4.10.2011

"In Nashville if you are African-American, you are four to five times more likely to be murdered than if you are white"

"In Nashville if you are African-American, you are four to five times more likely to be murdered than if you are white."
"Colin Loftin, professor of criminology at the University of Albany, State University of New York, said that research has conclusively linked only one major factor to high homicide rates: poverty."
 I absolutely empathize with the African American community. It's got to be heart-wrenching to watch the best and brightest of your upcoming generation cut down long before they've had a chance to live to their full potential.  

Frankly however, I don't think the answer to "why" the community is seeing these kinds of death rates is that hard to arrive at here.  While economists, psychologists and sociologists scratch their heads seeking explanations, my unfortunate but extensive experience of living much of my life in abject poverty can sum up what I believe to be a prevailing attitude pretty quickly, and in one simple sentence:

  A sense of hopelessness breeds frustration and desperation.

It doesn't take an advanced degree to recognize just how difficult it is to continue surviving for folks who don't have many opportunities in front of them.  Add to this the challenges facing those who seem to be oppressed, victimized and blocked by barriers everywhere they turn, add in a giant dollop of overzealous prosecution and persecution and the resultant stigma and further reduction of opportunities as a result, then guilt everyone out by claiming that if they just worked harder, they'd be successful, and you can begin to understand why people get angry, frustrated and depressed.  

Finally, continue rubbing the noses of the poor into the excesses of the rich through advertising and media exposure while subtly inferring that if you aren't living thusly, you aren't part of the "great society," and I think it becomes a little easier to understand why people remain angry, disillusioned, discouraged and pessimistic.

Oh sure, folks on the wealthy side of the fence experience these things too, but I would argue they don't experience them nearly as much, nor do they experience them as a survival mechanism.  Furthermore, for folks with access to money, the stressors seem transitory, one can see the light at the end of the tunnel.

But for those of us who live our entire lives in poverty, we must continually deal with the emotional roller-coaster of trying to survive.  When emotions are charged for prolonged periods and one's situation seems dire and hopeless along with it, one's judgment becomes skewed towards the immediate moment.  It's difficult to plan or think about the future when survival demands your focus in the present.  This "living in the moment" tends to heighten perceived slights, wrongs, problems, and issues, and addressing them also demands an immediate permanency that many people who've never dealt with life on such an immediate plane may not understand.  

Folks want solutions?  

It's not going to come quickly, I'm afraid.  It starts with a rebuilding of one's community and the things we value in that community.  It provides people with pertinent educations that are equal across schools, real opportunities, mentoring, role models, examples of success along with a definition of success that isn't based solely on how much extra one has in disposable income.   It involves paying people livable wages for the work they do, and creating sustainable, long-term employment opportunities for individuals, as well as making sure that everyone has access to this employment, and I mean everyone.  

It's also about making the government less threatening and more of a partner in success; it should intervene on behalf of the individuals when folks go off-course, rather than against them, and it should strive to end the stigma that follows poor choices when one's debt has been paid.

It's about ending the sense of failure, loss and hopelessness and instilling them with pride and a willingness to participate in a society that values them and their contribution to it. 

Until we as communities begin working in these directions, I'm afraid we're going to continue seeing exactly what we see today.  

We reap what we sow....

Black homicides reach 'crisis' in Nashville

Nashville leaders seek solutions, call for community involvement


Jacci McGee-Russell, left, mother of Marcus McGee, and his brother Ronald McGee prepare to take communion on April 3. "He was just an all-around good person," his mother said.
Jacci McGee-Russell, left, mother of Marcus McGee, and his brother Ronald McGee prepare to take communion on April 3. "He was just an all-around good person," his mother said. / JOSHUA ANDERSON / FOR THE TENNESSEAN
Kim Maupin says she asked the judge to lock up her son Christopher Evans, who was 16 when he was shot and killed in 2008. "If they had locked him up, they'd have saved his life," she said.
Kim Maupin says she asked the judge to lock up her son Christopher Evans, who was 16 when he was shot and killed in 2008. "If they had locked him up, they'd have saved his life," she said. / SHELLEY MAYS / THE TENNESSEAN
 
It's a beautiful day outside, and Marcus McGee is smiling.

