Michael Stewart: A Legal Argument for Darrius Kennedy

Eleven law enforcement officials fatally beat an unarmed Michael Stewart in Manhattan in 1983 for kissing a white woman. This was not Money, MS in 1955. A zebra is unable to change its stripes and a leopard is unable to change its spots. The U.S. Supreme Court decision in Loving v. Virginia, decided in 1967, would have been of no moment to white racists in New York.
When an animal dies at the hands of a human being, there should be a grand jury investigation. This discretionary right was acquired by the animal rights movement. Today, more law schools are teaching more courses in animal rights than in civil rights. See, for example, the criminal prosecutions of Michael Vick, in state and federal courts.

In 1983, Manhattan District Attorney Robert Morgenthau said that Blacks were not animals. They were heathens. This conclusion resulted from his practices. Consequently, English jurisprudence did not apply to them. They were to be governed by slave jurisprudence. The “Gang of Four” did not oppose this obsolete rationale.

The Black community, under the auspices of the “Gang or Four” and high-profile Black activists, were unwilling to oppose Morgenthau. There were three Black attorneys in New York City, however, who found him unacceptable. Although neither legal representation nor political representation was available to Blacks, these attorneys were willing to stick their necks out for a good cause. Rev. Al Sharpton could not be located by the media for comment. It is important to note that Mayor Ed Koch resided in Gracie Mansion.

In recent times, the leading authority on slave jurisprudence was the late Hon. A. Leon Higginbotham, Jr. of the U.S. Court of Appeals for the Third Circuit. He is also the author of In the Matter of Color and Shades of Freedom which states on the book jacket:

In Shades of Freedom, Judge A. Leon Higginbotham, Jr. provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law –the judicial system– instead played a dominant rule in enforcing the inferior position of Blacks.

Attorneys Louis Clayton Jones, Michael Warren and myself informed Morgenthau that when one person dies at the hands of another person, a grand jury investigation is necessary. This is a homicide. A properly-impaneled, grand jury, after being given proper grand jury instructions, decides if a criminal prosecution is warranted.

Faced with the law from three zealous and competent attorneys, Morgenthau had to yield and convene a grand jury. Of course, he still had tricks up his sleeve. Because the grand jury is a secret proceeding, Morgenthau had a virtual free hand before it. He had never indicted a white cop for killing a Black person. This continued until one of the white grand jurors “snitched” on him and his secret practices in the grand jury.

We demanded a second grand jury investigation after a white grand juror exposed him. Morgenthau claimed that double jeopardy barred a second grand jury investigation. We reminded him that double jeopardy only bars a second, criminal trial. There can be repeated grand jury investigations.

The second time around, Morgenthau knew that he was not dealing with the “Three Stooges”. What a difference a second grand jury made. The second grand jury did indict the cops on homicide charges. Blacks were doing fine in the prosecution of the eleven cops until the judge scheduled a mock trial. The rest is history.

On the front page of the Daily News on Sunday, August 12, 2012, there is a photograph of a Black man with arms raised behind his back and white police officers with guns drawn. The front page reads “Dead!” “Cops shoot man armed with knife in Times Square”. There is a similar photo and comments in the New York Post.

Although a picture is worth more than a thousand words, Rev. Al Sharpton and state Senator Eric Adams have chosen to verbally attack the Black community on the orders of Police Commissioner Raymond Kelly. They have made no comments about the killing in Times Square. No real leader would verbally attack his or her own “community”. It sounds like a colony, at best.

The photograph tell the story of a firing squad in Times Square and not in Utah. The Black man was too far away for the police to claim self-defense. There is no evidence of a knife in the hands of the Black man but there is evidence of cops with guns drawn. The autopsy report is additional proof of a homicide.

Several years ago, I stated that the NYPD was guilty of racketeering under RICO. New York State Attorney General Eliot Spitzer, at the time, disagreed. He stated that receivership was unavailable as a remedy. Things changed when the Walkill Police Department started the “stopping and frisking” of white women. In a heartbeat, New York placed the Walkill Police Department in receivership. Today, Black women in New York are subject to “stop and frisk” by white, male officers.

I asked the late Johnnie Cochran to place a RICO count in his lawsuit against the New York Police Department over the sexual assault of Abner Louima. Johnnie promised me that he would include a RICO count in the lawsuit but Rev. Sharpton was not a happy camper. The case was settled for cash. RICO went out the window. Thus, the argument for receivership also dropped dead.

If Sharpton is the HNIC and Adams is his sidekick, members of the Black “colony” should be demanding a criminal prosecution in the senseless death of 51 year-old Darrius Kennedy who had a better chance of survival in front of a firing squad in Utah. A firing squad must wait, at least, until after a defendant has been accorded “due process”. The NYPD is always judge, jury and executioner.

Sharpton was seasoned and conditioned on the plantation co-owned by the former Mayor Ed Koch and former U.S. Senator Alphonse D’Amato. It is no coincident that they appear on NY 1 weekly. The late Andy Cooper, publisher of the City Sun, was a source on the master-slave relationship between D’Amato and Koch, as masters, and Sharpton as a slave.

Similarly, Rev. Herbert Daughtry and Councilman Charles Barron are from the plantation of Robert Abrams. Dave Dinkins is the plantation overseer. Because Dinkins opposed the “Central Park 7”, Daughtry and Barron also opposed the “Central Park 7”. They still oppose the “Central Park 7”. They also opposed Tawana Brawley because Abrams opposed her.

Blacks have more than one year to decide their fate in New York. It will be time for another white, slave master in Gracie Mansion unless Blacks instigate a “slave rebellion” at the “ballot box”. The American way is “the ballot or the bullet”. There is a reason why the Second Amendment follows the First Amendment. William Thompson Jr. is not the answer. He is part of the problem.



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