On the Problems with Selective Empathy and the Promise of Reintegration

There are people who have seriously wronged me and I have said nothing. I don’t give them a whit of my thoughts and I do everything in my power to avoid running into them, even as I leave the door open for reconciliation if they want to approach me and seek amends. That is the least we can do as human beings. It is a focus that took me five years to figure out. And I’m a lot happier and more creative as a result.

But every now and then, you find out about someone who is still unhealthily fixated on you. There is someone online who has been obsessed with me now for a good nine years. Nine years. It’s almost as if she thinks we were married or something, but I’ve never met her and I’ve had a grand total of two interactions with her.

Even so, I would rather be honest about my inadequacies rather than bask in the sham panacea of feeling better about myself. The truth of the matter is that, while I have made great strides in finding more compassion for people, I am clearly not extending enough unconditional empathy in my life. Rather than holding grudges, I simply erase people who have hurt me from my existence. I do this because to dwell on them further is to invite more anger I don’t need into my life. I view this as a great moral failure and I am hoping to make greater strides in being more understanding towards other perspectives. Some may argue that there is nothing wrong with avoiding toxic people and there is certainly some truth to this. You don’t want to surround yourself with people who belittle you. On the other hand, the definition of “toxic” has become highly malleable in recent years. We are more content to write someone off over a minor disagreement in opinion rather than an assiduous assessment of what our actual relationship is and could be with another person.

The person who is obsessed with me doesn’t seem to be happy. I keep waiting for her to stop being obsessed with me. For goodness sake, when do you let something go? It’s clear from an objective analysis that she hasn’t done much with her life and that she has creative aspirations that she hasn’t tried to pursue (or, if she has, it didn’t go as planned; Ed, you’ve been there; so what’s with the paralysis?). So I suspect that’s one of the reasons she’s projecting her wanton fury onto me. She keeps publicly comparing me to the likes of Bill Cosby, Alan Dershowitz, and other terrible people with whom I clearly share no qualities. My response has been to stay resolutely silent and keep her blocked on all social media. I suppose she’s the Annie Wilkes to my Paul Sheldon. I suppose that I should count myself fortunate that I haven’t been in a car accident in her neighborhood.

I really don’t comprehend this kind of obsessive jealousy. But if you’re actively busting your hump on the creative front and being transparent about your process to provide help and inspiration to others, it is an inevitable and unfortunate reality. Hate and jealousy tends to bubble up from people who aren’t doing anything with their lives. We rarely talk of thwarted ambitions and the way in which people project their own failures onto others rather than taking the time to see how they can make their lives happen. The jealous grudgeholder looks at some figure who is actively seizing the reins with originality, good will, and a solid work ethic and perceives weird opportunities to resent the target and tear him down. This is to be distinguished from reasonable criticism, which allows an audience to thoughtfully comprehend another person’s work and is often quite useful, but should never be taken personally.

I suppose I’m thinking about this person because there is a part of me who wants to empathize with her crazed zeal and redress this weird grievance she has with me, even as I simultaneously recognize that doing so may not be good for my wellbeing and will probably not result in anything more than further grief on my end and renewed obsession from her. There’s also the question of whether I have the emotional energy to fully empathize with her position and provide the appropriate closure for both of us. Dylan Morran has a podcast called Conversations with People Who Hate Me in which he talks with people who have made him the object of their anger. Even though I greatly commend his efforts to reach out to his enemies, I still think that Morran isn’t being entirely transparent about the selective manner in which he practices his professed empathy. Because that’s the thing. Empathy isn’t just about listening to your enemy. It’s about finding the visceral space inside you to truly feel and understand your enemy’s perspective. You can’t extend an olive branch through a pro forma gesture. You really have to demonstrate that you genuinely care.

The excellent British TV series, Back to Life, written by Daisy Haggard and Laura Solon, is one of the few recent offerings that deals with the double-edged sword of trying to empathize with someone who has committed a monstrous act. Miri Matteson (played by Haggard) has served an eighteen year prison sentence for murdering one of her best friends and returns to her small town in Kent to rebuild her life and find a second chance. The show is brilliant in the way that it doesn’t dwell specifically on Miri’s crime, but rather Miri’s life as it is now. The town vandalizes her parents’ home, where she is staying. She manages to land a job at a fish and chips place gentrifying the neighborhood (a beautifully subtle metaphor for the need to accept change), but a brick is thrown through the window during one of her shifts.

