Black Mirror: Just Though You Should Know 7/22/16

 

Based on a true story...

 

Sorry for the late post.  I almost didn't write anything this week because I don't like sounding like a broken record. However, the spectacle we saw at the Republican National Convention in Cleveland only reinforces what most of us who are not swooning over Donald Trump's unconfirmed net worth (release your taxes, Donald) have been saying since he started his campaign. His leadership style is more in line with a dictator than a president.  He is a narcissist, whose first second and last concern is his own profitability and notoriety. Why else would you as a husband allow your wife to be embarrassed the way she was on the podium?  Though if we're being honest, his acceptance speech had even more falsehoods than hers did.  So there's that.

The real reason that I put fingers to keys this week, though, is this guy...

Sheriff David Clarke...oh wait...!

Whoops!  Sorry folks, wrong photo!

This guy...

Milwaukee County Sheriff David A. Clarke Jr. (Photo: wkow.com)

Watching his last two public appearances, an interview on CNN in which he tried to intimidate Don Lemon and his speech at the Republican National Convention (link) left me wondering, what happened to this man to make him hate himself so much that he uses his position as an elected Democrat (yes he's a registered Democrat) to reinforce willful blindness to the suffering of his own people?  Rather than write him off as a sell-out Uncle Tom, which I'm reluctant to do since I've long advocated the idea that it's black people that define blackness and not the other way around, I thought I'd highlight some of the things that might motivate someone to turn his back on his people.  

Notoriety:

There's an old saying that a dog biting a man isn't news but a man biting a dog is.  African Americans are surprisingly very socially conservative.  Even as a 1st generation West Indian American, I see that most of them believe in the family values, limited government, and personal liberty Republicans constantly drone on about as if they invented them.  Who wouldn't want the freedom to not be stopped, frisked, and questioned because of what you're wearing or the neighborhood you're walking in?  The divide between us and the GOP is that they seem to think only their base is entitled to these rights.  Naturally, that doesn't sit well with us.  So when one of us jumps ship, he/she goes from being just another "plantation" dweller (isn't that such a nonracist way of opening dialogue?) to being "smart", "a truth teller", and "one of the good ones."  Suddenly, you're special.  Acceptance from a group that's long told you your entire existence is "less than human" and whose approval you've been culturally conditioned to seek is powerful.  It's not just African Americans either.  Former Louisiana Governor and failed Republican Presidential Candidate Bobby Jindal and current South Carolina Republican Governor Nikki Haley have benefited politically and financially from "assimilation" even if it meant throwing their own culture under the bus.  Obviously, not every non-white Republican subscribes to this mindset.  Senator Tim Scott (R-SC) and Former Secretary of State Colin Powell walk in conservatism and self-awareness without compromising their heritage though now it seems the more extreme your views are, the more spotlight you receive.    

Spotlight:

Speaking of the spotlight,  would anyone outside of Wisconsin have heard of Sheriff Clarke if he was towing the Democratic party line?  How about Jesse Lee Peterson?  Omorosa Manigult if you never watched "The Apprentice?"  Stacy Dash if offbeat comedies and late-night B-movies aren't your thing?  How about Trump spokeswoman and failed congressional candidate Katrina Pierson? Being a willing surrogate for racist propaganda can earn you a lot of money. Each of the aforementioned "conservatives" has a warm seat waiting for them on any Fox News show, anytime they want it.   There's a lot of financial security in being able to rationalize racist viewpoints and obviously, the degree to which some people's consciences are eased is directly proportional the number of zeros in their paychecks.  Perhaps some of them fear a return to poverty more than they love themselves.  