He didn't always smile. In fact, he rarely flashed that infectious grin until a girl told him he'd be more popular with the opposite sex if he loosened up a bit.

He always smiles now, next to an engraved message: "Marcus A. McGee. In God's hands."

Two men shot and killed McGee, 19, in 2008 as he closed the gas station where he worked.

After church every Sunday his family visits him at Greenwood Cemetery. They sweep off his grave marker and unclasp a brass lid revealing his photo.

"Look at him, he's smiling," says his mother, Jacci McGee-Russell, at his grave. "He was just an all-around good person."

Nearby are the graves of Kenneth Crawley, Christopher Evans-Hayes, Gordon Garrett, Lindbergh Thompson, Andre Veals, Tre mayne Woods, Wanda Kaye Henderson Hol den, Michael Goins, Linda Butler, Tyrone Collins, Brandon Muhammad, Tyrone Davis, Sean Holmes Sr., Alexandra Franklin, DarSean Campbell, Antoni Morton and Jerald Hicks.

All were murdered in 2008. That year, Tennessee had the nation's fifth-highest rate of black homicides, according to the Washington, D.C.-based Violence Policy Center. Nashville, with 42 black murder victims, had a rate higher than the state overall, and in 2009 its rate rose to surpass even Memphis'.

In Nashville if you are African-American, you are four to five times more likely to be murdered than if you are white. While the rate of white homicides has declined over the past several years, black homicides have increased, according to the latest data.
The victims range in age from a newborn who was beaten to death to a 54-year-old man fatally shot in his car on his drive home from work. Motives vary: abuse, domestic problems, drugs, gang activity, robberies. Some were students, parents. Others were gang members and drug dealers.

"We cannot wait until some prominent person gets killed or is the victim of a crime to wake up and say let's do something about it," said Metro Councilman Jerry Maynard. "This is a crisis, and we have to have ownership by the entire community."

A sense of hopelessness

Why are Nashville's black residents, particularly its black youths, at such risk? Answers are hard to find. Political, religious and law enforcement leaders rattle off a collection of possible reasons: geographic isolation, economics, Nashville's racial history, politics, the breakdown of families, a lack of father figures, not enough jobs or recreation. Some blame movies, video games or rap music.

"In our own city, we have kids that see the rest of the world on TV, they see it across the street. How do I get from where I am to graduate high school, to graduate college, to get a job?" said Metro Police Chief Steve Ander son. "The reduction in federal funding for police prevention programs, for police outreach programs, is also going to have an effect."

Colin Loftin, professor of criminology at the University of Albany, State University of New York, said that research has conclusively linked only one major factor to high homicide rates: poverty.

"Statistically, the big factor that's consistent over time and place is economic status. You have very, very few homicides in a middle-class population," he said.

Nashville's black residents are almost twice as likely to have incomes below the poverty level, 2009 census data show. The average African-American family of four with two children brought in less than $22,000 a year.

Leaders say a sense of hopelessness in the poorest areas of the black community dominates attitudes.

"Those are the ones that are dangerous," Maynard said. "Because they feel they have no future."

Some of Nashville's black victims in 2008 were victims of their own decisions.
Kim Maupin tried desperately to help her son. He didn't want to go to school and struggled with depression. He smoked pot, ran with the wrong crowd. By age 16, he had joined a gang.

"I actually cried to the judge, I asked the judge to lock him up," she said. "He violated several times, and if they had locked him up, they'd have saved his life."

Christopher Evans, 16, was shot dead Nov. 26, 2008, at Riverchase Apartments. Maupin remembers getting the phone call.

"People were saying, 'I'm sorry,' " she said.

Police don't yet know the motive for his murder.

Maupin remembers that her son loved to laugh and lived for family functions. She acknowledges that he made bad decisions. But he was still just a kid.

"There was another side to him," she said. "He had a lot of heart. I'm lost for words with what Chris was thinking."

And now, Christopher's 2-year-old daughter, Tianna, is being raised by a young, single mother.

Christopher's experience is not uncommon in Nashville's urban areas, said Bishop George Price, pastor at Bethesda Original Church of God and one of several ministers working with Metro police to counsel families touched by crime. He said many children grow up knowing little more than the small world around them, a world that includes drugs, prostitution and violence on a daily basis. Navigating those streets becomes an exercise in survival, and anything that aids that survival is quickly adopted.

