becomes increasingly unlivable, it could become a source of potential destabilization — and mass migration — right at America’s door.

For at least a decade before Mottley was elected, a mixture of poor management and corruption had eroded the country’s economy. As Barbados’ former central bank governor DeLisle Worrell described it to me, the country had developed a “dysfunctional” fiscal culture in which government agencies and departments took loans and negotiated deals without consulting the central bank, accumulating sprawling debt and a backlog of need. On the touristed southern end of the island, sewage erupted from neglected pipes as funding to fix them lagged. The country’s response was to print more money and borrow more from abroad, to stanch the economic bleeding. In 2013, during Worrell’s term, Barbados took one of the largest commercial loans in its history — $150 million — from Credit Suisse at 7% interest; within a year, it had grown to $225 million, and by 2018, the interest on the balance was 12%. The money didn’t last, and the sewer lines weren’t fixed. It would be the last commercial loan Barbados could get. Running a consistent deficit, the country began drawing down its foreign reserves to service the loans. By the time of the 2018 election, the government was nearly broke, its reserves having dwindled to enough for just 28 days.

The people of Barbados did not choose Mottley — or her Barbados Labour Party — over its rival by a margin of 3-to-1 because their political philosophies were substantively different. They were not; both are center left. Nor was the vote driven by people thinking Mottley would challenge the global finance system or solve climate change. The vote was for fiscal competence.

Climate change was only a small part of the fiscal morass, but it was a big part of what could keep Barbados from ever clawing out. As Mottley plotted how to escape the fiscal spiral, she met repeatedly with European climate scientists who helped bring into focus how everything from the island’s housing stock to its coral reefs would determine how habitable Barbados would be in the future. Along with restructuring the country’s debt, Mottley laid out a plan, called Roofs to Reefs, to restore the island’s physical and ecological infrastructure. But it was going to take money — a lot of it. Mottley thought she could work her way to the heights of global finance to gather that money. She wasn’t the first to try it, and she didn’t know how hard a climb that would soon prove to be.

The development site for HOPE, a government project that builds hurricane-resilient houses for first-time home buyers (Erika Larsen/Redux, for The New York Times)

The IMF’s education in the economic threat of climate change began with Hurricane Ivan in 2004. It was heading straight for Barbados but veered south and instead hit Grenada, another former British colony, as a Category 3 storm; it damaged most of the structures on the island, including 73 of the country’s 75 schools. Four-fifths of Grenada’s power grid was knocked out, along with most of its nutmeg trees, virtually eliminating a key export for years. The total damages topped $800 million. Aid did come; the World Bank disbursed $20 million almost immediately. Grenada, already heavily indebted before the storm, still plunged into a deep recession. In December 2004, it missed its first payment, entering what Standard & Poor’s termed “selective default.” Then, seven months later, another hurricane struck.

In the IMF’s view, Grenada could not sustain its debts, and that judgment gave cover for the country to renegotiate with the banks and foreign governments that it owed. The IMF’s assessment came at the usual price, though. Grenada agreed to slash its federal payroll — the government was the largest employer on the island — as well as sell off assets and privatize agencies, all toward the goal of reducing its debt.

As the IMF sees it, reducing debt is the recipe for financial stability. But in the climate era, stability also requires enormous spending. Grenada needed sea walls to protect its towns against ocean surges and retaining walls to keep its mountainous roads from collapsing. It needed to harden the country for worse storms and droughts to come. And immediately after Ivan, it needed a place to send its children and its sick. So the government spent a part of its budget on new schools and hospitals and roads. But when Grenada missed its fiscal targets, the IMF instead blamed the country’s “capital expenditure overruns” for its “fiscal slippages.” From then on, according to a 2007 staff report, the IMF wanted Grenada to pay off its debts to outside investors first.

“The IMF always blames the countries,” says Timothy Antoine, director of the Eastern Caribbean Central Bank and Grenada’s permanent secretary in the Ministry of Finance during the hurricanes. Focusing on debt alone was “absolutely ludicrous,” a sign that the fund was still unprepared to acknowledge the extreme effect that a catastrophic event had on a country’s finances. Grenada had cut its budget and increased its revenues but watched its economy crumble and its poverty explode anyway. Lack of fiscal discipline alone could not account for the country’s troubles, and it wanted the support of the most powerful global institutions in finding a solution.

Over time, the IMF did begin to recognize the importance of preparing for the economic shock that climatic changes could bring — by 2014, several of its Grenada reports mentioned it. Still, connecting the risk to the consequence of default appears to have been too great a leap. Climate change was not even identified as a cause or risk factor when the IMF released its post-mortem on Grenada’s restructuring in 2017, suggesting that it had few methods for quantifying how environmental pressures might affect debt or the pace of its repayment. What was discussed was political instability and rising interest rates, not faltering agricultural exports or rising heat. “They only have a hammer,” says Daniel Munevar, a former senior analyst for Eurodad now with the U.N. Conference on Trade and Development.

In June 2014, as Grenada again approached insolvency, Antoine gathered civic and religious leaders in the second-story meeting room of a Catholic church overlooking Grand Anse Beach to plot a different approach. Grenada’s leaders wanted a mechanism that could protect them against repeating the same fate when another climate catastrophe hit. But the IMF staff weren’t sure how to put a value on the chance of a catastrophe and how to measure something that hadn’t even happened yet. A breakthrough came from White Oak Advisory — the consultants Grenada had hired.

David Nagoski, left, and Sebastian Espinosa of White Oak Advisory (Erika Larsen/Redux, for The New York Times)

Espinosa, the firm’s co-founder, had long seen how wealthy countries pushed exotic insurance products as the fix to protect against high risk. But it occurred to him that insurance, which is designed to protect against unlikely calamities, was a poor match for the grim certainties of the climate crisis. He thought instead about how debt and equity contracts often have triggers that change the terms when parties aren’t confident about their risk. What if debt relief were to be triggered by a storm? It could guarantee that Grenada would be protected when the next climate catastrophe arrived.

White Oak constructed a contract clause that would automatically grant Grenada a reprieve from payments on much of its commercial debt if another hurricane hit the island, introducing a new tool for managing sovereign debt crises in a climate-plagued region.

As Mottley began to shepherd Barbados through its own insolvency, Grenada’s experience taught her that success would depend on her ability to use the IMF to her advantage. If she failed, Barbados risked being recolonized, this time financially. Moreover, when it came to facing off against the country’s creditors, Mottley didn’t just want a discount on her debts. She wanted the one thing she’d learned would begin to make her public debt resilient to the shocks of climate change — Barbados’ own hurricane clause.

After Mottley announced that Barbados would default on its debts, the IMF wasn’t the main obstacle to restructuring them; instead, it was the financial institutions that held the debts. It might stand as a mystery how anyone thinks he or she can make money off the tribulations of a group of tiny countries. But impoverished Caribbean islands have delivered wealth to larger powers for centuries, and today is no exception. Before, it was risky commodity ventures that made great fortunes. Now it is increasingly the risk itself. Traffickers in debt offer money that is desperately needed. By taking on the risk that these tiny nations will default, they profit handsomely — and if the risk gets to be too high, they can pass the debt on at a discount to more adventurous investors. That’s the nature of finance. But the climate crisis is raising the risks considerably, and in so doing, it is once again binding the destiny of these fragile nations to the speculative will of faraway powers. Postcolonialism barely had a chance to take hold before it gave way to climate colonialism.

Few parts of the planet stand to be as thoroughly assaulted by the changing climate as immediately as the Caribbean. (Erika Larsen/Redux, for The New York Times)

When in 2018 Mottley told Barbados’ creditors that she did not intend to pay them, she and her team had a plan. The country owed approximately $8 billion, much of it to Barbadian banks owned by Canadian institutions like Scotiabank and CIBC, but nearly $1 billion of the total was owed to global financial firms, including Credit Suisse, the investment-management firm Pimco and a Morgan Stanley subsidiary called Eaton Vance. Her goal — drawn up in collaboration with the IMF — was to reduce Barbados’ total debt load by a third within 15 years. She needed to persuade her creditors to take what’s known as “a haircut,” reducing what they were owed, in this case by roughly a third. The old bonds would be exchanged for new ones at a lower interest rate. It was essential that a hurricane clause be included, too.

On the other side of the negotiations was a young, ambitious investment manager out of Boston named Federico Sequeda. A portfolio manager in emerging markets for Eaton Vance, Sequeda was accustomed to buying sovereign-debt stakes in places like Vietnam and Brazil. The mutual funds he oversaw held large positions in Barbados’ bonds. Sequeda, for one, would take umbrage at the suggestion that emerging-markets investors are predatory. Clearly, these developing countries need capital to function, he points out. Nobody is willing to donate that capital, and so accessing it — just like every other service purchased in the world — comes at a price. Ideally, there is sufficient transparency of motive and transaction so that the exchange can be a win for both sides.

In the run-up to Mottley’s election, Sequeda had flown down to the island to meet with Worrell, the former central bank chief, to get a pulse on the changes foreign investors could expect should she be elected. Still, he was caught off guard by both the sweep of Mottley’s plan and her determination to execute it. The creditors thought that Barbados could pay more and that the country was using the IMF’s cooperation to leverage lower payments. They were neither versed in nor particularly concerned with climate change as a unique risk to their investments. The notion that a hurricane clause might be imposed on funds that firms sold to their clients as less volatile than other investments was untenable. Sequeda didn’t think climate change — or the invention of a debt instrument to address it — was his business or responsibility. “We’re not really set up to analyze the probability of a climate-type risk taking place, and we don’t really think we’re actually the investors who want to be taking on that risk,” he told me.

The problem was that Sequeda and others already had huge exposure to climate risk. Commercial banks and private investors now hold approximately $54 trillion, or more than half, of the total global sovereign debt in emerging markets, linking themselves to the fate of the world’s poorest countries in what the Institute of International Finance warns is “a vicious circle of interdependency.”

Complicating matters is that only part of that total debt is publicly known. Bloomberg records, for example, show that before Mottley’s default, Barbados had at least 30 outstanding bonds and loans worth more than $1 billion, at interest rates as high as 12%. Eurodad examined another financial trading database for The New York Times, looking at bonds in Jamaica, the Dominican Republic, Belize and Suriname — four countries with bonds issued in U.S. or European currencies — and found foreign commercial debt worth nearly $10 billion. The records show that almost every major bank and investment house has a stake in these countries. BlackRock, for example, held $840 million in Dominican bonds as of January 2021. Goldman Sachs, Credit Suisse, Deutsche Bank and Citigroup have all held bonds in the countries, some at exorbitant interest rates. Jamaica, for one, recently owed some $208 million to J.P. Morgan Chase at 11.6%.

Almost certainly this is only a glimpse of a bigger and murkier picture. Eurodad researchers estimate that a vast majority of holdings — about 75% — is private debt that cannot be identified. It is obscured by the contracts that funds and equity groups make with governments, which are not required to be disclosed. Sometimes, Persaud said, even governments aren’t sure to whom they are beholden. Or, as one sovereign-debt lawyer once joked, the only reliable way for a country to identify the holders of its bonds is to stop paying.

The lack of transparency raises fundamental questions about the fairness of default negotiations and the inability of the people most endangered by the debt-climate collision to hold their governments — and their creditors — accountable. In many cases, creditors can sue countries, but countries have difficulty suing back, leaving citizens even more exposed. Over the past two decades, according to Eurodad, half of sovereign debt restructurings have led to litigation, often forcing higher payments than a country can afford.

The most aggressive litigators are found within an ecosystem of hedge-fund investors, sometimes called vulture funds, that wait for the most vulnerable moment to buy distressed debt cheaply and then flip it for a profit, often by resisting any sort of restructuring or renegotiation. In 2008, NML Capital, a subsidiary of Elliott Management, a hedge fund, bought a discounted stake in Argentina’s pre-default debt and then pursued a relentless legal strategy for repayment — at one point having an Argentine Navy ship seized off the coast of Ghana. It earned its money back and then some when Argentina issued a new bond deal. A fund called Aurelius Capital Management similarly bought up Puerto Rico’s debt, then argued in court that the island had to repay the fund before it could finance other projects, including hurricane preparedness. That case was dismissed.

In late 2018, Persaud received an email stating that a Connecticut hedge fund called Greylock Capital had bought an undisclosed portion of Barbados’ debt, and with it, a seat at the table among its creditors. The email, as Persaud recalled, warned that “they could take us to court.” But Greylock’s interest offered an opportunity. A distressed-debt fund also doesn’t need to recoup the same value that Sequeda did to make its profit, because it bought the bonds for a lower cost. Greylock might be able to drive down Sequeda’s price, helping Mottley get the terms she wanted.

From almost the start, the disaster clause Mottley sought was a sticking point. Her team would write up a lengthy proposal, always with a natural-disaster clause among Barbados’ demands. The creditors’ committee routinely would remove it. Mottley, patient, held out.

The clause White Oak designed wouldn’t reduce Barbados’ debt directly. But by suspending payments, it provided immediate access to funds in the aftermath of a calamity and shifted payment to the back end of the term. It would avoid disorderly default and keep Barbados, in the event of a catastrophe, at the table. The investors, though, didn’t buy it. Some of them, Persaud says, sharpened their tactics, telling reporters that Barbados was slow-walking its economic repair. The Financial Times reported that some creditors found White Oak’s $27 million fee to be “absurd.” Then, Sequeda and the creditors’ committee went to Washington and lobbied the IMF, demanding that it require Barbados to set aside a larger annual surplus — in essence, to free more cash to repay its debt faster.

The IMF maintains it kept the creditors at arm’s length. But sometime soon after, according to Persaud, its mission chief on the Barbados deal, Bert van Selm, grew impatient for the government to settle — even if it meant the hurricane clause would be lost. “I said, ‘Bert, are you trying to pressure us into a debt restructuring?’” Persaud told me. He says van Selm replied that the IMF needed the restructuring to be finished. Alejandro Werner, though, the IMF’s former director for the Western Hemisphere, is more direct about what occurred. For months, he says, he struggled to keep the IMF’s internal departments aligned so that Barbados’ program could succeed. But the more Mottley delayed, the more the pieces threatened to come apart. Some of the IMF staff thought Barbados was “being very obnoxious in asking for the natural-disaster clause,” he told me. “Everybody was kind of like: ‘OK, we’re so close. Let’s just close.’”

One day in early 2019, with the negotiations at an impasse, Persaud flew to New York for a private meeting with Sequeda. For nearly a year, the two sides had been in a stalemate. In person it was different. They sat for coffee at the luxurious Mandarin Oriental hotel, with views over Central Park and Midtown Manhattan. Sequeda, who was unyielding in previous meetings, softened. His father-in-law and Persaud’s father were both from Guyana. Persaud, once a Wall Street executive himself, could talk Sequeda’s talk. Sequeda wanted to make sure the new bonds would be large enough for him to easily sell his stake later on — something made more likely if the bond met the $500 million threshold to be listed on the J.P. Morgan emerging-market index. Persaud, of course, wanted the disaster clause. “He kept saying liquidity,” Persaud said. “I kept saying disaster clause.”

A few months later, the agreement was signed. There would be a fund of roughly $530 million. Barbados received a 26% reduction in its debt, enough to — at least temporarily — drop its interest payments from 7% of its economy to 3% and free up more than $500 million a year. And it received its disaster protection, making Barbados the largest issuer of bonds with hurricane clauses in the world.

It was a tremendous victory for Mottley and Persaud, but soon afterward, two things happened to remind them just how precarious life on an island can be: The COVID-19 pandemic struck, and a relatively modest storm rolled over the country.

The July 2, 2021, forecast was for blustery rains, but not extreme by Caribbean standards. As the winds picked up in Bridgetown around 7:15 a.m., Sandra Clarke made up some peanut butter on biscuits for breakfast. Clarke had worked as a stenographer for the Health Ministry. She liked Mottley — “She’s down to earth.” When the IMF terms spurred the Barbados government to cut roughly 1,000 jobs, Clarke was among those let go. It hurt her finances, but she still felt that Mottley was acting in Barbadians’ best interests. That morning, the howling grew louder, and the rain came harder. A tearing sound made Clarke look up — there was a gap where a wall and the ceiling met. “Run!” her son shouted. “I can see the sky.”

Sandra Clarke at her former home, which was destroyed by a storm in July 2021 (Erika Larsen/Redux, for The New York Times)

Months later, I met Clarke where she was staying, a government-run emergency shelter in an 18th-century stone seminary overlooking the eastern shore of the island. The good news, she told me, was that the government planned to rebuild her home. The bad news was that progress had been slow, and the house remained a series of dilapidated courtyards, with a yellow dumpster in the front yard filled with soggy mattresses and splintered wood.

Three years after Mottley identified climate change as Barbados’ preeminent threat, and three years into her effort to restructure its economy to better prepare for that threat, the country still hadn’t been able to address one of its highest priorities: shoring up vulnerable, poorly built housing. The storm, called Elsa, which barely ranked as a Category 1 hurricane, happened to fall just short of the catastrophe level that would trigger the country’s hurricane debt relief. It was, however, the kind of routine challenge the government should be able to withstand. Indeed, Clarke had gone to the government a year earlier to apply for a program that would have fixed up her house, but the waiting list was long and the funding short.

The dollars that might have saved Clarke’s home were instead used to amass a surplus that the government had promised the IMF. Mottley had reduced the public work force and raised all sorts of taxes to ballast the government’s balance sheet. All of this was done for the sake of two metrics by which the IMF still judged a country’s success: How much savings could the government set aside, and how quickly could it reduce the ratio of its debt to its GDP? To critics like Mark Weisbrot, co-director of the Washington-based Center for Economic and Policy Research, these metrics weren’t fit to the task, and meeting them was proving to be more than Barbados could bear.

As a key condition of its IMF program, Barbados agreed to produce a surplus of 6% of its GDP each year. Because government revenues — from taxes and fees — were dependent on how well the nation’s economy performed, this assumed that it would grow at a rate it had not in years, if ever, an expectation that several economists described as unrealistic, even cruel. Van Selm, the IMF’s mission chief for Barbados at the time, defends the number. “It can be done,” he told me. The IMF, meanwhile, held Barbados to its second critical measure: It would have to use much of that surplus to slash its debt levels until the debt made up just 60% of the nation’s GDP.

These are metrics that looked great in the textbooks of global economics schools in the 1960s, but they are not the measure by which the ruling economies of the world are judged today. Japan’s economy is doing fine with a debt ratio of 258%, and the United States has a ratio of 150% — both countries, Mottley said, that “did everything that they tell us traditionally not to do.” The 60% ratio, in particular, requires extreme austerity. “It’s a little bit of a matter of theology rather than economics,” Persaud told me. He and many others believe that it’s not the total amount of debt that matters, but to whom it is owed and how much it costs to carry. Development aid, for example, is often delivered as extremely low-interest loans. Should that count the same as high-interest debts to hedge funds? “It’s become a fetish,” Persaud said.

As small nations accumulate substantial debt because of climate change, which they neither caused nor benefited from causing, it raises even larger questions. Should those countries be penalized again for carrying that debt on their balance sheets, even as investors — in the purest distillation of climate colonialism — profit from that debt? Should there not at least be an allowance in IMF policy that distinguishes between climate-caused expenses and other, normal governing expenses?

When she was elected, Mottley thought she could work within the IMF’s system — that it could be flexible enough to let her whittle away at the drastic needs her country faced. A year after the negotiations were complete, though, she was beginning to see this was an illusion. That was when the COVID pandemic kneecapped Barbados’ tourism industry. Government revenues plummeted, the country’s surplus flipped into a 2% deficit and its debt started to rise again. The IMF cut Barbados a break when the pandemic hit, lowering its surplus target, but only temporarily. As the free-fall continued into 2021, the IMF announced that it would soon push Barbados toward its 6% target surplus once again, with van Selm saying that he was “pretty sure that tourism in Barbados will bounce back.” If the IMF’s goal was to support Mottley in building resilience to shock — climate as well as economic — its policies seemed to be having the opposite effect. The fund’s insistence on building a surplus was instead putting Barbados in a holding pattern, effectively sidetracking climate priorities.

While Clarke’s house, first image, remains uninhabitable, she and her son are staying in a government shelter at an 18th-century seminary on the east coast of the island. (Erika Larsen/Redux, for The New York Times)

Why? One reason, according to current and former staff members I spoke to, was that some groups within the IMF still didn’t think that accounting for climate change was essential to their work. Lagarde, who declined to be interviewed for this article, was sympathetic to Mottley’s climate fears, says Mark Plant, a 24-year veteran of policymaking at the IMF who now runs a finance division at the Center for Global Development, but during her tenure the fund made few strides on the issue. Then, in 2019, Kristalina Georgieva, a Bulgarian environmental economist, came from the World Bank to direct the IMF. Climate issues were trending politically, “and so she has pushed it quite hard,” Plant said. The same year, Alejandro Werner and Krishna Srinivasan, then the IMF’s deputy director for the Western Hemisphere, wrote a policy paper that for the first time laid out a broad philosophy for incorporating climate risk into the fund’s analytical framework. It suggested that in the future the IMF should lead countries into considering climate costs and make its support conditioned on it. Implementing those intentions has proved complicated, though. “The fund,” Plant says, is still “struggling to fund the right levers.”

One problem, according to Aldo Caliari, who heads policy and strategy at Jubilee USA, an interfaith group active in development finance, is that the organization is still trying to build the staff and expertise it needs to grasp the fiscal impact of the climate threat. Sometimes, its efforts have appeared borderline disingenuous. A few years back, for example, the IMF began advising countries to build a climate reserve fund made up of roughly 1% of their GDP to help pay for disaster recovery. But that, say analysts of IMF policy like the U.N.’s Munevar, basically is asking struggling countries to not use money that they could spend to prevent a disaster — so that they can use it to mop up afterward instead.

The IMF, through the official statements it offered for this article, says that climate change is “now in the DNA” of the institution and that it is acting aggressively on the issue. “The IMF is a learning institution,” a fund spokesman said. “We recognized the need for change in recent years and are moving fast on that journey.”

The fund points to the paper Srinivasan and Werner wrote in 2019, which called for new mechanisms, like the hurricane clauses Grenada and Barbados enacted, to create fiscal breathing room for countries to pay for climate impacts. It presented a vision for the future in which climate issues rise to such prominence within the organization that climate planning becomes a central criterion for IMF approval.

By 2022, the fund had made some headway. Among other efforts, it and the World Bank have both begun to help countries either self-insure against disaster or secure discounted institutional financing before a catastrophe happens. The two organizations are running a pilot program in six vulnerable countries to assess their climate-change policies. For low-income countries, the IMF now requires the economic shock of a disaster — though not the gradual and corrosive trends of climate change — to be considered in its analysis of debt. Most recently, in April, the IMF announced the creation of a new, $45 billion resilience trust, some of which is likely to head to Barbados. Mottley, for her part, says she has found the IMF increasingly attuned to her country’s needs.

Still, when in late 2020 Eurodad looked for evidence that the climate-change policies were rising to prominence within the IMF, it found little. Researchers examined 80 IMF programs around the world and found that climate was central to the fund’s assessment in only one country — Samoa. Critics and insiders both observe that a sense of urgency is still missing. “Eventually” the IMF will have to figure out how to better incorporate climate vulnerability, Werner told me. “I mean, we’re still advancing on that.”

One evening in January, I visited Persaud at his home atop a neighborhood called Beacon Hill. Winding up his short, steep drive, I parked in front of a set of broad concrete steps with views over Bridgetown. Persaud came to the porch dressed casually, in a light blue button-down and slacks. We headed toward his backyard, where two friends, Barbadians visiting from the United States, sat among trees on a short-cropped lawn.

Much had happened in the previous few months. In November, Mottley announced that Barbados would cast off Queen Elizabeth as the country’s titular head of state and declare itself the world’s newest republic, then called for a snap election, which she won handily. The mood was light; the next day, a new government would swear allegiance to its own country for the first time. Persaud poured a glass of California cabernet while his guests told stories about Mottley from high school.

