Mistrial In The First Freddie Gray Trial: There’s No Way Out Of This Ethics Train Wreck

Judge Declares Mistrial In First Freddie Gray Trial

In Baltimore this week, a judge declared a mistrial in the case of Baltimore Police Officer William G. Porter after jurors said they were deadlocked regarding all of the charges against him in the death of Freddie Gray. Porter, 26 and an African American, is the first of six police officers to be tried in Gray’s death. He has been charged with with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office. Street protests began almost immediately.

Let’s review this disaster so far, shall we? Continue reading

Unethical Quote Of The Month: The Democratic National Committee

blm

“[T]he DNC joins with Americans across the country in affirming ‘Black lives matter’ and the ‘say her name’ efforts to make visible the pain of our fellow and sister Americans as they condemn extrajudicial killings of unarmed African-American men, women and children.”

—-The Democratic National Committee, in a resolution passed last week endorsing #Black Lives Matter”

You think that having Donald Trump running (temporarily and momentarily) as a front-runner in the race for the 2016  Republican Presidential nomination is embarrassing for Republicans? That’s nothin’! The official endorsement of the racist, violence-promoting, anti-police and anti-rule of law movement Black Lives Matter ought to disqualify the Democratic Party as a trustworthy political organization until it stops pandering and apologizes for this statement.

Black Lives Matter is a racist, anti-white, hate-fueled organization that considers any law enforcement involving black criminals presumptively racist. The movement continues to rely on false and discredited media and activist narratives (“Hands up! Don’t shoot!”), citing “victims” like Michael Brown as the justification for its existence, presuming guilt in cases where the facts are uncertain or in legitimate dispute (Eric Garner was not “choked to death,” nor was he intentionally killed; Sonny Gray’s death is still unexplained; there is no evidence that Tamir Rice’s death was related to race). The primary result of the group’s efforts so far have been to increase racial tensions, to spark deadly attacks on police officers, and to cause a catastrophic rise in urban murders as police avoid proactive methods and stops involving black suspects to avoid becoming the next Darren Wilson. Continue reading

“Black Lives Matter” Is Unethical, And So Are Politicians Who Pander To It

black-lives-matterThat’s the tipping point for Ethics Alarms. “Black Lives Matter” is unethical, and those who use it are unethical. And politicians who grovel to those who criticize them for not embracing it are contemptible.

The Martin O’Malley embarrassment over the weekend clinched it for me. Demonstrators interrupted the former Maryland governor, mounting a pathetic campaign against Hillary Clinton for the Democratic presidential nomination, as he was speaking at the Netroots Nation conference. When they shouted, “Black lives matter!” a rallying cry of protests that has superseded “Hands Up! Don’t Shoot!” because that one was eventually exposed as a lie,  O’Malley—the naive, racist fool!!!!— responded: “Black lives matter. White lives matter. All lives matter.”

The activists  responded by jeering him and refusing to let him speak. .Later in the day, O’Malley, “showing the firm commitment to leadership in the face of adversity that we expect in a presidential candidate,” as one wag put it on Jonathan Turley’s blog—apologized, saying…

“I meant no disrespect. That was a mistake on my part and I meant no disrespect. I did not mean to be insensitive in any way or communicate that I did not understand the tremendous passion, commitment and feeling and depth of feeling that all of us should be attaching to this issue.”

I bent over backwards to defend Smith College President Kathleen McCartney when she apologized for using the phrase “all lives matter” in December of 2014. I wrote:

If an activist says to me, “too many children go to bed hungry!” and my retort is, “Too many people go to bed hungry!”, the unspoken argument is “So stop acting like children are a special problem!” If I say, “We need peace in Syria,” and a friend’s response is “We need to end war, period!”, I view that as an effort to minimize my concerns by launching it from the realm of a specific issue into vague, generic territory.  “Black Lives Matter!” in the context of recent police episodes where African Americans died under circumstances that many believe show police callousness and excessive force against blacks is a distinct assertion that suggests that the law enforcement and justice systems do not currently function as if black lives matter as much as white lives. It is true that “All Lives Matter” includes the larger subset “black lives matter”; it is also true that it blurs the issue at hand, and dilutes the protesters’ point. It is not inappropriate for  President McCartney to apologize in this context…unless, of course, she intended a rebuttal, in which case she is indeed spineless.

