Discourse Unplugged with Johnny Hill

STOP THE MADNESS!!!!!

From House Member DeAnn Padelo

Do We Need Police Reform In America?

Do we need police reform in America? After recent events this past week, is there still any need for this question? The events of Ferguson and the New York killings have set off protests across the nation.

Street View

Following the announcement that a New York grand jury would not indict police officer Daniel Pantaleo in the death of Eric Garner, D.C. protesters took to Dupont Circle and other parts of the city to demonstrate.

Who Is Policing The Police?

There is a movement happening across this country. The narrative of this campaign asks the question "How do we police the police?" Right now, it has become clear that We The People do not have a proper mechanism in place. Our research has found this to be a problem spanning  several decades. Who will police the police has been a nightmare for the American citizen for decades. There has been some action in the form of citizen's review boards, but they have proven to be ineffective. 

 It's the position of the House that we need to up our standards for police officers and provide better pay as well. We need to push for an independent faction other than the criminal justice system policing cops.What is not working is prosecutors and judges in big and small cities and towns across this nation who work hand-to-hand every day with police being the agency to oversee the cops behaviors in this country. 

There is an apparent bias in the criminal justice system towards cops.

It's  now common knowledge of the total miscarriage of justice in the Michael Brown Ferguson case. 

But surely there will be justice for the Eric Garner family in that  police choking murder case. Wrong! Even with a video that was, in this writers' view,  proof of the homicide by cop, the police officers in this matter were set free. Disappointing!

The Ferguson failures are an enormous eye-opener in the American psyche. This event has shed light on a process run amuck.  It should be clear there was no trial in the Ferguson case. We now know a rigged Grand Jury process has set officer Darren Wilson free and a whole bevy of New York's finest have just been set free as well.  Lest we forget, there was no cross-examining of witnesses in the Ferguson case. In the Ferguson case, there was no sharing of evidence and the bottom-line is that most legal scholars, both left and right, agree this was a  deliberately botched job by the prosecutor. These outcomes are bizarre and are major focal points of the growing tensions in America.  What should be human and justice issues have now become partisan politics, and that cannot continue.

The right-wing of the Republican Party tactics, with their racist dog-whistles, the Nixon southern strategy, a  healthy dose of Reganomics and what we have today is the worst of the Republicans. The party's 1% are pandering to the least common denominator of their base. See Article]  It's evident the Republican machine is stirring up the natives for 2016.

What Does The World Think Of These Events?

Human Rights in America are under attack!

The United Nations Office of the High Commissioner for Human Rights (OHCHR) said in a statement that they had "legitimate concerns" over two separate U.S. grand jury decisions not to indict the white officers involved in the deaths of unarmed, black men, Michael Brown and Eric Garner.[See Source]

"The Michael Brown and Eric Garner cases have added to our existing concerns over the longstanding prevalence of racial discrimination faced by African-Americans, particularly in relation to access to justice and discriminatory police practices," said Mireille Fanon-Mendes-France, the OHCHR’s chairperson of the Working Group of Experts on People of African Descent. 

Black Life Matters! 

Times are testy in America today, maybe worse than ever. We have seen for two straight years a regression in Civil Rights legislation. We are moving backward to what some have called  the "stone-age," to a time when women and minorities had zero rights. 

The Michael Brown and Eric Garner cases have become the poster children of police corruption from the streets to the courthouse. 

We are hearing the term " Police State," being bandied about in these times. Just what is a police state and what does it look like?

Part 2

Will Racism Be The End of America?

Taking care not to be hyperbolic, it's imperative America rights its course on human rights, civil rights, and common sense.  Most whites in this country believe in white supremacy and black inferiority even more than they believe in God. Racism is an issue that can no longer be avoided. For those who don't think it's an issue,  answer the question why do lobbyists spend billions to overturn civil rights legislation? There has been an overall simplifying, stereotyping, and distorted view about minorities propagated  in this country.

The House Of Public Discourse Calls for an open dialogue about Racism in America. 

A History.

