Category Archives: Crime and corrections

Virginia Supreme Court Blunder

vt_massacre2by David S. Cariens, Jr.

Whatever our politics — Democrat, Republican, Tea Party, Green Party — we share a common expectation that our courts will treat us fairly. When a court renders a major decision based on false information — especially when that court is the Virginia Supreme Court — it should disturb everyone.

It is unusual for a state Supreme Court, or the United States Supreme Court, for that matter, to overturn a jury verdict. But on October 31, 2013, the Virginia Supreme Court did just that: It overturned a jury verdict in the Pryde and Peterson lawsuit against Virginia Tech holding the school liable for not warning the campus on April 16, 2007, after a double homicide had taken place at West Ambler Johnston Hall. About two hours after that incident, Seung-Hui Cho killed another 30 people and wounded 17 before killing himself.

Justice Cleo E. Powell who wrote the unanimous decision, stated that “under the facts of this case, there was no duty for the Commonwealth to warn students about the potential for criminal acts by third parties.” She then got one of the most critical facts wrong—who was in charge of the investigation that day following the initial shooting at West Ambler Johnson Hall.

Powell wrote that the Blacksburg Police Department was in charge: “Although officers from the Virginia Tech Police Department were the first on the scene, the Blacksburg Police Department led the investigation.” In fact, Chief Wendell Flinchum of the Virginia Tech Police Department was in charge. If Blacksburg Chief Kimberly Crannis had been, there would have been no duty to warn because she did not have that authority. Chief Flinchum did have the authority to warn and lockdown.

To cite Crannis as the person in charge is not only a major blunder in the historical record, but sets a precedent that incorrect facts central to a major decision are acceptable. Five times, people testified under oath that it was Chief Flinchum and not Blacksburg’s Chief Crannis. Having gone through more than five volumes of trial testimony, I can find no reference to Chief Crannis being in charge.

The identity of who was in charge is important because Virginia Tech had in place all the means necessary to warn and lockdown the campus on April 16, 2007. Over two and one half hours elapsed between the double homicide and the mass murder in Norris Hall. So, more than a year after the Supreme Court ruling, the question persists, why didn’t the university issue a warning?

Eight months earlier, the Virginia Tech administration had set a standard for warning the university community. In the fall of 2006, a prisoner in the Blacksburg jail, William Morva, escaped and killed two people. There was no indication that Morva was on or near the campus, yet Virginia Tech warned and locked the campus down.

But on April 16, 2007, there was a double murder in the middle of the campus. Thirteen bloody foot prints led from the crime scene to an exit stairwell; there were spent bullet shells on the floor but no weapon. The school issued no warning even though it was obvious the killer was on the loose. Had a lockdown of the campus been implemented, lives would have been saved. The administrative failure allowed two students to go to their French class where they were among the first of the 30 students and teachers killed in Norris Hall.

The Virginia Supreme Court declined to hold anyone accountable for anyone else’s actions in the Virginia Tech massacre. The Court is entitled to its opinions, but not its own facts.

David S. Cariens, Jr., a retired CIA intelligence analyst, is author of “Virginia Tech: Make Sure It Doesn’t Get Out.” He publishes the “A Question of Accountability” blog. Continue reading

Another Russian Reformer Murdered

nemtsov killedBy Peter Galuszka

It was a personal shocker to read of the murder in Moscow of Russian reformer Boris Nemtsov, the latest in a long string of killings related to the tragic fight for change in that country.

Nemtsov was gunned down Friday in a drive-by shooting as he walked across Moskvoretsky Bridge a short distance from the Kremlin and Red Square.

The outspoken 55-year-old former nuclear physicist turned government official was a key figure in the far more hopeful years of the early 1990s when bright young people tried (in vain) to move Russia beyond the kleptocracy of the Communist era.

Nemtsov pushed capitalist reforms by trying to root out corruption. He simplified establishing businesses by taking the registration process out of the hands of crooked bureaucrats. He advocated transparency in bidding contracts. More recently, he revealed billions of dollars in payoffs at the Russian Winter Olympics last year at Sochi.

Naturally, Nemtsov ran afoul of Vladimir Putin, the former KGB officer who beat out Nemtsov as Boris Yeltsin’s successor. Putin is the spearhead of the old power elite that has seized control over the past 15 years, rolled back democratic reforms, unleashed a torrent of inside business deals, and pushed the worst military conflict in the region (Crimea and Ukraine) since the Cold War.

