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In NY, a Special Prosecutor for Police Killings, For Now

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In this Sept. 14, 2014, file photo, New York State Attorney General Eric Schneiderman speaks during the annual meeting of the Business Council of New York State at the Sagamore Resort in Bolton Landing, N.Y. Amid national debate over holding officers criminally accountable for killings by police, New York is giving such cases special consideration by appointing the attorney general to investigate them, for now. (AP Photo/Mike Groll, File)

In this Sept. 14, 2014, file photo, New York State Attorney General Eric Schneiderman speaks during the annual meeting of the Business Council of New York State at the Sagamore Resort in Bolton Landing, N.Y. Amid national debate over holding officers criminally accountable for killings by police, New York is giving such cases special consideration by appointing the attorney general to investigate them, for now. (AP Photo/Mike Groll, File)

JENNIFER PELTZ, Associated Press

NEW YORK (AP) — Amid national debate over holding officers criminally accountable for killings by police, New York is giving such cases special consideration by appointing the attorney general to investigate them, for now.

The move comes after police officers weren’t criminally charged last year in deadly encounters with unarmed men in New York and elsewhere. Critics pressed to take such cases away from local district attorneys, arguing they didn’t have enough professional distance to investigate and prosecute police who help them build cases.

With lawmakers unable to agree on an approach as the legislative session ended, Gov. Andrew Cuomo announced Tuesday he’d use executive power to appoint Attorney General Eric Schneiderman for a year as special prosecutor for police killings.

“I don’t believe this is the perfect alternative, but I believe it is the best alternative at this time,” said Cuomo, adding that he’d keep working toward legislation next year.

Some advocates who called for reform are praising the move. But district attorneys say it usurps a role they believe they play fairly and honorably, and relatives of people killed in New York police encounters say the temporary measure doesn’t go far enough.

“We do not want to be exploited for the sake of politics and something that has little practical impact on ensuring justice for our communities,” said the families of nine slain people, including Eric Garner, whose chokehold death in New York City last year prompted widespread protests.

Around the country, special prosecutors sometimes handle police-misconduct probes. Maryland has a permanent special prosecutor for police wrongdoing and some other cases. New York state had a special office investigating New York City police corruption from 1972 to 1990.

But the idea gained new urgency after last year’s deaths of Garner and Michael Brown in Ferguson, Missouri. Both were black, unarmed and killed in encounters with white officers whom grand juries declined to indict.

Critics questioned how local prosecutors had conducted the grand jury process, particularly after few details were made public about the Garner grand jury sessions. Extensive records were released about Brown’s case in Missouri, which has different public records laws. Nonetheless, Missouri lawmakers this year weighed — but ultimately didn’t pass — several proposals to appoint special prosecutors in police killings.

Following the Garner case, Schneiderman asked Cuomo to give him the authority to investigate deaths at the hands of police. New York City’s elected public advocate, Letitia James, and some state lawmakers pushed for appointing special prosecutors in such cases. Hip-hop impresario Russell Simmons personally pressed Cuomo on the issue, rapper-actor Common joined a New York City Hall rally calling for special prosecutors and other changes, and rap star Jay Z also met with Cuomo to talk reform.

James called the yearlong special prosecutor appointment “a major step forward.” Schneiderman said he was disappointed that the legislature had not acted but added that his office would “handle these cases with the highest level of care and independence.”

District attorneys say they do the same and the state has no business taking over a responsibility they were elected to shoulder.

“There’s this false narrative out there that prosecutors turn their heads when the accused is a police officer, and that’s just not true,” said Frank Sedita III, the president of the state district attorneys’ association. He’s the DA in Buffalo-area Erie County, where a police officer is currently on trial in a theft case.

The former Staten Island DA who handled the Garner case, now-Rep. Daniel Donovan, continues to believe DAs should handle such cases unless there’s a specific conflict of interest, his office said. Current acting Staten Island DA Daniel Master declined to comment.

Indeed, local prosecutors in Baltimore and North Charleston, South Carolina, brought cases that produced indictments of officers in two high-profile police killings this year.

___

Associated Press writer Michael Virtanen in Albany contributed to this report. Reach Jennifer Peltz on Twitter @ jennpeltz.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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