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Anybody know what case this is?
Posted on 4/29/21 at 12:19 am
Posted on 4/29/21 at 12:19 am
Bari Weiss has a Substack article up asking people like John McWhorter what actual systemic racism is ( LINK - but you might have to be a subscriber to her columns)
One of the contributors - Lara Bazelon - posted the following answer:
It sounds like this dindu might actual not have done. Anyone?
One of the contributors - Lara Bazelon - posted the following answer:
quote:
Let me tell you about how the criminal justice system operates in the state of Louisiana. Forget the Fourteenth Amendment that guarantees everyone the right to due process and equal protection. In this state, a "habitual offender" law allows prosecutors to double the maximum sentence of anyone convicted of a felony if they have a prior felony on their record.
Leon Cannizzaro, who was the District Attorney of Orleans Parish from 2009-2020, invoked it more than 3,000 times, overwhelmingly against Black people, many of them teenagers. As the state’s sole Black justice explained dissenting from one of these decisions, the statute was a modern-day version of the “Pigs Laws” enacted during Reconstruction and “designed to re-enslave African Americans.”
That law re-enslaved my African-American client.
At the age of 19, he was subjected to a pretextual stop. He was wearing a gray hoodie and dark jeans, which to the arresting officers meant he “matched” the description of a suspect in an armed robbery, which had occurred nearby and nearly a full day earlier. The suspect was described as slim-built and dark-complected; my client, at 5’8,” weighed 185 lbs, and he was light-complected with a moustache and beard. None of that mattered. A white man had been robbed at gunpoint of $102 dollars and my client, when the arresting officer tackled him, had a gun.
The trial took less than one afternoon.
The victim was not hurt and the crime itself lasted less than two minutes. Nevertheless, the state invoked the habitual offender law. My client’s sole prior was a drug sales conviction at the age of 17. He was an honors student, a star athlete, a warm and generous person who had survived open heart surgery from cancer. Today, that case would be handled in juvenile court.
The judge gave him 60 years in prison with no possibility of parole.
At the prison, my client was sent out to work in the fields every day picking crops with the other able-bodied prisoners, nearly all of them Black. The guards who oversaw them on horseback formed a gun line. If anyone crossed the line, they got shot.
“Every day I was out there,” my client told me, “I would think about running the gun line before I let these people break me and just get it over with.”
My client was convicted in 2013. But it might as well have been 1813.
When the robbery occurred, my client was eight miles away. A witness would have said so. The hotel surveillance footage would have proved it, along with his cell phone records. In desperate calls from jail, my client pleaded with his lawyers to get this evidence. “It will clear me,” he said. The prosecutors listened to all of those calls—they knew and didn’t care. Neither did his lawyers. The jury never heard his alibi.
My client’s case is not an anomaly. Neither is the system in Louisiana. Our legal system is based on indifference and animus toward Black lives, fueled by cruelty so casual that it is depraved, and white supremacy so systemic that it is foundational.
It sounds like this dindu might actual not have done. Anyone?
Posted on 4/29/21 at 12:30 am to Big Scrub TX
quote:
overwhelmingly against Black people, many of them teenagers
Ummmmmm, maybe because they “overwhelming” commit most of the crime....
Posted on 4/29/21 at 12:36 am to Big Scrub TX
I swear they throw white supremacy around like it’s nothing. Pisses me off immensely.
And maybe the criminals should stop committing felonies, even moreso after already having committed a felony.
However, there are innocents that do get convicted, but its rarer than what this broad is making it out to be and it isnt race based.
And maybe the criminals should stop committing felonies, even moreso after already having committed a felony.
However, there are innocents that do get convicted, but its rarer than what this broad is making it out to be and it isnt race based.
Posted on 4/29/21 at 12:50 am to Big Scrub TX
From her opinion of the case it seems as though her "client" may not have had a fair trial.
I feel for this man if that is true. All evidence should be presented to convict "BEYOND A REASONABLE DOUBT". Any exculpatory evidence that shows he is innocent or not guilty should also be presented.
I would hope that he can get an appeal and have the exculpatory evidence presented.
eta: if it exists
But to be honest, she turned me off immediately when she started playing the racism card. I have a hard time feeling for anyone when they start crying racism as the root of the problem and not the actions that they committed.
I feel for this man if that is true. All evidence should be presented to convict "BEYOND A REASONABLE DOUBT". Any exculpatory evidence that shows he is innocent or not guilty should also be presented.
