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A Mom’s Campaign to Ban Library Books Divided a Texas Town — and Her Own Family

3 years 3 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article was produced in partnership with NBC News.

It was also 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.

Weston Brown was scrolling through Twitter last month when he came across a video that made his chest tighten. It showed a woman at a school board meeting in North Texas, calling on district leaders to ask for forgiveness.

“Repentance is the word that’s on my heart,” she said near the start of the video.

For months, the woman in the clip had been demanding that the Granbury Independent School District ban from its libraries dozens of books that contained descriptions of sex or LGBTQ themes — books that she believed could be damaging to the hearts and minds of students. Unsatisfied after a district committee that she served on voted to remove only a handful of titles, the woman filed a police report in May accusing school employees of providing pornography to children, triggering a criminal investigation by Hood County.

Now, in the video that Weston found online, she was telling the school board that a local Christian pastor, rather than librarians, should decide which books should be allowed on public school shelves. “He would never steer you wrong,” she said.

The clip ended with the woman striding away from the lectern, and the audience showering her with applause.

Weston, 28, said his heart was racing as he watched and rewatched the video — and not only because he opposes censorship. He’d instantly recognized the speaker.

It was his mother, Monica Brown.

The same woman, he said, who’d removed pages from science books when he was a child to keep him and his siblings from seeing illustrations of male and female anatomy. The woman who’d always warned that reading the wrong books or watching the wrong movies could open the door to sinful temptation. And the one, he said, who’d effectively cut him off from his family four years ago after he came out as gay.

“You are not invited to our house for Thanksgiving or any other meal,” his mother had texted to him in November 2018, eight months after he revealed his sexual orientation to his parents.

Weston Brown shared texts that he'd exchanged with his parents with NBC News, including this one with his mother from November 2018. (Courtesy of Weston Brown)

Weston, who lives with his partner in San Diego, had long ago come to terms with the idea that he would never again have a meaningful relationship with his parents. He still loved them and desperately missed his younger siblings, he said, but he was done trying to convince his mom and dad that his sexuality wasn’t a choice or a sin. He was done challenging their religious beliefs and praying for them to change.

Until he saw the video of his mom at a school board meeting.

In recent months, Weston has watched as the same foundational disagreements that tore his family apart have begun to divide whole communities. Fueled by a growing movement to assert conservative Christian values at all levels of government, activists across the country have fought to remove queer-affirming books from schools, repeal the right to same-sex marriage, shut down LGBTQ pride celebrations and pass state laws limiting the ways teachers can discuss gender and sexuality.

Monica Brown, who served on a school district book review committee in Granbury, has called that process a sham. She filed a police report in May accusing school employees of providing pornography to children. (Screenshots of Granbury ISD video by NBC News)

Much as the seemingly intractable arguments over America’s pandemic response and conspiracy theories about the 2020 election have led to fractured personal relationships in recent years, these clashes over gender and sexuality have pitted neighbors against neighbors, parents against teachers and — in the case of the Browns — a son against his mother.

“It was one thing when my parents’ beliefs were causing this rift between us and it was just a family matter,” Weston said. “But seeing now that she’s applying those same views to public activism, at a time when so many basic rights are being challenged, I couldn’t stay quiet about that.”

Monica, 51, who has homeschooled all nine of her children and serves as the director of a private Christian education cooperative, declined to be interviewed or answer written questions. In a series of email exchanges with NBC News, she initially invited a reporter to discuss the article over dinner at her home in Granbury, but in a subsequent message, she said her husband would not allow the meeting, adding, “I have been advised to not speak with you at all.” Her husband also declined to be interviewed.

In public, Monica has denied targeting LGBTQ books. At a recent school board meeting, she said her only objective has been to protect children from sexually explicit content — gay or otherwise.

“There’s nothing about LGBTQ involved in this,” she said. “There are LGBTQ books that are sexually explicit, yes. They are wrong, too. If they are between men and men, women and women, cats and women, dogs and women, whatever, that is not appropriate educational content.”

That statement, however, doesn’t square with many of the books that she has flagged for removal at Granbury. Several of the titles on her list feature LGBTQ storylines, but contain no sexually explicit content. That includes “Drama,” by Raina Telgemeier, a graphic novel that depicts gay and bisexual characters navigating the routine awkwardness of middle school crushes.

Of the nearly 80 library books Monica and her supporters want removed, 3 out of 5 feature LGBTQ characters or themes, according to an NBC News analysis of titles posted on GranburyTexasBooks.org, a website where the activists have compiled parent reviews of books they want banned. In addition to sexually explicit content, the site calls for books to be removed for “normalizing lesbianism,” focusing on “sexual orientation” and promoting “alternate gender ideologies.”

Monica has also signaled anti-LGBTQ views in formal library book challenges that she’s sent directly to Granbury school officials, according to copies of the forms obtained through a public records request. In one instance, she criticized a biography of notable women in part because it included the story of Christine Jorgensen, a trans woman who made national headlines in the 1950s for speaking openly about her gender-confirmation surgery. She suggested replacing that book with a Christian biography series about girls and women who used their talents to serve God — “biographies of truly great Americans,” she wrote.

After watching the video of his mom at the school board last month, Weston skimmed through excerpts of the books she wanted pulled. It seemed to him that she and her supporters were pushing public schools to adhere to some of the same strict religious ideologies that he says he suffered under as a child.

Granbury’s Long Fight Over LGBTQ Library Books

He thought about all the students, at Granbury and across the country, who might benefit from reading the types of books that were off-limits to him growing up.

With tears in his eyes, he started to type a tweet on the afternoon of July 3.

“This is my mom,” he wrote, with a link to the school board meeting video. “Seeing her advocate for the erasure of queer representation is crushing. Coming up on the 5 year anniversary of being effectively cut off from my family and siblings after coming out in 2018.”

He hesitated, knowing he would be reopening old wounds for the world to see. He didn’t want to do anything to hurt the woman who’d raised him, he said.

But trying to get librarians arrested?

