Monday, January 22, 2024

State spending to prosecute – and defend – gang members on the docket for Georgia General Assembly


Several state agencies are seeking millions more in state funds to handle the growing caseload resulting from the state’s recent crackdown on street gangs.

Republican Attorney General Chris Carr and the directors of the Georgia Bureau of Investigation and Georgia Public Defender Council presented budget requests to state lawmakers on Thursday that include creating a new street gang task force, hiring new street gang data analysts, and hiring more attorneys who specialize in felony organized crime cases.

With the passage of a new state law endorsed by Gov. Brian Kemp and the General Assembly, Carr’s office in July 2022, Georgia created its first statewide gang prosecution unit that has since led to the indictment of more than 100 people and two dozen convictions. The overall number of gang-related cases is more extensive across Georgia, with the GBI data confirming that in 2023 a total of 287 street gang investigations across 93 counties leading to 325 arrests on felony charges.

The Attorney General’s Gang Prosecution Unit based in Atlanta, with regional, satellite prosecutors and investigators in Albany and Augusta is seeking another $807,000 to expand with new units in Macon, Columbus and Savannah. Carr is also backing the GOP governor’s budget recommendation to use $1.6 million to boost AG’s attorney salaries as part of a multi-year recruitment and retention plan. 

It’s all part of a collaborative approach to targeting gangs that often spread violence in their communities, Carr said. 

“Any additional amount will help us and it looks like there’s always going to be a challenge. There is a gap between the public sector and the private sector, but there’s no doubt that it’s helpful,” he said. “What we’ve seen is there are issues and what we want to do is be regional in nature because we know that gangs don’t care where the city lines, where the state lines are from an efficiency standpoint.

 It is becoming increasingly common for people accused of being involved in criminal enterprises like street gangs to be prosecuted under the Georgia Racketeer Influenced & Corrupt Organizations Act,  which is modeled on the federal racketeering law intended to take down mob operations and other racketeering fronts.  Some detractors of the RICO-heavy approach say prosecutors and other law enforcement officials can unfairly ensnare people who are loosely affiliated with individuals connected to the group while still failing to address larger systematic problems.

During last year’s session, Georgia Republicans helped pass a highly-divisive bill that increased the severity of penalties for street gang-related crimes.

A 21% drop in Atlanta homicides in 2023 has been attributed  by the Atlanta Police Department and Mayor Andre Dickens to an increased focus on fighting guns and gangs, according to a recent Atlanta Journal-Constitution article.

Atlanta rapper Young Thug and members of his record label, Young Slime Life, are facing first degree murder and drug trafficking charges in Georgia’s most high-profile street gang RICO case to date. Meanwhile, former President Donald Trump headlined the 19 individuals indicted in August in Fulton County for allegedly participating in a racketeering conspiracy to overturn Georgia’s 2020 presidential election.

Due to handling dozens of gang and racketeering cases over the past year, the state’s public defender’s council is requesting $5.7 million to pay for attorneys with special training in gang and RICO cases.

The additional funding for RICO cases would allow the organization to provide legal representation to people who cannot afford an attorney while also meeting the growing trend of gang-related investigations, according to Omotayo Alli, executive director of the Georgia Public Defender Council.

In the past year, the public defender’s office has handled nearly 70 street gang crime cases, with the number of defendants indicted ranging from six to upwards of 50 under the same overarching charge. Currently, it would cost the public defenders office at least $255,000 to contract enough private attorneys to represent 34 defendants charged in a single RICO case, Alli said.

“It’s been a lot of indictments for gang RICO defendants,” she said at Thursday’s budget committee hearing inside the state Capitol. “We understand that but we have to be able to represent those who have been indicted and arrested.”

The council is also requesting that the upcoming year’s budget have another $937,000 allocated for RICO cases along with another $9.1 million for attorneys salaries as part of the overall agency recruitment and retention programs.

The public defender’s office has been able to increase the starting pay for its attorneys from $45,000 in 2020 to $72,000 this year by consolidating job positions. The budget salary request includes money to boost the starting pay to $83,000 for the upcoming year.

“The attrition rate that we had in the past was quite detrimental, because  we train and we lose them. It’s like wasting money,” Alli said. We’re doing better because you have been considerate of our request.”

The multi-million dollar budget request designated for street gang enforcement caught the attention of Atlanta Democratic Rep. Scott Holcomb on Thursday.

“It would be interesting to see over time if this an aberration or a new trend line on the number of resources that need to be devoted,” he said.

GBI Director Chris Hosey said Thursday that his agency supports the governor requesting nearly $6 million in next year’s budget be used to hire a 14-member GBI gang task force that would be based out of Columbus. The new Columbus gang unit would join other GBI gang units located in Atlanta and Macon to go along with regional gang unit specialists in other pockets of the state.

