Ken Armstrong
@bykenarmstrong
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Reporter/editor @business . Ex: @ProPublica @MarshallProj @seattletimes . Co-author, Unbelievable. Law school dropout/honorary doctor. Perturbable.
Seattle, WA
Joined September 2010
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Three police officers went to an *elementary* school in Tennessee & arrested four Black girls.
One girl fell to her knees. Another threw up. Police handcuffed the youngest, an 8 yo with pigtails.
Their supposed crime? Watching some boys fight — and not stopping them. (THREAD)
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In Justice Alito’s draft opinion reversing Roe, he writes about “an unbroken tradition of prohibiting abortion on pain of criminal punishment,” up until Roe in 1973.
He cites, as historical authority, Sir Matthew Hale.
Let me tell you about Hale & his views toward women.
THREAD
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2/ The police wound up arresting 11 kids in total, using a charge called “criminal responsibility.”
The arrests created outrage. State lawmakers called the case “unconscionable,” “inexcusable,” “insane.”
So how did this happen?
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14/ One commissioner, who used to work in a post office, came up with the charge of “criminal responsibility for conduct of another.”
The problem? There’s no such charge.
These kids were charged with a crime that doesn’t exist.
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3/ These arrests took place in Rutherford County, which had been illegally jailing kids for years, all under the watch of Judge Donna Scott Davenport.
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5/ In this deposition, a lawyer asks Davenport about taking the bar exam.
It took her nine years and five attempts to pass.
Three years after she got her law license, she was on the bench.
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4/ Donna Scott Davenport is the only elected juvenile court judge the county has ever had.
She oversees the courts.
She oversees the juvenile jail.
She directed police on what she called “our process” for arresting children.
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8/ Under Davenport, Rutherford County locked up a staggering 48% of children whose cases were referred to juvenile court.
The statewide average was 5%.
This graphic shows detention rates for juvenile courts in Tennessee. Rutherford County is on the far right.
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12/ The police officer who investigated this fight was Chrystal Templeton. She wanted to charge every kid who watched. She believed charging them was helping them.
By the time of this investigation, Templeton had been disciplined at least 37 times, her personnel file shows.
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21/ To report this story, we filed 56 public records requests, got 38 hours of audiotaped interviews from an internal police investigation and watched >100 public meetings spanning 12 years.
For more on our reporting process, check out the methodology section at the story’s end.
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15/ Of the 11 kids arrested in this case, four wound up being jailed under the “filter system.”
The filter system was illegal. Yet it was written into the jail’s standard operating procedures for nine years.
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22/
@meribah
and I want to thank the children and parents who shared their stories with us.
You can can read the full investigation, published by
@ProPublica
and
@WPLN
, here:
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18/ The county’s illegal jailing of kids came to a stop only when a federal judge ordered an end to the filter system.
But the county is still jailing lots of kids.
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6/ Davenport describes her work as a calling.
“I’m here on a mission. It’s God’s mission,” she once told a newspaper.
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9/ Lynn Duke, appointed by Davenport, is the county’s head jailer.
Tennessee narrowly limits when kids can be locked up. But Duke had her own way: the “filter system.”
Her jail locked up any kid deemed a “TRUE threat.”
As for what’s a “TRUE threat,” her handbook didn’t say.
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7/ She says children must have consequences. She encourages parents to use drug-testing kits on their kids. “Don’t buy them at the Dollar Tree,” she says. “The best ones are your reputable drug stores.”
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17/ Judge Davenport declined to talk to us for this story. So did Duke and Templeton. So did the Department of Children’s Services.
In court records, Rutherford County has denied any wrongdoing.
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19/ When forced to stop jailing so many of its own children, Rutherford County ramped up its pitch to detain kids from other places.
The county charges $175 a day for each kid they jail.
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13/ To arrive at a charge, Templeton met with two judicial commissioners.
In Rutherford County, these commissioners wield great legal power. They can issue warrants, set bail and conduct probable cause hearings — all without needing a law degree.
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11/ Duke reports monthly to county commissioners, who liken the jail to a business and ask often about the number of beds filled.
“Just like a hotel,” one commissioner says in this video.
“With breakfast provided, and it’s not a continental,” says a second.
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16/ The Tennessee Department of Children’s Services licenses juvenile jails. It inspected Rutherford County’s jail every year. Not once did it flag the filter system.
“There was very little graffiti,” an inspector wrote one year.
“Neat and clean,” she wrote in three other yrs.
