Tag Archives: Trayvon Martin

Justice be not swift.

Well, the verdict is in. I say “verdict” only because the prosecutor in the Michael Brown shooting investigation presented a trial-like case to the grand jury that included extensive exculpatory evidence, such as hours of testimony from the suspect himself – an approach that even Justice Scalia has considered irregular (though he has not, to my knowledge, commented on this specific case). I say “verdict” because Michael Brown himself was on trial in these grand jury proceedings, much as Trayvon Martin was while his killer, wannabe-cop George Zimmerman, was sitting in the dock without a care in the world.

Mr. Myth Maker.St. Louis County Prosecutor Robert McCulloch ultimately provided the grand jury with a distorted picture of Michael Brown that made him out to be a superhuman, hyper aggressive, predatory cop-hater. Darren Wilson’s description of Brown was surreal and, in my opinion, carefully concocted to create the impression that there was no other way to deal with this young man than with a hail of bullets. Brown’s face was like that of a “demon”; he had the strength of “Hulk Hogan”; while being shot, Brown was “bulking up” so he could somehow charge through the officer’s hysterical gunfire. This is myth making, pure and simple.

But the prosecutor’s office didn’t rely only on distorted racial myths in its quest to avoid an indictment. They also relied on distortions of the law, such as this item (as reported by Bill Moyers):

“[MSNBC host] Lawrence O’Donnell found that just before Darren Wilson testified, “prosecutors gave grand jurors an outdated statute that said police officers can shoot a suspect that’s simply fleeing.” SCOTUS ruled the statute unconstitutional in 1985.

To my mind, the issue that never truly gets examined is the question of whether a police officer is justified in firing that 3rd, 4th, 5th, 6th, and 7th shot, as opposed to shots 1 and 2. What kind of training did Darren Wilson have, that he would feel like a “5 year old” in a tussle with a young man like Brown? What prompted him to unload his handgun into someone who may not have been complying with orders, but who had evidently done nothing to warrant a summary death penalty? One could ask the same question of many other police shooters of young black men over the past … I don’t know … century.

There does appear to be a serious “I am Darren Wilson” movement out there amongst law enforcement. We heard this recently from Utica’s police chief:

“Our justice system is not perfect, but it’s one of the best in the world,” Utica police Chief Mark Williams said. “Whether it’s a police officer or civilian, everybody should be given their due process and justice isn’t always swift. There has to be an investigation, and you just can’t indict somebody just to appease people who have a dislike for police.”

So … are Brown’s mother and father just a couple of people “who have a dislike for police”? True, justice isn’t always swift, but with attitudes like this prevalent in the management of our police departments, it is at a positive standstill.

luv u,

jp

Whiteness.

Full disclosure: I’m a white person. No big surprise there. (Just listen to my music.) And while I don’t consider myself a racist, I know that a traditional American racist world view is woven into my consciousness as a white person. I grew up around racist white people throughout my entire youth, spending a good portion of that in a virtually entirely white school system (in New York state). My third grade teacher said openly racist things in class; chastised me for taking exception to them. My grandfather said racist things, my dad occasionally said things that were borderline racist (as deeply opposed to racism as he was). That is the murky water in which I was steeped, as were so many other white people.

Hey, I'm busy sucking here!And like most honest white people of a certain age, I admit to the fact that sometimes, when there are only white people within earshot, other white people will sometimes say racist things. For most of us, there are a lot of opportunities for this to happen, since many of us inhabit a world made up mostly of people who share our skin color. This is a persistent source of disgust, particularly when the comments come from people who do not by any means consider themselves racist. (Every gaggle a Klan rally, right?)

