Is it a Crime to be Deaf?....in Brazoria County, Texas
May 1, 2007
To Whom It May Concern:
To Whom It May Concern:
I hope that you can/will assist us in stopping the mistreatment of deaf people by various local law enforcement officers/agencies. It has been brought to our attention that many deaf citizens experience similar challenges with officers We need your assistance in conveying to the law enforcement and to the deaf community that they do have civil rights and should speak out about such encounters. If you’re interested, we would like to discuss these and others issues with you in detail. If you have any questions, feel free to contact us.
We are requesting a full investigation of the law enforcement agencies/officers involved in the following situation. This client remains devastated and believes that a number of her Constitutional and Civil rights have been violated.
· Failure to provide effective communication
· Sexual abuse/harassment
· Unlawful imprisonment
· Misuse of authority
· Cruel and unusual punishment
· Failure to assist during an Emergency
A 19 year old Hispanic deaf woman who was assaulted by her brother who was drunk. She uses sign language to communicate and does not speak. She tried to summons help by calling 911. As indicated by the police report, she was crying when she dialed 911, then hung up the phone.
Shortly after, PD arrived. Her brother told officers that "she is crazy. " He told officers that she tried to stab him with a knife. The client was still crying her bedroom. When the officer came into her room, she tried to communicate what happened to her. Meanwhile, the brother was yelling that "she is crazy", and said she tried to stab him. She began motioning to the officer to get her an interpreter so she could explain. The officers did not try to communicate with her, they believed her brother (who is on probation and previously ID by the police as a member of several gangs). The officers cuffed her hands behind her back. She was charged with assault with a deadly weapon. She said she became more frantic and tried more vigorously to communicate, but could not because her hands were behind her back.
She was taken to the police station. Once there, she said she kept trying to indicate to them she needed an interpreter but no one would communicate with her. She said she was stripped naked in the presence of 3 male officers and one female officer. While the female officer straddled her body and retrained her hands. The older male officer performed a cavity search. The client said that he put on a glove and inserted his fingers into her vagina. She became very upset.
She was then moved to the County Jail, again she tried to convey to them that she needed an interpreter, but no one addressed her communication needs. police Officers reported to jail staff that she (the client) is crazy. She says her clothes were taken from her. She remained naked in a jail cell where there was no bed and she had to sleep on the floor. three days later, she was moved from the isolation cell and placed into another cell with a bed.
When I met with this client on Thurs. April 12, 2007, she was very depressed. She said on Wed. the 11th, a psychiatrist came to talk to her with an interpreter. She says has been asking jail staff for an interpreter, but no one will call one. One trustee has minimal "finger-spelling" skill and is very difficult to understand. When I asked her what she spends most of her time doing in jail, she says she tries to think of different ways to kill herself. She appeared to be very depressed. She indicates that she is very hurt and angry. She said she called 911 so they could come to help her, but instead, she was arrested and put in jail.
She says that its been one week since her arrest and detention and she still has not been provided effective communication, nor has she ever been given an explanation as to why she was arrested and does not know when she will get out. As she explained her situation to me, she showed me the bruises on her arm from where she had carpet burns as a result of her brother throwing her on the floor. I asked if she had shown the bruises to the officers when they responded to the 911 call. She said they would not listen to her, therefore, she did not have an opportunity to show them the bruises. She asked me how long she had to stay in jail. I told her I would find answers for her.
Shortly after I left the Jail, I called the social worker for people with disabilities, at the jail. I asked if I had understood the deaf client correctly: “was she naked and placed in isolation from Thursday to Sunday?” She said yes I had understood correctly. When I asked why, she said it is because "she has psychiatric issues." I asked how was that determined, she said the police told her. When I asked if she had spoken with the client, she said no she had not---the deaf clients' detention is on what police reported about the client. The social worker quickly added, "last time she was here, we kept her in isolation for 5 days." I asked her why, she said because the client refused to talk with her. I asked if she (the social worker) knew sign language, she said no. I asked if she tried to communicate with the client using a sign language interpreter. She said they didn't need an interpreter because ---at that time there was an inmate who knew some sign language and they used her....and the client still refused to communicate. She added that they now have a staff person who signs.
