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St. Louis Judges Embrace Ankle Monitors Amid Calls to Reform Bail

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St. Louis Judges Embrace Ankle Monitors Amid Calls to Reform Bail

In the heat of an argument last spring, Khyla Mason raised a handgun into the air on a neighbor’s porch. She was acting in self-defense, she said, and never fired, but the confrontation was captured on video, and some children were nearby. Ms. Mason wound up in a St. Louis jail charged with unlawful use of a weapon.

Just a few years ago, someone facing the same charge in St. Louis was likely to pay a small bond and resume life as usual until trial, local attorneys said. But Ms. Mason, who was then 21, was released from jail with a box the size of a deck of cards strapped to her right ankle. It tracked her every move.

For weeks, the device alerted officials each time she missed her court-imposed curfew or left her house without approval. Sometimes, she was buying food or diapers for her 2-year-old son, or taking him to the hospital, she said. After more than two dozen violations, she was sent back to jail.

She remained there for a month.

More and more defendants across the country are being placed on electronic monitors, part of an ambitious effort to prevent overcrowding in the nation’s jails and keep people from being imprisoned while awaiting trial for minor offenses.

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Like courts in Baltimore, Dallas and Los Angeles, the St. Louis city circuit court is among those that have embraced electronic monitoring as a powerful reform of the cash bail system. The number of new monitors activated here more than doubled from the first half of 2021 to the first half of 2024, when it surpassed 550, a New York Times analysis found.

But in that time, St. Louis has had to grapple with some unforeseen complications — including technological mishaps, privacy concerns and high costs — that offer lessons to other courts. More significantly, the devices are now worn by hundreds of people who most likely would not have stayed in jail anyway.

The Times analysis found that about three-quarters of the people monitored in St. Louis in the first half of 2024, including a small number ordered to download monitoring apps, were charged with misdemeanors or lower-level felonies such as unlawful gun possession, driving while intoxicated and third-degree assault. In the past, people facing those kinds of charges would generally have been offered a cash bail, four local criminal attorneys said.

The devices have subjected some defendants to more scrutiny than those individuals would have otherwise faced. They have also made it more obvious that the defendants were accused of a crime, and several said that having a visible monitor cost them a job or made it hard to attend school or care for a child or an older relative.

In a statement, Joel Currier, a St. Louis city circuit court spokesman, acknowledged that monitoring was “an imperfect tool,” but said that the court’s program balanced “the rights of the accused as well as the safety of crime victims and the community.”

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Michael K. Mullen, a retired St. Louis city circuit judge who supports monitors, said the devices were better for defendants than jail.

“That’s what they have to be reminded of when they come in front of me,” he said.

But Matthew Mahaffey, who runs the city’s public defender office, which represents people who cannot afford attorneys, said that monitoring was too often required of people who posed no flight risk or threat to public safety.

Making matters worse, he said, the devices have occasionally malfunctioned and provided inaccurate readings.

“Until it gets cleared, it looks like a violation, which can put the client in a tricky spot,” Mr. Mahaffey said, adding that defendants had been sent back to jail or issued harsher sentences as a result.

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Research has also shown that electronic monitoring can lead to isolation and prejudice from landlords and employers, said Kate Weisburd, an expert on surveillance and technology who teaches at U.C. Law San Francisco. She raised further concerns about privacy.

“As there is a growing appetite to end incarceration, there’s this knee-jerk reaction to want to substitute incarceration with something,” she said. “We can’t just strip people of their privacy rights the moment they are arrested for a crime.”

Last year, The Times sat in on dozens of pretrial bond hearings, which are held to determine whether a person who has been arrested will be released or held in jail, and interviewed more than 20 people who wore ankle monitors. The charges against them ranged from harassment and property damage to domestic assault.

James Neal wore a monitor for about six months last year after he sped away from a traffic stop. He was later charged with fleeing, resisting arrest and drug and firearm possession, court records show.