It’s this sort of insular communion that people like Rush Limbaugh and Bill O’Reilly have with their audiences. Their broadcasts are like enormous around-the-water-cooler kvetch sessions about dark people of every description. That’s why they can get away with promoting a white resentment line that includes frequent alarms about “reparations” and the like. Limbaugh went so far as to sing the virtues of slave-owning white society, claiming that white people enslaved fewer people than any other race, and crowing about how we “fought a war” to end slavery, unlike other slave-owning people. This is, to my mind, the equivalent of holocaust denial, but barely a peep about it beyond MSNBC and other liberal outlets.

You can hear echoes of this in the comments of that first Zimmerman trial juror who spoke out publicly to Anderson Cooper. Not so much the presumption of innocence as the presumption of good intentions. We’ve all got a little bit of this at least, and it has got to go, or it will kill again.

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jp

Assumptions.

So Zimmerman walks. I can’t say as I’m surprised. It is now apparently legal to kill people in Florida, particularly if your victim is black. I should say not exclusively – my neighbor spends half of his time in Florida, and he told me about a “Stand Your Ground” case at his retirement community wherein a Vietnam Vet shot his wife’s lover dead and got off based on Stand Your Ground. The victim was white, but from another country, so that may have been “other” enough for the law. It seems like if your intention is to kill someone, all you need to do is get them alone in Florida and give them the gun, so to speak. So long as there’s no witnesses, it’s your word against theirs.

That aside, let’s consider what this verdict says, in truth:

Not suspiciousKiller Sidewalks. The Zimmerman trial introduced the concept of the sidewalk as a deadly weapon. I suppose this means that any (black) person strolling down the sidewalk can now be considered armed and dangerous. Amazing what legal and logical gyrations we go through to exonerate a white guy who just shot a black guy dead. Who says he was unarmed? He had that deadly sidewalk! 

Thirty Yards. The prosecution failed not only to discredit the defense’s story but to communicate in concrete terms an alternative story that fit the facts.  Martin’s body was found something like ten yards away from the sidewalk. How could Zimmerman have been in mortal danger when the “deadly weapon” (see above) was that far away from where he shot the kid? Why wasn’t the prosecution all over this like a cheap suit?

Silent Witness. Ultimately, the defense put Trayvon Martin on trial. There is one person who knows what happened that night, and he was sitting in that courtroom wearing his stoic wannabe cop face. Sure, he has a constitutional right not to testify. But I don’t see why the prosecution couldn’t have made more of a point of his reluctance to testify.

The Video. I think the item that defines the core issues in this case is the police station video of Zimmerman being processed by the cops after the shooting. He is not only ambulatory, he seems positively casual. The cops treat him at worst like a crime victim, but really more like a colleague. It’s this assumption of innocence in the face of overwhelming indications of guilt that speaks directly to how race plays a role in the outcome. Based on those assumptions, Martin’s body was not properly examined for forensic evidence, the crime scene was not properly protected … the case was lost then.

Note to John Roberts: racism still appears to be alive.

luv u,

jp

Making a killing.

I’ll keep this short, because there’s stuff to do. My advice to anyone who wants to kill someone (non-white) with impunity is simply to follow these three steps:

  1. Invite said person down to Florida
  2. Take them somewhere where no one can observe you closely, perhaps the Everglades, and shoot them dead
  3. Claim they made you feel threatened, thereby invoking  the “Stand Your Ground” law (signed by noted moderate Jeb Bush)

That’s pretty much all you need to know. Watching the Zimmerman trial, I can’t help but feel like he’s going to walk through that massive legal hole opened for him by bullet-brained state legislators (fueled by ALEC) and Big Jeb. I am struck by that sense, and by the overwhelming irony of the defense’s efforts to frame Zimmerman as the target of racial profiling. Cross examination of Trayvon Martin’s friend Rachel Jeantel was ludicrous. The girl did not want to be there, but felt she had to. She lost her friend, and she was herself being stereotyped on the stand. The insinuation that her use of a very standardized form of African American Vernacular English (AAVE) was just bad speech, uneducated muttering, etc., was quite simply racist. Watching the defense attorney, surrounded by white people, disrespecting this young lady was truly nauseating.

