Just Noticing: Observations of a Blogger
Posted by Michelle Moquin on January 5th, 2014
Good morning!
Well…I slept in late and so needed to. How is everyone doing on this beautiful Sunday morning? By the time I post this it will be after noon. Oh well.
For a few days I posted the wonderful things that have happened in 2013. I like to notice the positive things because it means progress. Today...just noticing though…that there were some travesties in 2013 as well, (As if we didn’t notice!) that deserve some blog time too so that we can be more aware of what we need to do to make sure things like this don’t happen again.
Here’s the list from Think Progress. Some you may remember; some maybe not. All are travesties…Some are just more jaw-dropping and heart wrenching than others.
Ten Travesties Of Justice In 2013
Every year, stories emerge that serve as a reminder that the American system of justice means injustice for too many, with some receiving little or no punishment for egregious offenses, while others receive harsh or faulty punishment for much less. Here are some of the worst injustices of 2013:
1. An Alabama blogger is still sitting in a jail cell for exercising his First Amendment rights
Blogger Roger Shuler drew the ire of the powers that be when he continued to write about the alleged extramarital affair of a prominent lawyer rumored to be running for Congress. The lawyer and son of former Alabama governor Bob Riley, Robert Riley, Jr., won a temporary restraining order that prohibited Shuler from writing anything about Riley’s alleged extramarital affair and other related stories. The order itself was almost certainly a violation of First Amendment law. But Alabama officials took the dispute a step further when they pursued him for a traffic stop and arrested him for contempt. In spite of advocacy from the ACLU and others, Shuler has now been in a jail cell for two months for his journalism.
2. A teen spent three years in jail without a conviction or trial
Kalief Browder was a 16-year-old sophomore in high school walking home from a party in the Bronx when he was arrested on a tip that he robbed someone three weeks earlier. He was hauled off to Rikers Island, a prison known for punishing conditions and overuse of force, and was held because he couldn’t pay the $10,000 bail. Browder went to court on several occasions, but he was never scheduled for trial. After 33 months in jail, Browder said a judge offered freedom in exchange for a guilty plea, threatening that he could face 15 years in jail if convicted. He refused. Then one day, he was released with no explanation. While Browder was behind bars, he missed years of his childhood, and is now aiming to attain his GED. Browder spent a particularly long time behind bars before his trial, but the practice of holding those charged but not convicted who cannot afford bail for months is all-too-common. In fact, the U.S. Supreme Court dismissed the appeal last term of a Louisiana man who waited seven years behind bars without a trial because the state stalled in appointing him a lawyer.
3. A man who killed an escort for refusing sex was acquitted by a jury
On Christmas Eve, Ezekiel Gilbert hired escort Lenora Ivie Frago and gave her $150 as what he believed was a payment for sex. But when she didn’t deliver that, Gilbert shot her in the neck and she died several months later from critical injuries. A jury acquitted Gilbert after his lawyer argued that he was authorized to use deadly force under a Texas provision that goes even farther than Florida’s Stand Your Ground law in authorizing the use of deadly force to “retrieve stolen property at night.” As in any jury trial, we’ll never know if that’s the reasoning the jury accepted when it acquitted Gilbert. Regardless, he will not face any criminal penalty for the shooting.
4. A wealthy teen used the ‘Affluenza’ defense to skirt jail time for four deaths
After 16-year-old Ethan Couch took an intoxicated ride around town with his friends that ended with four deaths and several others critically injured, Couch pleaded guilty to intoxication homicide. But when his lawyer argued at trial that he was not capable of taking responsible for his own actions because of a condition known as “affluenza” that afflicts the very wealthy, the judge sentenced him to ten years’ probation in a plush Southern California rehabilitation facility, for which his parents would cover the $450,000 per year bill.
The travesty here is not that Couch was sentenced so lightly. He was a juvenile who, there is reason to believe, did not have good parental supervision and may be receptive to rehabilitation. What is alarming is that Couch was able to use his wealth to secure a lighter punishment for a crime that would have seen other Texas juveniles go to jail. Other juveniles sentenced by the same judge who presided over Couch’s case saw sentences of ten years for a single punch that killed a stranger and robberies at a Halloween party that led to one injury. And around the state, others sentenced for intoxicated manslaughter have seen sentences of 15 years and five years in prison.
