Archive for the '(in)justice system' Category

Convictions overturned for 2 of the Newark 4

Published by
Jack
at June 23, 2008 in (in)justice system, Uncategorized, activism and organizing, mainstream media, nyc, organizations, people of color and queer. 3 Comments

Free the New Jersey 4 Two of the four young Black lesbians who were convicted after defending themselves from a homophobic attack in 2007 have had their convictions overturned. From the New York Times article:

An appeals court on Thursday overturned the convictions of two women accused in the beating and stabbing of a man who they said made unwanted sexual advances to them in Greenwich Village two years ago.

One of the women, Terrain Dandridge, whom a jury found guilty of second-degree gang assault, had her conviction reversed and indictment dismissed; as a result she can no longer be tried on those charges. A four-judge panel of the Appellate Division in Manhattan ruled that there was not enough evidence to support a guilty verdict for Ms. Dandridge. She had been sentenced to three and a half years in prison.

The second woman, Renata Hill, who was found guilty of second-degree gang assault and third-degree assault, had her gang assault conviction vacated, but she can be retried on the charge. The court ruled that the judge’s instructions to the jury on the charge were erroneous and that therefore her conviction could not be upheld.

She was sentenced to eight years in prison, but if the Manhattan district attorney decides against further prosecution, she is likely to be released because the maximum penalty for the third-degree assault is a year and she has already been in prison longer than that.

Alexis Agathocleous, the lawyer who handled Ms. Hill’s appeal, said he was pleased and was hoping “that the district attorney’s office will also do the right thing and dismiss the remaining charge.”

The appeals for Patreese Johnson and Venice Brown are still pending, but let’s hope that they’re as or more successful than these. I also hope that, as Agathocleous says, the DA will do the right thing and drop these sham charges.

Kenyon Farrow and Jonathan Adams at Racewire both point out that in addition to the lawyers and families who have been working so hard to see justice done here, there are some awesome organizations that deserve hearty congratulations and continued support: FIERCE, Human Rights Watch, Liberation in Truth Unity Fellowship Church, and the Sylvia Rivera Law Project.

Also: while some elements of the NY media had a field day tearing these women apart when they were on trial, calling them things like “killer lesbians,” “a wolf pack of lesbians,” and a “seething sapphic septet,” they’ve been remarkably quiet about the overturned convictions so far. Funny, that. We should probably be thankful for that, though; one can only imagine what sort of fucked-up things they’d say if they did take up the story.

Edited to add: More info from the Free the NJ 4 blog. Their press release is definitely recommended reading.

cross-posted at Feministe

Examining the justice that we seek

Published by
Jack
at April 25, 2008 in (in)justice system, nyc, people of color, police state, prison abolition and racism. 11 Comments

Thanks to Margarita for helping me talk and think and rethink through these issues today.

Like the other people I know with politics similar to mine, I was angry when I heard about the verdict in the Sean Bell case this morning. And I’m still angry, for sure. I still feel like justice has been controverted yet again. I still feel like a few sad messages have been reinforced by the verdict: that the lives of people of color are given little worth in our society; that the “justice” system is of little use for many classes of people, including people of color; and that the police pretty much have a carte blanche when dealing with people of color, amongst other oppressed people.

However, I’ve also had time to do a lot of thinking and talking about the case, the verdict, what “we” (me, my friends, others with politics like mine) would have liked to see happen today, and what that all means. And it’s really complicated stuff.

I was reminded of this complication when I saw this picture of the cops who killed Sean Bell in the NY Times:

Since the shootings in 2006 and throughout the subsequent trial, I’ve found it jarring to be reminded that two of the three cops being charged in relation the incident are people of color. It’s almost as if that detail gets lost for me in the bigger picture of the case and I need to be reminded of it again and again. When I saw this picture this morning, it troubled me more than usual, because it made me realize that I was angry that three people, two of whom are men of color, are not going to prison.

I’m not used to being in that position.

