Taking Stock of the Trayvon Martin Case

COMPLICATED PICTURE: After a week of protests and media hysteria, the Trayvon Martin case has taken yet another turn as information emerges that calls Trayvon's character into question.

Yesterday was the one month anniversary of when Florida teen Trayvon Martin was shot to death by neighborhood watch volunteer George Zimmerman. If it weren’t for the work of journalists, this story would never have made national news and the U.S. Department of Justice would not be investigating the case for civil rights violations. Neither would a grand jury have been convened in Florida to hear evidence about it, nor would the Sanford, Florida, police chief have “temporarily” left his post and been replaced with a black man. But, if it weren’t for the work of journalists, the rush to judgment about the case also would not have happened.

Conflicting Accounts

In the past week, we’ve learned that Martin was on the phone with his girlfriend moments before the shooting. She has said that Martin told her someone was following him and that she heard Martin ask the man why before a scuffle broke out between them. But Sanford Police Department sources told the Orlando Sentinel that Zimmerman said Martin attacked him as he was walking back to his SUV and that Martin tried to take his gun and slammed his head into the ground.

Maligning and Defending Trayvon Martin’s Character

Conservative websites have begun to malign the character of Martin, who had been portrayed as a wholesome teen. They published pictures and status updates that they claimed were taken from Martin’s Facebook and Twitter accounts to show that he had tattoos and gold teeth and implied he sold drugs, as if these supposed facts were somehow relevant. But a website reportedly owned by conservative pundit Michelle Malkin issued an apology for publishing one widely circulated photo, saying it was not, in fact, the Trayvon Martin who was shot to death by Zimmerman. And journalist Geraldo Rivera was roundly criticized, even by his own son, for suggesting that Martins’s choice of attire was as responsible for his death as Zimmerman was.

In response, Martin’s parents held a press conference. His father, Tracy Martin, said, “Even in death, they are still disrespecting my son, and I feel that that’s a sin.” His mother, Sybrina Fulton, said, “They killed my son, and now they’re trying to kill his reputation.” The family is asking for donations to keep their fight for justice going and Fulton has reportedly filed for trademarks to the phrases “I am Trayvon” and “Justice for Trayvon.” She, of course, has been criticized for that. Martin’s friends, meanwhile, say they can’t imagine Trayvon picking a fight with anyone.

Catalyst for National Discussion

On Friday, President Obama spoke out on the killing, saying we all need to do “some soul searching” and if he had a son, the boy would look like Trayvon. GOP presidential candidate Newt Gingrich immediately pounced on Obama’s statement, suggesting the president’s comments were racially divisive. At the same time, Gingrich and fellow GOP hopefuls Mitt Romney and Rick Santorum each called Martin’s death a “tragedy,” and Santorum suggested that Zimmerman’s actions were different from those protected by Florida’s “stand your ground” laws.

On Sunday, Christians (mostly black ones) wore hoodies to church in solidarity with Martin. On Monday, New York State legislators wore them on the senate floor. Everyone seemed to be talking about having “the talk” with their black children, and people, including me, began asking why white evangelical leaders have been largely silent on the issue. Others, including one former NAACP leader, accused the Revs. Al Sharpton and Jesse Jackson of exploiting the situation.

Some, like Evangelical Covenant Church pastor Efrem Smith, wondered where the outrage is about black-on-black crime. Smith posted a series of tweets noting the lack of attention these victims receive. “A couple of months ago in Oakland multiple young blacks were victims of violent crime by other blacks but Al Sharpton didn’t come to town,” he said. Why not?

‘Justice Doesn’t Alienate Anyone’

Although Zimmerman’s friends continue to defend him and the authors of Florida’s “stand your ground” law defend it, Regent University law professor David Velloney told CBN News that if Zimmerman “was following [Martin] in somewhat of a menacing manner and he violently, or aggressively approached the teenager, then he becomes the initial aggressor in this situation and really then he loses that right to self-defense.”

I’ll give Velloney the last word on the case for now, because amidst all the discussion, debate, and hype, his comment gets to the heart of why this story blew up in the first place. People reacted to a grave, familiar injustice that was aided by an unjust interpretation of what may be an unjust law. Now that the road to justice has finally been cleared for the Martin family, perhaps it’s time we all calm down and take the words of Bishop T.D. Jakes to heart. “Justice doesn’t alienate anyone. It is truth,” Jakes told CBN News. “It is consistent with Scriptures that we investigate, and that we support the defense for all human life.” Amen to that.