"I am out here by myself. Here come the Bloods. The Crips. They say, 'We'll take care of you,' " Price said. "Nobody seems to care. Nobody loves me. Gangs tell you, 'We love you, be a part of us.' I'm gonna die anyway, so I might as well go this way."
Metro police have estimated that there are 2,500 gang members in Nashville.

'This is another world'

Lisa Crawley still lives at the J.C. Napier public housing development, just blocks from where she heard the shots that killed her son, Kenneth.

On Aug. 3, 2008, she was relaxing on her porch when she heard gunshots down the street. For some reason, her panic compelled her to run toward the commotion along University Court.

"When I got up there, someone said it was Kenneth," she said. "You know how people say your life can turn around in a second? My life changed dramatically. It's like your insides are empty."

Kenneth died the next day. He was 18.

He loved playing basketball and swimming. His mother misses grilling him cheeseburgers. She's scared to live in that apartment, but she can't find work and can't afford to move.

"About a week ago, somebody got shot over there, a young little boy. He was in bad shape," Crawley said. "I'm scared to go to the store in the evening."

Her son was killed while walking to his aunt's home. Police said it was probably a case of mistaken identity or "misplaced retaliation."

It is public housing developments like J.C. Napier, Sam Levy and James Cayce where much of this violence has occurred.

"The public in general doesn't realize this is another world you're driving by each day," Police Chief Anderson said. "There is another world that you don't recognize that needs your support, that needs your attention. They really don't understand what's going on in the inner city."

Metro police say most of Nashville's homicide victims knew their killers or had criminal records. But there are plenty of victims of circumstance.

Marcus McGee had been working at the Swifty gas station for only about
two weeks when he was killed. The job was to help pay for college. He was attending Nashville State Community College with plans to go into sports medicine.
McGee-Russell remembers the night of April 28, 2008, well. "My last words to him were, 'Marcus, be careful,' " she said.

He tried to run from the robbers and was shot in the back. The killers were never caught.

"He was working to go to college. Couldn't ask for a better child," McGee-Russell said. "He never gave me any trouble."

To lament only the "innocent" deaths is to ignore the larger problem, leaders say.
Gunbattles between rival gangs or drug dealers often lead to collateral damage. A 16-year-old was struck by a stray bullet May 21, 2008, on Acklen Avenue in West Nashville. A year later, Lauren Johnson, 16, was killed while sitting in her Bellshire home when a group opened fire on her street.

"If you don't do anything about this, this will spread to areas outside the pockets of crime," Maynard said. "Crime has no boundaries. You might find yourself on the other side of the barrel of a gun. Or your child might find himself in harm's way."

'They need love'

Hope for Nashville's black community right now rests mostly in a small group of faith-based groups and churches.

Last week, Nashville Inner City Ministry raised more than $230,000 at a two-day fish fry at the Tennessee State Fairgrounds to benefit Nashville's lost children. A good haul, but not enough when compared with the scope of the problem.

The group's executive director, the Rev. Lytle Thomas, has been working for more than 30 years with children in Nashville's most violent areas. He and his workers drive through those neighborhoods and pick up children for camp, after-school activities and tutoring. They help pay for food and clothes and help find jobs and counseling.
He said most of Nashville's at-risk black children grow up in broken homes, surrounded by danger.

"They develop a sense of survival so they make these decisions based on survival," he said. "People need to hear that they are worth something, that they are not worthless. They're growing up struggling, and they're growing up in hopelessness."

And yet, some children have overcome their surroundings.

Antwain Rucker, 18, lives in South Nashville and said growing up was not easy.
"You see a whole lot of drugs, violence, prostitution," he said. "Young kids, whatever they see, they pick up on it."

James Osborne, 18, still lives at J.C. Napier and sees those pressures daily.

"You grow up and with the thought that you should be what everybody else is," Osborne said. "You're constantly getting invitations to gangs, like it was an invitation to church."
And Tiffany Dixon, 34, who grew up in the Sam Levy housing project, sums up what Thomas believes is the secret to helping children escape lives of crime.

"When the kids come home from school, they're seeing gunfights. You're not comfortable in your home. You can't sleep by the window because you're afraid of getting hit by a bullet," she said. "They need love, they want to be accepted."