I would hope that he can get an appeal and have the exculpatory evidence presented.
eta: if it exists
But to be honest, she turned me off immediately when she started playing the racism card. I have a hard time feeling for anyone when they start crying racism as the root of the problem and not the actions that they committed.
This post was edited on 4/29/21 at 12:52 am
Posted on 4/29/21 at 4:01 am to Big Scrub TX
Believe it is Yutico Briley. He is free now. Article on nola.com
Posted on 4/29/21 at 4:28 am to Big Scrub TX
quote:Until lawyers, and specifically prosecutors, are held substantially culpable for this kind of bullshite, it will continue. The only thing having to do with race is the fact associated poverty and inability to mount a quality defense is higher amongst Blacks.
When the robbery occurred, my client was eight miles away. A witness would have said so. The hotel surveillance footage would have proved it, along with his cell phone records. In desperate calls from jail, my client pleaded with his lawyers to get this evidence. “It will clear me,” he said. The prosecutors listened to all of those calls—they knew and didn’t care. Neither did his lawyers.
With regard to "how the criminal justice system operates in the state of Louisiana," it is not a function of Louisiana. One need look no further than the George Tanios and Julian Khater case to recognize how broken the system is, across the country.
Posted on 4/29/21 at 4:34 am to Big Scrub TX
The State: the cause of, AND SOLUTION TO!!!, all our problems.
Posted on 4/29/21 at 5:14 am to Big Scrub TX
nola.com
It does seem the prosecution and judges were overzealous. Of course, a DA will rarely admit fault and will fight against appeals even when they know the case was flimsy, which is a problem. The main issue was the incompetence of his lawyers, though. They requested surveillance footage for the wrong time and didn't question the half-assed lineup where the victim identified him.
He did receive his due process; he just chose a terrible lawyer. The prosecutors took the case to court on flimsy evidence but didn't withhold anything. The defense lawyers never produced the exculpatory evidence.
As for the falsely accused, he would have had a better chance of fighting the charges if he wasn't carrying a weapon as a felon when he was arrested.
There is no evidence to support this being race related. If the actual robber was white, the prosecutors would have done the same thing to an innocent white person. Prosecutors tend to care more about their record and future job prospects than justice. They aren't actively seeking out innocent blacks to lock up. When more blacks commit crimes, more blacks are going to get a raw deal. No system will ever be perfect.
It does seem the prosecution and judges were overzealous. Of course, a DA will rarely admit fault and will fight against appeals even when they know the case was flimsy, which is a problem. The main issue was the incompetence of his lawyers, though. They requested surveillance footage for the wrong time and didn't question the half-assed lineup where the victim identified him.
He did receive his due process; he just chose a terrible lawyer. The prosecutors took the case to court on flimsy evidence but didn't withhold anything. The defense lawyers never produced the exculpatory evidence.
As for the falsely accused, he would have had a better chance of fighting the charges if he wasn't carrying a weapon as a felon when he was arrested.
There is no evidence to support this being race related. If the actual robber was white, the prosecutors would have done the same thing to an innocent white person. Prosecutors tend to care more about their record and future job prospects than justice. They aren't actively seeking out innocent blacks to lock up. When more blacks commit crimes, more blacks are going to get a raw deal. No system will ever be perfect.
Posted on 4/29/21 at 5:23 am to Big Scrub TX
The overwhelming systemic discrimination in the criminal justice system is rich vs. poor. That is a fact, race is irrelavant.
It shows in statistics as a racial issue because: 1) blacks commit many more crimes, by percentage; and 2) blacks are much more likely to be "poor," by percentage.
It shows in statistics as a racial issue because: 1) blacks commit many more crimes, by percentage; and 2) blacks are much more likely to be "poor," by percentage.
Posted on 4/29/21 at 5:33 am to Big Scrub TX
She should poke around Kamala’s cases and see if she finds similar examples.
Joe Biden’s legislation would also interest her.
She’s right systemic racism is rampant in Amerika.
Joe Biden’s legislation would also interest her.
She’s right systemic racism is rampant in Amerika.
Posted on 4/29/21 at 6:54 am to Big Scrub TX
quote:Ifnyoy believe the lawyer based only on what they say, then you are a fool.
It sounds like this dindu might actual not have done. Anyone
Despite those sentences, crime is still out of control in N.O. Seems more need to be sentenced like that.