I still believe that made sense in December, but “Black Lives Matter” means something very different now, after six police officers were charged with murder to quell a Baltimore mob after Freddie Gray’s death, and after President Obama decided that the merciless shooting of a  young white woman in San Francisco by an illegal immigrant wasn’t worthy of the same attention he has given other deaths when it was a black life that had been lost. Continue reading

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;


(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading

Unethical Words And Actions Have Consequences Dept.: The Baltimore Shooting Spree

baltimore-police-attacks

Since the Freddie Gray incident, Baltimore’s murder and criminal violence rate has climbed to record-setting levels, with over a hundred shooting deaths in the city this year. The Charm City’s police reported that 28 people were shot, and 9 of them killed, over the Memorial Day weekend alone.

Speaking to CNN anonymously, a Baltimore police officer attributed the spike to police officers in his city no longer doing their job proactively. This wasn’t a slowdown, he said, just low-risk policing, and the criminals are taking full advantage.

This seems extremely likely, and I would expect that the same phenomenon will take hold in other city police forces unless national leadership takes steps to…oh, what am I talking about? That’s not going to happen.

President Obama and Eric Holder’s racialized Justice Department planted the seeds of this with their irresponsible response to the Trayvon Martin and Mike Brown shootings, and those responses were modeled by a biased, unethical and politically ambitious state’s attorney in the Freddie Gray death. The war on police officers by African-American activists, Democrats and the Left was bound to have the result we are now seeing in Baltimore. Either the opportunistic pols, pundits and race-baiters wanted this, or they were too focused on gaining a political edge to foresee it. Now they are reaping what they have sown, and we should not allow them to deny accountability.

Why would any police officer engage in proactive policing when an unexpected turn of events, a resisting suspect or a single mistake in judgment under pressure will trigger protests and prejudging by mobs and the media, resulting in show trials ordered by cowardly prosecutors regardless of the evidence? It is a no-win situation for police, with personally, financially and professionally catastrophic consequences to an individual cop who ends up in the maw of one of these public lynchings. I expect that the next shoe in the process of dropping will be a sharp reduction in police recruits, except of the type that departments use at their peril.

There is no reason for any sane or intelligent individual to subject themselves to working conditions like this, where a disproportionate number of criminals and suspects he or she is going to encounter are African American, and any negative consequences to one of them under ambiguous circumstances will be attributed to racism, bias, homicidal tendencies or hate. We are going to end up with police forces made up entirely of insane or stupid cops.

CNN’s Carol Costello interviewed an African American community activist from Baltimore and asked the question I just did. His answer was a defiant “Because it’s their job!” Wrong. The job was not accepted with the risk of being thrown to the dogs by the Justice Department, state and local officials as an agreed-upon condition of employment. Police must be able to assume, as they once could, that the city, state and national leadership will support them and be reasonable regarding the occasional tragedies that the nature of the job will inevitably entail. Now they clearly cannot.

Had the pendulum swung too far to giving police the benefit of the doubt in every instance? Absolutely. Where the pendulum is swinging now, however, will result in urban chaos. That chaos, ironically, will fall most heavily on African American. Continue reading

A Particularly Dangerous Ethics Dunce Display: State’s Attorney Marilyn Mosby’s Unethical Statement Regarding Charges In The Death Of Freddie Gray

State’s Attorney Marilyn Mosby announced today that the six Baltimore police officers involved in the arrest and subsequent death of Freddie Gray  have been charged with criminal charges  second-degree murder, manslaughter, second-degree assault, vehicular manslaughter , and misconduct in office. I have no comment on that: I haven’t seen the evidence. I will assume the charges are justified base on what evidence there is.

