Tag: Melba V. Pearson

Happy Holidays!!

On By Melba V. PearsonIn Legal News2 Comments

And just like that, 2023 has come to an end! It has been a nonstop year, and I look forward to getting some R&R this holiday season. But before I do, here are some quick updates!

Congratulations to Tanya Bhatt, who has been elected to the Miami Beach City Commission. She is someone I supported during her race, and I look forward to seeing great things from her in the coming year.

I was honored to provide input on the ongoing battle to get recreational cannabis on the ballot in Florida. The Miami New Times quoted me in a two-part series, that you can read here and here. I also weighed in on an awful case of police brutality for the Knoxville News Sentinel, which thankfully ended well under the circumstances. Lastly, with two high-profile rappers on trial in Atlanta and Broward County, I chatted with the Miami Herald about the use of hip-hop lyrics by prosecutors as evidence of wrongdoing. It’s a slippery slope since the lyrics may have been written way before any crimes may have occurred, and artists often brag about things they have no involvement in (often encouraged by studio bosses because it sells records).

Graphic with photo of Melba and text "If you want to go fast, go alone; if you want to go far, go together" African Proverb
Quote of the Month!

On the work front, our team at the Prosecutorial Performance Indicators at Florida International University has been doing a great deal of work in Maryland, with our work being featured in Maryland Matters. Using data for transparency in prosecution shouldn’t be feared by offices, it should be embraced!

ICYMI

Check out my recent appearance on CourtTV discussing the Young Thug case among others; I also weighed in on the Jonathan Majors and P. Diddy cases.

I had a wonderful #MondaysWithMelba with MaryKay, the owner of Your Alpaca Cottage! We managed to blend our love of animals and social justice.

Are you on TikTok? If so, see my recent video on the importance of supporting survivors of sexual assault and domestic violence in the wake of multiple allegations against P. Diddy.

Had a fun time with Erik Fleming on his podcast, along with Dr. Tracy Pearson (ironically, no relation!).

Panel discussion hosted by Lexis Nexis on the changing legal landscape in Florida

Call To Action:

We are soooo close to getting abortion access on the ballot in Florida, but we need more signatures — especially in Broward, Orlando, Osceola, Tampa, and Polk County. Ohio is proof of concept that this can happen, and the polling is consistent — the majority of Floridians (despite who they may vote for) support access to safe abortions. Keep in mind that what happened to a woman in Texas can — and has happened — in Florida. If you have not signed, please do so here.

You may recall the horrible case of AJ Owens, who was killed in front of her children by her racist neighbor. There is a collection and toy list to help them during this holiday season, so please join me in giving them a little joy during the first holidays without their mom.

Enjoying a great Art Basel exhibit on the Harlem Renaissance with fellow members of the
Miami Beach Black Affairs Advisory Committee

Candidates I’m Watching:

End-of-year giving is not just for charities — it’s for candidates too! The last quarter push is critical. Here are some folks to support locally for their elections in 2024:

Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for the 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!

Lucia Baez – Geller — Lucia served us so well on the School Board that she became a target for extremists who want to ban books in a willy-nilly fashion. She is now running for Congress, taking on an incumbent who voted to keep George Santos in Congress among other awful votes. She’s a public school teacher, a daughter of immigrants, and frankly, a breath of fresh air.

Monique Worrell — She is still fighting despite being wrongfully removed by the Florida Governor. She had her hearing in front of the Florida Supreme Court and is awaiting a decision regarding reinstatement. Regardless of the outcome, she is running for her second term as State Attorney in the Orlando area. The people should decide who serves in elected office, not anyone else.

Thank you for all of your support, comments, and emails this year. I’m doing a digital detox until January to reset for what we know will be an intense year in politics! Wishing each of you the happiest of holidays, and best wishes for the New Year.

In Solidarity,

M.

Happy Holidays from the Diva and the Cowboy!

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.

The Trouble With Being Young, Missing & Black

On By Melba V. PearsonIn Legal News1 Comment

This story originally appeared in the Miami Times on October 12. Check out my thoughts!

Everyone has heard the tragic story of Gabby Petito. It captivated headlines and news reports for weeks on end, chronicling the search, the desperate pleas from her family and the eventual discovery of her remains. Televisions and every portable device blasted her picture. As one can imagine, this led to an outpouring of tips that led law enforcement to where Gabby was eventually found.

During that same time, two other young people went missing and two other families were searching for their loved ones. Miya Marcano (Florida) and Jelani “JJ” Day (Illinois) were both young people of color. They were both students. They had their futures ahead of them, were bright and loved by their families. Yet their stories did not get the same traction or attention.

Why does this happen? First, it has to do with the respect for Black lives in this country. Unfortunately, biases remain when it comes to law enforcement as well as those who are decision-makers in newsrooms.

