In the Line of Duty

There have been some stark realities recently about what it means to be in law enforcement. 

NYPD Officer Dennis Guerra was killed while running into an apartment building to save lives after the call of a fire, which was set by a 16 year old arsonist.

Officer Guerra left behind four children and a wife after making the ultimate sacrifice. Head over to Huff Post for some incredible pictures of how the NYPD mourns one of their own.

The suspect, Marcell Dockery, is 16 years old, and in New York State that means he will automatically be tried in supreme court. He is currently charged with murder in the second degree.

In North Carolina, the father of an Assistant District Attorney was kidnapped and beaten over the course of four days until the FBI tracked his location and rescued him. Five people were implicated in the kidnapping, including an inmate convicted by the ADA. The inmate apparently smuggled a cell phone into his prison and was able to orchestrate the kidnapping using it.

The murder trial for one suspect accused of killing two prosecutors is in the beginning process of jury selection in Texas.

Even in my own office, there have been two times in the last month when prosecutors have been threatened over the phone. Also, a defendant on trial tried to strike the ADA trying him with his car.

The further I move along in my career as a prosecutor, the more serious the cases become. The more serious and far-reaching the investigation, the more dramatic the consequences for the accused and usually the more violent the targets. It's reality. Most days I don't think about it, but there are definitely times I look over my shoulder a few times when I'm leaving work late at night while I'm on trial with a murder case.

It's no secret that the police and prosecutors follow social media, listen to phone calls, and have other investigative means. My name is mentioned frequently by defendants I'm prosecuting. It's always disconcerting, but there have never been legitimate threats. Usually, it's just jokes to their friends.

It's a reality of choosing to fight for victims in court. Intimidation is one of the biggest problems I face in  persuading witnesses to testify. Unfortunately, it seems to be spreading to the public servants themselves. This isn't to say defense attorneys and judges are immune from the intimidation. There are many cases we investigate where defendants are stalking or harassing their attorneys, or a defendant obtains the cell phone number for a judge somehow and leaves horrible messages. Technology has made intimidation easy and anonymous.

This last month has served as a reminder of the dangers we all face in trying to do the right thing. The intimidation doesn't drive me away. It just strengthens my resolve to find justice. The suspects that have the means and choose to carry out their threats are the ones we need to focus on. Their level of intimidation is pervasive on the streets and will make life better for the citizens who have to put up with it every day.

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Affluenza - Saying the Same Thing a Different Way

Ethan Couch mowed down four people while driving a vehicle with a blood alcohol level of three times the legal limit. It is a terrible enough case before we add in the fact that he was only 16 years old at the time he killed the victims.

During the case proceedings, Couch's defense team called Psychologist G. Dick Miller. Dr. Miller provided his opinion that Couch suffered from affluenza, which is a lifestyle where wealth brings privilege without consequences for poor behavior. We called this type of person a spoiled brat growing up before naming every type of behavior became vogue.

The point at sentencing that Dr. Miller made was that Couch needed structure and guidance because he did not receive it at home and the only way to obtain this was through a rehabilitative sentence that avoided incarceration. The judge decided the appropriate punishment was probation for ten years, including a stint in a rehab facility where his parents would pay the $450,000 a year bill. He avoided any prison for the offense, but the court may revisit the issue if Couch violates probation.

Victims' families are crying out for justice. Dr. Miller took a term that means children of wealth tend to overspend, be irresponsible, and do not believe in consequences for their actions and stretched it to explain the need for rehabilitation, not punishment or deterrence.

I see this defense every day in the courtroom. Only, it is usually from an African-American male standing at the defense table with their assigned attorney. The defense attorney explains to the court that the defendant grew up with a drug-addicted mother and an imprisoned father, thereby left to the streets to teach him about life. The defendant is in need of structure, discipline, and should not be punished because he truly did not know any better. He argues that incarceration will only create another person dependent on social services for the rest of their life and asks for a sentence fashioned to help the defendant become a productive member of society. The story is so frequent that one has to wonder whether a judge becomes immune to it.

