Plea Deal – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Officer Who Killed Walter Scott Pleads Guilty to Civil Rights Charge https://legacy.lawstreetmedia.com/blogs/law/officer-walter-scott-guilty/ https://legacy.lawstreetmedia.com/blogs/law/officer-walter-scott-guilty/#respond Wed, 03 May 2017 14:28:22 +0000 https://lawstreetmedia.com/?p=60532

Murder charges against Slager will be dropped as part of the plea deal.

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Image Courtesy of Gerry Lauzon; License: (CC BY 2.0)

Michael Slager, the former North Charleston police officer who shot and killed Walter Scott in April 2015, pleaded guilty on Tuesday to charges that he violated Scott’s civil rights by using excessive force. As part of the plea agreement, federal prosecutors will drop the murder charges against Slager. The murder was one of a spate of instances in which a white officer was filmed killing an unarmed black man, and added fuel to the Black Lives Matter movement.

“The defendant willfully used deadly force even though it was objectively unreasonable under the circumstances,” the plea agreement says, according to the Associated Press. “The defendant acknowledges that during the time he used deadly force, he knew that the use of deadly force was unnecessary and excessive, and therefore unreasonable under the circumstances.”

Scott’s death was a galvanizing moment for the Black Lives Matter movement during a year in which, according to a Washington Post database, at least 38 unarmed black men and women were shot and killed by police. The bloody April 4, 2015 episode began as a routine traffic stop. After Slager pulled over Scott’s Mercedes Benz because of a broken taillight, the 50-year-old Scott ran away.

A video, filmed by a local barber, captured the rest of the scene: the two men began to tussle over Slager’s Taser. Scott once again fled from Slager, who fired eight shots at his back; five hit their mark, killing Scott, and igniting national outrage. Slager was immediately fired and, a few days later, charged with murder. Last December, the murder trial ended in a hung jury.

Slager was facing two life sentences: one for the murder charge, and one for the civil rights charge. Because he entered a plea deal, it is unlikely Slager will face life in prison. Slager appeared in federal court for a hearing on Tuesday. Local journalists captured the scene:

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Your Brain on Serial https://legacy.lawstreetmedia.com/blogs/culture-blog/brain-serial/ https://legacy.lawstreetmedia.com/blogs/culture-blog/brain-serial/#comments Thu, 20 Nov 2014 17:11:07 +0000 http://lawstreetmedia.wpengine.com/?p=29173

The first season of the Serial podcast has built a cult following, unpacking the gray area of true stories.

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Image courtesy of [Kin Mun Lee via Flickr]

You’ve probably come across a tweet like the above on your timeline recently.  You click on that hashtag and fall down a rabbit hole. For the uninitiated, Serial is a podcast from the producers of This American Life that takes one true story and methodically unpacks it, week after week, immersing the listener and letting us in on narrator Sarah Koenig’s inner reflections, doubts, and evolving theories. It has brought about the phenomenon of mass binge-listening that, as the Wall Street Journal noted, harkens back to “the golden age of radio.”

In the first season that started in October, Serial delves into the 1999 murder of a Baltimore high-school student, Hae Min Lee, and the conviction of her ex-boyfriend, Adnan Syed, a seemingly exemplary student-athlete, for first degree murder. In episode one we learn that Syed’s conviction rests almost entirely on the (inconsistent) testimony of a friend named Jay, who pled guilty to an accessory charge for helping Syed bury the body. In interviews with Koenig 14 years after his conviction, Syed maintains his innocence and emphatically defends this position pointing to the prosecution’s lack of physical evidence tying him to the murder.  As each episode peels back a layer and reveals more, your conscience is yanked between disbelief that Adnan is capable of such a crime and the realization that he may, in fact, be guilty.

While this tension drives compelling “true crime” stories, the success of Serial is equally attributable to the fact that it challenges our understanding of how the justice system works. There’s a moment in episode eight of Serial where Koenig asks a former D.C. homicide detective, Jim Trainum, why detectives seemed to dismiss the inconsistencies in Jay’s testimony. Trainum says, “You don’t want to do something if it’s going to go against your theory of the case.” He tells Koenig, who is now incredulous and wondering where the truth fits in, “Rather than trying to get to the truth, what you’re trying to do is build your case and make it the strongest case possible.”

Ignoring inconsistencies when a witness’ story jibes with law enforcement’s theory of the case is what’s known as a ‘verification bias.’ The question then becomes how much of that bias is informed by stereotypes? Syed is a Muslim-American of Pakistani descent and the prosecution’s theory invoked his religious upbringing to suggest that he was torn between two worlds, and that he could be “possessive” and “controlling.” To a jury, the narrative that emerged may have resonated with stereotypes it had about Muslim men being controlling, and tipped the scale in favor of erasing any reasonable doubt of his guilt. In episode seven, Deirdre Enright, a lawyer with the Innocence Project, echoes this concern and her team notes several pieces of evidence found at the scene of the crime that were not subjected to forensic analysis.

At Syed’s sentencing on June 6, 2000, the Baltimore Sun reported that Baltimore Circuit Court Judge Wanda K. Heard, acknowledging Syed’s charisma and popularity, said: “You used that to manipulate people. Even today, I think you continue to manipulate even those who love you.”  Serial may never confirm Judge Heard’s intuition but it does make one thing profoundly clear: our need to make sense of a senseless tragedy can cause us to manipulate facts along the way, turning the quest for justice into a mirror that, in the best case, reflects a distorted version of the truth which validates our own prejudices.

Kesav Wable
Kesav Wable is an attorney practicing in New York, as well as an accomplished actor and writer. His short film For Flow, an HBO American Black Film Finalist in 2011, was broadcast on HBO/Cinemax, and he continues to develop scripts for the stage and screen. Contact Kesav at staff@LawStreetMedia.com.

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