Michael Brown

From Ferguson To Fairness, Truth And Justice: Can’t Get There From Here

/ Jack Marshall / 22 Comments

Cant get there

Hopeless.

The New York Times has leaked details of the forensic evidence and police officer Darren Wilson’s account in the shooting of Michael Brown. This came from that paragon of professionalism, the Justice Department, which wants to make sure that those seeking to burn down Ferguson and lynch Wilson have time to process the fact that a civil rights violation charge against Wilson just isn’t going to happen. Why is this important? Maybe the leak is to cushion the blow and reduce the likelihood of violence. That would be the motive of a non-partisan, race-neutral agency. Maybe Justice wants to make sure African-Americans are angry before the mid-term elections, so they will vote. (Democratic pollsters are telling the party that if blacks stay home, the Republicans are going to win big.)  That. of course, would be unethical.

But so are leaks of federal investigations.

What the leaked information reveals is that there was a scuffle in the car, and Michael Brown, the 300 lb. teen who is always described as unarmed as if this means he was harmless, tried to grab Wilson’s pistol. He was shot in the arm as a result, and his blood was in the car and on Wilson’s gun. This prelude to Brown’s fatal shooting makes any conclusion that he was out to harm Brown because of his race impossible. Of course, it doesn’t prove he wasn’t out to kill a black kid either.

At this point, confirmation bias has completely taken over the Ferguson story, meaning that a combination of factors—police incompetence; a toxic racial culture in the city and region;  the racial distrust carefully nurtured by Democrats, the Obama Administration, and an irresponsible news media; anger and cynicism by non-black, non-race-baiters over the disgraceful George Zimmerman-Trayvon Martin tragedy;  the slanted reporting of Brown’s shooting from the outset, and especially the full commitment of the civil rights establishment to make this incident the centerpiece of an attack on racial profiling and police violence against blacks regardless of whether the facts of the case justify it—now make any fair resolution of the incident impossible. They also guarantee that whatever occurs, the end result will be police anger, more racial division and distrust, and activists continuing to promote a false or misleading narrative as truth, just as in the Zimmerman-Martin debacle. It is hopeless.

We are at this horrible, irredeemable point because…

  • The team of the media, irresponsible black politicians, an unethical prosecutor, despicable grandstanding celebrities and President Obama made a national racial issue out Trayvon Martin’s death, where there were none, and another flash point was deemed to be just what the flagging Democratic election prospects needed.
  • The narrative of a black, young, college-bound, unarmed, “gentle giant” being “executed” in the street merely for “walking while black” by a white cop was widely publicized before facts that complicated the issues arose.
  • The police department in Ferguson, and the region generally, has a well-established record of harassing black citizens, and an environment of mistrust already existed.
  • The department waited an unconscionable amount of time before releasing any facts related to the shooting.
  • The department’s decision to leave Brown’s body lying in the street looked like deliberate disrespect and insensitivity, which it probably was.
  • Demonstrations began based on hearsay accounts of how Brown was killed, representing as fact what were third party accounts, some of which, like those of Brown’s companion, were far from unbiased.
  • The Ferguson police acted like the Chinese government in Tiananmen Square in handling the demonstrations, and gave the media a panorama of images showing white cops abusing black protesters, a la Selma, Alabama,
  • If a white cop shoots a black man, it is presumptively an act of racism in the eyes of many civil rights activists,
  • Attorney General Holder appeared to pick sides in an incident where he was duty-bound to be neutral (but, as he has said, he is a black man first),
  • The Justice Department agreed to investigate the incident for civil rights violations based solely on political expediency, knowing full well that it would not have sufficient evidence for an indictment.

Add to all of the above the fact that  the incident itself was messy and ambiguous, as police shootings often are:

  • Did Brown deserve to be stopped and arrested? Maybe.
  • Was he the angelic, harmful snowflake portrayed by his parents and the media? No.
  • Was he a legitimate threat to Wilson, at least when they struggled in the car? Yes.
  • Did Wilson have reason to fear for his well-being? Well, would you, if a 300 pound guy was trying to get control of a gun in close quarters? Of course.
  • If he had fatally shot Brown in the act of protecting himself in the car, would Wilson be in the clear legally, logically and ethically? Yes.
  • Since Brown’s attempt failed, did he deserve to be shot after he left the car? No.
  • Is it likely that Wilson was upset by the struggle in the car, angry, frightened, and not thinking clearly? Yes.
  • Would that excuse his killing Brown, if Brown were indeed in a surrender pose as some witnesses claim? No.
  • Would it mitigate his guilt? Yes.
  • If Brown, unarmed or not, charged Wilson after the car incident, would Wilson be justified in using deadly force? Probably.

