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MAY 24 – MAY 30, 2019

VOLUME 27 NO. 21

DEATH IN A FOREIGN PRISON In an exclusive first-person story written for the Florida Courier, former State Representative Dwayne Taylor describes his experience as a prisoner in the Atlanta Federal Penitentiary’s minimum security prison camp. Editor’s note: After a four-day jury trial in Orlando in August 2017, Dwayne Taylor was convicted of eight counts of wire fraud in connection with alleged misuse of campaign funds. A federal appeals court denied his appeal in August 2018. He completed his prison sentence in December 2018, but is still on federal probation. BY DWAYNE L. TAYLOR SPECIAL TO THE FLORIDA COURIER

I have an autoimmune disease that was not discovered and diagnosed until I was in my early 40s. For the last five years or so, I had

PART 2 been receiving injections weekly with a very expensive and important biologic to prevent my body, including my organs, from attacking itself. This disease is deadly and causes me a lot of pain when left untreated. So it was vital that I receive this medication while in prison. If left untreated, the effects are irreversible. The first time I told the medical staff how much I needed my medication, they both smirked as if they knew I would not be get-

Dwayne Taylor says that nonviolent, short-term prisoners in the Atlanta Federal Penitentiary complex are treated like hard-core criminals. ting anything. A prisoner is given only what the prison medical staff wants to give you. In my case, that was mostly nothing. I was told by the medical staff that people die in prison all the time and they would watch me

medical services. I am a former fireman, was a paramedic, and taught at my local college. When it comes to being able to recognize the cardiac signs and sympSee PRISON, Page A2

MOREHOUSE COLLEGE COMMENCEMENT 2019

Something to sing about

FAMU athletics program hit with penalties COMPILED FROM WIRE AND STAFF REPORTS

TALLAHASSEE – Florida A&M University will be banned next year from post-season play in major sports, will have records vacated for a dozen teams and will face financial penalties and scholarship reductions, after an NCAA panel found the school “lacked institutional control” and did not properly certify the academic eligibility of athletes. Florida A&M and the NCAA announced the penalties Tuesday, with the school’s athletics department placed on probation for five years. The university said 93 athletes had been improperly certified as eligible to participate in 12 sports from 2010 to 2017.

Reasons for ineligibility

C.D. MOODY, JR. / SPECIAL TO THE FLORIDA COURIER

Newly-minted ‘Morehouse Men’ sing the college hymn, ‘Dear Old Morehouse,’ for the last time as students.

Who is this man?

Billionaire philanthropist Robert Smith announced that his family was providing a grant to eliminate the student debt of the entire Class of 2019 at Morehouse College.

A humble but ‘woke’ Black billionaire COMPILED FROM WIRE REPORTS

ATLANTA – Robert F. Smith’s gift of paying off the student loans of Morehouse College’s 2019 graduating class stunned the school’s students and faculty, but it was just the latest act of philanthropy by the quiet billionaire tech investment executive who is concerned that economic opportunities for African-Americans have narrowed. “My family is going to create a grant to eliminate your student loans!” Smith told the graduates during his commencement address. “You great Morehouse men are bound only by the limits of your own conviction and creativity.”

Millions in debt eliminated Smith made the surprise announcement Sunday while giving the college’s commencement address. His gift is estimated at $40 million-plus. Smith, 56, is the nation’s richest Af-

ALSO INSIDE

RICKY CARIOTI/THE WASHINGTON POST/GETTY IMAGES/TNS

rican-American – ahead of Oprah Winfrey–with a net worth of $5 billion, according to Forbes. He amassed his wealth as chief executive of Vista Equity Partners, a private equity firm in Austin, Texas, that he founded in 2000. Vista Equity buys, grows and sells companies in the software and other technology fields. It manages $46 billion in investments with a portfolio of

“The university certified student-athletes as eligible when they failed to fulfill required credit hours, did not complete required percentages of their degree by designated times, did not meet minimum GPA requirements and/or failed to meet transfer requirements or exceptions,” the NCAA announcement said. “It also failed to certify a student-athlete’s amateurism status and allowed another student-athlete to compete after the student-athlete had exhausted all seasons of competition.” The post-season ban in 2019-2020 will affect the football, men’s basketball, women’s basketball, baseball, volleyball and men’s indoor and outdoor track and field teams, the announcements said. See FAMU, Page A2

SNAPSHOTS

FLORIDA | A3

Supreme Court eyes key death penalty issue

Campus early voting battle continues

more than 50 companies that employ more than 60,000 people, according to the firm’s website.

Top Black company His company is No. 1 on the BE100s (Black Enterprise magazine’s annual list of the most successful Black-owned See SMITH, Page A2

NATION | A6

Who can be jailed under abortion law

GUEST COMMENTARY: DR. E. LABRENT CHRITE: AN OPEN LETTER TO B-CU STAKEHOLDERS | A4 COMMENTARY: GLEN FORD: AMERICA ECLIPSED IN EVERY SPHERE BUT WAR | A5

FOCUS

MAY 24 – MAY 30, 2019

STOJ

SMITH

FAMU

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companies) Private Equity list with $14 billion in capital under management. His company has been named to the BE 100s list for about a decade. Vista Equity Partners was BE’s 2013 Financial Services Company of the Year. Smith seldom gives interviews and operated in relative obscurity until a few years ago. His profile began growing in step with his philanthropy, much of which is aimed at supporting the African-American community, and with more public appearances. Speaking at the Milken Institute Global Conference in Beverly Hills, Calif., this month, Smith warned that educational and economic opportunities for African-Americans had narrowed since the time he and other Denver children were bused to recently desegregated schools in the area.

Among other things, the penalties include a 10 percent reduction in scholarships for the football program in 20192020 and 2020-2021 and 10 percent reductions in 20192020 for the baseball, men’s basketball, women’s basketball, men’s track and field and volleyball teams. The university said on its website that it has taken a series of steps to address the problems in the athletics department.

‘Great public schools’ “There is only one of those folks that were on that bus that actually got incarcerated,” he said. “We have doctors. We have lawyers. We have politicians. We have investors – all because we had the opportunity to get into a great public school. “That dynamic lived in my neighborhood. It doesn’t live in that neighborhood today as much as it did then. The economic opportunity that was afforded me, I think, has changed. It has shrunk.” Smith said African-American communities are as segregated today as in the 1950s, subjecting them to “economic underdevelopment” that doesn’t allow them to fully participate in the economy. He called for companies to invest in the problem, including by offering internships to underprivileged students who may not even be aware of the job opportunities created by the tech revolution.

Constantly giving Months before saying he’d wipe out the student loans of this year’s graduating class, Smith announced a $1.5 million gift to Morehouse. He also has donated $20 million to the Smithsonian’s National Museum of AfricanAmerican History and Culture in Washington, and he and his foundation have given $50 million to Cornell University, his alma mater. In 2016, Smith became the first

COURTESY OF MOREHOUSE COLLEGE

Morehouse College commencement speaker Robert F. Smith shocked the world with his promise to pay an estimated $40 million of debt owed by the college’s Class of 2019. African-American to be named chairman of Carnegie Hall. He had served on the celebrated New York concert venue’s board and was a donor, and hall officials cited his passion for music and his desire to help undeserved communities connect with the arts. At a gala last fall for the City of Hope – the cancer hospital and research center in Duarte, Calif. – Smith was the largest individual donor, with a gift of $500,000 that was earmarked for prostate cancer treatment for Black men and breast cancer research for Black women. Smith also signed on to the Giving Pledge, a commitment by the world’s wealthiest individuals and families to dedicate a majority of their wealth to philanthropy. The concept was formed by Bill and Melinda Gates and Warren Buffett.

Living large The Colorado native also enjoys the fruits of his success. He owns a $59 million penthouse in Manhattan and a $19.5 million mansion in Malibu, Calif., among other properties, according to media reports. Smith has five children, three from his first marriage and two with wife Hope Dworaczyk, a former Playboy model he married in 2015. The son of two high school principals with doctorate degrees, Smith grew up in a mostly Black middle-class neighborhood. In a Washington Post interview, he recalled that his father made sure music filled the house and that as they went to bed, the recordings of African-American opera

star Leontyne Price played on the stereo.

STEM, then business According to Black Enterprise, “Smith started his early life out as a computer geek and even interned at Bell Labs. Although he worked in the STEM (science, technology, engineering and math) field for some time after earning a degree in chemical engineering from Cornell, the financial world beckoned.” Smith earned a bachelor’s degree in chemical engineering from Cornell, followed by an MBA from Columbia Business School and a stint at Kraft General Foods. He switched to tech investment banking in 1994 when he joined Goldman Sachs, where he worked on mergers and acquisitions in Silicon Valley and elsewhere, then stepped out on his own and started Vista Equity.

‘I can do that’ As his success and wealth grew, Smith maintained a low profile and shied away from being photographed. But now he’s more comfortable with his public profile in part because he wants young African-Americans to see what he’s accomplishing, Smith told the Post. “Now I want people to say, ‘If Robert Smith can do it, I can do that and more,’” he said. “I could just live off my money. It might be a good life, though it wouldn’t be a fulfilled life.”

