Black lives matter

Jamycheal Mitchell

Jamycheal Mitchell

On April 22, 2015, Jamycheal Mitchell, 24, a schizophrenic, walked into a 7-11 in Portsmouth, and took a Mountain Dew, a Snickers bar and a Zebra Cake.

The value of these three food items was $5.05.

He was charged with trespass, and petit larceny, misdemeanors.

What do you think his bail should have been?

Whatever you think, you likely got it wrong.

He was denied bail entirely, and held in custody at the Hampton Roads Regional Jail, according to the Portsmouth Case Information System.

Every person accused of a crime, particularly a misdemeanor, has a constitutional right to be released on bail if they are not a risk to themselves or to the community.

There is no indication that Jamycheal posed any risk when arrested.

But the Magistrate denied him bail, and kept him in custody.

Jamycheal wasn’t released from jail a month later.

Instead, Judge Morton V. Whitlow ordered Jamycheal to be transferred to the Eastern State Hospital since he was deemed incompetent to stand trial on the misdemeanor shoplifting charges, and presumably remain there until he was competent to stand trial.

If that sounds bizarre, this Dickensian nightmare for Jamycheal and his family was hardly over.

Nor would it end anything like Victor Hugo’s famously wronged fictional inmate, Jean val Jean, who stole a loaf of bread, rather than a Snickers.

There was no room at Eastern State for Jamycheal. So he remained at the Hampton Roads Regional Jail. In fact, Jamycheal was never taken to receive any treatment.

Jamycheal reportedly paced his cell naked, ate little or nothing, lost weight, and had no visitors.

On July 31, 2015, when he appeared before the court, he was visibly thinner, his face emaciated, but the Court simply reiterated his earlier direction, that Jamycheal be transferred to the Eastern State Hospital.

Having seen Jamycheal in court on July 31, 2015, a least one family member reportedly called the jail and asked that he be transferred to the emergency room. But that didn’t happen.

On about August 17, 2015, Jamycheal was dead. Continue reading

Full court press

President Ronal Reagan nominated 9th Cir. Court Judge Anthony Kennedy and he was confirmed unanimously by the US Senate in 1988 – a presidential election year

President Ronal Reagan nominated 9th Cir. Court Judge Anthony Kennedy and he was confirmed unanimously by the US Senate in 1988 – a presidential election year

The Republican Majority Leader of the U.S. Senate, Mitch McConnell, and the Republican Chairman of the Senate Judiciary Committee, Charles Grassley, both insist that a nominee to the U.S. Supreme Court should not be approved in a presidential election year and they insist instead that the nation wait until the next President is elected, about nine months from now.

Nonsense!

Both Majority Leader McConnell and Chairman Grassley approved and voted for President Ronald Reagan’s Supreme Court nominee, Circuit Judge Anthony Kennedy, in a presidential election year, 1988, when President Reagan was a “lame duck.” (You may want to listen to what Chairman Grassley said in 1988 at Judge Kennedy’s confirmation hearings – http://www.c-span.org/video/?c4580671/grassley-supports-kennedy).

The vagaries of when a presidential nomination may occur has no bearing on what the constitution requires.

Especially when there have been 13 other Justices approved in presidential election years in our nation’s still young history including Justices Oliver Ellsworth (1796), Samuel Chase (1796), William Johnson (1804), Philip Barbour (1836), Roger Taney (1836), Melville Fuller (1888), George Shiras (1892), Mahlon Pitney (1912), John Clarke (1916), Louis Brandeis (1916), Benjamin Cardoza (1932), and Frank Murphy (1940).

The Senate’s refusal to meet its constitutional obligation has allowed us to see how the independence and function of the Supreme Court shall be compromised. Continue reading

Why do we war in the Mideast?

unknownsoldierI have heard it said about Lahore and Brussels and Paris and New York that the reason the “terrorists” attack “us” is that they hate “our way of life.”

I don’t think that’s it at all. Yet, this explanation is repeated after every one of these tragic attacks.

