Note: BlackCommentator.com Editorial Board member Chuck Turner is writing this
column from the U.S. Federal Prison in Hazelton, West Virginia
where he is serving a three year term for a bribery conviction.
A)
Narrative:
Riding
home from the courthouse with my wife and one of my daughters
after escaping the clutches of the media was a welcomed
relief after my first day as an accused felon. But I couldn't
escape. On the radio, the broadcaster was telling those
who had heard and those who hadn't that Councilor Turner
not only was arrested but also was stripped by the Council
President of all his committee responsibilities and had
been invited to an executive session of the City Council
the following Monday. Well, at least I'll have a relatively
quiet weekend to figure out what to do, I thought.
What
I forgot was that the media never sleeps. When I got home,
they were there and even though I wouldn't talk to them,
they stayed there until all our friends had left. Bright
and early the next day, they came back. Different people
but with the same insistence on my answering their needs
until I asked the police to put up a Do Not Cross per order
of the police barrier.
Throughout
the day, calls from friends and family gave needed reassurance
that I continued to have their support. Particularly helpful
were calls from Steve Kirshbaum, School Bus Drivers Union
steward and International Action Center leader, and Aaron
Tanaka, the organizer for the Boston Workers' Alliance,
an organization of unemployed workers that I had helped
to organize and that was operating out of my District Office.
Their question was whether I wanted them to organize a rally
at City Hall on Monday. My immediate response was yes.
Knowing
their organizing skills, I knew that all I would have to
think about for Monday was what to say at the rally. With
the plan for organizing the rally in place, the strategy
for dealing with the Council and the Council President was
clear. Council President Feeney had invited me to an executive
session of the Council which would be just the Council members,
the City Clerk, and Corporation Counsel Bill Sinnott, the
Mayor's lawyer, who was advising her on strategy. In that
setting, I would be like a lamb being led to slaughter since
the only votes I could depend on would be the votes of the
three Councilors of color.
However.
I had a plan B. Under the Council rules, I had a right to
call for a public meeting. This would give me leverage because
if Steve and Aaron could turn out my supporters, Feeney
would be psychologically intimidated and would probably
cancel the meeting rather than attempt to take action against
me while my supporters watched. With the sense that the
tide was beginning to flow with me rather than against me,
I concentrated on writing the letter to the Council President
to let her know that I wanted an open meeting as well as
writing a speech for the rally.
My
plan was to use the rally to pick holes in the prosecution's
case. The flaws were clear in the FBI affidavit that laid
out their case. What better time and place to rip their
case to shreds than in front of City Hall with a crowd of
my supporters. However, after spending hours on Saturday
and Sunday writing and rewriting my speech, my lawyers let
me know in very certain terms that it was their job to defend
me, not mine. Why help those who were trying to put you
in jail, by showing them our key arguments, they said repeatedly.
My
response was that while I understood their legal perspective,
I was an elected official facing an election in less than
a year. I couldn't allow the media to try to convict me
in the court of public opinion and keep quiet. That would
be tantamount to saying that I was guilty and conceding
defeat in the election. One of the reasons for my popularity
was that I had always spoken truth to power. I could not
ask people to believe that I was innocent and to vote for
me despite the charges while saying that I couldn't talk
about the case on advice of Council. Their response, I reasoned,
would be that I must be guilty if I wasn't willing to talk
about the case.
Thus
on the evening of November 23, 2008 began the great debate
between myself and my lawyers that didn't end until October
25, 2010 when I took the stand to testify in my own defense.
There are many who were close to that debate who will say
that I am at USP Hazelton today not because of the skills
of my prosecutor or the strength of their case but because
I refused to follow my lawyer's advice and keep my mouth
shut. In all candor, I have to admit that they might be
right. However, as I said on a number of occasions, I would
rather go to jail than stop living by my principles which
required that I speak out in my own defense. I couldn't
give up my integrity even if it meant that I had to go to
jail. That's the way I felt two and a half years ago. Today,
I continue to believe that I did the right thing even though
I sit here, a convicted felon at the beginning of my three
year sentence.
