Eyes on the Courts
Commentary by Black Kos Editor Denise Oliver Velez
For as long as I can remember, the path our boots on the ground in protest have taken have led us up the steps into some courthouse. "Eyes on the prize" becomes eyes on judges and juries.
Whether federal, state or local, we wait to see if justice means "just-us people in power" or if the voices of the black, brown, yellow, red and rainbow segment of citizens will triumph under the rule of law.
Many of us, around the nation have turned our eyes to a courthouse in Florida, where the trial of George Zimmerman has opened.
For us, the murder of Trayvon Martin has become this decades trial of the racist murderers of young Emmitt Till which took place in 1955.
That trial ended in acquittal
Only three outcomes were possible in Mississippi for capital murder: life imprisonment, the death penalty, or acquittal. On September 23 the jury acquitted both defendants after a 67-minute deliberation; one juror said, "If we hadn't stopped to drink pop, it wouldn't have taken that long."
Bob Dylan immortalized the failure of justice in song:
And then to stop the United States of yelling for a trial
Two brothers they confessed that they had killed poor Emmett Till
But on the jury there were men who helped the brothers commit this
awful crime
And so this trial was a mockery, but nobody seemed to mind
I saw the morning papers but I could not bear to see
The smiling brothers walkin’ down the courthouse stairs
For the jury found them innocent and the brothers they went free
While Emmett’s body floats the foam of a Jim Crow southern sea
If you can’t speak out against this kind of thing, a crime that’s so unjust
Your eyes are filled with dead men’s dirt, your mind is filled with dust
Your arms and legs they must be in shackles and chains, and your blood
it must refuse to flow
For you let this human race fall down so God-awful low!
That all-white jury was par for the course in our past.
Jury selection has begun in Florida. We will be watching closely to see the composition of the panel.
Meanwhile, up north in New York City, we wait for Federal Judge Judge Shira Scheindlin to hand down a decision in Floyd, et al. v. City of New York, et al, which we refer to as the "Stop and Frisk" trial.
The Center for Constitutional Rights has a full summary.
The eyes and ears of the nation will also soon be turned to the Supremes.
The Roberts Court will be ruling on affirmative action (Fisher v. University of Texas), the the Voting Rights Act (Shelby County v. Holder), and marriage equality (Hollingsworth v. Perry and United States v. Windsor).
These, and other crucial judicial decisions; past, present and future, should serve to remind us yet again, to keep our eyes on the prize.
Do not forget that elections have judicial consequences.
No matter how hard we protest in the streets, we wind up walking up courthouse steps.
Let us not forget who appoints judges.
The right wing knows this as well as we do. Hence the increasing restrictions on our right to vote.
Do not be distracted.
Keep your eyes on the prize.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
News by dopper0189, Black Kos Managing Editor
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I wasn't the only one that noticed this. Radio One: Republican Youth-Rejection Study Ignores Blacks.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
That’s why I have one specific bone to pick with this report:
The report is based largely on two national surveys of 800 registered voters each, ages 18-29, and six focus groups of young people, including Hispanics, Asian-Americans, single women, economically struggling men, and aspiring entrepreneurs in Ohio, Florida, and California who had voted for President Barack Obama — he cleaned up with 60 percent of the youth vote — but were considered “winnable” for the GOP.
So you’re trying to rebuild your party’s brand among a new generation, yet you’re continuing to ignore Black people?
And they can’t say there aren’t any young Black Republicans around. There are plenty of Carlton Banks’ around. Plenty.
Not only would the inclusion of Blacks be good for the GOP, it’d be just as good for us. We deserve to be courted by two parties the same way everyone else does. Like we deserved to be lied to by both Democrats and Republicans just as much as single women and Latinos are. Why do we keep having to state the obvious to the GOP?
If Republicans truly want to look like something other than the party for the “closed-minded, racist, rigid, old-fashioned,” act like it.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cabinet sends strong message to Kenyans that things are changing fast, the wildlife sector will thrive and who seek to destroy the wildlife asset will not be tolerated. The Guardian: Kenya overhauls wildlife laws following rise in elephant and rhino deaths.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kenya's Cabinet has approved a complete overhaul of the country's national wildlife legislation by approving the Wildlife Bill and Policy, in one of the swiftest responses to the recent reports of escalating poaching of elephants and rhinos. Parliament is expected to quickly ratify this decision which will open a new era of wildlife conservation in Kenya where tourism which is largely wildlife-based generates 12% of the Gross Domestic Product and creates over 300,000 jobs.