That same afternoon, I met with the District Attorney (who requested my assistance in seeking resources for this client). I asked how long the client would be in jail. She said she had no idea, but the client had been appointed an attorney. I informed her that no one from the police department or the County Jail had ever spoken to the deaf woman about why she called 911, nor has she ever been provided effective communication. After discussing these issues with the District attorney, I suggested the charges be dismissed based on my 3 hour conversation with the client. She agreed. Again, I asked when she would be released. She said not until she had a place to go. I asked if all women were detained in jail until they had a place to live. She said no. I reminded her that she could not be detained in jail because she will not be returning home and happens to be deaf. The next morning the charges were dismissed and the client was dismissed from jail.
Detra Stewart
Advocate for the Deaf/Hard of Hearing
CommAccessNow2@yahoo.com
VP - 713-807-1176
Brian Determan
Deaf Advocate for the Deaf/Hard of Hearing
CommAccessNow@yahoo.com
VP -713-807-1176
We are requesting a full investigation of the law enforcement agencies/officers involved in the following situation. This client remains devastated and believes that a number of her Constitutional and Civil rights have been violated.
· Failure to provide effective communication
· Sexual abuse/harassment
· Unlawful imprisonment
· Misuse of authority
· Cruel and unusual punishment
· Failure to assist during an Emergency
A 19 year old Hispanic deaf woman who was assaulted by her brother who was drunk. She uses sign language to communicate and does not speak. She tried to summons help by calling 911. As indicated by the police report, she was crying when she dialed 911, then hung up the phone.
Shortly after, PD arrived. Her brother told officers that "she is crazy. " He told officers that she tried to stab him with a knife. The client was still crying her bedroom. When the officer came into her room, she tried to communicate what happened to her. Meanwhile, the brother was yelling that "she is crazy", and said she tried to stab him. She began motioning to the officer to get her an interpreter so she could explain. The officers did not try to communicate with her, they believed her brother (who is on probation and previously ID by the police as a member of several gangs). The officers cuffed her hands behind her back. She was charged with assault with a deadly weapon. She said she became more frantic and tried more vigorously to communicate, but could not because her hands were behind her back.
She was taken to the police station. Once there, she said she kept trying to indicate to them she needed an interpreter but no one would communicate with her. She said she was stripped naked in the presence of 3 male officers and one female officer. While the female officer straddled her body and retrained her hands. The older male officer performed a cavity search. The client said that he put on a glove and inserted his fingers into her vagina. She became very upset.
She was then moved to the County Jail, again she tried to convey to them that she needed an interpreter, but no one addressed her communication needs. police Officers reported to jail staff that she (the client) is crazy. She says her clothes were taken from her. She remained naked in a jail cell where there was no bed and she had to sleep on the floor. three days later, she was moved from the isolation cell and placed into another cell with a bed.
When I met with this client on Thurs. April 12, 2007, she was very depressed. She said on Wed. the 11th, a psychiatrist came to talk to her with an interpreter. She says has been asking jail staff for an interpreter, but no one will call one. One trustee has minimal "finger-spelling" skill and is very difficult to understand. When I asked her what she spends most of her time doing in jail, she says she tries to think of different ways to kill herself. She appeared to be very depressed. She indicates that she is very hurt and angry. She said she called 911 so they could come to help her, but instead, she was arrested and put in jail.
She says that its been one week since her arrest and detention and she still has not been provided effective communication, nor has she ever been given an explanation as to why she was arrested and does not know when she will get out. As she explained her situation to me, she showed me the bruises on her arm from where she had carpet burns as a result of her brother throwing her on the floor. I asked if she had shown the bruises to the officers when they responded to the 911 call. She said they would not listen to her, therefore, she did not have an opportunity to show them the bruises. She asked me how long she had to stay in jail. I told her I would find answers for her.
