by Joaquin Sapien

The Innocence Project released a report Tuesday alleging that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.

The Innocence Project, a nonprofit legal group that represents people seeking exonerations, examined records in Arizona, California, Texas, New York and Pennsylvania, and interviewed a wide assortment of defense lawyers, prosecutors, and legal experts.

In each state, researchers examined court rulings from 2004 through 2008 in which judges found that prosecutors had committed violations such as mischaracterizing evidence or suborning perjury. All told, the researchers discovered 660 findings of prosecutorial error or misconduct. In the overwhelming majority of cases, 527, judges upheld the convictions, finding that the prosecutorial lapse did not impact the fairness of the defendant’s original trial. In 133 cases, convictions were thrown out.

Only one prosecutor was disciplined by any oversight authorities, the report asserts.

The report was issued on the anniversary of a controversial Supreme Court ruling for those trying to achieve justice in the wake of wrongful convictions. In a 5–4 decision in the case known as Connick v. Thompson, the court tossed out a $14-million dollar award by a Louisiana jury to John Thompson, a New Orleans man who served 18 years in prison for a murder and robbery he did not commit.

The majority ruled that while the trial prosecutors had withheld critical evidence of Thompson’s likely innocence – blood samples from the crime scene – the Orleans Parish District Attorney’s office could not be found civilly liable for what the justices essentially determined was the mistake of a handful of employees. The decision hinged on a critical finding: that the District Attorney’s office, and the legal profession in general, provides sufficient training and oversight for all prosecutors.

The Innocence Project study echoes a 2013 ProPublica examination focused on New York City prosecutors. In 2013, ProPublica used a similar methodology to analyze more than a decade’s worth of state and federal court rulings. We found more than two dozen instances in which judges explicitly concluded that city prosecutors had committed harmful misconduct.

Several of the wrongfully convicted people in these cases successfully sued New York City. In recent years, New York City and state have doled out tens of million dollars in settlements stemming from such lawsuits. Former Brooklyn District Attorney Charles Hynes was voted out of office, in part because of wrongful convictions gained through misconduct on the part of his prosecutors or police detectives working with them.

But only one New York City prosecutor, ProPublica’s analysis found, was formally disciplined: Claude Stuart, a former low-level Queens Assistant District Attorney, lost his license. He was involved in three separate conviction reversals.

Just as we found in New York, the Innocence Project’s report found that appellate judges and others almost never report findings of misconduct to state panels and bar associations that are authorized to investigate them.

“In the handful of situations where an investigation is launched,” the report found, “The committees generally failed to properly discipline the prosecutor who committed the misconduct.”

The report concludes with several recommendations on how to improve accountability for prosecutors. It suggests, among other things, that judges ought to mandatorily report all findings of misconduct or error and that state legislatures pass laws requiring prosecutors to turn over all law enforcement material well before trial.

But perhaps most powerful is the report’s introduction, a 2011 letter to then-Attorney General Eric Holder and two national prosecutor associations. It was written in response to the Connick ruling and signed by 19 people whose wrongful convictions were secured in part by prosecutorial misconduct.

“We, the undersigned and our families, have suffered profound harm at the hands of careless, overzealous and unethical prosecutors,” the letter said. “Now that the wrongfully convicted have virtually no meaningful access to the courts to hold prosecutors liable for their misdeeds, we demand to know what you intend to do to put a check on the otherwise unchecked and enormous power that prosecutors wield over the justice system.”

According to the Innocence Project, the Justice Department never responded to the letter.“This story was originally published by ProPublica.

“This story was originally published by ProPublica and is reprinted with permission.

The City of Cleveland has filed a creditor’s claim against the estate of 12 year old Tamir Rice. The level of insult to Tamir’s family is beyond belief. I can’t imagine even the Ku Klux Klan being callous enough to send a bill after lynching a family member!

After the Cleveland police shot Tamir Rice in a park while holding a toy gun, the officers stood around him for four minutes, until an FBI agent arrived at the scene and gave the boy first aid.

In response to a lawsuit filed by the Rice family against Cleveland, the city claimed that Tamir and his family were responsible for his death and being shot by police when they filed the following responses in court:

“Plaintiffs’ decedent’s injuries, losses, and damages complained of, were directly and proximately caused by the failure of Plaintiffs’ decedent to exercise due care to avoid injury.”…  “injuries, losses, and damages complained of, were directly and proximately caused by the acts of Plaintiffs’ decedent, not this Defendant” … “Plaintiffs’ injuries, losses, and damages complained of, were directly and proximately caused by their own acts” …. “Plaintiffs’ claims are barred by the legal doctrines of comparative and contributory negligence. Plaintiffs’ claims are barred by the legal doctrine of assumption of risk.”