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10/ In a videotaped deposition, Duke was asked when the filter system applied. “Depends on the situation,” she said repeatedly.
A lawyer asked Duke, “Is it your policy or not?”
“No. Yes. It — it’s a policy to use it when necessary,” Duke said.
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20/ Check out this promotional video, narrated by Judge Davenport over saxophone music and B-roll of children in black-and-white striped uniforms.
It’s titled, “What Can the Rutherford County Juvenile Detention Center Do For You?”
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In
@Netflix
's
#Unbelievable
, Marie is a teen who reports being raped.
I was one of the reporters who first told Marie’s full story.
To me, Marie is not a character. She is someone who trusted me with her story, painful as it was.
Here are Marie’s and my thoughts on the show:
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After a Seattle police officer struck and killed a woman in a crosswalk, the police union's VP called the union president. He laughed about the crash, said the woman's life had "limited value," and said, "Yeah, just write a check."
@stimesmcarter
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10/ The jury convicted Amy Denny and Rose Cullender, after which Hale sentenced both women to hang.
Thirty years later, Hale’s handling of this trial, preserved in written record, served as model in Salem, Massachusetts, in the infamous witch trials of 1692.
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4/ To Hale, English gentlewomen were “the ruin of families.” Young women were a particular source of despair. They “learn to be bold,” he complained, and “talk loud.”
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8/ Hale’s words became a standard feature of criminal trials in the U.S.
As long as 300 years after Hale’s death in 1676, many an American jury would be cautioned with what courts called the “Hale Warning”: an instruction to be especially wary of false accusations of rape.
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9/ But that wasn’t Hale’s only legacy.
In 1662, at Bury St. Edmunds, Hale presided at the trial of two women accused of witchcraft. Hale instructed the jury that witches were real, saying Scripture affirmed as much.
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Been getting a lot of requests to update this thread. So...
Since we published our first story on the juvenile justice system in Rutherford County, TN:
One state lawmaker said she was “horrified.” Another called it a “nightmare.” A third labeled it “unchecked barbarism.”
THREAD
Three police officers went to an *elementary* school in Tennessee & arrested four Black girls.
One girl fell to her knees. Another threw up. Police handcuffed the youngest, an 8 yo with pigtails.
Their supposed crime? Watching some boys fight — and not stopping them. (THREAD)
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6/ Hale believed that for women, it was easy to accuse a man of rape. He believed that for men, such accusations were hard to defend, even if innocent. He advised that jurors be warned — explicitly, and at length — about the threat of the false accuser.
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7/ He came up with quite the list of factors for jurors to weigh. Jurors, he wrote, should consider: Is the woman claiming rape of “good fame” — or “evil fame?” Did she cry out? Try to flee? Make immediate complaint afterward? Does she stand supported by others?
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5/ I researched Hale while writing, with
@txtianmiller
, the book “Unbelievable.” The book was an extension of a story we wrote for
@propublica
and
@MarshallProj
called “An Unbelievable Story of Rape.”
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3/ Hale became Lord Chief Justice of England in 1671. In his views of women, he was not a forward-thinking fellow — *even* by the abysmally low standards of his era.
(Here's an illustration of Hale, from the National Portrait Gallery in London.)
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17/ The letter reveals a man about as cheerful as his portrait suggests.
Wrote Hale: “The whole constitution of the people of this kingdom is corrupted into debauchery, drunkenness, gluttony, whoring, gaming, profuseness, and the most foolish, sottish prodigality imaginable.”
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2/ The Alito draft says Hale “described abortion of a quick child who died in the womb as a ‘great crime’ and a ‘great misprision.’”
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14/ This letter was 182 pages long. When it came to advice, Sir Matthew Hale was full of it.
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11/ Hale is known for his legal treatises. But just as revealing is a letter he wrote to his granddaughters, dispensing individually tailored advice.
Granddaughter Mary, he wrote, needed to “govern the greatness of her spirit,” lest she become “proud, imperious and revengeful.”
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13/ As for granddaughter Ann, Hale perceived a “soft nature,” and therefore forbade plays, ballads or melancholic books, “for they will make too deep an impression upon her mind.”
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12/ Granddaughter Frances could make a good housewife, Hale wrote, provided she be “kept in some awe, especially in relation to lying and deceiving.”
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4 months ago, in Penn., a judge set bail for BLM protesters at $1 million each.
On Friday, a Seattle man charged with punching a police officer during the siege of the U.S. Capitol was released to fly home: No bond, no GPS monitor.
