Saturday, February 15, 2014

Jordan Davis: When Will it End?

Not again!  This is the second time in a year or so that an unarmed African American male has been killed under suspicious circumstances. George Zimmerman killed Trayvon Martin, but he was ultimately acquitted.  Since his acquittal, he has managed to stay in the news headlines.  He has seemed to enjoy his new found stardom.  Although the facts of Jordan Davis and Trayvon Martin’s cases are different, the cases are inextricably intertwined for a number of reasons.  So, what makes the cases similar?  The facts of both cases arose out of Florida, the “Stand Your Ground” laws have been implicated, both decedents were unarmed at the time of their deaths, both decedents were African American males, and both decedents were killed by armed men.  Other than these similarities, the cases are factually different. 

Facts

On November 23, 2012, Michael Dunn, who was 47 years old, shot and killed Jordan Davis, who was 17 years old.  Since that date, Dunn has maintained his innocence.  He claims that his actions were proper because he invoked a defense—self-defense—that absolves him of criminal culpability.  If the jury finds that he acted in self-defense, he will be acquitted because self- defense is an absolute defense to the crimes he has been charged.  He has been charged with first-degree murder, three counts of attempted murder and shooting or throwing a deadly missile.  

On November 23, 2012, Jordan and a few of his friends were sitting in a red sports utility vehicle.  Apparently, the driver of the vehicle was sitting at the gas pump when Dunn arrived at the gas station.  Dunn and his fiancée were coming from his son’s wedding, and were staying at a hotel not too far from the gas station.  According to Dunn, the music coming from the red SUV was extremely loud.  He alleges that he asked Davis to turn down the volume, which he did.  Then, according to Dunn, but not corroborated by any other witnesses, someone in the vehicle turned the music volume louder.  At this point, Dunn alleges that he and Jordan exchanged unpleasant words.  He then claims that Jordan threatened him, even though no witnesses corroborate his claims, and he felt that his life was in danger.  He claims that he saw about 4 inches of a shotgun barrel in Jordan’s hands, so he started shooting into the SUV.  Despite his allegations that Jordan, or anyone in the SUV had a weapon, no weapon has even been found.  Dunn shot 10 rounds into the SUV and Jordan was killed from multiple bullet wounds.

The most important fact, however, is what Dunn did immediately following the shooting.  A reasonable person would have called 911 to report the incident.  Dunn did no such thing.  Once his fiancée came out of the gas station, the two of them drove to their hotel room.  His fiancée testified that Dunn never mentioned to her that Jordan or anyone else had a weapon when he shot them. Either way, when they arrived at the hotel room, Dunn ordered a pizza, and watched movies for the remainder of the night.  He was not arrested until the following day, and that is when he claimed that he acted in self defense.  Interesting.

Racial Profiling

Racial profiling.  Police brutality.  Conversations about each of these concepts are avoided like the Bubonic Plague.  Despite the feelings of consternation and awkwardness these concepts cause many people to feel; it is important that we have these tough conversations about controversial issues.  These issues all too often represent the proverbial elephant-in-the-room that is never discussed.  Did Michael Dunn shoot and kill Jordan Davis because of his race or because he was listening to “thug music,” or “rap crap?”  Possibly.  Dunn’s attorney held a press conference the other day, in which he discussed how he specifically did not refer to witnesses by their gender or race.  I suppose that was his attempt to keep these issues out of the case.  However, these issues, along with a litany of other issues, are important to this case.  In fact, any person knows that a party’s age, gender, race, height, weight or other similar factors can be very important.  These issues can underscore motive, or intent or reasonableness.

Jury Deliberation

The jury has had the case and has been deliberating for just over 20 hours.  The jury is comprised of 12 citizens—7 females and 5 males.  Both parties were involved in the selection of the jury.  Both sides were able to strike potential jurors for no reason; they were also allowed a certain number of strikes for specific reasons, which the judge granted or denied.  I participated in a civil jury trial last year, and I can assure you that no party gets every person they want included on the jury.  It is an exercise in compromise.  In the end, you settle for a group of people who you hope will make the right decision based on the law and evidence presented during the trial.  You hope that the group of individuals charged with this great burden will make an unbiased decision.  To be completely honest, I believe asking people to leave their biases at home is impossible.  Therefore, it is an imperfect system, but it is the only system we have and you only hope that justice will be served.

The Verdict

Once the jury has finished its deliberations, I sincerely hope they reach the right decision.  The jury has three decisions it can reach in this case—guilty, not guilty or, in the alternative, there could be a hung jury.  Based on the presentation of evidence, it is fairly clear to me the decision the jury should reach.  However, the jurors are not lawyers, and honestly may have difficulty comprehending the complex legal issues and arguments advanced by both sides.   Both sides have done their best job in presenting their case in the most persuasive manner.  The prosecution has the burden of proving each element of the charges beyond a reasonable doubt.  That is a very high standard that means—no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

I hope it is clear from this blogpost where I stand with respect to this case.  The State of Florida has dealt with a number of murders of unarmed, African American teenagers recently.  In the minds of many people, the criminal justice system has failed them.  When people feel that way, it becomes very difficult for them to have faith in a system.  Many people are still upset about the George Zimmerman verdict.  Sometimes it only takes a small straw to break the camel’s back; I hope a bad decision in this case would not represent that straw.  I hope the citizens of Florida would not react much as the citizens of California reacted after Rodney King’s assaulters were essentially exonerated.  I pray that Florida does not burst into a state of violence, but I would not be at all surprised if violence ensues after an unfavorable outcome.





