Browder in October 2014
May 25, 1993|
Bronx, New York
June 6, 2015 (aged 22)|
Bronx, New York
|Cause of death||Suicide by hanging|
|Alma mater||Bronx Community College|
Kalief Browder (May 25, 1993 – June 6, 2015) was an African American man from The Bronx, New York. In 2010, at the age of 16, Browder was accused of the theft of a backpack and its contents including a camera, $700, a credit card, and an iPod Touch. Awaiting trial, Browder was imprisoned on Rikers Island for three years with significant time in solitary confinement. He was released when the prosecutor's case was found lacking in evidence and the case's main witness was found to have left the United States. Two years following his release from prison, Browder died by suicide, hanging himself from an air conditioning unit outside of his mother's home. Browder's supporters say his suicide was the result of mental and physical abuse sustained in prison. His case has been cited by activists who call for the reform of the New York City criminal justice system, and attracted widespread attention in the years following his death. In 2017, Jay Z and Harvey Weinstein released the docuseries, Time: The Kalief Browder Story.
Browder was born to a drug-addicted mother and placed into the care of Child Protective Services at birth. Browder was the youngest of seven biological siblings and one of five of the siblings who were given up for adoption. Browder's adoptive mother was experienced in child care, having raised thirty-four children including fostered children, adopted children, and her biological children by 2015. The family lived in a two-story brick house on Prospect Avenue near the Bronx Zoo.
Browder attended the New Day Academy. Staff described Browder as very smart and a "fun guy". Browder said his report cards were "populated with Cs".
Eight months before the arrest that led to his imprisonment, Browder was charged with third-degree grand larceny. Police testified that Browder crashed a stolen bakery truck into a stationary car while joyriding. Browder was charged as an adult due to the former New York law to charge juveniles as adults. He pleaded guilty but later said he was only a bystander. Browder was registered as a youthful offender and placed on probation.
On May 15, 2010, Browder and a friend were apprehended by police on Arthur Avenue near East 186th Street in the Bronx. Browder said he was on his way home from a party. He thought the police were carrying out a routine stop-and-frisk; he had undergone this police procedure on a number of occasions.
Police officers were responding to a 9-1-1 call placed by Roberto Bautista, a Mexican immigrant, about the theft of a backpack containing a camera, $700, a credit card and an iPod Touch. In his call Bautista said, "Two male black guys...they took my brother's book bag..." Browder said to the attending police officers, "I did not rob anyone, you can check my pockets." The police searched Browder, but they did not find the backpack. Bautista was sitting in the back seat of a police car. He identified Browder and his friend as the thieves. He then said the theft had not taken place that night but two weeks earlier. Bautista's testimony of the date of the theft varied between interviews.
Browder asked the officers, "What am I being charged for?" He said, "I didn't do anything!" A police officer said to Browder, "We're just going to take you to the precinct. Most likely you can go home." Browder and his friend were taken to the 48th Police Precinct Station. They were fingerprinted and kept in a holding cell for a few hours. Then, they were taken to the Bronx County Criminal Court, where they were processed at the court's central booking.
Seventeen hours after the arrest, Browder was interrogated by a police officer and a prosecutor. The following day, Browder was charged with robbery, grand larceny, and assault. As he was on probation, Browder was not released. At Browder's arraignment, the charge given was second-degree robbery. Bail was set at $3,000. With a bail bondsman, the amount might have been $900 but Browder's family could not raise this amount, so he was imprisoned at Rikers Island. When his parents raised the money for bail, his bail was denied.
Browder was imprisoned at the Robert N. Davoren Center (R.N.D.C.) on Riker's Island. Preet Bharara, the United States Attorney for the Southern District of New York said that the R.N.D.C. had a "deep-seated culture of violence" where inmates suffered "broken jaws, broken orbital bones, broken noses, long bone fractures, and lacerations requiring stitches."
