Showing posts with label Hate Crimes. Show all posts
Showing posts with label Hate Crimes. Show all posts

Thursday, December 31, 2009

10 Things I Hate About Florida

I am so excited about the upcoming 2010. So, for the new year, here is my list of 10 things that I hope to see a positive change in:

10. Dirty drinking water. It may surprise you to know that despite Charlie Crist's boat rides throught the everglades with John McCain, that Florida has some of the worst water contamination in the United States. Our governor has repeatedly attempted to market himself as having concern for the environment but there is absolutely no evidence to back it up. In fact, cities where Crist garnered most of his votes (like Tampa, Orlando, Jacksonville and Pensacola) all rank in the bottom 50 US cities for water cleanliness.
Pensacola Florida has the absolute worst water quality in the USA. We need to clean up Floridas waters and stop dumping pollution into them.

09. Hurricane madness. Every time there is a hurricane in Florida, our entire state goes topsy-turvy with panicked media reporting, price gouging, and bizarre "emergency preparedness" marketing gimmicks. Just settle down, people. Every thunderstorm is not Hurricane Andrew. Just board up your windows, buy a few candles and remember the serenity prayer: God help me to accept the things I cannot change. Check out
one of the hilarious parodies of Florida's weather reports on YouTube.

08. De-funding of rehabilitation programs in Broward. This one lands squarely on the shoulders of our Republican Sheriff Al Lamberti. He promised Broward's voters that he would cut the budget as Sheriff. Many of us believed this would be a good thing as there seems to be 2 Sheriff's officers for every citizen out on the streets here. It's a total police state. But Lamberti has gone and exacerbated many of our problems here in Broward by cutting the most essential programs associated with his department - the ones that keep criminals from returning to the streets with a chip on their shoulder. Furthermore, rumor has it with all the new cops he's put on the streets and a
refusal to "just say no" to the PBA, he's actually increased the budget, not reduced it. One officer proudly showed me the computer games he had installed on his laptop in his squad car, which he admittedly plays all the time on his "boring" nights of patrol - paid for courtesy of the PBA. And I can still point to half a dozen obvious crack houses in my community that nobody has busted - including the corner dealer who slings his rock just one block south of the Sheriff's office building. Total shame! (And this assessment is coming from a guy who voted for Lamberti...)

07. Charlie Crist. This guy ran as a moderate and turned into someone so repulsive and pandering that even teabaggers think he's crazy. He's not managed to do much of anything except to strike a severe blow to gay rights and get married to some chick in a
shotgun attempt to prove he's not gay himself. Florida Agenda editor, Dan Renzi wrote a tongue-in-cheek endorsement of Crists ultra-conservative opponent in the upcoming US Senate race in which he stated "Personally, I am rooting for [Marco] Rubio to win the Republican nomination... Crist has sold his soul for conservative votes just to benefit his own career." It must be noted here, that Renzi's "endorsement" of Rubio is at least sarcastic and at most, a hope to see Republicans back themselves into their own corner of shame. The Florida Agenda is a gay newspaper and Rubio is running an anti-gay campaign. But Florida's gays have lost all respect for Charlie Crist because of his support for Amendment 2 and seeing him lose another race to the very people whom he panders to would be bitter-sweet irony.

06. Gay Adoption Ban. Florida is the only state in the USA with a ban on adoption that specifically targets gays and lesbians.
It's unconstitutional, it's wrong and it's hateful. Gay families all over the USA live in fear of this bill becoming a prototype for Nazi-esque family management laws all over the country.



05. Parking issues in South Beach. Every time there is a convention in Miami or South Beach, you are bound to pay hundreds of dollars in tickets, fees or to get your car out of towing (or all 3 simultaneously). City officials have been terrorizing visitors to their lovely haven with the threat of losing their transportation and income to "the system" for far too long. If you want your precious tourism to return, you had better take it easy on us and give us an affordable way to get there.

