THREAD: Meet Cash Spencer. Oregon juror. Only Black person other than defendant. Thought he was innocent. White jurors didn’t need her. Convicted him anyway. Oregon juries didn’t have to be unanimous. “It breaks my heart. The system is not built for me.”
Most think of the KKK in terms of physical violence. Lynchings. Intimidation. But they also used legal & legislative process to pass laws exacting legal violence. In Louisiana & Oregon they pushed laws to silence Black jurors. To convict who they wanted. "Non-unanimous juries."
Impact: Black people are already less likely to be selected to be on a jury. More likely to be accused of crime. Non-unanimous juries led to disproportionate convictions. *They would have never been convicted & sent to prison anywhere else in the country.* The KKK got their way.
The impact of non-unanimous Jim Crow juries wasn't only felt by those locked up bc of them. Non-white jurors were demoralized. Shut down. Attacked by their "peers." Shut up.
Cash Spencer: "With my voice being silenced by the system, I decided to use my voice in another way."
"I think people have this false sense that Oregon is pretty liberal, pretty diverse, pretty tolerant of diversity. The reality is I have family members that were not allowed to even live in the state. I'm a black woman who has to work just a little bit harder in order to fit in."
Cash Spencer (former juror): "If this whole non-unanimous jury thing was put on the books to silence the minority, then it worked exactly the way it was supposed to." Another non-white juror in another case:
"The prosecutor: he made his case. I think it was more circumstantial than anything else. As we continued to have these deliberations, everybody focused their attention on me as far as I was the bad person. 'Something must have happened!'"
It didnt matter. All it took in Oregon was 10 jurors voting to convict. "Myself & the lady who were still the 2. We just stared at each other. I put my head down. The foreman called the clerk back to let them know we had arrived at the guilty verdict. And that is how that ended."
In April 2020, the Supreme Court finally acknowledged what was long obvious: This racist law in Oregon allowing Black & Brown jurors to be silenced was unconstitutional. Even *Justice Kavanaugh* acknowledged how racist it was. The problem: The decision only applies going forward.
Ramos v. Louisiana was a great win. But it only applies to future cases. But what about all those convicted in the past?
Right now, they're out of luck. Hundreds still in prison in Oregon. Thousands since released are burdened by their unconstitutional conviction. Why on earth?
Oregon can fix this. Theres no reason why people should still be oppressed by a racist law the Supreme Court called unconstitutional. Oregon's AG Ellen Rosenblum called the law "an embarrassment to our progressive state." Shes the one who can do something. Instead she's fighting.
Ellen Rosenblum, Oregon's AG, could end the persisting injustice, she has acknowledged is racist, if she simply stopped blocking people from seeking a fair trial. That's all people want. If DAs have evidence to convict with a constitutional jury, they're free to retry the case.
Imagine having power to end the impact of a KKK-passed law that still imprisons hundreds. Oregon AG Ellen Rosenblum has power, but won't use it. Human Rights Watch (@hrw) just called her failure to act “inconsistent w/ international human rights standards." Just wow.
TAKE ACTION: Join Cash Spencer and thousands around the country calling on Ellen Rosenblum to end this racist injustice. Please sign this petition. act.colorofchange.org/sign/People_st…
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"The first breath that this baby had on this earth was one born out of violence."
A mom will get $750k after being shackled during labor. Yet:
-Taxpayers paid for this abuse. Not NYPD.
-It's not uncommon.
-NYPD patrol guide *still allows cops to do it.cnn.com/2021/04/21/us/…
The trauma of this brutality is incalculable: "That was not my birth plan. I felt like a failure to my unborn bc that wasn't something that was planned for neither of us. I just didn't feel like myself anymore after that. I feel like my memory got taken away & still I'm in pain."
Meanwhile, for the NYPD and NYC Administration, it's just another settlement.
"NYPD declined to comment on the settlement. The New York City Law Department did not respond to requests for comment."
For the officers responsible: they're likely still on force. No discipline.
NEWS: Accountability just nominated for a Webby Award!!
Last year, my org helped defenders, organizers, people caged, & artists, including Fiona Apple, amplify horrors of pretrial caging. Result: 100s new court watchers. Vote now to support transparency: wbby.co/soc-coactv
Defenders & organizers from PG County, MD reached out. With over 60 sworn declarations from courageous people inside of the COVID-infested jail. Knew we had to do something. GaspingForJustice.org is the product. To make it harder for people to ignore human suffering. Explore:
60+declarations like this. All submitted to a judge who called them "unhelpful." Potentially "isolated" incidents. Only "marginally relevant." Complained it hard to "cull the chaff from the wheat." Yet credited the jail.
Traditional legal advocacy wasn't going to work here.
Reminder: Mayor Lightfoot demeaned the "defund" movement as a "nice hashtag," fought bail reform, supported militarized responses to protests, & fought to block transparency & protect the most outrageous misconduct when cops raided a social workers home. She enabled this murder.
If history is any guide--and unfortunately it is--Mayor Lori Lightfoot will soon be slandering protestors as "looters" & defending her militarized police force as they beat, gas, & maim her residents. And then go on to support an increase in their budget for next year.
Last year, the Chicago Police Department’s budget totaled $1.68 billion, with $5 million spent on policing every day. chicago.suntimes.com/2020/6/8/21284…
What if Derrick Chauvin didnt asphyxiate George Floyd? Kim Potter didnt shoot Daunte Wright? They'd still be alive, of course. But George & Daunte would still have been subjected to normal, brutal systemic physical & emotional violence. Like tens of thousands nameless every day.
The epidemic of police *murders* (call it what it is) underscores the ultimate & inevitable result of hypermilitarized policing w/o accountability. The ultimate loss for George Floyd, Duante Wright, & 1000s other Black men & families. But there's so much more invisible violence.
Millions of people each year suffer violence short of death. Unnecessary interactions not just with the police, but the legal system that go unnoticed. Not talking about just physical violence -- although state violence short of murder is also an epidemic. Emotional violence.
"It’s easy to say you care about Black & Brown people. But when you have power to challenge systemic racism & you choose not to, that's scary."
Message to Oregon's Attorney General Ellen Rosenblum & other "progressive" leaders now calling for "justice:"
Weeks ago, Soledad O'Brien interviewed Terrence Hayes. Convicted by a non-unanimous jury. A practice enabled by Oregon's KKK to silence dissenting jurors & preserve white supremacy. Caged 13 years. His judge then is now the AG. With the power to topple this racist legal monument.
Ellen Rosenblum is now claiming falsely she doesn't have the power to act. "She said her hands were tied in the matter 16 years ago. It's no longer 16 years ago. They’re not tied today. She has ability and capacity to make a change and do something different." More:
Police must be stripped of their discretion to interact with people. Far too risky & deadly. One place to start: Traffic stops. "Reassign most traffic enforcement to separate traffic agencies independent from police departments." It's not hard to imagine. theappeal.org/traffic-enforc…
"Of all functions that could be separated from police, one of the most significant would be removal of traffic enforcement. Over 24 million people each year come into police contact during a traffic stop. Stops can be especially dangerous & discriminatory for people of color."
Black drivers are 20% more likely to be stopped than white drivers.
As much as twice as likely to be searched.
11% of all fatal shootings by police in 2015 occurred during traffic stops.
Sources: Stanford Open Policing Project + Washington Post.