Cultural Conditioning: 

There are a few unwritten rules about being black in the United States if you want to thrive (by unwritten I mean no longer codified in law).  The first is that if you want to succeed you have to work twice as hard as everyone else.  Your blackness is already seen as 2 strikes against you so excellence is the only way to even have a chance at success.  If you're average, you're already dead in the water.  The second is that unless you're good at a sport or other form of entertainment, good diction aka "talking white" will get you much further than "talking black."  For you non-Americans/Canadians that means speaking any form of ghetto slang English will usually bar you from getting a job that pays a real living wage.  Third is that you must know history.  "History" being European history or world history from a European perspective.  You must know basics like America was discovered by Christopher Columbus in 1492 despite the fact that he found a native population that had been thriving and repelling European attempts at colonization since at least 1000 AD.  You must know that America gained its independence from Britain through the cunning tactics of George Washington without help from anyone else.  Especially not a Native American/black guy named Crispus Attucks who was the first American to die in the Revolutionary War.  You must also know that the only role African Americans played in the building of our country was carrying the terrible burden of slavery that they couldn't free themselves from so white men fought the Civil War to free them.  There were never any attempts by the slaves to free themselves and after the war was over, blacks were free to do as they wished with full rights as equal citizens granted immediately.  In all seriousness, with these socially accepted "rules" in place it's not hard to imagine a black person being inherently ashamed of who they are and seeing assimilation into "white" culture as a step up. It's ingrained into our "education" from day one.

Men like Sheriff Clarke are always a hard pill to swallow for those of us that want to see us thrive, connect, and put this racial crap behind us.  Instead of using his position as a vehicle of change, he uses his blackness and his badge as a shield for racists.  There are other police chiefs that are being fired for standing up for their communities but he selfishly chooses to join the chorus of criticism of a people that have historically never been given a fair shake.  He, and people like him are respectability politics taken to an extreme.  They are a cruel twist on the old saying "if you can't beat 'em, join 'em."  Like Kevin Durant, however, instead of being hailed as a hero for joining a winning team, you've only proven that you're not built for the fight and would rather take the easy path to victory.  I hope the perks of being a Republican shill are enough of a comfort to you at night, Sheriff Clarke, and that you never take your uniform off because we both know the first thing everyone sees when you take it off.  Oh?  You don't know what everyone else sees?  Ask Senator Tim Scott.  He'll fill you in.

 

...Til Next Week.

How to end #Blacklivesmatter: Just Thought You Should Know 7/15/16

2016 has gotten off to a really shitty start.  I say "start" loosely since we're in middle of July but the shitstorm of fail we've been going through feels like its not quite done with us yet.  As far as bad weeks go, its hard to top the week Prince died but with another terror attack in France, an attempted military coup in one of the largest countries in NATO, and cops in Dallas being killed by snipers, this week tried its damnedest to take the crown.  Don't get me wrong, there were some positive stories too but when the lowest point in the week isn't the deaths of more than 100 people innocently celebrating a national holiday in France, even the New Day would be hard pressed to find a silver lining.  This week I thought I'd examine just where Black Lives Matter is going as a movement and what would it take for it to abate.   

#Blacklivesmatter

There have been a lot of accusations thrown around by both sides of this debate.  Black Lives Matter has been called a "terrorist" group by numerous media outlets that I won't give the dignity of being mentioned here and likewise Black Lives Matter and their supporters have launched that same charge at our nation's police officers.  As always, the truth lies somewhere in the middle and no one has tried to step in and ratchet down the rhetoric because they're too busy trying to use the moment to push an agenda or get ratings.  If we're being honest, officers tend to get a overzealous when dealing with black people, no matter our social class.  They're less patient, less likely give us the benefit of the doubt, and much more quick to use force on us to gain compliance...and those are the good ones.  There are many departments that blatantly racially profile, harass, and brutalize African Americans.  These are facts.  Conversely, If the police force (en mass since we've been dealing in broad brushes all week) were really a terrorist organization on the level of the KKK, there would be a lot more dead black bodies in the streets.  Most of the egregious police misconduct we see on television are against poor blacks in poor black neighborhoods, where violent crime tends to be higher.  Naturally, officers who've never lived in the area and probably have never been exposed to this type of environment, are on edge.  They don't know the people, culture, mindset, nor do the people make it easy.  Granted, the modern police force started off as an organization of slave catchers and I already mentioned how officers tend to mistreat black people so the attitude is historically justified.  However, all that being said, "fuck the police" isn't helpful to anyone either.  Most officers do their jobs well and are not putting on the uniform every day with the sole intention to harass and murder black people.  Ticket quotas combined with decades of cultural conditioning are probably more responsible than a bunch of individual "rogue" racists in uniform for the current broken state of the relationship.  Most of them, like their civilian counterparts, don't even realize they're racists.  But even with all that on the table, I firmly believe this problem is solvable.  We need the police.  Their function in society is vital, which is why it is imperative that their applicant screening process, psych evaluations, and accountability steps must be impeccable.  But they can't do it alone.  Policing at its best is a joint effort between officers and the people they protect.  The cops can't arrest the people making our neighborhoods unsafe if they don't know who these people are.  Without reliable intelligence, law enforcement is forced to operate blindly with disastrous results.  There are several accepted aspects of police/community culture that must change for real reconciliation to happen.

