The Jason Stokley and Anthony Lamar Smith Controversy

Certainly unarmed black male homicides can be justified. So, I do not allow the words “unarmed black male” to lead me into thinking a cop did not have the right to shoot the person. I need to look at the facts before I can render any judgement. The facts and evidence are not based on race. I suggest we all do this and not automatically become alarmed just because the word “unarmed black male” is used and then jump to any conclusions.

In some cases, it does appear to be a definite bias and cover-up of an unjustified homicide or a murder.  Download a free pdf copy of my book,  Accessories After the Fact: The Trayvon Martin Murder Cover-Up, which is the George Zimmerman case that initiated the focus on obstruction of justice by police and the killing of unarmed black males.   [Download not found]

It also appears to be an unjustified homicide cover-up in the Jason Stockley killing of Anthony Lamar Smith as well.  Why?

  • Prosecutors allege Stockley said he would kill Smith about a minute before he shot Smith.
  • The cops pulled Smith’s body from the car.  This is contamination of a crime scene.  They did not render any aid to Smith or try to resuscitate Smith either.
  • After killing Smith, Stockley returned to his car, looked for something, went to the car Smith drove, and sat in his car seat.  This is highly unusual behavior.  In fact, it is contamination of a crime.  Thus, his behavior appears to support the claim that Stockley planted a gun in Smith’s car, especially since the gun only had Stockley’s DNA on it.

White Cop Cleared in Death of Black Man

What Will It Take to Reduce Unjustified Homicides and Murder Cover-Ups?  The attitudes of those who control the criminal justice system must change into a belief that all races should be treated justly and then provide punishment to those who attempt to cover-up the unjustified homicide or a murder.  This also means exposing the alleged cover-ups despite what a prosecutor, judge, or jury decides.  Society must be will to no longer sweep a painful event under the rug just because it generates so many different emotions.  Until we face our problems, we cannot solve them.  The Trayvon Martin killing remains an unsolved problem.

I believe in forty years at the maximum the current attitude will change to one of just treatment of all races.  The old guard is finally dying out, more alleged cover-ups are getting national news attention, and many of the youth of today do not discriminate based on color.

How are criminals often viewed compared to police? This may sound unfair, and life is not fair, but many times a judgment will be made as to the value of a life and in many times the police officer’s life will be valued more than a criminal’s simply because the officer is viewed as a contributing member to society who risks his life every second he is out in the streets.

On the other hand, a criminal who is dealing drugs is considered a menace to society and there is not much empathy for him. I will not say this is the case here. I will only say it appears to be. Why?

• Only the officer’s prints were on the gun found inside the car.
• It is claimed the officer said he will kill the criminal a minute before he shot him ( and a tape may be played showing this).
• A jury trial was waived.

The main reason a jury trial is waived in a murder trial is because the odds are stacked against the defendant being found not guilty given the above facts if a fair jury trial is held.  Waiving a jury was a smart move in this case.

Impact of Expert Opinion – Often an expert will be called to testify whose testimony can be a defining factor in the outcome of the case. The defense team will not hire an expert who will not say what they do not want him to say! Here lies the rub. In this sense, the prosecution needs to hire an expert who will say what he wants him to say.

If it were left to a fair jury and the prosecutor argued effectively that it was murder, the outcome most likely would be a guilty verdict given because

• Only the officer’s prints were on the gun found inside of the car.
• It is claimed the officer said he will kill the criminal a minute before he shot him ( and a tape may be played showing this).

Do protests change the outcome of a verdict? NO! It would be an admission that the judgement rendered was flawed and would call into question the ability of law enforcers to administer justice. Plus, they do not want to change a verdict just because people are protesting it.

What good does a peaceful protest do? It allows those who were affected to physically express their hurt and anger in a peaceful matter and it garners some attention to what occurred. The law enforcers know this so they allow peaceful protest. Eventually, the peaceful protesting will die out as people return to their daily lives. Thus, it is a waiting game.

Do protests reduce obstruction of justice? I would have to say no from what I have observed. However, it may cause law enforcers to change tactics to carry out obstruction of justice.  Simply protesting is not enough incentive for law enforcers to stop obstructing justice. Besides, they would have to acknowledge they were taking illegal action and that is even less likely to happen.

Is protester violence effective? First, I do not advocate violence, but I will say sometimes violence is needed in certain situations if all other methods have failed. It can be effective if done strategically. The people obstructing and preventing justice must suffer unfortunate consequences because of their obstruction. Otherwise, what incentive is there to change.

However, non-violent strategies can be used as well to show those who would obstruct justice that it would not be in their best interest to do so. I have noticed that the infliction of pain in one form or another is the fastest way to bring about change. I said the fastest not necessarily the ideal.

The Judge’s Role When Jury Trial Is Waived – A judge is expected to be impartial and base his decision only on the facts of the case. We know that this does not always occur. Thus, to remedy this, a solution must be found.

Did President Obama help young black males while in office? He helped, but not in the way most needed.  I believe if this murder cover-up had been exposed nationally and followed through until needed change occurred, society would be a lot farther along in achieving equality and requiring greater accountability in law enforcement. Unfortunately, President Obama closed this can of worms by saying the jury has spoken. He also said change must come gradually.  According to who Obama?

I don’t care if the jury has spoken!  If the prosecutor obstructed justice, it is unfair to the jurors and the American people who put their trust in the criminal justice system. When that trust is violated, law enforcers must be held accountable or we must stop trusting them!

[whohit]Jason Stokely[/whohit]