Racism as we know it originated back in the 16th century when the Europeans were enslaving Africans and offering them to people of the New World for trade. Racism in the Western World is associated with slavery over which a significant Civil War was fought. From the earliest of times, non-Europeans  have been enslaved by Europeans. From day one, racism has been a factor in American culture. It started with the Indians, and we all know how that turned out. However, it was the Europeans having to deal with non-Europeans that facilitated the term "racism." The British Empire used slaves to expand their vast empire. Many of the attitudes about blacks from white people today trace back to the attitude of the British. The engine driving the slave trade was clearly economics.

The Color Of Money!

Africans were a commodity to the British Empire.  Some experts claim as many as 11 million slaves were chained and thrown into the hull of a ship with little food or water. Some estimate 2 million slaves died on the journey and were thrown overboard. Slaves were viewed as sub-human. The master had absolute power over them. The masters had the whips and chains and most of all the weapons to administer punishment for those who stepped out of line.  Because of early fear of a slave revolt slaves were watched  carefully by their masters. When they became too stubborn, they were hung or shot.   It is unknown how many millions of slaves were murdered. 

Christendom Approved of  Slavery.

Much of the torture and capturing of slaves by Spain was done in the name of God, backed by the Catholic church. There are many accounts of  the massacre of the inquisition. In fact, history tells a horrific story. As a writer, one of my primary narratives is that history does repeat itself. We know from our research that religious councils helped to determine even if these slaves were humans. Many were put to death in the name of God.

How Is this behavioral history relative Today? 

What is an underlying question of both the Ferguson and New York cases is how frequently are there occurrences of police involved deaths happening  in America? According to a national statistic that tracks police killings, hundreds of homicides by law enforcement were not included in records kept by the FBI. 

From 2007 To 2012

A Wall Street Journal analysis of the latest data from 105 of the country’s largest police agencies found more than 550 police killings during those years were missing from the national tally or, in a few dozen cases, not attributed to the agency involved. The result: It is nearly impossible to determine how many people are killed by the police each year. [See Source]

There Has Been A Long Standing " Lack of Information," About Killings By Police! 

Jeffery Fagan

 “When cops are killed, there is a very careful account and there’s a national database,” said Jeffrey Fagan, a law professor at Columbia University. “Why not the other side of the ledger?”





According to the Wall Street Journal  

To analyze the accuracy of the FBI data, the Journal requested internal records on killings by officers from the nation’s 110 largest police departments. One-hundred-five of them provided figures.

Those internal figures show at least 1,800 police killings in those 105 departments between 2007 and 2012, about 45% more than the FBI’s tally for justifiable homicides in those departments’ jurisdictions, which was 1,242, according to the Journal’s analysis. Nearly all police killings are deemed by the departments or other authorities to be justifiable.

The System Needs To Be Reformed.

The American Justice System seems to be falling apart. With the Michael Brown and Eric Garner decisions sparking nationwide multi-racial anger and frustration, we are witnessing protests against the legal process run amuck. Our nation is on pins and needles right now, right here, this second. The Trayvon Martin case is not so long ago not to still sting when pondered. It would be an understatement to say everyday American citizens are losing confidence in the Judicial System.  Our Judicial System is supposed to be a pillar of our democracy. The African-American community has been targeted by law enforcement since crime statistics have been kept. The relativity of evil tells us if you have more  white officers in black neighborhoods their arrest rates will be higher than in the white areas. There is a history of a battle between persons of color and law enforcement in America. These recent events are but the tip of the iceberg. 

A Cry From The House: ADDRESS THE ISSUE AMERICA! 

In closing, we will be exploring and addressing the issues of Racism In America. These recent decisions to set murdering cops free is no big surprise for fair-minded people who have been following the overall regressive current our nation is on. Some will argue that the system works, that we just don't like the results. The House of Public Discourse holds a position the system is not broken but, in fact, works just fine for the powers that be, whose agenda is overall control of the population. We call for total and complete reform of how the police in this country are allowed to protect and serve us,  not control us.  