Silence really does speak volumes.

Break the Blue Wall of Silence

As a veteran of the Army Reserve, I understand brotherhood.  I understand the power of instantly understanding what your fellow soldiers have been through to get where they are and to be instantly understood.  You want to protect your brothers (and sisters) against unfair treatment.  However, this practice has often stood as a shield for people who's racial biases, bully mentality, and misogynistic attitudes should disqualify them from wearing the uniform.  Too many of these "officers" use the law as a tool to harass, intimidate, and humiliate whoever they wish and until recently, their fellow officers remained silent about it.  We've already seen cracks starting to show in the wake of the deaths of Alton Sterling and Philando Castile. Good cops are finally fed up and starting to speak out against their prejudiced and corrupt colleagues.  In addition to the high profile cases of racial discrimination, we've also seen far too many cases of sexual abuse from officers.

Victims included unsuspecting motorists, schoolchildren ordered to raise their shirts in a supposed search for drugs, police interns taken advantage of, women with legal troubles who succumbed to performing sex acts for promised help, and prison inmates forced to have sex with guards.
The AP's findings, coupled with other research and interviews with experts, suggest that sexual misconduct is among the most prevalent type of complaint against law officers. Phil Stinson, a researcher at Bowling Green State University, analyzed news articles between 2005 and 2011 and found 6,724 arrests involving more than 5,500 officers. Sex-related cases were the third-most common, behind violence and profit-motivated crimes. Cato Institute reports released in 2009 and 2010 found sex misconduct the No. 2 complaint against officers, behind excessive force.
Cases from across the country in just the past year demonstrate how such incidents can occur, and the devastation they leave behind. -- Matt Sedensky and Nomaan Merchant, 11/1/15, Associated Press: Hundreds of officers lose licenses over sex misconduct

The police are the only public service that gives its employees the power to end another person's life if they deem it necessary.  Doesn't it make sense that the people they hire should be as free of prejudice as possible?  Do good cops want these maniacs representing them? Are these really the best candidates we can find?  If so, that's a bigger indictment on our culture than any North Korean propaganda film. 

When 'keeping it real...' is suicide.

"No Snitchin'" must end.