5. A man whose testimony was beaten out of him spent 30 years in prison before he was released last month
More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.
But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse Just last month, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him. Even as the emergence of DNA evidence has exposed the frequency of wrongful convictions, justice comes slowly or not at all for those who have already been convicted, including those who sat on death row.
6. Top Enron fraudster will spend less time in prison than a father who sold his own pain pills
John Horner had no record of drug-dealing when he was sentenced to a 25-year mandatory minimum prison term for selling some of his own pain pills to an undercover informant who befriended him and told him he could not afford both his rent and his prescription medication. Horner, a fast-food restaurant worker and a father, had been prescribed the pain medication because of an injury in which he lost an eye, according to a BBC report. If, as expected, he serves all 25 years, Horner will be 72 when he is released, and he will have spent more time in prison than the former Enron CEO who was convicted in one of the largest corporate fraud schemes in modern history. While Jeffrey Skilling used his expensive legal claims as leverage to reach a deal to serve as little 14 years, Horner is one of thousands of drug offenders serving draconian mandatory minimum sentences that far exceed this. There are now more than 3,000 inmatesserving life without parole sentences for nonviolent offenses, mostly drugs.
7. College quarterback escapes any charges in rape case
In November 2012, a female student at Florida State University accused FSU quarterback Jameis Winston of sexual assault. Instead of taking the case seriously, however, Tallahasee police conducted a flawed and mismanaged investigation, even warning the victim’s attorney that “that Tallahassee was a big football town and the victim needs to think long and hard before proceeding against (Winston).” The state attorney’s office then conducted an investigation that centered more on the victim than on the suspect, according to the victim’s attorney, resulting in a “complete failure of a rape investigation.” The state ultimately decided not to bring charges against Winston, and we’ll never know for sure whether he’s innocent or guilty because no one took the case seriously enough to find out.
8. A black man remains on death row after testimony that blacks are more dangerous
Duane Buck is sitting on death row for a sentence that came after a psychologist testified that blacks are more likely to commit crimes. In 2000, when the psychologist’s comments were first reported, then-Texas Attorney General John Cornyn declared that the state would not stand in the way of a new sentencing. But while Duane Buck has since averted execution, Texas courts have denied several motions to reconsider his case, and an appeals court ruled once again in November that he could not be resentenced.
9. George Zimmerman acquitted
Few injustices garnered as much attention and outrage as the public trial and acquittal of George Zimmerman for shooting to death 17-year-old Trayvon Martin. It was as much an outrage for the outcome as for the tragedy it represents: The shooting of a young black unarmed teen, and an American legal system and culture that supports it. While Zimmerman ultimately opted not to seek immunity from trial under Florida’s Stand Your Ground law, it nonetheless played a crucial role at several stages of the case: First, in prosecutors’ decision to delay charging Zimmerman, and later, as a key element of the instructions jurors relied on in making their decisions. Several jurors who spoke about their deliberations to the media described how those jury instructions shaped their decision-making.
Zimmerman has since been accused of domestic violence in several incidents involving guns. But each time, the victims later retracted their stories. And with no adjudication against him, there is nothing stopping Zimmerman from carrying his guns.
10. Shooters around the country granted immunity for causing death
A South Carolina man who shot and killed an innocent 17-year-old sitting in his car across the street. An Alabama woman who shot her ex-boyfriend’s step-son as he walked up her driveway. A Florida man who killed an acquaintance after he threatened to beat him up. Each of these defendants was granted immunity under the state Stand Your Ground laws that gained notoriety after the death of Trayvon Martin, while others like Marissa Alexander were serving 20 years in prison for firing a warning shot in self-defense (before a judge released her pending a new trial.) Yet even in Florida, the legislature has continued to reject any moves to roll back the law, and is instead advancing a bill to expand it.
*****
Sigh…and quite a few are cases of just-us justice.
Howie: Thanks for answering my question. That makes perfect sense. I have something else I want to ask you but it is late. I will bring it up later on.
Happy Sunday everyone!
Peace out.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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January 5th, 2014 at 2:01 pm
Michelle, Thank You for Being You.
I am glad to see that you understand my misunderstanding yesterdays Post and no one is worse for the wear. It was a pleasure speaking to you.