All this leaves the audience contending with a vital moral question. Does anyone deserve such treatment? If a transgressor has done her time and is peacefully trying to forge a stable life, shouldn’t we grant the transgressor that opportunity? The show counterbalances Miri’s struggles to readjust with benevolent gestures from a neighbor who is unfamiliar with Miri’s past, but who accepts Miri on her own terms, even going to the trouble of fixing her childhood swing in the dead of night and extending decency. The show suggests, through humor and a nimble attentiveness to behavior, that there is a certain human strength that emerges from simply accepting someone on their own present terms. Moreover, as the truth of Miri’s past becomes more dominantly recognized in the present, we are forced to consider the question of how prohibiting a transgressor from having a second chance may cause the transgressor to repeat the old patterns. Sure, nobody owes anyone a second chance. But what great possibilities and connections are we denying by insisting that someone’s transgressive nature is permanent? The idea of not giving a transgressor a second chance used to be a conservative staple, but now it has become increasingly practiced by ostensible liberals.

The criminologist John Braithwaite has written a number of very useful volumes on restorative justice — particularly, Crime, Shame, and Reintegration, in which he points to many statistics where disintegrative shaming — meaning the permanent stigmatization of someone who has transgressed — often leads to recidivism. Whereas reintegrative shaming, meaning a period of shaming followed by forgiveness and a slow acceptance of the transgressor back into a community (rather than making him an outcast), usually results in greater peace. Among Braithwaite’s many examples is the fact that American offenders are more than twenty times as likely to be incarcerated as Japanese offenders. The difference is that Japan takes on the shame as a collective community rather than passing the shame onto the individual.

So if reintegration works better than shaming, why then can I not find it within me to settle the dispute with the person who is obsessed with me? Obviously, Braithwaite, writing in 1989, could not anticipate the rise of social media weaponized to destroy lives and careers. He could not anticipate how instant spurts of 280 character tweets result in people forming cartoonish impressions about people, such as Sady Doyle falsely accusing opinion writer Liz Bruenig last week of threats without producing a shred of evidence. What rational person can blame Bruenig for her response? Most people, faced with the mania of impressions and accusations, just want to be left alone. (The above screenshot is from a tweet that Bruenig deleted. To offer full disclosure, Doyle has also lied about and libeled me, as well as some of my friends. But I also understand from people who know her that she is suffering from mental health problems. My hope for her, despite the hurt she caused me and the translucent relish she took in meting it out, is that people close to her can get her the help and the treatment she clearly needs so that she doesn’t have to behave like this again.)

Even when we talk about the need for more empathy, you can’t escape the fact that it will always be selectively and individually applied. I’m willing to own up to my own flaws on this front. But the people who have advanced careers through this philosophical position don’t seem to have the same ability. After all, they have books to sell rather than hearts to extend. Five years ago, Jon Ronson wrote a book called So You’ve Been Publicly Shamed?. While Ronson’s volume was certainly progressive in the way that it asked us to consider the lives of people who had been hounded by the hordes, the problem with Ronson is that he can only perceive disproportionate punishment with “people who did virtually nothing wrong.” I’ve read and listened to a lot of Ronson interviews and I’ve yet to find a case where he has shown willingness to extend true empathy to people who have done something wrong and who want to make their lives better. The whole point of justice is to allow for rehabilitation and reintegration. While Ronson demonstrated how perceived transgressors suffered undue hardship, you can’t even begin to have a conversation like this until you consider how people who have been “canceled” live out their lives. Nobody’s life ends just because you decided to wipe him away from your windshield.

Perhaps we do have some collective obligation to reach out when it’s difficult. I recently settled a dispute with someone who had falsely and belligerently accused me of behavior that I never committed in a support group. Instead of getting angry with him, I took a deep breath and wrote a very careful message with him pointing out that I understood his feelings and that I had been carefully listening to him the entire time while also declaring that I genuinely cared for him and refused to feel angry towards him. He then sent a message to me apologizing for his previous message and declaring me a “good guy.” We were able to patch it up, but that’s only because we had actually met face to face and had taken a little bit of time to know each other.

Social media, despite its professed “social” qualities, doesn’t allow us that pivotal face-to-face contact. It doesn’t allow us to better understand another person’s motivations and perspective and find common points of empathy. It is a common truth that most disputes can be settled easily in person. But we have increasingly shifted to an age in which people pine for the easier method of erasing someone from existence. It is far easier to stigmatize someone if we have never gone to the trouble to know them. But it also reduces complex human beings into little more than one-dimensional transactional vessels. One can look no further than the rise of ghosting and people writing others off on flimsy pretext if you have the misfortune of being single in the metropolitan New York area.