Browder said that inmates washed their own clothes with soap and a metal bucket, giving the clothes rust stains. Browder's mother began visiting every week and provided him with clean clothes and snack money. To avoid becoming a target among the inmates, he slept on top of his belongings, including his bucket. Browder said he felt the pressure to gain physical strength to defend himself from prison violence. He said, "Every here and there I did a couple pullups or pushups. When I went in there, that's when I decided I wanted to get big".
Browder was a victim of prison violence. On one occasion, he and other inmates were lined up against a wall. Guards wanted to find the instigator of a prison fight. Browder and the inmates were punched, one by one. Browder said, "Their noses were leaking, their faces were bloody, their eyes were swollen." The guards threatened the inmates with solitary confinement if they reported their injuries.
On October 20, 2010, a gang member spat in Browder's face. Later in the day, Browder punched the gang leader and then was set upon by fifteen gang members. On September 23, 2012, a film of Browder in handcuffs being assaulted by guards was recorded.
After a fight with an inmate, Browder was put in solitary confinement for two weeks. He later said, "He was throwing shoes at people. I told him to stop. I actually took his sneaker and I threw it, and he got mad. He swung on me, and we started fighting."
Altogether, Browder spent nearly two years in solitary confinement, mostly after fights with inmates. Browder later said that while in solitary confinement, he was beaten by corrections officers when in the shower. He said a verbal confrontation with a guard would escalate into a physical altercation. during his time in solitary confinement, Browder was allowed activities such as reading and also studied for the General Educational Development (G.E.D) exam.
Brendan O'Meara was appointed Browder's public defender. Browder always maintained that he was innocent. Although the assistant district attorney called Browder's a "relatively straightforward case", his trial was delayed by a backlog of work at the Bronx District Attorney's office.
Seventy-four days after his arrest, in July 2010, Browder was brought before a judge at the Bronx County Hall of Justice. The grand jury indicted Browder on a charge second-degree robbery. A second charge of punching and pushing Bautista was heard. Browder made a plea of "not guilty". Browder's family went to a local bail bondsman about the new charge but the posting of bail was denied due to Browder's prior violation of his probation.
On December 10, 2010, a potential trial date was made as prosecution and defense had submitted notices of readiness. Two hundred and fifty-eight days after his arrest, on January 28, 2011, Browder appeared in court. The prosecution requested a deferment of proceedings. Browder's record shows on June 23, 2011, the People not ready, request 1 week; August 24, 2011, the People not ready, request 1 day; November 4, 2011, the People not ready, prosecutor on trial, request 2 weeks; and December 2, 2011, prosecutor on trial, request January 3, 2012.
Browder's communication with O'Meara was mostly through Browder's mother. O'Meara said Browder was "quiet, respectful, he wasn't rude" but appeared "tougher and bigger" over time. Browder instructed O'Meara he wanted to go to trial. Browder was offered a plea bargain of 3.5 years in prison if he pleaded guilty. In June 2012, this amount was reduced to 2.5 years. Browder declined the plea bargain.
Browder's record shows on June 29, 2012, the People not ready, request one week; September 28, 2012, the People not ready, request two weeks; November 2, 2012, the People not ready, request one week; December 14, 2012, the People not ready, request one week. After 961 days in prison, Browder had appeared before eight judges. Browder later said, "these guys are just playing with my case".
On March 13, 2013, Browder appeared before a Brooklyn judge, Patricia DiMango. She offered Browder a plea bargain of immediate release for his admission of guilt to two misdemeanors with consideration of time already served. Browder refused the offer and was returned to prison. On May 29, 2013, DiMango freed Browder in anticipation of the dismissal of the charges against him one week hence. Bautista had returned to Mexico and could not give testimony against Browder.
After his release, Browder and his brother, Akeem, sought legal representation. A family member found the Brooklyn prosecutor, Paul V. Prestia. In 2011, Prestia had represented a Haitian man who had been arrested in the Bronx and was wrongfully imprisoned for eight days.