When it comes to the media, these cases really underscore the importance of having people of color in positions of power in newsrooms, editorial boards and anywhere news is being made. Many times, a story will hit someone to the core, because they identify with the people involved. Unfortunately, if newsrooms are predominately white, the stories that will resonate would be ones that remind them of their cousin, sister, brother or another loved one – people who will likely look like them. By default, Black stories get left out of the mix. If there are more reporters of color, then stories that resonate with people of color will also rise to the forefront, along with cultural sensitivity in the storytelling.

The other issue is law enforcement. This is not to say that police deliberately look at someone and say “This is a person of color, therefore we are not going to look for them.” However, due to biases based in stereotypes, there can be a belief that the person was a runaway even though they had no prior history of doing so. They could feel that since the missing person was battling addiction, or engaged in sex work or other risky lifestyles, they are not worthy of the same amount of attention and resources as someone who is a soccer mom. And that issue of not relating in the same way to a missing person of a different race, while not necessarily intentional, comes into play as an unconscious bias. This is why diversity in law enforcement is incredibly important as well.

For instance, it has come to light that in the initial stages of Miya Marcano being reported as missing, a responding deputy laughed and stated “this is not a high-priority case.” His statement shows not only a lack of sensitivity, but reveals the deeper issues that delayed Miya being found sooner. In the case of Jelani Day, the FBI only recently got involved after a month of him being missing. The family is upset that this is being approached as a suicide rather than as potential foul play. While more has yet to be revealed around his cause of death, his family is adamant that Jelani was in good spirits and showed no signs of distress.

Lastly, there is the issue of shifting blame to the victim. While there is an outpouring of sensitivity around Gabby staying in an abusive relationship, and people trying to figure out when the signs were missed or if earlier intervention could have saved her life, reporting around Miya has much to do with her rejecting the advances of a local man. The local man, who did maintenance for her apartment building, committed suicide and remains a person of interest in her death.

The fact that the focus is on her saying “no” rather than him stalking her, refusing to respect her wishes, breaking into her home and eventually (allegedly) killing her, is problematic. Shifting the focus away from his actions is giving a potential killer a pass, and also furthering the narrative that women do not get the right to say no. Their bodies, who they engage with, and how and when, is not within their control. This is not the lesson we want our young people to learn. We must also teach our kids that no means no. If someone tells you no, accept it for what it is and move on. Don’t be afraid to say no to anyone. No should never cost you your life.

Moving forward, it is incredibly important for all of us to support diverse news sources, as well as support organizations like NABJ & NAHJ to ensure that writers of color can thrive, and rise to the ranks in order to be in decision making positions. We need to follow, support and share the stories that are written by diverse authors, again, so that with the increase in their readership, their ability to be heard in rooms where decisions are made also increase.

Diversity in law enforcement continues to be a major issue that touches so many aspects of criminal justice. We need to continue that fight and support those who are looking to change the profession by eliminating bias.

Lastly, we must empower our young people to say no, accept no, and protect each other as much as possible.

Tips for Summer Travel with Elderly Family

On By Melba V. PearsonIn Good Vibes, Pop LifeLeave a comment
Photo by Dimitri Dim on Pexels.com

Summer is underway as well as revenge travel season. Now that some COVID19 restrictions are being lifted due to increased vaccinations, you may be planning to take that long awaited trip that may have been delayed. Here are some tips for traveling with elder family members or folks with disabilities.

Pack your patience. No matter how you try, things don’t go according to plan. Everything will take much longer than you think — from getting to and from the airport, getting around or receiving services. Your loved one may get frustrated as well. So take deep breaths and allow yourself plenty of time.

Be realistic. You may remember your loved one as younger and more vibrant. Mobility changes over time, which can be hard for both you and your loved one. They want to be able to do more but can’t; you may possibly have expected them to do more than they can. For instance, if you normally have short visits with your loved one, and they are fine walking around the house, that is a far cry from having to walk long distances at the airport dragging a rolling suitcase. Also, with the pandemic, folks have physically been less active — even us as younger people! So bring your patience, plan, and think through the best way to get from points A to B.

Direct flights can be better. If at all possible, try to get a direct flight to your destination. It allows your loved one to get settled once, and you don’t have to worry about a delay causing a logistical nightmare with missed connections. We’ve seen how some airlines have cancelled flights at the last minute. A direct flight can prevent that dreaded sprint in between terminals with someone who is not as mobile. There are the carts that drive through the airport, but multiple stops for other passengers may also slow down the process.

Get a wheelchair at booking. Every airline allows you to book wheelchair assistance when you purchase your flight. But I have to share a cautionary tale. On a recent trip with my elderly dad for a funeral, my husband and I booked a wheelchair through American Airlines. We arrived at Miami International Airport two hours before the flight, and went to the designated area run by Envoy who handles the wheelchairs there. The lady at the desk informed us that we would have to sit and wait for 45 minutes. This is even before going through TSA and the long trek to the departure gate. When I expressed my shock, she pointed to an older lady who was sitting with her head in her hands looking defeated “well, her flight boards in 5 minutes” with a shrug. Not wanting to take the chance, we ended up walking very slowly with my dad to the gate, which was very physically draining for him. We were blessed that although he had limited mobility, he could walk — but what about those for whom that is completely out of the question? The absolute reverse was true when we left Jamaica (a place that some disparage as a “3rd world country”). The level of care and attention we received was outstanding. So with this experience, I would suggest calling the airport to see what the wait times are for wheelchairs. Consider purchasing a lower cost wheelchair for travel if you are able, so that you can get your loved one to the destination with limited aggravation.

