The DISH

Unbossed and unbought news and information you can use

Vol. 12 Issue 2…Dedicated to the Dialogue on Race…January 11, 2009

 

 

 

Intuit's Vibe

Inner City Blues (Make Me Wanna Holler) lyrics

By Marvin Gaye and James Nyx



Dah (Repeat 24 times)

Rockets, moon shots

Spend it on the have nots

Money, we make it... 'Fore we see it you take it

Oh, make you wanna holler

The way they do my life

Make me wanna holler

The way they do my life

This ain't livin', this ain't livin'

No, no baby, this ain't livin'



No, no, no

Inflation no chance..To increase finance

Bills pile up sky high...Send that boy off to die

Make me wanna holler

The way they do my life

Make me wanna holler

The way they do my life



Dah (Repeat 5 times)

Hang ups, let downs

Bad breaks, set backs

Natural fact is, I can't pay my taxes

Oh, make me wanna holler

And throw up both my hands

Yea, it makes me wanna holler

And throw up both my hands



Crime is increasing

Trigger happy policing

Panic is spreading

God knows where we're heading

Oh, make me wanna holler

They don't understand

Dah (Repeat 5 times)



Mother, mother

Everybody thinks we're wrong

Who are they to judge us

Simply cause we wear our hair long





Bit of History

Barry C. Scheck



Born September 19, 1949 in Queens, New York, Barry Scheck graduated from the Horace Mann School in Riverdale, New York (1967). Scheck received a B.S. from Yale University (1971) and a J.D. and M.C.P. from the University of California at Berkeley (1974). In 1978, he joined the faculty at the Benjamin N. Cardozo School of Law, where he has taught a number of courses, including forensic DNA testing, post-conviction relief and trial advocacy. Currently, he is Director of Clinical Education for the Trial Advocacy Program and the Center for the Study of Law and Ethics.


In 1988, Scheck and co-counsel Peter Neufeld became involved in studying and litigating issues concerning the use of forensic DNA testing. This important criminal justice work shaped the course of case law across the country, helped lead to an influential study by the National Academy of Sciences on forensic DNA testing, and led to important state and federal legislation setting standards for the use of DNA testing.


In 1992, Scheck and Neufeld founded the Innocence Project at the Benjamin N. Cardozo School of Law, where Scheck is a professor and director of clinical legal education. The Innocence Project is dedicated to the utilization of DNA evidence as a means to exculpate individuals of crimes for which they were wrongfully convicted. It does not use legal technicalities to challenge convictions; it only accepts cases in which newly discovered scientific evidence can potentially raise a reasonable doubt as to a criminal defendant's guilt. The Innocence Project highlights flaws in the American justice system. As of January 10, 2009, 227 wrongful convictions have been overturned by DNA testing, thanks to the hard work and dedication of the Innocent Project team and other legal organizations.

 

In 1996, Scheck received the National Association of Criminal Defense Lawyers (NACDL) prestigious Robert C. Heeney Award for his contributions to the association. The award is presented annually to "the one criminal defense attorney who best exemplifies the goals and values of the Association, and the legal profession" A life member of the NACDL, Scheck served as its president from 2004-2005. Scheck is a commissioner on New York's Forensic Science Review Board, which regulates all crime and forensic DNA laboratories in the state. He serves on the board of directors of the National Institute of Justice's Commission on the Future of DNA Evidence and co-chairs the NACDL's DNA Task Force. Scheck is also a former staff attorney at the Legal Aid Society of New York.

 

In February 2000, Doubleday published Actual Innocence: Five Days to Execution, and Other Dispatches from the Wrongly Convicted, a non-fiction written by Scheck, Neufeld and Pulitzer Prize-winning New York Times reporter Jim Dwyer. The book is based largely on Innocent Project cases.

