What is the connection between Tamir Rice’s killer not being indicted for murder and Bill Cosby being charged for sexual assault?
Tamir Rice’s shooter was not indicted, but Bill Cosby was charged Wednesday for drugging and sexually assaulting a woman at his home 12 years ago. Cosby was charged with aggravated indecent assault, punishable by five to 10 years behind bars and a $25,000 fine, and awaited an afternoon arraignment.
To charge Cosby, the prosecutor raced against the 12-year statute of limitations. Despite public opinion, the fact that Cosby has been charged with sexual assault does not mean that he is guilty. According to the law of the land, Cosby is to be assumed innocent unless a jury of his peers finds him guilty. It will be up to the State to prove beyond a reasonable doubt that Cosby committed sexual assault. It will be up to Cosby’s defense team to raise those reasonable doubts. Through the process of both sides presenting their evidence and arguing their cases, justice is assumed to be served.
However, why would prosecutors charge Cosby now but decline to charge him back in 2005 when the alleged victim, Angela Constand, first told police that Cosby had sexually assaulted her? Cosby has now been charged because of political pressure, which is a common practice among prosecutors. Prosecutors are most often chosen through local elections, and they typically hire other attorneys as deputies or assistants to conduct most of the actual work of the office. Because they are elected officials, prosecutors often fold to public pressure. The reason Cosby was not charged in 2005 was because of his power and the public’s lack of awareness.
There are some who would argue that Cosby is now somehow being mistreated by the justice system, forgetting or unaware that Cosby’s status and power prevented prosecutors from indicting him years ago. Many are pointing to the fact that the White police officer who shot 12-year-old Tamir Rice was not indicted for murder as proof that the U.S. justice system is racially biased. The U.S. justice system is inherently racist, but Cosby’s being charged on Wednesday does not offer proof of anything other than how powerful Cosby was to have evaded sexual assault charges for so long.
(Deposition from 2005)
So why, then, did prosecutor Timothy J. McGinty not fold to public opinion or political pressure and indict Timothy Loehmann? Why did McGinty become a virtual defense attorney for Loehmann? Was it because of Tamir Rice’s race? No, but race played a role in the fear of the 911 caller who reported that Tamir had a gun, and race played a role in the hasty decision of the officer to murder Rice. Loehmann has a record of imprudence as a police officer; the prosecutor should, at least, have not argued the case against Tamir Rice, thereby removing Loehmann from the scrutiny of a public trial. During a trial, the State would have had a chance to publicly scrutinize Loehmann’s actions, and Loehmann’s defense would have had a chance to explain those actions. For the State to argue against even scrutinizing this officer’s actions in the context of a public trial is reprehensible.
However, though xenophobia played a role in Tamir’s murder, and may have even played a role in the grand jury’s decision to not indict Loehmann, race was not a significant factor in the prosecutor’s decision to present an argument in favor of the police (though it’s possible the prosecutor may have been aware of the fact that Rice’s race could have been something the grand jury would take into consideration). In fact, in this case race is smoke screening a deeper issue. That issue is the fact that many minority and poor communities are living in a de facto police state where the police are above the law. The police get breaks that much of society does not. However, as Dr. Martin Luther King, Jr. stated: “Injustice anywhere is a threat to justice everywhere.”
One example of how this police state has expanded outside of these communities is the sobriety checkpoint. Police have a 99.999% chance of receiving a warrant to search a person’s blood if that person refuses a Breathalyzer test. We are brainwashed from childhood to believe that all policemen are good people and are here to protect us. Whether it’s a stop and frisk or stop and breathalyze, the constitution states the following: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things …
It’s all has a lot to do with revenue and control. It is taboo for any politician to be critical of the police or the military. Politicians need the police to keep the population under control. But not only are we brainwashed to submit to the concept of police totalitarianism, the police (along with the military) are brainwashed into believing that they are fighting the good fight when many times they are, in fact, not. This is why the government can get thousands of troops to die in Iraq for an indisputably bogus cause. The government convinces these troops and the public that the troops are dying for our freedom. But they are not. They die because the president who sent them there needed a scapegoat to retaliate against for the most terrifying attack ever carried out on U.S. soil, which happened on his watch. This is how the government can convince the police that they are fighting the good fight, while being employed to continue a cycle of locking up as many minorities/criminals as possible and spending billions on penalty rather than prevention.