‘Love your community’ According to Black Enterprise, at an event last year at the Oak-

land, Calif., home of business strategist Carl Hackney, Smith spoke with a gathering of mostly Black politicians, venture capitalists, tech entrepreneurs, and philanthropists. He weighed in on the importance of investing in communities and his advice for future generations. “Love your community by voting,” he said. “Love your community by taking care of your community. Love your community by actually doing something wherever you can. “Think about what is it that you uniquely bring to a community that changes that community. Sometimes, it is words of inspiration. Most of the time it’s acts of inspiration. It is doing something, it is leading, it is taking advantage of what it is you have to provide. “Sometimes what you have to provide is walking a child home every night so they feel safe. Sometimes it’s making sure a child is read to at night because their parent is at work. Sometimes it’s a scholarship. Sometimes it’s the encouragement to go dream big, go take the test, go try something different, go get an internship. “Or it’s creating an internship, like the internship I got at Bell Labs when I was 17 years old, that allows them to stretch their imaginations,” he said.

Information from James F. Peltz and Laurence Darmiento of the Los Angeles Times/TNS and Samara Lynn, Caroline Clarke and Selena Hill of Black Enterprise was used to prepare this report.

PRISON toms I was experiencing, I knew this protocol and treatment quite well. Because I wasn’t receiving the proper medication or medical care, my body began to ache. I would become stiff with chronic chest pain and breathing difficulty. When coupled with the intense cold weather storms we experienced in Atlanta at the time and with no warm blankets or clothing, my illness got worse. Right now, my joints are inflamed and it’s hard for me to sign my name and type on the computer.

Two weeks went by and my

Information from the News Service of Florida was used in this report.

No ‘country club’

Help from within

Deteriorating slowly

“FAMU Athletics has enhanced its compliance staff to include an associate athletics director for compliance, assistant athletics director for compliance and a compliance coordinator,” the website said. “They have been provided with the resources necessary to effectively educate and monitor for NCAA compliance.” The NCAA acknowledged in its announcement that the university has made improvements. “Those improvements, however, have only recently brought the university in line with what the NCAA membership has identified as a fundamental obligation of all Division I members –properly certifying student-athletes as eligible,” the NCAA said. “While we cannot change the circumstances of the past, we have accepted full responsibility for the infractions and are committed to running an athletic program that is in full compliance with NCAA rules and regulation,” said FAMU President Larry Robinson, Ph.D. He added, “Rest assured, we have taken significant steps to address these issues and reduce the likelihood of recurrence. We will meet and exceed the NCAA’s expectations to ensure that FAMU Athletics remains in compliance with its standards.” The NCAA sanctions will not prevent FAMU from participating in the annual football Florida Classic against archrival Bethune-Cookman University, both institutions’ biggest athletic event.

or communicate with my family and friends. The medical staff told me I had to get my medicine from the commissary. I told them I don’t have access to the commissary. They said, “Not my problem.” The games prisons play. Occasionally they would allow us to have access to write emails, to make telephone calls, or both. I contacted my family and friends about my condition and asked them to contact an attorney in Atlanta who could help. The attorney repeatedly was denied access to contact me.

from A1

Other inmates noticed how much pain I was in and tried to help me. They would say, “OG, we got you when you need help.” “OG” is prison talk and means “Original Gangster” (or in my case, “Old Geezer”). It shows respect for the person doing the time. I really didn’t know them, but they were helpful to me and appreciated their acts of kindness. Folks, please don’t think that everyone in prison is a threat to our community. Many of them came from all different backgrounds such as CEOs of companies, doctors and lawyers. This agony went on for weeks before I was finally taken on an emergency basis to a prison doctor who couldn’t relieve my pain, so I was transported by ambulance to Atlanta General Hospital. While there, they did a few tests and sent me back to prison. They treated inmates like dirt because they feel inmates are lying about their conditions, so they perform the bare minimum and they discharge you. Inmates are not lying about Atlanta General Hospital. They are still a terrible hospital. Patients beware. Remember, I warned you.

Making changes

COURTESY OF DWAYNE TAYLOR

In March 2012, then-State Rep. Dwayne Taylor, center, appeared on a panel discussion in Sanford about the killing of Trayvon Martin with Attorney Ben Crump, left, as Rev. Jesse Jackson, Martin’s parents, and other political officials look on from the rear. condition got even worse. I could barely move, and it was noticeable around the inmates. I was losing weight and my skin was changing. The last thing you want to show in prison is being weak. However, more inmates were protecting me and made sure I could get some of the things I needed. Despite my constant complaints, very little was done by the prison medical staff. I was still not receiving the injections and I continue to have the chest pains and the difficulty breathing and it really became unbearable. When I had enough and was unable to move, the prison medical staff would again try and treat my pain and then sent me back to Atlanta General Hospital. This time when I was seen by the ER staff, they didn’t even bother taking off my clothes. They just ran some bloodwork and discharged me even though I was still complaining of chest

pain. They said there was nothing they could do for me and were extremely rude. They also said, “And by the way, you have pneumonia and anemia. Here is a prescription. Goodbye and good night.” I was never treated by the prison for either of those new conditions, and I know had to suffer in a cold jail cell with all these new medical issues.

Is it too late? Almost two months would pass before I would finally receive my first important injection. By this time, it may have been too late for me. I was still having major chest pains and complained every day to the medical staff. I was never taken to a cardiologist to follow up on my chest pains and cardiac-related complaints. The prison medical staff would say, “Your EKG (the test that measures heart activity) was fine, so you are okay. Go and take some

aspirin.” I would snipe back, “If I am okay, why am I still having this pain?” Most of the time I spent there at the camp was on official (or unofficial lockdown). They never really sent out a memo or anything explaining why lockdowns occurred or how long one would last. They just told us we were on lockdown.

I know the game I believe they did this so theycould deny a lockdown ever occurred. Having worked in government for more than 25 years, I know the tactic. If it is not on paper, it never happened. Inmates are just lying. I get it. “Lockdown” meant prisoners were not allowed visitation or to use the phone or computer. We were not allowed to purchase items from the commissary, including personal hygiene. So it was difficult for me to purchase any type of pain medicine

Please understand that I was not expecting a five-star quality lodging or full-course meals, or the best health care system. However I didn’t expect this deplorable, sickening, roach and rat-infested place feeding the inmates food that said on the boxes, “Not fit for human consumption,” in MINIMAL SECURITY. It was and still is amazing to me that a prison system exists like this here in the United States of America. Atlanta Federal Prison Camp is a foreign prison. The prisoners in the camp were not the hardcore criminals communities should be afraid of. After all, there were only two guards for more than 300 inmates. These were all nonviolent inmates, and some were serving only threemonth sentences. I understand I must pay for my ‘vicious’ crimes and that the people in my community are a lot safer with me locked up. I know that with my incarceration, crime will decline in the United States. Sure, I get it. But one of the most important things I learned in prison was that it makes prisoners bitter, not better. If you treat them like animals, when they are released back into the community, what do you have? America, you are better than this!

Next week in Part 3: From whence cometh my help?

MAY 24 – MAY 30, 2019

STOJ

FLORIDA

TOJ

Campus early voting battle continues BY JIM SAUNDERS NEWS SERVICE OF FLORIDA

TALLAHASSEE – Nearly a year after a federal judge’s ruling allowed early-voting sites on college and university campuses, state elections officials and plaintiffs in the case remain locked in a legal battle. Chief U.S. District Judge Mark Walker last week scheduled a June 19 hearing after the two sides have argued about whether the case is moot – or whether Walker should enter a permanent injunction to make sure the state doesn’t block campus early voting in the future. The case is rooted in a 2014 directive to county elections supervisors by former Gov. Rick Scott’s administration that prevented early-voting sites on campuses.

Another challenge After a challenge by the League of Women Voters of Florida and other plaintiffs, Walker in July 2018 ruled that the directive was unconstitutional and issued a preliminary injunction that allowed campus voting locations. In the November elections, that resulted in early voting on 11 campuses, with about 60,000 ballots cast, according to court records. But that didn’t end the fight. In February, attorneys for Secretary of State Laurel Lee, who had recently been appointed to the top elections position by new Gov. Ron DeSantis, filed a brief arguing that the case is moot and should be dismissed.

Directive cited Lee’s attorneys pointed to a directive that was issued to elections supervisors last year after Walker issued the preliminary injunction. They also cited a directive Lee issued this year after becoming secretary that, they wrote, “addresses the plaintiffs’ concerns head-on and provides a further safeguard.” “In it, the secretary specifi-

RICARDO RAMIREZ BUXEDO/ORLANDO SENTINEL/TNS

Voters are shown at Precinct 538 at the UCF Arena on Nov. 4, 2014, on the University of Central Florida campus in Orlando. cally states that supervisors may place early voting sites on college or university campuses under the plain text of … the state’s early voting statute,” Lee’s attorneys wrote. “Thus, with or without this court’s earlier published decision, the most recent directive makes clear that the secretary has no intention to revert to an improper position alleged to have placed an undue burden on the plaintiffs’ right to vote.”

