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Should a man convicted of murder help set D.C. sentencing guidelines?

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Should a man convicted of murder help set D.C. sentencing guidelines?


The D.C. Council is set to decide Tuesday whether a man who spent 27 years behind bars for murder should serve on a city commission that drafts and modifies criminal sentencing guidelines — a nomination that is likely to spark heated debate.

Proponents argue that the appointment would give the panel a new perspective on the issue of incarceration, while the District’s top prosecutor warned that the nominee, Joel Castón, could push the commission in a soft-on-crime direction.

Castón, who did not respond to requests for comment, was released from prison last year, nearly three decades after he killed an 18-year-old man in a 1994 parking lot shooting. In 2021, while still a prisoner, he was elected to the D.C. Advisory Neighborhood Commission, becoming the first incarcerated person voted into public office in the city.

Council Chairman Phil Mendelson (D), who nominated Castón to the 12-member sentencing commission, said in an interview that the panel expressed interest in having a previously incarcerated person join the group. Linden Fry, the commission’s executive director, said members began discussing the addition of a person who had been incarcerated after they learned “how other sentencing commissions in the United States have added returned citizen members.”

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“A formerly incarcerated, justice-involved individual can offer a relevant and unique point of view unavailable to other members,” Fry said.

But Matthew M. Graves, the U.S. attorney for the District, whose office prosecutes felony cases in the city, questioned Castón’s integrity in a letter to Mendelson. Graves said the nominee would likely advocate for lesser sentencing ranges that would make it even harder for prosecutors to secure prison time for people convicted of firearms violations in the nation’s capital.

At a council hearing in December, Castón said, “If confirmed, I would be a fierce advocate for sentences that balance accountability, public well-being and human dignity.”

The debate over Castón is yet another instance of discord among top local officials about how to ensure public safety and make the criminal justice system more efficient in the District, which has been enduring spikes in violence, including homicides. More people were slain in D.C. in 2023 than in any year since 1997. The Bowser administration, Graves’s office and some judges repeatedly and publicly pointed fingers of blame at one another last year over aspects of the city’s crime crisis.

Minimum and maximum sentences for crimes are established by District law, and D.C. Superior Court judges impose prison time within those ranges. In deciding what a particular sentences should be, judges rely on a manual containing elaborate formulas for calculating an appropriate prison term based partly on a defendant’s criminal background and the specifics of the offense.

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The resulting guidelines are advisory, and judges can depart from them — although data published by the commission last year showed that judges’ sentences hewed to the recommendations in nearly 97 percent of felony cases. The sentencing commission governs the manual and any revisions to it.

Castón would be the D.C. Council’s voting representative on the commission. But whether a man with a murder conviction should be part of that process has prompted debate among top D.C. officials, revealing the depths of ideological fissures among some of them. Council member Brooke Pinto (D-Ward 2), chairwoman of the council’s public safety committee, said she would not support Castón’s nomination, suggesting he lacks expertise in “the nuanced landscape of our D.C. sentencing guidelines.”

After Graves outlined his reservations in a letter, Mendelson responded by expressing support for Castón and accusing Graves of blaming the sentencing commission for problems created by the U.S. attorney’s office.

In the days leading up to Tuesday’s vote, Graves and Mendelson sparred in letters over the merits of Castón’s nomination. Gregg Pemberton, the chairman of the police union, also opposed the nomination, while a D.C. police spokesman said the department would work with all members of the commission.

Nazgol Ghandnoosh, a voting member of the commission who was appointed by the Superior Court chief judge, said Castón would add key insight to the group.

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“Trying to identify problems with this nomination is completely misguided in terms of having meaningful conversations about what to do about crime,” she said. Ghandnoosh is the co-director of research at the Sentencing Project, a group that advocates to “minimize imprisonment.”

Asked about Castón’s vision for criminal justice and sentencing, Mendelson acknowledged that he did not probe Castón’s positions, saying he was primarily focused on his background as a formerly incarcerated person.

Castón, who has advocated for restorative justice and prison reform, has also done consulting and work with criminal justice organizations such as the Justice Policy Institute, which advocates against mass incarceration and seeks to reduce disparities in the justice system. But Mendelson disagreed that Castón’s appointment as the council’s voice on the commission would be a statement on the direction the council hoped to take criminal justice reform in the city.

“It’s not a policy position but a perspective,” Mendelson said.

Graves, in a Jan. 2 letter to Mendelson, raised questions about Castón’s past. He pointed to a 2021 decision by a Superior Court judge to deny his petition for early release under a D.C. law meant to give fresh chances to people who have been imprisoned for many years. The judge wrote that the court was “highly troubled by a specific characteristic that has been displayed consistently throughout his post-conviction history that seems at odds with any claim to integrity.”

