First mistake

I’ve been gone for a minute, but now I’m back. At least with this post.

I know we’ve probably all heard and read enough about the Trayvon Martin/George Zimmerman case, but I feel I must say something.

The prosecution was selected and hired by the governor. Is it just me that feels herein lies the first issue? With a state like Florida and a government as it is, with its biases and all, how could Trayvon Martin have a fair trial when the government (who continuously fails minorities) selected the representation?

Initially when I heard the verdict I was shocked, but at the same time, not surprised. The law is inherently biased as well as how jurors interpret the law and all its nuances. As my anger subsided, I thought more about the comments of the prosecution during the press statement following the verdict. The lady (forgive me I do not have her name) was first to speak and her words only incited rage within me. She seemed too complacent with the result. The gentleman lawyer, I was happy, showed emotion and spoke of this as a tragedy. The lady’s complacency made me think. Was this the verdict she hoped for? Why wasn’t the prosecution more focused on the events leading up to the altercation detailing how a young individual, who was being tailed, felt threatened by being followed by an adult? For me, this was the key – the ticket to justification of his violent actions toward GZ. Wouldn’t you react in a similar fashion?

I am walking on a dark rainy night, hood up, realizing I am being followed. For blocks. I believe I have evaded the perp, but no – he reappears. My emotions are all over the place. Why am I being followed – I only went to the store. I am tapped on the shoulder (tho this wasn’t the case let’s imagine this as the initial gesture by GZ) I turn around and on reflex, punch the person dead in the face. He falls, I get on top in a ground and pound stance. I felt my life threatened as I am followed while walking home carelessly from a quick run to the store. I acted in defense of my life. I am shot, in the chest at point blank range and die on that cold rainy night.

My act of violence brought my death – or so defense lawyers for GZ would have you believe. I should not have acted in a violent manner. GZ would not have felt threatened. I would have lived. (or would I?)

The first mistake by the prosecution was failing to prove Trayvon reacted (first, second, third -does not matter) in defense of himself. Defense of being followed and not knowing the outcome. An outcome unknown because black men in America have been shot and killed without cause and with no justice. (Sean Bell – does that ring a bell??? just to name ONE).

nojustmythoughts

Not surprised…

I am not surprised when I read an article about the negative conduct of courts. I am not surprised when I learn about another conviction overturned. I am not surprised when that conviction took 10+ or even 20+ years to get overturned. I am not surprised.

I am not surprised to learn that people are “paid off” by lower sentencing or even absolution of their records for testimony. I am not surprised people take these deals for their own benefit, knowing damn well they are hurting someone undeserving of their wrath.

I am not surprised that the character of these witnesses were never challenged by defense attorneys. I am not surprised when the jury “of peers” convicts based on weak evidence and weaker testimony.

I am not surprised that most of the times it happens to minorities from poor communities who couldn’t afford a lawyer that actually gave a shit. I am not surprised their lawyer didn’t give a shit. Not to defend the corruption, but even in the most astute and caring lawyers – it’s hard to give a shit when you’re a legal aid paid by the state and have 100+ active case.

I am not surprised there isn’t more awareness of the injustices of the system.

I am not surprised,
notjustmythoughts

Article the spurred this brief writing:

Trump Up

A search on dictionary.com for “trumping up” leads to the definition: to devise deceitfully or dishonestly, as an accusation; fabricate. Now try a Google search for “to trump someone.” yourdictionary.com leads you to: get the better of someone through a hidden source. Vocabulary.com says, “is to outrank or defeat someone, or something, often in a highly public way.”

I give you these 3 definitions as a prelude to my story. Before I give you the story however, I would like you to think about, why would you “trump up” someone or something? This is a true story, of a good friend of mine, but to respect him and give some kind of anonymity I will call him Mr. South. He’s from the south, but moved to New York partly to get away from the life he was heading toward.

South is about 26. He moved to New York a few years ago. He was working nights full time at a well known store in Manhattan. He was well liked, went to school, and lived on his own in room he rented. His managers liked him, he never caused or got into any trouble. In fact, he was promoted during the time he worked there. In school, he did well. He liked architecture and went to City College of New York not far from his home. He was receiving financial aid in order to afford school. He liked it. He felt good about it – about himself. He’d left “that life” behind. He still went back home from time to time; he has family there, friends.

