James M. Redwine

Gentle Reader

An Anniversary

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Just over one hundred years ago (June 1921), what historians consider one of the worst incidents of White on Black racial violence occurred in Tulsa, Oklahoma. An entire Black business district and many Black owned residences were destroyed by White vigilantes. Approximately 300 Negro citizens were murdered. The matter was omitted from official historical records until 2001. As a student in Oklahoma public schools from 1950-1961, I never heard of this event. It is now being included in school curricula. I recently was doing research for this column when I referred to a book, The Oklahoma Story, by former Oklahoma University Professor of History Arrell Morgan Gibson (1921-1987). In an informative and interesting book on the history of Oklahoma published in 1978, there is no mention of the 1921 Tulsa Race Massacre even though Professor Gibson does include Oklahoma’s history of segregation and racial prejudice.

For example, the book points out that the first Legislature of Oklahoma formally adopted legal segregation of public schools, public transportation, public toilets, water fountains and other facilities. While I have never forgotten living in a culture steeped in Jim Crow formal and societal expected segregation, Gibson’s book sharpened my memories and caused me to return to my frequently sublimated curiosity about America’s caste systems. One of my most difficult father/son experiences I had was attempting to explain the apartheid of my youth to my son who could not comprehend the incomprehensible. It is difficult to explain what one does not understand. I approached our numerous conversations about Jim Crow by relating my personal experiences with it. Of course, my experiences remained almost as mysterious to me as they were to my young son.

I had no explanation for why White society used its majority power to keep Blacks, what we called Coloreds, at a distance and a disadvantage. Why was the water from a White’s only public fountain better than that from a Colored fountain when they were both connected to the same source only a couple of feet apart? What difference did it make if Colored waste was separated at a commode when the sewers claimed both? And why was it okay for Coloreds to pay White restaurant owners for food to go but it was illegal for Coloreds to sit at the counter? What was so vile about Colored bodies that they could not ride in the White only seats? Most puzzling of all was what was so sinful about Colored Christianity that it could not be expiated along with White sin on Sunday?

Well, Gentle Reader, if you did not live under apartheid, this probably makes no more sense to you than it did to my son, or frankly, to me. On the other hand, I do wonder if we still have far to go as a society when it comes to race, or religion or gender or…. I also wonder if such public spectacles as the Sean Diddy Combs trial would be the titillating social phenomenon it is if the participants were White. Does America still suffer from a 400-year-old need to keep Black culture in a separate category from White?

Have we progressed or have we found ways to assuage our prejudice with bemusement? Even our President appears to fear that any recognition that America has need to make reparations is somehow morally wrong. As for that conversation with my son who now has children of his own, well, his daughter’s best friend is Black. However, the better news is, I do not think either his daughter or her friend knows there is a distinction.

 

Honor

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Gentle Reader, I was recently invited to address a group of high school honor students. I prepared the following remarks and hope they and you find them worthy of your interest. The theme given for the ceremony for the honor students was, “Write your own story”.  I designed my remarks around that theme.

HONOR

“Honor Students, as you write your life’s story you really only need to keep in mind a few elemental rules.

First, remember you are fortunate to have your American birthright to always guide you. When our son, Jim, first went to the old Soviet Union in 1992 he found complete strangers would pick him and his fellow Americans out and ask them if they were Americans. Jim decided the Americans stood out because they were the ones always smiling.

Then, when I taught judges in Kiev, Ukraine and Volgograd, Russia and the country of Georgia that had once been in the Soviet Union, people would stop my wife, Peg, and me on the street and ask us about America. We simply stood out from those around us. The reason was we were happy and smiling, but most of the natives were dour and stern. What we decided was that we were happy because we Americans had options; our freedom of choice was the difference.

So, Honor Students, as you write your life’s story never lose sight of the essence of being an American, that is your freedom to choose your own path. Of course, your freedom of choice has always been part of your lives. You have learned it at home and in school.

While I learned countless lessons of immense value in high school, I will share just three with you. The first involved the United States Constitution. Now you might think someone who had been to several colleges and even law school might know the Constitution through those schools. However, my most indelible lesson in the U.S. Constitution came from my high school American history teacher.

One cold autumn day our teacher came to class without his regular plaid sport coat. He was wearing a short-sleeved shirt and a flowery tie. He asked us in the class, “Why do I have the right to wear this short-sleeved shirt?” Naturally, none of us had a clue. He called on me, “Redwine! You should know the answer. The 2nd Amendment, you know, the right to bare/bear arms”. And I never forgot the 2nd Amendment after that.