Couch's defense transformed a life of privilege, wealth, and parents into a disadvantage, creating the same circumstances as minority growing up without parents in the gang and drug-infested portions of an inner city.

There are only distinctions between Couch and the defendants just described without any differences. I wonder if Couch would have received the same sentence if the defense was forced to argue that he grew up without a father to instill obedience in him because his father was in prison and thus needed to learn consequences to his actions.

Would the judge have had the same sympathy if a public defender was making the argument? An inner city youth?

Where you fall on the appropriateness of the sentence probably depends on your view of crime. Should a person be punished for a crime and a message sent to deter future actors from doing the same thing? Or should a sentence be rehabilitative, with the goal of transforming the defendant into a productive member of society? This question has been argued for generations and will continue to be. (See a discussion of that here).

The sad truth is that four people are dead who were just at the side of the road trying to help a woman change a tire because of the intentional choices of a 16 year old kid that led to his recklessness. No matter your view on punishment, could you ever imagine watching the person responsible for four deaths, including your loved one, walk out the door into fresh air to catch a flight to Southern California to start rehab?

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The Uncontrollable Witness

Let's call this Charles Ramsey week in America.

We've all watched the unfolding events in Cleveland this week with a mix of disgust and awe. The disgust is for Ariel Castro and his twisted actions. The awe is in the men who helped to free the girls. Many have written about one of the heroes of the drama, Charles Ramsey. As a prosecutor, I could not help but envision Ramsey on the witness stand in this case.

To analyze Ramsey as a witness, I have to tell you about my general rules for witnesses and preparation. The first time I meet with a witness, I let them know the outline of events in a criminal case in addition to discussing the crime. We don't go over the specifics of trial testimony because it is too early and the events are too fresh. I don't want courtroom testimony to come off scripted because it's been rehearsed so many times. I cannot tell a witness whether to speak to anyone or not, but I do tell them they have the right not to speak if they wish. I remind witnesses of this for two reasons: 1) the media, and 2) defendants.

It is never a good idea for a witness to give media interviews. The interviews are taped and are now prior statements where even the slightest misstatement may come back to haunt them at trial. The more interviews, the more possible inconsistencies. Plus, a person's hidden past might emerge once the media begins digging.

A witness does not need to broadcast their involvement to their neighborhood either and begin to feel any pressure associated with testifying. Defendants, their family, their friends, and defense investigators will try to speak with a witness once the secret is out and a witness does not need this kind of attention.

As we get closer to trial, I sit down with a witness for trial prep. This consists of explaining how the courtroom is set up and the trial procedure. I then go over the general rules of testifying - only answer the question being asked, do not get combative, tell the truth, say "I don't know" if you don't know, say "I don't recall" if you don't remember. There are others and every trial is different, but this advice never changes.

Ramsey is fantastic. He does not shade the truth and does not try to hide who he is. He is the type of witness every attorney loves and fears. Put him on the stand and let the jury see how direct and credible he is. The only problem is he will be absolutely uncontrollable on the witness stand. He has already violated just about every rule by speaking to every media outlet. On the stand, he would expound and elaborate every question. A yes or no question would not necessarily get a yes or no response. He would be funny, combative, and sympathetic at the same time.

We attorneys crave control and he'd be everything an attorney is afraid of at trial, and the jury would love him for it. Sometimes rules need to get broken, though.

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Days to Reflect

The planned post for today did not seem a good fit considering the events in Boston this week, and specifically over the morning hours.

We of course remember the victims of the attacks. The killing of a police officer is another example of how dangerous the job of a police officer is. Every time they pull over a vehicle for a routine traffic stop, they are at risk.

The Boston Marathon bombing may change the shape of major criminal investigations. They crowd sourced some of the investigation to obtain every image and video they could from the events from the public. The media has played a significant role, both good and bad, in the investigation. It may come to play a critical role in the trial, if there is one. This is the first time I can remember that an entire area has been locked down due to the on-going investigation.

There will be a lot to discuss in the coming weeks, but today we will just pray for a safe resolution for all involved in the manhunt.