Plaintiffs’ position The plaintiffs’ attorneys, however, fired back by saying the case is not moot and contending

Walker should issue a permanent injunction to make sure the state doesn’t reverse course on campus early voting. They argued, in part, that the directive issued by Lee had added further “ambiguity.” “In sum, instead of a clear change in legal position, the 2019 directive is just more of the same from the secretary,” the plaintiffs’ attorneys wrote in a Feb. 22 brief. “And its timing strongly indicates that its true purpose is to attempt to moot this case to avoid entry of a permanent injunction that would both unambiguously protect Florida’s young voters from the revival of this dis-

criminatory policy in the future, and give clear comfort to SOEs (supervisors of elections) who would offer on-campus early voting that they are legally permitted to do so and will not have to parry future similar attempts to ‘construct’ the early voting statute so as to undermine or chill those efforts.”

Hearing from parties Walker last month issued a ruling that rejected the state’s arguments the case is moot, saying the directive issued by Lee has made her position unclear. Also, he pointed to a “continued denial of any wrongdoing” that raised

er the unanimous requirements should be applied retroactively to older cases, so the state court stepped in. In a pair of critical death penalty decisions issued Dec. 22, 2016, the Florida Supreme Court decided the Hurst decision should apply retroactively to cases that were final after the 2002 Ring ruling. Re-sentencing should only be an option for cases in which jury recommendations for death were not unanimous, the court also decided. “In this instance … the interests of finality must yield to fundamental fairness,” the majority wrote in the case of John Mosley, convicted of murdering his girlfriend and their infant child in 2004. “Because Florida’s capital sentencing statute has essentially been unconstitutional since Ring in 2002, fairness strongly favors applying Hurst, retroactively to that time.”

Scolding by Canady The 2019 Florida Supreme Court

Conservative court eyes key death penalty issue BY DARA KAM NEWS SERVICE OF FLORIDA

TALLAHASSEE – More than 100 inmates condemned to death could face a major upheaval, as a revamped Florida Supreme Court ponders whether to undo a 2016 ruling that allowed nearly half of the state’s Death Row prisoners to have their death sentences revisited. With a conservative bloc of justices led by Chief Justice Charles Canady now in the majority, the court has begun the process of reconsidering whether changes to Florida’s death penalty-sentencing system should continue being applied retroactively to cases dating to 2002. The court’s reopening of the retroactivity issue, which came in an April 24 order, sent shockwaves through the state’s death-penalty legal community.

“This is judicial activism. The right has always complained about judicial activism and not wanting judicial activist judges. But when you don’t respect precedent, that really is the judicial activism,” Marty McClain, a lawyer who has represented hundreds of defendants in death-penalty cases, told The News Service of Florida in a telephone interview.

Hurst case cited The high court’s latest move is part of continuing fallout from a January 2016 U.S. Supreme Court decision, in a case known as Hurst v. Florida, which found the state’s method of sentencing prisoners to death was unconstitutional. McClain and other defense lawyers who specialize in the death penalty point to a legal principle, known as “stare decisis,” in which judicial decisions are based on precedent. Courts rarely depart

from the doctrine. “The reason for precedent is to bring stability and predictability to the law. And when you stop respecting precedent, it’s like, what? There’s no stability. You have no idea what you can and cannot do,” McClain said. But Brad King, the state attorney for the 5th Judicial Circuit, which is based in Ocala, told the News Service that reversing the current process “will no more destabilize the law than the current, crazy, retroactivity rule has destabilized the law.”

Case brings change The U.S. Supreme Court ruling found the state’s process of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury. The decision in the Hurst case, premised on a 2002 case known as Ring v. Arizona, led to a change in Florida law requiring unanimous jury findings of fact and unanimous jury recommendations for death sentences to be imposed. The revised law, however, did not address the issue of wheth-

But in a sharply worded dissent joined by Justice Ricky Polston, Canady scolded the majority for departing from precedent in the 5-2 decision that applied Hurst retroactively. As it did in previous cases, the court should have viewed Hurst as “an evolutionary refinement,” and thus “a new rule that should not be given retroactive application,” Canady argued. “A decision that simply ignored existing precedent will rarely be entitled to any more weight as a precedent than the weight it afforded to the authority it ignored,” he wrote. Canady, a former Republican state representative and congressman from Lakeland, at the time was one of two justices who frequently parted ways with the court’s more-liberal majority.

Three new justices But three members of the longstanding court majority, Barbara Pariente, R. Fred Lewis and Peggy Quince, were required to step down early this year because of a mandatory retirement age. New Republican Gov. Ron DeSantis quickly replaced them with justices Robert Luck, Barbara Lagoa and Carlos Muniz. As a result, Canady now presides over a conservative bloc of six jurists, with Justice Jorge La-

the possibility that “challenged conduct will recur.” But Walker found that the plaintiffs also had not proven their arguments, spurring the need for a hearing next month. “It appears that plaintiffs have failed to factually support their assertion that (the directive issued by Lee) acts to prohibit or discourage supervisors of elections from designating college or university facilities as earlyvoting sites pursuant to the early voting statute,” Walker wrote. “Before deciding how to proceed, this court wants to hear from the parties.”

barga the lone holdover from the old majority. Late last month, the court ordered lawyers in the case of Death Row inmate Duane Eugene Owen to file briefs addressing the retroactivity issue.

Owen argument In a brief filed last week, lawyers for Owen argued that retroactivity should apply to all death penalty cases, not only to those that were final after Ring was decided. That would mean also applying the new sentencing requirements to cases that became final before 2002. But they also stressed that the court, at a minimum, should keep in place the current process of reconsidering cases after 2002. They said the analyses involved in whether to overturn precedent “bolster the strong presumption in favor” of maintaining the process. Declaring Hurst “entirely nonretroactive would do serious injustice to the scores of capital defendants who have spent countless time and energy challenging their unconstitutional death sentences,” they added.

29 overturned According to the Death Penalty Information Center, 154 of the state’s Death Row prisoners were eligible for resentencing following the 2016 rulings. Since then, 29 inmates have had death sentences overturned and received sentences of life in prison without parole, and four have been resentenced to death. Many prosecutors may not have sought the death penalty a second time, because the cases were too old or because juries were narrowly split on whether to recommend death the first time. “I think the issue comes down, in my view, to justice versus procedural finality. And this court seems to be more concerned about procedural finality,” said Florida International University law professor Stephen Harper, executive director of the school’s Florida Center for Capital Representation. But prosecutor King, who was instrumental in crafting the state’s response to Hurst, said the Florida majority’s 2016 decisions ignored long-standing precedent on when retroactivity should be applied.

EDITORIAL

TOJ

MAY 24 – MAY 30, 2019

STOJ

Open letter to B-CU stakeholders Looking forward to the start of my presidency at BethuneCookman University, I have thoughts to share on three fronts: our immediate challenge, what defines us, and where we go next as a University (what I call our “North Star”). The immediate challenge is our financial governance – and active management of this issue will primarily drive our reaccreditation process. Though my term officially starts in July, I am already at work with our new chief financial officer, trustees and other stakeholders to develop recovery plans. The path forward will not be an easy one. Our institution’s situation requires fierce urgency and clear-eyed action by trustees, leadership, faculty, and staff. Successfully navigating our reaccreditation will require a well-coordinated, disciplined and sustained effort. At the same time, let us not lose sight of what defines us. We continue to be a great university, guided by faith and rooted in a history that teaches us that even the most daunting challenges can be overcome. We continue to rack up admirable accomplishments. We continue to offer a uniquely powerful education. We continue to have the privilege of serving extraordinary students. So, let’s not just fix our problems; let’s create our future. Our “North Star” will be our students and the kind of experience we can provide them that will elevate both our university and their success. We will be a global model of student development for the 21st Century by putting our financial house in order and focusing on the student experience. These challenges and opportunities demand high-integrity, ethical, forward-thinking and disciplined leadership, and service. That is what you will receive from me. And that is what I will expect at all levels. It is time to move forward.

Financial recovery and stewardship With our new CFO now in place, we have begun the necessary work of reviewing, revising, and creating, where necessary, internal controls. This is especially critical in the areas that enabled the current financial crisis to occur.

DR. E. LABRENT CHRITE GUEST COMMENTARY

In addition, we are restoring accountability across the board. Negative trends in student receivables, for example, are being addressed by the implementation of protocols to manage student debt. The University has also taken steps to reduce recurring expenditures. This will be an ongoing effort. We are also building reserves into each budget. These reserves will be set aside in fall and spring semesters to cover anticipated revenue shortfalls each summer and allow for unforeseen circumstances throughout the year. Finally, we are working with our bond-holders in an attempt to restructure the University’s debt obligations. Moving forward, we are committed to increasing enrollment by strengthening the academic enterprise, raising top-line resources through advancement efforts, and leveraging our enterprise assets such as athletics and the Mary McLeod Bethune Performing Arts Center.

