Brain Drain Blog

Archive for July, 2007

photo: apathy by DiscoWeasel

APATHY
NOUN: 1. Lack of interest or concern, especially regarding matters of general importance or appeal; indifference.
- American Heritage? Dictionary

In the past two days, the number of visitors to this ridiculous little blog?has been?impressive.?”Nooses in the White Tree,” received 103 recorded hits as of this morning. This number is a bit elusive as it does not count additional feed stats or?hits?that aren’t?”post specific.” The much increased traffic brought the rank of Brain Drain to 81 on yesterday’s Blog of the Day. In a sea of 1,184,970 WordPress blogs, that means something… Or so I thought.

For a brief moment, I thought I was raising awareness. I thought people might be incensed at the in-your-face racial discrimination against the young black boys known as The Jena Six. I thought more people would find black boys accused of conspiracy to commit murder for allegedly participating in an unarmed school fight to be ridiculous. I thought people would be outraged that the school fight stemmed from three white students hanging nooses in a shade tree?reserved for themselves. I thought people would?object to those?whites weilding a beer bottle and sawed off shot gun to beat and threaten them. I thought people would be inspired to ask the Department of Justice to investigate the vindictive DA who published a threat to?the boys prior to trial, the?defense lawyer who called no witnesses and cross examined no witness for the state, the white judge and all-white jury made up of the DA’s friends. I thought the link I provided made it easy enough. I thought one click wasn’t too much to ask. I thought sending the post to family and friends would result in comments of dismay and?horror. I thought I could join forces with those who responded, that we could, at the very least,?organize a letter writing campaign in support of?justice for those boys and their families. In my wildest imagination, I hoped somebody would care enough to act. Boy, was I an ass.

According to the stats on internal blog activity, stats which tend to be a bit more accurate than external hits, one person clicked the transcript?I added on?Democracy Now! and one clicked the collection of articles on AfroSpear. Several looked at some pictures. That was it. Not one single comment was left. My email produced zero personal replies. What is most disappointing is that the link to the DOJ petition was never clicked.

Maybe I should have been more passionate than factual. Maybe I didn’t pick the most compelling quotes to transcribe from Democracy Now! — even before their official transcript was posted. Maybe my writing sucks when blinded by emotion. If any one of those reasons is the sole cause of getting nearly zero response, so be it. Unfortunately, I think the real problem is that the majority of people just don’t care.

People who care DO something.

Please read, share and do your thing, whatever it may be. Just DO something.

photo: Jena Six (1 of 6)
by whileseated

Jena, LA – It began when a black high school freshman, Justin Purvis, asked permission to sit in the cool shade of his school’s courtyard tree, one that?only white kids usually sat under.?The school told him to do what he liked. The following day, three nooses hung from the tree in school colors. The school superintendent dismissed the nooses as a prank and gave the three white students who hung them?three days suspension. Parents were never told.

(The?majority of this post comes from my?notes on two Democracy Now! segments:?The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree?and “A Modern-Day Lynching” – Parents of Jena Six Speak of Injustice, Racism in Sons’ Prosecution.)

Robert Bailey, 17 year old safety receiver for the football team and one of the “Jena Six” facing life in prison, explained his reaction to the nooses:

It was in early morning I seen them hanging. I’m thinking the KKK hanging nooses, they want to hang somebody…. We do little pranks. Toilet paper, that’s a prank. Nooses hanging? Nooses ain’t no prank.”

Caseptla Bailey, Robert’s mother, found out a week later. To her, the nooses meant? hatred.

It meant that ‘we’re going to kill you. You’re going to die.’ You know, it sent a message. ‘This is not the place for you to sit. This is not your damn tree. Do not sit here. You are to remain in your place, know your place and stay in your place.’

According to her, the sheriff, the police department, and the superintendent said one incident had nothing to do with the other. Not everyone agreed. Parents congregated and contacted political leaders. The entire black student body staged an impromptu and civil demonstration, standing?under the tree a few days later. For this, the school called the police and the district attorney. According to Michelle Rogers, one of the few black teachers at the school, DA Reed Walters called an assembly, “held a pen in his hand and told those kids ‘See this pen in my hands? I could end your life with the stroke of a pen.’”