But the activists don’t care, literally don’t care, about any of this. For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that it was a racially motivated murder.

The police and their mostly conservative defenders also don’t care about the details. Once again, a dedicated public servant who put his life on the line was forced to use deadly force against a dangerous thug who attacked him, and because the cop is white, is being persecuted and unjustly maligned.

Everyone is poised to see what they want to see, believe what supports their biases and agendas, and shout loudly about injustice regardless of what occurs, fertilizing the ground for the next incident they can exploit, along with cynical politicians.

Good job, everybody.

And how exactly does all this make society better?

______________________

Sources: New York Times 1, 2; Fox News

A Question With Answers That Might Clarify The Ferguson Controversy: Why Haven’t You Heard About The Shooting Of John Geer?

/ Jack Marshall / 15 Comments

John Geer

There was a fascinating editorial in the Washington Post this morning, I thought. See if you agree. It read in part…

At point-blank range, a Fairfax County police officer a year ago fired one shot, killing an unarmed man standing inside his home. The man, John Geer, was distraught and had been drinking — his longtime girlfriend had moved out and called police when he threw her things into the front yard — but he held no hostages, brandished no weapons and, so far as we have learned, posed no serious threat either to police or to public order…Shot in the chest, he was left to bleed to death inside his doorway while police officers, remaining outside the house, did nothing for an hour. Five and a half hours after the shooting, his body remained sprawled on the floor where he died.Incredibly, the authorities in Northern Virginia — including Fairfax County police and state and federal prosecutors — have refused to furnish any explanation for this stupefying sequence of events last Aug. 29 in Springfield. They have stonewalled…The officer who fired the shot, who remains on the force with full pay, has not been identified.

The authorities conduct themselves as if the case presented insurmountable complexities. This strains credulity. It involved one shot, one gun, one shooter and one fatality. It took place in broad daylight, at mid-afternoon. It was witnessed at close range by at least two other police officers, as well as friends and neighbors of Mr. Geer. And still authorities refuse to act or discuss Mr. Geer’s death…Will no one take responsibility and make some decisions in the unexplained death of Mr. Geer?

Don’t you think it would have been helpful, not to mention responsible and ethical, for the Post to remind its readers of this case while it fully participated in the media-driven race-baiting and hysteria over the shooting of “unarmed black teen Michael Brown” in Ferguson, Missouri?

It is also interesting, given the fact that the Brown-Wilson case is still very much in the news and on the tips of accusatory pundits’ tongues, that the Post neglected to mention the irony embodied by the quite legitimate lament of its editorial now. Ferguson? What’s that got to do with Fairfax? Continue reading →

Unethical Quote of the Month, Ferguson Ethics Train Wreck Division: Dean Erwin Chemerinsky of the University of California Law School

/ Jack Marshall / 25 Comments
"Hey! If we riot, the Dean says The Supreme Court will have to see it our way!"
“Hey! If we riot, the Dean says The Supreme Court will have to see it our way!”

“Taken together, these rulings have a powerful effect. They mean that the officer who shot Michael Brown and the City of Ferguson will most likely never be held accountable in court. How many more deaths and how many more riots will it take before the Supreme Court changes course?”

—Erwin Chemerinsky, Dean of the School of Law at the University of California, Irvine, in an op-ed in the Sunday New York Times titled, “How the Supreme Court Protects Bad Cops.”

The passengers on board the relentless Ferguson Ethics Train Wreck were recently honored by the addition to their number of distinguished legal scholar and law school dean Erwin Chemerinsky, who, it mist be said, apparently accepted his ticket in exchange for getting publicity in the Times for his new book,“The Case Against the Supreme Court.” If his op-ed is typical of his approach to that topic, I think I’ll pass.

Each of the three sentences in the quote above is ethically offensive, and, I think, well beneath what the public should be able to expect from the dean of a major laws school, and what the Times should tolerate from one.

