The Michael Slager Trial: When The Ethical Course Is To Not Exercise a Right

shooting_of_walter_scott

Michael Slager is the white North Charleston police officer who stopped African American Walter Scott for a taillight violation on April 4, 2015, and in the ensuing events, ended up fatally shooting Scott as he fled the scene, in the back, as recorded on a cell phone video. Of all the many police-involved shootings, this is the least equivocal. Slager is guilty of murder of one kind or another: in South Carolina, there is only one kind, and  mitigating circumstances are reflected in the sentence. He could receive life in prison, or much less time.

But every criminal defendant has the right to be tried by a jury of his peers before the law finds him guilty, and Slager is taking full advantage of the right. In doing so, he is forgoing his last clear chance at redemption. The former officer—he has already been fired for the episode and not just put on paid leave, as is usually the case—is understandably trying to avoid a conviction and jail time, even though, should he be acquitted by some miracle or act of mass hypnosis, it would be certain to provoke even more anger and distrust in the black community, and, I would hope, among non-African Americans as well. A justice system that finds, no matter how it reaches such a conclusion, that an officer who shoots a fleeing man dead like Slager did is not guilty needs to be blown up and seeded with salt. When Slager’s first lawyer saw the video, he quit.

Do you think an acquittal is impossible? Don’t. All that is needed is a jury full of people who “think,” and I use the word generously, like the signers of this petition. I’m pretty sure that there are more than twelve of them available. Continue reading

Ethics Quiz: The Martin O’Malley Dilemma

hooked-off-stageI didn’t mention it in the post on the last Democratic presidential candidates debate (I should have), but the NBC moderators went out of their way to give as little attention and camera time to former Maryland governor Martin O’Malley as possible. The frustrated third wheel found himself begging for time like Jim Webb in the first debate, and several commentators have noted that Andrea Mitchell and Lester Holt were openly disrespectful to him, making it clear to all that he was irrelevant.

Disrespect is usually unethical, and the conduct of the moderators was indeed disrespectful, essentially marginalizing O’Malley and muzzling him as well. The context, however, is that they may have a point. O’Malley has been running from the start. He has said nothing to distinguish himself from Hillary Clinton or Bernie Sanders, other than remind everyone that he’s the only ex-governor in the race. He is polling in Lincoln Chafee territory, even though his opposition is a superannuated socialist whose positions make no sense, and a previously rejected serial liar who is facing a possible indictment. Is he the equivalent of the guest who won’t leave the party?

Your Ethics Alarms Ethics Quiz question today:

Is the news media treating Martin O’Malley unfairly?

Continue reading

Ethics Observations On The South Carolina Democratic Candidates Debate

Debate transcript here.

1. The cynical effort to protect Hillary Clinton by scheduling debates at times when as few people as possible will watch them has officially become ludicrous, and also beyond denial. CNN’s alleged media watchdog Brian Stelter, in one of his occasional non-partisan episodes, grilled Debbie Wasserman Schultz on the strategy Sunday, and got a typical Wasserman Schultz-ish non answer, as she compared the TV rations with past debates and then mocked the Republican debates, which have been more conveniently scheduled and have garnered far more viewers. This time the tactic worked on me: my wife wanted to watch “Downton Abbey” (during the debate, one website wag on a post about the Democrats wrote, “Lady Crawley is losing the debate with Mrs Hughes and with The Hospital Board merger. Sad.”) Showtime was also running “The Godfather Epic,” which I had never seen, re-editing I and II together (but somehow differently from “The Godfather Saga.” I didn’t last to the end, so I assumed it also included III, and so wrote until a commenter put me straight), and then there was the football game. I had to watch the MSNBC re-run late into the night.

2. Several commenters claimed that Bernie was rude to Hillary, making funny faces, shouting. That’s Bernie, though, and here we go again: Hillary’s a feminist, but her supporters want to impose a double standard of how she is treated in the rough-and-tumble world of politics. This has, after all, been very effective from the race perspective insulating Barack Obama. If the Democrats dare to run such a corrupt candidate as Hillary, they will deserve Trump as the opposition, the one candidate who won’t pay any attention to media claims that he should pull his punches.

Nothing Bernie did during last night’s debate was nearly as outrageous as Joe Biden’s snorting, snickering, eye-rolling and constantly interrupting performance in the 2012 Vice-Presidential debate with Paul Ryan, as Martha Raddatz played “boxing referee who has taken a bribe” by ignoring it all. Well, but Ryan’s a guy, and a Republican , so he didn’t deserve common civility.

