The System is Not Broken

I respect the decisions of the jurors in the Rittenhouse trial. The jury reached a verdict, but the process was flawed: the Judge was not impartial, which led in part to this outcome. He telegraphed from the onset, by way of his rulings, his racist statements about Asians, his inappropriate physical closeness to the defendant, and his conspicuous belief the defendant was innocent, We saw so many examples of actions by Judge Schroeder that communicated to the jury his support for the defendant, including having him in such a close proximity. This is highly unusual, and in 16 years as a prosecutor, I have NEVER seen this happen — it has certainly never happens with Black and Brown defendants. It raises issues of race, equality, and of judicial impartiality.

These not so subtle messages impact justice and verdicts. Judge Schroeder left any premise of impartiality at the courtroom door. 

That said, I see much deeper implications for the rule of law, race, equity, and justice in our country. Every day, defense attorneys nationwide fight to get their clients of color the same level of respect and dignity this defendant received in his trial. Prosecutors fight for  victims of color to be heard and respected. Kyle Rittenhouse blatantly benefitted from white privilege while many others in the system that are Black and Brown must overcome so much more just to be treated with a modicum of the decency they deserve, in a country that believes in the concept of “innocent until proven guilty.”

To me this case is just another example of systemic racism in our country. And it is a case that connects so many concerns —the murders of George Floyd, Ahmaud Arbery, Breonna Taylor, Elijah McCain, and the subsequent uprisings in the aftermath last summer. The procedural concerns impact, and further destroy,  the trust of some Americans in our criminal justice system. We are reminded of other cases in history including the violence the Freedom Riders, and others, faced during the first Civil Rights Movement in the 1950s and 1960s where perpetrators of violence were not held accountable. 

This case also raises issues surrounding who can, and cannot, exercise their First and Second Amendment rights. It infringes on the true use and meaning of “self defense,” and renews concerns regarding the application of ‘Stand Your Ground” as well as vigilantism. Perception is reality — and if people do not perceive the system to be fair, less people will report crimes, testify in trials, or respect the rule of law.

Judges are an elected to office. Schroeder is the longest-serving circuit judge in Wisconsin. He was first appointed in 1983 and has continuously won election since, often running unopposed. Free and fair elections are the backbone of democracy, and that includes having a choice of who sits on the bench.

I’ll conclude this message with a challenge: get involved in democracy in your community. Vote all the way down the ballot, without skipping judicial races and other less discussed races. Join or start a CourtWatch program to learn about your local judges. Help build a bench: get to know stakeholders in your community and recruit and encourage them to run for office. Get involved. Mobilize. Most importantly, whatever you do – do not sit quietly on the sidelines. Do not accept the status quo. Stay vigilant, never complacent..

 If you are neutral in situations of injustice, you have chosen the side of the oppressor.” — Archbishop Desmond Tutu

We stand in solidarity with those who are hurting today. I hope you will join me in the fight for our democracy, and to push forward equality for all in the legal system in this country.
 

Though we strobed
That we came in peace
He was already at war.
We have battled hard to be.
Nothing —
Nothing —
Can keep you safe.
Silence least of all.
Look alive, everyone.
May such a prayer,
A people,
A peace,
A promise,
Be outs.
Be right
& radiant
& real.
— Amanda Gorman

In solidarity & sadness,

M.

The Diva on the Sunday Roundtable: Guns, Activism & the NRA

Hi RLD Family!

I had the privilege of being on the Channel 10 South Florida Roundtable this past Sunday. We took on some tough issues surrounding the recent bill passed by the Florida legislature in response to the tragic school shooting in Parkland, Florida. While some aspects are good (increased funding for mental health), many have concerns as to how this will eventually affect students of color.

Check out the footage here and share your thoughts!!

M.

The Police Aren’t Coming?

The president of the Miami Dade County Police Benevolent Association made some interesting statements in response to Mayor Gimenez making deep cuts in the budget. He basically said to the community “arm yourselves, because we aren’t coming”.

My opinion? Completely irresponsible thing to say.

Yes, budget cuts are serious. It’s tough all around.

