Tag Archives: Baltimore

Why The Fuss?

Posted on by under Political commentary, Racism & Bigotry, Re-blogs

Much ado has been stirred by the silent protest movement that began with Colin Kaepernick and his decision to ‘take a knee’ rather than stand for the national anthem in a pre-season game last year. Since then, other players have followed suit in this non-violent, silent form of protest … protest against the systemic racism that has become a part of our society, a part of our very government. I have been trying to form the words to write more in depth about this, but our friend Hugh has done such an excellent job expressing the same thoughts I wanted to convey, that I am sharing his post, rather than re-invent the wheel. Please read this one … it is so important. Thank you, Hugh, for your excellent writing and permission to share.

hughcurtler

As pretty much everyone knows by now — even our good friend Lisa in far-off Ecuador — growing numbers of NFL players are refusing stand for the national anthem before football games and this has caused a great uproar. The roar was barely heard until the President stuck his oar into the mess and decided to stir it up. Most recently he has threatened to eliminate all tax breaks for the NFL to hurt the owners where they live and force them to insist that their players behave themselves. This has brought about a quantum leap in protest, much of it directed to the President’s insensitive manner of addressing the issue.

In all this confusion the central issue has somehow been lost. The President himself fails to make the distinction, as I mentioned in a previous post, between protesting the flag and protesting racial injustice. The latter is the real…

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No Justice For Freddie Gray Today

Posted on by under Social commentary

Today, Baltimore State’s Attorney Marilyn Mosby issued the following statement:

“After much thought and prayer, it has become clear that without being able to work with an independent investigatory agency from the very start, without having a say in the election of whether cases proceed in front of a judge or jury, without communal oversight of police in this community, without substantive reforms to the current criminal justice system, we could try this case 100 times just like it and we would still end up with the same result.”

Police arrested Gray the morning of April 12, 2015, after he fled from officers on bike patrol. Officers shackled Gray’s wrists and legs and loaded him into a police transport van without seat-belting him. At some point during the ride to jail, Gray fell and suffered a severe neck injury. We do not know precisely what happened to cause Mr. Gray’s injuries in that van, nor is it likely that we will ever know.  He died in the hospital a week later.  The State Medical Examiner deemed Mr. Gray’s death a homicide.  But apparently, according to Judge Barry Williams, it was a homicide that did not warrant justice.  Apparently, Judge Williams did not believe that Freddie Gray’s life mattered.

Although six officers involved in the arrest and transport of Mr. Gray were charged in connection with his homicide, not a single one was convicted.  In fact, only four trials took place, one ending in a hung jury, three others ending in acquittals, and the remaining charges being dropped when it became obvious that prosecutors were wasting their time, that there would be no justice for Mr. Gray.

Ms. Mosby claims that there were abnormalities in the investigation of Gray’s death, saying there were individual officers who were witnesses and also were part of the investigation. She said lead detectives were “uncooperative” and that search warrants were not executed. Mosby also said officers created videos to “disprove the state’s case.”  Whether those allegations are true or not, I cannot say, but I do know that it is rare for police actually to be convicted when accused of causing wrongful death or other forms of police brutality.

Police officers are rarely charged, and if they are charged, they are convicted at a lower rate than people in the general populace, according to a study by the Cato Institute.  In fact, police officers are only half as likely to be convicted and punished as the general populace.  Why is this?

  • Juries and trial court judges are seemingly reluctant to convict in criminal court an officer whose crimes rose out of an on-duty incident that occurred as part of their job.
  • Juries tend to side with officers who argue self-defense, as they see the police as protectors.
  • There is no national reporting requirement for such accusations; in fact, many places have laws to purposefully keep the details of misconduct investigations out of the public eye.
  • Most of the time, prosecutors don’t press charges against police, even when there is evidence of wrongdoing, as to do so is to put the prosecutor’s career on the line.

However, the biggest reason  police officers are so rarely convicted is what is known as the “blue wall of silence.”  This is the unwritten rule that exists among police officers not to report on a colleague’s errors, misconducts, or crimes. If questioned about an incident of misconduct involving another officer (e.g. during an official inquiry), while following the code, the officer being questioned would claim ignorance of another officer’s wrongdoing. Police officers protect each other.  They rarely testify against another officer.  Officers who do not follow the code are sometimes threatened and ostracized by fellow police officers. This, I believe, is the biggest single barrier to bringing justice to corrupt police officers, bar none. This “blue wall of silence” is the reason we will never know who killed Freddie Gray.

