Sandra Bland

Ethics Hot Topics, 7/13/2021: A Date That Will Live In Ethics Infamy

/ Jack Marshall / 22 Comments

1. Black Lives Matter…This is truly a date that will live in ethics infamy, or should: on July 13, 2013, the acquittal of George Zimmerman, accused of murdering Trayvon Martin in 2012, prompted Oakland, California resident Alicia Garza to post a message on Facebook containing the phrase “Black lives matter.” Garza said she felt “a deep sense of grief” after Zimmerman was acquitted (as he should have been and had to be based on the evidence.) She said she was further saddened that many people to blamed the victim, Martin, and not the “disease” of racism.

As has marked the soon to emerge Black Lives Matter movement, facts didn’t matter to Garza. Martin was the aggressor, and was the only one of the two parties involved who made race-related comments prior to the confrontation. Zimmerman shot Martin in self-defense, and the prosecution’s own investigator testified to that fact. Never mind: Patrice Cullors, a Los Angeles community organizer and friend of Garza’s, read her post and replied with the first instance of #BlackLivesMatter, which quickly “went viral.” Garza, Cullors and fellow activist Opal Tometi built a network of community organizers and racial justice activists using the clever but misleading name Black Lives Matter, and the phrase and the hashtag were used by grassroots activists and protests all across the country, many of them based on false narratives implying racism where no evidence of it existed, as in the deaths of Michael Brown, Eric Garner, George Floyd and others. It is now a powerful and profitable, if intellectually dishonest and divisive, force in American culture and politics. The damage the movement has already done is incalculable; the damage it will do is frighteningly uncertain.

I note that in the description of the movement on the allegedly objective History.com is that it is “simple and clear in its demand for Black dignity.” That’s laughable (but then, historians) since the name is anything but clear, and deliberately so. It stands as a false accusation against American society and non-black citizens that black lives do not matter to the rest of the population except the woke, and thus has spurred the attack on the nation’s legitimacy by purveyors of Critical Race Theory and the “1619 Project.” The seemingly benign slogan deftly avoids contradiction and makes dissent perilous (“What, you don’t think black lives matter, you racist?“) while being used to justify Marxism, censorship, reparations, race-based hiring, promotions and benefits, and other discriminatory activities and policies.

2. In a related July 13 note, this was also the date, in 2015, when Sandra Bland was found hanged in her cell. Bland’s name is also among those used as a BLM rallying cry, and like so many of the others, that is based on a presumption of racism and other facts unproven. On July 10, 2015, Texas State Trooper Brian Encinia pulled over 28-year-old Bland, an African American, for failing to signal a lane change. She refused to cooperate; he was unprofessional. The officer arrested her and took her to a nearby jail. Several days later, she was found dead, and an autopsy concluded she had hanged herself with a plastic bag.

Of course, Bland’s family and friends suspected that the official report of her suicide was a cover-up, because police are racists. But Bland was a police confrontation waiting to happen. She considered herself a Black Lives Matter activist, writing in one social media post, “In the news that we’ve seen as of late, you could stand there, surrender to the cops, and still be killed.” That’s ironic, because if she had just accepted the minor traffic stop without fighting with the officer, she might be alive today. Bland had at least ten previous traffic-related encounters with police in Illinois and Texas; she had been charged five times for driving without insurance, four times for speeding, and once each for driving while intoxicated and drug possession. Her last conviction was for shoplifting, and she owed $7,579 in unpaid fines at the time of her death. Encina was fired, and Bland’s family received the obligatory wrongful death settlement, in this case almost $2 million.

Continue reading →

The Democratic National Convention Presents The Most Unethical Use Of Mothers Yet

/ Jack Marshall / 18 Comments

Mothers

The Republicans exploiting the grief of Patricia Smith, the mother of a young man slain in the 2012 Benghazi attack, by putting her on the party’s convention program was irresponsible and ethically revolting, especially from a party that (correctly) labelled Cindy Sheehan a grief-addled nuisance when she was protesting the Iraq War. Smith’s emotional rant against Hillary Clinton was pure grief porn, and expanded the sensationalist  trend in the news media (and legislative hearings) to use the most conflicted and biased figures imaginable—the loved ones of victims of tragedy—to frame a controversial issue in complex events.

Naturally, the Democratic Party’s allies in the media returned the hypocrisy many-fold. Maureen Dowd of the Times, who had pronounced Sheehan as someone with “absolute moral authority”—because having one’s son killed instantly makes you an authority on foreign affairs, at least when a Republican President is in office—was silent about Smith’s moral authority as she was attacked by critics, including the Washington Post, Chris Matthews, and a GQ writer who wrote that he wanted to “beat her to death.”

Foolishly, I took these attacks as  a hopeful sign that the Democrats and progressives were maturing ethically, and had rendered the proper ethics judgment that by prioritizing emotion over reason, it was unfair, misleading, exploitive and irresponsible to use grieving mothers this way. No, it wasn’t hypocrisy. It was ethical growth. Democrats, unlike Republicans, now knew this was a cheap and tawdry tactic, and they would no longer stoop so low.

Boy, am I gullible.