Trayvon Martin and the Myth of the ‘Criminalblackman’

WE ARE TRAYVON: Thousands of protesters demanded justice for Trayvon Martin during the Million Hoodie March on March 21 in New York's Union Square. (Photo: Christopher Sadowski/Newscom)

The Trayvon Martin tragedy is perhaps the most-talked-about news story of this past week, yet a casual scan of Facebook pages and other social media suggests the outrage over Martin’s death does not extend that far beyond the African American community. That’s unfortunate, because this is a story that should upset all Americans, regardless of race, especially those of us in the Christian community.

Trayvon, an African American teenager, was walking down a Central Florida sidewalk when he was targeted by an overzealous neighborhood watch captain named George Zimmerman. Some sort of confrontation ensued and Trayvon, who was unarmed, was slain by Zimmerman, who claims he shot the 17-year-old in self-defense. The shooting has raised enough suspicions about the incident being racially motivated that the FBI and the U.S. Justice Department have opened investigations.

Trayvon’s father, Tracy Martin, told CNN, “I think that’s an issue that Mr. Zimmerman himself considers as someone suspicious — a black kid with a hoodie on, jeans, tennis shoes. Thousands of people wear that outfit every day, so what was so suspicious about Trayvon that Zimmerman felt as though he had to confront him?”

The charge brought to mind a recent college class I taught in which I was interrupted in the middle of my lecture by a student who challenged a fact I had just presented about the frequency of highway drug arrests. “I don’t believe it,” he stated. “I was in a car that was stopped once by the cops and we weren’t arrested even though they found marijuana.”

“Where were you, how many of you were in the car,” I asked, “and what races?”

The answer was that he and the four male teens were in a rural area of Ohio not far from their homes, and they were all white.

“So do you think your race and location had anything to do with not being arrested?” I asked. He didn’t.

I knew then I needed a set of facts to convey the reality that he and the other all-white class of students in my college course weren’t able to see — precisely because they were white and had never been viewed suspiciously in their hometowns because of the color of their skin. Michelle Alexander’s much-discussed book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness, provided those facts.

22 Facts That Challenge Perceptions

As we worked through Michelle Alexander’s book over the course of the next couple of weeks, my students began to rethink their assumptions about how post-racial we as a society really are, even in an era of civil rights and a black president. This happened as they began to understand the reality of what Alexander, an Ohio State University law professor, coins the “criminalblackman.” In condensed form, here are the 22 statistics from her book that — cumulatively grasped — served as the scalpel for removing the colorblind scales from my white students’ eyes:

 To return to 1970 incarceration rates today, we would need to release 4 of every 5 inmates. (p. 218)

Federal law requires that states permanently exclude anyone with a drug-related felony from receiving federally funded public assistance. (p. 153)

Inmates work in prison for less than minimum wage, often for $3.00 an hour but as low as 25 cents an hour, even though child alimony and other payments continue to accrue. (p. 152)

In the last 25 years, multiple fees have been added for those awaiting trial. These include jail book-in fees, jail per diems to cover “room and board” while awaiting trial, public defender application fees, and bail investigation fees. (p. 150)

Post-conviction fees include public defender recoupment fees, work-release program fees, parole fees, probation fees. Example: Ohio courts can order probationers to pay a $50 monthly supervision fees as a condition of probation. (p. 150)

Four of five drug arrests are for possession, not sales, of drugs. (p. 59)

More than 31 million people have been arrested for drug offenses since the drug war began. (p. 59)

There were 3,000 SWAT deployments a year in the early 1980s, but 30,000 by 2001. Driven by federal grants based on arrests, special tactic teams often act in military fashion as they “blast into people’s homes, typically in the middle of the night, throwing grenades, shouting, and pointing guns and rifles at anyone inside, often including young children.” (p. 74)

Forfeiture laws (which allow local police departments to keep a substantial portion of seized assets and cash) are frequently used to allow those with assets to buy their freedom, resulting in most major kingpins getting short sentences or no sentences while small-time dealers or users incur long sentences. (p. 78)

Tens of thousands of poor go to jail each year without ever having talked to a lawyer. In Wisconsin, 11,000 indigent people go to court without legal representation since anyone who earns more than $3,000 a year is considered capable of hiring a lawyer. (p. 83)

Prosecutors routinely “load up” defendants with extra and questionable charges to force them to plead guilty rather than risk longer prison sentences resulting from the trumped up charges. (p. 86)

