Diversity Is Strength! It`s also…Minority Jury Nullification.


"What do you have to

do today

to get the death penalty?"

asked Channon Christian`s father incredulously.

Letalvis
Cobbins, a black man, was convicted of kidnapping,
raping, and murdering the 21-year-old white girl in the
January 2007


Knoxville Horror
.
 And yet the
jurors sentenced him to


"life without
parole"
. [Letalvis
Cobbins found guilty in Christian—Newsom murders
,
WATE, August 25, 2009.]

Since
murderers have been


known
to be

released from prison sentences of "life without parole"
,
and prison is for the most violent black and Hispanic
offenders a felon`s paradise, replete with cable TV,
weight lifting, and


ample opportunities
to
deal and buy drugs and


gang-rape white men
,
Cobbins` sentence is both misleading and of dubious
punitive value.


The jury`s pretext
for
not sentencing Cobbins to death for the most heinous
crimes ever committed in Knox County: laughable


"mitigating" factors
,
which it asserted outweighed any


aggravating factors
:
"[A]
horrific childhood, the pleas of his relatives and his
alleged role as subordinate to an evil mastermind"
.

One or more of
the potential jurors obviously perjured himself during
voir dire.
Because District Attorney General Randy Nichols had
announced


that he would seek the death penalty for Cobbins
,
each Cobbins juror had to be
"death penalty-qualified" i.e., had to testify during jury selection
that he was willing to consider the ultimate sanction or
be automatically disqualified.

(In an
instance of


criminal justice affirmative action
,
in Tennessee a prospective juror in a capital case


must also say that he will consider
a convict`s
"background"
—wink,
wink—rather than simply his crimes, in deciding whether
to sentence him to death.)


Presiding Judge Richard Baumgartner had sabotaged the
possibility of a death sentence before the trial even
began. Arguing that pre-trial publicity made it
impossible for the defendant Cobbins to get a fair trial
with a Knox County jury, Baumgartner


went to Davidson County

to fetch a jury to bus in to Knoxville, the Knox County
seat, and sequester for the trial.


Baumgartner then permitted

"Cobbins` defenders


[to use] the jury challenge process to fashion a predominantly black panel from
Davidson County."


The jury originally

contained only three white jurors, for crimes whose
victims were both white, and which were carried out in a
jurisdiction that was


87.3 white, and only 8.8 percent black
.
By contrast,


Davidson County is 27.5 percent black
.
(During the trial, a black female juror who was herself
a rape victim was upset by pictures of the victims` rape
wounds, and was replaced by a white man.)

Judge Baumgartner`s actions give new
meaning to the phrases,
"busing to achieve racial balance", and
"racial
gerrymandering"
. He should be kicked off the bench
and disbarred for his chicanery, but he`ll more likely
be the hero of the cocktail party circuit.

By all
accounts lead prosecutor, ADA Takisha Fitzgerald (who is
black), acquitted herself honorably. But she and her
(white) co-prosecutor, ADA Leland Price, never had a
chance with that jury.

This sort of
behavior has become pervasive among black and other
minority jurors. Their refusal to punish, or in some
cases even to convict, heinous minority criminals
amounts to a form of
"
jury
nullification
"
that threatens the entire justice system.

Another
recent example: Last December,


Brian Nichols`

confessedly


racially motivated, 2005 Atlanta mass murder spree

resulted in only


a life sentence,
"without parole"
.

The last case
I know of (thanks to reader
"D") in which
black jurors sentenced a black defendant to die for his
crimes, was the 1992 trial in Los Angeles`


Mount Olive Church of God and Christ double-murder
,
in which both victims were black.

However,
even


that case required that prosecutors excuse numerous
black potential jurors

via peremptory challenges, after the latter expressed
attitudes that were
"anti-police,
anti-prosecution, or anti-death penalty"
.

Black
potential jurors have since gotten smarter, and now
publicly conceal their true views.