Let’s take the last two first:

2. “They mean that the officer who shot Michael Brown and the City of Ferguson will most likely never be held accountable in court. “ The statement assumes that Officer Wilson ought to be held accountable in court, which immediately aligns the dean with the lynch mob demanding “justice” before they have any idea what justice is in this case. Chemerinsky is a political liberal, as one would expect in his position at that institution, but he has an ethical obligation to use his knowledge, erudition, influence and reputation to clarify a difficult situation for the public, not make it worse. Nowhere is his op-ed does he allow for the possibility that Wilson might be innocent of wrong doing in Brown’s death. In my view, he, like Eric Holder and so many others, is now pandering to the anti-police, race-grievance Democratic base, also known as “California.” His opening paragraph is carefully crafted—Chemerinsky has published a lot of papers, treatises, law journal articles, opinion pieces and book—to make it clear that he thinks the officer should be indicted. He begins: Continue reading →

Ferguson Ethics Train Wreck Monday Morning Update: Taking Sides

/ Jack Marshall / 52 Comments

When do competent, rational, fair, responsible, ethical citizens, officials, journalists and organizations take sides in a racially charged controversy involving a law enforcement officer and an individual shot and killed by that officer in an incident where the circumstances and provocation have  yet to be verified?

Simple: they don’t.

So how do we explain and characterize the decisions of so many citizens, officials, journalists and organizations to take sides in the Michael Brown shooting by Ferguson, Missouri police officer Darren Wilson? That’s simple too.

They are neither competent, rational, fair, responsible, nor ethical.

Thus we add to the passenger list of the Ferguson Ethics Train Wreck the following, who publicly took sides this weekend and today:

  • The Obama Administration. Three White House representatives will attend Brown’s funeral. This signals an official acceptance of the Brown family narrative, at this point completely unverified, that police misconduct and racism were involved in the death of their son, or if not, and I’m sure the White House will have some spin to dispute this, that is how it will be perceived by activists and how the White House wants it to be perceived. This may be good politics (though I don’t think intentional divisiveness is good, but the White House and I differ on that point), but it is horrible leadership, and a slap in the fact to all law enforcement, which is now being told by those representing the President of the United States that it is presumed to be in the wrong when there is a controversy over the exercise of force involving an African American

Continue reading →

Ferguson Ethics Train Wreck Update: The Mayor of Atlanta Tells “Meet The Press” That “Justice” Means Prosecuting Officer Wilson

/ Jack Marshall / 17 Comments

kasim-reed

There should be no question about it any more. The nearly unanimous position, stated or unstated, by elected Democratic and African American officials is that Officer Wilson, the Ferguson police officer who shot the unarmed, 18-year-old Michael Brown, should be charged with murder. That position represents a triumph of group identification, political expediency and bias over the rule of law and, yes, in defiance of that cynically wielded term “justice,” and it needs to be rejected and condemned at the highest levels of our society. Who is going to have the courage to do it?

Certainly not the news media. This morning on the David Gregory-less “Meet the Press,” the stand-in for the fired host interviewed Democratic Missouri Governor Jay Nixon, who talked exclusively in code about “justice” and “transparency.” Nixon, you will recall, has already stated his view that Wilson should be prosecuted, so his mouthing platitudes now about “transparency” ring like the sly plotting of the villains in old Westerns. You know the type: the cattle baron who owns the town and the sheriff devises a way to remove an obstreperous opponent who won’t toe the line by framing him and convicting him of murder. “Make it look niiice and fair, right by the book!” he snickers to his henchman. That was Nixon today.

Then the questioning turned to NBC round-table guest Kasim Reed, the African-American Mayor of Atlanta, who was asked about how to ensure a just result in the case. His answer was frank, if jaw-dropping: everyone, including jurors and officials, should see the incident “through the eyes” of Brown’s parents, “whose son was shot six times in front of four witnesses and left lying in the street for hours.” Continue reading →

Wishing Ethics: What Should We WANT The Outcome To Be In Ferguson?

/ Jack Marshall / 14 Comments

finger-crossed

The simple answer to the question in the headline is: we should all want the truth to come out, whatever it is, and be dealt with honestly and justly. I don’t think that result is possible, unfortunately, just as it proved impossible in the Martin-Zimmerman tragedy.If the truth could be determined, however…if an experimental, advanced video recorder just happened to capture everything that occurred between Officer Wilson and Mike Brown, including in the squad car; if it captured the incident from all angles, and we could hear and see everything that transpired between them, what would we want that to be, recognizing that the tragedy cannot be undone?