African elephant herd on the move in Amboseli National Park, Kenya. Wildlife tourism is crucial to the country. Photograph: Martin Harvey/AP
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1641 Dutch painting, inspired by the artist's time in Brazil, shows the complexity of slavery. The Root: In 1600s Brazil, Blacks Stuck in 2 Worlds.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In 1636 Count Johan Maurits van Nassau-Siegen was appointed governor-general of New Holland, a recently established Dutch sugar-producing colony in northeastern Brazil. With an attitude typical of European noble princes of the period, the cultured aristocrat embraced his duties with a studied curiosity about the land and its people. To supplement his prodigious collecting habits, he brought along a small but varied team of artists and scholars to compile a comprehensive visual record of this new land.
Albert Eckhout, along with the landscape artist Frans Post, was one of two formally trained painters charged with recording the complexity of the local scene. The seven years he spent in Brazil constitute an invaluable contribution to the understanding of the European colonization of the New World. During his stay he created hundreds of oil sketches -- mostly from life -- of the local flora, fauna and people.
At some point, either in Brazil or back in Holland, Eckhout painted eight large canvases depicting life-size images of the native population of Brazil. The series consisted of four pairs of male and female figures, seen in spacious landscapes of typical scenery. There were two pairs of native Americans, and another pair representing individuals of mixed race.
Black man in a tropical landscape, Albert Eckhout, 1641.
Oil on canvas, 264 by 162 cm. Nationalmuseet, Copenhagen
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hopefully they can avoid the resource curse that plagues so much of the developing world. Miami Herald: Haiti hosts 1st conference on mining efforts.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Haiti brought in mining experts from around the world Monday in hopes of developing precious metals in one of the world's poorest countries.
Until last year, few knew that Haiti had precious minerals underground. Two mining companies have begun drilling for gold, copper and silver in the country's northeastern mountains. They say testing indicates the metals could be worth $20 billion - a lot of money for a country where most of its 10 million people live on just $2 a day.
"Haiti would like to place itself as an emerging mining country in the next 20 years," Prime Minister Laurent Lamothe told the conference.
He said it needs a mining code that is "modern and precise" and must "allow for transparent contracts with competent experts who have national interests at heart."
Lamothe said in September that he hoped to introduce a mining law within six months. The legislation would lay out rules on royalties for the government and on environmental protection.
In recent months, the Haitian government has awarded its first gold and copper exploration permits to SOMINE SA, which is jointly owned by Canadian company Majescor Resources Inc. and Haitian investors, and VCS Mining LLC, a North Carolina-based mining company with offices in Haiti.
However, few Haitians known much about the mining efforts. The camps are unmarked and the work is being carried out in remote villages.
Haitian lawmakers and others have accused the government and mining companies of giving too little information about contracts and progress. Actual mining is unlikely to happen for years.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If you think people were wrongfully stopped, searched, and arrested before, the 5-4 decision made by the Supreme Court to allow the collection and storage of DNA of anyone who is arrested will make prior stop and frisk statistics look like child’s play. NewsOne: SC Ruling Allowing Cops To Take Public’s DNA Will Have Negative Impact On Blacks, Poor.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This decision, to the shock and dismay of many in the legal profession, will surely have a disproportionate impact on Blacks and the poor.
The origin of this new law is from a Maryland case, where Alonzo Jay King was arrested for assault and his DNA was collected upon arrest, but prior to a conviction. His DNA swab matched a 2003 rape case, which he was convicted of. His lawyers appealed the case stating that the DNA collection was an invasion of his rights against unreasonable search and seizure due to the DNA being collected and tested for other unrelated cases, prior to his conviction.
The Maryland Court of Appeals ruled that the collection of this DNA prior to conviction was not a violation of his Fourth Amendment rights of privacy. The case was appealed to the United States Supreme Court and was upheld.
Now, not only does the DNA swab upon arrest apply in Maryland, it applies for the entire United States.
