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Blacks Who Stand Their Ground Often Imprisoned by Zenitha Prince

July 21, 2013

Blacks Who Stand Their Ground Often Imprisoned
Florida's Astounding Inconsistent 'Stand Your Ground' Application

By Zenitha Prince

floridaprotestpic2

Special to the Trice Edney News Wire from the Afro American Newspaper

(TriceEdneyWire.com) - The recent acquittal of neighborhood watchman George Zimmerman in the shooting death of 17-year-old unarmed Trayvon Martin has led to intense scrutiny of Florida’s ‘Stand Your Ground’ law, which hung over the Zimmerman trial along with similar “no retreat” self-defense laws, and their impact on people of color.

“I think the Trayvon Martin case highlighted the racial inequalities that exist in American society,” said Brendan Fischer, general counsel of the Center for Media and Democracy. “It is a symbol of how the American justice system devalues the lives of people of color. [And], ‘Stand Your Ground’ has embedded a lot of these injustices into the system. Statistics have shown its application has been anything but equitable.”Supported by the National Rifle Association, “Stand Your Ground” was passed by the Florida legislature in 2005. The measure turned age-old self-defense principle on its head by allowing persons to use deadly force to defend themselves, without first trying to retreat, if they have a reasonable belief that they face a threat.

The law’s template was then adopted by the American Legislative Exchange Council, a nonprofit organization made up of corporations, foundations and legislators that advance federalist and conservative public policies, authorities said. Since Florida passed the law, similar measures have been introduced in one form or another in about 30 states, usually those with state legislatures dominated by Republicans.

“That law gives law-and-order activists, right-wingers and vigilantes an arguable basis for defense and opens up a pathway for unjust dispositions of justice because it allows civilians to shoot first and make certain determinations later,” said Dwight Pettit, 67, a renowned Black attorney in Baltimore.

Pettit drew comparisons to police-involved shootings of African Americans when the officers make claims such as “I was in fear for my life,” or “I thought he was reaching for his gun,” and are exonerated. He said he discusses the phenomenon in his soon-to-be-released book Under Color of Law.

“Blacks don’t fare well with these laws at all,” Pettit said. “It’s another lessening of protection for African Americans.”

An analysis conducted by the Tampa Bay Times last year showed that defendants in Florida who employ the “Stand Your Ground” defense are more successful when the victim is Black. In its examination of 200 applicable cases, the Times found that 73 percent of those who killed a Black person were acquitted, compared to 59 percent of those who killed a White.

Similarly, an analysis of Supplemental Homicide Reports submitted by local law enforcement to the FBI between 2005 and 2010 demonstrates that in cases with a Black shooter and a White victim, the rate of justifiable homicide rulings is about 1 percent. However, if the shooter is White and the victim is Black, it is ruled justified in 9.5 percent of cases in non-Stand Your Ground (SYG) states.

In SYG states, the rate is even higher—almost 17 percent, according to John Roman of the Urban Institute.

The trends could partly explain Zimmerman’s verdict, some legal experts said. While his defense team did not invoke the law, Circuit Court Judge Debra Nelson introduced the principle in her instructions to the jury.

“If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony,” she said in her instructions to the jury of one Hispanic and five White women.

To police officers and prosecutors in Sanford, Fla.—who had initially decided not to charge Zimmerman—and to jurors in the case, Zimmerman’s “fear” of Trayvon Martin, a hoodie-wearing Black teenager, likely appeared to be justified, Fischer said.

“If you have a case like George Zimmerman, who is part White, alleging that a young Black male is a threat to him, a lot of times law enforcement would agree that such as person did [constitute] a threat because of the biases and presumptions about Black males, in particular, which exist in society,” he said.

Conversely, Stand Your Ground laws are less accommodating of Black defendants. Such was the case of successful African-American businessman John McNeil who was found guilty of aggravated assault and felony murder in Georgia in 2006 in connection with the fatal shooting of White contractor Brian Epp. McNeil said Epp threatened him and his son during a hostile encounter after going onto McNeil’s property to confront him. He was released earlier this year on time served.

Similarly, in July 2012, Marissa Alexander, 31, the mother of three, was given a 20-year mandatory sentence for an aggravated assault conviction for firing a warning shot into the air in the garage of her home at her abusive husband. Alexander said the man was moving toward her as she attempted to retreat from him when she fired the shot. He was not injured.

Florida Sen. Gary Siplin (D) said the Alexander case was his motivation to attempt to get the Stand Your Ground law overturned. He was unsuccessful, however, because “there are more Democrats in Florida, but more Republicans [are] in charge and they don’t want to change the law,” he told the AFRO.

Working toward a repeal of the laws would be a positive outcome or response to the verdict in the George Zimmerman case, Fischer said.

He said, “People have to vote and elect legislators that would support more just laws that protect the rights of all people instead of just a few.”

In the meantime, many officials are vowing to examine the laws and work toward their repeal, if necessary.

“It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” U.S. Attorney General Eric Holder said in a speech to the NAACP on July 16. “By allowing, and perhaps encouraging, violent situations to escalate in public, such laws undermine public safety.”