How does a twelve year old child assume the risk of his own death by playing with a toy gun? That response was so repulsive and generated such a negative response, Cleveland Mayor, Frank Jackson, apologized.

As insensitive as the lawsuit response was, it pales in comparison to sending this family a bill for murdering their child! Cleveland’s actions are unconscionable. The citizens of Cleveland need to removed any leader or administrator associated with this travesty of justice.  Hopefully, Lebron James, will find inspiration from Beyonce’s Super Bowl performance and finally speak up concerning the Tamir Rice incident.

Last month, people in Cleveland were calling on Lebron James to speak on the Tamir Rice situation, however, James responded that he was not up on the situation. This could have just as easily been Lebron’s son, brother or nephew. Police killed 223 unarmed people last year. As stated in our post, “First They Came,” when you don’t speak up for others, there may not be anyone to speak up for you.

Court.rchp.com was created mostly in response to my personal experience with municipal harassment from the City of St. Louis. This harassment occurred after a job loss when I was most vulnerable and least able to afford legal representation. "Kick a man when he's down," is a bully tactic, used by cowards and predators. One of the methods of harassment involved fining me for failure to respond or correct violations for which I was never given notice.

The City of St. Louis has either lost or dismissed every action against me, except one, which is currently before the Missouri Court of Appeals. That case originated during 2013, in St. Louis municipal court, where I lost (just about every case I've won against the city, I first lost in municipal court). I then filed trial de novo, the case was heard in St. Louis Circuit Court by a judge who had previously  worked for the St. Louis Convention and Visitor's Commission, I lost. The irony is that the judge was black, personable and I actually liked him, although I didn't like his decision. Many judges appear biased against self-represented (pro se) litigants and this judge had worked for the city. That's why I requested a jury trial, but that request was denied, which is one of my points of appeal. The court of appeals has had the case since early 2015 and the case was recently docketed and submitted on briefs, so I expect a decided soon.

Yesterday, I received a fine assessment of $200 concerning this property for violations that I again received no notices for. Some of the violations appear to be among those being appealed. I am certain that the city must be illegally targeting others. The City of St. Louis has just intensified my desire to spread legal knowledge to everyone. If you believe the city of St. Louis has targeted you unfairly, please contact us and share your story. We may also plan a series of informational pickets at St. Louis Municipal Court, please let us know if you would like to participate.

Fortunately, there is proposed legislation to limit non-traffic municipal ordinance revenue, however, that legislation won't have much effect on St. Louis City, since their budget is over a billion dollars. A ten or twenty percent cap on fines would still allow the City of St. Louis to collect $100 or $200 million in fines.  There could also be a $200 fine limit imposed on future municipal violations. My alleged violations, which included failure to paint a fence, were each assessed fines of $500.

Abusive Tactics

The City of St. Louis uses abusive tactics, including stalling, to drag cases out. Their  actions force people to repeatedly attend court proceedings for minor violations unless of course they plead guilty and pay the fine. Because this tactic was used against me and I was forced to appear many times in St. Louis municipal court, I was able to witness a pattern of disrespect, abuse and disregard for people's rights that became obvious to not only myself but many others in attendance.

One woman was treated so badly by the judge, she broke down in tears. She was chastised because she didn't have money to pay the fine. It was difficult to watch. If you dare to exercise your rights, you are threatened with increased fines and court costs. Fines are being used not only as revenue generators but also as scare tactics to force people to relinquish their rights. This only works because people allow themselves to be intimated by the system.

I could at least competently assert my rights and defend myself. But as I witnessed people, some who were obviously overwhelmed and seemed desperate,  being abused by the courts; I couldn't help but wonder if the city's harsh treatment might create another Cookie Thornton type situation.

Cookie Thornton

Charles Lee "Cookie" Thornton, was a lifelong resident of Meacham Park, an unincorporated, mostly African American community. In 1992, Kirkwood annexed the Meacham Park area. Upon annexation, the municipal codes of Kirkwood became the law for Meacham Park, which had previously lacked municipal codes.

On February 7, 2008, Cookie Thornton fired shots during a Kirkwood city council meeting, that killed five , including two police officers, and wounded two others; one of the two wounded victims, the mayor, later died. Thornton was then shot and killed by police. SuperBowl Sunday will be the eighth anniversary of Thornton's Kirkwood shooting.

