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We have a jail intake problem. Recent reporting indicates that there are over 350 arrestees at a time waiting for multiple days to be processed at the Shelby County Jail—so many that there are not enough chairs for them. These are people who’ve been arrested but not convicted of any crime, people who are just waiting to be assigned a cell so they have a bed to sleep in. Over a quarter of them wait for over a week until they’re assigned a cell. Some wait more than two weeks. Some are sleeping in the showers, making it impossible for others to take a shower during this time.
Everyone involved agrees this is unacceptable, and officials are working on the problem. A related problem is that of jail overcrowding. Our 45-year-old, dilapidated jail--a jail with broken cell doors that don’t lock, and broken plumbing, electrical, escalators, and elevators—has a capacity of 2400 but currently has over 2900 people in it. This is also unacceptable.
When people ask why the overcrowding, officials give several reasons, including:
(1) delay by the state Dept of Corrections in picking up convicted inmates slated for transfer to state prison; and (2) the need to speed up the time cases take to be concluded over in court.
These are both significant factors. As to (1), I have previously suggested to state legislators a legislative fix, which I can elaborate on in a later newsletter. As to (2), I’ve long advocated for speeding up what we call “Time To Disposition”—the time it takes from Arraignment to conclusion of a case. This is something that judges, defense lawyers, and our office all should be mindful of. For a while now, I’ve been speaking publicly of how our office is using data to measure and improve Time To Disposition, and how we are cooperating with the General Sessions and Criminal Court judges to move things along. More needs to be done, but there has been progress. I can elaborate on that later too.
But we need to keep in mind two other factors in jail overcrowding:
(3) the delays in the jail intake process itself. The log jams are many and varied, but we’ve got to get a handle on them; and
(4) we must consider that there are people stuck inside the Jail for low and moderate level offenses who don’t really need to be there. People who can’t afford their bail, but aren’t really (i) a danger to the community or (ii) a flight risk. Those are the only two justifications for holding people who haven’t been convicted of a crime, no matter how much we may disapprove of the conduct for which they’ve been charged. The spike in jail population started last year, after two quarters of double-digit percentage drop in crime, and continues to today, after four more quarters of double-digit crime decline. That’s surprising, to say the least. (Remember—the crime decline started well before the jail population spike.)
Many say the solution is a new, bigger jail. But that won’t help in the short-term, and we need a remedy now. Working together, state and local government can solve this problem. But only if we consider all of the causes, not just some.
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Suspect in Deadly Shooting Remains in Custody After Court Hearing: A judge ordered Justin Howard to remain in custody without bond following a July 21 hearing in Criminal Court Division 7.
After our office argued the case, Judge Lee V. Coffee denied bond for Howard, who faces first-degree murder charges in the shooting death of George Harris on March 2. That night, officers responded to the 5400 block of Apple Blossom and found Harris shot to death in the driver’s seat of a Chevy Malibu. Four bullet holes pierced the driver’s side window.
Investigators spoke with the car’s owner, Harris’s roommate, who said he believed someone targeted him and that Harris was mistakenly shot.
Earlier that day, the car owner had argued with his ex-girlfriend, Kiauna Newsom, outside a store at Kirby and Shelby Drive. After leaving the store and returning home, Harris asked to borrow the car.
Chief Prosecutor Alanda Dwyer handled the hearing.
Man Held on Child Rape and Sexual Battery Charges After Preliminary Hearing: Uriel Hernandez remains in custody after a preliminary hearing in General Sessions Division 11. Our office successfully argued the case resulting in Judge Karen L. Massey finding probable cause to proceed on charges of Rape of a Child and Aggravated Sexual Battery. Hernandez, 19, will stay detained pending indictment, as he waived his right to a bond hearing.
During the hearing, the underage victim testified that Hernandez, her cousin, forcefully assaulted her in 2019 at their shared home. She was 9 years old at the time, while Hernandez was 19.
Assistant District Attorney William Wetter handled the hearing.
Man Held to State on Charges of Criminal Attempt: First-Degree Murder and Firearm Violations: After a successful argument by our office at a July 18 preliminary hearing in General Sessions court, the court found probable cause in an attempted murder case.
Leo Bearden faces charges including criminal attempt: first-degree murder, convicted felon in possession of a firearm, and possession of a firearm during the commission of a dangerous felony. The court set bond at $200,000.
The victim, a non-English speaker from the Republic of Senegal, required a Wolof interpreter provided through the University of Memphis. He suffered a gunshot wound that passed through his leg, necessitating surgery and a four-day hospital stay. He continues to use crutches, undergo physical therapy, and remains unable to work.
Assistant District Attorney Alexia Crump handled the hearing.
District Attorney Mulroy met today with local community advocates of the Justice & Safety Alliance Josh Spickler, Tikeila Rucker (left), and Cicely Sharp (right) to discuss ongoing collaborative efforts.
"We have been increasing the number of jury trials that we've done," Mulroy said on FOX13's Good Morning Memphis Thursday morning. "So '24 over '23 significant, about a 60% increase. We're on track to meet or exceed that so far this year. We're moving cases, especially our V11, our priority violent cases, out of general sessions and up to criminal court at a quicker rate." |FOX13 Investigates: Jury trials remain at steady pace in Shelby County| via FOX13
"You are not to have them in your stores, Mulroy said. "You are to get rid of these machines, and we reserve the right to seize them and do prosecutions." |Video lottery terminals subject to immediate seizure in Shelby County, district attorney says| via The Commercial Appeal
"We are still reviewing evidence. We've got some new evidence that we're reviewing. The case has been referred to us, and we expect to make a decision in the next week or two about whether to file charges," Mulroy said. |State board moves to decertify former Memphis officer accused of touching 15-year-old girl| via FOX13
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