The Trayvon Martin case “opened up a nationwide inquiry into the appropriateness and efficacy of Stand Your Ground laws,” said Commissioner Michael Yaki, of the U.S. Commission on Civil Rights, who initiated the body's investigation into racial bias in the application of such laws. He said the commission is committed to investigating the laws.

Yaki said, “To honor Trayvon and his family, we will continue this inquiry with resolve and renewed purpose.”

Prominent Black Lawyers Debate Zimmerman Verdict by Zenitha Prince

July 21, 2013

Prominent Black Lawyers Debate Zimmerman Verdict 
By Zenitha Prince

gavelandscales

Special to the Trice Edney News Wire from the Afro American Newspaper
(TriceEdneyWire.com) - Black legal experts have conflicting opinions on the outcome of the trial of George Zimmerman, who was accused of killing 17-year-old Trayvon Martin during an altercation on the night of Feb. 26, 2012, in Sanford, Fla.

A six-member, all-female jury comprising five Whites and one Hispanic on July 13 acquitted the 29-year-old on the charges of second-degree murder and manslaughter in the shooting death of the unarmed Black teen.

The verdict has spawned both satisfaction and outrage, with crowds taking to the streets around the country, decrying the case’s underlying issues of racial profiling and equal justice.

“A lot of people in our (the Black) community are still stunned by the outcome, including me,” said Glenn Ivey, 52, former state’s attorney for Prince George’s County, Md. “I never thought they would get a second-degree murder charge out of this but I thought there was enough information to support manslaughter.”

Most legal experts agree that second-degree murder was a stretch, given the evidence. But some, unlike Ivey, said even a manslaughter conviction was too much to hope for.

“I didn’t think there was any chance for Trayvon to get justice,” said Warren Brown, a well-known criminal defense lawyer, who has practiced in Baltimore for 33 years. He added, “And unfortunately what happened to Trayvon happens all the doggone time in thousands of cases per week in courts around the country. It is reality.”

Some of the experts agreed that race had a significant, though insidious, role in the case’s result.

“Even though race was never explicitly mentioned, it was pretty obvious that it was on everyone’s mind. It was the elephant in the room for sure, and the defense took advantage of that,” said Ivey, also a former federal prosecutor, who is currently practicing criminal defense law with a Washington, D.C.-based firm. “If this had been the other way around, if Trayvon Martin had been accused of killing George Zimmerman and had stood trial before an all-White jury, Martin would have been convicted, at least on manslaughter.”

A. Dwight Pettit, a renowned Black attorney who has practiced law in Baltimore for four decades, agreed that race played a role, as evidenced in the jury selection, which he believes was a pivotal factor to the trial’s outcome.

“I may be from the old school, but I believe when you step across certain lines into these jurisdictions, justice changes dramatically,” the 67-year-old civil rights and criminal defense attorney said. “From the beginning I felt they had a difficult time in that jurisdiction empanelling a jury of Trayvon’s peers.”

William "Billy" Murphy, senior partner of Murphy, Falcon and Murphy said: "One of the problems with the Trayvon Martin case was that not enough Blacks who live in that jurisdiction were called for jury duty or participated in the process. To what extent then must we take responsibility for that jury being all-White?"

"If a man is 95 percent guilty then he's supposed to get off--that's the way the American justice system works. there must not be a reasonable doubt," Murphy said. "You take that, plus the stand your ground law, and it's a party."

"Since none of us were there, the prosecutor has to recreate what happened beyond a reasonable doubt," he said.

A. Scott Bolden, managing partner with the D.C.-based law firm Reed Smith, disagreed that the racial makeup of the jury necessarily impacted the outcome.

The six jurors all showed evidence of being “thoughtful” and “hard-working” he said, given their requests to review evidence and their questions about the charges during deliberation.

The problem, he said, was the lack of solid witnesses. Several of the state’s witnesses even proved counterproductive to their case, such as the witnesses who waffled on whether the voice heard screaming on the tape was Trayvon’s.

“The prosecution had a very tough case because there were no witnesses that could say definitively that happened during this altercation,” Bolden said. “The only witness they had left was Zimmerman – Trayvon Martin was dead – and Zimmerman refused to take the stand.”

The prosecution made a “calculated” decision to play Zimmerman’s taped interviews in an attempt to undermine his credibility. But, without an actual cross-examination, it was difficult to do so, experts said.

“I think if the prosecution had forced Zimmerman to take the stand, and if they did a good job cross-examining him, the case could have turned out differently,” Bolden concluded.

The prosecution made several missteps, many of the legal experts agreed, beginning with the initial investigation.

“There was a lot of damage that had already been done before the case came to trial,” Brown said.

“The decision of the prosecution, initially, was not to bring charges. So when they decided to prosecute the case, they were stuck with the mess they had already created.”

Given the dearth of evidence collected and the conflicting testimony given by the witnesses, the prosecutors essentially were “trying to fit a square peg into a round hole,” Brown said.

“The jury had to determine if the state proved its proposition beyond a reasonable doubt. [But] this case was rigged with reasonable doubt about what happened, and without that clarity, the jury had no choice but to check off ‘not guilty,’” the 60-year-old attorney added.