If all of the cops being tried for the shootings were white, I think that my anger over the verdict would have been much more clear cut. I would have interrogated it far less. It would been black and white, quite literally; another case of white cops working within a racist police department taking the life of an innocent Black man. If they were convicted and sent to jail, I wouldn’t have shed a tear for them. If they were acquitted, I would have been enraged.

But feeling anger over the acquittal of two men of color? Yeah - that’s a weird spot for me to be in. Probably in part because that doesn’t happen very often; usually the story is the other way around and I’m getting angry over people of color being unfairly convicted and sent to prison. I don’t believe that imprisonment is the answer to any of society’s ills; in fact, for the most part I believe in prison abolition. As has been demonstrated many times, including some reports that have received a bit of public attention, the United States imprisons an appalling amount of people, and the vast majority of those people being imprisoned are people of color and poor folks.

And then there’s this case. Three cops shooting three unarmed men of color and killing one of them with 50 bullets. Two men of color on the trial for shooting three other men of color and killing one of them. Two men of color acquitted, one dead.

In a situation like this, where and how could we possibly find justice?

This is the crux of the problem: the situation is framed within a system that is so completely fucked up to the point that little good could possibly come out of it. Our ability to achieve justice is limited by the fact that the only recourses for justice available in our society are inherently unjust. So instead, we’re left grasping for approximations of justice that will invariably be unsatisfactory in the end.

Many of the organizations involved in the People’s Justice coalition - ALP, FIERCE! and SRLP among them - do not believe that imprisonment equals justice. Some of the organizations are explicitly abolitionist. And yet the emails and web postings coming from these organizations and their members about the protest at the Queens D.A.’s office, a protest that was planned no matter what the verdict wound up being, today all began with the news that all three cops were acquitted. One can only infer that these organizations don’t think that was the right verdict. Like me, these organizations are taking a stance that seems to conflict with their larger politics.

But what are we supposed to do? In this society, we take what justice we can get. A guilty verdict in this case would have sent the message that no, it is not all right for the NYPD to shoot and kill unarmed people of color with abandon, that yes,Sean Bell’s life and the lives of other people of color are worth more than that, that no, the NYPD can’t kill and injure and oppress with impunity and walk away scott free. The family of Sean Bell would have felt like someone was truly being held accountable for the murder of their son, their brother, their husband-to-be, their father.

And yet, a conviction would still be no more than an approximation of justice. First, because nothing that could possibly be done could make up for Sean Bell’s death. Second, because these three cops aren’t really the problem. Imprisoning them wouldn’t suddenly make the NYPD stop being the racist, classist, homophobic and transphobic force that it’s been for its entire existence. These three cops would take the fall, but the system that shaped them, trained them, set them up to fear and distrust and undervalue people of color - that system would emerge relatively unscathed. And in the end, two more men of color (and one white guy who’s probably not terribly high on the white male scale of privilege else he wouldn’t be a cop) would be in jail. All of that doesn’t add up to justice to me.

But we’re still angry, and we’re right to be. There is no justice here, not even a conflicted approximation of justice. What little recourse we have for achieving justice, flawed as it may be, has failed us yet again. And what’s perhaps most galling is that, time and time again, it fails us in the opposite direction. This tremendous “burden of proof” that the judge didn’t think the prosecution met in this case so often seems to disappear when the defendants are poor people of color who aren’t cops and don’t have the protection and support afforded to Gescard Isnora and Marc Cooper. If Isnora and Cooper weren’t cops and the same scene had played out that night, I’m pretty sure that both of them would be in jail already (and most of us probably wouldn’t have ever heard about it.)

no justice. none.

Published by
Jack
at April 25, 2008 in (in)justice system, action alerts, civil rights, nyc and police state. 1 Comment

Reactions outside of the courthouse
Reactions outside of the courthouse. Brendan McDermid/Reuters

The cops who murdered Sean Bell have been acquitted of all charges. I would say that it’s unbelievable, but it’s not. It’s all too believable, but no less shocking and appalling.

There may be civil, federal or departmental charges filed against the cops, and those cases may wind up approximating some sort of justice. But in truth, justice could never be served in this case, even if these officers had been convicted on all charges. Nothing could possibly make up for another life taken by the NYPD.