Weston added one more line to his post — “Much love to those standing up and pushing back for representation” — along with a rainbow flag emoji. And then he hit send.

“The Rejection You Have Chosen”

Weston has many fond memories growing up in the suburbs between Dallas and Fort Worth, about an hour from his parents’ current home in Granbury. He recalled summer days splashing in their backyard swimming pool, family ski vacations to Colorado and hours spent at the public library with his mom, who fostered his love of reading.

“I didn’t really have friends growing up, and going to make new friends via fictional characters was always something I looked forward to,” he said. “It was a beautiful way to leave my world and go somewhere better.”

But in a conservative Christian home, some content was off-limits.

Although the Brown family’s bookshelves were lined with classics, such as books from C.S. Lewis’ “Chronicles of Narnia” series, many popular titles were forbidden, Weston said. That included the Harry Potter series, which he said his mother, like many other conservative Christians, regarded as a satanic depiction of witchcraft.

Weston, the eldest child, said his mother also did her best to shield him and his siblings from words or images that might stir sexual curiosity. He remembered being told to look down at the floor anytime they walked through the women’s underwear section at department stores. Even as a child, he said, he was more intrigued by the marketing photos on display in the men’s section — though he didn’t dare tell anyone.

The lessons on purity didn’t stop after he became an adult.

In 2015, when he was 20 and still living with his parents, he returned home late one evening after seeing “Avengers: Age of Ultron,” a PG-13 superhero movie that his mother disapproved of. When he walked into his kitchen, he said, he found two pans of brownies waiting for him, along with a stack of articles printed off the internet about the corrosive influence of Marvel comics and films.

One pan of brownies was normal. The other had a label that warned it had been baked with a small amount of dog poop mixed in.

“Poo anyone? Just a little?” Monica wrote later, when she posted an image of the brownies on Facebook. “How much yuck is too much?”

Monica Brown posted this picture on Facebook after baking two batches of brownies — one normal, and one with dog poop mixed in — to teach her then-20-year-old a lesson on purity after he went to see “Avengers: Age of Ultron,” a PG-13 superhero movie that she disapproved of. (Courtesy of Weston Brown)

The moral of the illustration, which is popular among some evangelical Christians: If you wouldn’t eat brownies that might harm your body, then why would you expose yourself to movies, books or music that might harm your soul?

Her son was disgusted, but he didn’t push back on the lesson.

“She made her point,” he said, “and we never spoke about it again.”

That was the same year that the U.S. Supreme Court legalized same-sex marriage — a tectonic cultural development that disturbed many evangelical Christians. Afterward, Monica posted frequently on social media about the “dangerous” gay agenda that she believed was on the march across mainstream U.S. society. She warned in posts that Disney was secretly pushing LGBTQ lifestyles on children in movies such as “Toy Story 4,” and shared a link to a video alleging that pop star Katy Perry was conspiring with satanic forces to convince teens to embrace homosexuality.

Weston said he didn’t challenge his mom’s views while he lived with her. He’d spent years struggling to reconcile his desires with the religious values his parents had instilled in him — trying to convince himself that the butterflies in his stomach any time he was around one of the boys at church was just something friends felt for each other. It didn’t help, he said, that he’d had no meaningful sex education as a teenager — just a blanket instruction to abstain until marriage — and no understanding of LGBTQ identities or what those letters even meant.

But by 2018, he was 23, living on his own and finally confident enough to tell his parents what he’d always known about himself.

“Dear Mom and Dad, I’m writing this to share something that I’ve wanted to share with you yet have held back for a long time,” he wrote in an email to his parents in February 2018. “It is with great relief, clarity and vulnerability that I share this with you: I am gay.”

He ended the note: “I pray that you receive this with an open mind.”

That prayer, he said, went unanswered.

Over the next year and a half, he said, his parents tried to convince him that he was mistaken. Through a series of emotional lunch meetings, phone calls and text messages, he said, they urged him to see a Christian counselor in the hopes that he could learn to overcome his homosexual urges. They invited Weston to church — the one place where they would allow him to see his younger siblings — and openly wondered about what corrupting influences might have led their son down this sinful path.

For months, his mother sent him links to articles from Christian news sites with headlines like “Evidence shows sexual orientation can change” and “It’s not gay to straight, it’s lost to saved” — links that she was simultaneously posting publicly on Facebook. But after Weston made clear that there was no prayer or summer camp that would change who he is, he said his parents made clear that he was not welcome at their home, even on holidays or birthdays.

“You are not rejected, not at all, and never will be,” his father, James Brown, texted to him in October 2019, more than a year after he came out. “The lifestyle you have chosen goes against God and therefore that is the rejection you have chosen.”

His father added, “Have you ever considered the pain you have put your mother and I through?”

That same day, Monica sent him a message on Facebook to say that she was praying for dark forces to be cast out of him.

“I specifically come against evil that has entered you from the movie ‘It,’” she wrote, referring to the time when Weston, at around age 10, had watched part of the Stephen King mini-series about a murderous clown. “Clown demons have to go in the mighty name of Jesus.”

She ended the message, “I love you, Mom.”

“A Raging Fire”

Monica Brown’s campaign to rid schools of books that she considers obscene began late last year with a trip to the Granbury Middle School library, which sometimes hosts robotics competitions that her homeschooled children have competed in.

She started flipping through a few books while she was there and was disturbed by what she found, according to a May interview she recorded with The Blue Shark Show, a local far-right internet talk show hosted by a Republican former state legislator.

“What I saw was negative, dark — things nightmares are made of,” Monica said, without sharing more details.

Her sudden interest in library books coincided with a wave of similar book ban attempts across the country last year amid a growing conservative backlash against school programs and lessons dealing with racism, gender and sexuality.

The books that have drawn the most intense scrutiny, both in Granbury and nationally, are largely young adult novels and memoirs that contain passages with explicit descriptions of sex or rape, especially those featuring LGBTQ themes and characters. Defenders of these books argue that any sexual content is presented in the context of broader narratives that help teens understand and process the world around them.

The fight has been particularly heated in Texas, where Republican state officials, including Gov. Greg Abbott, have gone as far as calling for criminal charges against any school staff member who provides children with access to novels, memoirs and sex ed books that some conservatives have labeled as “pornography.”

Monica didn’t say in her talk show interview whether she had reported her concerns to the school district. But in early January, Granbury’s schools superintendent, Jeremy Glenn, called a meeting with district librarians and shared that he’d started to get complaints about library books.

“Let’s call it what it is, and I’m cutting to the chase on a lot of this,” Glenn told the librarians, according to a secret recording of the meeting obtained by NBC News, ProPublica and The Texas Tribune and first reported in March. “It’s the transgender, LGBTQ and the sex — sexuality — in books. That’s what the governor has said that he will prosecute people for, and that’s what we’re pulling out.”

When asked about his comments, Glenn released a statement in March saying the district was committed to supporting students of all backgrounds. And although he said the district’s primary focus is educating students, Glenn said “the values of our community will always be reflected in our schools.”

In the days after the meeting, district employees pulled more than 130 books off of school library shelves and announced the formation of a volunteer committee to review them.

Monica was one of the first residents appointed. From the start, she felt the process was a sham, she said in her Blue Shark interview. The first two meetings were held at times when she couldn’t attend, she said, and by the time she arrived at the third meeting, the committee had already voted to return most of the books to shelves.

Weston Brown’s social media posts show his disapproval of his mother’s attempts to remove library books she finds offensive. (Alan Nakkash for NBC News)

“That meeting was completely disrupted in the sense that we didn’t vote at all because I kept asking questions,” she said.

In the end, over objections from her and one other member, the volunteer committee voted to ban only three books: “This Book Is Gay,” a coming-out guide for LGBTQ teens by transgender author Juno Dawson that includes detailed descriptions of sex; “Out of Darkness,” by Ashley Hope Pérez, a young adult novel about a romance between a Mexican American girl and a Black boy that includes a rape scene and other mature content; and “We Are the Ants,” by Shaun David Hutchinson, a coming-of-age novel about a gay teenager that includes explicit sexual language.

The district returned dozens of other titles to shelves. Several of the books had no sexual content, the committee found. For the others, a majority of committee members believed that any descriptions of sex were age-appropriate when read in complete context.

Monica was outraged, she said on the Blue Shark Show in early May.

“I think they’re breaking the law,” she said.

That same week, she put that belief to the test. On May 2, she and another disillusioned member of the book committee filed a police report with Hood County Constable Chad Jordan alleging that the district was making pornography available to students, according to a copy of the incident report. Four days later, Hood County constables visited Granbury High School to investigate the claim.

In a letter sent to NBC News on Wednesday and dated Aug. 1, Jordan said his office could not release additional information about the case because the investigation remained active. In a statement issued in May, Glenn, the Granbury superintendent, said the school district was cooperating with law enforcement.

In the months since, Monica has continued to keep the pressure on, speaking at every school board meeting, filing more than a dozen additional book challenges and, in the process, becoming a prominent and polarizing figure in Granbury.

Her activism has been praised by several leading conservative figures in town, including members of the Hood County Republican Party and Melanie Graft, the school board member who selected Monica to serve on the book review committee. Graft, who rose to local prominence in 2015 while leading a conservative campaign to remove LGBTQ-themed picture books from the children’s section at Granbury’s public library, did not respond to messages requesting an interview.

Monica’s fight has also come at a personal cost. In social media posts and public remarks, she’s said the hours spent reviewing library books have required her to sacrifice time with her family and led to a barrage of personal attacks from residents who oppose her efforts.

In May, Adrienne Martin, a Granbury parent and chair of the Hood County Democratic Party, was recording on her phone as she confronted Monica outside a school board meeting.

“You want to have librarians arrested,” Martin said as Monica walked away. “That’s fascism. You’re a fascist.”

At a board meeting last month, Monica tried to explain why she’s fought so hard to remove books from a school district that her kids do not attend. She’s doing it, she said, for all the other children.

“I feel like it’s a raging fire,” she told the board, “and I’ve got a water pistol.”

“I Pray for You”

After Weston’s initial post criticizing his mother, he fired off several more tweets denouncing her efforts in Granbury.

It didn’t take long before the posts had reached his parents. His dad texted him to demand that he apologize to his mother.

“We have not come out against the LGBT Community,” his father wrote, insisting that their efforts at Granbury schools were focused on “pornography” and nothing else. “I know you are hurt by our decisions but we are also hurting and have been ever since you said you were Gay.

“We have not been hateful to you,” his father added.

Weston replied: “All I can say is I pity you and wish you the best.”

Soon, opponents of Monica’s efforts began posting images of her son’s tweets on Granbury community Facebook groups — making a family’s private rift public.

“Call your son and leave ours alone!” a woman wrote in response to one of Monica’s many public posts about obscene library books.

“Your crusade against books won’t bring your son back to you or make him straight,” another Granbury resident wrote. “Go home and look in the mirror, fix your house before you worry about others.”

Monica never publicly addressed her son’s tweets, but in response to a Facebook post about them, she wrote: “You can believe what you want about me. In the meantime, I will carry on doing my best to finish out my life for an audience of One.”

A couple of weeks later, she finally got in touch with her son. Two days after NBC News contacted her to request an interview, she texted him to let him know that she didn’t plan to share “personal family details” with a reporter.

“I did not come out against LGBTQ at all — ever,” she wrote, before adding: “I love you, and I pray for you.”

Weston studied the message, thinking back to all the hours he’d spent pleading with her to accept him for who he is rather than trying to control and change him. It hurt, having the woman who’d given birth to him tell him that his sexual orientation was an abomination.

He didn’t want to revisit that trauma, he said. He just wanted his mom to stop pushing her beliefs on other people’s kids.

Weston re-read her text message one more time. He started to type a reply, then stopped. Instead he closed the message and set his phone aside.

He’d already told his mom everything that needed to be said.

by Mike Hixenbaugh, NBC News

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In the Army, You’re More Likely to Be Detained for Drugs Than Sexual Assault

3 years 3 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

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.

