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Callaloo 29.4 (2007) 1463-1465

Betty Toussaint
with Charles Henry Rowell

ROWELL: Why did you come to New Orleans?

TOUSSAINT: There is a need to rebuild New Orleans. That's why I came here. I have the time and the opportunity to make a difference through an organization known as Common Ground1 and I wanted to be a part of rebuilding New Orleans.

ROWELL: What specifically are you doing here?

TOUSSAINT: I am supposed to help out with some of the legal issues in New Orleans. One of the big problems that they're having is that there are a large number of defendants here who are not represented by counsel. Basically, we are just here to listen and to observe some of the conditions that exist in New Orleans, when it comes to the criminal justice system. I participate in different rallies and I serve as a legal observer. I also take notes of what's going on, in the event that that observation would be needed in the future.

ROWELL: And what have you found extraordinary in this process?

TOUSSAINT: I have observed that the Constitution provides free representation to those defendants that cannot afford counsel, but here defendants are not given counsel through the Public Defender's Office. That's outrageous to me.

ROWELL: Have you inquired as to why?

TOUSSAINT: Basically, there just isn't enough funding for Public Defenders in this area. The government or the state is required to provide people with legal counsel if they cannot afford it.

ROWELL: But if they don't provide the people with legal counsel, aren't they violating federal law?

TOUSSAINT: One could imply that that's the case if individuals are not receiving the assistance from the Public Defender's Office before they enter into a plea or do anything [End Page 1463] in the criminal justice system. That has been a serious concern for a lot of people, including myself.

Some of the other projects that we've been working on are writing complaint letters based on observations that we've made, conversations we've had with people who have been locked up and who have discussed certain conditions they have experienced within the jail such as overcrowded facilities. I have heard complaints from individuals who were left behind during the storm. I have read letters from people. Letters are being compiled just to memorialize that occasion so that things can be done in the future to make sure that that doesn't happen again to anyone. I have listened to stories from different individuals, from citizens about being arrested for petty crimes such as jaywalking. Some of them have been harassed by the police officers in this area. I've heard of different individuals just now complaining about getting arrested for petty things. There is another outrageous problem. There is a common belief that a lot of these offences that officers are arresting individuals on are based on the fact that there is a need to receive income by way of fines for these infractions or criminal offences. Many of these defendants either have the option of paying a fine or going to jail for a couple of days. Most, obviously, will pay the fine which provides revenue for the city to compensate for the lack of revenue as a result of individuals having left the area.

ROWELL: You are an attorney yourself?

TOUSSAINT: I am.

ROWELL: What is your impression of New Orleans—that is, the New Orleans you've seen?

TOUSSAINT: It just feels backwards.

ROWELL: What do you mean by that?

TOUSSAINT: The whole criminal justice system scares me. I would not want to be caught up in the criminal justice system here. I just don't think your rights are protected. I've heard of individuals not being allowed to make a phone call, and about individuals not being provided with meals—just different things that really bother me about the situation here. I think more needs to be done to rebuild the city as opposed to...

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