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Obama Applauded for Remarks on Zimmerman Verdict by Hazel Trice Edney

July 21, 2013

Obama Applauded for  Remarks on Zimmerman Verdict
President Suggests Next Steps

By Hazel Trice Edney

officialpresidentialphoto-2013

(TriceEdneyWire.com) – President Barack Obama's surprise address to the nation identifying with the anger and hurt over the Trayvon Martin not-guilty verdict, has won praise from supporters and detractors alike.

As the nation anticipated Saturday’s protests in cities across the nation in response to the not-guilty verdict in the shooting of the unarmed teenager, President Obama walked into the Brady Press Room at the White House around 1:30 on Friday and gave unscripted remarks on racial strife in America that were uniquely personal.

“You know, when Trayvon Martin was first shot I said that this could have been my son.  Another way of saying that is Trayvon Martin could have been me 35 years ago.  And when you think about why, in the African-American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African-American community is looking at this issue through a set of experiences and a history that doesn’t go away,” he said in the 20-minute statement, televised live on some stations.

“There are very few African-American men in this country who haven't had the experience of being followed when they were shopping in a department store.  That includes me.  There are very few African-American men who haven't had the experience of walking across the street and hearing the locks click on the doors of cars.  That happens to me - at least before I was a senator.  There are very few African-Americans who haven't had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off.  That happens often.”

He continued, “And I don't want to exaggerate this, but those sets of experiences inform how the African-American community interprets what happened one night in Florida.  And it’s inescapable for people to bring those experiences to bear.  The African-merican community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws - everything from the death penalty to enforcement of our drug laws.  And that ends up having an impact in terms of how people interpret the case.”

His comments were met with praise from Black leaders, who welcomed his candidate remarks.

“That our president has been profiled should encourage all Americans to think deeply about both the depth of this problem and how our country moves beyond it,” said NAACP President/CEO Benjamin Todd Jealous.  “The President’s call to examine the role state laws, including Stand Your Ground, play in compounding racial profiling is especially welcome. Let us move forward to bring justice for Trayvon Martin and toward a more united nation that is truly safe for all Americans.”

A statement from the Lawyers’ Committee for Civil Rights Under Law also applauded the President:

“As the President eloquently stated - drawing from his own personal experience – African-Americans in this country have experienced a long history of prejudice that led to strong emotional reactions about the Zimmerman verdict, about the jury and about an American justice system that convicts Blacks in significantly larger numbers than whites and other racial groups.”

President Obama’s remarks took some of the sting off of the stunning verdict; especially since he has rarely spoken to race issues and had never used such personal examples. But, not everyone was pleased.

The Zimmerman defense team released a response statement saying the verdict was released “fairly and justly.” The defense’s statement continued that they “acknowledge and understand the racial context of this case,” but added, “We challenge people to look closely and dispassionately at the facts…We believe those who look at the facts of the case without prejudice will see that it is a clear case of self-defense, and we are certain that those who take a closer look at the kind of person George Zimmerman is.” 

Actually, President Obama was careful not to speak negatively of the jury’s verdict.

“The judge conducted the trial in a professional manner.  The prosecution and the defense made their arguments. The juries were properly instructed that in a case such as this reasonable doubt was relevant, and they rendered a verdict. And once the jury has spoken, that's how our system works,” he said.

He said he only intended to put into context the pain of African-Americans in response to the verdict. This strategy drew compliments from at least one of his biggest critics.

Republican Sen. John McCain told CNN’s State of the Union that Obama’s remarks were "very impressive.” McCain added, “I think we continue to make progress…We still have a long way to go."

The NAACP and other civil rights advocates have pressed for federal intervention in the Zimmerman case, including the possibility of a federal civil rights prosecution.  The president was careful not to assert his involvement in Holder’s investigation and announced no upcoming policy proposals to reverse some of the ways that Black are treated. But, he clearly listed what he perceives as some of the answers.