Nonetheless, Mosby’s announcement and related statements from  the steps of Baltimore’s War Memorial Building were unethical, and indeed  constituted a professional ethics breach:

  • Mosby said she told Gray’s family that “no one is above the law and I would pursue justice upon their behalf.” Unethical. Her client isn’t the family. Her client is the state. If the evidence appears too weak to get a conviction based on any new revelations, her duty to her client, which only requires justice, not justice for any party, would be to drop the case. Telling the family that she is working “on their behalf” is either a lie, or, if true, unethical. She is not their lawyer or the victim’s lawyer.
  • “I heard your call for ‘no justice, no peace,'” she said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”

Ugh. Again the “on behalf of” misstatement. Worse, though, is “I heard your call for ‘no justice, no peace.” What are we to take from this statement, other than the disgraceful admission that the indictment is in response to mob violence and threats of more? She may not say that. By saying it, she has undermined the rule of law. Prosecutors must not”hear” demands that a citizen be prosecuted, or not prosecuted. They are ethically obligated to ignore them, and do what the evidence dictates.

The demonstrators obviously got her meaning. Desmond Taylor, 29, shouted to the crowd,  “This day means that your actions bring consequences in Baltimore City.”

Imagine what else riots and arson might bring! Continue reading

Unethical Quote Of The Week: Hillary Clinton

black-men-jail

“There is something wrong when a third of all black men face the prospect of prison during their lifetimes.”

—Hillary Clinton, in an address, to the David N. Dinkins Leadership & Public Policy Forum decrying “mass incarceration.”

So few words, so much deceit.

We are going to hear a lot of this theme, apparently, unless or maybe even if Democrats get responsible and choose a candidate other than the ethically compromised (and compromisable) Mrs. Clinton. “Mass incarceration” itself is a loaded term that sounds as if random citizens are rounded up and locked up by the government just for the hell of it. It is redolent of the political arrests of totalitarian regimes, and as such, misleading and irresponsible.

Likewise, the Unethical Quote of the Week that Hillary just authored suggests that black men are imprisoned without their doing anything untoward to justify it. A third of all black men don’t face the prospect of prison unless at least a third have broken laws or are anticipating breaking laws that require prison as the penalty. 100% of non-criminal black men—what we call “good citizens”— don’t “face” imprisonment at all. “Face” means that the fate is looming over their heads, ready to fall at any time. That’s nonsense, and a classic use of statistics to deceive. Prison is not a “prospect” for anyone who does not set out to commit a crime. Continue reading

The Freddie Gray Ethics Train Wreck: If Protesters Really Want Justice, Then They Have To Stop Making Justice Impossible

Maybe it's all the same train wreck after all....

Maybe it’s all the same train wreck after all….

Yes, the mysterious death of Freddie Gray from injuries he sustained while in the custody of the Baltimore police has now become a certified Ethics Alarms Ethics Train Wreck. That honor was guaranteed once Baltimore’s mayor started stumbling over her words and meaning and then blaming others; when looters and rioters began burning down stores and a seniors home; when the finger-pointing began and when shameless Republicans started politicizing the riots, notably Texas Congressman Bill Flores (R-TX) who somehow reasoned that the Baltimore riots prove the dangers of gay marriage.

Most of all, a train wreck rating was guaranteed once the African-American activist response to Gray’s murder, inflamed by incompetent handling of the incident by the Baltimore police department, exactly followed the script of the Ferguson Ethics Train Wreck. Gray’s death was pronounced a murder and the police response a racist cover-up before all the facts were known or even knowable. Never mind: “Black Lives Matter” signs were paraded on the streets, and columnists and news reporters began telling the story as if Gray was—not might have been, not probably was, but was—just another in the long line of young black men murdered by the police. After all, we had the recent Walter Scott shooting, captured on video, to justify a presumption of racism and murder.