I genuinely like South. He’s a good guy. His past does not make him, but rather shaped the man he was becoming – the man he wanted to be. The man he will be. The past is always with you, a part of you, and helped you either positively or negatively become who you stand to be in your future. For South, it was proving positive. Back home he had gotten into trouble when he was younger, gun charge, two gun charges, and a [short] time in jail for it. That’s why he wanted something different. That’s why he moved. He’d seen people close to him fall to a fate he did not want for himself – death and prison.

His future is on pause.

South is currently in Manhattan’s Detention Center (MDC). What happened right? I just finished telling you he was a good guy telling you that he was someone who was on the road to positive things, better things than the MDC. South is currently being held on a 20K cash bond – not that 10% bail bondsman kind of deal. It will cost $20,000 for him to see and breathe day light – aside from the rooftop of the MDC.

I couldn’t believe it. Why was South there? I conjured up all these ideas in my head. None of them seemed believable. I knew him. I thought at least. It just didn’t make sense, it didn’t add up. South’s most serious charge is 1st degree felony robbery. Did you check what that means? Queensdefense.com says, “robbery in the First Degree is a class B violent felony in New York. This is the most serious form of robbery and it carries a 25 year maximum prison term upon conviction and a five year mandatory minimum for someone with no criminal record.” South has a previous record, a gun charge. He didn’t hurt someone with the gun. He had it on his person and was caught with it. It was not licensed to him. The fact that he did not hurt someone does not make having a gun illegally okay. I do not condone the use of guns for any means, except hunting [animals], but I digress. South could face 25 years if convicted of this charge. What the deck did he do!

I went to see him – myself and a friend he also knows. The experience was a bit surreal. We went with no belongings except for our ID, money, and a Metro Card. We walked through a metal detector upon entering the front. We dropped our money, ID, and Metro Card in a bin similar to those at the airport. We were still search. We turned our pockets inside out and showed we had nothing. I guess somehow the lack of belongings seemed strange. We got to bypass the next line. We didn’t have any bags. We gave our names, our ID, or finger prints, and the arrest # of the person we were going to see. He’s a number now, even though his name is listed alongside those numbers when they pull him up in the system. If you’re going to treat people like cattle, you’ve got to dehumanize them first – tagged and numbered just like cattle. We went through another door. Walked through a metal detector, dropped our things in another bin, took off all our jewelry, our piercings, everything, and were told to wear this huge (and hideous) lime green shirts. I love loud colors, but even these were too much to bare. We waited for our names to be called. We hadn’t told South we were coming. Would he accept the visit? I didn’t know, after all I couldn’t even believe we were there to see him. I looked around the room. It was black, brown, and that hideous green, not the walls, the people. I thought to myself, damn, not even one person closely resembling white. We were called. Went through this capsule like door with no shoes on. (What was on this floor?) and got extensively search. Our bras were checked, the soles of our feet, the insoles of our shoes, the bottoms of them, the lining of our underwear, pockets (again), damn near every inch of us was checked. We got in sat down – in two chairs they had to connect for us (because some how our chairs connecting make a difference) and finally South came down. He wore a jump suit and slippers. He said that was what he wore for “work”. He worked in the visiting area. We were his first and only visitors in the three months he had been there. I was glad I came. He had gained some weight. It looked good on him, though – I wish high caloric jail food wasn’t the source of it. We made a little small talk before I asked, “so what happened?!” “I knew that was coming” South said. Of course we were going to ask him. We didn’t go through the cattle treatment to NOT ask. He told us. South had loaned some guy some money. He dipped and dodged him for months. South counted it as an L (a loss) until he saw him months later. South approached him, beat him up, and took his phone. About 5 blocks later cops ran up on him as he was going to the train station – guns drawn like he just killed someone. Someone (or the guy) called the cops. South had the guys phone, so they knew it was him, and he was taken in. South didn’t use a weapon, He didn’t beat him up to a pulp. He didn’t die, break anything, go into a coma, nothing major. Most people would just say, the dude got was coming to him. If anything it was larceny since the phone was (technically) worth over $600.