Peace

Tuesday, February 11, 2014

L.A. Lakers: Which Direction Should They Go?

My boy CTO and I (SOM) are at it again.  This time we will be discussing one of the most famed franchises in all of professional sports, The Los Angeles Lakers.
 
Kobe's Legacy (CTO)
 
The Los Angeles Lakers have the second most NBA Championships since the NBA formed in 1946. More recently, the Lakers have only missed the playoffs twice since the NBA-ABA Merger in 1976 (in 1993-94 and 2004-05). It is almost a foregone conclusion that this year will be the Lakers’ third trip to the NBA Lottery in nearly forty years. This is both a sign of the Lakers consistent excellence and their current state of ineptitude and uncertainty going into the 2014 offseason. As the 2013-14 Lakers continue to lose games in record fashion, pending offseason looms as a glimpse of hope for next year’s team to return the Lakers to familiar glory. However, the future is both bright and murky as the Lakers only have two players signed for next season: Kobe Bryant and a 40 year old Steve Nash.
 
The current Lakers are defined by Kobe Bryant; the elder statesmen in the NBA and the Lakers. Kobe remains the constant sign of Lakers success and past glory in the midst of current turmoil. And while Kobe has accomplished more than any other player from his draft class (1996 NBA Draft), his résumé remains incomplete: Kobe still wants to catch MJ for his sixth ring (not likely in the LeBron era) and he is chasing Kareem for the NBA All-Time career points record (He would need to average better than 20 ppg for 4 years to get there). Kobe’s injuries have derailed this Lakers season and his chase for immortality. Kobe desperately wants the chance to play at a high level to fulfill his own personal goals and to restore Laker pride.
 
Kobe's Future (SOM)
 
Close your eyes and think about the L.A. Lakers franchise.  Okay, now open your eyes—if an image of Kobe Bryant did not pop into your mind, I do not know which planet you have lived on the past 17 years.  Kobe = Lakers.  He recently signed a contract extension worth 48 million over a two-year period. The term “overpaid” normally would not apply to Kobe.  However, this recent deal has drawn the attention of Phil Jackson who stated that Kobe is overpaid.  Kobe signed the deal before fully recovering from a ruptured Achilles tendon.  Then, Kobe returned to the Lakers’ lineup for a few games.  His return was highly anticipated, but his performance was underwhelming, which was consistent with a man who had not played an NBA game in a number of months—he was rusty. 
 
I usually don’t bet against Kobe because he usually defies the odds.  However, Father Time is undefeated. I do not think Kobe will be able to carry the Lakers on his back as he once did.  He will be able to carry the team for stretches here and there, but the Lakers need to sign a bonafide number one option.  They have to move forward.
 
LA's Chances of Landing a Big Name F.A. (CTO)
 
However, all conversation about Laker pride and Kobe’s future must focus on the 2014 offseason. The Lakers have a lot of salary cap space and they plan to use it to sign at least one max player to play alongside Kobe. The city of LA attracts stars and the Lakers front office will try to recruit 2014 free agent stars to LA: LeBron, Carmelo, D-Wade and Chris Bosh headline this year’s free agent class. Other key free agents include: Lance Stephenson, Rudy Gay (Player Option), Spencer Hawes and even Pau Gasol (not likely to return to LA).
 
Many free agents may not want to deal with the hysteria/fanaticism of Lakers fans and play alongside an aging Kobe Bryant (36 next year) coming off another injury. Kobe’s new contract extension also insures Kobe will end his career as a Laker. Thus, top Free Agents will have to link their basketball careers with Kobe. Kobe still has goals to accomplish and many of his career goals may not attract a maximum contract caliber player to sign onto playing four plus years with a Kobe chasing statistical ghosts.
 
LA's Coaching Woes (SOM)
 
The Lakers are a high profile team befitting a high profile city.  They are accustomed to winning championships.  The “Showtime” Lakers won multiple championships, as did the Kobe-Shaq teams, and then the Kobe led teams.  Los Angeles is a city of movie stars and they won’t support a losing team without a star player.  Whether Kobe remains the guy capable of carrying this team remains a mystery.  However, as long as he is in a Lakers’ uniform, I believe the fans will support him and the team.  After all, he has been a fixture with the organization since 1996.  He has delivered many memories—that won’t go without reward.
 
The Lakers have consistently attracted top tier coaches with championship pedigrees.  Pat Riley and Phil Jackson are a few names that come to mind.  With all due respect to Mike D’antoni’, his name does not belong in the same sentence with either coach.  Magic Johnson and other Lakers greats have hinted at D’antoni not being the right man for the job.  When they hire a coach with a championship pedigree, they will be able to move forward in true Laker fashion.  Until then, they will struggle to win and attract top tier players.     
 
The summer of 2014 will be one of the biggest summers in the history on the Los Angeles Lakers’ storied franchise.
 
Peace