I am not “Snippy” as accused by some. It was a genuine misunderstanding that could happen to anyone. Michelle, you straightened it all out for me and had the tolerance to listen to me and my misunderstanding without pointing any fingers at me for not getting it.
For this and many other things, I thank you Michelle.
(with the-capital-letters for TOTFC)
I still am just a Human.
HOWIE
January 6th, 2014 at 5:50 am
Howie, you are a gentleman.
January 6th, 2014 at 6:24 am
Howie, I couldn’t get in the last two days so I am at work taking my 9:30 break early. We have been laughing at your reference to TOTFC and making up titles to fit his/hers initials.
A colleague won with T.oo O.ld T.o F.ucking C.are.
Hope this gives you a smile.
January 6th, 2014 at 6:31 am
Michelle, I loved you comment “Rita Mae: Can you be a little but more imaginative with your nom de plume.”
I’m white but when I saw the made up name, I knew it was one of those signals that some of my race use to alert us that they are having fun at the expense of the race they are making fun of.
It is a pathetic attempt at dishonesty in the worst way.
January 6th, 2014 at 7:37 am
Michelle, you are so astute and you have a heart. I know the gentleman that was imprisoned for 30 years by a bunch of racist white cops. http://goodmenproject.com/good-feed-blog/kt-after-30-years-in-prison-judge-releases-inmate-whose-testimony-as-beaten-out-of-him/
It is so sick how white america generally looks the other way while their evil racist brethren breathe down out necks with hate.
January 6th, 2014 at 7:41 am
Thanks Michelle for this article. Mr. George Allen Jr. did not deserve what those cops did to him. They knew that he was innocent when they sent him up. My friends know some of them. She says they sat around bragging how they cleared another one up with a nigger that if he didn’t do it he did something.
January 6th, 2014 at 7:43 am
To me that acquittal of Zimmerman was the bell telling whites to shoot to kill OTWs. I hope we OTWs hear it as a bell to shoot a few white bigots that get in our faces.
January 6th, 2014 at 7:44 am
Men have been getting away with rape forever. But some of the incidences last year made me want to puke.
January 6th, 2014 at 7:46 am
Ernie#6, You couldn’t be more right. http://blog.kcticketguy.com/2012/11/man-spends-30-years-in-prison-for.html
January 6th, 2014 at 7:54 am
Ernie, the cops name was Burge and he got just 4 years for his decade of sending innocent men to prison for decades. http://goodmenproject.com/good-feed-blog/kt-after-30-years-in-prison-judge-releases-inmate-whose-testimony-as-beaten-out-of-him/
January 6th, 2014 at 8:03 am
Michelle, I remember that quarterback case in Montana. I went to the trial and read a lot of comments in the paper and emails that were against her because she didn’t report it right away.
Just because she waited to report him doesn’t mean she wasn’t raped. She was probably confused because they had been kissing and then when he raped her so she had a hard time believing what had happened and wondered if it was her fault.
Acquaintance rape is a huge problem, especially on college campuses. And people who judged her so harshly, shouldn’t say things like “if you were truly a victim”-
There is no cut and dry behavior on how a victim will or won’t handle a rape or attempted rape. Why don’t you read “I Never Called It Rape” and then form an opinion.
January 6th, 2014 at 8:11 am
All 10 are horrifying though each exemplifies the larger issue, the entitlement of young white affluenza is sickening and plays into the rape culture entitlement mindset (there’s no punishment to the perp and plenty of shaming/blaming of the victims).
The man on death row and the one released after 30 years makes me ill, but it’s just-us justice for you.
Trish, #42 if I said something like your paragraph 2 the peeps here would be up in my grill. Terrorists (the menfolk) just need more kitty kitty?
Lets face it though, sexuality is right there hovering under everyone’s ‘daily life’ surface and visuals and fantasy flights are what makes humans feel alive. If it weren’t for society shaming and blaming women for their menfolks own inability to channel their sexuality we could all be quite happy. The narrative of he’s mine or she’s mine until they dare to think let alone touch let alone possible feel for another is just such made up crap. Men are in denial that their dear kitty kitty’s could actually live without them just fine or partake lovingly with another and still feel for them, (as if only testosterone craves variety of personality/sex and the story that goes w the side laiasons, I still think of Glenn who regularly cheats on his wife and would divorce her in a minute if she did the same). Men often require total loyalty while they themselves offer very little of it themselves.
