Lyin’ Lochte’s Tragic Overshadowing of the Olympics

Lyin’ Lochte’s Tragic Overshadowing of the Olympics

May I have your attention please?
May I have your attention please?
Will the real Slim Shady please stand up?
I repeat will the real Slim Shady please stand up?
We’re going to have a problem here

Lyrics from “The Real Slim Shady” by Eminem

Will the real swim shady please stand up?

Ryan-Lochte-New-York-Daily-News-Loch-Mess-Monster1
NY newspapers always keep it real….

Although the lights have dimmed and the closing ceremonies have finished, the amazing accomplishments by the athletes in the last week have been overshadowed by a drama of Olympic sized proportions.

Ryan Lochte and three other swimmers, spun a tale of robbery in Rio which turned out to be completely false.  However, the reactions of some on social media call into question where we are as a country.

Let’s put this in context.  During the week, Olympic gymnast Gabby Douglas didn’t raise her hand to her heart during the National Anthem after she received her team gold medal in gymnastics.

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Photo Courtesy of Jet Magazine

No one was harmed. No property was harmed. No lies were told. She apologized for her actions.

gabby apology

Yet her actions were scrutinized to the point of sickness. The “we gave you a chance” narrative became front and center on social media, and she was accused of being “ungrateful”.

Hello, she earned it!! No one “gives” you a place in sports. You have to shed blood, sweat and tears to get a spot. Gabby gave up everything she knew — her town, her family and her time — to qualify for the US Olympic team.

By comparison, Ryan Lochte made the similar sacrifices and won gold. Yet he lied and entered into conduct unbecoming of an athlete. In a drunken episode with his friends, he urinated on the side of a gas station, and trashed a door. He then told the media and Brazilian law enforcement that he was robbed at gunpoint, even going so far as to say the gunman put the firearm to his temple.

If you look at the surveillance video from the night in question, it is clear that he and his companions are intoxicated. They did not even return to the correct taxicab after vandalizing the gas station property.  A man comes up to the cab, and it appears that he orders them to get out. They exit, with wallets out, as if to compensate for the damages.

He has since issued an apology, in which he still paints himself as a victim because he was held at gunpoint after committing a crime.

Whelp, that’s kind of what happens when you get arrested or detained.

Lochte urinated on Brazil literally and figuratively. He destroyed property and lied about it, assuming that everyone would believe his tale of being a victim of violence in a beleaguered 3rd world country. Purportedly this story broke because he told his mother a lie, his mother called the media out of fear/concern, and he continued the lie when asked by authorities in Brazil.

As a grown man, he should have known how his mother would have reacted.  There are stories that my mother went to her grave not knowing about my escapades, simply because I knew that she would panic or react in a certain way.  If Lochte had exercised this discernment, he would not have had this problem.

Even if he decided to lie to his mother, when asked by Brazilian authorities, he could have told them that this was a family misunderstanding, no robbery occurred, and end it there.  He did not. To be clear, he was sober at this juncture. This is another moment of poor judgement.

All of these moments of poor judgement add up to a criminal offense (as often happens).
His lapse of judgement is treated by some as a harmless “boys will be boys” prank. Most boys don’t commit crime. And FYI at 32, Lochte is not a boy. His criminal actions threaten to overshadow all of the amazing work that Team USA has done at the Olympics in Rio. Granted, there is an argument to be made that it is not the worst Olympic scandal in history (Tonya Harding and Nancy Kerrigan come to mind), but it is pretty close.

In the United States, falsifying a police report is a misdemeanor in most states, subject to a fine or a short jail sentence of less than a year.  It is a crime in Brazil as well, likely subject to similar penalties.

What disturbs me is the vitriol Gabby Douglas endured as a result of her actions, while there is a willingness to look past Lochte’s criminal behavior.  There have been some interesting articles on this that I would like to share, by  Emma Gray at the Huffington Post, and one by Charise Frazier at NewsOne.

The question is: is this white privilege at work?