St. Louis Magazine published a four-part series about the Kirkwood Shootings, part one of the series, "Why did Cookie Kill?" starts off with:

"In the initial shock, it seemed simple: Cookie Thornton had gone crazy. Then people started commenting, and it seemed even simpler: A black man had gotten fed up with bigotry and taken revenge. Then explanations started coming, and nothing was simple at all"

The complaints that surfaced during the Ferguson Protest about municipal courts were the same sort of things Cookie Thornton complained about. I didn't know Mr. Thornton, so I can't speak to his mental state, but every person has their breaking point. Mr. Thornton pleaded for help for years including at city council meetings about tickets and felt he was being treated unfairly, but it appears he was ignored. If someone had simply helped him better understand the rules of court, his trial de novo appeal rights, and the right to a jury trial, I wonder if he would have had a better outcome.

In 1996, Thornton had begun receiving citations from Kirkwood for violations of city codes. In June 1998, he pleaded guilty to six violations; and agreed to a five-phase plan to bring his property and his paving business into conformance with city codes within two years.

Thornton filed for bankruptcy in December 1999. During the bankruptcy process, he was put on a plan to get out of debt: he would pay $4,425 a month for five years. But Thornton stopped making the payments within four months and moved the portion of his business that had for a while occupied a rental property in a nearby commercially zoned area, back into his residentially zoned neighborhood.

Thornton never paid any of the fines from the 2001 and 2002 Kirkwood code violation cases. Thornton, despite having no education, training or experience in the practice of law, acted as his own attorney. The City of Kirkwood said in a state court memorandum in 2003, that by May 2002, Thornton had pled or was found guilty of more than 100 of 114 charges.

In 2005, the Missouri Court of Appeals opinion dismissing his suit against Kirkwood and Ken Yost for malicious prosecution and civil rights violations termed his brief "largely incomprehensible". After several years of the lawsuits, he declined an offer from the city to let his fines remain unpaid in exchange for dropping his last lawsuit against the city and no longer disrupting council meetings.

The Meacham Park Neighborhood Association (MPNA) met the afternoon following the shooting, February 8. More than 100 people, including Thornton's mother, and a "procession of ministers" who spoke at the meeting. Many spoke sympathetically of Thornton. Elder Harry Jones of Men and Women of Faith Ministries said

"This is something that took place over time, and perhaps it could have been avoided. There always has been a great divide between Kirkwood and Meacham Park."

Thornton's mother spoke last, saying

"We've got to do things the Bible way. I'm sad that this happened."

A blog entry that same day from a minister who used to live and work in Kirkwood provides some background about the relationship between Meacham Park and Kirkwood:

People who had lived in [Meacham Park] for generations were paid to move out so that Wal Mart could move in. [They] were made promises about how the money the city made from Wal Mart would be given to improve the living conditions in Meacham Park. When I met with the MPNA, there were residents who had been organizing and feeling frustrated for quite a while. They felt that the city officials were not following through on their promises and that the Meacham Park residents made a grave mistake in trusting the city officials….we were able to get our hands on some financial documents that flat out proved that the city promised money that they had not paid but there were legal loopholes that seemed insurmountable without a sea of money to devote to legal fees. When I stepped down from my work with Meacham Park, I knew that the frustrations were far from resolved.

In the end, it's always about the money, isn't it? It looks like the only reason Kirkwood was interested in annexing Meacham Park was to profit from  a Wal-Mart development that certainly came with other developments. They displaced poor black residents from Meacham Park seemingly without any inconvenience to Kirkwood residents.

A white actor, Joseph Fiennes, has been cast to play Michael Jackson in a British TV production about a fabled road trip made by Elizabeth Taylor, Michael Jackson and Marlon Brando took while trying to get home to Los Angeles from New York after the September 11 terrorist attacks.

The Daily Show’s Trevor Noah, commented: “Are you for real?” “All the drama going on over black actors being ignored, and you’re getting a white actor to play the greatest black pop star of all time.”  “And the worst thing is it’s not even like the best white actor,”

Just days ago, we published a post about the Oscars. Maybe white actors playing black characters is one of the reasons blacks are having difficulty being nominated for an Oscar. The Washington Post recently published an article, “100 times a white actor played someone who wasn’t white: Hollywood has moved on from blackface, but it remains terrible at casting people of color.”

On our page about racial bias in mass media, we talked about how actual black heroes have been portrayed as white, including the black marine at ground zero in the movie “World Trade Center.”

During an interview with Oprah, below, Michael Jackson stated,  “Why would I want a white child to play me? I’m a black American. I’m proud to be a black American. I am proud of my race. I am proud of who I am.” Jackson makes the comments at around the 23:46 mark in the video. Maybe Jennifer Beals or Halle Berry should have been cast as Elizabeth Taylor, who makes an appearance during the interview; especially since Taylor portrayed Cleopatra, who is speculated to have been of black African ancestry.