The question we now face is whether reintegration as a virtue for a better and happier world that allows more people opportunities to live positive lives overshadowing their worst mistakes is something that we can implement in an age driven by castigatory social media. It’s certainly a tough sell. But I also recognize that, as more data about individuals becomes increasingly public and more past episodes are dredged into the bright xenon lights of public opinion, we’re going to need to find more ways of embracing this necessary difficulty. It isn’t feasible to ask anyone to live up to an impossible virtue. But there is always something very beautiful in learning how to empathize with someone once we have come to understand why they committed their worst mistakes and once we see that they, like us, are willing to change.

Crime Junkie: How the Most Popular True Crime Podcast Turned to Serial Plagiarism

Ashley Flowers was an Indiana native with big dreams, slick sales savvy, and a fierce determination to be number one. She was in her late twenties. She’d earned a bachelor’s degree at Arizona State University. She’d studied genetics at the University of Norte Dame. But in September 2016, the world wasn’t bending the way she thought it would. Ashley’s biotech background couldn’t land her a steady paycheck. So she worked as a software sales exec and made the best of it. Instead of squinting at genomes, she was poring over revenue reports.

She kept the tech gig because the place was dog-friendly. She could toil while Charlie wagged his tail just next to her. A playful pooch with a big bark. Proudly featured on the company’s Instagram feed. An important part of her life. The first taste of working on her own terms.

She wanted more.

She found some hope in what she had. The Crime Stoppers of Central Indiana, where she volunteered and eventually served on the Board of Directors. An important figure. A respected position. A childhood friend named Brit Prawat who shared the same birthday. A brother named David who knew how to edit or who could, theoretically at least, figure out how to. Important connections. The fond memory of watching “geriatric” mystery shows with her mother. An important formative experience. A weekly morning radio segment on Radio NOW 100.9 called Murder Monday, where she’d get up very early and be at the microphone by 7:30 and join Joe and Alex and talk about murders and missing people and creeps lurking in the night and maybe get a little attention. Important attention.

And she liked that. Both the attention and being on the radio.

But why couldn’t she be bigger? And why couldn’t the segments be longer? And why shouldn’t she make money at this? Ashley figured she could pack away some dough and beat them all her way. By working harder than anyone else. Three hours before work. Late into the night after work. She’d listened to true crime podcasts. All of them. Or so she told everybody. Why couldn’t she do it?

And so she did. The program was Crime Junkie and it had a winning formula. Two friends gossiping over a cold case or a grisly homicide as if they were discussing the right apricot chutney to serve with the duck breasts. But somehow it worked. Brit playing the bewildered pal muttering many wows as Ashley told her the crime story. No ad libbing. All of it tightly scripted. Or as scripted as she could make it. There were only so many hours each day. With David cutting it all together. A family affair. Two childhood friends together on the podcast, even though they were separated by a two and a half hour drive between West Lafayette and South Bend and they only seemed to see each other when they made promotional appearances.

She put up a new thirty minute podcast every Monday. Longer than her radio spots. On her own terms. And it blew up. With cards placed in women’s restrooms. Loads of cards. And marketing. Paid marketing, as Ashley was to tell two Italian dudes who ran a podcast in her hometown. What kind of paid marketing? Well, some have speculated. The numerous five star iTunes reviews — with their repeat use of “love this podcast,” double exclamation marks, and “obsessed” — were fishy, as were the questionable user names, which included such improbable identification choices as “Addyjeannnewcomb1234” and “vgifddssetivdyiogfdgjobvr.” The download stats were wonky. How does a show jump from nine million monthly downloads in March to sixteen million in July? What “paid marketing” cooked these numbers? Again, we can only speculate.

But who really cared? Ashley and Brit were a success. The United Talent Agency came calling. For the right price, you too could blow the entirety of your quarterly budget to have Ashley Flowers fly out and speak to you on one singular but vitally important topic: “A Conversation with Ashley Flowers.” There was a TV deal. A second podcast series. An empire to build. What could go wrong? Ashley and Brit sold out every damn venue on their maiden live show tour. Every show. You can’t argue with results. Multitudinous meetups where the duo had charmed crowds. It is estimated that Crime Junkie now earns somewhere between six figures and seven figures each year. This buys, as the old saying goes, a lot of corn chowder.