I lost a man I considered my brother to the bullets of a crazed drug addict on November 25, 2001 .  We came from a rough neighborhood and when you live in rough neighborhoods, meeting friends with spotless criminal records is hard.  As a matter of fact, when your neighborhood is over policed, schools are poor, and employment options are few, having a criminal record isn't as big a knock on your character.  It's expected.  It's what whether you go locked up for jay walking or got lock up for murder that matters.  Living in isolation isn't an option if you want to live a semi normal life so you talk to people, even if they've been to jail or sell drugs.  I was lucky enough to have gotten out of that environment through some extraordinary sacrifices by my mother but my God-brother couldn't so he had to deal with who he had to deal with.  Unfortunately, that post Thanksgiving Sunday night, my 18 year old God-Brother was walking home from his new job and decided to chat with one such individual.  Not long after, they were approached by a man wanting to buy drugs. My God Brother's friend was a known dealer so this wasn't out of the ordinary.  During the course of the sale, the addict decided he didn't want to pay for his purchase and produced a revolver.  My God brother ended up on his back and choking to death on his own blood at the bottom of dirty basement stairs, shot in the chest 5 times, while both the dealer and the killer fled the scene.  Both were eventually caught about a week later and the addict was charged with murder, his 3rd felony strike.  The drug dealer, in jail on an unrelated charge, was the prosecution's "star" witness as the only other person who knew what happened that night.  I attended the trial, determined to get the truth of why my friend was dead.  When the drug dealer finally testified, it wasn't his description of the last moments of my brother's life that hurt the most.  It was the during the defense's cross examination that we found out that the drug deal had committed an armed robbery 3 weeks before and the local PD failed to arrests him.  Had he been caught, none of this would have happened.  I initially blamed the police for not doing their jobs, for neglecting yet another young black man's death.  But I know the kind of people who live in the neighborhood we grew up in.  I know because its the same attitude I had as a teenager.  Too many instances of disrespect and outright abuse between us for anyone to say anything to the police.  Even if that meant an armed robber remained free.  The only thing that accomplished was another member of our family being robbed of his future.  Sometimes, the first step to rebuilding a relationship is taking a leap of faith.  We know which officers have no interest in engaging us as a community and which do.  Use those connections and return the respect you're given by making the officers who actually care look good so they can become the people in charge of setting the tone for community relations.  We can weed out the bad cops the same way customers weed out bad employees, build a record of complaints so long they can't deny the pattern of misconduct.  Keep filming, keep exposing them, and keep them from getting another job.  Fighting fire with fire only proves them "right" and costs more black lives.

"Broken Windows" was used in post invasion Iraq with disastrous results (Photo: Wired.com)

Broken Windows Policing/Stop and Frisk/Ticket Quotas Must be Abolished
For folks who are screaming at their screens right now asking about Chicago and why I'm not speaking as vehemently about the black deaths instead of bashing the police?  Simple.  Gang members and criminals didn't take an oath to uphold the law and represent the highest ideals of our judicial system.  It's a false equivalence.  A straw man argument.  It should go without saying that the police should be held to a higher standard as taxpayer funded peacekeepers.  Honestly, anyone who doesn't think that's fair should ask themselves if they'd like to be treated the way the people of Baghdad were treated during the American occupation because that's exactly what "broken windows" policing and "stop and frisk" are.  In theory, broken window focuses on aggressively enforcing petty crime to deter more serious ones, restoring trust, reducing fear, and increasing pride in a community.  It was initially successful in Iraq but that was because Iraqis knew that the local police were backed up by the heavily armed American military.  Eventually, that fear gave way to rage as civilians refused to talk to Iraqi police or American MPs, allowing Al-Qaeda to kill at will.  Since our departure, crime and terrorism are worse than ever in Baghdad.  In New York City, which credited the practice for it's dramatic drop in crime during the 90s, it's become another excuse to use already low income people as source of municipal revenue.  The proof is the dramatic reduction in tickets written during the NYPD "protest" against Mayor DeBlasio last summer.  There was no corresponding rise in criminal activity during the down period inadvertently proving most of the officers have become little more than uniformed backdoor tax collectors.  Stop and Frisk compounds the issue by treating innocent young men of color as criminals regardless of actual guilt or innocence.  You cannot build a trusted network of neighborhood intelligence when you don't make the distinction between civilian and criminal.  Now, just as in Baghdad, police all over the country are being targeted in retaliation for years of abuse.  Good cops are paying the price for years of ineffective leadership, stat padding arrests, and racial profiling.

Where does it end?