Shortly after I left the Jail, I called the social worker for people with disabilities, at the jail. I asked if I had understood the deaf client correctly: “was she naked and placed in isolation from Thursday to Sunday?” She said yes I had understood correctly. When I asked why, she said it is because "she has psychiatric issues." I asked how was that determined, she said the police told her. When I asked if she had spoken with the client, she said no she had not---the deaf clients' detention is on what police reported about the client. The social worker quickly added, "last time she was here, we kept her in isolation for 5 days." I asked her why, she said because the client refused to talk with her. I asked if she (the social worker) knew sign language, she said no. I asked if she tried to communicate with the client using a sign language interpreter. She said they didn't need an interpreter because ---at that time there was an inmate who knew some sign language and they used her....and the client still refused to communicate. She added that they now have a staff person who signs.
That same afternoon, I met with the District Attorney (who requested my assistance in seeking resources for this client). I asked how long the client would be in jail. She said she had no idea, but the client had been appointed an attorney. I informed her that no one from the police department or the County Jail had ever spoken to the deaf woman about why she called 911, nor has she ever been provided effective communication. After discussing these issues with the District attorney, I suggested the charges be dismissed based on my 3 hour conversation with the client. She agreed. Again, I asked when she would be released. She said not until she had a place to go. I asked if all women were detained in jail until they had a place to live. She said no. I reminded her that she could not be detained in jail because she will not be returning home and happens to be deaf. The next morning the charges were dismissed and the client was dismissed from jail.
Detra Stewart
Advocate for the Deaf/Hard of Hearing
CommAccessNow2@yahoo.com
VP - 713-807-1176
Brian Determan
Deaf Advocate for the Deaf/Hard of Hearing
CommAccessNow@yahoo.com
VP -713-807-1176
13 comments:
So what happens next? this is total injustice.
omg. how is this poor woman faring now?
We need a follow up on this story. Did the police department show any remorse for their irresponsible and unlawful actions? Have they taken any steps to educate the cops how to deal with deaf people and understand their rights under ADA? What are they doing to avoid making these egregious violations of a deaf person's rights again?
Is this poor woman seeking a lawyer for the violations of her civil rights? in 2007, there is absolutely no excuse for this behavior from the police. NONE!!
Has anyone contacted any of the news stations?? This needs to be publictized on TV..... Because this has not only happen here in Texas its happened in many other states!! I hope she can sue them big time!!
I am very angry about the whole incident occured in the first place.
Let's make the police department to face their official misconduct of deaf lady.
Robert L. Mason (RLM)
RLMDEAF blog
Two words... Marvin Zindler
If he gets involved, it'll be fixed quick!
I keep hear different story almost same thing like this. Police will look at hearing person, not deaf. The Police should hear BOTH sides, not just hearing only. When I hear this make me feel its unfair to deaf person who cant hear or talk, when they tried to commiuncate with police.
Need do something about this to prevent from happening again!
Dear the Deaf community supporters,
Our C.A.N.'s blog was moved to www.CommAccessNowTexas@blogspot.com.
Please check out this blog for the updates.
Thanks, the C.A.N. team
Correction: The new location of the Communication Access Now blog is actually commaccessnowtexas.blogspot.com.
I hope this situation gets rectified really soon. The police should apologize publicly to her and her family. The way the police treated her was so unfair.
This story is just one of many. I worked with a woman who was deaf that went to court several times for custody of her daugher. The court felt that she was not intrested in the welfare of her daughter because she never said anything. It wasn't until I became her advocate that she was given an interpreter and a voice. She got her daughter back. This happens way too often. It is reall sad that our society doesn't slow down enough to access these cases properly. I am sure that many are lost in the cracks at the expense of the person that is deaf. I hope that we can come together and put an end to this madness. We all have the right to be heard whether we can speak or not!
Email I received this morning...