Pack very light or check luggage. Between dealing with wheelchairs, seating and other logistics, dragging a bag behind you is another drama that may end up being a lot. Use curbside check in if possible, or wear a backpack so that your hands remain free for whatever is needed.

Wear comfy shoes. This is not the time to be cute when you have to sprint ahead and head off random travel disasters. Trust me.

Empty your loved one’s pockets. The side eye you get for holding up the TSA line is never fun. Don’t be that group if at all possible. Even after asking your loved one “are your pockets empty?”, search all of their pockets. Inevitably, you will find change, a phone, eyeglasses or something. It took about three trips before I realized I must handle that aspect.

While there are logistical considerations, the benefit of travelling for family gatherings, vacations or just to spend time together far outweighs the irritations that can be involved. Plan ahead, use these tips, and have a great summer! If you have other tips, please share in the comments!

This story originally appeared in Medium – check it out and send some claps if you are a member!

Does The Florida Supreme Court Hate Diversity?

On By Melba V. PearsonIn Legal NewsLeave a comment

Last month, without any prompting from a pending case or matter, the Florida Supreme Court sua sponte ruled that the Florida Bar can no longer issue continuing legal education credits to any entity that requires diversity in selecting speakers.

At a time when our country is at a crossroads on racial issues—enduring the long painful trial of Derek Chauvin for the brutal murder of George Floyd, a summer of unrest due to his and the deaths of Breonna Taylor as well as Ahmaud Arbery, a huge rise in AAPI hate attacks, anti-Semitic attacks increasing by 40% in our state, and Charlottesville not far in our rearview mirror —it is incredibly irresponsible and concerning to take this approach.

If a CLE addressed Asian hate, and the sponsoring entity required at least one Asian speaker, the session would not see credit. Is the Florida Supreme Court saying that only white men can opine on anti-Asian hate? Or racism? Further marginalizing voices who can share lived experiences that can educate others makes our profession weaker. It goes back to days gone by when only white voices mattered or were heard in any discussion.

It’s 2021. Gone were the days that you do not find diverse attorneys—women, various races and ethnicities, LGBT+—locked out of various areas of practice. Seeing experts that are different than you broadens your horizons, and helps attack implicit bias. The Supreme Court, ironically, highlighted the importance of diversity and eradicating implicit bias—yet attacked the very means to be able to accomplish diversity by using a misguided application of the Regents of University of California v. Bakke, 438 U.S. 265, 307 (1978). Their basis—that requiring diverse speakers equates to an unconstitutional quota—blatantly ignores the fact that while people may have good intentions, guidelines are needed to ensure diversity. By saying “at least one speaker should be a member of a group based upon race, ethnicity, gender, sexual orientation, gender identity, disability and multiculturalism” does not act to the detriment of any other group.

Sadly, several of the Supreme Court justices were appointed by this governor, who has made it clear he is hostile to communities of color. From his comments disrespecting the jury’s verdict in the Chauvin case, to signing an unnecessary and regressive anti-protest bill that attacks free speech, to stripping access to the ballot box, and unevenly distributing the vaccine to the point that 100% of wealthy white people are vaccinated in this state as opposed to only 31% of Black residents, his intentions have been clear as day. Lastly, he recently signed a bill demanding all university professors to fill out regular surveys to determine their political beliefs, and empowers students to secretly record their professors for daring to opine differently than the conservative status quo.

The judiciary is supposed to be independent, not following lock step with the governor’s war against social media and any opinion that is not conservative. The goal of having a diverse panel is to ensure diversity of ideas—conservative, progressive and independent. It is to raise awareness around a particular topic, which makes us better lawyers and people.

This ruling will have wide consequences. Several organizations are discussing no longer hosting events in Florida, which will cause attorneys to have to travel longer and further to get quality content while depriving our economy. Locally, as bar associations grapple with engaging and retaining members, if they are barred from presenting quality programs with diverse speakers, it will only further harm their finances and relevance.

Requiring diversity is the furthest thing from discrimination. This is still in the comment period—if you believe that having a variety of speakers uplifts our profession, please contact the Supreme Court and tell them to rescind this misguided rule. If it does stay intact, I hope that organizations will continue to practice bringing diverse speakers. It is unfortunate that those with oaths and responsibilities continue to make Florida the laughingstock of the country. Those of us who truly care about diversity—with more than words, but with actual deeds—will continue to push forward.

This piece originally ran in the Daily Business Review. You may see the order from the Florida Supreme Court here.