The Ferguson Fail, A Process Run Amuck

What is prosecutorial misconduct? Is the prosecutor in the Michael Brown Ferguson, MO, police shooting case guilty of it? There are many elements that can constitute prosecutorial misconduct. The prosecutor in this case, Bob McCulloch, according to many renowned legal minds has crossed the line with the Michael Brown Grand Jury. Is the Grand Jury process at fault in this case and other cases across our nation? In a nutshell, recent decisions by courts and juries have left many people in America pondering the answer to these questions.

The Process Is The Issue In Ferguson!

As a rule of thumb, we pride ourselves here at the House of Public Discourse in researching our points for accuracy and with an open-mind. Our research over the last several days has concluded the Grand Jury process in Ferguson as problematic and may have come to the level of misconduct by the prosecutor overseeing this case. Much of this dysfunction stems from witness accounts of the incident. The misconduct in the case primarily revolves around the handling of these eye-witness accounts. For example, we have found stories of so-called anonymous witnesses for the officer in this case who remain anonymous for fear of reprisals from the local community. Many well-respected legal minds some who identify themselves as political right thinkers claim this case was a miscarriage of justice.

Officer Darren Wilson

Another problem surrounding this issue is a low bar we have placed on the taking of a human life by a police officer. The judicial process by  court precedent has given police officers a wide latitude in situations like in Ferguson. However, " death by cop," is on the rise in our nation to the point of being an epidemic. Moreover, a large portion of these killings involves " white cop," shooting a " black male." 

As in any situation there are truisms and realities. The justice system in America is adverse. Most of the time,  a cop and a prosecutor are on the same side in this adversarial system. The reality? It is harder to convict a police officer of a crime than a civilian. In most police shooting cases, a police officer will claim his life felt threatened. Unfortunately for the victim's families, proving otherwise has been a high bar to meet. Both the Trayvon Martin and Michael Brown shootings attest to this reality. 

More importantly where do the solutions lie? First, cameras on cops make a ton of sense. Second, we need to reform our criminal justice system. Our research on many levels and for many reasons conclude "We The People," need to put a better mechanism in place to ' police the police.' 

Does Our Legal System Sanitize The Behavior Of Police Officers?    

There is one sure thing that has materialized  in the case of Michael Brown. This case has brought an awareness of the need to reform the Grand Jury process. There is no arguing the national media attention in this case created a unique set of challenges for the prosecutor.

But law professors and legal experts had sharply varying views on whether the presentation of the non-indictment and legal procedures were followed appropriately, adequately or fairly. [See Source]

Judge Scalia

It is the grand jury’s function not ‘to inquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880).

The Specifics 

In our legal system, a suspect under a grand jury investigation has never been thought to have the right to testify or to have exculpatory evidence presented.[See Source] In this case, the prosecutor McCulloch allowed officer Wilson to give evidence for hours and including every morsel of exculpatory evidence he could muster.  Knowing the basic of exculpatory evidence is vital to understanding the malfunction and misconduct that this case has presented.

The Prosecutors Instructions To The Grand Jury.  

Bob McCulloch

"And you must find probable cause to believe that Darren Wilson did not act in lawful self-defense and you must find probable cause to believe that Darren Wilson did not use lawful force in making an arrest. If you find those things, which is kind of like finding a negative, you cannot return an indictment on anything or true bill unless you find both of those things. Because both are complete defenses to any offense and they both have been raised in the evidence." [See Article]

By allowing officer Williams to testify for hours and allowing exculpatory evidence to be presented in support of these above-mentioned " complete defenses," this prosecutor has ignored how grand juries have functioned historically. There were several eye-witness accounts in this matter that suggest officer Wilson did not act in self-defense. This prosecutor could have but did not present these testimonies. Many critics of McCulloch allege he should have and if he would have done so an indictment would have come with a quickness. We here at the House of Public Discourse ask the question Why? What were  McCulloch's motivations for not allowing this testimony. We are not for a second buying the notions that these citizens were not credible. Our gut feelings tell us there are  more deviate motivations behind McCulloch's action or non-action in this grand jury process.

" Lock Them up, and Throw Away The Key," Nancy Grace has a problem with this case.