Wanted you to see the info I received from Mike Merkel of the Alvin Police Dept. (The other side of the story). Wanted you to be aware of this.
Carolyn
----- Original Message -----
From: Mike Merkel
To: ckarbowski@houston.rr.com
Sent: Monday, May 21, 2007 11:24 AM
Subject: FW: Message Submitted Via The APD Website
Hi Carolyn,
I think that this series of emails explains the “other” side with some facts related to this case and the information that this advocate is presenting. I am going to try and send this email to the BCCL group listed on your email, but if I am not able to do so, would you please forward this email with the information. There are more details to this situation and I am concern that many advocates do not have all of the facts.
I will be happy to speak to anyone regarding this situation and our involvement with the 19 year mentioned in the article.
Thanks
Mike Merkel
(281) 585-7101
--------------------------------------------------------------------------------
From: Mike Merkel
Sent: Monday, May 21, 2007 9:03 AM
To: 'Tom N Marsha LeNeveu'
Subject: RE: Message Submitted Via The APD Website
Yes, you may let anyone that is interested know that they can contact me and I would be happy to discuss the details of any of the six arrests. It is sad that this advocate put out a story that is not accurate. If we are trying to help individuals that are deaf and who have an occasion to be handled by law enforcement personnel, then we need to educate and promote awareness with facts. The reports and evidence are more complete than the quick overview that I wrote to you, but this overview is public record and I can share the facts to set the record straight. I wish that the advocate would have called me to discuss the details of this individual’s arrest, so that I could have let her read the reports, see the knives and photos.
The important issue is that we should be working together to address the needs, issues and understanding of individuals with mental and physical challenges to minimize their exposure to the criminal justice system. This advocate did not use facts. Briefly, on 4/5/07, Amber’s mother and another witness named Matthew was in the home at the time that Amber stabbed her brother. The mother was communicating with her at the residence and the officers attempted to communicate with her without success. The Detention Officer Bean who was the first individual that she came into contact with at the jail has a deaf brother and has been signing to communicate with his brother for his brothers entire life; however, Amber refused to communicate with DO Bean. She was combative and also tried to hurt herself by scratching her face and arms. She stayed in the Alvin facility for a short period of time due to history of being combative, possession of knives and her attempts to hurt herself.
It would have be nice if the advocate would have taken the time to call me or visit with me prior to putting information on the internet that is not accurate.
Sincerely,
Mike Merkel
--------------------------------------------------------------------------------
From: Tom N Marsha LeNeveu [mailto:tommarshaleneveu@sbcglobal.net]
Sent: Sunday, May 20, 2007 2:44 PM
To: Mike Merkel
Subject: Re: Message Submitted Via The APD Website
Thank you. After many years in the fire service I knew my brothers in blue wouldnt be this way. Thanks for the truth. May I share an abbreviated version of this?
Tom LeNeveu
----- Original Message ----
From: Mike Merkel
To: tommarshaleneveu@sbcglobal.net
Sent: Sunday, May 20, 2007 2:26:11 PM
Subject: RE: Message Submitted Via The APD Website
Hi Tom,
Yes, I read this article and I am very disappointed that an advocate did
not do her homework prior to slandering the Alvin Police Department. I
have not talked to this individual; therefore, she does not have any
idea about the facts related to Amber. What is not mentioned in the
article is that Amber has been arrested 6 times from June 12th, 2006
until April 5th, 2007 and was combative and a weapon was in her
possession the majority of the times.
On 6/12/06, we responded to a complaint for Criminal Trespass on Amber
because she was back at a residence that she created a problem the day
before. When she was approached the officers, she was asked to step off
the porch, at which time she came off the porch swinging her arms like
she was trying to hit them and began running. She was taken to jail for
evading arrest. She was combative at the scene, on the way to jail, she
was kicking the interior of the vehicle trying to damage the vehicle and
was combative at the jail. After she was booked in the jail, the
officers could hear a knocking sound coming from the jail and she was
observed stabbing objects in the cell with a knife. When the officer
got the key and search her for a knife and the cell for a knife, they
couldn't find one. After a subsequent strip search by our female
officer (while under a blanket)held down by male officers, the female
officer found the knife inside Amber's vagina (Amber was combative the
entire time). The knife was submitted as an article evidence, in which
she was charged with criminal mischief for the damage to the jail cell.