While
I believed I couldn't sacrifice my principles, I had to
recognize the logic of their argument and began to walk
a tight rope that I hoped would take me to a not guilty
verdict. So I changed the speech to focus more on the politics
of my situation rather than the specifics of the case. Even
with that compromise, Terri and my lawyers warned me that
the prosecutors would be listening to my every word and
would try to use what I said against me at every possible
opportunity. They were right. Almost every time I went to
court, the prosecutors would make some reference to what
I was saying in the court of public opinion as you will
see as I proceed to describe what happened in my almost
three year struggle with the Justice Department.
The
next day at City Hall was a blur of activity: Reporters
demanding their pound of flesh; friends and supporters coming
and calling to wish me well; discussions with staff about
next steps to make sure our constituents' needs were being
met, despite my problems. Then at 1:15, an excited staff
member rushed into the office to say that our strategy of
holding a rally at City Hall before the Council meeting
had worked. Council President Feeney, seeing my supporters
beginning to gather for the rally and having seen my letter
asking for an open meeting announced at her press conference
that she was canceling the Council meeting "in the
interests of public safety." She said that she would
wait until a grand jury indictment before deciding her next
steps.
At
2:25, joined by Terri and friends, I proceeded down stairs
to the rally. While I had heard reports of growing numbers,
I had decided to wait until the rally to go to the plaza.
As I neared the doors leading to City Hall Plaza, I was
literally amazed. Knowing the skills of those organizing
the rally, I had expected a good turnout. I was not expecting
to see the plaza filled with young and old; black, white,
Latino, Asian, Cape Verdean looking faces-a virtual rainbow
of the city. Throughout the crowd signs in the red and white
campaign colors were waving, proclaiming Support Chuck Turner:
Bold, Bald, and Bright. Estimates were that over 500 people
came to support me that Monday afternoon.�
Looking
at the magnificent turnout, all I could say was Thank You
God. I knew that the physical work had been done by Steve,
Aaron, and a myriad of others. I also knew that this out
pouring of love and support was based on the spirit in the
hearts of people moving them to come to my defense in my
greatest moment of need. Naturally, I began my speech by
announcing that their presence had brought our first victory
- the cancellation of the hearing by Council President Feeney.
However, I reminded them that winning a battle does not
end a war and that I would continue to need their support
during the coming months and possibly years as the legal
process worked its way through the courts.
I
called attention to the fact that I had not even been indicted
by the grand jury and yet the media was finding me guilty.
What happened to the alleged right in this country for a
person to be considered innocent until convicted by a jury
of his or her peers. I said that I was not going to stand
by while the media worked to convince the public of my guilt
even before my lawyers had seen the alleged evidence. I
declared that while my lawyers would defend me in the court
of laws, I would from this day forth be my own lawyer in
the court of public opinion.
In
closing, I reminded them that we had to keep the faith as
we had in the past and must in the future, that the righteousness
of our cause would carry us ultimately to victory. We had
to understand that behind the clouds that have and will
continue to darken our path the sun always shines, leading
us to victory. I also warned them that the police were waiting
inside City Hall to make Councilor Feeney's prophecy of
a disturbance at City Hall a reality and asked every one
to go back to the community and spread the word that I was
inviting people to join me at my community office in two
days, the day before Thanksgiving to discuss our next steps.
(That was the rally that I discussed in Chapter 1).
A
month later, a week after my December 10th indictment, Council
President Feeney announced that she had hired a prominent
Boston lawyer who had been a judge magistrate to act as
a fact finder in my case. She didn't announce that the Mayor
had agreed to let her use City money to pay him at the rate
of $500 an hour. When I saw the report in the paper, I said
to some friends that I knew that the Mayor didn't want me
around but I didn't think he was willing to pay that much.
I guess I was having more impact than I thought.
