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Posts tagged as “Satana Deberry”

Sorority sisters and partners in law enforcement: Deberry and Davis discuss sexual assault

District Attorney Satana Deberry always wears a red beaded bracelet with a little white elephant. On its own, this might seem like an odd choice for a progressive Democrat. But Saturday, as a sea of red sweaters, Greek letters, and all forms of elephant decor filled the conference room in the Durham County Human Services Complex, the bracelet made a lot more sense.

The elephant is the unofficial symbol of the historically black Delta Sigma Theta Sorority, of which Deberry and Durham Police Chief C.J. Davis are both alumnae. The sorority’s Durham Alumnae Chapter hosted a panel discussion called “Sister to Sister: A Talk on Sexual Assault.” The discussion was moderated by fellow sorority sister Jasmine McGhee, who is special deputy attorney general and director of the Public Protection Section at the North Carolina Department of Justice. 

Jasmine McGhee (left) moderates a panel discussion with Police Chief C.J. Davis (center) and District Attorney Satana Deberry (right). | Photo by Erin Williams, The 9th Street Journal

Deberry lauded her sorority sisters and fellow panelists for their accomplishments, and emphasized the significance of them holding those positions as women of color.

“The chief and I are unicorns almost,” Deberry said. “It is rare that you are in a jurisdiction in which the chief of police and the district attorney are not just women, but black women.” 

She said that this is particularly significant in a conversation about sexual assault in a southern state, where sexual politics have been deeply intertwined with racial discrimination. The history of the American South is rife with the sexual exploitation of black women – free and enslaved – and their inability to access the protections of the criminal justice system. Deberry emphasized that the South is also a place where false accusations of sexual assault have been used to justify the lynching of black men.

Davis said, “Being an African American female in this work I think is quite relevant. I think we are lucky when we have African-American women who don’t just know what they are doing, but they can also make their work personal.”

According to Deberry, black women today are typically those who pay bail, visit people in jail or prison– and are increasingly incarcerated themselves. 

“To the extent that the criminal justice system has a customer, it’s black women,” she said. 

“But the dirty little secret of the criminal justice system is that black and brown women are also the people most likely to be victimized,” Deberry said. “And we are the least likely, especially when we are children, to be believed.”

In 2017 Youth Risk Behavior Survey of Durham Public School students, black high school students were nearly twice as likely as white students to report being raped; Latinx students were almost three times as likely.

The audience included educators, social workers, public health advocates, and survivors of sexual assault. Their questions ranged from what to do in situations when a child is sexually assaulted to how immigrants who are living in the country without legal permission should handle an assault.

Deberry responded that when survivors come through her office, she will not ask about their citizenship status. “It does not matter one bit to us,” she said.

Another audience member asked about the statute of limitations for criminal sexual assault in North Carolina. The panelists said that, unlike other states, there isn’t one. 

Before ending the talk, the panelists emphasized this issue concerns men and boys, too. 

“We talk about believing women and girls, but also talk to your sons,” Deberry said. While more than one in three women have experienced some form of contact sexual violence, almost one in four men have too, according to the National Intimate Partner and Sexual Violence Survey.

While the audience was mostly women, there were some men too — most notably Clarence Birkhead, the Durham County Sheriff. He was invited to say a few words to introduce the panel and he stayed until the end. “It is a really awesome team of law enforcement officials that you all have here in Durham, with me being right here with them working hand in hand,” he said. 

As the panel concluded, Deberry emphasized that her office is working with the Sheriff’s Office and the Durham Police Department to address sexual assault. The Special Victims Unit of her office now works closely with Chief Davis’ Special Victims Unit. 

“That has not generally been how it works,” Deberry said. “But that trust goes a long way in getting your cases dealt with.”

Durham accepts $1 million to clear sexual assault kit backlog

On Nov. 4, the Durham Police Department secured $1 million from the federal government to help clear the city’s sexual assault kit backlog.

In a unanimous vote, the City Council approved the Sexual Assault Kit Initiative grant. Since 2015, SAKI grants have been used to fund overburdened crime labs, test over 47,000 sexual assault kits across 35 states, and even help catch one of the deadliest serial killers in U.S. history.

