‘Round Midnight Classic Backspins: Jesse Powell’s simply “You” (You know who you are…)

“The way you walk, the way you talk
the way you say my name, your smile
the way you move me, the way you soothe me
the way you sleep softly through the night
every morning you rise and open your eyes
I just want to be there with you…” Jesse Powell’s “You” 

Justice deferred is likely justice denied for Troy Davis

Executing an innocent man is the very definition of murder. If there’s doubt, leave the needle out.

None of us know for sure the innocence or guilt of Troy Davis, a black man in Georgia convicted on dubious grounds of killing a white police officer in 1989. What we do know about this case, however, is extremely troubling; Time magazine has removed the emotion and succinctly placed the undeniable facts in our faces:

— 7: that’s how many of the nine original eyewitnesses have recanted their testimony against Davis.
— 0: the amount of physical evidence linking Davis to the crime (no fingerprints, no DNA, no weapon recovered).
— 3: the number of jurors who voted for death in the original trial who now believe their vote was a mistake.
— 22: the number of years the family of slain police officer Mark McPhail has had to wait for an answer to the question of whether or not Davis would die for the crime.

And if that’s not enough to make you think twice, how about this excerpt:

“A good man was killed, but even death penalty supporters, a number of whom have called for clemency in Davis’ case, would agree that death cases should be reserved for those with the most incontrovertible evidence. Even before witnesses started recanting and jurors started regretting, Davis’ case never met that standard.” – Time magazine

There’s a cruel irony here in light of the release of the West Memphis Three last month – three men convicted of brutally murdering three children, cub scouts no less. Incredibly, their release was predicated on Alford pleas, which means that while they still proclaim their innocence, they acknowledge that the evidence in a retrial would probably result in their being found guilty. There were serious doubts in the convictions of those three men as well but obviously the outcomes are starkly different. Many will quickly attempt to negate the race element in these cases, but it’s hard to deny when it’s staring you in the face.

Personally, I am a proponent of the death penalty – but only when there is guilt without a shadow of a doubt. In Mr. Davis’ case, the shadow has ballooned into a large, looming cloud over a justice system that would execute someone when the evidence clearly raises substantial doubt in reasonable minds.

With all of the appeals exhausted and pleas for consideration ignored, Mr. Davis’ body will most likely be on its way to a funeral home by evening tomorrow, September 21, 2011. But the serious concerns of this case will – and should – haunt us for years to come.

 

Earthquakes and Other Fault Lines: The Congressional Black Caucus finally begins to weigh in on the national dialogue on unemployment

“President Obama got 96 percent of [the black] vote but he isn’t dealing with our biggest problem—unemployment—which is more than twice that of whites,” Jackson told Colorlines.com in an emailed statement. “We seem to be, not in a win-win situation, but in a never-win position.” – Congressman Jessie Jackson, Jr.

I came across this story today on Colorlines.com, ‘Black Dems Breaking Silence on Obama—‘We’re Getting Tired, Y’all’, and I had to pause, because it’s blunt, it’s raw, and it’s real. And yes, it’s very much on point. No one can blame President Obama for all of the ills impacting any of our communities, but if you’re African American and looking at the lopsided plight of many of our friends, families, and loved ones, you can’t help but share the concerns duly noted in this article by Congresswoman Maxine Waters and others.  Food for thought…

Juvenile Justice Served? The Troubling Disparities in the Cases of Sara Kruzan and Daniel Kovarbasich

As an advocate for the welfare of children, I’ve gone over and over the juvenile murder cases of Sara Kruzan and Daniel Kovarbasich, trying to understand why one youth was crushed in the name of justice while the other was set free.

The similarities between the cases of this ‘boy’ and ‘girl’ are intriguing:

• A troubled 16 year old, female child-trafficking victim from a drug-involved, single-parent home kills her pimp/child rapist. The girl was an 11 year old, pre-pubescent child when she met the sexual predator who groomed her for his pleasure.
• A troubled 16 year old boy from a financially strapped, two-parent home kills his alleged molester, who also used gifts for manipulation and sexual favors. The boy was around the age of 13 when his molester began grooming him.

• Neither the boy nor the girl killed their alleged tormentor out of immediate fear of harm; rather, both killed through the eyes of a traumatized child trying to end years of unspeakable pain.

• Both the girl and the boy showed remorse for having taken the lives of the men alleged to have tormented them and stolen their childhoods.

• Both the girl and the boy were tried as adults in their respective states of California and Ohio.