WHAT?! Are you thinking what I was thinking? 1st Degree Felony Robbery for an iPhone and a little beat down the guy deserved. He owed his debt and South found his payment that day. That’s how it should’ve gone, but instead South is still in the MDC. He’s been there since July. South lost his job, his apartment, and his education. He sees it as a set back. He still plans to move on with his life positively after this, but if he’s charge with a felony – there goes his chance for federal financial aid. Felons aren’t award that kind of aid. You’re let out with the intention and good faith that you will be a positive contribution to society. How could you do that without a college education? We all know college is more than important when looking for a quality job.

He’s charged with a few lesser things, but they’ve trumped up the charges on him. Largely the reasoning behind trumping the charges is to implicate someone as well as painting a deceitful picture of the individual. The city is getting approximately $300 from him for every day he’s in there. That’s without the virtually free work they get from him in the visiting center. He gets paid a few cents an hour and people say slavery doesn’t exist. The slavery and the money the city is getting has to be justifiable. You can’t just make that kind of money off of someone  without justification. And so, South is charged with 1st degree felony robbery for the theft of an iPhone and a minor beat down the guy had coming to him anyway. It was his poor decision that lead him to the arrest. Yes, that I believe as does he. But being in the Manhattan Detention Center since mid-July, losing your job, your apartment, and a chance at losing your education for an iPhone – well you just couldn’t trump that story unless of course they’ve trumped your charges too.

notjustmythoughts

Dedicated to South and the many others (largely black and brown) that are cattled thru the system daily on trumped charges.

 

OF COURSE they wouldn’t

Have you read the news today – The NY Daily News, The NY Post, or The NY Times specifically? I ask because there is an article in each of these, which I’ve linked the Daily News article, (NY Daily News: http://www.nydailynews.com/new-york/brooklyn/ups-drivers-caught-delivering-30-pounds-marijuana-article-1.1138992) regarding 3 men who were arrested in a Marijuana bust. 30lbs of Marijuana to be exact. These men were all in their 50s. Other than their age and where they live characteristics of the men are not given. Therein lies my issue.

I have an issue with race not being noted in this article. Truthfully, I don’t really care what color or ethnic background a person is if they commit a crime. BUT the media LOVES to let us know when an individual is Black or Brown when they commit crimes – drug crimes or (and maybe especially) violent crimes. No where in this article is there a mention of race. Because of this my natural reaction is to assume they are not minorities. If they were, the article would read something like:

3 Black men were arrested in a cartel attempt of drug smuggling through celebrated shipping company UPS.

It’s just another way to downplay “their” presence in the drug game and criminal world while touting us as criminals and violent and prone to animalistic behaviors.

notjustmythoughts

Slavery Never Ended

The 13th Amendment, as we learn it in school, tells us that the amendment ended slavery in 1865. However, a quick Google search will tell you differently. What the 13th Amendment actually says is, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This quote is taken directly from the Library of Congress (loc.gov). Simply stated, only the penal system can impose slavery or involuntary servitude.

In 1871, a case was brought before the Virginia Supreme Court, Ruffin vs. Commonwealth, during which the court said, “He has, as a consequence of his crime, not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords to him. He is for the time being a slave of the State. He is civiliter mortus.” (Alexander, Michelle The New Jim Crow, pg 31)

Civiliter mortus means, civilly dead; one is considered naturally dead so far as his rights are concerned (lawdictionary.org).

I say this to you to inform, educate, and possibly incite you in a way that sparks positive change.