This is what can go wrong when government officials are not watched and controlled by those they govern. Michael Moore is requesting that people visit his website to sign a petition. Below is a letter written by Michael Moore, the Oscar and Emmy winning director.

Dear President Obama,

I am writing this to you from the place where I was born — Flint, Michigan. Please consider this personal appeal from me and the 102,000 citizens of the city of Flint who have been poisoned — not by a mistake, not by a natural disaster, but by a governor and his administration who, to "cut costs," took over the city of Flint from its duly elected leaders, unhooked the city from its fresh water supply of Lake Huron, and then made the people drink the toxic water from the Flint River. This was nearly two years ago.

This week it was revealed that at least 10 people in Flint have now been killed by these premeditated actions of the Governor of Michigan. This governor, Rick Snyder, nullified the democratic election of this mostly African-American city — where 41% of the people live below the "official" poverty line — and replaced the elected Mayor and city council with a crony who was instructed to take all his orders from the governor's office.

One of those orders from the State of Michigan was this: "It costs too much money to supply Flint with clean drinking water from Lake Huron (the 3rd largest body of fresh water in the world). We can save a lot of money doing this differently. So unhook the city from that source and let them drink the water known as 'General Motors' Sewer' — the Flint River."

And, lo and behold, the Governor was right. It was a lot cheaper! Fifteen million dollars cheaper! And for saving all that money, it is now estimated that to repair the damaged water system in Flint, it will cost at least $1.5 billion. Someone had suggested to the governor, before he did this, that the river contained many toxins. He ignored that. One of his own people said maybe they should add a safe-to-drink "corrosive protector" to the water so that the toxins in said water wouldn't leach the lead off the aging water pipe infrastructure and into the drinking water. "How much will that cost?" asked the governor's office.

"Just $100 a day for only 3 months," the governor was told. Oh, $100 a day?! THAT'S TOO MUCH!, came the reply from the governor. Don't worry about the lead. "Lead is a seasonal thing," he would later explain to the public. "Heck, there's lead in everything!" Just let them drink the river water.

This is , a city where half the population (including myself) found a way to escape the misery and the madness (the crime rate is so bad, we've lead the country in murders for most years — and just to get an idea of what that means, if NYC had the same murder rate as Flint last year, over 4,000 New Yorkers would have been killed, instead of the 340 who actually were).

My city has been pummeled by General Motors, Wall Street and the State and Federal governments. It's no surprise that the Republicans who control our State Capitol in Michigan didn't have to worry about any push-back from the residents of Flint because, to them, that's just a bunch of eviscerated black people who have absolutely no power, "don't vote for us any way," and have NO means to fight back.

And now, after every single child in Flint has been poisoned with lead-filled water that the State knew a year ago was in that water, we learn that the governor's office sought to cover it up, hiding it not just from the defenseless African Americans they secretly fear and despise, but also hiding it from YOU and the federal government! (Link)

And, as if things couldn't get any worse, the news of 87 people with Legionnaires Disease happened this week. Ten Flint residents have been KILLED by this disease which is caused by tainted water. Not by gun violence, not in Afghanistan, but by an act of racism and violence perpetrated by the — I'm sorry to say — white, Republican governor of Michigan who knew months ago the water was toxic.

All fingers from the doctors and scientists point to the filthy, toxic Flint River as the cause of this Legionnaires Disease outbreak. 10 human souls deceased. In an average year, Flint already had an astounding 8 cases (and rarely a death) of people contracting Legionnaires Disease. Since the citizens of Flint were forced to use the water from the Flint River, EIGHTY-SEVEN CASES OF LEGIONNAIRES DISEASE have happened! AND TEN DEATHS! And the number is expected to rise.

President Obama — the people of Flint are crying out to you for help. Our Congressman, Dan Kildee, has called the federal government for assistance. But he's been told that it's a "State issue" and that "the State of Michigan has to be the one asking the feds for the help."

NO! The STATE is the one who CAUSED THIS! That's like asking the fox if he could repair the chicken coop. No, Mr. President, we need YOUR help — TODAY. 100,000 people have no water to drink, to cook with or to bathe in.

This week, you are coming to Michigan to attend the Detroit Auto Show. We implore you to come to Flint, less than an hour's drive north of Detroit. Do not ignore this tragedy taking place every day. This may be Gov. Snyder's Katrina, but it will become your Bush-Flying-Over-New Orleans Moment if you come to Michigan and then just fly away. I know you don't want that image of flying over us as you "fake-sad" look down on Flint just as Bush did in that never-to-be-forgotten photo-op over New Orleans. I know you are going to come to the rescue here in Flint. I can't imagine any other scenario.