I don’t think a man, no matter his religion or ideology, blows himself up because he envies us, acting out a terminal case of Freudian status-envy.

An obvious explanation, the terrorists offer, is that they bomb our innocent civilians because we’re bombing their women and children in the mid-East.

After the tragic 9-11 attack, we recovered computer records from an al-Qaeda office in Kabul. Al Qaeda calculated that, after the 9-11 attack, we’d either withdraw from the Muslim world, or launch a massive invasion that would drain our treasury, and force America to leave the Muslim world anyway. We charged into Iraq, took out Saddam Hussein, kind of left, and thus made ISIS possible.

It is my hope, therefore, that our councils at the so-called “defense” department, the CIA, NSA, HSA, and when all those acronym-laden experts gather at the White House, that they’re discussing something a lot more nuanced than how terrorists envy our way of life.

We can’t make decent foreign policy decisions based on BS “intel” that “terrorists” envy our burgers, reality tv and sprawling malls.

You have to suspect, that this line is meant only for our consumption, so we don’t ask why we’re really in the mid-East.

The powers that be assume most Americans have no idea where Belgium is, and a vague sense it has something to do with waffles.

The Economist said last November that Belgium has “a scabrous reputation as an incubator of jihadi ideology and a paragon of law-enforcement incompetence.” I’m not vouching for the foreign coverage. But is anyone reading this stuff? The Economist knew something was likely coming. And it did. But still Brussels was caught Flemish flat-footed.

The public has to be informed at home that what’s going on, prompting terrorism, is so much more complicated than nation-state envy?

Let’s level with the American people. Why exactly are we fighting in the Middle East? Is this an extension of dollar diplomacy, of securing mineral rights, of taking oil, of hegemony in the region, of exploiting a political vacuum we caused when we charged into Iraq, of securing Israel, of honoring commitments to Turkey (against Syria). Why are we there?

It’s hard to swallow the oft-cited claim that, “We’re just there to help the innocent women and children,” when we are dropping bombs on them with quite a bit less precision than you’ve grown to expect watching the current blockbuster action flicks.

Nor can we ignore that we have our latter day Crusaders who believe this is a holy war against Muslims. Save us!

No matter what is our true rationale, we should understand that when we drop bombs on population centers and strike civilians in the mid-East, we can expect that violence to come back on us, in Europe, Pakistan, and the United States.

The “terrorists” are curing the world of the sanitized TV version of the mid-East war, as a distant encounter that need not concern us, by concerning us, by bringing the fight to those nation-states, mixing into the centuries of religious wars they’ve endured. The cliché applies – “What goes around, comes around.”

So, it would be really good to define why we’re at war, for Aristotle said, nothing improves your aim like having a target, and if we can’t say why, we should get out of it.

Lighting the fire

[John P. Flannery appeared before the BOS on St. Patty’s Day to argue for full funding - https://youtu.be/QChPkkF0xo0

John P. Flannery appeared before the BOS on St. Patty’s Day to argue for full funding

There was an Irish poet, William Butler Yeats, who wrote that education is “not the filling of a bucket but the lighting of a fire.”

What should we spend as a government to spur a child to learn, and perhaps to “catch fire?”

Last year, we had a public discussion about full funding for our schools, and yet, here we are again, after an election, seemingly surprised that it’s going to cost us more again to get it right, and we are debating, once more, “Should we fully fund our schools?”’

Of course, we should. Spend the 2 cents!

We are prepared to fully fund everything else in the budget, at $1.15, but we’re hesitating about spending the funds on education, at $1.17, begrudging the 2 cents.

Our County invited families from far and wide to come to live with us in Loudoun County, and promised services if they did so.

Are we now going to say, forget it? Continue reading

Eat local

Paul Mock's Lettuce

Paul Mock’s Lettuce

Increasingly, folk want to eat local, safe, fresh, organic greens and meats with no additives or pesticides or antibiotics or GMOs for fear of what is known and yet unknown about their effects.