There was just one problem. One very serious problem. A math problem. A time management problem. Those twenty-five to thirty hours that Ashley spent each week to write and research the show simply weren’t enough. Ashley had to cut corners. Somewhere. The money was important. The attention was important. The adulation from her fans was important. She squashed any comment that wasn’t a fawning compliment on the Facebook forum like a bug zapper sizzling a pesky insect. Because successful people have to stay successful people. And if they believe in success, then other people will still believe they are successful.

Even when they break the rules.

And so Ashley Flowers decided to become a serial plagiarist. Sometime around the twenty-fifth episode. Continuing to this day. (Crime Junkie has released 95 episodes to date, with a June 24, 2019 episode devoted to Amanda Cope pulled after Flowers got many details wrong. Flowers released a new Episode 87 dedicated to the Sumter County Does on July 1, 2019.) Because it was her show, she had no one to answer to.

Ashley read the words — verbatim sentences or lifted syntax with willowy asides to disguise the outright theft — from Wikipedia, from passionate podcasters who put in unpaid hours doing their own research and who formed their own conclusions, from journalists who spent the day sifting through public records and who toiled for months getting their sources to trust them. Crime journalism is not a field for the timid. But Ashley was not a journalist. Still, the ends justified the means. At least that’s what Ashley kept telling herself.

But then came two vital whistleblowers: (1) The journalist Cathy Frye left a comment on Ashley’s Facebook page on the evening of August 11, 2019, pointing out how her four part series on the 2002 murder of 13-year-old Kacie Woody, “Caught in the Web,” had been severely cannibalized for “entertainment.” Frye noted that she had “spent months” working on the series and that the details that Ashley relied on could only have emerged from her exclusive time-consuming work (as BuzzFeed‘s Stephanie McNeal would report four days later, the project had “sucked a big part of [Frye’s] soul,” with Frye taking months to get Kacie Woody’s father to talk). (To get a full sense of the scale here, this document points out just how thoroughly Frye’s work has been scraped and repurposed without credit.) (2) A cheerful true crime fan by the name of Millicent Tirk who could no longer stand to see the work of her friends stolen and who, on August 13, 2019, called out Crime Junkie on Facebook. The failure to credit hard work and the subsequent outrage whipped up the true crime community, with many unsubscribing from Crime Junkie as articles in Variety and The Week started bubbling up the news feed.

When it finally started to go south for Ashley, when the many shocked listeners discovered more than one hundred instances of plagiarism and who knows how many more (all carefully collected on a Google spreadsheet generated during the course of this investigation and, most glaringly documented on YouTube by Trace Evidence‘s Steven Pacheco), the thefts were appearing nearly every week. But Ashley didn’t care. She would never acknowledge her wrongdoing, a series of transgressions comparable to those that derailed Janet Cooke (forced to return her Pulitzer), Jonah Lehrer, and a magazine that lifted recipes. She deleted episodes that had contained vast swaths of cutting and pasting and reciting, as if the words had emerged wholly from Ashley Flowers herself. Episodes revived from digital extinction with the help of three anonymous listeners — when it became necessary to create a mirror of the entire Crime Junkie archive just in case Ashley decided to delete additional episodes — revealed the plagiarism in glaring detail. When Ashley and Brit released Episode 94 on August 19, 2019, the week after the plagiarism news hit and stunned many, the two did not acknowledge the behavioral pattern that had been exposed the previous week. But there were four bright new lifts from Wikipedia. Ashley and Brit were making money. They had won fame. All Ashley had to do was pluck the work of others and claim it as hers and keep on doing this. Surely nobody would care. And because the numbers hadn’t dipped that much, she believed she could keep this ruse going.

But many previously loyal fans — such as a Reddit user named @spoilersinabox — feel betrayed by Flowers’s failure to acknowledge her wrongdoing. Spoilers, a 27-year-old teacher in the DC area who requested anonymity, became aware of Crime Junkie while awaiting a seven hour flight thanks to an Apple recommendation — a recommendation fueled by the numerous five star reviews — and quickly became a fan. “It was just the tone that Ashley and Brit had as they were talking. There’s something about a soothing voice. I said, ‘I can get behind this.’ It sounded as if they had really researched the crime.” Spoilers wanted to support Flowers in her research. She attended the first live Crime Junkie show in DC. She told her friends and family about it. She then became a Patreon regular, pledging $20 a month, believing that her money was going into “the tools and time to do research.” Spoilers cited a second podcast that initially appeared on the Crime Junkie Patreon page before disappearing without explanation.