  • Speaking of racial profiling, he said it “would be productive for the Justice Department, governors, mayors to work with law enforcement about training at the state and local levels in order to reduce the kind of mistrust in the system that sometimes currently exists.
  • In reference to the “stand your ground” self-defense laws, he said it “would be useful for us to examine some state and local laws to see if … they are designed in such a way that they may encourage the kinds of altercations and confrontations and tragedies that we saw in the Florida case, rather than diffuse potential altercations.”
  • As a “long term project” he said, “we need to spend some time in thinking about how do we bolster and reinforce our African-American boys.  And this is something that Michelle and I talk a lot about.  There are a lot of kids out there who need help who are getting a lot of negative reinforcement.  And is there more that we can do to give them the sense that their country cares about them and values them and is willing to invest in them?”
  • He was clear that he was not speaking of a new federal program,but hinted that he may call on aspects of the community to discuss next steps.  “I do recognize that as President, I've got some convening power, and there are a lot of good programs that are being done across the country on this front.  And for us to be able to gather together business leaders and local elected officials and clergy and celebrities and athletes, and figure out how are we doing a better job helping young African-American men feel that they're a full part of this society and that they've got pathways and avenues to succeed -  I think that would be a pretty good outcome from what was obviously a tragic situation."
  • The President suggested that open conversations be had about race.  “I think it's going to be important for all of us to do some soul-searching.  There has been talk about should we convene a conversation on race.  I haven't seen that be particularly productive when politicians try to organize conversations.  They end up being stilted and politicized, and folks are locked into the positions they already have.  On the other hand, in families and churches and workplaces, there's the possibility that people are a little bit more honest, and at least you ask yourself your own questions about, am I wringing as much bias out of myself as I can?  Am I judging people as much as I can, based on not the color of their skin, but the content of their character?  That would, I think, be an appropriate exercise in the wake of this tragedy.”

In conclusion, the President urged Americans to become “better angels of our nature” by using the negative episodes to gain greater understanding rather than “heighten divisions.” He said: “We’re becoming a more perfect union; not a perfect union, but a more perfect union.”

Emmett and Trayvon: How Racial Prejudice Has Changed By Elijah Anderson

July 21, 2013

Article II of an 11-part Series on Race in America - Past and Present

Emmett and Trayvon: How Racial Prejudice Has Changed 
By Elijah Anderson

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elijah anderson photo

Elijah Anderson

(TriceEdneyWire.com) - Separated by a thousand miles, two state borders, and nearly six decades, two young African- American boys met tragic fates that seem remarkably similar today: both walked into a small market to buy some candy; both ended up dead.

The first boy is Emmett Till, who was 14 years old in the summer of 1955 when he walked into a local grocery store in Money, Miss., to buy gum. He was later roused from bed, beaten brutally, and possibly shot by a group of White men who later dumped his body in a nearby river. They claimed he had stepped out of his place by flirting with a young White woman, the wife of the store's owner. The second boy is Trayvon Martin, who was 17 years old late last winter when he walked into a 7-Eleven near a gated community in Sanford, Fla., to buy Skittles and an iced tea.

He was later shot to death at close range by a mixed-race man, who claimed Martin had behaved suspiciously and seemed out of place. The deaths of both boys galvanized the nation, drew sympathy and disbelief across racial lines, and, through the popular media, prompted a reexamination of race relations.

In the aftermath of Martin's death last February, a handful of reporters and columnists, and many members of the general public, made the obvious comparison: Trayvon Martin, it seemed, was the Emmett Till of our times. And, while that comparison has some merit-the boys' deaths are similar both in some of their details and in their tragic outcome-these killings must also be understood as the result of very different strains of racial tension in America.

The racism that led to Till's death was embedded in a virulent ideology of White racial superiority born out of slavery and the Jim Crow codes, particularly in the Deep South. That sort of racism hinges on the idea that Blacks are an inherently inferior race, a morally null group that deserves both the subjugation and poverty it gets.

The racial prejudice that led to Trayvon Martin's death is different. While it, too, was born of America's painful legacy of slavery and segregation, and informed by those old concepts of racial order-that Blacks have their "place" in  society-it in addition reflects the urban iconography of today's racial inequality, namely the Black ghetto, a uniquely urban American creation. Strikingly, this segregation of the Black community coexists with an ongoing racial incorporation process that has produced the largest Black middle class in history, and that reflects the extraordinary social progress this country has made since the 1960s. The civil rights movement paved the way for Blacks and other people of color to access public and professional opportunities and spaces that would have been unimaginable in Till's time.