What defines Us As we continue our recovery and head to the future, it is valuable to look around and see what truly defines us right now. What defines Bethune-Cookman is the commitment of our faculty and the drive of our students. For example, think of the twelve students from the B-CU Robotics Club in the College of Science, Engineering and Mathematics who recently traveled to Huntsville, Alabama, to compete in the Institute of Electronics and Electrical Engineers SoutheastCon Robotics Competition. Our students placed 10th out of 44 participating schools. What defines us is that the National Science Foundation awarded B-CU with a $939,000 grant for developing effective mathematical science teachers for high-need schools, under the direction of Drs. Masood Poorandi, Allen Pelley, Hector Tores and Mrs. Lawana Walden. Similarly, under the leadership of Dr. Danyell Wilson-Howard,

Democrats are a ‘ball of confusion’ The Democratic Party went into a meltdown upon the results of the 2016 national election. It was so confident that Hillary Clinton was going to pick up where Barack Obama left off after eight years of questionable results. The recovery from the 2008 recession was weak and slow. For that, they lost the White House. Donald Trump started handling our economic affairs like a major corporation. It worked! The recovery is well-defined and our employment, stock market, trade balances, etc., have never been better. To Democratic Party leadership, this is shocking. They assumed Trump would fall flat in his efforts to change things for the better. He has so far been successful, especially in the employment and trade areas. Our enemies are no longer

HARRY & KAY ALFORD GUEST COLUMNISTS

holding us in vile contempt and disrespect. They are careful not to cross Trump on any major issue. ISIS is finally fading away. Iran is still a little cocky, but is careful not to step too far over the line. Hillary appears to be out of the picture at last! Who is in contention for the presidential nomination in 2020? Who is going to stand up to President Donald Trump?

Seniors first Right now, we have over two dozen contestants to consider. Let’s look at the two senior citi-

VISUAL VIEWPOINT: COLLEGE DEBT

the National Institutes of Health awarded $200,000 for a patient-centered intervention using virtual technology to reduce colorectal cancer disparities in primary care. We’re also defined by B-CU students who won the 2019 HBCU National Speech and Debate Tournament held at Tennessee State University. The winning students, Ashlyn Denson, Melnetra Williams, LaVencia Walker and Terreka Streeter, like our thousands of other students and faculty members, are what defines Bethune-Cookman University. Continuing with the theme of “winning,” I’m inspired by our student-athletes like Yudika Rodriguez, Dominic Harper and Carlin Berryhill (to name a few) who compete and win, despite profound resource constraints. There are other vital nuances to our competitive spirit that define us; chief among them is how we serve.

Our “North Star” “Five little girls and $1.50” is more than a slogan. This refrain reflects the grit, fearlessness and the fortitude that has been central to B-CU’s character for 114 years. It also serves as a reminder that while talent and potential are commonplace, access and opportunity are not. B-CU and institutions like ours provide the essential platform from which students can seize the mantle of success. B-CU’s history is inspiring. While I was initially attracted to this community as a result of its rich heritage, what ultimately brought me to B-CU were the students. Their strength, resilience, passion, creativity, and talent are extraordinary. I consider it a great privilege to serve them. I also appreciate both the potential and the needs that students bring to Bethune-Cookman. Their success, like my own, is often not defined by a linear and consistently upward-sloping developmental trajectory. Their stories are often involved.

We can do more As a result, B-CU’s institutional structure, in alignment with our academic and curricular portfolio, must be recalibrated. We can do more to ensure the exceptional long-term success of our graduates.

zens in the competition. Bernie Sanders and Joe Biden have been around for decades. Bernie’s background is more socialist. He was a conscientious objector during the Vietnam War. He admired the Soviet Union so much that he and his wife went there for their honeymoon. He actually worked for the Student Nonviolent Coordinating Committee (SNCC) during the civil rights struggle, but he doesn’t try to exploit those bona fides in appealing to the Black vote. We see nothing that would indicate Bernie being a wizard on economic issues. In fact, he wants to spend federal money like I-40 going west and doesn’t offer a clue to offset our deficit.

Career politician Joe Biden has been in national politics for over 50 years. He blew it in 2016 when he stepped aside for Hillary Clinton. After all, he was a sitting two-term vice president. In his early years, it is believed that he was a segregationist. He changed from that but still will

ADAM ZYGLIS, THE BUFFALO NEWS, NY

Toward this end, our priority will be to restructure and strengthen our academic enterprise. We will “up our game” in how we prepare students for lives of passion and purpose. Our “North Star” will be the creation of a student experience that delivers the vitality, dynamism and the entrepreneurial creativity inherent in the world in which our graduates will ultimately live and compete. We will display a visible and enduring commitment to creating an academic infrastructure that is externally focused. It will be student- and future-oriented. As a result, our enhanced academic enterprise will develop the competencies that will make our graduates exceptional valuecreators.

Meeting demands Our students need to be connected to the demands of the marketplace. There are a requisite of fluencies necessary for success. Some of these fluencies or skills are more intuitively developed in an academic environment: Critical thinking capabilities, technical competencies and the ability to discern come to mind. These are mostly ubiquitous among college graduates. The truly differentiating characteristics – what I refer to as “adaptive capacities” – reflect what have been traditionally called “soft skills.” There is nothing ‘soft’ about them. The abilities to self-narrate, self-reflect, solve problems and communicate are essential. These muscles are best developed and strengthened in experiential or action-based settings, in partnerships between the faculty and external partners such as businesses, government

have a racial gaff here and there. Joe has two big issues looming. It appears that he got into some financial monkey business while touring the Ukraine and China with his son Hunter. It appears that the Biden boys walked away with millions of dollars in dubious funding from the governments of these two nations. He is going to have to explain that if he will continue his race.

City leaders There are three mayors in the Democratic race. Wayne Messam is a rookie mayor in Miramar, Fla., (population 122,000) and the city’s first Black mayor, “the owner of a construction company, Asset Builders, focused on environmentally friendly projects and the son of a Jamaican sugar cane worker” according to Axios. He’s trying to improve his name recognition for future races. Then we have Pete Buttigieg, mayor of South Bend, Ind. He is an Afghanistan veteran, gay and a Rhodes Scholar. His experience is mostly that of a small

Charles W. Cherry II, Esq., Publisher

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agencies and nonprofits. Our academic structure and portfolio must be recalibrated accordingly.

Final thoughts There are no easy answers to our financial challenges and no simple path to innovating our academic enterprise. I know of no magic bullets or convenient shortcuts. What I do know is that B-CU is the keeper of the hopes and aspirations of our students and they deserve the very best we have to offer. I also know that the work will be as rewarding as it is challenging. The change our situation demands is highly consequential. I appreciate that we operate within a long, rich and storied history. I honor that history and take my stewardship of it as a solemn duty and honor. I also understand that some of us – with the very best of intentions – may be wedded to elements of that history that could hold us back. However, we can maintain fidelity to our past while simultaneously positioning the institution for a future that demands a novel approach. That is what we must do. We owe this to our students and faculty as well as to our alumni and external communities. B-CU’s story is a continuing one; it is not exclusively something that happened in the past. Our present and our future build on that bold past. The legacy of B-CU is still being written and we must adapt to succeed. I look forward to working with each of you in this most important, and fulfilling, of endeavors.

E. LaBrent Chrite, Ph.D., is the incoming president of Bethune-Cookman University.

midwestern town mayor. He believes in Medicare for all who want it. He wants to create a commission to propose reparations policies for Black Americans and close the racial wealth gap.

‘Filth and chaos’ In contrast, we have Bill de Blasio, the mayor of New York, America’s the largest city. His track record is deplorable! “Despite bloated budgets and growing government payrolls, there is an obvious decline in the quality of life. Filth and chaos are everywhere,” according to the NY Post. Many feel his ambition is quite comical. Even he claimed that it seems unlikely he will qualify for the first Democratic primary presidential debate. The rest of the pack is certainly no better or promising. Democrats are quality-challenged.

Harry C. Alford is the cofounder and president/CEO of the National Black Chamber of Commerce (NBCC). Kay DeBow is the NBCC co-founder. Contact them via www.nationalbcc.org.

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MAY 24 – MAY 30, 2019

STOJ

America eclipsed in every sphere but war US rulers promised that technology would bring the return of the millions of jobs that were outsourced to low-wage countries, but America has lost the hi-tech race and excels only in weapons of war. If you can’t pronounce Huawei (Wah-Way), then you won’t be able to explain to your grandchildren how the United States definitively lost the race for planetary technological supremacy, the last non-military contest with China that American capitalism had any chance of winning.

America a loser The inherent inferiority of the chaotic U.S.-led system is now manifest – even to the thickskulled Donald Trump, who only three months ago held off on banning U.S. companies from doing business with Huawei, the Chinabased world leader in 5G technology. Back in February Trump tweeted that he wanted American companies to win the ultra-high speed mobile telecommunications race by competition and “not by blocking out currently more advanced technologies,” meaning Huawei. “American companies must step up their efforts, or get left behind. There is no reason that we should be lagging behind.” But Trump is expected to sign the Huawei banning order this week, having finally despaired of making U.S. hi-tech “great again” by peaceful means. The only card the U.S has left to play, is war.

Squandered U.S. lead The U.S. 5G eclipse by China is permanent, rooted in the systemic mayhem of the imperial economic (dis)order. Although the U.S. virtually invented the Internet as a byproduct of military technology, the early U.S. global hi-tech lead

GLEN FORD BLACK AGENDA REPORT

was squandered in the chaotic and criminally wasteful corporate capitalist game of all-or-nothing. As recounted by the South China Morning Post (“How US went from telecoms leader to 5G alsoran without challenger to China’s Huawei”) the U.S. refused to set national standards for mobile carriers, allowing tech companies to choose between wireless networks like TDMA, CDMA and GSM. Since 1987 – the year Huawei was founded – Europe has mandated that all its wireless systems use the GSM standard. But the Americans allowed U.S. corporations to wager billions of dollars and hundreds of thousands of competing jobs on rival mobile systems.