Mr. Neal, 42, was not allowed to carry a weapon because of a past felony conviction. He said he kept one anyway because of the city’s high crime rates.

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Once the monitor was installed, Mr. Neal had to charge the device by connecting it to an outlet and sitting tethered to the wall for hours at a time. That was especially difficult while he was looking after his young son, he said.

Mr. Neal received violations because the battery died and because he left his house without the court’s permission, court records show. Once, he was cited for spending two nights at his mother’s house after a death in the family, the records confirm.

Mr. Neal pleaded guilty in July and was sentenced to probation.

Ms. Mason, who was sent back to jail last summer for the violations her monitor flagged, fell behind on her rent while she was incarcerated, she said. By the time she was released in August, she had been evicted from her north St. Louis apartment. She was in the second trimester of a new pregnancy.

Ms. Mason said the monitor affected her life in other ways. After wearing it to the hospital where she worked as a dietary worker, she lost her job. The hospital said she was let go because of poor attendance, but Ms. Mason said she had covered her absences with sick time.

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In the months that followed, she said, potential employers zeroed in on her ankle at job interviews.

“I can’t really get a job or any good opportunities because people instantly judge me,” she said in October.

In December, a judge reduced Ms. Mason’s felony charges to a single misdemeanor. If she stays out of trouble for two years, the remaining charge will be expunged from her record.

She had the ankle monitor removed two weeks before giving birth in the new year.

The St. Louis city circuit court began using devices with GPS technology to monitor a small number of defendants about a decade ago. At first, the initiative drew criticism because of how it was funded: The private company running the program charged defendants installation and surveillance fees, and those who could not afford those fees could be sent back to jail.

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The program remained small for years. But in 2019, amid a wave of bipartisan bail reform policies, the Missouri Supreme Court directed judges across the state to seek out alternatives to incarceration for defendants who could not afford bond.

In St. Louis, the number of people ordered to wear monitors spiked, data shows. The numbers held steady during the pandemic, when public health officials called for fewer people to be held in jails, and then surged when Gabe Gore — who cast himself as a law-and-order candidate — became circuit attorney and ramped up prosecutions.

In the cases The Times observed last year, prosecutors regularly recommended monitoring for people being considered for release. In a statement, Mr. Gore’s office said that monitors were not the default, and that prosecutors evaluated the facts of each individual case.

While defense lawyers can weigh in on the recommendation, judges ultimately decide whether a defendant will be detained or released, and whether monitoring is necessary. Judges are supposed to impose the “least restrictive” conditions to ensure public safety as well as the defendant’s return to court.

Mr. Currier declined to make Judge Christopher E. McGraugh, who became the court’s presiding judge in January, available for an interview.

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In many ways, the St. Louis court has done more than most to make the monitors less disruptive to defendants’ lives. It now covers the costs of monitoring for those who cannot afford to pay, something many other courts across the country, including the neighboring St. Louis County circuit court, do not do. In recent months, the city’s circuit court has paid for almost 90 percent of people who were being monitored, data shows.

In addition, the court’s pretrial services office offers bus passes and mental health and shelter referrals to people with pending cases, Mr. Currier said.

Total Court Services, a company based in Michigan, is the court’s contractor for monitoring services. It rents a small office across the street from the courthouse; there, four or five employees keep tabs on more than 400 defendants at a time.

The vice president for sales and marketing, Jason Tizedes, said the company was trying to make monitoring less intrusive. It recently released a smartphone app that judges in the St. Louis city circuit court have started to use in a limited number of cases.

“If folks are lower risk, you don’t want to overmonitor them,” Mr. Tizedes said in an interview. “If you oversupervise, overmonitor people that don’t need it, it’s essentially setting them up for failure.”

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As for the privacy concerns, Mr. Tizedes said, the company shares people’s location data only with court officials and law enforcement officers who have warrants. He blamed the job loss and the discrimination people with monitors sometimes face on unsympathetic employers.