Nemtsov was due to lead a Moscow protest rally against Putin’s bloody Ukrainian adventurism that has killed 5,800 people. He was to stand in for Alexei Navalny another reformer who has been imprisoned for handing out leaflets at a subway station.

As he was taking a walk on an unusually warm winter evening, a car drove up. Six shots were fired. Nemtsov was killed by four bullets.

He is the fifth person – either Russian or foreign – that I have dealt with personally who has been murdered. I reported from Moscow for BusinessWeek in the 1980s and 1990s.

Here are a few examples: American businessman Paul Tatum involved in a dispute with a Chechen partner was slain by 11 bullets to the head and neck at a subway station that I used to frequent. Paul Klebnikov, an American editor of Russian-language Forbes magazine, was shot near his apartment. Russian investigative journalist Yuri Shchekochikin, a friend who got me an assignment to write for Literaturnaya Gazetta, died in an apparent poisoning.

I had interviewed Nemtsov back when he was pushing far-reaching and radical change in the the city of Nizhniy Novgorod, formerly known as Gorky, east of Moscow.

He is the highest-profile reformer to be killed during the regime of Putin who says it was a contract killing and that he will oversee the investigation “personally.”

The McDonnell Saga Is Far From Over

maureen mcdonnell sentencedBy Peter Galuszka

Former Virginia First Lady Maureen McDonnell has been sentenced to 12 months and a day in federal prison, but the GiftGate saga is far from over.

She will appeal as has her husband, former Gov. Robert F. McDonnell, who was sentenced to two years in prison last month. The now estranged couple was convicted of public corruption felonies, making McDonnell the only Virginia governor, past or present, to be convicted of a crime.

The next step is for the former governor’s appeals to be heard at the U.S. Fourth Circuit Court of Appeals in May. The issue is whether so-called “honest services fraud” for which both were convicted, should be interpreted broadly or narrowly.

During their trial, U.S. District Judge James Spencer took the broad approach, instructing the jury that there did not have to be a very strict “quid pro quo” for them to return a guilty verdict. He reiterated his stand on Friday by overruling a slew of motions from the defense relating to the issue.

The appeals could have far-reaching consequences, as I reported with a colleague on Bloomberg News this week. Charles James, a former federal prosecutor who works at the Williams Mullen law firm in Richmond, says the case “could be the next case to further restrict the use” of the honest-services fraud statute.

If the Robert McDonnell’s appeal is successful, then it would have a big impact on his wife, as well as loosen the interpretation nationally of how far “honest services” should go.

If the government is successful, then expect a crackdown on public official hankie-pankie.

At Friday’s sentencing, eight character witnesses described Ms. McDonnell, 60, as an empathetic, self-sacrificing woman who would do anything for her children and husband.

That image stands in marked contrast to the image defense lawyers for her husband painted during the trial. Incredibly, her own lawyers piled on with the idea that Maureen McDonnell was a naïve but abusive woman who hated being First Lady. She was so frustrated with her husband ignoring her for his political career that she got entangled with Jonnie (the serpent) Williams, who ran Star Scientific, a Henrico company that made and marketed vitamin supplements.

Williams gave the financially strapped McDonnells about $177,000 in gifts, loans and trips while the McDonnells set up meetings with state officials to the products of his money-losing firm. Ironically, the main product was Anatabloc, a skin cream, which has since been ordered off the market the Food and Drug Administration.

At the top of this blog, you see a teaser story that the convictions were corrupted by Williams’ dubious integrity. That’s nonsense, of course. Prosecutors use inside testimony, especially in organized crime and drug cases, all the time.

The bigger issue is whether “honest services” means bribery or whether it is a normal part of setting up appointments by public officials to consider projects that might benefit their city, state or country. This will be the key issue in the appeals.

Meanwhile, the soap opera has been weirdly painful, fascinating and entertaining. It’s also been rather crass. The former governor tries to come off like a Boy Scout yet refused a chance to cop a plea in exchange for Maureen not being indicted at all. She was not a public official, but non-public officials have been convicted in the past of honest services fraud.

Both defense teams made Maureen the scapegoat. She was portrayed as a greedy and unstable hustler who brought her husband down.

Before delivering the sentence to Maureen, who gave a tearful, first-time statement asking for mercy, Spencer made bitingly critical remarks of the defense lawyers. “The ‘Let’s throw Momma under the bus’ defense morphed into the ‘Let’s throw Momma off the train defense,’” he said. Ms. McDonnell seemed to be two very different people and Spencer had trouble figuring it out.