In November 2013, Browder filed a lawsuit against the New York Police Department, the Bronx District Attorney, and the Department of Corrections. Prestia put that there had been a malicious prosecution and the court had been misled as to whether the prosecution would ever be ready for trial. Prestia also put to the court that the prosecution knew they would have no witness when Bautista went to Mexico. The City of New York denied these allegations.
In 2014, Preet Bharara, the United States Attorney for the Southern District of New York took action against the City of New York for its use of "unnecessary and excessive force" on adolescents in Riker's Island. In January 2015, the New York City Council voted unanimously to end solitary confinement for inmates under the age of 21.
Education and employment
Soon after his release, Browder passed the G.E.D. exam. He then enrolled at the Bronx Community College (BCC). Browder participated in the City University of New York's "Future Now" program, which offered a college education to previously incarcerated youths. Browder completed 11 credits and finished his semester with a grade point average of 3.562. Due to depression, Browder did not attend college in the fall semester but re-enrolled in the spring.
On May 11, 2015, Browder submitted a paper titled "A Closer Look at Solitary Confinement in the United States" for which he was scored an "A." He wrote, "Solitary confinement should be looked at as a whole around the United States and even though changes toward the solitary confinement system have begun in some states, more needs to be done and addressed around the country. In a lot of jails and prisons there are a lot of living circumstances and practices that go on within that are not addressed that people need to shed light on like solitary confinement, for example. Maybe another form of punishment or segregation should be implemented to deal with inmates who break jail rules as opposed to inmates who cause severe harm to other inmates and correction officers because the mental health risk it poses are too great."
Browder worked as a tutor in mathematics for the G.E.D. exam at the BCC. He wanted to work to support his mother. Browder worked for a time as a security guard but was dismissed when his history of mental illness came to light. He also handed out flyers near Wall street. Browder said, "I see businessmen and businesswomen dressed in suits...I want to be successful, like them."
He attempted suicide in early 2011 and on February 8, 2012 when he tried to hang himself using strips of sheet tied to a ceiling light in the cell. Browder later said the guards goaded him to commit suicide. On another occasion, after an appearance before a judge, Browder made a sharp implement from the bucket in his cell and started to slit his wrists. An officer intervened.
After his release, Browder's symptoms of depression persisted. He said, "People tell me because I have this case against the city I'm all right. But I'm not all right. I'm messed up. I know that I might see some money from this case, but that's not going to help me mentally. I'm mentally scarred right now. That's how I feel. Because there are certain things that changed about me and they might not go back." He also said, "Before I went to jail, I didn't know about a lot of stuff, and, now that I'm aware, I'm paranoid. I feel like I was robbed of my happiness."
On June 11, 2015, mourners came together. A vigil lasting three hours was held near the Manhattan Detention Center. Mourners chanted, "Justice for Kalief". At the same time, a vigil was held on Rikers Island. People held up signs reading "Black Lives Matter".
On June 27, 2015, an event on Rikers Island was organized through Facebook under the banner, "March to shut down Rikers -- Justice for Kalief Browder! No to criminalization!" and the hashtags "#resist Rikers" and "#Shutdown Rikers". The event gained 500 Facebook responses. At the event, protesters held signs with the slogan "Black Lives Matter" written on them, photographs and paintings of Browder. The New York City Police Department and the Department of Corrections responded in a peaceful manner.
On October 14, 2016, Browder's mother, Venida Browder died of complications of a heart attack. Prestia said, "In my opinion, she literally died of a broken heart" because the "stress from this crusade coupled with the strain of the pending lawsuits against the city and the pain from the death were too much for her to bear." Akeem Browder shared similar thoughts, saying, "My mother has been holding herself strong, but she's heartbroken."
Browder's estate continued his action against the City. Browder's brother, Akeem, told BuzzFeed News, "We go back to court on March 21 . Judge is probably going to do what they've been doing — which is prolonging. It's a game that they play".