 

Professor Scheck is known for his high profile cases, which frequently redefine and expand the parameters of permissible defenses involving forensic psychiatry and laboratory science. He has represented such notable clients as Hedda Nussbaum, O. J. Simpson, Louise Woodward, and Abner Louima. Most of this work is pro bono and of public interest. These cases often result in enhancing public awareness of systemic problems, call for improvements in the criminal justice system, and legislative reform. (Sources: www.innocenceproject.org, http://en.wikipedia.org and www.nacdl.org)






Racism: Numbers Don't Lie

By John Burl Smith



According to the US Census Bureau, the US population in 2000 was 281,421,906. The racial breakdown was 194,552,774 (69.1%) white; 33,947,837 (12.1%) black; 35,305,818 (12.5%) Hispanic; 2,068,883 (0.7%) Native American, and 10,123,169 (3.8%) Asian. Subsequently, on June 30, 2002 as reported by the US Justice Department's Bureau of Justice Statistics (BJS), America's prison population exceeded 2 million for the first time in history. The incarceration rate on June 30, 2007 for men was 1,406 per 100,000, and 136 per 100,000 for women. White men had a rate of 773 per 100,000, black men 4,618 per 100,000 and Hispanic men 1,747 per 100,000. White women had a rate of 95 per 100,000, black women 348 per 100,000, and Hispanic women 146 per 100,000.

 

When Ronald Reagan took office, fewer than 400,000 Americans were incarcerated. Today, 2.3 million citizens are in custody, 2.1 million men and 208,300 women. Black males represent 35.4%, white males 32.9% and Hispanic males 17.9%. Although blacks are only 12.1% of the population, their chance of going to prison is 32.2% males and 5.6% females, Hispanic males 17.2% and females 2.2%, and white males 5.9% and females 0.9%.

 

The disparities between black and white incarceration rates in the United States (US) changed drastically during the 1980s with the "War on Drugs." The racially disproportionate affect of the war on drugs challenges the believability of democracy and such bedrock constitutional principles as justice and equal protection under the law. Its devastating impact contradicts and undermines the fairness and efficacy of the criminal justice system for blacks.

 

The disparate impact of the war on drugs is borne out by research and statistics from the BJS which show that not only black men are targeted, but black women are eight times more likely than white women and twice as likely as Hispanic women to be in prison. Also black women and girls are primarily incarcerated for "poverty crimes" - property theft or other economically motivated non-violent offenses.


Professor Paula C. Johnson, a researcher at the Syracuse University School of Law, interviewed women in prison and found that they often shared similar experiences of traumas throughout their lives, such as physical and sexual abuse. In many instances, criminality was a coping mechanism or escape from abusive circumstances. Often, their traumas were rooted in family dysfunction surrounding alcohol and drug abuse. In other cases, it was the women's difficulty in making wiser choices choosing companions, and the perceptions or realities of limited options for productive, fulfilling, and economically viable lives. Underlying these difficulties, these women expressed keen awareness of the devaluation of African American women.

 

BJS statistics reveal the impact of the war on drugs on Black girls beginning in the late 1980s. The likelihood of a young woman born in 2001 spending time in prison in her lifetime is six times higher than for a woman born in 1974. Approximately two out of three women (66.6 percent white, 64.8 percent black, 46.6 percent other) serving federal prison terms in 2002 were convicted of drug crimes. Regardless of similar or equal levels of illicit drug use during pregnancy, black women are 10 times more likely than white women to be reported to child welfare agencies for prenatal drug use.

 

Drug enforcement policies are more vigorously enforced and suspects pursued in black neighborhoods than in white communities and suburbs. The number of delinquency cases involving Black girls increased by 106% between 1988 and 1997, compared with an increase of 83% for all girls; and between 1988 and 1997, Black girls were detained at a rate three times greater than the rate for Caucasian girls.

