05/30/2020
Dear Atlanta and cities across the country:
Can we stop focusing energy on condemning the looters? I want to.
I cried as I watched the CBS local news this morning. A neighbor who shouted hi from her porch on my walk had also cried. She was taking a break from the news because she couldn't take it anymore. She is African American.
We shared what we have in common. Crying, praying. Listing more that we have in common.
What can I do to help be part of the solution? That's a real question.
I bet that if we polled the protesters in Atlanta and elsewhere, most of them would condemn the looting. Just because some looted, does that mean we shouldn't think about the problems that led to the protests that got out of hand? Besides, their mamas might already be mad at them. Or they might feel guilty themselves.
A time I helped fire a law enforcement officer
I started my legal career as an employment lawyer in law enforcement. I worked in-house for the Georgia Department of Corrections. That meant that I investigated and fired the bad prison guards and probation officers. And I told wardens who not to fire -- yet. We fired the ones who used excessive force; the ones two engaged in sexual harassment and sexual abuse (sadly) of prisoners and co-workers. We definitely fired the one who couldn’t ever manage to count the inmates correctly. I digress.
Back then, I worked for great leaders. Two attorneys who had been excellent litigators and trained up through the Attorney General's office. The Commissioner, affectionately called Chief, chose to do the right thing for the right reasons.
I remember a time that I wanted to recommend firing a prison guard for beating up a prisoner. The thing is I couldn't prove everything I needed for an excessive use of force. But my gut told me that with his history of complaints (the guard not the prisoner) and his uncanny ability to always be just outside the area where there would be witnesses, told me this wasn't the kind of guard we wanted in the system.
My direct supervisor encouraged me to explain that to the Commissioner. He thought the Chief would take my recommendation to terminate the officer, even though he was still "classified” and entitled to a due process hearing if you wanted one.
The Commissioner accepted my recommendation to terminate the officer. No hearing was ever requested. I have no idea what the officer did next. It’s possible he went on to work in a different capacity in law enforcement. Maybe he didn’t.
The Commissioner took the same stance with potential sexual harassers. If they didn’t commit full-blown harassment, but violated of the standards of conduct and admitted to unprofessional behavior: Discipline. Not always termination on the first offense. But the Department did not take the position that borderline behavior had to be covered up or dismissed as less than actionable sexual harassment in the 11th Circuit Court of Appeals. (If you don't know, that's a pretty high standard of severe and pervasive sexual conduct in the workplace.)
Why talk about this now?
IMHO, we need more leaders to discuss and educate the public on the complexities of charging police officers with crimes, or excessive use of force, committed in the line of duty. Police officers are hired to make split second decisions that can result in the death of a citizen. That’s why charges are slow to come; convictions are even harder. There is simply a different standard. And it has to be that way.
But, and I’m firm on this, our current situation is unacceptable. Period. Americans with black and brown skin deserve better. All Americans deserve better. I am praying it gets better and considering what actions I should take to help effect change.
The Section 1985 civil rights course I took (so I could one day teach it myself) at the Georgia Public Safety Training Center down in Forsyth was full of shades of gray. It's complicated, and the room was full of officers trying to get it right. Learn the line they couldn’t cross and lose their job, or get charged with a crime. I also heard many stories from my bosses about trying to determine if a use-of-force was justified or not.
The George Floyd video is horrible. Gut wrenching, and I haven’t even watched it in real time. Yes, it took four days to charge him. Many (including the mayor) were calling for criminal charges earlier. But what happens if a jury finds him not guilty? Some people are complaining that it’s only a third-degree murder charge. Many are complaining now that the other other weren’t charged.
I urge you to consider that the third-degree murder charge was a strategic choice. Isn't it possible that the conduct on the tape fits the legal definition of that crime the best? Maybe many decision viewed the tape, IA interviews, police reports and supplements we haven’t seen, and concluded (after days of debate) that a conviction is most likely on a third-degree murder charge.
Did anyone notice that no one in Minnesota said they had to go to a grand jury first? Nope. Charged and arrested on day four. Wouldn’t that have been an improvement after the Ahmad Abrey tragic slaying?
