Where Is the Outrage?

Activists and coworkers of Jeffrey Pendleton protest outside the Hillsborough County House of Corrections Friday, March 25, 2016, in Manchester, N.H., where he died Sunday after he was unable to post $100 bail. Jeffrey Pendleton, 26, was being held on a marijuana possession charge when he died Sunday. The Manchester Police Department is investigating Pendleton's death, and the state medical examiner's office says it is awaiting toxicology reports to determine the cause of death. (AP Photo/Kathleen Ronayne)
Activists and coworkers of Jeffrey Pendleton protest outside the Hillsborough County House of Corrections Friday, March 25, 2016, in Manchester, N.H., where he died Sunday after he was unable to post $100 bail. Jeffrey Pendleton, 26, was being held on a marijuana possession charge when he died Sunday. The Manchester Police Department is investigating Pendleton’s death, and the state medical examiner’s office says it is awaiting toxicology reports to determine the cause of death. (AP Photo/Kathleen Ronayne)

Yesterday afternoon I sat on the porch and began a draft of a blog post about the writing I’ve been engaged in for the last couple of months.  “Deep In” to another revision of my memoir, I’m excited because the structure I’m using this time is working.  I’m making progress.

My plan was to put up that post this morning, and I was in my study early, ready for many hours at my desk today.  I went downstairs to make a cup of tea and noticed Jonathan Baird’s OpEd in today’s Concord Monitor. Waiting for my water to boil and tea to seep, I read the article.

I’d read the Monitor editorial last Sunday about Jeffrey Pendleton and thought, what, a black man died in the Valley Street Jail and this is all the coverage there’s been?  Then I forgot about it and spent the week absorbed in my very privileged and very rich life.  I spent days in my study working on the memoir and making collages.  I did some volunteer board work.  I sat on my porch when the sun was warm enough and the wind still enough. I listened to the birds nesting in the blue spruce and yews, chattering songs all day.

When I read Baird’s piece today I thought, okay, enough about me.  Spread the story.

Where is the outrage for Jeffrey Pendleton?

For the Monitor
Thursday, April 14, 2016

Over the last couple years, these names have come into our collective lives: Sandra Bland, Eric Garner and Tamir Rice. There are quite a few others who experienced the same fate I am not naming. All were African-American and all died in police custody or at the hands of the police in circumstances that could best be described as questionable.

The deaths contributed to the creation of the national movement known as Black Lives Matter. The people who died lived in places all over the United States. None, however, were from New Hampshire – until now.

Now we have the little-known, terrible story of a New Hampshire man, Jeffrey Pendleton, which has received scant local media attention. Pendleton’s story is New Hampshire’s version of Sandra Bland, the black woman who was pulled over by a policeman in Texas for a lane change and who inexplicably died in jail a few days later. Like Bland, Pendleton was wrongly jailed and he died mysteriously in his jail cell. No credible explanation for his death has yet been offered.

The question has to be asked: Where is the outrage? Why so little reaction to Pendleton’s death?

Found In His Cell
On March 13, Pendleton, a 26-year-old, homeless, African-American man from Nashua was found dead in a cell at the Valley Street jail in Manchester. Pendleton had been in jail for five days when he died. He had been arrested March 8 on a misdemeanor charge of marijuana possession. The Nashua District Court had set Pendleton’s bail at $100 cash, an amount he could not afford to pay. As a result, he went to jail.
No one seems to have any explanation for why he died. State and prison officials have had precious little to say. A Union Leader article quotes a Nashua police captain who says the Nashua police did everything correctly in the case.

Dr. Jenny Duval, deputy chief medical examiner for New Hampshire, performed an autopsy and said from her examination there was no evidence of any natural disease or physical trauma. The exam found no needle marks. Dr. Duval looked into Pendleton’s medical history and she said that he had appeared to be in good health.

Dr. Duval ordered additional tests and hoped that test results will determine the cause and manner of death.

Why was he jailed?
While for me the Pendleton case prompts many reactions, I would begin by asking: Why was he in jail? And why would an apparently healthy young man suddenly die there?

The jailing of Pendleton for failing to pay $100 bail on the pot charge is all too typical of the callous and uncaring way poor people are treated in New Hampshire. No way would most people be going to jail for that. They would come up with $100. Pendleton was jailed for being too poor to pay $100. Why is the state using such a harsh penalty, jail time, for such a minimal charge? The cost of incarceration, housing and feeding, far exceeds the charged offense.

Pendleton’s case is a good example of the criminalization of poverty. He was not a flight risk nor did he pose a danger to others, the reasons typically invoked for bail. I would also point out that pot is now legal in multiple states and when our state decides to enter the 21st century, it will be legal here. New Hampshire remains the only state in New England that has not decriminalized marijuana possession. It’s only a matter of time.

