Sustained!: May 2010

Thursday, May 13, 2010

Don't Send Us the Bill for Bad Cases

By: Jacquelyn Carpenter

Recently, Harris County District Attorney Pat Lykos was challenged in an interview by the Defenders at the Channel 11 News (See Mark Greenblatt Interview of Pat Lykos). The problem: a small increase in no bills from one year to the next. Excuse me, but I do not see how this is the fault of Pat Lykos. The Grand Jury consists of citizens outside, but not to the exclusion of, the legal field. Those citizens, not Lykos and not any of her Assistant District Attorneys, decide whether the case has sufficient probable cause to take the case to trial. So why is Lykos at fault?

It would appear that those pointing the finger at Lykos believe she is at fault because the prosecutors are untrained, or otherwise lacking some skill of persuasion, to get this group of citizens to agree with them. There is an accusation that Lykos is responsible because the prosecutors presenting the case do not know how to present it correctly. And who is judging the presentation of the case? From what I can tell, no one with any firsthand knowledge AND legal (lawyer) training. An officer who investigated and thought that his evidence was sufficient says that the prosecutor could have held the case until they got more evidence. In the circumstance presented in the video, the Grand Jury did not true bill because there was no eyewitness. If that be the case, then why not wait in your investigation, Mr. Officer, to send the case to the prosecutor until you have an eyewitness? By the way, you should apply this line of reasoning to all cases. Let’s see how many people commit murder in the presence of an eyewitness.

This is one of the most obtuse lines of reasoning I have heard in a while. Now, people who are not attorneys want to weigh in and say, essentially, because they did not get what they wanted that someone screwed up or that justice was not served. What is justice anyway? Is it paying attorneys’ fees for a crime you did not commit? Is it waiting in jail with no ability to bond out for months that add up to years? Is it losing your job, house, and family while waiting to finally have your day in court? If that is justice, how dare a Grand Jury prevent “justice” from taking place (while depriving an accused of his freedom at the cost of the taxpayer in the meantime)?

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Trayvon Martin was shot and killed in Florida by George Zimmerman, a neighborhood watch volunteer. Martin was returning from a store buying some green tea and skittles. Trayvon Martin was wearing a hooded and was, by all accounts, minding his own business. Zimmerman shot Martin and alleged self-defense. His death was tragic. But to make matters worse, when officers sought to arrest Zimmerman and charge him with manslaughter, a prosecutor stepped in and blocked the charges. Upset by the disregard for this young man's life, people accross the nation took to the streets and protested. The lack of charges sparked discussion and activism from school yards all the way to houses of congress. Trayvon Martin's death increased awareness of our present state, much like Emmitt Till's death and the injustice that followed it increased awareness in the 1950s. People's objections to the status quo and the good ole boy's network were SUSTAINED! when Zimmerman's case was taken over by a new prosecutor and charges were filed.

The Gavel Goes Down on the 1%: Occupy This!

Protestors took to the Streets in New York, occupying Wall Street to protest corporate greed and corruption. The original protest began on September 17, 2011, and since then other protests have been held in 70 major cities and over 600 communities in the U.S. Many of these protest are still on-going. Here in the City of Houston, protestors are staging rallies nearly every week. Internationally, other protest have modeled themselves after Occupy Wall Street, in over 900 cities worldwide. These protests have been growing. We are witnessing the beginnings of a social movement. With their goals yet undefined, but steadily becoming more defined; the gavel goes down on the "Occupy" Movement's objections to the explotation of the 99% by the 1%. It will only be a matter of time until the energies of the protestors are transferred to other vehicles: like voter registration drives and engaging in other activities to increase social awareness.

The Gavel Goes Down: Police Officers Committing Crimes

In many places police officers commit crimes with impunity. But on March 31, 2011, a federal judge in New Orleans sentenced a former New Orleans police officer to 25 years in prison for his role in the shooting death of a man and the burning of his body after Hurricane Katrina.

David Warren was convicted in December of shooting 31-year-old Henry Glover without justification outside a strip mall less than a week after the storm hit in August 2005.

