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The Silence Worse Then Katrina PDF Print E-mail
by Rufus Shaw    Fri, Jul 27, 2007, 10:56 AM

On July 24th in a New Orleans court room, a white police officer was found not guilty of beating an unarmed Black man.  Unfortunately, that in itself is probably not surprising to some Americans.  But what should come as a shock to Americans of all colors is that this particular beating was caught on tape and shown around the world. The tape was graphically violent and the nation’s outrage was well chronicled.  So, why is it that the “not guilty” verdict has been met with universal silence from the media and the politicians who usually live for this opportunity?

On October 8, 2005, on the world famous Bourbon Street, a 64 year old Black man was brutally beaten by three (3) New Orleans police officers and two (2) FBI agents.  The law enforcement officials claimed they were trying to arrest the tourist.  The beating was caught on tape. The tape left little doubt that the officers used excessive force to subdue a man of average size and advanced age.  Yet, a New Orleans judge, after reviewing the tape, miraculously ruled that he did not feel that the officer broke the law.  The judge based his not guilty verdict on the same tape we all saw. I am not going to attempt to understand what this judge saw to make him render such a verdict.  What surprises me is the tepid response from the mass media and especially the Democratic presidential candidates.

Nothing is more volatile in this country’s racial history then a police beating of an innocent Black citizen. It wasn’t that long ago that Los Angeles erupted into race riots because Rodney King’s beating by Los Angeles law enforcement officials was caught on tape and yet the officers were all found not guilty by a jury. I think it is fair to say that usually, police beatings of Black citizens when caught on a tape that is widely seen will produce heightened interest in the offending officer’s trial.  That is not the case here which is even more surprising when you consider that New Orleans, because of Hurricane Katrina, has become somewhat of a media center with news organizations such as the vaunted New York Times now having news bureaus in the Crescent City. With that amount of news firepower and a story that had already captured national media attention coming to a close, what happened to the media coverage on this highly controversial courtroom drama?

New Orleans has long been a city perceived as corrupt to the point of being considered by some to be “Third Worldish.” So, maybe to play down this image, those who seek to rebuild New Orleans do not want to bring attention to this verdict.  Of course, the Mayor could be concerned that a guilty verdict against an already much criticized New Orleans police department might further erode confidence in the city’s ability to protect its citizens. However, this not guilty verdict came at the hands of a judge, not a jury.  I would think that would cast doubts about the city’s criminal justice system.

Police brutality, a questionable criminal justice system, a racial beating, and media silence regarding the whole matter have combined to damage the image of New Orleans as thoroughly as Hurricane Katrina damaged the city’s physical structure.  Does this mean that Americans, because of the threat of terrorism are less inclined to question the actions of law enforcement officials? Have we grown so tired of feeling sorry for New Orleans and its citizens that we no longer care if a grave miscarriage of justice occurs right before our eyes? And what about all of those Black civil rights leaders and white politicians who have been trekking to New Orleans for every possible photo opportunity? Where is the outrage or even a response from them?  And has just about every Black minister with a travel budget been at some pray vigil in New Orleans since Katrina landed? Where is the pray vigil for this city’s criminal justice system? Where is the pray vigil for the Black folks who come before it?  Are we not concerned when this judge haughtily declared that his not guilty verdict was not even a hard decision? Shouldn’t all Americans be outraged when we saw the same tape?  Or, God forbid, maybe we just don’t care about this kind of thing any more.  At least that is how I see it from South of the Trinity.

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Comments (7)add comment
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written by randye , July 27, 2007

Joseph Bruno, the attorney for Davis, said his client does not believe the assault was racially motivated.

"I know there is a big temptation to go there, but my client firmly believes that is not what is involved here," Bruno said in an interview.

Instead, Bruno said, Davis believes he was assaulted by "a couple of rotten apples that need to be dealt with."

CNN



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written by Caroline Walker , July 27, 2007

