“On Trial, In Absentia”: No Presumption Of Innocence For Michael Brown
It’s not clear how effective the instinctive effort to put Michael Brown posthumously on trial for being an African-American teenager who was “no angel” will turn out to be. It was begun, of course, by the Ferguson police as soon as was humanly possible; their “investigation” of the shooting was from the get-go aimed at justifying it as an act of self-defense, much like George Zimmerman’s, by a man being forced to use his deadly force in an encounter with a demonically powerful (if unarmed) black adolescent.
As one might expect, Ta-Nehisi Coates has said pretty much everything that needs saying about the assumption that Michael Brown deserved to die for his sins:
A large number of American teenagers live exactly like Michael Brown. Very few of them are shot in the head and left to bake on the pavement.
But this isn’t just about how the court of public opinion deals with this case. At some point, unless Darren Wilson just skates, it will be litigated in a court of law, presumably before a jury, in which he will formally enjoy the presumption of innocence so many people would apparently deny Brown.
Something about a parallel case from the distant past kept nagging the back of my mind, and sure enough, I found a 1979 Texas Monthly account account by Gary Cartrwright of the acquittal of two Houston cops for killing a black man, thanks to the skill of their attorney, Richard “Racehorse” Haynes, in putting the victim on trial:
[The] two Houston cops…were accused of kicking a black man to death after arresting him for attempting to “steal” his own car. The cops had already been acquitted by a district court in Houston — now they were being tried in federal court on charges that they had violated the man’s civil rights. For starters, Haynes got the trial moved from Houston to the conservative German American town of New Braunfels. “I knew we had that case won when we seated the last bigot on the jury,” Racehorse remarked later. As the trial progressed, Haynes developed these scenarios: (1) that the prisoner suffered severe internal injuries while trying to escape; (2) that he actually died of an overdose of morphine; (3) that the deep laceration in the victim’s liver was the result of a sloppy autopsy.
Sound familiar? Give a sympathetic jury an alternative theory they can seize on, however implausible, and they just might take it–particularly if the defendant is an officer of the law and the victim–who will be described as a victim of his own excesses–fits the jury’s idea of the people cops are hired to keep under control.
Maybe we’ve made some progress since 1979. But I’m not so sure.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, August 26, 2014
“When Youthful Mistakes Turn Deadly”: The Shameful Disparities In The Application Of Justice
To be young, male and black in America means not being allowed to make mistakes. Forgetting this, as we’ve seen so many times, can be fatal.
The case of Michael Brown, who was laid to rest Monday, is anomalous only in that it is so extreme: an unarmed black teenager riddled with bullets by a white police officer in a community plagued by racial tension.
African Americans make up 67 percent of the population of Ferguson, Mo., but there are just three black officers on the 53-member police force — which responded to peaceful demonstrations by rolling out military-surplus armored vehicles and firing tear gas. It is easy to understand how Brown and his peers might see the police not as public servants but as troops in an army of occupation.
And yes, Brown made mistakes. He was walking in the middle of the street rather than on the sidewalk, according to witnesses, and he was carrying a box of cigars that he apparently took from a convenience store. Neither is a capital offense.
When Officer Darren Wilson stopped him, did Brown respond with puffed-up attitude? For a young black man, that is a transgression punishable by death.
Fatal encounters such as the one between Brown and Wilson understandably draw the nation’s attention. But such tragedies are just the visible manifestation of a much larger reality. Most, if not all, young men go through a period between adolescence and adulthood when they are likely to engage in risky behavior of various kinds without fully grasping the consequences of their actions. If they are white — well, boys will be boys. But if they are black, they are treated as men and assumed to have malicious intent.
What else explains the shameful disparities in the application of justice? As I have pointed out before, blacks and whites are equally likely to smoke marijuana; if anything, blacks are slightly less likely to toke up. Yet African Americans — and Hispanics — are about four times more likely to be arrested on marijuana charges than whites.