3. The central dishonesty in this debate and all of the Democratic debates is the inherent hypocrisy of simultaneously saying the economy is a mess and Wall Street is pulling the strings, while extolling the record of Barack Obama. Sanders is the most hypocritical, at one point proclaiming his pro-Obama bona fides as he runs a campaign calling for a revolution.  Here’s Sanders in his opening:

“As we look out at our country today, what the American people understand is we have an economy that’s rigged, that ordinary Americans are working longer hours for lower wages, 47 million people living in poverty, and almost all of the new income and wealth going to the top one percent….This campaign is about a political revolution to not only elect the president, but to transform this country….”

4.  Once again, all three candidates used cover words and vagueries to advocate “comprehensive immigration reform” without saying what that is. Nor did  NBC’s softball-tossing moderators, nor the candidates to each other, demand details and meanings. What “reforms”? Opening the borders? Making all illegal immigrants citizens? How long will illegal immigrant-pandering Democrats be allowed to get away with this? If they really are willing to sacrifice U.S. sovereignty, they have an obligation to say so, and clearly. Continue reading

The Brelo Acquittal: Once Again, No Just Cause For Protest

Brelo car

Nobody should doubt that there are too many instances of excessive police force, that racism must playsa factor in many of these episodes, and that prosecutors and juries give police special, and perhaps excessively generous,  consideration when cases of alleged abuse come to trial. The sheer numbers compel that concludion. However, the now routine presumption on the part of civil rights activists, much of the news media and Obama racially-biased Justice Department that every instance where an unarmed African American is killed by a police officer warrants indictment and conviction is as pernicious as racism itself, and threatens the rule of law as well as any semblance of peaceful race relations.

Every incident is not like the Walter Scott shooting in South Carolina, where the police officer’s actions were unequivocally homicidal, but the news media seems to blur the lines as much as it can. In the current controversy out of Cleveland, police officer Michael Brelo’s acquittal of murder charges was announced with headlines resembling  Slate’s “Cleveland Police Officer Acquitted for Firing 15 Shots That Killed Unarmed Black Couple,” which makes it sound as if Brelo personally executed the Huxtables while they were taking a Sunday drive. “Cleveland Police Officer Acquitted for Firing 15 Shots out of 137 That Killed Two Mentally-Ill, Homeless Addicts Under The Influence of Drugs Who Fled A Lawful Police Stop And Were Credibly Believed to Have Discharged A Firearm” would have been lengthy, but also would have been fair rather than deceitful.

The acquittal came because there was no way to determine for certain that Brelo’s shots were the ones that killed the couple.  Nor were the Cleveland officers’ presumption that deadly force was necessary unreasonable. Police had been informed that shots had been fired from the car (they turned out to be backfires from the auto), and the driver  had certainly exhibited reckless conduct. Was it necessary for Brelo to jump up on the hood of the car after multiple shots had been fired into it by other officers (the chase involved over 60 police cars)?  Were more shots fired by all concerned than necessary? Maybe and almost certainly, but neither of those facts add up to guilt for the officer, or justification for another “Hand up, Don’t shoot!” protest. Officers didn’t know the occupants of the fleeing car were unarmed, and had reason to think they were armed. They didn’t know they were a “couple,” or African American, or mentally ill.

Never mind; African American protesters are demonstrating, protesting and getting arrested in Cleveland anyway. 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

“Ick Factor” At Its Worst: No, The Bystander Who Took The Video Of Walter Scott’s Shooting Isn’t “Cashing In”

Q. "Oh, ICK! Why would you take money for THAT?" A. Because it's valuable, they want it, and I own it, you idiot.

Q. “Oh, ICK! Why would you take money for THAT?”
A. Because it’s valuable, they want it, and I own it, you idiot.

Slate Magazine’s Josh Voorhees seems to think there is something unseemly about Feidin Santana, the bystander who recorded the film on his smartphone showing North Charleston police officer Michael T. Slager shooting and killing Walter Scott on April 4, seeking payment from news outlets who use his video.

In an article revealing that Santana’s lawyers are making the case that he is entitled to compensation, Voorhees writes, “While it may seem opportunistic to try to make money off a video of someone’s death…” and later,

“Regardless of how you feel about Santana trying to cash in, if nothing else it provides another incentive—albeit a less noble one—for bystanders to whip out their phones and start filming when they see a police confrontation.”

Let me be uncharacteristically blunt: anyone who sees anything unethical, unseemly, ignoble or opportunistic about Santana seeking fair payment for his property when it is being used by news outlets all over the country as if the video was shot by their own employees is either… Continue reading

Proof Of Evolving Ethics Enlightenment: Bert The Cop Would Have Shot Walter Scott In The Back Too

For those who think that our ethical sensitivities don’t evolve for the better over time, I prescribe a careful viewing of that family classic, “It’s A Wonderful Life.”

