My Two Census

Formerly the non-partisan watchdog of the 2010 US Census, and currently an opinion blog that covers all things political, media, foreign policy, globalization, and culture…but sometimes returning to its census/demographics roots.

Posts Tagged ‘criminal’

Class Action Lawsuit Update

Friday, August 6th, 2010

MyTwoCensus.com has been tracking the following lawsuit for quite some time. At first, we supported this suit, because it shows that the Census Bureau discriminated against people in the hiring process. However, when caucasian Census Bureau applicants who were rejected because of supposed criminal records tried to join the lawsuit, they were told that because they were not minorities, they were ineligible to join. If the Census Bureau’s hiring procedures discriminated against people with criminal records/arrests, then it did so against ALL people, not only minorities. Here’s today’s update from the AP:

NEW YORK — A lawsuit in New York City claims the U.S. Census Bureau discriminated in its hiring of more than a million temporary workers to conduct the 2010 census.

The lawsuit was filed by civil rights groups in federal court in Manhattan several months ago and was updated Thursday.

It says the Equal Employment Opportunity Commission warned the Census Bureau last year its hiring practices might be discriminatory. The lawsuit says the EEOC told the bureau its criminal background check policy might “run afoul” of the Civil Rights Act.

The lawsuit accuses the bureau of illegally screening out applicants with often decades-old arrest records for minor offenses or those who were arrested but never convicted.

Chris Brown promotes the US Census, but as a criminal, the UK won’t even let him into the country

Tuesday, June 8th, 2010

He’s not even allowed to travel internationally, but singer/felon Chris Brown is a proud spokesman for the 2010 Census. Smart huh?

Accused Murderer Implements the “Census Defense”

Wednesday, March 10th, 2010

This is about as weird as it gets in 2010 Censusville…The following comes from the Associated Press:

By GREG BLUESTEIN (AP) – 22 hours ago

ATLANTA — A Georgia man accused of killing two people used an innovative legal strategy Monday in an attempt to get his murder charges dismissed. Call it the Census defense.

Floyd Wayne Williams Jr. wants the charges dropped — or at least his trial delayed — until the 2010 Census is done so that a jury more accurately reflecting the county’s racial makeup can be chosen. Williams, who is black, is to be tried in the south Atlanta’s Clayton County, which has seen a surge in African-American residents since the 2000 Census.

Jury pools in Clayton County, like many other jurisdictions, are drawn from voter registration lists, driver’s license data and utility records. The list is then balanced by race and gender from the Census to reflect a cross-section of the population.

Williams, 31, argued his constitutional rights will be violated if he is tried by a jury drawn from the 2000 Census, when the black population was 50.6 percent, instead of 2007, when the number had swelled to 64.5 percent.

There has been an increase in attorneys using a jury’s racial makeup as a defense argument, in particular as Hispanic and black populations in parts of the country have swelled since the 2000 Census, said Jeffrey Abramson, a professor at the University of Texas School of Law who has written a book about the role of juries.

The U.S. Supreme Court could soon decide whether a Michigan man’s murder convictions should have been tossed out because there were too few black residents in a county’s jury pool. Diapolis Smith, who is black, was convicted by an all-white jury for shooting a man in Grand Rapids in 1991.

“It does seem to be a systemic problem nationwide, because it’s difficult updating the list and also because the courts are reluctant to fault the existing lists,” Abramson said.

The challenges like Williams’ are difficult to win, though, he said.

“There’s just a sense that we do the best we can, that it would be difficult to find a list that is more representative,” Abramson said.

Williams’ case has been drawn out since he was charged in 2002 with fatally shooting 48-year-old Alejandro Javier Gutierrez-Martinez and Jose Simon Arias, who was 16 months old, during a 2001 home invasion.

State prosecutors soon announced they would seek the death penalty, but before the trial started Williams escaped the county jail in 2003. He was caught in Baltimore and is currently in jail in Georgia.

