DA's Program for Young Drug Dealers Succeeds with 10% Recidivism

When Seth Williams, the first Afro-American to serve as Philadelphia District Attorney (and the first-ever statewide), was campaigning for office, he promised the black community he would devote special attention to the needs of troubled youth. 

As a down payment on that promise, last February he launched The Choice Is Yours  
(TCY), a diversionary program for young offenders, aged 18-29, who have been arrested for distribution of two to ten grams of cocaine. The offense typically carries a one to two year sentence.

The program is still young: only 57 participants have enrolled in the program so far. But, with less than a 10% recidivism rate, the results are 7 times better than the state’s recidivism rate of 71%.

With 1.53 million people in the United States arrested for nonviolent drug offenses in 2011, the Philadelphia district attorney’s office felt that the most effective use of their resources was to design a problem that would reduce recidivism for drug offenders.

Careful consideration was given to which age demographic would benefit the most from such a program. 

Assistant District Attorney Jacqueline McCauley, who was the first to represent the District Attorney’s office in court for the program, said, “We originally decided on an age range of 18-26 years old, which was later expanded to 29, because we felt this age group had the most chance of turning around their life.

"Cocaine was picked because it is the most common drug being sold by the targeted demographic and it also has the least severe mandatory sentence," said Assistant District Attorney Derek Riker, who is chief of the Diversions Court Unit of the Philadelphia District Attorney’s office. 

In an interview, Philadelphia District Attorney Seth Williams explained he created the program because of his belief in taking a “holistic and “smart on crime” approach to fighting crime. He is adapting in Philadelphia the “best practices” in the national law enforcement arena. Williams is differentiating himself from his predecessor, long time Philadelphia District Attorney Lynne Abraham, by focusing his office's efforts on public safety not prosecutions.

“Since the 1950’s we have locked up 7 times the amount of people, but we are not 7 times safe,” he noted.

The pilot program, funded primarily by a $1 million grant from the Philadelphia-based Lenfest foundation, is modeled after San Francisco’s Back on Track program. Kamala Harris, who is currently California Attorney General and a rumored Supreme Court nominee, created the program when she was San Francisco's District Attorney. 

It allows first-time nonviolent drug offenders to wipe their criminal slate clean after completing an arduous year-long program run by Jewish Employment and Vocational Services (JEVS).

JEVS employees, who often act as cheerleaders for their charges, have replaced probation officers, who are typically more punitive than encouraging.

“This office is interested in justice,” says Assistant District Attorney Derek Riker, head of the Diversionary Courts Unit of the Philadelphia District Attorney’s office.” Sometimes, justice looks like we are giving people a break."

Riker emphasizes that TCY participants pose no danger to the public because they have no record of violence. 

The hearings often resemble a collaborative graduate seminar than an adversarial courtroom proceeding. 

Judge Marsha Neifield, presides over Courtroom 305 in the Criminal Justice Center in Philadelphia, where the hearings are held. Together with JEVS employees, DA Riker, and various public defenders, her non-threatening sessions introduce a new paradigm for courtroom proceedings. A casual observer might think that he has mistakenly stumbled into a group therapy session. The lawyers and judges work hard to avoid detention for an infraction and instead propose character strengthening solutions such as more frequent attendance at NA meetings.

Neifield is "cautiously optimistic" about the program. She credits the frequent court updates for playing a central role in the success of the program, but she may be the secret ingredient that makes the program so successful.

In the courtroom, she often sounds more like a concerned parent than an officer of the court. Neifield, who is President Judge of the Philadelphia Municipal Court, channels the perky enthusiasm of Elle Woods in "Legally Blonde" when addressing TCY participants. She lavishes praise on those that are meeting their benchmarks.

When one diversionary candidate was constantly late for her JEVS training sessions and court dates, Neifield sanctioned her by assigning to write an essay on the importance of punctuality  The judge was visibly thrilled when the offender later was holding a steady job at the local convenience store that started at 7 30 am.

She proudly exclaimed, "“Before this, the only 7:30 that you ever saw was 7:30 pm.”

Other judges have picked up the same tone.

Judge Patrick Dugan, sitting in for Niefield at another session, sounded like a curmudgeonly uncle when he gently admonished participants “to sit up straight". He urged one offender to go to college by saying, “don’t say you will try, say you can do it."  