Then Persaud got serious, returning to Barbados’ precarious future. “We cannot do this just through debt, even if there were no limits,” he said. Nor could any country in the Caribbean — or, for that matter, any vulnerable country in the world — survive the climate crisis by borrowing more money. No amount of economic growth would ever be enough, either. The deeper he and Mottley got into their economic reeducation, he said, the clearer it became that a just future for people in small, front-line countries would require a radical shift in how the IMF and the World Bank applied their resources.

For years, Persaud has been at Mottley’s side, answering midnight text messages, tuning her fiscal options, looking five chess moves ahead, innovating ways to fix the region’s fiscal crisis even as her star rose through international speeches and she worked to raise the issue of sovereign debt from an obscure cause to a global climate concern. When Mottley talks about economics, it’s partly her thinking — she is indisputably the boss and has a striking fluency in policy minutiae — but almost always partly his, too. He writes many of those speeches. If Mottley is the decisive leader, Persaud is the fount of possible solutions, churning out or delving into economic innovations he thinks might save the world.

There are the hurricane clauses, catastrophe bonds, “blue bonds” — which designate money just for ocean conservation — and a trendy new category called debt-for-climate swaps. The list goes on, Persaud said. The problem isn’t lack of ideas. It’s how to scale them so they can have measurable effects.

The South Coast Boardwalk in Hastings, second image, is part of Mottley’s Roofs to Reefs initiative. (Erika Larsen/Redux, for The New York Times)

Lately, he had been focused on a new plan that would draw on two pools of money. The IMF directly controls nearly $1 trillion worth of member reserves, which it can distribute to members using what it calls “special drawing rights” and mostly holds for some larger emergency. Surely the climate crisis counted as an emergency. The IMF could use its internal drawing rights and expand the availability of 0% loans to help fund the kinds of adaptation efforts that the United Nations estimates will soon cost as much as $500 billion annually. Doing so would require changing a lot of rules, particularly about who qualifies for that funding and how it is earmarked. The IMF’s new Resiliency and Sustainability Trust — a catchall for everything from climate mitigation to pandemic costs — is a start, but only just that. “It’s about 10 times too small,” Persaud said.

Persaud’s plan has an even more costly and ambitious element: addressing mitigation, which Morgan Stanley estimates will cost $50 trillion globally over the next 27 years. IMF members hold $13 trillion in national reserves. Persaud proposes using 1% of that larger pool to seed an enormous new climate trust that would attract outside investment for emissions-slashing projects. The trust could make seed loans at a nominal interest rate and target those loans to specific development projects, keeping the debt off governments’ balance sheets — and excluded from debt-ratio calculations. Persaud thinks that funding could attract perhaps another $2.5 trillion in annual investments from banks and equity funds. That, finally, would be big money.

As expensive as these plans may sound, they are likely to save money and ultimately pay for themselves. According to Colin Young, executive director of the regional Caribbean Community Climate Change Center, for every dollar spent on climate resilience, six dollars are saved in recovery efforts. Not doing anything, researchers at Tufts University found, will allow costs to mount so much that they will subsume today’s Caribbean economies even without the shock of devastating storms. By 2050, the researchers wrote, the costs of inaction will amount to 10% of the region’s total economic activity — a fiscal death sentence.

It is possible that none of the approaches that Persaud argues for will ever be enough. But the IMF is increasingly aware that the scale of the problem requires solutions that are antithetical to the old way of thinking. One person close to the IMF’s highest levels of policymaking told me that some of the countries facing the most intense climate peril will never be able to pay back what they owe. “They’re going to require complete debt forgiveness, and some bit of austerity around the edges is not going to change that,” he said. “The order of magnitude of the problem is just too big.”

Persaud, like virtually everyone I spoke to, is hesitant to talk about erasing sovereign debt. After all that Barbados has been through, he would still prefer to work within the global finance system. “I know we don’t want to create the moral hazard of giving away money for free,” he says. Besides, global institutions can forgive only their own loans. Because most of the debt is now held by commercial investors, it stands to reason that to receive relief from them, the development banks or other large economies would have to be willing to pay those investors back.

There is an argument to be made, though, that the loss of the money owed is a minimal price in the context of the profit that has been made, and that there is justice to this form of mercy. BlackRock, for example, is now among the largest holders of Barbados’ publicly traded debt, having purchased large blocks of it once Sequeda and the creditors settled. Consider what BlackRock, which is also the largest global financier of the oil-and-gas industry, has earned directly from the processes that have caused climate warming.

In a capitalist society, it is fair to ask why anyone should get anything free. But Barbados and the countries of the Caribbean are paying a tangible price now in lives and in dollars because of the emissions of wealthier nations. Perhaps the suggestion that lenders forgive debt isn’t about kindness but about obligation — about seeing it as a kind of back tax that they owe to society and to front-line societies, in particular.

Until the recent completion of an infrastructure project, Kenneth Blades was able to keep only part of his farmland watered. (Erika Larsen/Redux, for The New York Times)

Throughout the winter, the pressure mounted on Mottley. The IMF’s three-year program was drawing to a close, and the fund was still insisting that Barbados would have to swing back toward 6% budget surpluses by 2024 — or else it would lose access to promised funding, as well as the credibility that would allow it to borrow from markets in the future. The IMF announced this while Barbados’ economy continued to struggle and while COVID still raged, and so Mottley, perhaps approaching the end of her patience, raged too.

I reached Mottley one afternoon at her house on the beach, a home where she had spent time since she was a little girl. She arrived for our video call late, delayed by a stop she made across the island at a water-pumping station, where she had gone to assure locals that the government would fix its 70-year-old cast-iron foundation. It was the sort of thing, the most basic thing, that her government was managing to address in these difficult budgetary times — but only barely.

She sat on an outdoor sofa, her laptop on her knees, the camera close to her face in the way we have all grown accustomed to in the era of Zoom. It was the second of our three interviews over the course of the past year, and she began by telling me about the beach in front of her house. It used to teem with spiny sea urchins. “As a child, I stepped on more cobblers than I would like to recall,” she said. “Now you can walk, you don’t see anything.” The beach itself was eroding, her house edging into the rising sea.

In four years, Mottley had become a leader not just for Barbados but effectively for dozens of Caribbean countries, many with populations smaller than a midsize American city, all of which had to face these global institutional juggernauts by themselves. In 2018, she excoriated the United Nations General Assembly — “For us, it is about saving lives. For others, it is about saving profits” — in a speech about the forgotten countries on the climate front lines. She spoke, in 2021, at the opening of the 26th annual U.N. Climate Change Conference in Glasgow, in which she pointedly accused the developed world of hypocrisy, asking, “When will our leaders lead?” Since 2008, she pointed out, the G20 nations had spent $25 trillion printing new money to juice their own stalling economies, money they could have used to prevent the worst of the climate crisis instead. That failure “will allow the path of greed and selfishness to sow the seeds of our common destruction,” she said. She left the conference holding hands with President Joe Biden.

All that access to leaders like Lagarde, Georgieva and Biden gave Barbados an advantage over other Caribbean countries — an advantage Mottley was happy to leverage but which meant that even Barbados’ modest successes might be unrealistic for its regional peers. “We are unequally yoked,” she said. If there was any consolation, it was that the IMF itself finally appeared to be attaching action on climate to its reputation. Thanks to Mottley’s efforts, Barbados had become a showcase for the IMF, a way to prove it could be agile on climate issues, too.

Barbados, though, was still being measured against the antiquated convention of its ratio of debt to GDP, which happened to be growing as the pandemic and war unsettled markets. How could the IMF still want the budget to swing back into surplus? Mottley found it infuriating. “I can’t do these things if I have to spend money on augmenting water supply because of the climate crisis,” she said.

Suddenly it seemed as if all of it had become a treadmill exercise. The efforts to win a disaster clause — a clause that the Inter-American Development Bank has now made standard for its loans in the Caribbean. The deep thinking and brainstorming of bigger solutions. The climate swaps to exchange debt-service fees for ecological upgrades. And so on. Maybe her goal hadn’t been big enough. Maybe it wasn’t about finding more money in the current system but about changing the system altogether. “I’m saying the same things over and over, over and over,” Mottley told me. “You begin to feel as though you’re going crazy.”

In March, Mottley was scheduled to give a speech at the World Trade Organization. She has two rules for capitalizing on her high-profile public appearances: Always make a big ask, and never leave the podium without offering a solution. Persaud set to writing the speech, but this time felt different. Neither he nor Mottley was confident that trade helped solve the big problems of the world. It seemed to make them worse.

For Mottley, the fact that Britain was swimming in vaccine doses for months while Barbados had to beg China for a few thousand vials was a prime example. The politics of the pandemic had erased Mottley’s inhibitions about dealing more straightforwardly with the climate crisis, too. The World Trade Organization couldn’t protect against pandemics. It couldn’t preserve peace in Europe. It couldn’t fix climate change. Mottley would now disavow the current global financial system in its entirety, because it was still, at its heart, a colonial system, a system of oppression.

Lately, she told me, she had been thinking a lot about the idea of reparations, and about how Barbadians have struggled, and how far they had come. The horrific paradox, of course, was that after the British banned slavery, they did pay reparations — just not to the victims of the crime. At every step, Mottley reflected, freedom had come incrementally for Barbadians. Or rather, the oppression had found new, seemingly more benign forms. First, it was the decadeslong work-for-land scheme. Later, it was their beaches and banks — almost all of which are foreign-owned. And after that, it was their cash, in the form of interest. What more was there to give?

Elsewhere, the world has confronted its past abuses. Mottley recalled a trip to Europe 20 years ago, during which she observed a ceremony for Germany’s reparations paid to survivors of the Holocaust. While she was there, South Asians were rioting in Britain over their former colonial oppression. She was struck that no such thought was given to the Caribbean. The Caribbean was unseen then, and it remains unseen now. To fight the climate crisis, to fight the pandemic or meet development goals, Mottley said, countries are still fighting for a platform. “You will realize that in almost every instance, we’re fighting our old struggles on the same basis,” she said. “What is its underlying cause? The inequity in the world in which we live, and the inequity is preserved fundamentally because we’ve not changed the power structure.”

There were no misgivings or hesitations about what she was preparing to deliver to the WTO. She and Persaud had decided to be blunt. The rest was a delicate balance. “She does not want to be put into a box,” Persaud said. “She does not want to be put in a female box, I don’t want her in a SIDS box, and we don’t want to be anti-West, because that’s not who we are.” Mottley read the speech the day before and read it again, absorbing it.

My friends,” she began, with a nod across the floor to Director General Ngozi Okonjo-​Iweala, “the global order is not working.” It does not deliver on peace or on prosperity or on stability, she said. The words of global partnerships were hollow, the partnerships themselves glib, corrupted by greed and selfishness — and they remained fundamentally imbalanced. Debt is written off in Ukraine, as it was for Germany after World War II. Other countries, though, the ones subjugated throughout history, have seen their humanitarian crises ignored. The world, she said, “is segregated regrettably between those who came first and in whose image the global order is now set” and a global order that is itself “simply the embalming of the old colonial order that existed at the time of the establishment of these institutions.”

Gone was the patient case-building, the appeals to logic and empathy, that characterized so many of her recent speeches. Her hair, always in a neat Afro, was grayer and frazzled; her fatigue seeped through her expression. “We have therefore to ask ourselves whether we can live in this global order.”

It was time to reset. The war in Ukraine was forcing that reset anyway. She could work with the global economic system to raise capital. She could probably find a strategy to bolster her island’s standing in the face of cataclysmic climate change, at least for a while. But combining both? It had proved impossible. It was time to use the IMF’s drawing rights, the hurricane clauses, all of it. And then Mottley laid out Persaud’s plan to establish a new climate trust based on the IMF’s reserves, her big ask.

But to make these changes, she warned, the world had to get to a new place in spirit. It had to fill some gaping moral cavity. “That we are more concerned with generating profits than saving people,” she said, “is perhaps the greatest condemnation that can be made of our generation.”

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Doris Burke contributed research.

by Abrahm Lustgarten

How Polio Crept Back Into the U.S.

2 years 3 months ago

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Update, July 26, 2022: This story has been updated to reflect preliminary results of wastewater tests.

About a month ago, British health authorities announced they’d found evidence suggesting local spread of polio in London.

It was a jolt, to be sure. The country was declared polio-free in 2003.

But at least no one had turned up sick. The proof came from routine tests of sewage samples, which can alert health officials that a virus is circulating and allow them to intervene quickly. Based on genetic analysis of those samples, officials in the United Kingdom moved to protect the city’s children by reaching out to families with kids under 5 who hadn’t been fully vaccinated.

Polio’s first appearance in almost a decade in the U.S., confirmed late last week by health officials in New York, would play out quite differently.

In the U.S., public health agencies generally don’t test sewage for polio. Instead, they wait for people to show up sick in doctor’s offices or hospitals — a reactive strategy that can give this stealthy virus more time to circulate silently through the community before it is detected.

In New York, the first sign of trouble surfaced when a young man in Rockland County sought medical treatment for weakness and paralysis in June. By the time tests confirmed he had polio, nearly a month had passed.

Because the majority of polio infections cause no symptoms, by the time there’s a case of paralysis, 100 to 1,000 infections may have occurred, said Dr. Yvonne Maldonado, a professor of pediatrics at the Stanford School of Medicine who chairs the American Academy of Pediatrics’ committee on infectious diseases.

“You’re already chasing your tail if you’re going to wait for a case to show up,” she said.

Only after the case was identified did New York health officials start the sort of surveillance the British did, testing wastewater samples from Rockland County and beyond to help determine if the virus is spreading and where. Like many parts of the U.S., New York already was collecting sewage and analyzing it to track the spread of COVID-19. Health officials say they’re now testing stored samples for signs of polio. They say they’ve detected polio in a few Rockland County samples but need to analyze more to understand what the initial results represent.

For decades, the cost of doing wastewater surveillance for diseases like polio pretty clearly outweighed the benefit.

High U.S. vaccination rates, topping 90%, made the risk of such diseases incredibly low, though there have long been pockets of population in which rates are far lower. Rockland County, a suburban area northwest of New York City, is one such place. It suffered an extended outbreak of measles, another vaccine-preventable disease, in 2018 and 2019 that was largely concentrated in its Orthodox Jewish community, where many opt out of vaccines. Several news organizations have reported that the polio patient is a member of that community.

Nationally and globally, there are signs that the pandemic has opened up new vulnerabilities to diseases long in retreat. Routine immunizations have been hindered by a host of obstacles, including COVID-19-related lockdowns and growing vaccine resistance stoked by misinformation and politicization. A recent analysis by UNICEF and the World Health Organization showed that the percentage of children worldwide who received all three doses of the vaccine against diphtheria, tetanus and pertussis — a measure of overall immunization — dropped 5 points between 2019 and 2021 and that measles and polio vaccinations fell, too. The organizations say that’s the largest sustained decline in childhood vaccinations in the roughly 30 years they’ve been collecting data.

That could create greater risk of polio, a scourge of the first half of the 20th century in the U.S. Highly contagious and potentially life-threatening, polio historically has victimized mostly young children, attacking their spinal cords, brain stems or both.

The virus spreads when fecal material or respiratory droplets from infected people get into water or food or onto other people’s hands, which they then put into their mouths. This may sound unusual, but it’s among the more common ways viruses circulate, especially among children.

Around 70% of those who are infected show no signs of the illness but can infect others. Of those who do get sick, most have mild symptoms, such as fever, sore throat, muscle weakness and nausea. But about 5 in 1,000 infected people develop irreversible paralysis.

At its peak in 1952, polio killed more than 3,000 Americans and paralyzed more than 20,000. Images of children encased in coffin-like iron lungs terrified parents. Those fears faded swiftly after the first polio vaccine was approved in 1955. Within two years, cases dropped by as much as 90%.

Since 1988, when the Global Polio Eradication Initiative began pouring billions into immunization campaigns and surveillance around the world, polio has been eradicated in much of the rest of the world. Wild polio, the kind that occurs naturally, remains endemic in just two countries, Pakistan and Afghanistan.

But there’s another kind of polio that’s circulating, one linked to the type of vaccine that’s used in much of the world, particularly lower-income countries. This oral vaccine, which hasn’t been used in the U.S. since 2000, is easy to administer — just a few drops on the tongue — and cheap to make. It uses weakened live viruses to trigger the immune system to create protective antibodies.

That brings a bonus. When the vaccinated shed the weakened live viruses in their stool, they can spread to the unvaccinated, triggering protective antibodies in them as well.

But it also brings a risk. In rare instances, when the weakened viruses circulate in people who have not had the vaccine or are under-immunized, they revert to a form that can sicken unvaccinated people, causing the disease they were meant to prevent. The injectable polio vaccine used in the U.S. contains only inactivated viruses and cannot cause this.

Cases of vaccine-derived polio have surged in recent years after global health authorities in 2016 decided to remove one strain of polio from the oral vaccine after determining that the wild version had been eradicated globally. That left a growing number of children with no immunity to the vaccine-derived version of that strain, Type 2. (The injectable form of vaccine used in the U.S. conveys protection against all strains of polio.)

Type 2 vaccine-derived poliovirus is the kind that was found in the British sewage samples. It was also the kind that infected the unvaccinated Rockland County man, indicating a transmission chain from someone who received the oral polio vaccine, health officials in New York said.

Officials are still investigating where the man caught the virus, here or abroad. The Washington Post has reported that the man traveled to Poland and Hungary this year, but a spokesperson for the Rockland County Health Department said in an email, “The person did not travel outside the country during what would have been the incubation window.”

Ultimately, New York health officials will use wastewater monitoring to tell them quickly whether they have a bigger problem, essentially allowing them to test thousands of people at once for polio infection rather than individually, David Larsen, an epidemiologist and Syracuse University professor who directs the state’s wastewater surveillance network, said in an email.

Wastewater testing for polio has been a staple in developing nations for decades, but at least a few countries where cases are rare and vaccination rates are high do it, too.

The U.K. began monitoring wastewater in 2016 for polio and several other viruses that occur in the gastrointestinal tract, a spokesperson for the British health security agency said via email. (It has since added the virus that causes COVID-19 to the list.)

Israel has monitored sewage for polio since 1989. In 2013, health officials were able to detect an outbreak of wild polio just from sampling and launch a vaccine campaign in response without ever experiencing a case of paralysis. This year, though, a young child in the Jerusalem area came down with paralytic polio. Public health authorities there found additional infections through sewage tests.

Some U.S. public health officials have been skeptical of the value of such testing here.

“I’ve always been unenthusiastic about doing it for polio in the U.S. and a big supporter of doing it elsewhere, where there are deficiencies in other surveillance systems,” said Mark Pallansch, who retired in 2021 after spending much of his career working on polio eradication efforts for the Centers for Disease Control and Prevention.

COVID-19 has triggered a blast of interest in wastewater surveillance, prompting cities, states and colleges to launch programs and opening a floodgate of funding for them.

The CDC sent federal money to health departments in over 40 jurisdictions to support such tracking efforts, working with them to collect data that’s published on the agency’s National Wastewater Surveillance System website. A spokesperson said in an email that the agency was working to expand the platform to include data on other pathogens, from foodborne infections like salmonella to influenza, but not polio. Testing nationally for polio would be labor and resource intensive, requiring increases in public health laboratory capacity, the spokesperson said.

One asset of wastewater monitoring is the ability to pivot quickly to test something new.

In November 2020, the Sewer Coronavirus Alert Network, based out of Stanford and Emory universities, started daily monitoring at California wastewater plants for the virus that causes COVID-19. It’s since added monitoring for other pathogens, including COVID-19 variants, the common respiratory virus RSV and, most recently, monkeypox. Such additions are relatively economical since the network can test for multiple pathogens from a single sample, said Marlene Wolfe, one of the two principal investigators and an assistant professor at the Rollins School of Public Health at Emory.

In adding more tests, Wolfe said, the question is always whether monitoring a disease this way is likely to surface anything of enough concern to drive public health decisions.

Many question whether the expansion of wastewater testing fueled by the pandemic will last. Maldonado, the American Academy of Pediatrics’ infectious diseases committee chair, said the recent polio case is another signal that more disease tracking is critical.

“Maybe this is a clarion call for us to really start building better surveillance networks,” she said.

by Robin Fields

The Leader of New York’s “City of the Dead” Cashes In. Again.

2 years 3 months ago

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The stretch where Pinelawn Road turns into Wellwood Avenue on New York’s Long Island is known to locals as Cemetery Row. For 3 1/2 miles, the four-lane road is lined with sweeping, manicured lawns with separate entrances to eight cemeteries set back from the street. Comprising 2,300 acres, almost three times as much land as New York City’s Central Park, it’s the largest contiguous area devoted to burials in the United States.

The business district in Cemetery Row has a power plant, a commuter rail station and a suburban-style commercial strip surrounded by burial grounds. Large signs advertise marble slabs, and you can see smoke wafting up from a crematory. Commercial and religious establishments with names such as St. Charles Monuments, Eternal Memorials and Star of David Memorial Chapel alternate with Kerensky Florist, Michelle’s Florist and Chicky’s Florist, not to mention two gas stations and the Barnwell House of Tires.

The oldest of the cemeteries here, in Farmingdale about 20 miles east of New York City’s eastern border, is Pinelawn Memorial Park. At 839 acres, it’s the second largest nonmilitary cemetery in the country. During the dark early days of the pandemic, when local cemeteries struggled to keep up with the region’s wave of COVID-19 casualties, Pinelawn emerged as a standout; it was able to keep its operations going to meet the needs of grieving families. Pinelawn buried 5,381 people in 2020, up 30% from the year before, according to its filings.

In New York, unlike most other states, cemeteries are not-for-profit organizations. For 175 years, the state has prohibited for-profit cemeteries, largely to ensure that as much money as possible goes to the upkeep of graves and to prevent profiteering from death. Like other cemeteries in New York, Pinelawn is owned by the thousands of people who have bought burial plots there, overseen by a board meant to represent the plot holders’ interests. As a nonprofit, Pinelawn pays no taxes on its land or on the millions of dollars that surged into its coffers during the pandemic.

But Pinelawn doesn’t resemble other New York cemeteries in a key respect: The Lockes, the family that has run Pinelawn since it opened in 1902 and that has passed down the leadership among four generations, have consistently cashed in on its nonprofit operations. During its heroic pandemic efforts in 2020, the cemetery’s revenues rose by a third, and as demand soared, Pinelawn raised the prices of its burial plots as much as 47%, with the price of a plot in one coveted location rising from $7,495 in 2020 to $10,995 a year later. And that doesn’t count the cost of the bronze grave markers, mandatory at Pinelawn (which bars traditional gravestones in favor of markers that are flush to the ground). In all, the grave markers and a long list of additional fees can add another $7,000 to $10,000 on top of the cost of the plot.

Pinelawn president Justin Locke was paid $500,000 in 2020. His wife, Alexandra, who was promoted from office manager to executive vice-president of the organization in 2016, was paid $300,000. Locke’s parents, aunts and uncles split another $2.2 million in dividend-like payments from the sale of cemetery plots.

The combined $3 million made by the Locke family from Pinelawn in 2020 doesn’t capture its total take, nor does it capture the family’s history of using Pinelawn to make money. Justin Locke’s father, Stephen, who ran Pinelawn until 2013, used about a quarter of the cemetery’s land to open a for-profit golf course that he co-owns to this day.

Meanwhile, Pinelawn, which has touted its beauty and tranquility for more than a century — it spends $1 million a year on advertising, according to publicly filed financial reports, more than any cemetery in the state — has embarked on a plan to lease another 100 of its acres to a developer who plans to build warehouses and office buildings.

