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|  March 6, 2008 -
          Issue 267 | ||
| The
          King, the Knave and the Knight By Philip A. Bassett BlackCommentator.com Guest Commentator | ||
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| A friend tells me there is “no documented evidence” 
        of the KKK in  The King in this scenario, Judge Alfred Butzbaugh, is probably not a bad fellow, as far as that goes. If you had seen him, as I have, wandering the halls of justice, wearing a lost look and a soft yellow sweater, you might think he was just another sweet old man running late for his checker game. He’s not that much more imposing in his courtly robes, and his manner in court is quiet and seemingly rational. But I’m afraid old Alfred is slaying the truth, not necessarily by what he says or does, but what he leaves out.  To give an example, a company I’m with filmed the entire (first) trial 
        accusing Rev. Edward Pinkney of voter fraud in March of 2006, which ended 
        in a hung jury. We filmed other hearings and eventually ended up making 
        a documentary. After one of the hearings, Judge Butzbaugh called me up 
        before him, as if I were a defendant in the case, and told me my camera 
        was no longer welcome in the courtroom. The reason, he said, was that 
        we had shown some of the jurors in our documentary. Now technically, what 
        the judge said was correct. What he failed to say was that they were shots 
        of the backs of jurors’ heads, with virtually no chance of identification. 
        The judge had kicked me out on a technicality, and I could only come up 
        with one conclusion: He wanted my camera out of there because I had just 
        filmed some hours of testimony detailing how  He knows other things too, like there are already laws on the books to prevent tampering with mail, and that absentee ballot laws tend to discourage absentee voting and to target citizens who use absentee ballots in their election strategy. He knows there is no hard evidence against the Reverend; that the piles of phone records and absentee ballots mean nothing, and that differences in writing on applications is not illegal. He knows that the prosecution has no case beyond the conflicting testimony of questionable witnesses, with some witnesses’ stories even conflicting with their own testimony from an earlier, civil trial that was to result in the firing of that impeccable city clerk, Jean Nesbitt. But most of all, he knows the only reason for this phony trial, and one to follow, was to legitimize the illegally overturned election recalling City Commissioner Glen Yarbrough.  And the election couldn’t be allowed to stand, since point man Yarbrough 
        would then be gone and the whole deal would fall through: the Jack Nicklaus 
        golf course, the fabulous multi-million dollar resort and control of the 
        water treatment plant, all included in the sweetest land grab since   There are other things that Judge Butzbaugh is not telling, like the 
        fact that he and his real estate company likely stand to profit handsomely 
        from the development that Pinkney is fighting,  Knaves typically get forgotten in history, and ours will probably fare no differently. His main role here is to be the second “K” in the title, and thus produce the clever reference to a national group of racist clowns. Gerald Vigansky is a young prosecutor, not yet practiced in the lawyerly art of looking at the defendant with disgust and maintaining an attitude of righteous indignation. His voice doesn’t carry much conviction as he stutters and stumbles over his arguments. He muddles along though, producing piles of phone records and piles of applications that were all filled out correctly, designed to bore the jury to stupefaction so that they failed to notice he had no case, and that his star witness was a crackhead. (Sorry, it’s true.) It’s amazing that he got ten out of twelve people to believe him at the trial I attended, and all twelve jurors on the second go-round. My gut feeling is that part of the reason he was able to obtain a conviction the second time is that Rev. Pinkney is African-American, and all twelve members of the jury were palefaces like me. But how do you prove something like that? Rev. Edward Pinkney, a Knight in every sense of the word, is my friend and personal hero. He calls me his “covenant brother”, and I’m completely, unabashedly proud of that. These days I feel like I’m never doing enough because my covenant brother is sitting in the Berrien County Jail in a cell with five other men, on a gym floor with just a blanket, or in “the hole”, depending on which story you believe. (I myself have not called the jail, even though I know the number. I’m sorry to tell you that, but I’m afraid of those kinds of places. Thinking of people in cages makes me feel like God has died.)  Edward Pinkney, like most of us, doesn’t have a perfect past. He says 
        he got in a fight once when he was younger and went to jail for it, even 
        though there were two guys on the other side. He also went to prison for 
        a year and a half over an insurance fraud case, but says that he was set 
        up because of his civil rights activities. He claims he was always a top 
        salesman with no need for tricks. With what I’m seeing in his current 
        case, I could easily believe that  Pinkney has other problems as well; he tends to get under the skin of public officials. He has continually spoken out against the seemingly constant corruption and police brutality in the city. He organized picketers when Belinda Brown’s niece almost got raped at gun point by that store owner, and led the march after Terrence Shurn was run into a building on his motorcycle by police. Perhaps most frustratingly, he has sat in on court hearings on a daily basis, advising young men that they have rights and that they don’t have to plead guilty just because the lawyers tell them to. But his biggest crime of all was organizing a successful recall election against a city commissioner and his corporate backers which was handily overturned, a week or so later, by the opinion of one Judge Paul Maloney. Some have called the Reverend a “provocateur” but, from what I gather, all that means is that he tells the truth loudly and often. My guess is the real reason Butzbaugh and Co. want him off the scene is because he has a remarkable way of exposing inequities.  What makes the Reverend’s fight even more courageous is the Goliath 
        he faces. Whirlpool Corp. is a pioneer in designing new ways to rip people 
        off. In 1999, according to the Multinational 
        Monitor, a jury levied a $581 million judgment against the company 
        for bilking unsuspecting poor people in   Rev. Pinkney, being the man that he is, chooses to fight these manipulations 
        at whatever level he can. As an activist, he is tireless; as a speaker, 
        he is inspirational; as a human being, he is honorable. He has mastered 
        the art of tough love in his dealings at the courthouse, and has a smile 
        and a joke for everyone. He knows people change slowly and institutions 
        even more so, but he is willing to put in the time to catch others’ attention, 
        and hopefully, make them think. He tolerates the countless impositions 
        on his time and health, including intimidation by police, two lengthy 
        trials, and now sitting in jail. I believe the man would even give his 
        life, if he thought it would change some of the awful things going on 
        in   As it is, Pinkney and other residents remain heavily outgunned and outmaneuvered 
        by their corporate overlords. Other alliances may be developing, though. 
        One group in the  BlackCommentator.com Guest Commentator, Phillip A. Bassett, 
        is the former editor of the  This commentary was originally published in BANCO, the Black Autonomy Network Community Organization. | ||