 

Proportionally, there are more white drug offenders, according to BJS statistics; five times as many whites use drugs as blacks. Yet, blacks comprise the majority of drug offenders imprisoned. The Federal Household Survey states that, "Most current illicit drug users are white. There were an estimated 9.9 million whites (72 percent of all users), 2.0 million blacks (15 percent), and 1.4 million Hispanics (10 percent) who were current illicit drug users in 1998." Yet, blacks constitute 36.8% of those arrested for drug violations, and over 42% of those in federal prisons for drug violations. Blacks comprise almost 58% of those in state prisons for drug felonies; Hispanics account for 20.7%.


The solution to this racial inequity is not to incarcerate more whites, but to reduce the use of prison for low-level drug offenders and to increase the availability of substance abuse treatment. Regarding State prison population growth from 1990 through 2000, the US Dept. of Justice reported, "Overall, the increasing number of drug offenses accounted for 27% of the total growth among black inmates, 15% of the growth among white inmates and 7% of the total growth among Hispanic inmates.

 

Among persons convicted of drug felonies in state courts, whites were less likely than blacks to be sent to prison. Only 33% of whites convicted received prison sentences, while 51% of black were sentenced to prison. Of the 253,300 state prison inmates serving time for drug offenses at year-end 2005, 113,500 (44.8%) were black, 72,300 (28.5%) were white and 51,100 (20.2%) were Hispanic.






Hood Notes

Private Prisons: Neo-slavery

By John Burl Smith



Typically, in privatized prison settings, states lease or contract convict labor to private companies. In some cases, such as Texas, however, the corrections function was taken over by private interests that promised to control delinquents at no cost to the state. As private systems spread, labor and businesses complained that using unpaid convict labor constituted "unfair" competition. Anecdotal evidence from across the country on prisoner abuse under private correctional control painted a grim picture, while state officials remained indifferent or were bought off by private interest, prisoners suffered malnourishment, frequent whippings, overwork and overcrowding.


A series of investigations of state prisons confirmed the tales of horror and produced public outrage. As with anti-trust legislation and the progressive reforms which followed, public pressure demanded government regulation to prevent private sector abuse. By the turn of the century, concerted opposition from labor, business, and reformers forced the state to take direct responsibility for prisons, thus bringing the first era of private prisons in America to an end. But as the twentieth century stumbled to a close, the hard lessons of a hundred years ago were drowned out by the clamor of free market ideologues.


Surprisingly for most, these accounts of private prisons occurred in the mid-1800s. Then Louisiana's penny-pinching state legislatures awarded contracts to private entrepreneurs to operate and manage its first state prisons. New York's Auburn and Sing Sing penitentiaries were out sourced. These institutions became models for entire sections of the nation where privatized prisons were the norm later in the century. Private prisons promised to turn a profit for the state, or at least pay for themselves.

 

Today America is repeating the same mistake; it seems we never learn from past errors. Hidden behind perimeters of razor wire or concrete walls, tucked away in isolated rural back-washes, armed prison guards supervise hundreds of medium- and maximum-security federal and state prisoners. This is the world of America's leading growth industry - private sector, for-profit prisons. A new flesh trade, like slavery, companies like the Corrections Corporation of America (CCA), Wackenhut, Pricor and U.S. Corrections Corporation run various types of short-term detention facilities with little or no monitoring by government. During the last decade, private interests entered the incarceration business in a big way building and/or running facilities from juvenile detention centers to county jails, work farms to state prison units, and INS holding camps for undocumented aliens.

 

Facing chronic prison overcrowding and court mandates, states are looking to house inmate's anywhere they can. A classic case of "chickens coming home to roost," longer sentences, mandatory minimums, no parole, three strikes and harsher drug laws, not to mention illegal aliens, have exploding prison populations looking like honey combs to private traffickers in human bondage. For instance, 1/3 of Hawaii's 6,000 state inmates are in private prisons in Oklahoma, Mississippi, Kentucky and Arizona, while Arizona has 2,000 inmates in prisons in Oklahoma and Indiana. Arizona and Tennessee have 360 of California's overcrowded prison systems' inmates. Not to be left behind, lowly Alabama has 1,300 inmates in Louisiana prisons.