With Zimmerman’s acquittal in the criminal trial, Martin’s parents could seek justice for their son’s slaying in a civil suit.

“The civil case is really a better venue to determine the truth of what occurred,” Bolden said. “Zimmerman’s credibility would be severely tested” during deposition and testimony.

Alternatively, other activists are pursuing other means of correcting what they see as a wrong.

The NAACP has launched a petition calling on the Justice Department to file civil charges against Zimmerman. The petition, which is also posted on the website of MoveOn.org, had almost a half-million signatures as of July 16.

“It is time for the Department of Justice to act,” read the online petition addressed to Attorney General Eric Holder, which was posted right after the verdict was announced.

“The most fundamental of civil rights — the right to life — was violated the night George Zimmerman stalked and then took the life of Trayvon Martin,” it continued.

“We ask that the Department of Justice file civil rights charges against Mr. Zimmerman for this egregious violation.”

Bolden said if the department agrees, it would likely charge Zimmerman with criminal violation of Trayvon’s civil rights under Title 42, the hate crime statute.
“Given their resources, the fact that the charges would be different and racial profiling would be front and center, their case could be more successful,” Bolden said.

Brown, however, said the evidence and witnesses testimonies are still too spotty for a successful conviction.

“I don’t think the Justice Department will take it,” he said. “I don’t think any lawyer who looks at the evidence and the witnesses would take on this case.”

Social Media Watch: Twitter, Facebook Explode After Zimmerman Verdict by Shayla Mulzac

Social Media Watch: Twitter, Facebook Explode After Zimmerman Verdict
By Shayla Mulzac

shayla mulzac

Shayla Mulzac

(TriceEdneyWire.com) - Editor’s Note: In the wake of the George Zimmerman verdict in the killing of unarmed teenager Trayvon Martin, Trice Edney News Wire intern, Shayla Mulzac, a senior in the Howard University School of Communications, was assigned to monitor her Facebook and Twitter accounts for reactions from her peers.

With Facebook first names removed for privacy and authentic social media language in tack, the following is an unedited compilation of some of the more pointed comments, illustrating anger and disbelief, but also a diversity of opinions and ways to take action:

  • “The good thing about the Zimmerman Case, is that our kids will be learning about this in school and discussing the morality of it. The more they know.”- Nicholas, Facebook.
  • “The gun George Zimmerman used to kill Trayvon Martin will be returned to him. ‪#WTF ‪#Zimmerman goes free wheres the justice? No Justice? ‪#War-@DJKingAssasin,Twitter
  • “How in the hell did Zimmerman's defense fund raise $450,000 and Trayvon Martin's foundation only raised $150,000?? Everyone is sitting here appalled by the verdict but in actuality what are we as African Americans really doing? Voicing your opinions on social networks isn't going to change anything. Show your support where it actually counts. We can't expect other people to care about us when in actuality we don't even care about ourselves. Everyone's saying "Oh I wanna kill Zimmerman" etc. Thats our problem! Act like an animal, get treated like an animal. You can't fight ignorance with ignorance. Have a problem with the verdict? Become the next best lawyer and never allow this to happen again. Thought Rachel Jeantel sounded uneducated? Educate our youth because they are the future of tomorrow. It is a disgrace that this young lady could barely speak a proper sentence. Why in the United States of America are there students who are not being properly educated? Everyone was laughing at her lack of education but what are we doing to change this?! We as African American have to do better. If your not going to take a stand and help better our race just sit down. A lot of people are bothered by this case today, but will shoot up a BBQ tomorrow. I don't wanna hear it. We SERIOUSLY have to do better black people. With that being said, if you want to make a difference sign the NAACP petition to file civil rights charges in support of Trayvon Martin.”- Stephanie, Facebook
  • “After yesterday's verdict, I have never been so motivated to be phenomenal. It's okay with me that being a black male in this country means my life is nothing because through nothing is how you become something and if we aren't something after all we have done for this country already just imagine what we are capable of. Time to live up to that infinite potential God has blessed with. Let's be phenomenal and not forgotten!!!!!!!” - Brandon, Facebook
  • “I find it fitting that George Zimmerman will spend the rest of his life terrified that the guy behind him is a vigilante with a gun.”- @Morgan_murphy, Twitter
  • “Zimmerman's biggest verdict is on Judgement Day. What he deserves he will undoubtedly receive.”- @MaybachMusicGrp, Twitter
  • “Trayvon Martin supporters have suggested his parents will file wrongful-death civil lawsuit against Zimmerman: ‪http://apne.ws/1bAuoqA “-
  • “Zimmerman was bored so he decided to go outside and play, I'm a cop!!” – Shalanda Sharise, Facebook
  • “As I lay here this morning in the wake of the verdict, I hold my boyfriend close. I pray for all the males in my family, past, present and future. What if I son? How will I explain the injustices of this world? Why should I have to tell him that he has to be particularly careful in everything that he does and everything he wears because his life is not valued? All I can do right now is pray. Pray for God to grant us peace and understanding. ‪#‎IStillHaveHopeBecauseIHaveTo - Kristal, Facebook
  • “Instead of saying "I am Trayvon Martin" it will do more good to recognize the ways in which you are George Zimmerman” - @unatronic, Twitter
  • “The night light in my room casted a shadow that looked like Trayvon Martin's hoodie on my wall. I had to sleep under the covers last night.” - @Dare_Re_Ya, Twitter
  • “Lets thank Florida for validating the "He snuck up on me when I was following him from behind" defense. ‪#trayvonmartin” - @ItsDJPhenom, Twitter
  • “If George Zimmerman would've stayed in his car and observed Travyon Martin from a distance, Trayvon Martin would be alive. ‪#RipTrayvonMartin” - @SVG2diw0rld
  • “If George ‪#Zimmerman had not had a gun, he'd have never got out of his car that night, and Trayvon Martin would still be alive.” –  @brownskin_lo, Twitter
  • “heart broken for the Martin Family. This world we live in is sick, smh praying for the family & trusting God has a reason.” - @PAMH, Twitter
  • “Welcome to America where young Black men are killed daily and nothing is done about it. May God be with The Martin family ‪#RIPTrayvonMartin” - @Gary_Sethi, Twitter
  • Trayvon Martin Gets No Justice And Yet Y'all Wonder Why Black People Commit Most Crimes In Our Society... ‪#NoJustice ‪#RipTrayvonMartin - @
  • “Had Zimmerman listened to the dispatcher and not try to be a police officer, trayvon would still be here. ‪#RipTrayvonMartin”- @PreciousMonet_
  • “Wow. So Florida... just to be clear, when is it NOT okay to track down and shoot an unarmed teenager? ‪#RipTrayvonMartin”- VanessaMorgan , Twitter