We need:

1. The CDC here at once to truly assess all of the disease and damage that has been forced upon the people of Flint.
2. FEMA has to supply large water containers in every home in Flint — and they must be filled by water trucks until the new infrastructure is resolved.
3. The EPA must take over matters from the State (can the governor be removed and replaced like he did to the mayor of Flint?). Immediately.
4. You must send in the Army Corps of Engineers to build that new water infrastructure. Otherwise, you might as well just evacuate all the people from Flint and move them to a white city that has clean drinking water — and where this would never happen.

President Obama, I'm counting on you to give us a response. Can we expect to see you, in Flint, in the next few days?

Yours,
Michael Moore
Filmmaker
Flint native

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Bathing in Poison

It's not just lead in Flint's water… it's much worse. Do you know what's in your water? 

In an earlier post, “First They Came“,  discusses people who allow injustice to occur without speaking up. Dr. Larycia Hawkins, a professor at Wheaton College stood up for others and in turn, others stood up for her.

“No one is safe and that’s the message Wheaton College should hear. None of my students are safe. None of my colleagues are safe,” Wheaton College Professor Dr. Larycia Hawkins said.

Dr. Hawkins actions embodies what this country needs right now! Professor Hawkins, who is Christian, bravely took a stand to speak out and join hands with people who are currently being demonized by Donald Trump and other bigoted people in this country.

Her solidarity statement came in the aftermath of the Dec. 2, 2015, shooting in San Bernardino, California. Republican presidential candidate Donald Trump had just called for a “total and complete shutdown of Muslims entering the United States,” and American Muslims, particularly hijab-wearing women, were reporting hate crimes against them.

• On December 10, 2015, Dr. Hawkins posted a message on Facebook expressing solidarity with her brothers and sisters of the Muslim faith.
• On December 15, 2015, Dr. Hawkins was placed on administrative leave by Wheaton College, and relieved of all teaching and programmatic duties for the Spring 2016 semester.
  Dr. Hawkins continued her Christian act of embodied solidarity, wearing the hijab, through Advent, leading up to Christmas.
• On January 4, 2016, Dr. Hawkins received an email notification of the Provost’s Recommendation to Initiate Termination.

She was showing love and kindness, as she said, Jesus commands. She did not appear to violate any of the school’s statement of faith. She stated, “I love Wheaton College and have always respected it, but in this case they over reacted, likely because of the current environment of hatred and generalization. Muslims are my neighbors and as worthy of God’s love as myself.”

She never denied, what she referred to as the exclusivity of Jesus’ sacrifice for our sins. She simply wore a Hijab to show respect for Muslims as human beings.

There was a rally held in Chicago in support of Dr. Hawkins and she explained her position . The entire video is about 53 minutes, but only a 13 minute section starting at 26:46 and ending at 39:55 will play. You may, however, watch any part by clicking anywhere on the timeline. The Rev. Jesse Jackson spoke on her behalf, comparing her to Rosa Parks in the first few minutes of the rally.

Dr. Larycia Hawkins’ Facebook Post

Below is a copy of Dr. Hawkins’ December 10, 2015 Facebook post, that caused Wheaton College to recommended her termination.

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I don’t love my Muslim neighbor because s/he is American.

I love my Muslim neighbor because s/he deserves love by virtue of her/his human dignity.

I stand in human solidarity with my Muslim neighbor because we are formed of the same primordial clay, descendants of the same cradle of humankind–a cave in Sterkfontein, South Africa that I had the privilege to descend into to plumb the depths of our common humanity in 2014.

I stand in religious solidarity with Muslims because they, like me, a Christian, are people of the book. And as Pope Francis stated last week, we worship the same God.

But as I tell my students, theoretical solidarity is not solidarity at all. Thus, beginning tonight, my solidarity has become embodied solidarity.

As part of my Advent Worship, I will wear the hijab to work at Wheaton College, to play in Chi-town, in the airport and on the airplane to my home state that initiated one of the first anti-Sharia laws (read: unconstitutional and Islamophobic), and at church.
I invite all women into the narrative that is embodied, hijab-wearing solidarity with our Muslim sisters–for whatever reason. A large scale movement of Women in Solidarity with Hijabs is my Christmas ‪#‎wish‬ this year.

Perhaps you are a Muslim who does not wear the veil normally. Perhaps you are an atheist or agnostic who finds religion silly or inexplicable. Perhaps you are a Catholic or Protestant Christian like me. Perhaps you already cover your head as part of your religious worship, but not a hijab.