Would we want it to show that Mike Brown was murdered, that he was fleeing for his life when he escaped the car, then turned, fell to his knees ( as at least one witness claims) and was gunned down with his hands in the air? Obviously many Americans, including Brown’s family, the Ferguson protestors, many African-Americans, civil rights activists, police critics, politicians and pundits, have an interest in seeing this be the final verdict of investigators, for a multitude of reasons. The grieving family wants their son to be proven innocent of any fault in his own death. Others, especially those who prematurely declared Officer Wilson of guilty of “executing” Brown, have a strong interest in being proven right, for even though it would not excuse their unfair and irresponsible rush to judgment, such a determination would greatly reduce the intensity of criticism leveled at them.

[Side Note on Ethics Dunce Jay Nixon: That won’t stop the criticism here, however: Whatever the facts prove to be,  Gov. Jay Nixon’s comments are indefensible, and inexcusable. Now the Democrat is denying that they meant what he clearly meant to convey: calling for “justice for Brown’s family” and a “vigorous prosecution” can only mean charging Wilson, and that is what those calling for Wilson to be arrested took his comments to mean. If the Governor didn’t mean that, as he now claims, then he is 1) an ignoramus and 2) beyond incompetent to recklessly comment on an emotion-charged crisis in his state without choosing his words carefully.]

Or should we hope that the facts exonerate Wilson? After all, shouldn’t we want the one living participant in this tragedy to be able to have some semblance of a life without being forever associated with villainy? Certainly his family and friends, as well as member of the Ferguson police force who want their own ranks to be vindicated, and police all over the nation who have had their profession attacked and denigrated in the wake of the shooting, fervently hope that the narrative pushed by the demonstrators is proven wrong. Others want to see Wilson proven innocent for less admirable reasons. They want to use the incident to condemn police critics, and undermine and discredit civil rights advocates, especially long-time ideological foes like Al Sharpton. They want Eric Holder to look biased, (he looks biased anyway, because he appears to be taking sides) and to make the case—one that a single episode neither supports nor can possible rebut—that police do not have itchy trigger fingers when their weapons are pointed at young black men.

From the standpoint of ethics, which means that the best outcome will be the one that does the most good for society, the choice is complex.  Continue reading →

Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

/ Jack Marshall / 28 Comments
McCulloch: Mission Impossible

McCulloch: Mission Impossible

  • CNN’s Unethical Experts. Where does CNN find these people? Carol Costello interviewed two former prosecutors regarding the beginning of grand jury deliberations in Ferguson, both female; one white and blonde, one African American. (As soon as I retrieve the names of these disgraceful representatives of the legal profession, I’ll add them to the post.) The African American prosecutor made her position clear: since St. Louis County Prosecutor Robert McCulloch has the authority to charge Officer Darren Williams without resorting to a grand jury, that’s what he should do. She termed his resort to a citizen panel to review the evidence a “punt.” Note that McCulloch’s critics have no idea what evidence is in his hands, so criticizing his decisions regarding it is by any measure irresponsible, unprofessional and unfair. She also  suggested that McCulloch was biased against African Americans because his father, a police officer, had been shot and killed by a black man. She presented no other evidence of racial bias. Then Costello went to the blonde ex-prosecutor, who a) agreed that using the grand jury was a “punt”—again without her personal knowledge of the evidence being considered; b) opined that the evidence was probably a mess, and was not clear enough or sufficient to conflict the officer of anything, so c) what should be done is appoint a special prosecutor as in the Trayvon Martin case. She noted that the Martin special prosecutor, Angela Corey, brought an indictment without using a grand jury, and that while the case may not have had enough evidence to sustain a conviction...“at least it calmed things down.”   

Continue reading →

Comment of the Day: “Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express”

/ Jack Marshall / 66 Comments

lynch mob

I had just read a nauseating post by self-declared liberal pragmatist Justin Barogona, who authored this despicable sentiment:

“The fact is that the protests would quickly simmer down if a handful of actions were taken, none of which involves SWAT teams, tear gas, riot gear, assault rifles or armored vehicles. The moment Ferguson police officer Darren Wilson gets charged with the murder of Mike Brown, the city of Ferguson won’t find itself overtaken with protests, rallies and marches…Wilson needs to be charged with a crime, and that needs to happen sooner rather than later. Anger and frustration will only continue to build upon itself as long as Wilson isn’t staring down a murder charge.”