Story I of an 11-Story Series on Race in America - Past and Present America's Twentieth-Century Slavery by Douglas A. B lackmon

Story I of an 11-Story Series on Race in America - Past and Present America's Twentieth-Century Slavery

The horrifying, little-known story of how hundreds of thousands of 
Blacks worked in brutal bondage right up until World War II.

By Douglas A. Blackmon

doug blackmon

Doug A. Blackmon

kellogg story 1 graphic
A cry for help: Having exhausted all other options, a desperate young woman named Carrie Kinsey wrote this letter directly to President Theodore Roosevelt asking him to help her brother, who had been taken to a forced labor camp nearby. "Let me have him," she writes. "He have not don nothing for them to hase him in chanes."

(TriceEdneyWire.com) - On July 31, 1903, a letter addressed to President Theodore Roosevelt arrived at the White House. It had been mailed from the town of Bainbridge, Georgia, the prosperous seat of a cotton county perched on the Florida state line.

The sender was a barely literate African-American woman named Carrie Kinsey. With little punctuation and few capital letters, she penned the bare facts of the abduction of her 14-year-old brother, James Robinson, who a year earlier had been sold into involuntary servitude.

Kinsey had already asked for help from the powerful White people in her world. She knew where her brother had been taken-a vast plantation not far away called Kinderlou. There, hundreds of Black men and boys were held in chains and forced to labor in the fields or in one of several factories owned by the McRee family, one of the wealthiest and most powerful in Georgia. No White official in this corner of the state would take an interest in the abduction and enslavement of a Black teenager.

Confronted with a world of indifferent White people, Mrs. Kinsey did the only remaining thing she could think of. Newspapers across the country had recently reported on a speech by Roosevelt promising a "square deal" for Black Americans. Mrs. Kinsey decided that her only remaining hope was to beg the president of the United States to help her brother.

"Mr. Prassident," she wrote. "They wont let me have him.... He hase not don nothing for them to have him in chanes so I rite to you for your help."

Considered more than a century later, her letter courses with desperation and submerged outrage. Yet when received at the White House, it was slipped into a small rectangular folder and forwarded to the Department of Justice. There, it was tagged with a reference number, 12007, and filed away. Teddy Roosevelt never saw it. No action was taken. Her words lie still at the National Archives just outside Washington, D.C.

As dumbfounding as the story told by the Carrie Kinsey letter is, far more remarkable is what surrounds that letter at the National Archives. In the same box that holds her grief-stricken missive are at least half a dozen other pieces of correspondence recounting other stories of kidnapping, perversion of the courts, or human trafficking-as horrifying as, or worse than, Carrie Kinsey's tale. It is the same in the next box on the shelf. And the one before. And the ones on either side of those. And the next and the next. And on and on. Thousands and thousands of plaintive letters and grimly bureaucratic responses-altogether at least 30,000 pages of original material-chronicle cases of forced labor and involuntary servitude in the South decades after the end of the Civil War.

"i have a little girl that has been kidnapped from me ... and i cant get her out," wrote Reverend L. R. Farmer, pastor of a Black Baptist church in Morganton, N.C. "i want ask you is it law for people to whip (col) people and keep them and not allow them to leave without a pass."

A farmer near Pine Apple, Ala., named J. R. Adams, writing of terrible abuses by the dominant landowning family in the county, was one of the astonishingly few White southerners who also complained to the Department of Justice. "They have held negroes ... for years," Adams wrote. "It is a very rare thing that a negro escapes."