Pinelawn and the Lockes declined multiple requests to be interviewed for this article. Presented with extensive questions in writing, Katherine Heaviside, a press representative for the family and the cemetery, responded to only one of the scores of points raised. And as this article was nearing publication, the cemetery mailed ProPublica a check for $1,000, which Pinelawn said was intended as a donation. ProPublica returned the check, citing the impending article. Heaviside said the donation was made “in response to a solicitation from Jill Shepherd at ProPublica,” adding, “ProPublica’s ethics are very questionable here.” (Shepherd, ProPublica’s director of online fundraising and outreach, sends out bulk email solicitations that are distributed to hundreds of thousands of people who have agreed to receive emails after signing up for ProPublica’s newsletters or donating. She has never been in individual contact with Pinelawn.)

The Lockes’ ways of cashing in on a nonprofit have caused periodic consternation in New York government circles for the better part of a century. Those practices helped lead to the creation of a state regulatory agency to oversee cemeteries and a legal ban on the sorts of dividends that the Lockes receive. But for nearly 75 years now, that ban has exempted Pinelawn. The cemetery business may have changed a lot during that time, but, it appears, the Locke family’s practices have not.

As other nearby cemeteries struggled to keep up during the early pandemic, Pinelawn was able to maintain its operations. It buried 5,381 people in 2020. (Chris Gregory-Rivera, special to ProPublica)

In the early months of the pandemic in the New York City area, the systems that processed deaths were as overwhelmed as those that worked to save lives. Bodies piled up at hospital morgues. Funeral directors couldn’t quickly answer the calls of grieving families, much less retrieve bodies. Crematories burned around the clock.

Cemeteries, too, struggled to manage during the start of the pandemic. Long Island facilities were booked solid, and wait times for burials increased to weeks. Cemeteries had to begin imposing restrictions. Calverton National Cemetery, the largest military burial site in the country, located about 40 miles from Pinelawn, limited casket burials to 15 per day and stopped accepting cremated remains for burial. Military honors were also suspended. Other operations, such as St. Charles Cemetery, located across the street from Pinelawn, reduced hours and staff. “All funerals Monday through Saturday must arrive by 12 p.m. — There will be no overtime or exceptions,” regulations read.

Many cemeteries, each typically serving hundreds of different funeral homes, limited themselves to 10 burials per day, at a moment when a single funeral home might receive 10 or more bodies a day, according to local funeral directors. “The demand was way higher than the burial limits cemeteries were imposing,” said Michael Hoddinott, a funeral director at Brueggemann Funeral Home in Long Island’s East Northport.

But Pinelawn was able to smoothly accommodate the surging death toll and continued to operate without delays, according to funeral directors and a statement made by the head of the state Division of Cemeteries at a meeting of state regulators. “If I had to choose a cemetery to deal with during the pandemic,” said Hoddinott, who handled 37 burials at Pinelawn in 2020, “it would be Pinelawn.” Nancy White, a funeral director at nearby Arthur F. White Funeral Home, concurred. “Pinelawn was terrific compared to the other cemeteries next to it,” she said.

Burials at Pinelawn continued, albeit with COVID-19 protocols such as limits on the number of attendees, social distancing rules and required face coverings. Rather than restricting the number of funeral directors within the administration office, Pinelawn set up a courtyard table to allow funeral directors to check in safely during the worst periods. Paperwork was handled swiftly, and funerals adhered to a strict schedule to fit as many burials into the day as possible.

Heavy demand, combined with Pinelawn’s ability to maintain seamless operations at a time of maximum duress, allowed it to implement price hikes in 2021. Pinelawn broadly raised the prices for its land graves (which can exceed $30,000), according to price lists filed in November 2021 with the Division of Cemeteries and obtained in a records request.

Pinelawn charges an additional $1,878 to bury a body (plus another $600 if you want to hold the burial on a Saturday). You’ll need to pay $728 to $900 more if you want the grave to have a concrete liner. Bronze plaques, as noted, are mandatory and run $2,345 to $4,698; if you want text inscribed on the plaque or a notation that your loved one was a military veteran, that could cost another $1,000 or so. If you request four folding chairs at the burial, you will be billed $68, and if you want a canopy, that’s another $170. And none of this, it should be noted, includes charges from the funeral home, such as the cost of a casket or embalming.

Pinelawn, seen from the adjacent Long Island National Cemetery, prohibits traditional gravestones. Instead, it mandates bronze grave markers, flush to the ground, in part to preserve open vistas. (Chris Gregory-Rivera, special to ProPublica)

All those new graves and higher prices at Pinelawn translated into cash for the Locke family, the descendents of the cemetery’s founder. The explanation lies in an obscure but lucrative financial instrument called a “land share,” which in Pinelawn’s case dates back to 1904 and pays dividends twice a year. Those payouts more than doubled during the early months of the pandemic, from $13.65 per share in August 2019 to $28 in August 2020, before subsiding to $20.70 in August 2021.

The Locke family owns 51,964 of the 127,850 land shares that were issued by Pinelawn during the presidential administration of Theodore Roosevelt, and which still circulate today. The shares are unusual in another regard: Some of the rest are traded on an over-the-counter financial market — their price has more than doubled over the past five years — and a small coterie of investors have bought shares, coveting their reliable revenue stream. No other cemetery land shares are listed on the OTC Markets Group.

Calling them “land shares” is a bit of a misnomer, since they don’t actually entail owning land. Instead, they’re an investment, originally used to fund the creation of the cemetery, that entitles the holder to dividends derived from the sales of cemetery plots. Half of the proceeds from each sale of a plot go to pay the dividends, with the other half used to take care of the property.

The shares remain valid until the last plot is sold and the empty land at Pinelawn has been used up. That day is far off. Of Pinelawn’s 839 acres, more than 600 remain unsold and undeveloped today. In 2018, Pinelawn president Justin Locke said that at the current pace the cemetery wouldn’t run out of land for at least 206 years.

Using land shares to help raise money for cemeteries was not unusual in the late 19th century, according to the 1991 book “The Last Great Necessity: Cemeteries in American History,” by David Charles Sloane. The book describes such shares as a method of “hiding the profitable nature of the investment” at a time when Americans were uncomfortable with the notion of making money on death. (Today, most states allow for-profit cemeteries, and a handful of national corporations have bought up more and more cemeteries.)

Pinelawn’s land shares have paid out a total of $100 million in dividends since they were first issued more than a century ago, according to ProPublica’s calculations. In 2020, relatives of Pinelawn president Justin Locke received $2.2 million in dividends. (Document obtained from Suffolk Supreme Court)

New York state banned for-profit cemeteries in 1847 — not only to prevent profiteering but to ensure solid financial management. Back then it was common for entrepreneurs to open cemeteries without adequate financial backing. The operations often went bankrupt, leaving untended graves and, sometimes, unburied or partially buried corpses in various states of decomposition.

Pinelawn’s land shares originally sold for as little as $1 a share, but they have delivered huge profits for those lucky enough to have them: more than $100 million since the first distribution in 1904, according to calculations by ProPublica.

The shares come with another boon: By all appearances, holders of land shares don’t have to pay taxes on their dividends. Holders of the shares told ProPublica that Pinelawn does not issue 1099 forms for the shares, which, among other things, would notify the IRS of any income. In addition, a 2008 letter written by Pinelawn’s tax lawyers described the shares as “exempt.” An IRS spokesperson declined to comment, and multiple tax experts contacted by ProPublica said they’d never heard of land shares and couldn’t say whether their dividends should be taxed. Representatives for the Locke family did not respond to ProPublica’s written question asking whether they pay taxes on their land share dividends.

A commercial strip in Cemetery Row near Pinelawn (Chris Gregory-Rivera, special to ProPublica)

The area around Pinelawn looked very different in the late 19th century, when William H. Locke Jr. first began hatching plans for a cemetery. Lush forests of oak and pine thrived. Farms and country estates lined the rural roads.

Locke saw an opportunity: The population of New York City was exploding, and Manhattan in particular was running out of space to bury the dead. In the 1890s, Locke started accumulating large tracts of land. By 1899, he owned 2,300 acres.

At the time, New York state law provided that a private cemetery association could not own more than 200 acres. William Locke got around the limit by splitting his operation into eight separate associations. For reasons that have been lost to time, Locke appears to have persuaded a state court a few years later to order the reassembly of the eight groups into one operation owned by Locke.

Opening a huge cemetery cost money, and Pinelawn embarked on an “innovative sales program,” according to “The Last Great Necessity.” Pinelawn took out newspaper ads and deployed salespeople to sell plots in advance. They were “authorized to offer purchasers a payment plan of 25 cents down and 23 cents until the lot was purchased.”

Pinelawn was also whipping up a frenzy, by the standards of the era, for its land shares. Thousands of people would eventually buy the certificates. A prospectus claimed they would be as safe as government bonds and “produce an income more than ten times greater.” The shares, the prospectus noted, would be “exempt from all taxation.”

The document promised Pinelawn would be “the most elegant cemetery in the world.” It boasted that the Long Island Rail Road “runs through the center of its lands, and the Company is now erecting a private station and mortuary chapel of its own,” and that “a large receiving vault of the most sanitary nature, and under the most improved designs and artistic finish has just been completed.”

From its opening in 1904, Pinelawn was intended to appeal to residents of New York City, which was running out of burial space. Having a train that ran from the city directly to the cemetery was a selling point. (Courtesy of Brad Phillips)

Pinelawn employed the sort of sales hype — “the largest burial place in the world” — that you might associate more with, say, launching the Queen Mary than consecrating a place of mourning and remembrance. The cemetery’s opening in the fall of 1904 was a festive affair. The 47th Regiment Band played, and special trains unloaded dignitaries from New York and Brooklyn at the newly opened station. A bishop and a county judge gave congratulatory addresses.

Despite the gala and Pinelawn’s sales prowess, the cemetery fell into financial trouble almost instantly — and questions about its business practices surfaced. Tension grew among Pinelawn’s directors, who included a raft of bank presidents and R.F. Pettigrew, listed on the cemetery’s prospectus as a “former U.S. Senator and Capitalist.” In 1905, Pettigrew resigned from the board, claiming that Pinelawn was being grossly mismanaged and that its officials had destroyed documents. Pettigrew also claimed that founder William Locke and another executive had sold land shares for their own benefit, rather than to generate revenue for the cemetery.

Locke disputed the claims and fired back in kind. Pettigrew, he said, “claims deception was practiced upon him, but it is also apparent that he made no noise about it until he had disposed of most of his shares and pocketed the money.”

Pinelawn continued to struggle in its early years. It failed to pay dividends on its land shares and in 1915 was placed in receivership. (William Locke’s brother-in-law managed to get himself appointed receiver until a judge discovered his ties to the Lockes and booted him from the role.) At that point, Pinelawn’s only assets were land, a few horses and hearses and $68 in the bank. It had debts of $280,000. Pinelawn claimed it couldn’t pay a judgment in a case brought by land share holders who said they hadn’t gotten their dividends.

As a result, a judge ordered Pinelawn to sell portions of its land to pay the judgment. Over the next 15 years, Pinelawn sold more than 1,400 acres of its original property to other cemeteries. That helped Pinelawn stabilize its finances while reducing its size to its current 839 acres.

It was a precarious period for Pinelawn. William Locke died suddenly at his desk in the cemetery office in 1922 and was briefly succeeded by his wife, Lillian. She then gave way to her sister, Eleanor Hughes, who remained the ultimate power at Pinelawn until Alfred Locke ascended to the presidency of Pinelawn in 1949.

Pinelawn and other New York cemeteries continued to draw suspicion about their business practices. The state attorney general launched an investigation, and, in 1949, released a report that excoriated the industry for “profiteering from sorrow.” Attorney General Nathaniel Goldstein concluded that nonprofit cemetery corporations “have been cynically developed into devices for profiteering on the widest possible scale.” He found evidence that operators were draining millions of dollars from cemetery corporations; that cemetery managers stacked their boards with family and cronies to maintain control; that they paid excessive salaries to executives; and that they secretly sold plots at discounts to friends and family, who would then resell the plots at a big markup.

Pinelawn was cited as an example of the latter abuses. Goldstein pointed out that, under the heading “self-arranged bargains,” Alfred Locke allowed his aunt to buy 40,000 burial plots for 27.5 cents each, which she could then resell for $50 to $100 apiece.

After Goldstein’s report, the state — over vehement protests by the Lockes and others — established a new regulatory agency, the New York State Cemetery Board. All nonprofit cemetery corporations would henceforth be required to file their rates and financial reports with the state and to abide by the board’s rules. The Cemetery Board today regulates the 1,700 cemeteries in New York State, not including religious or municipal facilities and burial grounds operated for family or individual use, which are outside the board’s oversight.

The state legislature then banned the issuance of new land shares but made an exception for existing shares. Today, according to the state cemetery division, only two other cemeteries still have outstanding land shares. But those cemeteries — Cedar Grove and Mount Lebanon, both in Queens — are close to capacity and thus pay only modest dividends today.

The railroad station built specifically for Pinelawn (Chris Gregory-Rivera, special to ProPublica)

Alfred Locke managed to revive Pinelawn’s business in the decades that followed the 1949 attorney general’s report, using what “The Last Great Necessity” described as “inventive advertising, direct mail and door-to-door approaches.” He turned the operation into a financial success.

In 1971, a profile of the cemetery in The New York Times was headlined “Pinelawn Is a Prosperous City of the Dead.” As cemeteries in Queens, Brooklyn and the Bronx approached the “point of saturation,” reporter John Darnton wrote, “the city is reaching farther for room to bury its dead.” He described a steady stream of funeral corteges on the Long Island Expressway. The article quoted Alfred Locke defending Pinelawn’s aesthetic approach. “It’s really a conservationist thing,” he said. “People say, ‘what a waste of land.’ But what would you prefer to see, a factory? A 20 story office building?” Locke went on to say, “I think we’ve got to stop and say we’ve had enough: We can’t look at a place with a lot of industry and say, Isn’t that wonderful! Because industry breeds congestion and pollution.”

By the early 2000s, Alfred had long since been succeeded by his son Stephen, and once again Pinelawn came under scrutiny for its business practices. The questions this time stemmed from a golf course that had opened adjacent to the cemetery a few years earlier.

Like Alfred, Stephen Locke was entrepreneurial. He proposed leasing 225 acres of unused Pinelawn land to create the golf course. “I looked at this as an opportunity to do something that wasn’t merely a continuation of something my father had started,” Locke told The New York Times in 1995 about his then-planned golf course. He called it a “win-win situation.”

Locke would be a co-owner of the golf course, entitled to his share of any profits from that operation. That meant that Stephen Locke (chairman of nonprofit Pinelawn) would be transacting with Stephen Locke (president of the for-profit golf course).

Using cemetery land for another purpose required that Locke obtain approval from state regulators. “At the beginning, the Cemetery Board was sort of dead set against it,” according to Gus Ballard, an investigator with the state Department of Cemeteries from 1993 to 2019. But Locke assured the regulators that Pinelawn would benefit from the golf course — the lease would generate revenues for the cemetery — and that none of his actions would jeopardize the cemetery’s finances or tax-exempt status. He also enlisted support from prominent New York state politicians, including Sen. Daniel Patrick Moynihan and Long Island’s U.S. Rep. Thomas Downey. (Moynihan died in 2003; Downey did not reply to a request for comment.) Locke “turned everything around,” Ballard said. “So that eventually got approved.”

But Locke had withheld key information, according to Ballard, who said he discovered this a few years later, in 2002, when he was performing a routine audit of Pinelawn. Ballard began to uncover what he saw as irregularities. The most consequential, in his view, was the Lockes’ ownership of plots (which equate to votes for Pinelawn’s governing board) that it had not revealed to the Cemetery Board, giving the family what Ballard called “virtual absolute power over Pinelawn’s affairs.”

Ballard also discovered undisclosed details of the golf course arrangement. Locke had used some of the graves he owned as collateral for the loans that financed the golf course, an apparent violation of a state rule that prohibits putting cemetery funds at risk for an outside venture. Since Locke didn’t have the right to sell large numbers of graves on the open market, he created an option agreement that would allow him to sell his lots back to the cemetery if needed. Pinelawn’s board of directors, 11 of whose members were “hand-picked” by Locke, according to the state — three of them, plus Stephen Locke himself, owned a combined 56% of the golf course — approved the option agreement.

Ballard drafted a memo for the Division of Cemeteries that echoed the Goldstein report a half-century before it. “Pinelawn Cemetery has been operated, all along,” he wrote, “primarily for the private benefit of the management and Land Shareholders, with the interests of ordinary plot owners, (and the cemetery’s future), receiving subservient consideration, at best.”

Stephen Locke “was not happy” when authorities began investigating his moves, said Richard Fishman, then head of the state cemetery division. Pinelawn was owned by its plot holders, but Fishman said Locke’s attitude was “he owns the cemetery and it’s his business and he can do whatever the hell he wants, which is a great point of view if he were in any other state than New York.” Fishman’s division forwarded its findings to the state attorney general.

In 2004, then-New York Attorney General Eliot Spitzer filed suit against Locke, Pinelawn and several of its officers and directors, alleging that the Lockes had for decades violated the ban on private ownership of public cemeteries. The suit repeated the charges made by Ballard. And it included an assortment of other allegations, including that the Lockes had diverted proceeds from the sales of mausoleums to benefit the holders of land shares, whose dividends are supposed to flow from sales of plots only.

Spitzer also charged Pinelawn with failing to disclose to taxing authorities millions of dollars paid by the cemetery to land share holders and omitting required disclosures from annual reports filed with the state Cemetery Board. Pinelawn acknowledged not sending 1099s to shareholders, but argued in legal filings that the payments are not dividends but instead repayments of capital, which it contended meant that no taxes were owed. In its court papers at the time, Pinelawn denied “any and all liability with respect to the causes of action alleged in the Action."

The suit was settled in 2006 with no payment by Pinelawn or the Lockes and only one significant concession: Pinelawn agreed that Stephen Locke would sell 51% of the graves he owned. The Lockes would no longer own a majority of graves and, in principle, would no longer be able to dictate the composition of Pinelawn’s board. Ballard called the settlement a “halfhearted attempt to sort of make it so they weren’t solely in charge of the whole operation. I’m not sure we did a very good job with that.”

The board members were slowly replaced, but the new ones seemed to resemble the ones they succeeded: lawyers, politicians and lobbyists, often with ties to the Lockes. Three new directors joined the board in 2007, two of them state or regional power brokers: Arthur Kremer, an attorney who served 13 terms in the New York State Assembly and headed its Ways & Means Committee; Mark Cuthbertson, an attorney and longtime Huntington town councilmember; and Locke’s son, Justin. (Kremer and Cuthbertson did not respond to a request for comment.) The Lockes and Pinelawn “have a lot of political clout,” said Fishman, the former head of the Division of Cemeteries.

The composition of Pinelawn’s board changed — but its amenability to the Lockes didn’t. In 2007, just a year after the settlement with the state, Pinelawn’s board voted to approve another option agreement with Stephen Locke, almost identical to the one that Ballard viewed as illegal. The agreement allows Locke’s ownership of 2,500 graves to be used as collateral for $2.5 million in loans he took out for the golf course.

Today, the golf course, called Colonial Springs, continues to operate. According to Pinelawn’s 990 form, Colonial Springs paid some $400,000 in property taxes last year. It underwent a $4.5 million renovation in 2007 by renowned architect Robert Trent Jones Jr., winning accolades in Golf Digest. In addition to Stephen Locke, three of Pinelawn’s current directors (none of whom responded to requests for comment) are also board members and shareholders of the golf operation.

The for-profit Colonial Springs golf course, partially owned by Stephen Locke, operates on 225 acres leased from Pinelawn, which Stephen Locke formerly headed. (Chris Gregory-Rivera, special to ProPublica)

When Justin Locke first appeared before a meeting of the state Cemetery Board in March of 2018, it offered a rare moment to see Pinelawn’s president, who had acceded to the position five years earlier, in a public forum. In a trim dark suit, his pate glinting from the fluorescent lights in the cramped, low-ceilinged room, Locke cut a confident figure, a video of the meeting shows. He spoke in the urgent baritone of a 1950s-documentary narrator.

The grandson of Alfred Locke, the man who had talked about the importance of conservation and his horror of factories and office buildings, Justin Locke was appearing before the Cemetery Board to sound them out on a new idea: leasing 100 acres of Pinelawn’s property to develop into warehouses and office buildings.

Justin Locke made his case to the Cemetery Board, starting with the surprising claim that the area of the cemetery he wanted to develop was blighted. He described the 100-acre parcel as filled with “crime, trespassing, quality-of-life issues that are affecting the neighbors, complaints. It’s hurting our reputation.” (The “crime” he was describing seemed to consist largely of trespassers riding ATVs on the property.)

Noting Pinelawn’s extensive unused land, Locke touted the potential revenues the cemetery could earn by leasing the parcel. He called it a “cake-and-eat-it scenario where we can leave the property over there, maintain control over it, but generate a substantial income off of it in the meantime.”

He also made a remark that seemed to reflect his awareness of the legacy he inherited as the fourth generation of Lockes to head the cemetery. “I see this as a tremendously beneficial, impactful project for Pinelawn,” he said. “I don’t know if there’s anything I’ll do in my time there that will eclipse the benefit that could be had from this.”

For their part, a few board members showed their own memory of history, alluding to the allegations of self-dealing that were made about Locke’s father and his golf course. One board member said, “Obviously the law has changed since the golf course lease was signed, and what would be a nonstarter would be if your lessee ends up having any relationship to anyone on the cemetery side,” he said. “That ain’t happening.” (“Oh yeah,” a second board member chimed in.) Locke brushed the comment aside with a quip about hoping to have FedEx as a tenant.

Four years and one pandemic later, Pinelawn’s plans have slowly advanced. The cemetery’s representatives shared preliminary documents with the planning department for the town of Babylon, and met with department representatives in January 2022. The plans called for transforming those 100 acres into “the region’s foremost Class-A business Park.” The development, with a budget projected to exceed $175 million, would include nine warehouses and office buildings, totaling 1.6 million square feet, and would be known as the Suffolk Technology Center. Todd McLay, chief financial officer of the developer, the Bristol Group, would not comment on the details of the lease, citing its proprietary status. But he confirmed that the project is actively in the works.

Before the town can consider a formal application, the state Cemetery Board must approve the use of any cemetery lands. The Division of Cemeteries told ProPublica it has received an application from Pinelawn and is reviewing it. It declined to estimate a timeline for a hearing and decision.

Pinelawn has always been strict about the appearance of anything on its grounds. Not only are tombstones barred, but so is anything that might obstruct the open vistas. Only fresh-cut flowers are permitted — nothing artificial — and they are removed at specified times to avoid the potential eyesore of wilted petals. But soon, if the plans proceed, a construction will rise — a rendering shared by Pinelawn suggests it will be around 30 feet tall — dominating the view from one part of the cemetery. The Lockes, it seems, will continue running Pinelawn and profiting from it. Meanwhile, Justin Locke’s son is 9, so there’s a fifth generation in his patrilineal line who could ascend to the helm.

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Correction

July 29, 2022: This story originally misidentified the owner of the OTC Markets Group, the financial market where Pinelawn land shares are traded. It is an independent public company, not operated by Nasdaq.

by Carson Kessler

Richard Glossip Has Eaten Three Last Meals on Death Row. Years Later, the State Is Still Trying to Execute Him.

2 years 4 months ago

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In the parking lot outside the Oklahoma State Penitentiary, I stood on my toes in a throng of reporters, straining to hear death row inmate Richard Glossip’s words through the speaker of a phone his friend held aloft.

It was 3:45 p.m. on Sept. 30, 2015, and Glossip should have been dead by now from a cocktail of lethal drugs pumped into his body.

I joined reporters, Glossip’s family and supporters outside the prison in McAlester that day — a warm and breezy afternoon — as the condemned man was able to make a phone call from inside the maximum-security facility’s death row. Glossip seemed relieved to be alive but, understandably, wondered why. He’d exhausted his last appeal and eaten his last meal: fish and chips, a Wendy’s Baconator burger and a strawberry shake.

He learned his life was spared because of a technicality: One of the three drugs Oklahoma officials procured for the execution was the wrong one.

“That’s just crazy,” Glossip said over his friend’s phone.