***I would like to add that I have sought the advice and blessing of one of the preeminent Muslim organizations in the United States, the Council on American Islamic Relations, ‪#‎CAIR‬, where I have a friend and Board colleague on staff. I asked whether a non-Muslim wearing the hijab was haram (forbidden), patronizing, or otherwise offensive to Muslims. I was assured by my friends at CAIR-Chicago that they welcomed the gesture. So please do not fear joining this embodied narrative of actual as opposed to theoretical unity; human solidarity as opposed to mere nationalistic, sentimentality.

Document your own experiences of Women in Solidarity with Hijabs #wish.

Shalom friends.

 

Merry Christmas!

My grandmother, from all family accounts was a wonderful and wise woman. Unfortunately, my grandmother, died when my mother was only seventeen, so I never had the pleasure of meeting her.

My grandmother used to tell her six children, “we’re not poor, we’re just broke. Poor is an attitude, broke is a condition.” My family has experienced that “broke” condition over the past couple of years partially because of legal challenges which required time and research to defend which took time away from income producing activities. Last night, I went to bad feeling bad and worried because I couldn’t afford to give my family much this year.

My sons woke me up this morning around 7 am to the sounds of Christmas music. We told each other how much we loved one another, hugged and opened presents. We called family members and as soon as they answered the phone we sang, “we wish you a Merry Christmas.” Although, we were not able to provide much for our sons this Christmas, we had a wonderful morning and experienced the true joy of family. We all gave love this Christmas and it was the most wonderful gift to behold.

My oldest son, who recently started working and is still in school, bought presents for us all, but especially for his little brother. Seeing the joy in my son’s eyes as his little brother opened his gifts allowed me to experience a peace and joy I hadn’t expected this Christmas.

If you’re reading this, most likely you have your own legal issues and your family may also be experiencing hardships this Christmas. If that is the case, you’re not alone and I hope that you too will find some joy and peace the way my family did today.  Our family motto is “Always take care of your family,” and today, I had a bright shining example that my sons have embraced that motto with all their hearts.

The best presents can’t be bought, so if you’re like us and didn’t have any money, give love, you’ll be surprise how much it’s appreciated and needed. This site exist in that spirit of love in hopes that others can avoid some of the hardships I experienced and quickly find the legal information they need that might make the difference. Have a wonderful holiday and embrace those that you love!

Is it possible that some police killings of unarmed people happen because there are some police officers who are addicted to killing?

The United States has been continually at war since 2001. In fact, as the Washington Post pointed out; since its founding, the United States has been at war for 222 Out of 239 Years.

Many of our nation’s police officers are former military personnel. I talked about police brutality in my last post and wondered how many of the officers involved in police shootings were combat veterans. CNN anchor, Brooke Baldwin raised this same question during the Baltimore protests; however, she later apologized for her comments, most likely under pressure, but her point was valid.

Several years ago, the Baltimore Sun published an article, “Veteran’s Essay on Killing“, about an Iraq War veteran who had returned home and enrolled in a community college. In an essay the veteran wrote for an English class he stated the following:

“War is a drug. When soldiers enter the military from day one, they begin to train and are brainwashed to fight and to handle situations in battle. We train and train for combat, and then when we actually go to war, it is reality and worse than what we have trained for. We suffer through different kinds of situations. The Army never taught how to deal with our stress and addictions.”

“War is a drug because when soldiers are in the Infantry, like me, they get used to everything, and fast. I got used to killing and after a while, it became something I really had to do. Killing becomes a drug, and it is really addictive. I had a really hard time with this problem when I returned to the United States because turning this addiction off was impossible. It is not like I have a switch I can just turn off.
It is something that I do not just want, but something I really need so I can feel like myself. Killing a man and looking into his eyes, I see his soul draining from his body; I am taking away his life for the harm he has caused me, my family, my country.”

“Killing is a drug to me and has been ever since the first time I have killed someone. At first, it was weird and felt wrong, but by the time of the third and fourth killing it feels so natural. It feels like I could do this for the rest of my life and it makes me happy.”

The veteran who wrote the essay is not as far as we know among the veterans in the video, but they do express similar sentiments. One person mentioned how soldiers would plant items around the people they killed, to make the situation seem legitimate.  How many people like this end up on police forces all around the country?

A new and exciting group, Projec X, will participate in a Jackson 5 Tribute on September 15th that is sure to attract and bring back fond memories to a large audience of both black and white area residents and visitors. I will be among them.

Yesterday, Twilight Tuesday, featured an R&B tribute. Three of the next four Twilight Tuesdays will feature performances sure to be of interest to black residents. Last year, I mentioned how St. Louis’ Institutions such as the St. Louis History Museum, Muny and the Art Museum were among those that seemed to ignore the majority black demographic in the City. However, that seems to be changing, at least at the History Museum.

