Kill the “Slut”

While on Twitter yesterday, I noticed a tweet by a Soror of mine that I follow.

It said “Teen sluts on tyra #priceless”… followed by another tweet saying  ”Girl says she’s been trickin since 14 she been  raped But she’s proud of it #priceless”…  And that is exactly what I was waiting for. The incidence of abuse. I knew there simply had to be some incident of abuse.

Anyone willing to get on national television to speak on their sexual exploits is either a survivor, or a victim. Don’t be fooled – whenever you find yourself ready to call a girl a dumb slut, think of how we as Americans have already sexualized our youth to groom them into “sluts”. Think about how we have likely silenced whatever voice this victim might have had by our decision to call her a slut.  Before we wonder why young women aren’t exercising more caution in their behavior, let us ask ourselves “who is left to raise them?” When girls get raped at supervised school activities on school grounds, who are we to blame but ourselves when their peers stand by and watch? What do we, as a community, expect to come of the victims if we don’t fight to turn them into survivors?

While discussing the 2 1/2 hour gang rape with one of my girlfriends, almost immediately, she started asking me “why on earth was that girl drinking? what an idiot to go down into an alley with a group of boys – why was she so fast?” My question – is why won’t we take responsibility?  Why are we rebuking teen victims for their decisions when we won’t take responsibility for their upbringing and protection?  Parents need to take responsibility. Communities need to take responsibility. Other teenagers need to take responsibility.

When one girl gets abused, choosing not to get involved so as not to overstep boundaries is a passive aggressive way of saying you don’t care. You’re saying that you believe in living on an island. You’re saying that you think you are impervious to disarray and disorder is permissible, so long as it doesn’t directly interfere with your personal life.

When one girl gets abused, turning a blind eye, or telling her she’s strong, without offering support, or telling her to tough it out, is a passive aggressive way of saying “Fuck it. Rape my daughter.”

So I urge us all to Kill the “slut” – as in, kill that term. Gouge it out of your vocabulary. If the girl you are referring to is a “slut” as you see it, ask yourself – what can I do to help this budding woman become a SURVIVOR and grow from being a lingering VICTIM? Call to arms. Let’s get to work

“Good” Hair – A Global Issue

So here I am in Canada with one of my closest friends and sorority sisters, Sherema. We came to relax, enjoy time away from the dirt and grime of NYC (and shhhh! to see Jay-Z perform in really good seats). We haven’t done particularly “Canadian” things since we’ve been here – neither of us play hockey, and we don’t eat bacon… alas. So in our adventure today, we explored Toronto’s public transportation system, got eyeballed by several natives, got hit on by a couple of Desi guys (must be our afros!)

The "Normal" Look... that keeps people Relaxed

After what felt like 2 hours on mass transit, among teenagers and their cute Toronto accents, we stumbled upon Kennedy Commons. Kennedy Commons is an average sized strip mall (supermarket, movie theatre and all) which made me feel like I was in Suburbia USA. We saw Good Hair, a movie by Chris Rock motivated by his daughter asking him why she didn’t have “good hair”.

The Natural Look for ALL of us...

Here is my issue with this movie – first off, I dare not call it a documentary. Second of all, the fact that the Latina and Caribbean experiences with “good hair” were not featured, made me feel left out of the dialogue. When I brought this up to Sherema, she thought that this movie was rightly reserved to address only African American women, but that it can be applied to women with coarse hair all over the world. Yes, and no. Yes, women with “coarse” hair all over the world DO spend millions on products to chemically alter and “enhance” hair with weaves/wigs/extensions. However the reasons why an Afro-Latina chemically treats or weavily-enhances her hair may be the product of various factors, and not necessarily the “reasons” set forth in this documentary. Moreover, without specifically calling a group out (YES, YOU GRANDMA and AUNTIE and COUSINS), it will be assumed that Afro-Latinas and Caribbean girls are not part of this conversation about “good hair”. At the end of the day, the products Rock spoke of, and the money being spent on these hair enhancements all go to the same places. From Haiti to Brazil to the US to South Africa, there is much to learn & discuss in matters of our “good hair”

Snitches don’t get Stitches… Battered Women Do

Yesterday the New York Senate set up a panel to determine whether or not State Senator Hiram Monserrate shall be sanction, face expulsion, or both.

