Friday, February 13, 2009

"I Found a Little Nobility in the Act" and "This Case is Over"

"When I ran away from slavery, it was for myself; when I advocated emancipation, it was for my people; but when I stood up for the rights of women, self was out of the question, and I found a little nobility in the act." Frederick Douglass. 1881

In the year of Lincoln's 200th Birth Anniversary, it is easy to overlook Frederick Douglass. I think every student should be required to read his autobiography, both for its literary content, composition, and moral imperatives. Douglass spent his life advocating for the dispossessed and marginalized; he is a giant and his writings effect people to this day.

Alycia's long road has finally forked away from the City of Troy on February 26, 2008. Alycia was jailed at the request of the City of Troy Probation Department, and I visited her on Friday, February 6, 2009. She was sitting all curled up and crying in the jail clinic holding cell with 4 other women. The first night in jail, she went into false labor, and the jail personnel had to take her to the hospital. She was dehydrated and needed a saline IV. Alycia was nauseated and vomiting. The jail deputy said they would notify the Judge. I have no further comment about the treatment of Alycia by any persons involved in her arrest, prosecution, sentencing or incarceration. Sufficed to say, she stood in jail until the conclusion of her 5 day jail sentence, which speaks for itself.

I don't know what Thomas Athans did the night of Friday, February 5, 2009, or any of the next four nights Alycia was in jail. "Dewayne Johnson" or whatever he calls himself probably moved a few young women around and collected his $3,000 to $4,000 dollars a night. The Detectives, the Court staff, the Troy Probation officer involved, all the City Attorneys and staff were probably at home with their families. I do know what Alycia was doing. Alycia spent her night on a plastic bench in the Oakland County Jail crying and vomiting. What exactly was she guilty of? By accident of birth in a lower income strata of society Alycia is simply treated differently. Alycia is guilty of being poorer than Thomas Athans. I have been told that when Alycia as a small child would sing at County competitions and fairs in Massachusetts. Her sister says she was unbelievably talented singer.

Alycia also wrote poetry and had a book of poems she had collected since childhood. That book, along with all her clothing, identification and family photographs, was taken from her by the pimp and she never saw it again. My wife and I are going to buy her another book so she can start writing poetry again.

The Oakland County Sheriff released her at 12:30 PM, and my wife, Julianne and I drove the "circuit" (Macomb Township to Pontiac to Detroit to Macomb Township) probably for the last time. We got back to our house at 2:50 AM. We had brought the baby shower gifts to Alycia at Court, but as you know, she was thrown in jail. Alycia took them on Monday morning. No one except Alycia's sister showed up at the baby shower on Tuesday, February 3, 2009.

After we picked her up from the jail, Alycia immediately fell asleep when she got into the car and slept the entire way home. My wife was shocked at the number of cars and people waiting at the back of the jail for prisoner release. Julianne said if she hadn't married me she never would have imagined the numbers of people jailed or seen the entire subculture. The siren sounds, flashing red lights, and and a huge garage door lifts and the prisoners come wandering out of the intensely lit interior of the jail into the night in a daze, similar to a scene from Close Encounters of the Third Kind.

Alycia said the prisoners were lying on the floors and sleeping on cots in the common areas in the jail. Alycia told me that after I visited her on Friday, that is when she stopped crying. It really matters to people in her situation that people (usually family) step up and show them that they matter. I told her I visited her because I wanted to make sure she was alright. I gave her a message from my wife to think about her baby and how lucky she was to be with her fiance. I told her it was going to be okay and how it was all for the best that it all be over with.

I told my Julianne that under different circumstances, I am sure the pimp would be there to pick up a girl after she was jailed, and fill her with hate, anger and fear of the police and the Courts. We were just glad she was safe and sound.

Alycia said how happy she was that she never had to go to jail again; how nice it was to breathe fresh air; and not owe any more money to the City of Troy Probation Department. As Alycia was being led away to jail, in handcuffs, and crying, the Assistant City Attorney asked the Court to impose more fines and costs to be assessed against her.

Judge Bolle, denied the City of Troy request, and stated, "this case is over."

Saturday, February 7, 2009

Detroit Free Press - Only Reporter at Martin Hearing

Woman in prostitution case gets 5 days in jail
BY KORIE WILKINS • FREE PRESS STAFF WRITER • February 6, 2009

In tears, the Westland woman accused of accepting money for sex from the husband of U.S. Sen. Debbie Stabenow, D-Mich., began serving five days in jail Thursday for violating the terms of her probation.

Alycia Martin, 21, was sentenced in August to 6 months of probation on a misdemeanor trespassing charge after she was arrested in a prostitution sting in February 2008 at a Troy hotel.

Police allege Martin performed oral sex on Tom Athans, Stabenow's husband. Athans was not charged in exchange for his assistance in the case.