 

This game of "musical cells" which sends prisoners thousands of miles away to be warehoused in a private prison doesn't save money, especially in a time of shrinking budgets. Arizona pays Indiana $14 million a year to house 610 prisoners, which is $3 million more than it would cost housing inmates at in-state public prisons. There is more to the private prison business than meets the eye. Like Bernard Madoff's promises of 20%, somebody has to be getting kickbacks for the game to continue because the profits just are not there.


GEO Group of Boca Raton, Florida, the second-largest prison company which operates more than 50 prisons across the US, as well as in Australia and South Africa, is a classic example of the problem with private prisons. It has built or expanded eight facilities this year in Georgia, Texas and Mississippi and is planning seven more new prisons by 2010. Recently, the Associated Press reported the suicide of an Idaho Department of Correction's inmate, Scot Noble Payne, who was sent to a GEO privately-run Texas prison, which had received frequent complaints of abusive guards and terrible sanitation.


The main objective of private prisons is to make money and the easiest way to do that is to "cut corners." Consequently, conditions in many private prisons are terrible, and oversight is limited. Idaho monitors its out-of-state inmates by telephone, even in the face of repeated complaints from prisoners, their families and a prison inspector. According to the Idaho Department of Correction's health care director, "It was the worst facility I'd ever seen. The warden ruled through verbal and physical intimidation, guards showed no concern for the inmates' living conditions and there is no substance-abuse treatment." Numerous complaints are no incentive for GEO to remedy the situation because in 2006, it reported profits of $30 million, four times the amount reported in 2005. GEO is not alone, as other private prison companies "pay to play" and experience similar profits.





Politics Y2K9

The Hidden Secret of Private Prisons

By John Burl Smith



Moving inmates across country and housing them in other states has unintended consequence, unless you subscribe to the theory that the private prisons industry was a jobs and revenue enhancement program for rural white communities designed and initiated by Ronald Reagan. Republicans during the 1990s mandated prisoners be counted in the census as residents of the place where they are incarcerated. The census is the basis on which apportions and representation for states in the House of Representatives. Shifting individuals from urban areas to thinly populated rural areas, where private prisons are located, means an awful lot of people who don't have the right to vote will swell the population in states where they are confined.


So, if someone in East LA gets arrested and shipped off to, say, South Carolina, he becomes a 3/5 Compromise resident of South Carolina. This is what the 3/5 Compromise was created to do during slavery, and it is still a working part of the US Constitution. Consequently, this means that if enough people are incarcerated in a district, this can skew the population such that very few people can enjoy over-representation. Take the case of Danny R. Young, a 53-year-old Jones County, Iowa resident, who was elected to the Anamosa City Council with only two votes -- both write-ins, from his wife and a neighbor.

 

According to the Census Bureau, Mr. Young's ward has roughly the same population (include 1,300 inmates) as the city's three other wards (1,400 people). Only 58 people who live in Ward 2 are non-prisoners, the rest are residents of Iowa's largest penitentiary. Concerns about so-called prison-based gerrymandering have grown as the number of inmates around the nation has ballooned. Similar disparities have been identified in upstate New York, Tennessee and Wisconsin. That discrepancy has made Anamosa a symbol for a national campaign to change the way the Census Bureau counts prison inmates.

 

According to the Department of Justice's latest statistics, there are now 84,867 state prisoners held in private prisons, an increase of 12.9% between mid-2005 and mid-2006. Inmates in private prisons not only affect representation which means more federal funds, that representation can be used as a lobbying force for more prisons and tougher laws.





DISHing It Up Hot!

On Modern Lynching

By Dot



Not only are black men incarcerated at higher rates for non-violent offenses than whites, they are killed at higher rates by police when unarmed and charged with having committed no criminal or civil offense. Remember Amadou Diabolo and Sean Bell, just to name two unarmed black men that died in a hail of police bullets? Ironically, while the circumstances surrounding these deaths and countless others across the United States are highly suspect, they invariably go unpunished by the criminal justice system, because all a police officer has to say is, "I felt threatened." This trigger happy policing is tantamount to contemporary lynching.


