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Story from the AJC here.

Maria Rivera sits in the Cobb County Jail, facing deportation after a traffic stop.

If the Mableton mother of three, who is here illegally from Mexico, had been pulled over in any other county in Georgia, she likely would have bailed out and gone on with her life.

But Cobb County’s jail is at the forefront of local enforcement of immigration laws, going a step further than many states and further than a new Georgia law requires.

Cobb has trained some sheriff’s deputies to determine the legal status of all foreign born inmates at the jail, no matter how minor the charge. Cobb jailers now can start deportation proceedings under what’s known as a “287-G” agreement with federal immigration authorities.

“The computers are up and running,” Cobb County Chief Deputy Sheriff Lynda Coker said. “They can run inquiries on a federal database.”

A new state law effective July 1 requires jailers statewide to determine the legal status of inmates charged with felonies or DUI and report illegal immigrants to federal immigration officials, but they can leave it at that.

In Cobb, jailers have been trained by federal immigration officials on how to inspect immigration documents.

“They can initiate the removal proceedings themselves,” said Richard Rocha, a spokesman for U.S. Immigration and Customs and Enforcement, known as ICE. “Any time we can share resources with local law enforcement, it’s a plus for public safety,” Rocha said.

Proceedings against 42

In the four weeks since the program began, Cobb jailers and ICE have interviewed 86 inmates, placed immigration holds on 68 and started deportation proceedings against 42, Coker said. Deportation paperwork done by sheriff’s deputies must be reviewed by an immigration officer before it goes to a judge.

Although it’s sheriff’s deputies, and not Cobb County Police Department officers, who are now processing deportation paperwork, the program is sending a shiver through the immigrant community.

Fear destroys any rapport the community had with police, said Jerry Gonzalez, head of the Georgia Association of Latino Elected Officials.

“This is having a very negative effect on overall public safety,” Gonzalez said.

Muzaffar Chishti, director of the Migration Policy Institute’s office at New York University Law School, agrees. The institute is a nonprofit Washington think tank that studies global migration patterns.

“People are reluctant to report crimes to the police, or be witnesses in criminal proceedings,” Chishti said.

As for the agreement’s effect on immigration patterns, it’s hard to say. Since 2001, there’s been an annual net increase of 500,000 illegal immigrants entering the country, Muzaffar said.

“There’s no evidence these agreements have led to a decrease in illegal immigration,” he said.

Coker stresses that Cobb jailers have had a cooperative relationship with immigration authorities for about 10 years and have reported illegal immigrants to them. What is happening in Cobb now, Coker said, is not much different, except sheriff’s deputies can now pitch in on the paperwork.

Some Cobb inmates who have been flagged for immigration holds are charged with child molestation or drugs, weapons and alcohol-related offenses, Rocha said.

“With the success of the program, we’ve been able to identify people who may otherwise not have been flagged,” he said.

Nationwide since 2006, local jailers have identified more than 20,000 illegal immigrants through cooperative agreements with the federal government like Cobb’s, Rocha said.

Whether and how an inmate is flagged as illegal may differ in each case as it goes through the system. Some jails have dedicated ICE officers to identify illegal immigrants as they are booked. At others, ICE relies on local jailers to notify them if an inmate may be here illegally, Rocha said.

Inmates collected by ICE right away are usually those facing lesser charges, Coker said. Those with more serious charges usually go to trial and serve time if convicted, she said. It’s up to ICE to deport them after they serve their time.

Traffic violations

Rivera was flagged because she had been deported before, in March 2006, after crossing the Mexican border illegally, Rocha said.

Rivera crossed again last year and went to Chicago with her husband and three children, said Enrique Farias, her roommate. About six months ago she came to Mableton with her children, Farias said.

His sister cared for the three children a few weeks while their mother was in jail, he said, until an uncle from Chicago came last week took the children home with him.

Rivera was stopped by a Cobb County police officer July 11 on her way to work as a house cleaner, Farias said. She is charged with driving without a license, having no proof of insurance and an expired tag, according to jail records.