Please do not misunderstand me.  I have the greatest respect for law enforcement as a whole, and I believe that the majority of police officers are out there putting their lives on the line every day, trying to do the right thing with but one goal in mind:  to protect the citizens.  I have often written about the dangers and immorality of judging an entire group of people based on the actions of a few, and it is not my intent to make such judgments here.  But, as with any other group, there are members of every police community who are corrupt, who are bigoted, who are more concerned with their illusions of power than with protection of the community.  And just as with any other group, it is those few most remembered for their actions … actions which colour our opinion of the entire group.

Given the statistics, and given the many recent cases like Freddie Gray, Michael Brown, Tamir Rice and others who have died at the hands of police without any accountability by police, is it any wonder that relations between law enforcement and the community are strained?  What is the solution?  I cannot say. There are laws prohibiting officers from withholding information, or giving false testimony, but just as with any other law, if not enforced, then they have little or no value.

We all decry such events as the recent killings of police in Baton Rouge and Dallas, killings that come as a result of frustration with the law enforcement community.  Frustration and fear.  Fear that we, or one of our children, may someday be the victims of the same treatment that Freddie Gray, Alton Sterling, or Philando Castile received.  We have come to fear the very people we should be able to trust the most. The solution, the only possible solution, is to hold law enforcement to a high standard of accountability.  Until we do that, our society will continue along its current path.  Think about it.

It Is Not A Crime To Be Black!!!

Posted on by under Rants, Social commentary

The City of Baltimore, Maryland, must have enjoyed the riots of 2015 and hope to have a 2016 re-enactment.  For the third time in 7 months, one of the guards charged in the murder of Freddie Gray last year failed to be convicted.  Caesar Goodson was the sole officer who was actually charged with murder in the Freddie Gray killing, and today he was acquitted.  He was acquitted of second-degree depraved-heart murder. He was acquitted of second-degree assault. He was acquitted of misconduct in office.  He was acquitted of reckless endangerment.  And he was acquitted of three counts of manslaughter.  He left the courtroom amidst much back-patting and many congratulatory handshakes.  And the good citizens of Baltimore wept.

To briefly recap the case: On 12 April 2015, Freddie Carlos Gray, Jr. was apprehended and arrested by Baltimore Police Department (BPD) officers, accused of carrying an illegal switchblade.  Gray, shackled and manacled, was placed into a police van for transport to the police station, but was not secured by either seat belt or shoulder harness.  During the ride, Gray fell into a coma and was ultimately transported to a trauma center, where he died one week later.  The coroner’s office ruled Gray’s death a homicide, citing that he had received fatal injuries during transport.  Eye witness accounts said that the arresting officers had used ‘unnecessary force’ during the arrest, but the officers categorically denied this claim.  On April 24, 2015, Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”  There are more unanswered questions than there are answers, even after three criminal trials, because the ‘blue wall of silence’ once again protects its own.

It was later determined that Freddie Gray was actually arrested simply for making eye contact with the officers before the presence of the knife was even noticed.  Thus the initial arrest was unlawful.  Two bystanders captured Gray’s arrest with video recordings showing Gray, screaming in pain, being dragged to a police van by officers, and then stepping up into the van.

On 1 May 2015, prosecutors stated they had probable cause to charge six BPD officers:

  • Officer William G. Porter – involuntary manslaughter; second degree assault; misconduct in office. A grand jury indicted Porter on all charges and added an indictment of reckless endangerment.  On December 16, 2015, a mistrial was declared on all charges.  Officer Porter’s retrial date is scheduled for September 6, 2016.
  • Officer Caesar R. Goodson Jr. – charged with second-degree depraved heart murder; involuntary manslaughter; second-degree assault; manslaughter by vehicle (gross negligence); manslaughter by vehicle (criminal negligence); and misconduct in office. Found not guilty on all charges on June 23, 2016
  • Officer Garrett E. Miller – charged with two counts of second degree assault; two counts of misconduct in office; and false imprisonment. False imprisonment charges were dropped, but reckless endangerment charges were added.  Trial date is set for July 27, 2016
  • Officer Edward M. Nero – charged with two counts of second degree assault; misconduct in office and false imprisonment. Judge Barry Williams found Officer Nero not guilty of all charges on May 23, 2016.
  • Brian W. Rice – charged with involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; and false imprisonment.
  • Alicia D. White – accused of not calling for medical assistance when she encountered Gray, “despite the fact she was advised that he needed a medic”. Charged with involuntary manslaughter; second degree assault; and misconduct.  Trial date is set for October 13, 2016.
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William G. Porter