Now, the Durham Police Department will use the grant to tackle its backlog of 1,711 sexual assault kits — the most of any jurisdiction across North Carolina.

***

In 2017, the North Carolina State Crime Lab began counting all untested sexual assault kits across the state, joining 36 other states that had audited their inventories. It discovered the largest backlog of any state in the country: 15,160 untested kits.

Nowhere in North Carolina was the problem larger than in Durham, where police found 1,711 kits from assaults dating back as far as 1988.

“It came as a shock that Durham had so many,” said Charlene Reiss, the Sexual Assault Response Team coordinator at the Durham Crisis Response Center.

The State Crime Lab noted that some of those untested kits may have been resolved in court or marked as “unfounded,” which means that police believed a crime didn’t occur. The rest of the kits — those that were never given a reason for remaining on the shelf — are marked as “other”.

Not only did Durham police find the largest backlog of untested kits, but they also harbored one of the largest portions of “other” kits — those that remained untested for no given reason.

Why, especially in a city as progressive as Durham, did sexual assault kits pile up?

Some factors were outside their control, police wrote in the 2018 SAKI grant application. The State Crime Lab changed their policies about which sexual assault kits were eligible to be tested, causing confusion among officers. And some of the kits in Durham police’s possession were connected to cases already resolved in court.

But police also found that some investigators didn’t know a sexual assault kit could be submitted. Other officers “overlooked sending it,” according to the grant application.

Those familiar with the backlog hesitate to blame police. “There are definitely things that fell through the cracks,” Reiss said. “But for many years, the State Crime Lab was so backed up that it took years to get results back.”

That’s when the State Crime Lab asked police jurisdictions to stop sending consent cases, or cases where both parties admit that sex did occur, according to Reiss.

“Testing that kit wouldn’t help in that particular case,” Reiss said. “In those situations, it doesn’t come down to proving whether or not sex happened; it comes down to proving consent. So a lot of things on the shelf in Durham were consent cases, and they were told not to send those.”

Now, as part of the effort to clear North Carolina’s backlog, the lab is asking police to send all their untested kits. Durham, with the support of its SAKI grant, is beginning to do that.

***

Durham police, prosecutors, and victim advocates agree that to tackle a backlog this large, they need help.

“Our office is already understaffed,” said Kendra Montgomery-Blinn, an Assistant District Attorney. “Right now, the older cases that are coming through — we’re just adding them on top of our duties. It’s too much.”

Each sexual assault kit costs about $700 to test, according to the North Carolina Attorney General’s office. With Durham’s 1,711 kits, that puts the cost of testing the backlog at nearly $1.2 million.

But that estimate doesn’t include the cost of the investigative work that often happens after testing.

“With such a large backlog … the DPD does not have the resources to investigate these backlogged cases and also focus on current cases,” the SAKI grant application says.

That’s why Durham police are using the grant to create a new investigative team: the Cold Case Unit.

The Cold Case Unit will have two full-time investigators dedicated to reopening sexual assault cases and a bilingual witness assistant to support victims through the justice system.

SAKI grant money is also going to the Durham Crisis Response Center, which will fund a new advocate to assist with calling victims. The District Attorney’s office will also hire a full-time prosecutor to bring cold case sexual assaults to trial.

District Attorney Satana Deberry is ready to reprioritize sexual assault in her office.

“Part of the reason that sexual assault is underreported is because people don’t feel comfortable coming to the justice system,” Deberry said. “It’s important for us to signal to the community that we take these things seriously.”

“We spend a lot of time talking about the violence in our community, but often we don’t talk about the violence against women and children,” she added.

The District Attorney’s office is now prosecuting three cold cases in which sexual assault kits were tested after years of sitting in the backlog. With the new hires from the SAKI grant, they expect more charges to come and a new energy behind the process.

“I think everybody in Durham was surprised when they did the inventory,” Reiss said. “But things have changed.”

