The NBA and Amnesty Season

If you enjoy NBA basketball, the summer is usually an exciting time.  The NBA hosts summer league tournaments, and occasionally, an underdog plays well enough to earn an invite to a NBA team's veteran camp.  Guys in that position are usually journeymen who have played on 4 or 5 different continents and multiple domestic professional or semi-professional teams.  Most often, however, these players were drafted in the second round, or who were undrafted in the NBA draft.  I watched some summer league basketball this summer and a few players are playing well.  However, it takes more than a solid showing to be signed to an NBA team.  A player also has to be lucky.  Some say that luck happens at the intersection of preparation and opportunity.  I think that is especially the case with respect to making an NBA roster. 

The NBA's amnesty provision allows each NBA team to waive one player on a one time basis.  The waived player's salary will not count against his prior team's salary cap or potential luxury cap computations. The provision only applies to players signed to an NBA team before the 2011-12 NBA season.  Once the player is waived, he goes through the waivers process, which lasts for 48 hours.  During that period, a team can make a full waiver claim or a partial waiver claim.  The team that waived the player must continue paying the waived player unless another team assumes the full contract of the player.  It can work well for the amnestied player if he is selected by a championship contender.  This summer there have been a number of notable amnestied players.

Mike Miller signed a multi-year deal with the Miami Heat in 2010.  He was signed to provide outside shooting.  At the time of his signing, he was healthy and ready to fill that role.  However, his next few years in Miami were marked by multiple health issues, although he helped the Heat win two back-to-back NBA championships.  At the beginning of this summer, Pat Riley went on the record and stated that he did not want to amnesty Mike Miller.  However, the team's owner had the final decision making authority.  He decided that letting Mike Miller go to another team and saving his team millions of dollars in luxury taxes was the most financially savvy move.  As an aside, I keep hearing that the Denver Nuggets are trying hard to sign Mike Miller.

Metta World Peace was another impact player who was amnestied by his former team, the Los Angeles Lakers.  Metta signed with the Lakers a few years ago and helped them win a NBA Championship.  He played his role of enforcer and defensive ace during his time with the Lakers.  However, father time and injuries have slowed him and he is not as effective as he once was.  That said, he still has something left in the tank, or so the Knicks think he does because they signed him to a two year deal.  I think he will help the Knicks and he should be able get minutes on a team where defense is not a strength.  

I think Oklahoma City should amnesty Kendrick Perkins, who happens to be the most overrated center in the league.  He does not rebound at an elite rate, nor does he block shots.  He may lead the league is scowls, but that does not lead to wins.  I digress. 

I am rooting for the underdogs and hoping that someone is able to make an impact a la Flip Murray a few years ago.


Peace

Trayvon Martin: The Court of Public Opinion

I usually do not become overly involved in cases tried in the court of public opinion.  However, for many personal reasons, I followed the State of Florida v. Zimmerman from the very beginning.  Last year, I wrote a blogpost titled Trayvon Martin: Why There May Be No  Peace in Sanford, Florida (http://thegentreport.blogspot.com/2012/03/trayvon-martin-why-there-may-be-no.html?spref=tw).   At that time, I wondered why it took the authorities days before finally making an arrest in the case, despite knowing two things: (1) Trayvon Martin was dead; and (2) George Zimmerman admitted to killing him.  Why did grassroots organizers need to secure 2.2 million signatures from concerned citizens before Zimmerman was charged and arrested?  Some of the early occurrences in the case did not make a lot of sense to me.  Finally, over a year later, the case was set to be tried and millions of people followed the court proceedings.  The case forced many people to revisit past discussions regarding race, discrimination and gun laws.  

The Charges and Defenses

George Zimmerman was charged with two crimes:(1) second-degree murder; and (2) manslaughter.  

Second-degree murder, as defined by Florida Statutes is, "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without premeditated design to effect the death of any particular individual.  In English, that means that the State needed to prove that Zimmerman killed Trayvon by engaging in behavior where he showed no regard for human life.  The State did not need to prove premeditation, however.   

Manslaughter, which is a lesser crime, is defined as the killing of a human being by the act, procurement, or culpable negligence of another without lawful justification.  In English, this means that the State had to prove that Trayvon Martin is dead and that Zimmerman killed him without legal justification.  

Both of these crimes are excusable if the jury finds that Zimmerman acted with lawful justification (essentially self defense).  Florida defines two kinds of defenses.  However, we will focus on justifiable homicide, as I believe that is what the jury ultimately concluded when finding that Zimmerman was not guilty.  

Justifiable homicide provides that "the use of deadly force is justifiable when a person resisting any attempt to murder such person or commit a felony upon him . . . "  Essentially, for the jury to reach this conclusion, they would need to find that Trayvon Martin tried to kill Zimmerman or commit another felony against him and Zimmerman's reasonable reaction led to him using deadly force to protect himself.  