‘Wild West’ deregulation

This columnist has spent many years predicting a United States war on Iran. There is now a president who may finally make good on that long-expressed threat. Donald Trump is deep in the thrall of Saudi Arabia and Israel, the two nations that pose the greatest risk to Iran. He happily does their bidding and is in a position to bring the sick neocon fantasy to reality. But the U.S. excels at nothing except creating misery for millions of people and raising the risk of an all-out hot war.

Sanctions killing thousands Cuba recently instituted rationing after Trump returned to the bad old days of strict sanctions enacted against that nation. More than 40,000 Venezuelans have lost their lives as a result of the crushing sanctions imposed on that country. Iran suffered catastrophic flooding but not one country would provide them with needed aid because U.S. sanctions prevented them from doing so. Aside from starving civilians and depriving them of medi-

BLACK AGENDA REPORT

cal care, the U.S. can’t do much else that doesn’t create dangerous consequences. The latest regime change attempt failed miserably and exposed the limits of U.S. power. The Venezuelan coup attempt was a complete farce. Handpicked puppet Juan Guaido never had more than 25 soldiers on his side, and those few were tricked into showing up for what amounted to a photo-op. In the interim, National Security Adviser John Bolton and Secretary of State Pompeo have proven themselves to be the worst in a long line of bad foreign policy decision making. First they accused Iran of some unspecified aggressive act and sent a fleet of ships to make their case for a war of aggression. Then Pompeo scheduled meetings with Russian foreign

Barr, Holder and Democrats’ hypocrisy Unlike many of his fried chicken Democrat detractors and their media cohorts, Attorney General William Barr is a class act showing that he is the respected man of honor, integrity, and action that his supporters have long claimed. He speaks quietly but carries a big stick! A good example is his appointment of John Durham, the highly respected U.S. attorney for Connecticut, to investigate the Obama administration’s counterintelligence investigation into the Trump campaign. In their hysteria to have a doover of the Mueller Special Counsel investigation because they didn’t like the outcome, Democrats continue to make every effort try to smear and destroy anyone who gets in their way – including Barr.

CLARENCE V. MCKEE, ESQ. GUEST COMMENTARY

cord. He has undertaken assignments for Democrat Attorneys General Janet Reno and Eric Holder and Republican Attorney General Michael Mukasey to investigate government corruption, the FBI, and the CIA. Democrats, particularly Judiciary Chairman Jerry Nadler, DN.Y., and House Speaker Nancy Pelosi, D-Ca., feign indignation and outrage because Barr will not turn over a totally unredacted version of the Mueller report which both of them know would The tide has changed be illegal, because it contains seWith Durham, they have met cret grand-jury information. Barr has been transparent and their match. They will be hard pressed to attack him and his re- made available to senior mem-

VISUAL VIEWPOINT: AMERICAN WOMEN AND BIRTH CONTROL

More to this story Let’s stop right here before some of our readers start mourning the loss of jobs and capital that will result from America’s fall from preeminence in technology – the competitive edge that was supposed to compensate for the systemic outsourcing of the nation’s manufacturing jobs to the low wage South and East of the planet, including China. Throughout the ‘90s, Americans were told not to worry, because those gritty industrial jobs would be replaced by clean, wellpaid hi-tech employment for everyone willing to learn new skills like computer programming and code-writing. But we soon discovered that most of those jobs would be outsourced, too, or performed by low-paid, hi-tech imported workers from the global South and East. Technology is not the cure for U.S. capitalism’s ills. To paraphrase a clichéd term, “It’s the system, stupid.”

minister Sergei Lavrov to be followed by talks with Vladimir Putin himself. But he chose to cut short his time in Russia in order to meet with Europeans and enlist their support for action against Iran.

NATE BEELER, THE COLUMBUS DISPATCH, OH

alization of workers. Armed with hi-tech tools, Jeff Bezos now wages a war of annihilation against retail commerce, one of the last remaining mass employment sectors in the U.S., while other digital oligarchs publicly proclaim their intention to deploy “the internet of things” – based on 5G technology – to wipe out much of the rest of existing employment. Silicon Valley plutocrats scheme to create a world with few workers, where trillionaire owners of technology rule. A subsistence wage would be doled out to the masses, so they can pay for hi-tech connectivity to the networks that surveil and disinform them. And that’s the least dystopian of our prospects under latestage capitalism. In a racist United States, the worst scenario is always the most likely for the descendants of Africa.

War is last card

al deck: military coercion and the weaponized dollar. The corporate Democrats that hope to succeed Trump will rattle the same missiles and sanctions, blaming China’s command economy for the contradictions of U.S. capitalism in decline. Both corporate parties are singing the same death dirge for the nation and the world. There is only one escape: overthrow the rule of the rich. Under their reign, the U.S. is no longer the “greatest” at anything but mass incarceration, the amassing of weapons of destruction, and the maintenance of a worldwide system of surveillance that hears and watches everyone with a telephone or computer. A Russian news analyst had an interesting take on America’s eclipse in the race for 5G: “US universal surveillance of everyone outside of America is in serious trouble.”

As chief executive of the U.S. Glen Ford is executive editor capitalist (dis)order, Donald Trump will try to “make Ameri- of BlackAgendaReport.com. Eca great again” by playing the on- mail him at Glen.Ford@BlackAly cards remaining in the imperi- gendaReport.com. namely Russia and China. Those two countries have developed a strong alliance in order to protect themselves from the crazed and unpredictable Americans. The U.S. continues to up the ante with phony requests to attack Venezuela, allegedly coming from the dupes who thought the United States would put them in power. It isn’t coincidental that the activists protecting the Venezuelan Embassy were expelled at the same time. The evil war mongers are very stupid, but that it isn’t a cause for celebration. Unintended consequences have already led to two world wars and millions of dead. Unfortunately no one who ought to educate the public on this subject are doing what they should. The corporate media always support presidents at war. Even supposedly liberal outlets have spent years demonizing Russia, Venezuela and Iran. In so doing, they have made the population ignorant and or bloodthirsty.

The United States has willing vassals such as the NATO member-states. It has the biggest military in the world. It can attack Venezuela or Iran, but faces serious consequences should it do so. Iran and Venezuela have friends,

ited Russiagate story but oppose none of the things that actually make the Trump administration so dangerous. But Russiagate and phony claims of a constitutional crisis were intentionally created for this moment. When the United States most needs détente and a lessening of tensions, the lies meant to make Russia look like an aggressor are repeated and make war more likely. Only the people can lead the United States away from disaster. The activists who chose to protect the Venezuelan Embassy from Guaido and the other Venezuelan traitors are showing us the way to move forward. Leftish Democrats won’t help us. The media will continue to lie in service to the state. The “resistance” aren’t angry about anything except a faux scandal. Those of us who want peace will have to say so and demand that our representatives work for the people, and not for the cause of war and suffering. There will be no saviors for this country or for the Dems no different rest of the world. We can only rely Democrats in Congress are on ourselves. equally imperialist and will say nothing as the government plans Margaret Kimberley is a coa humanitarian catastrophe. At founder of BlackAgendaRemost, they will mutter that Trump port.com, and writes a weekmust ask for their approval before ly column there. Contact her at killing thousands of people. In- Margaret.Kimberley@BlackAgstead, they carry on the discred- endaReport.com.

bers of Congress a much less redacted version than that made available to the public, which neither Nadler nor any senior Democrat bothered to review. Instead, Nadler’s Judiciary Committee voted to hold Barr in contempt. Now, in a classic show-boating move, Democrats performed a 12-14 hour marathon reading of the entire redacted report in the House Rules Committee room.

lationship and, you know, the fact that we are both African-American.” Holder’s accusation was echoed by Rep Barney Frank, D-Mass., who said: “There’s no question. It’s not an accident he’s the only guy they go after… I think the fact that Eric is the leading Black official outside the president makes him kind of a surrogate for the president.”

What hypocrites!

Republican ‘shame’

Remember seven years ago when former Attorney General Eric Holder, a Black Democrat, was cited for contempt of Congress for stonewalling and refusing to turn over documents to Congress in the “Fast and Furious” gun smuggling scandal that led to the deaths of at least 300 Mexican citizens and Border Patrol Agent Brian Terry? While Barr proceeds to do his job and is deaf to the partisan attacks, Holder and his Democrat allies, as usual, rolled out their old standby – the race card. In December 2011, Holder told the New York Times: “This is a way to get at the president because of the way I can be identified with him… Both due to the nature of our re-

Then Minority Leader Nancy Pelosi, D-Ca., the Congressional Black Caucus, and several Democrats stormed off the floor of the House of Representatives during the contempt vote, many yelling “shame.” Pelosi had earlier said that holding Holder in contempt was part of a “nationwide scheme to suppress the vote.” As to Nadler, he too was a passenger on the hypocrisy train proudly tweeting that he had just “joined the #walkout of the House chamber to protest the shameful, politically motivated GOP vote holding AG [Eric] Holder in contempt.” If you believed Holder and his allies, the only reason Republicans – and a few Democrats –

No coherent strategy MARGARET KIMBERLEY

TOJ

king of the monopoly capitalist hill, and that U.S. global clout would then propel them to the top of the world. “In many aspects, the era from the early 1990s to mid 2000s was lost time for the US mobile industry,” said Bengt Nordstrom, chief executive of Northstream, a Stockholm-based consultancy. But in the hi-tech arena, a decade is a lifetime. The rise of China would not allow the U.S. the privilege of imperial technological resurrection.

