An Airport Crime and Society’s Dirty Little Secret

by Susan Ashline

Read Part One

There is so much more to Darnell Jerome’s story – a secret often hidden out of shame; a secret that taught me an unforgettable lesson.

Darnell’s criminal case was so compelling that I wanted to write a story about it. When I met him last fall, he was respectful, engaging, and clearly very smart.

I wanted him to succeed.

When we’d talk on the phone after that, he was strong and encouraged, a fighter. I put my money on him.

All he had to do was show a federal judge at his April 21 sentencing that he’d found a job and was working hard, following the rules, and on a path to complete his higher education.

But I forgot about his sentencing. He was good at updating me about his case. Why hadn’t I heard from him?

Darnell’s crime was checking “no” on an employment-related form that asked whether he’d been convicted of a crime in the past 10 years. But he had been convicted of a crime. And for lying on the form, he could be sentenced up to five years in federal prison and fined up to $250,000.

The 20-year-old had been hired to work at a restaurant in the airport, and the form was for a security badge he would need to access his job, which was beyond a secure area of the airport.

“I just wanted a job,” Darnell told me.

Just one month before filling out that form, he’d been convicted of a carjacking and sentenced to probation. To avoid prison, he was ordered to go to school or get a job – not an easy task for someone with a felony.

A teenager living with his mother in a low-income neighborhood in Upstate New York, Darnell didn’t have money for school. He owed $200 for classes he’d taken at the local community college, and his admission was on hold until he paid it. He would have to find work.

And that’s when he was lucky to land the airport job.

For checking the “no” box, Darnell was found guilty in January of making a false statement, and the judge allowed him to remain free pending sentencing, but on the same conditions: he go to school or find a job.

“I have fingers crossed and God ahead of me,” Darnell told me.

Despite tallying all the dead-end applications he’d filled out, Darnell was upbeat.

“They’re not willing to hire me. It hasn’t made me get up and think differently any day,” he said, “other than keep trying. Not everyone is going to say no.”

I believed his sincerity.

Having missed Darnell’s sentencing, I went online to find details, but discovered something else –a troubling development, and a sad, hidden side to the story.

I found that Darnell had been ordered to appear before the judge on April 14. He’d had a court-imposed curfew of 7 p.m., and on March 28, he violated it. He’d gotten a speeding ticket at midnight. He also failed to tell his federal probation officer about the ticket.

The prosecutor petitioned the judge to put Darnell in jail until sentencing, arguing, “There are no conditions which would protect the public from further criminal actions.”

There were more documents. One showed that back in October, Darnell had also violated conditions of his release by failing to submit to a drug test.

I was wrong, naïve, and maybe a downright fool.

How many chances should one person get? I had backed Darnell’s seemingly sincere effort to walk the line. Now, I’d have to admit I’d made a mistake. The trouble finding work – I could understand. Beyond that, all he had to do was be home by 7 p.m.

Maybe my whole line of thinking was a mistake. I’d become a champion of criminal justice reform, posting away on social media about how drug addiction and mental health issues are to blame for a lot of criminal behavior, and that we need to help rather than lock away. But maybe “those people” are just that much more different than me. Maybe they are innately damaged and need to be blocked from society.

Then, I saw secrets that made me sad but gave me hope – hope for Darnell, and others.

There was so much more to the story. And someone cared.

Filed on April 13, 35 pages of documents by Darnell’s attorney, Assistant Public Defender Steven Slawinski.

Jerome is a paranoid schizophrenic.

Wrote Slawinski, “Jerome is a young man who began to manifest symptoms of schizophrenia in December 2014. Then, as a high school senior, he suffered a psychotic break in class, was hospitalized for several days at Strong Memorial Hospital… ”

He was treated in jail after being arrested for the carjacking.

“Jerome admitted himself to the hospital after a second episode where he was responding to external stimuli and was acting guarded and withdrawn,” wrote Slawinski.

He was hospitalized after being fired from the airport job.

A psychiatric report noted Darnell’s condition caused him to have poor insight and judgment. He was unkempt, depressed, and experiencing hallucinations. Suspicious of his own brothers, he’d attempted to go after them. He’d been starting fights with family and friends, which, the assessment noted, was “very out of character.“ During intake, he presented as confused, with a poor memory, and denied being on probation.

Darnell hadn’t seen his father in 14 years and had been waiting “with great anticipation” for him to come to the area, but when he did, they’d connected only a few times. This, the report states, contributed to his latest episode.

He was put on medication.

Slawinski argued that the government’s sentencing submission did not address how a few months of jail would protect or benefit Darnell or society.

“Instead, it substitutes scorn and fear for common sense and reason.”

It offered no solutions for making sure Darnell’s mental condition would not cause problems for him or society in the future, he wrote.

Slawinski pointed out the prosecutor never mentioned Darnell’s mental health, nor asked for any treatment follow-up.

It only asked for confinement.

“In its sentencing submission, the government calls Jerome ‘lazy’ because he stole a car during his robbery offense,” wrote Slawinski. In contrast, he pointed out that in county court, the state’s own prosecutor acknowledged Darnell’s mental health was a contributing factor to the crime.