A protest has been organized by the People’s Justice coalition for 5:30pm today at the Queens district attorney’s office. I will probably get my ass out there (ETA: didn’t make it) but admit that I am nervous about it; hopefully the cops will be held in check because of the nature of the case and the protests, but one never knows. We can’t let the police scare us into silence and submission, but be careful, folks.

Sanesha Stewart, Lawrence King, and why hate crimes legislation won’t help

Published by
Jack
at February 20, 2008 in (in)justice system, people of color, prison abolition, queer and racism. 19 Comments

I’ve been out of town and subsequently out of touch for a while now, visiting El Paso with my partner to meet her incomprehensibly adorable two-week-old nephew. But in the midst of the happiness that babies and family and vacation bring, two pieces of tragic news have weighed heavily on my mind. Both of them demonstrate how dangerous and hostile a world this is for people who are trans and gender non-conforming.

On February 10, Sanesha Stewart, a young trans woman of color, was brutally murdered in her apartment in the Bronx. This is tragic and deeply saddening in and of itself, and part of a frightening and enduring pattern of violence against trans people. But because of this woman’s identities - trans, woman, person of color, low income - the tragedy doesn’t end with her death and the grief of those who knew and loved her. Instead, the mainstream media, specifically the Daily News, has managed to add to the tragedy with grossly disrespectful and transphobic journalism - if such garbage can even be called journalism. This, too, is part of a pattern, one that I’ve written about before. And yet, every time I read another disgustingly transphobic article, I’m still shocked and appalled that some media sources will stoop so low. Even in death, even after having been murdered, trans people are given no respect and are treated as less than human.

In an eloquent and resonating post on Feministe, Holly posits a world in which Sanesha Stewart’s murder would be treated with respect for the victim and a cold eye for the killer, then contrasts that with the lurid reality:

There was no respect and no cold eye, none at all. I must be imagining some completely different universe where young trans women of color aren’t automatically treated like human trash. Where we all live, business as usual is to make a lot of comments about what the murder victim dressed like and looked like, reveal what her name was before she changed it, automatically assume she’s getting paid for sex, and to make excuses for the alleged killer.

Only days after Sanesha was murdered, Lawrence King, a 15-year-old, openly gay, gender non-conforming junior high schooler was shot in the head and killed by Brandon McInerney, a fellow classmate, a 14-year-old boy. McInerney has been charged with first-degree murder and a hate crime, for which he could face a sentence of 24 years to life with an additional three years because of the hate crime status.

It’s mind-boggling. Mind-boggling that someone so young could be so severely punished for simply being himself; mind-boggling that someone so young could have so much hatred or anger inside of him that he could kill another kid. Or, as Holly suggests in another post, that perhaps McInerney was not acting out of simple hatred:

I fear the worst — and the worst would not just be that some homophobic asshole killed a child. There’s an even worse worst: that a child is dead, and the other child who pulled the trigger did so because he couldn’t deal with his own feelings. And now that second child will be tried as an adult, and another life destroyed.

When crimes like the murders of Lawrence King and Sanesha Stewart occur, I often hear queer and trans advocates call for strong hate crimes legislation. In a statement from the Human Rights Campaign about King’s murder (mind you, I doubt the HRC would ever release any statement about Stewart’s murder), Joe Solomnese reiterated this demand:

While California’s residents are fortunate to have state laws that provide some protection against hate crimes and school bullying, this pattern of violence against gay, lesbian, bisexual and transgender students is repeated too often in schools and communities across America each day. This tragedy illustrates the need to pass a federal hate crimes law to ensure everyone is protected against violent, bias-motivated crimes, wherever they reside.

I disagree with this response. I cannot see how hate crimes legislation can do anything to protect anyone - queer and trans people, people of color, women, and other victims of hate crimes. Hate crimes legislation only works after the fact, after someone has been victimized, hurt, or killed. Hate crimes legislation cannot undo what has been done. Nor can it undo what has been done to our society and to the individuals within it: the inscription of hatred, of intolerance, of prejudice upon our psyches. Hate crimes don’t occur because there aren’t enough laws against them, and hate crimes won’t stop when those laws are in place. Hate crimes occur because, time and time again, our society demonstrates that certain people are worth less than others; that certain people are wrong, are perverse, are immoral in their very being; that certain people deserve discrimination, derision, and disrespect.