The week after the Jackson 5 Tribute, a tribute to Stevie Wonder takes place Tuesday, September 22nd and then the Fabulous Motown Revue is scheduled to perform Tuesday, September 29th.

I congratulate the History Museum for taking this positive step in the right direction. I hope this is a new inclusive trend and I look forward to seeing and enjoying these acts that are certain to entertain what will be a very diverse audience.

Originally, I had not planned to comment on this issue. I included a video featuring Bill Cosby on the history page, that I decided not to remove. Additionally, after attending many social events where the subject has come up repeatedly and the fact that the national press and media inaccurately reported that the released deposition testimony was in effect Bill Cosby's "confession" of "drugging" and raping women, I decided to comment.

The fact that so many women are now coming forward after the statutes of limitations has expired is troubling to me. The purpose of statute of limitation laws is to facilitate resolution in a reasonable length of time. As time goes on, the evidence of an offense (criminal or civil) fades. People's memories become weaker and less reliable; physical evidence is destroyed or otherwise lost in the normal process; witnesses move or die. At a certain point, bringing charges (or filing civil suit) is unfair to the defendant and denies them Due Process because they weren't on notice to preserve evidence of their innocence.

It's amazing to me that out of so many alleged victims, not one came forward. Supposedly they were all scared because of the supposed power of Bill Cosby. Bill Cosby was only an entertainer; regardless how powerful he was, surely some of his many alleged victims should have come forward. However, men's power often makes them targets rather than shields them from allegations. During the same period of time that Cosby is alleged to have sexually assaulted or raped some of these women, another powerful man was being accused of sex crimes. In 1994, Paula Jones sued President Bill Clinton for sexual harassment. As president, Bill Clinton was then widely considered the most powerful man in the world. However, other women including Juanita Broaddrick and Kathleen Willey alleged sex crimes committed by Clinton while Elizabeth Ward Gracen, Gennifer Flowers, and Monica Lewinsky admitted to affairs with the President.

If three women were brave enough to accuse the most powerful man in the world of sexual crimes, certainly some of Bill Cosby's accusers should have come forward. Even if some of them were genuinely afraid of Bill Cosby's power, the example of women accusing Bill Clinton should have encouraged at least some of them to come forward before the statute of limitations. If allegations against Cosby are true, it would suggest he is a serial rapist. So far more than 40 women have come forward, which suggest that there are probably hundreds of other victims. These allegations are spread over 40 years. The number coming forward so far suggest one sexual assault or rape per year. However, if we assume two per year, over 80 victims; three per year, over 120; and if we assume four, that's over 160 victims; but do we believe that a serial rapist traveling all over the world enjoying fame and wealth would limit himself to four conquests per year? It seems unlikely that out a pool of so many victims, that every one of them remained silent until the statute of limitations had passed. Did Bill Cosby suddenly stop? Were some of these women ex-lovers with a grudge? Were some motivated by the attention they would receive or a possible pay day by telling their story? Maybe some actually were victims and others simply jumped on the band wagon? Obviously, the answer to those questions and the rape question is, I don't know and may never know. Cosby may very well be guilty, but there is reasonable doubt in my mind.

The fact that all those women allowed the statute of limitations to expire is unfortunate and Bill Cosby will never have his day in court. Courts are designed and intended to be impartial and fair and what matters most are the facts and the laws. One woman, Barbara Bowman in a 2006 People Article claimed that she was raped twice (first in Reno, then Manhattan) by Cosby and she was able to prevent his third rape attempt in Atlantic City. Another woman, Joan Tarshis also claims to have been raped twice.

Unfortunately, money can buy justice and the traditional court system is increasingly viewed as unfair. When courts are unfair — when judges can be bribed, when the powerful are treated better, when more expensive lawyers produce more favorable outcomes — an ancient and sacred trust is lost.

The court of public opinion is an alternative system of justice. The court of public opinion is often about revenge or mob justice and results in ruined reputations. It’s very different from the traditional court system: This court is based on public shaming, the spin of the reporter and the perception of the mob. Having a good story is more important than having the law on your side. Being attractive or charismatic is more important than being fair. Facts matter, but there are no rules of evidence or standards of accuracy.

The court of public opinion does not seem to favor black people or issues. When 17-year-old Trayvon Martin was being stalked while walking back to his father's house from the store, many jurors in the court of public opinion seemed to believe his death was justified. During the Ferguson unrest after Michael Brown was killed, many people claimed his hands were up and he posed no threat to Darren Wilson, the officer who shot him. Even after questionable and unusual grand jury tactics by the prosecutor, the court of public opinion seemed to rule the killing was justified. After Eric Gardner was killed by police, the court of public opinion decided his arrest was justified, even though the video clearly showed he posed no threat. When cops were acquitted in the Rodney King beating, America's first video capture of excessive police force, the court of public opinion seemed to side with the cops. However, although O.J. Simpson was acquited in a court of law, the court of public opinion ruled he was guilty.