* And menfolk acting misogynistic bc they’re not getting enough kitty kitty is a real stretch…
beautiful vaj like building though ; )
Luv, Zen Lill
January 6th, 2014 at 8:15 am
Howie,
Your such a lovely sensitive person, when anyone here sets about giving you grief it just brings out the sisterly swing (I’m not violent but I just want to bitch slap them in that moment) bc you bring so much to this blog ‘party’ and in the written word things can sound one way when they’re meant another. I knew what you meant. Please know that I’m totally stoking that you’re back, luv your presence with or without alien tales though they are fantastical.
Luv, Zen Lill
January 6th, 2014 at 8:18 am
I’m a woman on campus and I can tell you that a lot of date rapes occur. The situation will continue until women stop waiting for weeks or months before they file their claims.
The guy, Jordon Johnson was acquitted mainly because of the time the victim waited to report it. http://espn.go.com/college-football/story/_/id/9006061/former-montana-grizzlies-quarterback-jordan-johnson-acquitted-rape
The University of Montana has a history of looking the other way when rape charges are alleged against males whether they are on a sports team or otherwise.
January 6th, 2014 at 8:29 am
Maybe Zen Lill#12 on your comment to Trish#42. But then you are a more high profile here than she is.
January 6th, 2014 at 8:36 am
Emily, that made me sad to read bc the reason for the delay is trauma, and the further trauma of being blamed and shamed. Ugh.
Ursula, you are too right.
- ZL
January 6th, 2014 at 8:38 am
Zen Lill#12 excellent post. Men need to learn that what is good for the gander is certainly as good for the Goose.
I think part of the conflict is that most women require a bit more intimacy before the spread their legs than a man who is benefitting from that spreading. Men will fuck anything and just move on.
Very few women could do that, and even fewer on a regular basis. Most women need to feel that when they give themselves to a man there is more to it than a spastic bit of pleasure.
Yes, we like men, need to have that spastic pleasure called orgasm just as often, it’s just that ours come with a lot more emotional and thoughtful content than men.
January 6th, 2014 at 8:40 am
Zen lill#12, I would let a few disgruntles stop me if I had your gift for comment.
January 6th, 2014 at 8:44 am
Zen Lill#12, your explanation of “society” blaming women for the male’s inability to channel his sexual desires is not quite accurate. It is the MEN who blame women and institute an air of “society” blaming women.
January 6th, 2014 at 8:45 am
Ditto Zen Lill#13.
January 6th, 2014 at 8:49 am
Your body needs salt to be healthy.
But not just any salt….
Unfortunately, the mainstream food industry has stripped salt of most of its essential elements, and filled it with dangerous fillers.
According to the FDA, these chemicals – like ammonium and aluminum! – can be up to 2% of the salt you buy in the stores.
January 6th, 2014 at 8:56 am
The New Gene Medicine
“Precision medicine” helps doctors pinpoint the best drugs and treatments for you.
If you’ve ever left your doctor’s office feeling more like a number than a person, that’s no surprise. Much of what happens in your doctor’s office is based on averages. If you need medication, you’ll be given a drug that works for many people but might or might not work for you.
Your doctor can speculate about diseases that you might get—or how a current disease will affect you or respond to treatment—but he/she doesn’t know for sure.
What’s new:
In the 10 years since the Human Genome Project was completed (sequencing revealed an estimated 3 billion pairs of DNA molecules in a person’s genome), doctors have begun to tailor medical treatments to each person’s unique molecular and genetic profile.
Precision medicine (also known as “personalized medicine,” a term that includes such factors as lifestyle and personal values) uses genetics to take some of the guesswork out of diagnosing, treating and preventing diseases.
To learn more about this exciting new field, Bottom Line/Health spoke with Geoffrey S. Ginsburg, MD, PhD, one of the country’s top experts in gene-based medicine.
Hasn’t genetic testing been used for a long time? We have a lot of experience in diagnosing and treating relatively straightforward genetic diseases, such as sickle-cell anemia and muscular dystrophy.
It’s only in recent years, however, that we’ve learned that diseases that were previously linked largely to environmental and lifestyle factors also have a strong genetic component.