Regardless, though the Zimmerman defense team seems less than stellar, their fight is downhill all the way. All they need to do is sow doubt. It’s Zimmerman’s word against the silence of a dead young man. Seems like there was a time when a jury might take one look at this 200-plus pound vigilante, look at the slight kid he shot, and toss him in the slammer.  That time, if it ever existed, was before “Stand Your Ground”. (I’m not certain it ever existed when the young man was black and the shooter white, particularly in a place like Florida. )

Color me disgusted. On a week when they’ve gutted the voting rights act, it’s appropriate that we should be reminded of our deep cultural racism.

luv u,

jp

Commierat.

Another challenging week for those who value sanity. Let’s see what we’ve got in the old political grab bag:

Go West. Channeling Joe McCarthy, congressman Allen West name tagged the entire Congressional Progressive Caucus as members of the communist party this week. Interesting choice. Is this dude trying to lead us back bravely to 1952? Because if he does, he will not be a congressman at the end of that process. Black people effectively did not have the right to vote in Florida back then, let alone represent their constituencies in Congress. Do go there, Congressman! Stay in this decade, at least.

Memento Santorum. Well, this is disappointing. Just when I was getting used to the knock-down drag-out fight that was the Republican primaries, they come to a screeching halt. My guess is that someone got on the phone to old Rick – time to pack it in, old man, and let Mitt start kicking at his general election strategy. Perhaps Mr. Friess made the call himself – suggested Rick hold his ambition between his knees, so to speak. Probably good advice. Looked like the voters of Pennsylvania were prepared to reject him and his bigoted politics for a second time in six years. Nasty S.O.B., that one. Still…. disappointing. Now it’s all Thurston Goodhair Car-Elevator the Third. Even the banker-Republicans are a little disenchanted, but … they’ll rally.

Gun Play. The alleged killer of Trayvon Martin George Zimmerman was arrested and arraigned this week on charges of second-degree murder. They are essentially accusing him of driving a truck through the truck-sized hole in Florida’s “Stand Your Ground” law – the one that essentially legalizes murder for anyone with enough brains to arrange shooting their victim without any witnesses. This law is cousin to similar legislation passed or being introduced in state legislatures across the country through the good offices of ALEC (American Legislative Exchange Council), basically an instrument of the NRA in these cases. Inasmuch as the left has all but completely folded on the gun issue, the gun lobby needs to justify its existence by pressing for ever more absurdly permissive legislation on gun ownership, gun toting, and gun use.

“Stand Your Ground” in Florida amounts to standing any ground at any time; a society of vigilantes reminiscent of the film-inspired myths of the 19th Century American West. What could possibly go wrong?

Crime of the Century. A guy in Utica just attempted to rob three banks armed with a toilet plunger. This followed by what sounds like a keystone-cops type of chase by local law enforcement around an ATM. Who says all of the truly big crimes happen in big cities?

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jp

American take-away.

It’s official: if you get pulled over for an out-of-date inspection or soft tires … or perhaps nothing at all, you can be strip searched. Thank you, Anthony Kennedy. Thank you, George W. Bush.

Why George W. Bush? Because he appointed a right-wing chief justice when Rehnquist had to step down in 2005. In truth, I should blame voters in the 2004 election for reelecting a right-wing imbecile to the presidency – one who would be there to appoint Scalia clones as needed. The Roberts appointment was particularly crucial in that Supreme Court Justices – who are imagined to be somehow magically apolitical – always seem to delay their retirement until the presidency is held by someone who shares their ideological world-view. Because of failing health, Rehnquist would have retired in 2005 no matter who won the 2004 election. Ergo, that election was our last opportunity to shift the balance of the court back from right-wing extremism, and we basically blew it.