According to court officials, Martin had not showed up for mandatory drug and alcohol testing since September.

Her pro bono attorney Frank Cusumano Jr. repeatedly has said Martin, who makes less than $100 a week working in a fast food restaurant, could not afford to pay for the testing.
"My car breaks down every other day," said Martin, shortly before she was led away by an Oakland County Sheriff's Office deputy. "There's nothing I can do. I can't walk here. And I don't have money for gas most of the time."

But 52-4 District Judge William Bolle said it didn't seem Martin was going to be able to comply with her probation.

Cusumano said Martin, who dropped out of high school in ninth grade and has been on her own since she was in her late teens, is working to get her GED.

"Alycia will get through this," Cusumano said. "She'll serve her time. I don't know why he'd throw her in jail, but it underscores the whole thing. There is a disparity between wealth and poverty."

Contact KORIE WILKINS at 248-351-5186 or kwilkins@freepress.com.

Thursday, February 5, 2009

Alycia Martin Sentenced to Jail - High Profile John and Pimp Never Arrested or Charged

On February 5, 2009, Judge Bolle of the 52-4 District Court, Troy, Michigan, revoked Alycia Martin's HYTA status and sentenced her to 5 days in the Oakland County Jail without comment. The rationale behind that violation of probation was that Martin had failed to comply with certain PBT test requirements, drug screenings, and payment of fines and costs. It should be noted that Alycia Martin had submitted to drug screenings (and tested negative) and paid fines and costs, however, not enough by the terms of the Probation. Despite no allegation that Alycia Martin had actually done anything "wrong" (other then present proof of the negative), she was violated and jailed. The alleged violations were for failure to pay fees and complete the schedule of probation department ordered tests. Those tests all are independently administered and must be paid at the time of service, otherwise, the defendant is not allowed to take the test and is subject to violation of probabtion, The Court was aware, prior to sentencing Alycia to jail, that Alycia's gas and electric had been shut off because of her inability to pay the utility companies. Any rumors that Alycia Martin has done anything illegal or wrong, including criminal activity, or drug use are simply untrue and false. Martin is simply too impoverished to comply with the terms of probation imposed by the Court at her sentencing, and it was just a matter of time before she was violated.

"Threat to the Victim Thomas Athans or the Public
Ms. Martin was not a threat to the alleged victim Thomas Athans, or the public. Martin is simply a young woman that was in trouble in her life.
Summary of Progress and Substantial Compliance
February 26, 2008 through present
Martin has had no contacts with law enforcement for violations of any laws and appeared at every Court scheduled appearance in Wayne, Warren, and Troy (after having pro-bono defense counsel appear on her behalf).
April 29, 2008
Martin turns herself in.
July 22, 2008
Martin obtains her first driver’s license, and registers to vote.
November 7, 2008
Martin votes for the first time in a Presidential election.
August 2008 - present
Martin has found gainful work, (albeit part-time);
Cares for up to three children at home;
Is expecting a child of her own;
Re-established a relationship with her father;
Martin has paid her bills without resorting to the lure of "easy money" by being an exotic dancer/stripper;
Martin has tested negative for drug use in all the tests she has taken;
Made payments on the testing to the extent she is capable without any help from outside sources;
Martin has sat for and tested on the first half of the GED and could only not complete the second half due to an infection which she had to seek medical treatment;
Martin has also reported to Probation for her interviews although Probation feels there should have been more interviews, more PBTs, more drug screens and more fees paid.
Conclusion: Martin has clearly demonstrated that she is trying to regain her life. Martin has come a long way from being alone, hungry, destitute and desperate in a Troy Motel room. Martin took the opportunity to turn herself in and face the charges. It was Martin that said "I don’t want this for my life." At sentencing Martin took responsibility for her actions and has faced the consequences. Martin has publically described the event as a blessing in disguise. Martin bears no ill will toward the Troy SIU, the City Attorney’s office or Thomas Athans and only wishes to move on with her life if allowed to do so.

Martin has substantially complied with the terms of her HYTA terms. The only failure by Martin has been due to her poverty, which was well known since day one of this case. All Martin needed was a credible opportunity and someone to help her regain her dignity and self worth. It has been a formidable process ending the cycle of fear of the Courts and the Police for this young woman.

It was well known both before and after sentencing that Martin could not financially comply with the terms of the HYTA sentence because she simply did not have the financial means to comply. Repeatedly, these facts were brought up in open court. None of that mattered, however. Martin is due to be released Monday, February 9, 2009.

High Profile John Released Scott Free - Why All the Smiles? You Decide.

Troy police indicated (under oath) that Thomas Athans was threatened with charges and forfeiture. View the pictures and you decide whether this rings true. Pay particular attention to the final frames where the police officer actually shakes Athans' hand.