High
profile trials hold the front pages of America’s news media captive,
but it’s more likely that the criminal justice system
lacks the ability to hold high profile suspects captive.
According to script, another white male escapes the
grips of justice. As I watch American prisons filled
with Black males - the guilty and the suspected -
I’m none too cynical when another privileged accused
rides off into the sunset, praising the operation
of the wheels of the American justice system.
Former
North Carolina Senator John Edwards was acquitted
two weeks ago of one count of political campaign corruption
and a US District Court judge declared a mistrial
on five other counts after the jury deadlocked in
the “over-media-ized” case
of the Democratic presidential candidate. Now, the
word is that he won’t have to endure a re-trial on
the deadlocked counts.
The traditional white establishment
will punish their own for “insubordination,” but will
more often than not, leave the door cracked for a
way out
The
jury couldn’t agree on the deadlocked counts because
they said in a subsequent CNN interview that “the
evidence wasn’t there.” What I know is that the evidence
wasn’t there when conservative-leaning prosecutors
went after Edwards to begin with. But what I know
is that regardless of his political bent, he’s always
going to be “in the club.” The traditional white establishment
will punish their own for “insubordination,” but will
more often than not, leave the door cracked for a
way out.
Black
men who survive a trial have a 97% greater
chance of being re-tried. I bring to your attention
the Fourth Circuit Federal case of US v. Hall (551
F3d 257). Christopher Hall and William Hardy were
accused of a drug trafficking scheme, but the juries
declared mistrials - three times! Then the
government, in the Washington,
DC courts, moved the case to Frederick, Maryland to finally - after two trials
- finally secure a conviction. Why wasn’t double
jeopardy considered in this 2009 case? Then, on top
of that, this year, a memo was unearthed from the
Frederick County State’s Attorney’s office revealing
that critical evidence that likely could have acquitted
them again, was destroyed! I read the memo myself:
“She advised that once the Federal Government elected
to prosecute the matter, the Frederick County State’s
Attorney’s Office shredded the file, destroying the
contents.” The Public Defender’s Office had copied
the judge on the memo, dated December 3, 2004. Going
to trial in January 2007, the men were convicted and
sentenced to 300 and 360 months, respectively. If
this isn’t intentional sabotage, then what is?
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The
late former Sen. Ted Stevens’ case received enormous
press. The prosecution - the government - withheld
evidence, which eventually led to his exoneration.
Right after the trial he said to the press, “I haven’t
been convicted.” He knew something the rest of us
didn’t. The system did what it did and he denied it.
In the case of Edwards, Marcellus McRae, a former
Federal prosecutor, said, “The facts aren’t going
to change; the law isn’t going to change…why should
the outcome change?” If a Federal prosecutor knows
this, then why do they re-try defendants? Is
it because prosecutors change the facts? How is it
we support the government getting a “second shot at
the apple” when a citizen cannot?
I
want those guilty individuals and their government
cohorts in jail! Not that a few rich, white males
don’t go to jail. The likes of former hedge fund manager
Bernie Madoff (life), former Tyco CED Dennis Kozlowski (8-25 years),
former Illinois Gov. George Ryan (6 years), former
Illinois Gov. Rod Blagojevich (14 years), former Enron
CFO Jeffrey Skilling (25 years), and the occasional
Black official, like Prince George’s County, Maryland’s
former County Executive Jack Johnson (8 years). What
we know is that the few who do go to jail make
up less than 1% of all convictions. Race is
the issue at hand.
They are pawned out so that
private prisons can reap the profits of inmate labor
The
Department of Justice cites the fact that whites make
up 708 per every 100,000 inmates in America;
whereas Blacks are 4,479 per 100,000. You know why?
It’s because somebody’s cheating! Someone, white males
in particular, are subverting the system. I know about
that…in my case - as should be with others, the court
in the Sixth Circuit said that “upholding the plea
agreement (leading to conviction) would seriously
affect the fairness, integrity or public reputation
of judicial proceedings.” Doesn’t anyone think that
the public reputation is already impugned? Take for
example, a judiciary that allows prosecutors to get
away with concealing evidence, as in the recent case
of Santae Tribble,
who spent 28 years in prison for a wrongful conviction
- the result of prosecutors withholding evidence.
I repeat: I want the prosecutors to go to jail!
That
sabotaging of justice won’t stop until the purveyors
of this illicit conduct are made to suffer the same
fate as those whose lives they ruin.
The
sabotage has different faces, but is knit with the
same thread of injustice and privilege. The onetime
media mogul and now convicted felon, Conrad Black,
left Florida
prison last month after serving a 42-month sentence
for fraud. I wonder how he got to be a mogul.
Sabotaging of justice won’t
stop until the purveyors of this illicit conduct are
made to suffer the same fate as those whose lives
they ruin
What’s
unjust is that as soon as he completed his sentence,
he was swiftly whisked away - on his private jet -
to Canada. No hearing, no nothing. Yet, there are
hundreds of thousands of alleged illegal immigrants
who won’t have that luxury. Black’s removal was expedited
because he had his deportation hearing prior to
completing his sentence. For the poor, they are denied
hearings - though the law states each inmate is entitled
to one - and furthermore, once their sentence is completed,
they are committed to additional months, at an immigration
detention center. They aren’t sent home to begin their
lives anew, but are pawned out so that private prisons
can reap the profits of inmate labor…such is your
fate when you are poor. That’s what sabotage of “the
system” looks like.
And
as for John Edwards…I watched his press conference
following his trial and he said how proud he was that
“we have a system that works.” How insulting. Why
of course it works - when you get off! For
wrongly convicted people, people who have been cheated
out of their Constitutional rights by unethical, dishonest
and deceitful prosecutors, law enforcement officers
and judges, the judicial system fails to work. Same
system but it’s just that it “works” for the few who
are either rich or privileged, or both. To make sure
the system continues to favor the rich and privileged,
those in position to do so sabotage the system for
the rest of us.
BlackCommentator.com
Columnist, Perry
Redd, is the former Executive Director of
the workers rights advocacy, Sincere Seven, and author
of the on-line commentary, “The
Other Side of the Tracks.” He is the host of the
internet-based talk radio show, Socially
Speaking in
Washington,
DC. Click
here to contact Mr.
Redd. |