What happened with this Ferguson grand jury is rare. With all the leaks coming forth from this grand jury, it was reasonable to conclude there was not going to be an indictment in this case. Missouri is known as the " show-me-state." When the National Guard was sent in days before the verdict by that state's governor, it showed this writer all I needed to know or see. Grand Juries in this country almost always indict.

Or at least they nearly always do so in cases that don’t involve police officers.

In 2010, a study was conducted. In 162,000 federal cases brought before a grand jury, only 11 failed to indict.[Federal Bureau Statistics] In the Wilson case this matter was heard in state courts. In Missouri, like most states, the prosecutor has the option to bring a suspect before a judge as opposed to a grand jury. The fact is many routine cases never go before a grand jury. However, with that said, it is common knowledge that it is very rare for a prosecutor not to get an indictment from a grand jury. Cases involving police shootings is are exception to this factoid. First of all, there is no real good data on police involved shootings. But researching  many newspaper articles on the subject, grand juries more often than not, by an extensive margin decline to indict law-enforcement officials.   

Police have been nearly immune from criminal charges in shootings in Houston and other large cities in recent years. In Harris County, Texas, for example, grand juries haven’t indicted a Houston police officer since 2004[See Source] 

Our research has led us to some reasons for this. One of the biggest barriers in procuring a conviction of a police officer is juror bias. No matter the evidence, jurors tend to trust the cops and seem to side with the police in their use of violence in police-related cases. There is also a prosecutorial bias. Whether their actions are conscious or unconscious, prosecutors who depend on cops in their work in criminal cases tend to present less compelling cases against police officers. Another reason is prosecutors only bring cases to the grand jury they feel they can win. There was no way the prosecutor in the Michael Brown case was going to drop the charges in this highly publicized case. There was no way this prosecutor could do that because of the many eye-witness accounts of the incident. However, as we have noted, he could change the process and tailor a sheepish grand jury to his privy. In short, there was too much evidence against the officer Wilson to not bring charges.

Beyond Ferguson, We The People Must Answer The Question, Why Are Grand Juries So Reluctant To Indict Police Officers? 

Voices From The House!

"Yes rioting is an extreme expression of anger and frustration. However, the actual issue being ignored is racism. If Michael Brown did everything he's accused of then he was wrong. However, racism is the issue being protested and is the elephant in the middle of the room. It is an issue that has never gone away.

Yes, some of the rioting is about opportunity and group mentality. Yes, I have studied it. The larger issue rears its ugly historical head as opportunity for the corporate rulers. Racism within the ruling class wants us to fight about the details.

There is an old saying that "the devil is in the details." It absolutely applies in terms of the mass media presentation of facts and or commentary. Divide and conquer is the oldest trick in the book." [House Mentor: Diana M Buettner]

Racism Is The Calling Card Behind The Ferguson, MO, Unrest.

Persons of color are the majority in Ferguson, MO. With one black city council member and three black cops in this town it begs the question, Why? [See:Has Liberty Given Way To Gerrymandering?] Then when a white police officer guns down an unarmed black teen who is a suspect in a shoplifting case by putting six rounds in him, one in the head while on the ground, and there are riots in the streets, people have the audacity to ask, Why? Granted, violence and destruction of property is unproductive. But a peaceful gathering of concerned citizens to protest a perceived injustice is the American way in this writer's view. Moreover, the community reaction [outrage]  to this killing of an unarmed youth regardless of the color of his skin is a predictable outcome. Furthermore, with an ever increasing aggressive police force being fashioned from ex-military personnel all across America are, "We The People," being protected or are we seen as  game for the predatory police officer with an ax to grind?

There has been study after study that has shown inexperienced cops fearful of minorities have resorted to use of force. Often, these confrontations are between white police officers and a minority. There is a growing culture of confrontation between police and communities of color, and the problem is only getting worse.

Many experts argue that police forces that represent the community makeup can ease tensions. But the more systemic problem is the political infrastructure that creates and maintains disproportionately composed  police departments. This historical tension is most evident in towns like Ferguson, MO. When you have a population comprised of 67% blacks who have become non-factors in choosing their elected officials, what you get is Ferguson. 

There are innumerable ways a community can become so disproportionately misrepresented.