The deregulation of U.S. telecommunications in 1996 further fueled the high-tech capitalist pandemonium. “The US was like the Wild West,” said Thomas J. Lauria, a former AT&T employee, telecoms analyst and author of the book The Fall of Telecom. “Europe managed itself more contiguously than the US, they did not have a lot of disparate networks and picked the [GSM] standard that everyone had to agree to.” U.S. high-tech firms fought it Wiping out retail out among themselves tooth and nail, ignoring the GSM standard businesses Under late-stage capitalism, and betting that, once one of them won dominant market share and high technology is a tool of accelbankrupted or absorbed the oth- erated economic consolidation ers, their corporation would be – monopolization– and margin-

America wages war against the world

EDITORIAL

All of the bluster, meeting changes and dispatching navy vessels to the Persian gulf prove one important point. The U.S. “troika of tyranny” – Trump, Bolton and Pompeo – are making things up as they go along. They picked a trade fight with China that they could not win. They want regime change in Iran and Venezuela, but they won’t get the results they want even if they carry out military attacks. In the meantime, they fall back on the old tricks of false flags, in this case blaming Iran for a mysterious and conveniently-timed oil tanker explosion in the United Arab Emirates. The Saudi puppets are obviously part of the plan and right on cue, claim to have been sabotaged.

No unilateral war

were citing him for contempt was because he was Black – not because he withheld documents from Congress which, unlike Barr and an unredacted version of the Muller report, he had a legal duty to turn over.

No respect Americans have little respect for politicians who abandon principle for political expediency. Pelosi, Nadler, and other Democrats who defended Holder but now attack Barr are good examples of why Congress’ approval rating in April stood at a meager 20 percent. When U.S Attorney Durham gets through, Barr’s critics will either be singing a different tune or not talking at all. As former U.S. Attorney for the District of Columbia Joe diGenova recently told FOX News’ Laura Ingraham: “I now believe that some of these guys are going to prison.”

Clarence V. McKee is a government, political and media relations consultant and president of McKee Communications, Inc., as well as a Newsmax.com contributor. This article originally appeared on Newsmax.com.

TOJ

NATION

MAY 24 – MAY 30, 2019

STOJ

PHOTOS BY ROB ANDRES/ATLANTA JOURNAL-CONSTITUTION/TNS

Women of the Georgia House Democratic Caucus held a press conference in opposition to the bill signing on May 7 in Atlanta. They include Rep. Renitta Shannon, from left, D-Decatur, Rep. Erica Thomas, D-Austell, Rep. Park Cannon, D-Atlanta, and Rep. Sandra Scott, D-Rex.

Who can face prosecution under ‘heartbeat’ law Georgia’s new law recognizes an embryo or fetus with a detectable heartbeat as a “natural person.’’

man being, in this case a child, the child has to be outside the mother and living on its own. Does that change with the new law? We’ll have to wait and see.”

Prosecutorial discretion

BY BILL RANKIN ATLANTA JOURNAL-CONSTITUTION/ TNS

ATLANTA – There has been widespread speculation and confusion as to what punishment awaits someone who violates the strict six-week abortion ban recently signed by Georgia Gov. Brian Kemp. Could a woman who aborts an embryo with a detectable heartbeat be charged with murder? Could murder charges be filed against the doctor who performed the abortion, the nurse who assisted or a pharmacist who prescribed the drugs? Could the law trigger a death penalty prosecution? What if someone drives a pregnant woman across state lines to get an abortion elsewhere? Is that conspiracy to commit murder?

Jan. 1 effect The so-called heartbeat law, which is to take effect Jan. 1, is certain to face legal challenges. It could also provoke a dizzying array of possible outcomes and, perhaps, unintended consequences. That’s because House Bill 481 recognizes an embryo or fetus with a detectable heartbeat as a “natural person” who must be included in the state’s population figures, who can trigger child support obligations and who can be named as a dependent in tax filings. The new law also says a natural person “means any human being.”

Murder charges? The addition of those two words — human being — has sent legal scholars into a frenzy, poring over court precedents and re-reading Georgia’s criminal code. One code section sticks out like a sore thumb: A person commits the offense of murder when he or she “with malice aforethought … causes the death of another human being.” For this reason, it appears that district attorneys could seek murder charges against those who can be found criminally liable under the heartbeat law — a mother as well as the doctor, nurse or pharmacist who assist in an illegal abortion. But whether a DA would actually choose to seek a murder charge and whether that charge would stick are entirely different questions. “It’s not a black-and-white issue to me, but what complicates matters is that declaration of personhood,” said Ron Carlson, a University of Georgia law professor. “If this bill is upheld, there could conceivably be a test case that will have to be decided by the Georgia Supreme Court.”

Rep. Ed Setlzer, R- Acworth, answers questions from the media after the signing on May 7 in Atlanta.

Roe v. Wade concern The Georgia law is one of a number of restrictive abortion measures adopted recently by legislators in conservative states. On May 16, Alabama Gov. Kay Ivey signed a bill that went even farther than Georgia’s, outlawing nearly all abortions at any stage of pregnancy. One of the laws will almost certainly rise to the U.S. Supreme Court which could reconsider its historic 1973 decision in Roe v. Wade allowing access to abortion.

New legal landscape The new laws are running headlong into uncharted legal territory. Gwinnett County District Attorney Danny Porter said the Georgia measure could lead to all sorts of criminal charges that could not have been brought before. For example, a person who attacks a pregnant woman could be subject to assault charges against the embryo. What if a man left his unborn grandson a trust fund? A person who stole money from the fund could now be charged with defrauding the unborn child, because the fetus would have a property interest under the new law, Porter said.

On the fence If murder charges can indeed be brought, what about someone who knowingly kills a pregnant woman with a fetus with a detectable heartbeat? the DA asked. Conceivably, that person could be eligible for a death-penalty prosecution because he met one of the 10 criteria that allow prosecutors to seek it: committing a double murder. Porter said he is still on the fence as to whether a woman who has an abortion or self-in-

duces a miscarriage could be actually charged with murder under the new law. “I think the law raises legal issues beyond whether or not it is constitutional,” Porter said. “There will be a significant amount of litigation before this is all ironed out.”

Rule of lenity The bill’s chief sponsor, Rep. Ed Setzler, R-Acworth, said he doesn’t support charging a woman who has an abortion with murder and insists the law doesn’t allow that. He cites the legal doctrine known as the rule of lenity. That is, when two statutes can be used for the same criminal conduct, any ambiguity is resolved in the defendant’s favor. In other words, the provision with the lesser punishment applies. For this reason, women can be prosecuted under Georgia’s criminal abortion statute, which carries a maximum sentence of 10 years in prison, as opposed to murder, which carries a mandatory life sentence, Setzler said. “This was all part of the debate on the bill,” the lawmaker said. “It was settled then and it’s settled now. All of this is a political distraction.” But both prosecutors and defense lawyers say Setzler’s reliance on the rule of lenity is misguided. That’s because defendants can invoke it only at the time of sentencing, after a conviction has been obtained. In other words, it doesn’t necessarily bar a district attorney from seeking a murder charge.

‘A Frankenstein law’ The ACLU of Georgia has vowed to file a challenge to the law before it takes effect in January. Sean Young, its legal director, said the Legislature “creat-

ed a Frankenstein law with farreaching consequences that its creators can no longer control.” If Setzler is serious about protecting women from murder prosecutions, “he should obtain a written commitment from the district attorneys of all 159 counties not to bring murder charges against women, doctors, nurses and pharmacists,” Young said. “If he can’t, then he shouldn’t have passed this law in the first place.” With some exceptions, HB 481 expressly makes it a crime for a woman to have an abortion after a fetus’s heartbeat is detected — usually at about six weeks into a pregnancy and before most women know they are pregnant. Charges cannot be brought if was a medical emergency, if the woman’s life was threatened or if she was the victim of rape or incest — and had reported it to the police.

2011 opinion cited Atlanta criminal defense attorney Brian Steel, who has studied the law, believes there are a number of reasons prosecutors will not be able to obtain murder convictions against those who violate HB 481. One factor is a 2011 opinion by the Georgia Supreme Court involving a Columbia County man convicted of killing four people on Thanksgiving in 1998. His victims included a pregnant woman and her unborn child. In a unanimous opinion, the state high court threw out the murder conviction on grounds the unborn child “never had an independent circulation or … independent existence” wrote former Chief Justice Harris Hines, explaining why the murder conviction couldn’t stand. “Our case law tells us that you can’t have a murder of an unborn child,” Steel said. “In order to commit the murder of a hu-

There is also a 2016 ruling in which the state Supreme Court said it defers to specific statutes as opposed to more general ones. This would favor the criminal abortion statute being used to prosecute offenders of HB 481 as opposed to the murder statute, Steel said. Finally, Steel notes, someone can still be charged in Georgia with feticide, which carries a life sentence, by causing the death of an unborn child inside a mother’s womb. If so, then why did lawmakers leave that statute intact if they intended for prosecutors to pursue a murder charge for the abortion of a fetus with a detectable heartbeat? the attorney asked. Further complicating the issue is a 1998 Georgia Court of Appeals decision that found the criminal abortion statute “does not criminalize a pregnant woman’s actions in securing an abortion, regardless of the means utilized.”

