Once arrested, these men must rely on investigation that focuses attention on their circumstances as well as on the question of their culpability. Working alongside lawyers assigned to represent them, the defense investigator must find and present the life that is hiding behind whatever crime is alleged. This work is often frustrated by overzealous prosecutors who lose track of the defendant as “human being.” But it is also buoyed by the opportunity to peel back so much societal branding and find a person who not only isn’t guilty as charged but is also not the devil he has been dressed up to portray.
This is a job I have had the privilege of doing for thirty-four years. Often enough, the men I have worked for have been found guilty in court. But sometimes the lawyer and I find irregularities in the charges or blatant mistakes in the witness statements. Other times the evidence presented by the police and prosecution is addled with reneged testimony or not enough surety about what really happened. Often enough, the person arrested did not do what he is charged with doing.
The most dispiriting results come when the defendant, after hearing his guilty verdict, quietly thanks us for helping and goes about his way. The life you watch depart is always a life that could have been saved.
This process of investigating the criminal cases of young black men reacting poorly to the lives they’ve been given to endure is always mind-blowing and sad. While most focus on the plight of the victim, it is the guilty defendant who suffers the deeper wound and most disturbing harm. To trace the lives of these young men is to journey into our society’s darkest behavior toward people of color. The ramifications of our neglect, racism and outright unkindness is played out every day in our criminal courts.
There are community organizations, individual angels, clergy and some government workers who are trying to reach these folks who end up in our jails and our prisons. More about that later. For now, this is just a shout-out to the defense investigators who believe deeply in what they’re doing.