The increased focus on gangs is also supported by Kemp recommending that the GBI receive a total of  $395,000 over the next year to hire criminal intelligence analysts tasked with supporting a street gang database available to other law enforcement agencies throughout the state. 

“We have consulted on street gang cases more than 50 times with local partners,” Hosey said. “A lot of the cases we work there is another criminal element to it whether it be homicides, drugs, assaults, human trafficking so the importance of working that and addressing it is paramount to us.”

In addition to the tough-on-crime approach, Carr said research will continue on the most challenging task, which is identifying programs that best divert people from joining gangs. 

“How do you stop a young person from joining a gang where at best you end up in jail, at worst you end up dead,” Carr asked. “Who are the communities most often targeted by gangs?  Low income, racially diverse and immigrant populations.”


This article originally appeared in the Georgia Recorder on January 18th, 2024.  


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Civilian boards overseeing police in FL are in jeopardy and could be dissolved

There are 21 such agencies in Florida, with 10 formed after the death of George Floyd in 2020


In 21 jurisdictions across Florida, so-called citizen review boards were created as a way to hold police officers more accountable, with more than half of the boards established following the death of George Floyd in 2020.

But all of the boards would be dissolved if a proposal filed by Duval County House Republican Wyman Duggan (HB 601) gets approval in the current legislative session.

The local boards relate to the ability to investigate allegations of police misconduct, but Duggan says there are no “uniform standards” among the 21 different police oversight agencies across the state.

“There are no uniform standards as to the qualifications or expertise of anybody to be a member,” Duggan told the House Local Administration, Federal Affairs and Special Districts subcommittee on Friday. “There’s no uniform standards on how they choose which cases to investigate. There are no uniform standards by which that investigation is conducted. There are no uniform standards by which they reach their decisions, and there are no uniform standards as to the due process protections afforded to the officer who is subject of the misconduct review.”

And Duggan dismissed claims that removing these oversight agencies will allow law enforcement officers to escape scrutiny or accountability if they are accused of misconduct.

Numerous entities — police departments, sheriff’s offices, state attorneys, the attorney general’s office, the FBI and the Department of Justice — can and do conduct such investigations. 

A recent report by the LeRoy Collins Institute looked at the impact that such oversight review agencies have on Black and white arrest rates in Florida. The report found that cities with such agencies have seen a reduction in total Black arrest rates per 100,000 compared to cities that do not have such agencies. They also found that cities with citizen review boards experience about a 15% reduction in the total Black arrest rates compared to cities not adopting such agencies.

Tennessee passed legislation last year removing the police oversight boards that had existed in Memphis and Nashville, replacing them with review committees that have no power to investigate police misconduct allegations.

At the House committee meetings, several members of the public said that the Legislature would be making a terrible decision if they removed citizen advisory boards.

“Accountability, transparency and having citizens involvement is essential to the trust of the community,” said Susan Khoury, a candidate running for sheriff in Miami-Dade County.

In 2022, a federal jury awarded Khoury $520,000 in damages for physical and mental harm after she claims she was wrongly institutionalized for a psychological examination under the Baker Act, a state law that allows for involuntary emergency mental health services.

Khoury said that there was no civilian oversight group in Miami when the incident happened, and she said she wished there had been. “I’m letting you know that it is important as a committee that you don’t overreach, and allow the communities have a say so.”

Ursula Price is the executive director of the Miami-Dade County Independent Civilian Panel. She moved to South Florida last year to take that position after heading the New Orleans Independent Police Monitor’s Office. She said that the committee needed to understand the limitations of what civilian review boards can actually do.

“There is no way for any oversight agency to reinvestigate some officer to discipline him, to do anything but open up a public discussion about the incident that occurred,” she said, adding that there was nothing punitive about the police oversight process.

“In fact, it benefits officers a great deal,” Price added. “Officers come to me to be whistleblowers to talk about issues of race and gender discrimination inside the police department and to offer suggestions for how to improve policing.”

The bill is strongly supported by law enforcement in Florida.

“The fact that everybody’s thinking that law enforcement officers are not being investigated? That’s incorrect,” said Lisa Henning, a lobbyist with the Florida Fraternal Order of Police. “Every single one of these IA [internal affairs] investigations when closed are available to the public with a public records request.”

The committee approved the proposal mostly along party lines, with one exception: South Florida Democratic Rep. Mike Gottlieb, a criminal defense attorney, joined the Republicans in supporting the bill.

The Senate companion bill (SB 576)  is being sponsored by Hernando County Republican Blaise Ingoglia. It will receive its first hearing in the Senate Criminal Justice Committee on Monday.

