The three former lacrosse players who were wrongly accused of rape have filed suit against a long list of law enforcement officials in Durham, NC, as well as against the City of Durham and a lab which played a role in the investigation of their case. Repeatedly saying that the suit is not about the money, punitive damages of $30 million are being sought.

That means that each of three lawyers intends to make at least $4 million dollars off the citizens of Durham, for a total of $12 million. It's a shame.

According to the Durham Herald-Sun, the lawyers wrote in superlatives when they claimed their case is "one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history." Hmmm . . .

Hundreds of lynchings from the late nineteenth century into the past decade have usually had the cooperation of law enforcement. The reporting of Ida B. Wells and others helped to reveal the collusion of the legal system with these festive gatherings for murder. The entire history of the enslavement of Africans included the cooperation of the legal system, with laws to enforce the subjugation. Laws would clearly be a kind of premeditated action.


In 1999 in the town of Tulia, Texas, an undercover cop organized a major "drug bust" based only on his testimony, in which 46 people were rounded up, including over 10% of all black residents of the town. By 2003, the discredited undercover cop was convicted of perjury, the Texas legislature had passed several laws to reform the system that had allowed this travesty, and all who had been convicted (and sentenced to as many as 431 years in prison) had been released. Judges and law enforcement officials had supported the prosecutions based on fabricated evidence.

As for scientific misconduct, the single word Tuskegee speaks volumes.

How many years did these young men spend in jail? How many of them were grabbed and beaten by a mob? How many died of their mistreatement?

What was done to them was wrong, but "one of the most chilling episodes" is way over the top.

Let the spotlight shift to Jena, LA. Durham, NC, has been the focus of national attention on politics in the justice system, the presence or absence of racism, and the way that people debate about crime and race in public. The continuing residue of this discussion has to do with (1) what kinds of power a district attorney can have in the investigation and pursuit of criminal cases and (2) how public intellectuals such as university faculty ought and ought not to speak out in the context of a public criminal case.

In Durham we have the so-called Group of 88, Duke professors who signed a statement concerning the ongoing problems of racism and sexism at their university. They wrote it in the heat of the early investigation about the Duke Lacrosse team party which employed African American exotic dancers in a setting of heavy drinking. As most everyone knows, one of the dancers charged that she was raped, and three members of the lacrosse team were charged. Eventually, the woman's account of the alleged crime fell apart, and all charges were dropped. These professors continue to be the object of attack for having spoken out in a context that some people say was prejudicial to the students charged, unduly critical of their university, and overall in bad taste for talking about racism and sexism as if they are problems in this day and time.

Well, now the same kind of hubbub has appeared in Jena, Louisiana. It is not really new. It started last September. But only now it is getting picked up by a few news sources. Curtis Freeman alerted me to a news story on the BBC website. I found another article at the Chicago Tribune site. I'll quote a bit from the latter as I highlight the story here. I have not seen any all day coverage on CNN or MSNBC or Fox. We'll see if that comes (NOT).

There is a racial incident that started it all. When black students got permission from the principal to go and sit under a tree in the school yard that traditionally was only for the white kids, they did it for the first time. This is 2007. The next morning, three nooses were hanging from the tree. It was not hard to find out who had done it, and three white male students were recommended for expulsion from school. They eventually only got a three day suspension.

This sequence of events led to a good deal of conflict, and a series of incidents involving fights, beatings, and guns (no shootings) occurred. When white people were harassing blacks, they received lesser charges. But when some black boys ganged up on a white boy, causing only minor injuries, they were charged with attempted murder.

So there is a District Attorney acting in arbitrary manner. Many folks around the country incensed about the situation in Durham seem to think that prosecutors acting in ways that don't seem fully just, and even acting arbitrarily, is a new thing in the Duke Lacrosse case. What is new about it is that it happened in a racial context to the disadvantage of privileged white boys in a major university. It has happened over and over to the poor, to blacks, to Latinos, to other minorities, but seldom does the public hear about it. Let's make sure the public hears about Jena, Louisiana, and District Attorney Reed Walters of LaSalle Parish.

Second, most people in Jena want to say that there is not a problem of racism in their community. Yet only sixteen years ago, most of this town's white votes for Louisiana Governor went for David Duke, KKK leader. But in response to the hanging of the nooses, the white school superintendent "ruled that the nooses were just a youthful stunt." The mayor tried to play it down, too. "Jena is a place that's moving in the right direction," said Mayor Murphy McMillan. "Race is not a major local issue. It's not a factor in the local people's lives."

Thanks be to God for a Pentecostal preacher who spoke up, and the lone black school board member who added his agreement.

"I've lived here most of my life, and the one thing I can state with absolutely no fear of contradiction is that LaSalle Parish is awash in racism -- true racism," a white Pentecostal preacher, Eddie Thompson, wrote in an essay he posted on the Internet. "Here in the piney woods of central Louisiana ... racism and bigotry are such a part of life that most of the citizens do not even recognize it."

The lone black member of the school board agrees.

"There's no doubt about it -- whites and blacks are treated differently here," said Melvin Worthington, who was the only school board member to vote against expelling the six black students charged in the beating case. "The white kids should have gotten more punishment for hanging those nooses. If they had, all the stuff that followed could have been avoided."

On one web site I read someone's comment that they feared for him now that he had made these public comments. They expected that he will be harassed and maybe worse. Rev. Eddie Thompson and Melvin Worthington and Caseptla Bailey (mentioned in both news articles) are Jena's Group of 88. When they see racism, they call it what it is. May there be at least another 85 people to stand with them.