Guarino

The GPD Sexual Assault Case: Gender Politics vs. Racial Identity Politics

The News and Report this morning reports regarding the decision by Simkins District Attorney Douglas Henderson to refrain from prosecuting on the matter of the alleged GPD sexual assault incident.

Let's examine some of the information in the article.  I will provide excerpts and analysis:

A written statement from District Attorney Doug Henderson said his office decided against bringing charges after reviewing the investigative report and the lab tests from the State Bureau of Investigation.

"Significant factors considered in arriving at this decision include the intoxication or impairment of the complainant, the delay in filing the complaint, the delay in seeking a medical examination, and the absence of supporting physical evidence," Henderson's statement said.

It was always questionable whether the allegations made could be proven beyond a reasonable doubt in a court of law.  It had been strongly suspected that the complainant was intoxicated; and in fact, this was the supposed reason she was picked up by the police that fateful night-- to give her a ride home after a night of partying at a nightclub in the Four Seasons vicinity.

The delays in filing a complaint and in seeking medical examination also would be understandable if she were drunk.  We should remain mindful, however, that the GPD's delays with respect to investigating this situation after it was reported were glaring.   The reduction of this case to a "he-said/she-said", for various reasons, made it much more difficult to prosecute.

Remember that Henderson long ago promised that his office would have a determination in a matter of a couple of weeks.  It took much longer.  Why?

Henderson could not be reached for comment Friday, but the district attorney's statement said his decision does not mean his office believes the three on-duty police officers acted appropriately or that they abided by police department regulations. His office said those issues will be taken up by an administrative review within the Greensboro Police Department.

This incident occurred nearly five months ago.  The GPD has had ample opportunity to review this matter internally.  It is hoped that this situation is not dragged out further unnecessarily.

But let us consider the implications of Henderson's statement.  The female in this case-- the alleged victim, the accuser-- is reported to have been drunk to the extent that she received a ride home from on-duty police officers.  And she was an off-duty police officer.  Is it considered acceptable for off-duty GPD officers to exhibit public drunkenness to the extent that they require a ride home from fellow police officers?  I hope not, but with this police department, it is hard to know. 

In any event, Henderson's statement seems to place an obvious obligation upon Chief Bellamy to take serious disciplinary action against the female officer.  Whether that will happen is another matter entirely.  In the recent past, allegations of sexual assault and rape are treated politically according to a different standard than other crimes.  The operating premise is that women never lie when they make such allegations, that their allegations must be regarded as true.  Of course, that is a faulty premise, but that has been the state of our gender politics.

So Chief Bellamy has a huge problem on his hands.  Henderson's statement seems to create an obligation to take action against the female officer.  But the ground rules of gender politics is that she is the aggrieved victim, to be reflexively believed.  There is no easy way for Bellamy to resolve this quandary. 

This dilemma Bellamy faces is accentuated by the fact that any administrative determination he makes is not governed by the criminal standard of "beyond a reasonable doubt".  Instead, he merely needs to make a determination of greater-than-50%-probability in order to take disciplinary action against the male officer(s) or the female officer.

One theoretical outcome is that both the male officer(s) and the female officers could be seriously disciplined.  But for some reason, that seems unlikely.  Henderson discussed a lack of evidence against the male officers.  But one key factor is the issue of gender politics.  And another, of course, is racial identity group politics, which governs the city of Greensboro.

"I know that it will be handled correctly, whatever the next step is," Councilwoman Goldie Wells said. "I am sure that Chief Bellamy will handle it the right way."

City Councilman Robbie Perkins said: "I have full confidence that he'll make a decision that is fair, just and based on the procedures already in place at the police department. And that decision will be based on facts and evidence, not rumors and innuendo."

It is unclear how Wells knows that Bellamy will handle it the right way.  And it is unknown upon what basis Perkins expresses confidence in the Chief's decision.  Together, Wells and Perkins represent the Melderec con Simkins majority on the City Council.

At this point, we should be reminded of some details.  One of the accused male officers in this matter, Allen Wallace, was among the group of black officers reportedly assembled by Mitchell Johnson, Linda Miles and Joe Williams to hurl accusatory questions against former Chief David Wray at a meeting assembled during August of 2005.   And I have been told he also was one of the officers who initially disseminated allegations or concerns regarding the "black book". 