But here’s where the stories diverge and raise serious concerns as to whether equity in justice is being served:

• In the girl’s case, judicial leniency was denied even though by the age of 16, she had been trafficked by two sexual predators, the second of which allegedly threatened to kill her and her mother if she hadn’t carried out his order and murdered the competing pimp.
• In the boy’s case, no evidence was presented at trial to demonstrate that his [physical] life was ever threatened by his alleged perpetrator.

• For her crime in 1994, the 16 year old urban girl was sentenced to life without possibility of parole.
• For his crime in 2010, the 16 year old suburban boy who was represented by a private team of attorneys received NO prison time – only five years’ probation.

• The girl has served 16 years and counting behind bars in an adult prison.
• The boy is free and will never serve a day behind bars for his crime. During sentencing consideration, the boy’s private attorney successfully argued, “He would be literally a boy among men. Prison is reserved for people with violent pasts, people who have been in a lot of trouble. That would be an unhealthy environment for Daniel.” Before she was trafficked, the girl was an honor student poised for great things in her life too.

Click here to read more about ‘the girl’ Sara Kruzan and hear her tell her own story here via YouTube.

Click here to read the details about ‘the boy’ Daniel Kovarbasich’s case on TruTV:

Meanwhile, the statement from Daniel’s attorney resonates very strongly, so it’s worth repeating: “He would be literally a boy among men. Prison is reserved for people with violent pasts, people who have been in a lot of trouble. That would be an unhealthy environment for Daniel.”

This argument was certainly true in Sara’s case as well, and it holds true for thousands of juvenile offenders sentenced to adult prisons for crimes they committed under-age. Yet this plea often falls on deaf ears when it comes to meting out justice for poor, urban youths. There are many “Sara Kruzan’s” around the country due to the lack of national standards for the sentencing of juveniles for similar crimes, a void that often results in the appearance of justice being determined by factors such as the race and/or socio-economic status of the accused. In California alone, “There are approximately 225 juveniles in California serving a life without parole sentence. California has the worst racial disparity rate in the nation for sentencing juveniles to life without parole. Black youth are given this sentence at 22 times the rate of white youth.” Source: YouthLaw.Org.

Many of us are thankful that former California Governor Arnold Schwarzenegger recently granted Sara Kruzan clemency by reducing – NOT commuting — her sentence from ‘life without the possibility of parole’ to ‘25 years to life with the possibility of parole’; but, it’s arguable whether we can truly claim real victory in this case until this human trafficking victim is free.

No one’s advocating for vigilante justice or a ‘pass’ for kids who kill without the presence of imminent danger or mitigating circumstances. But there is a reason our criminal justice system makes allowances for sentencing when the details of a crime aren’t ‘black and white’. The Federal government stepped in with the “Fair Sentencing Act of 2010” and changed national guidelines for sentencing in crimes involving cocaine; a “Fair Sentencing Act” is needed now for juvenile justice so that travesties like Sara’s case do not continue.

What Does Unemployment Look Like for People Like You? Well, That Depends.

They say that crisis often makes strange bedfellows, and tends to bring people together regardless of age-old factors that really don’t, and shouldn’t, matter at all. But, that adage isn’t proving true in the current job market. The lopsided disparity in those most likely to land work today — and those who won’t — can’t be ignored.

The lack of racial and ethnic diversity in many job sectors, particularly corporate America, was apparent well before the recession. But now, it’s pretty much across the board. In November 2009, the New York Times (NYT) published an article entitled, “Unemployment for People Like You,” which included an interactive indicator of unemployment by various criteria, including gender and race. For those of us who took the time to fill in criteria and view the results, the numbers are stunning especially for  black men.

The current study from the Center for American Progress (CAP) helps to provide insight into the current recession’s desparate affect on minorities.  More importantly, it renews the call for changes in social policy to help to restore some degree of equality and keep everyone ‘honest’ particularly in hiring practices. Another recent article in the NYT highlighted the exceptional difficulties faced by even well-educated blacks in finding work in today’s market. Even higher education, generally a key differentiator, does not seem to significantly help minorities in landing jobs. More to the point, the NYT article states, “Education, it seems, does not level the playing field — in fact, it appears to have made it more uneven.” CAP’s current study reiterates these points and others in greater depth. Unfortunately, not even the White House can do anything to change this pattern in a meaningful way. Change must come through revised public policy, and that will be an uphill battle in the rhetorical ‘post-racial America.’