It was the third time the state of Oklahoma had tried to execute Glossip and the latest lapse in a macabre history of failure in its death penalty machinery. As a journalist who covered Oklahoma’s prison system and death row for 25 years, I reported on many of those breakdowns.

Seven years later, the state remains intent on executing Glossip, scheduling its fourth attempt for Sept. 22 despite persistent claims that the 59-year-old is innocent and allegations that prosecutors ordered the destruction of vital evidence in the 1997 murder-for-hire case that resulted in his death sentence.

Glossip’s claims of innocence have drawn an unusually bipartisan array of supporters, including 28 Republican state lawmakers, most of whom support the death penalty. The legislators commissioned an exhaustive review that recently turned up new information about prosecutors’ alleged role in destroying evidence and financial records bringing into question Glossip’s motive in the case. The lawmakers have called on the governor to order an independent review of Glossip’s case and for a state appeals court to conduct a hearing to examine the new evidence.

Calls to halt his scheduled execution come at a time of national reckoning over the death penalty. The Supreme Court’s rulings on the issue — including a 6-3 decision in May barring condemned prisoners from seeking federal court review for ineffective counsel in some cases — are increasingly at odds with public sentiment in many states. Meanwhile, the pace of new death sentences and executions carried out nationally is on track to hit a record low for the eighth year in a row, even with the reopening of courts shuttered during the pandemic, according to the Death Penalty Information Center.

Oklahoma is among a small number of states that routinely carry out the death penalty that are bucking that trend, and it is on pace to outdo them all despite its gruesome history of failures.

The state recently set execution dates for Glossip and 24 other inmates, including several with mental illness, brain damage and claims of innocence. They’re scheduled to die at a fast clip — about one each month through December 2024 — a rate that would eclipse the number of executions by all states combined since 2020.

Many observers, including those who support the death penalty, doubt the state’s ability to carry out executions in a constitutional manner, even for those inmates whose guilt remains unchallenged. If the past is any judge, they’re probably right.

In more than two decades covering Oklahoma’s death row, here are a few of the events I wrote about, including some that I witnessed:

  • In 2014, I heard one inmate say just before he was executed: “Malcom Scott and De’Marchoe Carpenter are innocent.” The inmate had testified years earlier that the two men took part in a killing with him. They were later exonerated, but only after spending more than 20 years in prison.
  • When the state needed to switch to a new lethal drug in 2014, an attorney for Oklahoma’s prison system later said that he looked for a replacement by searching for information about lethal drugs on the internet.
  • A few months later, I was among the media witnesses who watched Clayton Lockett writhe, moan, talk and try to get up from the execution table for three minutes after the drugs were administered and he had been declared unconscious. The prison was using a new, unproven drug that some experts said wouldn’t anesthetize an inmate as the painful second and third drugs were administered. Prison officials closed the blinds and after about 20 minutes told us to leave the death chamber. Lockett died 43 minutes after the execution began.
  • My reporting partner, Cary Aspinwall, and I later reported that the warden called the execution a “bloody mess” and that the doctor had improperly inserted the IV into Lockett, complaining about getting blood on his jacket.
  • State officials used the wrong third drug to execute Charles Warner less than a year later in January 2015 but didn’t make that public. They were poised to use the wrong drug again in Glossip’s third scheduled execution before then-Gov. Mary Fallin halted it at the last minute.
  • A grand jury report blasted state officials’ actions as “inexcusable,” finding that Fallin’s top lawyer wanted to proceed using the incorrect drug anyway. The state’s own attorney general said some officials had been “careless, cavalier and in some circumstances dismissive of established procedures that were intended to guard against the very mistakes that occurred.”

After a six year hiatus, Oklahoma executed John Marion Grant in October. Multiple witnesses said Grant convulsed and vomited during the process. Now, the state is preparing to execute Glossip amid doubts about his guilt.

One of the GOP lawmakers calling on the state to review Glossip’s case, despite a long history of supporting the death penalty, said he’ll advocate to end capital punishment in Oklahoma if Glossip is executed.

“I’m 99% sure that he is not guilty sitting on death row,” state Rep. Kevin McDugle said in an interview with ProPublica. “My stance is not anti-death penalty at all. My stance will be (different) if they put Richard to death, because that means our process in Oklahoma is flawed.”

In a sharply worded dissent in a case challenging Oklahoma’s choice of execution drugs, then-Justice Stephen Breyer argued that the death penalty was no longer constitutional. Among his reasons, Breyer cited studies showing death penalty crimes have a disproportionately high exoneration rate.

In fact, courts have reversed verdicts or exonerated prisoners because of prosecutorial misconduct in 11 death sentences in the same county where Glossip was convicted, according to a study released last month by the Death Penalty Information Center. Another 11 from that county, home to the state Capitol, were put to death using testimony from a disgraced police chemist, the study found.

Though Glossip’s recent appeals have been unsuccessful, a state court judge and a federal judge have noted in appellate rulings the relatively thin nature of the evidence against him. “Unlike many cases in which the death penalty has been imposed, the evidence of petitioner’s guilt was not overwhelming,” the federal judge wrote.

In a letter last year to Gov. Kevin Stitt, McDugle joined more than 30 state lawmakers, nearly all Republicans, in asking him to appoint an independent body to review Glossip’s case and examine what they say is compelling evidence he is innocent.

“Many of those who have signed this letter support the death penalty but, as such, we have a moral obligation to make sure the State of Oklahoma never executes a person for a crime he did not commit,” the letter states. “Mr. Glossip’s case gives us pause, because it appears the police investigation was not conducted in a manner that gives us confidence that we know the truth.”

A portrait of Barry Van Treese from Glossip’s clemency packet.

Glossip was convicted of murder in the 1997 killing of Barry Van Treese, who owned the Oklahoma City budget motel where Glossip worked. Justin Sneed, a maintenance man with a violent record, beat Van Treese to death with a baseball bat and testified Glossip paid him to carry out the killing. Prosecutors alleged that Glossip feared he would be fired because Van Treese had discovered he was embezzling from the motel.

In exchange for his plea and testimony against Glossip, Sneed received life in prison.

After Stitt did not order a new investigation into Glossip’s case, the lawmakers commissioned a review by a law firm. The pro-bono report, released last month, is based on a review of 12,000 documents, 36 witness interviews, seven juror interviews and other evidence.

It concludes that Glossip’s 2004 conviction “cannot be relied on to support a murder-for-hire conviction. Nor can it provide a basis for the government to take the life of Richard E. Glossip.”

Glossip’s attorneys have filed a motion seeking a new hearing on the basis of actual innocence, including witnesses they say were never called in previous hearings. The motion also seeks a hearing to look into who ordered a box of key evidence destroyed, claims of ineffective assistance of counsel, due process violations and testing indicating that Glossip is intellectually disabled.

They are also seeking documents from the Oklahoma County District Attorney’s Office related to the destruction of evidence as well as a videotape from a gas station near the crime scene they say was never handed over.

The law firm’s report quotes an Oklahoma City police officer and a former assistant district attorney talking about the evidence destruction, which included records that could have established whether Glossip embezzled money from the motel, as alleged by prosecutors.

Such claims frustrate the current district attorney, David Prater, a chatty, accessible official I’ve interviewed many times over the years about Oklahoma’s justice system.

Prater, who was not in office at the time the evidence was destroyed, said Glossip’s execution should proceed as scheduled and called the allegation that his office ordered the destruction “an outright lie.”

“There is no documentation as to that,” he said. “The DA’s office does not order the destruction of evidence in cases like that.”

Glossip and his attorney, Don Knight, declined interview requests. Knight said in a written statement provided to ProPublica that the execution should be delayed while the state appeals court reviews new information turned up in the report.

“Richard Glossip has been through three tortuous execution dates already. It does not serve justice to set a fourth execution date for an innocent man before all this new evidence can be fully considered in a court of law,” the statement said.

“Public reaction to this new evidence makes clear that Oklahomans, even those who support the death penalty, do not want to see an innocent man executed.”

Sister Helen Prejean, the anti-death-penalty activist who was portrayed in “Dead Man Walking,” said she plans to be at the prison to support Glossip in September, as she was on his three prior execution dates. (Glossip called Prejean before his first scheduled execution and asked if she would serve as one of his selected witnesses, as she had for six condemned men in other states.)

But Prejean predicts that day won’t come and says she plans to work feverishly to draw attention to his case and win a reprieve.

Sounding more like a publicity strategist than a nun, Prejean said the smartest approach involves letting the “conservative pro-death-penalty legislators” make the case for Glossip rather than celebrity activists who’ve supported Glossip and other condemned inmates.

“I know I have to do everything I know how to do to save the life of this man,” she said, adding: “When it looks like everything is signed, sealed and delivered what do you do? You go to the public and you raise questions.”

by Ziva Branstetter

Michigan Proposes Juvenile Justice Reforms After Story of Teen Locked Up for Missing Homework Exposed Gaps in System

2 years 4 months ago

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A Michigan task force Friday recommended a series of reforms designed to keep young people out of detention facilities and provide them with better legal representation and more community help, such as family counseling and mental health treatment.

Created after a ProPublica investigation revealed systemic flaws in Michigan’s juvenile justice system, the task force made 32 recommendations that aim to transform what happens when young people get in trouble with the law, including by keeping low-level offenses out of the courts and limiting when children can be detained. Other proposed changes would eliminate most fines and fees charged by juvenile courts and provide more oversight of residential facilities.

“The recommendations, if implemented, will be transformative to the justice system,” said Jason Smith, executive director of the Michigan Center for Youth Justice, an advocacy group. “It would expand the opportunities for alternatives to justice system involvement in the first place, increase transparency within the system with increased data and improve outcomes for young people.”

Michigan Gov. Gretchen Whitmer created the Task Force on Juvenile Justice Reform in June 2021 to analyze state and local data and gather individuals from across the state who have insight into the system. The task force’s goal was to try to understand why Michigan incarcerates so many young people for noncriminal offenses — and suggest ways to reduce the number. The task force was led by the nonprofit Council of State Governments and included the lieutenant governor, judges, court officials and families affected by the justice system.

The creation of the panel came after a series of ProPublica stories about a 15-year-old who had been incarcerated for a probation violation when she failed to do her online schoolwork at the start of the pandemic. The reporting about the teenager identified as Grace, her middle name, put a national spotlight on how Michigan children are regularly detained for probation violations and other noncriminal offenses — even as many states have moved away from that practice.

ProPublica also revealed broader flaws in Michigan’s decentralized juvenile justice system, including such poor data that the state can’t say how many juveniles it has in custody at any given time or why they have been detained.

“I feel like Grace’s situation and the story really helped us get the momentum to get this started,” Michigan Supreme Court Justice Elizabeth Clement said in an interview this week. “It opened a lot of people’s eyes. … Sometimes people are unaware they have a broken system. Sometimes they know and they just are not sure what to do.”

Before Grace’s case drew national attention, Michigan leaders had been focused on reforming the adult criminal justice and child welfare systems. Juvenile justice had been less of a priority.

Many of the task force’s recommendations require changes in state law and additional funding.

Rep. Sarah Lightner, a Republican from Springport and a task force member, started that process this week when she introduced two bills intended to ensure young people have access to attorneys trained in juvenile matters. One bill would expand the Michigan Indigent Defense Commission to include the oversight and training of lawyers who represent juveniles and to ensure that young people have an attorney at every stage of their case. Another measure would expand the Michigan State Appellate Defender Office to include services for juveniles who want to appeal their cases. There are currently no state standards in place or specialized training available for lawyers representing juveniles and no state funding for juvenile defense.

“There is no question it will take an additional investment to make sure attorneys are educated and the courts are educated on juvenile issues,” Lightner said in an interview.

Michigan has long struggled to assess its juvenile justice system because it gathers limited data from its local courts, and that data is not captured in a standardized way. Data obtained by the task force from 32 counties, representing about 55% of the juvenile population, found that about 23% of cases referred to court by prosecutors were for a type of noncriminal offense that includes truancy, running away and incorrigibility. These “status offenses” are only punishable because the person is a minor. Another 26% of cases were for low-level misdemeanor offenses. Nearly 12% involved children 12 and under.

Data shared with the task force also showed that, in a sample of eight county courts, the average age of young people in secure detention — the most restrictive form of juvenile confinement — was 14 and that Black youth were detained at six times the rate of white youth. The panel recommended that the state collect and share data from the local courts, and use it to create a dashboard that tracks and measures disparities in the justice system.

The task force’s proposals aim to keep many of those young people out of the court system altogether. Except for the most serious offenses, the state’s juvenile courts would only be for children 13 and up if state law is changed; there’s currently no minimum age. Juveniles who commit status offenses and are determined to be low risk would be diverted to community programs instead of having to go through the court system.

“We want to keep kids out of detention, We want to keep them out of residential placements and we really want to keep them out of the court if we can,” Clement said. “We are hoping we see a drastic change in our numbers.”

To encourage that change, one proposal would provide more state funding for community-based services — such as family counseling, mental health support and substance abuse treatment — than for detention and residential placements. Under the current system, the state’s Child Care Fund Unit reimburses counties 50% for all services. The task force proposed increasing the reimbursement for community-based services to 75%, which would require millions of dollars a year in additional state funding.

The panel also recommended that the state create a juvenile services division to develop standardized assessments so officials can match youth with the level of supervision they need. Michigan currently does not have a recommended assessment tool, and its decentralized court system means treatment for children can vary depending on where they live.

“That has led to some good practices in Michigan and some inconsistent and uneven and not research-based practices,” said Josh Weber, who directs the juvenile justice program at the Council of State Governments and worked with the task force.

Cole Williams, a task force member who provides counseling and support to families involved in the court system in the Grand Rapids area, said he’s glad that one recommendation would establish an advisory group of young people and families so they can help guide the justice system’s decisions. He also said that onerous fines and fees are a “constant conversation and challenge,” and eliminating them would be a game changer for families.

“We have a long way to go in Michigan when it comes to how we support our children,” said Williams, who experienced the challenges of the justice system when his son was involved in it. “The recommendations proposed are a step in the right direction.”

by Jodi S. Cohen

New Data Gives Insight Into Ticketing at Five Suburban Chicago School Districts

2 years 4 months ago

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This story was co-published with the Chicago Tribune.

Newly obtained police records from five Chicago suburbs offer additional details about students getting ticketed at school for minor offenses, a widespread practice documented in a ProPublica-Chicago Tribune investigation this year.

In Naperville, police provided updated records that include information about the race of students ticketed in the city’s two high schools for violating municipal ordinances. At Naperville North High School, only 120 students are Black, or 4.5% of enrollment, but Black pupils received nearly 27% of the 67 tickets police have issued there since fall 2018.

Black students at Naperville North were nearly five times more likely than their white peers to receive a ticket. At the city’s other high school, Naperville Central, police wrote 44 tickets to young people, most of them white students. The ticketing of Black students there was proportionate to school enrollment.

Newly released records also confirm that police have ticketed young people at two other large suburban schools — Schaumburg High School in Schaumburg and Maine West High School in Des Plaines — in recent years for minor misbehavior, adding to the more than 140 districts where reporters already had documented that police had cited students.

(Use our interactive database to look up how many and what kinds of tickets have been issued in an Illinois public school or district.)

The updated information, which also includes new data from South Holland and Bartlett, was added Thursday to an online lookup tool created for the investigation “The Price Kids Pay.” The unprecedented examination of police ticketing at school, published in May, found that police issued at least 11,800 tickets to students in the three-year period examined: the school years ending in 2019, 2020 and 2021. The tickets, issued for offenses such as fighting or using a vaping device, often resulted in steep fines and debt for students and their families.

The investigation also uncovered a pattern of racial disparities in ticketing. In Illinois schools and districts where data on race was available, Black students were twice as likely as their white peers to receive a ticket.

The racial disparity now identified at Naperville North offers context in an ongoing legal battle over a ticket police issued to a Black student there in 2019. The 17-year-old girl was accused of stealing a classmate’s Apple AirPods, which she said she had thought were her own.

Now 19 and in college, she continues to fight the theft ticket in court, saying she did nothing wrong and refusing to pay a fine for what she said was a simple mix-up. She and her family have alleged that the school and police pursued the matter aggressively in part because of the girl’s race. On Thursday, a new attorney working on her behalf asked the city for more records and asked to question individuals involved in the matter. The next court date is in September.

The school district has distanced itself from the case and has said it is the Naperville police who decide whether to ticket students. The city previously denied that race played a role in police decisions to ticket students.

Police records show that students at Naperville’s two high schools were ticketed most often for possession or use of cannabis or tobacco and for fighting. The fines vary depending on the offense; the minimum fine is $100 for possession or use of tobacco or alternative nicotine by a minor. The city’s municipal code allows fines for fighting, cannabis possession and some other infractions to reach $750, the maximum allowed by state law for ordinance violations.

Most of the tickets Black students received were for fighting; white students were usually ticketed for tobacco use or possession.

In addition to the updated Naperville data published Thursday — which excludes tickets issued in the last school year to keep data consistent among districts — the ticketing database now includes several other changes:

Schaumburg: The Police Department initially did not confirm that tickets were issued at Schaumburg High School in Township District 211, the largest high school district in Illinois. The department has since provided data that shows officers issued 27 tickets to students in the three school years ending in 2019, 2020 and 2021. The tickets were for truancy, cannabis or tobacco use or possession, disorderly conduct and “instigating,” part of a local law related to fighting.

The Illinois attorney general’s office is investigating whether District 211 and the city of Palatine, where other district schools are based, violated state civil rights laws when ticketing students.

Schaumburg is not included in the state’s investigation. Village spokesperson Allison Albrecht said that police get involved with school incidents at the request of school officials, parents or other citizens, and that citations are “often a last resort.” The district superintendent has said school officials involve the police when a student violates a local ordinance, when there is a safety threat or when other interventions haven’t worked — regardless of the student’s race or background.

Des Plaines: The Police Department confirmed that officers had ticketed 27 students at Maine West High School, northwest of Chicago, over the three school years examined. Most of the tickets were for tobacco possession. Spokespeople for the city and school district have not responded to requests for comment.

South Holland: The village, south of Chicago, confirmed that debts from student tickets can be sent to collections. Police issued 90 tickets to students at Thornwood High School during the school years examined in “The Price Kids Pay.”

South Holland police wrote an additional 85 tickets to young people at Thornwood this past year. All but one of the tickets were for disorderly conduct, and all were issued to Black students. About 82% of the students are Black. As with the Naperville data, tickets issued last school year in South Holland are not reflected in the online database.

The fines from tickets issued to young people at the high school during the past four school years totaled $47,950, of which $10,800 has been paid, records show. No tickets were issued in spring 2020 or during the entire 2020-21 school year, when the school was closed because of the COVID-19 pandemic. The village administrator has not responded to requests for comment.

Bartlett: The Police Department, which has jurisdiction at Bartlett High School, west of Chicago, had previously included some tickets that were issued before or after the three school years specified in the reporters’ records request. The correct number of tickets written during this time period is 167.

Bartlett High School is one of several schools in the large U-46 District based in Elgin. Since the publication of “The Price Kids Pay,” several schools and communities have changed their ticketing or policing practices. Bartlett Deputy Chief Geoffrey Pretkelis said that in the coming school year students will be referred to a smoking-cessation program instead of being ticketed for tobacco use or possession.

“What would happen going forward is, if you caught someone with tobacco or vaping we’d say, ‘Hey, listen we have this program,’ and if they complete it, we would not issue the citation,” Pretkelis said. “We were very successful in years past when we did have that diversion program.”

Help ProPublica and the Chicago Tribune Report on Police Issuing Tickets at Schools

Police are ticketing students at schools across Illinois for behavior such as vaping, littering and disorderly conduct. Many students are forced to appear at hearings, which means missing school time, and the cases almost always result in judgments against the students, which carry fines as high as $750. We have found students as young as 10 are being ticketed, and Black students are disproportionately impacted.

To continue with this important reporting, we need to hear from people who have been affected by tickets handed out at school. Are you a parent, school worker, researcher or attorney? Please fill out this brief survey.

We take your privacy seriously. We are gathering these stories for the purposes of our reporting and will not publish your name or information without your consent.

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Haru Coryne contributed reporting.

by Jennifer Smith Richards, Chicago Tribune and Jodi S. Cohen, ProPublica

U.S. Senators Demand Federal Scrutiny of Private Equity’s Incursion Into Fishing

2 years 4 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with The New Bedford Light. Sign up for Dispatches to get stories like this one as soon as they are published.

Three U.S. senators, including two members of a Senate subcommittee that oversees the fishing industry, are calling for greater federal scrutiny of private equity’s incursion into East Coast commercial fishing.

Connecticut Sen. Richard Blumenthal and Massachusetts Sens. Elizabeth Warren and Ed Markey, all Democrats, condemned lax government antitrust policies and weak enforcement of restrictions on foreign ownership in the fishing industry. They were responding to an investigation published July 6 by ProPublica and The New Bedford Light, which reported that companies linked to private equity firms and foreign investors now control an outsize share of the market for groundfish such as pollock, haddock and ocean perch and are pushing to expand into other parts of the industry. Under this new regime, the investigation found, labor conditions for local fishermen have deteriorated, as they work longer hours and bear a larger share of costs such as vessel maintenance.

“This alarming investigation raises serious concern about possible violations of federal law,” Blumenthal said in a statement. “A powerful foreign private equity giant has gained huge power over a vital American industry. This apparent dominance raises antitrust questions, which should be reviewed by the U.S. Department of Justice.” Both Blumenthal and Markey sit on a Senate subcommittee with jurisdiction over the National Oceanic and Atmospheric Administration and the Coast Guard.

Warren said she is dismayed that federal enforcement of a cap on foreign ownership of fishing vessels in U.S. waters largely relies on the companies’ own assurances that they are in compliance. “Predatory private equity billionaires have bought into nearly every sector of the economy, generating huge profits for insiders while leaving workers out in the cold,” Warren said. “I’m deeply concerned by this report regarding the lack of federal oversight of foreign ownership limits and that some hardworking fishermen in New Bedford are not being treated fairly.” She added, “I intend to work with federal regulators to address these issues and protect Massachusetts fishing families.”

The ProPublica/New Bedford Light investigation found that a federal regulatory system known as “catch shares,” which was adopted in 2010 to reduce overfishing, has fostered private equity’s consolidation of the industry at the expense of independent fishermen. The single largest permit holder in the New England groundfish industry is Blue Harvest Fisheries, which has rights to catch 12% of groundfish, approaching the antitrust cap of 15.5%.

Blue Harvest, which was established in 2015 by Manhattan private equity firm Bregal Partners and is based in New Bedford, Mass., owns more than 15.5% of the permitted catch for certain types of fish, but stays below the aggregate cap by owning smaller shares of other species. It boosts its market share by leasing fishing rights from other permit owners. There are no antitrust restrictions on leasing. Blue Harvest has charged captains and crew on its vessels for maintenance, electronics and wharfage fees, among other expenses. The investigation traced Blue Harvest’s ownership to a billionaire Dutch family.

Blue Harvest said in a statement that it has honored the “historically significant role that the region’s fishermen and fisherwomen play in our groundfish business” by investing more than $10 million to promote the health and welfare of employees and crew members. Overall payments to crew increased 36% over the last three years, the company said. Blue Harvest plans to launch several state-of-the-art vessels by 2024, reflecting its commitment to “setting higher standards and benchmarks for the seafood industry,” it said.

Blue Harvest added that the Coast Guard had approved its “ownership and capital structure.” The company said it “remains dedicated to acting as a responsible steward of the vitally important domestic U.S. fishing industry and actively supports regulation for the benefit of the industry at-large and the communities in which we serve.” Bregal Partners did not respond to a request for comment.

Like Warren, Markey decried foreign ownership and its effects on independent fishermen. “Our working waterfronts should work for local communities, and our laws on local ownership should be implemented and upheld, not undermined or evaded,” Markey said. He vowed to “ensure that we have a robust federal oversight system” and that “the private equity industry can’t take advantage of companies or their workers.”