That’s as it may be. But this FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF BURLINGTON ET AL. decision is truly odious, particularly at this moment in our political-cultural history. Think of it: we are in the grips of a national debate about the Trayvon Martin killing – a young man who likely would be alive today if he hadn’t been black. The Martin case is far from unique. Democracy Now! has been reporting on a remarkably heinous police killing of a 68-year-old Marine veteran with a heart condition who rolled over on his medic-alert badge – a false alarm that for some reason brought on the equivalent of a SWAT team from the White Plains PD. (He too was, of course, African-American.) It seems our society is going out of its way to demonstrate how little it values the lives of black people in general, and black men in particular.

That’s how the Supreme Court made a bad thing worse. The “Florence” in Florence v. Board is Albert Florence, a black man riding in the passenger seat of his BMW (his wife was driving) when they were pulled over by the White Plains police. They arrested Florence for a purportedly unpaid fine – which he had paid, and for which he had proof of payment handy when stopped by the police – and took him in, strip searching him (twice) before releasing him after the error was confirmed (presumably by a trustworthy white person). This was just fine with the 5 conservative justices on the court. Now, every black person in America knows what this means – it’s a green light for abusive practices in custody, the humiliation of repeated strip searches. And it will fall disproportionately on them, because they are arrested at a much higher rate than are white people.

It’s the cherry on top of the shit sundae. Just more confirmation of the thesis of The New Jim Crow and Slavery by Another Name. Criminalization of blackness is once again validated at the highest level of our “justice” system.

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jp

Life and death.

This was a week when national health insurance was equated with cruciferous vegetables; when purveyors of deadly gun violence played the victim and had the law on their side. What a week, eh?

First, the Affordable Care Act being considered by the gang of nine (robes division). There are a great many things that might be said of the judicial theater we were all treated to this week, but from my perspective – a limited one, to be sure – they boil down to the following points:

Health Care: Still Not A Vegetable. This is one of those vacuous, tea-party type arguments that has been thrown around since the Affordable Care Act (ACA) was considered by Congress. Jesus freaking christ on a bike, Justice Scalia … no, health care is not the same as freaking broccoli. You can live your whole miserable life without eating a single floret of broccoli, but god damn it you will certainly end up in a hospital at some point, and someone is going to pay for it. And no, it’s not a cell phone either, damn it. Some people have never used one; my 85-year-old mother for one. Neither cell phones nor broccoli are essential or inevitable like medical care in America.

Pick Your Constitutional Overreach. Justice Kennedy – a.k.a. he who will decide whether millions can see a doctor or not – appears to think that the ACA fundamentally changes the relationship between the government and the people. Many take this as confirmation that it is constitutional overreach. But even if it were, why pick that out of the crowd? We have undeclared wars that last ten years and more. We have routine violations of fourth amendment rights. Our government kills, detains, and spies on people at will without any discernible limit. Why aren’t these same people attacking those excesses? Or is it just that they are attacking the ACA because they disagree with it politically? Thought so.

Where’s Thomas? I’ve heard the audio from these sessions, mostly on NPR, and I have heard comments from every justice but Thomas. Every single one had something noteworthy to say except Thomas. Has someone tried shaking him or poking him with a stick lately? I’m not sure he’s responsive at this point. Strange, strange justice.

The outcome of this life or death question could take any of a number of shapes, but my money is on their striking it down, mostly because conservatives (i.e. reactionary statists) are in the majority, thanks to George W. Bush and the ignorant people who re-elected him. They showed their impartiality with Bush v. Gore and Citizen’s United … and it doesn’t bear close scrutiny.

Re: Trayvon Martin. The police video shows that Zimmerman is not only an extreme exaggerator, but also a good deal more athletic than we’d been led to imagine. But the real perps here are the Florida legislature, former governor Bush, ALEC (the American Legislative Exchange Council), and the NRA – authors of the “Stand Your Ground” legislation that has made such slaughter legal. Time to shoot the law, Florida. It’s a question of self defense.

luv u,

jp