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Mark Hasse

Assistant District Attorney Mark Hasse was shot and killed walking into work in Kaufman County, Texas on Thursday in what is being described as an ambush.  The investigation is on-going.

There is a sad reality that all prosecutors who deal in violent crime push away most days.  We are just as vulnerable as any victim.  There is not much more to say than to ask for prayers for Mark Hasse and his family in this devastating time.

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It's that Easy?

Who knew?  Want to get out of jail early?  Try the front door.

Twice in the past year, Rocky Marquez has walked right out the front door of his prison prior to serving his full sentence.  In most jails, each inmate is given a wristband (like a hospital band).  They wear it around their wrist.  It is for identification purposes and helps the guards identify each inmate.  It is also for tracking movements to and from court.

Apparently, it takes away the need for looking at someone's face.  Marquez has twice switched his wristband with an inmate due to be released and walked out the front door pretending to be someone else.  In the latest attempt, authorities did not even notice he was missing for five days.

As a society, we want to reward that "outside the box" thinking.  But I doubt anyone will congratulate Mr. Marquez upon his return.  The real question is how does a person convince an inmate about to be released to stay in jail longer?  I can only think of two things - threats or money.

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Rest Easy into the New Year

It's almost over.  You've been wondering for months about it, haven't you?  Wondering when someone would get caught?  When they would be held accountable for their heinous deeds?

I wrote about this back in September when some Canadian thieves decided to steal millions of dollars worth of maple syrup.  As any good blogger who occasionally follows stories through to their completion, I am happy to report that three people have been arrested for the crimes.

Most importantly, two-thirds of the stolen sticky supply was recovered.  What that means is the maple syrup prices will hopefully avoid any ill effects of the fiscal cliff.  We are happy to report the Canadian authorities have just about laid this case to rest for the new year.  You kind of feel bad for the thieves.  They just about got away with it before the world ended - just a few more hours.

I'm taking some time off next week and am not sure I'll be posting much.  I am thankful that people keep reading this site, which justifies continuing to run it.  Happy holidays!  Merry Christmas! Happy (belated) Hanukkah!  Happy New Year!

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"Coke Bust"

It's the world's oldest game - the police find a way to stop crimes and people find a new way to commit crime.

Take the woman that tried to get in Spain from a Columbia flight.  Spanish officials questioned her and her story just did not make sense.  The blood leaking from her breasts also raised some red flags.  When they took her to the hospital, they removed fresh breast implants and the bags of cocaine inside of them.

I thought they were filled with silicone.

 

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The Duty to Act when Someone's in Danger

In the wake of the tragic story from the New York City subway this week, I thought it was time to revisit a post on the situations when a person can be arrested and prosecuted for inaction.

It was written during the uproar of the Penn State scandal.  Check it out here - Duty to Act.  The lack of criminal responsibility will never absolve someone of moral responsibility for 1) not helping, 2) taking this picture, and 3) trying to profit from it.

Naeem Davis was arrested for pushing him on the track.  The man who took the New York Post picture?  Should anything happen to him?  Could anything happen to him?

Incidentally, when I was living in NYC and taking the subways, this was my greatest fear.

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How Much Is Freedom Worth?

It was a deadly combination this weekend.  A cold, out of town guests, the holidays, and spotty internet combined for the death of any in-depth post this morning. 

But, this story popped up this weekend.  Caleb Sosa, from Detroit, spent two years in juvenile lock-up when he was 14 for murder.  He was acquitted two years later.  The interesting twist is that Sosa then sued the City of Detroit for violating his civil rights.  Through the City's inaction, by not filing timely paperwork, a judge awarded Sosa $1.1 million.

There will be more on this later this week when the cold goes away and internet returns.

But for now, I wonder if there are people who read this article and think they would serve two years in jail for that much money when they got out.  If not, how much would it take?   

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Thanksgiving: A Time for Families and Fake Mustaches

Every year sons and daughters criss-cross the globe, returning to their roots to celebrate Thanksgiving with their loved ones.  They return to the place that helped create who they are, to give thanks to the people that helped mold them.