Let me know your thoughts!

Police Shooting Videos in the Courtroom

Police Shooting Videos in the Courtroom

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It’s beginning to seem like another day, another police shooting video.  We’ve all seen the videos — Eric Garner, Tamir Rice, now Alton Sterling and Philando Castile.  The videos go viral, folks become outraged, protests are sparked….but that outrage does not always translate in the court of law. 

Why is it, that if these cases get to trial, that the videos do not trigger a quick guilty verdict? Often the outcome is the exact opposite of that.

The simple answer is desensitization. The video is shocking the first couple times you see it, but after a while, the impact lessens.  The same way we see kids become desensitized to violence after repeatedly playing violent video games or watching scary movies, is the same way jurors become desensitized after the repeated playing of a troubling video.

There’s no real solution — but it is food for thought.  

Ben Hancock at Law.com wrote an interesting piece on this phenomenon.

SAN FRANCISCO – Viral videos of police shooting victims Philando Castile and Alton Sterling in their final moments have left much of the American public seething, saddened and convinced that deep-rooted racial bias led the officers to fire their weapons.

But as compelling as the videos are—and as important as they have become in the broader debate about law enforcement and race—they rarely have the same decisive impact in court that they have on the way the public perceives an event.

Lawyers who have been involved in police shooting cases and dealt with videos as evidence say that often a case rises or falls on what the camera didn’t capture. Attorneys representing accused officers point to a camera’s technical limitations, or the fact that it didn’t see the angle the officer saw, which can wither a criminal or civil rights case targeting the officer.

Sometimes, the more a video is played in court, the less impact it has, and desensitizing a jury to a video’s violence often emerges as a deliberate defense strategy—as does drawing the jury’s attention to uncertainty around what happened immediately before the camera was turned on.

See the rest here.

Perceptions on Race and Crime…

Perceptions on Race and Crime…

What’s the difference between a joyride and stealing a car?

The elements are the same: the taking of a car with the intent to temporarily deprive the owner of its use. Unfortunately, what is considered a “joyride” in a white community becomes “grand theft auto” in a community of color. 

The outcome can be different depending on the defendant. If you have a white defendant that comes in with a fancy lawyer, who is arguing that it was a childish prank and points at the future the young man has ahead of him while the young man is crying in open court — the case may either be dismissed or result in a diversion program. 

Meanwhile, the defendant of color may not have anyone vehemently arguing on his behalf. His family does not have the money for a lawyer or to pay the fee for a diversion program. The overworked public defender cannot delve as deeply into the case.  He’s sorry for the stupid act; but maintains a stiff upper lip in front of the judge, because in his culture, men don’t cry — it’s perceived as weak. His outcome ends up being more severe with a criminal conviction. This now means he will have difficulty getting a job, obtaining student loans, living in public housing, or even joining the military. His life is over before it gets started. 

This is even assuming that the white defendant is even arrested — he may be brought home by the police with a stiff warning, and the car returned to the rightful owner. 

Similar scenarios play out across the country due to stereotypes some people have that people of color have no future.

So how do we make the justice system more colorblind?

All first time offenders of non violent crimes should be given a diversion program. All addicts should be placed into a drug court that requires treatment. It should not be a matter of whether or not your lawyer advocates on your behalf for a program. The Task Force on 21st Century Policung, convened but the White House after the events in Ferguson, issued a report that in part urges police departments to return to community policing, where they get out of their cars and get to know the residents. This way, you can bring young Johnny home to his family — or if there are issues at the home, the officer is aware and find another solution for a young person acting out. 

It happens regularly in white communities; with a little creativity the same can be done in communities of color. 

My friend Courtney Swan wrote a riveting piece on our criminal justice system from a Canadian perspective. She makes some great points backed by statistics that show the disparity brought on by the history of racism in America. She comes to similar conclusions as seen in my recent discussion on the War on Drugs. We are moving forward, but we still have some work to do! 