Long ago I believed that prisons were a solely a good thing. Now, as an adult, I don’t believe this to be true. There are positive aspects of jail, namely removing violent offenders from our streets. But for me, I see many more negatives. Rehabilitation of inmates is poor if in existence at all, which poses a HUGE problem for society when these “criminals” are led back onto our streets. I frame criminals with quotes because many people deemed criminals are mentally ill persons who have committed a crime. I don’t see these individuals as criminals. I see them as mentally ill people who have committed a crime. Even in the most heinous of crimes, locking a mentally ill person behind a cell, and often in solitary confinement, does them no justice. The public mental health system in place in our society fails individuals daily allowing for, in cases, crime to take place. I’ve digressed slightly. Aside from rehabilitation failures of our penal system in regards to mental health it fails to integrate someone back into society properly. In the most basic sense – financially. The most basic need in our society is money. Sure we can argue it is food, water, shelter, clothing, and safety, but in reality these things can be had with money. For an ex-convict this (money) is very important. Many states have disenfranchisement laws prohibiting felons from receiving public assistance while on probation or parole. Some states take it a step further prohibiting them for life. Without public assistance in housing, education, food, shelter, and thus safety money is needed. Many people leave prison with only fare home. But what does this really do for them? Nothing. You can get home, to where you once believed home to be, to find no one. And then what? I say this to say, most prisons have a prison labor force and inmates are making money. The DLC (Democratic Leadership Council), in August 2009, estimated the prison labor annual sales at $2.4 billion. In the same year there was a reported 2.3 million people in jail (dlc.org). Paul Wright, editor of Prison Legal News, dedicated to prisoners’ legal rights, in an interview breaks down the wages of prisoners. He says, “Well, the prisoners that work here in Washington doing institutional jobs are on average paid 42 cents an hour, and the maximum amount they can make is $55 a month, and the state takes a chunk of that. Then there are Class 2 industries — license plates, furniture, stuff like that — and those prisoners make a maximum of $1.10 an hour. This is the type of work that generally most prisoners can do or have access to. Then, most recently, there are the Class 3 industries, where prisoners work for private industry, and they are nominally paid the minimum wage. The reason I say nominal is they may be paid the minimum wage, but the state takes percentages of it for their so-called incarceration, for various other fines, and legal obligations and such, so the result is that they get paid maybe $1.50 – $2 an hour. And the key thing here is that the businesses are only in prison because they are getting huge amounts of taxpayer subsidies from the state government.” While Wright is speaking about Washington, I find it hard to believe that there is a great disparity between the states and thus assume this to be a pretty good figure to use as an average estimate. But with making money, and having incredulous fees and taxes withdrawn from your wages you are left with hardly nothing. Businesses are using cheap labor civiliter mortus.

And so as you think about this I say, and so slavery continues and the cycle resumes.

notjustmythoughts

http://www.loc.gov/rr/program/bib/ourdocs/13thamendment.html
http://www.dlc.org/ndol_ci.cfmkaid=108&subid=900003&contentid=255055
https://www.prisonlegalnews.org/(S(p3dnmy55zb1k3355ts53dzna))/displayNews.aspxnewsid=147&AspxAutoDetectCookieSupport=1

 

Rodney King

Rest In Peace Rodney King.

Through brutal tragedy you changed the world. Some people never have the pleasure to leave a legacy behind. You have. You changed our society in many ways. There are still great strides to be made, but you assisted in bringing so much to light. Thank you.

notjustmythoughts

Marissa Alexander

http://www.thegrio.com/news/marissa-alexander-sentenced-to-20-years-in-prison.php

Dang, she got 20 years. I can understand why they say she couldn’t use the Stand Your Ground Law as a defense (since she came back with the gun), but at the same time – she WAS scared for her life. She just escaped another assualt… an assualt that she’s endured numerous times before this one. Maybe while escaping danger, she finally had the gaul to show her husband I AM NOT AFRIAD. I WILL STAND UP TO YOU AND STAND MY GROUND. It was a warning shot, never intended to hurt/kill him. She was telling him, dude one more time and I will use this. It was a threat, to which she admits. BUT YET, she is charged with 20 years. The mandatory sentence is 10-20, she should’ve definitely gotten 10, done 5 and 5 parole/probation. SOMETHING less drastic. This is a bad precedent by the courts showing abused women: you don’t have power, you can’t stand your ground, you can’t stand up to your abuser, you must just suffer and bare.

I am sad for her, sad for all abused women, sad for this country.

Check out The Grio’s article.

notjustmythoughts

“Jungle Land”

I was really impressed with this article. It is a rebuttle to an article published by NY Time Magazine. There is a large focus on something near to my heart: structural racism. People say it doesn’t exist, but I tend to think those are the same people that benefit from it. Check it out…

Notjustmythoughts

http://www.blacknews.com/news/jenga_mwando_ninth_ward_new_orleans_jungleland101.shtml

Stand Your Ground?