This article originally appeared in Florida Phoenix on January 19th 2024.  


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'Wrong Side of History': NYC Mayor Adams Vetoes Solitary Confinement Ban

"With this veto, the mayor has condemned New Yorkers to suffer in solitary confinement and isolation, and he did so after the cameras were turned off and backs were turned," the bill's sponsor said.

New York City Mayor Eric Adams vetoed a New York City Council bill on Friday that would have banned the practice of solitary confinement in city jails.

Also on Friday, Adams vetoed another bill that would have increased transparency and oversight of the New York Police Department (NYPD). However, both bills passed the council with more votes than is required to override a veto.

"To recap: Police transparency is good. Solitary confinement is bad. And Mayor Adams is committed to manufacturing controversy where there is none," Brooklyn Borough President Antonio Reynoso wrote on social media in response to the news. "The Mayor shouldn't be spending time sowing dissent on veto-proof bills that will pass regardless of his actions today."

"Solitary confinement is torture. It often results in lasting psychological damage, and undermines public safety both inside and outside New York City's jails."

Solitary confinement is an increasingly controversial practice that has been recognized as torture by the United Nations and human rights groups if it lasts for more than 15 days in a row, according to the New York Civil Liberties Union. Its use at New York's Rikers Island has been linked to at least two recent deaths: Layleen Polanco Xtravaganza, who died after having a seizure while in solitary in 2019 and Kalief Browder, who took his own life after being placed in solitary confinement for two years.

"Solitary confinement is inhumane, and its presence in our city is indefensible," Public Advocate Jumaane Williams, who sponsored the legislation, said ahead of its passage last month. "Committing an infraction in jail can cause you to lose privileges, not basic human rights. People in solitary are isolated, denied human contact and connection, denied support, and come out of these deplorable conditions worse than when they went in—and some don't come out at all."

The bill, 549A, would have required that everyone in jail in New York City be allowed to gather with other inmates for at least 14 hours every day, except during emergency lock-ins or to deescalate conflict, ABC News reported. In those cases, inmates could only be confined for up to four hours.

Adams announced the veto by press release, and not during an earlier press conference when he announced his veto of the police transparency measure, as New York Magazine reported.

"Our administration does not support solitary confinement in our jails, and New York City has not used the practice for years. In fact, we have achieved significant reductions in key indicators of violence in our correction system without solitary confinement," Adams said in a statement. "But despite the misleading nickname, had [the bill] taken effect, the Department of Correction would no longer be able to protect people in custody, or the union workers charged with their safety, from violent individuals. I implore the City Council to work with our administration and follow the federal monitor's guidance to abandon this misguided bill."

Williams criticized the mayor's decision.

"With this veto, the mayor has condemned New Yorkers to suffer in solitary confinement and isolation, and he did so after the cameras were turned off and backs were turned. It's cowardly, weak, shameful, and entirely expected from this version of this mayor," Williams said in a statement.

"I don't think there's a single person in the city outside the mayor's office who thinks the status quo on Rikers right now is good and effective," Williams continued. "The ongoing use of solitary confinement and isolation in New York City—no matter what the administration calls it—is indefensible, and vetoing the ban is inexcusable."

Other city council members and rights groups spoke out against the mayor's action.

Speaker Adrienne Adams and Criminal Justice Chair Sandy Nurse promised to "take the steps to enact this law over the Mayor's veto." The measure passed 39-7, and an override requires 34 votes.

"The Council passed Intro. 549-A to ban solitary confinement with more than a veto-proof majority because it is imperative to make the city's jails safer for those who are detained and staff alike," Adams and Nurse said. "We cannot allow the human rights and safety crisis on Rikers to continue by maintaining the status quo of failed policies and practices."

The #HALTsolitary Campaign thanked Adams and Nurse for promising to override the mayor's veto.

"He's on the wrong side of history, human rights, and public safety," the group, which is led by impacted New Yorkers, posted on social media.

The NYCL also encouraged the city council to pass the legislation.

"Solitary confinement is torture," the group wrote on social media. "It often results in lasting psychological damage, and undermines public safety both inside and outside New York City's jails."

Council members and rights groups also criticized Adams' veto of the NYPD transparency measure—5862A or the "How Many Stops Act,"—which passed by a 35-9 margin.

"The Mayor's veto betrays his stated goal of public safety and harms the Black and Latino communities that bear the brunt of these stops."

This bill would have mandated that New York police officers report on civilian stops and searchers and give more detailed information about vehicle stops and searchers, ABC News explained.

In justifying his veto, Adams said that while the legislation "has good intentions behind it, the bill is misguided and compromises our public safety."