In 2015, in Davis v. Ayala, the US Supreme Court Justice, Anthony Kennedy cited Browder's case. He said, "There are indications of a new and growing awareness in the broader public of the subject of corrections and of solitary confinement in particular. See, for example, Gonnerman, "Before the Law", The New Yorker, October 6, 2014, p. 26 (detailing the multiyear solitary confinement of Kalief Browder, who was held—but never tried—for stealing a backpack); Schwirtz and Winerip, "Man held at Riker's for 3 years without trial, kills himself" New York Times, June 9, 2015, p. A18. ...These are but a few examples of the expert scholarship that, along with continued attention from the legal community, no doubt will aid in the consideration of the many issues solitary confinement presents. And consideration of these issues is needed."
In July 2015, the House of Representative, House Judiciary Committee, and House Judiciary Crime Subcommittee members John Conyers, Jr. and Sheila Jackson Lee sponsored and introduced bill H. R. 2875, the "Law Enforcement Trust and Integrity Act of 2015" and three other bills aimed at youth incarceration reform. One of the bills in the package was H. R. 3155, "The Effective and Humane Treatment of Youth Act of 2015" or "Kalief's Law", named in honor of Browder. The bill contained many measures, such as banning solitary confinement for youth inmates, prohibiting shackling and restraining of youth for court appearances unless there is sufficient justification, and requiring states to provide a speedy trial. It entered the introductory phase of lawmaking, and was referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
On January 25, 2016, President Barack Obama signed an executive order to ban the solitary confinement of juveniles in federal prisons. Penning an op-ed in The Washington Post, Obama cited Browder's case: "In 2013, Kalief was released, having never stood trial...He completed a successful semester at Bronx Community College. But life was a constant struggle to recover from the trauma of being locked up alone for 23 hours a day. One Saturday, he committed suicide at home. He was just 22 years old".
In October 2016, the New York City Correction Commissioner, Joseph Ponte, penned an op-ed in the Gotham Gazette stating that New York City will cease locking prisoners in solitary confinement if they are between 16 and 21 years of age. He wrote, "This is an unprecedented milestone in New York State correctional history and, even more important, across the nation. To date, no other city or state has accomplished comparable punitive-segregation reforms for the 19 – 21 year-old age group." Mayor Bill de Blasio said, "Today's announcement shows that New York City is leading the nation down a new path toward rehabilitation and safety. New Yorkers can be proud that their correctional facilities are pioneering these smarter, more humane approaches." This marked the implementation of the measure that New York City officials had originally voted on in January 2015.
On April 10, 2017, Governor Andrew Cuomo signed into law the "Raise the Age" initiative, which would send the majority of cases involving 16 and 17 year old defendants to the Family Court or be reviewed by judges with special training in social services.
On May 25, 2017 the corner of East 181 Street and Prospect Avenue in the Bronx was renamed "Kalief Browder Way" in his memory.
In the October 2014 issue of The New Yorker, Jennifer Gonnerman wrote an article about Browder.
In November 2014, Browder and Prestia appeared on The View, a morning talk show hosted by Rosie O'Donnell. On the show, Browder said his appearance on the show was a "good opportunity to get [his] voice heard". He also said it was difficult to speak about his experience in prison.
In March 2017, a detailed six part television documentary series produced by Jay Z and Harvey Weinstein was broadcast on the Spike television network. It was titled "Time: The Kalief Browder Story". Jay Z said, "I knew right there that [Kalief] was a prophet. Some of our prophets go with tragedy, Martin Luther King, it ends tragically. But what comes from it, the life, the next iteration, the lives saved, and how this young man has moved culture forward is incredible."
In an essay, the singer, John Legend wrote, "New York failed Kalief. The list of things that went wrong in his case begins with his first encounter with the NYPD, whose practice of targeting black teens is well documented. The idea that being accused of stealing a backpack would lead to his arrest and detention would be absurd if it weren't actually tragic."
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