At a hearing Monday, Williams’ attorneys contended that Clayton County should either use the 2007 population estimate or wait until the 2010 Census is completed. (more…)

Letter To The Editor: Census Bureau Ignores Fingerprinting Problems And Focuses on Name Checks

Monday, December 7th, 2009

The following letter, from David Allburn of National Fingerprinting, comes in response to our recent post that features questions about why felon/presumed murderer Thom Gruenig was working in a supervisory role for the 2010 Census answered by the Census Bureau:

To The Editor:

Did you notice that your questions about FINGERPRINT comparisons were answered with statements about NAME-CHECK comparisons?

The Census Bureau made the two statements that “No criminal record was found,” and “He was not in their criminal database.” Those statements ask us to assume that he was not ANYWHERE in their criminal database, most especially not in the FBI “fingerprints” database. It is not evident at all from the investigation report you published, whether the FBI had actually compared Mr. Gruenig’s fingerprints to the fingerprints of felons, no matter what the names were.  The questions to ask should have included these, for which I proposed what the carefully considered Census answers might be:

1.  ”What would normally have happened at the FBI side if Mr. Gruenig’s fingerprints were determined by the FBI automated equipment to lack sufficient image quality to enable print-to-print comparison?” [Answer: A name-check is done instead, and Census relies upon that.]

2. “Is there any record entry maintained at Census or at the FBI, by them or by their contractors, that shows whether the aforementioned image quality test was passed or failed, either by a direct data description or by a reliable indirect indicator?” (…such as an indication that the fingerprint query defaulted into the name-check process by returning a TCR number.) [Answer: If a TCR is returned, that indicator is probably retained by either FBI or Census or their contractors somewhere.]

3. “If due to ‘normal procedure’ Mr. Gruenig’s fingerprints may not have actually been compared with others in the FBI file, is there any process by which new prints can be taken of assured-adequate quality and re-submitted to assure AFIS acceptance and comparison?” [Answer: If Mr. Gruenig were to be booked after our background check, presumably pursuant to a new criminal allegation, his prints would likely be routinely sent by the booking law enforcement agency to the FBI for comparison, and re-sent however many times necessary to assure the fingerprint check was actually accomplished to reveal whether any previous forensic-purpose prints on file matched his.]

4. “If a disqualifying record were thereby exposed and reported, would Census have the same confidence in the fingerprint portion of its background check process as previously asserted?” [Answer: Yes, but our confidence would be higher for those prints that passed the quality check at the FBI side.]

5. “if there were a way to assure that fingerprints submitted with insufficient quality to support an actual FINGERPRINT COMPARISON did not result in a default-hire as may have occurred in the Gruenig case, and such a way could be instantly and simply incorporated into the current logistical process, is there any reason why Census would not adopt it?” [Answer: Census routinely considers all helpful proposals according to the Federal Acquisition Regulations.]

6. “Would Census reveal whether an internal investigation was done to determine if Mr. Gruenig’s prints were rejected for quality reasons, and whether or not there actually were matching prints in the FBI file after all? [Answer: The Census Bureau considers personnel records confidential and does not reveal their contents.]

7. “Would a Freedom-of-Information Act request limited to whether Mr. Gruenig’s prints got a TCR result from the FBI allow a FOIA response?” [Answer: Consult the answer to #5 above.]

8. “If it were to be revealed by other legal means that there was a TCR returned by the FBI in Mr. Gruenig’s case, and that he indeed did have matching prints on file with the FBI under a fake name different from the one he gave on his Census employment application, …. (question left to be finished by MyTwoCensus.)

Of course, the above is an interrogation, not an interview. And it may turn out that Mr. Gruenig’s prints indeed got compared with the FBI print collection and turned up with no matches. Such a result would impugn Alaska’s reporting system, not Census Bureau procedure. But such close questions is necessary when jousting with a skilled PR department that carefully chooses its words such as providing NAME-CHECK answers to FINGERPRINT-CHECK questions.

I am glad that MyTwoCensus will “soon get to the bottom of this.” Can’t wait.

David Allburn