And the participants pay attention. They seem to be thriving with the in locus parentis philosophy of the court. To paraphrase Hilary Rodham Clinton, "It takes a village to raise a young adult."

When public defender Mike Lovell ordered one seemingly hardened offender to pull up his pants because “this is a courtroom and not a fashion show,” he did so with alacrity. 

Enrollees in the program must agree to participate in quarterly or more frequent status updates. At these updates, JEVS employees report on their attendance and progress. One of the most common infractions for participants was not completing their community service. 

Even wayward defendants are given the benefit of the doubt. Assistant District Attorney Riker, who plays the role of compassionate ombudsman during the proceedings, uses the threat of a jail term only as a final resource---more often pressing participants for more accountability of their community service obligations or stepping up the frequency of status updates. He beamed with pride when he introduced one participant, who held a steady job and is completing his community service on schedule, as the most successful of the program. 

Assistant District Attorney McCauley touted the success of program participants instead of her conviction rate during every interview. 

She noted, “As they participate in the program, you can see a visual difference in them. They stand up straighter, dress neater.”

McCauley goes out of her way to help program participants succeed. During a courtroom break, she introduced El Sawyer, the operations director of The Village of Arts and Humanities. 

Sawyer, who served 8 years in Graterford Prison, helps former prisoners with reentry by teaching them filmmaking skills. 

He said, “I have found that film making is a great way for parolees to process what has happened to them."

Barry Johnson, a Navy veteran that exuded discipline, is in charge of training TCY program participants. He seems to understand the challenges that these young adults face. 

“I grew up in a bad neighborhood just like these kids," he said. "I escaped. I enlisted in the Navy. I did not get into trouble with the law,” said Johnson. "But some members of my family and neighbors did get into trouble so I know what it takes to succeed.”

The 57 participants, with additional cohorts added monthly, attend daily GED classes if they don’t have a high school diploma. Some of the high school graduates enroll in community college and trade schools. JEVS helps them with their applications and securing financial aid.

Those who enter the program with a high school diploma are required to attend twice weekly sessions at JEVS. They are taught resume writing, and job interview skills, and are assisted in their job search.

Even in an economy where youth unemployment is sky high, the enrollees are finding employment as parking lot attendants, convenience store clerks, barbers, landscapers, and construction workers. In addition, the one-time drug dealers are also required to volunteer at a local community center such as a park, recreational center, or church as part of the court mandate.

Getting a job or starting to study for a GED can be the easy part for disadvantaged youth.

Little things, such as transportation, illness, and child care, can overwhelm program participants and become obstacles to their continued success. JEVS social workers are assigned to each participant to help with these types of programs. 

TCY director Souleymane Fall, whose calm, dignified presence seems to soothe both participants and their concerned parents, sometimes fulfills the role of social worker during breaks in courtroom proceedings, which can end up taking up the better part of a day.

“I just arranged a dentist appointment for one youth,” he said in a recent interview. “I explained how to get subway tokens to another one.”

The program does not automatically kick out enrollees that have been re-arrested for minor offenses. The judge rarely considers jail. Instead, the judge imposes sanctions such as writing an essay about the importance of the program and mandatory attendance at AA and NA meetings for infractions.

The one non-negotiable requirement of the program is attendance at court dates. A bench warrant is issued for the rare few that do not show up. 

For many of the young people, many of the young people, it’s the first time that someone has paid attention to them---and quite a few relished the discipline of the program. 

“TCY got me off the streets,” said one, who appreciated being given a second chance. “I wake up in the morning and know where I have to go.”

The parents are equally appreciative.  

“TCY is a gift from god,” said one mother, who asked that her name be withheld. “My son is 18. He had never been in trouble before and now he has a chance to start over.”

Defense attorney Tracy Brandeis Roman, who frequently criticizes the over-zealousness of prosecutors, says the program offers young people a way to avoid landing in a cycle of crime that will blot their future lives.  

“I am in favor of anything that removes a felony conviction from my client’s record,” she says. “Prosecutors don’t understand or care that they will not work again once they have a felony conviction."