Last Fall, the CAP also published a report about the inequality many minorities face in mortgage lending practices by key banks in the US.  Subprime lending negatively impacted – and continues to impact – thousands of Americans of all races across the board. But in reading CAP’s study, it’s clearly a matter of the ‘fox in the hen house’ when it comes to Blacks and Latinos:

Overall, 17.8 percent of white borrowers were given higher-priced mortgages when borrowing from large banks in 2006, yet 30.9 percent of Hispanics and a staggering 41.5 percent of African Americans got higher-priced mortgages. Only 11.5 percent of Asians got higher-priced mortgages.

Why do these things matter? Because in the big picture, it highlights the negative impact of institutionalized inequality and racism. I can’t help but wonder if the minorities who supported the decimation of Affirmative Action (AA) programs over the past twenty years feel the same today. One of the main slogans from the United Negro College Fund in the 1980′s used to be, “I’m not asking for a handout, just a hand,” and that’s the way most minorities view AA.  My ego won’t allow me to consider anything that is offered because the standards are lowered for me. However, I do want to at least compete on a level playing field. With the dismantling of AA policies, there’s very little incentive for many companies to maintain a commitment to racial and ethnic diversity in a meaningful manner. In fact, some have gone so far as to bastardize how ‘diversity’ in the workplace is even defined (e.g. ‘where you’ve lived’).

Needless, to say, everyone in America — regardless of race — has been impacted by the current recession, and this blog note is not meant to marginalize anyone’s pain in these challenging times. But for some – many of whom were already experiencing an economic recession long before it was labeled as such — things are much worse than for the general population.

Notes on Love…

“Someday after we have mastered the winds, the waves, the tides and gravity, we shall harness for God the energies of love. Then for the second time in the history of the world, man will have discovered fire.” – Pierre Teilhard de Chardin

Part II: “You’ve got to BELIEVE in something…” I believe you, Jamal Parris.

“His presence alone is seduction to a young man without a father,” said Parris. “You look at him, he’s everything you want to be. He’s everything you see and you dream to be.”  - Jamal Parris on his sexual coersion charges against Eddie Long

If the allegations against Eddie Long are true, this is the most damning part of what has been done to these young men. Those of us who work in child protection listen to Mr. Parris and know this story all too well.

And it rings all too true.

ps – this isn’t a ‘Black thing,’ it’s not a church thing, and it’s not a Gay thing. This is a humanitarian thing.

On Grief and Loss: My Millie – June 1995 – August 23, 2010

Someday, the words will come to me to write a post on what I’m feeling about the sudden death of my 15-year old Maine Coon cat, Millie, this week. Words like funny companion, ride or die kittie, best friend, etc., just don’t seem adequate. For now, there’s just heartbreak.

Seven Months Later, Haiti’s Survivors Still Live on “Penny Candy Hope”

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Haitian Family, July 2010 - LA Times

Most of the massive camera crews are gone from Haiti, leaving behind a land of broken people and broken families, along with significant amounts of devastation and rubble. On the other side, questions remain about the $billions pledged in donations that seem have vanished, leaving the Haitian people in a state of being that is far less than what it should be several months after the earthquake. Fractured as it may be, the spirit of the Haitian people remains strong and resilient as families continue to try to stay together and pray for hope against hope.  Click here to read more at the LA Times.

Hate-riotism and “Jim Crow Terrorism” as the Tea Party Movement Plays the Race Card

DW Griffith's "Birth of a Nation"

As word spreads that Sarah Palin is eager to sign up as the newest card-carrying member of the Tea Party movement, many Americans ponder the real purpose and intent of this homegrown, so-called nationalist organization.  With the mainstream media’s help, the Tea Party constantly screams for legitimacy. But actions and words are telling, as clearly evident in Tea Party members’ hurling of homophobic and racist epithets at Democratic lawmakers over the weekend. A few courageous news outlets have posted the truth – that this weekend’s display of intolerance and bigotry over Health Care Reform was not an isolated incident within this ‘movement’. If the Tea Party’s ‘leaders’ really do not condone this rhetoric, then they need to be clear and firm – in and out of the spotlight. The Nation has perfectly summed up what many of us have been thinking about this group whose primary purpose appears not to be in the best interests of the country, but rather in hate and separatism as America tries to heal from near catastrophic ruin:

As I watch the rising tide of racial anxiety and secessionist sentiment I am not so much reminded of the Bloody Sunday protests as I am reminded of D.W. Griffith’s Birth of Nation. This 1915 film depicts the racist imagination currently at work in our nation as a black president first appoints a Latina Supreme Court Justice and then works with a woman Speaker of the House to pass sweeping national legislation. This bigotry assumes no such government could possibly be legitimate and therefore frames resistance against this government as a patriotic responsibility.

Read more at The Nation.