Slawinski noted that county probation records flagged Darnell for participation in Mental Health Court more than a year ago; however, only as a result of his federal conviction was he finally recommended for Mental Health Court and actively participating, and had permission to go for the next year.

That’s where he’d been since April 3.

“The goal of this program is to stabilize Jerome and continue him on the path to mental wellness and being a contributing member of society, even with his paranoid schizophrenia. This can happen, but sending Jerome to prison would have the adverse effect of putting him back at square one when he is released.”

Slawinski stated the government had gone through exhaustive effort to “demonize” Darnell and portray his actions as much more sinister than they actually were. “Let’s be clear, though: Jerome’s administrative offense never posed any danger to anyone.”

He’d provided his driver’s license and social security number to airport authorities, and they checked his criminal record.

“Jerome was never even in any risk of getting a security badge that would have allowed him unfettered access to the airport,” wrote Slawinski. “He lied because he wanted a job as a short order cook.”

Slawinski called Darnell’s case “one of the least severe crimes to be heard in federal court.”

Darnell asked to be allowed to continue treatment in Mental Health Court. Slawinski additionally asked for two years probation to allow both federal and state courts to monitor Darnell, “as he matures and becomes a productive member of society while dealing with a mental illness that needs to be treated with medication and therapy.”

On April 26, the judge sentenced Darnell to six months of home confinement and three years of probation.

Darnell told me he found a job three weeks ago and was able to pay off his school debt so he can start attending classes in the fall.

He’s said he’s determined to do well in Mental Health Court. He’s still a fighter.

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How I Got this Rogue Judge off the Bench

[by Susan Ashline]

An Upstate New York judge is off the bench because I filed a complaint; even then, the body I complained to simply let him resign rather than take action.

Like other organizations that police themselves, the New York State Commission on Judicial Conduct is notorious for giving passes to their own kind.

The commission is tasked with investigating complaints of judicial misconduct, but of 11 members, 9 are judges and lawyers.

The majority of judges found guilty of the most heinous misconduct are merely “censured.” That means the commission sends out a press release naming them.

In this case, the commission allowed Livingston County (York) Town Justice Walter Purtell to resign after my complaint pushed him over the edge. Their press release says so:

“The judge was also apprised by the Commission in January 2017 that it was investigating a separate complaint regarding his conduct handling a recent arraignment.”

Purtell was the subject of a complaint in November; the commission brought my December complaint to him in January, which was the tipping point to his resignation.

I pat myself on the back, because a lot of people whined about his actions, but didn’t take steps to effectively address the issue.

Purtell violated the U.S. Constitution – not a small matter. Purtell is a retired state trooper, and in violation of the First Amendment, he illegally closed his courtroom for the arraignment of Danielle Allen, daughter of Purtell’s crony, State Police Troop E Commander Major Rick Allen. A State Police staffer then blocked the media and citizens from entering.

Courtesy: WHEC

The day the media were barred from the courtroom, media staffers called the administrative judge for the 7th Judicial District, Craig J. Doran. Doran’s response was to simply move the case to a different judge.

Doran took no other action. A judge had violated the constitutional rights of citizens en masse, and Doran simply transferred one of the judge’s cases.

So I filed a formal complaint with the Commission on Judicial Conduct [letter acknowledging my complaint.] On March 16, they sent me a copy of their decision, and a letter stating “in view of the judge’s resignation… the Commission has determined to close its file.”

At least that blight is off the bench.

People say if you think you can do the job better – go ahead and try.

I did. I ran for town justice years ago.

I just might do it again.

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Felon’s Job Search May Land Him in Prison

[EXCLUSIVE] by Susan Ashline


Darnell Jerome is looking for a job like his freedom depends on it.

That’s because it does.

The 20-year-old Rochester man faces up to five years in prison and a $250,000 fine for lying about his criminal record on an application related to his employment search.

“I just wanted a job,” said Jerome.

Sentencing is April 21 in U.S. District Court in Rochester.

Jerome was a teenager living with his mother in a low-income neighborhood in the Upstate New York city when he stole a car while displaying “what appeared to be a firearm.” In February 2016, he was sentenced to five years probation for attempted robbery in connection with the crime. To avoid prison time, he was ordered to go to school, or get a job.

Jerome said he’d completed one year of courses at the community college, but when he went to enroll for the fall semester, he was told there was a hold on his account. He owed $200. He would have to find work.

The Probation Department provided little help, said Jerome. “I was given a packet and sent to a meeting downtown. I honestly didn’t find it useful.”

Jerome said he downloaded a job search website to his phone and applied for the first job he spotted: a cook at Famous Famiglia Pizzeria in the airport.

“I was just thinking it’s a job at the airport. It’s going to help me get back to school and pay my bills,” he said.

He applied for it online. The restaurant was within Rochester city limits. Rochester has a “ban the box” law, making it illegal for employers to inquire about criminal history before the end of the first interview. Jerome’s prospective employer interviewed him over the phone and asked him to go the restaurant for orientation.