Other possible charges While this appears to clear women from being prosecuted under that statute, HB 481 specifically amends the criminal abortion law. And because it says a woman cannot be prosecuted if she reasonably believed an abortion was the only way to prevent a medical emergency, it seems to suggest she could be prosecuted under other circumstances. Criminal defense attorney Andrew Fleischman, who’s also reviewed the law, said he believes it’s possible a DA could bring a murder charge under the new law and get it upheld on appeal. The same could be true for a conspiracy charge of someone taking a pregnant woman to another state to get an abortion, he said. Setzler said he believes a conspiracy charge could not be brought because the woman would presumably be having an abortion in a state where’s it’s legal. But Fleischman noted that someone who tries to send a kilogram of marijuana from Georgia to Colorado, where pot is legal, could still face criminal charges here.

No ‘angels’ Fleischman said he hopes prosecutors will use their discretion and not seek murder charges under the new law. “But they could, and they’re elected,” he said. “Still, we can’t allow an overly broad statute to stand simply because the state promises to use it responsibly,” he said, then drawing from a James Madison passage in the Federalist Papers. “If we were governed by angels, we wouldn’t need these safeguards. But we’re not governed by angels.”

IFE/FAITH ‘Spying on the South’ See page B2

SOUTH FLORIDA / TREASURE COAST AREA

MAY 24 – MAY 30, 2019

SHARING BLACK LIFE, STATEWIDE

How to make family meals healthier See page B4

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Left to right: Gabriel Robinson, (Aaron Robinson’s son), Pamela Robinson, Tony Gaskins Jr., Dr. Vashaun Williams and Donna Robinson, Pamela’s daughter. Below: Aaron Robinson, a father of two, died in 2014 at age 31. PHOTOS COURTESY OF AARON’S HOUSE

funds for families in need. Each year, the Robinsons bring in someone to share statistics on mental health as well as a motivational speaker.

TAKING THE STIGMA OUT OF

MENTAL ILLNESS

Encouraging caregivers

Family’s action has led to an organization and annual event that provides statistics, support and hope.

BY JENISE GRIFFIN FLORIDA COURIER

he facts are troubling. One in five adults are diagnosed with a mental health condition. That’s over 46 million people. Of the 46 million, more than half do not receive treatment. Depression is the leading cause of disability worldwide. Suicide is now the No. 10th leading cause of death in the United States. It’s also the third leading cause of death for youth between the ages of 10 and 24. “Mental health looks like me, mental health looks like you,’’ said Dr. Vashaun Wllliams, a Tampa Bay psychiatrist, who shared these statistics and how to identify mental illness at “A Dining Room of Hope’’ banquet presented by Aaron’s House. The organization is referred to as a safe haven for parents and caregivers of loved ones living with bipolar and depression. The May 5 event, held annually during Mental Health Awareness Month at the Rusty Pelican restaurant in Tampa, is a fundraiser for the non-profit Aaron’s House, which provides temporary housing for family members who have a loved one diagnosed with a mental illness.

Psychiatrist: Seek help Williams, one of the speakers at the fourth annual banquet, urged the nearly 200 attendees to be supportive of those dealing with a mental health condition, and to seek help immediately if a loved one is in a crisis situation. “You want to seek help promptly. Treatment is available,’’ said Williams, a health provider with Gracepoint Wellness Mental Health Center and in his private practice, Reaching Maximum Potential. That help is available for the patient as

This year’s keynote speaker, Tony Gaskins Jr., a national motivational speaker and author, shared his experience of working at a group home years ago for people dealing with mental health issues. Through his teary-eyed message, Gaskins shared words of encouragement to the banquet attendees. “If you find yourself caring for someone, whether it’s your child, your mother or father, any family member, any friend, you may be chosen against your will. … You were chosen because you could be trusted… When you can find it in your heart to support those who are affected by it directly, to pay it forward, not only do you change your life but you change theirs,’’ he said. Robinson said Gaskins reminded caregivers in the audience that their “jobs of caring for their loved ones is a sacred charge given to them by the Creator of the universe… Mr. Gaskins was able to use his background as an employee in a mental health facility to galvanize caregivers into action.’’

‘A hidden taboo’

Pamela Robinson presented the Aaron’s House Legend Award to Daryl and Tammy Johnson, owners and founders of N Touch News and Radio. They were chosen for “their untiring and unselfish service of giving and providing to the Tampa Bay community.’’ well as family members.

Helping hundreds It’s a message that Tampa Attorney Pamela Robinson, founder and executive director, stresses through her work at Aaron’s House. “We’re helping 12 to 15 families from funds raised during our events. This does not include the hundreds of people that call in throughout the year seeking advice and inquiring about various resources,” she told the Florida Courier.

Honoring son Education about mental illness is one of the key components to Aaron’s House, she noted. “We celebrate mental health aware-

ness one month out of the year. But caregivers deal with these conditions on a daily basis. It is essential that caregivers and others understand the signs of mental illness faster, and are on top of the different types of illnesses so that they can work toward more efficient treatment protocols and be on top of the newest treatment trends and medications,’’ Robinson said. Aaron’s House is named after Aaron Keith Robinson, who died on Aug. 4, 2014, from an accidental gunshot wound after what’s referred to as a psychotic episode. Thirteen years earlier, he had been diagnosed with bipolar disorder. “A Dining Room of Hope’’ is presented by Aaron’s parents – mom Pamela, and his dad, Donald, co-chair of the event. It is a way to honor their son and raise

She also mentioned how discussing mental health issues has been a taboo in the Black community and that must change. “Because the proliferation of mental illness is exploding minute by minute and mental health has been a hidden taboo, we are bringing those issues out of the closet. As they come out, new tools for combating, coping and dealing with mental health conditions are emerging,” Robinson related. “We are no longer in the closet. I’d like to see people with mental illness who cannot afford insurance in the African-American community get the same health care treatment as those who are more affluent. “I’d like to see this community rally around our fellow men and women who are struggling, and, of course, I’d want to see mental health getting as much attention as physical health.”

A daily struggle Although her son has been gone for five years, Robinson noted that she still struggles with his loss. “It is a daily struggle; the pain does not abate. I still have his cell phone in my contacts. I think of him during my entire waking hours. He is never far from my thoughts, but it is rewarding to assist caregivers and others as they embark upon providing lifetime service to their loved ones,” she added. For more information on Aaron’s House and its support group schedule, visit www.aaronshouse.org.

“I’d like to see this community rally around our fellow men and women who are struggling, and, of course, I’d want to see mental health getting as much attention as physical health.” – Pamela Robinson

EVENTS & FINEST

MAY 24 – MAY 30, 2019

STOJ

FLORIDA COMMUNITY CALENDAR MARY J. BLIGE & NAS

Boca Raton: Catch Jackiem Joyner at the Funky Biscuit on June 28. Miramar: The Caribbean Village Festival is June 23 at Miramar Regional Park Amphitheater.

Catch them at the West Palm Beach Coral Sky Amphitheater on July 11 and MidFlorida Credit Union Amphitheater on July 13.

Jacksonville: Kirk Franklin performs July 15 at the Florida Theatre Jacksonville. Miami: The Miami Dolphins Foundation will host its 23rd annual Fins Weekend on June 1, which includes golfing and fishing with area kids. Details: FinsWeekend.com. Jacksonville: Mary J. Blige will be at Daily’s Place on July 14.

LEELA JAMES

She’ll be at the Ponte Vedra Concert Hall on July 5 and Plaza Live – Orlando on July 8.

Davie: The South Florida Institute on Aging will host an aging seminar on June 21 from 8:30 a.m. to 4 p.m. at Nova Southeastern University. Register at www. theSoFIA.org. Orlando: Pentatonix: The World Tour with special guest Rachel Platten stops at the Amway Center on June 1. Tampa: Hootie & the Blowfish’s Group Therapy tour stops at the MidFlorida Credit Union Amphitheatre on June 9. Miami Gardens: The Sgt. LaDavid T. Johnson Memorial Day Breakfast is 9-11 a.m. May 27 at the Betty T. Ferguson Recreational Complex. Tickets: cmgmemorialday.eventbrite.com Tampa: Arianna Grande’s Sweetener World Tour stops at Amalie Arena on May 28.

Author traces iconic architect’s tracks in ‘Spying on the South’ BY DR. GLENN C. ALTSCHULER SPECIAL TO THE FLORIDA COURIER

In 1852, the New York Times sent Frederick Law Olmsted, not yet the iconic architect of city parks, to explore the slave South. Identified in the paper as “Yeoman,” Olmsted, an experienced farmer, mariner, and horseman, reported on the society and culture of the 11 Southern states and the militant defenders of the “peculiar institution” he encountered. In “Spying on the South,’’ Tony Horwitz, the author, among other books, of “Confederates in the Attic,’’ journeys, as Olmstead did, through Appalachia, down the Ohio and Mississippi rivers, and into Kentucky, Tennessee, Louisiana, and Texas. He, too, meets lots of colorful characters. Horwitz, who shares Olmsted’s missionary spirit and his conviction that making room for rational dialog makes it “harder for Americans to demonize each other,” also searches without much success for common ground in a deeply divided nation.

on talk radio – to sense the pervasive attitudes of White southerners in the 21st century. Leaving Crockett, he felt like Olmsted had after an exchange with slave masters in Nashville, Tennessee. “Very melancholy,” Olmsted wondered “what is to become of us…this great country & this cursedly little people.”

