Sunday, November 08, 2009

Pointing Fingers was Maddox's Mission
By Alton H. Maddox, Jr.

Queen Mother Moore would always say, "We are too slow children." When a Black person is smart, the Negro community becomes enraged and the smart person must be destroyed. Black school children call it "acting white". They are being conditioned to elevate fallacies over facts.

Last Saturday, October 31, Rev. Al Sharpton reportedly, accused me over WLIB-AM of believing that I was smarter than everyone. Maybe I am. At least, I was smart enough to beat white prosecutors and convince a jury in Manhattan Supreme Court to acquit him of all 67 counts of an indictment.

The video-tape of the jury's verdict shows Sharpton's displeasure with it. The video-tape should be available. He was not a happy camper. At that moment, I realized that he would have preferred to be an inmate than for it to be said that a Black man was as smart as whites.

A few Blacks have been gullible enough to be persuaded by Elinor Tatum's propaganda. She argues that my writings on the opinion page must be reduced to 600 words. If I had originally agreed to write "opinions" for the New York Amsterdam News, I would agree.

I have never had a conversation with Elinor Tatum about the New York Amsterdam News. My agreement was with her father, Bill Tatum, and he assigned my writings to the opinion page but I was permitted to choose my own weapons. There were no word limitations. Go back and read my writings when Bill Tatum was alive.

Even though I was assigned to write on the "opinion" page, I chose to write exposés. Webster's Dictionary defines an exposé as follows: "an exposure of something discreditable." On the other hand, it defines an opinion as a "belief stronger than impression and less strong than positive knowledge." An exposé will invariably exceed 1,000 words.

My writings about Tawana Brawley, Central Park 6, Jena 6, Douglasville 6, Amadou Diallo, Jamil Abdullah Al-Amin, Mumia Abu-Jamal, Sean Bell, "Plantation Politics", "Shopping for Justice", among countless other topics, were based on "positive knowledge" and not on "impression." Too many Blacks, incapable of critical thinking, got psyched out by the label, "opinion."

John White is in a judicial pickle. He was framed and railroaded by the judicial system in Suffolk County. An opinion will not help White. I chose to write an exposé which I hoped would have been published in this week's New York Amsterdam News.

If White's lawyers had put the system on trial, they would have been automatically disbarred and the Black colony would have run for the tall grass. Lawyers are supposed to maintain the status quo. The legal system will not finance Black liberation.

In writing exposés, I put myself in harm's way. You do not chalk up brownie points for writing them. Both white opossums and black buzzards are outraged and have vowed to get even. Meanwhile, Black people are running to the sidelines. They even demand free seats to watch the fight.

No one understands Dr. Martin L. King, Jr.s' teaching: "An injustice anywhere is a threat to justice everywhere." The wrongful conviction of John White is contagious. All of us are targets. White was culled out of the pool of targets to become a victim. Who will be next? Compare the false arrests of Kathy and Dominique Sharpton.

I am beyond writing opinions for anyone. When I practiced law, all of my cases involved exposés. These exposés included Anthony Davis, Schomburg Coalition case, Andre Nichols, Allan Nero, Booker Briggs, Marla Hanson case, Jonah Perry, Bensonhurst, Schools Chancellor case Howard Beach, Michael Stewart, Central Park 7 (Michael Briscoe) and Tawana Brawley. This was my design.

Opinions are safe and they allow Elinor Tatum, for example, "to run with the hares and hunt with the hounds." Bill Tatum is turning over in his grave. I have enclosed herein the exposé which was submitted, but not published, in the New York Amsterdam News this week.

These were test cases. They have brought about the only changes initiated by grassroots groups which have exceeded any positive legislative changes. The Civil Rights Movement also produced legislative changes by Black elected officials.

These changes included the first appointment of a special prosecutor in a racially-motivated case in the nation. There was the removal of Eliot Gross as the city's medical examiner. There was the removal of John Santucci as Queens district attorney. There was the appointment of the city's first non-white Schools Chancellor. There was the first public selection of a grand jury in New York. There was a life sentence for Joseph Fama. There was the first public disciplinary hearing against an attorney.

These changes, among others resulted from exposés. Law enforcement agencies and the New York Legislature initiated my legal demise. An exposé is like shining a spotlight on organized crime. Someone will pay. Sometimes a person loves his people more than he loves himself.



Did John White Murder Cicciaro?
By Alton H. Maddox, Jr.

People v. John White, which involves the shooting of Daniel Cicciaro on John White's property while he was defending himself, his family and his property from a lynch mob fails to pass the smell test. White was convicted of manslaughter in Suffolk County even though a shooting alone falls far short of amounting to a homicide.

There are more questions than answers in People v. White. These gaps have arisen because of prosecutorial discretion which is unreviewable coupled with secrecy; that is, a grand jury investigation. The king is entitled to everyone's evidence under English jurisprudence.

Acting in concert with grand jury secrecy, prosecutorial discretion is the most lethal weapon in the prosecutor's arsenal. It allows the prosecutor to rewrite the script. In other words, the prosecutor is empowered to rename the victim the defendant and to rename the defendant the victim.

John White was asleep in his Suffolk County home. Cicciaro led a lynch mob to his home to do bodily harm. In a struggle, between White and Cicciaro, White's gun discharged. A bullet hit Cicciaro's head from close range and rested in his brain.

