I am sad. The sky weeps for me onto my window. I didn’t intend to be. I had no expectations that any cop would be charged in the murder of Breonna Taylor. And yet, my tenuous tie to Louisville, my birthplace, always evokes a special association for me. My ears perk up at the word, even though it ceased to be my home when at 4, we escaped segregation. Charging one cop with reckless endangerment of Breonna’s neighbor, the meager outcome from the Louisville grand jury, was something but it’s a mirage, a bone fed to the public that is meant to say that the Black AG, Daniel Cameron, is on the side of truth, justice and the American way. He said as much in his public statement. The problem with the American way is that it has always devalued Black lives, even the AG’s although that fact appears to elude him. There is no other way it could be in this land of the free[white] and the brave.
After all, this AG is an elected public official who believes he’s overcome. He’s a darling of the Republican Party who spoke at their convention. He has sworn to defend the system and his spot on the convention stage suggests he’s pledged to Trump and his tyrannical rule. That single allegiance means he’s not thinking straight, because blind obedience is the absence of thought. Following a leader who acts like there is no law that isn’t subject to his whim leaves no place for justice in his agenda;
Cameron’s interest is in maintaining the current system of injustice. Floating around is his mind is the need to continue to work closely with those cops to build future cases. No doubt during his tenure, he has had to make compromises with the police to win his cases. Bouncing around in his mind are horrific crimes perpetrated on innocent victims by criminals, more likely Black ones just by reigning statistics of who’s arrested and charged. Breonna is not among those innocent victims. Those visions sit alongside the embedded police culture and legal system that supports police abuse or what they see as simply the way to fight crime. Nestled within that frame is the belief that dark skinned people commit more crimes because it’s just their nature. The police routinely “prevent” or solve crime in the place where they’ve been programmed to believe it’s committed, Black neighborhoods. Their stereotypes are reinforced by what they see around them; the parade of Black “criminals” they arrest centers all crimes in Black hands. The spectrum runs the gamut from jaywalking to broken taillights to petty theft to gun possession to murder. Forgotten are the major crimes, like human and drug trafficking, embezzlement, financial scams, drug use, robbery, rape, assault, domestic violence, drug manufacturing, murder, child abuse, illegal arms sales and white nationalist violence, only a partial list of the crimes going on daily in white communities.
Just to be clear, grand juries do not sit to establish truth as the AG said; they decide which cases should proceed to trial after evidence is presented to establish if the law has been violated. It’s now abundantly clear that trials have very little to do with truth or justice and often not even with what’s illegal. Skin color and financial status figure more prominently in the trial process than guilt or innocence, a quirk in a system that depends on police collection of evidence, legal strategies and lastly, a jury of 12 who are all too often not peers of the defendant. A quirk, no; a deliberate configuration to disadvantage brown skinned people.
It was inconceivable that any system could be worse than enslavement and the failure to acknowledge personhood. And yet, whites, in their infinite creativity to completely adapt to the hiccup of liberation from bondage, created a system that excluded Black persons from the court except as defendants to be found guilty of being Black. Blackness was established by laws against loitering or walking near railroad tracks or being insufficiently deferential. Across the South, this created a steady flow of prison labor which netted a steady income for sheriffs and profits for businesses. Simultaneously, acts that would be universally considered a crime around the world were essentially declared legal across the land; acts like indulging a murderous impulse to torture, castrate, burn, lynch, drag and shoot a fellow human being and white mobs looting and burning properties that belonged to dark skinned people.
A further adaptation to pushback court sanctioned civil rights was established through the war on crime that created special laws to allow intrusions into the lives of Black Americans. The war on crime shifted law enforcement from solving crime to preventing it, micro-targeting Black neighborhoods as the beehive of lawlessness. White communities were somehow pure and law abiding. As resources poured into advanced weaponry, surveillance and riot police, solving crimes dropped from police priorities. The dismal national case closure rate of 20-40% for major crimes has spawned a whole entertainment industry of unsolved crimes. How is it that serial rapists and serial murderers are able to literally violate multiple victims, even a hundred in some cases? The police are clearly failing at the mandate to protect the public by removing criminals from society. Part of that failure is their willingness to railroad suspects into convictions using forced confessions, planted evidence and circumstantial evidence when the evidence suggests that they haven’t committed the crime. Their investigations of whites committing the crimes listed earlier, if started at all, tend to lumber along and grind to a halt due to lack of resources. White people who are the primary victims should be outraged, and yet, they remain deluded by racist tropes that their primary concerns lie with African Americans. Those with the financial resources have simply built walls and gates around their segregated residential enclosures, hired their own security and installed cameras to build a false reassurance against the Black hordes. But they can’t protect themselves against human and drug trafficking, embezzlement, financial scams, drug use, robbery, rape, assault, domestic violence, drug manufacturing, murder, child abuse, illegal arms sales and white nationalist violence outside their security network nor provide the resources and legal authority to hold the criminals accountable. Who’s fooling who?