The Philadelphia taxpayer might be the biggest winner. According to Williams, the cost of a TCY participant is $5000 a year while the tab for a prisoner in Pennsylvania is $40,000 a year. The pilot program is funded by private donations.  To continue TCY, Williams is hoping to raise more money or convince the Republican controlled Pennsylvania legislature to support the program. He estimates that widespread adoption of the program could save taxpayers $7 million a year. 

Out of the program participants that stayed in the program after orientation, only 3 enrollees out of the original 57 candidates (approximately 6 percent) are in danger of being dropped from the program due to re-arrests as of November 2012.

One participant stopped showing up to the program after his house was robbed, which is a problem endemic to bad neighborhoods, but not one that can be solved by the program.

But the less than 10 percent failure rate, for a program that targets males a population with a high incidence  of recidivism, offers some long overdue hope to young offenders and their families.

As employers become familiar with the program, it will be easier to place new enrollees, according to TCY trainer Barry Johnson.

“It is my goal to have a long list of employers who will hire our participants,” he said. 

The success of TCY is attracting national attention. The Urban Institute has been studying the program in hopes of emulating it across the country. 

Failing Aaron Swartz

RIP: Aaron Swartz.

Aaron, the fiery internet revolutionary, contacted me after he was arrested. He wanted to better understand why the prosecutors were relentlessly targeting him and what he should do it. 

I told him that it was impossible to comprehend why they had chosen to focus on him. He just had to deal with it. I unsuccessfully tried to convince him to take the original deal prosecutors offered because they rarely relented. He did not believe me when I assured him that it would easy for someone with his talents to rebuild his life after this dark period. He feared that his conviction would mute his megaphone although I kept telling him it would eventually be diminished to an asterisk after his name. 

Swartz, who remained an idealist that believed at the 11th hour justice would prevail, refused to accept my view of American justice. He did not want to hear that juries behaved sheep like in their acceptance of the prosecutor's version of events. When I told him he could be convicted by a jury that had never heard of Reddit, he called me "too cynical".

I feel sad that I failed Aaron. I tended to get intense in our arguments. If I had stayed calm,  he maybe would have listened better. 

While Aaron's loss is final, society's loss is much bigger. We have lost a truly great thinker who had the passion and drive to make society more open. 

While we can all take the easy way out and explain away his suicide by noting his depression, that would be a mistake and possibly the wrong interpretation. With the start of his trial nearing, Swartz did want to give his prosecutors the satisfaction of a victory. He feared that a victory would propel his torturer, the US Attorney Carmen Ortiz, to the Massachusetts Governor's office. He also knew that he would be unable to continue his important work and most likely would die in prison if convicted. He openly questioned whether life was worth living if he could not continue his work.

Too few people defended him before his death. No one seemed to care that an American could potentially be going to jail fro 30 years for allegedly stealing academic journals with a negligible value. It has become an unfortunate American meme that prosecutor's decisions to go unchallenged. If Aaron's death has any meaning, I hope that we began to question prosecutor's decision and demand proportionality in punishment.

Senator Casey Serious About Gun Control

Senator Casey is holding Sarah Brady's book.

The Philadelphia Inquirer has already noted that Senator Bob Casey, who was previously a vocal supporter of the NRA, has had a change of heart about gun control. A group of concerned citizens, including Lower Merion Democratic Committeeman David  Broida and activist Betsy Sheerr, recently met with him to discuss the issue. This is Broida's account of the meeting, which was confirmed with other participants. 

Casey started out the meeting by saying that he had never had an experience like this, The television news reports from Newtown, Connecticut after the massacre of 20 children, 6 teachers, and the shooter's mother had a major impact on him. 

Casey said, " Don't think that TV news can't influence you.  I watched NBC's Pete Williams walk in the halls of the school, with arrows on the floor, showing the path of the  gunman.  Moving down the hallway.  That is when I realized that he didn't intend to kill just students in 2 rooms - he intended to kill every child in that school."

It seems that gun control advocates owe a debt of gratitude to one of Casey's daughter. Casey indicated that his it was daughter's prodding that caused him to change his mind. 

Casey said, "I was haunted by the reality of 20 kids dead and the possibility of an entire school dying. My daughter asked me, Dad, you have a vote. What are you going to do about it?"

For the first time, he questioned the existence of militias and the unlimited rights of gun owners. 