The black male officers are members of a group that has previously been protected politically in the city of Greensboro.  In view of this fact, it would be remarkable if Bellamy were to take serious disciplinary action against them, particularly in view of Henderson's statement regarding a lack of  evidence.

This is not the only time we are seeing a tension between gender politics and racial politics.  In fact, the Democratic presidential primaries are a prime example of this phenomenon.  And it appears that, at the national level, gender politics will not prevail.

If I had to make a prediction at the local level in the GPD assault case, I would have to guess that gender politics will not prevail here either-- even though the three Simkins members of the City Council are female.  Racial politics might very well trump gender politics-- surprise, surprise-- in the city of Greensboro.  And Henderson's statement seems to  foreshadow that outcome.  But I am not sure, and we shall see in the long run.  I hope the City Council releases all possible documents on this matter to maintain public confidence. 

Finally, consider the following scenario-- that the female officer is severely disciplined, but the male officer(s) are not.  Again, the politics would seem to dictate that this outcome not be reached.

So it seems entirely possible that none of the officers will be disciplined in a serious way.  Again, we shall see. 

Mike Barber spoke strongly on this matter as quoted in today's article.  But unfortunately, for practical purposes in this case, he is a member of the minority. 

The citizens of Greensboro, however, should be extremely concerned if this matter is swept beneath the rug.

 

 

Cops in Black and White, Part LII

Jerry Bledsoe continues his series in the Rhino Times with a discussion of Risk Management Associates' (RMA) work on behalf of the city of Greensboro.  The following is a synopsis, and will omit some material covered during previous installments. 

A draft of the city legal report, prepared by ToNola Brown-Bland and Blair Carr, was completed by the end of October, 2005.   The date on RMA's initial contract with the city was November 10, 2008.  RMA billed the city, however, for work ostensibly performed during October.  It has been alleged that RMA had some involvement with the city legal report, but it is unknown what role precisely was played.    Its initial  review of the report, however, was completed on November 3, and a "thumbs up" was given.  The city legal report made reference to some of RMA's erroneous conclusions.

Bledsoe said that later evidence showed that the interviews conducted by Carr and Brown-Bland were not thorough and unbiased.

A couple of weeks were then spent by RMA performing background investigations and inquiries.  Then the confrontational interrogations and polygraphs of Wray and his men would begin.  The contract with the city only described review and analysis of interviews and documents, but RMA went much further.  And it was clear RMA was not able to comprehend such a complex matter in such a short time frame.

Bills were submitted to the city on a nearly monthly basis.  The total amount paid to RMA by the city was in excess of $147,000.  This included the pointless, futile work performed to investigate the leak of a city council member's copy of the RMA report, to the tune of more than $33,000.  At one point it was demonstrated that RMA had overbilled the city.

Much has previously been made of the fact that outside law enforcement officers had concerns regarding Wray's methods.  But it turns out that Mitchell Johnson contacted them-- not the other way around.

Bledsoe explains that the city legal report began with the investigations of James Hinson and Julius Fulmore, but also covered David Wray's management practices.   He outlined in detail the major sections of the report. 

Said Bledsoe: "With this report the city builds a civil legal case against itself for discrimination against black officers, particularly in Part V.  The findings appear to have been designed for that purpose and to ensure cash settlements for black officers... City Council sources have said that the number of black officers filing complaints is now more than 60.  Lawyers for some of the officers have asked for settlements of $300,000 for each officer, the sources say, but some officers are demanding more.  Although no racial discrimination has been proven, city councilmembers already have held closed discussions on settlements.

"If trials were held based on the city legal report, those findings might be easily undermined, because the report is rife with inaccuracies, inapt comparisons, false conclusions, misstatements and critical omissions."

A Train Wreck on Staten Island

It is apparently a sad day on Staten Island.

Congressman Vito Fossella, the Republican who inherited the seat previously held by my cousins Guy and Susan, was arrested for drunk driving in northern Virginia one week ago.  According to another report I had seen, it started with some festivities.  He was celebrating with some fellow Staten Islanders on a night the Super Bowl champion New York Giants were being feted at the White House. 

He reportedly will have to do some jail time because of the DUI.

Fossella told the northern Virginia police when he was arrested that he was on the way to see his daughter.  It turns out he had fathered this daughter during the course of a prolonged extramarital affair.  He also has a wife and children on Staten Island. 