While the sort of racism that led to Till's death still exists in society today, Americans in general have a much more nuanced, more textured attitude toward race than anything we've seen before, and usually that attitude does not manifest in overtly hateful, exclusionary, or violent acts. Instead, it manifests in pervasive mindsets and stereotypes that all Black people start from the inner-city ghetto and are therefore stigmatized by their association with its putative amorality, danger, crime, and poverty. Hence, in public, a Black person is burdened with a negative presumption that he or she must disprove before being able to establish mutually trusting relationships with others.

Most consequentially, Black skin when seen in public, and its association with the ghetto, translates into a deficit of credibility as Black skin is conflated with lower-class status. Such attitudes impact poor Blacks of the ghetto one way and middle-class Black people in another way.

While middle-class Blacks may be able to successfully overcome the negative presumptions of others, lower-class Blacks may not. For instance, all Blacks, particularly "ghetto-looking" young men, are at risk of enduring yet another "stop and frisk" from the police as well as discrimination from potential employers shopkeepers, and strangers on the street. Members of the Black middle class and Black professionals may ultimately pass inspection and withstand such scrutiny; many poorer blacks cannot.

And many Blacks who have never stepped foot in a ghetto must repeatedly prove themselves as non-ghetto, often operating in a provisional status (with something more to prove), in the workplace or, say, a fancy restaurant, until they can convince others-either by speaking "White" English or by demonstrating intelligence, poise, or manners-that they are to be trusted, that they are not "one of those" Blacks from the ghetto, and that they deserve respect. In other words, a middle-class Black man who is, for instance, waiting in line for an ATM at night will in many cases be treated with a level of suspicion that a middle-class White man simply does not experience.

But this pervasive cultural association-Black skin equals the ghetto-does not come out of the blue. After all, as a result of historical, political, and economic factors, Blacks have been contained in the ghetto. Today, with persistent housing discrimination and the disappearance of manufacturing jobs, America's ghettos face structural poverty. In addition, crime and homicide rates within those communities are high, young Black men are typically the ones killing one another, and ghetto culture - made iconic by artists like Tupac Shakur, 50 Cent, and the Notorious B.I.G. - is inextricably intertwined with blackness.

As a result, in America's collective imagination the ghetto is a dangerous, scary part of the city. It's where rap comes from, where drugs are sold, where hoodlums rule, and where The Wire might have been filmed. Above all, to many White Americans the ghetto is where "the Black people live," and thus, as the misguided logic follows, all Black people live in the ghetto. It's that pervasive, if accidental, fallacy that's at the root of the wider society's perceptions of Black people today. While it may be true that everyone who lives in a certain ghetto is Black, it is patently untrue that everyone who is Black lives in a ghetto. Regardless, Black people of all classes, including those born and raised far from the inner cities and those who've never been in a ghetto, are by virtue of skin color alone stigmatized by the place.

I call this idea the "iconic ghetto," and it has become a powerful source of stereotype, prejudice, and discrimination in our society, negatively defining the Black person in public. In some ways, the iconic ghetto reflects the old version of racism that led to Till's death. In Till's day, a Black person's "place" was in the field, in the maid's quarters, or in the back of the bus. If a Black man was found "out of his place," he could be punished, jailed, or lynched. In Martin's day-in our day-a Black person's "place" is in the ghetto. If he is found "out of his place," like in a fancy hotel lobby, on a golf course, or, say, in an upscale community, he may easily be mistaken, treated with suspicion, avoided, pulled over, frisked, arrested-or worse.

Trayvon Martin's death is an example of how this more current type of racial stereotyping works. While the facts of the case are still under investigation, from what is known it seems fair to say that George Zimmerman, Martin's killer, saw a young Black man wearing a hoodie and assumed he was from the ghetto and therefore "out of place" in the Retreat at Twin Lakes, Zimmerman's gated community. Until recently, Twin Lakes was a relatively safe, largely middle-class neighborhood. But as a result of collapsing housing prices, it has been witnessing an influx of renters and a rash of burglaries. Some of the burglaries have been committed by Black men. Zimmerman, who is himself of mixed race (of Latino, Black, and White descent), did not have a history of racism, and his family has claimed that he had previously volunteered handing out leaflets at Black churches protesting the assault of a homeless Black man.

