How New York journalists overcame barriers to prison access and opened the world’s eyes to the horrors of Rikers
Blog ››› ››› BRENNAN SUEN
The media’s access to prisons is replete with roadblocks, which vary from state to state and can be as extreme as blanket denials to journalists. U.S. courts have found that journalists have no more right to access prisons than the general public does, and much of their reporting requires navigating complicated relationships with prison officials. Despite these challenges, dogged reporting from New York journalists covering the Rikers Island jail complex made it impossible for the public and officials to ignore injustices in the prison, which Mayor Bill de Blasio promised in March to shut down.
One of the first complexities journalists face in their reporting on prisons is different access policies across states. The Society for Professional Journalists (SPJ) developed a state-by-state media access policy resource after finding that several states “offer few guidelines for granting or denying media requests, simply leaving it up to ‘the discretion’ of whoever is in charge.” The Reporters Committee for Freedom of the Press (RCFP) even suggests reporters “try personally appealing to the head of the department” when they are unable to navigate the complex and often arbitrary policies. SPJ’s Jessica Pupovac interviewed a Wall Street Journal criminal justice reporter who compared prisons to “a fiefdom” with a “feudal system” in which “the warden is at the top.”
Pupovac’s toolbox on prison reporting outlined other discrepancies between states. For example, some states permit face-to-face interviews with inmates “but reserve the right to terminate such conversations at any time,” while others may reject nearly all requests. An Alabama Department of Corrections spokesperson even admitted to Pupovac in 2012 that he does not “remember any times” the department has “granted access in the last year and a half.” Other prisons require that “any sources from within the prisons” be “hand-selected by staff.” According to “peer-to-peer educational platform” GenFKD, state-by-state access policies “appear to be arbitrary considering they can be based on previous legislation, administrative regulation, individual cases or a combination thereof,” and that there are only a handful of places with “due process for media to complain if they are denied” access.
The law, however, generally does not guarantee any sort of journalist access to prisons, though journalists have successfully sued for that access. In a 2013 Columbia Journalism Review (CJR) cover story, Beth Schwartzapfel wrote, “The courts have repeatedly held that journalists do not have any rights of access greater than that of the general public. Of course, they have no fewer rights of access, either.” One Chicago journalist threatened a lawsuit “hom[ing] in on that right to equal access,” as prison officials had granted access to school and church groups, along with the prison watchdog group John Howard Association prior to then-Illinois Gov. Pat Quinn issuing “blanket denials to journalists seeking access to the state’s prisons.” Illinois’ Department of Corrections eventually granted access, and one of the reporter’s lawyers reasoned that it was because the department “knew that to give access to John Howard and not the media raised a significant equal protection claim under the Fourteenth Amendment.”
But the challenges do not end even when a journalist is granted access. Journalists must “navigate a complicated relationship with correctional administrators whose goals and needs are often at odds with their own,” and, as Pupovac told CJR, “Openness, and transparency are ‘the exception to the rule.’” GenFKD noted that reporters also often “take statements from officials as truth without investigating further,” and “prisoners and guards alike will be dishonest and mislead regularly.”
Former Los Angeles Times corrections reporter Jenifer Warren told CPJ that when journalists can’t get access through prison officials, they should follow “the paper trail,” noting that “prisons are functions of state governments, and state governments keep all sorts of records.” Warren also noted that though the media may not have access to current inmates, reporters can “interview former inmates,” “talk to people who just got out, people on probation and parole, and their friends and family.” And according to GenFKD, “Though corrections officials can make it hard to talk to inmates, they can’t make it impossible. Inmates are allowed to write letters, and most have access to phone calls if reporters are willing to pay hefty fees.”
Many of these tactics were effectively employed by New York journalists reporting on the Rikers Island jail complex, which Mayor de Blasio has vowed to close, potentially within the next 10 years.
New York magazine writer Jennifer Gonnerman’s long-form feature about Kalief Browder, who was incarcerated at Rikers, was a Pulitzer award finalist. Browder spent three years awaiting trial for allegedly stealing a backpack when he was 16, nearly two of which were in solitary confinement. He was pressured to plead guilty as his trial was repeatedly delayed, and he was eventually released without a trial because his accuser left the country and the prosecutor was therefore “unable to meet our burden of proof at trial.” Browder took his own life in 2015 after having attempted to do so “several times” during his time in Rikers. Gonnerman’s work brought national attention to Browder’s case, with former President Barack Obama citing his case in a Washington Post op-ed he wrote in 2016, and Supreme Court Justice Anthony Kennedy specifically citing Gonnerman’s reporting in a Supreme Court opinion. According to The New York Times, she was also credited with increasing public attention “on the plight of younger teenagers at Rikers” that led to the eventual plan to move 16- and 17-year-olds from Rikers “to a dedicated jail for youths in the Bronx.”
In her reporting, Gonnerman interviewed Browder, who had already been released, as well as his lawyers and family. She also relied heavily on court filings, transcripts, and a report by U.S. Attorney for the Southern District of New York Preet Bharara. These reports were instrumental in corroborating Browder’s story, such as when he recounted officers beating him and telling him that he would be sent to solitary if he went to the medical clinic rather than back to bed. The group of guards had lined Browder and other inmates “up against a wall, trying to figure out who had been responsible for an earlier fight,” and Browder recounted that though “he had nothing to do with the fight,” the guards beat him and the other inmates. Gonnerman reported that “the Department of Correction refused to respond to these allegations, or to answer any questions about Browder’s stay on Rikers.” But she was able to substantiate his story by noting that Bharara’s report “recounts many instances in which officers pressured inmates not to report beatings.”