"Our administration supports efforts to make law enforcement more transparent, more just, and more accountable, but this bill will handcuff our police by drowning officers in unnecessary paperwork that will saddle taxpayers with tens of millions of dollars in additional NYPD overtime each year, while simultaneously taking officers away from policing our streets and engaging with the community," he said.

In response, Council Speaker Adams said the council was "prepared to override this veto," issuing a joint statement with Public Safety Chair Yusef Salaam.

"The false narrative that we cannot have transparency is bad for our city, and belies the fact that accountability is vital to improving public safety by increasing trust," Adams and Salaam said. "The Mayor's veto betrays his stated goal of public safety and harms the Black and Latino communities that bear the brunt of these stops."

The NYCLU wrote on social media: "The mayor's veto leaves another stain on an administration that has been winding back checks on hyper-aggressive, biased, and unaccountable policing. We are confident the city council will heed the call of impacted New Yorkers and advocates and override the Mayor's veto."

This article originally appeared in Common Dreams on January 20th 2024.  

Read the post below related to criminal justice

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BROOKS BLACKBOARD

 


Friday, January 19, 2024

How Patrice Lumumba’s assassination drove student activism, shaping the Congo’s future!

During a recent visit to the Democratic Republic of Congo (DRC), King Philippe of Belgium made a speech to the national parliament in Kinshasa expressing his “deepest regrets” for the exploitation and oppression of Belgian colonialism.

The European nation ruled the Democratic Republic of Congo from 1908 until 1960. Before that it had been a personal colony of Leopold II, Philippe’s great great grand uncle, for more than 25 years.

Philippe also addressed students at the University of Lubumbashi, in the capital of the Southeastern province of Katanga. “Today, let’s look towards the future,” he urged. Philippe declined to expand on his regrets, and only mentioned the colonial past, “our shared history,” in veiled terms.

His exhortation to dissipate colonial memories is particularly problematic in Lubumbashi. It is only a few kilometers away from where Patrice Lumumba, the Congo’s first Prime Minister, was assassinated. This happened in the presence of the Katangese secessionist leader Moïse Tshombe and his Belgian advisers on January 17, 1961.

Lumumba’s tooth, which had been kept by the Belgian policeman who destroyed his body, will finally be repatriated to the DRC – a gesture his family have been requesting for a long time.

Belgian researcher Ludo De Witte has described Lumumba’s murder as the most important assassination of the 20th Century. A charismatic leader, Lumumba embodied the struggle for pan-Africanism and Congolese unity. He unequivocally denounced Europe’s racist oppression of Africa. His vision of decolonisation, as a process of total liberation, marked millions of people in the Congo and around the world.

While Belgium has partly acknowledged its responsibility for the murder, no protagonists have been brought to justice. A parliamentary commission found that King Baudouin, the monarch at Congo’s decolonisation, was aware of plans to assassinate Lumumba. However, Baudouin’s complicity remains to be officially recognised.

The commission “tried in a way to limit the damages with its conclusions” and shied away from linking Belgium directly to the assassination. That was because “the diplomatic, ideological and financial consequences would be extremely great.”

This might be why King Philippe is focusing on moving forward. His speech in Lubumbashi positioned Congolese students as a future-oriented group with whom Belgium could forge a new partnership.

But there’s a crucial element missing from this logic: the specific role historically played by university students in further entrenching decolonisation in the Congo. This appeared most strongly during the 1960s.

In a forthcoming book on the history of this movement, as well as in previous publications, I argue that Lumumba’s death triggered students towards the political left. It created a generation of intransigent activists. These students pushed for total liberation from exploitation and oppression, as Lumumba had envisioned.

Many students today still feel committed to this tradition, and might not easily accept the clean slate envisioned in the monarch’s call to turn away from the past.

Shifts in the student movement

Congolese only began accessing universities a few years before the end of the Belgian regime. This was much later than in other colonial territories in Africa. This was a deliberate move by colonial officials, afraid that educated Congolese would challenge the status quo.

But as the anticolonial struggle was taking off, the Belgians revised their judgement and authorised the opening of two universities. They hoped that having been given access to the last echelon of European education, educated Congolese would support the maintaining of strong ties between Belgium and the Congo.

In the late 1950s, some students adopted the moderate tone that the Belgians had wished for. Several leading student figures from this period, whom I interviewed for my book, told me how they had criticised the politicians as demagogues unfit to rule the Congo. They argued that only a properly trained elite like themselves, and not uneducated politicans, could lead the country towards development and prosperity.