04. Public officials who live outside their jurisdictions. This issue was brought to my attention by a candidate for mayor of Fort Lauderdale who eventually lost, Earl Rynerson. A great number of city officials in metropolitan areas of Florida do not actually live in the areas that they preside over. This "take the money and run" approach to government is
bleeding our cities dry and decreasing the liklihood that our legislators feel any allegiance to the communities which they supposedly represent. I am currently working on a list of income levels and places of residence for city officials in Fort Lauderdale and I would encourage other Florida bloggers and journalists to keep track of this disparity as well.

03. Hate Crimes. Florida is well on it's way to becoming the Hate Crime Capitol of the nation. Everything from the murder of Ryan Skipper to the
police tasering of an unarmed African American bicyclist in North Florida to the States Attorneys and Sheriffs who flippantly refuse to prosecute hate crimes as such in spite of the new Federal law, The Mathew Shepard Act. For more information, visit Gay American Heroes.

02. Amendment 2. The state of Florida has more targeted anti-gay laws on its books than any other state in the USA - which is ironic considering the number of gays and lesbians who live and vacation here. Gay and Lesbian, NY and European tourism is declining at warp speed from South Florida, the small two-city patch of Florida from which we derive the
upper 35% of our total tax revenue. Businesses are closing and restaurant workers are taking home fewer tips. One major reason for this is because Fort Lauderdale is no longer "where the boys are". Florida has been getting a nasty reputation as the only state that has specifically outlawed both gay adoption and civil unions. Amendment 2, despite the hype from an ultra-conservative group who put it on the ballot, goes far beyond protecting marriage and is a full-scale assault on gays and lesbians. It's much worse than California's Proposition 8 because it outlaws the recognition of civil unions and mandates it's own permanency by requiring that only a super-majority of voters can overturn it. The areas of Florida that voted for Amendment 2 by the highest majority also happen to be the areas from which we recieve the measley lowest amount of tax revenue in the state.

01. Gerrymandering. Here's where I introduce the light at the end of the tunnel. More Floridians (both conservative and liberal) are warming up to the idea of a ballot measure introduced by Fair Districts Florida which would
effectively end Gerrymandering in the sunshine state. The current re-districting policies are probably the one link between all of the 9 problems listed above and a whole slew of other problems including corruption and cronyism. We can all agree that Florida is sick of hateful Republicans and corrupt Democrats. The Fair Districts Florida ballot measure is a way for us to give power back to the voters and to restore confidence in our swing state. We used to be the spotlight of the nation during our elections and our impact on the USA was envied. But in the last few elections we were an embarrassment to our country. We allowed George HW Bush's Supreme Court to elect his son to the Presidency in 2000 and we allowed our state legislators to take away our ability to participate in the Presidential primary election of '08. It's time to take back our state and tell our legislators that we would like to stop being forced to vote for the lesser of two evils in every election. The Fair Districts Florida ballot measure is the way to go!

Monday, November 2, 2009

BSO Hates Hate Crimes (therefore doesn't report them?)

Want to know how to commit a hate crime in Broward County and get away with it?
Easy. Just don't call it a hate crime when the cops come to arrest you.

Last week, I attempted to yank on Sheriff Lamberti's chain for getting together with the Dolphin Democrats in an effort to assure us all that he is dedicated to stopping hate crimes in Broward County. Over the weekend, Dani Moschella, the Sheriff's Public Relations Officer returned my calls made before the post.

According to Moschella, "Sheriff Lamberti is committed to stopping hate crimes [and so is] everyone else [at BSO]." She assured me that the Broward County Sheriff's Office is doing everything within their power to investigate, deter, and otherwise stop hate crimes and that Craig Cohen's murder did not (at the time of investigation) turn up the requisite evidence to report it as a hate crime.

"So, what evidence do they need?" I asked her.

The answer was complicated, as expected. Moschella struck me as a sincere person who was dedicated to her office. She told me that because of Lamberti's efforts, BSO is one of the few agencies in Florida that even has a Hate Crimes Task Force. She believes (perhaps rightly) that Broward County is way ahead of the curve when it comes to tackling hate crimes in Florida.

(UPDATES 09/04/09 - Commander Wierzbicki returned my calls today and offered new information - see below.)