If you or someone you know has been sexually assaulted, you can receive confidential help by calling the Rape, Abuse & Incest National Network’s 24/7 toll-free support line at 800-656-4673 or visiting its website. You can be connected to a hotline staff member in your area or to the Department of Defense’s Safe Helpline.

U.S. Army soldiers accused of sexual assault are less than half as likely to be detained ahead of trial than those accused of offenses like drug use and distribution, disobeying an officer or burglary, according to a first-of-its-kind analysis by ProPublica and The Texas Tribune.

The news organizations obtained data from the Army on nearly 8,400 courts-martial cases over the past decade under the Freedom of Information Act and analyzed a process known as pretrial confinement. The resulting investigation of the nation’s largest military branch revealed a system that treats soldiers unevenly and draws little outside scrutiny.

What is pretrial confinement?

When service members are accused of crimes, their commanders, who aren’t required to be trained lawyers, get to decide whether they are detained before they go to trial.

Here are the main findings from the investigation:

1. Soldiers accused of sexual assault are placed in pretrial confinement at lower rates than those charged with some more minor offenses.

On average, soldiers had to face at least eight counts of sexual offenses before they were placed in pretrial confinement as often as those who were charged with drug or burglary crimes, the news organizations found.

That disparity has grown in the past five years. The rate of pretrial confinement more than doubled in cases involving drug offenses, larceny and disobeying a superior commissioned officer, but it remained roughly the same for sexual assault, according to the analysis.

“Justice that’s arbitrary is not justice,” said Col. Don Christensen, a former chief prosecutor for the Air Force. “It shouldn’t come down to the whims of a particular commander.”

2. Use of pretrial confinement varies from one Army post to another.

As a whole, the Army has used pretrial confinement in about 1 in every 10 cases handled by the branch’s highest trial courts over the last decade, but some posts employ it at a significantly lower rate than others, the news organizations found. For example, at Fort Bliss in El Paso, Texas, defendants were confined ahead of trial 5% of the time in cases involving sexual assaults, while soldiers at another large Texas installation, Fort Hood, were confined almost 12% of the time in the same type of cases.

Pretrial Confinement Is Used Less Frequently in Sexual Assault Cases

The percentage of sexual assault cases that included pretrial confinement was lower than other types of cases at most Army posts. Shown are domestic posts that tried or arraigned at least 20 sexual assault and 20 other types of cases in the past decade.

Note: Numbers include Army general and special courts-martial cases. “Other” cases exclude those with murder charges. Among these 29 posts, the number of cases tried or arraigned varied, ranging from just over 40 to more than 800. The median installation had 66 sexual assault cases and 83 other cases. Source: U.S. Army Court-Martial Information System. (Ren Larson/ProPublica and The Texas Tribune) 3. Across the Army, soldiers charged with drug crimes are confined at an especially high rate.

More than 1 in 6 Army drug cases that went to courts-martial in the past decade involved a defendant who was put in pretrial confinement, twice the rate of sexual offense cases. Aniela Szymanski, a private attorney and U.S. Marine Corps Reserve judge advocate, said commanders often interpret drug use as jeopardizing the morale or safety of the unit, whereas they tend to view sexual assaults as a conflict between two people.

“I think that’s going to take some time for commanders to grow into having the same knee-jerk reaction to sexual assault offenses as they do to drug offenses,” she said.

4. The Army’s justice process is different from the civilian one.

Take the case of Christian Alvarado, an Army private first class at Fort Bliss who admitted in a sworn statement to sexually assaulting a fellow soldier in December 2019.

“She was drunk and so was I,” Alvarado wrote in July 2020. “We had sex, but she passed out.”

On the same day, Alvarado acknowledged that he had sex with another woman while she was intoxicated, which he said was wrong. He would not agree to a sworn statement about the second allegation because he said he believed it would just be “icing on the cake.”

At the end of the interrogation, Alvarado’s commanders didn’t place him in detention or under any restrictions beyond the orders he had already received to stay at least 100 feet away from the two women who had accused him of assault, according to records.

A month later, Alvarado assaulted another woman.

Had Alvarado’s case been handled by civilians and not the military, his written admission could have been enough evidence to quickly issue an arrest warrant and bring a criminal charge, according to two lawyers who previously worked for the El Paso County district attorney’s office.

“I would have felt comfortable charging at that point,” said Penny Hamilton, who led the Rape and Child Abuse Unit at the district attorney’s office and later served as an El Paso County magistrate judge.

In Texas’ civilian system, Alvarado would have then gone before a magistrate judge, who could set a bail amount in the tens of thousands of dollars. He’d only be released if he could pay the bond.

The military justice system has no bail. Many decisions about who should be detained for serious crimes before trial are made not by judges but by commanders, who are not required to be trained lawyers.

The Army eventually charged Alvarado with the three sexual assaults in late October 2020 and ordered him to stay 100 feet away from the third woman to accuse him. Still, he was not detained.

Lt. Col. Allie Scott, a former Fort Bliss spokesperson, said that the conditions to justify placing Alvarado in pretrial confinement were not met after the three assault accusations. She declined to answer additional questions seeking clarification, saying Fort Bliss would not comment on internal deliberations.

In June 2021, a military judge found Alvarado guilty of sexually assaulting two women, strangling one of them and lying to investigators. He was sentenced to 18 years and 3 months in a military prison and a dishonorable discharge. His case is under appeal.

Alvarado told the newsrooms he was innocent but declined to answer specific questions.

5. Despite calls for reforms, commanders still control many parts of the military justice system.

Congress passed reforms last year that stripped commanders of some of their powers related to certain serious crimes. The law created a new office of military attorneys, giving them, and not commanders, the power to prosecute cases such as sexual assault, domestic violence, murder and kidnapping.

But commanders retained prosecutorial control over other offenses. They also still control who is placed in pretrial confinement in all cases, serious and minor.