All-out effort urged

After McGee and Franklin were killed, community leaders called for a ceasefire, an end to the violence in the black community. The deaths continued, unabated, with a 31 percent increase in black homicides the following year.

"These organizations and the individuals, I applaud them for what they're doing," Maynard said. "But they're making brick without straw. They're trying to confront a problem that is comprehensive, and they don't have the resources necessary."

Maynard said the community needs a response akin to the one after last May's flood: an all-out effort.

"We didn't just have isolated organizations working. The city came together from the leadership of not only the mayor and the council, but everyone came together," he said. "Black-on-black crime is not a black problem. It's a Nashville problem because tourists will not come here, businesses will not come here. We will strangle economic growth if we do not come to a solution to this."

Back at McGee's grave, his family members talk about the good times they had together.

"I had 19 years, and a lot of parents don't get that. A lot of parents don't get a year," his mother says. "He's like a guardian angel for me."

The family pauses to take one last look at that grin. She bends down to get closer. Touches that smiling face.

And then she closes the lid on his picture.
Contact Brian Haas at 615-726-8968 or

4.04.2011

"Some conservative analysts are comparing the federal government's annual financial allotment for homeless services as an exercise in careless spending"

Robert's brings up some important points in his discussion and it's encouraging to see Huffpost carry it.  

I would add here that the budget butchers appear to be woefully ignorant about the fact that housing itself is often not the biggest challenge, it's keeping folks housed once they've obtained that housing.  

It's a lesson Nashville brutally learned when the original inhabitants of Tent City
were placed into housing and essentially forgotten about.  That is, until exactly one year later, when the last of the original 27 received his "non-renewal of lease" letter, which is a kind way of saying you've been evicted.

Providing housing for those folks who enter into homelessness due to a job loss or other cataclysmic event in their lives is often straightforward and fairly simple because once the precipitating event is dealt with, the person(s) involved can usually recover and move on quite successfully.  To be sure, the trauma of that episode of homelessness is severe and will likely stick with them for some time to come, but at least the incident of homelessness was an anomaly in an otherwise housed existence.

For those individuals who are chronically homeless (this definition is being expanded to include a larger category of folks that for a long time have been excluded or missed) the situation is much different and the needs of the person much more complex.  It's inconceivable and highly doubtful that one single agency could provide all the necessary services needed to address all the issues facing the chronically homeless. 

Finally, HMIS (homeless management information) has been under an implementation plan for some time now, and we're beginning to see the results.  However, even with good HMIS data, we're still not catching all the folks who are actually out there, for a variety of reasons.  

This is, in a way, representative of the big picture as well;  the causes of homelessness an range from the very simplistic to issues so unique and complex that service providers are forced to deal with the individuals on a case by case basis.

This is what makes ending homelessness - especially chronic homelessness - so challenging, and often so expensive, too.  

Cutting services to agencies serving - and individuals located on - the bottom rung of our socioeconomic ladder is akin to hammering a large wedge into the face of an aging dam.  Cracks will immediately appear that will be much more costly to fix, and if left unchecked, the entire dam will fail, and with it any chance of saving the few dollars our budget butchers may find in cutting services to those who provide hope, care and resources to our most vulnerable populations.


Are Federal Homeless Dollars Being Invested Into a Money Pit?

Joel John Roberts
Some conservative analysts are comparing the federal government's annual financial allotment for homeless services as an exercise in careless spending, similar to the 1980s movie, "The Money Pit." Remember Tom Hanks and Shelley Long buying that million dollar mansion only to find out that they had to pump in their life's savings to keep the residence from imploding?

The Government Accountability Office (GAO) announced that the federal government spent $2.9 billion for federal homeless programs in 2009, a dollar amount typically allocated each year.

In this season of a growing national budget deficit, where lawmakers are fighting over what sort of government spending cuts should be implemented, critics of homeless spending jumped on this GAO report.

Three billion dollars per year, and homelessness continues to soar? Certainly the infrastructure to end homelessness is imploding, critics state. They say that with the national cost of building a home pegged at $200,000 per unit, 145,000 homes for the homeless could be built each year with this money.

That is a lot of homes, a lot of housed homeless people.

Is the government really using its dollars to end homelessness, or is this multi-billion dollar annual investment just another kind of pork-barrel scheme?