It ends with the end of racism.  We got a glimpse of what that America would look like in the weeks after 9/11.  I can't remember any other time in my lifetime that we were all Americans.  No hyphens.  We're not where we were before the 60s but we clearly have a long way to go.  I used to believe that as the older generation died out, they would take their prejudices with them.  Unfortunately, we're seeing the same old battles play out among people my age who didn't live through the civil rights movement, proving poisonous ideas are just as hereditary as eye color.  We shouldn't be surprised though.  Racism didn't die out with the end of the Civil War, either World War, nor the Civil Rights movement.  We've seen small steps though, taken after each generation, slowly repealing explicit legalized racism and with the legal restrictions on education and housing lifted, more African Americans than ever are rising into positions of leadership.  We must remember though, that these leaders are still forced to work within a system that constrains how quickly they can effect that change and how entrenched the social barriers are to that change.  It's like trying to chip away at a glacier with an ice pick.  Killing cops won't help.  Ignoring police misconduct won't help.  But don't just take my word for it...ask the US Department of Justice, who've made the same recommendations I've just spent the last few paragraphs blathering about.

Resource Guide for Enhancing Community Relationships and Protecting Privacy and Constitutional Rights

After-Action Assessment of the Police Response to the August 2014 Demonstrations in Ferguson, Missouri

Community-Based Approaches to Prevention: A Report on the 2014 National Summit on Preventing Multiple Casualty Violence 


...Til Next Week!

Facebook Video Shows Another Officer Involved Shooting in Minnesota

VIDEO: Roseville, Minnesota Officer Involved Shooting

In the wake of the horrifying Alton Sterling videos, a new video posted to a now deactivated Facebook account shows the aftermath of another officer involved shooting, this time in Falcon Heights, Minnesota.  According to the video, the incident began when the couple was pulled over, for a broken tail light.  The victim then told police that he was licensed to carry a weapon and that it was currently on him.  According to his girlfriend, who recorded the video, the victim was complying with police commands, reaching for his license and registration, informed the officer that he was doing so, but was still shot 4 times.  The unidentified Minnesota patrolman seemed to blame the bleeding victim for his injuries, repeatedly yelling that he "told him not to reach."  Officers then took the girlfriend, who was still recording, into custody where her emotions got the best of her and had to be comforted by her daughter, who looked to be no more than 10 years old and witnessed everything.  Condition of the victim and the names of the officers involved is still unknown at this time.

Will update this post as more information becomes available...

Update...the victim, who unfortunately died of his injuries, has been identified by a relative as Philando Castile, 32, an employee of the St. Paul school system.

Full details in the Minneapolis Star Tribune

Mark Godsey: For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man

Ken Anderson defends himself at a Court of Inquiry investigation in Georgetown, Texas, on Feb. 8, 2013. (Photo via Propublica.org)

Today in Texas, former prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife. When trying the case as a prosecutor, Anderson possessed evidence that may have cleared Morton, including statements from the crime's only eyewitness that Morton wasn't the culprit. Anderson sat on this evidence, and then watched Morton get convicted. While Morton remained in prison for the next 25 years, Anderson's career flourished, and he eventually became a judge.
In today's deal, Anderson pled to criminal contempt, and will have to give up his law license, perform 500 hours of community service, and spend 10 days in jail. Anderson had already resigned in September from his position on the Texas bench.
What makes today's plea newsworthy is not that Anderson engaged in misconduct that sent an innocent man to prison. Indeed, while most prosecutors and police officers are ethical and take their constitutional obligations seriously, government misconduct--including disclosure breaches known as Brady violations--occurs so frequently that it has become one of the chief causes of wrongful conviction.
What's newsworthy and novel about today's plea is that a prosecutor was actually punished in a meaningful way for his transgressions.