A similar body of material rests in the files of the National Association for the Advancement of Colored People, the one institution that undertook any sustained effort to address at least the most terrible cases. Dwarfing everything at those repositories are the still largely unexamined collections of local records in courthouses across the South. In dank basements, abandoned buildings, and local archives, seemingly endless numbers of files contain hundreds of thousands of handwritten entries documenting in monotonous granularity the details of an immense, metastasizing horror that stretched well into the twentieth century.

By the first years after 1900, tens of thousands of African-American men and boys, along with a smaller number of women, had been sold by southern state governments. An exponentially larger number, of whom surviving records are painfully incomplete, had been forced into labor through county and local courts, backwoods justices of the peace, and outright kidnapping and trafficking. The total number of those re-enslaved in the seventy-five years between the end of the Civil War and the beginning of World War II can't be precisely determined, but based on the records that do survive, we can safely say it happened to hundreds of thousands. How many more African- Americans circumscribed their lives in dramatic ways, or abandoned all to flee the South entirely, to avoid that fate or mob violence? It is impossible to know. Millions. Generations.

This is not an easy story for Americans to receive, much less accept. The idea that not just civil rights but basic freedom itself was denied to an enormous population of African-Americans until the middle of the twentieth century fits nowhere in the triumphalist, steady-progress, greatest-generations accounts we prefer for our national narrative. That the thrilling events depicted in Steven Spielberg's recent film Lincoln-the heroic, frenzied campaign by Abraham Lincoln leading to passage of the Thirteenth Amendment abolishing slavery-were in fact later trumped not just by discrimination and segregation but by the resurrection of a full-blown derivative of slavery itself.

This story of re-enslavement is irrefutably true, however. Indeed, even as Spielberg's film conveys the euphoria felt by African-Americans and all opposed to slavery upon passage of the amendment in 1865, it also unintentionally foreshadows the demise of that brighter future. On the night of the amendment's passage in the film, the African American housekeeper and, as presented in the film, secret lover of the abolitionist Congressman Thaddeus Stevens, played by the actress S. Epatha Merkerson, reads the amendment aloud. First, the sweeping banishment of slavery. And then, an often overlooked but powerful prepositional phrase: "except as a punishment for crime."

It began with Reconstruction. Faced with empty government coffers, a paralyzing intellectual inability to contemplate equitable labor arrangements with former chattel, profound resentment against the emancipated freedmen, and a desperate economic need to force Black workers back into the fields, White landowners and government officials began using the South's criminal courts to compel African Americans back into slavery.

In the first years after the Civil War, even as former slaves optimistically swarmed into new schools and lined up at courthouses at every whisper of a hope of economic independence, the Southern states began enacting an array of interlocking laws that would make all African-Americans criminals, regardless of their conduct, and thereby making it legal to force them into chain gangs, labor camps, and other forms of involuntarily servitude. By the end of 1865, every Southern state except Arkansas and Tennessee had passed laws outlawing vagrancy and defining it so vaguely that virtually any freed slave not under the protection of a White man could be arrested for the crime. An 1865 Mississippi statute required Black workers to enter into labor contracts with White farmers by January 1 of every year or risk arrest. Four other states legislated that African Americans could not legally be hired for work without a discharge paper from their previous employer-effectively preventing them from leaving the plantation of the White man they worked for.

After the return of nearly complete White political control in 1877, the passage of those laws accelerated. Some, particularly those that explicitly said they applied only to African-Americans, were struck down in court appeals or through federal interventions, but new statutes embracing the same strictures on Black life quickly replaced them. Most of the new laws were written as if they applied to everyone, but in reality they were overwhelmingly enforced only against African- Americans.

In the 1880s, Alabama, North Carolina, and Florida passed laws making it a crime for a Black man to change employers without permission. It was a crime for a Black man to speak loudly in the company of a White woman, a crime to have a gun in his pocket, and a crime to sell the proceeds of his farm to anyone other than the man he rented land from. It was a crime to walk beside a railroad line, a crime to fail to yield a sidewalk to White people, a crime to sit among Whites on a train, and it was most certainly a crime to engage in sexual relations with-or, God forbid, to show true love and affection for-a White girl.

And that's how it happened. Within a few years of the passage of these laws, tens of thousands of Black men and boys, and a smaller number of Black women, were being arrested and sold into forced labor camps by state officials, local judges, and sheriffs. During this time, some actual criminals were sold into slavery, and a small percentage of them were White. But the vast majority were Black men accused of trivial or trumped-up crimes. Compelling evidence indicates that huge numbers had in fact committed no offense whatsoever. As the system grew, countless White farmers and businessmen jostled to "lease" as many Black "criminals" as they could. Soon, huge numbers of other African-Americans were simply being kidnapped and sold into slavery.