Perhaps advocates of hate crimes legislation believe that such laws would send a message to people that homophobia, transphobia, and other forms of prejudice and hatred are wrong. I don’t think it will. How could such laws counteract the prejudices that permeate our society? I seriously doubt that hate crimes legislation that is only brought up after someone is hurt or killed can make a dent in the ubiquitous flood of messages that we receive from politicians, religious leaders, the media and pop culture that queers and trans people are less deserving of respect and rights than straight and non-trans people. In this country, all signs point to queer people being second-class citizens, and trans and gender non-conforming people being maybe third or fourth-class citizens. That is what sets up a situation where someone is targeted because of their sexuality or their gender identity, just as such dehumanization is what has fueled racist and sexist violence for centuries. And that’s simply not going to be undone by hate crimes legislation. Attacking a few of the symptoms of hatred while leaving others unhindered and the root causes untouched is never going to change much of anything.

Moreover, hate crimes legislation is far too tied up with our unjust judicial system and prison industry. How can we rely on systems that continuously target and abuse people of color, queer folks, and trans folks to protect us from targeting and abuse? Can we really trust the police, the courts, and prisons to protect us when much of the time they’re violating our rights, tearing apart our families, and ravaging our communities? Is it likely that hate crimes legislation will be applied fairly across the board in a system that consistently fails to treat all people equally? I think not. For communities that often find themselves being victimized by the judicial and prison systems, there can be little to gain in bolstering those systems and giving them more power to imprison, possibly unjustly. For my part, I’m invested in prison abolition, so “protections” that serve primarily to send more people to jail for longer periods of time are counterintuitive.

In fact, because hate crimes legislation involves no analysis of power - it’s not legislation against homophobic or transphobic or racist acts, but rather against general hatred in any direction - such laws can even be applied against oppressed people. Now, I’m not defending or condoning acts of violence or hatred perpetuated by oppressed people, nor am I saying that one form of violence is better than the other. But the lack of a power analysis built into such legislation reminds me of accusations of “reverse racism” in that they both completely miss the point. Queer folks, trans folks, people of color aren’t disproportionately victimized simply because some individuals hate them; that hatred is backed up, reinforced, and executed by an entire system of institutionalized power that allows and in fact encourages such acts of violence. The lack of acknowledgment of these systems of power in hate crimes legislation only reinforces my belief that such legislation is relatively useless in doing anything to stop homophobia, transphobia, racism and other forms of oppression, and therefore won’t do much to stop the violence that stems from said oppression.

Hate crimes legislation won’t bring Sanesha Stewart or Lawrence King back, nor will it protect other trans and gender non-conforming folks and people of color from violence fueled by hate. Instead of reacting to hatred with disapproval after the fact, we need to instill a proactive condemnation of hatred, prejudice and discrimination into our society. Sure, that’s a much more difficult job to do, but it can be done, slowly but surely, and it’s the only way we’re truly going to protect those who need protection most.

Jersey pride, well-founded.

Published by
Jack
at December 17, 2007 in (in)justice system, death penalty and politics/government. 3 Comments

I may be in Brooklyn now, but I’m not from Brooklyn - I’m from New Jersey and proud of it. Even prouder today, after NJ became the first state since 1976 to ban the death penalty. Of course, New Jersey also hasn’t executed anyone since 1963, so this may not be the most momentous of moves within the state itself. However, New Jersey is setting an important precedent and we can only hope other states (New York? Pennsylvania? Hope beyond hope, Texas?) will follow suit. So hurrah, New Jersey! I’m going to wear one of my Jersey pride t-shirts today in celebration.

