I’m
exhausted. Not because of the grays showing up weekly
in my hair. No…I’m exhausted from the constant reports
of injustice in our country’s courtrooms. I’m nauseated
every time I hear political season
fundraising and the effects of the Citizens United
ruling. Shifting elections through dollars is unethical,
but it is accepted.
But
what exasperates me to no end are the insane instances
where the American justice system makes rulings that
ruin the lives of the accused - chiefly, Black and
poor people - and no one is held accountable for these
injustices. Each instance further exasperates me.
I find it insane that we, as a nation of people -
a citizenry - don’t demand that someone pay.
I
read the new cases coming out of the courts and four
new cases of ineffective lawyers misrepresenting people
and ruining their lives come to mind. The case of
Blaine Lafler is a prime
example.
It
takes an insane populace to simply stand by and not
call for accountability
Lafler was charged with assault with intent to murder; the prosecution offered him
a plea deal wherein he would receive a sentence in
the range of 51-85 months in prison. His lawyer -
who got paid, mind you - convinced him that the prosecution
would be unable to establish intent to murder because
Lafler shot the victim below the waist. Now, that’s a peculiarity
like that sounds insane to me, but I’m not a lawyer,
nor was Lafler. What I know is that there is some chance of a person
dying if indeed they are shot below the waist. But
again, I’m not a lawyer…
Not
taking into account that jurors are also not lawyers,
Lafler went to trial and
was convicted on all counts and ended up getting sentenced
to a mandatory minimum sentence of 185-360 months.
The
lawyer convinced Lafler
to reject the plea deal based on faulty advice. The
good thing is, Lafler won relief in The Supreme Court. That instance happens
to thousands of people each year. For Lafler,
it took seven years of his life to win a reprieve.
As a result of not accepting the plea and being convicted
at trial, he received a minimum sentence 3 ½ times
greater than he would have received under the plea.
No one was held accountable.
That’s
not to say Lafler was innocent;
he wasn’t. But that doesn’t give justification for
not affording him factual information to exercise
his Constitutional right to a jury trial - or a plea
bargain. This is an insane injustice that we tolerate…solely
because it hasn’t happened to us.
The
lawyer convinced Lafler
to reject the plea deal based on faulty advice
I
just finished talking to a guy who was convicted at
jury trial in Washington, DC - a predominately
Black city - by an all-white jury; his lawyer did
not challenge the composition of the jury under a
Supreme Court mandate called a Batson challenge.
I’m no lawyer, but I know something’s wrong
with that jury make-up. The guy who got convicted
knew it too, but do you think judges allow defendants
to speak? Sure…after they’re convicted.
I
can’t begin to tell you about all the cases where
police are afforded “qualified immunity” for everything
from covering up their illicit acts to killing unarmed
suspects. This is insane justice. We will see a police
officer shoot an unarmed person - maybe even a subdued
one - and say “that’s a shame,” but we won’t act to
make that officer accountable - until, of course,
that dead person is one of our loved ones.
Then,
there’s the guy I talked with this week, who has to
wait to file his appeal until after the last
of his co-defendants is sentenced. It’s now been four
years. He may well be found not guilty by an appeals
court, but in the meantime, he languishes in prison
while the system drags its feet.
Then,
there’s the guy who got arrested in Maryland
on an outstanding warrant. He was picked up by the
feds and charged in the District of Columbia - without an extradition hearing!
We learned in civics class that the Fourth Amendment
to the Constitution demands that an Extradition Hearing
be held whenever a fugitive is to be brought across
state lines. In this guy’s case, the authorities couldn’t
have cared less…and he sits in jail - a Constitutionally-violated
citizen. Of course, no one will be held accountable.
Or,
how about the former US Attorney, Jerry Goren, who
led the prosecution of eight Black men, resulting
in murder convictions in the 1984 beating death of
a woman? He admitted that he withheld evidence from
defense attorneys for the men. One inmate died and
six are still behind bars in the DC case!
It
takes an insane populace to simply stand by and not
call for accountability. You know, like I know, that
nothing will happen to Goren. He won’t go to jail.
His reputation will go unscathed…and those men - cheated
out of a fair trial - with lives beaten and scorched,
with no hope of redemption. Their quality of life
is forever marred. Their earning potential is extinguished,
all because some privileged person took advantage
of an unjust system.
How
can these instances be deemed civilized? How can this
form of justice be even remotely considered anything
but insane?
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. |