In what
constitutes the criminal justice credo of America`s
"civil rights" tradition, beginning during the 1960s, ever-expanding
swathes of black America have decided,


the facts be damned
:


1.
 That entirely

too many black
(and
entirely


too few white
) males are in jail;

 


2.
 That black convicts
are getting unfairly harsh (and white convicts getting
unfairly light) sentences;

 


3.
 That innocent black
boys and men are being arrested by racist, brutal white
policemen (
"police
brutality"
), and
railroaded by
"racist,"
white juries, while white criminals are
operating with carte blanche
;

 


4.
 That America`s laws do
not apply to blacks; and

 


5.
 To

encourage young blacks
to
violate


"the white man`s
laws,"
and to
openly oppose

the symbol of
that system, the
"racist,"
white policeman.

Granted,
the various points contradict each other and, to be
sure, different parts of the black population initially
adhered to different points of the above-listed,
paranoid agenda. But some embraced them all. I believe
that today the vast majority of blacks—in urban areas as
much as 90 percent—embrace all five points.

Thus has
the racist black lunatic fringe become the racist black
mainstream.

I call
this attitude, the


paranoid, black
supremacist, jailhouse philosophy of law
.
"Jailhouse,"
because such rationalizations are the sort of thing one
used to expect from present and aspiring


black convicts
, not from
black church deaconesses.

Today, black civilians,
lawyers, and felons alike routinely invent non-existent
legal requirements as a pretext for acquitting black
criminals, or diminishing their punishment, e.g.,
variously denying, expanding, or twisting legal
principles such as criminal culpability and


"acting in
concert"
(in
Tennessee,


"criminal
responsibility"
—under
the pre-diversity understanding of
"acting in concert", Letalvis Cobbins would also have been convicted
of Channon Christian`s boyfriend`s murder, of which he
was acquitted),


"burden of proof"
,
and even


the presumption of innocence
, in
order to rationalize acquitting guilty blacks,
railroading innocent whites, and generally turning the
law on its head.

For
instance, in 1996, a black man who claimed that he dealt
with the police every day professionally (while refusing
to say just what his profession was), insisted to me
that O.J. Simpson could not legally have been convicted,
because: (1) The murders could not possibly have been
carried out by one person; and (2) The law forbids
convicting one person alone for a crime that was
committed by two or more.

Black
jurors have condemned police for engaging in perfectly
legal practices, and used these non-violations as
pretexts for acquitting black murderers, such as:

There is
also mainstream black opposition to:

The foregoing dodges can be summed up
in one phrase: "It ain`t over `til the black felon wins."

It`s bad
enough that most blacks embrace such insanity. But for
over 40 years, they have increasingly succeeded at
imposing it on America`s criminal justice system.

The
writer who laid the foundations for all this was the
black novelist


James Baldwin
.

The
1960s saw an explosion in black crime in general,
black-on-white crime in particular, in the form of both
race riots and street crime, and some bizarre jury
verdicts and sentences in racially significant cases.

Few
people today know about a series of


four black lynchings of whites carried out in Harlem
from 1963-1964
, by the
racist Blood Brothers gang. Baldwin had previously
provided the


boilerplate for the
"police
brutality"

myth, (later re-spun and rebranded as the


"racial profiling"

myth). When six
suspects in the Harlem lynchings were arrested, tried,
and convicted, Baldwin


wrote the script

for what would become, to my knowledge, the first
successful, modern black race hoax. Baldwin
"disappeared"
the four lynchings, and got
"The Harlem Six"
retried and acquitted, under cover of
"civil rights"
hysteria.

Today,
no one seems to know if the six were innocent.

This
drama has since replayed itself many times.


  • In 1967, racial terrorist,
    mass murderer, and Black Panther (
    PDF)
    co-founder,


    Huey Newton (1942-1989)
    ,
    murdered white Oakland Patrolman John Frey, wounded
    white Patrolman Herbert Heanes, and kidnapped motorist
    Dell Ross. Although Newton`s crimes were sufficient to
    see Newton executed, he was initially convicted of mere
    voluntary manslaughter, and sentenced to 2-15 years in
    prison. After serving 21 months, Newton`s conviction was
    reversed on a technicality.

Newton
was tried two more times, but after hung juries,
California authorities gave up. Newton


returned to his life of terror and crime
.

Although
Carson was charged with murder, attempted murder, and
kidnapping, the jury convicted him only of kidnapping,
under the legally irrelevant pretext that the jurors
weren`t sure


"whether or not he had ordered the shooting"
,
acquitting him on the other charges. He served a mere 17
months, was released, and picked up his criminal, er,
community organizing career where he had left off.