Sentencing is scheduled later for former officer Gregory McRae, who burned Glover's body in a car near a police station.

A jury also convicted former Lt. Travis McCabe of writing a false report on the shooting. His sentencing is on hold while his lawyers seek a new trial. But the Gavel Goes Down on Police getting away with Police Abuse. Twenty-five years may seem a little light for murder (The feds do not have parole and he will serve at least 20 years), but it certainly is a start.

The Gavel Goes Down: Oppression and Genocide in Sudan

Sudan may be headed for a split, with Northern Sudan and Southern Sudan forming two independent nations. Southern Sudanese election officials posted early results Sunday, January 16, 2011, indicating that perhaps more than 95 percent of voters in this regional capital voted to secede from Sudan. The referendum, held last week, was the capstone of decades of civil war in Sudan, which pitted Christian and animist rebels in the south against Arab rulers in northern Sudan. All indications show the weeklong referendum passing.

While the results are the first concrete steps for the south to secede from the rest of Sudan and become its own country, the final vote tally is not scheduled to be announced until Feb. 14. And true independence would not come before July 9, when an U.S.-backed peace agreement between the north and the south expires. It was signed in 2005. Still, many issues need to be ironed out, including citizenship rights, oil sharing and the future of the contested and volatile Abyei region, which was supposed to hold its own referendum on whether to join the south or the north but never did. But, the Gavel Goes Down on the world's objections to the attempted genocide that occurred in Sudan that resulted in the indictment of Sudan's president by the International Criminal Court.

In Washington, President Barack Obama congratulated the south on holding a peaceful, orderly referendum, calling it an "inspiration." But he also warned against breaking the peace agreement timetable.

The Gavel Goes Down: Ignoring the impact of Slavery on American History

After more than eight years of street demonstrations, arguments, haggling and missed deadlines; after extensive public debate about the impact of slavery on life in the United States and on the life and moral character of George Washington; after countless news articles and TV programs, the site marking the intertwined lives of presidents and slaves opened to the public on December 15, 2010 on Philadelphia's Independence Mall. "President's House: Freedom and Slavery in Making a New Nation" chronicles the story of race and power at the heart of our nation's birth. President George Washington owned some 300 slaves. His ownership of these slaves brought him status and power, which positioned him for the presidency. Despite Washington's signing of the Fugitive Slave Act in 1793, many slaves owned by him struggled and obtained freedom. The exhibit is the fruit of the struggled of the Black community in Philadelphia. It is an acknowledgment that Black people were part of America and contributed to it from the beginning. The exhibit tells the story of the inhabitants of the first Executive Mansion: George Washington and John Adams and the nine enslaved Africans held there by President Washington during his two terms in office. It is a stark objection to the white-washing of American history.

The Gavel Goes Down: 55 Years After Rosa Said No

The Gavel Goes Down: Eliminating the Kibera

The Kibera slum in Nairobi, Kenya has long been known as "the largest slum in Africa." This assertion has been recently challenged and many observers now believe that Kibera is the second largest slum in Africa. In September of 2009, the government of Kenya began clearing the Kibera to -rehouse all of the Nairobi's slum residents. Kenya plans to move all of the residents within the next nine years to communities that will include schools, markets and other facilities. Through the use of U.N. funding, funds from other relief efforts, and its own resources; the Kenyan government is spearheading the project. I (Eric J. Davis) visited the Kibera in 2006 and had the opportunity to spend time with some of the residents. Due to my ethnicity and the fact that we were accompanied by some Kibera residents, we were able to blend in and pass for locals. The resilance of the people was amazing. It was a small city where the people appeared to govern themselves well. The Kibera was safer than many major American cities. Nevertheless, the effects of poverty were apparent. There were no schools, no clean water, no sewage and no hospitals. Should the resettlement survive legal challenge (some slum lords are claiming ownership of the land and are taking the government to court - people pay rent to live in the slums), this African nation will take a big step towards eliminating poverty in its borders. Kenya is proof that African nations can govern themselves. The gavel goes down on Kenya's objections to poverty.