Army officials defended the system. They said that soldiers accused of violent offenses aren’t necessarily more likely to get pretrial confinement. “The nature of the offense is one factor to consider in a decision to put someone in pretrial confinement, but it is not the sole factor,” said Lt. Col. Brian K. Carr, chief of the operations branch at the Office of the Judge Advocate General’s Criminal Law Division, in an email. Characteristics of individual soldiers and their willingness to follow orders are also important factors, Carr said.

He said that, under military regulations, commanders must first decide whether there’s good reason to believe that a soldier committed a crime and is either likely to flee before trial or engage in serious criminal misconduct. Commanders have to consider if other restrictions, such as directing soldiers to remain in military housing or requiring regular check-ins with superiors, are sufficient to keep them out of trouble. They should also weigh a soldier’s military service record, character, mental condition and any previous misconduct.

Help ProPublica and The Texas Tribune Report on the Military Justice System

by Vianna Davila, Lexi Churchill and Ren Larson, ProPublica and The Texas Tribune, and Kengo Tsutsumi, ProPublica

No Outsiders Need Apply: Why One City Settled for a Police Chief Accused of Harassment

3 years 3 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.

This story was produced in partnership with WBUR. WBUR’s investigations team is uncovering stories of abuse, fraud and wrongdoing across Boston, Massachusetts and New England. Get their latest reports in your inbox.

When the mayor of Revere, a working-class city north of Boston, began looking for a new police chief in 2017, he wanted a leader to clean up what he described as the “toxic culture” within the department.

Mayor Brian Arrigo brought in a consultant to help pick the city’s top cop, who oversees more than 100 officers and civilian employees. The consultant, a former police chief in another Boston suburb, tested four candidates — all internal — for attributes such as decisiveness, initiative, leadership and communication skills. None of the candidates scored high enough to persuade the consultant that they would do the job well.

“No city should settle for a Police Chief who cannot deliver an ‘Excellent’ performance when competing for the Police Chief’s position,” he reported to the mayor.

Nevertheless, Arrigo chose one of those four candidates for a three-year interim chief role and appointed another, then-Lt. David Callahan, as chief in 2020. An investigation by WBUR and ProPublica found Callahan not only fell short on the assessment but was also steeped in the toxic culture the mayor deplored.

In 2017, the same year that Arrigo started searching for a chief, Callahan was accused of bullying and sexually harassing a patrolman and “creating an atmosphere of fear.” In the fallout, the 40-year-old patrolman has been on paid leave for more than a year and is seeking an “injured on duty” retirement status, which would cost the city at least $750,000 before the typical retirement age of 55. Callahan disputes those allegations. He did acknowledge in an interview with WBUR and ProPublica that, before becoming chief, he sent a sexually explicit image to another officer.

“It was a mistake,” he said. “It shouldn’t have happened. And I owned up to it and it’ll never happen again.”

Callahan’s selection from an underwhelming pool of candidates illustrates the predicament of Revere and other municipalities that are constrained by regulations from hiring outsiders for the key position of police chief.

“If you restrict the search process to somebody who is already inside the department, you’re making it a lot more difficult for any sort of substantive change to take place,” said Carl Takei, a senior staff attorney at the ACLU focused on police practices.

In a wide-ranging 90-minute conversation in a conference room at Revere police headquarters, Callahan defended his record. He said that he is revising the department’s policies so it can obtain state accreditation, and that he is trying to make it more diverse and welcoming. “It’s not like the kind of good old boys’ network anymore,” he said.

He added that he’s willing to take unpopular steps when necessary, citing an investigation a decade ago of a Revere colleague in a public corruption case, for which he received a commendation from the FBI. “I’ve gone against the grain, and I’ve taken a lot of heat for it,” he said.

In a separate interview with WBUR, Arrigo said he would give Callahan an “A” for his performance as chief. While some critics say Callahan has applied discipline unevenly, Arrigo said the chief has stood up to the department’s culture as if he were an outsider rather than a veteran of three decades on Revere’s force. Still, the mayor emphasized that his options were limited by a decades-old requirement that the chief of police in Revere be chosen from within the department.

In fact, after Arrigo received the candidates’ assessment scores in 2017, the mayor urged the City Council to amend the hiring rule so he could look outside the Police Department. “The fact of the matter is we are currently constraining ourselves to a limited pool of candidates when selecting someone for one of the most important jobs in the city of Revere,” he told the council. His goal, he said, was to choose from the best candidates anywhere “in the name of public safety.” The council didn’t budge.

Restrictions on hiring police chiefs from outside department ranks are common in Massachusetts. In Waltham, which has an ordinance similar to Revere’s, two chiefs who were promoted internally became embroiled in scandal. More than 60 other Massachusetts municipalities abide by state Civil Service Commission rules for how to appoint a chief. This means that the chief is selected from within the department, based on the highest scores on the civil service exam, unless the city specifically requests a statewide search, which hardly ever happens. According to Massachusetts officials, there have been 32 civil service appointments for police chiefs within the last five years. All have been internal promotions, and none of the municipalities considered outside candidates.

The colonel who heads the Massachusetts State Police also had to be hired from within its ranks until 2020. The legislature dropped the requirement in the wake of a sweeping overtime pay scam in which more than 45 troopers were implicated and at least eight pleaded guilty.

Police departments in at least two other states face similar constraints. New Jersey law prevents most municipalities from looking outside their departments for chiefs, and California authorities linked internal hiring mandates in one city to alleged civil rights abuses by police.

Police unions and local elected officials often support hiring from within. It’s seen as a way to reward veterans of the force for their service and to keep political allies close. Having a chief who grew up in the area and knows the community may also be an advantage.

Revere Mayor Brian Arrigo. He said he would give Callahan an “A” for his performance as chief. (Jesse Costa/WBUR)

Callahan pointed to these homegrown benefits when asked about internal hiring mandates for police chiefs. He said while it depends on what an individual department needs, it can be difficult to bring in someone from the outside.

“There’s a lot of animosity because you’re going to have people in the department that are upset that they weren’t chosen for the position,” he said. “They’re not necessarily going to cooperate with the new person who’s hired, and there’s going to be some friction.”