  • In the late 1980s, a series
    of black and Hispanic New York City juries acquitted
    black mass murderer-robber-kidnapper-mass attempted
    murderer


    Larry Davis
    (1966?-2008)
    of attempting to murder nine policemen who had gone to
    arrest him, of aggravated assault for the six cops he
    had shot that night (while the same jury convicted him
    of illegal possession of a firearm!), and of all charges
    regarding five drug dealers he allegedly had murdered.

The
shameless juries—
many
local blacks still lionize Davis
—embraced
Davis` defense attorneys` fairy tale that the police
were his crime partners, who had sought variously to
frame and murder him. Fortunately, in 1991,


a jury convicted Davis
in
the murder of a sixth drug dealer.

Juror
identification with predators translates into
revolving-door justice, in which the most violent felons
spend more time on the street than in lock-up.

The


Knoxville Horror

could never have been committed had the alleged
"ringleader"
not been given a token sentence for previous violent
felonies.


In 2001, Lemaricus Davidson was convicted in Tennessee
of carjacking and aggravated robbery, for which he could
have been sentenced to life in prison. Instead, he
served a mere five years.


While exuberantly supporting the most bloodthirsty black
felons,
blacks also
often demand the incarceration of innocent whites.

In 1992, four
LAPD officers were acquitted in a state trial of using
excessive force under color of authority. Their alleged
"crime" was the brutal but perfectly lawful beating of


parole-violating felon Rodney King

who, while in a state of extreme intoxication, had led
police on a chase at speeds of up to 115 miles per hour,
violently resisted arrest, and assaulted four officers.

Their
acquittal was greeted by


the worst race riot in American history
.

The feds responded by retrying the
officers in an unconstitutional, double-jeopardy, civil
rights trial. Jurors convicted two of them. Koon and
Powell`s federal convictions were the result, variously,
of racist black jurors, leftist whites, and whites who
either appeased the racist black jurors, or as Lou
Cannon suggested in his monumental work, Official Negligence : How Rodney King and the Riots Changed Los Angeles and the LAPD, sacrificed the two officers to
"the 13th
juror"
—the
"street"
, i.e., the fear of additional black race
riots.

Racist
blacks also demand that whites be imprisoned for acts


"violating" non-existent laws
, as in
the


Jena Hoax
, or for acts
that never occurred, as in the

Duke
Rape Hoax
.

One of
the ever-burgeoning blessings of diversity is that it is
not just racist black jurors who are destroying the
criminal justice system. Racist, Hispanic immigrants
likewise refuse to recognize America`s laws, and
diversity has emboldened


a minority of white jurors

dedicated to thwarting justice, who see themselves as
the


"allies" of
blacks
(read: black
criminals), and as


"race traitors"

towards

other whites
.

Given that the
state trials of Cobbins` three co-defendants are yet to
come —with Judge Baumgartner presiding over all of
them—and a


federal retrial of convicted accessory Eric Boyd

is possible, we will have the opportunity to observe up
to four replays of the Cobbins travesty.

The
destruction of America`s criminal justice system is one
of the many gifts of
"diversity",
which was originally called the
"civil rights
movement."
When black civil rights leaders began
their war on America`s legal system, the country was 88
percent white, and 10 percent black.


America is now only
66.3
percent non-Hispanic white, as opposed to 12.6 percent
black, 14.7 percent Hispanic, and 4.4 percent Asian. And
the law is being worn away a little each day.

I have touched here only on
the jury problem—leaving aside the issues of
diversity-oriented


local
and
federal
prosecutors, sentencing (and


reversals
) by
judges,


"de-policing"
,
politicians who aid and abet criminals (
here
and


here
), and
diversity-based,


systemic overload
.

America can have
"diversity"—or
it can have justice.

But, as is becoming
increasingly clear, not both.


Nicholas Stix [email

him] lives in New York City, which he
views from the perspective of its public
transport system, experienced in his
career as an educator. His weekly column
appears at


Men`s News Daily

and many other Web sites. He has also
written for Middle American News, the
New York

Daily News,
New York Post, Newsday,
Chronicles, Ideas on Liberty
and the
Weekly Standard. He
maintains two blogs:

A
Different Drummer
 and

Nicholas Stix, Uncensored
.