‘A political jolt’ Spying on the South does introduce us to Southerners, then and now, with redeeming virtues.

Horwitz describes German immigrants, for example, who denounced slavery and experimented with a primitive barter economy. The book also presents some hilarious episodes, including Horwitz’s attempt to ride a mule. That said, Horwitz indicates that a week after he followed Olmsted to the Rio Grande, Donald Trump was elected president of the United States. Although not on a par with secession in 1860, the event was a “political jolt” that added to his inclination to see “commonalities” between Olmsted’s “troubled era” and his.

Central Park visit For Horwitz, those commonalities include a retreat “into tribal and partisan camps”; the role of ultraists, who stoke divisions, spread conspiracy theories, and trash government; and White nationalism. “Spying on the South’’ con-

FLORIDA’S

finest

cludes with a visit to Central Park, Olmsted’s greatest achievement. Designed to bring people together, sometimes serendipitously, and relief from “the cramped, confined, and controlling circumstances” of urban life, the park, Horwitz reports, is safer and better maintained than it had been in the 1980s; New York would be a lot less livable without it. And yet, as prone to “the blues” and “the dumps” as Olmsted, Horwitz can’t help noticing that Trump buildings loom over Central Park, in a city (and country) that can’t escape disturbing divisions of class and race.

Dr. Glenn C. Altschuler is the Thomas and Dorothy Litwin Professor of American Studies at Cornell University. He wrote this review for the Florida Courier.

BOOK REVIEW Review of Spying on the South: An Odyssey Across the American Divide by Tony Horwitz. Penguin Press. 496 pages. $30.

Think you’re one of Florida’s Finest? E-mail your high-resolution (200 dpi) digital photo in casual wear or bathing suit taken in front of a plain background with few distractions, to news@ flcourier.com with a short biography of yourself and your contact information. (No nude/glamour/ fashion photography, please!) In order to be considered, you must be at least 18 years of age. Acceptance of the photographs submitted is in the sole and absolute discretion of Florida Courier editors. We reserve the right to retain your photograph even if it is not published. If you are selected, you will be contacted by e-mail and further instructions will be given.

‘Pathway to citizenship’ In Texas, Olmsted discovered that Anglos, who had been granted citizenship by the Mexican government in the 1820s and ‘30s, eventually seized the land of Mexicans, who they regarded “as vermin, to be exterminated.” Many defenders of the Alamo, including David Crockett and fortune seekers from Denmark, Wales and elsewhere, Horwitz adds, “were effectively illegal immigrants,” while Santa Anna’s army included Europeans and mestizos of mixed Spanish and Indian descent. Adding to a story that is anything but black and white are little-known facts that Spanish colonialists provided “a pathway to citizenship” for the “natives” and, in the 19th century, Mexico abolished slavery.

21st-century attitudes Horwitz doesn’t hide his political perspective. As they described a Muslim terrorist training camp, just outside of town (they hadn’t seen) and the Muslim president, Barack Obama, he writes, the rotating cast of locals at the Moosehead Lodge Breakfast Club in Crockett, Texas “left a bad taste” in his mouth. Intent on “walling themselves off from contrary information,” even when it’s supplied by a respected sheriff, these folks, he acknowledges, did not comprise a representative sample of Americans. But Horwitz has heard enough similar commentary throughout his odyssey – and “incessantly”

Thousands of Caribbean culture lovers converge on South Florida every year before and during the Columbus Day weekend to attend the annual Miami Broward Carnival, a series of concerts, pageants, parades, and competitions. On Carnival Day, “mas” (masquerade) bands of thousands of revelers dance and march behind 18-wheel tractor-trailer trucks with booming sound systems from morning until nightfall while competing for honors. Here are some of the “Finest” we’ve seen over the years. Click on www.flcourier to see hundreds of pictures from previous Carnivals. Go to www. miamibrowardcarnival. com for more information on Carnival events in South Florida. CHARLES W. CHERRY II / FLORIDA COURIER

MAY 24 â&#x20AC;&#x201C; MAY 30, 2019

TOJ

FOOD

MAY 24 – MAY 30, 2019

Sensational salads

Add fruits, veggies to meals for plant-forward nutrition

FROM FAMILY FEATURES

Adding more fruits and vegetables is one of the simplest ways to make at-home meals healthier for your family. Focusing your plate on more of the good stuff – vegetables, fruits, whole grains, legumes, nuts, plantbased proteins, lean animal proteins and fish – can help you cut back on the not-sogood stuff, including refined carbohydrates, added sugars, processed meats, sodium and saturated and

trans fats, according to the American Heart Association. While some may think meat makes the meal and it can be part of an overall healthy eating pattern, a survey from Aramark, the largest U.S. based food service company, found many people want to ease up on meat consumption, and 2 out of 3 want to eat more fruits and vegetables. The company made sweeping changes to incorporate more plants into its menus, resulting in meals with fewer calories, less saturated fat

BLACK-EYED PEA, CORN AND RICE SALAD Recipe courtesy of the American Heart Association Servings: 6 2 cans (15 1/2 ounces each) no-saltadded or low-sodium black-eyed peas, rinsed and drained 1 can (15 1/4 ounces) low-sodium or no-salt-added whole-kernel corn 1 package (8 1/2 ounces) brown rice, microwaved according to package directions and broken into small pieces 2 medium ribs celery, chopped 1 medium bell pepper, seeded and chopped 1/4 cup chopped fresh parsley 1 tablespoon extra-virgin olive oil 1 tablespoon water 1/8 teaspoon black pepper In large bowl, stir peas, corn, rice, celery, pepper, parsley, olive oil, water and black pepper until combined. Nutritional information per serving: 231 calories; 10 g protein; 7 g fiber.

and reduced sodium. Punching up the plants on your plate can lead to better nutrition in your house, too. Try putting vegetables and fruits centerstage with these hearthealthy salads. To help encourage healthier communities, the American Heart Association and Aramark have made it simple for you to learn better nutrition and lifestyle habits and to share that information. For more recipes, tips and resources, visit heart.org/healthyforlife.

SIMPLE PERSIAN SALAD Recipe courtesy of the American Heart Association Servings: 4 2 medium cucumbers, seeded and diced 4 medium tomatoes, diced 1 medium red onion, diced 1/4 cup chopped fresh mint or parsley 2 tablespoons fat-free feta cheese, crumbled 2 medium limes, juice only 1 tablespoon extra-virgin olive oil 1/2 teaspoon black pepper In bowl, stir cucumbers, tomatoes, onion, mint and feta. Cover and refrigerate 20 minutes. In small bowl, whisk lime juice, oil and pepper until well blended. Pour dressing over salad, tossing gently to coat. Nutritional information per serving: 88 calories; 3 g protein; 3 g fiber.

MAKE THE MOST OF SEASONAL FRUITS AND VEGGIES For many people, warmer weather means more time outdoors and food cooked on the grill. To help make your meals more nutritious, consider these ideas to choose, store and enjoy warm-weather fruits and veggies:

Corn Straight from the cob, sweet corn is packed with

TANGY KALE SLAW WITH CILANTRO AND HONEY Recipe courtesy of Aramark Servings: 6

1/2 cup red cabbage leaves, washed and shredded

2 tablespoons red wine vinegar 1 tablespoon light mayonnaise 1 tablespoon honey 1 1/2 teaspoons cilantro leaves, washed and chopped 1 teaspoon lime juice 1/4 teaspoon kosher salt 1/8 teaspoon ground black pepper 2 cups kale leaves, washed, shredded and stems removed

1/4 cup green onion, trimmed and thinly sliced

fiber and antioxidants and can be grilled, boiled or even microwaved. Try tossing it with a small amount of light mayonnaise, lime juice, smoked paprika and cayenne pepper for a simple version of Mexican Street Corn.

Cucumbers Prep is a breeze with cucumbers, which can be eaten raw with or without the peel. For a no-fuss salad, toss together cucumbers, onion and fresh dill then add a dash of sugar, salt and

1/2 cup carrot, trimmed and shredded

In bowl, combine vinegar, mayonnaise, honey, cilantro, lime juice, salt and pepper. Whisk until well blended. Add kale, red cabbage, carrot and onion. Toss to coat. Cover and keep chilled prior to serving. Nutritional information per serving: 40 calories; 1 g protein; 1 g fiber.

pepper plus a splash of cider vinegar.

Tomatoes Full of nutrients, including vitamins A and C and the antioxidant lycopene, tomatoes are a popular option for seasonal dishes. Store them stem-up on the counter, rather than in the fridge, to prevent bruising and enhance the flavor. For more ways to introduce fruits and veggies to fresh, seasonal meals, visit Aramark’s wellness blog at fyp365.com.