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Castón claimed innocence before he accepted responsibility for the murder. Mendelson, in a memo to the Council on Monday, acknowledged that Castón “pursued an innocence claim which was denied repeatedly because it was false.” But Mendelson highlighted a judge’s finding that Castón also made “enormous strides” while incarcerated.

In his letter, Graves blamed the commission for inadequate sentencing outcomes in the District. In 2022, according to Graves, 57 percent of people sentenced on his office’s most commonly charged firearms offense — carrying a pistol without a license — were sentenced to probation. An additional 30 percent received relatively short jail terms.

“These outcomes are a feature, not a bug, of the District’s Guidelines,” Graves said in the letter.

At a Dec. 5 breakfast with the council, Graves expounded on his problems with the existing sentencing guidelines and called for a “wholesale” review of the manual. In that meeting, he specifically criticized a 2018 change by the commission, when members eased sentencing guidelines for people with prior felony convictions who are found guilty of illegal gun possession.

“The fact that this is so defense-friendly really isn’t surprising if you look at the composition on [the commission],” Graves said at the breakfast. “There are voting members on that commission who are explicitly associated with organizations that are in the decarceral movement. … If people are fine with that, that’s fine to have these guidelines. But if they want to change, then you have to look at who are the voting members on the commission?

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Mendelson said it is misleading for Graves to blame guidelines that have been around for two decades.

“Focusing on the sentencing commission is turning the spotlight somewhere else,” Mendelson said, pointing to Graves’s prosecution rate. The U.S. attorney’s office declined to prosecute 56 percent of cases in D.C. in fiscal year 2023, which ended Sept. 30. Graves has pointed to problems with the city’s crime lab, which went two years without certification in some departments, and court decisions that restrict police actions and make prosecutions in gun cases difficult.

The debate over Castón’s nomination comes as every corner of D.C.’s criminal justice system is under public scrutiny. In respond to rising crime, officials began turning away from progressive strategies enacted in recent years. Instead, Mayor Muriel E. Bowser (D), new Police Chief Pamela A. Smith and some lawmakers have cited the need for greater accountability, advocating for tougher sentences for adults and juveniles who commit violent crimes.



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Chicago Mayor Brandon Johnson heads to D.C., set to talk about responding to immigration raids

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Chicago Mayor Brandon Johnson heads to D.C., set to talk about responding to immigration raids


Chicago Mayor Brandon Johnson headed to Washington, D.C., on Wednesday to speak at the National Press Club luncheon.

The mayor plans to talk about the challenges of leading Chicago this past year, and what city officials learned about resisting federal overreach and responding to federal immigration raids in the city.

“I’m obviously very much still concerned about the private, masked, terrorizing police force that the Trump administration continues to sic on working people across this country,” said Mayor Johnson said Tuesday. “It’s why I’ve used every single tool available that’s available to me, and many mayors have looked to those tools that we’ve used, whether it’s through the ICE-free zones, and even the litigation around ICE-free zones, so that we can strengthen and codify our ability to enforce it.”

Mayor Johnson said the next step has to be “real organized resistance, as what we saw organized and prepared during the Civil Rights Movement.”

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“We cannot just simply leave it to protests that just react to the egregious and the harmful and deadly actions coming from the Trump administration,” Johnson said.

Johnson is in Washington to attend the U.S. Conference of Mayors.

Meanwhile, Mayor Johnson also said he is extremely proud of how Chicago handled the 2024 Democratic National Convention. But he is concerned that if the city were awarded the 2028 convention, it would not receive the federal help needed for security for the event.

“You know, the Democratic National Convention would take place at a time in which the Trump administration will still be in charge, and what we’ve seen in cities across America — and more recently Minneapolis — that to turn over our security to the Trump administration, it’s not just me,” said Johnson. “There are a number of us that have profound concerns about that.”

In 2024, Chicago received a $75 million grant from the federal government for security costs.

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Atlanta, Boston, Denver, Las Vegas, and San Antonio are also believed to be bidding to host the political convention in 2028.



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‘My nightmare’; Kentucky woman sues DC to access OUC’s 911 calls in son’s sudden death

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‘My nightmare’; Kentucky woman sues DC to access OUC’s 911 calls in son’s sudden death


A grieving mother from Kentucky is suing Washington, D.C., to uncover the truth about her son’s sudden death.

Was it preventable? Did 911 operators make a mistake?

Those are the questions she’s desperate to answer, but her attempt to access the city’s emergency calls has been denied.