And sometimes, they get involved in the family business.

Ronald Scott Catt, his son Hayden, and his daughter Abby were arrested this weekend in a string of bank robberies that stretched from Oregon to Texas.  The father and children team used masks and distinctive vests to commit the robbery and were tracked down via video surveillance and credit cards purchasing the items from Home Depot.

Rumors are circulating that Ronald Scott had lost two jobs in the past two years.  Now, the Scott family gets to spend their Thanksgiving together in close quarters, and possibly many more.

Apparently, the fake mustache didn't work for Hayden.  It did for these two robbers here and here.  Personally, I think it's an insult to real mustaches everywhere, especially during Movember.

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Cannibal Cop

 

From the "you can't make this up department."

Gilberto Valle was arrested by the FBI for conspiring to kill, cook, and eat around 100 women.  This is an example of one of the cases it is easy to get motivated for and easy to prosecute a cop who breaks the law. 

Check out the full story about Gilbert Valle here. 

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Powerful Words from an Unlikely Source

Thursday's are usually a post-free day from PD, but I thought I'd break with tradition to provide these words to victim's everywhere:

“Please do not allow my actions and the actions of Muhammad to hold you hostage and continue to victimize you for the rest of your life. If you give those images and thoughts that power, it will continue to inflict that suffering over and over and over and over and over again. Do not give me or him that much power.”

The speaker?  John Lee Malvo.  He was the second half of the D.C. shooting spree that terrorized Washington in 2002.  He was 17 at the time of the crimes and spoke to the Today Show this morning from jail where he is serving his life sentence.  His partner John Allen Muhammad was executed in 2009.  Here is the interview where he claims Muhammad sexually abused him during their time together:

Visit NBCNews.com for breaking news, world news, and news about the economy

 

 

 

Are these the words of a reformed young man?  Or something else?

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The Cop and ADA Dynamic

On Friday, I posted about the on-going battle between the NYPD, the Bronx DA, and Mayor Bloomberg.  There is a breakdown in communication and common goals on every level of law enforcement and the losers will be the citizens.

The system is supposed to work like this:

1) Suspect commits a crime,
2) Victim calls 911,
3) Police respond,
4) Police investigate,
5) Police make an arrest,
6) District Attorney prosecutes the case

The NYPD has approximately 34,500 officers.  It's a massive organization that requires policies and procedures.  New York City DA offices are also gigantic offices, some swelling to over 1,000 total employees.  It too needs to be guided by written procedures.  Both of these groups should be working towards the same goal, which is the equal enforcement of laws and the protection of citizens.

Most of the time, the relationship runs smoothly.  The cops arrest the suspects and the ADAs prosecute them in court.

But what about the times it doesn't run like it should?  The cop makes an arrest without probable cause?  Or illegally searches a citizen?  What about the ADA who dumps a case because he/she doesn't do his/her job?  What about when the cops commit the crimes?  Or the ADA does?  How are these cases handled and who is ultimately responsible?

Here are just some illustrations of the problems:

-NYPD officer, Emmanuel Tavarez, conspired to rob drug dealers.
-New Jersey Attorney General indicts New Jersey State Troopers for leading an exotic car race.
-NYPD officers indicted for ticket fixing.
-Spokane police officer convicted of excessive force.
-Prosecutors plead guilty to DWI here and here

It's a tough business being in the public eye.  Every one loves when a public official screws up.  It makes local and national headlines.  All of us need to realize we are held to a higher standard whether we like it or not.  I'll admit it; it's an ego boost when you see your name in the paper or watch yourself on the news for a case the media deems important.  But like any public figure, the more you are in the media spotlight, the farther the fall if you lose your footing.  Check back this week for a post on the prosecution of police officers and the Life of an ADA on a high profile case.