If you aren’t familiar, Senator Monserrate is that 42 yr old senator who brutally pulled and dragged his 30 year old girlfriend and slashed her face (so I heard – I have not seen the video, but the court staff who have, described something quite horrendous).

If Senator Monserrate had been convicted of the felony charges he was facing, then he would have had to surrender his Senate Seat. I am not too fond of this rule because it cuts convicted felons out from yet one more part of our society. It prevents them from participating in civics as political leaders – adding to the list of “can’t-do” that leaves felons with less to hope for. But in any case, that’s another topic for another day.

Monserrate was aquitted of the top counts but convicted of the misdemeanor of assault in the 3rd degree – meaning an assault where the defendant intentionally caused serious physical injury absent aggravating factors such as a weapon. Based off what I know happened to Karla Giraldo (the victim in this case), namely – having her face split open by Monserrate’s bottle – it is surprising he only got convicted of the misdemeanor. But when I realized that Monserrate’s (apparently brilliant) lawyer waived his client’s right to a jury, and that the DA had an uncooperative victim/complainant witness, I understood why.

Why, you ask? Because one judge on the bench as finder of law AND finder of fact means that they must hold the facts presented in the case to the law as they find it. Normally juries are taking the facts & trying their best to apply them to the law. Sometimes you get a good jury who understands the law as explained by the judge, and other times you have a jury full of people who stay home watching TNT all day & think CSI is a non-fiction reality show. These jurors are often the ones looking for truckloads of forensic evidence – as if it grows on trees. Certainly not necessary to meet the elements in all charges. The bottom line is… DA couldn’t establish aggravating factors with an uncooperative victim.

I see Karla Giraldo’s decision not to cooperate with the Queens County DA’s office as societal witness intimidation. She is young, dating this older (seemingly powerful) Brother and she is probably blaming herself for the stitches HE gave her. Some might ask – what would be the point of Giraldo testifying to what really happened? How would society benefit from Monserrate being expelled from his Senatorial Seat?

Well I have my own string of questions… How does society benefit by promoting this witness intimidation? How do we benefit from telling ourselves & these victims “you’re strong enough. you can walk away & forget about him. why drag this out?” Why are we muffling our Sisters’ cries for help by encouraging them to return to their abusers without the abuser undergoing some transformation? I say remove the pillow that smothers victims’ voices & encourage them to speak. As a defense attorney, sadly most of the information I gather to represent my client comes from the abused. I turn the information down if if smells like bullshit, but it is nevertheless available to me. Battered men and women need societal support.

Someone needs to remind Ms. Giraldo that strength does not mean “taking it”. Strength can certainly mean saying “I will allow the criminal justice system to purify itself by giving the court my story.” I’ve never been slashed in the face, but I am a survivor of domestic abuse. I was dissuaded by men & women alike. People placed “my abuse” on a ladder, reminded me I had my life & encouraged me to move on without cooperating with the States Attorney (Baltimore). Thankfully with the support of my beloved friends, I pressed on. I spoke, I cooperated, I got the result I needed, wanted & deserved. The guy I used to call my “former abuser” is now a man who has reformed, sought & gained my forgiveness, and has blossomed beautifully.

The system CAN work. We just need a village to support the victims, reform the abusers, and purify the criminal justice system.

Shyne the Martyr

Welcome Back Shyne, or should I say Mr. Leviy.  I would love to hear about your spiritual journey while incarcerated.  Some would say you sacrificed your freedom for Diddy’s (and J Lo’s) convenience.  But I wonder where your spirit is now, and where you are with God.  I can see some of your spiritual journey in the lyrics of your music.  But I would love to hear something a bit more explicit… Be blessed.  Keeping you in prayer as you manage through your post-release supervision and work things out with Immigration officials.