But with police departments facing demands for reform nationwide, some experts say one way to address problems such as toxic cultures, racial discrimination, poor training or use of excessive force is to bring in an outsider.

Chuck Wexler, executive director of the Police Executive Research Forum, a Washington, D.C.-based think tank, said internal hiring mandates are outdated and can be counterproductive for troubled departments.

“To simply limit your department and say, ‘We’re not going to look at anyone outside,’ I don’t think that’s good management, period,” Wexler said.

For more than four decades, the Revere Police Department has struggled with corruption and ineffective leadership by chiefs hired from within. A Revere lieutenant was promoted to chief in 1980 after attaining the highest score on the civil service exam. He had purchased a stolen copy of the test from an exam theft ring and was sentenced to four years in prison in 1987.

In that era, Revere typically chose the internal candidate for chief of police who scored highest on the state civil service exam. That changed in 2001, when then-Mayor Thomas Ambrosino wanted the freedom to hire someone regardless of exam results and to have more control over the terms and length of the appointment.

“My recollection is that I was anxious to remove the police chief position in Revere from civil service because I didn’t think that was the most effective way of choosing a police chief,” Ambrosino, who is now city manager in Chelsea, said in an interview.

First, he needed the support of the City Council. They reached a compromise. The council agreed to take the chief’s position out of civil service, and the state approved the move. From now on, the chief would be chosen from within the ranks of the Police Department and no civil service exam was required.

Ambrosino recalled that the council wanted to please the police unions by making sure that the chief continued to be hired from inside. Ambrosino said he considered it the cost of getting the deal done. But he now says the ordinance hamstrings the mayor’s ability to choose the best candidate for the job.

“As a chief executive, you want to have maximum flexibility. You would want to have the ability to go outside the department if you felt you didn’t have a really strong qualified candidate within the department,” he said. “So for that reason, it’s, in my opinion, not a great policy.”

More recent mayors have sought the power to choose someone from outside the department, but they couldn’t persuade the City Council. In 2012, under pressure from then-Mayor Dan Rizzo, the chief resigned and stayed on as a captain, according to the Revere Journal. Rizzo said the Police Department lacked leadership and clear direction, and he wanted the option to pick an outside candidate.

None of the four candidates for Revere police chief scored “excellent” or “very good” on an assessment. (Jesse Costa/WBUR)

Two consultants to the city would later express similar concerns. In 2015, the year that Arrigo was elected mayor, the Collins Center consulting group said in a draft report that the department’s culture was “very militaristic” and the “lack of unity between the command staff members is most alarming.” Deploring the “fair amount of distrust” among Revere police at all levels, the consultant concluded the city’s internal hiring requirement for its police chief “limits the ability of the department to get the best candidate for the job.”

The other consultant, Ryan Strategies Group, evaluated Callahan and the other three internal candidates in 2017 for police chief. Headed by a former Arlington, Massachusetts, police chief, it administered a series of exercises and tests over multiple days. Each candidate role-played a counseling session with a disgruntled subordinate, led a mock community meeting and completed a written take-home essay.

No candidate scored in either of the two highest ranges, “excellent” and “very good.” The highest of the four scored a low “good,” and the others were “satisfactory,” according to Ryan group’s report. Callahan was one of the top two scorers, according to a person who requested anonymity to discuss individual results. Callahan said that he didn’t know his score or receive any feedback on his performance. He, like the other three candidates, said that the testing was fair and thorough.

The Ryan group did not review personnel records. Besides Callahan’s issues, the city had settled a sexual harassment complaint in 2008 against 13 defendants, including one of the other candidates, Steven Ford. He did not admit any wrongdoing. Another candidate, James Guido, whom Arrigo named as interim chief in 2017, would be sued in 2019, along with the Revere police department, by a female officer who accused him of unfair discipline and retaliation because of her gender. In a deposition, Guido disputed the allegations. The case is pending.

During a heated 2017 meeting with the council, Arrigo said that both the Collins report and the candidates’ scores on the Ryan group’s assessment showed why the city needed to look outside the department for the next police chief. “We owe it to ourselves, we owe it to our city, to have an expanded pool of candidates,” he said.

Ryan Strategies Group also performed an organizational review of the department at Arrigo’s request. It revealed concerns about morale. It also found the department was shirking best practices by not conducting regular audits of property and evidence, and had failed to report to the Suffolk County District Attorney’s Office that an audit found discrepancies in drugs and guns.

The Ryan group’s report strongly opposed a requirement to hire an internal candidate as chief. “There are times when the culture of a community and/or Department become so politicized or polarized that it is necessary to be able to consider a candidate who is not overly involved with local politics or enmeshed in long standing conflicts,” it said.

The council sent Arrigo’s request to change the ordinance to its public safety committee, where it was never brought to a vote. Revere City Councilor Patrick Keefe, who opposed the mayor’s proposal at the time, said that he’s confident in Callahan’s leadership, but he would be open to expanding the pool of candidates for chief in the future.

“I would probably prefer to have the chief of police be an internal candidate, but if you don’t have the best candidate, sometimes you have to think of other options,” he said.

WBUR reached out to multiple city councilors to ask their opinion on the ordinance. Only Keefe responded.

At Callahan’s swearing-in ceremony in July 2020 on the steps of City Hall, the new chief told a crowd thinned by the pandemic that he would honor the same values he’d practiced for almost 30 years at the department. “Since my first day, I have always treated everyone fairly and with the respect they were due,” he said. “I’m committed to serving the community this way, and I will instill these values in the men and women that will be following my lead in the Revere Police Department in the future.”

His appointment capped a steady rise through the ranks. After joining the department in 1991, the Revere native became a lieutenant in 2003. He served as the commander of the Drug Control Unit and was assigned to the Criminal Investigation Unit. In 2012, the FBI recognized Callahan for his “exceptional assistance” in the bureau’s investigation into a public corruption case involving a Revere police officer. As a lieutenant, he was among the highest paid Revere employees. In 2019, he made $213,500, including $72,700 for working details or overtime. Callahan has a five-year contract as chief, and his current salary is $192,000.