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15/ Young women, Hale wrote, “make it their business to paint or patch their faces, to curl their locks, and to find out the newest and costliest of fashions.” …
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16/ “If they rise in the morning before ten of the clock, the morning is spent between the comb, and the glass, and the box of patches; though they know not how to make provision for it themselves, they must have choice diet provided for them…”
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Idaho banned abortion. Then, it:
▪️ turned down $36 million in federal grants to support child care
▪️ disbanded a mortality review committee (making it the only state without one)
▪️ refused to expand postpartum Medicaid coverage
@audreydutton
@propublica
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A young mom with 4 kids—including twin boys, one with cerebral palsy, the other with autism and epilepsy—moves into a rental home near Milwaukee.
She’s been evicted twice before, so this, her new home, seems “a dream come true.”
She has no idea of the home’s history.
(THREAD)
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Manoo Sirivelu, on taking the photo below:
Three of the stunning images in this
@guardian
piece were taken by UT Austin student photgraphers:
@loriannejpg
, Charlotte Keene and Manoo Sirivelu. Great journalism is happening here.
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In Massachusetts, a high school journalist overheard a chat at a chorus fundraiser about school plans to reupholster auditorium seats on the cheap.
Six months later he published a 3,000-word story on his school's use of prison labor.
@elibhager
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10 years ago today, I was working a weekend shift
@seattletimes
when word came in of a landslide near a small town named Oso.
It turned out to be the deadliest landslide in U.S. history.
It also became an exhibit for why local journalism matters in a time of crisis.
1/
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The most predictable sentence in journalism is the last sentence in an obituary's 1st paragraph. Today, for Henry Kissinger's obituary, we have:
NY Times: "He was 100."
Washington Post: "He was 100."
Associated Press: "He was 100."
But Rolling Stone went for something different
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An assistant police chief in Kent, Washington, posted Nazi insignia on his office door, above his nameplate.
The oak leaves and diamonds signified the rank of “obergruppenführer" in Hitler's Schutzstaffel, or SS.
by
@stimesmcarter
@seattletimes
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I'm taking
@neilhimself
's online course on storytelling (it's sublime) and would very much like this quote as a poster.
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There was a bank robber in Portland.
No tellers saw tattoos on his face.
A police suspect had lots of tattoos on his face.
Police, before showing his photo to tellers, erased every tattoo.
Using Photoshop.
"Unbelievable," a law prof tells
@maxoregonian
.
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An Alabama woman, accused of stealing $40, died in jail from pneumonia. Instead of taking her to a hospital, jail staff treated her with an anxiety protocol that "includes suggestions like taking walks and yoga classes."
@AmyKingsley4
@aldotcom
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2/ For years, the judge at the heart of our investigation had taught a course on juvenile justice at Middle Tennessee State University.
Four days after our story, the university cut ties with her.
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Update: About an hour after
@propublica
posted this story, the judge announced that she plans to step down -- and will retire this summer rather than run for reelection.
The story has been updated with new details at the top.
@wpln
@meribah
@alexistmarshall
In Tennessee, some lawmakers are moving to oust a juvenile court judge profiled by
@propublica
@WPLN
.
Says one legislator, “How can we keep a judge in place who sees herself as carrying out God’s mission, rather than carrying out the laws of this state?"
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
17/ Two weeks ago I got a call, from Marie. She told me she had just watched the series. Watching it was hard, she said. “I did cry quite a bit,” she said. But she had decided she wanted to and was glad that she did. She called the show “excellent.”
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@BrettMmurphy
Given the severe gravity of the offense, his demand for 14 cents seems quite reasonable.
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@netflix
3/ I know, because I've read the real-life medical report. The scene is clinical, unadorned...and powerful.
Susannah Grant, the series' showrunner, wanted to capture how an investigation can become its own form of trauma. To do that, she let the facts speak for themselves.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
23/ For those of you interested in reading the full story, here it is:
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3/ The NAACP Legal Defense Fund called for a civil rights investigation. So did 11 members of Congress, writing:
“Tennessee’s children deserve to enjoy their childhoods without the fear of being unjustly searched, detained, charged, and imprisoned.”
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And if you want to know what's happened since this thread was posted in 2021 (outrage from national and state lawmakers; the judge decided not to run for reelection, etc.) here's a 2023 thread with updates:
Been getting a lot of requests to update this thread. So...
Since we published our first story on the juvenile justice system in Rutherford County, TN:
One state lawmaker said she was “horrified.” Another called it a “nightmare.” A third labeled it “unchecked barbarism.”