"I do not know how many of my constituents are in the militia category, but as someone who loves his country and sees the government as a force of good for its citizens, I am clearly alarmed by this segment of our society," said Casey. 

Some of Casey shift on gun control can be attributed to the changing demographics of Pennsylvania. The state is becoming less rural and more suburban. But he does seem sincere about the need for gun control. 

In a lighter moment during the meeting, Casey joked about the red hot celebrity of the new senator from Massachusetts, Elizabeth Warren.

"When I was a party for Elizabeth Warren's swearing in party, someone handed him the camera and asked him to take the picture. The first time that has happened. I am usually the one in the picture," laughed Casey. 

Mark Wahlberg Made An Honorary Philadephian

Mayor Michael Nutter made actor Mark Wahlberg an honorary Philadelphian before the Philadelphia screening of "Broken City". Nutter said, "Wahlberg has made 5 movies here. (He proceeded to name them.) No other actor or director has made that many movies here."

Let's hope Philadelphia native Bradley Cooper is already plotting how he will become the actor that has made the most films here.

Walhberg said, "Philadelphians are nice. If people in my native Boston were as nice, I would visit there more often."

Wahlberg made the film's director Allan Hughes an honorary cousin of Philadelphia. Hughes is holding the proclamation given to Wahlberg.

Now that he is a Philadelphian, Wahlberg did what natives do. He began meddling in local politics. He suggested that the director of the Greater Philadelphia Film Office, Sharon Pinkenson run for mayor.

"Broken City" takes many unexpected twists and turns. Russell Crowe should be nominated for an Oscar for his role as a corrupt mayor.

Pennsylvania Society: A Schmooze Fest With A Side Of Brawl

Pennsylvania political and business elite from both parties have been gathering for the Pennsylvania Society dinner at the Waldorf Astoria in Manhattan on the second Saturday of December for 114 years. 1400 people attended this year's dinner on December 9 while thousands more attended the lavish parties on the sidelines of the event. At a time when Republicans and Democrats only talk at each other through cable news, this weekend is a rare bipartisan oasis. While some criticize the expense, others hope that politicos that play together, maybe will later be able to work together.

The Pennsylvania Society went Hollywood this year. Movie director M. Night Shymaylan, the Pennsylvania native that has directed many of his movies in Pennsylvania, was this year's honoree. Attendees included: Senator Casey, Mayor Nutter, Pa. House Majority Leader Mike Turzai, new State Attorney General Kathleen Kane, former US Attorney General Dick Thornburgh, Comcast's David Cohen, campaign stragegist Larry Ceisler, and attorneys Ken Jarin, Bruce Marks, and Alan Kessler. Cozen O'Connor, Buchanan Ingersoll, electrician's union, Temple University and the University of Pennsylvania were among the groups sponsoring parties.

The next big race in Pennsylvania is the governor's race in 2014. Governor Corbett, speaking during the Pennsylvania Manufacturing Seminar at the ornate Metropolitan Club, tried to reassure business leaders that he will soon be revealing his plans for controlling the state's pension costs, privatization of the liquor stores, and repairing the ailing infrastructure. Being a former prosecutor, Corbett is in the habit of presenting the entire case not teasing with a few details.

Frank Rapoport of the law firm McKenna, Long, & Aldridge, who is an expert on financing infrastructure, said that the Governor is going to announce ptlans for private companies to upgrade Pennsylvania's highways and then collect tolls. He thinks local union pension plans will finance the road repair because it will offer them a steady return of 7% and jobs for their mayors. Pennsylvanians that can afford to pay the tolls will be able to travel to work faster and avoid the bottlenecks on the older highways. This plan was made possible by the legislative passage of the Public/Private Partnership Bill.in July.

The billionaire owner of the Red Apple grocery stores, John Catsimatidis held a fundraiser for Corbett at his palatial Fifth Avenue home. "This is no big deal. We have been doing business in Pennsylvania for 29 years," said the charismatic mogul, who is quick to tell that his daughter is married to Richard Nixon's grandson.

He remains unconcerned about the allegations that Corbett might have slowed the pace of the Sandusky investigation for political gain. "There are people who wished that we put a man on the moon quicker," replied the former Clinton supporter.

