Monday, April 02, 2012

 

Losing Sight Of Trayvon

My Op-Ed in today's edition of The Daily.

LOSING SIGHT OF TRAYVON

Racially charged frenzy around shooting death already hampers justice

 Monday, April 2, 2012

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    PHOTO:David Manning/Reuters

    The Rev. Al Sharpton at a Trayvon Martin rally.
The statue outside many courthouses around the country is of a woman blindfolded with scales in one hand (and often a sword in the other).

Justice is to be blind to the circumstances of the supplicants before it. Its main goal must be to strike a balance. And if there is to be retribution, that role should be reserved solely for justice itself — not individuals. For that to occur, a certain level of public accounting must take place.
 
The Trayvon Martin case has become a textbook example of what happens when the scales of justice are not balanced. An initial tragedy — an unarmed teenager shot dead on his way home — rightly generated anger and frustration over the seeming inability of Florida’s justice system to hold the admitted shooter accountable.
 
But now there is a danger that the tragedy will be compounded by a uniquely modern circumstance — a media-political spectacle that could impair George Zimmerman’s own constitutional rights. This would destroy any possibility of justice being delivered.

How did we get to this point?

Anger didn’t arise just because George Zimmerman shot Trayvon Martin on Feb. 26 as Martin returned to his father’s house after picking up Skittles and an iced tea. Zimmerman was on the phone with 911; The operator urged him not to pursue Martin. What created the grounds for outrage was the shooter’s release after his claim of self-defense was seemingly accepted at face value by the authorities. The Sanford police pointed to Florida’s self-defense statute, as limiting their actions. Could this be true? America wondered.

In fact, the “Stand Your Ground” law almost invites the system to turn what otherwise might be a “he said-he said” situation into a “he said-he dead” — with the tie breaker going to the survivor.
 
The law grants immunity from arrest and prosecution to those asserting a self-defense claim. Thus, even though the initial police investigator, Chris Serino, reportedly didn’t believe Zimmerman’s account of events and urged manslaughter charges be brought, the state attorney apparently didn’t believe there was enough evidence to win a prosecution.

It took three weeks for heightened media focus to force 1) the U.S. Justice Department to open an inquiry and 2) a state grand jury to be empaneled. At that point, officially speaking, the public accounting began. True, Zimmerman has yet to be arrested, but that proves nothing. The wheels of justice were moving, slowly, but there was some form of balance at work.

And almost immediately, it started to tip the other way.

The Rev. Al Sharpton and Jesse Jackson got involved, two men with histories — to say the least — of stoking racial controversy. More significantly, both are liberal Democratic politicians. When such individuals become the face of a cause, it’s no surprise that the brief apolitical consensus on the nature of the tragedy began to dissipate.
 
The March 23 10,000-person rally in Sanford was understandable. But, a day before, Trayvon’s parents were flown up to New York City for a huge rally, their private pain practically hijacked by the already-in-place Occupy Wall Street movement.
 
From the rallies, the parents were next brought to Washington, D.C., for an ad hoc congressional hearing.

And then the media exploded — unhelpfully aided by Sharpton, who continued to organize rallies while covering them as an MSNBC host.

Supporters of Martin and Zimmerman began selectively leaking to the media, with differing anonymous “witnesses” appearing, and videos that may or may not prove whether Zimmerman was injured in his physical altercation with Martin. The dead teenager’s privacy was violated with the hacking of his Twitter account — trying to suggest that he had violent tendencies.

And, speaking of social media, an address wrongly attributed to Zimmerman was repeatedly distributed on Twitter — including by filmmaker Spike Lee. The elderly couple who actually lived at the residence were harassed.
   
The mantra most associated with Sharpton’s National Action Network is, “No justice, no peace.” But for the American judicial system to work effectively, that should be turned around — no peace, no justice. Justice can’t operate in a chaotic, reality-show environment.
 
An accused — who, it should be noted, doesn’t yet exist — has a constitutional right to a fair trial. But is it too late for that? With not just Sanford, but all of Florida in the eye of a media hurricane, any prospective jury is already tainted. If Zimmerman is charged, can his lawyers declare that it’s impossible to get a fair trial? Even if he were convicted, would the media spectacle be enough to get a conviction overturned on appeal?

It’s sad to even consider such a prospect, but one must. And were that to happen, then it would be a tragedy triply compounded: a needless death, followed by the impotence of local authorities and, finally, a poisoning of the well by national media and political elites. More people than George Zimmerman would be responsible for that betrayal of justice.

Robert A. George is a New York Post editorial writer.

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Tuesday, March 27, 2012

 

More Jason & Robert on Trayvon

The WSJ's Jason Riley and I continue our chat on the developing Trayvon Martin story.  This time, we address the leaking of George Zimmerman's police testimony, President Obama's statement and the media hotdogging of Al Sharpton and Jesse Jackson helping to poison the national atmosphere around the case:



Some trenchant further commentary on the saga -- an excellent post by Julian Sanchez, trying to look at events from Martin and Zimmerman's perspectives -- and notes the inability of reality to conform to the human need for clear narratives.

