Judge Jerry W. Baxter, who presided over the trial of Atlanta educators who cheated on tests and were convicted of racketeering, briefly reconsidered the sentences he would mete out.
While it appeared that he might not send the disgraced educators to jail, his sentences were indeed harsh. Some of them will spend seven years in jail.
The Atlanta Journal-Constitution’s investigative journalism is credited with first examining the corruption within the city’s public school system. On Tuesday, the newspaper published photos of each of those who took plea deals and the sentences they received.
* Donald Bullock was first. Witnesses testified that Bullock urged them to change test answers, the Atlanta Journal Constitution reported. The former testing coordinator was ordered to serve five years probation, six months of weekends behind bars, pay a $5,000 fine and perform 1,500 hours of community service. As part of his deal, Bullock agreed to waive his right to appeal.
* Angela Williamson, a former teacher, was ordered to serve two years in prison. She was ordered to pay a $5,000 fine and perform 1,500 hours of community service.
* Pamela Cleveland, a former teacher, was ordered to serve one year home confinement, pay a $1,000 fine and perform 1,000 hours of community service. “I am guilty of the charges against me,” Cleveland said in court.
* Michael Pitts, a former schools executive, was accused of telling teachers to cheat and then telling them not to talk to Georgia Bureau of Investigators who were looking into the scandal. He was ordered to serve seven years in prison, perform 2,000 hours of community service and pay a $25,000 fine.
* Tamara Cotman, a former schools administrator, was ordered to serve seven years in prison, pay a $25,000 fine and perform 2000 hours of community service.
* Dana Evans, a former principal, was ordered to serve one year and perform 1,000 hours of community service.
*Tabeeka Jordan, former assistant principal, was ordered to serve two years in prison, perform 1,500 hours of community service and pay $5,000 fine
* Theresia Copeland, a former test coordinator, was ordered to serve one year in prison, perform 1,000 hours of community service and pay a $1,000 fine.
* Diane Buckner-Webb, a former teacher, was ordered to serve one year in prison, perform 1,000 hours of community service and pay a $1,000 fine.
In addition, all of the convicted educators lost their license, their pensions, and five years of compensation.
If only all those bankers who nearly destroyed the economy in 2008 had been dealt with as harshly. But they were “too big to fail.”
Diane Ravitch's blog 
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As a former instructor in the largest public high school system in this country, I am flabbergasted to know that these teachers were tried under RICO statutes. Not only that, they are mostly middle-aged and they have lost everything. Clearly, as African Americans the most harsh punishment was meted out. I remember quite well when I had to stand up to what I refer to a bully principals, who were trying to use their power to get a subordinate to tow the line. My response was and still would be “I have skills and I will travel”. In other words, you may think that I am going to follow your dictates just because I have job in your school. Not hardly..only the strong survive. May the ancestors continue to find these educators and families in their favor.
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Ronke,
Their sentences were harsher than for those who collapsed the economy in 2008, destroyed people’s life saving, and caused them to lose their homes. The racial disparity was shocking.
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Who ever heard of teachers, public school teachers who did not steal, rape, molest, or murder, being charged for racketeering for changing test answers as instructed by their Superintendent, under the RICO statutes? It shows how far our country has slipped into the lower depths.
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You have to wonder who it was that first suggested they be indicted under RICO (a Federal statute).
Who in our government has the biggest interest in making a harsh example of these teachers? (and in not going after others — those involved in the DC scandal, for example)
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RICO was intended for mafia bosses, but law enforcement definitely takes it too far in many cases.
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This reads like a dystopian novel in which there is no greater crime than that committed against the Testing Industry.
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The Holy High Church of Testology allows no infidels. Death to the freethinking, nonconforming, and dissenting heathens, idolators, heretics, paynims and nullifidians!! How dare they challenge THE HOLY HIGH CHURCH FAITH!!!
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Michelle Rhee cheats her way into power and millions of dollar with no consequence but some misguided teachers in Atlanta succumb to bad education policy go to jail. No banksters arrested for stealing billions of dollar and ruining the lives thousands of people even charged, but cheating on a bubble exam that has no real value brings jail time. Justice in America is certainly sullied by this affair and the whole authoritarian approach to American education.
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I can’t believe this… the punishment does not fit the crime! these teachers were wrong, but prison sentences????? Take away their licenses (bread on the table), take away their pensions, fine them, whatever, but jail????
Once again, unless you are a part of the 1% (or contribute to them by passing laws favorable to the 1% & or doing their bidding), you are made out to be almost as bad as a murderer!
