I keep reading this post, trying to understand what is happening and how it has been happening in the United States. It seems Indiana (like other states?) has a “Drug Court” that operates by its own rules, including some rules that are entirely made up.
Destiny Hoffman furnished a diluted drug screen and was sanctioned with a 48-hour stay in the Clark County Jail. She wasn’t freed for another five months.
Jason O’Connor was given a 30-day drug court sanction on June 20 of last year, but he lingered behind bars in Jeffersonville until Jan. 24 – more than 180 days longer.
Nathan S. Clifford also was detained months longer than he should have been.
They’re not the only ones.
“I would anticipate we’re going to find more of these,” said Nathan Masingo, a public defender who represented Hoffman until she pleaded guilty to a Class D felony possession of a controlled substance charge last year and was diverted to drug court. As is customary after someone enters drug court, Masingo then withdrew from the case. He knew nothing of Hoffman’s protracted detention.
“I don’t believe you can waive your right to due process” in instances resulting in loss of liberty, Masingo said. “It appears the court believes (drug court defendants’) due-process rights have been waived and they can go forward and incarcerate people without an attorney present and without due process.”
Hoffman, O’Connor, Clifford and others claim their rights were violated when they were jailed for drug court violations without a hearing and/or without representation of a lawyer. The three were released in late January when a deputy prosecutor reviewing files discovered they had been in jail for months, then rushed to the courthouse to petition for their release.
“Drug Court” seems to be like “Family Court” a separate entity from the main judicial system. Whatever the rationale for it, it has plainly become a seething hotbed of illegal authoritarianism. And it is not just one or two mistakes.
Louisville attorney Michael Augustus is representing Hoffman, O’Connor and Clifford, as well as Amy Bennett, Josh Foley and Ashleigh Hendricks Santiago, three more drug court participants who he said intend to sue over alleged civil-rights abuses out of Jacobi’s drug court. Augustus expects additional plaintiffs.
“The common thread is that they were incarcerated without the full hearing and due-process rights afforded to them,” Augustus said.
“I’d like to say I’m shocked,” he said, “but I wasn’t. It was so pervasive and happened with so many individuals that it couldn’t be an isolated error or someone falling through the cracks. … It just appears to me there wasn’t consideration of these people’s rights.”
Now that this has been exposed, we all know that evil was going on. But what about before we knew about it? If I had speculated that this kind of thing was happening, the President would have told me to stop thinking that tyranny is lurking around the corner.
But it was lurking in Indiana. Where else does it hide now?