The point is, it appears unlikely that Zimmerman shot and killed Martin simply because he hates Black people as a race. It seems that he put a gun in his pocket and followed Martin after making the assumption that Martin's Black skin and choice of dress meant that he was from the ghetto, and therefore up to no good; he was considered to be a threat. And that's an important distinction.

Zimmerman acted brashly and was almost certainly motivated by assumptions about young black men, but it is not clear that he acted brutally out of hatred for Martin's race. That certainly does not make Zimmerman's actions excusable, Till's murderers acted out of racial hatred.

The complex racially charged drama that led to Martin's death is indicative of both our history and our rapid and uneven racial progress as a society. While there continue to be clear demarcations separating Blacks and Whites in social strata, major racial changes have been made for the better. It's no longer uncommon to see Black people in positions of power, privilege, and prestige, in top positions in boardrooms, universities, hospitals, and judges' chambers, but we must also face the reality that poverty, unemployment, and incarceration still break down largely along racial lines.

This situation fuels the iconic ghetto, including a prevalent assumption among many White Americans, even among some progressive Whites who are not by any measure traditionally racist, that there are two types of Blacks: those residing in the ghetto, and those who appear to have played by the rules and become successful. In situations in which Black people encounter strangers, many often feel they have to prove as quickly as possible that they belong in the latter category in order to be accepted and treated with respect.

As a result of this pervasive dichotomy-that there are "ghetto" and "non-ghetto" Blacks-many middle-class Blacks actively work to separate and distance themselves from the popular association of their race with the ghetto by deliberately dressing well or by spurning hip-hop, rap, and ghetto styles of dress. Similarly, some Blacks, when interacting with Whites, may cultivate an overt, sometimes unnaturally formal way of speaking to distance themselves from "those" black people from the ghetto.

But it's also not that simple. Strikingly, many middle class Black young people, most of whom have no personal connection with the ghetto, go out of their way in the other direction, claiming the ghetto by adopting its symbols, including styles of dress, patterns of speech, or choice of music, as a means of establishing their authenticity as "still Black" in the largely White middle class they feel does not fully accept them; they want to demonstrate they have not "sold out." Thus, the iconic ghetto is, paradoxically, both a stigma and a sign of authenticity for some American Blacks-a kind of double bind that beleaguers many middle-class Black parents.

Despite the significant racial progress our society has made since Till's childhood, from the civil rights movement to the re-election of President Obama, the pervasive association of Black people with the ghetto, and therefore with a certain social station, betrays a persistent cultural lag. After all, it has only been two generations since schools were legally desegregated and five decades since Blacks and Whites in many parts of the country started drinking from the same water fountains.

If Till were alive today, he'd remember when restaurants had "White Only" entrances and when stories of lynchings peppered The New York Times. He'd also remember the Freedom Riders, Martin Luther King Jr., and the Million Man March. He'd remember when his peers became generals and justices, and when a Black man, just 20 years his junior, became president of the United States. As I am writing, he would have been 73 - had he lived.

Elijah Anderson is the William K. Lanman Jr. Professor of Sociology at Yale University. His latest book is The Cosmopolitan Canopy: Race and Civility in Everyday Life. This article, the second of an 11-part series on race, is sponsored by the W. K. Kellogg Foundation and was originally published by the Washington Monthly Magazine.

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

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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.”

Son of Racist Leader Renounces White Nationalism by Mark Potok

July 22, 2013

Son of Klan Leader Renounces White Nationalism
By Mark Potok

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Derek Black, 24, has renounced the racist views of his Klansman father.

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Already, at the tender age of 9, Derek Black was attending racist events like this Nov. 7, 1998, gathering in Jackson, Miss., of the white nationalist Council of Conservative Citizens (CCC), a group that has described black people as a “retrograde species of humanity.” He is pictured here with then-Mississippi Gov. Kirk Fordice, one of few politicians who was then still willing to be seen at CCC events.