Wierzbicki, a member of the Dolphin Democrats (a gay democratic organization), has made comments to local papers that seem to be directed at those who wish to see Craig Cohen's murder reported as a hate crime. Most recently, he told the Sun Sentinel that "You don't just throw hate crime charges on a wall and hope they stick. This attack just doesn't fit the criteria for those charges."

In an email to me, the public information office told me to expect a call back from Wierzbicki. At first I was personally offended that Weirzbicki has concluded that those of us who are brave enough to call a spade a spade are "throwing things at the wall and hoping they stick". This seemed rather accusatory and defensive, especially considering that it does not address the specifics of the case. (see updates below)

Wierzbicki has addressed specifics of the case before, at which point he disappointingly did not address what strikes us as the most obvious evidence (the easily concluded sexuality of the victims and the plans formulated by the perpetrators) to say that there was no evidence that a hate crime had occured. Wierzbicki even went so far as to imply that they would need the murderers themselves to spell it out for them before they could have enough evidence by his calculations. A local rabble-rouser named Scott Hall, who is often seen at gay events with large photographs of murdered gay people looming around him, pointed out the hypocrisy of Weirzbicki's deflection by saying that if the same thing had happened to an African American person, we'd be looking at a different outcome.

9/5/09 - Speaking to Wierzbicki, he says that he and his department believed it to be a hate crime at first as well, but the evidence wasn't there. This is probably where Wierzbicki is in the uncomfortable position of not being able to give his opinion on the matter because of his position. It would most likely be illegal for a commander or officer to give an opinion to media persons which conflicts with the evidence at hand.

According to BSO (via Moschella), while they express their commitment to stopping hate crimes, the hard evidence is what matters in classifying hate crimes as such. The philosophy behind gathering this evidence varies greatly from person to person at the Broward Sheriff's Office. According to some, they believe it necessary to think in terms of what a jury is likely to convict on (which obviously stems from rhetoric used by States Attorneys). According to others, hate crimes are reported if the evidence matches enough of the bullet points on some mythical 'evidence of a hate crime checklist'. If such a document exists, I have not seen it, despite all efforts to locate one.

According to state law (see pg 6), a hate crime is when the perpetrator intentionally selects the victim based on one or more of the following characteristics: race, color, religion, ancestry, national origin, sexual orientation, advanced age, or mental/physical disability. It's a vague definition at best and the operative word in the attack on Cohen is "intentionally".

In the case of Craig Cohen's murder, the kind of evidence that would be needed to classify it as a hate crime might be something like this:

Officer: Hey, was this by any chance a hate crime because Cohen was gay?
Assailant: Why yes, yes it was. I hate gays.
This is the ridiculous sort of scenario that I imagine when I look at these situations in the way they are being described to me by officials. It defies logic that the requisite evidence of a hate crime is, foremostly, even required for reporting one and secondly, reliant mostly upon the perpetrator of a hate crime to give themselves away.

Since the murderers (who had already spoken to their attorneys by the time the words "hate crime" were uttered by anyone) were wise enough to avoid saying anything in official records about Cohen (or their other victim, Villanova) being gay, the murder is said to be one of 'everyday garden variety'. (09-04-09 -According to Wierzbicki, he is not sure if the perpetrators spoke to their attorneys before they were questioned but it doesn't seem likely in light of the fact that they discussed their motivations with Sheriff's officers at all.)

Evidently, BSO is not required (or wasn't at the time of investigation) to gather evidence of a possible hate crime by interviewing other people who know the attackers (teachers, neighbors, parents, friends, or church fellows). The perpetrators of this crime also viciously attacked another gay man (near a gay bar in a gay neighborhood) the same night. The discovery that the attackers got together and smoked pot in their hometown of Deerfield Beach while discussing the idea of going to Fort Lauderdale's gay area to find a victim is apparently of no importance to anyone involved. 09-04-09 According to Wierzbicki, the Sheriff's Department circulated pictures of the attackers and originally investigated the attacks as hate crimes because of the circumstances. However, because the attackers only confessed that they were looking to "mess somebody up" for a good time, the requisite evidence was not there to charge them with a Hate Crime. It is believed (by Wierzbicki) that the attackers chose their victims only by the fact that they were walking alone. We are expected to believe that by some divine accident, the two lonesome walkers that the attackers chose out of hundreds of thousands in the state of Florida that night both happened to be gay and it was just a coincidence.