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Caesar R. Goodson

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Garrett E. Miller

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Edward M. Nero

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Brian W. Rice

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Alicia D. White

 

In his ruling today, Judge Williams said video and photos prosecutors presented did not prove beyond a reasonable doubt that Goodson ran a stop sign or recklessly made a wide turn, as the state contended. Multiple witnesses for the prosecution couldn’t specifically define ‘rough ride’. And only when pressed in closing arguments did prosecutors say a rough ride could be inferred because Gray got hurt while unbuckled in the back of the van. Testimony showed that Gray told police at multiple stops that he wanted to go to the hospital. But according to the judge, there was no evidence until the van arrived at the final stop, that Goodson realized Gray — with a bloodied face and unresponsive — was in medical distress.  And yet … and yet, nobody was at fault here, nobody should pay for the death of a young man whose only real crime was being African-American.

Fraternal Order of Police president Gene Ryan said the group is pleased with today’s ruling and optimistic the remaining officers will also be acquitted. He called on prosecutors to drop the remaining charges.  I see the handwriting on the wall.  I hope the prosecutor’s office follows through on each and every one of these cases, however it looks less and less likely that any will actually pay for the murder of young Freddie Gray.  If any one of these men is guilty, then all six are guilty for their crime of maintaining the ‘blue wall of silence’.  But obviously in the eyes of the courts in the City of Baltimore, none can be charged as guilty, none will be charged as guilty, and apparently Freddie Gray just suddenly died, all on his own, with no help from these fine, upstanding officers of the law.

When the citizens of Baltimore rise up and protest this travesty of justice, whether it is tonight, tomorrow, or six months from now, let there not be a single voice that says “they should not be violent, they should accept and go on, they should … “, for the City of Baltimore, through its system of ‘justice’, has made clear its position, and now the citizens will make clear theirs.  I do not advocate violence, I am of the same mind as Dr. Martin Luther King, but the time has come to stand up and say, “It is not a crime to be black!!!”  Let there somehow, someday, somewhere, be justice for Mr. Freddie Carlos Gray, Jr.

Thoughts on Baltimore …

Posted on by under Social commentary

I tried to avoid it … I really did try … but alas, I find that I must weigh in on the situation in Baltimore, if only to silence those who believe that it is a simple black-and-white issue with simple good vs. bad components and an equally simple solution. The few facts that are known are as follows:

• On April 19th, Freddie Gray, an African-American male, age 25, was walking on a Baltimore street when a police officer made eye contact, which prompted Mr. Gray to run, though he was not wanted for any crime at that time.
• The officer gave chase and arrested Mr. Gray who did not resist arrest.
• Mr. Gray’s leg was apparently injured, though it is not known how this happened.
• Mr. Gray was put in a police van for transport to the police station.
• On arrival at the police station, Mr. Gray had mysteriously acquired three fractured vertebrae and a crushed voice box. The police van had made at least two stops between the site of the arrest and the police station, but it is unknown (or unreported) what transpired during those stops.
• Freddie Gray died later that day of severe spinal cord injuries.
• The six police officers involved have been placed on suspension with pay.

More than a week later, still no information regarding the events during that fateful van ride have been forthcoming and no real action has been taken against the officers (sorry, but suspension with pay does not, in my book, qualify as a punitive action but seems more like a paid vacation … a reward, in fact). Understandably, the community wants answers to the question “what happened and why?”. Both the mayor of Baltimore and the Department of Justice are “investigating”, but no real information has been forthcoming. The frustration of yet another African-American victim of police brutality coupled with a lack of credible information has led to frustration among Baltimore’s citizens, which ultimately has led to protests, a few of which have become very violent and resulted in property damage and injuries to police officers. Those are the facts. Now for my take …