At the film’s climax, George Bailey, the self-sacrificing hero who has been granted his inadvertent wish to see what the world would be like if he had never been born, finds the love of his life and (in the life he has given up for this dystopian hell) the mother of his children now unmarried, alone and working as a librarian despite the fact that she looks like Donna Reed. He embraces her, and since she’s never met him in this alternate reality, she screams, believing she is being sexually assaulted by a madman. Kind, jovial police officer Bert is summoned to quell the ruckus, and George, who is a bit upset, punches him in the face to avoid arrest, and runs away. Bert then takes out his pistol and fires it at George repeatedly.

He’s a lousy shot.

In 1946, when audiences first saw this film, nobody thought there was anything unusual about Bert’s professional conduct. Many, many films right through the 1960s show police officers, “good guys,” even ones not trapped in a strangely mean alternate reality like Ward Bond’s Bert, shooting at fleeing suspects or criminals. That was considered appropriate police procedure then, and the public, society and U.S. culture saw nothing amiss. You were expected, as a good citizen, to submit to a police officer’s lawful authority. If you resisted arrest and ran, then it was fair and reasonable for the officer to shoot you, ideally after a “Stop or I’ll shoot!” warning. Indeed, many people were shot, and killed, this way. If it was news, it wasn’t on the front page, and it wasn’t considered any kind of an outrage.

Now consider the public and media reaction to Michael T. Slager’s shooting of Walter Scott. We now know that Scott was resisting arrest: he had a bench warrant out on him for non-payment of over $18,000 in child support, and Slager was trying to bring him into custody. Instead of doing as the officer demanded, Scott resisted and ran. Burt would have shot at his back too; the difference is that Slager is a better shot, and George was faster. Slager, however, is completely reviled across the country; even his own lawyer found him so repugnant that he refused to represent him.

That represents a massive shift in cultural values in a little over half a century. Continue reading

CNN: “How Is The North Charleston Shooting Different From Ferguson?” KABOOM!

HeadExplode3

My answer:

“In North Charleston the officer executed a fleeing man, while in Ferguson an officer used appropriate force to defend himself, but CNN represented the story as an officer executing a fleeing man anyway.”

I literally just saw this minutes ago, so I can’t provide a link, and because smug, biased, despicable-beyond-words CNN morning anchor Carol Costello caused my head to explode with her commentary, the accuracy of my quotes may be a little off.

My brains hit the ceiling the second Costello said, “Unlike the shooting of Mike Brown by a Ferguson, Missouri police officer, the shooting of Walter Scott in North Charleston was captured on video. Witnesses in the Ferguson case disagreed about key facts in the shooting, and about whether Brown’s hands were up or not.”

Disgusting journalism, and close to pure evil. How long did Carol labor over that deceitful phrasing? Though Mike Brown’s shooting has been decisively shown by the credible eye-witness testimony and forensic evidence to have been consistent with the police officer’s account, and though the witnesses claiming that Brown was surrendering have been shown to be following the lead of CNN guest Dorian Johnson, who lied about what happened and set off the nationwide “Hands Up! Don’t Shoot!” protest theme, Costello and CNN are deliberately linked the two incidents, suggesting in tone and context that had there been a video, Darren Wilson might have been shown to be an executioner too. Continue reading

Introducing “The Marmion Award” and Its 2012 Honorees, Lavera Irene Hammond-Jackson and Stella Hammond-Jackson

Don't be so gloomy, Sir Walter! Here, let me cheer you up by telling you about the tangled web woven by the

Don’t be so gloomy, Sir Walter! Here, let me cheer you up by telling you about the tangled web woven by the Hammond-Jacksons!

I may never award this particular prize again, but a spectacular episode of incompetent mendacity like this needs to be immortalized. The Marmion Award is named in honor of “Marmion,” the long epic poem by novelist and poet Sir Walter Scott (1771-1832). The work is best known for its lines:

Oh! what a tangled web we weave

When first we practice to deceive!

A Palmer too! No wonder why.

I felt rebuked beneath his eye.

I don’t know what Palmer has to do with it, but the reasons for the award will be immediately apparent when one reads the hilarious and deadpan Oconee County Sheriff’s Office account of the shoplifting arrest of a mother-daughter team at a Walmart’s in Oconee County, South Carolina. While it is refreshing, in an era when so many teens are estranged from their parents and reject their values, to see a mother and daughter so close in interests and ambitions, I cannot help reflect on how the daughter in this case never had a fighting chance to join the ranks of honest, respectable, productive members of society, since her mother has obviously raised her to be a shameless thief and a liar, and by the evidence of this report, succeeded in her goal. The report also shows, unfortunately, that a proud mentor’s offspring is unlikely to become a convincing liar if her mother and teacher is this inept at it herself.

Here is the report, reprinted in the Oconee Patch. I want to thank the patch, Fark, which flagged it, the Oconee County Sheriff’s Office, which preserved it for posterity, and especially the Hammond-Jacksons for giving me, in my depressed holiday state, the best laugh I’ve had in a long, long time.  Continue reading