Ferguson's Mayor is white. Five of the six city councilmen are white. These members are tasked with recruiting, training, and setting parameters as to how the police functions. This white City Hall produced a 95% white police force. This disparity does not equal discrimination or prejudicial policing, but it does create an atmosphere where white elected officials seem insensitive to police brutality in these minority communities. Whatever the reasons for this dysfunction, gerrymandering, voter apathy, etc  its designers have circumvented the political process that would give people in the community the right to have a say in how that community functions. Ferguson, like many small cities, towns, and communities across this country, appear to be in an apartheid state where a small but influential group of people maintain dominion by discouraging electoral participation and creating a police state environment.

With radical-right wing courts allowing unfettered influence peddling in the form of Citizens United and  liberty being replaced by gerrymandering and U.S. Supreme Court regression of the Voting Rights Act of 1965, these factions have recreated a Jim Crow aura around this country. Ferguson is a case study of just what those policies reap. Moving forward, all Americans left or right should seek to ensure the electorate- no matter its makeup - has full participation, and the elected officials are a mirror of the community. If not, it's the view of the House of Public Discourse, "The Ferguson Fail, A Process Run Amuck," will be more and more commonplace.

Fiasco In Ferguson, Makes Ya Wanna Hollar!

As an old disc-jockey of mostly classic rock and funky ole soul, I have a tendency to relate current news events with music. As I sit here looking at the live feed [see above] of the unfolding events of the Fiasco In Ferguson, I, m reminded of the Marvin Gaye classic, Makes Me Wanna Hollar! What is ever so shocking is how fore-sighted our musical artist can be.

Violence Is Not The Answer, Make Ya Want To Hollar!!!

Voices From The House

 My heart is bleeding for those business owners who have lost their businesses, and for those who now will have no jobs.  They did nothing to earn this burden.  It was no choice they made, yet the price they have to pay is far higher than most others.

My heart bleeds for those who sincerely wish to silently protest the injustice they feel, without committing a violent act, because the acts of stupidity and vandalism are overshadowing them and their message.My heart bleeds for a town that is being set back when it could have been catapulted forward into a world of understanding, compassion and mutual respect.

And yes, my heart is bleeding for our nation, so caught up in teaching and learning hatred, bigotry and judgment that we can't see the world through the eyes of another.

My heart bleeds for a people that have still not learned that what we really need in this world is, quite simply, love.[HOPD Staff Writer & Editor Bev Cowling] 

 

Children Of The Ghetto, Keep Your Heads To The Stars!

Can We Imagine Peace??

What If Michael Brown Was Your Child??

Voices From The House!

Today my heart breaks for the Brown family and friends. My heart breaks for all the business owners who will have to start over. Its Thanksgiving but as for us we will be so thankful for the little we have that others don't have. How I wish I could just save the world. I'm saddened by the racism, hate and greed in this Country, saddened by the children and adults dying by the hands of those who are supposed to protect us. Our police are out of control, and it saddens me that today in this day and time that we must fear the police as if we were back in the 50's and 60's again. This country is not moving forward, but it is moving backwards. We must stand hand in hand together united to beat this system and work as one. We all bleed red, have the same bodies and hearts. I'm begging for equal justice for all color and origins. Its time for a change, time to fight back and use our minds without violence. I am sad today; I hurt for all who have lost their lives at the hands of haters and racist, ignorant people who have no souls. May God comfort your hearts Mr. and Mrs. Brown and people of Ferguson ......We will never forget Mike Browns life mattered!!! [Susan Collins: Friend of the House]

Be A Ribbon In The Sky

What Does The Law Say In The Matters of Police Shootings, and Moreover Should It Be Revisited By The Courts?

Current law gives police wide latitude to use deadly force.

Here is the Heart of the Matter from a legal standpoint.

Justice Bryon White

“It is not better that all felony suspects die than that they escape,” wrote Justice Byron White for the majority. “Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. …A police officer may not seize an unarmed, non-dangerous suspect by shooting him dead.”

But the court added that police could use deadly force if the suspect had threatened the life of a police officer.

“If the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given,” said Justice White.

Voices From The House.