 

Beyond a Reasonable Doubt

Many people have opinions regarding this case.  However, I think it is very important for individuals to understand the charges, defenses and burden of proof that is considered in a criminal case.  In civil court, the burden of proof for the injured party is beyond the preponderance of the evidence, or "more likely than not."  That basically means that if the jury determines that a defendant is liable for injuring a party, they only have to be about 51% sure.  If they are 51% sure, the injured party should win the case.

Conversely, in a criminal matter, the burden of proof is much higher.  The reasonable doubt standard is necessary because criminal defendants are on trial for their liberty in many cases.  If a jury has a reasonable doubt as to the defendant's guilt, the jury should pronounce the defendant not guilty.  Conversely, if the jury has no doubt as to the defendant's guilt, or if their only doubt is unreasonable, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty.

Obviously in this case, the jury found that the State did not carry its burden and they found a reasonable doubt as to Zimmerman's guilt, so he was acquitted.

Jury Selection  

I personally find it rather odd that the jury was comprised of 6 women.  However, I realize that attorneys for both sides had an equal opportunity to challenge the jury pool, and I am assuming they did so.  I am not a jury selection expert at all, but logic seems to dictate that a more diverse jury panel would have made some sense.  Also, I understand that 6 jurors is proper and meets Constitutional muster, but I believe in murder cases, 12 jurors should always be the rule.  I digress.

Trial

This case was tried in the court of public opinion many times over because so many people felt personally connected to the facts of the case.  The problem with these kinds of trials is that media outlets, social media "attorneys" and everyone has an opinion that is often times not based on the factors that will be considered by the court.  Convictions in our judicial system are supposed to be based on what can be proven in court, and not by what someone thinks happened.  In criminal cases, the defendant does not have a burden of proof because he is presumed innocent until proven guilty.  If you apply that standard to this case it simply means that George Zimmerman did not have to prove anything.  The prosecution had the burden of proof and they were charged with presenting evidence in the courtroom to the jury.

Jury Deliberation

The jury in this case was sequestered during the trial.  Sequestration basically means the jurors were isolated from the outside world during the trial.  They were unable to read newspapers, or browse the internet or even to have unsupervised communications with their families.  The purpose of sequestration is to shield the jurors from any biases that could impact their decision. They are to make their decision based solely on the evidence presented during trial.  

The jurors returned a verdict of not guilty.  This verdict shocked many people.  The public does not know how the jurors reached their verdict.  If I was a betting man, I would say that they concluded, based on the evidence presented, that the prosecution failed to prove that Zimmerman committed second-degree murder or manslaughter beyond a reasonable doubt.  In the alternative, I believe the jurors found that Zimmerman's actions were justified, and therefore acquittal was proper.  Regardless of how you feel personally about the verdict, Zimmerman is now a "free" man. 

What's Next

The Martin family is the loser in this case.  They lost their son, who can never be brought back to this world.  And, the man who killed him is free to roam the streets and live his  life.  That does not sit well with me, but he was found not guilty in the court of law.  I anticipate that the Martin family will file  civil charges against Zimmerman for wrongful death.  In civil court, the family would be trying to sue Zimmerman and collect monetary benefits to "make them whole."  Obviously, the Martin family can never be made whole because their son is dead; nevertheless, that is the goal.  As previously mentioned, the burden of proof is a lot less stringent and I would not be surprised if they are successful in civil court.

The NAACP released a statement following the verdict and promised to continue urging the Federal Government to proceed with civil rights charges against Zimmerman.  I think this case has the potential to rejuvenate legal issues and moral questions that have been ignored for far too long.  In short, you have not heard the last of the parties involved in the case.

Peace.

Magna Carta Holy Grail: Just My Thoughts

I have been a Jay-Z fan since 1996.  That said, I was cautiously optimistic about the release of Magna Carta Holy Grail ("MCHG").  After all, Jay-Z released the album with little advertising and no lead-off single.  That was strange because often a record label will not release an album without a hit single as a foundation.  It was unexpected that Jay decided to rage against the machine.  However, that is not the first time Jay-Z has thought outside of the proverbial box.  

The Build-Up

Prior to watching the 2013 NBA Finals, I had no idea Jay-Z was working on an album.  As I watched the Miami and San Antonio series, I saw a commercial featuring Jay-Z, Rick Rubin, Pharrell, Timberland and Dr. Dre.  When the commercial initially aired, I was writing a blog post, so my television was on mute.  I learned about the contents of the commercial and other MCHG news shortly thereafter.  For instance, I heard Jay-Z brokered a deal with Samsung whereby Samsung bought one million copies of MCHG before it went on sell to the general public.  As a result, his album would be certified as platinum before its official release date.  I think that deal is the first of its kind.  Again, I am not the least bit surprised because Jay-Z is usually light years ahead of his competition.  

Comparisons

MCHG is a very good album.  It has been compared to J-Cole's Born Sinner and Kendrick Lamar's Good Kid Maad City.  I think the comparisons are fair and should be expected.  However, I have chosen not to compare these albums.  I can appreciate each album for its unique place in hip hop history.  People get caught up too often in the "who has the best album" debate.  I digress.