“Observe me, on a journey puttin niggaz on gurneys till I meet my maker
In the name of Amadou Diallo fuck Guiliani and Howard Seiffler” ~ Martyr – Shyne

Your Job vs. My Livelihood

Thursday Oct. 1st was an epic failure of a day. Not sure if I mentioned this on twitter or facebook, but the abysmal economy has been brutal to the NYC budget. One of the ways that I have experienced our anemic budget firsthand is in the production of my incarcerated clients from Rikers Island. If a judge sets bail, my client will have to be bused by Dept. of Corrections for each court appearance. I would prefer for bail NOT to be set so that my client doesn’t feel pressured to take a plea. The longer someone remains incarcerated, the less rational they are. A life of slavery leads one to make irrational decisions.

Now back to the budget… Dept of Corrections has decided that in the interest of saving money, that they will bus people down to Manhattan first, then Brooklyn, then the Bronx, followed by Staten Island, THEN Queens.  Does that make any sense?! NO – especially not when Rikers Island actually IS between the Bronx and Queens.  So it would basically be quicker for inmates to be WALKED to Queens criminal court.

On October 1, 2009 I had one case on the court calendar.  This case was on for us to have a suppression hearing.  My client is being charged with possession of drugs, and so at a suppression hearing, I can challenge the constitutionality of the police officer’s interaction with my client during his arrest.  The suppression hearing is where I learn the most about the strength of the prosecutor’s case.  And when it surfaces that the cop did something shady, but not shady enough to be unconstitutional, the judge usually offers my client a much better plea deal.  My point in bringing all this up is to point out why it is so essential for my client to be PRESENT while all of this is going on.  Obviously I can’t take a plea on my client’s behalf without him being there.  Also, the best way for me to challenge the police officer’s testimony is to have the only other person who was present at the crime scene, there with me to tell me his/her version of the story.

DO YOU KNOW THAT CORRECTIONS DIDN’T BRING MY CLIENT TO COURT UNTIL 4PM?!?!?!! Court goes down at 5pm.  I got to court at 10am, requested my client’s appearance, and it took 6hours for him to get before a judge.  Meanwhile, motions on other cases didn’t get written, research on new developments in NY Laws was ignored, phone calls weren’t made, my voice mail piled up, I didn’t eat lunch.  Needless to say, we did not have the hearing, I performed no legal work on 10/1/2009 – just played brickbreaker on my BB, annoyed my 600 or so followers on twitter with obnoxious tweets, and waited waited waited to get on the record only for the judge to say “Sorry counselor, we don’t have enough time to do your hearing”. As I was walking out of the courthouse, one of the court officers asked me “counselor, why didn’t you just waive his appearance & kick the case over til next week? Your client isn’t going anywhere – he’s sitting in jail.” To which I replied, “I’m sure my client wouldn’t approve of that type of lawyering Officer, but thanks for the tip.”

On my way back to the office at 4:15p, I ran into one of the prosecutors I am friendly with and fumed to him for a bit about how upset I was to have wasted my day and that now I will have to be at work until well after 8pm to finish all the work I had on my desk.  He replied “You don’t have to do any of that crap! Just go home.  Will you get fired if you don’t write those motions and ignore those calls? Just tell your clients you got shit to do.  It’s not like they’re paying you.”

And THAT right there is the problem… The stakes for lawyers in the criminal defense practice are not high enough.  Like he said, I won’t get fired for ignoring my clients’ phone calls and refusing to write motions.  If I had decided NOT to wait for my client to be brought to court, what would be my penalty?  Probably nothing at all.  I once had a client’s appearance to court waived three times just because the judge in that court part did not feel like keeping the part open past 1pm for Dept of Corrections to bring him.  By the time his case got resolved (dismissal – thankfully), he wanted to explore suing me because he thought I was the one telling the court not to bring him before the judge.  We criminal defense attorneys could technically be sued for malpractice under various grounds, however no one seems to be interested in listening unless money is involved.  The Rules of Professional Responsibility in NY were recently amended to add more bite (i.e., more ways to hold a lawyer to her/his ethical responsibilities) and I am strongly in support of these amendments.  If you look at the rules of conduct for prosecutors, they have even more leeway for misconduct because they don’t have clients… WHO GON CHECK THEM?? no one.  By the time anyone is paying attention to prosecutorial misconduct, big type constitutional violations are taking place. Thankfully the prosecutors I interact with seem to have good intentions.