The ignorance of reality runs deeply throughout this country. Just as far as the massive corporate owned government and media will allow. Wouldn't it be something if the people actually had a voice that was recognized? You know like the voice of reason.It's called racism.

When our institutions use profiling based on skin color it creates fear on the part of the officers. They act from a place of fear rather than a desire to protect. Thereby supporting the premise that blacks commit more crimes. The poor and the oppressed populations are in fact more likely to steal, but the reasons aren't greed driven like those of the corporate owned government.
 Racism is an absolute reality in the present situation regardless of whether or not the officer Darren Wilson is charged. The idea that one incident has created this situation is in itself ridiculous. This country has work to do. I wish to state proudly that I would like to be a part of the solution and not a problem. One People One LOVE![Mentor of the House: Diana Buettner]

Voices From The House!
Omg!!!! Protest in Greenville* can I go get my groceries & shopping done* I am against racism!! The jury was Not a jury of peers- was NOT equal* I do BELIEVE in fairness & I don't believe in violent riots* I do believe in protest in& rallies & standing up for your beliefs if it can be done in a non- violent fashion* WE ALL DESERVE TO BE TREATED WITH KINDNESS & EQUALITY!!! POLICE SHOULD BE HELD ACCOUNTABLE-THEY GET AWAY WITH TOO MUCH SHIT!!
[Lisa Peacock: House Political Administrator & Social Worker]

Voices From The House.

CAN YOU SAY 'CONFLICT OF INTEREST' AND 'PROFESSIONAL MISCONDUCT'????

If this is true then this matter MUST be investigated by the National Bar Association, the State of Missouri Bar Association, and the Department of Justice, and other related government agencies!!!!!
In addition to his duties as the county prosecutor, Robert McCulloch is also the president of The Backstoppers, Inc., an organization used to fund-raise for the men and women in uniform in both Missouri and Illinois. And, in August, his organization was affiliated with a t-shirt drive featuring a picture of Missouri and the statement “I SUPPORT OFFICER D. WILSON” which was set up to raise money for the Darren Wilson Defense Fund as well as The Backstoppers." [ See Source Sharon McGowan Willicome: Friend of the House]

People Do Make This World Go Round.

Final Voice From The House!

Something that has been bothering me lately about the grand jury report, and the statements that have been made from officer Wilson, and various reports made about this shooting. When the shooting first occurred, they did an autopsy, and released the animated drawings with the autopsy report done by Dr. Michael M. Baden, Forensic Examiner for New York State Police. Nothing in the grand jury report, or any media coverage lately, has even mentioned, or shown how the autopsy completely shreds officer Wilsons accounting of the shooting. On the pictures of the autopsy, they show two bullets entering his wrist from his palm side, with an upward trajectory. He would of had his arm raised somewhat to have the bullets travel in that manner. From the autopsy report, they give officer Wilsons height as 6' and Michael Browns height as 6'5. The two bullets that entered his abdomen were in a downward trajectory. The only way those bullets could of entered in that manner, would be if Wilson was above Brown, which would mean that Brown had to be at least falling, and fairly close to Wilson when those bullets entered his body. The two bullets to his head, went in at the very top of his head, and went almost straight down, which again from the trajectory, would mean that Wilson would of had to be practically standing right over him. This wasn't just the report from Dr. Baden, but also Dr. Cyril Wecht, world reknown forensic Pathologist, who also reviewed the autopsy. Why hasn't this been brought up? Furthermore,

 The Civil Rights Federal Investigation will gather all their investigative reports and the findings and actions that were taken, as well as the information from the grand jury. It will be interesting to say the least, what comes of it. After all is said and done, I'm sure that there will be a civil trial, and that should prove to be interesting as well. There are a few people that aren't happy about the questions that I have raised, and think that I am defending what ever Michael Brown did. I'm not defending what ever he may have done, or the way he did it. I just think from what all the evidence and the autopsy report shows, it isn't matching up at all with what the different reports that officer Wilson has said, or the grand jury, and I don't think that what Michael Brown did, warranted lethal action. Especially the way the autopsy shows it. [House Contributor: Edythe Redmann]