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If they any of them are sole bread winners, we now have set them and their families up for the welfare system. I can think of a few more worthy candidates for that fate.
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This is the biggest, most high-profile white collar prosecution and conviction we’ve seen in ages!
It’s like after ENRON we decided we’re just not prosecuting powerful or wealthy people anymore.
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I don’t know about that. I would agree that the lack of criminal prosecutions based on the RMBS fraud that led to the financial crisis is striking. But there have been a lot of high-profile insider trading cases prosecuted against hedge fund traders in the SDNY over the last several years.
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You must’ve missed the Diamondback/Level Global ruling recently. It gives Wall Street more latitude – just what they need. And overturns convictions. And ties the hands of prosecutors. But you cleverly say prosecutions, not convictions that stand on appeal.
Let’s be honest. Teachers do not have the deep pockets to hire Wall Street lawyers.
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That is a big case. But I’m not trying to be clever. I could have said “convictions that will stand/have stood on appeal” and my meaning would have been the same. The SDNY has probably gotten 50 to 100 insider trading convictions in the last few years.
I agree top white collar attorneys are out of reach for almost all defendants.
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My apologies for suggesting cleverness. It seems to run amok, at times.
The Libor Scandal is another one that stunned me in the lack of real accountability. The U.S. government seemed helpless, at best. Another free pass for banks. It shows how powerful and untouchable Wall Street has become. Americans never learn. Even our governor in Ohio was part of the failed Lehman Brothers debacle, yet runs the state.
I am still waiting for someone to be held accountable for destroying the economy in 2008 due to systemic gambling. No convictions. Yet we lock up teachers for erasing bubble sheets under orders and threats.
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Martha Stewart goes to jail for “insider trading” of $250K. Jamie Dimon goes free for causing losses of misspent trillions…but the bank pays his fine and he gets a bonus. Obama love Dimon…claimed he is his favorite banker.
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The insider trading indictments are all about diversion and misdirection. Preet Bharara, US Attorney for the Southern District, is a former factotum of Chuck Schumer, aka The Senator From Wall Street. His efforts are all about ignoring systemic corruption and instead sending the message that it’s a matter of a few bad apples.
Watch as he does the same thing with the state government investigations, which will pile on a few corrupt pols, but will leave the chief racketeer in Albany, our Reptilian Governor, untouched.
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The insider trading cases pursued by the SDNY may be diverting, but I don’t think Preet Bharara brought those cases for the purpose of diverting your attention from systemic corruption. I think he brought them for the usual reasons that a US Attorney brings high-profile cases: he thought they were winnable and that they would burnish his reputation and the reputation of his office.
I’m watching the state government investigations with great interest. Corruption charges can be tricky, and, for both political and reputational reasons, Bharara would not indict Cuomo without stronger evidence than he would require in a less visible case. (“If you strike at a king, you must kill him.”)
If he gets the evidence, I believe he would indict Cuomo. I think the real issues are whether (a) the evidence exists; (b) if it does exist, how much will Cuomo do to prevent Bharara from getting it; and (c) how much knowledge is there outside of Cuomo’s inner circle. One would think that if anyone would be able to point Bharara toward buried bodies, it would be Sheldon Silver. Would Bharara offer Silver immunity in exchange for Cuomo? I would think hell yes. If not, then he’s a lot less ambitious than he appears.
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Actually, the modern precedent for forgiving powerful lawbreakers was the Nixon pardon by Gerald Ford. In Glenn Greenwald’s book “With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful” he connects historical events in which the powerful have eluded legal punishment whereas the rest of the population faces the harshest sentences.
As a former constitutional lawyer, Greenwald makes a strong case that our political & judicial systems are compromised. He claims we are living in a two-tiered justice system- one for the “haves” and one for the “have-nots” .This sad & tragic verdict exemplifies this unjust system.
If you don’t want to read the book, here’s a C-Span version with Greenwald & Chomsky talking about it:
BTW, The Enron case exposed another piece of legislation hidden deep in some unrelated law about worker pensions. The pension benefits accrued by the Enron workers were liquidated & given to investors- hence hundreds of average people lost everything. The laws says in cases of corporate bankruptcy investors are paid first.
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It’s an odd scenario. It looks like the Judge essentially ordered the prosecution to meet and confer with the defendants and hammer out plea deals that would give minimal or no jail time but (as in all plea deals) would require the defendants to accept responsibility in open court and waive their right to appeal. And it looks like only two defendants agreed to those terms.