When Ashley and Brit issued a statement (pictured right) about the pulled Amanda Cope episode (the original Episode 87), Spoilers respected the thoughtful and “mature response” and was willing to give the two hosts the benefit of the doubt. When I asked Spoilers if she could forgive the two hosts for their plagiarism if they owned up now, she said, “On Thursday and Friday, I might have. At this point, I can’t.” She said that she felt guilt. “My time and my money should have gone to the people who told these stories first.” She remains angered that so many people have not comprehended the full scale of Flowers’s plagiarism. “Kudos to them,” said Spoilers. “They’ve pulled off a really good scam.”

Two other former fans, both of whom requested anonymity because they feared repercussions from the show’s fan base, told me over the phone that they had similar feelings — that they had been initially inclined to extend contrition to Flowers. But like Spoilers, they felt that Flowers’s silence spoke for itself. The moment had sadly passed.

As of this writing, Flowers and Prawat are gearing up to begin a second tour — this time, involving seventeen live shows, all reportedly based on the murder of six-year-old Isabel Celis, with ten of the shows presently sold out. This tour represents a sizable haul for the Crime Junkie crew, but fans who purchased tickets before the plagiarism controversy and who feel uncomfortable about supporting a program that steals content verbatim may not realize that there is no refund or exchange policy for these shows. A representative from the Parker Playhouse in Fort Lauderdale, Florida informed me that the January 17, 2020 show was still on. NO REFUNDS OR EXCHANGES. Indianapolis. Show on. NO REFUNDS OR EXCHANGES. Orlando. Show on. NO REFUNDS OR EXCHANGES. Atlanta. Show on. But you can only refund your ticket if you purchased it at the box office. And most people didn’t. NO REFUNDS if you purchased it online. Austin. Show on. No refunds. “The only thing we can do is give the tickets to someone else.” The average seating capacity for these venues is around 800. The ticket prices range from a $31.50 balcony ticket at San Diego’s Balboa Theatre to a VIP Meet & Greet package at $103 at the Chicago Athenaeum Main Stage. If we assume that the average ticket price is $50 and the average seating capacity, this adds up to $680,000 if the shows all sell out. If Flowers and Prawat take home 25% of this, then that’s $170,000. More corn chowder to buy.

Because Crime Junkie has continued to plagiarize in its most recent episode, one must naturally ask whether it will continue to profit greatly from the hard work of others. I looked into the sources of revenue that keeps the show going. I put in calls to AdSense, which provides ads for Crime Junkie, asking what their position was on financing sponsoring content that had been lifted verbatim elsewhere. The firm declined to comment. Presumably, Crime Junkie will hold onto many of the estimated 27,540 fans who support their show (the exact number has been hidden on Patreon) — with varying tier donations of $5 to $20 each month. (At $5/month, this works out to $137,700 per month or $1.6 million each year.) While some have publicly announced that they would no longer be supporting the show on Patreon, Reddit users noticed on Monday that Ashley and Brit may have recently changed the tier rewards without informing their listenership. (Attempts to confirm this through Web Archive proved inconclusive.)

There’s also the question of whether a podcast that cribs content from other people is a legitimate journalistic outlet. Should Crime Junkie be granted exclusive access to vital police records, as is now the case with the duo’s planned second podcast? Flowers’s influence and coziness with local law enforcement led Chris Davis, producer of the 3C Podcast, to be barred from examining records pertaining to the November 17, 1978 Burger Chef murders — an unsolved Indiana case for which he has produced fifteen episodes. Davis told me that Sheriff Bill Dalton of the Indiana State Police declined both his unofficial and official requests to look at the files. (Dalton, who was in the middle of an investigation, was unavailable for comment. But I did speak with someone at the ISP who had worked closely with Dalton and who had been there for thirty years. This person informed me, “We have a tight lane around here. So we don’t allow a lot of people here.” This makes Flowers’s access even more uncommon and more surprising.) The official request took five months to elicit a response. In both cases, Davis was denied because of an investigatory records exemption. But the prohibition also arose because Flowers had cut an exclusive access deal, where the police would have complete control of the finished product. This was a decidedly sketchy journalistic arrangement.

“She was granted access and I have no qualms about her getting access,” said Davis. “At the end of the day, I want this case solved. We started our journey the same way.”

When I asked Davis if he would consider collaborating with Flowers or asking her if he could take a look at the records for his own investigation, he said no. He pointed to an incident in which Flowers posted a picture on social media of the old Burger Chef building with the tagline, “Guess what case I’m working on?” He replied with friendly humor, “Oh, I think I know.” Davis was swiftly blocked by Flowers on all social media immediately after.