But a presumption of racism and murder, absent proof, is never justified. It isn’t allowed in court, and it isn’t ethical out of court. Never mind: that’s where we now are with Freddie Gray and Baltimore. Maybe this isn’t a new Ethics Train Wreck. Maybe it’s just the Ferguson Ethics Train Wreck, just rolling on.

As with Mike Brown (and Trayvon Martin’s death) , the underlying narrative of the protests over Freddie Gray’s death appears to be less certain than it originally appeared. The Washington Post reports that a prisoner who was in the police van with Freddie Gray says he could hear Gray “banging against the walls” of the vehicle, suggesting that Gray  “was intentionally trying to injure himself.” The prisoner’s statement is contained in an affidavit that’s part of an application by the police for search warrant seeking the seizure of the uniform worn by one of the officers involved in Gray’s arrest. If that account has any credibility at all, it could result in a prosecutor’s legitimate refusal to indict any officers. Continue reading

The AWOL Walter Fauntroy, Flawed Black Martyrs And The Duty Of Outrage

Walter Fauntroy, D.C. icon, civil rights hero, fugitive, coward, crook...but still a hero. Somehow.

Walter Fauntroy, D.C. icon, civil rights hero, fugitive, coward, crook…but still a hero. Somehow.

As I was composing this post in my head, I stumbled upon—and I mean that, because I normally avoid her columns like cheap Chinese food—Kathleen Parker’s latest column. Parker is the sort-of conservative, sort-of op-ed pundit who has mastered the art of compassionate equivocation, meaning that her opinions on public affairs usually consist of one long sigh. She was at it again here, except that the topic she was sighing about confounds me, he who does not shrink from assigning blame, almost as much as it does she who usually spreads blame so evenly that its ethical impact is nil.

Parker wrote…

At the same time that people avoid too-sensitive subjects, they seem to fear stating the obvious lest their thoughts be interpreted as an act of betrayal to “the group.” Politicians are the most risk-averse of all. Few are the Democratic women who will find (or express) fault with Clinton. It is the rare African American who finds fault with Obama. When Rawlings-Blake also said that she “gave those who wished to destroy space to do that,” her Democratic colleagues spoke only of her “poor choice of words.” Not poor thinking? Not lousy leadership? Republicans don’t get a pass. Heaven forbid they should call out someone who wants to inject biblical end-times into political debate.”

Ah, how it makes my chest fill with pride that I have flagged all three of the ethical breaches Parker mentions within the few daysHillary Clinton’s brazenly suspicious conduct and the disgraceful refusal of her cheering section to either acknowledge or question it…Rawlings-Blake’s “lousy leadership”… and Republicans who use religiosity as a prop. Parker being Parker, she had earlier used an example of missing outrage that sets my teeth on edge because, while correct, it calls to mind another area of missing outrage and societally-damaging martyrdom that I can’t quite figure out how to talk about.

Where is the outrage beyond the African American community about police brutality and the deaths of young black males? Where are members of Congress other than those belonging to the black caucus? My God, the list of those killed is staggering,” she writes, “yet this is not a new phenomenon. Baltimore’s Freddie Gray, the 25-year-old who suffered spinal injuries while in police custody and died, is but the most recent. Yet you see only the usual black activists speaking up.”

True. The missing paragraph, however,  is this: “Where are the African-American activists asking why so many young black men are constantly in positions that place them in conflict with the police? When protesters chant the names and carry photos of police victims like Freddie Gray, Walter Scott, yes, and Mike Brown, they are presenting in honored terms African-Americans who weren’t credits to their communities or examples for the next generation to emulate. Indeed this ritual sanctifies lives and backgrounds that are part of the same urban pathology as the police attitudes that killed them.”

Freddie Gray was only 25-years-old, and yet he already had a staggering 18 previous arrests since he turned 18-years-old. His mother was a heroin addict; he had no father in his life. Why was someone like this even out of jail, in a position to become yet another victim of police anger and contempt against the endless wave of young, irresponsible, law-defying young men who undermine the vitality of their own communities and the nation?