For example, there are several genes that regulate (encode) the cell receptors for nicotine. A smoker may be more likely to get lung cancer if he has an underlying genetic propensity to the disease.
In people with type 2 diabetes, between 40 and 50 genetic mutations have been identified. This means that even if you have normal blood sugar and no other signs of disease, the presence of these mutations indicates that you have a high future risk—and will want to be particularly careful about following steps to mitigate this risk, such as watching your weight and eating a nutritious diet.
Do genetic tests tell people what diseases they are going to get? Not necessarily. But the tests can indicate, in part, the magnitude of your risk for certain diseases, ranging from heart disease and epilepsy to various cancers.
Ovarian cancer is a good example. It affects only about 1.4% of American women overall, but up to 39% of those with a mutation in the gene known as BRCA1 develop this cancer.
A mutation in this gene also increases risk for breast cancer in women, prostate cancer in men and pancreatic cancer in both sexes.
If genetic tests indicate a mutation in either the BRCA1 or BRCA2 gene, more frequent screening tests, beginning at an earlier age than usual or even prophylactic removal of the ovaries and breasts in some women, may be recommended.
If a person has already been diagnosed with, say, cancer, is genetic testing still advised? The tests are not only used to identify specific types of cancer but also to customize the treatments.
For example, many breast cancer patients have genes that overexpress (produce too much of) the HER2 protein. These patients do not respond well to standard chemotherapy but can be effectively treated with a drug called trastuzumab (Herceptin).
About 50% of melanoma patients have a mutation in the BRAF gene, which controls cell growth. A chemotherapy drug called vemurafenib (Zelboraf) works only in patients with this mutation.
Is genetic testing being used for other medications? Yes. Let’s say that you need medication to prevent blood clots after a heart attack. Warfarin (Coumadin) is effective but difficult to use.
A dose that’s too high can cause excessive bleeding, while a too-low dose could allow clots to form. The only way to get the right dose is with trial and error—and the risks can be high. With genetic testing, your doctor is more likely to start you with the correct dose.
Statins are another example. Many people who need a statin to lower their cholesterol levels quit taking it because of muscle pain, a relatively common side effect. We have identified two genetic variants that have been linked to myopathy (muscle pain). A patient with one of these variants might be prescribed a lower dose or switched to a statin, such as pravastatin (Pravachol), that’s less likely to cause myopathy.
To see if such testing is available for a drug you’re taking, go to http://www.FDA.gov/drugs/scienceresearch/researchareas. Click on “Genomics,” then “Table of Pharmacogenomic Biomarkers in Drug Labels.”
Can individuals order their own genetic tests? Yes—but ask yourself what you’ll do with the information. Some internet companies offer genetic tests directly to consumers.
You can order tests to assess your risk for rheumatoid arthritis, Alzheimer’s disease, prostate cancer and many other diseases. You take a saliva sample, return it to the company and get your results in several weeks.
The genetic test itself is fairly accurate, but the interpretation of the results may vary. In general, a particular mutation will probably be found if you have it, but what it means to your health is still a work in progress.
The downside is that the tests don’t address such issues as your medical history and lifestyle. Then there’s the emotional side: You might learn that you’re at risk for a serious disease—one that you can’t do anything to prevent.
The tests also can be expensive, typically ranging from $99 to more than $1,000. (The self-tests usually are not covered by insurance, while certain genetic tests ordered by your doctor typically are.)
In general, it’s a good idea to ask your doctor if you would benefit from genetic testing. If your doctor isn’t sure, consider consulting a physician at an academic medical center, where you’re more likely to find experts in this area, or a genetics counselor. The National Society of Genetic Counselors, NSGC.org, can refer you to someone in your area.
Source: Geoffrey S. Ginsburg, MD, PhD, a professor of medicine and pathology at Duke University Medical Center, director of genomic medicine at the Duke Institute for Genome Sciences & Policy and executive director of the Center for Personalized Medicine in the Duke University Health System, all in Durham, North Carolina.
January 6th, 2014 at 9:20 am
Katrina, read again I didn’t say goose gander without feeling, but I’ve been misunderstood before, all good.
Kadijah, I stand corrected and society is dictated by men from religion to war so yes I agree and please forgive my blurred line.
-ZL