This is essentially extortion, bordering on terrorism, I thought. Is this really mainstream liberal thought today in the United States—mob coerced indictments, regardless of truth, due process or fairness? Sacrifice a possibly innocent public servant so Ferguson, Mo. won’t burn? Bragona’s smug insistence that the obvious course of action is to charge a man with murder for political expediency marks him as beneath contempt, an enemy of the rule of law as well as basic fairness and decency. But how close is the position of Eric Holder and the Justice Department, as well as President Obama?

This story, telling us the the Obama Administration is promising civil rights leaders “justice,”  is ominous. “Justice,” to the protesters and those who decided to make the death of Mike Brown another symbolic indictment of white racism, and the facts be damned,means only one thing: tar Darren Wilson as a racist killer. Is Obama playing a dangerous game of deceit with his core supporters, or is he merely promising justice as it is supposed to be, letting the law follow the facts after an objective investigation? The latter is the obvious ethical and responsible course, indeed the only legitimate course. I don’t believe that is what is intended or meant, however. I think the Obama Administration is determined to prosecute Wilson regardless of what the investigation reveals, because it does not have the integrity or courage to oppose the mob, and “liberals” like Bragona.

Then I read about  Isis beheading photo-journalist James Foley, and their threat to kill another American if Obama doesn’t capitulate to their demands. As the two situations began to coalesce as a blog post in my fevered brain, Chris Marchener posted what follows, making my post superfluous.

Here is his Comment of the Day on the post, Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express: Continue reading →

Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express

/ Jack Marshall / 12 Comments

trains_collision

I just can’t find a photograph of three trains running into each other–in the world of rail transport, that’s impossible.* With Ethics Train Wrecks, however, anything is possible, especially stupid, dishonest, and irresponsible things.

  • The Washington Redskins, one would think, have enough problems guiding their own Ethics Train Wreck, with the team’s owner, who would have been wise, prudent  and responsible to quietly get rid of an archaic name and logo before it became the focus of extreme political correctness bullying, having to battle government censors and opponents of free speech as well as censorious journalists and cynical Native American race-hucksters. But no! Some members of the team apparently feel that if one Ethics Train Wreck is fun, two is twice as nice. Thus it came to pass that during Monday night’s pregame introductions for the televised exhibition game against the Cleveland Browns, several Redskins players ran onto the field with their hands raised as a gesture of support for the slain Ferguson teen, Michael Brown. Brown, writes Yahoo’s Jay Busbee, “was killed by police even after witnesses said he raised his arms and told police he was unarmed. As a result, arms raised in surrender have become a symbol of solidarity and protest in connection with the Ferguson story.” [ Side Note: This is incompetent and biased reporting. Some witnesses say that; others dispute it. No account has been certified as true. Busbee suggests otherwise, and he also can’t write worth a damn: How could Brown have been killed by police after witnesses reported how he was killed?]  The idea originated with Washington safety Brandon Meriweather and cornerback DeAngelo Hall, and several players followed their lead.

Wrong, wrong, wrong: Continue reading →

The Protest Ethics Check List And The Ferguson Demonstrations

/ Jack Marshall / 55 Comments

APTOPIX Police Shooting Missouri

Protests are an American tradition, with protective rights enshrined in the Constitution, and a distinguished legacy that includes the Boston Tea Party and Martin Luther King’s civil rights marches and rallies. They are also perhaps the most misused and abused device in national politics. Most of them are useless, many of them are stupid, and too many of them do tangible harm.

The Obama Administration’s crisis of the hour is the Ethics Trainwreck in Ferguson, Missouri, where a perfect storm arose when an an inept, distrusted and untrustworthy police force and a poor and frustrated African-American population clashed over the Rashomon shooting of an unarmed black teen. Now there are demonstrations every day in Ferguson; several people have been killed, and the demonstrations have spawned rioting and looting.

What is the purpose of all of this? It better be a good one, given its cost, and the protesters better be right. The problem is that the protesters can’t possibly be right at this point, because the facts aren’t known. We are told that the reason for the demonstrations is larger than mere anger over the shooting of Michael Brown; that it’s about police harassment, abuse and violence against African-Americans and their lack of accountability for it. That would only be a sustainable justification if in fact the death of Brown was an unequivocal, clear-cut example of the phenomenon being protested. It is not, not yet, and it may never be. So again the question has to be asked: is it ethical to be protesting in Ferguson at all? Continue reading →