Deberry agreed. “Now we’re cleaning up what this system may have let sit for a while.”

At the law school, the D.A. talks about law school

“Yeah, law school sucks a little bit, right?” Satana Deberry said to a room full of Duke law students. Her audience chuckled. 

The Durham district attorney spoke Thursday to Social Justice Lawyering, a class co-taught by Anne Gordon and Jesse McCoy, attorneys with backgrounds in public interest law. 

A graduate of Duke Law School herself, Deberry admitted that she told her parents after her first reading assignment that she was bound to flunk out. “Every word in those 10 pages was English, but together they made no sense,” she said.

The students she was addressing have experienced their own challenges in adapting to law school. 

Professor Gordon said that many wrote personal essays about how law school is much different than they expected. They entered with goals of pursuing justice and making a difference, but they feel “social pressure, pressures even from the (school) administration and faculty” to choose less civic-minded paths.

The district attorney said she could relate to that.

“Duke has a certain corporate bent that you may or may not know before you get here,” Deberry said. She also mentioned that the lack of diversity in student aspirations corresponds to a lack of diversity in the student body.  “When I was here – I don’t know how it is now – but there were only 12 black kids in my class,” Deberry said. 

While the Social Justice Lawyering class was racially diverse, Duke Law’s student body is actually not much different than 25 years ago when Deberry graduated. One student said there are only 16 or 17 black students in her graduating class of 223, while another, Ana Maganto Ramirez, said the numbers are about the same for Latinx students.

Deberry encouraged the students not to give up on their dreams of pursuing social justice. “Just be committed to whatever goal you set for yourself,” she said. 

“For me, I ended up in law school because I thought the Constitution was the most amazing thing I had ever read,” Deberry said. “I was like, ‘What?! We were guaranteed these rights? They are self evident? What? Who ever thought of that?’” 

She said she has dedicated her career to protecting those rights.

“My unwavering commitment has always been to justice,” she said. It sounds corny, but that is what I decided to do when I was corny. That is the benefit of being a kid. You’re like, ‘I want to uphold the Constitution of the United States doggonit!”

In the photo above, Durham District Attorney Satana Deberry speaks to students at the Duke Law School. Photo by Erin Williams – The 9th Street Journal

The spaces we occupy: Deberry urges Duke students to reflect on race and privilege

At a panel on public-private community partnerships, District Attorney Satana Deberry stood before a lecture hall of Duke students and introduced them to Durham — the real Durham.

“I’m going to take you on a little journey where we will talk about the challenge of our environment…where we live, and who gets to live here with us,” Deberry said.

The event was organized by Duke students from the Sanford School of Public Policy and the Nicholas School of the Environment. Its purpose was to bring together members of the community — public servants, activists, and academics — to discuss cross-sector methods for building a more equitable and sustainable Durham.

But rather than discussing the mechanics of public-private partnerships in her speech, Deberry decided to lay a foundation for the conversation by talking about race and privilege. She made it personal by encouraging Duke students — as Durham residents — to think deeply about the physical spaces they occupy in the community.

Deberry first described the Durham most Duke students know: An up-and-coming city filled with “renovated bungalows, walkable streets, and gleaming new apartments with those saltwater pools.” But she emphasized that those spaces are only for people who can afford an average rent of $1200 a month.

“You live in a space where a bank is willing to give you 700-times the loan that it once provided people who lived in that community just 10 years ago,” she said.

She explained that today’s downtown Durham has transformed drastically, not only in cost of living, but also demographically. When she went to Duke Law School in 1991, people viewed the city as rough and dangerous. In those days, she said, “if you came here to go to college at Duke, you were advised to never leave the confines of the university.”

But in the past decade, as rent prices skyrocketed and squeezed out minority residents, Duke students have been more willing to venture off campus. The Bull City has become a destination; people fly in from all over the world to watch films at Full Frame and hear music at DPAC.

“Now, you live in a physical space that sees you and the space you occupy as cool.” Deberry said. “It turns out that Durham was only a problem when black and brown bodies occupied those spaces.”

She paused for a moment to let that sink in.