A spokesperson for the head of NOAA’s fisheries division said that it would “work directly with our partners in Congress to respond to any inquiries they may have.” Michael Pentony, the division’s Northeast regional administrator, said that NOAA’s goal is to “ensure a sustainable future for our fisheries and the communities that depend on them.” He declined to address specific questions.

The current antitrust cap “fails to prevent excessive consolidation in the fishery,” said Geoff Smith, one of 18 members of the New England Fishery Management Council, which advises NOAA. “We certainly don’t believe that Blue Harvest or any other entity should be able to own excessive shares in the fishery to the detriment of fishing communities.” Other council members declined to comment or did not respond to messages, and its executive director declined to comment.

The council is considering whether to support a controversial industry-backed proposal authorizing the leasing of rights to catch scallops. Current scallop regulations allow one permit per boat, up to a total of 17 vessels, and leasing is prohibited. Many local fishermen fear that implementing the proposal would hasten consolidation and enable private equity to make the same inroads into the lucrative scallop market that it has with groundfish.

“I hope the New England Fishery Management Council recognizes that the South Coast was built on the backs of the hardworking fishing families, and that upcoming decisions reflect the respect they deserve,” said U.S. Rep. Bill Keating, a Democrat whose district includes New Bedford.

Fishermen, former regulatory officials and community activists recommended various reforms. They called for lowering the 15.5% permit cap for groundfish, for greater transparency in permit ownership and leasing, and for NOAA and the Coast Guard to enforce the American Fisheries Act, which limits foreign ownership to 25% of a U.S. fishing vessel. The Coast Guard’s National Vessel Documentation Center, which is responsible for monitoring compliance with foreign ownership restrictions, did not respond to written questions.

The way regulations are currently designed, “a handful of businesses can come in” and buy up “the entire fishery,” said Ben Martens, who heads the Maine Coast Fishermen’s Association. Lack of transparency in ownership and leasing “creates a murky marketplace,” he added.

Blue Harvest purchased some of its fleet and permits from New Bedford fishing magnate Carlos Rafael, known as “the Codfather,” after he pleaded guilty to 27 counts of fraud in 2017 and agreed to sell his empire.

“Rafael’s fishing days are over, but manipulation of the fishing industry is alive and well, just with fancier suits and offices and less interesting but more polished white-collar types,” Joshua Amaral, who heads a community services program in New Bedford, wrote to the Light.

Brett Tolley, who leads the Northwest Atlantic Marine Alliance, which advocates for independent fishermen, said that the influx of private equity firms was the “inevitable outcome” of the catch shares system. “The warning signs were always there,” Tolley said. “They have become so dominant, with such influence and leverage over our local economy, that they have essentially become too big to fail.”

David Goethel, a New Hampshire fisherman who served on the New England Fishery Management Council from 2004 to 2013, said that the industry’s problems are deeply rooted.

“NOAA is afraid of what they might find once they really start rattling the whole rotten tree,” he said.

While on the council, Goethel cast the lone dissenting vote against catch shares. “We knew then that someone was going to buy up the whole fishery,” he said. “Well, now that has happened.”

by Will Sennott, The New Bedford Light

A Government Official Helped Them Register. Now They’ve Been Charged With Voter Fraud.

2 years 4 months ago

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His last night as a prisoner in North Florida, Kelvin Bolton couldn’t sleep. Fifty-five years old, with a wispy goatee the same color as the gray flecks in his hair, he was about to get out after serving a 2 1/2-year sentence for theft and battery. The last time he’d seen his brothers and sisters at a big family gathering, he’d marched onto the dance floor ostentatiously, turned away and wrapped his arms around himself to caress his own back. As he swayed goofily to the music, everybody laughed.

Now Bolton was so close to being free and seeing his family again. The next morning, a bright Wednesday in April, he was already dressed in his street clothes and cleared to go when the woman processing his paperwork stopped him.

“The lady said, ‘Hold on, you can’t go anywhere,’” Bolton remembered in a recent phone call.

Confused, he asked her what was going on, he recalled. There was a warrant out for his arrest for incidents in 2020, she explained gruffly. But that was impossible. He’d been in jail at the time, awaiting his prison stint.

Guards loaded Bolton into a van, then drove an hour and a half south to deposit him in Alachua County Jail.

There, he found out what he’d done wrong.

He’d voted.

In 2018, Florida voters overwhelmingly passed Amendment 4, in a historic ballot initiative that restored the right to vote to most state residents with felony convictions. Until then, Florida had been one of only four states — the others were Iowa, Kentucky and Virginia — where people who had committed felonies needed to petition the governor to have their voting rights restored. It was a grim legacy of 19th-century laws passed after the 15th Amendment granted African American men the right to vote.

Supporters applauded the law as restoring voting rights to what experts estimate is over 1 million people in Florida, about 5% of the population of the state.

But the state’s dominant Republican lawmakers quickly installed a financial hurdle to those new rights. The following year, they passed a law to clarify that people convicted of felonies could only vote if they first paid off any money they owed for committing their crimes. The penalty for registering or voting without doing so: a felony charge for voter fraud.

Kenyetta Carmela Artis holds a photo of her son, Xavier Lavell Kevon Artis, 22, who is incarcerated at the Alachua County Jail for registering to vote while ineligible. (Octavio Jones for ProPublica)

On the surface, the mandate seemed reasonable: Even advocates for Amendment 4 agreed that requiring paying off fines and restitution to victims was just. In Florida, however, that task proved a sometimes insurmountable challenge — one that disproportionately hit Black people. Florida has no centralized database to allow people to figure out what legal financial obligations they owe to the state. Instead, its 67 counties and various state agencies each maintain their own databases. The state also does not track information for federal or out-of-state convictions, which people are also required to pay off before voting.

On top of the fines and restitution, Florida layers on court fees that can run into the hundreds of dollars. Together, a voter’s debt can run into the thousands, a financial hole that some may never climb out of.

“That’s kind of the bottom line of the absurdity of this — it’s Kafkaesque,” said Dan Smith, chair of the political science department at the University of Florida. “It’s very troubling that we would have state attorneys prosecuting individuals who did not know their status, and there was no way for them to determine their status.”

Florida’s voting hurdles are part of a national pattern. For years across the country, Republican state lawmakers have been implementing new restrictive voting laws, including reducing access to vote-by-mail ballots, stricter voter identification rules and limits on early voting. These efforts have accelerated since Donald Trump promoted the false claims that Joe Biden stole the 2020 presidential election. Democrats, meanwhile, have pushed to expand voting access.

Republican Gov. Ron DeSantis boasted that in 2020, Florida, a swing state with a history of contentious elections, “held the smoothest, most successful election of any state in the country,” while he also signed a flurry of voting law changes that he said would further strengthen the integrity of future votes. And DeSantis has tacitly endorsed prosecuting people convicted of felonies for voter fraud. In April, he signed a bill establishing the Office of Election Crimes and Security, which will investigate alleged election violations.

Despite the increased scrutiny, voting fraud remains so rare in Florida that it hasn’t come close to altering election outcomes. The Florida Department of State in 2020 received 262 election fraud complaints, just 75 of which were referred to law enforcement or prosecuting authorities, according to the agency.

“Florida is an outlier, because the intentional targeting of citizens with felony convictions as a way to undermine democracy has been a throughline in that state,” said Nicole Porter, senior director of advocacy for the Sentencing Project. “And the attempt to address that, by popular vote, has been undermined by the legislature.”

In 2020, a representative of the Alachua County Supervisor of Elections conducted a series of outreach efforts at the local county jail to let inmates know of their new rights and offer to help them add their names to the voter rolls.

During three visits to the jail, the official helped sign up at least 10 inmates, including John Boyd Rivers, Dedrick Baldwin and Bolton.

Rivers, 44, felt a visceral thrill at the prospect. Sitting in his cell in February 2020 facing a battery charge for hitting his wife, he was told by the county representative that he could register to vote. The official, he said, told him that he could disregard the check box on the form that asks whether the applicant has a felony conviction because he didn’t have a disqualifying felony. That seemed odd to Rivers, since he had a previous felony conviction. (He subsequently was sentenced for the battery charge.) No one told him anything about needing to pay off his financial obligations before registering to vote, Rivers said, and the jail didn’t give him an accounting of those debts when he was later released.

Back at home, Rivers was excited when his voter registration card arrived in the mail. He’d lost his right to vote at 18, he said, after voting just once. Now he could vote in a presidential election. He and his wife went to their polling place, and he cast his vote for Donald Trump.

Bolton, too, was excited to sign up. He also said no one told him he’d need to pay off his debts before casting his ballot. Although he registered as a Republican, he said he decided to vote for Biden.

In all, 10 of the men who the official helped register to vote have been charged with voter fraud on the grounds they were ineligible.

Their alleged illegal voting was first spotted by a citizen who analyzed Florida’s voting rolls and then shared the information with the state. The Florida Department of Law Enforcement subsequently launched an eight-month investigation, after which it identified the 10 inmates.

State investigators found that some jail employees remembered the elections official giving clear directions to inmates about having to pay off financial obligations, while others did not. The investigation concluded that the jail visits were “lacking in both quality and longevity” and “showed a haphazard registration of inmates.” But the state prosecutor nevertheless proceeded with charges, although not against county officials.

Officials at the Alachua Supervisor of Elections office declined to comment to ProPublica. But Supervisor of Elections Kim Barton denied any wrongdoing in a statement released in June.

Brian Kramer, the state attorney for the Eighth Judicial Circuit of Florida, defended his office’s prosecutions to ProPublica, saying he believed the 10 men knew they were committing fraud. “I’m not going to say I will prosecute or not prosecute because it’s politically popular or unpopular,” he said.

State Attorney Brian Kramer has defended his office’s decision to prosecute. (Octavio Jones for ProPublica)

Four of the 10 have pleaded guilty and have been sentenced to between 364 days and three years in prison. Bolton and three others have vowed to go to trial, while the remaining two await arraignment. They face charges that carry a penalty of up to five years in prison, five years of probation or $5,000 in fines. Eight of the men are Black, and two are white.

Critics say the charges are unjust and, at a bare minimum, excessive. In nearby Lake County, the state prosecutor declined to bring charges against sex offenders who had registered to vote despite the law prohibiting voting rights restoration for those charged with sex offenses or murder. In April, two white men living in The Villages in Sumter County, an overwhelmingly white county in central Florida, pleaded guilty to each casting two ballots for Donald Trump during the 2020 election. Rather than face prosecution, they entered a pretrial intervention program, under which they must serve 50 hours of community service and attend an adult civics class, among other requirements. Because the men in Alachua County have prior felony convictions, they are ineligible for pretrial intervention and face harsher sentences.

“I’m thinking I’m doing something good for the community, so that’s why I chose to try to do it,” Bolton said. “It was not malicious — I was not trying to commit a felony of voting fraud. I never would have voted.”

Baldwin, 47, who is in prison on a manslaughter conviction, was sentenced to an additional 364 days. He felt “set up,” he said, since nobody told him he wasn’t eligible.

“There’s no way Biden was that important to me to vote for him,” he said in an email to ProPublica from prison. “We were flat out tricked into voting.”

The elections official who visited the jail denied telling the men that they could disregard the check box and said he warned them that they’d need to pay off their financial obligations, according to a person familiar with the matter who declined to be named because he feared reprisals. The elections official declined to comment to ProPublica on the record.

The voter fraud charges were especially bitter for Rivers. By the time they were filed, Rivers said, he had already used part of his federal stimulus check to pay off more than $3,000 in costs related to his criminal record so he could reinstate his driver’s license and return to work.

“I should have known there would be some kind of catch,” Rivers said.

Florida’s history of felon disenfranchisement dates back to 1838, when the state’s first constitution prohibited people convicted of bribery or assorted “high crimes and misdemeanors” from voting. After the Civil War, faced with the prospect of formerly enslaved Black men voting, the state expanded the law so that anyone convicted of a felony lost the franchise. But in 2018, 64% of Florida voters approved Amendment 4, allowing people convicted of felonies, except for murder or sexual offense convictions, to vote.

This embrace of new voters became more complicated the following year when the state legislature passed its law. It required that people convicted of felonies must determine their own eligibility before registering to vote. The Florida Department of Corrections and county detention facilities are required to provide notice to inmates at the time of their release of their outstanding financial obligations.

But it is unclear if all of the facilities do so.

Florida charges those convicted of crimes with an array of fines and fees, some of which statutorily cannot be eliminated or reduced. Defendants facing felony charges are assessed $100 to use a public defender, as well as a $100 prosecution fee. At least one person already sentenced in the Alachua County cases has been charged an additional $671 for his voting fraud charges on top of the financial obligations he already owed.

Finding out what someone owes is time-consuming and expensive. An analysis led by Traci Burch, a political science professor at Northwestern University, tried to determine the legal financial obligations owed by a random sample of 153 Florida residents convicted of felonies and found consistent information for only three of them. Counties often keep poor records, have cumbersome websites and employ unhelpful clerks.

What’s more, it can cost money merely to find out how much money you owe. Four in 10 Florida counties charged either a payment or processing fee to look at their databases, and 15% charged a fee to access certain records, according to Burch’s research.

In 2020, Smith, the Florida political scientist, estimated that just over 1 million people would be eligible to vote under Amendment 4. Of that number, about 77% had outstanding legal financial obligations, rendering them ineligible to vote under Florida’s new law until they paid their debts. Four out of five Floridians with felony convictions owed at least $500 in fines and fees, Smith’s analysis found. More than 59% owed more than $1,000.

The state legislature immediately disqualified about 750,000 people from being able to vote when it passed its law requiring people convicted of felonies to pay their debts first, Smith estimated. And the new law’s impact was felt much more harshly by Black people, who faced greater fines and fees: 26% of white Floridians with a felony conviction would be eligible to get their voting rights restored under the new requirement, but only 18% of Black people, according to Smith.

In May 2020, a district court judge ruled that parts of the law were unconstitutional and that the law had established a pay-to-vote system. The 11th Circuit Court of Appeals overturned the ruling the following September, saying it was in the state’s power to require the payoffs and the law didn’t violate people’s rights. The state Supreme Court has also issued an advisory opinion that deemed the law legitimate.

Unsurprisingly, the number of people with felony convictions who have registered to vote has fallen far short of what supporters hoped. More than 85,000 such people registered in Florida ahead of the 2020 election.

Supporters of the law say that it’s only fair to have people fulfill their full sentences, including paying any crime-related debts. Some state attorneys, including Kramer, the attorney prosecuting the Alachua cases, have also developed processes within their jurisdictions by which people with felony convictions can verify their voting eligibility or request to reduce their fines and fees.

Felons who have not yet registered to vote can also appeal to the state to have certain fees reduced or eliminated, said Republican State Sen. Jeff Brandes, the sponsor of the law demanding the payoffs before voting rights restoration.

Florida State Sen. Jeff Brandes sponsored the law requiring all fees be paid before voting. (Octavio Jones for ProPublica)

“We truly believe there are people who are indigent that will just simply never be able to pay,” he said. “The court only collects a fraction of what is given out anyways. And so there should be a way for the state to grant some grace or for the court to grant some grace and provide people flexibility.”

Kelvin Bolton has been sitting in the Alachua Council Jail since April, waiting for his case to proceed.

He’s been in and out of the system since he was 16, piling up a long record of mostly nonviolent crimes, most recently for stealing a car, groping a woman in a store and taking cigarettes from a Dollar General.

He aims this time to keep a vow he made to his family and himself to stay straight. He said he is frustrated that the prosecutor subsequently created a program for people convicted of felonies to check their voting eligibility while he and the others are still facing charges.

“Why would they want to keep charging us for something that they’re in the wrong for?” he said. “The state is in the wrong for what they did to us.”

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by Bianca Fortis

Texas Says It Cares About Mothers, but Its Medicaid Postpartum Coverage Lags Behind Most Other States

2 years 4 months ago

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This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief weekly to get up to speed on their essential coverage of Texas issues.

While celebrating last month’s U.S. Supreme Court decision overturning the constitutional right to an abortion, Texas Gov. Greg Abbott pointed to the millions of dollars in spending that state lawmakers approved during the 2021 legislative session to help pregnant women and new mothers.

Among the measures he touted was a law that extended Medicaid health care coverage for pregnant women until six months after they give birth or miscarry, exceeding the federal government’s requirement that states provide at least two months of the benefit.

“Texas is a pro-life state, and we have taken significant action to protect the sanctity of life,” the Republican governor said in a June 24 statement. “Texas has also prioritized supporting women’s healthcare and expectant mothers in need to give them the necessary resources so that they can choose life for their child.”

Abbott’s statement neglected to mention that Texas lags behind at least 33 states, including 11 led by Republican governors, as well as the District of Columbia, all of which have already expanded or are working with the federal government to extend postpartum Medicaid benefits for a full year after giving birth. In 2021, the Texas House passed a measure that would have lengthened that coverage to 12 months, but during the waning days of the legislative session one of the senators who co-authored the state’s restrictive abortion law halved the time period.

Texas is among a dozen states that have also declined to expand broader Medicaid coverage under the Affordable Care Act to additional people with low incomes, leaving it with some of the strictest eligibility requirements in the country. For example, single parents with one child must earn $196 or less a month to qualify.

“It is such hypocrisy,” Adrienne Lloyd, a senior health policy associate for the Children’s Defense Fund Texas, said about the contrast between state legislators’ battle against abortion access and the services they provide to pregnant people. “If you really care about that health and safety, then the pregnant person and baby will have so much better outcomes if they're covered long before and after giving birth.”

The state’s Maternal Mortality and Morbidity Review Committee recommended extending postpartum Medicaid to one year in a 2020 report that showed cardiovascular and coronary conditions, along with mental disorders, were the leading causes of deaths related to pregnancy. Nearly a third of 54 deaths determined to be directly tied to pregnancy occurred between six weeks and 12 months after birth, the committee found as part of an analysis of 2013 data, the most recent available.

Medicaid is the most comprehensive federal- and state-funded health coverage offered to pregnant people and new parents. The assistance, which is generally available to people with low incomes or with disabilities, has higher income thresholds for those who are pregnant. Medicaid covers hospital visits, specialist care and X-rays that are not provided by other Texas programs.

Extending the eligibility period is critical, said Dr. Carla Ortique, a gynecologist and vice chair of the review committee, because treatments for many of the primary causes of pregnancy-related deaths, such as postpartum depression and cardiomyopathy, take time to work.

“It makes a difference in your outcomes and has been shown to make a difference for future pregnancies,” Ortique said.

Had the state’s lawmakers heeded recommendations to extend the eligibility period beyond six months, Texas could have led the nation in expanding postpartum Medicaid for pregnant people instead of trailing behind, said Diana Forester, director of health care policy at Texans Care for Children, an advocacy group.

“Why wouldn’t we want to manage those chronic conditions for that first year postpartum so that they can focus on getting healthy and getting back to work and ensuring their kid has what they need to succeed? It just seems like a no-brainer,” Forester said.

A spokesperson for Abbott did not respond to questions about the Legislature’s decision or whether the governor supports the longer coverage period.

As it stands now, people who are eligible for Medicaid during their pregnancies are allowed to stay on the program indefinitely under federal pandemic rules. But that extended coverage could end as soon as this fall if President Joe Biden’s administration allows the emergency declaration to lapse, making states’ Medicaid eligibility decisions critical for new parents in need of health care coverage.

To qualify for pregnancy-related Medicaid, single people having their first child need to make $3,022 or less a month, compared to a $196 monthly income cap otherwise.

Connie Bunch, a single mother from Abilene, Texas, a city about 150 miles west of Fort Worth, understands the consequences of losing health care coverage too soon after giving birth.

Bunch received Medicaid in 2013 while pregnant with her first child at age 28, marking the first time she had health care coverage as an adult. At the time, Texas had not yet passed any legislation that exceeded the federal government’s requirement, so she lost the benefits two months after giving birth.

The new mother couldn’t manage the cost of private insurance through the Affordable Care Act. And the $600 average monthly income Bunch received from her part-time job, child support, and disability assistance for her daughter’s cerebral palsy kept her from qualifying for Medicaid under Texas’ income requirements once her postpartum benefits expired.

As a result, Bunch could no longer pay for doctors’ visits and treatment related to the high blood pressure, hypertension and gestational diabetes that doctors had diagnosed her with during her pregnancy. Diabetes affects about one in 10 pregnant people across the country, and two of the top six causes of maternal mortality in Texas are related to high blood pressure.

Without medication, Bunch said, she suffered debilitating headaches, exhaustion and a loss of appetite.

Once Bunch became pregnant with her second child last year, she again qualified for Medicaid. Her extended coverage has allowed her to once more have access to hypertension and diabetes medications. She said her headaches have disappeared, she’s no longer tired all day and her blood pressure has stabilized.

Now living closer to family in Austin, Bunch said she hasn’t been able to work because she cannot afford child care. Her monthly income shrunk to $350 from the child support and disability payments she receives. But it is still too much to qualify for Medicaid coverage, except for that specifically provided to people after they give birth.

This means that as soon as the federal freeze ends, Bunch will lose coverage.

“That’s really scary,” Bunch said. “That’s something that I really worry about.”

Connie Bunch plays with her son Aiden and 9-year-old daughter Brooklyn in her Austin home. (Montinique Monroe for ProPublica/The Texas Tribune) “Philosophical” Resistance to Medicaid

In April 2021, Toni Rose, a Democratic state representative from Dallas, went before the 150-member Texas House to lay out her bill to expand Medicaid to a full year after pregnancy. Within three minutes, the bill passed the chamber with bipartisan support. Some lawmakers applauded its passage.

The ease with which the measure sailed through the House inspired advocates to hope that the 12 months of coverage stood a chance to become law in Texas. Of the 14 members of the public who testified on the bill during a House committee hearing, not one spoke against the measure. And not a single representative publicly raised concerns about the bill before it eventually passed by a 121-24 vote.

More than a month later, on the same day that Abbott signed into law the Texas Heartbeat Act, which banned most abortions after about six weeks of pregnancy, the state Senate took a different approach.

During a hearing that month, Lois Kolkhorst, the Senate sponsor for the postpartum Medicaid bill, ticked off a list of states that had applied to the federal government to extend coverage for new parents to 12 months or that were considering passing legislation to do so.

But she said that, at the time, only Illinois had fully enacted such coverage. Missouri, she said, had limited its extensions to substance abuse and mental health services. On the other hand, Georgia had extended full Medicaid benefits but limited them to six months, said the Republican, who represents the small Central Texas city of Brenham and chairs the Senate’s health and human services committee.

“Certainly, Texas would be on the cutting edge of this if we were to pass this bill in any form, extending past the 60 days,” Kolkhorst said.

Although her bill put forward the 12-month extension approved by the House, Kolkhorst did not indicate a preference for the full year of postpartum coverage. Instead she referenced what she characterized as a common criticism of the federal program, saying, “I think it’s a great discussion of what is the right number and some people say, well, once you get pregnant, you stay on Medicaid for forever.”

Kolkhorst suggested that Texas was already a leader, pointing to a program that she helped create in 2019 called Healthy Texas Women Plus that offers 12 months of postpartum coverage. The program aims to provide some of the benefits available through Medicaid, primarily those that would help prevent the leading causes of deaths associated with childbirth. Most eligible Texans haven’t had to use it because they still qualify for Medicaid under the federal pandemic freeze. And Kolkhorst acknowledged that Medicaid was a “more comprehensive plan.”

Women’s health advocates and physicians have criticized the Texas program as what one called a limited “package of outpatient services,” because it does not include what they said is the full range of necessary care, such as emergency room visits, specialist appointments and hospitalizations. The state initiative also has a far smaller network of providers, which experts said makes it harder to get treatment.

After the May hearing, Kolkhorst accepted an amendment by Sen. Dawn Buckingham, a Republican from Austin and an eye surgeon, that slashed the House’s proposed postpartum coverage in half.