SRLP Press Conference - Monday, October 1, 2pm @ City Hall

Published by
Jack
at September 30, 2007 in (in)justice system, action alerts, activism and organizing, nyc and police state. 0 Comments

The Sylvia Rivera Law Project is holding a press conference on the steps of City Hall this coming Monday, October 1 at 2pm. We hope to have the folks who were arrested and attacked by the police, members of allied community organizations, and supportive city officials speak out against police violence against our communities. We would love to have as many folks as possible show up and demonstrate support. Please come if you can! More info below.

***

FOR IMMEDIATE RELEASE: SEPTEMBER 28, 2007

Contact: June Brown
E-Mail: june (at) srlp (d0t) org
Office : (212)337-8550(x114)
Cell: (646)334-3717

On Wednesday, September 26, 2007, officers from the New York Police
Department’s 9th precinct made an unprovoked, excessive use of force
against members of the Sylvia Rivera Law Project and other community
members. While pepper-spraying a group of people who were gathered
outside of a celebration and benefit for the organization’s five year
anniversary, the police also violently arrested two people from the
crowd, Ileana Mendez-Penate and Reggie Gossett. These two people were
released the following night, and all charges were dropped. For more
details and for further updates on this issue, please see our full
press release at www.srlp.org .

A press conference will be held on Monday, October 1st @ 2pm on the
front steps of New York City Hall in Lower Manhattan. We at The Sylvia
Rivera Law Project would like to thank all the local elected officials
and their staffers, especially Rosie Mendez and her staff, who had a
hand in the eventual release of the two detainees.

WHO: Community members and Allies of the Sylvia Rivera Law Project,
including the two arrestees, Reggie Gossett and Ileana Mendez-Penate.

WHAT: A press conference on the steps of New York City Hall.

WHEN: 2:00 pm, Monday October 1, 2007.

WHERE: On the Steps of New York City Hall, in City Hall Park between
Broadway, Park Row and Chambers Street.

WHY: By holding this press conference, transgender activists and
allies prepare to send the message that excessive unprovoked police
force and false arrests by the 9th precinct or any other precinct will
not be tolerated.

They’re out! All charges dropped!

Published by
Jack
at September 27, 2007 in (in)justice system, activism and organizing and police state. 1 Comment

From the SRLP website:

Reggie and Ileana have just been released from police custody! The DA declined prosecution, which means that no charges are being pressed. They are free and clear, and are now getting the support they need from their community - in person.

We are all thrilled by this result, the only truly just outcome after a long night and day of injustice. Thank you to everyone who has helped out and expressed support, including all of the allied organizations, fellow activists, community members and councilpeople who stepped up to support us.

Although they have thankfully been released, our work around this incident is not finished. Now it is time to hold the police accountable for the unnecessary force and community targeting that occurred last night, and work so that no more incidents like this happen again to our community. We will keep you all posted as to our next steps and ways to plug in.

ACTION ALERT: More police violence against queer and trans folks in NYC

Published by
Jack
at September 27, 2007 in (in)justice system and action alerts. 8 Comments

PLEASE FORWARD WIDELY

At the Sylvia Rivera Law Project’s after-party following its fifth
anniversary celebration last night, two members of the community were
violently arrested and others were pepper sprayed by police without
warning or cause. The two folks who were arrested remain in police
custody and should be arraigned tomorrow. (More details of the
incident can be found below in the press release.)

We ask that people show up tomorrow, Thursday, starting at 9:30am and
continuing throughout the day to call for the immediate release of and
the dropping of charges against the people who were arrested. The
arraignment court rooms are at 100 Centre St (Directions: No. 4 or 5
train to Brooklyn Bridge Station; No. 6 train, N, R or C train to
Canal Street; No. 1 train to Franklin Street; M1, M6 and M15 bus lines
are nearby. 100 Centre Street is one block north of Worth Street,
three blocks south of Canal Street.) Ask for directions to the
arraignment rooms at the info desk when you enter.

For more information or to receive updates via email or text message,
contact Jack (post comments here on this blog).

PRESS RELEASE:

FOR IMMEDIATE RELEASE

Police Brutality Strikes Fifth Anniversary of Sylvia Rivera Law Project

NEW YORK - On the night of Wednesday, September 26, officers from the
9th Precinct of the New York Police Department attacked without
provocation members of the Sylvia Rivera Law Project and of its
community. Two of our community members were violently arrested, and
others were pepper sprayed in the face without warning or cause.

