Tag: Melba Pearson

It’s October – But There’s No Slowing Down!

On By Melba V. PearsonIn Legal News, Pop LifeLeave a comment

My father has a saying that resonates more and more as I get older (along with many other “Jamaicanisms” since we love to speak in riddles, lol).

It’s not the moment that a leaf falls to the water bottom that it rots.

Practically, it’s accurate. A leaf doesn’t rot that fast, it takes time. But day by day, bit by bit, time and water break down the leaf.

The same applies to politics. One act is rarely in isolation; and multiple acts together can erode democracy, or can create a toxic environment for various communities. I’ve been very vocal about why it is important for history to be taught accurately, for the power of the voters to remain undiluted, and to push back against hate. The horrible events in Jacksonville, where three people were murdered at a Dollar General simply because of the color of their skin, lays this very bare. Florida is now home to 89 hate groups as per the Southern Poverty Law Center, including the Proud Boys and Nazis who have paraded in major streets in Orlando – including outside Disney World. The Florida governor’s policies that led to banning of books by Black/other authors of color, and discussions of the “benefits” of slavery chips away at the humanity of us all, allows hate groups to flourish due to feeling that they have a home, and results in people with hate in their hearts acting out in violent ways.

I also see this connected to the removal of 9th Judicial Circuit State Attorney Monique Worrell. The Florida governor ignored the will of more than 66% of the voters in the Orlando area who overwhelmingly voted for SA Worrell to be their elected prosecutor, and removed her from office. I did a TikTok breaking down why this is so problematic, along with an op-ed by my colleagues and I that appeared in the Miami Herald. And for those who say “but the people elected the governor” — they’re clearly missing the point of how democracy works. This isn’t a monarchy where everyone serves at the pleasure of the king. Elected officials should not be pulled out of office for political differences – this must only be if they are literally not doing their job. With crime on the decline in the Orlando area as shown by the data, clearly her method of prosecution is working. Check out the press conference where I spoke along with fellow Miami attorneys here. Despite the wrongful removal, SA Worrell is running for re-election while suing to get her job back. You can support her by donating to her campaign here and GoFundMe here.

Lastly, in another attack on the voters, the Florida Supreme Court asked the Florida Legislature to look into consolidating some of our 20 judicial circuits. I did a Mondays With Melba as to why that’s problematic – and in the public comments that have been given at townhalls around the state, NO ONE is speaking in favor of this from either party. It will make it harder for survivors of crime to access justice, as well as for every day people to resolve matters in court since it may close the courthouse closest to them. Let your voice be heard on this! The Judicial Circuit Assessment Committee will hold their next public hearing at 10:00 am (EDT) on Friday, October 13, 2023, in person at the George Edgecomb Courthouse, 800 E Twiggs St, Tampa, FL 33602, and virtually via Zoom. To attend participate virtually, you must register in advance by clicking here.

Nothing like having a front row seat to history – congrats to ACLU of Florida alum Judge Nancy Abudu on becoming the first Black woman to be appointed to the federal 11th Circuit of Appeals by President Joe Biden!! Wonderful to be reunited with my former co-workers for this amazing event.

ICYMI

See my #MondaysWithMelba with Moms for Libros — a dynamic duo pushing back on the extreme book bans in Miami!

Great to be back on the Sunday morning political roundtable on WPLG Channel 10 This Week in South Florida, where we talked about the Republican presidential debate, the Jacksonville shooting and other current events.

Very fun interview with the team at City Life Guru on my early days in Miami, my career path, and my favorite places to go when in town!

Enjoyed bringing my legal analysis to the brand new CourtTV show “Opening Statements“

In studio at Court TV!

Call To Action:

In addition to letting your voice be heard around the issues I mentioned above, be sure to check your vote by mail status! All vote by mail registrations in Florida were deleted from the system last December, so everyone must re-enroll! Some residents have elections coming up soon – for instance this November in Miami Beach, and a special election in South Dade. Click here to re-enroll if you haven’t already!

Tune in for a very educational and intense #MondaysWithMelba for Indigenous People’s Day on October 9 at 6pm! My guests are Mrs. Betty Osceola of the Miccosukee Tribe, and Chairman Robert Rosa of the United Confederation of Taino People. We talk about everything from environmental issues to respecting the remains of the Indigenous elders. Tune in via my Facebook Live, LinkedIn or YouTube pages; later in the week on my Instagram @resident_legal_diva and @melbaformiami.

#MondaysWithMelba honoring Indigenous People’s Day on Monday, October 9 at 6pm EST!