Buckingham never publicly raised concerns about the 12 months of care during committee hearings or before the full Senate. Rose, the representative who authored the measure in the House, said when she raised questions about the cut, Kolkhorst replied that she thought six months was “progress.”

The Senate passed the amended bill just after 3 a.m. on May 27, four days before the end of the session.

Neither Kolkhorst nor Buckingham, who were among the authors of the state’s restrictive abortion bill during the same legislative session, responded to requests for comment.

Kel Seliger, a Republican senator from Amarillo who serves on the health and human services committee, said the aversion to further extending postpartum coverage stems from a fundamental opposition by some Republicans to Medicaid expansion.

“There was philosophical resistance,” he said. “Medicaid is quite removed from Obamacare. We’ve been doing Medicaid for a long time. But it got to the point where Medicaid expansion was simply a buzzword for Obamacare.”

Seliger said he thought six months of postpartum Medicaid coverage was a sufficient compromise.

“I think it’s practical to increase Medicaid by three times” the minimum required by the federal government, he said. “And let’s see what the effect is. And let’s see where the Medicaid population goes and let’s see what the cost is.”

Texas House researchers estimated in March 2021 that the cost to the state of extending postpartum Medicaid coverage to a full 12 months would be about $84 million over the first two years. The six months of care that was instead approved by the Legislature is projected to cost an average of about $40 million annually during its first four years of implementation.

The federal government pays for nearly 60% of overall Medicaid expenses in the state. It does not contribute to Healthy Texas Women Plus, although the state requested federal funding for the program in December. Approval from the federal Centers for Medicare & Medicaid Services is pending.

Dade Phelan, the Republican Texas House speaker, blamed the Senate in a statement to ProPublica and The Texas Tribune, noting his chamber voted overwhelmingly for the expanded coverage.

“The Senate refused that proposed extension for vulnerable mothers who chose life, so ultimately we landed on extending coverage to six months,” said Phelan, who is from Beaumont in southeast Texas. “The Texas House has and will continue to make certain that we support Texas women and children.”

Extending postpartum Medicaid coverage does not force states to accept the federal government’s broader Medicaid expansion.

Nearly three dozen states have opted to lengthen postpartum care to 12 months since April 2021, including seven that, like Texas, did not expand Medicaid more broadly, according to KFF, a national health care nonprofit tracking the proposals. Even Georgia, the state Kolkhorst referenced in her Senate testimony as having extended benefits for only six months, approved a full year of postpartum care in May.

If all states approved that coverage, as many as 720,000 pregnant and postpartum people in all could qualify, according to the federal government.

Many states took advantage of a streamlined process for taking such action under the 2021 American Rescue Plan Act. States must seek permission from the Centers for Medicare and Medicaid Services if they want to provide health care coverage beyond the 60 days required under the law, but the act made it easier to extend coverage to a full year.

Texas and Wisconsin, the two states so far to request approval for shorter time periods, must still go through a lengthy waiver process. If the Medicaid freeze ends before the federal government approves Texas’ proposal, people who would have been included in the state’s six-month postpartum coverage could temporarily lose that care, experts said.

The Biden administration, in a maternal mortality report released last month, called on Congress to require extending postpartum Medicaid to a full year. The report said this could eliminate “potentially deadly gaps in health insurance at a critical time for individuals.”

People are dying from pregnancy-related causes in the U.S. at a higher rate than in any other developed nation, the report said.

About 700 people die annually in the U.S. because of pregnancy-related complications, about one-third occuring one week to a year after they have given birth, according to the CDC. Texas ranks among the 10 worst states in the country for maternal mortality.

Growing Push

Rose said the Supreme Court’s elimination of the constitutional right to an abortion is an important test to see if her Republican colleagues in the Senate are willing to provide other basic supports to pregnant people.

She plans to re-file the bill to extend Medicaid coverage to a full year on the first day of the upcoming legislative session in January.

“If you want women to have babies, then you need to make sure that they have the health care that they need in order to carry those babies and to have the comprehensive health care that they need after delivery,” Rose said.

She has support from health care advocates who have been asking for the bill to be reconsidered and from Phelan, the Republican House speaker, who told the news organizations that next session “the House will double down on prioritizing maternal health care and other resources for women, children and families in our state.”

Phelan specifically cited the one-year postpartum Medicaid extension as a priority.

A spokesperson for Lt. Gov. Dan Patrick, who sets the legislative agenda for the Senate, did not respond to questions about whether he would support the passage of such a measure. Last May, Patrick told Spectrum News that he supported the bill but “we just needed to make it less than a year.”

For Bunch, remaining on Medicaid during the federal government’s public health emergency beyond what the Texas Legislature would have allowed has meant that she could treat many of her health conditions.

She will undergo a hysterectomy in August after she said physicians told her that her health conditions mean “another baby will kill you.” She could not afford a sterilization procedure, which typically would require hospitalization not paid for by Texas programs, without her Medicaid coverage.

Last month, doctors found a small aneurysm on Bunch’s brain, which can result from high blood pressure. Bunch said they told her that her family history made treatment particularly important. Doctors said she should also see a cardiologist for abnormalities with her heart rhythm.

Several of the additional services Bunch would need are not covered by the state’s postpartum pregnancy program, leaving her fretting about how she will manage if she loses Medicaid.

The mother said she does not personally believe in abortion. But she criticized Republican lawmakers for pushing to outlaw the procedure without doing more to care for women like her after they give birth.

“On the one hand, they say, ‘No, you need to be a parent,’” Bunch said. “But then it’s like, ‘We don’t care if you’re a healthy parent.’”

She added, “It's like, ‘Have that baby, but then we're throwing you to the wolves.’”

Connie Bunch takes her hypertension and diabetes medication in her home in Austin. (Montinique Monroe for ProPublica/The Texas Tribune)

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by Lomi Kriel

Help ProPublica Investigate “We Buy Houses” Practices

2 years 4 months ago

On billboards, postcards and signs nailed to telephone poles, a familiar proposition appears: Businesses will buy properties no matter how much work they might need.

Selling to these buyers can sometimes be a good option for a homeowner. But some experts have referred to certain aggressive uses of this sales practice, which frequently involves senior citizens, as “equity theft.”

If you’ve had experience with a company or buyer promising fast cash for homes, our reporting team wants to hear about it. We’re particularly interested in accounts from people who have sold — or almost sold — their properties; people who have worked for, or been affiliated with, a house-flipping company; and advocates who have represented upset sellers. (We’re less interested in stories about incessant mailers and phone calls.) If you have something to share, please do so using the form below.

by Byard Duncan, Anjeanette Damon and Sarah Smith

Two Cities Took Different Approaches to Pandemic Court Closures. They Got Different Results.

2 years 4 months ago

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This article is co-published with The Atlantic and is exempt from our Creative Commons license until Nov. 16, 2022.

On Dec. 31, 2020, a 40-year-old man named Leon Casiquito walked into Kelly Liquors on Route 66 in Albuquerque and tried to shoplift a bottle of tequila. When one of the owners, Danny Choi, tried to stop him, Casiquito flashed a small pocketknife. Choi told police he knocked the bottle out of Casiquito’s hand with a stick and Casiquito left the store.

Choi locked the door, but Casiquito hung around in the parking lot, shouting that he was going to beat up the store’s employees. One of them called the police, and soon four officers arrived and wrestled Casiquito to the ground. He was charged with armed robbery and aggravated assault with a deadly weapon — despite not actually attacking anyone with the pocketknife — and held without bail at the Metropolitan Detention Center in Albuquerque.

Casiquito had had similar run-ins with law enforcement before, mostly related to his troubles with alcohol and drugs. Those problems, his family believes, may have started with the pills he was prescribed in his teens after he was hit by a car while riding a four-wheeler and thrown 30 feet, putting him into a coma for a few days. At 30, he suffered another accident: a car hit him while he was out walking, breaking both his legs and requiring more pain medication. By the time of his 2020 arrest, his family thought that a brief sojourn in jail — which is what someone in Casiquito’s situation could expect under normal circumstances — might help him get himself clean.

Leon Casiquito, left, with Erik Fisher, the half brother who helped raise him (Adria Malcolm, special to ProPublica)

But these were not normal circumstances. Like many states, New Mexico had drastically curtailed the operation of its courts in response to the pandemic. Some civil trials and preliminary hearings for criminal matters moved online, but actual criminal trials needed to be conducted in person in front of juries. Bernalillo County, which includes Albuquerque, suspended such trials for much of 2020 and 2021. Meanwhile, new cases kept pouring in, partly as a result of the surge in violent crime that accompanied the pandemic. The nation’s homicide rate rose by nearly 30% in 2020 and another 5% in 2021, essentially erasing two decades’ worth of declines in deadly violence.

Criminologists have offered several explanations for the increase, including the rise in gun sales early in the pandemic, changes in police behavior following the protests over the murder of George Floyd, and the social disruptions caused by closures of schools and interruptions in social services. But many people who work in criminal justice are zeroing in on another possible factor: the extended shutdown of so much of the court system, the institution at the heart of public order.

This could have led to more violence in a number of ways. Prosecutors confronted with a growing volume of cases decided not to take action against certain suspects, who went on to commit other crimes. Victims or witnesses became less willing to testify as time passed and their memories of events grew foggy, weakening cases against perpetrators. Suspects were denied substance-abuse treatment or other services that they would normally have accessed through the criminal justice system, with dangerous consequences.

Above all, experts say, the shutdowns undermined the promise that crimes would be promptly punished. The theory that “swift, certain and fair” consequences deter crimes is credited to the late criminologist Mark Kleiman. The idea is that it’s the speed of repercussions, rather than their severity, that matters most. By putting the justice system on hold for so long, many jurisdictions weakened that effect. In some cases, people were left to seek street justice in the absence of institutional justice. As Reygan Cunningham, a senior partner at the California Partnership for Safe Communities, put it, closing courts sent “a message that there are no consequences, and there is no help.”

Many courts around the country still aren’t operating at full capacity, and law-and-order types aren’t the only ones concerned. Defense attorneys and members of the progressive prosecutor movement are worried too. The Sixth Amendment guarantees defendants a speedy trial, but many have been sitting in jail for months on end. “A lot of the Constitution has been kind of glossed over,” Doug Wilber, a public defender in Albuquerque, told me.

The link between any one instance of violence and courtroom delays can be hard to prove. But sometimes it couldn’t be more obvious.

Leon Casiquito’s case had been categorized as “track one,” meaning it was supposed to be heard within six months. But by the time that deadline rolled around in spring of 2021, Bernalillo County had fallen far behind schedule. The Second Judicial District Court had held 86 criminal jury trials in 2019. In 2020, that tally plunged to 18.

Casiquito had spent almost six months in jail when, on June 29, 2021, a district judge issued an order postponing his case indefinitely. During daily calls to his mother, he described how jail conditions were worsening. The inmate population was growing and the jail was short on staff. Inmates were frequently placed on lockdown — confined to their cells for virtually the entire day.

Casiquito was spending all that time locked in with his cellmate, Telea Lui, who had schizophrenia and had been charged with aggravated battery after attacking his mother with a 20-pound dumbbell. On the evening of Oct. 25, Lui flew into a rage, punching and kicking Casiquito for such a long time — more than 20 minutes — that, as Lui later told officers, he had to pause to catch his breath and get a drink of water. Inmates in nearby cells called for help, but no guards were nearby. By the time corrections officers finally entered the cell, Casiquito was not breathing and had “severe trauma” to the head. They pronounced him dead shortly afterward.

(Lui’s lawyer would later state that Lui was defending himself against Casiquito, who he said “hitting him in the legs in a nagging manner.” Lui has since been found dangerous and incompetent to stand trial and has been referred to a state psychiatric hospital.)

It had been nearly 10 months since Casiquito was arrested for trying to steal a bottle of tequila with a pocketknife. His death was one of 116 homicides in Albuquerque in 2021, by far the most the city had ever recorded in a single year.

Jeffrey Goering, chief judge of the Sedgwick County court, in his chambers in Wichita, Kansas (September Dawn Bottoms, special to ProPublica)

Six hundred miles east of Albuquerque, in Wichita, Kansas, authorities had worried from early in the pandemic about the effect of closing courtrooms. They decided to do something about it.

Violence had surged in the spring and early summer of 2020, as it had in so many other cities. Wichita police saw a sharp rise in drive-by shootings. And officials noticed something else, said then-police chief Gordon Ramsay: Many suspects arrested in the shootings were defiant, suggesting that nothing would come of the charges against them because the pandemic had shut down most of the court system. Defendants were, as a result, disinclined to take a plea deal. Why plead guilty to avoid a trial when there were no trials happening anyway?

Ramsay contacted the Sedgwick County district attorney and others about the need to get the system back on track as soon as possible. He found allies in the county’s chief judge, Jeffrey Goering, and in Kevin O’Connor, the presiding judge of the court’s criminal department.

“The option of just having cases pile up in high-volume dockets was not an option at all,” Goering told me. “If that meant thinking outside the box, that’s what it meant.”

After consultations with the county health director, the county courthouse resumed jury trials in July 2020, just four months after having suspended them. It got creative. It spent more than $30,000 to outfit its two largest courtrooms with plexiglass dividers and set up a big tent outside. At first, it called only less serious cases, because lawyers got fewer peremptory strikes to use in jury selection for those cases, which meant that juries could be selected from smaller candidate pools.

Wichita judges were adamant that the move to reopen was not intended as some sort of political statement — prioritizing prosecutions over public health. Goering himself hardly fits the red-state law-and-order stereotype: He studied philosophy in college and has decorated his chambers with homages to Jimi Hendrix and Janis Joplin. With his beard and shaggy hair, he bears an uncanny resemblance to his cinematic hero, The Dude from “The Big Lebowski.” Getting trials going again was a pure civic reflex, he told me. “I took the opinion that the cost to society was greater from the consequences of not moving these cases and keeping the courtroom locked down too long than from an outbreak of COVID,” he said.

Goering and O’Connor tried to make the restart as palatable as possible. Judges with health concerns were exempted from jury trials. Citizens called for jury duty were told they could opt out if they had concerns about catching the coronavirus. O’Connor gave a local hospital administrator his cellphone number in case any hospital staff were called as potential jurors, saying that he would make sure to waive them.

These steps raised a different concern among some defense lawyers, that the jurors would be pandemic-dismissing hang-’em-high types. But that turned out not to be the case. The initial batch of cases resulted in an unusually high rate of acquittals. “I don’t have any problem with any of these juries,” a defense lawyer, Bradley Sylvester, who worked on some of those cases, told me. “I had a lot of faith in the jury system.”

Authorities in Wichita, seen from Goering’s chambers, resumed jury trials in July 2020, just four months after suspending them. (September Dawn Bottoms, special to ProPublica)

There were wrinkles to iron out. Some lawyers asked for and received exceptions to the courtroom mask mandate during jury selection, so they could see potential jurors’ faces as they answered questions. The plexiglass could be tricky to see through if the light hit it at certain angles. One juror had to be replaced after he tested positive for COVID-19. But the judges said they knew of no serious illnesses traced to the court.

By the end of 2020, homicides were up sharply in Wichita, as elsewhere, thanks in large part to the early-summer shooting spike that had motivated the court reopening. But the court was ready to process those cases. In January 2021 it expanded its list of jury trials to include murder cases and other major felonies. Overall, it managed to hold 32 criminal jury trials in 2020, compared with 75 in 2019 — a much smaller drop than the ones in Albuquerque and other cities. “It’s important for the community to see the courts functioning,” said O’Connor. And in Wichita, they did.

Albuquerque had struggled with court backlogs and jail overcrowding long before the pandemic. In the mid-1990s, inmates at the city’s Metropolitan Detention Center filed a federal class-action lawsuit over the crowded conditions, and it remained in litigation for two decades before being settled.

In 2019, the district attorney’s office had put out a glossy report that stressed the importance of accelerating the workings of the criminal-justice system. “Speed is the best deterrent,” the report stated. “Through continually improved processes to swiftly intervene by initiating cases quickly, we are seeing a sustained drop in crime.” Accompanying this was a graph showing a sharp decline in overall crime since 2017.

But then came the pandemic and the courthouse closures. The New Mexico Supreme Court suspended jury trials from March to July 2020, restarted them with strict limits that summer, then shut them down again from November 2020 to February 2021. Instead of grand juries, the district attorney’s office had to rely on preliminary hearings, held largely online, to initiate cases. This complicated matters, because New Mexico’s stricter evidentiary rules for such hearings meant that lawyers had to get defendants and witnesses to show up, almost like a mini trial. In many instances they didn’t, making it impossible to move forward. The number of new cases fell dramatically. In 2019, the county initiated about 4,300 cases; in 2020 and 2021, the number plunged to about 2,700 and 2,600, respectively. And very few of these made it to trial. Last year, the resumption of court operations happened so haltingly that the county held only 29 criminal jury trials — two-thirds less than in 2019.

For Adolfo Mendez, the chief of policy and planning for the district attorney’s office, the consequence of this falloff was plain. A person charged with a crime, he told me, “doesn’t see any consequence of it. They’re released back into the community.”

Doug Wilber, a public defender in Albuquerque, New Mexico, at the Bernalillo County Courthouse. “A lot of the Constitution has been kind of glossed over,” he said. (Adria Malcolm, special to ProPublica)

In Albuquerque, as elsewhere, the new constraints worried defense lawyers too. Wilber, the public defender, was concerned about the “dehumanizing” effect of defendants having to appear remotely, over Zoom, for their preliminary examinations or detention hearings. When defendants appeared on a video feed from jail, he feared, judges were more inclined to keep them there. “It’s human nature: It’s easy to remain with the default,” he told me. “They’re already sitting in jail, so why not just stay there?”

Wilber also worried about how COVID-19 restrictions limited defendants’ access to their lawyers, and that the backlogs were giving judges and prosecutors an excuse to push past due-process protections once cases finally did get to the front of the line, to keep things moving as fast as possible. “At first, it was about safety and public health,” he said of the backlog, “but from our angle, it started to feel like an excuse, an easy way to do away with a lot of protections.”

Meanwhile, defense lawyers were hearing from their clients about the worsening conditions at the jail. Reporting by the Albuquerque Journal revealed just how dire things had become. By late 2021, the jail was short about 150 officers, a vacancy rate of more than 30%. (The jail's then-chief told the Journal that the administration was taking various steps to improve officer morale and recruiting.) At the time of Casiquito’s death, the corrections officer on that pod was overseeing 64 cells, double the normal purview. “It’s like a medieval Turkish prison,” Wilber told me.

As the nationwide homicide rate continued to increase in 2021, Wichita managed to buck the trend: Homicides there declined that year, to 54, a drop of 9% from the year before. Countless factors probably contributed, but local officials are convinced that their ability to get the courts running played a role.

In addition to resuming jury trials, the county has taken other steps to reduce its backlog. Last October, it summoned back a quartet of retired judges to head up what it called the “ARPA Court,” because the judges were paid for by funds from the federal American Rescue Plan Act. With their help, the county held 54 criminal jury trials last year, only 28% less than in 2019. This year, it’s roughly on track to return to its pre-pandemic pace.

On one recent weekday, the Wichita courthouse was buzzing. In O’Connor’s courtroom, the plexiglass dividers were stacked in a pile, awaiting removal. The judge was presiding over a sentencing hearing for a man convicted of murder in the July 2019 shooting of a 20-year-old Air Force member outside a party. The victim’s family had come from South Carolina and his father gave a wrenching testimonial about the loss of his son.

Afterward, in his chambers, O’Connor said this was another reason to get court operations moving again: to provide grieving family members with some closure. “You see just how important it is for family members to come to court,” he told me.

In another courtroom, a jury trial was underway for a 2021 domestic-violence-assault charge. Goering, sitting nearby in his chambers under the Hendrix and Joplin posters, said he was relieved to see just how close to normally the court was functioning. “We were going to have a backlog no matter what,” he said. “But I was just determined that it was going to be as small as possible.”

Over the past few months, I’ve visited a few cities where the courts underwent some of the country’s longest suspensions, and I found a very different scene. In Oakland, California, where jury trials started resuming only in the spring of 2021, the Alameda County Superior Courthouse still seemed frozen at the peak of the pandemic, with signs ordering visitors to take staircases only in certain directions and jurors and courtroom personnel still in mandatory masks.

In an interview in late April, the district attorney, Nancy O’Malley, told me that the county had about 4,700 felony cases and 6,000 misdemeanor cases pending with a future court date, up by a third from before the pandemic began. “The court is still not fully operational,” she said. She wasn’t sure if the county could have done differently, given California’s strict edicts on social distancing. “With rules for 6 feet apart, there was no way you could have people sitting in a box made for 12 people,” she said. “I don’t know how you do it while keeping people healthy.”

But she had little doubt that the court constraints had played a role in the rise in crime in Oakland, which last year saw homicides jump to 134, its highest tally since 2006. The absence or delay of consequences for many offenders created the perception of a “lawless society,” she told me.

In Seattle, the backlog of felony cases in the King County Superior Court stood at 4,800 in May, about 50% above pre-pandemic averages, after the court repeatedly suspended jury trials, including early this year, during the spread of the omicron variant. Seattle has also experienced a sharp rise in violent crime. The number of shootings last year, both fatal and nonfatal, was up 78% over 2019.

While I was there, I spoke with the director of the county’s Department of Public Defense, Anita Khandelwal, who offered a contrary view: She said that the solution to the backlogs was not simply to try to push through as many cases as quickly as possible. Prosecutors, she said, should rethink whether it was really necessary to bring so many cases in the first place, and should divert more people accused of nonviolent crimes into alternative, community-based resolution programs.

Back in Albuquerque, Mendez, in the district attorney’s office, said he could see the case for such a rethinking, but legislators would have to take that on. For his office, the immediate challenge remained working through a backlog that now had prosecutors facing a typical caseload of 80 felonies each, up from 50 pre-pandemic.

When I visited the Bernalillo County Courthouse and the nearby Metropolitan Court in April, many proceedings remained online, and the buildings were eerily still. One would not have guessed that the county was groaning under a pile of untried cases. The costs of the delays were not hard to discern, though. In one trial, on charges of criminal sexual penetration of a minor in 2014, the defendant’s father struggled to recall his responses to attorneys’ questions in 2018. It had, after all, been four years.

Still, the state and local courts defend the approach they took. “In developing public health safeguards and operating procedures for courthouses during the pandemic, members of the Supreme Court monitored COVID conditions in New Mexico, consulted with state health officials and regularly convened virtual meetings of chief judges across the state,” wrote Barry Massey, a spokesperson for the state’s Supreme Court, in a statement. And a spokesperson for the county court system said it was simply following the Supreme Court’s protocols.

Leon Casiquito’s family has filed a wrongful-death lawsuit against both the county and the company that provides the jail’s medical services. (The defendants have denied most of the allegations and moved to have the case dismissed.) The law firm handling the suit is well acquainted with the costs of the extended court hiatus; two of its other clients were found not guilty in murder cases, both on claims of self-defense, but had to sit in jail for a year longer than typical before their trials. The Casiquitos’ case is still in the discovery phase, but the family’s lawyers expect the trial will be delayed.

Fisher, right, at his home in Albuquerque with Casiquito’s mother, Kathy Abeita. (Adria Malcolm, special to ProPublica)

Casiquito’s older half-brother, Erik Fisher, who helped raise him, visits Casiquito’s grave almost every day and calls his mother to console her. “Leon was her baby,” he said. “They were very close. She took it really, really hard.”

Out on Route 66, the man who chased Casiquito out of Kelly’s Liquors, Danny Choi, was unaware of what exactly had become of him. Choi had gotten a call from the district attorney’s office telling him only that the case had been closed.

“I asked the prosecutor what happened, and he said he died,” Choi said. “He didn’t tell me how.”