It is both sad and wrong that Pendleton was jailed for a non-violent activity that would not have been punished at all in multiple jurisdictions.

One prominent New Hampshire defense attorney told me that he thought if Pendleton had not died he would have served 30 days. Then, when he appeared in court, he would have been released on time served, and the case would have gone away.

Penalized for poverty
Across the country, people are increasingly penalized because they are poor. Money-based bail regularly means that poor defendants are punished before they get their day in court. Probably poor people end up doing more time than if they had a court hearing and were convicted immediately. Imposing high bail on a poor person who faces a minimal charge is equivalent to a conviction.

The consequences of this form of pre-trial detention can also be dire. Going to jail can mean job loss, eviction from an apartment and possible loss of child custody. And those things can happen before a hearing on the merits of a case.

The day after Jeffrey Pendleton died, the U.S. Justice Department released a letter to state chief justices and court administrators across the country suggesting they change their practices on fees and fines. The letter explicitly stated:

“Courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release.”

The letter came a day too late for Jeffrey Pendleton. How does the state plan to make amends to a dead man? I don’t see anybody jumping up to take responsibility.

Ever since the events in Ferguson, Mo., awareness has increased about the broader problem that many courts in America have been imposing exorbitant fees and fines on people who have committed relatively petty offenses. It is and remains modern-day debtors’ prison.

Too many cities and towns are relying on court fines and fees to pay down municipal debt. In a report released by the White House’s Council of Economic Advisors on Fees, Fines, and Bail, the authors note the increasing municipal reliance on these fines in America. The report states that in 1986, 12 percent of those incarcerated nationally were also fined. In 2004, the number had climbed to 37 percent.

Plaintiff in suits
Prior to his death, Jeffrey Pendleton was not some marginal, unknown homeless person. He had been a plaintiff in two lawsuits brought by the American Civil Liberties Union of New Hampshire. In the first case, in March 2015, the court forced the town of Hudson to pay damages for the unconstitutional and illegal way they treated people who were peaceful panhandlers. In the second case, Pendleton spent 33 days in jail for walking in a park adjacent to the Nashua Public Library. The police charged him with criminal trespassing for walking through the park after he allegedly violated a verbal “no trespass” order. Nashua had to pay Pendleton and his attorneys for violation of his constitutional rights.

At this point, it is impossible to know if Pendleton’s activism played any role in what happened to him. I would hope that a thorough and fair investigation will get to the bottom of Pendleton’s tragic death. It is hard to fathom how and why a 26-year-old man spontaneously dies – if that is what happened.

The New York Times reported that Pendleton had arrived in Nashua in 2009. He had worked low-wage jobs in fast food restaurants. After a divorce in 2013, he became homeless and he started sleeping in the woods. He spent the winter of 2013-14 outside in a tent.

$8.50 an hour
Pendleton worked at a Burger King in Nashua. In the press, a co-worker was quoted saying he made $8.50 an hour at most. That money is a little above New Hampshire’s paltry minimum wage of $7.25 an hour, far and away the lowest in New England. The money Pendleton earned was not enough for him to rent an apartment or to pay bail.

In February, Pendleton had participated in the Fight for $15 campaign, which advocates for a higher minimum wage. He had demonstrated outside the Burger King where he worked. Maybe if Pendleton had been making a higher wage, none of these events would have happened.

In an article that appeared in the Huffington Post, Attorney Gilles Bissonnette, the legal director of the ACLU of New Hampshire and Pendleton’s lawyer, described Pendleton as a “really sweet” and “kind” person, whose troubles with the law were primarily a result of his poverty. Attorney Bissonnette also said the following:

“(Pendleton) got involved in these cases not because he thought he would obtain some sort of financial windfall but because he believed these cases could bring relief to other poor people who were struggling to get by and who were having interactions with law enforcement. He cared about how the cases that we were handling could potentially change police practices in the future.”

I must say I remain puzzled by how little coverage Pendleton’s death has received in New Hampshire media since March 13. Most of the stories that have been done come from outside news outlets like the New York Times and the Guardian. I did hear one story on New Hampshire Public Radio and the Monitor did an editorial. When I have asked friends and acquaintances about Pendleton’s death, they have invariably not heard about it.

There have been a lot of stories about bobcats and also about the St. Paul’s preppy and the tragedy of his temporary detour from Harvard, but almost nothing about a dead young black man. Based on the coverage, maybe poor and black lives don’t matter.

(Jonathan P. Baird of Wilmot works at the Social Security Administration. His column reflects his own views and not those of his employer.)

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