Meanwhile, I stand to lose my license to practice if one of my clients is successful at pointing out how egregious my behavior is.  I must say, I see nothing wrong with that.  IF you decide that it is your calling to be an advocate for your client, then this means that you must be willing to be a hired gun.  And if it turns 0ut the hired gun is illegally/unethically/unjustly placing their interests above those of their clients, then they should lose their license to practice.  I want and appreciate that fire on my back to keep my clients’ interest first.

Call me trigger dammit, I am an advocate and proud of it.

who you callin “African American”?

Yesterday (Monday 9/28/09), 2 lawyers in my office started asking me questions about my neighborhood.  I was born and raised in Manhattan (spent childhood in Africa & Caribbean while Mother was in school) specifically in Harlem and Washington Heights.  I am very proud of my Uptown upbringing.  One woman born in Jamaica, but a Naturalized American ultimately mentioned something off color about my neighborhood and before I could respond, another attorney (UK expatriate of Jamaican heritage) then mentioned “you should revere Harlem – not living there is one thing, but you should recognize the fact that this neighborhood is the epicenter of Black African American culture.”  To which the Jamaican-born attorney responded: “I am not African American & their experience has nothing to do with me”.

As such, her statement spawned a discussion on West Indian cultural identity in Black African American culture.  By the way, everyone in the room was of West Indian heritage.  Both myself and the UK-born Jamaican-American woman were of the position that the African American experience has EVERYTHING to do with her, and makes up a part of our identity.

Without question, I self identify as African American.  I also identify as Haitian American, West Indian, and if you really want to get technical, I’m multi-racial and multi-ethnic – a bona fide “Mixed Chick”.  The fact of the matter is, in my view, what I call myself is of minimal relevance because my identity is shaped by my experiences.  My experiences have led racism my way.  I’ve had my share of prejudices of various sorts, misogyny, sexism, classism, ageism, and other ‘isms because of whatever box people want to throw me in.  And having suffered at the hands of these ‘isms, I have connected with oppressed peoples who have been victimized by being thrown in a proverbial box.  I have found that even after being THROWN in the box/category/arbitrary race group by the oppressor, the oppressed often perpetuate the oppression by distancing themselves from the other people they were victimized with.  We see this among South Asians and North Asians, Caribbean Blacks and American Blacks, etc…

What do we stand to gain by pointing out our distinctions? Isnt it elitist and snobbish to point out the distinction between West Indians and African Americans?  We all need to embrace our cultural similarities while noting how cultural differences add spice to the “African American experience” of the West Indian in America.  I love being Haitian because of Haiti’s rebellious history, powerful language, and cuisine among other things.  I know that the history of my Haitian people influenced countless slave revolts in America as well as the Louisiana purchase (including the decision not to have slavery in these newly acquired states).  Nevertheless, my love for Haitian culture does not interfere with my African American pride.  In fact, it enhances my African American identity.  We were all slaves, we were all oppressed, we all rebelled, we were all displaced – this ties us together.  I can identify with protests, rebellion, oppression, being on the receiving end of prejudice and racism.  This oppression ties all people together – whatever you call yourself, whatever your ethnic identity.  As far as I can tell, just about every ethnic group has had an oppressor.

I choose “black” as my race because as Biko said during his trial, it is the most “accommodating”.  I take pride in my Black features inherited from my African roots.   When we talk culture and ethnic identity, I choose African American because the history of Blacks here in America has affected the histories of every other Black nation I am familiar with, other Asian nations, White nations, Latino nations.  Our histories are intertwined because WE ARE ONE PEOPLE in spite of our cultural differences!  Our cultural differences give us something to contribute to the fluid, malleable cultural identity of the African American.