We Want to Talk to People Working, Living and Grieving on the Front Lines of the Coronavirus. Help Us Report.

by Alec MacGillis

Patrick Radden Keefe Gets to the Bottom of It

2 years 4 months ago

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In the years since his byline first appeared in The New Yorker in 2006, Patrick Radden Keefe has become known for his revealing portraits of powerful people who refuse to speak to him. It is a testament to Keefe’s prowess that his subjects end up feeling more lifelike in his stories — more brazen, vulnerable, even sympathetic — than they do in their own memoirs and authorized biographies. This might explain why El Chapo, the Mexican drug lord and the focus of two of Keefe’s articles, wanted him to ghostwrite a book about his life — an assignment that Keefe politely declined.

Keefe’s recent output has cemented his reputation as one of the most popular and thrilling journalists at work today. In 2018, he published “Say Nothing,” a rigorously psychological account of the Troubles in Northern Ireland. A bestseller, it was followed by the hit podcast “Wind of Change,” a picaresque tour of the Cold War’s cultural front, and last year’s “Empire of Pain,” a meticulous investigation of the Sackler family’s role in the opioid crisis.

This summer marks the publication of “Rogues: True Stories of Grifters, Killers, Rebels and Crooks,” which collects a dozen of Keefe’s stories for The New Yorker, including his profiles of the celebrity chef Anthony Bourdain, the Hollywood producer Mark Burnett and the mass shooter Amy Bishop. Keefe has never had a dedicated beat at the magazine, but “Rogues” highlights his obsession with the mechanisms of repression and denial. Like Janet Malcolm, one of his influences, he’s unusually attuned to the self-delusions of both criminals and crusaders.

It can sometimes seem as though Keefe’s interest in a subject is proportional to the reporting difficulties it presents, and his stories hold a particular how-did-he-do-that? fascination for other journalists. A typical Keefe narrative will tend to note the formidable obstacle course that stands in his way. “Steinmetz, who made his name in the diamond trade, hardly ever speaks to the press, and the corporate structures of his various enterprises are so convoluted that it is difficult to assess the extent of his holdings” reads one characteristic setup. For fellow practitioners, part of the pleasure of Keefe’s work comes from watching him ingeniously clear each hurdle without seeming to break a sweat.

Last month, Keefe spoke to me about his reporting strategies and writing process over Zoom from his home in Westchester County, New York. Our conversation has been edited for length and clarity.

“Rogues” spotlights your interest in unearthing the codes that govern sub rosa institutions: Swiss tax havens, American hedge funds, the international arms trade, the Sinaloa cartel. People always ask you where your interest in secrets comes from. If you were to profile yourself, how would you go about answering that question?

Gosh. If someone like me were profiling me, I would run in the opposite direction. [Laughs] I don’t know. My mother is a retired professor of philosophy who wrote books about a series of psychiatric conditions — about madness and multiple personality disorder and melancholy and depression. This idea that we are all strangers to ourselves is an idea that I was probably exposed to growing up because it was a theme that animated a lot of her work. It’s not that I grew up — at least, I don’t think I did — in an environment where I was surrounded by great secrets, but certainly the ways in which truth can be warped in the retelling and the ways in which there are strains of denial in my family, as there are in most families, propels some of this interest.

But there’s no “Rosebud” moment, and that’s funny because I’m often looking for those types of moments with the people I write about. In “Empire of Pain,” there’s one story about Isaac Sackler, the original patriarch, losing everything and telling his children that he’d given them a good name. I remember when I stumbled across that in an interview that Arthur Sackler gave to the student newspaper at Tufts in the ’80s. It wasn’t online, but I got somebody to digitize it, and just discovering that unlocked so much of what I hadn’t been able to understand about him as a person. But listen, if Arthur Sackler were alive and with us, he would probably contest the notion that his whole life could be summed up by that anecdote. There is something reductive about this kind of writing, right?

When you’re finding that key or putting that psychoanalytic pressure on someone’s life, do you ever hear back from subjects who say, “Actually, it wasn’t quite like that?” I’m thinking of your profile of the lawyer Judy Clarke, which is collected in “Rogues.” You write about how it’s not completely obvious what drove her into controversial criminal defense work, representing people like the Unabomber, but you speculate that it might stem from some early family history.

I never heard back from Judy Clarke. I did hear from some people who know her, who felt that it was quite an accurate portrait and a flattering one, I should say. Part of what I like about that piece is that there are people who read it and are uncomfortable about her and the role that she plays and there are others who regard her as very saintly.

It’s awkward. I remember having a conversation with Anthony Bourdain about this. I spent a year working on the profile, and I said something to him about how if any of us were shown a very close-up photo of our own faces in a harsh light — I don’t mean designed to be unflattering, I just mean in a way that wasn’t airbrushed or tweaked — that would make most of us uncomfortable. In a strange way, if a portrait that I’m writing about somebody doesn’t induce a little bit of discomfort in them, I would almost feel that I hadn’t done my job. It would be weird for me to have somebody come back and say: “Thank God, finally, somebody’s captured my true essence as I see myself in the mirror.” I’m not the ventriloquist for the person I’m writing about. There’s always that little bit of dissonance there.

What criteria do you use to decide that a story is going to be worth pursuing, even if you can’t get to that Rosebud or “a-ha!” kind of moment? Has podcasting changed your conception of what counts as a viable story?

I can answer both questions with the same answer. For years, I would bring my editor at The New Yorker, Daniel Zalewski, ideas that were mysteries that I didn’t have the solution to. He always had a view — and he eventually brought me around to this view — that if it’s an 8,000-word magazine article and it’s a mystery story, you pretty much need to solve it. Occasionally there are exceptions, but there’s something about the compact with the reader that if they’re going to devote 45 minutes of their life to reading your piece, and at the end, you throw your hands in the air and say, “We’ll never know,” they feel cheated.

What that has meant for me is that, by and large, I don’t go into stories that are open-ended mysteries if I feel as though I may not be able to crack them. In the case of “Say Nothing,” what was funny was that it was a whodunit, but I never thought of it as a mystery story. I didn’t care who killed Jean McConville, because I always assumed that it was some anonymous IRA gunman, it wasn’t one of my characters, and I had been so ruthless with that book about making sure that the narrative didn’t get too far afield from my central characters. The weirdness of that experience was that it turned out to have been one of my characters all along.

With “Wind of Change,” I did it as a podcast and not as an article because I knew from the start that it would end in an ambiguous place. If it was true, it would be very difficult for me to prove that dead to rights, and if it wasn’t true, it would also be difficult for me to prove that negative. I struggled, because I wanted to write about it, but I didn’t know how to do it in a way that wouldn’t feel indulgent. Then I woke up in the middle of the night one day and thought: “No, it’s a podcast. That’s what it wants to be.” There’s something weird about podcasting where I think there’s more generosity, maybe even more indulgence, from the listener.

You’re strict about what’s included and what’s left out of the frame in “Say Nothing” and “Empire of Pain,” which at times gives the books the feel of chamber dramas. How early in the reporting are you thinking about structure? How big of a part of what’s drawing you to a story is the chance to tell it from a new angle?

When I talk about this stuff, I always want to acknowledge the enormous privilege I have to be doing this work. It’s a huge luxury to be able to spend six or eight months or a year on a piece and to write 10,000 or 12,000 or 15,000 words. When it comes to the reporting, it’s not that I’m driving around in town cars and staying in nice hotels, but it’s basically carte blanche if I need to buy court transcripts, or hire fixers, or go back to France, or go back to Northern Ireland the second time, or whatever it is, and all of that really helps.

What it means is that there sometimes are stories that have been explored in one way or another by newspapers or by other magazines. In terms of the books, sometimes there are other books. There was already a huge literature on the Troubles, obviously, and same with the opioid crisis. So a lot of the time, what’s happening is, I’m coming in, as you say, from a different angle. It’s not that I’m a hugely counterintuitive thinker. It’s much more driven by my own desires as a reader. I had read the other opioid crisis books, and two of them had a few chapters about the Sacklers, and I found, when I was reading them, that I wanted to skip ahead to the next chapters about the Sacklers, which, right there, told me something.

Similarly, with the Troubles. There are a lot of amazing books about the Troubles, but many of them are impenetrable because there’s a highly digressive style of telling stories about the Troubles. You have all these people who are interconnected, so there’s this idea that you can’t tell the story of this person without telling the story of that other person, but then in order to understand them, you need to move to a third person. They’re full of names and acronyms of different armed groups. There’s also this notion that you can’t really understand 1972 without first looking at 1916, but in order to understand 1916, you really need to go back to the 19th century, and suddenly, you’re a thousand years off from where you started. As a reader, I had found that frustrating and forbidding, so I set out to do it a little differently. But it’s more driven by what’s interesting to me than it is by any crafty meta effort to tell a different story.

I want to ask you about openings. Your Bourdain profile, to take an example, starts somewhat left of center stage with a detailed description of President Barack Obama’s motorcade. How do you know when you’ve found your opening?

I often know it when I see it. I’m always thinking about structure, and I’ve gotten better at that over the years having the confidence as I’m reporting to be thinking, “How am I going to tell this story?” To me, an opening is like the top of the water slide. I just need to get you over there and get you going, and hopefully, once I have you there, the rest of it will fall into place.

A lot of the time I’m thinking about trying to upend your expectations. In the case of Bourdain, here was a guy who’d been profiled a thousand times, so it was very important to me to try and start in a place that no other Bourdain profile started before you found your way to him. There’s a wonderful screenwriting expression — the cold open — where you start an episode in a TV show and you’re not with your characters, you’re somewhere else. The back-of-the-mind analytical pleasure for the viewer is: You’ve deposited me in some random place. How are you going to get me back to the main road?

Another example would be the El Chapo story. There’s a certain person who feels like they’ve read drug cartel stories or that they aren’t the kind of person who reads drug cartel stories. There’s a sameness to it all. So when I found this very dramatic moment where an assassin was arrested in Amsterdam at the airport, I knew that was the way in. He wasn’t even a central character, but I thought, if you can see that it’s a story about a Mexican drug cartel but you find yourself in Amsterdam in the first paragraph, I’ll be hopefully overcoming that impulse you have to say, “I’m going to turn the page because I’ve already read this story.” Better yet, maybe I’m putting a question in your mind, which is, “How is Keefe going to get me from Amsterdam back to where I know this story will ultimately unfold, which is Mexico?”

You’ve written screenplays and talked about the influence that screenwriters have had on your work. Has writing in that form changed the kinds of details you report for?

The screenplays I’ve written, none of which have been made — I’m a terrible screenwriter — I don’t know if they’ve actually changed my reporting much. There’s a schlocky journalism that aspires to be a screenplay — and I think a lot of the time is aspiring for a Hollywood option — that I really hate. I have an allergy to a certain “We open on...” writing that is striving for the adjective “cinematic.” Even just using that adjective, I feel, gives short shrift to good narrative nonfiction. As much as I can, I always want you to be able to see things in your mind’s eye. I want to know what things smell like. I want to know how things sound. But none of that is the screenwriting. The sense in which screenwriting has been helpful has much more to do with transitions: when you get into a scene, when you get out of a scene and how you juxtapose scenes. There’s a kind of economy to the structure of a screenplay that I have found really helpful.

How do you organize and outline all of the materials you gather as you’re reporting?

It’s always the same: It starts with a series of big beats. If it’s an article, it starts with eight beats on the back of an envelope, so I’ll know where the piece starts, I’ll know where I want the transition after the first section to be, and even if I’m feeling my way, I’ll know where the big moments are later on. The reason it’s useful to do the outline on the back of an envelope is that I naturally gravitate to complicated stories — and I like the complication — but I think you need to back away from that and be able to see the topography of the story.

Then, as I’m reporting, I’m filling those beats in with more detail along the way, and I’m always trying to find ways to fold in exposition so that, hopefully, you don’t notice it. That’s something I’m pretty fanatical about. One thing I really dislike is the paragraph break or the chapter break, where it’s like, “Now, 5,000 words of exposition.”

As I’m filling it in, I try to get to the point where when I sit down to write, all the ingredients are there. I think of it like a chef with his mise en place. Of course, when I cook, I never do this, but people who are cooking the way they’re supposed to will have all their ingredients measured out and ready before they start preparing the meal. The way I like to feel with writing is that I don’t have to go digging around in a notebook, because it’s all right there, laid out in roughly the right place, so that all I’m doing is coming in and putting the finishing work on something that is already pretty well-populated.

Keefe working on “Empire of Pain” at home during the pandemic (Courtesy of Justyna Gudzowska) A lot of your stories are write-arounds, where you lack direct access to your main subject. You’ve said that you’ll often request an interview early on and that if you’re rebuffed, you’ll remind the subject before publication that the train is leaving the station: The story will happen with or without their cooperation. But the story can’t really happen — or can’t be as successful — without the cooperation of your subject’s close friends or former associates. How do you make that pitch to the people in their orbit?

It totally varies from story to story. I have the advantage of spending months and months and months working on these pieces, and I’ll often interview 25, 40, 60 people for a piece. The advantage of that is that sometimes people will say “no” initially and then they just keep getting emails from people they know saying, “Oh, I just talked to that reporter.” Or, when I make a second overture, I’ll say, “Oh, I just talked to this person and this person,” and so sometimes people do come around, even the central people, but it really varies.

In the reporting phase, I try to be compassionate and to meet people where they live. I don’t usually come in with a big agenda, which is not to say that I don’t form judgments, but that all happens later in the writing phase. I’m pretty bloodless in the writing phase, but in the reporting, I want to be open. It’s helpful if I can interview somebody for two hours and they really get a sense of the cut of my jib: they know the kinds of questions I’m asking, they get a sense of the other people I’ve talked to and then they can report back to the subject. I think the fear that people often have is, “Oh, this is going to be a hatchet job.” But the truth is if you interview somebody for two hours and you really get into the nitty-gritty, they can usually see that you’re going to approach the story responsibly.

In terms of the case that I make, I always say: “I’m going to do the work. I’ll keep coming back. I’ll talk to as many people as possible.” Sometimes that backfires. What I said to Gerry Adams’ people was something like: “Nobody works harder than me. I’ll get to the bottom of everything,” and in retrospect, I realized that was not what they wanted to hear at all. [Laughs] When I said that, they said, “OK, well, we won’t be talking to you.” But I think most of the time you’re just earnestly telling people that you want to understand.

by Ava Kofman

The Judge Who Illegally Jailed Children Is Retiring. The Candidates to Replace Her Have Different Approaches.

2 years 4 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Nashville Public Radio. Sign up for Dispatches to get stories like this one as soon as they are published.

For two decades, Judge Donna Scott Davenport oversaw the illegal arrests and detentions of more than a thousand children in her Rutherford County courtroom.

Her decisions eventually caught up with her: The county settled a multimillion-dollar lawsuit, and an investigation by Nashville Public Radio and ProPublica brought to light what had been happening for years, unchecked. Tennessee lawmakers called for her ousting, the governor asked for a review, and Middle Tennessee State University cut ties with the judge, who taught criminal justice at the school. There were nationwide calls for reform.

As pressure mounted, Davenport announced her retirement as ​​juvenile court judge one afternoon in January, leaving voters to pick a new judge to fill her seat. Early voting starts today and runs through July 30, and election day is Aug. 4.

From the outside, her retirement might seem like the end of a painful chapter. Within the community, local pastor Vincent Windrow said, it’s far from over.

“Those young children who were victimized, that’s not closure for them,” Windrow said. “Just because she’s off the bench and retired, does that mean that they won’t have nightmares? Does that mean that suddenly, miraculously, they’re going to start trusting in law enforcement again?”

That’s the level of distrust that the candidates to replace her must confront, on top of convincing voters that they have the skills for the job.

The challengers are assistant district attorney Travis Lampley and pastor and Legal Aid Society attorney Andrae Crismon.

Rutherford County juvenile judge candidate Andrae Crismon, middle, talks with voters during last month’s Juneteenth celebration in Murfreesboro. (William DeShazer, special to ProPublica)

In a Republican-dominated district, Lampley has the benefit of having the letter “R” next to his name. He’s worked for a decade in juvenile courts.

In a recent WGNS radio forum, he was asked how he would rebuild trust.

“I would like to think that my experience would restore confidence,” he said.

He doesn’t dwell on the controversy over Davenport’s legacy. Instead, he is sharing ideas about other aspects of the job, like shortening the court’s months-long backlog.

“Justice delayed is justice denied,” Lampley said. “So the biggest obstacle is just to get in there, right the ship and plow forward.”

He said he wants to establish a family preservation court, which would connect people to support systems like substance abuse programs.

Lampley comes at the position from his experience inside the courtroom. Crismon, on the other hand, is vowing to be accessible to the community.

“I earnestly believe that there’s nothing wrong with Rutherford County that cannot be turned around by what’s right with Rutherford County,” Crismon said during a meet-and-greet at a coffee shop forum.

He is running as an independent because he believes it’s nonpartisan to do the right thing for kids.

And he doesn’t shy away from talking about the last judge. Crismon said Davenport operated behind closed doors. He said he hopes to turn the position inside out by hosting regular community and school meetings and educating people about what the role of juvenile court judge could be.

“We don’t want to be insular,” Crismon said. “We want to be leading the conversation of how to best deliver juvenile care services in the state. And we can do that and we can make that turnaround. But we’ve got to be willing to listen.”

Both candidates are focused on early intervention, but Crismon has proposals to keep kids out of the justice system altogether. For example, he said he’d like to work with law enforcement to create a list of juvenile offenses that would be handled with citations, instead of arrests.

That resonates with community member Robbie Snapp.

“It’s not always about a child being in trouble and you need to lock them up,” Snapp told Nashville Public Radio. “Everybody doesn’t need to be locked up. Somebody needs to be helped and have a hand up, instead of pushing them down.”

She said Crismon’s history as a legal aid lawyer and a pastor demonstrates his ability to bring compassion to the bench.

Increased Oversight

Whoever wins will be stepping into the role under more scrutiny than their predecessor, and more oversight.

One concrete change is that a newly appointed board will take over supervision of the county’s juvenile detention facility. That responsibility was taken away from Davenport after what happened.

But a more difficult change will be getting people to believe that the system will treat them fairly, said Dylan Geerts. He was locked up illegally by Davenport when he was 15, and was denied medication he had been prescribed for his bipolar disorder.

“A normal human being forgives when people apologize,” Geerts said. “But I mean, there’s not much to forgive, because at the end of the day, she doesn’t even think she did anything wrong.”

In announcing her retirement, Davenport said she was proud of her legacy on the court. She has since declined to be interviewed.

Without her taking responsibility, making amends will fall to the candidate who takes her seat.

But Windrow, the local pastor, warned that change cannot stop there. The new judge, he said, needs to be part of reforms to Rutherford County’s criminal justice system — a system that allowed illegal detentions to happen for so long. Otherwise?

“We’re just still the same horse,” he said. “We’re just changing riders.”

Do You Have a Tip for ProPublica? Help Us Do Journalism.

Meribah Knight, Nashville Public Radio, contributed reporting.

by Paige Pfleger

Her Ex-Husband Is Suing a Clinic Over the Abortion She Had Four Years Ago

2 years 4 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Nearly four years after a woman ended an unwanted pregnancy with abortion pills obtained at a Phoenix clinic, she finds herself mired in an ongoing lawsuit over that decision.

A judge allowed the woman’s ex-husband to establish an estate for the embryo, which had been aborted in its seventh week of development. The ex-husband filed a wrongful death lawsuit against the clinic and its doctors in 2020, alleging that physicians failed to obtain proper informed consent from the woman as required by Arizona law.

Across the U.S., people have sued for negligence in the death of a fetus or embryo in cases where a pregnant person has been killed in a car crash or a pregnancy was lost because of alleged wrongdoing by a physician. But a court action claiming the wrongful death of an aborted embryo or fetus is a more novel strategy, legal experts said.

The experts said this rare tactic could become more common, as anti-abortion groups have signaled their desire to further limit reproductive rights following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. The Arizona lawsuit and others that may follow could also be an attempt to discourage and intimidate providers and harass plaintiffs’ former romantic partners, experts said.

Lucinda Finley, a law professor at the University at Buffalo who specializes in tort law and reproductive rights, said the Arizona case is a “harbinger of things to come” and called it “troubling for the future.”

Finley said she expects state lawmakers and anti-abortion groups to use “unprecedented strategies” to try to prevent people from traveling to obtain abortions or block them from obtaining information on where to seek one.

Perhaps the most extreme example is in Texas, where the Texas Heartbeat Act, signed into law in May 2021 and upheld by the U.S. Supreme Court in December, allows private citizens to sue a person who performs or aids in an abortion.

“It’s much bigger than these wrongful death suits,” Finley said.

Civia Tamarkin, president of the National Council of Jewish Women Arizona, which advocates for reproductive rights, said the Arizona lawsuit is part of a larger agenda that anti-abortion advocates are working toward.

“It’s a lawsuit that appears to be a trial balloon to see how far the attorney and the plaintiff can push the limits of the law, the limits of reason, the limits of science and medicine,” Tamarkin said.

In July 2018, the ex-husband, Mario Villegas, accompanied his then-wife to three medical appointments — a consultation, the abortion and a follow-up. The woman, who ProPublica is not identifying for privacy reasons, said in a deposition in the wrongful death suit that at the time of the procedure the two were already talking about obtaining a divorce, which was finalized later that year.

“We were not happy together at all,” she said.

Villegas, a former Marine from Globe, Arizona, a mining town east of Phoenix, had been married twice before and has other children. He has since moved out of state.

In a form his then-wife filled out at the clinic, she said she was seeking an abortion because she was not ready to be a parent and her relationship with Villegas was unstable, according to court records. She also checked a box affirming that “I am comfortable with my decision to terminate this pregnancy.” The woman declined to speak on the record with ProPublica out of fear for her safety.

The following year, in 2019, Villegas learned about an Alabama man who hadn’t wanted his ex-girlfriend to have an abortion and sued the Alabama Women’s Center for Reproductive Alternatives in Huntsville on behalf of an embryo that was aborted at six weeks.

To sue on behalf of the embryo, the would-be father, Ryan Magers, went to probate court where he asked a judge to appoint him as the personal representative of the estate. In probate court, a judge may appoint someone to represent the estate of a person who has died without a will. That representative then has the authority to distribute the estate’s assets to beneficiaries.

When Magers filed to open an estate for the embryo, his attorney cited various Alabama court rulings involving pregnant people and a 2018 amendment to the Alabama Constitution recognizing the “sanctity of unborn life and the rights of unborn children.”

A probate judge appointed Magers representative of the estate, giving him legal standing to sue for damages in the wrongful death claim. The case, believed to be the first instance in which an aborted embryo was given legal rights, made national headlines.

It’s unclear how many states allow an estate to be opened on behalf of an embryo or fetus. Some states, like Arizona, don’t explicitly define what counts as a deceased person in their probate code, leaving it to a judge to decide. In a handful of states, laws define embryos and fetuses as a person at conception, which could allow for an estate, but it’s rare.

An Alabama circuit court judge eventually dismissed Magers’ wrongful death lawsuit, stating that the claims were “precluded by State and Federal laws.”

Villegas contacted Magers’ attorney, Brent Helms, about pursuing a similar action in Arizona and was referred to J. Stanley Martineau, an Arizona attorney who had flown to Alabama to talk to Helms about Magers’ case.

In August 2020, Villegas filed a petition to be appointed personal representative of the estate of “Baby Villegas.” His ex-wife opposed the action and contacted a legal advocacy organization focused on reproductive justice, which helped her obtain a lawyer.

In court filings, Villegas said he prefers to think of “Baby Villegas” as a girl, although the sex of the embryo was never determined, and his lawyer argued that there isn’t an Arizona case that explicitly defines a deceased person, “so the issue appears to be an open one in Arizona.”

In a 2021 motion arguing for dismissal, the ex-wife’s attorney, Louis Silverman, argued that Arizona’s probate code doesn’t authorize the appointment of a personal representative for an embryo, and that granting Villegas’ request would violate a woman’s constitutional right to decide whether to carry a pregnancy to term.

“U.S. Supreme Court precedent has long protected the constitutional right of a woman to obtain an abortion, including that the decision whether to do so belongs to the woman alone — even where her partner, spouse, or ex-spouse disagrees with that decision,” Silverman said last year.