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Cops vs. Prosecutors

Have you heard about the war?  It's been brewing for years.  The one between the NYPD and my former employer the Bronx DA's office.  Here's some history to explain all the links I'll be posting this morning - Bronx DA's indict 20 NYPD officers for fixing tickets and dropping cases, NYPD arrests a Bronx ADA for DWI, Bronx DA stops prosecuting cases where police stop random people in public housing units to determine if they are trespassing.

It's just a glimpse of the tension that exists in the county right now.

I'm off for the weekend to do a crazy adventure race.  So, enjoy the articles to see what is happening in the Boogie Down Bronx.  Next week, I'll address the difficult issue of prosecuting cops and the joys and perils of prosecutors in the spotlight.

Stop and Frisk and here and here
Editorial on Decline to Prosecute
The Mayor's Position
Conviction Rate
Ticket Fixing

More like this:

Decline to Prosecute
Statistics and Animosity

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Disaster Preparedness

Check out how a school in Washington is preparing for the worst scenario a school will ever face:

 


Is it too much or should every school be doing something similar?

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Rogue Chemists

A Massachusetts chemist faces felony charges for falsifying chemical tests in narcotics cases.  Annie Dookhan made up her degree along with her results when pretending to test thousands of drugs and even testifying about the results under oath.


The Nassau County lab in New York State was just shut down for similar reasons last year.  These issues are dangerous to everyone involved, from the prosecutors trying the case to the wrongfully convicted defendants.  The next few posts will discuss how a forensic lab works to control accuracy and the fallout from lying chemists.

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The Coldest of Cases - Maria Rudolph

Just about 55 years passed since seven year old Maria Rudolph vanished from her Illinois street while playing with a friend.  And now, former police officer, 72 year old Jack McCullough A/K/A Jack Tessier stands convicted of it.

In all of the cold cases I've seen or been a part of, there is a pattern.  First the police investigate the case and develop a list of suspects.  No one can identify the killer or there's simply not enough to charge the person, but the police still have their suspicions.  The police collect physical evidence from the crime scene and bring it to a lab, where it sits.  It waits for the advent of DNA technology and then for DNA technology to improve.  Then, it waits for a government grant to fund the testing of all those old cold case materials.  Then, it waits for an interested cop or a determined victim's family to push the re-opening of the investigation.

The items of evidence are tested and a DNA sample is found on sheets, underwear, or a murder weapon.  The sample is sent to a statewide and national databank of convicted offender's DNA.  A match is uncovered and now the police have their suspect.  Sometimes it confirms their earlier suspicions and sometimes it turns the investigation in a completely new direction.

The police then interview the new suspect.  The interview runs in three stages:

1) The police ask the defendant if he was ever at the address where his DNA was found or if he knew the victim.  The suspect denies being there or knowing the victim.  The police show a picture of the item with his DNA on it and the suspect denies any knowledge of it. 

2) The police pull out the DNA report and show it to the suspect.  The suspect then says he forgot.  He was at the house before.  Or that he knew the victim.  He just forgot.  But no, he never killed her and if they had sex it was consensual.

3) The police begin going through the incriminating DNA evidence piece by piece and the suspect's story changes each time he learns about a new piece of evidence.  It changes to make everything appear innocent.

Then, he's arrested and charged with murder.  As a prosecutor, I use his DNA, the crime scene photos, and his ever-changing statements to prove my case.  That's how they most typically work.

Which is what surprised me about the Maria Rudolph case.  There was no DNA evidence.  It was based on an identification from 50 years ago and two people calling McCullough's alibi into question.  One of them was his mother, who died eight years ago.

Here is the reported proof:  Maria Rudolph and her friend were approached by a man her friend identified as "Johnny".  The friend left the two alone to grab a doll and when she came back Maria was missing.  The friend identified McCullough as the "Johnny" that approached them.  She identified him over 50 years later.  At the time, McCullough, going by Jack Tessier then, was a suspect.  But his mother provided an alibi.  Mom on her deathbed in 1994 claimed that she knew McCullough killed the girl.  Lastly, McCulllough's girlfriend at the time found an unused train ticket in his pants.  It was the train he supposedly was on that gave him his alibi.