Her lawyers had asked for no prison time and 4,000 hours of community service. Federal guidelines could have given her more than six years but prosecutors asked for only 18 months in prison.

Spencer split the difference, mostly because he gave Mr. McDonnell a light sentence. He was more culpable since he was a public official, not to mention a former state prosecutor and the state attorney general.

He cut Maureen some slack, too. By sentencing her that extra day, he gave her the opportunity to get out in only 10 months for good behavior since that’s the rule under federal prison guidelines.

Why Hide Details of Lethal Injection?

lethal injectionBy Peter Galuszka

It has to be one of the creepiest bills ever considered by the General Assembly.

Senate Bill 1393, sponsored by Sen. Richard Saslaw (D-Fairfax), would drop a veil of secrecy over how Virginia executes prisoners by lethal injection. Its backers, including Gov. Terry McAuliffe, are pushing it against a backdrop of global politics and questions of morality.

Virginia is one of 32 states that allow capital punishment. Since 1982, it has so far killed 110 prisoners, either by lethal injection or in the electric chair.

The preferred method is lethal injection. In the process, a doomed prisoner is strapped in a gurney and is given a series of three shots. One is to anesthetize; another is to paralyze; and the third is to stop his or her heart from beating. In some states, one drug may be used. Usually, there are witnesses to the execution, including members of the news media.

But Saslaw wants to start hiding crucial aspects of the gruesome practice. His bill would make information about lethal drugs. Companies that make or compound them would be exempt under the state Freedom of Information Act.

There are persistent national shortages of drugs used in the death process. According to The New Yorker, the sole American manufacturer of sodium thiopental stopped making the key, killer drug in 2011. Death penalty states looked to European manufacturers, but the European Union, which crusades against capital punishment, forbids European drug companies to export it if it will be used in executions.

Harried U.S. prison officials started shopping around to their counterparts in other states as shortages spread to other drugs. The situation seemed dire enough for Virginia to consider dusting off the electric chair, which it also allows for executions.

For a while, Virginia did have a good supply of killer drugs but by 2014,it ran short or drugs went past their expiration dates. A solution is to use pharmacies to compound drugs for executions but it could expose the firms to lawsuits.

So, as is too often typical in Virginia, Saslaw & Company started pushing the rights of private companies over the public’s right to know. His bill has drawn criticism from the American Civil Liberties Union, the Virginia Coalition for Open Government and the Society of Professional Journalists.

Underscoring the horror of the drug drama is what happened last April in Oklahoma during the execution of convicted murderer and rapist Clayton Lockett. He was injected with the three-drug cocktail, but 10 minutes into the process, he revived as stunned onlookers watched. He died after another half an hour.

There is considerable evidence that lethal injection is not a painless way to go. In fact, the issue may be back before the U.S. Supreme Court again about whether injections are an unconstitutional “cruel and unusual” punishment. Another issue is why facts around execution must be made confidential.

There are larger issues about the ethics of capital punishment. Virginia, after all, follows only Texas when it comes to legally-sanctioned killing. Virginia does not have an unusually high crime rate (ranking No. 34 in violent crimes  per 100,000 population according to 2006 U.S. Census statistics). So why is it so intent on keeping capital punishment and hiding it?

 

In Politics: “Cherchez la femme?”

Fitzhaber and Hayes

Fitzhaber and Hayes

By Peter Galuszka

The two governors couldn’t seem more different.

One is a popular progressive who dressed in an “urban cowboy” style of boots, jeans and down jacket and ran a state as green as a rain forest.

The other favored Joseph A. Banks suits and helmet hair-dos while pushing a “God, Mom and Apple Pie” persona that appealed to Republicans.

Oddly perhaps, especially on Valentine’s Day, women seem to be their downfall. Cherchez la femme?

Until his sudden resignation Friday, John Kitzhaber was into his fourth term as Oregon’s governor and had been highly regarded by liberals nationally for his support of populist ideals and goals involving sustainability. A former emergency physician, he won points for his low key style.

The problem was his fiancée, Cylvia Hayes, who lived with him at the governor’s mansion in Salem and acted as the state’s de facto First Lady. She is under investigation for allegedly using her position to win contracts for “green” energy projects she was pushing. As probes grew, Kitzhaber resigned.

the McDonnells

the McDonnells

Sounds a lot like the case of Robert F. and Maureen McDonnell, the former first family convicted of corruption last September.

In that case, the former First Lady of Virginia (FLOVA in code), was smitten with a fast-talking vitamin producer and salesman and convinced her husband, Bob, to arrange meetings with top state officials to help.

