Think you know why so many Black men are in prison? Straight talk... prisonsucks.com

Knowledge is Power. Power…empowered…that’s the feeling that stayed with me after listening to That’s What I’m Talkin’ About with Theo Johnson. Brother Theo does this show that’s podcast. No, I still haven’t taken the time to figure out that works but this I know, there’s a lot of knowledge being dropped over there. Check the link to his show on Black men and the criminal justice system. The straight talk between Theo, Morgan State University professor Dr. Eric Durham and Attorney Byron O’Neal should be required listening. The subject has been dealt with many times but these brothers were raw and real. No vulgarity intended, their conversation reminded of the times when I was a kid and I went to the barber shop with my Dad. Anyhoo, I’ve passed the link to the podcast to my e-mail friends. Hopefully, you’ll feel so inclined after you listen. Link: http://podcast.theojohnson.net/2007/05/what-im-talkin-about-23-052707

Florida judge reassigned for racist remarks

From WSVN Channel 7: Judge reassigned following accusations he made racist comments in court Related Links Video: Judge's status under review

FORT LAUDERDALE, Fla. (WSVN) -- Broward's chief criminal judge has been granted his request to move to civil court after defense attorneys complained that he openly made racial remarks regarding an attempted murder case two weeks ago.

The defendant and all six of the victims were are African-American, and, according to the defense attorney on the case, Judge Charles Greene sleighted that fact after a not guilty verdict. "The judge said, 'You know, NHI,'" said attorney Tom O'Connell. "When I first heard it, I didn't know what it was or what it meant."

Actually the three letters have a deep and dark history referring to racial inequality. "I've been around a long time. For those of us who have been in criminal justice, we know exactly what 'NHI' means," said Broward attorney Howard Finkelstein, "and it means, 'No Humans Involved.'"

Finkelstein said incorporating such a term on the bench deminishes the value of that case for all parties invovlved. "This is a very insidious cancer, and the reason that it's insidious is once someone that's a judge can render an ilk of people as subhuman, then no longer is it necessary for a judge or anyone else to work as hard because no humans are involved," said Finkelstein.

Upon learning the term's meaning O'Connell confronted Judge Greene, who apologized. "It's a racial epithet. It's inappropriate," said O'Connell, "and, like I said, at best it's inappropriate, at worst it's racist."

Finkelstein, who is not only 7's legal analyst but also a Broward County Public Defender who has the responsibility of defending the poor in the county, called for Judge Greene to step aside. "Even though he may have a good heart, and I believe he has a good heart, when you're a judge, you're held to a higher standard," said Finkelstein. "The only issue here is: what do poor and minority feel when they walk into that courtroom? Do they feel they can get a fair shake?"

Facing the firestorm Judge Greene agreed with that argument and asked to be reassigned to civil court saying, in his request to Chief Chief County Judge Dale Ross: "... I made a statement without knowledge of any racial implication or overtone, but commenting solely on the lack of credibility of the witnesses ... I was shocked and astounded to learn, for the first time, that there was any racial overtone to my comment."

O'Connell is pleased with Greene's move to take responsibilty for his comment. "I'm confident that Judge Greene made the right decision by voluntarily removing himself as Chief Criminal Judge and also asking to be moved out of the criminal division," said O'Connell. "Equal protection, due process under the law, and it strikes at the very core of who we are as a nation."

Judge Ross has accepted Greene's request to move to civil court on a temporary basis. A permanent reassignment will come at a later date.

MUST READ: An Open Letter to African-American Men

A wonderfully stimulating conversation with new buddies, Marty, Char and John led me to share this commentary by one of my favorite columnists, Leonard Pitts, Jr. If you're not familiar with his writings, I invite you to check out his website at http://leonardpittsjr.com and The Miami Herald.

February 2, 2004

An Open Letter to African-American Men

The Game of Justice is Rigged

By LEONARD PITTS, Jr.

This is an open letter to African-American men.

I suppose I could as easily have addressed myself to the broader world, but I know how the response to that would go. Folks denying, rationalizing and arguing that facts are not truly facts. That's how it always is when the subject is crime and you.

Earlier this week, The Miami Herald ran a jaw-dropping series called ''Justice Withheld.'' It detailed the abuse of a legal procedure called a withholding of adjudication. This is a tool Florida judges can use at their discretion that allows felony offenders to avoid a conviction.

Receiving a withhold allows you to legally say you've never been convicted of a crime, even though a court found you guilty. There are many benefits: You retain your right to vote and hold office and you don't have to put the crime on your application for a job or a student loan.

THEORY VS. PRACTICE

In theory, withholds are handed out sparingly to deserving people in extenuating circumstances. The Herald found that in practice, they are handed out like Halloween candy.

Four-time losers get withholds. Rapists and car thieves get withholds. Drug dealers and batterers get withholds.

If you commit fraud or forgery, you've got an even chance of getting one. Abuse or molest a child and your chances are actually better than even.

All those folks enjoying all that judicial mercy. Guess who gets left out?

Yup. You.

Even if you commit the same crime and have the same record, a white offender is almost 50 percent more likely to get a withhold than you are. Some folks say that's not a function of racism but of socioeconomics. Meaning that whites are more often able to afford private attorneys, less likely to have to rely on some overburdened public defender.

There are two answers to that. One: socioeconomics can't be disconnected from racism where black people are concerned; the disparity in black and white accumulated wealth is hardly an accident. And two: The Herald report shows that, even when you adjust for type of attorney, African-American defendants are still much less likely to receive withholds.

So I have a question for you:

Can we please stop being such good customers of the American injustice system? I am sick to my soul of watching shaggy-haired black boys and men in orange jumpsuits led into courtrooms to be judged for doing some stupid and heinous thing. I'm weary of the truth in that old Richard Pryor line about how he went to court looking for justice and that's what he found. Just us.

NO BREAKS

Contrary to what society has told us, to what so much of our music claims and to what too many of us have internalized, the reason isn't that we carry some kind of criminal gene. No, it's that we don't get second chances, don't have the same margin for error a white guy would. One strike, and you're out.

We need to recognize this. Need to make sure our sons and brothers recognize it.

The Herald report is not the first, the fifth, or even the 10th to come back with results like these, results that codify the painfully obvious: the injustice system sees no value in us, is comfortable throwing us away like so much used tissue. It doesn't give a damn about us.

But our children do. Our women and mothers and fathers do. So let us love them -- and ourselves -- enough to stay as far from that system as humanly possible. Because once you're in it, you're like a dinosaur in a tar pit. Dragged down.

No, it's not fair that we are held to a different standard. Say that loudly and clearly. Fight to make it right. But do not stop there.

You see, when you discover that a game is rigged against you, you have every right to complain that you're being cheated.

But a smart man does one thing more:

A smart man stops playing.

Leonard Pitts, Jr. is a columnist for the Miami Herald.