All compelling and incriminating evidence.  But enough to sustain a murder conviction?  Especially since his mother was no longer around to tell us what she really knew?  It was enough for this Illinois judge who found then 17-year-old McCullough guilty of murdering and kidnapping Maria Rudolph whose body was missing for five months in 1955.  McCullough waived his right to a jury trial and allowed a judge to decide the case.  I wonder if the result would have been different with a jury.
For more on the case, check here, here, and here.

Cold cases are extremely difficult to try.  Witnesses memories fade.  Witnesses disappear or have died.  Evidence is lost over time.  Police procedure switches.  Any cold case conviction is the result of exceptional work by the police and prosecutors.  There is no better feeling than telling a grieving family, who has waited decades for answers, that the killer has been caught.  Well, maybe the better feeling is when the killer is convicted.

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A College Murder

Domestic Violence is one of the most difficult crimes to prosecute.  I have successfully navigated through the prosecution waters without a stint in a domestic violence bureau.  To be honest, it's something I've avoided.  I've only handled one domestic violence case, a murder, where the husband claimed he stabbed his wife because she was going to leave him.  It was an extreme emotional disturbance defense, but the case never went to trial.  The husband killed himself in jail before the trial began.

But many of my cases are DV related.  Many of my witnesses have open DV cases.  Violations of orders of protection abound.  The issue with DV cases from a prosecution standpoint is that most of the victims want to drop the charges almost immediately.  Every DV prosecutor I know reads the paper each day hoping that one of their victims is not the latest name on the homicide list.

In Virginia last month, an especially tragic DV case went to trial.  24 year old George W. Huguely, V, was accused of killing his former girlfriend, Yeardley Love.  Both were University of Virginia lacrosse players.  Alcohol was involved, as was a history of DV related behavior for Huguely.

The murder occurred in the late evening and early morning of May 2-3, 2010.  Ms. Love died of blunt force trauma to the head, as a result of Huguely striking her head against the wall during an argument.  Huguely claimed in an interrogation that they did have an argument, but that Ms. Love's head struck the wall accidentally.  The jury disregarded this claim, in part because the force needed to cause the injuries would be much more than an accidental hit to the wall.

Huguely was drinking all day long and went to her room to confront Love.  A damning piece of evidence was an email Huguely sent her a few days before the murder that read, "I should have killed you."  The email was in response to Love's alleged infidelity.

The case brought to the surface many issues that simmer below the radar on college campuses - alcohol abuse, violence, domestic violence reporting, and restraining orders.  It all culminated in the tragic and horrific death of a beautiful young woman and the imprisonment of a young man.

DV victims deserve every bit of help that we can give them.  Women, and men, should not have to suffer through abusive relationships and feel they are imprisoned by them.  They need to see the road out and given encouragement to take it.

The problem in some cases is victims and defendants can learn to abuse the system.  Once the cycle starts, and the police report is taken, it is easy to stay in it.

Jamison Koehler just posted a link demonstrating this.  A woman calls the police during an argument with her husband.  She tells the 911 operator, "I need to have this man out of my house.  I need to have him arrested."  I don't know more about that case to discuss about it, but it shows the problem.  A simple phone call to the police can create a chain of events that leads to a husband's arrest for DV assault and him taken to jail for a period of time.  Then, the wife can show up to court and ask to drop the case.  The next time he gets drunk, is out too late with his friends, or cheats on her she'll call the police and do it again.  The threat of a DV arrest is then used as a sword, not a shield.

I'm not saying this happens in every DV case.  In fact, I'd argue this is the exception, not the rule.  But it is the same problem as wrongful convictions.  Each wrongful conviction or arrest based on false charges undermines the credibility of the entire system.  It leads to jaded prosecutors, judges, advocates, and defense attorneys.  Where the first thought should be 'how do we help this women', it can become 'is she lying?'