To compound this inequality, studies also indicate that, among people who are arrested for using or selling marijuana, black defendants are much more likely than white defendants to serve prison time. For young white men, smoking a joint is no big deal. For young black men, it can ruin your life.
Similarly, blacks and whites are equally likely to use cocaine. But a person convicted of selling crack cocaine will serve a far longer prison term than one convicted of selling the same quantity of powder cocaine, even though these are just two forms of the same drug. Crack is the way cocaine is usually sold in the inner cities, while powder is more popular in the suburbs — which is one big reason there are so many African American and Hispanic men filling our prisons.
One arrest — even for a minor offense — can be enough to send a promising young life reeling in the wrong direction. Police officers understand this and exercise discretion. But evidence suggests they are much more willing to give young white men a break than young black or brown men.
Why would this be? In Ferguson, I would argue, one obvious factor is the near-total lack of diversity among police officers. What year is this, anyway?
But there is disparate treatment even in communities where the racial makeup of the police force more closely resembles that of the population. I believe the central problem is that a young black man who encounters a police officer is assumed to have done something wrong and to be capable of violence. These assumptions make the officer more prepared than he otherwise might be to use force — even deadly force.
The real tragedy is that racist assumptions are self-perpetuating and self-reinforcing. If young black men are treated unfairly by the justice system, they are indeed more likely to have arrest records — and, perhaps, to harbor resentment against police authority. They may indeed feel they have nothing to lose by exhibiting defiance. In some circumstances — and these may include the streets of Ferguson — they may feel that standing up to the police is a matter of self-respect.
Michael Brown had no police record. By all accounts, he had no history of violence. He had finished high school and was going to continue his education. All of this was hidden, apparently, by the color of his skin.
By: Eugene Robinson, Opinion Writer, The Washington Post, August 25, 2014
“Police In Ferguson Keep Praying And Preying”: The Pandering Religiosity Of Law Enforcement Officials
The Greater St. Mark Church was raided today as St. Louis County Police thought that protesters were spending the night in the church, which has been used as a staging area for protestors. Police have since closed the building and stated that if anyone congregates on the premises at night, there would be arrests. One member of the Dream Defenders said “what [the police] did today is tell us, what? There is no safety here.”
The Pastor of the church, Missouri Representative Tommie Pierson (D), said of the police “they don’t like us too much.”
Earlier the same day, Missouri Highway Patrol Captain Ron Johnson asked the police department chaplain to pray before giving the late night report. One line was particularly stunning: “Again we come here having used all the energy and all the resources that you have given to our residents, their families, and our peacekeeping force, to bring peace—your peace.”
While the killing of Michael Brown was egregious enough, the manner in which the Ferguson police force and Captain Ron Johnson have used prayer to sanction their police actions and violence towards citizen protestors is detestable.
America has a history of those in authority invoking Christianity to justify slavery, lynching, and bombings. During the conflict in Ferguson, the local and state police who recite nightly prayers before going out to intimidate and arrest protestors follow this historical trajectory.
Perhaps the most galling figure is Captain Johnson, appointed by Gov. Jay Nixon to oversee the Ferguson Police and the National Guard. Johnson appeared at a local church to apologize to Michael Brown’s parents, garnering much praise from the crowd for his respectability and Christian piety. Yet while Johnson placates the public with appeals to Christianity he simultaneously sanctions violence at the hands of the state. Perhaps the public will forget, with his constant calls to prayer, that he’s in charge of a force that has used tear gas on, cursed at and abused protestors.
In contrast, clergy in Ferguson and from around the country have come to show their solidarity and to help the citizens of Ferguson in their quest for justice. Early on, the Rev. Renita Lamkin was shot with a rubber bullet while trying to place herself between protesters and the police.