But, in the aftermath of Lumumba’s assassination in 1961, the student movement shifted. Its orientation became a vocal voice in defence of a fully independent Congo and for a more radical break with the colonial era. Students became increasingly critical of their Belgian professors and began identifying with revolutionary figures from Africa, Asia and Latin America.

The murder opened the eyes of many to the violence of neocolonialism. Lumumba immediately became viewed as both a martyr and hero by people around the world. This strongly impressed students and they felt like it was their role to continue the work he had started.

The student movement of the 1960s adopted Lumumba’s commitment to pan-African unity. It built on his conviction that independence involved more than a political transition. It had to be a revolutionary process that abolished economic exploitation and ensured mental liberation from colonial worldviews.

Student demands

Students denounced the continuous power of Belgian administrators and faculty at Congolese universities. They demanded the Africanisation of curricula and the democratisation of governing boards.

Their activism transformed higher education. It paved the way ultimately to the nationalisation of universities. But it also reverberated beyond university campuses, challenging the political elite’s refusal to continue the unfinished decolonisation of Congolese society and economy.

After General Mobutu Sese Seko staged a coup in 1965, he attempted to co-opt students and change their ideas about radical independence.

However, Mobutu’s uneven adherence to the ideal of Congolese nationalism alienated the students. By the end of the 1960s university students continued to oppose Mobutu’s increasingly dictatorial power. This was despite the fact that the regime suppressed critical voices.

Their protests were violently repressed and did not succeed in immediately challenging the president. Yet, they planted seeds that grew over the years and led to the powerful movement for democratisation of the 1990s. I believe that this significantly weakened Mobutu’s power and contributed to his ultimate downfall in 1997.

In June 1970, when King Baudouin went on the first Belgian royal visit of Congo since independence, he stopped, together with President Mobutu, at Lovanium University in Kinshasa. In an interview with students from that time, they told me how they sprayed the royal delegation with water. It was an expression of their opposition to the regime and unfinished decolonisation of their university.

King Philippe didn’t experience an incident like this. Yet, it doesn’t mean that students aren’t looking critically at the relationship between Belgium and Congo. Students rose up in 2015 against then President Joseph Kabila’s attempt to change the constitution. Recently, they have protested against the ongoing war and massacres of civilians in Eastern Congo.The Conversation

Pedro Monaville, Professor, New York University Abu Dhabi

This article originally appeared in The Conversation on June 19th, 2022  


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Baltimore’s New Nonprofit Outlet Looks a Lot Like the Same Old Corporate News

The Baltimore Banner, an online news outlet, broke a story in November (11/2/23) about a man’s death being ruled a homicide due to “trauma to the body.” The man, Paul Bertonazzi, had been transported by Baltimore Police to Johns Hopkins psychiatric hospital, where he died five days later. The death occurred in January 2023, but the ruling had just been determined.

The original version of the story was short on details, with information vaguely sourced to “Baltimore Police.” It described the man (initially unidentified) as “combative” and self-harming. A second article (11/3/23) on the evolving story was published the next day with more information, including that the man’s spine had been severed at some point. That article includes quotes from a police report.

Baltimore Banner: Man’s death at Johns Hopkins Hospital ruled a homicide, Baltimore detectives investigating

Baltimore Banner (11/2/23)

Despite limited information, the Banner’s articles prematurely exonerate the police in Bertonazzi’s death, taking the police’s own account of his behavior and the officers’ actions at face value while focusing blame on the hospital.

It is perhaps not surprising that Baltimore media published a police-friendly story relying on partial and questionable information, sourced to the police themselves. As I previously wrote about for FAIR (9/22/23), the Baltimore Sun and other news outlets played a major role in perpetuating false stories about what happened to Freddie Gray by uncritically repeating Baltimore Police claims.

Yet unlike the Baltimore Sun, the Baltimore Banner is not a corporate news outlet. It is a nonprofit news outlet that was introduced in 2022 as a promised corrective to the Sun’s habits of reporting. Since its founding, the Banner has stirred up controversy on social media for actions, statements and stories that seemingly perpetuate the worst habits of its corporate news competitor, including “police say” journalism.

In the Bertonazzi case, despite a lack of evidence, the Banner repeatedly concluded that he must have been killed by violence while a patient at the hospital. The second story ended with some background on “serious events” happening in Maryland hospitals. A followup story (11/9/23) was even more emphatic: “Violence at Maryland Hospitals Was a Concern Before a Death at Hopkins Was Ruled a Homicide,” the headline stated.

At the same time, the Banner gave space for the police to seemingly implicate Bertonazzi himself and/or his pre-existing injury in his death. The second article (11/3/23) cited a police report claiming Bertonazzi “said his neck hurt,” and was “hitting his head against the inside of the van” while in the midst of a “behavioral crisis” during his arrest.