The couple was convicted of a variety of felonies after a six week trial. McDonnell was sentenced to two years in prison and his wife is due to be sentenced Feb. 20.

Coincidentally, both governors were high fliers in their respective camps. Kitzhaber represented a particular kind of progressive Oregon way of thinking that is strongly influential throughout national politics and journalism.

McDonnell’s good looks and projection of patriotism went down so well with Republicans that he was once on the short list of 2016 GOP possibilities.

And, both women involved raise issues of what role First Ladies (officially married or not) have in state government. Are they public figures? How much influence should they really have? Are ethics laws tough enough? Do they apply to spouses? Ms. McDonnell’s lawyers suggested that she was being set up to take the fall for her husband as part of a “throw Maureen under the bus” strategy.

Issues like these are certain to come up when Maureen McDonnell appeals her conviction. Similar questions may evolve in the Hayes case as well if she ever faces criminal charges.

Coal Giant Won’t Pay Blankenship Legal Bill

don-blankenshipBy Peter Galuszka

The the man described by Rolling Stone as the “The Dark Lord of the Coal Fields” is suing coal giant Alpha Natural Resources of Bristol for refusing to pay his legal bills as he approaches his criminal trial April 20 related to the worst coal-mine disaster in 40 years.

Donald L. Blankenship, the former head of Richmond-based Massey Energy, filed suit in Delaware against Alpha which said: “Going forward, we do not intend to pay any legal fees with regard to Don Blankenship’s defense.” Those fees are likely to run in the millions.

Blankenship was indicted in November on four felony counts related to safety violations at the Upper Big Branch mine where an explosion killed 29 miners on April 5, 2010. He is also accused of securities fraud.

Blankenship resigned from Massey in December 2010 with a parachute estimated at $86 million. Alpha bought Massey in 2011 for $7 billion.

Since then, Alpha has been retraining the hundreds of Massey workers it absorbed but has gone through severe layoffs as demand for coal has stumbled.

Alpha’s stock has slipped from about $5 a share a year ago to $1.19 a share now. The firm lost $875 million last year. Demand for thermal coal has been drying up as cheaper natural gas from fracking has flooded the market. Also, the rich steel-making coal reserves Alpha got with its buy of Massey have gone wanting as Asian nations, especially China, go through an economic slump.

Blankenship will go on trial in U.S. District Court in Beckley, W.Va.

The Strange Story of Health Diagnostic Laboratory

HDL's Mallory before her fall.

HDL’s Mallory before her fall.

By Peter Galuszka

The biggest problem facing the health care industry in Virginia and the rest of the country isn’t Obamacare or the lack of new medical discoveries. It the lack of transparency that hides what is really going on with pricing tests, drugs and hospital and doctors’ fees. Big Insurance and Big and Small Pharma cut secret deals. We are all affected.

I’ve been wanting to blog about this – especially after Jim Bacon’s recent post on the supposed tech trend in health care – but I wanted to wait until a story I’ve been working on for a few weeks was posted at Style Weekly, where I am a contributing editor.

In it, I explore the strange story of Health Diagnostic Laboratory, a famed Richmond start-up that went from zero to $383 million in revenues and 800 employees in a few short years. The firm said it was developing advanced bio-marker tests that could predict heart disease and diabetes long before they took root. HDL’s officials thought it would transform the $1.6 trillion health care industry.

Richmond’s business elite applauded HDL founder Tonya Mallory, a woman who grew up just north of the city and had the strong personality and drive to create the HDL behemoth. Badly wanting a high tech champion in a not-so high tech town, the city’s boosters did much to publicize HDL and Mallory, believing they could draw in more startups.

The story was too good to be true. It start to deflate last summer when the federal government noted that HDL was one of several testing labs being probed for paying doctors $17 for using HDL tests for Medicare patients when Medicare authorized $3 per test. Mallory resigned Dept. 23. Several lawsuits by Mallory’s former employer, Cigna health insurance and another have accused HDL of fraud. HDL has responded in court.

One legal picture suggests that HDL wasn’t a true tech startup but a new firm that stole intellectual property and sales staff. HDL says no, but its new leader Joe McConnell has taken steps to reform sales and marketing and is said to be working with the U.S. Department of Justice to settle a federal investigation.

The HDL affair raises issues about the inside marketing and apparent payoffs that are the biggest problem the health care industry faces. It doesn’t matter what kind of “market magic” combined with new technology comes up if something like this keeps happening.