But Callahan’s behavior hasn’t always been exemplary. This past May, Callahan testified at an arbitration hearing in City Hall over his role in the firing of an officer. Under cross-examination by union attorney Patrick Bryant, and again in an interview with WBUR and ProPublica, Callahan admitted that, while he was a lieutenant, he texted a sexually explicit image to a patrolman. The patrolman passed the image, which depicted the Virgin Mary superimposed on a vagina, to others in the department, according to screenshots seen by WBUR and ProPublica. According to notes of the testimony taken by Bryant’s law clerk, Callahan said he was never disciplined for his actions.

The most serious allegation against Callahan emerged in March 2017, when Revere police officer Marc Birritteri filed a formal complaint to then-police Chief Joseph Cafarelli. It outlined “harassment and bullying concerns that I have had with Lt. David Callahan over the past several years,” according to documents obtained by WBUR and ProPublica.

“I feel like I have become a target of Lt. Callahan’s disrespectful torment and jokes that have had a negative impact on my job and personal life,” Birritteri wrote. “I have actually had to seek therapy on more than one occasion which is still ongoing due to this continuing harassment in the work place.”

In his complaint, Birritteri alleged that Callahan repeatedly called him a “rapist” in front of fellow employees, apparently alluding to a sexual assault allegation against him. Birritteri wrote that a three-month investigation determined that he had not committed any wrongdoing, and he was never disciplined.

Callahan also told Birritteri that he needed “to drop a load in another whore so she can take the rest of your paycheck,” according to Birritteri’s complaint. The comment referred to a child custody dispute that Birritteri was going through at the time, the complaint stated.

At least three officers told WBUR they witnessed Callahan’s taunting of Birritteri and described it as relentless, including Revere Police Patrol Officers Association President Joseph Duca and two others who declined to be named for fear of retaliation.

Callahan disputed these allegations. He said no one told him about the complaint for 11 months after it was filed. “I never knew there was a problem,” he said.

A review of Revere police records shows that Birritteri’s complaints were never investigated by internal affairs, and Callahan was not disciplined. Department policy prohibits “harassing conduct” that “creates an intimidating, hostile, or offensive work environment.”

“I have actually had to seek therapy on more than one occasion which is still ongoing due to this continuing harassment in the work place,” Marc Birritteri wrote in a formal complaint about Callahan, then a lieutenant. (Jesse Costa/WBUR)

In a letter sent to Arrigo on April 12, 2017, then-chief Cafarelli informed the mayor that he had been made aware of an “ongoing pattern of psychological abuse directed at Officer Birritteri at the hand of Lieutenant Callahan.” The verbal abuse, Cafarelli wrote, was “occasionally sexual in nature in the presence of other officers.” Describing Callahan as a “domineering supervisor who leads by creating an atmosphere of fear,” Cafarelli recommended that the mayor place Callahan on administrative leave pending a full investigation by an outside body. The recommendation wasn’t followed.

Two months later, Birritteri reported to the department that the bullying was continuing. “I am being further harassed and intimidated by employees and supervisors,” he stated. He was referring to friends of Callahan’s in the department, according to two officers, who declined to be identified for fear of retribution.

That October, the city reached a settlement with Birritteri, acknowledging that he presented “credible complaints of harassment” while on duty. The city paid for his legal fees and insurance co-pays for mental health therapy, and it reinstated 38 sick days.

In 2018, when he was no longer chief, Cafarelli sued the city and the mayor. He alleged that Arrigo failed to restore him to his former position as lieutenant because Cafarelli had advocated for Birritteri and had recommended putting Callahan on leave, according to court documents. Cafarelli said in the lawsuit that Arrigo and Callahan were “very good friends” and that the mayor had already decided to name Callahan as police chief. The city and the mayor responded in court documents that Cafarelli had not given timely notice of his intent to return to his old rank. This past April, a superior court judge dismissed the retaliation claim but allowed a breach of contract claim to go forward. Cafarelli said he now works as a private contractor for the U.S. government.

Arrigo acknowledged that the city substantiated Birritteri’s complaints and said that he had spoken with Callahan about the allegations. Still, the mayor said the harassment did not give him pause when he appointed Callahan as chief.

Birritteri continued to receive counseling, according to his correspondence with the city. In 2021, he and the mayor reached another agreement that would pay him $65,000. The patrolman promised not to disparage the city, the mayor or Police Department. The mayor also agreed to not fight Birritteri’s request with the city Retirement Board for a special type of retirement for officers injured on duty. That claim is pending. If granted, he would likely collect pay of more than $50,000 a year, or almost three-fourths of his highest salary.

Allegations about Birritteri’s own conduct as a police officer have also cost the city. In 2012, he was sued by a man who said he was assaulted at a parade and alleged that Birritteri failed to intervene. The city settled the case for $15,000, according to the city solicitor, and all claims were dismissed. And in a September 2021 lawsuit, a woman alleged that Birritteri violated her civil rights by wrongfully arresting her and unlawfully searching her car. A $36,000 settlement was reached in April, according to the solicitor. Duca, in his capacity as union president, said that Birritteri denies wrongdoing.

Like many internally hired police chiefs, Callahan is a political ally of the mayor’s. Callahan has donated close to $5,000 to Arrigo’s campaigns over the last six years and has knocked on doors on Arrigo’s behalf. He said he was “very active” in supporting Arrigo’s election because he agreed with the mayor’s vision for the city. Both Callahan and Arrigo said that his political support for the mayor had nothing to do with his hiring as chief. Arrigo interviewed the top two candidates, according to people familiar with the process. The mayor said he also sought feedback from other police officers and community members.

As chief, Callahan has feuded vehemently with the patrolman’s union — for example, over his decision to restore a shift schedule that the union criticized for contributing to burnout. Callahan, who has the shift rotations posted on the wall of his spacious office, said the schedule he has implemented is better for public safety. Duca is so dismayed with Callahan that he’s now open to hiring an outsider as chief. Duca said the police force would benefit from looking elsewhere for future chiefs instead of having to “choose from the best of the worst” candidates.