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Monday, March 26, 2012

 

My Trayvon Moment

So, about 25 years ago, I was living in Annapolis, capital of Maryland, sitting right on the Chesapeake Bay. It has a distinction of being one of the early capitals of young America AND a major port for the US slave trade. Yes, down by the docks, there's even a plaque commemorating Kunta Kinte's arrival. 

Today, Annapolis' great claim to fame is being home to both the US Naval Academy and St. John's College, a liberal arts institution of which I am a proud graduate. 

At the time of this anecdote, it was either the summer before or after my graduation. I was walking down Prince George Street, which runs up from the docks toward the college, to visit friends living off-campus. My friends lived in the back half of a house -- with, alas, a non-functioning doorbell. This particular day, the residents in the front half (the landlord/renting family, as I recall) weren't home. 

After several minutes of fruitless knocking/banging on the front door,  I walked around the side of the house, tried a back gate, yelled up to my friends -- ultimately to no avail.  (Yes, kids, this is what life was like before cellphones!) 

After finally giving up, I headed down to the above-mentioned city dock about two blocks away, figuring to kill some time until I'd try to see if my friends were home later. 

After a few minutes, I'm on the sidewalk near one of the dock shopping areas. Suddenly I had this odd feeling ("sixth sense"? Cliche, yeah, but the only way I can explain it) and noticed something out of the corner of my eye. I turn to see a rather burly white man glaring at me -- with a baseball bat in his hand. 

"You! Don't move!" He yells.  "I saw you! Don't move!" I immediately start backing away. He continues advancing toward me. I turn and run, quickly ducking into a nearby confection/ice cream store. 

With Burly Man right behind me, I yell to the person behind the counter to call the police. Burly Man says, "Yeah, call 'em.  You're not going anywhere."

So, we wait for a few (seemingly interminable) minutes -- me standing almost behind the counter, while Burly stands, bat in hand, near the door.  Finally, a (white) police officer arrives.  Burly Man evidently lived in a house facing the back yard of my friends' place. He claims he saw me trying to break into their back entrance.  I explain what happened, why I was there, my friends not being home and how Burly started following me with his bat.

Happily, the story didn't play out as might be stereotypically presumed. 

The police officer asked me if I was harmed or felt any need to press charges. I said no. I was told I was free to go. He  took Burly Man aside, seemingly trying to calm him down. I didn't stick around to listen to their conversation. 

Was I angry after this altercation? Damn straight. Later that day, I related it to one of the other few black students at St. John's. He was even angrier than I was; he wanted to go and exact some righteous justice on Burly Man. I said, let it go. 

Looking back, free of the vivid emotion of the moment (as is obvious, the incident stays in my memory like it happened just, well, if not yesterday, but "last month" or so), things worked out right. 

Upside: No one was harmed, no one arrested. Downside: Did Burly Man learn anything? Probably not. Did he try anything like that again? Who knows. 

But why was there a favorable outcome? Primarily, because there was a cop who made a judgment and figured out on the spot whose account seemed more plausible.  

Unlike other racially-charged situations, the young black man was being given the benefit of the doubt. 

But, "what if"? 



What if Burly Man had a gun, instead of a bat -- and it had never gotten to that point? What if I wasn't wearing geeky black frame glasses and looking as non-threatening as I could be (with a still mildly noticeable Island/UK accent at the time)? What if I hadn't ducked into the store and initiated the call to the police -- and instead kept on running?

If a young black man is running through the streets with a big white guy behind him brandishing a bat, who looks in the right and who in the wrong? Another way of asking this question is who would be deemed "suspicious" and who "righteous"? 

It's an experience like this -- and these questions it provokes that make me realize why conservatives need to take a look at the specific statutes associated with Florida's Stand Your Ground law. 

And the full reasons for that will be delved into in my next post. Hint: It's the lesson gained from the police officer in this story.  

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Sunday, March 25, 2012

 

Appropriate, Not Appalling

After letting the White House spokesman make an initial statement on the killing of Trayvon Martin earlier in the week, President Obama weighed in personally on Friday, in a statement that concluded:.
But my main message is to the parents of Trayvon Martin. If I had a son, he'd look like Trayvon. And I think they are right to expect that all of us as Americans are going to take this with the seriousness it deserves, and that we're going to get to the bottom of exactly what happened.
While most applauded Obama's comments (delivered following an unrelated Rose Garden event), they didn't completely escape controversy.  Washington Post blogger Jennifer Rubin calls the words, "cloying," adding, "Why is it always about him? I thought the president — like all of us — is supposed to care about those who look like his kids and those who don’t."