While working on this story, I made every effort to contact Ashley Flowers. I really wanted to listen to her and understand why someone would do all this. Because one cannot deny the allure of hearing about a murder in a soothing voice. It’s one of the reasons why I love the podcast Criminal so much. As I listened to multiple Crime Junkie episodes, examining them for plagiarism, I felt increasingly sad and sorry for Ashley Flowers. Because she really was onto something with her format. Take away the speculation about automated iTunes reviews or even the profit and power motives or the errors she has sometimes made and the sonic aesthetic of two besties getting together to discuss crime possesses tremendous appeal. But here’s the thing: Flowers is even more fun and charming when she speaks in her own voice and expresses her own thoughts, as this interview with Espresso clearly reveals. Anyone who reaches people like this deserves great success, but it must be a success predicated upon her own work and her own voice.

Flowers did not return my calls, my emails, and my direct messages through social media. She’s still saying silent. A veritable content outlaw hiding in plain sight. I’ve learned that The New York Times is also working on a Crime Junkie plagiarism story. Will she say no to them?

But that’s not even the important question about Ashley’s serial plagiarism. The real question, the question often put forth to any addict before she admits that she has a problem, is whether Ashley can even stop.

[8/23/2019 UPDATE: The New York Times has reported on the Crime Junkie plagiarism. The only new information here is (a) some quotes from those were plagiarized, (b) Flowers did not responded to the Times (except through the same statement issued to Variety) and (c) Pacheco approached Flowers with a lawyer, sending along transcripts with time marks for seven episodes. As a result of Pacheco’s efforts, Crime Junkie pulled a few episodes.]

Native Sons in Philadelphia: Why We Need More Novelists Like Jean Love Cush

ENDANGERED
by Jean Love Cush
Amistad, 272 pages

There are petulant Caucasians who stretch out their soft, unfettered, and upper middle-class hands for the gluten-free, vegan muffins at their cozy corner bakery when they’re not waiting for the afternoon dacha trip to stave off the high stress of a Tuesday morning hot yoga session. And then there is the rest of America: those who try to make ends meet with a minimum wage job and little more than a high school education, families crowded inside small apartments who go to bed with the nightly reports of gunfire, and young African-Americans who cannot run into a cop without being handed some bogus rap (and, in the case of Eric Garner, killed for wanting to be left alone). One world remains blissfully unaware of the other. The other world must contend with its stories being excised from mainstream culture, even as it must stifle its anger at being marginalized or erased altogether from vital conversations.

One would think that the variegated possibilities of literature would be robust enough to bridge this awful gap, but we have seen whitewashed book covers, YA characters of color doomed to what Christopher Myers refers to as “the apartheid of children’s literature,” bestselling African-American authors told that there is no audience for their work, and racism still lingering in the science fiction world. Yet Jean Love Cush’s Endangered, a powerful work of fiction that, in a more civilized and inclusive world, would be discussed at book clubs and held up in independent bookstores as a vital glimpse inside neglected truths, has been completely ignored by newspapers and abandoned by purportedly enlightened tastemakers fond of uttering the defensive words “Some of my best friends are…” at cocktail parties.

The book, set just after Obama’s inauguration, centers around a fifteen-year-old boy in Philadelphia named Malik Williams who, like any black kid in the wrong place at the wrong time, is arrested because he vaguely matches the general description of a homicide suspect. Malik’s mother, Janae, who works as a cafeteria worker, tries to rescue her son between work stints she is barely able to reduce to half-shifts. She cannot afford an attorney who can offer the appropriate defense on her meager salary. The prosecution wishes to try Malik as an adult. Malik’s story is picked up by the media, who wishes to spin his narrative into a fearful vision of cities gripped by violence, complete with armchair academics insisting that trying children as adults is the only way to combat the problem. (On this point and many others, Cush is dead on. It is quite easy to find these specious arguments for “responsibility” if you poke around FOX News.) As Janae becomes a more uncomfortably visible participant in her son’s story, she comes to understand how the media has built a regressive belief culture on racial bias:

As a young girl, she’d come to believe that it was black men who committed all the crimes. They were the ones who were identified in the news stories by the anchors and reporters she’d trusted. Even when a news story left out the racial description, it was easy to fill in the blank and assume the perpetrator was black because of how many other times the bad guy was identified was black. Now, Janae knew that the images she saw on the news, the stories they chose to report on, and even the news angle had more to do with the story the reporter wants to tell or the agenda of the network than a deep-seated passion to get at the truth.