Prosecutors and police are tag-team fighters who depend upon each other to be successful. The primary measure of a policeman’s success is his arrest record. In many cases, the first questions asked when a prosecutor is trying to elicit the credentials of an officer on the stand are how long he has been on the force and how many times he has arrested people for a particular crime. Likewise, a prosecutor’s success is based on how many convictions he gets from these cases brought to him by an officer. The prosecutor and the officer depend on each other. The business partnership between the police department and the district attorney’s office is what motivated McGinty to not prosecute Loehmann. This is why, in cases like these, there should always be a special prosecutor. If there had been an independent prosecutor with no ties to law enforcement in this case, Loehmann would be awaiting trial for involuntary manslaughter—or, better, child-slaughter.
Tamir’s race is not the reason the prosecutor chose to protect Loehmann. However, in many ways this case has everything to do with race. Remember, police and prosecutors need convictions—NOT the prevention of crime—to be successful. Where can they easily get the majority of these convictions? They get them from the voiceless poor. What race of people in the U.S. has the highest percentage of poor people? Probably the one made up of descendants of U.S. slaves, and of descendants of those who gained equal rights on paper just 50 years ago. You know, the community whose ills are believed by the general U.S. population to be genetically inherited and not the result of 400 years of social injustice. Nevertheless, the cowboy justice that Loehmann carried out is a different issue from the conflict of interest of the prosecutor investigating whether or not to indict his business partner.
The focus should not be on if the prosecutor let Loehmann slide because of Tamir’s race but instead, the fact that Bonnie shouldn’t be prosecuting Clyde because they are partners in crime. For too long the police have been allowed to go into these communities and do as they please, and this was the case long before social media existed. Because of this, there is an understandably high level of distrust. If the U.S. takes a fraction of what it spends on charging, convicting, and imprisoning at-risk youth once they turn 16 and uses this money on programs that stop these kids from falling into the system before they’re 16, crime rates would significantly drop…but so would the stocks of the prison industry, local government revenue, and the need for bigger budgets for the police.
I can’t say this enough: It’s not about preventing crime. The problem is not as simple as both sides of the argument make it out to be. There would have been a similar failure to indict Loehmann for Tamir’s death had Tamir been a White boy from the same socioeconomic background. Protecting Loehmann was a deliberate nod from McGinty signifying the fact that the police force has McGinty’s unconditional support. However, this doesn’t negate the fact that the U.S. has exit plans to financially support and rebuild the infrastructure, educational systems, etc., of every country against which it wages war, but has failed the American slave, leaving him without an exit plan and re-enslaving him because of the consequences of that failure.
In final thoughts: for all the conspiracy theorist who believe that Bill Cosby was set up by the White man because he was about to take over some network, which would have helped a lot of Black folk, negative, it’s a lie. That is no more true than saying Obama is a Muslim who was born in Kenya and has a secret plot to take the country down.
Do your research. Rape allegations on Cosby are not new. Just because you are just now aware of it, doesn’t mean these allegations are new. Kinda like, just because more cops have just recently been caught unjustifiably killing Blacks by cell phone cameras doesn’t mean cops just recently started abusing their power.
It was a Black comedian by the name of Hannible Buress who was doing a stand up routine who mentioned the fact that Cobsy had a rape history that has been swept under the rug for years. That routine went viral, which brought to light Cosby’s secrets. If there is a conspiracy, start saying “he” instead of “they” because it was Buress who brought the conversation back up and not they.
Please stop with the “why are all these women just now coming out.” Many had been came out before but no one listened until a comedian brought the discussion back up. There is a higher degree of intelligence when you stop putting your biases and group affiliation (race, political party, religion, etc) over truth. Let the truth be the truth if it makes your mother a liar!