A news report describes him being trailed by the media as he attended his son's confirmation yesterday morning.

I did not know Fossella because he emerged politically long after I moved south.  When I was a teen, his father, also named Vito, was the New York City ferry commissioner-- under Mayor Beame and Mayor Koch, by my recollection.  I knew Fossella's older sister, who was in my high school class.

This is an enormous personal tragedy for Fossella's wife and children.  They were apparently let down in a number of serious ways.

This episode also may result in the loss of another Republican seat in the House of Representatives.  The congressman's political future appears, at best, uncertain.

(Sigh.)
 

Bill Clinton in NC: The Old Gray Mare

Once upon a time, there was a dashing young southern politician who, in spite of his questionable past, swept the nation off its collective feet.  He and his running mate-- another dashing young southern politician-- put on a great show touring the country by bus and capturing the imagination of female voters.  They wrestled the White House from an incumbent president.  The year was 1992.

Sixteen years later, the dashing young southern politician decided that he wanted a third term, and the best way to achieve it would be to help his wife become elected president.  He wanted it badly.  When he reached the state of North Carolina-- a critical primary deep in the campaign season-- he visited and spoke at 10-12 small towns daily.  That is quite a strenuous pace.  Try it some time.

The problem is that he was no longer dashing nor young.  He no longer fired up the imagination of the masses.  In fact, he oft appeared a bit... older.  And the competition was more youthful and appealing to the young than he was.

Recall the old folk song:
         
          Oh, the old gray mare, she ain't what she used to be,

Ain't what she used to be, ain't what she used to be.

The old gray mare, she ain't what she used to be,

Many long years ago.

Many long years ago, many long years ago.

The old gray mare, she ain't what she used to be,

Many long years ago.

In the eyes of the Democratic faithful, the old gray mare once was the epitome of leadership and enlightenment.  They would marvel at his wonkish ways, and exult over the victories he seemed to provide for them.  They arose to his defense-- again and again and again.  They celebrated the correctness of his political positions, and the fact that he helped them prevail over the opposing party.

In the op-ed pages, his supporters in the media and from within his party back then even claimed that his extramarital interests gave him some kind of competitive, psychological edge.

This year, the plan was for him to capture the hearts of conservative Democrats in small town North Carolina.  But in spite of the fact that his competition was going through a rough spot politically, he could not bring home the vote in that state.  Unfortunately, small town southerners were wise to his ways long before the rest of the country, many years ago.

He had a surprising grip on the machinery of his national party long after he left the presidency.  This was in anticipation of his wife's run for the White House.  But if his opponent-- Mr. Obama-- is nominated, then he loses all of that influence.

So it is not merely a matter of his losing another shot at the presidency.  It is also a matter of losing clout and influence within the national party-- which had already been slipping through his fingers to some extent.

So the old gray mare-- who at one time in the eyes of his party faithful and the media could do no wrong, who once was felt to be the embodiment of smart leadership, who once could almost single-handedly propel the party to victory-- ain't what he used to be.

The question is whether he keeps on trying, or whether he succumbs to the reality that is unfolding.

Elections and Schools, Guilford Cty.

Some of the biggest disappointments this evening come in education-related races and ballot questions.  The passage of the non-Eastern school bonds-- together with other bond packages passed-- promise significant tax increases for Guilford County residents, on top of those we would ordinarily experience nearly every year.  It also means massive additional sums will be wasted in the school construction process.

And in addition, Sanda Alexander and Michael McKinney-- arguably the two least desirable candidates-- appear to be the top two vote getters in the school board race.   It is a bit difficult to understand some of the school board results.   For instance,  David Crawford is polling ahead of EC Huey and Alan Hawkes-- two much more substantive candidates.  In addition, Sandra Alexander is outpolling everyone else by a large margin.  This is a surprising outcome.  I am unsure whether this reflects huge wells of support she has within the education community; or whether, perhaps, voters are confusing her with Sandra Anderson.

In any case, these results are not auspicious for county taxpayers, or from the standpoint of predicting a positive transformation of our schools.  My condolences to EC Huey and Alan Hawkes, both of whom had the right ideas.

Greenways: Pluses and Minuses

There have been a number of posts recently in our local blogosphere extolling all the putative benefits of the proposed local Greenway, which is included in the Parks and Recreation bond proposal on today's ballot.