In a nod to Richard Wright’s Boris Max, Cush introduces Roger Whitford, a prominent white human rights attorney who helps Janae with her case. But there is also Calvin Moore, a black attorney who worked his way into a big firm out of the ghetto, blackmailed by one of the partners into becoming involved in the case “that we cannot have any part of because of the potential fallout from it.” Both Whitford and Moore work under the guise of the Center for the Protection of Human Rights, a controversial organization offering the provocative thesis that the Endangered Species Act should be extended to black boys, under the theory that nearly every statistic shows that young blacks are fated to be massacred.

Many of the stats that Cush conveys through her characters can actually be backed up. Last October, The Sentencing Project submitted a harrowing report to the U.N. Human Rights Committee, revealing that one in three African American males born today can expect to find themselves in prison at any given time in their lives. The report (PDF) cited black youth’s disproportionate incarceration. Blacks are 16% of all American children, yet make up 28% of juvenile arrests. According to the report, which relied on government statistics and academic scholarship, this unpardonable disparity cannot be pegged solely on poverty and a higher crime rate. Implicit racial bias, predicated upon overworked cops making impulsive decisions and the majority of our nation associating African-Americans with such modifiers as “dangerous,” “aggressive,” “violent,” and “criminal,” is also to blame.

So there’s something refreshingly risky and necessary in Cush unpacking her Endangered Species Act premise. In fact, the idea is not unique to Cush. In 2012, D.L. Hughley made a mockumentary (see clip above) in which he lobbied to declare African-Americans an endangered species. In February 2014, Wayne Brady was courageous enough to declare that “the young black man is becoming an endangered species.” Like caustic headlines from The Onion, perhaps these dialogues in comedy and in fiction presage real events.

But the concept also means comparing young African-Americans to animals — a prospect that Janae isn’t especially thrilled about and one that bears uncomfortable resonances to Anthony Cumia’s racist Twitter tirade and 911 operator April Sims’s similarly atavistic sentiments. The suggestion here is that pursuing a severe protective measure for blacks in response to escalating violence could involve playing into the remaining racist sentiments held by those in power.

Endangered is not a perfect book. It is riddled with some undercooked prose (“It was as if fire had darted from her eyes and mouth and singed the hell out of him” and beads of sweat used too often as a shorthand description for tension). But the book crackles with challenging considerations one does not often see in contemporary fiction and is greatly helped by the undeniable momentum of its thrilling story, even if its socially conscious melodrama results in some extraordinary conduct by a judge late in the book. Nevertheless, Endangered is a truer, braver, and more emotional novel than most of the lumpy oatmeal pumped out of the Brooklyn bourgie mill. I would rather read a slightly flawed yet highly visceral book going for broke than another myopic and overly praised entry in the Brooklyn latte genre, and I suspect so would most of America.

Ariel S. Winter (The Bat Segundo Show)

Ariel S. Winter is most recently the author of The Twenty-Year Death.

Condition of Mr. Segundo: Wondering if he can condense the shards of his life into a twenty-year epic spanning three books.

Author: Ariel S. Winter

Subjects Discussed: Day jobs, being a stay-at-home father, sneaking out to write in the library, the exhaustion of writing after kids have gone to bed, Susan Straight, Stewart O’Nan writing 250 words a day, maximum time and page counts, the choice of pastiche, Georges Simenon writing novels in 11 days, original idea of a reader frame narrative, Police at a Funeral‘s original title, similarities between main character and F. Scott Fitzgerald, postponing writing in the first person until volume III, knowing the end based on Jim Thompson endings, The Alcoholic, narrators having the same sound, Pop. 1280, adopting specific verbal phrases, Chandler’s “automatic elevators”, Thompson’s “five-ten dollars”, consulting pages of Chandler/Simenon/Thompson books before writing, chronological accuracy, The Yellow Dog, references to World War II in Chandler’s novels, the importance of newspapermen, The Furies, punishment of those who kill members of their own family, Fitzgerald’s lone play, deaths with a comic tone, Murder, My Sweet, Thompson’s criminals never thinking they are at fault, Chandler being the most difficult to emulate, John Banville’s upcoming Philip Marlowe novel, apologizing to each writer in the dedication, poems in dialogue with other poems, Marlowe’s interest in poetry and chess,The Long Goodbye, maintaining the consistency of pastiche through various drafts, changing the ending to Malniveau Prison, Charles Ardai as editor, the Hard Case Crime editing style, James M. Cain’s The Cocktail Waitress, advantages of genre and pastiche versus original voice, and modernist aspects of The Twenty-Year Death.

