Chris Tinson on Ferguson

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Photo by Amanda Wills, www.mashable.com


Chris Tinson, a radio journalist and assistant professor of African American Studies at Hampshire College sent me a fascinating and important email about work going on in Ferguson. Here tis:
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“A couple of weeks ago I was able to travel with a group of students from my college to Ferguson to do some solidarity work down there. We connected with a range of youth, students, other out-of-town activists, elders, and organizers. Some of the local folk were connected to the Organization for Black Struggle, the St. Louis-based group that anchored many of the events at #FergusonOctober. Many others were just young people, fed-up and in the streets. Some were calling themselves Millennial Activists United, Tribe X, Lost/Found Voices, etc. They were poets, writers, students who’ve paused their education to struggle, workers who lost their jobs as a result of protests. Some of whom had been jailed for days during the August protests and are back in the streets, refusing to go home. As one young brother told me, ‘We can’t go home, because we ain’t got no homes to go to; this is our home.’ They are mad as hell, and righteously so.”

“Even as we all continue to watch intently for whatever shenanigans the county prosecutor is cooking up, in what looks like will not be an indictment but some sort of compromise verdict/decision, it remains to be seen what the other side of these events will look like. One thing is certain, there will be a new day, based off the infectious energy of the youth, in St. Louis. As I’ve said elsewhere: ‘Ferguson is Happening to America.'”

“It was clear from being there about 4 days that there was a bit of a rift between the older and younger generations, as well as between the clergy and the streets, even as many clergy put themselves strategically on the line and were arrested with many protesters. However, the generational divide isn’t as thick as first imagined. The older and senior black and brown folk from around the area know what this is about. Though they weren’t out in the streets chanting and facing down police at 2am, it doesn’t mean that they don’t understand the anger and want to pray everyone back to normal. All throughout FergusonOctober I witnessed multigenerational families marching, going to town halls, gathering and sharing information about protesters who had been arrested, or providing hot meals to protestors still in the streets long after the temperature had cooled.”

“Although the news is no longer reporting this regularly, there are still daily protests, daily actions, daily confrontations with police, who are hellbent on ‘maintaining order.’ But the youth and many adults are saying there will be no peace until there is justice. Were this anywhere else, I am willing to bet that folks would have been back to business as usual. But not St. Louis. The infectious energy that was on display and that is ongoing in a series of rolling protests, has ripped through a sleeping giant of a community with no intention of retreating or compromising anytime soon. Watch out though: there is an effort afoot to applaud them to death, congratulate them on the job well-done attracting the world’s attention to their frustration. They know that strategy well. It’s been happening to them all their lives while not being ignored. This is a new generation of justice seekers, and though they see themselves in the long history of social distress, student activism, and CR/BP politics these are not their only points of connection to history. They are makers of history, not appendages to it.”

“Many in Ferguson are citing the daily, routine, ritualized instances of brutality, violent indifference, and structural marginalization, including economic assaults on working class poor folk through the area’s ticket and warrant system, for example. Others cite the historical depletion of black middle class possibility due to white extraction of resources as deep sources of the changes underway in STL/Ferguson. A recent study by the Economic Policy Institute (EPI) entitled “The Making of Ferguson” indicts federal housing and social policies as the underlying causes that led up to Darren Wilson’s “legal” extinguishing of Mike Brown’s life. ‘The conditions that created Ferguson cannot be addressed without remedying a century of public policies that segregated our metropolitan landscape. Remedies are unlikely if we fail to recognize these policies and how their effects have endured,’ writes EPI research associate, Richard Rothstein. The takeaway: social structures are unlikely to change without a profound understanding and appreciation for the histories of government-sponsored anti-black social policy. Instead of accepting this fact as an explanation, many media outlets started and have begun anew the ‘what was wrong with Mike Brown’ line of inquiry. Could folk be anymore wrongheaded about this? And why is there no broad-based refutation of that new (old) strategy of blaming victims of white on black state violence?

“I know I may be preaching to the choir here, but the recent attempts to re-try Mike Brown (tried by bullets fired from Darren Wilson and now tried by the machinations of the grand jury process) mirror such attempts to re-try, re-accuse Assata Shakur, and the recent double-down on the effort to silence long-held political prisoner, Mumia Abu-Jamal. Despite this Mumia is still allowing his voice and insights as instruments of justice. Pennsylvania Governor Tom Corbett (GOP-FOP friendly) is on record recently saying that prisoners are prisoners because they’ve given up their Constitutional rights. Alright, Tom, if you’re that certain, then why not kill everyone imprisoned and save your tax-payers some dough? But of course, these officials are ‘civilized, law and order’ types. They know that they can only achieve and maintain order through physical, gratuitous, and legislative violence, rights be damned. All in the name of self-referential definition of democracy. For such folk, the law is a tool of violence.