Controversial law “Stand Your Ground” only works in your defense if you are NOT black. thegrio.com posted an article of the 10 most infamous stand your ground cases. The article (link below) could have been put together better, possibly linking longer more detailed articles about the cases. BUT what they did a good job at was showing pictures. I think this was important so that people reading the article can actually humanize the victims. And in this instance, the victim can also be the one sitting in jail. Take for example Marissa Alexander, she’s a woman and black – who after being attacked and threatened by her husband fired a WARNING SHOT (he was not hit) above his head faces 20 years behind bars. She claimed “Stand Your Ground” as defense and lost… A Spanish man, Greyston Garcia, claimed “Stand Your Ground” and won after stabbing a man to death for stealing his car stereo – he did not call 911 and sold all the stereos possessed by his victim (also Spanish). Garcia SHOULD be in jail. I mean the man is dead, after being stabbed to death. There should be a point when stabbing someone that you stop – before you’ve killed them.

Are the rulings in the Stand Your Ground cases racially driven? I am leading towards yes. Florida has a large Spanish presence, and from what I’ve heard and read,  light Spanish people in Miami run things. Garcia is from Miami. From the article it is unclear which part of Florida Alexander is from, but the key thing to remember is that she is black and DID NOT kill anyone. Yet she sits behind bars as Garcia walks free. I am not sure how a radio can equal a life. ALSO, when googling Garcia, he had a previous record. Alexander, as far as I could find, does not have a previous record. Although she was standing her ground, by trying to scare someone rather than kill them (which personally I would think is the better of the two, why does stand your ground mean you had to kill the person or you weren’t really scared enough? Maybe you were scared enough but you know you wouldn’t be able to live with the guilt of taking someone’s life – even if they may have “deserved” it).

Still, I am not 100% convinced it’s completely racially motived. I am leaning towards it, but I would need to research more of the cases before I could concretely say yes. With that said however, what is shocking to me is that there is no precedent set by the courts on what qualifies as Stand Your Ground. I mean, I am not sure how you can kill someone over a radio, but not be allowed to threaten with a warning shot someone who has beat you and threatened your life… It makes no sense. There is definitely some shadiness or bias going on here….

notjustmythoughts

article: http://www.thegrio.com/specials/trayvon-martin/10-most-infamous-stand-your-ground-cases.php

Restaurant Racism

“Dining While Black,” a recent article posted on the NY Daily News website, (link to article: http://www.nydailynews.com/life-style/eats/tableside-racism-a-real-study-shows-waitstaff-give-african-americans-poorer-service-article-1.1067157) discusses “table side racism.” What is “table side racism?” Well, simply it’s being racially stereotyped and restaurant servers acting on those stereotypes by providing poorer service to African-Americans. While the study was done on a small-scale (200 servers interviewed in 18 N.Carolina restaurants) broader insights can be garnered.

Mainly, I believe the broader insight is that RACISM EXISTS (daily)! So many times I have had debates with people and they say to me, racism isn’t prevalent except in the most extreme cases. I continually argue, racism is most prevalent in everyday life and it is only in the most extreme cases that other people notice it too. I am not African-American, but I am a young Hispanic woman. I have noticed (outside of a predominately Hispanic area) I get treated differently, at restaurants, on the street by random people, and in many of the situations the racism is like “table side racism” (being ignored, having to wait longer than everyone else, getting over looked, etc). And this isn’t only in WHITE areas. Which says something too. Perhaps another post as I would digress too far, but a lot has to do with stereotypes. Another insight, which is touched upon by Sarah Rusche Ph.D is that most people aren’t truthful about their racist actions or those of others since racism’s existence is taboo in society. The stats from the study are high enough (over 1/3 of the sample) has acted on racist stereotypes and provided poorer service to black patrons – so I could only imagine if this was done on a larger scale.

I wanted to bring this article to your attention, but mostly to the attention of all the non-believers. Racism has not gone anywhere – just from time to time it wears a little disguise.

notjustmythoughts