Let me be very clear at the onset that I DO NOT CONDONE RIOTING AND VIOLENCE. Based on past experience, I’m sure that some will still conclude that I am siding with the rioters. So be it. That said, while I do not condone the violent response, I understand it. John F. Kennedy once said, “Those who make peaceful revolution impossible will make violent revolution inevitable.” Imagine that you are dining with a group of friends, everyone is talking and having a good time, when you suddenly inhale a piece of food and can neither breathe nor speak. You wave your arms, trying to get somebody to notice your dilemma, but nobody seems to notice. Eventually, as you are turning blue, you are probably going to smack the nearest person or throw a plate against a wall in order to be noticed, yes? The citizens of Baltimore are choking on this and need someone to notice, to provide answers, to show that it is, indeed, being taken very seriously, but they are being ignored. So, they are lashing out. This case in and of itself is horrific, but in light of the current spate of cases involving police brutality and use of unnecessary force against African-Americans, it makes for one of the most volatile environments imaginable. Even so, most of the protests in Baltimore over the past week have been peaceful in nature. Rioting, looting and violence are not the order of the day except in a very few areas. Just as with other recent crises that led to outbreaks of violence (Hurricane Katrina, Ferguson, Mo., etc.) those who are guilty of this type of violence are most often undereducated, unsupervised youths using the situation and associated protest movements as an excuse. Still, there needs to be some serious discussion between the citizens, city leaders and the law enforcement community, else the problems will ultimately lead to more serious and lasting discord. This situation is not going to just go away and the scars cannot begin to heal until a few things happen:
1. A full investigation is performed, the questions answered and made available to the citizens
2. Harsh punishment is applied against any and all officers involved in the brutality
3. An apology is issued to the family of Freddie Gray and to the community
4. A realistic plan is put forth and implemented to ensure that this can never happen again in Baltimore

There is yet one other aspect that needs to be addressed on a national level, and that is the role of the media. The media really should step up and take at least partial responsibility for the escalation of violence, not only in Baltimore but also in Ferguson, Mo., as well as numerous other hot spots in the nation over the past decade. As noted above, many more people were involved in peaceful protests in Baltimore than in violent ones. Did you know that? Probably not, since the media choose to highlight only the most violent situations. A little personal story here … when I was a teenager, I happened to be in a city that was hit by a hurricane. Damage was minimal for the most part, with only a very few homes or businesses destroyed, however electricity and telephone service were interrupted for several days (this was before the day of cell phones or the internet) . My grandmother, who lived in Chicago, was nearly worried into an early grave until telephone service was restored and she learned that we were all well and fine. The media, as it turned out, had found the 5 or 6 buildings that had been destroyed and reported continuously that there was “mass destruction and devastation”. It was a bald-faced lie, but I guess that reporting that 99% of the area that received only minimal damage wouldn’t have gotten nearly as many viewers, thus larger ratings, thus more advertising dollars flowing into the coffers. The same is the case in Baltimore today … the press is not interested in the people who are engaged in peaceful protest. You are familiar with the expression “the squeaky wheel gets the oil”? Just as in so many other situations, such as terrorism, to name just one, the result of the slanted media coverage is that is serves as an enticement to those who are seeking their “15 minutes of fame”.

So then, is there a solution to not only this case, but preventing similar situations in the future? I do not think there is a single panacea, but a multi-faceted set of changes in how city officials, law enforcement and the press operate, and equally important, in the response of citizens of the nation, not just of a single city. Two comments I have heard repeatedly that I find particularly galling and obnoxious are: “he deserved what he got … he shouldn’t have been running from the law”, and “Obama needs to talk to his people and calm them down”. Seriously??? So, running from the law is punishable by death now? No trial, no jury, no judge, just … death. I believe it was Cicero who first coined the phrase “let the punishment be equal with the offence”, or as paraphrased by W.S. Gilbert, “let the punishment fit the crime”. And President Obama needs to speak to “his” people? This sounds like a remark that might have been made in Alabama or Mississippi in 1950! Try “we need to help our people”. We are all in this together, people! Communication, open and honest, will be of more value than anything else I can think of. We are hovering dangerously close to a return to the racism and vigilantism that defined the 1950’s and 1960’s in this nation and I think we must all be willing to do our part to prevent that. Too many hateful and hurtful remarks have been bandied about on Facebook, Twitter and other social media sites with no intelligent thought behind them. Too many falsehoods and half-truths are being reported both on mainstream and social media, and those who have neither the inclination nor intelligence to dig deeper believe only what they see or hear at any given moment, adding to the unrest and potentially adding fuel to the fire. If there is a solution it will require intelligence coupled with a more compassionate and tolerant culture than we seem to have now.

While I welcome comments and would very much like to hear the opinions of others on this issue, please note that I will not tolerate any comment that is racist in nature.