The forced labor camps they found themselves in were islands of squalor and brutality. Thousands died of disease, malnourishment, and abuse. Mortality rates in some years exceeded 40 percent. At the same time, this new slavery trade generated millions of dollars for state and local governments-for many years it was the single largest source of income for the state of Alabama. As these laws and practices expanded across the South, they became the primary means to terrorize African- Americans, and to coerce them into going along with other exploitative labor arrangements, like sharecropping, that are more familiar to twenty-first-century Americans

This was the terrifying trap into which Carrie Kinsey's young brother had been drawn. After a trip through the counties near Kinsey's home, W. E. B. Du Bois, who was then teaching at Atlanta's Morehouse College, described in 1905 one such convict farm. "It is a depressing place-bare, unshaded, with no charm of past association, only a memory of forced human toil-now, then, and before the war," he wrote. He described Black farmworkers who never saw wages because charges for rent and food always exceeded any compensation. "A dismal place it still remains, with rows of ugly huts filled with surly ignorant tenants," Du Bois wrote. "And now and then it blazes forth in veiled but hot anger."

Du Bois could easily have been describing Kinderlou, where Kinsey's brother was taken. Encompassing 22,000 acres, it was an enterprise that dwarfed any antebellum definition of the word "plantation." Owned by state Representative Edward McRee and his brothers, Kinderlou was an unparalleled center of economic and political power in Georgia. By 1900, the siblings had inherited the enterprise from their father, a noted Confederate officer named George McRee. Each lived in a lavish mansion within a square mile of the center of the plantation, basking in the subtropical warmth of the Gulf Coast.

Between them, an empire bustled with enslaved laborers. Consuming the bulk of an entire county, Kinderlou included thousands of acres of lushly fertile sandy loam, and thousands more of dense pine and hardwood. On a private spur of the Atlantic Coast Line Railroad thrust into the center of the plantation, dozens of boxcars waited at all times for the hundreds of thousands of bushels of tomatoes, watermelons, cantaloupes, corn, tobacco, and cotton. The McRees owned their own cotton gins, compresses to make bales, and warehouses to store enormous quantities of lint. A five-horsepower steam engine ground the plantation's sugarcane to make syrup. Five 80-foot-long barns were built to cure tobacco, and a factory produced thousands of pallets, wooden crates, and baskets for shipping produce. Deep in the forests, McRee turpentine camps collected rosin for their naval stores distillery.

Initially, the McRees hired only free Black labor, but beginning in the 1890s they routinely leased a hundred or more convicts from the state of Georgia to perform the grueling work of clearing land, removing stumps, ditching fields, and constructing roads. Other prisoners hoed, plowed, and weeded the crops. Over the course of fifteen years, thousands of men and women were forced to Kinderlou and held in stockades under the watch of armed guards. After the turn of the century, the brothers began to arrange for even more forced laborers through the sheriffs of nearby counties in Georgia and Florida-fueling what eventually grew into a sprawling traffic in humans

A Black worker in 1904 described to a journalist how he arrived at the farm at age 10 as a free laborer. A few years later, he attempted to leave to work at another plantation. Before sundown on the day of his departure, one of the McRees and "some kind of law officer" tracked him down. The new employer apologized to the McRees for hiring the young worker, saying he would never have done so if he had known "this nigger was bound out to you."

"So I was carried back to the Captain's," the man said later. "That night he made me strip off my clothing down to my waist, had me tied to a tree in his backyard, ordered his foreman to gave me thirty lashes with a buggy whip across my bare back, and stood by until it was done."

When his labor contract finally expired after a decade, the man was told he could leave Kinderlou, so long as he could pay his accumulated debt at the plantation commissary-$165, the rough equivalent of two years' labor for a free farmer. Unable to do so, of course, he was compelled to sign a contract promising to work on the farm until the debt was paid, but now as a convict.

He and other "prison laborers" slept each night in the same clothes they wore in the fields, on rotting mattresses infested with pests. Many were chained to their beds. Food was crude and minimal. The disobedient were tied to a log lying on their backs, while a guard spanked their bare feet with a plank of wood. After a slave was untied, if he could not return to work on his blistered feet, he was strapped to the log again, this time facedown, and lashed with a leather whip. Women prisoners were held across a barrel and whipped on their bare bottoms.

In the summer of 1903, the assistant U.S. attorney in Macon, Georgia, began a brief investigation into Kinderlou's army of Black laborers held against their will. He discovered that the brothers had arrangements with sheriffs and other officers in at least six other Georgia counties. These law enforcement officials would seize Blacks on the grounds that they were "committing crimes," often specious and sometimes altogether made up, and then sell them to the McRees and other businessmen, without ever going through the regular processes of the criminal courts. When the McRees learned of the investigation, they hastily freed the workers being held involuntarily. At least forty fled immediately.

James Robinson, the brother of Carrie Kinsey, may have been one of them, though federal officials never connected her allegations to the Kinderlou investigation. Even if Kinsey's brother's case had been investigated, her letter misspelled the name of the plantation.

In November 1903, a grand jury indicted the McRee brothers on 13 specific counts of holding African-American men and women illegally. Many of those enslaved had never been charged or tried in any fashion. Several public officials were indicted for conspiring to buy and sell Blacks arrested on trivial or fabricated charges and then turning them over to the McRees. Sheriff Thomas J. McClellan, resorting to an audacious legal defense employed repeatedly in the handful of slavery cases brought by federal officials in the early twentieth century, argued that since no federal law specifically made slavery a crime, he could not be guilty of violating it. In effect, he claimed slavery was not illegal in the United States.