She was arrested 8/27/06 for public intoxication after Amber's alleged
sexual assault on a 16 year old juvenile and a disturbance when the
family found out what was going on. She was combative at this time and
during a routine search at jail, she was charged with possession of
narcotic paraphernalia when a marijuana pipe and marijuana residue fell
out of her pants.
On October 09th, 2006, she was arrested again and was combative. At
this time, based on the prior discovery of a knife in her vagina and
paraphelalia, her clothing was searched by our female detention officer,
who found a knife in her panties.
She had another charge of evading arrest on 12/31/06 after Amber's
mother reported to the police that Amber had stolen her sister's vehicle
and left with a 12 year old female. She was arrested and combative
after being located that day at a local apartment complex.
On 1/26/07, Amber was arrested on warrants and upon being booked in by
the same female detention officer, another knife was found in Amber's
possession. The three warrants were cleared up.
On 4/5/07, we responded to an aggravated assault where Amber had stabbed
her brother on the left hand and he had a defense wound on his right
arm. The brother gave the officers the knife (part of our evidence
system) and she was taken into custody. Amber became extremely violent
on this occasion too. She was searched again by the same female officer
that searched her in June 06; however, there was not a body cavity
search done this time.
The reports are very detailed and I have just given you an overview.
For the record, the reports reflect Amber being deaf and describes
officer's efforts to communicate with her. At the scenes, normally her
mother was there and at the PD, detention officers and police officers
have communicated in writing. We have an officer who signs because of a
deaf sister and one of our detention officer's attempted signing with
Amber, who refused to communicate (he has signed for his younger brother
his whole life).
There is more information if needed; however, it frustrates me that
someone could write the article without being held accountable for the
facts.
Sincerely,
Mike Merkel
-----Original Message-----
From: Tom LeNeveu [mailto:tommarshaleneveu@sbcglobal.net]
Sent: None
To: Mike Merkel
Subject: Message Submitted Via The APD Website
Hello Mike Merkel,
You have a message via the contact form on the APD website.
Sender has been notified that a response will be sent
as soon as possible if one is required.
The contents of this message is as follows:
------------------------------------------------------------------------
---
Name: Tom LeNeveu
Email Address: tommarshaleneveu@sbcglobal.net
IP Address: 75.11.232.3
ISP:
Comments and/or Questions Listed Below:
------------------------------------------------------------------------
---
Have you read this article? Is it true?
http://commaccessnowtexas.blogspot.com/2007/05/is-it-crime-to-be-deafin-
brazoria.html
It has some awful stuff to say about a police department. It has been
said that it is your police department. I have a hard time giving
credence. I have not been able to confirm or deny this in a news paper
article or any where else. I am a fire fighter/ paramedic and believe
in my brothers that wear the blue. So do you have a little info you can
send my way?
Thanks
Tom LeNeveu
fireFighter paramedic retired.
parent of a Deaf teen ager.
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When I initially read this message I was appalled beyond belief that something like this could happen in 2007, but I'm glad read all the comments before responding. In this situation it's about mutual respect for all involved, the deaf individual as well as the police officers. If her rights were violated in any way something should be done to make sure this doesn't happen again not only to her but to anyone, because the police are expected to uphold the law not break it. But we as citizen also have a responsibility to to respect the police and their position.
It does not matter what crime(s) the young woman has been accused of the Alvin PD should have arranged for an impartial sign interpreter. A police officer or a family member is not impartial. The Alvin Pd is to be congradulated for having someone who can sign but it does not relieve them from following the ADA laws.
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