The New York Times’ Michael Winerip and Michael Schwirtz have also covered Rikers extensively. Their 2014 reporting -- in conjunction with court reporter Benjamin Weiser -- that the city had omitted “hundreds of inmate fights … from departmental statistics” was referenced by Bharara when he warned that his office, as the Times reported, “stood ready to file a civil rights lawsuit against” New York City over conditions at Rikers. The Times obtained a confidential report that showed that the data was incorrect in those statistics and that the warden and deputy warden “had ‘abdicated all responsibility’ in reporting the statistics and that both should be demoted.” Bharara’s office eventually joined an existing class-action lawsuit against the city for brutality at the complex. Reflecting on their “high-impact journalism,” Winerip and Schwirtz wrote that it was “remarkable” that they were able “to see the results of our reporting almost immediately.”
In an earlier landmark report on rampant brutality at Rikers, Winerip and Schwirtz also noted that a “dearth of whistle-blowers, coupled with the reluctance of the city’s Department of Correction to acknowledge the problem and the fact that guards are rarely punished, has kept the full extent of the violence” at the prison “hidden from public view.” Nevertheless, they uncovered “details on scores of assaults” through both interviews and by “reviewing hundreds of pages of legal, investigative and jail records”:
The Times uncovered details on scores of assaults through interviews with current and former inmates, correction officers and mental health clinicians at the jail, and by reviewing hundreds of pages of legal, investigative and jail records. Among the documents obtained by The Times was a secret internal study completed this year by the city’s Department of Health and Mental Hygiene, which handles medical care at Rikers, on violence by officers. The report helps lay bare the culture of brutality on the island and makes clear that it is inmates with mental illnesses who absorb the overwhelming brunt of the violence.
The study, which the health department refused to release under the state’s Freedom of Information Law, found that over an 11-month period last year, 129 inmates suffered “serious injuries” — ones beyond the capacity of doctors at the jail’s clinics to treat — in altercations with correction department staff members.
Rather than simply report on the secret study, which “included no names and had little by way of details about specific cases,” Times reporters obtained “specific information on all 129 cases and used it to take an in-depth look at 24 of the most serious incidents.” In addition to many anonymous interviews with “inmates, correction officers and mental health clinicians at the jail,” Winerip and Schwirtz interviewed officials like Correction Commissioner Joseph Ponte and the president of the correction officers’ union, Norman Seabrook. While reflecting on their reporting, they noted that “once we started publishing articles, insiders saw we were serious and came forward to help. Many of them could have lost their jobs if their names were published, but they were able to point us to documents that had been covered up, and to people who were in a position to speak honestly and openly.”
Winerip and Schwirtz’s reporting also demonstrated the need to not take officials’ words or reports at face value. Schwirtz talked about their reporting in another article, writing that “inmates can be, or be seen as, unreliable, and the correctional bureaucracies are often not forthcoming,” so he and Winerip had “to be creative.” They got help from prisoners’ “wives and girlfriends,” who passed information from their partners to the reporters, to report on brutal interrogations. They also used letters inmates wrote to the Prisoners’ Legal Services of New York, and the group’s lawyers then put the inmates in contact with the Times. Schwirtz and Winerip also spoke to inmates on the phone and were able to visit four of them. The State Department of Corrections and Community Supervision did not provide the “names of correction officers” with whom the reporters could speak and issued “only a short statement suggesting that allegations of abuse were under investigation.”
Reporting on prisons and incarceration is a matter of intense public interest and can expose real injustice, waste, and corruption. SPJ’s Pupovac noted that “what happens behind prison walls affects us all.” Taxpayers must pay for “an annual budget of more than $74 billion” to run U.S. prisons, and incarcerated people eventually re-enter their communities. Yet in CJR, Schwartzapfel noted that “compared to other areas that siphon significant public resources, such as healthcare, prisons get vanishingly little media attention.” Schwartzapfel also noted that “more than 600,000” incarcerated people “eventually go home” each year, and their experience in our prisons “has profound consequences for the society they return to”:
[I]t is hard to overstate the importance of covering prisons. For starters: 95 percent of prisoners—more than 600,000 people each year—eventually go home. What happened while they were inside—whether they received job training, adequate healthcare, or learned positive life skills, or whether they were embittered, recruited into a gang, or made connections in the criminal underworld—has profound consequences for the society they return to. And the ripples extend far beyond the prisoners themselves: Almost two million children have a parent in prison—to say nothing of inmates’ parents, spouses, and siblings. Half a million correctional officers work behind the walls.
There are entire organizations dedicated to investigating incarceration in America. The Marshall Project, a Pulitzer-winning nonprofit news organization, uses “award-winning journalism, partnerships with other news outlets and public forums … to educate and enlarge the audience of people who care about the state of criminal justice,” as well as to “create and sustain a sense of national urgency about the U.S. criminal justice system.” Organizations like the Marshall Project and reporting by journalists, such as those investigating Rikers, overcame barriers to prison access and shined a light on unacceptable conditions, helping spur positive change.