David D. Hemphill, who works in home renovation, said he felt that discrimination while wearing a visible monitor last year. After landing fewer contracts than he expected, he fell into a depression.

Mr. Hemphill, 38, said that he had been arrested after failing to pull over for a traffic stop and leading the police on a 30-minute chase. He said that the officer who had initiated the stop was a neighbor, and that he did not trust the police.

Four months after the arrest, the charges against Mr. Hemphill were dropped, he said. But in that time, Mr. Hemphill became increasingly paranoid. His monitor beeped constantly and issued loud voice alerts. Sometimes he did not know whether the noises meant that the equipment was faulty or that he had unknowingly violated the terms of his release.

Once he began wearing his monitor, he noticed just how many of his co-workers on construction sites were wearing the same kind of device. He started talking to them about their experiences and realized that many felt the same as he did.

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“Each violation plays on your mental,” he said. “You don’t know what the outcome is going to be. These people have your life in their hands.”

Though many see it as a reform, electronic monitoring has drawn wide-ranging criticism both in St. Louis and across the country.

Blake Strode, the executive director of ArchCity Defenders, a St. Louis civil rights law firm that has challenged the use of cash bail and inhumane jail conditions, called the city circuit court’s monitoring program “an incarceration scheme” that set people up to be jailed for technical violations.

Mr. Strode acknowledged that judges used cash bail less frequently now, and that the jail population had shrunk. But electronic monitoring starts punishing people as soon as they are charged with a crime, he said, not after a finding of guilt.

“We should ask whether that trade-off is worth it,” Mr. Strode said.

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The policy has also faced a different critique: that letting people accused of crimes await trial at home undermines public safety. Some critics have also said that court officials and prosecutors have not been aggressive enough in punishing people for violations.

In St. Louis, that argument gained traction in 2023, after a man awaiting trial on robbery charges ran a red light and seriously injured a teenage pedestrian. The defendant, Daniel Riley, had amassed dozens of GPS violations before the crash, but was never ordered to appear in court over the infractions. The city’s circuit attorney at the time, Kim Gardner, resigned amid the controversy.

National proponents of electronic monitoring like Carl Wicklund, a former executive director of the American Probation and Parole Association, continue to see the value in the system. But Mr. Wicklund said that people with the devices must be able to hold jobs, secure housing and be involved with their families, churches and communities.

Without those things, he said, defendants become “higher risk, because they have nothing to lose.”

According to the St. Louis circuit court’s 2023 annual report — the most recent it has published — nearly 87 percent of defendants who wore monitors completed their pretrial periods without a new arrest. The figure was nearly the same for defendants who awaited trial at home without monitors. (The court cautioned against using the statistics to draw conclusions about the effectiveness of monitoring, saying that the figures did not account for factors such as age, criminal history and substance abuse.)

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Court officials’ investment in the program continues to grow. This fiscal year, the city budgeted more than $850,000 for the initiative, a record high for St. Louis. Budget documents show the court is on track to spend more than $1 million on the initiative.

In the spring, the court plans to solicit proposals from contractors interested in providing monitoring services after its current contract expires. Mr. Tizedes said Total Court Services was likely to submit a bid.

Justin Mayo contributed reporting. Susan C. Beachy contributed research.

This article was reported in partnership with Big Local News at Stanford University.


ABOUT THE ANALYSIS

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To calculate the number of new ankle monitors activated in St. Louis, The Times analyzed hundreds of pages of monthly invoices that Total Court Services sent to the St. Louis City 22nd Circuit Court from October 2020 through June 2024. The invoices, obtained through a public records request, show how much Total Court Services billed for each defendant (identified by case number) who used 24/7 ankle monitoring services. The Times excluded defendants monitored only via the company’s smartphone app, CourtFact, which has a limited GPS component. The invoices specify start and end dates, as well as whether the court or the defendant was responsible for payment.