Special to the Trice Edney News Wire from the Southern Poverty Law Center

(TriceEdneyWire.com) - Derek Black, son of the former Alabama Klan leader who now runs the largest racist Web forum in the world, has renounced white nationalism, saying that he had been through “a gradual awakening process” and apologizing for his past activism.

In an E-mail to the blog of the Southern Poverty Law Center’s Hatewatch, Black, 24, wrote that he had come to see the arguments of white nationalism as “principally flawed,” adding that he had realized that American society is marked by an “overwhelming disparity between white power and that of everyone else” and that white nationalism was really about “an entrenched desire to preserve white power at the expense of others.”

“Advocating for white nationalism means that we are opposed to minority attempts to elevate themselves to a position equal to our own,” wrote Black, who recently finished his third year at the elite New College of Florida. “It is an advocacy that I cannot support, having grown past my bubble, talked to the people I affected, read more widely, and realized the necessary impact my actions had on people I never wanted to harm.”

It was a remarkable statement for Black, whose father, Don Black, once served time in prison for plotting a racist invasion of a small Caribbean nation and founded and still runs Stormfront, a white supremacist Web forum. The younger Black was raised in the racist movement, had by age 12 created a racist children’s page on his father’s website, and until recently hosted a radio show featuring racist guests.

But it was also the latest step in a fairly clear evolution.

Last November, Derek Black posted a statement on a students-only forum at his college in which he explicitly said he was not a white supremacist, a neo-Nazi or a Klansman, and revealing that he had some unexpected views, such as support for same-sex marriage, environmental regulation, and legal abortion. But he also said in the statement, which was made public on this blog in December, that he was not renouncing white nationalism and did not see it as incompatible with his other views.

In his E-mail, Black said that he was already moving away from White nationalism at the time, but that “I was not prepared to risk driving any wedge” into his relationship with his family, “whom I respect greatly, particularly my father.” But, he added, “After a great deal of thought since then, I have resolved that it is in the best interests of everyone involved, directly or indirectly, to be honest about my slow but steady disaffiliation from white nationalism.” He described himself as having spent “the past few years … disentangling myself from white nationalism,” and added that he had closed down his radio show permanently this January. He said that he had not posted at all on Stormfront this year, and only once in 2012. He said he did attend a Stormfront conference in 2012, but would not do so again this year.

Black also directly confronted some of the main arguments of white nationalism, such as the idea that Whites are being victimized by non-White immigration, mixed-race marriages and affirmative action — what amounts, in the arguments of White nationalists, to “genocide” aimed at destroying the white race. He also ridiculed many white nationalists’ “particularly bizarre” hatred of Jews.

“I now consider this belief system principally flawed,” he said. “Most arguments that racial equity programs disadvantage whites who would otherwise be hired or accepted to academic programs mask underlying anxieties about the growth of non-white social status. It is impossible to argue rationally that in our society, with its overwhelming disparity between white power and that of everyone else, racial equity programs intended to affect the deep-rooted situation represent oppression of whites.” Indeed, Black added, “The advancement of minorities in the US is not insignificant, but has not ended (let alone reversed) their circumstances.”

Black was explicitly apologetic. “I acknowledge that things I have said as well as my actions have been harmful to people of color, people of Jewish descent, activists striving for opportunity and fairness for all, and others affected.”

“I can’t support a movement that tells me I can’t be a friend to whomever I wish or that other people’s races requires me to think about them in a certain way or be suspicious of their advancements,” Black wrote toward the end of his four-page statement. “Minorities must have the ability to rise to positions of power, and many supposed ‘race’ issues are in fact issues of structural oppression, poor educational prospects, and limited opportunity. The differences I thought I observed didn’t go nearly as deeply as I imagined. I believe we can move beyond the sort of mind-boggling emphasis white nationalism puts on maintaining an oppressive, exclusive sense of identity — oppressive for others and stifling for our society.”

Prominent Black Lawyers Debate Zimmerman Verdict by Zenitha Prince

July 21, 2013

Prominent Black Lawyers Debate Zimmerman Verdict 
By Zenitha Prince

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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.”

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