Candidates I’m Watching:

Andrea Jenkins — I was proud to co-host a fundraiser supporting her re-election campaign. She’s the first Black transgender woman to be elected to public office in the US, and she serves as the President of the Minneapolis City Council. The election is November 7.

Johnny Farias — On December 5, there’s a special election for the Florida House in South Dade, and I wholeheartedly support Johnny. He’s a Navy vet, an electrician with his own business, and a true man of the people.

Turning to the 2024 races:

Christopher Benjamin — It was an honor to co-host a fundraiser for him! I’ve known Rep. Benjamin for quite a while now, and he is a true public servant — attorney, state representative, and now, seeking the position of County Court Judge in Miami.

Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for Florida State Senate. His military service, as well as working on police misconduct in the City of Miami, gives him a fresh, balanced perspective that is sorely needed!

Marisol Zentano — Marisol is taking another shot at becoming Miami Dade’s Property Appraiser. She ran in 2020 with me, and did incredibly well with little name recognition plus a short runway to campaign. 2024 will be the year for her to win it!

Just celebrated my 50th birthday! Embracing this new chapter.

In Solidarity,

M.

Is It Really August Already? Time For a Recap!

On By Melba V. PearsonIn Legal NewsLeave a comment

Greetings Everyone!

It’s been a long time since the last newsletter — this is actually the first one for 2023! The end of 2022/first half of 2023 was hectic personally and professionally. My dad had a few health issues but is doing great now, thankfully.

2023 started calm, and quickly moved to fast and furious. I’ve become the Legal Redress chair for NAACP South Dade Branch to help with discrimination complaints in the south end of the county. My day job has me crisscrossing the country working with prosecutors offices on using data for transparency and community engagement. We have lots of exciting aspects that will come to fruition soon so stay tuned! It was great chatting with NPR in Wisconsin about the struggles prosecutor’s offices are facing in terms of hiring and retention.

Fun discussion on Black female sexuality in the context of Spike Lee’s classic film “She’s Gotta Have It”. Thank you Rebecca Friedman & the WPLH team for the invite! Carl Juste and I got deep..

But, back to politics. Legislative session was brutal in Florida, and the avalanche of bad bills began on Day 1. Abortion access was at the top of the list, with a 6 week abortion ban that became law. Last year, a 15 week abortion ban passed, but it is still held up in the courts due to multiple lawsuits. Why the legislature thought it was a good idea to push even further while the 15 week isn’t even settled law speaks to how it’s more about optics vs what is is legal/constitutional; multiple lawsuits continue to wind its way through the courts. But the consequences are already being felt. Please see the tragic story of Anya Cook who nearly lost her life due to complications with her pregnancy after being denied a medically necessary abortion.

Next on the list is an all out assault on education. HB 999 was a bill that is so long and broad — and incredibly vague, which will also lead to litigation. Some of the impacts of the new law include removing diversity, equity and inclusion programs from public universities; giving political appointees (university boards of trustees) more power over hiring and firing tenured professors (vs just the people who actually supervise them daily); and forbid diverse student groups intended to support students as they integrate into university life. This, along with a expansion of the law referred to as “Don’t Say Gay 2.0″, and the blatant attacks on drag shows, has gotten to a point of sheer lunacy. In positive news, one court has ruled the law affecting drag shows was unconstitutional. Florida Representative Ashley Gantt shared a great recap of what occurred this session. The fallout continues as a lax procedure under the guise of “anti-woke/anti – CRT” – which is not taught outside of the college and law school level – has arisen allowing just one parent to challenge a book at a school, and get it removed. This resulted in Amanda Gorman’s poem for the inauguration of President Biden, “The Hills We Climb”, being removed from a Miami school. This is sickening and harmful to our students.

Great graphic by artist Nadia Fisher — follow her on Instagram! Our voices matter, diverse books matter, don’t ban books!

The battle is being waged by students and faculty — I was really proud of the young people, especially from the LGBTQ+ community who have been raising their voices in Tallahassee to fight for health care, teaching of accurate history and prevent their erasure from discussions.

Protesting with friend/colleague Prof. Besiki Kutateladze and students at Florida International University against the anti education and anti LGBTQ+ bills this session.

As per usual, Spring break in South Beach devolved into chaos like clockwork on the 3rd weekend of March — like it does every year. Despite advocates, residents and party planners pitching effective ideas that could prevent the violence every year — every year, the Commission and the Mayor refuse to do anything, let things fall apart, then rely on a heavy police presence. As I said in interviews to CBS as well as on TikTok — this is preventable with planning. Don’t believe me? Ask the king of the party himself, Luther “Uncle Luke” Campbell” who submitted a detailed plan on how to address this — and it sat on a shelf.