The fact that Gray’s death was undeniably the greater outrage shouldn’t allow the outrage of lives like his to be ignored. Black crime and police dysfunction are part of the same pathology. If only the Bill O’Reillys are going to ask the hard questions about black communities policing their young and changing their deadly culture—and are they really hard for O’Reilly, whose audience is inclined to look for ways to side with the police even when they commit murder?—then those questions and their equally hard answers, involving, among other things, avoidance of responsibility and accountability, can be and will be largely ignored.

This is part of the loyalty to “the group” phenomenon that cripples the African-American community and warps its values. It is especially powerful when prominent leaders, those African-Americans who should be leading the way away from self-destructive conduct and who have the power, visibility, and credibility to do so, demonstrate an atrocious lack of ethics themselves. Where are the black voices—those not belonging to black women he sexually assaulted, that is—condemning Bill Cosby? Or Al Sharpton? Charles Rangel?

Washington, D.C.’s overwhelmingly black population was conditioned to accept black leadership outrages by the late Marion Barry. I was not quite aware of the extent of this cultural purging of the ability to hold prominent African-Americans to ethical standards until I read a jaw-dropping Washington Post feature about the wife of local civil rights legend Walter E. Fauntroy, who helped Martin Luther King plan the 1963 March on Washington, and who served as the District’s congressional delegate for two decades. The tone of the article is enough to make a reader think he or she is going mad. The loving 80-year-old wife, Dorothy Fauntroy, speaks about her husband in glowing terms that nothing in the article suggests is inappropriate. Continue reading

Incompetent Elected Official Of The Month: Baltimore Mayor Stephanie Rawlings-Blake

Baltimore riots

Being the mayor of any city in the throes of a race riot is a losing proposition; being an African-American mayor when the rioters are all black and the riot was sparked by the mysterious death of a black man in police custody is a hopeless proposition. Last night’s riot in Baltimore actually justified the kind of para-military response that got Ferguson, Missouri condemned by Eric Holder’s Justice Department, but that approach was politically impossible. I don’t know what I would have done in Baltimore Mayor Stephanie Rawlings-Blake’s hot seat, except hope against hope that President Obama didn’t come out with a statement that Freddie Gray could have been his son. So this is not the time to second-guess the mayor’s actions.

For the record, my assessment is that the volatile combination of acculturated black community contempt for policy authority and long-incubating and neglected racist inclinations in police departments was activated nationwide by seven years of cynical exploitation of racial divisions and distrust by President Obama, Eric Holder and the Democratic Party for electoral gain. Race riots were the predictable  consequence, and I say that with confidence because I predicted it in 2012, when Trayvon Martin’s death was elevated to a national issue just in time for the President Obama’s re-election push. Rawlings-Blake may have been part of that effort; I haven’t investigated that. She certainly inherited its results.

My verdict of incompetence in her case focuses less on her failure to prevent or contain the riots than on her inept communications skills. Leaders have to communicate clearly. If they can’t, they have a duty to learn: the skill can be taught. (I’m looking at you, W.) If they can’t communicate, their leadership ability is intrinsically crippled. Leaders who have to constantly “clarify” what they said, or “walk back” comments, or claim that they were “quoted out of context” when they were just quoted lose the public’s trust, and deserve to.  Public officials have to be careful  what they say, and how they say it, and this is a crucial, indispensable skill in their chosen field.

Rawlings-Blake held a press conference as the riots in her city were unfolding, and said this:

“And I’ve made it very clear that I worked with the police and instructed them to do everything that they could to make sure that the protesters were able to exercise their right to free speech. It’s a very delicate balancing act because while we try to make sure that they were protected from the cars, and the other things that were going on, we also gave those who wish to destroy, space to do that as well. And we work very hard to keep that balance, and to put ourselves in the best position to de-escalate and that’s what you saw.”

Continue reading