EXCERPT FROM SHOW:

Correspondent: We were talking beforehand. I was curious what you did. And you said, “Well, I’m not going to tell you, Ed. I’m going to tell it to you on air.” I was curious about your life that is not a writer. What is that like? What is it that you do? What is your day job?

Winter: Well, my day job is I’m the primary caregiver to my daughter. It was always the plan that when we had kids, I would stay home. So that is what I’ve done since she was born. She’s four. She just turned four. So that’s more than a day job. (laughs)

Correspondent: It is.

Winter: Taking care is really a 24/7 job.

Correspondent: But it does allow you time to write novels.

Winter: Well, so the only way that that was able to happen was we hired somebody, a college girl, to come in three hours a day, five days a week. And I would sneak out, go to the library, and write during that time.

Correspondent: Oh really? So you had to arrange day care to ensure that you could get progress and momentum in the book.

Winter: Yes. Because it’s different.

Correspondent: People don’t talk about that too.

Winter: Well, I’ve worked full-time jobs and written books. And, believe it or not, as hard as it is to come home after working an eight-hour day and then go and sit and write, it’s doable. Where spending ten hours with a two-year-old, you can’t then sit and write when she goes to bed.

Correspondent: Not even a quick sentence or anything?

Winter: It’s too exhausting.

Correspondent: I was talking with Susan Straight and she said that she would always find time to write. Like when she was driving in her car. She scribbles down whatever sentences she can for that day. Just to get some kind of momentum. And then there’s the Stewart O’Nan thing, where he writes like a page. 250 words a day and that’s it. That’s all he can add. But in his case, it takes the whole day. So, for you, has that three hour need to get something going, I mean, what do you generally push forward on in terms of pages and words and so forth?

Winter: When things are going really well, I can write up to four hours a day. But I never write more than four hours usually. So three hours works really well, usually in that first hour might take me a little bit to get going. I might only write a page in that first hour and then I can, in that second hour, I can potentially write six pages once I’ve gotten started. So my goal is usually to write at least two hours or, if I have a ridiculous day, ten pages. I try to do one or the other. Whichever comes first. Rarely do I write ten pages in less than two hours, but those are my goals.

Correspondent: This leads me to ask if you actually adopted any techniques to write not only in the style of [Georges] Simenon, [Raymond] Chandler, and [Jim] Thompson [who represent the three styles of the novels contained in The Twenty-Year Death], but also to perhaps write the exact same way that they did. I mean, I did notice that the years that these three separate novels were set matched roughly around the type of writing that Simenon, Chandler, and Thompson were doing at the time. So as a way of offering a general question about why you need to do pastiche over say an original voice, maybe you can talk about this a little bit

Winter: Right. Well, to answer the initial part of your question, I didn’t try to drink a whole lot or smoke cigars.

Correspondent: I figured that was impossible with a two-year-old at home, although it hasn’t prevented other people from trying.

Winter: Right. So I didn’t adopt that part. And then also Simenon, he wrote his novels usually in eleven days. You know, I’m not that fast. I write fast when I’m writing, but not a novel in eleven days. Because I definitely wasn’t able to do that. The reason that I ended up writing in those voices was quite simply, initially, because I was just reading a lot of Simenon at the time. And originally the book that I had set out to write was going to be a book in which there was a reader reading a number of different books. And each of the books the reader read, we would see in full. So there would be this frame narrator — this first-person reader. Then we would see what he had read. And the first one I wrote was this Simenon pastiche. Then as I worked on that book more and I had started to feel like it wasn’t working, I wanted to hold onto them in a prison, which is the Simenon book in The Twenty-Year Death. So as I started to think about expanding and what I might want to do, that’s when I came up with the idea of what would a mystery series look like if it wasn’t the detective that we saw from book to book. Like one of the secondary characters. So since I had already written one in the voice of the author, it followed that I wanted to do the other two in the voice of different authors. And part of that was dictated just by the way that the main character’s, Shem Rosenkratz’s, life would have progressed. He was loosely based on Fitzgerald’s character.

Correspondent: Yes. Police at a Funeral [the title of the second book contained in The Twenty-Year Death] was a title that is in The Crack-Up.

Winter: You’re the first person to pick that up. But, yes, that was purposeful. And what’s really interesting is that I didn’t write the book with that in mind. So the scene where there are actually policemen at a funeral? I wrote that without realizing that was a Fitzgerald title.

Correspondent: The subconscious is an amazing thing.

The Bat Segundo Show #482: Ariel S. Winter (Download MP3)

This text will be replaced