Cobb County police Chief George Hatfield said his officer had no choice but to enforce the law with Rivera.

“It’s sad if she’s got the three children and everything, but she should have thought about that before she got behind the wheel of a car,” he said.

Source: Rob Leonard

Below is a story from the Associated Press.

David McDade has handed out some 35 copies of a video of teenagers having sex at a party.

McDade is no porno kingpin, but a district attorney. And he says Georgia’s open-records law leaves him no choice but to release the footage because it was evidence in one of the state’s most turbulent cases — that of Genarlow Wilson, a young man serving 10 years in prison for having oral sex with a girl when they were teenagers.

McDade’s actions have opened him up to accusations that he is vindictively misusing his authority to keep Wilson behind bars — and worse, distributing child pornography.

“This has been a ferocious, vindictive prosecution of Genarlow Wilson,” said state Sen. Vincent Fort, an Atlanta Democrat. “What is going on is a vendetta.”

McDade, who is district attorney in Douglas County, in suburban Atlanta, did not immediately return calls Thursday.

He has said that while the law required him to release the video, he also believes the footage helps his case — by showing that Wilson is not the squeaky-clean football star and honor student portrayed by his supporters.

“Most of those who do not want people to see the tape know that it’s damning to their position,” McDade told The Associated Press.

He released the video after receiving an open records request from the AP, and said he has given it to about three dozen people, including reporters, lawmakers and several members of the public who requested it.

It shows Wilson, then 17, receiving oral sex from a 15-year-old girl and having intercourse with another 17-year-old girl. It was shot at a 2003 New Year’s Eve Party at a hotel room by another partygoer.

Earlier this week, Georgia’s chief federal prosecutor, U.S. Attorney David Nahmias, said the video “constitutes child pornography under federal law,” and he called on McDade’s office to stop releasing copies.

“These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others,” Nahmias said.

Nahmias’ office refused to say whether he would bring criminal charges against the D.A.

Critics say that at the very least, McDade should have obscured the faces of the underage girls to conceal their identity, or sought a protective order to keep the material under seal.

Such steps are common in sex abuses cases, especially those involving underage victims, said Diane Moyer, legal director for the Pennsylvania-based National Sexual Violence Research Center.

“The bottom line is we need to have respect for the victims in these kinds of cases,” Moyer said. “To release this kind of thing, to me it’s prurient and it takes the open records law too far.”

Several Wilson supporters likened McDade to disgraced Duke lacrosse prosecutor Mike Nifong and called on Georgia’s attorney general to investigate.

“Mike Nifong lost his license, and if he lost his license, then certainly a district attorney that distributes child pornography ought to be investigated,” the Rev. Raphael Warnock, pastor of Ebenezer Baptist Church in Atlanta, said Thursday.

State Sen. Emanuel Jones said he would introduce legislation to block district attorneys from handing over photographic images in sex cases.

“I’m going to call it the David McDade Act,” Jones said. “Sometimes we have to protect our kids from district attorneys.”

Wilson was convicted of aggravated child molestation for having oral sex with the 15-year-old girl. He has served more than two years of a mandatory 10-year sentence.

The law Wilson was convicted of breaking made consensual oral sex between teens a felony. It has since been changed by the Georgia Legislature. But the state’s courts have held that the new law cannot be applied retroactively.

A judge last month called Wilson’s sentence “a grave miscarriage of justice” and ordered him set free. But prosecutors are trying to block his release. The Georgia Supreme Court is set to hear the case next week.

McDade fought a bill in the Legislature earlier this year that would have helped Wilson. Some lawmakers who were on the fence changed their mind after seeing the tape.

Source: Rob Leonard

Story from MSNBC here.

DNA evidence has exonerated its 205th American that has served time for a crime that they did not convict.  He confessed after 30 hours of interrogation.  We need to take a hard look at police interview tactics in this country.

Source: Rob Leonard

A simple battery wouldn’t normally be news around here, but the media is still fascinated by John Mark Karr.  He is the man that falsely confessed to the killing of Jon Benet Ramsey.  Read the story here from Yahoo.

Source: Rob Leonard