During the Matthew Shepard trial, Chastity Pasley and Kristen Price (the respective girlfriends of Aaron McKinney and Russell Henderson at the time of the event) testified that Henderson and McKinney both plotted beforehand to rob a gay man. That's what sealed the fates of those murderers even before any hate crime legislation had been enacted. Hate crimes legislation is intended to bring awareness to people and declare that the United States of America does not tolerate socially-targeted hateful acts. It proves the point that some crimes are perpetrated out of hatred for any given social class and that we, as a society of civilized people find these crimes to be particularly offensive.

Unfortunately, some people don't completely get it. They believe that the point of hate crimes legislation and reporting is to issue that "extra punishment" for the perpetrators. Obviously, prosecuting attorneys have come to see the classification as a tricky bonus round in the game we call justice. The Broward Sheriff's Office seems to ascribe to that latter definition.

According to Moschella, "there isn't really any point [from a legal standpoint] in charging them with a hate crime because it is what's referred to as an 'enhancement charge' and [the attackers] were already charged with murder."

I don't think Moschella is out on a limb on this one. I'm sure this belief is popular in Tallahassee as well. It would be quite convenient for Florida's Republican legislature and the taser-happy cops of North Florida to think of hate crimes reporting as something that's sort of pointless and excessive. I don't mean to imply that Moschella is defending hate crimes - I believe her when she says that BSO takes them seriously and is concerned. But at the same time, there is evidence that BSO still might need some improvement in this department when compared to their peers. In a report issued by the Florida Attorney General's office in 2008, only 4 hate crimes were officially reported by the Broward Sheriff's Office. However, 25 hate crimes were reported by city police within Broward County.

Let's throw that last little fact at the wall and see if it sticks.

Still unclear to me until further interviews, is whether or not reporting hate crimes is only done when hate crime charges are filed. More information to follow.

This post contains updated information since the post "Queer & Loathing in Fort Lauderdale" was published. Future updates on this subject will be posted here and this post is subject to periodic edits and changes as relevant information is discovered.

Tuesday, October 27, 2009

Queer & Loathing In Fort Lauderdale

In Brief: This post presents some reasons that charging the murderers of Craig Cohen with a hate crime may prove more difficult that previously expected. Is the Sheriff's office doing everything they can? Or is Justice taking a back seat to politics again? Readers are also informed of the media/political campaign against the openly gay but now disgraced former "cop of the year" Deputy Jonathan Bleiweiss.



We don't have a lot to celebrate in the "Venice of the Americas" these days... We still have PTSD from Amendment 2, our local celebrity good guy, Sheriff's Officer Jonathan Bleweiss was arrested for allegedly fondling male illegal immigrants during arrests (more on that below) and hate crimes seem to be increasing - but not officially.

New updates on this subject are being posted on this blog here.

Let's rewind to April 6th, 2009 where Craig Cohen, a nice mild-mannered gay man who loved animals was walking home alone from his dinner at a restaurant in Oakland Park. Suddenly, he was viciously attacked by 3 straight men and left for dead. The perpetrators took nothing except his cell-phone (presumably so that Cohen could not call for help). Cohen, who was still alive after having his head stomped into the pavement multiple times, was left with his money, wallet and watch still on his person. Cohen died from the attack months later on October 7th.


Just moments after the 3 men attacked Cohen, they attacked another gay man, David Villanova, in much the same manner outside of a gay bar - fracturing his skull in the process. This time, they decided to rob him as well. The two victims had a lot in common in that they were both happy, attractive, well-dressed contributing members of society. The only differences being a slight difference in age and that Villanova is still alive and recovering from his injuries.


The 3 attackers (Chad Olah, Victor Gonzales, and Pargu Leandro) should be charged with Hate Crimes, right? Right... But it's not shaping up that way.