But to cause panic and tell the criminals “have at it” is contrary to “protect and serve”.

And PS if you DO get a gun, get trained, and don’t assume “Stand your ground” will work in your favor. Some say “it is better to be judged by 12 than carried by 6″….until you are doing LIFE under 10/20/Life.

A better option? Join your local Crimewatch. There isn’t one, create one. Get to know your neighbors and look out for them. Most importantly from my perspective — if you are a witness to a crime, don’t look the other way! Testify, cooperate with the process. If we can put these bad folks away for a long time, there are less bad folks to victimize you and your neighbors.

http://gunsnfreedom.com/0710-miami-dade-police-arm-yourselves-because-we-arent-coming/

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Ft. Hood: An Issue of Gun Control or Mental Health?

ft. hood

Please see my take on this tragedy, published on theLaw.tv yesterday.  Ft. Hood

This week, there was another shooting tragedy on the Ft. Hood military base. Ivan Lopez, an Iraq war veteran and Army specialist, shot three people to death, injuring sixteen, before turning the gun on himself. A military policewoman bravely confronted him, which brought his actions to an end.

Unfortunately, Ft. Hood has been struck by tragedy before. In 2009, thirteen people were shot and killed by Nidal Malik Hasan. The difference in the 2009 tragedy is that Hasan had a clear agenda. He had been self-radicalized and took a terrorist stance against the United States. He was given a life sentence for his actions.

In the present shooting, the Army verified that the Lopez was being treated for depression and anxiety, as well as being evaluated for post traumatic stress disorder (PTSD). Additionally, Lopez purchased the weapon used in the shooting several days before. He lawfully held a concealed weapons permit.

So the debate re-emerges. Is this another case of a mentally unstable person getting access to weapons? Are our veterans being properly treated for PTSD resulting from combat?

Keep in mind, the majority of people that suffer from PTSD, or any other type of mental illness, are not violent. Some key components of PTSD involve an inability to sleep, nightmares, flashbacks, and difficulty adjusting to civilian life outside of the combat zone. It appears that the Army was in the process of evaluating Lopez, and treating him accordingly. From what is currently known, it seems that the Army was in fact working with Lopez to address his mental health issues. What is not known is Lopez’s motivation for committing this horrible crime. The question will be if there were any warning signs that the shooter’s depression was turning violent and what, if anything, could have been done about it. The answer will hopefully be uncovered in the coming weeks.

The next inevitable issue is that of gun control. Many ask, “how could someone with mental health concerns be able to get a firearm?” This is a situation where the laws that are currently in place adequately addressed what was known at the time of purchase. When the shooter went to the gun shop, he was a current, serving member of the armed forces. He had not been officially declared to be mentally ill; there was no indication that he was suicidal or homicidal. There were no court orders against him, nor was he a convicted felon. If you look at his profile in a general sense, he is someone a gun store owner would have no hesitation in selling a firearm to. As such, he was lawfully able to purchase a firearm.

What is most troubling is that there is a policy at Ft. Hood forbidding firearms on the base. It is clear that this policy has not been enforced on two separate occasions. Unfortunately, Ft. Hood is a huge area, with 90,000 people. It may be physically impossible to search every person. The military is tasked with finding a solution.

At the end of the day, our vets have sacrificed so much, so that we can enjoy the liberties that we have as Americans. The biggest issue should be how can we help them? This is not a case of gun control going awry. It’s a case of human tragedy, with a reminder of how fragile the human mind can be.

This is an issue of caring for our veterans and making sure that those who suffer from mental illness have access to thorough care. And that is where our focus should be.

Melba Pearson is an attorney in Florida. Follow her on Twitter @ResLegalDiva.

Trayvon Martin Boys Panel at Ponce Middle School, Miami

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Trayvon Martin Boys Panel at Ponce Middle School, Miami

 

The second in a series of panels sponsored by the National Black Prosecutors Association (NBPA) aimed at educating young men of color was held at Ponce Middle School in Miami. Please click the link above for this article, showing professionals and law enforcement working together to help the young men in the community. We have three more panels coming in the next two weeks.

Follow me on Twitter @ResLegalDiva, or email me directly for more information.