Some federal judges have quit in protest over minimum sentencing laws, including one conservative judge who quit after being forced by minimum sentencing requirements to impose a five-year sentence on a mother in Washington, D.C., convicted of “possession” of crack found by police in a box her son had hidden in her attic. (p. 91)

Most people convicted of a felony are not sentenced to prison. In 2008, 2.3 million people were in prisons and jails, but another 5.1 million were under probation or on parole. (p. 92)

Even those convicted of a felony for a small amount of drugs are barred from public housing by law and made ineligible for feed stamps.  (p. 92)

By 2000, about as many people were returned to prison for parole violations as were admitted to prison in 1980 for all reasons. One can be returned to prison for any number of parole violations, including being found in the presence of another convicted felon. (p. 93)

“Although the majority of illegal drug users and dealers nationwide are white, three-fourths of all people imprisoned for drug offenses have been black or Latino.” (p. 97)

White young people have three times the number of drug-related emergency room visits as do black youth. (p. 97)

In 2006, 1 of every 14 African Americans was behind bars, compared to 1 of every 106 European Americans. (p. 98)

A study of Maryland highway stops found that only 17 percent of drivers along a stretch of I-95 outside of Baltimore were black, but black people comprised 70 percent of those stopped and searched for drugs. This was the case even though the study found that whites who were stopped were more likely to be found actually carrying contraband in their vehicles than people of color. (p. 131)

States typically have mandatory sentencing for drunk driving (a statistically “white” crime with 78 percent of arrests being white males) of two days in jail for a first offense and two to ten days for a second offense, but the “black” crime of possessing even tiny amounts of cocaine carries a mandatory minimum sentence of five years in federal prison. (p. 201)

White ex-offenders may actually have an easier time gaining employment than African Americans without a criminal record. “To be a black man is to be thought of as a criminal, and to be a black criminal is to be despicable — a social pariah. To be a white criminal is not easy, by any means, but as a white criminal you are not a racial outcast, though you may face many forms of social and economic exclusion. Whiteness mitigates crime, whereas blackness defines the criminal.” (p. 193)

The one statistic, however, that finally broke through the rural white Midwestern defenses was this one: “Studies show that people of all colors use and sell illegal drugs at remarkably similar rates. If there are significant differences in the surveys to be found, they frequently suggest that whites, particularly white youth, are more likely to engage in drug crime than people of color” (p. 7).

Continued on page 2.

Are We Destroying Black Hollywood?

ALWAYS THE MAID: Actress Viola Davis won numerous acting honors but also faced criticism for her role as Aibileen Clark in "The Help." (Image: Dreamworks/Touchstone Pictures)

“When they called my name, I had this feeling I could hear half of America going, ‘Oh no! Oh come on, why her? Again!’ ” Those opening lines of Meryl Streep’s acceptance speech at the Academy Awards this past Sunday verbalized my sentiments exactly, and I’m sure the sentiments of many others. Though Streep is an excellent actor, I was disappointed that Viola Davis, the gifted actor who played Aibileen Clark in The Help, wasn’t chosen as this year’s Best Actress by the committee handing out those coveted Oscars.

While I know I wasn’t alone in my disappointment, I’m sure there were also African Americans who were actually relieved that Davis did not win. That’s just how strong the displeasure among many African Americans was regarding Davis’ role as a ’60s-era Jackson, Mississippi-based maid in The Help. Based on the bestselling novel by Kathryn Stockett, The Help was a source of controversy almost from the beginning, with the African American community up in arms about the movie and Ms. Davis’ decision to play a maid. In an impromptu Facebook survey of my friends, I found mostly mixed emotions about The Help. “African American actors, as well as other actors of color must be selective in the roles they choose to play,” said one friend. “They must really know the purpose behind the film, the targeted audience, and avoid stereotypical roles.” Her view seems to represent the opinion of many.

FROM PAGE TO SCREEN: The film adaptation of Kathryn Stockett's bestseller, 'The Help,' features Emma Stone as Skeeter, Octavia Spencer as Minny, and Viola Davis as Aibileen.

The general consensus, as seen in the news media, is that African Americans are weary of seeing Black actors in subservient roles, as well as the lack of quality leading roles and films that offer a broader view of the African American experience. It didn’t matter that Ms. Davis did a superb job in her portrayal of Aibileen, personalizing the character through knowledge of her family’s heritage of domestic workers. Many people simply were ambivalent about the notion of another Black actor playing a stereotype. Ms. Davis, however, saw the importance of her role when she told Fresh Air host Terry Gross, “You’re only reduced to a cliché if you don’t humanize a character. A character can’t be a stereotype based on the character’s occupation.”

