Legal Divas of Color: Gwen S. Cherry

On February 20, 2014 By Melba V. PearsonIn Good Vibes, Legal News2 Comments

Legal Divas of Color: Gwen S. Cherry

Born in Miami, Florida in 1923, Gwen Sawyer Cherry was a trailblazer like no other. She earned three degrees between 1946 and 1965, while mothering two children. Her bachelor’s degree and law degree were from Florida A&M University; she also earned a master’s degree in science from New York University and studied at three other out-of-state universities. She later returned to FAMU to be a law professor.

Upon her graduation from law school, Ms. Cherry became Miami-Dade County’s first African American female attorney.

After careers as a teacher and a lawyer, Ms. Cherry was elected to the Florida House in 1970. Ms. Cherry was the first African-American woman elected to the Florida Legislature. While in office, she introduced the Equal Rights Amendment in 1972, chaired the state’s committee for International Woman’s Year in 1978, and co-authored Portraits in Color: the Lives of Colorful Negro Women with Pauline Willis and Ruby Thomas. Additionally, Ms. Cherry chaired the Minority Affairs Committee for the Democratic National Convention and the National Women’s Political Caucus in 1972 while serving as legal counsel for the National Organization for Women (NOW)’s Miami chapter.

Tragically, Ms. Cherry died in a Tallahassee car accident in 1979. In his eulogy, then Florida Governor Graham called Gwen Cherry ‘a champion for the rights of all people and a voice of reason and concern.’

At FAMU, a lecture hall was dedicated to Ms. Cherry for all of her hard work and dedication. There is a park in Miami that bears her name, as a testament to her work to benefit the youth.

In 2005, what was previously known as the National Bar Association Women Lawyers Division Dade County chapter was renamed Gwen S. Cherry Black Women Lawyers Association in her honor.

I am proud to serve on the Board of Directors for this organization.

Gwen S. Cherry, I thank you for being one of the ORIGINAL Legal Divas!!

Legal Divas of Color: Jane Bolin

On February 10, 2014February 10, 2014 By Melba V. PearsonIn Good Vibes, Legal News, Pop Life1 Comment

Jane Bolin was born in Poughkeepsie, NY on April 11, 1908. Her father was an attorney, and cared for young Jane after her mother died. A brilliant student, she graduated top of her class at Wellesley College, in spite of the challenges presented due to the racist views of her classmates and teachers. Imagine going to school, and everyone ignoring you, day after day; this is what Ms. Bolin had to overcome. She was discouraged from pursuing her goal of becoming an attorney, most notably by her college career counselor. Pushing on, Ms. Bolin became the first woman of color to receive a law degree from the very prestigious Yale Law School in 1931.

In her professional career, Ms. Bolin was the first African American to join the New York City Bar Association. She became the first African American assistant corporate counsel for New York City (New York Law Department). Her smarts and tenacity did not go unnoticed. Mayor Fiorello Laguardia called her to appear with him at the World’s Fair on July 22, 1939. The mayor gave her the biggest surprise of her career; he appointed her as a judge, making her the FIRST African American judge in the United States! She was 31 at the time of appointment.

Judge Bolin served in the Family court division until her mandatory retirement at age 70. She was reappointed three more times by three different mayors. She took on racist policies, and fought for the rights of children and parents of all races. Until her death in 2007, she served on a variety of boards, including the NAACP. She also worked with Eleanor Roosevelt on a holistic program aimed at reducing crime in the male juvenile population.

Judge Jane Bolin, I thank you for being the ORIGINAL Legal Diva

Is Getting Your Own Confession A Good Idea?

On January 27, 2014 By Melba V. PearsonIn Legal News2 Comments

Originally published on theLaw.tv on January 24, 2014 Getting Your Own Confession

A Los Angeles woman has grabbed headlines this week with her viral YouTube video confrontation. In this video, “Jamie X,” as she is calling herself, confronted her high school teacher, who allegedly molested her many years ago. Jamie says the abuse started when she was 12, going on for several years; she is now 28. One of the reasons that Jamie made the call at this point is because she discovered her alleged abuser is now an assistant principal. The YouTube clip shows Jamie calling the teacher on the phone, and asking why the teacher manipulated her and took advantage of her position. The female teacher responded by admitting to her actions, as well as saying that she “regrets” what she did.

The video is very emotionally charged, as well as tragic. But is the video going to be admissible in court? Should Jamie X have done this controversial act?

In most states, you are not allowed to video or tape record another person without their permission. There is an exception is for law enforcement personnel, who can do so with a warrant from a judge. Of course, getting a warrant is not that easy. The police officers have to set forth their case to the judge, showing probable cause, what crimes they hope to solve, and how the target of the surveillance is connected to those crimes. The reason behind this is to prevent an invasion of your privacy. In California, the law is very clear – you cannot tape a private conversation unless both parties to the conversation give permission.

In spite of the law, was it even a good idea? In all likelihood, the video will not come in as evidence at trial. But the video was helpful for several reasons. As a result, Jamie had evidence to present to the police to jump start an investigation. There is a very liberal statute of limitations on child abuse cases, since by the very nature of the crime, reporting is often delayed. Children are abused while they are young, and as they reach adulthood, they then realize that what happened to them was wrong. Sometimes molestation victims suppress the memories, which come back to them many years later. Manipulation is a big part of a child molester’s plan. At the point of adulthood, they have the strength to tell; they are better able to break the hold of the guilt and mind games of the abuser that held them hostage. However, with the delay comes a loss of evidence. This video gave police a starting point. Hopefully, if the teacher confesses once, she will confess again.

The other good part about the video is another victim has come forward as a result. While the teacher said on the video that Jamie X was the only victim, another young woman came out today, stating that she had an identical experience with this teacher. The revelation strengthens the case, and can possibly result in multiple charges of child abuse with multiple victims in the same case.

Is it the best idea to get your own confession? No. It is better to speak with local law enforcement and let them do a thorough investigation. You don’t want to taint any potential evidence from your actions, not to mention the possibility putting yourself at risk.

No matter what happens, hopefully Jamie is able to get the closure she so desperately needs.