Other local clergy have met with the governor and state officials, while pastors from all over have been coming to aid in the efforts, including a group from Philadelphia that includes the pastor of Historic Mother Bethel AME church, Mark Tyler, and Rev. Dr. Leslie Callahan, Pastor of St. Paul Baptist Church. The presence of clergy members is a helpful counterbalance to local and state law enforcement presenting themselves as both religious and civic authority.
The whole situation has me thinking a lot about Frederick Douglass’ Slaveholding Religion and the Christianity of Christ. His words still ring true with regard to the empty prayers of the police in Ferguson “They attend with pharisaical strictness to the outward forms of religion, and at the same time neglect the weightier matters of the law, judgment, mercy and faith.”
If there’s to be any justice for the shooting of Michael Brown, the pandering religiosity of the law enforcement officials will have to cease. What the community of Ferguson, the parents of Michael Brown, and the whole country need right now is an honest assessment of the facts, for Darren Wilson to be held accountable for his actions, and for there to be clear, truthful communication between law enforcement and the people they serve, without violence.
By: Anthea Butler, Religion Dispatches, August 20, 2014
“Everyone Was Let Go”: Darren Wilson’s Former Police Force Was Disbanded For Excessive Force And Corruption
While news outlets and commentators have attempted to analyze every action of Michael Brown, the unarmed black teen shot to death six times in Ferguson, Missouri two weeks ago, we seem to know very little about his shooter, Ferguson police officer Darren Wilson. Wilson, who just months ago won a commendation in a Town Council ceremony, now remains under the police’s protection and hasn’t spoken about the incident.
But as the public continues to search for answers, the Washington Post has published a report on Wilson’s career, including a brief biography, that offers some insight into Wilson’s past.
According to officials interviewed by the Post, Wilson maintained a clean record, but the Post reports that his first job “was not an ideal place to learn how to police.” He entered the police force in 2009, joining a nearly all-white, 45-member task force that patrolled Jennings, Missouri, a small, impoverished city of 14,000 where the residents were 89 percent African-American. The racial tension was high, and the police were accused of using excessive force against its residents:
Racial tension was endemic in Jennings, said Rodney Epps, an African American city council member.
“You’re dealing with white cops, and they don’t know how to address black people,” Epps said. “The straw that broke the camel’s back, an officer shot at a female. She was stopped for a traffic violation. She had a child in the back [of the] car and was probably worried about getting locked up. And this officer chased her down Highway 70, past city limits, and took a shot at her. Just ridiculous.”
Police faced a series of lawsuits for using unnecessary force, Stichnote said. One black resident, Cassandra Fuller, sued the department claiming a white Jennings police officer beat her in June 2009 on her own porch after she made a joke. A car had smashed into her van, which was parked in front of her home, and she called police. The responding officer asked her to move the van. “It don’t run. You can take it home with you if you want,” she answered. She said the officer became enraged, threw her off the porch, knocked her to the ground and kicked her in the stomach.
The department paid Fuller a confidential sum to settle the case, she said.
The department also endured a corruption scandal. In 2011, city council members voted 6-1 to shut down the force and start over, bringing in a new set of officers. Everyone was let go, including Wilson, but he soon found a job at the Ferguson police department, where he has been since.
Lt. Jeff Fuesting, who took over command of the Jennings force, assessed the problems of the former task force like this:
“There was a disconnect between the community and the police department. There were just too many instances of police tactics which put the credibility of the police department in jeopardy. Complaints against officers. There was a communication breakdown between the police and the community. There were allegations involving use of force that raised questions.”
By: Prachi Gupta, Assistant News Editor, Salon, August 24, 2014
“Oppressive Lethargy Of Choicelessness”: What Is The Kerner Commission And Why It Should Be Revisited In Light of Ferguson
What we must remember always — and something I have told many juries in the past — is that the most powerful person in the world, on a day-to-day basis, is not the president of the United States. No, it is a police officer. Your local police officer can engage you — one-on-one, every day of the week, anywhere and any place. Your local police officer has the authority and power to take your life; and more often than not, get away with it; particularly if you happen to be a black or brown male in our society.