Anger escalated. In October,?Robert Bailey?was beaten for?attending a party after asking permision to enter. Later that month, a young white?man pulled a sawed-off shotgun on a group of black students at a gas station claiming self defense. The black students wrestled the gun away and called the police only to be charged with assault and robbery of the gun. The white man was?charged with nothing. In November, someone tried to burn down the school, an unsolved crime. On December 4th , a white student was allegedly attacked in a school fight. The victim was taken to the hospital, released with a concussion, and was well enough to attend a school function that evening.

The school fight required discipline. Six black students were charged with attempted second degree murder and conspiracy to commit murder on charges that leave them facing 20-100 years in jail with bonds set at $70-138 thousand dollars. When the local paper published the story as fact, DA Reed Walters published the following statement, “When you are convicted, I will seek the maximum penalty allowed by law.” Robert Bailey has no criminal record, the only weapon claimed to be used in the fight were a pair of sneakers, yet he?sat in jail for two months until his mother was able to raise bail.

Mychal Bell?, another promising student and a football player with scholarship opportunities, also faced charges. Mychal’s lawyer put?his father, Marcus Jones, on the witness list. The judge instated?a gag order,?preventing?Jones from speaking to the press?or asking for help.?Jones was never asked to testify. Further, Mychal’s lawyer never contested?an all white jury. He didn’t call?any witnesses. Nor did he cross examine the state’s witnesses. He?told Mychal?to plea bargain. Mychal refused, believing he would appear guilty in such an emotionally charged town. Today, Mychal?was convicted of 2nd degree aggravated battery and conspiracy to commit same for his role in?the unarmed school fight. Mychal’s father says this will teach Mychal “what it means to be black now.”

When?Robert Bailey?sustained a head injury from a beer bottle at?a party before the December 4th school fight, his white assailant received a “simple battery” charge. In Louisiana, simple battery is a misdemeanor. Comparatively, Bell faces 22 years in prison.

The family is unable to hire another lawyer at this time.?Democracy Now! posts that financial support can be sent to:

The Jena 6 Defense Committee
PO BOX 2798
Jena, LA 71342.

They also need legal volunteers and activists to demonstrate locally. According to Caseptla Bailey, those members of Jena?s white community who are in support of justice for the Jena Six are afraid to come forward.

While this story is not prominent in mainstream media, AfroSpear: A Think Tank For People of African Descent has compiled a vast collection of facts and resources.?They also provide an update and more documents here. These families need our help. Please educate yourself, spread the word, and?add your name to the following petition:

To: Civil Rights Division of the U.S. Department of Justice

We respectfully request that the Civil Rights Division of the United States Department of Justice review events surrounding the prosecution of six Black students in Jena, Louisiana, to determine whether the civil rights of Jena residents have been violated.

In a May 20, 2007 Chicago Tribune article titled “Racial Demons Rear Heads,” Howard Witt reported that the six students faced prosecution for charges including second degree attempted murder — and possible prison sentences of up to 100 years — for allegedly participating in an unarmed school brawl that resulted in no serious injuries. The alleged brawl followed months of racial tension after hangman’s nooses were hung from a tree at the students’ school.

From the same Chicago Tribune article:

?There?s been obvious racial discrimination in this case,? said Joe Cook, executive director of the Louisiana chapter of the American Civil Liberties Union, who described Jena as a ?racial powder keg? primed to ignite. ?It appears the black students were singled out and targeted in this case for some unusually harsh treatment.?

The prosecution of these young men represents a gross miscarriage of justice, punishing Black students for opposing segregation of their schools while ignoring the threatening and provocative acts of those engaging in segregation.

We respectfully request that the Civil Rights Division of the United States Department of Justice launch a full investigation into events in Jena, Louisiana, beginning with the noose incident of August 31, 2006, and culminating in the alleged fight of December 4, 2006 to determine whether the civil rights of Jena residents have been violated.

Sincerely,
The Undersigned

ADDITIONAL INFORMATION:

NPR – Searching for Justice in Jena 6 Case
?News & Notes, July 5, 2007 ? Six black teens have been charged with the beating of a white high school student in the rural town of Jena, La. Jordan Flaherty, a journalist living in New Orleans, and Caseptla Bailey, the mother of one of the defendants, give an update on the case.

The Jena Six
? Michael David Murphy, 2007
This video was made with audio, video, photographs, and scans of court documents on June 25, 2007, in Jena, Louisiana.

[youtube=http://www.youtube.com/watch?v=za4B4KhIVTE]

The term “Gitmo-mentum” was coined by Anthony D. Romero, Executive Director of the ACLU, to describe the growing support behind the restoration of our Constitution and the closure of Guantanamo Bay.

