Happy Holidays!!

On December 20, 2023 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,

*Happy Holidays from the Diva and the Cowboy!*

The Depths of Racial Profiling

On August 31, 2014August 31, 2014 By Melba V. PearsonIn Pop LifeLeave a comment

As the events in Ferguson continue to unfold, I am constantly reminded of the divide in the policing experiences of many Americans. The Pew Report came out with an interesting study regarding perceptions of the problems in Ferguson, and sadly, it went firmly along racial lines. White Americans thought justice will prevail; African Americans did not.

This gets to the heart of the issue. If you (or those around you) have negative experiences with police while growing up, you will never believe the system is fair.

Looking back, I can think of one such encounter. Growing up in a beautiful waterfront community in suburban New York, my father loved to take me to the park. He would play games with me, walk with me along the water, and listen to my little girl chatter. One day, a police vehicle drove by. The car returned, and began to slowly circle, watching us.

I, of course, was oblivious. It can be a joy to be young and naive.

My father, however, got the message.

The message wasn’t “oh how cute, look at this man and his little girl”

It was “YOU DON’T BELONG HERE“.

Rather than risk an unpleasant encounter, he cut our day short and took me home.

Maybe I didn’t mention it before — I grew up in a predominantly White community.

And another additional fact: my father never wore jeans or sneakers. To this day, he wears slacks, a polo or button down shirt, and a proper British hat, weather permitting. So this was not an issue of fashion, or fitting the description of a call regarding a criminal act.

This is an issue with no easy answers. I just encourage everyone not to assume, and LISTEN to what the deeper issues are.

Here is one man’s experience with profiling that really struck me. Even though he did everything society would expect, he was profiled as a student at Harvard. One quote from his article that struck me was that being racially profiled was a rite of passage as an African American into manhood, similar to a Jewish bar mitzvah. Read Madison Shockley’s article here.

Some Gave All….All Gave Some!

On May 26, 2014May 26, 2014 By Melba V. PearsonIn Good VibesLeave a comment

This Memorial Day, I dedicate this post to some great images I found of our Armed Forces. Since a picture is worth a thousand words, I will let them speak…but not before I share two great quotes:

“America’s fighting men and women sacrifice much to ensure that our great nation stays free. We owe a debt of gratitude to the soldiers that have paid the ultimate price for this cause, as well as for those who are blessed enough to return from the battlefield unscathed”.

-Allen Boyd.

Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty

– John F. Kennedy

At What Cost?

On April 20, 2014April 20, 2014 By Melba V. PearsonIn Legal News, Pop LifeLeave a comment

Everything has a price. It may not be monetary; it may be physical, it may be emotional. But everything has a price. Success has a price. Happiness has a price. Freedom has a price. The question is, how much is something worth, and more importantly…are you willing to pay?

So for the last time (for this season at least), I’m plucking another example from the show Scandal. The fictional president in the show, Fitz Grant, won a second term in office. It was a great accomplishment; but in the process, his son was killed, his marriage collapsed, and he was estranged from the woman he loved. Of course, the woman he loved was not his wife…the show IS called Scandal. But regardless, in this moment of victory, he had an emotional collapse. He fell to his knees in the Oval Office, and was overwhelmed by the extreme sacrifice it took to get there. And he was not happy.

So switching gears to the real world. As Americans, we enjoy certain freedoms. As we know from history, it came at a price. We have the freedom of expression. But that freedom sometimes results in a lack of civility. We are free to express agreement, disagreement, and even hate. I am reminded of the awful shooting in Overland, Kansas this past week. The perpetrator is a white supremacist. He will likely face the death penalty for the three murders he committed.

However, people are free to express their hate, as guaranteed by the First Amendment. As long as they are peaceful, this is a freedom that is guaranteed by our constitution. Although the majority of Americans are horrified by the fact such hateful people even exist, there is nothing that can directly be done unless a law is broken. We can ostracize extremists; law enforcement can keep a close eye on the activities of such groups just in case illegal activity is going on…but we can’t do anything more.

All we can do is educate our children that such beliefs are wrong.

This is a price we pay to have freedom of expression.

On another level, I look at those that work in the criminal justice system. The prosecutors, the public defenders and the police officers. They make the sacrifice on the daily basis so that the system keeps moving. They sacrifice high pay, sleep, and in some ways, a normal life. These are the people that spend time in the jails; these are the people who get out of bed at 3am to see death and its aftermath. For them, it is worth it so that justice can be achieved.

For me, as a prosecutor, I become reflective when posing this question. Public servants are not always respected; I have been vilified by folks who just don’t get what I do. It is also not the most financially lucrative path in life.

But, I have the freedom to try über interesting cases. I have the privilege of holding the hand of a grieving mother, and bringing her a measure of comfort by putting the perpetrator in prison for a long time. I am able to volunteer in my community, and follow my passion of helping the youth. I also get to write. So I (and others) sacrifice for the ability to be free, do justice, and hopefully make a difference.

Is it worth it?

I can tell you this. The day the answer is no, is the day you will see a drastic change in my life.

So I ask you…what is worth it to you?

What price are you willing to pay…and is the price you are currently paying too high?

Comments welcome!

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

On April 5, 2014 By Melba V. PearsonIn Legal NewsLeave a comment

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.