At
the next Council meeting, I argued that the process the
Council President was initiating would jeopardize my right
to a fair trial in federal court. For the Council President
to pay a fact finder to try to gather "evidence"
that could be used against me in a Council process would
put me on trial in front of the Council before my trial
in federal court had begun. How would my lawyer be involved
in this process, I questioned? Without my lawyer's involvement,
it would be in effect a kangaroo court. At the end of my
presentation, the presiding officer, Council President Feeney,
moved on to the next issue.�
Despite
the controversy regarding the Mayor's authorizing $500 an
hour for the fact finder. Council President Feeney did not
relent. Then on January 5, 2009, two significant events
took place that dramatically changed the situation. First,
at ten a.m. that morning the City Council voted to elect
Mike Ross, district Councilor representing Beacon Hill,
Back Bay, and Mission Hill, City Council President. That
afternoon Assistant US Attorney John McNeil, representing
US Attorney Sullivan, filed a motion in federal court asking
Judge Magistrate Hillman to require that I sign what he
called a protective order and I called a "gag"
order, requiring that I and my lawyers agree not to talk
in public about any of their evidence before receiving it.
McNeil
had asked in December that I sign such an order which I
refused to do for a number of reasons. Since Sullivan had
released on the day of my arrest, "photographic evidence
of my guilt", taken by his agent, I thought it ridiculous
that I should sign away my right to do the same if I chose.
In addition, at a time when people were questioning Feeney's
efforts to oust me from the Council when she was under investigation
herself, Sullivan released a conversation between the Senator
and Council President where Feeney challenged the Senator's
maneuvers. Obviously, this was designed to take suspicion
away from her. I also had heard that my prosecutor, McNeil,
was preparing to release information to the fact finder.
So as I said, it seemed ridiculous to agree to a standard
that they were not willing to follow.
Also,
since I was planning to run for City Council the following
November and knew my constituents would expect me to talk
about the case, I didn't want to put myself in a position
where I would have to worry that anything I said about my
innocence� and Sullivan's frame up could be connected to
the "evidence" and subject me to another arrest,
jail time, and forfeiture of the bail bond. The third reason
was that it seemed to me that they were asking me to give
up my First Amendment rights which I would not do.
The
action by McNeil put a lot of stress on my legal team which
will be discussed in the next Chapter - What First Amendment?.�
At the same time, it opened the door for Council President
Ross to dismiss the fact finder. Since the government was
barring me from discussing any of the evidence publicly,
Ross reasoned that the fact finder would be similarly barred
and therefore would have no ability to present information
to the Council about my alleged crime.� Looking ahead to
the future, he proposed as part of the Council rules that
if any Council member was convicted of a felony, the Council
would have the right to meet and decide what action to take.
I
supported Council President Ross' position. Since he had
dismissed the fact finder, I realized he needed something
to appease those in the court of public opinion who wanted
my head. However, even if convicted I didn't think that
the Council had any authority to remove me from the Council.
Under state law, only if convicted and sentenced to jail
would I have to vacate the seat.� Nevertheless, the Council
did remove me after my conviction.
An
eminent, retired Boston lawyer, Chester Darling, based on
his view that the Council had no legal right to remove me,
volunteered to come out of retirement to represent me and
to challenge the Council's action in federal court. Mark
Wolf, Chief Justice of the Massachusetts federal bench accepted
the case but asked the Massachusetts Supreme Judicial Court
(SJC) to give their opinion before he makes a ruling since
the case involves state election laws. We expect the SJC
to have their hearing on the issue this October.
Before
leaving this narrative of the Council aspect of my three
year struggle, let me clarify that the Council as a body
did not authorize any of Council President Feeney's actions
or seem to play a role in their development. The Council
President's only advisor in City Hall seemed to be Corporation
Counsel Sinnott, the Mayor's lawyer. In fact, I was very
pleased with the fact that the the Councilors handled a
difficult situation in a very professional manner. I never
felt that the accusations against me stopped them or in
fact City employees from working with me on the issues and
concerns of my constituents.
As
expected, the three councilors of color, Charles Yancey,
Felix Arroyo, and Sam Yoon were very supportive, continuing
the process of our working together as Team Unity. Initially,
however, I was surprised by my periodic conversations with
Steve Murphy, an at large Councilor from Hyde Park. The
first time we talked about the situation, he approached
me and said that he really felt very sorry about what was
happening. He said that his father who had been a policeman
and prosecutor had told him that based on his experience,
he thought that I was innocent and that he believed his
father's view.