Both traditional courts and the court of public opinion can be unfair, but at least traditional courts offer an opportunity for an appeal that the court of public opinion does not. When a person is unfairly judged guilty in the court of public opinion, there is not a remedy. If Cosby is guilty, it's regrettable some victims didn't come forward earlier, which may have prevented others from being victimized.

Being unfaithful to your spouse is considered by most to be morally wrong, however, it is not a crime. Regardless of Bill Cosby's guilt or innocense, he has certainly betrayed his wife's trust and has acted hypocritically preaching morality to others while performing immoral acts. As People Magazine points out, just because Bill Cosby admitted he gave Quaaludes to a woman he was in a consensual sexual relationship with in the 1970s does not mean he gave other women the drugs "without their knowledge or consent". Simply because a number of women made accusations that Bill Cosby laced their drink with drugs thirty years ago, does not make them true. 

False allegations of rape, especially the alleged rape of white women have historically devasted black communities all across America. The myth of black rapists was often expressed by white men who were often worried about black political and economic power and used rape allegations to justify violence. “We of the South have never recognized the right of the Negro to govern white men, and we never will and we have never believed him to be equal to the white man, and we will not submit to his gratifying his lust on our wives and daughters without lynching him.” Stated by Sen. Benjamin Tillman on the Senate floor in 1900. The Tulsa race riot of 1921; The Rosewood massacre of 1923 and the murder of 14-year-old Emmett Till all occurred because allegations of rape or unwanted sexual advances were made against black men. 

The Washington Post points out that while minorities make up 36% percent of the population, only 10% of the lead characters are minority, which by definition means a much smaller percentage are black since some are Hispanic, Asian or others. However, many of America's biggest black stars are disproportionately routine targets of rape and other sex-related charges including: Mike Tyson, R. Kelly, Michael Jackson, Mystikal, Tupac Shakur, Chuck Berry, Darren Sharper, Jim Brown, Lawrence Taylor, Ceelo Green, Shane Sparks, Sean Kingston, Kobe Bryant, Rev Run (Run-D.M.C.). Other high profile black celebrities that seem to be disproportionately charged with crimes include: Chris Brown, Ray Rice, Adrian Peterson, Michael Vick, Will Smith, Lil Kim, James Brown, Wesley Snipes, T.I., Allen Iverson, O.J. Simpson, Darryl Strawberry, Flavor Flav, Barry Bonds, Remy Ma, Donté Stallworth, and others; the question of racial media bias must be raised.

Watch any of the major entertainment awards shows: Emmys, Grammy's, Oscars, Golden Globe, American Music Awards, Billboard Music Awards, Country Music Awards, Video Music Awards, Tonys or the People's Choice, and you'll notice a sea of white entertainers. Black entertainers may be prominently featured on stage, but they represent only a tiny fraction of the entertainers in attendance. Since white entertainers outnumber us about thirteen times, I should be able to rattle off a large number of white stars being charged with sex and other crimes. Once I get past Roman Polanski, I can't think of any other notable white celebrity actually charged with a sex crime. Some including Woody Allen, David Copperfield and Ben Roethlisberger are rumored or alleged but not charged by a prosecutor; usually, the worst sex charges white celebrities seem to get is indecent exposure. So when I see many of our high profile black entertainers, sports figures and even politicians constantly charged with crimes; I can't help but remember how the government and F.B.I. targeted black leaders in the past and wonder if black entertainers are being similarly targeted.

However, I believe statute of limitation laws are important features of our criminal justice and court systems. Over time people's memory fades, evidence is lost or destroyed. When a person is not provided notice that he is suspected or accused of a crime, they may not preserve evidence that may exonerate them. If faced with an unlimited amount of time to answer charges, how could anyone reasonable be expected to defend themselves against charges brought decades later?

Although our court system is imperfect, it does offer an opportunity to correct mistakes. However, the court of public opinion has judged Bill Cosby, guilty as charged, with no right of appeal!

UPDATE 8-6-2015: Bill Cosby Ordered to Give Deposition in Judy Huth Lawsuit – Bill Cosby may have his day in court after all. Hopefully, some of the many women making allegations against Cosby will be called as witnesses where the credibility of their testimony can be determined by a judge or jury under the rules of evidence.

UPDATE 12-30-2015: Bill Cosby charged with sexual assault in Pennsylvania

UPDATE 1-22-2016: Bill Cosby wins in Pennsylvania court; defamation lawsuit dismissed