Jay-Z has reached a very interesting stage of his career.  Actually, he has been in that space for quite some time.  Some people want him to release another Reasonable Doubt type of album.  That album was released in 1996.  The artistic space he was in then is long gone.  It is kind of like how people like Mary J. Blige more when she is sad and singing about pain.  They cannot accept the fact that she has grown as an artist.  Now, getting back to Jay-Z, all of his albums are compared to his classic albums (i.e. Reasonable Doubt, Blue Print, Black Album etc.) or to other legends' classic albums (i.e. Ready To Die, Illmatic, The Chronic, Only Built for Cuban Linx, etc).  The expectations are unreasonable, but he probably would not want it any other way.    

Lyrical Content:

I have heard many people discuss their disdain with the lyrical content of this album.  I do not understand the confusion and frustration.  Most people make music about their lives.  That said, if a person lives an opulent lifestyle, that will be manifested in that person's music.  Likewise, if that person is dealing with poverty or substance abuse, that will be manifested in the music as well.  I appreciate progress.  If Jay-Z still rapped about being on the corner or other street tales, he would look absolutely ridiculous.  Jay-Z is a self-made millionaire and brilliant entrepreneur.  His love of European artwork, high fashion, million dollar cars and extravagant vacation destinations do not bother me in the least bit.  He earned it.  Furthermore, Jay-Z has always been a flashy rapper.  He has always rhymed about being the best at one thing or another.  The choice is simple: listen to the music, or turn it off.  The choice is yours.  


Favorite Tracks:

F.U.T.W is one of my favorite tracks.  "America try to emasculate the greats/ murdered Malcolm gave Ali the shakes."

Picasso Baby is dope too.  "Sleeping every night next to Mona Lisa/ the modern day version with better features." 

Somewhere in America is crazy.  "Million sold before the album dropped/ white Lexus before I had a deal/ ask Bun B about me/ this ain't no snap back I been trill . . . "  

FwithmeyouknowIgotit and Oceans are great songs as well.

I like all but two songs on the album, which are (1) La Familia; and (2) Part Two.  


Peace 

2013 NBA Free Agency

Summertime is always an eventful, and often intriguing season for NBA fans.  Summer 2010 was one of the most talent rich pools in recent history.  Lebron, Wade, Amare, Joe Johnson and Bosh were members of that class. Summer 2013 cannot be confused with summer 2010.  Sure, there are bonafide star players like Chris Paul.  There are also star players like Dwight Howard (I guess).  But, the balance of power in the NBA does not seem to be at stake.  After all, as long as Lebron James plays for the Miami Heat, they remain the best team in the business.  Unless there is a trade that joins Chris Paul, Dwight Howard and some other "super" star, the balance of power remains the same.  The Brooklyn Nets look good on paper, but I do not believe they will even be the third best team in the Eastern Conference.

Chris Paul, in my opinion, was the number one free agent this year.  He is widely considered to be the best point guard in the NBA.  However, he verbally committed to re-signing with the Clippers today.  That said, all the drama that usually comes with super star free agents a la "the decision" is missing this year.  He will sign the official contract on July 10, 2013.  His deal is rumored to be worth $107 million dollars over five years.  The Clippers now have Doc Rivers in tow and I think they will make some other smaller moves this summer.  I keep hearing that Eric Bledsoe is a key trading piece that might help them land a wing player.  Danny Granger and Aaron Afflalo are the two names I have heard mentioned the most.  

Dwight Howard is another free agent that could potentially made an impact.  However, he seems to be vey indecisive.  He essentially forced himself out of Orlando and landed in Lakerland.  I thought he would flourish with the Lakers, but because things were not perfect, he did a lot of complaining.  He wants to be the number one option on a championship caliber team. However, he has absolutely no low post moves, is a terrible free throw shooter and seems to lack any redeeming leadership skills.  

There are multiple scenarios that have been discussed with respect to Dwight Howard.  The first option is that he re-signs with Los Angeles.  They can offer him the most money and the longest contract.  For some reason, I do not believe he will re-sign with the Lakers.  Another scenario is that he signs with the Houston Rockets and joins a team with James Harden.  Insider reports have revealed that Howard wants Houston to add another superstar to the team.  I guess he wants to build his own personal version of Miami's big three.  In case he has not realized, the "big three" model does not guarantee a title.  Plus, if he is the best player of a potential big three, I am not convinced he has enough skill to lead a team.  

Josh Smith is another big name free agent. He is a mercurial player.  In one moment, he seems to be totally committed to playing with his back to the basket, but in the very next moment, he is hoisting three pointers at an alarmingly low rate.  He can certainly help a team, but he is not good enough to be the number one option.  He would make a great third option on a team like Houston if they land Dwight Howard.  That deal could possibly make sense if he and Howard are willing to take a pay cut.  I would not hold my breath on that one.

Honorable mention free agents: (1) Andre Iguodala; (2) Andrew Bynum (the next Greg Oden); (3)J.R. Smith; and (4)Brandon Jennings.  



Peace