Two of the Democrats that want to replace the governor, Allentown mayor Ed Pawlowski and Philadelphia Congresswoman Allyson Schwartz, were busy drumming up support during the weekend. The affable Pawlowski reiterated his plans to run due to his belief that Corbett is vulnerable. Schwartz has been trying to quietly explore a run until the Daily News broke the story. She reassured potential contributors in the lobby of the Waldorf Astoria.that the unexpected publicity had not deterred her from running. State Treasurer Rob McCord indicated that he will defer to Schwartz about running in 2014.

Mayor Ed Pawlowski and his wife Lisa

The head of the Fels Institute of Government at Penn, David Thornburgh, believes that Corbett will fine. "Ridge poll numbers looked the same after two years. He won re-election, " he noted.

Republican Congressman Charlie Dent's party is always a big draw. Dent holds it at the restaurant Mint, because he apparently has a yen for Indian food. His special guest this year was Michigan Congressman Fred Upton. Unfortunately, attendees would have preferred the Michigan Congressman's cover girl niece Kate Upton instead.

A relaxed party atmosphere often loosens the lips of politicians. A new representative in Harrisburg accidentally divulged that one of his colleagues is so cheap that he makes staffers pay for their own toilet paper. Thornburgh confided that Chief Justice Roberts used to prep him before he argued at the Supreme Court when they worked together at the Justice Department.

Congressman Pat Meehan, on the other hand, was tight lipped about the fiscal cliff. He said, "I don't know if things can be resolved before the deadline. I am here not Washington."

Some union supporters and Republicans could not quite get the hang of bipartisanship. A fight broke out between the two sides at the W hotel.

Israeli Start Up Rumble Responsible for Inquirer's New Mobile Interface

One of the more interesting presentations at today's Philadelphia-Israeli Chamber of Commerce Mobile Conference was made by Israeli start up Rumble. I was surprised to discover that they created the  new mobile interface, which has been well received, for the Philadelphia Inquirer and Daily News.

Co-founder and CEO Al. E. Azoulay claims the platform is so easy to use that newspapers will start building a mobile audience within hours of downloading.

The company has some big backers, including the Knight Foundation. The former publisher of the Inquirer, Gregory Osberg, recently joined the advisory board.

Penn Doctor Cures Leukemia

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Dr. Carl June, a researcher at the University of Pennsylvania's Perelman School of Medicine, kicked off Thinkfest by discussing his groundbreaking cure, personalized cell therapy, for leukemia and possible other cancers. The cancer buster previewed his December 10 presentation to the American Society of Hematology (ASH).

Traditionally, leukemia has been treated with a bone marrow transplant. The body often rejects the foreign material resulting in horrible side effects and death. Personalized cell therapy does not have these side effects because it uses the patient's own cells. The patient's T cells are injected with a re-engineered form of the H.I.V-1 virus, which fights cancer instead of spreading AIDS.

So far 12 patients have been treated with this immunotherapy. Chemotherapy was not working for three adult patients with late stage Chronic Lymphocytic Leukemia (CLL). Each patient had between 3.5-7 pounds of tumor. Two of the patients have experienced complete remission and one a partial remission after being injected with the reconfigured T cells a year ago. It is still too soon to tell if the remissions are permanent.

One side effect of the treatment is it prevents the production of infection fighting antibodies. June dismissed this as a relatively minor side effect. "There is a pro football player that does not have antibodies. It only requires a transfusion once a month," he said.

Some of this has been reported by the New York Times and other publications. What is new is that children with acute leukemia are now in remission after a transfusion of re-configured T cells. One Children's Hospital patient, whose body was 76.3% overrun by unhealthy B cells, received the personalized cell therapy on April, 18, 2012. She attended the first day of school on August 29, 2012 disease free.

Next step for Dr. June and his colleagues is FDA approval so that he can cure the world. Pharmaceutical Giant Novartis is building a robot operated lab at the Center for Advanced Cellular Therapies to mix the personalized cell therapies so that a scientist does not have to mix each therapy separately.

Richard Vague, who has endowed a professorship at Penn's Perelman School of Medicine in immunotherapy, said, "Soon, Philadelphia will be known as the place cancer was cured.

I predict a Nobel Prize is in Dr. June's future.  His Power Point presentation is below.