Congressional leaders steer federal dollars back to their local jurisdictions to appease their constituents. Are national leaders investing dollars into homeless services in order to quiet homeless persons and their advocates? Sort of like developing countries handing out free rice and beans to their hungry and impoverished populace so they won't revolt.

If you have encountered a homeless person along the road, at freeway off-ramps, or at the local outdoor mall, you know homelessness is not as simple as categorizing everyone as scraggly men reeking of alcohol, caked with dirt. You see former vets, women with children, and elderly men struggling with chronic diseases.

Homelessness is a result of a broken social safety net in this country, a system that spews out homeless people on to the streets from the Department of Defense, Department of Social Services, prisons, mental and physical health institutions, and foster care programs. Throw in unemployment, spousal and child abuse, lack of any comprehensive health care system for any one living below middle class, and this country ends up with more than a million Americans on the street. (Some even think the number is more.)

A multi-billion dollar housing development program implemented without social services to help those who are being housed would end up in hundreds of thousands of empty new homes. We have to address the issues of why a person became homeless as well as provide a home. Otherwise, building homes without services will end up in social foreclosure -- empty homes because people still struggle with their homeless-causing issue.

The trend toward providing homeless services today, however, does gear toward housing. They call it "Housing First." In the past, homeless service experts believed that we should provide services to homeless people before they are given a home. Today, experts believe we should provide a home and services at the same time.

A different direction in providing homeless services in this country will still not silence those who are critical of the $3 billion price tag. Perhaps compare the cost to the price tag of the Iraq War? Nearly one trillion dollars (on average $10 billion per month), only to find many of the vets return home to life on the streets?

With an annual budget of $3.55 trillion in 2010, this country's investment of $3 billion seems miniscule.

It is like Tom and Shelley paying for just a new roof on an otherwise dilapidated mansion, only to see the whole structure collapse from the weight of deficient investment.

4.02.2011

The Case of John Thompson: Prosecuters Have FAR Too Much Immunity From Consequences of Wrongdoing

There are few things in this world that make my blood boil more than when a Prosecuting Attorney, backed by the full authority, power and resources of "The State," wields those powers in a vindictive, immoral, unethical and/or criminal manner.

Now I get that DA's need some shielding and immunity from those they are seeking to prosecute.  They need it because we're a very litigious society in general and you can bet that folks who've been wrongly charged would want some compensation for the incredible fear, hardship and expense they must endure as they fight their way clear of the charges.  

If a prosecutor was held personally liable for wrongly accusing someone every time they lost a case, they'd never bring one to trial.  They've got to be able to practice their specialty without fear of reprisal, so long as they are practicing under strict, legal, moral and ethical guidelines.  

But when prosecutors get vindictive and/or act scandalously, when they fail to disclose or actually hide exculpatory evidence,   when they become "indifferent" to the point of carelessness, laziness, or ineptness which results in another human being's loss of freedom and in some cases, that person's death, then they should immediately lose the protection afforded them by their position and become liable both civilly and criminally, for their actions.

And you'd better believe that prosecutors are just as capable of the full range of the very worst of human behavior as anyone else.  Some might even argue they are more so, because they have such blanket immunity to being prosecuted or held accountable.  It brings to mind the behavior of Kevin Bacon in Hollow Man when he realized he could rape without being identified.

 Power has an uncanny way of corrupting people, and absolute power corrupts, absolutely.  

The bottom line here is that if there are no repercussions, no penalties for egregious behavior on the part of those who are vested with the power of the state to obtain convictions, the potential for abuse is enormous.  And in the end, the only thing separating a prosecutor from the murderer in death penalty case is the righteousness that comes with the truth.  
 
As such, if a prosecutor obtains a conviction by lying to a jury and/or omitting evidence that results in someone being sentenced to death, isn't that the same as...murdering them?


(Photo Courtesy www.PDImages.com)

Man Wrongly Convicted: Are Prosecutors Liable?


April 2, 2011 When prosecutors violate the law to deprive a person of a fair trial, is vindication enough, or should the prosecutors be held liable for damages?

This week, a bitterly divided U.S. Supreme Court all but closed the door to such lawsuits. The 5-4 ruling came in the case of a New Orleans man who served 18 years in prison for a crime he did not commit.