The Sylvia Rivera Law Project (www.srlp.org) is an organization that
works on behalf of low-income people of color who are transgender,
gender non-conforming, or intersex, providing free legal services and
advocacy among many other initiatives. On Wednesday night, the Sylvia
Rivera Law Project was celebrating its fifth anniversary with a
celebration and fundraising event at a bar in the East Village.

A group of our community members, consisting largely of queer and
transgender people of color, witnessed two officers attempting to
detain a young Black man outside of the bar. Several of our community
members asked the officers why they were making the arrest and using
excessive force. Despite the fact that our community was on the
sidewalk, gathered peacefully and not obstructing foot traffic, the
NYPD chose to forcefully grab two people and arrested them. Without
warning, an officer then sprayed pepper spray across the group in a
wide arc, temporarily blinding many and causing vomiting and intense
pain.

“This is the sort of all-too-common police violence and overreaction
towards people of color that happens all the time,” said Dean Spade,
founder of the Sylvia Rivera Law Project. “It’s ironic that we were
celebrating the work of an organization that specifically opposes
state violence against marginalized communities, and we experienced a
police attack at our celebration.”

“We are outraged, and demand that our community members be released
and the police be held accountable for unnecessary use of excessive
force and falsely arresting people,” Spade continued.

Damaris Reyes is executive director of GOLES, an organization working
to preserve the Lower East Side. She commented, “I’m extremely
concerned and disappointed by the 9th Precinct’s response to the
situation and how it escalated into violence. This kind of aggressive
behavior doesn’t do them any good in community-police relations.”

Supporters will be gathering at 100 Centre Street today, where the
two community members will be arraigned. The community calls for
charges to be dropped and to demand the immediate release of those
arrested.

- END -

ACTION ALERT: Make calls demanding justice for the Jena 6

Published by
Jack
at September 20, 2007 in (in)justice system, action alerts and racism. 0 Comments

Folks who have access to a phone and affordable or free long-distance should check out Color of Change’s phone calling tool. It’ll give you the number for a person in a leadership position who can have some impact on the Jena 6 case, along with a script tailored specifically for what that person can do about it. The page will also let you easily report back to the Color of Change folks to let them know you’ve made the call and inform them of the response that you got. You can also take part in Amnesty International’s campaign demanding that the Justice Department investigate what’s going on in Jena. And if you haven’t yet, sign Color of Change’s petition which has 256,276 signatures as of this writing, and check out their additional info for how to participate in today’s Day of Action.

An everyday story of modern America

Published by
Jack
at September 18, 2007 in (in)justice system, action alerts and racism. 2 Comments

I’m kind of amazed at myself for not having blogged about the Jena 6 yet, but better late than never, right? Today I read an article from the Guardian UK entitled Apart from the noose, this is an everyday story of modern America. It is a spot-on analysis of how, while the injustices being committed against these young Black men are particularly gross and getting more attention than usual, what’s happening in Jena is merely symptomatic of the racism that permeates American society - North and South, rural and urban. From the article:

According to the census, the top five segregated cities - Detroit, Milwaukee, New York, Chicago and Newark - are all in the north. According to the Sentencing project, a pressure group for penal reform, the 10 states with the highest discrepancy between black and white incarceration include Vermont, Connecticut, Rhode Island and New York - which all consider themselves liberal - but there are none from the south. Jena’s problem is not that it has proved itself more racist than the rest of the country, but that it has manifested its racism with insufficient subtlety.

This Thursday, September 20 is a nationwide day of action to show support for the Jena 6 and outrage at the racist injustice with which they continue to contend. Organizers are estimating that more than 10,000 people are going to show up in Jena (a town of approximately 3,000) for the protest, but rallies and other demonstrations of support are being scheduled around the country, so try to find one near you. For Brooklynites, there’s a rally on the steps of Brooklyn Borough Hall scheduled from 9:30am to noon.