It's a constant struggle in the minds of a DV prosecutor.  It's a constant threat in the subconscious of every prosecutor.  I have never had a witness harmed in a case, but the thought is always there.  When a witness wants to drop the charges, we always have to ask why.  Was it a threat, bribe, a lie from the beginning, or does the person just not want to deal with it?  Every wrongful conviction and invalid arrest negatively impacts valid arrests and credible convictions.  It creates higher hurdles for the prosecution and police throughout the investigation and trial.

As for Huguely, he was convicted of second degree murder and sentenced to 23 years in prison.  The jury had recommended 26, but the judge, who has the final say, imposed 23.  In New York, the jury is told not to ever think about sentencing in a case.  They cannot and do not provide a recommendation.  It shocked me when I researched this case to discover Virginia jurors do.  I like New York's system better.  Let the juries decide guilt or innocence only and let the judge decide sentencing.  

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The Gang Truce

I wanted to write about this story back in June when it first came out.  I'm glad I waited.

El Salvador is a deadly place.  Five gang murders occur a day, which is down from an average of twelve!  Two gangs have been terrorizing the country for years - MS-13 and Barrio 18.  These two gangs were formed in the United States in the early 80s and were imported to El Salvador as their members were deported from the U.S.

Drugs, money, and prostitution are the reason for the gangs.  The members control huge swaths of land with violence and bribery.  And apparently, they murder with impunity.

It's a different type of gang violence than we see in the United States.  The gangs run the land in El Salvador.  The police are even afraid to head into certain areas without a S.W.A.T. team for fear of not returning from them.  In the U.S., the gangs are not as organized or bold.  MS-13 and Barrio 18 are armed better and have more funding than the El Salvador government and therefore it is difficult to put a dent in their operations.  U.S. gangs make huge money from drugs and prostitution, but it is much more difficult to keep those profits when arrests and prosecutions occur.  Our government has money to make arrests and prosecute offenders.  We are able to seize proceeds of crimes.  We also have better weaponry than the gangs.

That is why everyone welcomed the news of a truce between the two gangs in the spring of this year.  Leaders of the gangs met with a bishop and an elected official and negotiated a truce to stop killing and stop recruiting.

There is one similarity to the U.S.  The gangs recruit young, impressionable boys and girls from impoverished neighborhoods.  They promise money, power, community, respect, and the hope of a better life.  All they have to do is carry a gun, sell some drugs, or rob someone.

In El Salvador though, it is join or die.

The truce begged two questions - could it last and was it true?  How many peace accords have we seen between the Israelis and the Palestinians?  India and Pakistan?  Yet the violence and threat of violence continues.  Tensions rise based on past slights.  Gang violence is a cycle of retaliatory murders and assaults until the line is so long that no one can remember how it all started.  All the members know is that they must hate and kill the rivals.

And so recruiting never stopped.  The truce seems like just a way for jailed gang members to negotiate a better lifestyle while incarcerated.  Maybe take a little heat off the gangs by the police and government for awhile.  Peace talks and promises of a truce have worked in the past to allow one side to believe in it while the other builds up their forces for an assault (Germany before WWII?).

Reports indicate that gangs in neighboring Honduras, who has the same problems but with a higher murder rate, are seeking a similar compromise.  But the discovery of those five bodies indicates that recruiting has not stopped.

What is the solution?  Citizens are clearly terrified of defying these gangs.  Children are conscripted into service.  Huge numbers of people are killed in a long running feud.  The government has to hope that the truce is in fact true, while at the same time continuing efforts to eradicate the gangs.  "Speak softly and carry a big stick," as Theodore Roosevelt said.

At least in the U.S., failure to join a gang does not always lead to death.  The key to stopping gang violence and membership here is a combined family training, community leadership, education, jobs, and criminal justice approach.  In Central America, it seems like military strikes are required to destroy the foundations of the gangs and then the infrastructure must be rebuilt forcing the gangs out.

But I do understand, it's easy to say from 4,000 miles away.  The threat of MS-13 and Barrio 18 in the U.S. is enormous and spreading daily.  These gangs cross the country and import drugs and the gang culture with it.  Dismantling them in their home will have an impact world-wide.  

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