Notes from the?June 26th, 2007 Day of Action to Restore Law and Justice.

As I mentioned in?a previous post, I?traveled to Washington DC calling for the?restoration of?habeas corpus,?the closure of?Guantanamo Bay (and other?torture facilities?like it), and?for repairing portions of the?Military Commisions Act?which give?the President sole power as? judge, jury and jailer.

Although this was one of the smallest rallies I’ve attended, it?was also one of the best organized and?most powerful.?Attendance reached about 4,000, but we represented millions. It?was a pleasure to see,?first hand,?Senetor Leahy?hold our petitions in the air with emphatic support after hearing him say, in essence,?that the war on terror is no excuse for torture.?A most?poignant?speaker was?Sister Diana Ortiz, Executive Director of Torture Abolition and Survivors Support Coalition International. Her lasting horrors?from unwarranted torture?moved me in a way I cannot explain.?You can find?a full list of speakers and video clips by visiting the ACLU?website.

After getting all fired up, activists from every state?stormed the Hill. This was the first time I have been?part of?a lobbying session and it was a thrill. I have posted?pictures?of the rally and of our Albany/Renssealear County?based group preparing to lobby the offices of Senator Clinton and Representative Gillibrand.

The following?progress report was sent out on July 6th by Anthony D. Romero, the Executive Director of the ACLU:

It was overwhelming to see so many people in Upper Senate Park as we delivered more than 250,000 petitions to restore our rights. Together with our partners ? more than 85 of them ? we represented millions of people.

More than 4,000 of us, from every state in the nation, rallied and then stormed Capitol Hill for meetings with Members of Congress, demanding that we restore the Constitution. Thousands more who couldn?t make it in person took action from home. Since the Day of Action we’ve seen real progress ? and more is?in the works. Here?s just a small sample:

• In less than 24 hours, five lawmakers signed on as co-sponsors of critical habeas restoration bills. And the list of co-sponsors has continued to grow this past week.? Just since June 26th, two senators co-sponsored the Habeas Corpus Restoration Act, four?representatives co-sponsored the Restoring the Constitution Act, and three?representatives co-sponsored the House?s version of the?Habeas Corpus Restoration Act.? We expect more activity and co-sponsors in the coming weeks.
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• Over 140 representatives signed an open letter to President Bush urging him to close the prison at Guantanamo Bay on Friday, June 29th.? You can read the letter and see if your representative signed here.
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• Rally speaker Senator Leahy has promised to do everything he can to get a floor vote on restoring habeas corpus in the Senate in the coming weeks.?You?ll be hearing from us with more details and a call to action whenever this happens.?See Senator Leahy?s webpage, featuring the day of action, here.
  ?
• The Supreme Court decided to review an appeal by Guantanamo detainees. The detainees are seeking to challenge the legality of their detention in federal court.? The Court had previously declined to hear the appeal in April, but reversed course in an order issued on Friday, the final day of the Supreme Court Term.? For more insight into this unique and highly unusual turn of events read Gabe Rottman?s post on our Find Habeas blog.

I’m grateful for this update. It’s fabulous to know that there has been measurable success and that the people still do have the power to create change, even without the coverage of the “liberal” media.

We aren’t watching the fireworks this evening due to rain, but they certainly flew in the car on the way home from the theater this afternoon. Tim and I went to the Spectrum to see Michael Moore’s latest documentary, SiCKO.?I left with my blood boiling.

This was one of our most patriotic moves, one where we spent a good hour and 53 minutes educating ourselves on the American people’s dependence upon the whim of profiteering HMOs and pharmaceutical companies. Sure, I laughed at the part where Bush said, “Too many OBGYNs aren’t able to practice their love with women all across this country.” I also cried for those murdered at the hands of the greedy. To call unnecessary loss of life anything less is unthinkable.

This movie was, at the very least,?an upsetting reality check. I think most people understand that health care in America is in dire straights, but this is the first time the?larger picture has been revealed. Many of the alarming facts in Moore’s movie are posted on his website. More personal accounts are available on SiCKO’s blog.

The question I’m left with is, “What are our nation’s family values?”?Can somebody show me?some evidence?demonstrating that?we have?any? The government certainly doesn’t support families when health care is privatized to the detriment of providing care, when daycare costs equal every cent people make at work, when many of our schools are in a state of disrepair and offer substandard learning, and when secondary education sends students deep into debt before entering the workforce. Ultimately, isn’t our government supposed to be “by the people and for the people?” What does this say about what Americans think of themselves? We need to stop being sheep and lead the fight, to believe that we are worth more than the value?an insurance industry?places upon us. When will we?take back our country? Let’s walk the “family values” walk and claim that right for ourselves once and for all.

I?sincerly hope SiCKO inspires people to stand up, to research and support the National Health Insurance Act. House Resolution 676?has been?introduced by Reps. John Conyers, Dennis Kucinich, Jim McDermott and Donna Christensen and needs our support. This system is already been proven to work in England, France, Canada and, I dare say…?Cuba. It can work here too and we can?do it one?step better, although the HMOs and pharmaceutical companies are paying government officials a lot of money to convince us otherwise. We’ll surely be hearing a well funded rebuttal?campaign from the profiteers in an effort to discredit Moore too.

In my opinion, there was one?comment in?SiCKO which was presented in a somewhat confusing fashion. An ex-insurance investigator whose?job was to look for pre-existing medical conditions and use them to disqualify people from coverage claimed that his duties?were not considered illegal?in several states. This was certainly true during the years he was working in the industry, but it has since been rectified on a Federal level by?The Health Insurance Portability and Accountability Act? of 1996.??HIPAA says of pre-existing condition exclusions:

• The law defines a preexisting condition as one for which medical advice, diagnosis, care, or treatment was recommended or received during the 6-month period prior to an individual?s enrollment date (which is the earlier of the first day of health coverage or the first day of any waiting period for coverage)
• Group health plans and issuers may not exclude an individual?s preexisting medical condition from coverage for more than 12 months (18 months for late enrollees) after an individual?s enrollment date
• Under HIPAA, a new employer?s plan must give individuals credit for the length of time they had prior continuous health coverage, without a break in coverage of 63 days or more, thereby reducing or eliminating the 12-month exclusion period (18 months for late enrollees)

It took a lawyer to point this out to me, but this one small hiccup should not distract from the ugly truths the film unveils. The man in the interview was speaking the truth in regard to his experience, recalling how this type of work made him feel and fully disclosing that he had gladly left the industry years ago. Moore, illustrating the?time line of health insurance, was right to include this portion of history. I just think it could have been more clear that, thankfully, the definition of “pre-existing condition” has changed.

On a personal note, what has my panties in a bunch is learning that my former dentist is a hack.?Experiencing?the pain of my tooth being ground out of my head?after 6 shots of Novocain,?and?having subsequent pain and pressure?ever since, I’ve learned from my new sedation dentist (a necessity after acquiring a sudden fear of my former dentist) that my cap?fails on three separate levels:

• a gap exists between the root and cap allowing for decay
• the bite is completely wrong
• and the cap itself is too large to fit.?

What’s more, my former dentist said last month that my newly broken molar required another cap. Funny. My newly consulted ?sedation dentist?said a filling would suffice. I’m beginning to understand how my former dentist paid for his high end, office-wide renovation.

It’s almost more painful to hear that?”the top of the mouth is easiest to numb” than to experience the fact that?it wasn’t, and now I’m supposed to?pay $800 to have?the cap?recast.?That’s right. The?burden of the full amount falls on me. We have no dental insurance. How do you like that? A job in the state’s health care bureau doesn’t even get you dental coverage for six months. It’s ironic and infuriating.?The fact that we can afford?to fix my face?isn’t the point. The point is that far too many people can’t. I’m experiencing something akin to survivor’s guilt knowing that my pain will eventually subside as surely as theirs never will.?

The finale of the fireworks is?sounding off in the city. It’s as distant as the dull echo of?the promise I vaguely remember, the one?granting life, liberty and the pursuit of happiness. Oh right. We’re allowed to “pursue” happiness. Apparently, a very wealthy and powerful minority believes we just aren’t allowed to achieve it.?According to SiCKO,?they aren’t?allowing for?life or liberty either.

Michael Moore speaks on behalf of H.R. 676 at the Capitol
Thursday, June 21st, 2007
[youtube=http://www.youtube.com/v/DYnadAE685o]

Michael Moore Denied Entry into NYSE
June 29th, 2007
[youtube=http://www.youtube.com/watch?v=Pcuw-_AOk6g]

CNN Gets Blitzed by Michael Moore
July 9th, 2007
[youtube=http://www.youtube.com/watch?v=JpKoN40K7mA]