Ms. Davis makes a good point, but even she has acknowledged the dearth of quality roles for Black actors. This has led to the enduring perception that the Academy Awards voting committee, which a recent Los Angeles Times report observed is 94 percent White and 77 percent male, is naturally disinterested in seeing non-White actors in substantial leading roles that transcend standard stereotypes.

I confess that I had my own reservations about seeing The Help initially, having grown tired of movies with Black domestic servants raising white people’s children while often neglecting the needs of their own families. I had seen enough of it, and even heard many real-life stories about it from my own family. Many, if not most, of our ancestors in the 1960s and prior — from the North to the South and everywhere in between — cooked, cleaned, sewed, chauffeured, handled the interests of, and had a part in raising the children of white families. Most of us don’t want to be reminded, preferring instead to highlight past and current achievements of many highly accomplished African Americans in our community. So was this movie a proverbial push back in line and one of “knowing one’s place,” as the Old South would remind us? Or could it be a realistic portrayal of a not-so-distant time in American history?

Another issue raised by the film is this: Should Black people continue to be angry about Hollywood’s shortsightedness when it comes to making films that authentically reflect African American life? Or, should we simply be grateful and celebrate whenever African American actors do their jobs well, no matter the roles they’re given to play?

In an appearance on ABC’s The View, Ms. Davis talked about her initial reluctance to take on the role. “You knew there was going to be a backlash from the African American community,” she told Barbara Walters and the other ladies. “It is a story set in 1962 about maids who are not educated, and I thought that people would look at that and they wouldn’t see the work.”

Seeing the work for what it was, I appreciated the film’s artistry. After counting the few films of Davis’ I had seen, I read her filmography of 40 films to date, including titles like Law Abiding Citizen and Antwone Fisher, but also Tyler Perry’s Madea Goes to Jail. I wondered about the attention or lack thereof, garnered from Davis’ previous roles, like the characters she played as the BBF (i.e., Black Best Friend) opposite Julia Roberts in Eat, Pray, Love and Diane Lane in Nights in Rodanthe, providing a shoulder to cry on and mother wit, to boot. And let’s not forget Doubt, where Davis earned Oscar and Golden Globe award nominations for Best Supporting Actress. In that film, Davis played opposite Meryl Streep (again!), who was nominated for Best Actress. Surely, we all saw those movies. Didn’t we?

In that Facebook poll I conducted, some of my friends stated that African American directors should correct the problem of limited film choices for Black actors by creating films with great Black characters. While that’s an understandable sentiment, do we need to be reminded that it takes ambitious amounts of funding and the blessing of countless (usually White) Hollywood decision makers to get any type of movie made today? Hollywood finances what the majority of moviegoers will pay for (notwithstanding the bootleg copies of released films that probably sell exponentially above the few actual ticket sales at the box office). If Hollywood won’t fund the films we want to see, we get angry with directors like Spike Lee, John Singleton, and the Hughes Brothers for neglecting to make them (as if these directors owe us.) How many times have you heard people in our community complain about the latest gangsta film featuring do-wrong black characters? Rarely.

When Hattie McDaniel became the first African American actor awarded the coveted Oscar for her 1939 portrayal of Mammy in Gone With the Wind, we applauded even as she poignantly expressed her hope that she would “always be a credit to my race and to the motion picture industry.” Was anyone complaining then? Fast forward some 70 years later and many of us are complaining, as Tavis Smiley did on his PBS show, about Davis’ nomination.

During his interview with Davis and her Help costar Octavia Spencer (who went on to win the Oscar for Best Supporting Actress), Smiley remarked: “There’s something that sticks in my craw about celebrating Hattie McDaniel so many years ago for playing a maid … [and] here we are all these years later … and I want you to win … but I’m ambivalent about what you’re winning for.” The actress shot back: “That very mindset … that a lot of African Americans have is absolutely destroying the Black artist.”

As Hollywood continues to finance movies it deems profitable, we may continue to see characters like Aibilene Clark and the young, white, savior-esque character, Skeeter. And know that the majority of the Academy is White and male.

Whether refusing to support Black artists will contribute to their ultimate destruction, as Davis contends, is up for debate. But while you stand your ground waiting for Hollywood to showcase those artists in more desirable roles, think about supporting them in the meantime. Honor their attempts to make strides in a nearly impenetrable industry that still gives crumbs to Black and other minority actors, compared to the whole slices of cake the majority often receives.