THREAD
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@JamesFallows
@seattletimes
print head attributes to Barr -- and adds critical context re/ exoneration (all in 5 words)
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An NYPD cruiser hit a Black teenager. A
@propublica
editor's family saw this. So did other witnesses.
But the NYPD says they’re all wrong.
And what the NYPD says is what almost always goes, because that's how it is, case after case, year after year.
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5/ Amid the outcry from our reporting, the judge in charge announced that "after prayerful thought and talking with my family," she had decided to retire rather than run for reelection.
(She repeatedly declined to respond to Q's from
@propublica
&
@wpln
.)
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4/ We gathered additional data showing Rutherford County had been jailing Black children at a disproportionately high rate. And, in a departure from national trends, the county’s racial disparity was getting worse, not better.
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@propublica
@WPLN
7/ This year,
@propublica
&
@wpln
reported on another juvenile jail in Tennessee.
This jail illegally locks kids alone in cells for hours or days.
"What we do is treat everybody like they're in here for murder," the head of the jail told
@PaigePfleger
.
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2 months ago, Milwaukee’s ex-sheriff Clarke answered a Q about the cost of his round-the-clock home security with: “Fuck you and the horse you rode in on.”
@danielbice
now has the answer: $450K.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
13/ Critics have called “Unbelievable” “the antithesis of most serial-criminal dramas”
“a series that is deeply and unapologetically female”
a show that “never loses sight of the victims”
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@propublica
@WPLN
6/ In a change designed to bring greater accountability, the county shifted oversight of its juvenile jail to a 5-member board rather than the juvenile court judge.
(Under the judge’s watch, the county had been illegally jailing children for years.)
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@propublica
@WPLN
@PaigePfleger
8/ Right after that story was published, Tennessee lawmakers called for an audit of the jail, citing its “culture of lawlessness.”
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Mistakes I’ve made during interviews: interrupting; long, convoluted questions; failing to let a silence linger; feeling the need to show off with all I know.
@mccrummenWaPo
does none of that. This is a master class.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
6/ That’s why I say that to me, Marie is not a character.
Jeff Mason, the detective who charged Marie with lying, is not a character. He is a cop who sat with me and owned his mistakes, horrific as they were.
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@netflix
2/ In the show’s 1st episode, Marie, after reporting her rape, goes to the hospital for an exam.
In the scene, we learn how many swabs are taken. Where they're taken from. And what Marie is told after—that she might start thinking of killing herself.
Each detail is accurate.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
12/ When I did see the series, the lessons were all there:
—The misconceptions about trauma
—The confrontational tactics misused by the police in Washington
—The triumph of police teamwork in Colorado
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In tonight's "Lovecraft Country," the character George Freeman mentions, in passing, that his kneecaps were shattered outside of Anna.
Here's the story of Anna, Illinois, from
@ProPublicaIL
@loganjaffe
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This paragraph — in which a Texas school superintendent, in a leaked recording, talks to a group of librarians he has summoned to a meeting — is just chilling as can be.
@propublica
@NBCNews
@TexasTribune
@JinATX
@Mike_Hixenbaugh
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402
888
Faced w/ the US gov’s refusal to disclose evidence, it took…
—an ex-ICE attorney, working pro bono
—a firm's legal team, working pro bono
—a mom & dad, crisscrossing El Salvador, pulling records
… to get the truth & reunite a family.
This is terrifying.
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558
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@propublica
@WPLN
@PaigePfleger
9/ And back in Rutherford County, we just aired a podcast series, “The Kids of Rutherford County,” hosted by
@meribah
& produced by
@serial
@wpln
@propublica
and
@nytimes
.
The podcast series can be found here:
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"Twelve-year-old roofers in Florida and Tennessee."
"Underage slaughterhouse workers in Delaware, Mississippi & North Carolina."
"Children sawing planks of wood on overnight shifts in South Dakota."
To tell this gutting story,
@hannahdreier
spoke to >100 children in 20 states
The US is seeing an unprecedented wave of migrant child labor right now.
Thousands of kids are working overnight in dangerous factories for brands like Cheerios, Fruit of the Loom and Ford. They're here alone and they're being failed in the most basic way.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
22/ And watching the last episode, watching the re-creation of the Colorado detectives closing in, provided Marie something she didn’t expect. “Seeing him get put away, that was closure for me,” she said.
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877
@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
21/ For Marie, watching the work of the detectives in Colorado, 1,300 miles from where she had been attacked, reinforced a sense she’d had since first she learned about them: “I felt like they were my guardian angels, looking out for me.”