Then, Deberry reminded her audience that even though she stood before them now as the district attorney, Durham’s image only changed when people who looked like her were driven out of downtown.

“I am one of those people. I’m black. I’m a woman,” she said. “Had I been sitting in a different space today, you may have understood me to be someone else. I’m not here to serve your food.”

As a black woman from the South, Deberry understands how seeing the word “negro” written on her birth certificate can impact the psyche. She understands what it was like to watch her childhood friends go through the criminal justice system and what it is like to be the great-grandchild of people born into slavery.

“What does it mean for someone who looks like me, with my history, to be D.A. in this community?” she asked. “What does it mean in a place where so many people who look like me are subjected to the vagaries of the criminal justice system?”

By sharing Durham’s history, Deberry helped her audience recognize the racial biases that underpin American institutions, especially criminal justice. Deberry saw that understanding as an essential precursor to any conversation about equity and sustainability.

“When I speak at Duke, I hope that some student hears it and uses it going forward,” Deberry said while reflecting on her speech. “I hope they hear me and recognize their privilege, especially in this community.”

Deberry says her reforms are starting to show results

Durham District Attorney Satana Deberry says many people mistakenly believe all crimes are the same, that if “somebody pees in your yard, they’ll come back and kill you the next day.”

The reality, though, is that “somebody who pees in your yard usually has housing issues, substance abuse issues, all these other things that are harder to deal with if you have a criminal record.”

In a wide-ranging interview with reporters and editors from The 9th Street Journal on Sunday, the new DA said her goal is to prioritize prosecutions of violent crime but show more restraint about prosecuting people for lesser crimes. She has implemented a policy that no longer seeks cash bail for most non-violent misdemeanors and low-level felonies. Her goal is to avoid penalizing people who cannot afford to pay. 

Satana Deberry at a lunch with editors and reporters from The 9th Street Journal. | Photo by Cameron Beach

Deberry says her reforms are beginning to show results. She says she has slashed average jail stays from 19 days four years ago to about five days in her first six months in office. She also has expanded programs to bring together victims and defendants to help them move forward. 

A former defense attorney and housing advocate, Deberry is part of a wave of progressive prosecutors hoping to address mass incarceration and racial disparities in the halls of justice. Deberry says it’s important to consider the consequences of giving people a criminal record. 

“A criminal record is a huge barrier for people,” she said. “We want to think about when we create criminal records for people why we do and then focus our resources on the most violent crimes that are happening in Durham.”

Her first six months have brought a lot of turnover: about half of her office has been replaced since she beat incumbent Roger Echols. She said she interviewed everyone in the office and gave them all the chance to talk to her. Some chose to leave. Others chose to stay, didn’t like her work and later left. 

After graduating from Duke Law School in 1994, Deberry became a criminal defense attorney. She hated prosecutors. Now, she’s one of them. 

“If a prosecutor told me the sky is blue, I would have to walk outside because I would think they lied,” Deberry said. 

Given her background and approach to systemic discrimination, she was skeptical when people pushed her to run for district attorney. She decided to run after doing research and concluding that it was possible to put more emphasis on prosecuting violent crime and helping victims. 

She says she’s reorganized the office to create more specialization among the prosecutors. Her office now has six teams, including a homicide and violent crime unit, so prosecutors are more fluent in the law and “intelligence” around their topic. Other teams include a drug and property crime unit, a traffic team and a special victims unit. 

One of the challenges Deberry’s reorganized office has faced was grappling with a homicide backlog of nearly 100 cases. In her first half-year in office, she closed 22 cases, 15 by getting guilty verdicts, according to a report from her office.  

But she said there was heartache from other cases that her office had to dismiss because of a lack of evidence. That was particularly hard on family members of people killed and it can undermine confidence in the office. 

Deberry said she also wants to continue to expand its restorative justice efforts that unite victims and defendants in hopes of healing. 

“Every defendant is a member of our community. Whether they go to prison or not, at some point they return to our community,” Deberry said. “So how do we repair this violation so people are able to move on with their lives even after they’ve been held accountable?”