The War on Drugs is Killing Black America 

By guest blogger Courtney Swan

Since President Richard Nixon coined the term in a press conference in June 1971, the ‘War on Drugs’ has been a forceful weapon for nationwide, institutionalized discrimination and racism in the United States.

Nixon declaring to the Congress on Drug Abuse Prevention and Control that drug abuse was “public enemy number one” was the start of the country’s longest ongoing war, along with the notoriously detrimental effects of its repercussions.
Just to get it out of the way right now, because I know many of you are wondering what my stance is on it… the War on Drugs is a race issue. 
But please understand that this isn’t just my stance. This isn’t my opinion reflective of my own personal biases.
This is a cold, hard fact, and this series is going to extensively break down and analyze the many truths surrounding this.
The War on Drugs is a crisis which over the last 45 years has brutally and unjustly targeted and devastated communities of color all across America.
One of the most frequent responses to the pleas for criminal justice reform to solve the epidemic of mass incarceration of people of color is, “Well, the real issue we need to resolve is black-on-black crime!”
But, here’s the thing… black on black crime is in itself a twisted, and quite frankly racist expression used to represent the completely bogus idea that more black people are in prison because more black people are criminals.
This idea needs to be shut down.
What the idea of ‘black on black crime’ does is enable American citizens to turn a blind eye to this form of institutionalized racism by encouraging us to justify it. It allows us to diminish the value of black life and black freedom with implications that it is undeserved. . . that mass incarceration has nothing to do with systemic racism and everything to do with the shortcomings of black people in America.
So let’s debunk the myths.

Myth #1: Black on Black Crime Is Worse Than White on White Crime

Read the rest here

The Lost War on Drugs: What Next?

The Lost War on Drugs: What Next?

war-on-drugs

Newsflash: we have lost the war on drugs.

Yes, we have made a lot of arrests.  Yes, drugs were seized and destroyed. But we have not stopped or stemmed the tide of illegal drugs into the United States.

As a prosecutor, I start to think about failed policies, and what to do next.

Instead of a war on poverty, they have a war on drugs so that the police can bother me.

This line was immortalized by the rapper Tupac. It was in his song “Changes” that he discussed the current conditions of his neighborhood in the 1990’s . He was defining the issues that were present in the African-American community. Sadly, in the years since that song, those who reside in lower income areas have not seen any changes.

It has recently come to light in an interview with Nixon aide, that the war on drugs truly was a farce. The idea purportedly was to “equate the hippies with marijuana, and the blacks with heroin” in an attempt to prevent the groundswell of political change that was occurring in the 1970’s.

In reality, the way to fix all that ails our society is really simple. We need to attack the demand, not the supply. The war on drugs was targeting the suppliers. But for every drug dealer and Pablo Escobar that was taken off the street, ten more rose to assume their place.

Why?

Because it is lucrative. Because there is a demand for drugs. Until we end the demand, we will never win the war on drugs.

So how do we end the demand? It is a bit more than Nancy Reagan’s “just say no“, –while simplistic, we need to educate the youth. We truly need to invest in addiction remedies. We need to invest in rehabilitation, making it widespread and easily affordable. If you do not have the money to go to Betty Ford, you should still be able to fight your addiction at a licensed rehabilitation center so that you can get your life on the right track. Once we have less addicts, then the drug dealers will have to find something else to do because selling drugs is no longer profitable.

Of course, this plan requires money. It requires the government to invest in such programs or private entities to subsidize these programs for those who are financially unable, or whose insurance does not cover it. But this is the only way we can truly move forward and truly win this “war on drugs”. Incarcerating masses of people is not the answer.

I was reading an interesting article regarding the relationship between the Clintons and the African-American community. Many view the widespread support Secretary Clinton enjoys as blind faith; however, many in the African-American community, frustrated at the violence that they saw in the streets, welcomed the aggressive policing tactics and hoped that this would alleviate the problems. So while President Bill Clinton’s 1994 crime bill is looked upon as one of the main catalysts of the mass incarceration problem we see today, it was something that was originally sanctioned, even fought for, by the Congressional Black Caucus, the African-American faith based community, and many African-Americans at large. However, the unintended consequence was that an entire generation of young African-American men were lost to the prison system, and even more African-Americans remained mired in addiction and poverty. Check out another interesting article on the relationship between African Americans and the war on drugs here.