And how does it, all too often occur, that a police officer — most often a white police office — happens to shoot and kill or otherwise brutalize a black or brown male? Because by doing nothing when our local police officers engage in everyday minor, but insidious wrongdoing — most often directed at black and brown community residents, we enable and embolden all law enforcement personnel to believe that any wrongful conduct is acceptable simply because they wear a badge. They assume and too many in our society accept that, because they are police officers, our Constitutional constraints, under which they are sworn to perform, do not also apply to them even though they apply to each and every other American citizen.
So when I discuss the civil rights issues we tackled yesterday and the civil rights issues we confront today, including those that focus on law enforcement, I constantly advance the position that, while everything has changed, nothing has changed.
When the race riots of the 1960s occurred in communities across the nation, President Lyndon Baines Johnson appointed a commission, chaired by Illinois Governor Otto Kerner. My mentor, the Honorable Nathaniel R. Jones, served as an Assistant Counsel on the staff of this commission before he assumed the position of General Counsel of the National Association for the Advancement of Colored People (NAACP) and then was appointed by former President Jimmy Carter to the federal Court of Appeals for the Sixth Circuit.
The Kerner Commission Report concluded that the trigger for the riots — throughout the country — invariably derived from confrontations between the local police and members of local African-American communities. It also concluded that the residents’ held an often justified perception of the largely white police as an occupying force which was in the community to serve and protect the interests of the privileged white communities rather than to serve and protect the legitimate interests of the local minority residents and that the police inherently harbored racist attitudes toward residents of minority communities that they were also charged to serve.
Moreover, the Commission found that the underlying conditions in the making over decades — in fact, over centuries — in African-American communities provided the context for the precipitating trigger incidents of the unrest in the 1960s: racially segregated communities, inferior schools, high unemployment, and insufficient or inadequate governmental responses and attention to community needs leading those who resided in minority communities to suffer from a societal-imposed color “cast” status. They became victims of what the Nigerian author, Chimamanda Ngozi Adichie, in her award-winning novel, Americanah, more recently described as the “oppressive lethargy of choicelessness” — a choicelessness growing out of government sanctioned inequality and second-class citizenship and a choicelessness that was waiting to explode.
Do these findings of the 1968 Kerner Commission sound familiar in 2014?
So, I urge President Barack Obama to revisit the Kerner Commission, some 50 years later; and to ascertain where — if anywhere — we have come since the founding of our nation with its original sin (slavery and its ongoing legacy); and where we have yet to go, since we are far, far from having arrived at a “more perfect union.”
What to do?
I propose that President Obama appoint a Commission, chaired by not one governor, but by two former presidents — Jimmy Carter and George W. Bush, under the auspices of the Carter Center and the George W. Bush Library; and comprised of distinguished and diverse members such as Governor Deval Patrick, Oprah Winfrey, Henry Cisneros, Retired Supreme Court Justices Sandra Day O’Connor, John Paul Stevens, David Souter, former Attorney General Janet Reno, to be supported by a staff of highly respected and renown professionals from all walks of life to address and to courageously face our past and our present in order to plot our course forward.
While everything changes, the one constant that has not changed is the deeply embedded institutional and individual attitudinal racism that pervades our country. The fact remains that the impetus for local community explosions — racism — almost always is triggered by a confrontation between police officers (most often white) and black and brown males — youth and men, alike.
In 1852, at the Friends House in Rochester, NY, Fredrick Douglass stated in his historic address entitled, What to the Slave is the Fourth of July?, that “We must do with the past only as we make it useful to the present and the future.” Such is as true today as it was in 1852. And it is as true today as it was in the 1960s.
By: James I. Meyerson, Assistant General Counsel in the Office of the NAACP General Counsel, 1970-1981; The Huffington Post Blog, August 18, 2014
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