In December of 1984, Raymond Liuzza Jr., the son of a prominent New Orleans business executive, was shot to death in front of his home. Police, acting on a tip, picked up two men, Kevin Freeman and John Thompson.

Thompson denied knowing anything about the shooting, but Freeman, in exchange for a one-year prison sentence, agreed to testify that he saw Thompson commit the crime.

Prosecutors wanted to seek the death penalty, but Thompson had no record of violent felonies. Then, a citizen saw his photo in the newspaper and implicated him in an attempted carjacking — and prosecutors saw a way to solve their problem. John Hollway, who wrote a book about the case, said the solution was to try the carjacking case first.

A conviction in the carjacking case would yield additional benefits in the subsequent murder trial, Hollway observes. It would discredit Thompson if he took the stand in his own defense at the murder trial, so he didn't. And the carjacking would be used against him during the punishment phase of the murder trial.

It all worked like a charm. Thompson was convicted of both crimes and sentenced to death for murder.

An 'Oh My God' Moment
Several years later, four young lawyers at the silk-stocking firm of Morgan Lewis in Philadelphia took on his case pro bono. But after 10 years and thousands of hours of work, they had lost all their appeals, including one at the U.S. Supreme Court. Two of the lawyers, Michael Banks and Gordon Cooney, flew to Louisiana.

"We were literally on our way from telling John that we had failed him as his lawyers and that he was going to die," Banks says. "And we were on our way to tell his mother and his 17-year-old son that they should start planning for the execution."

Banks was driving while his co-counsel checked their office voicemail and learned some astonishing news: Their investigator had unearthed, in microfiche files, a lab report to prosecutors in the carjacking. A swatch of fabric stained with the carjacker's blood had been tested and never produced to the defense.

"It is an 'oh my God' moment," Banks says.

He says that single discovery would unravel both cases.

"We still did not have evidence of Thompson's innocence, but now we knew the DAs had played very, very dirty pool, and we were determined to see if there was other evidence that we could get," he says.
There was plenty.
Further testing would show that the carjacker's blood was Type B; Thompson's was Type O. And, it turned out, one of the prosecutors had years earlier made a deathbed confession to a colleague that he had hidden the blood report from the defense. That confession, too, was kept secret.

To The Supreme Court
All of this would eventually lead to reversal for both convictions, and a new trial on the murder charge. At that trial, yet more evidence would be uncovered and presented to the jury.

Previously undisclosed police reports showed witnesses at the crime scene had described the shooter as 6 feet tall with close-cropped hair. Thompson was 5-feet, 8-inches tall with a huge Afro. The description, in fact, fit not Thompson, but Freeman, the man who had made the deal to testify against Thompson.

In all, there would be 10 pieces of exculpatory evidence that prosecutors failed to turn over to the defense at the first murder trial. At the second trial, a jury acquitted Thompson after just 35 minutes of deliberation.

Thompson then sued New Orleans District Attorney Harry Connick and his office for failure to train prosecutors about their obligation to turn over such evidence to the defense. Connick's office had previously been chastised by the Supreme Court for similar failures. A jury awarded Thompson $14 million in damages. But this week, the U.S. Supreme Court overturned that award.

Justice Clarence Thomas, writing for the five-justice majority, said there was no proof of a pattern of indifference in the DA's office and that prosecutors, unlike police, do not need special training in such matters because they learn the rules in law school.
Justice Ruth Bader Ginsburg took the unusual step of reading her dissent from the bench to underscore her view that the "deliberately indifferent attitude" in the DA's office had created a "tinderbox," where miscarriages of justice were inevitable. Many saw her dissent as a call to Congress to change the law.

'That Is What's Scary'
Thompson says he's not bitter, saying he can't miss money he never had, but he says he is worried about accountability for prosecutors.
"I'm disappointed that from the Supreme Court ruling ... I didn't make things better. I might have made things worser," he says. "It made them really think they got permission to kill now without being held accountable. That is what's scary."


Connick, the district attorney, feels vindicated by the high court ruling.

"I think that he committed ... a murder, and I think that obviously we thought we had enough evidence to gain a conviction," he says. "So I was delighted that the Supreme Court ruled in our favor."

Smiling does a body good

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