Steve
and I had worked effectively together on some issues, especially
discrimination against those with criminal records. We also
had clashed on other issues. However, our interactions around
my arrest and indictment seemed to rise above the day to
day tension of Boston politics. We seemed to be able to
make a human connection based on what seemed to be an empathy
he felt for my dilemma. In another conversation, he said
that he knew I couldn't have been involved in a conspiracy
with the Senator because during the period of the alleged
conspiracy, she refused to support his at large candidacy
because he chaired a hearing I sponsored focusing negatively
on her support for a dormitory Northeastern University wanted
to build on land in our district.
B)
Analysis:
1)
Triple Teamed:
In
Chapters two and three, I discussed how US prosecutors carry
out doubling teaming. The most obviously instance is through
their relationship with the media. As the prosecutors, they
bring the evidence to the grand jury, receive the indictments,
and then go to court to begin the legal process. However,
often before even getting an indictment from the grand jury,
they initiate the media process in the court of public opinion
as they did in my case.�
Thus
the defendant is double teamed. In federal court, the defendant
has to face the charges that are being brought by prosecutors
with all the weapons that they have at their disposal. While
in the court of public opinion, the defendant has to face
the constant barrage of publicity designed to convince the
public of the person's guilt long before the defendant has
the ability to defend himself/herself in federal court.
Yes,
the judge will, when seating the jury, will try to screen
out those who have formed opinions based upon the media
or discussions with friends, colleagues, and/or coworkers.
However, such screening is an imperfect process at best.
In addition, the effect of all the negative publicity on
the defendant can have a significantly negative effect on
the defendants' life and circumstances long before the trial
begins.
In
my case, I was tripled teamed. Let me show you how the process
unfolded by discussing again the day of my arrest. At 6:15
a.m., the first team, the US Attorney's special police,
the FBI, accompanied by Boston police officers, came to
my office to arrest me. At 7:30, the second team went into
action as the media spread the stories throughout the city,
state, and country that I had been arrested.
At
9:00, the quarterback, so to speak, of the first team, US
Attorney Sullivan, went before the members of the second
team, the media, who had been summoned to receive his statement
and the "photographic evidence of my guilt" that
would be spread around the nation immediately after the
press conference. Thus even before my indictment, the first
and second team had initiated a "full court press"
so to speak focusing on my guilt.
At
noon, the third team took the field as Boston City Council
President announced to the members of second team that as
President of the Council she was immediately suspending
my City Council committee responsibilities and summoning
me to an executive session of the Council on the next working
day, Monday, November 24, 2008. This obviously reinforced
the idea in the minds of the public that I must be guilty.
If the Council immediately was taking action, then they
must have been aware of Turner's corrupt activities even
before his arrest.
What
the public who heard her pronouncement didn't know was that
Council President Feeney had not conferred with other Council
members before taking action. She had, however by her own
later admission, discussed the issue with William Sinnott,
the Mayor's lawyer, known as the Corporation Counsel. It
is also probable that they didn't know that both Council
President Feeney and the Mayor at the time of my arrest
were also being investigated given their involvement with
the efforts to obtain a liquor license for Wilburn.
My
statement that I was triple teamed is based on my belief
that Council President Feeney was working closely with the
US Attorney's office on the coordination of her actions
against me.� Given the role that Corporation Counsel Sinnott
was playing with the Council President he would also have
to be working with the US Attorney's office. While I am
sure that the Mayor was not working directly with Sullivan
and his office, he certainly had to know what Sinnott and
Feeney were doing. I will acknowledge that I don't have
photographic and telephonic evidence to present to support
my belief. However, I do have what I consider strong circumstantial
evidence, particularly relating to the Council President.
First,
consider that the announcement of my arrest began to be
broadcast around 7:30 a.m. This means that the earliest
that the Council President could have learned of my arrest
if she was not part of the team was around 8 a.m. This would
mean that between that time and noon, she would have to
think about next steps and contact Corporation Counsel Sinnott
since she was not a lawyer and would have felt the need
for legal guidance. They then would have had to meet to
develop a strategy before calling the press to start the
media process. While it could have happened without prior
knowledge, I am doubtful, particularly because the Council
President is known to be controversy adverse, so it is difficult
to conceive her moving quickly without Council consultation
to take what I think was bold and controversial action.