In the end, the justices had to balance the benefits and the intrusion of a simple cheek swab — and the considerable benefits won out. Justice Anthony Kennedy wrote the majority’s 5-4 decision, in which one liberal justice, Stephen Breyer, concurred. The key to the ruling, Kennedy said, is “reasonableness.”
“DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure,” Kennedy said. “Taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
”
But I beg to differ, in this country there has already been a history of unfair arrests, searches, and traffic blocks as a smoke screen to arrest people. Now with the ability to add to the national DNA collection, it will surely entice police to perform more arrests in order to help build their DNA database.
With the Supreme Court’s decision, even if you are innocent, the police have the right to collect your DNA!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Michael Arceneaux: contrary to popular belief, not all gay people are rich white men living the good life. Ebony: Why we need a gay "Good Times".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For years now many have complained about the often-linear depiction of gays on the small screen: Well-to-do White men playing largely into a heteronormative narrative. The issue isn't just a matter of inclusion, though. It's about perpetuating a fallacy about the kind of lives gays lead in this country. While there is certainly a segment of the population that are top earners with lots of disposable income -- ergo, why they tend to be the most vocal of the bunch -- the fact is most gays are working with far meager means.
There's a new report from the Williams Institute that confirms this, noting that members of the LGBT community are more likely than their straight peers to live in poverty. Worse, Blacks, women, and children are especially vulnerable to economic strife.
They explain: "Poverty rates for female same-sex couples and unmarried different-sex couples were higher than those of married different-sex couples."
The study goes on to note that, "While male same-sex couples have lower overall poverty rates than married different-sex couples, male couples were more likely to be poor than married different-sex couples after controlling for other characteristics that influence poverty."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Voices and Soul
by Justice Putnam
Black Kos Poetry Editor
A literary conceit was used in Malcolm Lowry's "Under the Volcano", in which The Counsel carries an ever-increasing bundle of letters from his ex-wife. He tells others in the village of the letters' contents and his ex-wife's day to day itinerary of experiences; as each missive is delivered to the village post office. When asked when she will come to visit, his constant reply is, 'soon.' When his ex-wife does arrive unexpectedly, to reconcile their relationship, no less; it is revealed he has never opened any of the letters from her; years worth of letters unopened, yet each letter was enthusiastically awaited for.
"Hell," The Counsel would tell all within earshot, "Hell is my natural condition."
Pablo Neruda would walk the Promenade and watch from the window of his seaside villa as humanity strolled by on oppresively hot summer days and nights. His solitary observances evoked what some have described as a Hell, or at least a purgatory of human sin and degradation. It is all of that and more, but it is also a simple acknowledgement of the Beast that is in all of us; the Beast that conjures and transcends Angels. The Beast that is hidden until one finds themselves as a...
Gentleman Alone
The young maricones and the horny muchachas,
The big fat widows delirious from insomnia,
The young wives thirty hours' pregnant,
And the hoarse tomcats that cross my garden at night,
Like a collar of palpitating sexual oysters
Surround my solitary home,
Enemies of my soul,
Conspirators in pajamas
Who exchange deep kisses for passwords.
Radiant summer brings out the lovers
In melancholy regiments,
Fat and thin and happy and sad couples;
Under the elegant coconut palms, near the ocean and moon,
There is a continual life of pants and panties,
A hum from the fondling of silk stockings,
And women's breasts that glisten like eyes.
The salary man, after a while,
After the week's tedium, and the novels read in bed at night,
Has decisively fucked his neighbor,
And now takes her to the miserable movies,
Where the heroes are horses or passionate princes,
And he caresses her legs covered with sweet down
With his ardent and sweaty palms that smell like cigarettes.
The night of the hunter and the night of the husband
Come together like bed sheets and bury me,
And the hours after lunch, when the students and priests are masturbating,
And the animals mount each other openly,
And the bees smell of blood, and the flies buzz cholerically,
And cousins play strange games with cousins,
And doctors glower at the husband of the young patient,
And the early morning in which the professor, without a thought,
Pays his conjugal debt and eats breakfast,
And to top it all off, the adulterers, who love each other truly
On beds big and tall as ships:
So, eternally,
This twisted and breathing forest crushes me
With gigantic flowers like mouth and teeth
And black roots like fingernails and shoes
-- Pablo Neruda
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Welcome to the Black Kos Community Front Porch