We shall overcome

October 12, 2013

Saturday, October 12, 2013

Good evening:

Crane and I were gone most of the day. Since we returned, we have been reading and talking about the awakening and renewed commitment to seek justice inspired by the shocking injustice in Kendrick Johnson’s case that so many of you have so clearly expressed.

We feel the same way and we intend to use this blog to not only seek justice for Trayvon, but to seek it for Jordan Davis, Kendrick Johnson, their grieving families and everyone else who has been denied their inalienable rights to life, liberty, and the pursuit of happiness in a just and color blind society. Justice for Trayvon is the name and symbol of our quest.

In a comment this afternoon, Mary Davis said,

I know what happened in Trayvon’s case knocked the sails out of us, but we can’t stop now.

She is right and her comment got me thinking.

This is my answer.

The result in Trayvon’s case disappointed me, but it did not knock the sails out of me.

I have learned how to be patient doing death penalty work. In the Darrold Stenson case, for example, where material exculpatory evidence was withheld by the prosecution from me (I was defense counsel) resulting in a guilty verdict and a death sentence, the Washington State Supreme Court finally agreed with our argument and reversed the conviction and death sentence in the spring of 2012. The sentence was imposed in 1994, so justice took 18 years.

I am convinced that something far bigger than ourselves is dictating the direction and pace of events. Racism, corruption and injustice are rampant. Innocent people are being murdered and the perpetrators are not being held accountable.

Necessary change must happen but it cannot happen all at once.

Justice for Trayvon must necessarily be sought outside the legal system because the Double Jeopardy Clause prohibits a retrial and the prosecution is not going to appeal a case that it did not intend to win and cannot retry.

Justice for Trayvon will be found in the court of public opinion. I think this week’s episode of South Park capitalized on widespread interest in the case and the pervasive belief that George Zimmerman got away with murder. He did much to hang himself after the acquittal by swaggering around like the cowardly bully that he is. Result: he was portrayed as the government’s go-to weapon when it wants to silence a black troublemaker because he’s an expert at murdering black kids and getting away with it. However, he killed a white kid disguised in black face, so he was summarily executed in the electric chair.

Rather than offend our national sense of justice, which would have been the case if a majority of Americans believed he was a hero for defending himself against a crazed black thug who attempted to kill him, most people understood that the result of his trial would have been different if Trayvon were a white kid and they laughed at his execution on South Park.

I don’t believe anyone needed to have that explained to them.

I believe the only people who were offended by the show are the white right wing racists that make up the right wing hate machine.

I don’t know how the writers managed to pull that off in a nation of people shocked, dismayed, and still grieving about the injustice of the verdict, but they did.

And they mocked George Zimmerman and got us to laugh at him.

Nothing will bring back Trayvon Martin. I think a nation shocked by Trayvon’s death, the injustice of the verdict, and thoroughly disgusted with George Zimmerman is actually a better result than a conviction and life sentence.

George Zimmerman’s life will be a living hell, which is his just reward

Now we are witnessing a call for help to right a wrong in Valdosta, Georgia. Word is spreading like wildfire through the power of instant communication via the internet to reopen the investigation into Kendrick Johnson’s suspicious death. Experts in death investigation and forensics are stepping forward and speaking out. They are identifying the problems with the investigation and calling his death a homicide.

The cover-up is falling apart exposing yet another corrupt and incompetent local police department (the Lowndes County Sheriff’s Office) and the Georgia Bureau of Investigation, which conducted the autopsy and reached the utterly ridiculous and indefensible conclusion that his death was accidental due to positional asphyxiation.

Unfortunately, during the long course of human history, most people have been far too willing to accept corruption and injustice as just the way it is, even when they, or someone they know, have been victimized. They felt too isolated and powerless to fight back. For example, more than 80 innocent defendants pled guilty to felonies they did not commit during the late 1990s and agreed to serve lengthy prison sentences without complaint. Every one of them was framed by corrupt members of the out-of-control Ramparts Division of the Los Angeles Police Department. At least one of them sustained multiple gunshot wounds for allegedly resisting arrest even though he submitted to arrest.

The horrible story unravelled when one of the rogue police officers was arrested for possessing cocaine in his locker. He snitched on his fellow officers in exchange for favorable treatment. Eventually the truth was revealed and all of the wrongful convictions were set aside.

Even though they were represented by counsel, not one of the more than 80 innocent defendants believed he had a realistic chance to be acquitted and not one of them was even willing to go to trial.

Tragically, corruption and injustice tend to thrive and be tolerated until some terrible tragedy occurs that so offends people that they finally say enough is enough.

George Zimmerman’s cold blooded execution of an innocent and unarmed Trayvon Martin screaming for help and his mother and begging for his life was such a tragedy. People all over the world were shocked and horrified. It brought us together here and it brought many others together at other sites. All of us watched the trial and we ultimately saw through the pretense of a serious prosecution. We have been changed forever by that experience.

Nine months after Zimmerman murdered Trayvon, we were horrified again when Michael Dunn murdered Jordan Davis at a gas station because Jordan refused to turn down the music he was listening to and did not show Dunn enough respect. Ironically, Dunn will be prosecuted by Angela Corey, the State Attorney who oversaw the failed prosecution of George Zimmerman and expressed satisfaction with the result.

We will be watching that trial and calling her out every time she fails to do something she should have done or does something she should not have done. I and others like me who are experienced trial lawyers will be watching every move she makes. She has a lot to prove and everything to lose. She will not get away with another lackluster effort to create the appearance of justice. We will call her out, if she allows another racist right wing nutcase like B-37 to get on the jury. We’ve seen the movie and we are familiar with the script. Never again.

And now we have Kendrick Johnson’s shocking case to grab our attention and galvanize us back into action.

Nothing will ever change unless we take action and make things change. Unfortunately, humans have to be shocked out of their generally passive and accepting everyday lives before they will come together, focus on solving a problem, and take action to git ‘r done. These three horrific cases are waking us up to what we must do to reclaim our inalienable rights to life, liberty, and the pursuit of happiness in a just and color blind society. We cannot ignore these tragedies. We cannot shrug our shoulders and turn our backs on Trayvon Martin, Jordan Davis, Kendrick Johnson and their grieving families because those three beautiful, young, and innocent children could just have easily been our children or even ourselves.

Justice for Trayvon is justice for everyone and we now have three crystal clear examples that racism is alive and well in this country and our criminal justice system is aiding and abetting it rather than producing just results.

I could no more ignore the message conveyed by these three tragedies than stop breathing.

By working together using the power of the internet to communicate, we can and we will make the mountains tremble.


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