While runaway development everywhere threatens this effort to go green and fresh, pricing small farmers out of the market, nevertheless, the public appetite for good and better food is growing, and people are prepared to pay more to eat better.

At a Rural Innovation Confab in Winchester last Thursday, Lovettsville’s goat cheese meister, Molly Kroiz, said “real cheese tastes better, and people are tired of eating Kraft singles.”

Molly said cheese is a “combination of science and art” and allows for experimentation that lends a pleasurable flavor from how you make it, and where it’s made. Molly’s place is a farmstead meaning that she milks the Alpine goats, who forage on her rich pasture, and at this same farm, her husband Sam and she make the cheese. Molly said, “This quality is called, ‘Terroir,’ the taste of place.”

Some talk as if California is a “local” market, but a market truly local allows a farmer who favors craft to produce food that can be distributed close to the farm and consumed fresh. Continue reading

The desperate candidates – and their party

gopPresDebateWhen did the Republican presidential primary become a Bravo Reality TV series – “the Desperate Candidates?”

We have trash talk from a bombastic billionaire developer, Donald Trump, putting down the “Republican Establishment,” and those, who he convincingly says, are his “establishment” competitors.

In the latest round of churlish misconduct, Trump blasted one opponent based on his height (“little Marco”), countered by the charge that Trump was a crook (“con man”) according to Senators Marco Rubio and Ted Cruz, prompting Trump to come back on Senator Cruz (“lying Ted”), and Senator Rubio’s toe-curling grammar school innuendoes followed, knocking Trump’s face, hair and, the most controversial, Trump’s sexual prowess (“small hands”), causing Trump to offer a national on-air description of his private body parts (“no problem there”).

In Loudoun County, despite Senator Rubio’s “below the belt” rhetoric, he was enthusiastically invited to Patrick Henry College to rally his true believers at a school founded “to impact the world ‘for Christ and for Liberty.’”

At the rally, Senator Rubio promised to compromise the medical care anyone was receiving under the Affordable Care Act, to step up the war on terror, to keep Guantanamo open and to “find out everything they [the prisoners there] know,” without saying precisely how he’d make that happen within the law and “as a devout Christian.” Congresswoman Barbara Comstock touted Rubio as “the most conversant on all of the top issues of the day.”

The Republican presidential candidates, including those deeply mired in this dehumanizing dialogue, undeservedly affect a moral superiority as compared with Trump. Continue reading

Begin the world over again

mlkMarchingTom Paine wrote that our new nation had the opportunity “to begin the world over again.”

This election year, voters seem to want to do just that – but the ratio of incomprehensible noise to common sense has been five to one.

The Reverend Martin Luther King said, “Let us be those creative dissenters who will call upon our beloved nation to a higher destiny, to a new plateau of compassion, to a more noble expression of humaneness.”

When marchers walked on Martin Luther King’s Day from the court house to the school house. the diverse community of warmly bundled marchers, were conscious that their only inconvenience was the wind and weather.

The march in Selma, Alabama, however, was conducted at some risk, and helped to win the voting rights legislation in 1965.

Selma succeeded because, as King described it, a “stubborn sheriff” acted so wrongly in handling that protest, he “stumbled against the future.”

The Reverend King was focused on what was just and fair, on equality, and the guide for his activism was the non-violence of Jesus and of Gandhi.

After Selma, King said that, “Occasionally in life one develops a conviction so precious and meaningful that he will stand on it till the end. That is what I have found in nonviolence.”

Anticipating his own death, King said in the Ebenezer Church in Atlanta, that he identified with those who were poor and hungry and, “[i]f it means dying for them, I’m going that way, because I heard a voice say, ‘Do something for others.’”

The challenge for our nation, in his mind, was human rights. Continue reading

Unprotected text

iosEncryptionIf you have a cell phone with robust encryption, it may deny entry to unwanted intruders who wish to rifle through your most personal information.