The
other reason for my belief is that I think she was very
vulnerable to pressure from the Attorney General's office
based on her involvement in helping the Senator obtain a
liquor license for Mr. Wilburn. If you examine the FBI affidavit
that was issued at the time of the Senator's arrest approximately
three weeks before my arrest, it referenced a meeting that
took place at the state house regarding a liquor license
for Wilburn. This meeting was initiated by a call from Council
President Feeney to the Senate President Teresa Murray at
the request of the Senator.
The
purpose of the meeting that took place on August 16th was
to work out a deal to get an all purpose liquor license
for Wilburn. At the meeting were the Senator; Senate President
Murray; Senator Montigney, head of the Senate Licensing
Committee; Council President Feeney; and Chairperson Potaski
of the Liquor License Commission. The affidavit states that
an agreement was reached to have Council President Feeney
write a home rule petition which after approval by the Council
and Mayor would be sent to the State Legislature which has
to approve the creation of new liquor licenses. Five new
all purpose licenses would be created one of which would
be given to Mr. Wilburn and the rest distributed with the
advice of the Senator. Returning to City Hall Council President
Feeney took responsibility to have the home rule petition
presented to the Council without a hearing and approved
by a voice vote, not a roll call.��
I
am not saying that the Council President received money
from Sullivan's agent Wilburn in return for this action.
Even though Sullivan tried to make it look like my support
for additional licenses was based on a deal with Wilburn,
my support grew out of support for the fairness of increasing
the number of all purpose liquor licenses for establishments
operating in the Greater Roxbury community. Thus, I can
not say that her actions did not have the same motivations
as mine - fairness and justice. I am very doubtful, however,
that she would have moved as quickly, forcefully, and continuously
to remove me without the guidance of the US Attorney given
the cloud of suspicion, hanging over her, because of her
key role in obtaining a license for Wilburn. That is why
I believe I was a victim of a triple team coordinated by
Sullivan.
2)
Two Juries of My Peers
From
the moment the press began the campaign to convict me in
the court of public opinion, my position was that I had
a right to be considered innocent until I had a trial before
a jury of my peers. However, the Council aspect of the triple
team, led by Council President Feeney, presented me with
a situation where I was going to have two juries of my peers.
By summoning me to meet with the Council even before being
indicted, it seemed that Council President Feeney and Corporation
Counsel Sinnott were trying to establish the Council in
the minds of the court of public opinion as a jury of my
peers with a right to speak to their belief of my guilt
or innocence before the legal process even began in court.
However,
what could the Council say. Without an indictment by the
grand jury, there wouldn't even be a trial. I had no doubt
that Sullivan could get the grand jury to indict me. The
Council, however, had no right to make that assumption.
The Council could not take any action on the basis of the
arrest. Sullivan had a right to get an arrest warrant if
in his opinion a person under investigation was a flight
risk or a danger to the public, neither of which were relevant
in my case. Taking an action on the basis of my arrest would
create, I believed, more of a problem for Sullivan than
for me. Logically, it seemed that the only purpose was to
put the Council in the position of a jury of my peers in
the court of pubic opinion.
Based
on Council rules since the executive session would focus
on a personnel issue, the discussion could not be discussed
publicly, creating a vacuum in which the media could speculate
about the actions the Council was planning to take. While
the Council had no power to act, the public would not be
informed of that and would believe the likely media spin
that they were planning to remove me. This would obviously
reinforce the idea that I was guilty. The only way to stop
the clever psychological scheme by the Council President
and Corporation Counsel was to demand that the meeting be
public which I did. Their only alternative was to retreat,
call off the Council meeting, and lose the first round which
they did.