Red flags from Freddie Gray case

Baltimore Banner: Video shows man who died at Johns Hopkins Hospital moving, talking before arrival at facility

Baltimore Banner (11/3/23)

For long-time observers of the Baltimore Police Department (BPD), these claims struck a familiar chord: Police said the exact same things about Freddie Gray, who was fatally injured in BPD police custody in 2015, including that he was banging his head in the van (Washington Post4/29/15). This turned out to be a false story, part of an effort to cover up brutal deadly force (and not the first time BPD has used that story). The Banner articles are filled with red flags that echo back to the Gray case, including that Bertonazzi was transported to the hospital in a police van instead of an ambulance, despite reports of serious medical and psychiatric symptoms.

Any number of things could have happened to cause Bertonazzi’s fatal injury, involving any number of parties and/or his preexisting condition. The details offered by the Banner belie its rhetorical effort to shift attention away from the police and onto the hospital. According to “medical staff,” he became immediately immobile upon entry, when he was transferred from the wheelchair to a board.

The Banner (11/3/23) released partial body camera footage showing Bertonazzi crying “help” and “you’re hurting me” before he was wheeled into the hospital, while police unsuccessfully commanded him to stand up. The news outlet describes the video as showing him “moving, talking” to explain why BPD exonerated the officers, as if that alone proves that his spine wasn’t damaged yet (another echo to the Gray case, in which police dismissed video of him crying out  in pain during his arrest).

A nonprofit business model 

The Baltimore Banner provides a case study in whether a shift to a nonprofit business model in newsrooms is enough to transform journalism. The news outlet was launched in 2022 in the midst of intensive public support for an alternative to the Baltimore Sun, which had been the only big game in town for decades.

In 2021, an investment firm, Alden Capital Group, was poised to purchase the Baltimore Sun’s owner, Tribune Publishing. A Vanity Fair article (4/5/21) about the takeover referred to Alden Capital as a “blood-sucking hedge fund.” A group called “Save Our Sun,” made up of Sun staffers and prominent locals, was hoping to beat Alden’s offer and transform the Sun into a nonprofit newspaper.

Another party interested in buying the Sun was Stewart Bainum, Jr., the CEO of Choice Hotels, the nursing home chain Manor Home Inc. and other corporations he inherited from his father. Bainum has also served as a Democrat in the Maryland General Assembly. He was framed as the possible “savior” of Baltimore media (Washington Post2/17/2110/26/21New York Times2/17/21) and won the support of the “Save Our Sun” team.

After losing his bid to Alden Capital, Bainum launched the Baltimore Banner as a separate nonprofit news outlet (known as the Venetoulis Institute for Local Journalism, its parent organization, on tax documents). Bainum pledged $50 million over three and a half years. The Banner’s nonprofit status bought it an enormous amount of good will, with glowing articles months in advance of its launch.

The Baltimore Banner website launched in June 2022. In many ways, it was hard to distinguish from its corporate competitor. For one, most of its articles were behind a paywall. (Both the Banner and Sun charge about $20/month after an introductory period.) Many other nonprofit news outlets with similar multi-million budgets, like the Texas Tribune or ProPublica, offer their content for free.

In developing its business model, the Banner consulted with the Lenfest Institute, a nonprofit organization that runs the Philadelphia Inquirer, which does charge for subscriptions (Washington Post10/26/21). The Inquirer was often described as a model for the Banner. Yet, unlike the Banner, the Inquirer is a for-profit limited liability corporation owned by a nonprofit. There are very few nonprofit news outlets comparable to the Banner that make readers pay for news.

Ties to the corporate world

Baltimore Banner: About Us graphic

The Baltimore Banner‘s “About Us” page promises “to be an indispensable resource that strengthens, unites and inspires our Baltimore community…through trustworthy, quality journalism that tells the varied stories of our people.”

One issue might be the lack of nonprofit leadership experience at the Banner. The news outlet didn’t have a board of directors until about six months after it launched. With two exceptions (including Bainum’s wife, an actor), the Banner’s executive team and board of directors are composed of people from the corporate world, including corporate media.

So are most of its reporters. The Banner’s first prominent hires came from the Baltimore Sun, including its managing editors and numerous reporters. Although the Banner’s newsroom is more diverse than at the Sun, with an editorial staff that is about 27% people of color, the city has a roughly 70% non-white population. Meanwhile, the crime, politics and “enterprise” (investigations) desks are still overwhelmingly staffed with white reporters. (This data doesn’t include the “Banner Bot,” an AI function that pens a regular column on real estate and has no race.)