Disgraced Judge Ken Anderson

I give speeches about the Innocence Movement, and tell stories from real cases, all around the world. No matter where I am, when I finish speaking the first question usually is, "What happened to the police/prosecutors who did this to the poor guy?" The answer is almost always, "Nothing," or worse, "The police officer was promoted and now is the chief of his department." The adage that the powerful go unpunished is no truer or more visible than with police officers and prosecutors in America--even when they send innocent people to prison from their misconduct.
My client Roger Dean Gillispie of Dayton, Ohio, for example, spent 20 years in prison as a result of police misconduct. In 2007, we presented overwhelming evidence that the police officers, like Anderson in the Morton case, failed to turn over evidence to the defense before trial that would have cleared Gillispie. We also supplied the court with evidence that the police officer in charge had harassed and intimidated witnesses helpful to the defense, and had manipulated the evidence. Before going to court to clear Gillispie, we met with the local prosecutors, hopeful that they wouldn't tolerate such misconduct and would do a thorough (and neutral) investigation to get to the truth. Instead, they simply denied everything in knee-jerk fashion, and fought to keep Gillispie in prison until a federal court finally found government misconduct and threw out his charges in December 2011. To this day, the police officer in the case has not been investigated by a neutral, independent body. The only thing he has received is promotions.
Rogue cops and prosecutors going unpunished is the rule rather than the exception. In Illinois, two police officers whose improperly grueling interrogation techniques led to the wrongful conviction of Juan Rivera and others were not penalized when their 3rd degree tactics came to light. Rather, they were recently hired at taxpayer expense to teach interrogation courses to other police officers around the state.
A recent study found prosecutorial misconduct in nearly one-quarter of all capital cases in Arizona. Only two of those prosecutors have been reprimanded or punished. This led the Arizona Republic to conclude:

There seldom are consequences for prosecutors, regardless of whether the miscarriage of justice occurred because of ineptness or misconduct. In fact, they are often congratulated.

Other studies/articles with similar troubling results can be found here, here, here, and here.
Fortunately, there is something very simple that judges across the country can do to eradicate this problem. All judges, state and federal, should issue the standing "ethical rule order" proposed by the Hon. Nancy Gertner and Innocence Project Co-Founder Barry Scheck. The proposed order requires prosecutors to disclose, pre-trial, all evidence that "tends to negate the guilt of the accused or mitigates the offense." Details regarding the proposed ethical rule order, including all the justifications supporting it, can be found in this article by Barry Scheck.

Michael Morton, exonerated in October 2011 (Photo via innoncenceproject.org)

The reason such standing ethical rule orders are important is that they allow prosecutors, like Ken Anderson, to be held in criminal contempt if they are later found to have engaged in misconduct. Anderson could be punished today only because such an order had been issued in the Morton case.
Today's conviction of Ken Anderson stands out as an extreme aberration in a society where police and prosecutorial misconduct goes largely unpunished. But it is a step in the right direction. Hopefully, today's result will deter rogue cops and prosecutors in the future from engaging in similar misconduct. But this will happen only if judges across the country do what the judge did more than 25 years ago in the Morton case: issue an order requiring that proper disclosure to the defense, or risk criminal contempt proceedings.

This post originally appeared in The Huffington Post.
Mark Godsey is a Professor of Law at the University of Cincinnati College of Law and the Director of the Ohio Innocence Project.  Follow him on Twitter @wrongconvblog

Visit http://www.innocenceproject.org

  

Thabo Sefolosha shows why 'sticking to sports' isn't a viable option

Three years ago, LeBron James and his teammates paid tribute to slain teenager Trayvon Martin. The decision drew praise from many and scorn from others. Stick to sports, they said. A year ago, in the wake of the killing of Mike Brown by a police officer in Ferguson, five St. Louis Rams made the "hands up, don't shoot" gesture while entering the field. The decision drew praise from many and scorn from others, including St. Louis' police union. Stick to sports, they said. Ten months ago, in the wake of a grand jury declining to indict a New York City cop who choked Eric Garner to death for selling loosies, Derrick Rose wore a t-shirt that read "I can't breathe," a nod to Garner's tragic final words. The decision drew praise from many and scorn from others. Stick to sports, they said.

Last April, Thabo Sefolosha of the Atlanta Hawks got his leg broken by a New York City cop for no good reason. Thabo Sefolosha didn't have the option of sticking to sports, did he?

After breaking Sefolosha's leg, authorities pursued obstruction charges. The case against Sefolosha was comically weak. Reports suggest prosecutors offered him a plea deal which would commit the player to a day of community service and result in charges being dropped so long as Sefolosha (who had no record whatsoever) didn't get in trouble in the next six months. He declined the deal. Later, prosecutors came back with a better offer: no community service, charges will be dropped in six months if Sefolosha's (clean) record remained clean. He declined that deal, as well. On Friday, a jury of Sefolosha's peers completely and quickly exonerated the player.

