Legalectric

“A hallucination of your worst fears” : Legal scholar Patricia Williams on what Darren Wilson’s testimony reveals about racism in America

One of the functions of a prosecutor is to prioritize, to make a case that there is reasonable cause. McCulloch didn’t do that. He chose to present a mess with no attempt to persuade. That’s what prosecutors are supposed to do, and he didn’t do that. He emptied several bales of hay and told the jury to go sort through it. Relevance and focus is absolutely what you need to create a case. He didn’t try to create a case.

If you don’t understand why people are really pissed off, take a look in the mirror and at society and confront white privilege, privilege of race and privilege of class — think honestly and deeply.  Then do something about it in your world — within your family, at work, at church, in your community, take steps toward justice and equality.  If you do understand and are working toward change, keep at it with perseverance and patience.  The struggle won’t be over soon.

Yeah, I’m an attorney, sworn to uphold the Constitution.  What a concept!  I spend my time helping regular people exercise their freedom of speech, association, and protecting their property in their efforts to participate in a legal and administrative system that’s stacked against them, daring them to stand up for themselves.  The legal training I have, and the rudimentary experience and knowledge of criminal law and police procedure has me tied up in knots, sick at the Grand Jury decision… but I’d not expected Wilson to be charged.  Everything leading up to the start of Grand Jury deliberations pointed up to last night’s release of their decision.  But this is not about the law, it is not about justice, it is not about police procedure, it is not about appropriate or legal use of deadly force.

Ferguson’s Trial – Sarah Kendzior

12 things white people can do now because of Ferguson

Why It’s Impossible to Indict a Cop

If we presume the facts are as stated by McCulloch, and note what facts were not stated…

McCulloch said that Wilson knew about the reported theft at the store, and yet in the transcripts it’s said that he repeatedly stated he did not know, he was not responding to that call.  McCulloch said he had called for assistance, but the transcripts say he did not until after the shooting.  In his statements, he said he got out of the car and chased Brown.  In what world is it police procedure for an officer to, without backup, get out of his car and run after and shoot at someone who is running away after an altercation and where two shots were already fired from inside a police car?  How far away was Wilson when Brown stopped and turned around?  Reports and transcripts say about 20 feet… a couple of car lengths.  Why didn’t Wilson carry a taser?  How far away was Wilson when he fired the final shot?  How many shots should be fired at an unarmed man?  When shooting an unarmed man, what’s your target?  When his immediate supervisor questioned him after the incident, why wasn’t that recorded, why were there no notes taken?  When is use of deadly force acceptable?  Justified?

Here are the GRAND JURY TESTIMONY & DOCUMENTS.

A chart from PBS (Click for LINK), click image for larger version:

A transcript that jumps out – other officers and Darren Wilson’s testimony.

The federal investigation is ongoing about civil rights violations, and there’s the civil suit, but neither will do much, if anything, to alter the systemic mindset in Ferguson, or in this country (look no further than the police killings in Minneapolis).

Will this provide an opportunity for whites to examine the meaning and impact of white privilege and racism?  Will we look at class stratification in our society?  Is this a teaching moment?  Hardly.  It’s necessary, but I’m not holding my breath.  From what I’ve observed, so far it’s “circle the wagons” in the onslaught of virulent protests.  What will it take to reach an understanding of why people are so pissed off and do something about it, do something different?  We have made some progress in the last 50 years, what I’ve seen in my lifetime, but there is so much further to go.  I so distinctly remember that day in 4th grade when saying the Pledge of Allegiance in school on a cold winter morning, red stretch pants and a multi-colored red based shirt, when I realized that we don’t have “liberty and justice for all.”   Now it’s ~50 years later.  We’re not even close.  Change of the magnitude necessary is never easy, particularly where so many people believe that equality means less for those with privilege.  Change of the magnitude necessary is never easy, particularly where spewing racial hatred has become recreational sport.

I feel very fortunate to have been a near-suburban white teenager who transferred into the Magnet program at Minneapolis Central H.S., when the public school system was trying to avoid a segregation lawsuit. This was a time where part of my education was exposure to race and racism first hand.  After high school, I lived in Prestigious East Phillips for 20 years.  It was impossible to ignore the impact of race-skewed education funding, racism and death threats in Harry Davis’s Mayoral campaign, the gutting of Minneapolis neighborhoods with a freeway, housing segregation and covenants, and awareness of white privilege.  That awareness shifts my perspective, but it doesn’t wash me clean, nope, we all carry those biases.  We are all racists, and we each need to look at that.  Over the last 50 years, the balance has shifted some, but white privilege remains.

People tend to be innately afraid of “other,” which often manifests in anger and hate.  How do we deal with this other than systemic changes from birth — little kids playing together, going to school together — so it’s “us” and not “other.”  How do we move away from parental and societal lessons of racism when it’s so deeply instilled?  When it’s everywhere we look?  When it fills the airwaves and internet?

This is not the world as I want it to be…