Arrigo said he has seen Callahan “hold the department to a higher standard than prior chiefs.” The mayor cited the firing of a patrolman, Rick Griffin, the son of a retired sergeant. The mayor determined that Griffin, while in his probationary period, was allegedly untruthful when questioned by the police’s internal affairs department, according to court documents. Griffin was asked about an evening in which he argued with his girlfriend and then was in a car accident, according to Griffin and Duca. Griffin denied the allegations and said he was not formally interviewed before he was let go. He filed a complaint in superior court against the Civil Service Commission, the city and the mayor, alleging that his termination was politically motivated, because his family backed an opponent of Arrigo’s, and that he was denied due process. The case against the city and the mayor is pending, while the complaint against the Civil Service Commission is on appeal.

Also fired was another patrolman, Youness Elalam, who had sexual contact with a custodian in a private room at the police station while off duty, according to a state police investigation. Elalam and the custodian told investigators that, while she was uncomfortable with having sex at work, they were in a consensual relationship, documents show. Elalam told WBUR that he was treated harsher than other officers facing discipline because he is Muslim and Moroccan. Elalam’s firing was the subject of the arbitration hearing that Callahan testified at in May.

During that hearing, Callahan said that, as a lieutenant, he had become aware of allegations that another senior officer had sex with a 911 dispatcher throughout the police station and in department vehicles while on duty. Callahan acknowledged at the hearing that he had an obligation to investigate the information he received but didn’t do it thoroughly, according to notes of the testimony. The senior officer, who denied the allegations, wasn’t reprimanded.

“If you’re friendly with the chief and supportive of his interests, you again have your own kind of private internal affairs process,” said Bryant, the union attorney representing Elalam.

Callahan declined to comment on the case, saying it’s still pending. According to Elalam, a tentative settlement was reached last month, in which the city will pay him $25,000 and reinstate him on the force. He will be placed on unpaid administrative leave and will be allowed to resign in good standing, with favorable letters of recommendation from the chief and the mayor.

“It’s a huge win and relief. I fought so hard so I could continue to be a police officer,” he said. “I don’t have to deal with Revere anymore, and I can move on to another chapter of my life doing the job I love.”

Youness Elalam. He says he was disciplined more harshly than other officers because he is Muslim. (Jesse Costa/WBUR)

In 1999, two years before Revere adopted its ordinance requiring police chiefs be hired from within, Waltham instituted a similar policy. Promoted under the new rule, Edward Drew became chief in 2000 after 26 years in the Waltham department. In 2008, Drew paid a $1,000 fine to the State Ethics Commission for interfering with the hiring process to help his daughter gain a position on the force. Drew, who waived his right to contest the commission’s findings, did not respond to emails or phone messages.

While Drew was being criticized for favoritism, Waltham Mayor Jeannette McCarthy tried to broaden the selection process to external candidates. The measure was tabled by the City Council and hasn’t been brought up again. McCarthy, who has been mayor since 2004, did not respond to requests for comment.

After Drew retired from Waltham’s force, he was replaced by Thomas LaCroix, who resigned after being found guilty in 2013 on two counts of assaulting his wife. LaCroix died the following year.

Waltham City Councilor Kathleen McMenimen said she voted in favor of the internal hiring mandate in 1999 after hearing several potential candidates for chief voice their support during a council meeting. McMenimen, still a councilor, said she remains supportive of the ordinance, despite the tarnished chiefs, because she believes internal candidates are the most knowledgeable about the city.

“They understand their rank and file, they understand their superior police officers, they understand the city, its neighborhoods and its population, and its demographics,” she said. “And they understand the laws that they are required to adhere to.”

Scandals involving chiefs hired from within have also cropped up in New Jersey. As a result of a century-old state law and Civil Service Commission rules, most smaller New Jersey municipalities must hire chiefs internally.

In Caldwell, a few miles northwest of Newark, Chief James Bongiorno, who joined the force in 1996, was accused of creating a hostile work environment and violating the civil rights of two female officers.The town settled the cases in 2019 for a total of $240,000. Two years later, the town reached a $375,000 settlement with a former lieutenant who alleged Bongiorno created a hostile work environment. Bongiorno did not acknowledge wrongdoing either time. He remains at the helm of the department.

South of Trenton, in Bordentown, then-police Chief Frank Nucera allegedly assaulted a Black teenager while the young man was handcuffed. Nucera, who then retired after 34 years on the force, was convicted in 2019 of lying to the FBI in connection with the investigation. Federal hate crime charges were dropped after two juries failed to reach a verdict.

Police unions in New Jersey have pushed to keep the internal hiring requirements.

“Many times police unions are in support of not bringing an outsider because even though they’re not the chief, everybody below has this hope that they might be chief,” said Brian Higgins, retired chief of the Bergen County police and a lecturer at the John Jay College of Criminal Justice.

In 2021, the Atlantic City Police Department’s largest union sued the state, which is in charge of staffing decisions for the department, when officials signaled a move to expand the search for chief to external candidates. Union President Jules Schwenger said that a new chief will soon be named. “He is from our department and very qualified for the position,” Schwenger said, adding the lawsuit is “on standby.”

Bakersfield, California, reached a settlement in 2021 with the state’s Department of Justice, which had been investigating alleged civil rights abuses by city police officers. As part of that settlement, and to avoid further litigation with the state DOJ, the city will have a ballot referendum on whether to remove a requirement to select the police chief from within the department. This November, voters will have the final say on how the chief is hired.

Arrigo, Revere’s mayor, is up for reelection next year. He said that he would still like to see the ordinance amended to allow the hiring of an outsider as chief, but he doesn’t expect it to happen soon. “That may be for the next mayor,” he said.

Alex Mierjeski of ProPublica contributed research. Yasmin Amer of WBUR contributed reporting.

by Shannon Dooling and Christine Willmsen, WBUR

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