A member of the U.S. Congress submitted a legal brief in support of the sheriff, and prominent state officials sat at the defendants' table during a hearing on a challenge to their charges. Across Georgia, operators of lumber camps, where thousands of other men were being held under similarly dubious circumstances, watched the proceedings closely. Appearing with his brothers before a Savannah courtroom, Edward McRee assured the judge that while his family had held many African Americans in the four decades since slavery's abolition, they had never intended to enslave anyone or break the law. "Though we are probably technically guilty we did not know it," he told the court. "This custom has been [in] existence ever since the war.... We never knew that we were doing anything wrong."

The judge, hoping to avoid inflaming the anger of local whites, dispensed symbolic punishments. The McRees were allowed to plead guilty and pay a token fine of $1,000. In the wake of that trial and other failed prosecutions in the first years of the century, the U.S. Department of Justice turned a blind eye to such practices for the next 40 years. Only the advent of World War II, a declining need for low-skill laborers, and a new era of federal prosecution would finally bring a true end to American slavery.

More than 100 years after Carrie wrote her letter, I received an unexpected call from a man who identified himself as Bernard Kinsey. He believed he was one of Carrie's cousins.

Her letter had haunted me through years of research for the book I wrote on re-enslavement. What those few lines conveyed-the seizure of a teenage boy and his sale to a powerful businessman, the abject refusal of authorities to assist her, the brutalization of thousands of other Blacks on the same plantation, the heroism of Carrie in seeking the aid of President Roosevelt, and, finally, the futility of her letter-captured the entire epic tragedy of Black life in the rural South in the time between the Civil War and World War II. Even to this day, I find myself turning back to her story, resifting census records and cemetery records, looking for the fate of her brother. Did he escape? Did he die at Kinderlou? The answer still eludes me.

Bernard Kinsey represented the counter story. He told me that the Kinsey family fled to Florida not long after the McRee trial of 1903. Bernard's father opened one grocery store. Then more. Bernard graduated from Florida A&M University in 1967, and a few years later he became one of the first Black employees of Xerox Corp. Twenty years later, he retired as a senior executive, one of more than 10,000 African Americans at the company. He then became a major civic leader in Los Angeles, a successful entrepreneur and philanthropist, and one of the leading collectors of African- American art and artifacts in the U.S.

Here was the valiance of African-Americans who persevered against immeasurable odds. Here was the miracle that American society survived its sweeping betrayal of its own values, its collective dishonoring and debasement of Lincoln's achievement, the euphoric crowds of 1865 and all those who had died in the Civil War. Ultimately, it is only in a full revelation of all three narratives-of Lincoln and the Thirteenth Amendment, of re-enslavement and the failure of American character, and of the slow ongoing resurrection of our values through the struggle of citizens such as Bernard Kinsey-that we can begin to understand the progress we have made, and the progress we have yet to achieve.

A few weeks after the publication of my book, the great-great-granddaughter of a White industrialist and enslaver of thousands in Atlanta wrote me to describe her pain at discovering a personal connection to these events-and the importance of not looking away from them.

"We did not know of any of this before," she wrote. "But I believe that the ghosts of slavery and racism and the terrorism inflicted within our own country must not be hidden away but brought out into the open.... Without the whole truth, we live only in illusions."

Douglas A. Blackmon is the author of the Pulitzer Prize-winning "Slavery by Another Name: The Re-enslavement of Black Americans from the Civil War to World War II." He teaches at the University of Virginia's Miller Center and is a contributing editor at the Washington Post. This article, the first of an 11-part series on race, is sponsored by the W. K. Kellogg Foundation and was originally published by the Washington Monthly Magazine.

Black America: ‘We Won’t Forget Trayvon…It’s Not Over’ By Hazel Trice Edney

Black America: ‘We Won’t Forget Trayvon…It’s Not Over’
By Hazel Trice Edney

trayvoninhood

(TriceEdneyWire.com) – Despite historic profiling and brutality of Blacks in America, the “not guilty” verdict of Trayvon Martin killer George Zimmerman continues to stun millions this week as Black leaders vow to seek justice.

Black Americans, joined by significant numbers of Whites, have taken to the streets, social media, and even the pulpit for comfort after witnessing a smiling Zimmerman shake hands with his attorneys, embrace his wife and parents in the courtroom and walk free. The shooting death of the unarmed teenager innocently walking through his neighborhood with a can of ice tea and a bag of Skittles will no doubt be documented among America’s greatest racial tragedies of the 21st Century.

“Trayvon Martin was not on trial, but after being killed on February 26 by George Zimmerman, was strangled again in the trial of Zimmerman,” said Harvard Law Professor Charles Ogletree. “We won't forget Trayvon, his birthday or the day that he was killed…Trayvon Martin will be a legacy like Emmett Till. This tragic event will go down in history as an unforgivable death of an unarmed Black child.”