To calculate the share of monitored defendants who were charged with misdemeanors or class D or E felonies, The Times analyzed the court’s monthly pretrial data reports. The reports, which are available online, include monthly counts of defendants released from jail with GPS monitors broken down by class of charge.

Discrepancies between the invoices and the court’s reports are because the reports indicate the month judges ordered defendants to wear GPS monitors while the invoices indicate when the monitors were activated, and the two dates can be different. Additionally, pretrial data reports included defendants released with CourtFact smartphone monitoring in the totals. Beginning in June 2024, the reports included only defendants with GPS ankle monitoring.

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Man arrested in plot to firebomb Palestinian activist’s home after undercover op

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Man arrested in plot to firebomb Palestinian activist’s home after undercover op

Police detain Nerdeen Kiswani, an organizer of pro-Palestinian demonstration group “Within Our Lifetime” during a protest on Friday, April 12, 2024, in New York.

Yuki Iwamura/AP


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Yuki Iwamura/AP

NEW YORK — A man accused of planning to firebomb the home of a prominent Palestinian activist has been arrested following a weekslong undercover operation led by the New York City Police Department, officials said Friday.

The target of the plot was Nerdeen Kiswani, who frequently leads protests in New York against Israel and the war in Gaza through the organization Within Our Lifetime.

Kiswani, 31, said law enforcement officials informed her late Thursday that they had disrupted “a threat on my life that was about to take place.”

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Federal authorities said they arrested Alexander Heifler on Thursday at his home in Hoboken, New Jersey, as he was assembling Molotov cocktails that he planned to throw at Kiswani’s home. For weeks, he had discussed the plot with an undercover NYPD detective who had infiltrated a group chat used by Heifler, according to a police department spokesperson.

An official who was briefed on the investigation said Heifler, 26, identified as a member of the JDL 613 Brotherhood, a New Jersey-based group founded in 2024 that describes its membership as “Jewish warriors” fighting back against rising antisemitism.

A website for the group says they are inspired by the original Jewish Defense League, a group linked to numerous bombings and attempted assassinations of Arab American political activists in the 1970s and 1980s.

Heifler planned to flee to Israel following the attack, according to the official, who requested anonymity because they were not authorized to discuss the details of an ongoing investigation.

An email inquiry sent to the JDL 613 was not returned.

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Kiswani, who lives in Brooklyn with her infant son and husband, said the plot would not deter her continued activism.

“I feel very blessed that they were able to thwart this, but it’s something that is a constant possibility for people who speak up on behalf of Palestine,” she said.

Heifler was charged in a criminal complaint with separate counts of making and possessing destructive devices, which each carry a maximum penalty of 10 years in prison. A message left with his attorney was not returned. He made an initial appearance in New Jersey federal court on Friday afternoon.

“Let me be clear: We will not tolerate violent extremism in our city,” New York City Mayor Zohran Mamdani said in a statement. “No one should face violence for their political beliefs or their advocacy. I am relieved that Nerdeen is safe.”

According to a court filing written by an FBI agent, Heifler spoke on a video call in February with a group that included an undercover detective about his interest in training for “self-defense” and wanting space where he could throw Molotov cocktails.

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The next day, he met with the undercover detective in person and discussed his plan to use them against Kiswani and flee the country, according to the complaint. “We have (Kiswani’s) address,” Heifler allegedly told the undercover. “So it’s like that, that would be easier if you’d be more comfortable with that.”

Heifler and the undercover detective drove to Kiswani’s residence on March 4 to “conduct surveillance” and discussed making a dozen Molotov cocktails to throw at her home and two cars parked outside, complaint said.

On Thursday, the undercover detective and Heifler met at Heifler’s Hoboken residence, where he had assembled components to make the Molotov cocktails, including a large bottle of Everclear, a highly flammable alcohol, the complaint said. Law enforcement officers then executed a search warrant at the residence and recovered the eight Molotov cocktails, the complaint said.