The restaurant was beyond a secure area of the airport.

Jerome attended orientation. He was hired and told to show up to work the next day. He was given an application to fill out for a security badge that would allow him access beyond the airport screening devices so he could go to work.

The security access form asked a series of questions, including if the applicant had been convicted of a crime in the past 10 years. Darnell checked “no,” though he’d been convicted of attempted robbery just one month earlier. The application indicated a conviction such as his would bar him from obtaining a security badge. Along with the application, Jerome provided federal authorities with identification and fingerprints.

He worked three months before a federal air marshal showed up at the Probation Office to question him.

Authorities charged Jerome with making a false statement. The penalty upon conviction: up to five years in prison and a fine of up to $250,000.

A spokeswoman for the U.S. Justice Department would not comment on the case.

An element of the crime is that the act was done “knowingly and willfully.” To secure a conviction, the prosecution would have to prove Darnell intended to check the “no” box.

During a January trial, the marshal testified Jerome had told him he was aware he checked “no.” The prosecutor showed images of items that airport restaurant employees could access after gaining security clearance.

“They were showing pictures of knives and cleaning chemicals, insinuating I’m a terrorist; that I would have access to get to passengers or get on the plane with them,” said Jerome. “I was like, really? Me? A terrorist?”

Jerome said his motives were not sinister. “My intention in filling out that application was to get a job.”

Jerome said he understands the importance of the security screening. “It is their duty to make sure every citizen boarding a flight is protected.” He added, “I’m not the person to be looked at. Despite my recent felony conviction, some people turn around. And I was obviously trying to turn over a new leaf.”

Jerome said he checked “no” accidentally, because he wasn’t reading the form carefully.

Rochester passed a “ban the box” law two years ago, but the federal security access application is an exemption. Rochester City Councilman Adam McFadden was instrumental in developing and passing the law. He said he suspects Jerome checked the box knowingly, but not because he’s a terrorist. McFadden said he knows how difficult it is for those with a criminal record to find employment. He said he personally knows many individuals whose criminal pasts continue to plague them during job searches for years, leading their lives down a path of ruin.

Jerome echoed those concerns. He said in the eyes of the eyes of the criminal justice system – he’s branded for life.

A jury convicted Jerome on January 10. Sentencing is set for April. Though the prosecutor argued for Jerome to be sent to jail while awaiting sentencing, the judge ordered Jerome to remain free, but on one condition: He goes to school or finds a job.

Jerome said he’s trying his best – considering accepting any type of work – and hopes to earn money to pay his school bill so he can go back to college.

“I’ve even asked my probation officer, ‘Is there any help? Are there any conventions? Do you know any places that are hiring?’”

He’s submitted more than 30 applications, he said.

“They’re not willing to hire me. It hasn’t made me get up and think differently any day, other than keep trying. Not everyone’s going to say no.”

Even if someone says “yes,” on sentencing day, that may no longer matter.

“I don’t know how it’s going to go April 21,” said Jerome, of the date he will appear in court to learn his fate. “But I have fingers crossed and God ahead of me.”

And, he has a plan.

“To show [the judge] I’m doing beyond good with my appointments at probation, and finding employment, and trying to figure out something with school. At least if I get that fine paid, I can show her it’s paid and I’m ready to go for the fall semester. Or, I’m willing to take summer courses.”

Jermone had one question before ending the interview.

“Do you know where I can find a job?”

Read the Update 
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Upstate NY Judge Illegally Closes Courtroom for Crony


Girlfriend pleads not guilty during closed-door arraignment for York stabbing case

The Daily News (December 2, 2016)

York Town Justice Walter Purtell violated the US Bill of Rights by closing his courtroom. The judge, a retired trooper, illegally closed court for the arraignment of State Police Major Rick Allen’s daughter.

Purtell’s seat is up for re-election in 2017. When he starts violating individuals’ civil liberties protected by the U.S. Constitution – time to leave the bench.

York Town Judge Walter Purtell Illegally Closes Courtroom

A closed arraignment

Reporters were initially held at the bottom of the stairs as the arraignment was going on in Purtell’s second-story courtroom.

A man who identified himself as a family liaison, and who was later identified by Purtell as a victim’s specialist with New York State Police, told reporters the courtroom was closed.

When asked in his courtroom whether he had closed Allen’s arraignment to media, Purtell nodded his head and said “yes.”

Allen was joined in Purtell’s closed courtroom by her defense attorney, Meyers-Buth; Livingston County District Attorney Greg McCaffrey; her parents, Sharon and Richard Allen; the two Livingston County Sheriff’s deputies who transported her to the courthouse; and, near the end of the arraignment, the man who identified himself as a “family liaison” and a bail bondsman.

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The Desperate and the Dead: Courts

A courtroom suicide shows the court’s unpreparedness to deal with mentally ill defendants.

The Boston Globe 

The Boston Globe Spotlight Team highlights how courts are ill equipped to handle defendants with mental illness.

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