The Kentucky AG unequivocally established that there is no safety for dark skinned people anywhere, not in their homes, like Botham Jean, shot dead without ever making an illegal move. Not in their beds, like Breonna. Not in their cars or a park like Tamir Rice; not on a street corner, like Earl Garner; not in police custody, like Freddie Gray; not standing with your hands in the air next to your truck, like Terence Crutcher; not sitting in a fast food drive through like Rayshard Brooks. Not saving victims of a mass shooting in an Alabama shopping mall. Those are acts of police violence from the force those people were paying taxes to protect them. But vigilante actions make other places unsafe, like praying in the Emanuel African Methodist Episcopal Church in South Carolina or running on a road, like Ahmaud Arbery. When the mass murderer at the South Carolina church was taken into custody as he waited to be arrested, weapon in hand, he was taken to a fast food restaurant on his way to jail. No body slams, no takedowns, no headlocks, no knees to the neck. And this is a man who shot seven people or maybe the cops thought they were less than people because they are Black. At the same time, the shooters of Ahmaud Arbery remained unarrested, uncharged for months, with the assistance of not one but two DAs who maintained that their actions were entirely legal and thus sanctioned by the state. Is this not two different systems? Black people are reduced to nonentities. We are scared all the time everywhere.
There is a reason that some demonstrators may want to strike out violently, even as most of the violence surrounding demonstrations has come from white folks bent on violence, either from the left or the right which includes anarchists as well as white nationalists. It’s all about creating a race war. White people just can’t help co-opting what Black people do. African Americans are just tired of marching for so many years. We’re frustrated that we still have to march even as marching is clearly not enough. And we’re angry that our social contract with America has continuously been violated and there appears to be no hope that it ever will be. Those emotions have boiled over into property damage, which we know is more important to whites than our bodies. But frustration and hopelessness could lead to the kind of vigilante justice that has been such an effective tool for whites. In the wake of a persistent refusal to hold law enforcement officers accountable for murdering brown skinned people and an expanding white nationalists race war sanctioned by local police, people shouldn’t be surprised if a few African Americans move in that direction. Black people have stubbornly refused to sink to the level of whites but it’s looking like the game may soon be over. It’s not right; its desperation.
Accountability, that’s what’s missing. Police can do whatever they damn well please, without penalty.
What? Hopelessness in the light of so many sympathetic statements from industries and corporations hungry for Black dollars but concrete changes in hiring practices aren’t even being planned for. Many say they’re “looking at it” but looking at it has generally meant waiting until the spotlight moves on to something else and quietly maintaining the status quo. Since all institutions are infected with racism, concrete changes in their processes and procedures must be accompanied by an unblinding of anti-Black implicit racial bias, an ongoing process, not a one time seminar and continuous monitoring to enforce accountability. The supremacy of whiteness is not gonna lay down and die; it must be constantly attacked wherever it raises its head. White people are the only people who can shed the ideas that their best minds throughout history produced. Nobody white in power is committing to that; the federal government refuses to even acknowledge that the country was founded on maintaining structural racism permanently.
This then is the system that Daniel Cameron, the Republican AG who was formerly an attorney to Mitchell McConnell, believes in, apparently without criticism. He can code switch through his statements to feign sympathy with the Black community, but he doesn’t have a message that people want to hear. He’s a victim of the misconception that his muckety muck white friends can protect him from his brown skin, but out on the road in the dark, white cops shoot first and ask questions later. In the grocery store, the clerk can’t tell he’s the attorney general which she suspects he’s shoplifting. But he probably sends underlings (or his partner, white or brown) to do those things.
Cameron is a victim of “what you see is all there is” or WYSIATI. WYSIATI is the practice of jumping to conclusions, common when people think intuitively. Humans tend to be overconfident in their own beliefs, but as WYSIATI implies, overconfidence is undeterred by the amount or quality of the evidence used to come to a conclusion. That sense of confidence hinges mostly on the quality of the story that we tell ourselves about what we see, even when we have seen very little. Just as importantly, people often fail to consider that some evidence that may be critical to our judgments is missing; thus what we see is all there is. It’s like beginning an investigation, already having a conclusion and looking only in places where information supports that conclusion while discounting other sources and everything else. Perhaps the most amazing part of this process is that it takes place automatically in the blink of an eye without our even being aware of it. Mental processing like WYSIATI and what is called the overconfidence bias guide a significant number of thoughts and actions throughout everyday life, most of the time without mistakes. But in some instances, it’s automatic nature is prone to errors that are not apparent to us. Implicit racial bias falls in that basket.