Kiswani co-founded the group Within Our Lifetime, which frequently organizes protests against Israel that draw hundreds of participants and often end in arrests. The group’s calls to “abolish Zionism” and support for “all forms of struggle,” including violence, has drawn fierce criticism. Kiswani denies that her criticism of Israel amounts to antisemitism.

Kiswani has been a frequent target of online vitriol. Earlier this year, U.S. Rep. Randy Fine, a Florida Republican, sparked backlash after writing in a social media post that “the choice between dogs and Muslims is not a difficult one.” The post was a response to a message Kiswani shared about dog owners, which she said was a light joke.

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“That hate against Palestinians has been bolstered by public officials, by Zionist organizations, who are never held accountable,” she said. “This is the inevitable result of that.”

The operation was carried out by the Racially and Ethnically Motivated Extremism unit within the NYPD’s counterterrorism bureau, a police spokesperson said.

“This is exactly how our intelligence and counterterrorism operation is designed to work — a sophisticated apparatus built to detect danger early and prevent violence before it reaches our streets,” Police Commissioner Jessica Tisch said.

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Iran-linked hackers have breached FBI Director Kash Patel’s personal emails | CNN Politics

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Iran-linked hackers have breached FBI Director Kash Patel’s personal emails | CNN Politics

Hackers connected to the Iranian government accessed FBI Director Kash Patel’s personal email and posted materials — including photos and documents — taken from his account, a person familiar with the breach confirmed to CNN.

The hackers have published a series of photos of Patel from before he became FBI director that they claim were stolen from his personal email account. A source familiar with the incident confirmed the images’ authenticity.

The stolen emails appear to date from around 2011 to 2022 and appear to include personal, business and travel correspondence that Patel had with various contacts, according to a preliminary CNN review of the files with the help of an independent cybersecurity researcher.

What the hacking group is calling a breach of “impenetrable” FBI systems is in reality something much more mundane — a breach of things like family photos and details on Patel’s previous search for an apartment, said the researcher, Ron Fabela.

“This isn’t an FBI compromise — it’s someone’s personal junk drawer,” he said.

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Reuters first reported the breach of Patel’s email on Friday.

The FBI has confirmed the breach and said no government information was obtained. The FBI is offering a $10 million reward for information that leads to the identification for the “Handala Hack Team,” a group the FBI says has frequently targeted US governement officials.

“The FBI is aware of malicious actors targeting Director Patel’s personal email information, and we have taken all necessary steps to mitigate potential risks associated with this activity,” a statement from the FBI said in part. “Consistent with President Trump’s Cyber Strategy for America, the FBI will continue to pursue the actors responsible, support victims, and share actionable intelligence in defense of networks.”

US intelligence officials have repeatedly warned about the possibility of Tehran-linked hackers retaliating for the US and Israeli bombing of Iran that began last month. It is also not the first time Iranian-backed hackers have accessed Patel’s private information.

In late 2024, Patel, just weeks away from being appointed to lead the FBI, was informed by officials that he had been targeted as part of an Iranian hack and some of his personal communications had been accessed.

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The 2024 hack was part of a broader effort by foreign hackers — from China and Iran — to access accounts for incoming Trump officials including now Deputy Attorney General Todd Blanche, former interim US Attorney for the Eastern District of Virginia Lindsey Halligan and Donald Trump Jr.

The Iran-linked hacking group that claimed responsibility for accessing Patel’s emails in this most recent breach was also behind a cyberattack earlier this month that disrupted business operations at a major US medical device maker.

The hackers said then that they were retaliating for a missile strike on an elementary school in Iran, which Iranian state media has claimed killed at least 168 children. The Pentagon has said it is investigating that incident.

The Justice Department has accused the hackers of working for Iran’s Ministry of Intelligence and Security. The department responded to the hack of the medical device company by seizing websites used by the Iran-linked hackers to disrupt their operations. But the Iranian cyber operatives have continued to claim victims and spread propaganda.

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