The mob fled the crime scene in a Mustang with Cicciaro bleeding profusely. The second vehicle, a BMW, was driven, inexplicably, to a local shopping center parking lot instead of following the Mustang. Law enforcement officials failed to search either car later.

White's neighbor, Anthony Morano, saw the Mustang speed away at 11:13 p.m. Normally, a trip from White's home to nearby Mather Hospital takes approximately fifteen minutes. A wounded Cicciaro should have arrived at the hospital no late than 11:30 p.m. on August 9, 2006 if the Mustang were not speeding. He arrived at the hospital at 11:45 p.m.

At trial, the medical examiner was under the mistaken impression that an ambulance had transported Cicciaro to the hospital and he had failed to examine Cicciaro's hands for gunshot residue which would have been additional proof of a struggle.

While the shooting happened at approximately 11:13 p.m. on August 9, Cicciaro did not expire until 1:02 a.m. on August 10. He had been in the hospital for approximately 80 minutes but no medical personnel ever testified at trial about any medical treatment Cicciaro received at the hospital.

By struggling with White, Cicciaro may have contributed to his own demise. The mob members may have been accessories to a homicide rather than characterized as good Samaritans. Apparently, the hospital has taken "the Fifth." These unanswered questions fall far short of attributing the homicide to White.

The mere fact that a person shoots another person and that person dies is insufficient alone to prove a homicide. It is not foreseen that good Samaritans are actually wolves in sheep's clothing. Similarly, it is not foreseen that a hospital would provide insufficient or wanting medical care.

The prosecution must prove causation between the shooting and the homicide beyond a reasonable doubt. This would require that the chain of custody had not been compromised and that Cicciaro received reasonable medical care. This proof was lacking in People v. White.

This case gives rise to prosecutorial vindictiveness. Black's Law Dictionary defines it as "a prosecution in which a person is singled out under a law or regulation because the person has exercised a constitutionally protected right." White sought to exercise the right to bear arms.

Although prosecutorial vindictiveness is nominally subject to appellate review, prosecutorial discretion is unreviewable. Even if it were subject to appellate review, few if any attorneys would raise the objection. Prosecutors are allowed to create fallacies. These fallacies lead to false convictions and false imprisonment.

Any attorney who objects to a prosecutor using a fallacy will be automatically disciplined. This happened in Tawana Brawley. Harry Crist, Jr. had died from a gunshot wound to his head. Abrams claimed it was a suicide. I disagreed.
I met with New York Attorney General Robert Abrams before the grand jury investigation. Abrams claimed that he had no suspects although Dutchess County Court Judge Judith Hillary had implicated Steven Pagones in a confidential memo. I refused to follow the script. The rest is history.

If the attorneys for John White had objected to the false script and, instead, strenuously demanded a special prosecutor, they would have been disbarred and everyone in the Black colony would have run for the tall grass rather than to demand the right of legal representation. Thus, it is, seemingly, better to go along to get along.

The right of legal representation does not belong to an attorney. It belongs to an accused. If the people run for the tall grass, they are also running away from the right to prepare a defense and the right to legal representation. No people should expect to hide behind an attorney.

Unreviewable prosecutorial discretion leads to injustices. John White was the victim. Members of the lynch mob should have been clearly labeled the defendants. The lynch mob and Mather Hospital are suspects in Cicciaro's death.

The prosecutor chose to pick on White because he is a member of a historically-disorganized group. Predators are slow to pick on organized groups. Under this scenario, the prosecutor immunized the mob and the hospital. White became the fall guy.

Gov. David Paterson must act swiftly to circumvent a miscarriage of justice. As an oathtaker, he is obligated to uphold the law. He must demand that the state attorney general intervene in this misguided prosecution. The attorney general's first step should be to intervene in and enjoin this criminal prosecution at the appellate stage.

If that step backfires, the governor must immediately exercise his executive authority and pardon John White for all criminal convictions arising out of the death of Daniel Cicciaro. John White is unable to get a fair trial in Suffolk County.

People v. White is a test case. If Blacks get it wrong, we might as well start marching backwards to the plantation. Criminal, family and housing courts are inflicting more harm on Blacks than other governmental institutions. These institutions are designed to undermine the basic needs of a people.

This "War on Blacks" starts with the legislative branch of government fashioning repressive laws. They are implemented by the executive branch of government and sanctioned by the judicial branch of government. In the meantime, we are denied the right of representation in any branch of government.

History has shown that Blacks have made their greatest strides outside of government while challenging it. For example, Charles Hamilton Houston, Thurgood Marshall and others made great strides in dismantling Jim Crow in education. Dr. Martin L. King, Jr. and the Civil Rights Movement secured the Civil Rights Act of 1964 and the Voting Rights Act of 1965. We must make history repeat itself.

Nov. 9 - PWV LLC v. Maddox , Manhattan Housing Court, Room 819 at 111 Centre Street in Manhattan at 10:00 a.m.

Nov. 11 - UAM weekly forum at the Elks Plaza, 1068 Harriet Tubman (Fulton Street) nr. Classon Ave. in Brooklyn at 7:30 p.m. Take the "C" train to Franklin Ave.

See: www.reinstatealtonmaddox.net

11/03/09

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