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So much for presumption of innocence in a fair trial. It is more like a 17th century witch trial, “we will threaten you with burning at the stake unless you confess your guilt”. We have become North Korea.
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That’s what a plea agreement is, MathVale. It’s an agreement in which the government offers a particular sentence in exchange for a defendant’s admission of guilt and a waiver of his right to an appeal. And then if the government and the defendant reach a plea agreement, it still has to be approved by the court. The judge will ask the defendant if what’s stated in the plea agreement is accurate (i.e., do you admit your guilt), whether it was reached voluntarily, and whether the defendant understands that he is waiving his right to appeal his sentence.
Re: “presumption of innocence in a fair trial” — the trial is over. The defendants were convicted by a jury, and the case was at the sentencing phase. A judge is not required to presume the innocence of a defendant who has just been convicted of a crime.
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Also, re: “we will threaten you with burning at the stake unless you confess your guilt” — you’ve just described the feeling that every single criminal defendant has when he receives his first plea offer. Not to be taken lightly, but also not some phenomenon by which we have only recently “become North Korea.”
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Yes. I know. Plea agreements are not trials. They are circumventing the justice system. The prosecutors throw as many charges as they can at the accused, threaten a harsher prosecution if it goes to trial, and demand an admission of guilt of some type. I’ve seen it in action. Knowing and witnessing someone falsely accused, the power and discretion of the State is immense. A person hopes they get a law official or prosecutor that isn’t overworked and gives a darn, especially if they cannot afford a good defense lawyer. And people complain about defense lawyers till they need one! Often, the accused just wants to move on from the nightmare. Something is lost in all of this, I just can’t put my finger on it…
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And I’m not indicting prosecutors. At least a couple friends practiced for many years in criminal courts and they are admirable people who want to make society better. Just like teaching, the system is a challenge experience.
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This is an outrageous prosecution. The judge and prosecutors need the defendants to “confess” so they will look less like the biased, flagrant bullies that they are. They really had to twist and pervert the legal system to get a conviction for racketeering. This judge is an absolute monster.
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Clearly, there is no fairness under the “rule of law”. We had a President, vice president and much of their administration who took the country to war without any legitimate reason; who authorized imprisonment without trials and unlawful torture. They have not been charged and are free to continue to undermine our current president.
The Atlanta school district personnel violated the law and the professional responsibilities that were entrusted to them. They should be punished but the sentencing is too harsh in comparison to what some of our elected officials have done without any consequences
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This news makes me afraid to even proctor a test. What a sleazy way to get rid of a teacher who speaks out against testing and informs parents of their right to opt their children out of testing. Find a way to show I didn’t follow testing protocol or discover testing irregularities and I can be shamed, lose my license, and go to jail. Sure, I get there are differences here, but this news opens the door. What if all teachers refused to administer the tests in support?
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That is the danger this case presents. Certainly, changing test scores is wrong, illegal, and should not be allowed. Intimidating and threatening others to change scores is worse, which is probably why the administrators and coordinators received harsher sentences.
But to invoke the nuclear option of RICO and pension clawbacks serves a manipulative purpose. These convictions are a clear message to teachers. “We are in charge, not you”
Now every teacher and principal must look over their shoulder. Can I change this grade from a C to a B on an essay? Is allowing students to retake a math quiz going to later be used against me? What if I hand a student a kleenex during standardized testing – is that going to put my license at risk by an accusation?
These seems far fetched, but slippery slopes are slippery. My concern is Reformers will do whatever they can to maintain control.
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The judge has sentenced the Atlanta to varying jail terms and he mentioned how “they had harmed the children” by their actions.
I haven’t followed the Atlanta case closely, but just HOW were children harmed?
If the Atlanta were the standard, big test, then the students were definitely NOT harmed in any shape, manner or form. Standard test don’s determine promotion or retention, do not affect placement or final course scores and, in fact, as we know, are of no consequence to the student. (They may have consequences to the teacher (VAM) or to the school (A-F ratings)) but they do not affect the children in any way.
The consequence to the student seems to be non-existent and the very premise of the punishment phase of the trial seems to be erroneous.