Gila County Superior Court Judge Bryan B. Chambers said in an order denying the motion that his decision allows Villegas to make the argument that the embryo is a person in a wrongful death lawsuit, but that he has not reached that conclusion at this stage. Villegas was later appointed the personal representative of the estate.

As states determine what is legal in the wake of Dobbs and legislators propose new abortion laws, anti-abortion groups such as the National Right to Life Committee see civil suits as a way to enforce abortion bans and have released model legislation they hope sympathetic legislators will duplicate in statehouses nationwide.

“In addition to criminal penalties and medical license revocation, civil remedies will be critical to ensure that unborn lives are protected from illegal abortions,” the group wrote in a June 15 letter to its state affiliates that included the model legislation.

James Bopp Jr.,general counsel for the committee, said in an interview with ProPublica that such actions will be necessary because some “radical Democrat” prosecutors have signaled they won’t enforce criminal abortion bans. Last month, 90 prosecutors from across the country indicated that they would not prosecute those who seek abortions.

“The civil remedies follow what the criminal law makes unlawful,” he said. “And that’s what we’re doing.”

The National Right to Life Committee’s model legislation, which advocates prohibiting abortion except to prevent the death of the pregnant person, recommends that states permit civil actions against people or entities that violate abortion laws “to prevent future violations.” It also suggests that people who have had or have sought to have an illegal abortion, as well as the expectant father and the parents of a pregnant minor, be allowed to pursue wrongful death actions.

Under the legislation, an action for wrongful death of an “unborn child” would be treated like that of a child who died after being born.

In one regard, Arizona has already implemented a piece of this model legislation as the state’s lawmakers have chipped away at access to abortion and enacted a myriad of regulations on doctors who provide the procedure.

The state’s “informed consent” statute for abortion, first signed into law by then-Gov. Jan Brewer in 2009, mandated an in-person counseling session and a 24-hour waiting period before an abortion. It allows a pregnant person, their husband or a maternal grandparent of a minor to sue if a physician does not properly obtain the pregnant person’s informed consent, and to receive damages for psychological, emotional and physical injuries, statutory damages and attorney fees.

The informed consent laws, which have changed over time, mandate that the patient be told about the “probable anatomical and physiological characteristics” of the embryo or fetus and the “immediate and long-term medical risks” associated with abortion, as well as alternatives to the procedure. Some abortion-rights groups and medical professionals have criticized informed consent processes, arguing the materials can be misleading and personify the embryo or fetus. A 2018 review of numerous studies concluded that having an abortion does not increase a person’s risk of infertility in their next pregnancy, nor is it linked to a higher risk of breast cancer or preterm birth, among other issues.

The wrongful death suit comes at a time of extraordinary confusion over abortion law in Arizona.

Until Roe v. Wade was handed down in 1973, establishing a constitutional right to abortion, a law dating to before statehood had banned the procedure. In March, Gov. Doug Ducey, a Republican who has called Arizona “the most pro-life state in the country,” signed into law a bill outlawing abortions after 15 weeks, and said that law would supersede the pre-statehood ban if Roe were overturned. But now that Roe has been overturned, Arizona Attorney General Mark Brnovich, another Republican, said he intends to enforce the pre-statehood ban, which outlawed abortion except to preserve the life of the person seeking the procedure. On Thursday, he filed a motion to lift an injunction on the law, which would make it enforceable.

Adding to the muddle, a U.S. district court judge on Monday blocked part of a 2021 Arizona law that would classify fertilized eggs, embryos and fetuses as people starting at conception, ruling that the attorney general cannot use the so-called personhood law against abortion providers. Following the Supreme Court decision in Dobbs, eight of the state’s nine abortion providers — all located in three Arizona counties — halted abortion services, but following the emergency injunction some are again offering them.

In the wrongful death claim, Martineau argued that the woman’s consent was invalidated because the doctors didn’t follow the informed consent statute. Although the woman signed four consent documents, the suit claims that “evidence shows that in her rush to maximize profits,” the clinic’s owner, Dr. Gabrielle Goodrick, “cut corners.” Martineau alleged that Goodrick and another doctor didn’t inform the woman of the loss of “maternal-fetal” attachment, about the alternatives to abortion or that if not for the abortion, the embryo would likely have been “delivered to term,” among other violations.

Tom Slutes, Goodrick’s lawyer, called the lawsuit “ridiculous.”

“They didn’t cut any corners,” he said, adding that the woman “clearly knew what was going to happen and definitely, strongly” wanted the abortion. Regardless of the information the woman received, she wouldn’t have changed her mind, Slutes said. Slutes referenced the deposition, where the woman said she “felt completely informed.”

Martineau said in an interview that Villegas isn’t motivated by collecting money from the lawsuit.

“He has no desire to harass” his ex-wife, Martineau said. “All he wants to do is make sure it doesn’t happen to another father.”

In a deposition, Villegas’ ex-wife said that he was emotionally abusive during their marriage, which lasted nearly five years. At first, she said, Villegas seemed like the “greatest guy I’ve ever met in my life,” taking her to California for a week as a birthday gift. But as the marriage progressed, she said, there were times he wouldn’t allow her to get a job or leave the house unless she was with him.

The woman alleged that Villegas made fake social media profiles, hacked into her social media accounts and threatened to “blackmail” her if she left him during his failed campaign to be a justice of the peace in Gila County, outside of Phoenix.

Villegas denied the allegations about his relationship but declined to comment further for this story, Martineau said.

Carliss Chatman, an associate law professor at Washington and Lee University in Virginia, said certain civil remedies can also be a mechanism for men to continue to abuse their former partners through the court system.

“What happens if the father who is suing on behalf of the fetus is your rapist or your abuser? It’s another way to torture a woman,” Chatman said.

Chatman added that these legal actions can be a deterrent for physicians in states where abortion is banned after a certain gestational period, because the threat of civil suits makes it harder for doctors to get insurance.

The lawsuit has added to the stresses on Goodrick, who has been performing abortions in Arizona since the mid-1990s, and her practice. She said that since the lawsuit was filed, the annual cost of her medical malpractice insurance has risen from $32,000 to $67,000.

Before providers in Arizona halted abortions following the Supreme Court decision, people would begin lining up outside Goodrick’s clinic at 6 a.m., sometimes with lawn chairs in hand, like “a concert line,” Goodrick said.

“Every year there’s something and we never know what it’s going to be,” Goodrick said recently at her Phoenix clinic. “I’m kind of desensitized to it all.”

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by Nicole Santa Cruz

Pharma Companies Sue for the Right to Buy Blood From Mexicans Along Border

2 years 4 months ago

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This story was co-published with ARD German TV.

In the year since the United States blocked Mexicans from entering the country to sell their blood, the two global pharmaceutical companies that operate the largest number of plasma clinics along the border say they have seen a sharp drop in supply.

In a suit challenging the ban, the companies acknowledged for the first time the extent to which Mexicans visiting the U.S. on short-term visas contribute to the world’s supply of blood plasma. In court filings, the companies revealed that up to 10% of the blood plasma collected in the U.S. — millions of liters a year — came from Mexicans who crossed the border with visas that allow brief visits for business and tourism.

The legal challenge by Spain-based Grifols and CSL of Australia relates to an announcement last June that U.S. Customs and Border Protection doesn’t permit Mexican citizens to cross into the U.S. on temporary visas to sell their blood plasma. The suit was initially dismissed by a federal judge but reinstated by the U.S. Court of Appeals for the D.C. Circuit. The drug companies’ lawyers have said in court filings that the sharp reduction in Mexicans selling blood to the border clinics is contributing to a worldwide shortage of plasma and is “precipitating a worldwide public-health crisis that is costing patients dearly.”

ProPublica, ARD German TV and Searchlight New Mexico reported in 2019 that thousands of Mexicans were crossing the border to donate blood as often as twice a week, earning as much as $400 per month. Selling blood has been illegal in Mexico since 1987.

Many countries place strict limits on blood donations — Germany, for example, allows a maximum of 60 donations per year with intensive checkups before every fifth donation. But the Food and Drug Administration doesn’t require comparable donor checkups and allows people visiting American clinics to sell their blood twice a week, or up to 104 times a year.

The limits that other countries set on blood donations have made the U.S. one of the world’s leading exporters of blood. In 2020, U.S. facilities collected 38.2 million liters of plasma for the production of medicine, accounting for approximately 60% of such blood plasma collected worldwide.

Until now, it has been unclear how much of the U.S. blood plasma supply came from Mexican citizens, and pharmaceutical companies had downplayed border clinics’ role in meeting demand for plasma. Grifols noted in 2019 that “more than 93% of the centers [are] at a far distance from the border between the U.S. and Mexico.”

But in its recent court filings, Grifols stressed the importance of the border clinics. A statement from a company executive disclosed that at the company’s Texas centers alone, there were “approximately 30,000 Mexican nationals donating and supplying over 600,000 liters of plasma [a year].” He describes Mexican donors as “loyal and selfless in their commitment to donating plasma.”

According to a filing by Grifols and CSL, the 24 border centers run by Grifols alone account for an “annual economic impact of well over $150 million” and represent approximately 1,000 jobs.

The trade organization for the pharmaceutical companies, the Plasma Protein Therapeutics Association, has similarly reframed its arguments on the issue. In a 2019 statement, the association urged reporters not to attach any significance to “donation centers that happen to fall within areas states define as border zones.” It said then that it had no estimate of how much blood was being bought at the border or whether the amount was disproportionate when compared to the rest of the country.

But a recent court filing by the association said there are 52 plasma centers in the border zone, and “the average center along the border collects higher than average (31% more) plasma than the average center nationwide.”

Some of those donation centers were set up just steps away from the U.S.-Mexico border. Their location, court papers make clear, was part of a strategic effort to bring in Mexican donors: A memorandum written by the companies’ lawyers acknowledged that the centers were located to “facilitate” donations made by Mexican nationals, and that Grifols and CSL “have also spent ‘several million dollars in the last several years’ on advertising to encourage Mexican citizens to donate plasma in exchange for payment at the centers located along the border.” The memorandum did not specify if the ads were published in Mexico, but advertising for paid plasma donations is illegal in Mexico.

The Mexican nationals selling their blood previously entered the U.S. on what are known as B-1 or B-2 visas, documents that allow visitors to shop, do business or visit tourist sites. U.S. Customs and Border Protection had long viewed the practice of selling blood as a “gray area,” with some officials allowing short-term visitors to go to the centers while others did not. In 2021, about a year and a half after we published our 2019 story, the Border Patrol issued internal guidance that barred short-term visa holders from selling blood.

CSL and Grifols challenged that action, asserting that for 30 years, CBP had “largely allowed B-1/B-2 visa holders from Mexico to enter this country for the purpose of donating their plasma at collection centers that provide a payment to donors.” The CPB disagreed. Matthew Davies, a supervisory border security officer, told the court that selling plasma for compensation had never been a permissible activity.

On June 14, 2021, CBP sent out “clarifying guidance” that selling plasma on a visitor visa was not allowed. The announcement created chaos at the border centers. Two days later, Grifols wrote — and later deleted — a post on its Spanish-language Facebook page that said, “We are replying to the hundreds of messages asking when people with a visa can come back to donate. For the moment, the response is, you can’t.” An angry reply stated “Now, we’re no longer heroes who are saving lives. They just used us.”

Since then, donations at border centers have dropped dramatically. The pharmaceutical companies told the court that a survey of 12 centers in Texas found a 20% to 90% decline. “One particularly large center, which normally collects 5000+ donations per week, has decreased to a level closer to 200,” said the plasma association president, Amy Efantis.

Some previous donors interviewed by ProPublica said they would welcome a court ruling that set clear rules for people crossing the border to sell their blood. Genesis, a 23-year-old student from Ciudad Juárez, said she had worried about losing her visa when she entered the United States for her regular visits to the border clinics.

A current manager of a plasma collection center at the border, who asked not to be named because of the ongoing court case, said that he had to lay off about two-thirds of his employees and cut the center’s hours. “It would be good if they allowed [Mexicans] to donate again,” he said. “People are depending on this, on both sides.”

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Correction

July 14, 2022: This story originally misidentified one of the news organizations involved in the 2019 investigation. It was Searchlight New Mexico, not Searchlight Mexico.

by Stefanie Dodt, ARD German TV

Critical Omissions Plague Texas Gun Background Check Law

2 years 4 months ago

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This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief weekly to get up to speed on their essential coverage of Texas issues.

In the spring of 2009, Elliott Naishtat persuaded his colleagues in the Texas Legislature to pass a bill that he believed would require the state to report court-ordered mental health hospitalizations for Texans of all ages to the national firearms background check system.

Nearly two years had passed since a student with a history of serious mental illness had gone on a deadly shooting rampage that left 32 dead at Virginia Tech. And Naishtat, then a Democratic state representative from Austin, argued that Texas was as vulnerable as Virginia had been to such mass shootings because it didn’t require the reporting of involuntary mental health commitments to the FBI’s National Instant Criminal Background Check System, known as NICS. Federally licensed dealers are required to check the system before they sell someone a firearm.

“This bill will ultimately save lives, and I hope you’ll give it your most serious consideration,” Naishtat said when he introduced the measure.

But 13 years after the legislation became law, following a string of mass shootings carried out by troubled young men, an investigation by ProPublica and The Texas Tribune has uncovered a major gap in the law and its implementation.

Despite language in Naishtat’s bill that says local courts should report to the state’s top law enforcement agency any time a judge orders any person, regardless of age, to receive inpatient mental health treatment, the news organizations found that they are not reporting juvenile records because of problems with the way the law was written, vague guidance from the state and conflicts with other Texas laws.

The widespread reporting failures are all the more important today because Congress passed legislation last month that requires checks of various state databases that should include juvenile mental health records for would-be gun buyers under 21. The bipartisan measure was passed swiftly after the May 24 school shooting in Uvalde that left 21 dead.

Currently, Texans who were involuntarily committed to a mental institution as minors aren’t ending up in NICS, so as soon as they turn 18 they can walk into a federally licensed gun shop and legally acquire a rifle because they will pass the required background check, assuming they do not have criminal records. (Americans typically have to be 21 to purchase handguns.)

County and district court clerks and juvenile probation officials in five of the state’s six largest counties, as well as Uvalde County, told the news organizations they weren’t reporting juvenile mental health commitments, either as a matter of policy or because they didn’t think they had to. These include Harris, Tarrant, Bexar, Travis and Collin.

“In light of what is happening too many times these days and in recent years, it bothers me tremendously to hear that this law may not have been implemented in the way that it clearly was intended to be implemented,” Naishtat said in an interview. “That legislation with respect to juveniles is probably more important today than ever.”

The gap came to light only after the Uvalde massacre, when ProPublica and the Tribune started asking questions about reporting requirements for juveniles. The shooter was an 18-year-old who had passed a background check before buying two AR-15 semi-automatic rifles, despite what officials have described as a troubled mental health history. It is unclear if he was ever committed.

Officials with the Texas Department of Public Safety, which under the 2009 law is charged with collecting mental health records from local courts and passing them along to the FBI for inclusion in NICS, said that the agency routinely reports juvenile criminal records but not juvenile mental health records. Local courts do not provide DPS with juvenile mental health data, agency officials said.

“There are a lot of protections that surround mental health data and juvenile mental health data,” ML Calcote, assistant general counsel for DPS, said in a statement.

Experts, including county juvenile probation department officials and a former longtime juvenile judge, say the 2009 state law did not take into account the complexities of the juvenile justice system in Texas, which places strict limits on what records can be reported.

Following questions about reporting requirements from ProPublica and the Tribune, the state agency tasked with helping local courts abide by new laws moved to update its official guidance to clerks to make clear that the mental health reporting requirement applies to juveniles as well. A spokesperson for the Office of Court Administration shared a draft version of supplementary guidance that she said the office would put on its website and incorporate into future manuals.

ProPublica and the Tribune presented a summary of their findings to the offices of Lt. Gov. Dan Patrick and House Speaker Dade Phelan, who control the legislative agenda. They did not respond to questions about whether the issue is a priority for discussion in the next legislative session, which begins in January.

Dysfunctional Reporting

When it comes to the reporting of adult mental health records, the Texas law has been highly effective. By the end of 2021, the state had sent more than 332,000 mental health records — the sixth-highest number in the country — to the national background check system, according to FBI data.

Unlike adult records, juvenile records are tightly controlled under state law, which includes criminal penalties for officials who release them unlawfully. That has likely contributed to widespread confusion about the reach of the 2009 law, which does not differentiate between adults and minors, said Dru Stevenson, a South Texas College of Law professor whose research focuses on gun violence and regulation.

“Anybody dealing with either health records or juveniles are super skittish about preserving privacy and confidentiality,” he said.

Mike Schneider, a former Harris County juvenile court judge, said the 2009 law fails to account for nuances in the juvenile code. For example, the law requires the reporting of all court-ordered mental health commitments. But Schneider and other juvenile officials say that in many cases juveniles end up in inpatient treatment not through a judge’s order, but via treatment plans agreed to by mental health professionals working on their cases. Additionally, Schneider said he interprets the law to directly address only the mental health commitments of juveniles already in lockup, not those first entering the system.

As a result, he estimated that some 99% of juvenile mental health commitments in the state are not the result of the kinds of judicial orders spelled out in the 2009 law.

“It’s just a really, really, really tiny sliver and would miss most of the people who are juveniles who have court-ordered mental health services,” he said.

The Office of Court Administration convened a task force of clerks, judges and various state officials more than a decade ago to figure out how to increase the number of all mental health records being sent to DPS.

The resulting report, published in 2012, found that “DPS lacks the resources to assist the district and county clerks with reporting mental health information.” It made a number of recommendations for ensuring better reporting across the state, including that OCA distribute a reporting manual to clerks detailing the law’s exact requirements. But neither the report nor the resulting manual addressed the reporting of juvenile records.

The agency has since moved to remedy that.

“Recently, because of increased questions, we decided to update the quick reference table to make it even more clear that juvenile records should be included under those provisions, and an updated FAQ section will be going in the manual,” spokesperson Megan LaVoie wrote in an email last month.

Amid a lack of clear direction, courts across the state aren’t following the law as Naishtat intended.

In Uvalde County, for instance, Chief Juvenile Probation Officer Mary Lou Ruiz said “there’s no specific way for us to report that to DPS.” When asked why, Ruiz cited limitations of electronic reporting tools.

Travis County Probate Judge Guy Herman, who was a driving force behind the 2009 law and also chaired the OCA task force, said that his court has reported juvenile mental health commitments to DPS in the past, but that it hasn’t had such a case in several years. Juvenile department and district clerk officials in the county say they operate under the belief that state guidelines don’t require juvenile mental health reporting, according to a county spokesperson.

In Harris County, which oversees the largest juvenile justice system in Texas, district clerk spokesperson Al Ortiz told the publications no juvenile mental health records are reported to the state, citing what he described as long-standing guidance from the OCA and DPS.

On the other hand, the Dallas County District Clerk Felicia Pitre said her office reports juvenile mental health records to DPS, in accordance with state law. Pitre declined to say how many commitments have been sent. She did not respond to a request for comment about DPS’ statement that Texas courts are not reporting juvenile mental health records.

LaVoie, the OCA spokesperson, said in an email that the office communicated to clerks that they had to report certain juvenile mental health commitments to DPS but declined to say when or provide specifics about its messaging. DPS’ press office has not responded to questions about what reporting guidance it has provided to clerks.

Juvenile advocates and gun rights groups have urged caution in the reporting of juvenile records, calling for avenues to allow young adults to have their gun rights restored.

And mental health advocates have warned against using mental illness as a scapegoat when it comes to gun violence. “A vast majority of firearm violence is not attributed to mental illness,” the American Psychiatric Association said in a statement after the Uvalde shooting. “Rhetoric that argues otherwise will further stigmatize and interfere with people accessing needed treatment without addressing the root causes of firearm violence.”

But recent shootings have again raised questions about whether it is too easy for young people with histories of mental illness to obtain firearms.

As in Texas, questions emerged about New York’s mental health reporting laws following the May 14 supermarket shooting in Buffalo that killed 10 people, most of them Black.

The gunman, an 18-year-old New York man, had been taken into custody as a juvenile for a psychiatric evaluation after he threatened to commit a murder-suicide. But under the state’s mental health reporting law, because the gunman wasn’t ordered into treatment, the psychiatric evaluation alone did not trigger a report to the background check system. A 2013 New York law requires mental health professionals in the state to report patients who in their “reasonable professional judgment” are likely to harm themselves or others, but no such report was made.

It’s unclear whether Texas’ law would have prevented the Uvalde gunman from purchasing two semi-automatic rifles at a federally licensed local gun shop.

DPS has said the 18-year-old Uvalde shooter, who killed 19 children and two teachers, didn’t have a mental health record, but agency officials also have consistently added a caveat: “That we know of.”

A memorial for the 21 victims of the May 24 school shooting in Uvalde. (Evan L'Roy for The Texas Tribune)

In news reports, the gunman’s acquaintances have alleged that he had a history of truancy, cruelty to animals and violence at home and at school.

Texas Sen. John Cornyn, the GOP negotiator in the recently passed federal legislation, has implied the shooter had mental health issues as a juvenile.

“Enhanced background checks of juvenile court, police, and mental health records likely would have disclosed what everyone in the community knew,” he wrote on Twitter on June 12. “The shooter was a ticking time bomb.”

Eliminating Ambiguity

The new federal legislation was mostly met with praise from gun control groups, especially for its provisions on juvenile records.

Lindsay Nichols, federal policy director with the Giffords Law Center, which is the legal arm of a national gun safety group created by Gabrielle Giffords, a former Democratic congresswoman who survived a shooting in 2011, said the measure now gives the background check system enough time to “make an accurate determination about whether the person is eligible to purchase guns.”

The new federal law gives the FBI up to 10 business days — seven more than are allotted under current rules — to investigate if an initial background check on a would-be firearm purchaser under 21 flags potentially disqualifying juvenile records. If the agency doesn’t find anything during that time frame, dealers are legally able to make the sale. Any mental health commitments ordered before the person is 16 would not disqualify them from purchasing a firearm.

The law also directs federal investigators conducting background checks to contact local law enforcement agencies and state-level custodians of mental health records, as well as search juvenile criminal history databases, for information that would disqualify a person from purchasing a firearm. Yet as it stands today in Texas, checks with such entities would fail to reveal many court-ordered juvenile commitments.

While most states now require some level of mental health reporting, gun control advocates like Giffords and Everytown for Gun Safety don’t track how many states require searches of juvenile mental health records before gun purchases. An FBI spokesperson said the bureau doesn’t keep track of it either. According to the Giffords Law Center, the 13 states that carry out their own background checks tend to conduct more comprehensive searches on juvenile records. And several of those so-called “point of contact” states appear to offer clearer guidance on the issue.

Like Texas, Florida has a mental health reporting law that doesn’t explicitly mention juveniles. But a spokesperson for the Florida Department of Law Enforcement, David Fierro, made clear that the law applies to people who are under 18.

“There are no age limitations or exemptions. All court orders are required to be submitted,” he said. “The subject of these orders is disqualified from the transfer of a firearm.”

Schneider, the former Harris County juvenile judge, said the Legislature should address the narrowness and ambiguity that has resulted in the widespread failure to report juvenile mental health records, though he said such an effort will require lawmakers to answer difficult questions about how to handle sensitive records. In his mind, the law should cover young Texans with troubling histories of bullying, animal cruelty and sexual assault, behavior that foreshadows what experts call “future dangerousness.”

“What do you do with kids who have tortured a cat or a dog or done something really cruel, sexually or not, to another kid?” he said. “Those are, I think, the ones that people really worry about, because that seems to be so strongly correlated with really, really bad outcomes in the future.”

Asked if more clarity from the Legislature would make the law more effective, LaVoie, the OCA spokesperson, said: “Eliminating ambiguity is always helpful.”

by Jeremy Schwartz and Kiah Collier