Martin's father, Tracy Martin, and mother, Sybrina Fulton, were in the courtroom most of the time, but on the night of the verdict, they were both absent. Early Monday they both issued statements.

She said, "Dear Lord, During my darkest hour, I lean on you. You are all that I have."

He said, "Even though I am broken hearted my faith is unshattered. I will always love my baby, Tray."

Meanwhile the NAACP, meeting in Orlando this week, has placed its hopes into possible U. S. Department of Justice charges against Zimmerman for allegedly violating Martin’s civil rights. The Justice Department is already investigating.

“Today, justice failed Trayvon Martin and his family,” said NAACP Chair Roslyn M. Brock in a statement. “We call immediately for the Justice Department to conduct an investigation into the civil rights violations committed against Trayvon Martin. This case has re-energized the movement to end racial profiling in the United States.”

NAACP President/CEO Benjamin Todd Jealous said, “We will pursue civil rights charges with the Department of Justice, we will continue to fight for the removal of Stand Your Ground laws in every state, and we will not rest until racial profiling in all its forms is outlawed.”

Responding to the threat of a Justice Department charge, defense attorney Mark O'Mara told CNN, “We will seek and we will get immunity from a civil hearing.” Florida’s Stand Your Ground self-defense law reportedly allows defendants protection against law suit; therefore O’Mara says he will fight for protection under that law.

The NAACP’s statements were among a string of reactions from civil rights organizations following the jury of six women deliberated 15 hours before returning the verdict of not guilty late Saturday night.

The verdict followed nearly three weeks of riveting court testimony that included 56 witnesses and a piecing together of the details of the struggle that ensued after Zimmerman followed the teen, telling a 911 operator that he was suspicious and asserted “[F’king] punks. They always get away.” Millions watched the trial and the verdict on live television Saturday night. On Sunday morning – from coast to coast – many pastors took to their pulpits compelled to address the hurt and confusion that spilled over into coast to coast protests this week.

“This is a sobering wake up call, as I shared with my congregation,” said the Rev. Jamal-Harrison Bryant, pastor of Baltimore’s Empowerment Temple and former NAACP youth director, in an interview. “This generation really hadn’t been confronted with racism in an overt way. Everything that the Hip Hop generation really knows about racism has been from footage and from books. We weren’t there for Emmett Till or for Medgar Evers so the killing of Trayvon is really a wakeup call that it is really our time to take the baton.”

Bishop Noel Jones of the City of Refuge near Los Angeles reminded, “We had to protest to get them to arrest the fellow.” Zimmerman was initially on interviewed by police Feb. 26, 2012 and walked free for 44 days until Martin’s parents contacted national civil rights leaders Revs. Jesse Jackson and Al Sharpton. After they held a march in Sanford, Zimmerman was arrested.

Even President Obama, who once said if he had a son, “he’d look like Trayvon,” weighed in, pleading for peace.

“The death of Trayvon Martin was a tragedy.  Not just for his family, or for any one community, but for America,” the President said in a statement. “I know this case has elicited strong passions.  And in the wake of the verdict, I know those passions may be running even higher.  But we are a nation of laws, and a jury has spoken.  I now ask every American to respect the call for calm reflection from two parents who lost their young son.  And as we do, we should ask ourselves if we’re doing all we can to widen the circle of compassion and understanding in our own communities.  We should ask ourselves if we’re doing all we can to stem the tide of gun violence that claims too many lives across this country on a daily basis.  We should ask ourselves, as individuals and as a society, how we can prevent future tragedies like this.  As citizens, that’s a job for all of us.  That’s the way to honor Trayvon Martin.”

Many expected the jury of mostly mothers to respond with sensitivity to the killing of an unarmed teenager. But, Jones reminded, “Those same women have to live with the men who have guns all over the place…So, they’re not seeing a son dying, they’re seeing a husband convicted for having shot another Black man.”

The six women were all White except one, reportedly a Black Latina. The members of the jury remained publicly anonymous in days following the verdict. Zimmerman, 29, is the son of a White father and Latino mother. Part of the racial strife is because Martin was apparently profiled because of his race and the fact that he was wearing a black hoodie.

For many, the most memorable testimony will be that of Rachel Jeantel, who was on the phone with Martin when he noticed Zimmerman following him. Jeantel, 19, of Miami, spent two days on the stand giving her testimony of the encounter. She quoted Martin as saying that a "creepy-ass cracker" was following him as he walked through the neighborhood.

Before his phone went dead, she quoted him as asking, "What are you following me for?" and then yelling, "Get off! Get off!"

Amidst foggy and often conflicting testimonies about who actually threw the first blow or initiated the first physical contact, one thing remains clear. That is that the pursuit of justice for Trayvon Martin is far from over.

“Trayvon Martin's father did what any father would do to save his son: send him to a place out of harm’s way: a gated community in suburban Sanford Florida,” said Ogletree, also founder and executive director of the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School.  “I have spent my career as a defense lawyer, but the death of this Black boy makes me wonder whether we will ever end racial profiling.

As long as we talk about racial profiling in America and beyond, we will always remember what happened to Trayvon Martin.”

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