It was hypocrisy, and the Democrats wouldn’t stoop as low as Republicans, they would stoop much, much, much lower.

Among those who appeared on the Hillary Clinton coronation stage last night were members of Mothers of the Movement, an offshoot of Black Lives Matter. Though the message spoken by these women appeared to be about police brutality, unjustly killed black men and the need to ban guns, their commonality was only this: all of them were mothers of African Americans who died violently, and all of them blame whites, police, guns, the justice system or the United States of America, regardless of evidence, the findings of juries, and investigations. That is a fair description.

Let’s look at the women who appeared on stage: Continue reading →

“We Understand One Of My Colleagues Raped You. Here, Have A Taco, And Shut Up”

/ Jack Marshall / 21 Comments

taco

Some sadistic and none-too skilled cynic appears to be writing the news, and I don’t appreciate it, especially the news about how our justice system deals with rape.

Felipe Santiago Peralez, a La Joya, Texas police dispatcher, repeatedly assaulted, raped, terrorized,  and forced a woman into performing various sex acts during an “all night invasion of her body” while she was in the custody of the La Joya police department for a misdemeanor probation violation. Even after Peralez’s colleagues and superiors saw the jail security video, they refused to take his victim to a hospital for an examination as required by Texas law for all rape investigations. One of them was  kind enough, she says, to offer her a taco. (It is unknown if she actually ate the taco, or if it was yummy.) An officer also told her that if she breathed a word about what happened, she was liable to go “missing.”

This happened in 2014. The La Joya police chief at the time also saw the video, and reported it to city authorities. As a result, a Hidalgo County grand jury charged Peralez with three counts of civil rights violations and one count of “official oppression”—yes, I would agree that a cop sticking various objects, organic and otherwise, into a confined woman’s vagina without her consent qualifies as “oppression”— and he was sentenced to a whopping 6 months in state jail and 30 days in county jail after a plea bargain.

See? Those Texas types know how to handle rapists with rough, effective frontier justice…none of this lame California sentencing, with a rich kid Stanford swimmer getting just six months because he promises that he’ll devote his life, well, some time anyway, to telling other rich kids not to drink so much that they think unconscious women are blow-up sex dolls. Yup, none of that slap on the wrist nonsense in Rick Perry’s domain! There, a police rapist gets six months AND another month. It serves him right! Don’t mess with Texas!

All of this comes to light in a law suit filed by the victim, referred to as A.R., that names Peralez, the City of La Joya, its former and current police chiefs, its city administrator, several La Joya police officers, the city of Peñitas, its police chief and two more officers there, and asks for 70 million dollars in damages.

I feel like I’m losing my mind. How can an entire community become so corrupt that it would behave this cruelly and unjustly? The police officer who warned A.R. to keep her mouth shut was a woman. The whole story reads like the screenplay of a lurid revenge fantasy like “I Spit On Your Grave,” except that it’s missing the fun part where the victim meticulously tracks down her abusers and tortures them to death in the most ingenious and disgusting ways possible. Of course, it appears that A.R. would have to track down the whole town, including its police force and the grand jury. And the local news media. When the justice system delivers this kind of outrage, isn’t the media supposed to report it, and loudly? Maybe reporters were told that they might go missing too.

Or someone offered them tacos.

The absence of any national reporting on this two-year-old horror is just one of the aspects of the story I find disturbing. Such as… Continue reading →

Suggested Journalism Ethics Rule For The Washington Post: If You Want To Publish Race Hate, Anti-American Op-Ed Pieces,At Least Insist That They Don’t Misrepresent The Facts.

/ Jack Marshall / 11 Comments

Is that too much to ask?

Sunday last,  the Washington Posts’s Outlook section included an anti-American diatribe against police and whites by a California public defender named Raha Jorjani. I know there are black racists that see the world, law enforcement and government as he does, and there is nothing wrong or irresponsible in the Post allowing such screeds to see the light of day in its pages—all the better to expose them. I would feel better if the equivilent racist bile from the white side was not treated differently, but I tire of pointing out this double standard, at least right now.

But no editor should allow such a piece to include factual distortions on the scale of the opening paragraph, which begins,

Suppose a client walked into my office and told me that police officers in his country had choked a man to death over a petty crime. Suppose he said police fatally shot another man in the back as he ran away. That they arrested a woman during a traffic stop and placed her in jail, where she died three days later. That a 12-year-old boy in his country was shot and killed by the police as he played in the park.

Suppose he told me that all of those victims were from the same ethnic community — a community whose members fear being harmed, tortured or killed by police or prison guards. And that this is true in cities and towns across his nation. At that point, as an immigration lawyer, I’d tell him he had a strong claim for asylum protection under U.S. law.

What if, next, he told me he was from America? Black people in the United States face such racial violence that they could qualify as refugees.

The short and well-earned response to his last sentence is “Bullshit.” Before one can even get to his offensive and absurd (and paranoia-seeding: the lawyer must regard it as good for business) thesis, the utter dishonesty of his premises disqualify the op-ed for serious consideration, as well as raise question about the way this guy would practice law. If that is how he represents facts in court, he won’t be a lawyer long: Continue reading →

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

http://www.youtube.com/watch?v=CBh3wzXd3vg

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →