by Alton H. Maddox, Jr.
If we are to get correct answers, we must raise hard questions. I am aware that hard questions are routinely kept off of our menu. It is not easy to digest a hard question. After consuming a diet of hard questions, many Blacks will suffer indigestion. Zantac only complicates the problem.
During pre-trial discovery on a defamation complaint, I fed Steven Pagones, an assistant district attorney in Dutchess County, with a steady diet of hard questions about Tawana Brawley. He had assumed the risk by suing me. I triggered a provision in New York law which required the complainant to be deposed first. He had not read the law. His deposition became a confession. It was video-taped. This was another surprise. Afterwards, he loaded up on Zantac.
Some of our premier historians like Dr. Carter G. Woodson, Malcolm X and Khallid Muhammad have argued that we lost our minds during slavery. Slavery was a mental crucible. Logic stands behind this conclusion. I prevented Blacks from giving court testimony for fear of cross-examination. Slave codes replaced our moral compass. Right and wrong became irrelevant. We owed a fiduciary duty to our masters. The operative word was obedience.
For most Blacks today, the operative word is still obedience. Our “Head Negro in Charge” is a perfect example. New York State Attorney General Eliot Spitzer commanded him not to attend his own defamation trial in Poughkeepsie, NY. He obeyed Spitzer. Mayor Michael Bloomberg ordered him not to visit Haiti. He went to London and not even Paris.
In American jurisprudence, most states embrace McNaghten’s rule. Black’s Law Dictionary defines it as follows: “The doctrine that a person is not criminally responsible for an act when a mental disability prevented the person from knowing either the nature and quality of the act or whether the act was right or wrong.”
Every action or inaction also has a cause and effect. If we had lost our moral compass during slavery, and we did, the legal effect should have been our being given immunity from the prison-industrial complex. Blacks may be treated for engaging in, otherwise, criminal acts but they should never be punished for committing them.
The Eighth Amendment of the U.S. Constitution goes hand-in-hand with its Thirteenth Amendment. It bans “cruel and unusual punishment.” The Thirteenth Amendment, nominally, at least, bars slavery. The missing piece was “forty acres and a mule.” In 1862, whites could purchase 160 acres of public property at one dollar and twenty-five cents per acre. White supremacy would give whites affirmative action.
Lebron James of the Miami Heat is not only great because of his athletic skills but also because of his knowledge of basketball rules, among other things. In the same sense, Blacks must be fully aware of the “Supreme Rules of the Land.” No Black person should leave home without a copy of the U.S. Constitution.
The U.S. Constitution is composed of legal concepts. A legal rule is a corollary of a legal concept. A legal concept only applies to whites. Legal rules, on the other hand, apply to descendants of enslaved Africans. I have consistently been accused of breaking and entering into legal concepts. I am a serial offender.
This is my favorite example of a legal concept –“right to bear arms”– although there are other examples like the “right to be free from unreasonable searches and seizures.” There is a “right to privacy,” embedded in the Fourteenth Amendment, which is unavailable to slaves. The corollary of the “right to be free from unreasonable searches and seizures” is “stop, question and frisk.” This is a legal rule and not a legal concept. Gun control is also a legal rule and not a legal concept.
In order to understand American jurisprudence, you must comprehend “HELP” which is an acronym for history, ethics, logic and philosophy. Most law schools only offer a course in ethics. This is a downfall for most lawyers and all clients. For any lawyer, facing a disciplinary proceeding, “to be forewarned is to be forearmed.”
The loss of our moral compass has had myriad other consequences. A slave code requires that we elevate “white life” and devalue “Black life.” This is whey Rev. Jesse L. Jackson said that he felt more comfortable on a dark street with a group of whites than with a group of Blacks. In the jungle, this is abnormal thinking and psychology. Rev. Al Sharpton concurs with him.
This is like chickens feeling more comfortable in a chicken coop with a fox and sheep feeling more comfortable with a pack of wolves than with a shepherd. The use of comparative analysis demonstrates the irreparable effects of slavery. It has worsened since 1865. Our ills are now being punished through incarceration rather than treated through hospitalization and white teachers are causing mentacide to our children. This is double jeopardy.
A Kings County grand jury (Star Chambers) indicted Daniel St. Hubert for fatally stabbing 6 year-old Prince Joshua Avitto and critically stabbing 7 year-old Mikayla Capers in the Boulevard Houses in East New York. When St. Hubert sought to speak on his own behalf, in a public proceeding, his lawyer shut down his microphone and law enforcement personnel hurriedly whisked him out of the courtroom.
This was a violation of St. Hubert’s constitutional right under the Sixth Amendment. St. Hubert is entitled to “assistance of counsel.” Nonetheless, he is still the captain of his ship when he seeks the assistance of counsel. Due process requires that St Hubert has a right to be heard. His court appearance on June 11, 2014 smacked of a kangaroo proceeding.
New York State wrongfully incarcerated St. Hubert even though he was diagnosed as being “insane.” New York State chose to punish him in a prison rather than treat him in a hospital. This is like throwing kerosene on a burning fire. Someone should have filed a writ of habeas corpus on his behalf. There should have been a change of venue for him.
Now, New York State is subjecting him to double jeopardy for stabbing two children and murdering one of them. His lawyer should be filing a petition to implead New York State and the political representatives in East New York for failing to accord the equal protection of the laws to the residents of East New York. Housing projects in Brownsville have security cameras. New York State should pay for its constitutional shortcomings.
The Kings County district attorney’s office is doing the “dirty work” for New York State. The Black press is an accomplice by refusing to publish the truth and also by engaging in censorship which is unconstitutional. A guilty party is Gov. Andrew Cuomo. He is the custodian for all inmates. In the meantime, Blacks are still endorsing their own oppression.
St. Hubert was released from prison without ever receiving any treatment for his illness. His release was achieved to terrorize the residents of East New York for the benefit of absentee landlords. These absentee landlords are ready to return to their homes in order to reverse “white flight.” When whites want a return of land, they always engage in terrorism. The real motive for any criminal act is land or “private property.”
Leading Blacks and Black selected officials have lost their moral compasses. Medgar Evers, Malcolm X and Dr. Martin L. King, Jr. were assassinated for using their moral compasses for the benefit of Blacks who no longer live in communities. They reside in slave quarters. Otherwise, we would not be pleading for a “standing army” to save us.
Too honest for the White Press and too black for much of today’s Black Press; bullet columnist Alton Maddox upsets the same people and status quo as he did as an uncompromising Defense Attorney. He is also a founding member of the Freedom Party. Please support the movement to Reinstate him. Contact him at c/o UAM P.O. BOX 35 BRONX, NY 10471