I'm glad there was a 3rd degree murder charge. Until proven otherwise, I’ll believe they made the right decision. Will any of the other officers be charged? I don't know. Is it not enough that they all lost their jobs? Maybe, maybe not. Honestly, I haven’t studied this situation enough. We don’t know the past relationships between those officers.
Were they scared of retaliation by an out-of-control officer who had never been disciplined in the past? Maybe not. They may be guilty of something criminal. I believe it will help get convictions on the 3rd degree murder charge if all 4 of them don’t have to lawyer up at the same time. What if just one of them legit shouldn’t be charged, and then does the right thing and testifies truthfully. I know. Awfully Pollyanna of me A girl can hope.
What can I do to make this better? What can we do to help?
Besides praying, and crying, I think we focus on what we have in common. 99% believe the killing of George Floyd was wrong; a smaller percentage believe it was right to charge him. I hope the officer is found guilty. I also haven’t read the law; nor do i know who will be on the jury; how safe the jury will feel voting for whatever they believe the truth is in their hearts, after hearing all the evidence. I also don’t know how skilled the defense attorneys and prosecutors will be. Will he “get off” and get away with it? No idea.
We agree the excessive use of force resulting in the death of unarmed black men, children and veterans needs to stop. But how? Maybe the police need to stop policing themselves. More prosecutors need to press charges more often; and all Americans need to, and should be able to, trust the system. Even trusting it 50% more than we do now would be an improvement.
Back to looting. Most agree the looting and burning is wrong; I do (leaving aside the mere burning of flags the protesters bring with them). It has to be reported. It has to be seen. I’m proud of the Atlanta mayor for trying to stop it, and the Rev. Bernice King for speaking more deeply about her father, the Dr. Martin Luther King Jr., and the intent behind certain words she feels are being used without remembering what he said in the next breath.
Mayor Lance Bottoms what would you have done if you had been the mayor of Minneapolis? I hope you would have prayerfully addressed the public. I hope you would have had someone explain how complicated criminal charges are and why. Give us deadline of when we can expect an answer. Then hopefully be able to stand with the decision on the prosecutors. Again, Pollyanna, I know.
What can I do, post, pray, speak to neighbors? Does every little bit help? I believe so. I also believe the only way to effect change in the status quo is to speak boldly, in the forum we have (however small or large). But if we only focus on differences and divisions and fight over smaller details and such, the bigger problem gets buried, until it happens again.
George Floyd shouldn’t have died the way he did, or even have died that day. Criminal conviction for all four officers won’t bring him back. BUT we have to start seeing criminal charges AND convictions, if the protests are going to get smaller and not larger.
I believe this is mostly a good world with good people in it.
Most police officers want to do the right thing, for the right reasons. Also, there is still racism. There's unconscious bias.
Excessive, racially motivated uses of force happen. Excessive uses of force also happen without race being a factor at all.
Having a president who refuses to condemn racist behavior, and refers to those perpetrating race-based violence as good people or fine folks or whatever he said (in the past) makes all of this worse. It fuels the desire to protest.
Therefore, we all have to be more self-aware and self-reflective in our actions; myself included. I want to choose my words wisely. Be slow to condemn and quick to try to understand. Look for common ground and focus there. Let others worry about . . . .
I do want to hear your reaction or suggestions. What can we do better at citizens, regardless of the color of our skin? How can the community keep the protest in McDonough, Ga. on Monday from resulting in property damage or worse?
What needs to be said or done, and by whom, for the results of this current tragedy to be an improvement of the status quo? Thank you for reading my thoughts today, especially if you’ve made it this far. Comment, message me, or pray with me. Agree or disagree. Change my mind, or gently guide me in a more correct direction.
PS - If you just want to condemn the looting, or defend the president's racially charged remarks, I urge you to go elsewhere. After all, when I posted a video on the Harvey Weinstein situation a few years ago, in the midst of supportive comments, at least one man revealed his bias to the point that it could have been used against him in a court of law, if you know what I mean.