This is all the more reason for a universal payer system. That may be “socialized” medicine but in my opinion it is the only logical way to go.

Campus Rapes Must be Reported to Police

hunting groundBy Peter Galuszka

You can’t have it both ways.

The Virginia General Assembly is taking steps to make it mandatory that officials at state universities report to police allegations of sexual assault, except for crisis counselors.

The move follows the incident at the University of Virginia which was turned upside down by a flawed report in Rolling Stone magazine that a female student had been gang raped in 2012.

Although there are strong doubts that the rape took place in that case, it broached the issue that if a student reports rape on campus, school administrators may not be inclined to do much about it. The assaults often occur at parties where alcohol is readily available.

After the Rolling Stone bombshell hit, U.Va. officials temporarily suspended activities at fraternities and sororities to sort matters out. The university now has rules that ban mixed drinks and require sober monitors at Greek parties.

That’s a good step, but I think the General Assembly is wise to take it a step further with its requirement that alleged rapes be referred to law enforcement. Why not? Rape is a serious felony nearly up there with murder. Would school officials not report that one student had apparently killed another? Crisis counselors would be exempt from the requirement, so students in pain and unsure of what to do would still have a protected outlet to find help.

The Washington Post editorialized today that the legislature should take slower steps when considering new laws to help prevent campus rape. The newspaper believes that pushing ahead with mandatory rules on reporting rape would make victims not want to report anything at all. It wants to wait until a state commission tasked with reviewing campus rape issues deliver its report.

The Post is wrong here. Rape is rape. Of course it is incredibly personal, but if it is a crime, it should be reported as one. Doing so not only would affirm the rights of the victim, it also might help exonerate supposed perpetrators who have been falsely accused.

Having rape regarded as a true crime would demystify it and allow all sides to deal with it properly. And it’s not as if rape is suddenly no longer a college problem after the Rolling Stone story evaporated. A new documentary released at the recent Sundance film festival called “The Hunting Ground” is said to uproot rape cultures at schools such as Harvard, Notre Dame and the University of North Carolina at Chapel Hill.

If the film is accurate, Virginia legislators are right to address the problem, regardless of how the University of Virginia situation played out.

Incidentally,  poll taken by the Judy Ford Wason Center for Public Policy at Christopher Newport University shows that 90 percent of voters survey think the police must be informed  of campus rape allegations rather than have them handle internally. The results were released today.

Police Shootings in Virginia — a Social Injustice?

Protests in Ferguson

Protests in Ferguson. Photo credit: St. Louis Post-Dispatch

by James A. Bacon

As the national debate rages over police killing of blacks, Mark Bowes has conducted some excellent reporting for the Richmond Times-Dispatch. It’s easy to argue by media-fueled anecdote, as the United States has been doing for months now. But at some point, we need to look at the numbers. Bowes has compiled a list of all “justifiable homicide” police killings in Virginia between 1990 and 2013. While the numbers do not conclusively settle the question as to whether blacks are being unfairly singled out for state-sanctioned, police violence, they do narrow the parameters of the debate significantly.

According to Bowes, Virginia police have reported 130 people killed by police in “justifiable homicides” since 1990. Of those, 59 were black (45.5%), 70 were white and one was Asian. (The percentages for more recent years, 2000 to 2013, were roughly the same.) The African-American population in Virginia is about 20%.

By the most superficial measure imaginable, then, blacks are more than twice as likely as whites to get killed by police. But the picture changes when  the fatal-shooting ratio is compared to the percentage of violent crimes committed by African-Americans, about 60%. If we’re comparing people who engage in violent crime, blacks are less likely to be shot by police than whites. On the other hand, if we compare the fate of people assaulting law enforcement officers, blacks are somewhat more likely to be killed than whites. The experts quoted by Bowes agree that raw numbers will only take the analysis so far. It’s important to know the circumstances surrounding each shooting.

“Police killings are not random, and we shouldn’t expect killings to be proportionate to the population percentages, but instead proportionate with potentially violent encounters with police,” said Thomas R. Baker, a criminologist at Virginia Commonwealth University.

Baker homed in on another critical dynamic. Scholarly research indicates that blacks have more negative views of police officers than whites do, and they are less likely to cooperate with police.

Much of this distrust and dissatisfaction comes from negative direct and vicarious experiences with the police, including media accounts, and has unfortunately become inculcated among many black Americans. At the same time, police officers are not insensitive to this distrust and dissatisfaction, and may enter encounters with blacks on highest alert.