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875
@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
19/ Marie has told me before that it can be a struggle for her to put her feelings and thoughts into words. In that scene, she said, Kaitlyn Dever captured her struggle. “It was, like, perfect,” she said.
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@netflix
4/ This 8-part series is the 4th way this story has been told. W/
@txtianmillerI
was part of the first 3:
A
@ProPublica
@MarshallProj
story:
A
@ThisAmerLife
episode w/
@RobynSemien
:
A
@penguinrandom
book:
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Kids in juvie on what they wanted most:
Light.
Vegetables.
Dental care.
"A clock so I could know what time it was."
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How rare is this?
A long time ago, I found 381 defendants nationally whose homicide convictions were thrown out because prosecutors concealed exculpatory evidence or knowingly used false evidence.
Not one prosecutor in all of those cases was disbarred.
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@propublica
@WPLN
@PaigePfleger
@meribah
@serial
@nytimes
10/ You can read our first story here:
And you can catch up by reading the entire 2-year investigation with
@wpln
here:
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
7/ T and I got lucky: Unbelievable’s cast and crew, it turned out, were protective of the story, too.
One of my all-time favorite shows is "Justified." Its executive producer, Sarah Timberman, became executive producer for "Unbelievable," along with
@katiecouric
and others.
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When a call comes in about someone in mental distress, Olympia, Wash., doesn't dispatch officers with guns. It sends crisis responders with a radio and a backpack of clean clothes.
Terrific look at an alternative approach by
@cm_thompson3
@MarshallProj
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
8/ One of Justified's young stars was
@KaitlynDever
. She was cast as Marie. Dever told a NYC screening audience that she steeped herself in the story while respecting Marie & her privacy.
She didn't fret over mannerisms or accent. She concentrated on emotion. On state of mind.
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
@judyberman
@TIME
@chaneyj
@vulture
20/ The series shows how two of Marie’s former foster moms doubted her account. Both later apologized to her. Marie forgave both. She kept ties with both. After finishing the series, Marie called both, to reassure them: The show doesn’t demonize you. She encouraged both to watch.
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1/ We’re thrilled
@ProPublica
with the positive response to
@Netflix
’s
#Unbelievable
. The show is sparking important conversations, like this
@TheAtlantic
piece: .
But we’ve also seen some sentiment online that concerns us.
I'd like to talk about that.
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I've got a new job.
Thrilled to be joining
@business
; grateful for my years
@propublica
; lucky to keep doing what I love (reporting) while adding new things I love (coaching & editing). Hoping to keep my one and only suit in the closet.
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In Tennessee, some lawmakers are moving to oust a juvenile court judge profiled by
@propublica
@WPLN
.
Says one legislator, “How can we keep a judge in place who sees herself as carrying out God’s mission, rather than carrying out the laws of this state?"
27
164
674
@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
9/ I met Dever and other cast members at a screening in LA. I learned how deeply each had studied this case. Merritt Wever had me sign her book. The story “ignited something in me,” she told
@EW
. “The responsibility of the material weighed on me heavily.”
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@seattletimes
Local news matters. I no longer work
@seattletimes
, but I sure as hell subscribe. I hope you do, too. Or if you live elsewhere, subscribe to your local paper. Maybe there's a nonprofit newsroom in your state. If so, donate. When disaster strikes, we need reporters on the ground.
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Reporter
@EricEyre
did big stories at a small paper. With a 6-year-old Acer, in a press room with 2 rat traps, he took on 3 giant drug companies—and won.
If small newspapers are no more, this is what we’ll lose.
For
@newyorker
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359
672
@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
@katiecouric
@KaitlynDever
@EW
@MrEricLange
14/
@judyberman
wrote in
@TIME
:
“Like much of 2019’s best TV…Unbelievable isn’t light viewing. But in defending reality against received wisdom & eschewing suspense in favor of insight, it makes a plea for revising simplistic rape narratives that should be impossible to ignore.”
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A NY police lieutenant who ...
— accumulated 115 allegations of misconduct, with 56 substantiated
— was a defendant in > dozen lawsuits, resulting in >$1.5 million in settlements
... is being allowed to retire, instead of being fired.
@yoavgonen
@THECITYNY
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@netflix
@propublica
@MarshallProj
@ThisAmerLife
@RobynSemien
@penguinrandom
5/ Knowing this story would become a dramatized series, T (he goes by T) and I had concerns.
Reporters become protective of stories. We want their lessons to come through.
Reporters become protective of people. We want them to ring true.
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