“There is a dismal picture being painted here. I had a wild nightmare recently that black people were on display at museums; as something that used to be, used to exist; encased with a nice 5×7 gold-plated description of the specimen that told of its travails in the most innocuous, sterile language imagined so as not to alienate or generate any feelings of discomfort for docents, patrons, city officials, or well-to-do liberal teachers who’d be forced to explain to their fifth grade class of ten year old that ‘we used to have black people here, and then slowly they began to mysteriously disappear.’ When I awoke, the news was still on.”

“No doubt, I continue to fight the good fight for racial justice in our day; marking the small but significant victories of a convicted white shooter, an indicted cop, a federal probe here and there. But the overhaul we work towards is actively and productively offset by forces that profit off of the marginalization and civic death of black residents. These forces don’t always profit equally or materially, though these need not be ruled out.”

“In the meantime, we struggle. The youth demonstrating critical citizenship in the streets of St. Louis and at other hot-spots around the country, yelling at the top of their hoarse lungs at the government, ‘They think we a game; they think we a joke,’ have justice tattooed on their hearts and minds. They know what it is, though they’ve been kept from it, and they know that only through the power of their voice, tears, pain, energy and creativity and most of all their willing to risk their own comforts and safety, can anything that remotely looks like justice be achieved. They might not get justice, but they’ve enlisted themselves on the side of history that fought and will continue to fight for it. Seeing their example, we can do nothing less.”

#ejpsymposium Day 2

Day 2 of the Education Justice Project symposium began with a session on the Politics & Ethics of Higher Education in Prison. The moderator of the panel was Earl Walker, an alum of EJP, and he said that higher education in prison truly is “the new civil rights movement.”

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Erin Castro, up first, talked about working with scholars on the inside (pictured above with her students on the screen) and said that she presents her scholarship at national conferences and has a manuscript under review, an ms. completed with those same students. Nationally, she noted, we are not so advanced and said that only 6% of such potential scholars have access to post secondary education. But the surprise is, such education not only reduces recidivism, it is transformative education, per Paulo Freire. We cannot leave out the voices of the people inside.

After Erin, Ed Wiltse asked if prison education can return the university to core values? He said that from teaching behind bars with a mix of university and incarcerated students, the lessons he’s learned include: 1) who’s classroom, our classroom; 2) voice and authority means everyone’s 3) who’s text, our text. He then turned to Dewey: The community’s purpose is to educate and move forward.

James Kilgore (pictured above on the left) said his commitment to mass incarceration comes from his heart, and from being incarcerated as well as an educator. So when he began to cry, he moved us all. Then Wham: “I was an educator before I went to prison.” When he was in prison he wanted to teach other prisoners but the person who ran education in prison said only if you sit people in their race groups. He refused – this was a man who had been to South Africa and fought against Apartheid– so he said to that teacher, “I will get them to agree.” And the men did. From this and from his own amazing experience with EJP, he concluded: the movement of the oppressed must be lead by these who are oppressed.

Carl Walker said in some ways he felt incarcerated in higher education with a program called “college to careers.” An audience member responded to the racial segregation so enforced in prison by saying that educators need to turn to their students inside because, “We know how to navigate that space.”

In a session on peer instruction in the prison classroom, professor Jennifer Drew, mentioned that a Spanish language instruction program at BU was begun by Jose Duval, formerly incarcerated student, who spoke by phone at the conference from the Dominican Republic. One of the difficulties of being a peer tutor in the prison classroom is not being seen as a cop. But knowing the subject , he said, was not always as difficult as knowing how to convey the message. Then, Jennifer Drew, who used to run BU higher ed, was supposed to be the prof but she had students teach Spanish because they knew the language. An interesting moment for Jose was when some of the guys wanted him to tell them some of the answers on the test. But they eventually, were able to see that the tutors were serious.

Augie who was a peer instructor in an EJP carceral setting and was in an ESL program called Language Partners,  said it was initiated by a person behind bars. He felt that there was stress on his “free partners” who had to find online resources for them, because as peer teachers inside, they were not allowed resources available on the outside.  He read a paper by Elfuego Nunez who teaches, i.e. is a peer tutor, on the inside. Nunez said that he had a lot of desire to help men speak English because they wanted the power to talk to their doctors, read to their kids, and learn. For him, teaching was a honor, and while the work was voluntary and not eligible for good time, it was worth it.

The last session of the day that I went to was on Literature, and it included Sarah Higinbottom and Bill Taft from the Common Good program in Atlanta. Discussions of students gaining from making their own books, engaging in challenges such as Milton and Shakespeare are up my alley. I talked about the work I did at Framingham Women’s Prison, directing plays, showed a clip of Merchant of Venice and then poured my heart out about Changing Lives Through Literature. What a day.

Why Josh Wall Should Not Be Judge, Part I

state-house1Photo from Dennis Hammer at Thinkstock

If you weren’t one of the hundred or so crowding into Room 157 at the Massachusetts State House on Wednesday, September 17, for the Governor’s Councilors hearing, and if you were not engaged in the discussion as to why Josh Wall should or should not become a superior court judge, you missed quite a show.