Providing additional training for police likely will have little effect unless accompanied by cultural changes on how police are perceived in the African-American community, Baker said.

Blacks have legitimate reasons, based in history, to distrust the fairness and objectivity of police. The question is the extent to which that distrust is justified today. Those who are committed to the idea of America as a fundamentally unjust society will say, of course, that it is fully justified. By picking a handful of incidents from across a nation of 320 million people, which then are magnified by the media, they can generate powerful images in support of their position.

But anyone can prove anything by cherry picking the data. Colin Flaherty, author of “White Girl Bleed a Lot,” has built a franchise around the documentation of black-on-white crime, most of which is ignored by mainstream media. Does this anecdotal data prove the existence of a black-on-white crime wave? No. We need to see the numbers.

Let us hope that Virginia never descends into the racial turmoil seen in St. Louis, New York, Cleveland and other cities. People of good will of all ethnicities and ideologies, especially those involved in the criminal justice system, need to work the problem described by Baker: Reduce the negative perceptions blacks have of police and reduce the hair-trigger responses of police active in black communities. As long as the negative perceptions of police are continually fed by national media, however, that won’t be easy to do.

The Importance of “Selma”

Selma_posterBy Peter Galuszka

“Selma” is one of those fairly rare films that underline a crucial time and place in history while thrusting important issues forward to the present day.

Ably directed by Ava DuVernay, the movie depicts the fight for the Voting Rights Act culminating in the dramatic march across the Edmund Pettus Bridge in Selma, Ala. in 1965. It portrays the brutality and racism that kept Alabama’s white power structure firmly in charge and how brave, non-violent and very smart tactics by African-American agitators shook things loose.

Holding it all together is British actor David Oyelowo as Dr. Martin Luther King Jr. Oyelowo’s subtle and vulnerable approach while dealing with infighting among his colleagues and revelations of his marital infidelities contrast with his brilliant skill at oratory. During the two hours or so of the film, Oyelowo’s booming speeches and sermons never bored me. By contrast, the recent “Lincoln,” the Steven Spielberg flick filmed in Richmond, was a bit of a snoozer.

To its credit, “Selma” never gets too clichéd even with the extremely overexposed Oprah Winfrey assuming roles as a film producer and also as an actress portraying a middle-aged nursing home working who gets beaten up several times protesting white officials who kept her from registering to vote.

“Selma” has been controversial because nit-picking critics claim the film misrepresents the role President Lyndon B. Johnson played in getting the Voting Rights Act passed. The film shows him as reluctant and the Selma event was staged to push him to move proposed legislation to Congress. A series of LBJ biographies by highly-regarded historian Robert A. Caro show the opposite – that Johnson, a Southern white from Texas — was very much the driver of civil rights bills. In fact, his deft ability to knock political heads on Capitol Hill was probably the reason why they passed. It was a feat that even the Kennedys probably couldn’t have achieved.

One scene in the movie bothered me at first. King leads protestors to the Selma court house to register. When a brutal sheriff stands in their way, they all kneel down on the pavement with their arms behind their heads in a manner very reminiscent of last year’s protests against a police killing in Ferguson, Mo.

I thought, “Hey, I don’t care how they present LBJ, but fast-forwarding to 2014 is a bit of stretch.”

Then I decided that maybe not, history aside, the same thing is really happening now. There’s not just Ferguson, but Cleveland, Brooklyn and other places. The Richmond Times-Dispatch reports this morning that over the past 14 years, police in the state killed 31 blacks and 32 whites. Only 20 percent of the state’s population is black. Now that is a disturbing figure.

Another disturbing allusion to the present is the widespread move mostly by Republican politicians in the South and Southwest make it harder for people to register to vote. In one move scene, Oprah Winfrey wants to register before an arrogant white clerk. He asks her to recite the Preamble to the U.S. Constitution. She does. He then asks her how many judges there are in Alabama. She gives the correct number. He then demands that she name all of them, which very few might have been able to do. She is rejected.

The moves to blunt new voters today is focused more on Hispanic immigrants but it is just as racist and wrong. And, Virginia is still stuck with the anti-voter policies of the Byrd Organization that was in power at the time of the Selma march. The idea, equally racist, was to keep ALL voters from participating in the political process as much as possible. That is why we have off-year elections and gerrymandered districts.

I was only 12 years old when Selma occurred but I remember watching it on television. I was living at the time in West Virginia which didn’t have that much racial tension. But I do remember flying out of National Airport in DC on the day that King was assassinated. The center of town, mostly 14th Street, appeared to be in flames.