The AG in his public statement clearly wanted to support the police as he carefully laid out what he couldn’t charge the police with because they were doing what cops are supposed to do under Kentucky law. At the same time, evidence in news reports claim that the no knock warrant was obtained inappropriately on the word of an informant for a suspect that was already in custody at the time the raid was taking place. Testimony from Breonna’s boyfriend corroborated by a neighbor established that the police did not announce themselves and despite improper entry, the fact that the boyfriend was “standing his ground” as apparently only white men are allowed to do, when he fired on strangers assaulting his house, police were justified in pouring a hail of bullets into an apartment complex without a clear line of sight. Imagine if that had been a middle class loft building; it’s unthinkable; every white resident in the complex would be suing the shit out of the city for just the bullet holes in their walls. If one of them had died, the mayor would have moved a mountain to get those cops off the force! But then again, urban cops don’t make those kinds of raids in middle class neighborhoods.
But the evidence gathering in Breonna’s case was doomed from the start. The incident report, more blank than filled in, did not note any fatalities. The blue wall had plenty of time to close in on itself, to synch stories and claim loss of memory for any contradictory details. By the time the outcry demanded an investigation, any real understanding of what happened was lost or covered up. For instance, there are reports that a suspect arrested in the drug network that was the subject of the raid was offered a deal to implicate Breonna in the drug activity in exchange for a lighter sentence. Gathering evidence in this case was like struggling through a swamp dotted with quicksand.
The public will never know what evidence was presented to the grand jury, although the attorney for the family is calling for a release of the transcripts. That is unlikely to happen, although pressure from the governor may result in some compromise. But almost certainly, very little pertained to Breonna’s death, since the charge was reckless endangerment of apartment dwellers rather than the legality of police activity. Since prosecutors exclusively determine charges and who is charged, those choices dictate what evidence will and will not be presented. They don’t have to consult or explain their thinking to anyone. A grand jury can only decide on the charges from the evidence presented, both completely controlled by the prosecutor. Garbage in, garbage out.
The settlement that Breonna’s mother received is important for her financial future and more than that, an agreement to some changes in police procedures was unusual. But, that baby step should be considered in the context that the procedures used in conducting the raid on her home were the result of previous reforms. The details pieced together primarily by the press demonstrate that actions by officers on the scene can send any incident off the rails, no matter what the procedure books say. But that settlement in no way holds the officers or the police department accountable. Kentucky tax payers are shelling out those millions; not even the police department will lose a dollar from its budget.
Accountability, that’s what’s missing from the system. The defiant expression on the cop who strangled George Floyd with his body weight transferred through his knee into Floyd’s neck says it all. He knew he was impenetrable, he’d already survived another shooting complaint. Police can do whatever they damn well please, without penalty, except maybe a few weeks of desk work or leave without pay. Even when they are fired, they can go on to another job in a different district or be reinstated per union contract. For those who’ve faced trial, the police union is covering their legal bills. Only 3 or 4 in the recent past have been convicted and they were people of color and a woman. Juries seem more willing to sacrifice the minority cop; they have more trust in their heroic white man in blue to keep them safe. These juries are almost all white and made so as part of the defense strategy; these lawyers know how to play to racial biases.
In the case surrounding Breonna’s death, were there no penalties for violating police procedures? Failure of the police to announce their presence, the incomplete incident report, the failure to report a fatality, the offer of a deal for false testimony about Breonna and its cover-up, irregularities in obtaining the warrant, failure to communicate that the suspect was already in custody and whatever else has not been disclosed. It’s a veritable clusterfuck of mismanagement that, because these are people who shoot bullets, resulted in the death of an innocent woman, not just a minor mishap.
No, justice for Breonna Taylor was never possible in the US criminal injustice system where Black lives are lost at the hands of the police regularly. But her case may provide a road map for points of intervention to begin to change that. Not just changes in priorities in police budgets, because some funding must be shifted from military weaponry and maneuvers into flipping anti-Black racism in the police departments to anti-racism. The legal profession, judiciary and their associated staff must be included in that effort as well. Those who can’t make the switch will have to seek employment in other fields. But the road map to a fairer justice system is the subject of a blog discussion in the near future.
On September 27, 1958 Citizens of Little Rock Arkansas voted to close public schools rather than integrate.