While the Banner’s subscription prices caused some online stir, the outlet also drew attention for its relationships with local corporations. The Baltimore Brew (6/9/23) reported that the Banner was getting a discount on rent from a major real estate development company.

The Banner also ran ads from Atlas Restaurant Group, a mammoth company owned by Alexander Smith, whose family owns the conservative Sinclair Broadcasting Group. Atlas has faced controversy for policies that restrict service based on racist and arbitrarily enforced dress codes. Atlas also catered the Banner’s launch event, and the Banner has continued to hold events at Atlas Restaurants, while giving the company significant uncritical press (e.g., 7/11/2310/2/2310/18/23).

The early marketing for the Banner emphasized its mission “to be an indispensable resource that strengthens, unites and inspires our Baltimore community.” Despite millions from Bainum, discounted rent and an income stream from ads, the community has had to pay for access.

Nonprofit news outlets can operate legally in a number of different ways, but the Baltimore Banner‘s chosen business model cost it much of its nonprofit sheen.

Controversial hires

Within its first few months as a news outlet, the Baltimore Banner also made a number of editorial choices that alienated local readers who were hopeful for a real alternative to corporate news.

When editor-in-chief Kimi Yoshino (who previously worked for the Los Angeles Times) proudly announced the hiring of former Baltimore Sun and ProPublica reporter Alec MacGillis as editor-at-large (Twitter6/1/22), she faced immediate backlash. Many people reminded her that MacGillis had spent the previous two years minimizing the Covid pandemic and mocking Covid precautions. He was an extremist voice on the topic, comparing school closures to both South Africa’s apartheid and the Iraq War.

Tweet from Alec MacGillis comparing Covid prevention measures to the Iraq War.

Twitter (12/24/20)

Locals also reminded Yoshino that MacGillis had been, up until his hiring, retweeting prominent anti-trans activists who expressed concern about gender nonconformity. Yoshino didn’t respond to the criticism, and MacGillis was brought on board.

Baltimore Banner: Your political flags shouldn’t fly at our government buildings

Baltimore Banner (9/20/22)

Then, in September 2022, the Banner published an op-ed (9/20/22) from a man named Brian Griffiths, a “conservative activist,” according to his bio. He argued that government buildings shouldn’t fly pride flags: “You may see the transgender pride flag as a symbol of tolerance and acceptance,” he wrote. “I see it as a flag that denies the basic facts of biology and sex assigned at birth.” There was enormous outcry, with many people promising to cancel their subscriptions. Even several Banner reporters spoke out against the op-ed.

Yoshino published a written response (9/22/22), an “apology from the editor.” After expressing regret for causing harm, she defended her choices. She described Griffiths’ piece as “carefully edited” and reviewed by LGBTQ staffers. She insisted the Banner had a responsibility to share a “range of viewpoints.” Griffiths, she acknowledged, was hired to write a column from a conservative perspective.

At the time, the Banner had published only 14 of what it called “community voices,” and Griffiths had written four of those. None of the other op-ed writers had been published twice. He was the Banner’s first columnist, it seemed.

Yoshino’s response to the Griffiths outcry was her second public apology of sorts. She had apologized earlier in the year when the Banner published an op-ed (6/1/22), which is still online, that casually used the phrase “Jewtown” to describe a predominantly Jewish neighborhood.

After the Griffiths debacle, Yoshino announced the hiring of a public editor, DeWayne Wickham, a former opinion writer for USA Today and founding member of the National Association of Black Journalists, who wrote a regular column for the Banner over the next year. His columns occasionally commented on the Banner’s work, but mostly covered the media in general. At one point, Wickham (12/31/22) did come down on the Banner for a claim he felt wasn’t substantiated. That criticism was tucked into a mostly positive review of the outlet’s work to date. His next article (1/2/23) was an apology for criticizing his colleagues. (Wickham left the Banner in August 2023 and hasn’t been replaced.)

More recently, the Banner has seemed to temper its approach, no longer publishing Griffiths, for one. It hasn’t entirely backed away from inflammatory content, though. On November 17, 2023, its Twitter account posted a tweet that seemed to encapsulate the tension between its pursuit of a “range of viewpoints” and its civic-minded, nonprofit branding:

Baltimore Banner tweet promoting anti-vaccination letter

Twitter (11/17/23)

The Banner offered free access to this “health story,” which was a letter justifying opposition to vaccination. (The tweet has since been deleted, but the letter is still online.)

Accountability issues

Baltimore Banner: Filming halted for Baltimore TV series ‘Lady in the Lake’ after violence threatened against the cast, crew, police say

Baltimore Banner (8/27/22)

In its “Code of Conduct,” the Banner promises, “When we make a mistake, we are humble, admit our error and correct it,” and “if we ever stray from [our promises], readers should call us out and demand that we make amends.” Accountability and transparency remain ongoing issues for the outlet, as illustrated by the Banner‘s failure to “make amends” when it published a story that turned out to be unsubstantiated.