So now that we know better, we must do better. If we look at the response to the heroin epidemic in white communities, the focus is on treatment as well as looking at novel ways to enforce the law. The same must be done in all communities, especially communities of color who have suffered for too long.

At the end of the day, if there is a demand, the supply will follow. It’s simple economics; it’s simply business. So it is good business for us to invest in rehabilitation as well as mental health, because in some instances, addictions co-occur with mental illness as a way of self-medicating.

Bottom line: min mans solve nothing, they deter nothing. End the demand, and you kill the supply.

Give a listen to an interview I did on this topic with NPR and the article I wrote for the Miami Herald.

As always, please share your thoughts!

M.

 

 

The RLD on DV: Introduction

The RLD on DV: Introduction

IMG_2825October is Domestic Violence Awareness month. In honor of a subject that I am very passionate about, I am doing a multi part series addressing this deadly issue.

Why?

Because as a prosecutor who specialized in domestic violence crimes for close to four years, and still continues to handle domestic violence homicides although I work in a different unit, I hear the same old stories.

What did she do to provoke it?

Many violent incidents happen behind closed doors, away from the public eye. The only people who know what happened are those in the room — or their children that witness it.  I have had witnesses tell me “he’s such a nice guy, I mean she must have done something to have made him do this to her

Meanwhile, the victim is dead.

Really?

Domestic violence is a family matter, to be dealt with quietly.

I had a victim who was beaten within an inch of her life with a weightlifting bar by her husband. He then took her from the house with the intention of disposing of her permanently.  It was only through a harrowing escape and the kindness of very frightened strangers that she survived to tell her tale.  The defendant’s family had the nerve to tell her in open court “if he was beating you, you should have come to us.  You never should have called the police. This was a family matter”.

I have never heard of a family that persuaded a husband to stop beating his wife.  If you have, please let me know.

She didn’t leave so she must have enjoyed it.

I have actually heard people say this, fully believing it is true. There are a multitude of reasons why someone doesn’t leave an abusive relationship. Over the next few weeks, I will feature some of the stories, so you can see for yourself.  But the reason is never “I liked being beaten“.

She hit him back so they just had that kind of relationship.

Yes, they did. It’s called an abusive relationship.  It’s not something that should be played down or minimized.  It is not acceptable or healthy. As friends and family members, we should be encouraging anyone who is in that type of relationship to end it, seek counseling, and find a better partner.  Once we as a society start to accept hitting as a new norm, we lose our humanity.

They were a passionate couple.

Let’s not confuse “passionate” with “messy“.  We look at certain celebrity relationships, with their ups and downs, as well as every “Real Housewives” franchise, waiting for the next plate to fly or the tea to spill.  No couple is perfect; however, a healthy relationship is based on mutual respect. Once the line is broken with physical abuse (which can be as simple as a push or a slap) or verbal abuse (you’re stupid, you’re ugly, no one will want you), then the line has been crossed from healthy to sick.

Men Can’t Be Victims.

Wrong.  This is about power and control.  The abusive wife derives power from hitting and humiliating her husband; the husband stays because he loves her, and hopes that she will change. Same pathology, different gender.

So For Now…

Here is an interesting article from the Huffington Post about the states in the US where women are most likely to die at the hands of men by domestic violence.  Sadly, African American women die at a rate of 2.5x that of their White counterparts; and if the abuser has access to a gun, the woman is eight times more likely to be killed.  Read the details here.

I hope you will find this series informative and thought provoking. As you will see, domestic violence does not discriminate. It affects relationships rich and poor, straight and gay, of all ethnic groups.

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As always, I welcome your feedback!

M.