Celebrating Pride with the Miami Beach Dems

In historic legal news, the former president has been indicted in New York and Florida. I commented on the reckless rhetoric that he uses which has resulted in death threats to District Attorney Alvin Bragg, Fulton County (Atlanta) District Attorney Fani Willis, and Attorney Leticia James for their investigations. What folks forget in Manhattan is that two prosecutors quit because they thought DA Bragg should have gotten an indictment sooner. DA Bragg took his time which is what you’re supposed to do – not rush to judgement. The Florida case regarding classified documents appears to be on a fast track – we will see what happens.

On July 1, permitless carry is now the law in Florida – and no side was particularly thrilled. Gun rights advocates see it as problematic due to reduced education requirements and a preference for open carry; gun control advocates see this as reckless and that it will lead to more deaths. To be clear, from a legal perspective, reasonable restrictions on our constitutional rights are permissible – just like how you can’t yell fire in a crowded theater despite the 1st Amendment right to free speech. So what’s a reasonable restriction that protects our kids and balances 2nd Amendment rights? Arming teachers isn’t it. We have a massive teacher shortfall in Florida, and this is not a marketing tool to recruit more teachers to come to Florida. We had assault weapon ban that expired under President Bush, and school shootings rose steadily since then using AR-15s. Is that the issue?

I just can’t accept throwing up our hands and saying “criminals will be criminals” – which I’ve heard from a number of people. If an elected official said that about any other crime, there’d be calls for removal. As a gun owner, a former prosecutor and a supporter of civil rights/liberties, I grapple with this answer. Please check out my #MondaysWithMelba with a Tooka Hart, a licensed firearm instructor and founder of Black Girls Shoot, and share your thoughts on this issue!

Providing legal commentary on the long & intense Alex Murdaugh murder trial

ICYMI:

#MondaysWithMelba is still going strong! You can tune in every Monday at 6pm via Facebook, YouTube, LinkedIn or wherever you get your podcasts. Recent episodes include:

  • The myriad of problematic education bills with educator and advocate Tanika Bennett.
  • Mahlia Linquist, Executive Director of LEAP for Ladies who works with women coming home from prison.
  • Author Liz Leiba shared her amazing book “I’m Not Yelling: A Black Woman’s Guide to Navigating the Workplace”.
  • Author and Advocate Cassandra McCray released “4393: From a Ride to His Will” about the story of Leroy “Plump” Rogers and his 30 year fight for freedom.
  • Former Senator Dwight Bullard shared the history of Juneteenth and why it is so important to our history as a country.
  • Immigration attorney Tremaine Hemans breaks down the new immigration law in Florida, the end of Title 42 and what this means for those seeking a new life in the United States.
  • My interview on CBS Miami on the importance of student loan forgiveness, especially in the retention of prosecutors.

You can also read my latest in the Miami Times on the Supreme Court’s gutting of affirmative action.

Proud to represent the Miami Beach Black Affairs Advisory Committee at the Miami Beach Commission meeting for a proclamation making June 28 Nelson Mandela Day, in honor of the day he visited our city in 1990, shortly after his release from prison.

Call to Action:

  • Read a banned book. There’s no such thing as too much knowledge. A great list is here.
  • Renew your vote by mail ballot — all VBM applications expired in December of 2022
  • Buy Liz Leiba’s book here and Cassandra McCray’s book here — all proceeds from Cassandra’s book will go towards retaining an attorney to assist in this case.
  • If you live in Florida, sign the petition to get abortion on the ballot! More than 60% of Floridians support abortion access; let’s have the voters dictate what is best for our community.
  • We have our own version of disgraced NY Member of Congress Rep. George Santos in Florida State Rep. Fabian Basabe. He has lied repeatedly, voted against our communities, and is currently being sued for sexual harassment by former staffers – including unwanted touching. Please sign the petition for him to resign the Florida House of Representatives and stop embarrassing himself.
  • Support the family of AJ Owens – She was a Black mother in Ocala who was murdered by her white neighbor after the neighbor subjected her kids to a racist tirade and threw roller skates at them. The defendant shot her through a closed front door, killing AJ in front of her 9 year old son, and is claiming stand your ground – despite AJ being clearly unarmed and ringing the doorbell. Please donate to the GoFundMe for her children, share awareness about the case, and stay in the loop on how to fight stand your ground laws.

Historic Virginia Key Beach,
Photo credit: Carl Juste/Miami Herald

In Solidarity,

M.