The
Council President had lost the first round. Once I had been
indicated, however, with pressure, I believe, from the US
Attorney's office and Corporation Counsel Sinnott, she again
tried to position the Council as my judge and jury. This
time she hired a former judge magistrate at a mayoral approved
rate of $500 an hour to gather "facts" about my
case that could be presented to the Council.
To
me, this represented the most serious challenge to date.
Sullivan had released on the day of arrest "photographic
evidence of my guilt". A few weeks later, his office
released parts of a transcript of a recorded conversation
between the Senator and the Council President in order to
take suspicions off Feeney. I had no doubt he would find
a way to provide "evidence about my crime" for
the fact finder to put in a report that Feeney would then
use to attempt to get the Council to speak out against me
in its role as a quasi jury of my peers.
The
triple team failed when the new Council President, Mike
Ross, realized that since Sullivan was trying to force me
to sign a "gag" order, the fact finder would not
be able to obtain evidence from the US Attorney that could
be shared with the Council. I believe that if I had voluntarily
agreed to sign the "gag" order, they would have
continued their process of releasing information when it
was helpful to their efforts to get rid of me, one way or
the other. This would have enabled the fact finder to issue
a report that would have looked substantive and enabled
Feeney to continue her efforts to oust me. The significance
of this ploy is that it was conducted with, I believe, the
active support of the federal office which is supposed to
assure not only public safety but also justice in Massachusetts.�
3)
Selective Prosecution:
In
two interviews with a Boston Globe columnist, Ron Wilburn
said that he did not understand why other people were not
arrested in addition to the Senator and me. This led people
in the community to think that Wilburn had gathered evidence
on others who could be brought to trial but were not. This
also led people to think that Sullivan's actions toward
the Senator and I were part of what seemed to be a national
Bush attack on black public officials after eight US prosecutors
were fired for not using their powers politically. Unfortunately,
Wilburn, who also said in one of the interviews that I was
innocent and who later said that he would not testify, never
shared the information that he had regarding who he believed
should have been brought to trial. Perhaps, one day Wilburn
will see the light and reveal the truth.
I
believe that US Attorneys in order to keep the political
spotlight on some and not on others will select those whom
they believe it is in their interest to prosecute while
others are allowed to resign. I believe that is why Dan
Potaski, the chairperson of the Boston Licensing Commission,
quietly resigned after the Senator changed her plea to guilty
in June of 2010. Since he was still in his fifties and unable
to receive a full pension, there was no apparent reason
for him to resign. My belief is that this is an example
of selective prosecution.
Sullivan
had the evidence, I believe, to bring Potaski to trial but
since he wanted the public to associate the idea of public
corruption with two black officials, he allowed Potaski
to resign. Also, the resignation prevented the spotlight
that would have been put on the Commission and its historical
role in the issuing of liquor licenses that would have come
out as the trial progressed. Given the fact that the Wilburn's
FBI handler admitted at my trial that nobody wanted the
hearing I sponsored to take place because of the potential
embarrassment to the Commission, it is clear that they wouldn't
want to put Potaski on trial.
I
do not have photographic evidence or recorded conversations
to verify my belief but I think there is circumstantial
evidence beyond Potaski's resignation itself. The FBI affidavit
presented at the time of the Senator's arrest contained
transcriptions of recorded conversations in which Steve
Miller, principle in the law firm that represents over 70%
of the successful liquor license applicants in Boston, told
Wilburn that he would obtain a liquor license for him from
Potaski even without Wilburn attending the hearing. He was
a man of his word even though the license was only a beer
and wine license. However, since Wilburn had no place to
use the license, the issuance was a clear violation of the
law.
In
addition, when Wilburn was on the stand at my trial, he
said that when Miller told him he wanted to help because
his friend Arthur Winn, a supporter of the Senator, had
asked him, he said there would be no charge. However, Wilburn
said that later Miller had asked him to give him I think
the amount was $1000, but Miller didn't say why he was asking
for the money since he had originally offered his services
free of charge.
When
I heard Wilburn's testimony I had to wonder if this money
from the FBI that Wilburn provided to Miller was used to
put Potaski in a position where he either had to resign
or face criminal charges. I assume that we will never know
why the money was asked for or who was the eventual recipient.