Former Speaker Newt Gingrich -- surprise! -- went even further:
“What the president said, in a sense, is disgraceful,” Gingrich said on the Hannity Radio show. “It’s not a question of who that young man looked like. Any young American of any ethnic background should be safe, period. We should all be horrified no matter what the ethnic background.
“Is the president suggesting that if it had been a white who had been shot, that would be OK because it didn’t look like him. That’s just nonsense dividing this country up. It is a tragedy this young man was shot. It would have been a tragedy if he had been Puerto Rican or Cuban or if he had been white or if he had been Asian American of if he’d been a Native American. At some point, we ought to talk about being Americans. When things go wrong to an American, it is sad for all Americans. Trying to turn it into a racial issue is fundamentally wrong. I really find it appalling.”
Appalling? Disgraceful? Absurd.

Sorry, but this is one of the most frustratingly disappointing statements I've ever heard my former boss utter (and there've been more than a few over the last year leading into and including the presidential campaign season).

Obama's statement was completely appropriate. To the extent that anyone felt them overly personal and racial, it's because they didn't read/hear the entire statement! The president said, in full:
Well, I'm the head of the executive branch, and the attorney general reports to me, so I've got to be careful about my statements to make sure that we're not impairing any investigation that's taking place right now.

But obviously, this is a tragedy. I can only imagine what these parents are going through. And when I think about this boy, I think about my own kids. And I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this, and that everybody pulls together - federal, state and local - to figure out exactly how this tragedy happened.

So I'm glad that not only is the Justice Department looking into it, I understand now that the governor of the state of Florida has formed a task force to investigate what's taking place. I think all of us have to do some soul-searching to figure out how does something like this happen. And that means that examine the laws and the context for what happened, as well as the specifics of the incident.

But my main message is to the parents of Trayvon Martin. If I had a son, he'd look like Trayvon. And I think they are right to expect that all of us as Americans are going to take this with the seriousness it deserves, and that we're going to get to the bottom of exactly what happened.
Obama begins with a cautionary observation about not saying too much so as not to interfere with either Justice Department or ongoing state investigations into the killing. So, he is thus recognizing who he is as national leader -- not as a black man.

He then uses a word that everyone can agree on to describe what occurred: "Tragedy" carries moral weight, but not legal. So, again, he's not mucking up the investigative part of the episode.

Then, most importantly, he gets as universal as is possible: "I can only imagine what these parents are going through. And when I think about this boy, I think about my own kids. And I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this, and that everybody pulls together - federal, state and local - to figure out exactly how this tragedy happened.'

He speaks as father and explicitly of "every parent in America should be able to understand" the need for an explanation of "how this tragedy happened." How on earth can anyone not see that as the president addressing the universal nature of what happened -- speaking to white, black, Asian parents and letting them know that they have a stake in this as well?

It is only at the very end that Obama, offering a "main message to Trayvon Martin's parents" that he invokes the personal. He is, at that point, speaking as a black man to black parents who have lost a child in a tragedy, that may not have been a racist act, but in which Trayvon's race almost definitely played a role.

President Obama spoke in three roles Friday: as chief executive of the nation's laws, as president noting the universal nature of the tragedy -- and only at the end as a public leader speaking empathetically to those whom the tragedy has hit closest. Yes, Obama went further than the generic "I feel your pain" stance, because, frankly the circumstances called for it.

as Newt Gingrich himself seemingly recognized earlier this year,
saying “I’m prepared if the NAACP invites me, I’ll go to their convention and talk about why the African American community should demand paychecks and not be satisfied with food stamps."

Again, after first speaking to all American parents, Obama then stepped out as an empathetic black  parent addressing grieving black parents. Besides being a factual statement (not just because of race, one could picture a son of Barack Obama resembling the slender athletic Trayvon Martin), he helped universalize the special fears that black parents have of losing sons prematurely to random violence (no matter the race of a potential assailant).

While that's one community's unique pain (specific), the particular way it manifested itself in a Florida  town one month ago, is nonetheless -- for reasons already articulated -- one that "all of us as Americans" (universal) take seriously enough to demand resolution.

Far from appalling, that's an essential message that hopefully all Americans heard.

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Friday, March 23, 2012

 

Talking Trayvon Martin

Jason Riley is my Wall Street Journal editorial-page counterpart -- and occasional doppelganger among people confused by existence of two head-shaven black conservatives! On Jason's WSJ.com show Thursday, he and I discussed the shooting death of Trayvon Martin in Florida. We examine why this is an especially important issue for conservatives to engage on, police incompetence, Florida's "Stand Your Ground" law and potential liberal overreach on gun control. Enjoy:



In addition, Thursday's Daily News has an excellent column by John McWhorter who reminds people of a "stand your ground" in New York, where a black homeowner shot a white teenager threatening his son.

Over the weekend, I'll have a longer post on these and related issues (including a personal wrong-place-wrong-time anecdote that occurred more than twenty-years ago). In the meantime, here's some interesting reading for those unfamiliar with certain details of the case:

1) I have to tip my hat to Mother Jones for its comprehensive coverage of a case that should infuriate people of all backgrounds. Its ongoing timeline is here.

2) Bob Owens is a conservative who believes that Florida's Stand Your Ground law shouldn't shield shooter Paul Zimmerman, but worries that police screw-ups may make conviction very difficult.

3) Words that National Review's Rich Lowry likely hoped he never had to write, "Al Sharpton is right."

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