I think we need to tap the brakes here. There are different accounts of what happened that night. The judge apparently felt that the version offered by the accused officer, Evangelist, was more in keeping with what's actually pictured on the videotape: it took four officers five minutes to cuff this guy. You had the two NOPD officers, Schilling and Evangelist, who were the beat cops who tried to take Davis aside for intoxication. Then he resisted, apparently fiercely. Two other officers -- FBI agents -- happened to be nearby and came to their aid. No racial conspiracy, no premeditated punching party. The two FBI agents were never charged -- in fact they were cleared in an internal investigation. Officers Schiller and Evangelist, however, were fired. Schiller committed suicide in June. Evangelist's career is over, despite his not guilty verdict. It was Evangelist who opted not to have a jury trial. Judge Frank Marullo sided with the defense -- saying the video "did not show the brutal beating decried by prosecutors but instead that Davis was resisting the officers' attempts to handcuff him."
"I don't even find it was a close call," Marullo said. "I saw five minutes of struggling to put on the cuffs."
An expert called by the defense said, after viewing the tape, that he felt the officer "had sufficient cause to escalate more quickly than he did...Officers Evangelist and Schilling used a tremendous amount of restraint."
No question it was a horrible incident. Davis broke his nose, among other injuries. He also would not submit to being patted down. I would hope we'd use more caution before presuming the response was racially motivated.
Here's a link to the article: www.nola.com/timespic/stories/...xml&coll=1
In today's Times Picayune, for example, comes news that charges have been dropped against the man accused of robbing and shooting rock n roll legend Ray Davies in 2004. (Ray Davies of The Kinks.) Apparently, the DA's office only gave Davies 3 days notice that he had to appear in court to testify: Davies lives in London. Is that justice? Incompetence, perhaps. Is it any wonder Orleans Parish is finding it hard to recruit officers?



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written by Dallas Perfect Voter , July 28, 2007

The NO police department has a large percentage of black officers. The French Quarter is full of drunken and crazy people and those officers who work the beat there are assaulted regularly, and deal with their own fair share of abuse. Every police force has rotten apples, and there is NEVER any excuse for police brutality at all. It's indeed a tragedy in this case you had one suicide and another destroyed officer, so the Court of public opinion and peer pressure seemed a worse fate than the judicial system. Judge Marullo is known to be a fair Judge. It is also interesting to note that the DA (who is Black) ended up in Federal court for hiring all Black (and firing all White) lawyers. The big question here is what's Mayor Nagin's position on the recent verdict?


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written by DallasBlackBlog.com , July 28, 2007

To those who refuse to believe this story captured on videotape for all to see.

The 64 year old retired teacher was beaten beyond any reasonable cause or justification.

A black victim called white New Orleans police officers "ignorant, unprofessional and rude." They beat him to the ground.

Davis did not 'break his nose, among other injuries.' The police broke his nose and fractured his eye. And the prosecutors believed him.

You forgot to mention the two white eyewitnesses who testified for the black victim. Guess their eyes were lying.
They recalled seeing the officers repeatedly punching Davis in the body and face.

They saw the victim "knocked to the ground" and an officer kick him in the back of the head.

A female witness testified she saw several officers punching him repeatedly
against the wall. "I went up to them and yelled at them to stop."

This was a miscarriage of justice and an outrage.

Police officers are not exempt from restraint just because some are ready and willing to turn a blind eye to what their mistaken eyes must clearly be showing - the indefensible face of pure unadulterated police brutality caught on video tape.

How many excuses for this kind of rank police abuse would you provide if you or your relative had been the victim?

Are you aware of Texas Penal Code
§9.31. Self-defense - where it states in
Subsection (c);

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

Perhaps elected representatives of the past knew that there had been,and would be abuses of police authority when they wrote Section 9.31 of the Texas Penal Code.

This means there is a limited right to resist an officer's unlawful use of force.

It is certainly not advisable for a black victim of brutality to assert this right since the threat of deadly force is always present.

Here is a link to a different case of a Anglo man who beat two deputies with their own Taser gun he took from them because the officers were illegally abusing his wife at his own Florida home. The Florida Judge released him stating he had 'a right to resist.'

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070314/NEWS/703140547



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written by HSH , July 29, 2007

Sad. Tragic. Disgraceful.

Some lessons are never learned.



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written by randye , July 29, 2007

I don't doubt the possibility that this is an outrage and miscarriage of justice. It just seems to me that Mr. Shaw's questions about "where is..." should start with Mayor Nagin and the Black Superintendent of Police. And maybe in this case it is time to stop feeling so sorry for the people of New Orleans that we infantilize them as permanent victims rather than giving them the dignity of the chance to handle this themselves.




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written by Jonathan Green , July 30, 2007

To Caroline Walker;
albeit you did your research by providing well documented fact to the readers. However, as I read your comments my mindset was wondering exactly who's facts you quote are crediable facts. You see, what was viewed on that tape was a beating, a beating a Black Man who prehaps was provoked with threats, leading this gentleman to fear for his life. Carolyn, I was also wondering to myself, if you are Black and have had the vicarious experience to see first hand how just being Black you can be racially profiled and provoked into a similar type experience just being Black. America saw the facts, however one Public Official based on his decision on factors I personally believe were designed to protect the fragile image of New Orleans. In addition, I never saw this gentleman fight back, resist, shout obscenties to the officers, honestly pose such a threat to cause such a beating. Howver, in agreeing with Mr. Shaw, Politician opted not to touch this primarily to protect the fragile image of New Orleans. As disgraceful as this verdict was, its the Judge that now needs to be singled out.




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