Why? Because of course, there are politics to think about...



Broward County Sheriff Al Lamberti (a Republican) and Rick Wierzbicki (an outspoken gay Democrat who leads the BSO's Hate Crimes Task Force) have been busy attending awards dinners with the Dolphin Democrats (a Gay Democratic group of which I am also a member) and the candle-light vigils for the victims. Both Lamberti and Wierzbicki have expressed sympathy for the victims and a commitment to put an end to Hate Crimes in Broward County. But according to the press release that BSO released pertaining to the crimes, the attackers might not even be charged with murder, let alone a hate crime...


So why would it be so difficult to charge these 3 men with a hate crime, let alone murder?


It turns out that the answers are nothing more than deflection, denial and political expediency.


A contact member of the Dolphin Dems (who I've chosen to keep anonymous) told me, in defense of Lamberti, that at the recent awards gala, Lamberti intimated that he believed the attacks to be Hate Crimes as well but not proveably so. This contact also went on to tell me that it's up to the State's Attorney and that the Sheriff's office holds no responsibility in deciding whether or not a crime is a hate crime (which is flat-out false and would render Wierzbicki's position rather irrelevant if it were true). Aside from what is said behind closed doors at the pricey awards receptions, the general public can only go by what's contained in the BSO press releases - which, so far claim that the two gay victims were merely attacked because they were walking alone and not because they were gay.


However, it is true that the State's Attorney's office has a role to play in shaping how charges against an attacker are leveled. According to Adrianne Reesey (BSO's Community Involvement Specialist), there is the matter of "reasonable doubt" to consider. She explains that what might seem obvious (to myself and other members of the gay community) might not be exactly the magic bullet to convict. A killer can actually walk free if the various elements of a Hate Crime are not proven beyond a "reasonable doubt" if that is what the State is charging the defendants with.

In Fort Lauderdale, proving Hate Crimes can be an absolute mine-field considering recent news. As it turns out, according to a thus-far-anonymous contact, the first officer to respond to the scene of Cohen's attack was the now-defamed Jonathan Bleiweiss. Bleiweiss was charged (both in the media and by the Sheriff's office - but mostly by the Sun Sentinel) of all sorts of lewd conduct and illegal behavior on the job. It's the kind of case (read: witch-hunt) where newspapers go and interview crazy homeless people to ask them for their opinions on the matter just to increase the gossip-factor. Bleiweiss was the first gay cop to be honored as "Broward Sheriff's Officer of the Year" right before Lamberti won his election by a slim margin. It was only a matter of time before a catholic-run homeless shelter, the Sun-Sentinel and Lamberti himself would find this gay rockstar's weakness... Big Illegal Immigrant Cock on his donut break.


Bleiweiss can't possibly recieve a fair trial (for allegedly using his badge to coerce illegals to have sex with him) after Sheriff Lamberti joined the media frenzy (176 television reports within a month and just as many newspaper articles) by going on television to say that Bleiweiss is guilty, guilty, guilty. The Sun-Sentinel and Palm Beach Post hammered the final nail in Bleiweiss' coffin by all-but-promising "victims visas" to any other illegal immigrants who might wish to come forward and make claims against Bleiweiss.


While Bleiwess sits in the main jail, awaiting his day in court, his tarnished legend might be just the kind of thing that a defense attorney for the anti-gay attackers would try to invoke to get a sympathetic pat on the back for his clients (two of whom happen to be hispanic).


Another factor is that one of the 3 attackers (Chad Olah) was not quite 18 years old at the time of the attack, and nobody seems to be able to tell me whether he may have done the most damage to Cohen and Villanova's skull.


One thing is certain - if Hate Crimes continue to happen and go un-punished in Fort Lauderdale, the gay community most certainly knows how to respond in kind. This is the kind of thing that people lose re-election over in South Florida. Pending Barack Obama's signing of the Mathew Shepard Act into law, the Broward Sheriff's Office may not have much input in future hate crimes and how they're dealt with unless they prove that they can cooperate with the legislation.


At the time of this post, no additional press releases have been released and further updates on this subject can be read here.