Thabo was lucky. He had the money to hire a good lawyer. He had a boss, Hawks coach Mike Budenholzer, willing to testify in support of him. He's represented by a union that went to bat for him, both in ensuring he'd get a paycheck despite his injury and in ensuring he had what he needed as the case went to trial. Thabo was lucky in that he's a professional basketball player and not someone without the resources to defend himself in court.

Thabo was also lucky that the cop Thabo faced didn't put him in a fatal chokehold or unload a handgun into him. Being a pro basketball player didn't save him from those fates, because as Thabo learned all too well, being a pro basketball player won't save you from an overzealous police offer intent on misusing his badge and his authority. This could have been much worse. For others, it has been much worse.

This is why LeBron and Rose speak up when injustice and death befalls other Americans: because they know it could just as well have been them. It's not about cops, either: both LeBron and Rose and countless other pro athletes (black and white) have been vocal about social issues that affect our communities because they know it could all happen to them. Rose has donated millions toward programs intent on stemming the bloodshed caused by gun violence in Chicago. LeBron recently spoke out in support of gun control measures after a series of tragedies in Cleveland.

John Wall and other NBA stars have offered their public support and cash for similar efforts far beyond the narrow concern of police violence. In many cases, they do these things because they see themselves in the people they are helping. LeBron, Rose and Wall remember what it was like to grow up in neighborhoods without hope, and they understand the power their examples and their resources hold. That's why they don't stick to sports.

Thabo Sefolosha may have never intended to defend the free speech of pro athletes when he set out to exonerate himself, but he didn't skirt those responsibilities either.

"It's troubling to me that with so much evidence in my support that this case would even be brought to trial and that I had to defend myself so hard to get justice," he said in a statement. "It pains me to think about all of the innocent people who aren't fortunate enough to have the resources, visibility and access to quality legal counsel that I have had.

Sefolosha didn't stick to sports. By standing up for himself, he held strong for others. Social activism should never require justification.

This article originally appeared on SB Nation written by Tom Ziller.  Follow him on Twitter @teamziller

Stealing Blackness - The Absurdity of Identity Politics

Pastor Shaun King (Photo: DLHughley.com)

Pastor Shaun King is under attack today for allegedly lying about his race.  A few weeks ago Rachel Dolezal was outed for doing the same thing and the response has been predictable.  My identity is something I protect fiercely.  It's something that I have no choice but to be proud of lest I sink to the doldrums of despair about the ills of being a non-white male in the USA.  I don't take kindly to people pretending to be something they aren't for selfishly asinine reasons like getting a scholarship or record deal or just for shits and giggles.  So should we be outraged that yet another person is being "outed" for pretending to be black?

(Photo: Telegraph.co.uk)

Absolutely not.

Our country is full of people who blur the identity line when its convenient or obliterate it completely when no one is looking.  Americans have been stealing cultural ideas from each other since its inception.  Moreover, the standard for what makes one "Black", "White", "Asian", or "Native" isn't universally accepted.  In the Dominican Republic black is synonymous with Haitian, despite the fact that everyone on Hispaniola would be considered black by American standards.  In Brazil, my wife and I wouldn't be considered the same race.  The President, who's father, of course, is Kenyan, has been hammered by Black Americans for years for "not being black enough" yet when Bill Clinton was in office he was both lauded and criticized for being "too black", mostly stemming from his love of jazz.  Tiger Woods dislikes being considered black so much he made up a word to describe his ethnicity, despite the fact that he continues to live in a country that invented and still tends to define blackness by the one drop rule.  Gov. Piyush "Bobby" Jindal (R-LA), Gov. Nimrata Nikki Randhawa Haley(R-SC), Former Florida Rep. Allen West (R), Justice Clarence Thomas, Herman Cain, Sen. Marco Rubio (R-FL) and Dr. Ben Carson are considered the poster children for selling out yet Eminem, Macklemore, Yellawolf, and Action Bronson are considered "real."  Cultural appropriation (aka cultural plagiarism), through its intentional obstruction of the origin of philosophical concepts,  musical styles, mathematics, and even health care further blur the lines about what belongs to who and for how long.  Humans have been doing this for as long as we've existed on this planet so why is it only certain instances of line stepping are greeted with so much scorn, vitriol, and derision? Probably because the line steppers aren't stealing,  they're helping.