Marcus Garvey wasn’t turning American-born Blacks away from his Pan-Africanism, asking only for Jamaicans.  After traveling from Jamaica, through Costa Rica, Panama and other nations, Garvey recognized the need for unifying all peoples of African descent.  His contribution to uniting people of African descent undeniably laid the foundation for the Civil Rights Movement as we know it.  By no means is Garvey blameless – however his success at unifying people of African descent laid a foundation for W.E.B. Dubois’ Pan-Africanism efforts despite their squabbles on ideology.  Mr. Garvey’s efforts here in the United States influenced Dr. Kwame Nkrumah so much so that the black star in the Ghanaian flag is in homage to Garvey’s Black Star Line.  Our histories are intertwined.

I believe in unity.  I believe in overcoming our differences to achieve equality for all.  I think that African American culture is important to everyone whether of African descent or not, but that is not my point.  My point is that as a person of African descent, it does not matter if I live in the US or not – African American culture is MY culture and MY identity because what has been going on here in this country has affected the lives of Blacks all over the world.  African American history appears to be the most recorded Black history, the black pride phenomenon was born here, the Historically Black Colleges and Universities have educated people of African descent from all over the world, the music created here has shaken bodies from South Africa to Java, and the American Civil Rights movement of the 1950’s and 1960’s has likely served as the catalyst for uprisings all over Africa and the Caribbean.  So when you say AFRICAN AMERICAN, you speak of ME!

Citizenry & Civics

I do intend to finish my last Healthcare post, however the NYC Primaries being tomorrow, posting on civics seemed fitting and necessary. 

As defined by wikipedia, civics is the study of rights and duties of citizenship. It is our duty as American citizens, and particularly residents of the great New York State to be interested and involved in the operation and oversight of government.  One of my clients asked me the other day how his case would affect his right to vote.  After advising him that his right to vote in the upcoming elections would not be affected by the case I am representing him on, he started to ask me questions about the NYC Primary tomorrow.  I must admit, not a single one of my friends or personal associates and aquaintances has ever asked about or discussed civics with me.  It makes me wonder… Do we know it all, or do we simply not care?

Here are some basics…

You can vote tomorrow 9/15

• If you are registered to vote
• If you are enrolled in a party holding a primary
• If you make it to your polling place by 9pm 9/15/09

You have the right to

• be assisted by whoever you want while voting (just not by your boss or union representative)
• bring materials into the voting booth
• vote by emergency paper ballot if any of the machines are broken
• vote by affidavit if your name is not listed as a registered voter

PEOPLE… there are 152 candidates running for office – you MUST get involved in this process.  Various politicians are running for City Council – you can find out your district and other information here.  New York citizenry deserves the best candidates, the best elected officials, and we all should be informed voters.  Available positions are for Mayor, Public Advocate, Comptroller, Borough President, City Council (and for us Manhattanites, District Attorney – but that would be general election).  Read up on the candidates here.

Happy Voting Citizens!

Healthcare Reform pt I

During a chat on twitter (with Cedric @nativenotes – who you should follow if you are on twitter) about Obama’s Healthcare Reform Proposal, I realized how few people felt comfortable participating in this debate that has our politicians’ and political commentators’ panties in a bunch.  I see a need to break down Obama’s Healthcare Reform Proposal to its barest elements to make the discussion on its pros and cons accessible to everyone.  So for those who are blindly supporting Obama because he is “their” president, let’s drop the ignorance and get to the issues.

First things first, here is the actual text of President Obama’s proposal. I would urge everyone to read it. Simply put, President Obama’s goal is to make healthcare more affordable by decreasing costs for those who already have insurance, and providing affordable options for those who currently do not have health insurance.

How does he propose to do this?

• Stop the Paper Trail – instead of medical records on paper, store them electronically.  This could save $77 billion per year upon implementation, however getting electronic health information will cost $10 billion per year over the next 5 years.
• Prevention Care and Management – By supporting people’s efforts to avoid getting sick in the first place through preventative care such as breast cancer screenings, colorectoral cancer screening, Americans can live longer.  Not a cost-effective portion of Obama’s Health plan, and no actual implementation set forth in the proposal, however the point is to extend and save the lives of Americans, not save/make money.