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Excellent point! Since we don’t even get to know what questions the students missed, how can the students be harmed? Since there is no consequence to the students, how can they be harmed? Since the low scores can damage students’ self esteem that’s one way they could be harmed, but I’d guess that the students’ scores were improved, not lowered… golly, gomer, I wish I’d gone to law school & could jump in and address these unfair court decisions… sure wish some young up & comers would take on this education mess! or more journalists would do due diligence & really report what is happening…
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When I listened to the judge that was my first question. How was this situation of any consequence to students? The judge stated, “There were thousands of children harmed in this thing. This is not a victimless crime.” And a national news reporter said, “This cheating scandal short-changed some of the city’s most vulnerable children, who are now years behind in their education.” This is a public belief, but we know these tests play no role in advancing children in their education. We must not let this fallacy be spread. It gives more false credence to testing policy.
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Sending these educators to jail is far beyond the pale. To use the Rico standard is wrong and smells of a political statement. Urban districts are under attack. There is a concerted movement to do away with Public schools and prop up Charter schools. Parents should beware. Common Core and other initiatives that are forced on Urban district are refused and rebuffed by suburban schools.
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If a situation is vile enough, decent people do bad things in the worst of times. So who is held accountable here in Atlanta? Probably decent people held in front of “the fire”. Why aren’t those individuals at the very top of this insidious chain (well beyond Atlanta) held accountable?? Oh I forgot they are playing from the “Enron” playbook. They inflict extreme harm with absolute moral turpitude and do so without anyone forcing them to do so and with the intention of great self benefit and GET AWAY WITH IT. So I ask which is more reprehensible…
1- someone doctoring bubbled in answers to “help” a student pass a useless/detrimental test
or
2- someone in a position of authority creating a test which truly is destroying children… making them truly believe they are failures, making them hate what they believe to be “learning”, teaching them that they have to claw their way to the top in a RTTT manner and finally winding up dependent as opposed to independent in adulthood because they have spent their entire youth learning to fill in answers on a test being told what to do, what to think, how to think etc… instead of learning?
Coleman, Danielson, Duncan, Bloomberg etc should be trading places with those teachers and administrators as far as I am concerned and even then the sentence would be too lenient.
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“it cannot be ignored that under Dr. Hall’s leadership,” Duncan said, that Atlanta Public Schools had reported huge, double-digit jumps on the national standards tests.
“Whatever the outcome of the state investigation, these accomplishments should not go unrecognized,” — Arne Duncan, October, 2010 (Colorlines)
Arne must be psychic.
Hall’s “accomplishments” most certainly did not go unrecognized.
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I’d like to say how truly disgusted I am with the most accurate wording, but the language wouldn’t be allowed here.
But I will say this:
It’s time for a REVOLUTION against the standardized tests.
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Reblogged this on David R. Taylor-Thoughts on Texas Education.
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Yes, that judge needs to compare the educators to some of our great politicians and what they do to get elected. Especially, since the superintendent died over this.
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It’s reported that the federal prosecutors asked for less time than the judge imposed. Possibly, they began to feel guilty about overreach, which is not unfamiliar to them.
The police at Kochs’ alma mater, MIT, arrested Aaron Schwartz, a student political activist who advocated for democracy. The federal prosecutors brought big guns, threatening Schwartz with lengthy jail time for theft of JSTOR articles, which are freely available online on college campuses.
Under the pressure, Aaron committed suicide. His loss was a major loss for the nation.
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Agreed. Please don’t let Aaron have died in vain. Share his story, incorporate it into your lesson plans, whether it is language arts or social studies. Let his story become a starting point in teaching students to ask more question and think more deeply.
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Is there any comprehensive media coverage of this case from the beginning? I remember when the charges were brought but would like to see some accurate account of the case/events.
Is that judge’s last name Pearson?
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Meanwhile the perpetrators who committed the largest theft in US history were all let off scott free and susequently hired to senior cabinet position within the current administration. Priceless!
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And the Obama admin. immediately stepped in to denounce the sentences.Keep voting, suckers.
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The Guardian reported, “Superintendent Hall (now deceased) gave principals 3 years to meet testing goals. Those who didn’t, were replaced. During her ten year tenure, she replaced 90% of the principals. She received $500,000 in performance bonuses.”
Summarizing,
Subordinates who failed to meet targets, fired.
Subordinates who met targets, punished by judiciary.
Supervisors who applied screws, in return for bonuses,….?
Top management, who created and drove the system,…?
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Today, the Atlanta Journal reported “the average bonus for the charged teachers was $2,600…. Dr. Hall’s bonus was $365,000, since 2005.
At $2,600, it seems likely, alleged actions, were aimed at keeping jobs, not making big bucks. Prosecution under RICO, instead of, altering public records, really?
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