She lied, but she's been down for 20 years. (Photo: Today.com)

The people who define these terms, black, white, asian, liberal, conservative, libertarian, etc, etc, usually have an agenda to push.  Cable TV "news" has devolved from a service to keep the American people informed to a vehicle to push partisan propaganda.  Its designed to stir up your emotions by playing on your fears of being irrelevant, marginalized, and forced into silence.  They use every trick in the political playbook to get your ratings and loyalty.  They create controversies that aren't there, to play on your biases, stoke your natural human fear of "the other", and keep feeding you what you want to hear until you're so addicted to the echo chamber that everything else, no matter how reasonable sounds like white noise.  The website (I refuse to give them publicity by mentioning their name here) that allegedly outed King is the same website that slandered former Georgia State Director of Rural Development Shirley Sherrod and community outreach NGO ACORN.  Despite the fact the website's allegations were proven false both times, neither ACORN nor Sherrod's career survived the fallout.  You can read about the trumped up scandals in depth here and here.

Racial Hierarchy in Brazil

The real question we should be asking them and of ourselves, is why does it matter?  If King is white...so what?  Are we so hung up on identity politics that we can't accept his help?  If King lied about his parentage maybe that says more about who's opinion we consider legitimate if he and Dolezal had to lie to be taken seriously?  Does a person have to be black to speak out about black injustice?  Does a person have to be poor to stand against poverty?  Charities wouldn't exist if that were the case.  A great man once said his dream was that his children would not be judged by the color of their skin but by the content of their character.  It's times like this that we're called to put that mantra to test.  This is where the rubber meets the road and we need to let people know that it doesn't matter what your background is, your actions and the fruit of your works define what you are.  Shaun and Rachel have clearly decided where their loyalties lie.  That makes them black to me.

[Update: It appears they've gone 3 for 3 in peddling libelous bullshit]

Sandra Bland: Say Her Name

YouTube vid of her arrest 

Here we go again.  Hours after this was shot, Sandra Bland was "found dead" in her cell.  At this point I've lost track of the people we've had to bury because of police misconduct.  Sandra Bland and her family are the newest members of the club no one wants to join.  I can hear the peanut gallery now deriding me and others for jumping to conclusions, not waiting for the facts, or being anti-police.  Then, when that predictably fails to sway our opinion, they'll bring up some obscure case of either police brutality against a white man or mention the atrocities in Chicago as if they cared about the people beyond using it as an anti black talking point.  

Shut up.  I'm tired of you.  All of you who ignore proven patterns of bias, who shove respectability politics down everyone's throat, except when it's people who aren't black acting like savages.  This vibrant woman with a family who loved her and found her voice speaking out about the very thing she ended up being a victim of (#SandySpeaks) will never be able to call her sister's names again.  There is a family that has a hole that will never heal.  Too often we forget that these aren't just statistics on a page or a talking point to be trotted out at our leisure.  Sandra Bland had a family who loved her and will miss her more than any of us who only know her story 2nd hand.  I pray they have the financial means and the legal smarts to pressure this proven racist  of a sheriff to admit what happened in detail and hold those responsible accountable.  Especially because this isn't the first time someone has committed suicide in a Waller County jail cell.  The bottom line is the Waller County Sherriff's Dept., even at this early stage of the investigation, are either incompetent or complicit in Ms. Bland's death.  It's only a light wind right now, but if answers that make sense aren't forthcoming soon, this little rural town may soon have a Hurricane Sandy of its very own.

I'm Saying Her Name.  (#SayHerName). Stand with her family and say it with me.