“It’s a struggle to keep moving forward and be a part of the world,” Stephanie Clemans, holding back tears, said during a Tuesday press conference.

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RELATED | Off-duty DC firefighter recounts survival, call for accountability after he was shot

William Ostertag, known by friends and family as Will, was 28 when he was working in his apartment’s gym on November 3, 2024. He lived at the Allegro Apartments in Columbia Heights in Northwest, D.C.

Suddenly, he went into cardiac arrest and collapsed.

“I’m his mom, and I wasn’t there, and I want to know what happened,” Clemans said.

What she does know is that Will lived right next door to a D.C. Fire and EMS firehouse where paramedics could’ve come to his aid almost immediately.

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Yet, according to the lawsuit below, it took them nine minutes.

By then, it was too late. Will had already lost oxygen to his brain and died 11 days later.

“My son was living, making plans, and successfully navigating adulthood. I am so completely proud of him,” Clemans said.

So what happened in those critical moments before his death?

Well, Clemans obtained a written timeline from the 911 dispatch system that shows dispatchers misclassified the original response as a “seizure”, sending an ambulance not equipped with the drugs on board that Will needed for a cardiac arrest.

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But the Office of Unified Communications (OUC) has denied her requests for the 911 calls, falling back on their policy of only releasing 911 audio to the original caller.

“My nightmare is that my vibrant, very much alive son died, and people with power are saying to me that I do not have the right to hear what was happening as he lay on the ground,” Clemans said.

Kevin Bell, her lawyer and a partner at the Freedom Information Group, says her Freedom of Information Act (FOIA) request appeal was also denied by Mayor Muriel Bowser’s Office of Legal Counsel. A decision, he urges them to reconsider.

“I believe, looking at this case, that this is a pretext to attempt to avoid producing records, which are potentially embarrassing to the department and which would provide information that might reflect negatively on the performance of their statutory duties… I believe that this is an instance where government can do the right thing. They can release the information that’s been requested.”

RELATED | Transparency concerns emerge over DC 911 feedback form now requiring caller phone number

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Will grew up in Louisville, Kentucky, and had a little brother.

He lived in D.C. for three years, working for the federal government. He’d just applied for several MBA programs. He lived a full life, suddenly cut short, with a mom determined to get answers about his death.

“This audio recording will help me understand the end of my son‘s life, and it is necessary for me to have it,” Clemans said.

Clemans is scheduled to testify as a public witness in Wednesday’s D.C. Council Performance Oversight Hearing on OUC virtually at 9:30 a.m.

7News reached out to OUC and the Mayor’s Office for a comment on the lawsuit ahead of Cleman’s testimony.

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As of this report, we have not heard back.

RELATED | ‘It’s nothing new’; DC firefighters rerouted twice after OUC dispatch errors



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DC Del. Eleanor Holmes Norton announces retirement at end of current term

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DC Del. Eleanor Holmes Norton announces retirement at end of current term


D.C. Congresswoman Eleanor Holmes Norton announced Tuesday she will retire at the end of her current term, ending more than three decades representing the District.

Norton, a Democrat, has served as D.C.’s delegate since 1991.

In a statement, she said she is stepping aside to make room for the next generation of leaders while continuing to serve through the remainder of her term.

“I’ve had the privilege of representing the District of Columbia in Congress since 1991. Time and again, D.C. residents entrusted me to fight for them at the federal level, and I have not yielded,” Norton said. “With fire in my soul and the facts on my side, I have raised hell about the injustice of denying 700,000 taxpaying Americans the same rights given to residents of the states for 33 years.

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RELATED | DC Delegate Eleanor Holmes Norton ends re-election campaign

Norton is known for her long-standing fight for D.C. statehood and equal rights for District residents.

Although she will not seek reelection, Norton said she plans to remain active in advocating for D.C. after leaving office.

“The privilege of public service is inseparable from the responsibility to recognize when it’s time to lift up the next generation of leaders. For D.C., that time has come. With pride in all we have accomplished together, with the deepest gratitude to the people of D.C., and with great confidence in the next generation, I announced today that I will retire at the end of this term.”

Before Congress, Norton said she helped plan the 1963 March on Washington, served as chair of the Equal Employment Opportunity Commission, argued cases before the Supreme Court and taught law at Georgetown University.

“Thank you to my constituents for choosing and trusting me to fight for you in Congress 18 times,” Norton said. “I will leave this institution knowing that I have given you everything I have. And while my service in Congress is ending, my advocacy for your rights, your dignity, and your capacity to govern yourselves is not.”

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