But a survey by the John Locke Foundation published yesterday suggests otherwise, indicating nearby residents complain regarding effects on crime, litter, diminished property values and decreased privacy.

The plot thickens.  Let's see what the voters decide.

5 Minute Line at the Polls

I voted at about 7:10 this morning at my precinct-- First Lutheran Church on Friendly Avenue.  There was a fair amount of activity.  It took about 5 minutes to move through the line. 

The person ahead of me was unaffiliated-- a white male-- and elected to vote in the Democratic primary.

It would be interesting to know what the lines would have been like had there not been early voting.  A brisk turn-out appears likely, but I wonder how many independents and unaffiliated voters will be voting in the Republican primary. 

Governor Easley, Jeremiah Wright and the Greensboro Pulpit Forum

Governor Mike Easley made some statements recently regarding Barack Obama's pastor, Jeremiah Wright.   Easley indicated that Wright is not representative of North Carolina African-American churches, and that the problems he created would not be of significance in North Carolina:

It's not going to -- it's not going to be an issue.

The only thing I want people to understand is that the African- American churches in North Carolina, this is not emblematic of that. They are -- they're welcoming, they're open, they're uplifting. It's based on scripture. It's about forgiving God, a good god and I don't want people across the country to get the wrong idea about the African-American churches.

I do not mean any disrespect to the Governor.  It appears, however, that he may need a brief remedial course on the Greensboro Pulpit Forum.
 

The Tuesday Primary in Guilford County

The primary is Tuesday, and I wish to summarize and recap my choices in selected races and ballot questions:

1. Governor-- Fred Smith

The News and Record endorsed Pat McCrory today.  One should keep in mind, however, that the overall orientation of the News and Record's editorials is center-left.  The race has tightened over the last couple of weeks.  I think Fred Smith is the better choice of the two to represent the values of conservative Republicans during the November election.

2. State Court of Appeals-- John Tyson and Dean Poirier

These two candidates elucidated an appropriate approach toward constitutional interpretation.  We need them on our state courts.  Otherwise, we will be more vulnerable to liberal manipulation of our state courts to achieve policy objectives.

3. County School Board At-Large- Erik (E.C.) Huey

Erik would bring a much-needed common sense conservative approach to the county school board.

4. Board of County Commissioners At-Large- Wendell Sawyer and Larry Proctor

These two individuals are the preferred candidates who will hold the line on county spending and taxes, and avoid inappropriate entanglements with special interest groups.

5. School Bonds- Vote No

This greater-than-$400 million monstrosity should be voted down.  It would be understandable if some wish to support the Eastern High School rebuilding portion, which is to be considered separately.

6. Local sales tax increase- Vote No

An increase in the local sales tax is being considered in Guilford and Rockingham Counties.  Citizens should vote in opposition because there is no commensurate property tax reduction to accompany this sales tax increase.

7. "The other bonds"-- Vote No if in doubt

There will be an assortment of other bond proposals on the ballot in Guilford County.  One or two might have some merit.  But voters otherwise should resist the temptation to vote in favor of these.  They are an automatic pathway to tax increases.

Associate Justice Clarence Thomas at High Point University

Nancy McLaughlin of the News and Record provides an excellent report this morning of the commencement address given by Clarence Thomas at High Point University.

It was good that there was no indication of any disrespect shown toward Clarence Thomas at the event.  This is in contrast with some treatment he has received at other colleges and universities to which he has been invited in the past.  He has elsewhere been the object of protests and efforts to silence him.  I am glad High Point University apparently did not follow this pattern.

Nancy did a nice job summarizing his remarks.  Some of the concepts seem to mirror those in his recent book.

The character of the man, and the austere intellectual power of his jurisprudence, is coming into better focus with the passage of time.  He is developing into one of the important historic figures on the Supreme Court.

Footnote: I hope members of the left locally do not take shots at Nancy because she did not take a confrontational, negative approach to Thomas, which would have been inappropriate for the occasion.  Remember that a couple of years ago, Condoleeza Rice visited Greensboro to speak at the meeting of the Southern Baptist Convention.  Nancy covered it in a respectful manner-- also entirely appropriate for the occasion.  Some could not resist the temptation to take shots at her for having done so.