HELPING PATIENTS

1. Disease Management for Chronic Illnesses: along the lines of saving lives, totally necessary. Despite what President Obama says,  not likely to save money
2. Integrate Care for Chronic Illnesses: when elderly and poor people have chronic illnesses, they are usually going straight to the hospital (which costs more and leads to inconsistencies in treatment) and are being treated there, although they should really be treated in their home. Obama’s plan seeks to integrate care in such a way that people who should be staying home can do so and get the treatment they need rather than piling up hospital bills.
3. Transparency in Quality and Costs: people never know how much their treatment will cost until they’ve already been treated. Asking price is never the same as the insurance company’s Contract price – meaning whatever “price” they negotiated with the doctor.  If people know how much their care will cost, they can shop around for cheaper insurance, or even see if their doctor will give them a discount for paying cash. So in Obama’s plan, more transparency in Healthcare costs will be implemented with the hopes of giving patients more options.

We all KNOW the Serial Rapist

Chances are we know this guy.  How many times have we mentioned “how small” New York is? Six degrees of separation? I live in the microcosm of Harlem where I feel like I know everyone and yet this serial rapist is on the prowl.  What truly saddens me and breaks my heart is the fact that these random acts of violence are being perpetuated by this mystery man who can only described by this photo.  On my way home tonight I noticed several news vans gathered right outside the 147th st exit of the 145th st ABCD train station.  Thinking the person who has been violating women from Hamilton Heights, Sugar Hill, Washington Heights and beyond has been caught, I rejoiced in how safe my city has become.  Imagine my chagrin when I get phonecalls from fellow neighbors checking to see if I made it home alright since the serial rapist hit again.  This time however there is video surveillance – it isn’t that clear, however it is a start.  Through the arrest of this individual who is obviously severely disturbed, these senseless depraved acts can be stopped and hopefully he gets whatever he needs to never do this again.  But what of sexual assault, sexual abuse and rape that doesn’t make the news?

Which brings me to the purpose behind this post… Given the fact that 60.9% of all rapists are at the very least *acquaintances* to the victim, why is our media waiting for this lone serial rapist to wreck havoc before reporting on violence against women? To me, this screams “if you got raped, since you know the rapist, YOU DESERVED IT”.  We trivialize our sisters’ and mothers’ cries for help when someone they could have avoided sexually abuses and rapes them.  I am hoping that through the pain suffered by the victims of this serial rapist, we can all take greater measures to raise awarness, take preventative measures to help those who exhibit predatory behavior, and help heal the wounds of our fellow sister and mother victims. Please support the efforts of the Rape, Abuse & Incest National Network.  We need to get our girls and boys talking about sexual abuse NOW, as children.  The impressionable mind is much more difficult to heal as it hardens over age.

blessing

libations of love

i pour libations of love for those who have died this year… The ritual of pouring libations can be found in various cultures.  Isaiah speaks on the end of the Man of Sorrow who ”poured out his life unto death” (53:12).  We also see libations being poured in Indian culture (using ghee – clarified butter) see wiki.  When I lived in Haiti, one of the women who lived in our compound would pour a portion of her beverage on the ground before drinking in thanks for the blessing others have been to her.  As such, I pour libations of love for some of the wonderful people who have touched the lives of many that we lost this year.

ASE!

DJ AM – He may have taken his life.  So young.  I can’t help but wonder if his hope and will to live could have been restored with a surge of faith in something/someone.  d. 8/28/09

Ted Kennedy – losing you brought tears to my eyes.  For once, a rich white man who gave a damn.  A man of his word, a true statesman. d. 8/25/09

Eunice Kennedy Shriver – your dedication to the rights of persons with disabilities was a testament of your grace and love for humanity… d. 8/11/09

Reverend Ike – For so long, my family would eat at Malecon, across the street from your congregation.  We weren’t Christians, but we always took heed of your wisdom… d. 7/28/09

Farrah Fawcett – a legend, a beauty, a darling.  She was adored by many. d. 6/25/09

Michael Jackson – touched millions with his beautiful music and eclectic style.  Unfortunately taken from us too soon.  May he rest in peace… d. 6/25/09

So many other beautiful souls have lost their lives, but hopefully gained an everlasting life in Heaven!