Toxic Tribalism: Why Diverse Judges Are Needed More Than Ever

Toxic Tribalism: Why Diverse Judges Are Needed More Than Ever

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Judge Rosemarie Aquilina during sentencing. Photo credit: Scott Olson/Getty Images

Judge Rosemarie Aquilina drew headlines this week with her sentencing of former USA Gymnastics team doctor Larry Nassar.  All week long, we were riveted by the powerful victim impact statements made by young gymnasts as to the abuse they suffered at the hands of someone they trusted.  Testimony was given by Olympians, faces we recognized (such as Simone Biles and Aly Raisman) and some we didn’t. Irregardless, the pain was the same.

Each woman had the same story. They were young (starting at early teens), and they received a sexual violation rather than treatment by this doctor.

As she sentenced the disgraced doctor to 175 years in prison, Judge Aquilina made note of several aspects — the desire of the defendant to silence the women by asking the judge to stop the stream of victim impact statements; the large number of women who had come forward with similar tales of abuse; and Nassar’s unrepentant attitude. She read portions of a letter he sent, in which he laid blame upon the victims, the investigators, the prosecutor and the media.

Judge Aquilina made the statements to the effect of “I wouldn’t send my dog to you for treatment” and  “I’ve just signed your death warrant”.

There are some that claim her comments went over the line, and that she has taken this “too personally”.

One male judge stated that Nassar’s sentencing was “the most violative” sentencing proceeding he can recall.

Let’s look at the role of the judge. At sentencing, a judge may consider a wide variety of factors, such as how dangerous the defendant is, likelihood to re-offend, the facts of the underlying case, impact on the community, and remorse of the defendant.

The facts that came to light include that this doctor abused over 150 women during a time span of close to 30 years, with similar facts.  It is clear that he is likely to re-offend. The impact of this case is obvious — it has rocked the Olympic world, and shocked the public.  The president of the University of Michigan, where the doctor was employed, resigned in the wake of this case.

As for remorse — this defendant had none.  He exhibited signs of a classic abuser and manipulator, attempting to explain his actions away. See excerpts from the letter he sent Judge Aquilina below.

The judge stating that “she signed his death warrant” is a fact.  He will not live to see the end of his sentence.  Stating that “she would not send her dogs to him” for treatment? This, to me, was a direct response to his assertion that his actions were not molestation, but were some form of treatment.

To keep things in perspective, remember the reactions to the judge in the  Stanford rape case, and how a Montana judge thought that a girl could not be a victim because “she acted older than her age“.

In reading the derogatory comments from some men regarding this case, it appears that toxic tribalism and toxic masculinity continues to thrive.  These abuses happen, and continue to happen, as a result of some men believing that they are entitled to take liberties with whatever woman they choose.  It is the very essence of the #MeToo movement — from Anita Hill, to the women allegedly victimized by Bill Cosby, to the female employees at the Ford Motor Company.  The actual facts and abuse may change, but the pathology is the same.  It is rooted in power, entitlement, and a misguided belief that women do not deserve the same respect as men.

We must continue to vote for diversity in the judiciary. In doing so, you have judges who are keenly aware of the impact of their decisions, as well as the impact of a defendant on a particular underrepresented community.  This is not to say a male judge would not have reacted in the same way in this case; but this judge was able to acutely see the pain that these young women were showing in their statements.

It is time to put aside the theory of “us men have to stick together“, and shift to a “respect all equally” motto. In doing so, victims who were violated in the worst way possible will be supported.

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?

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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.

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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!