Our government prefers to be opaque when it comes to telling us what it’s doing, and yet is astonished when we cherish personal privacy, and defend it with various tools including encryption.

According to former CIA analyst, Edward Snowden, a fugitive somewhere in Russia these days, our government didn’t ask permission or authority when it invaded our Google and Yahoo accounts, nor when the NSA helped conduct global surveillance programs in conjunction with pliable Telcom companies and foreign governments.

When we were a collection of colonies, English authorities sought to enforce the tax laws using “writs of assistance” to enter any house they chose, to look for “contraband,” and to demand that you help them to invade your privacy.

When we won our revolution, we wrote a bill of rights to guard against these unwarranted invasions.

But now our privacy can be compromised without physically entering a home, given modern technological “progress.”

Aldous Huxley wrote, “Technological progress has merely provided us with more efficient means for going backwards.”

In a fairly recent Supreme Court opinion, Riley v. California, Chief Justice John G. Roberts Jr. wrote that ninety percent of Americans have cell phones and they contain “a digital record of nearly every aspect of their lives — from the mundane to the intimate.” Continue reading

Why doesn’t Loudoun have a drug court?

John P. Flannery was a federal drug prosecutor in the Southern District of NY, and has served on various drug task forces]

John P. Flannery was a federal drug prosecutor in the Southern District of NY, and has served on various drug task forces]

There is a frenzy among elected officials, seeking to discourage drug use and addiction, including street heroin and prescription drugs, but they mostly bypass drug kingpins, and go for arrest stats instead, chasing the victims of the drug trade, the addicted.

Our current law enforcement policies come awfully close to criminalizing an individual’s status, as an addict, when we know well an addict likely can’t help himself, and may commit other crimes to afford his fix.

In the case of prescriptions, law enforcement resists the critical and fine distinction that a chronic pain patient may be dependent on pain medication to function and the treating doctor is healing rather than dealing prescription drugs. As a former federal prosecutor from New York, I learned early on that drug dependency would never be solved by prosecuting the victims. But it’s easy pickings to criminalize young users and addicts.

There is a partial solution to our drug problem in this County and it’s a Drug Court.
When this was proposed years ago, the County Board of Supervisors said they didn’t want to coddle these “criminals.” In recent days, Republican Delegate Randy Minchew introduced a bill (HB 180) in the General Assembly to create a Drug Court for the City of Winchester, and the Counties of Frederick and Warren, but not for Loudoun. Why is that? Continue reading

Don’t go near that water

pastor Guy Johnson

pastor Guy Johnson

The lead infused water crisis in Flint, Michigan has inspired Pastor Guy Johnson, who does outreach for the Loudoun Soil and Water Board in Loudoun, to raise funds to help the children and their parents in Flint.

“This is an issue of human rights,” said Guy, “Clean water is a human right, not a privilege. Poisoning our citizens is not acceptable. If ISIS had done this, it would be called ‘terrorism.’”

In April 2014, Governor Rick Snyder’s Emergency Manager overrode Flint’s Mayor and the City Council, switching the water supply from the Lake Huron water treated by the Detroit Water and Sewerage Department, to the Flint River, so they could cut costs; Snyder’s Manager didn’t spend a dime to add chemicals to the Flint river water to offset the water’s corrosive effect; as a result, lead leached from water pipes and fixtures into the tap water the citizens drank.

Lead is toxic, not safe at any level in humans, and can cause nervous system damage, stunted growth, kidney damage and delayed development; its effects are most severe on developing brains and the nervous systems of children and fetuses; it can effect reproduction among adults; it is a likely carcinogen.

It is estimated that 8,657 children in Flint drank this toxic tap water, and there is no estimate how many pregnant women living in Flint, or who visited Flint, also drank the water.

Guy said, “I’m angry because these children are doomed to a life of unrelenting medical care. How is it that, in 1978, we took lead out of paint, but we have lead in water in 2016? That’s why I’m raising this money, to help these poor people.” Continue reading