The One That “Got Away”

The ugly side of the teary-eyed anecdote is the exception that proves the point. And yet, it’s that exception that’s always thrown back in your face, that makes the headline, that is held up as proof that an idea is wrong. Wrong, wrong, wrong. And who better to be that smug, if not particularly factual, source than the New York Post.

One of the jailbirds sprung by the Robert F. Kennedy Human Rights group already has a fresh warrant for her arrest — for skipping court Tuesday.

The foundation paid $750 to free Tamika West, 44, from Rikers Island on Oct. 3 as part of its controversial mass bailout program.

“Jailbird” is always a subtle way to let you know where they’re heading, particularly when they’re talking about a defendant who has not yet been convicted, and thus enjoys the presumption of innocence. Her bail was set at $750, an oddly low amount to reflect any serious concern and yet sufficient for someone without savings to get out.

West was caught red-handed on June 2 wearing sneakers she stole from a Brooklyn apartment, according to court papers.

How one discerns stolen sneakers from non-stolen sneakers isn’t clear, given that sneakers of a certain type tend to be fungible. But even so, that doesn’t mean she stole anything, that they weren’t given to her by someone else, and she had no idea that there was an issue.

West was caught red-handed on June 2 wearing sneakers she stole from a Brooklyn apartment, according to court papers.

And cops say she had a crack pipe on her when they arrested her, according to a criminal complaint.

Whether true or not, as cops occasionally claim a pipe in the vicinity was on the “person,” and whether a pipe was for crack or something else may be a fudged detail. That said, people use drugs. It’s not a good thing, perhaps, but it’s also not a good reason to warehouse them on the Rock, either.

But then she was out because of a “controversial” program. And HA! She failed to appear. Bail forfeited, warrant order. HA!!! And one was lost. Maybe, as she could still return, explain why she failed to make her court appearance, and have the judge restore her bail, but that’s not the issue.

It’s a black eye for the RFK charity, which plans to bail out hundreds of women, 16- and 17-year-olds regardless of their arrest histories or charges against them.

Some are charged with violent crimes including robbery, assault and attempted murder.

The group is also providing jailbirds with free MetroCards and cellphones so they can make it to court — but the gambit apparently didn’t pay off in West’s case.

In an earlier version of the story, it stated that West “couldn’t be bothered to show,” an assertion for which no basis in fact existed. It could be that she had no one to babysit a child, that she lost her MetroCard and had no way to get to court. It could be even more banal, that she forgot the date.

An unfortunate reality is that some people aren’t very good at being timely, diligent and responsible in the handling of their affairs. This isn’t a virtue, but it’s also not a crime. Not every defendant has a story that brings tears to your eyes, but that’s not why they should remain locked up. They make mistakes, something of a common thing among people who end up in the well. The hope is to improve upon it, not ridicule them for being who they are.

But this is still one person. One person of hundreds of people.

No one, including the nice folks who put up West’s bail, expected 100% compliance. It was always assumed that a few would be lost, whether because they intentionally absconded or just fell through the cracks of their lives.

And yet, this one person who failed to appear, even though the reason remains unknown (and the Post removed the offending “couldn’t be bothered” slur from its story), gets her own story, her own headline in the tabloid dedicated to turning any mistake, any flaw in the system, into the end of the world proof that only life plus cancer will save us from the evil on our streets. This is the same Post that does it’s “New York’s Worst Judge” cover when the inevitable nightmare happens.

No one in the system didn’t know this would happen. Of course someone would fail to show. More than someone. The goal is a 90% or better return rate, and it would not only save the city a fortune by not having to warehouse them, but would have a hugely beneficial salutory effect on the functioning of the system. Free defendants aren’t coerced to cop a plea to some petty offense just to get out.

The story isn’t Tamika West, and you can bet there won’t be a story in the Post if she shows up next week, explains her failure to appear and all is forgiven. The story is the hundreds who have and will show up, who would otherwise be sitting on the Rock, their children alone, jobs lost, lives made even more miserable than they were before. Some bench warrants were always part of the deal, even if the New York Post is gleeful about the exception to the rule. But the real story remains the rule, the hundreds who were cut loose and came back anyway.


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4 thoughts on “The One That “Got Away”

  1. DaveL

    If the worst example they could find was an accused sneaker thief who missed court, I’d call that a roaring success.

    1. ShootingHipster

      I look forward to Emily Saul and Max Jaeger’s next installment where they declare Parolee Employment Placement Programs a total failure because an ex-con failed to show up for work.

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