What we do know is that as soon as the Senator's case was
over, Potaski quietly left the position of power that he
had held for years. That is why I believe that Potaski's
resignation is an example of selective prosecution.
C)
Action Steps:
Action
steps proposed in Chapters two and three would enable prosecutors
to be criminally charged and sued as well as limit public
discussion of evidence until the trial are key to curbing
prosecutorial terrorism such as we see in my case.� However,
the question of selective prosecution is one that I haven't
discussed. I believe that this issue would require the creation
of an office within the Justice Department that would have
responsibility to review the actions of the US Attorneys
relating to the questions of selective prosecutions, use
of criminals in investigations, arrest practices, as well
as other areas that can not be dealt with through the creation
of laws.
The
other issue raised by this chapter relates to the question
of the appropriate means of handling alleged criminal behavior
by elected officials. As I have stated, I think Council
President Feeney's actions regarding my arrest and indictment
were unjust and politically motivated. Yet, I acknowledge
that the arrest of a public official on charges of betraying
his or her public trust is a serious and difficult situation,
particularly if the person charged is a member of a legislative
body. The other members of the body will undoubtedly hear
calls for action to be taken against the accused official.
At the same time, the constituents supporting the official
will insist that the right to replace the person is not
the legislative body's but the constituents' through the
elective process.�
If
there are rules in place that prescribe the steps that can
be legally taken, it is a less difficult situation since
the members of the legislative body will be within their
rights to take whatever action is dictated by the law, whether
that action is popular or not. The more difficult situation
is the one faced by the Boston City Council when I was arrested
and indicted. In that situation, there was no legal framework
in place. I commend Councilor Ross for his decision to set
up a rule so that if I was convicted, there would be a framework
for action although the rule was vague on what action could
be taken which led to my legal challenge of my ouster in
December of 2010.
For
those of you living in an area where your city council or
state legislative bodies have no laws governing the action
that can be taken in such a situation, I urge you to petition
the body to explore the alternatives by researching methods
employed by legislative bodies throughout the country. This
would then present them with a wide range of options for
consideration. The key issue is the need for a process to
be in place before an elected official finds himself or
herself indicted for a crime.
In
the midst of the controversy regarding Council President
Feeney's actions, Mel King,� the Godfather and guru of Boston
community based politics, made a suggestion that I think
has merit. His idea was that the process should keep the
power in the hands of the people. In that light, he suggested
that a special election be held within a relatively short
period of time in order to assess whether the person continued
to have the support of his constituents.
I
would suggest that rather than make it a competitive election
that consideration be given to structuring as a vote of
confidence. If the person was able to get the majority of
votes, then they would have received a mandate for staying
in office until the trial is completed. If the person was
found guilty, then the process for dealing with convicted
elected officials could take place. If s/he did not receive
a majority of the votes, the person would have to take a
leave until after the trial.�
There
are problems with this approach such as the limited information
about the crime that would be available. Also, the cost
of the election would be a concern. In addition, if the
person was required to take a leave, then there is a vacuum
of representation. If the special election is competitive,
would the public be able to focus on the issues confronting
the district or would all the focus be on the guilt or innocence
of the official. However, an approach based on voting would
resolve the issue of whether the constituents wanted the
person to continue to serve. The most important lesson is
that political bodies need to think ahead to assure there
are appropriate strategies to deal with this type of situation.
Next
week chapter 5: What First Amendment?
A
Luta Continua - The Struggle Continues,
Chuck
Click here to
read any part in this BC series.
BlackCommentator.com Editorial Board Member Chuck
Turner - Served as a member of the Boston City Council
for ten years and eleven months. He was a member and founder
of the Fund the Dream campaign and was the Chair of the
Council�s Human Rights Committee, and Vice Chair of the
Hunger and Homelessness Committee. Click here to
contact Mr. Turner. Your email messages will be passed on
to Mr. Turner by BC. You may also visit SupportChuckTurner.com.
You
may also write to Mr. Turner. The address is:
Charles
Turner #80641038
Hazelwood Penitentiary, P.O. Box 2000
Bruceton Mills, West Virginia 26525
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