Upon further reading, he was caught as a felon with a fire arm. The victim IDed him as one of the robbers. He then attempted to bribe the victim into changing his story. Ridiculous.
This post was edited on 4/29/21 at 7:05 am
Posted on 4/29/21 at 7:11 am to rsbd
quote:
maybe because they “overwhelming” commit most of the crime....
When blacks and libs start focusing on this, that's when I'll know they're serious.
Posted on 4/29/21 at 7:18 am to Big Scrub TX
quote:
The victim was not hurt and the crime itself lasted less than two minutes. Nevertheless, the state invoked the habitual offender law.
Statements like that immediately make me dismiss the rest of anything else the speaker has to say. Not saying the kid did it or he didn’t.
I get it’s $100 and nobody was hurt. But a life was threatened and somebody else’s property was taken by force. I definitely think that making a kid have a permanent record for the actions of a stupid teenager needs to be reevaluated, but it can’t have no consequences.
It’s picking a single line out of a potentially very valid article, but it poisons the whole argument to me.
Posted on 4/29/21 at 7:31 am to Big Scrub TX
Sounds like the meanderings of a judicial activist and probably embellished since she doesn't state the client's name to verify the case details. Even better is that her link about the use of habitual offender statutes in Louisiana states this:
So it sounds like an issue that has been addressed and not even close to a rampant as she alleges. Typical.
quote:
The New Orleans DA’s office once led the state in so-called “multiple bills.” A 2016 report by the Pew Charitable Trusts showed Cannizzaro’s office used the statute 154 times the previous year. The Jefferson Parish DA’s office was second in the state, with 116 habitual-offender charges, followed by the North Shore DA’s office — comprising St. Tammany and Washington Parishes — with 64. No other DA’s office came close to those three.
But data from the state Department of Corrections, obtained by The Lens, show that Cannizzaro’s office now lags behind other large jurisdictions in the state. Orleans prosecutors used the statute as a sentencing enhancement in just 63 felony convictions between Nov. 1, 2017 — when new state laws meant to scale back the state’s tough habitual offender statute went into effect — and Oct. 28, 2018, compared to 73 times in Jefferson Parish and 76 times on the North Shore. But Orleans Parish is still far ahead of similarly sized East Baton Rouge Parish, where the habitual offender law was used only once during the same period.
So it sounds like an issue that has been addressed and not even close to a rampant as she alleges. Typical.
This post was edited on 4/29/21 at 7:37 am
Posted on 4/29/21 at 7:35 am to NC_Tigah
quote:
Until lawyers, and specifically prosecutors, are held substantially culpable for this kind of bullshite, it will continue.
Posted on 4/29/21 at 10:49 am to Jake88
quote:That seems like a very uncharitable interpretation of what happened. Given he was innocent, he was desperate to get the eyewitness - who was either lying or mistaken - to simply say the truth.
He then attempted to bribe the victim into changing his story.
quote:I'm sure you know about the science of the reliability of eyewitnesses.
The victim IDed him as one of the robbers
Why is it you have nothing to say here about the misdeeds of LE? All of your venom appears reserved for someone who was wrongfully incarcerated.
Posted on 4/29/21 at 11:01 am to Big Scrub TX
Dindu what?
Have a prior felony?
Possess a gun after being a convicted felon?
The robbery?
Have a prior felony?
Possess a gun after being a convicted felon?
The robbery?
Posted on 4/29/21 at 11:03 am to roadGator
quote:You know - the thing that wrongfully sent him to prison for 50 years.
The robbery?
Posted on 4/29/21 at 11:06 am to Big Scrub TX
How do we know he dindu?
Have you seen the evidence?
If he dindu and his lawyers ignored the evidence I would think he have grounds for an appeal and even a case against his lawyers.
Where are we on all that?
I’m not saying he did do or dindu for the record but most people in prison say they dindu.
Have you seen the evidence?
If he dindu and his lawyers ignored the evidence I would think he have grounds for an appeal and even a case against his lawyers.
Where are we on all that?
I’m not saying he did do or dindu for the record but most people in prison say they dindu.
Posted on 4/29/21 at 11:07 am to Big Scrub TX
quote:
my client, when the arresting officer tackled him, had a gun
quote:Felony?
My client’s sole prior was a drug sales conviction at the age of 17.
He should have been charged with Felon in possession of a gun.
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