Captured on videotape and witnessed by dozens of Bay Area Rapid Transit (BART) commuters, the New Year's Day slaying of 22-year-old Oscar Grant in Oakland, California is another example of modern lynching. According to news and eyewitness accounts, Grant was one of several men detained by BART police and removed from the train. When shot by 27-year-old BART officer Johannes Mehserle, Grant was face-down on the pavement with another officer kneeling over his body; he posed no threat. Yet, Mehserle shot him in the back. The bullet to the back bounced off the pavement and pierced his lungs. He died several hours later at the hospital.

 

As is the routine in these incidences, the officer was placed on paid administrative leave pending an internal investigation. In the meantime, excuses for the shooting from the officer thought he was reaching for a taser to on-the-job stress have been advanced by apologists for police brutality in black communities. Mehserle has resigned from the force and hired an attorney; he has made no public statements to justice his deadly use of force.

 

In response to Grant's murder, an already seething Oakland, which is majority black, erupted in several days of rioting. The community has experienced a number of such killings. The most recent death of Mack Woodfox following a car chase occurred in July. Predictably, the officer in that case claimed he feared Woodfox was reaching for a gun; none was found at the scene. The officer in question is on administrative leave pending an internal investigation.

 

There were ten (10) police shootings in Oakland in 2008; six resulted in fatalities. None of the police officers involved in those killings have been charged with a crime. Given that the deaths of unarmed black men, which occur nationwide, rarely result in charges against the officers in question and, in the rare instances in which charges are brought, even more rarely are they convicted by mostly white juries, these extrajudicial murders are no different than old-fashioned lynching. It is just that now, the lynch mob carriers a license to kill and is paid to do so with tax dollars.







Disgruntled wants to know: In December 2008, 24 year old former KMOJ Radio DJ and domestic assault suspect Quincy Smith clashed with police and died after being shot with a Taser. The Hennepin County medical examiner's office has not yet determined Smith's cause of death. Routinely, the five officers involved in the incident were placed on paid administrative leave. Mark Backlund, 29, Joseph Kubat and others have died after being tasered by police. A 2004 Amnesty International study showed that 290 people had died after being struck by police Tasers since 2001. Many of those had underlying health problems or were under the influence of drugs. In the case of Kubat, the Ramsey County medical examiner's office ruled he suffered a fatal condition known as "excited delirium." Do you buy the notion that these young men died from 'excited delirium,' rather than from being shot with a Taser, which can be a lethal weapon?



Disgruntled feels: Terrorized! Who are the terrorists? Are they the group firing unsophisticated rockets into border towns of an enemy nation, which has blockaded their territory and created a humanitarian crisis; their crude rockets kill perhaps a dozen in as many years. Are the terrorists the group, democratically elected by their people, and blamed by mainstream media for the suicide bombers that strap on vests of plastic explosives and ride buses or enter restaurants and shops where civilians and soldiers gather and blow themselves and whoever else in close proximity to smithereens, killing indiscriminately with extreme prejudice.  Or, are the terrorist the civilized democratic nations that possess and deploy powerful weapons of mass destruction; they possess standing armies, air forces and marines that can train their destructive force with precision on millions of people, killing thousands? According to Black Panther founder Huey P. Newton, "Power is the ability to define phenomenon and make it work in a desired manner." Western mainstream media, which are controlled primarily by Jewish-run entities, have made Palestinians the terrorists. However, if you are not terrorized by the actions of the mightier foe in this scenario, then you have succumbed to their propaganda.