In case a reminder is needed…

The System is Not Broken

On By Melba V. PearsonIn Legal NewsLeave a comment

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.

Stepping into 2021!

On By Melba V. PearsonIn Good Vibes, Legal News4 Comments

Well, it’s finally here.

We’ve waited, we’ve prayed, we fought, we cried…and now, 2020 is in the history books, replaced by the blank slate of the new year.

It’s a strange feeling in some ways. For me, 2020 was very much a mixed bag. There are some parts that I couldn’t wait to have behind me – watching friends suffer with their health as a result of COVID19; lockdowns; and toxicity brought on by the political climate. At the same token, it was a year of breaking boundaries as well as new beginnings.

On the positive side, I’m thankful more than ever for my health. It’s something we should never take for granted. I was able to work remotely, which is a privilege many people did not have, placing them and their families at risk. Thank you to everyone that went out to work because they were essential; I stand in solidarity with those who were forced due to corporate greed.

George Floyd protest in Miami

2020 was definitely a year of pushing boundaries and taking on new challenges. The biggest challenge for me was running for the office of Miami Dade State Attorney. In the best of times, running for office is intense, back breaking work. I knew it was going to be hard, but there was no real way to know how hard until I was in it. You spend hours on the phone asking for donations; then more time is spent trying to maximize what you have raised in order to get your message out effectively. It became clear to me why many of those in government either come from wealth, or are beholden to special interests who financed their campaigns. It’s simply very difficult to do without financial support. Add on the layer of a global pandemic, where there is uncertainty around people’s financial future as well as the loss of the ability to connect in person at local events or door to door — now it’s uncharted waters.

With all of the hurdles, we managed to leverage social media to elevate the discussion of key issues confronting Miami and America at large in the criminal justice system. The murders of George Floyd, Breonna Taylor, Tony McDade and others encouraged national activism; but it also made people look in their own backyards to see what injustices may be occurring. The racial reckoning- painful as it was for me personally to watch people that look like me die for no reason – was a turning point in highlighting why change is needed locally and nationally.

With fellow activists at Women’s March Miami rally

Even though my bid was not successful- the jury is out as to whether I will do it again – it was such an honor to connect with people I never would have met otherwise. It also allowed me to thin out my contact list. Not everyone who says they are there for you really mean it. The lesson is one that is repeated often, but it is welcome in that it clears the path for new relationships to be forged. I am so grateful to everyone who donated, volunteered or assisted in some way. So many folks showed up and showed out – it was really appreciated!!! Special shout out to my beloved husband the Cowboy. His unconditional love and support made this possible.

Me and my Cowboy! Photo credit: LocShotz

Continuing on the topic of elections, I cannot wait to attend the swearing in ceremonies of Harold Pryor in Broward County (first African American man to be elected State Attorney in Florida), and Monique Worrell who will continue the legacy of Aramis Ayala as State Attorney in Orange/Osceola County. On a national level, the first African American female will be inaugurated as Vice President. The new presidential administration under Joe Biden will be not only a breath of fresh air, but very needed oxygen for us to rebuild as a country.

My new beginning came in September when I joined Florida International University as the Director of Policy and Programs for the Center for the Administration of Justice. My father always had a saying – “watch how you conduct yourself in the street because you never know who is watching”. The associate director of the Center had been watching my campaign and how I addressed the issues. He texted me on Election night when the results became final, and I began work a month later (after a much needed vacation!). It’s been great to work with prosecutors’ offices to show them how using data and alternative ways to measure success can bring more equity to our communities as well as our system. We are bringing on new offices this year, and will be expanding the work internationally. My greatest goal is to create several test sites as models of real community engagement between prosecutors and the people they serve.

So what is on deck for 2021?

There will be a lot more writing this year (yay!). I published a book on prosecutorial discretion last year; I’ll be continuing to promote it as part of the bigger dialogue as to what is next for the criminal justice system. I’m excited to be able to travel again internationally – for pleasure and for work – once the vaccine is widely available. There will be more work on a grassroots level around criminal justice – raising awareness and empowering people with the information they need to fight for change while holding those in power accountable. Make sure to tune in to Mondays With Melba every Monday at 6pm on Facebook Live. It is also posted later in the week on my Resident Legal Diva Instagram page.

Thank you for being a part of the RLD family. I wish each of you a healthy and prosperous New Year. Please let me know any topics you’d like for me to explore on the blog or via Facebook Live. Let’s make it a great year together!!

Image of Melba Pearson embracing joy on the waterfront
Happy New Year! Photo credit: LocShotz