In August 2022, the Banner (8/27/22) reported that a Hollywood television production was shut down in Baltimore because drug dealers “threatened to shoot someone” and “attempted to extort $50,000 from the crew to stand down.” According to the Banner, “producers declined to pay.” The only source for the article was a Baltimore Police spokesperson.

The story was picked up by national news and entertainment press (e.g., Deadline8/28/22LA Times8/28/22). It fostered the common perception that Baltimore is overrun by criminality and an unsafe place to mount a production.

Tweets by Justin Fenton on Baltimore Banner movie set threat story

Twitter (8/28/22)

When Baltimore locals expressed doubts about the story on Twitter, one of its reporters, Justin Fenton, insisted that it was true. “It did happen,” he said to a skeptical commentator.

A few days later, the Banner (8/30/22) reported that it probably didn’t happen: “Police Scale Back Accusations Related to Alleged Threat on Set of ‘Lady in the Lake,’” the headline stated. Police had investigated the initial claim and it didn’t hold up. The chief BPD spokesperson described the first article as “preliminary information.”

The Banner published this second story as if it were passively updating the original story, with no mea culpa for its role in running with the initial account prematurely.  Fenton quietly deleted his tweets that had asserted that the incident “did happen.”

Issues with accountability and transparency are present in Fenton’s more recent articles on Bertonazzi, the man who died in Johns Hopkins Hospital. Certain claims are attributed to unidentified “police,” even though the Banner’s Code of Ethics insists that anonymous sources will be avoided:

When using information from an anonymous source, we include a reason why the source needs their name withheld…. Always, but especially in stories about politics or government, we examine requests for anonymity for possible ulterior motives.

The Code of Ethics also calls for transparency and specificity around corrections, but both Bertonazzi stories were updated many times without the specific updates noted, an ethical practice in journalism that shows readers how a story develops. What’s lost to the public is how the news outlet shaped its stories over time to support the police’s claims.

The Banner does deserve credit for some critical work that would likely not have appeared in the Baltimore Sun, including a series on healthcare in Maryland prisons and coverage for Baltimore’s large and growing immigrant population. But it hasn’t let go of the corporate media habit of publishing stories on policing sourced largely or exclusively by police (e.g., 11/7/23). It’s a particularly corrosive habit when the police are killers or suspects.

Competing for dollars 

Baltimore Banner: At the one-year mark, The Banner is finding its voice in Baltimore

Baltimore Banner (6/16/23)

On April 21, 2022, Former President Barack Obama mentioned the “encouraging trend” of nonprofit newsrooms popping up across the country, citing Baltimore in a list of cities. By itself, “nonprofit” is a neutral term, a business model. There are countless nonprofits dedicated to ending the rights of women to have abortions. Religious groups like Scientology are 501(c)3 nonprofits known to commit harm.

The Banner’s own former public editor (6/16/23) acknowledged that the news outlet had a long way to go to look different from corporate news: “At other times it looked a lot like the city’s traditional news organizations—which is to say it hasn’t always looked like something new and different in its first year,” Wickham wrote in a year-in-review:

Of course, that’s to be expected. Most of its reporters and editors came from—and honed their journalism in—the old-school newsrooms that the Banner is trying not to duplicate.

In an article in the Conversation (1/17/19), Bill Birnbauer writes about the “huge disparity” between large and successful nonprofit news outlets, established by “wealthy individual donors” providing “venture-like capital,” and smaller outlets which comprise the vast majority of nonprofit newsrooms and rely on fickle private funding.

There is a downside to an institution like the Baltimore Banner operating as a nonprofit, especially when its approach to the news has been so variable. There is only so much private charitable money available in the city.

The Baltimore Brew, a small news outlet, has long been on top of financial corruption in the city, breaking the story (7/16/20) that led to former State’s Attorney Marilyn Mosby’s recent federal conviction. The Baltimore Beat is Black-led and publishes a regular column on injustice in the courts. The Beat also publishes a monthly free print version, which is beneficial in a city that has many residents without internet access.

These and other independent Baltimore outlets will compete for funding with a nonprofit news site that is supported by a very wealthy businessman, has a revenue-driven business model, and was marketed aggressively as the savior of Baltimore media.

This article originally appeared in FAIR.org on December 21st, 2023.  


See Related Posts

The Baltimore Sun’s Reckoning on Freddie Gray, FAIR

New Right-Wing Owner to Baltimore Sun Reporters: 'Go Make Me Some Money, Common Dreams


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