 

Disgruntled says: Some loyal Republicans, like Condoleezza Rice and Laura Bush, are under the impression that historians, at some distant point in the future, will render a vastly different assessment of the Bush administration from the one currently held by a majority of Americans, who believe it has been a dismal failure. Regardless of how Bush's accomplishment are spun by historians, pundits and others to make him appear something more than the worst president in US history, nothing will change the fact that the current economic downturn occurred on his watch and is the direct result of his policies and lack of oversight. Neither will their machinations change the fact that he has presided over the greatest redistribution of wealth ever, an unheard of two wars of aggression fought on credit and a federal budget deficit likely to reach a trillion dollars. Single-handedly, Bush has morally and financially bankrupt this country. Any realistic historical assessment will rank him at the nadir among failed US leaders.







Mailbox: E-Mails, Faxes and Telephone Calls



Email tucphe@aol.com ...Houston Cops Shoot Young Black Man...The shooting of Robbie Tolan is classic racial profiling according to the 23-year-old's family. Tolan was shot in his own driveway on December 31 by Bellaire police officer Sgt. Jeff Cotton, who said he thought Tolan was in a stolen SUV. According to Tolan's family, one of the officers shoved Tolan's mother against a wall. "He told them not to shove his mother," said David Berg, attorney for the Tolan family. Tolan reportedly 'leaned' up and questioned the officer about what was going on. At that point, Sgt. Cotton opened fire. The vehicle turned out not to be stolen," Bellaire Police Assistant Chief Byron Holloway said. The car actually belonged to the wounded man, Robert Tolan. Investigators and the family are now trying to figure out why the officer stopped Tolan and his cousin in the first place. Tolan is the son of former Major League baseball player, Bobby Tolan. His father witnessed the shooting.


Email www.freep.com...Sexual Assaults on Female Inmates Went Unheeded...By Jeff Seidel...For years, rights groups warned that male guards were sexually assaulting female inmates in Michigan prisons. For years, those warnings went unheeded. Now, state taxpayers may pay a price too. More than 500 women are suing. A class-action lawsuit against the Michigan Department of Corrections has already yielded verdicts reaching an estimated $50 million, when interest and fees are included. And that's only for the first 18 women. With most yet to testify, and lawyers for the state insisting they have no intention of settling, Michigan's beleaguered taxpayers could face hundreds of millions of dollars in damages. "A prison is not supposed to turn you back out to society with more harm than when you came in," said Deborah LaBelle, an Ann Arbor civil rights lawyer who led a team that sued on behalf of the women. "No one, no one in this country, no one in a civilized society is sentenced to be raped and assaulted in prison." The state's defense: Why didn't they speak up? It wasn't just the rapes. Many women said they were routinely molested by guards... It is against the law for guards to have sexual contact with prisoners, even if there is consent. Some guards convinced women to submit to ongoing sexual relations in return for "protecting" them from fellow guards.


Email pocketslam@aol.com ...I enjoy reading your information and especially about the things we need to know to make us a better people. We've all seen scam artists that scale from the White House streets to Wall Street down Main Street. Enough is enough! When do we as a people collectively say it and mean it? It's time for us to stop worrying about "getting our groove on" and getting some sense on. After attending an R & B concert recently, I heard the "N" word used more by artists on stage in that one night than I've heard all year. If we're supposed to put on our wardrobes of dignity to signify the presence of our classy and elegant President Obama, then why must we still downplay the dignity that we should have for ourselves and the young ones that we're supposed to lead and raise? The artist's display of intellect was deplorable. Perhaps I'm getting too old to attend such functions. I don't know. Maybe, we just won't reach as many people as needed to be reached. Certainly not everybody will be reached. That's a given. But we've got to do a better job in helping ourselves. With your story of us losing another great athlete to Mississippi injustices, here we go again. When will it ever stop? It's time our people (including our athletes) woke up and smelled the coffee. Does anyone remember O J or Kobe Bryant? Or, are we under the delusion that once we get us a White woman, the world will bow down to our every whim and wish. Does that imply that "you've made it"? Hello!!! Is anybody feeling me out there? Thanks for your information, and keep up the good work. Ronald