For more than six hours, supporters and those who oppose Wall’s judgeship took turns testifying in front of the eight member council. The Governor’s Council is the antiquated part-time body that is elected by the citizens of Massachusetts designed to primarily vote on the nominees of the governor for the Parole Board and the judiciary. A wonderful article by Chris Faraone in the former Boston Phoenix said these $25,000+ a year employees usually rubber stamp the nominees of the governor. But will the controversy over Wall’s nomination will be enough to change the status quo?

And what made this a show, you ask? Much of the Parole Board staff seemed to have taken vacation days to be in the room; Janis Smith, attorney for the Board, brought her parents. There was a DA and some judges, attorneys and a Board colleague—the current Parole Board chair did not miss a beat—and there was even a religious pastor, a crime victim, and a parolee testifying for him. He had every base covered as those “he asked to testify on his behalf” sang his praises. At one point, one of the Councilors said that they had received 60-65 letters in favor of Chairman Wall.

However, no surprise, considering the controversy that for weeks has surrounded this nominee, the Councilors have also received the same amount of letters opposing his ascent to judge. Many feel that he should not be rewarded for his poor performance on the Parole Board. As I wrote in Boston Magazine in July, 2013 about lifer hearings: “In 2010, a decision…took an average of only 1.4 months. In the first five months of [2013], that number was 10.4 months. Thirty-five of the 135 inmates who had a hearing in 2012 were still waiting for their decision at the end of…May [2013].” Also, out of 395 lifers who had hearings between Feb, 2011 and May, 2014, only 32 had actually been released on parole – for a parole release rate of 8.1%.  That is absolutely contrary to well-known data that says a higher rate of parole is a public safety tool.[1]

But the people who spoke against Wall’s nomination on Wednesday talked less about his performance on the Board and more about his temperament. Their point was that Josh Wall does not have the judicial juice.

Criminal defense attorney Willie Davis, a lawyer for more than 50 years, nailed the problem with this: “He has demonstrated an attitude of win at any and all costs.” That might not seem surprising for a prosecutor, but Davis explained how Wall sought to get criminal history backgrounds of jurors in the murder case Commonwealth v. Joseph Cousin when Davis was the defense attorney opposing Wall. This violated state law, he said, and Wall should have gone to the judge if he wanted such action to be taken. It was unethical. As reported by State House News, Davis said, “He [Wall] was looking for a reason to abort the trial before the verdict was rendered.” Some of the jurors had misstated their criminal history, and a mistrial was declared. Wall won—at any cost.

The Woodmans blamed Josh Wall for his insensitivity and dismissiveness. They said he was the main person they had contact with in DA Conley’s office after their son’s death. They lost their son to police brutality, said Cathleen Woodman, mother of David who died, but the police were never charged. “Being attacked by six police officers, lifted three or four feet in the air and slammed to the ground stopped his heart from beating. That was the cause of his death,” she said forcefully, holding back tears. At the hearing, she blamed the DA and Wall who told her that there were too many pages in the police report for them to have a copy. Conley said the young man’s death was a terrible loss, but the facts of the incident did not warrant charges against the officers involved and disputed her claims that Wall was the lead investigator.

“I thought he was supposed to be neutral, she said, dismayed during their meetings, and she added how disrespectful Wall was towards her, wondering at the time, “Could you not roll your eyes while we say something?”

Perhaps the most shocking testimony was the claim that Wall withheld evidence at a trial. The accusation about exculpatory evidence came from Attorney Rosemary Curran Scapicchio. She told how Wall sat on evidence when she was up against him in a trial . She said he had received information from another prisoner after a conviction, before an appeal was generated. Because, said Scapicchio, Wall sat on the evidence for many months, the man who actually confessed to the murder actually hung himself behind bars before he could be interviewed.  She said the judge in the case ruled that the five prisoners who knew about this were considered untrustworthy witnesses so they never were allowed to testify. The wrong man was never set free, and to this day, is behind bars. She accused Wall of deception.The hearing continues Wednesday, September 24, at 10:00am in Room 157.  And as one of the councilors said, it will continue to be rougher than Wall’s son’s football games. There will be more who speak for Chairman Wall and more who speak against him. He’ll say why he should be judge and the Councilors will question him. The vote most likely will be a week later.  But with all this controversy, it is clear that appearing before Josh Wall would feel precarious. Let’s hope the Governor’s Councilors will step out of their business as usual mode, step up to the plate, and recognize that this much outcry should not be ignored. Josh Wall should not be a judge in Massachusetts.


[1] See generally http://www.urban.org/UploadedPDF/411800_public_safety_first.pdf; http://www.justicepolicy.org/images/upload/09_05_REP_PruningPrisons_AC_PS.pdf; http://www.pewtrusts.org/en/about/news-room/press-releases/0001/01/01/one-in-31-us-adults-are-behind-bars-on-parole-or-probation; and http://www.justicepolicy.org/images/upload/10-06_FAC_ForImmediateRelease_PS-AC.pdf.