Then there was our principal who taught me a lesson in sentencing. As a judge for more than 40 years I have been called on to devise many sentences that are fair, follow the law and do good, not harm.

I have many times remembered the wisdom of my high school principal who devised a “sentence” that perfectly fit the crime, that is, the football players including me who got into an out-of-control snowball fight during a lunch hour.

Our principal had us line up outside his office and ordered us not to move or talk while we waited for him to deal with us one by one. We stood in line dreading our punishment for 2 hours until he came out of his office and said, “Alright boys, no more brawls, now go to practice”. I have often thought back on this fair and imaginative “sentence” when I have had to make a sentence comply with the law but show mercy too.

Another lesson that helped guide me through several difficult sociological dilemmas involving the fair and equal treatment of people who came before me in court, was taught to me by my two high school football coaches when we played a game against another high school in a nearby town.

After the game our coaches put us on the bus and we drove to a restaurant in that downtown. Now, I realize to you Honor Students today, segregation is like something from a foreign country and a by-gone age. I assure you it was real.

I did not go to school with African American kids until after Brown vs. The Topeka, Kansas Board of Education in 1954 when the U.S. Supreme Court declared “separate but equal” in U.S. education may have been separate, but it was not equal and it was unconstitutional even though it was written to be the law.

My high school integrated my freshman year in 1957 and we had 3 black players, called coloreds back then, on our football team. So, when we stopped at that restaurant after the game our whole team went in, but the restaurant owner refused to serve our black players. Our coaches said, “If you won’t serve our whole team, none of us will stay”. So, we all returned to the bus.

This lesson in choosing the harder right over the easier wrong made a life-time impression on me as to what choices really matter. This experience made a better judge, and better person of me. It also helped me to recognize the major difference between American judges and the many foreign judges I have observed and taught. Foreign judges often refuse to devise a way around an unjust written law, but American judges will choose the harder right over the easier wrong and apply a legally acceptable but fair alternative to a tough case.

So, Honor Students, please write your own story knowing you have the right to choose where you go and what you do, what you believe and what you find invalid.

As Professor Joseph Campbell who taught at Sarah Lawrence College said, there is only one unpardonable sin, “To be unaware”. Therefore, pay attention as you write your story, do not let your life pass you by.

Also, Socrates told the Honor Students of Athens 2,500 years ago, “The unexamined life is not worth living”. In other words, be curious, challenge the status quo. As Alexander Pope cautioned in his poem, A Little Learning, “Drink deep, or taste not the Pierian Spring”. That is, do not be fooled by too little knowledge or those who espouse it.

The poet Robert Frost advised us to take the road less traveled, or as that great philosopher Yogi Berra said, “When you come to a fork in the road, take it”.

Honor Students, remember the sage advice of your mothers and “If you can’t say something nice, say nothing at all”.

And most importantly, as you write your own story, always “Choose the harder right over the easier wrong” and your life story will have a happy ending! If you follow these guideposts, I predict each of your life’s stories will be of great satisfaction to you and of great benefit to everyone else.

As Henry Wadsworth Longfellow said in his poem, A Psalm of Life, “Lives of great [people] all remind us, we can make our lives sublime and departing leave behind us, footprints on the sands of time”.

Honor Students, write your own story your own way and keep smiling!”

Peace In Our Time

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In his Inaugural Address President Trump told us his two main goals were to be a unifier and a peace maker. Most of us can applaud those aims. Also, most people, whether MAGA or Trump Haters realize such laudable and difficult objectives will take some time. Even skeptics must allow for a country as divided as America to be incrementally and slowly to coalesce behind anyone who announces such commendable, if unlikely, achievements. After all, even Jesus has had over two thousand years to reign as the Prince of Peace and the whole world seems still bent on committing either genocide or suicide. Perhaps we should, at least, allow President Trump more than a couple of weeks. While not convinced by his first term nor his actions thereafter, I for one can reserve final judgment. On the other hand, President Trump, in my opinion, has not made an auspicious start.

You may recall, Gentle Reader, that during his first term President Trump sought to restrict all Muslims from immigrating to America. Several of the countries we seek to have peaceful relations with are majority adherents of Islam. The U.S. has about four million Muslim citizens. The earth has a population of about two billion Muslims; that is one Muslim out of every four humans. To have a peaceful world America must have a leader who does not hate Muslims.

At his inauguration President Trump had a Catholic bishop, a Protestant cleric and a Jewish rabbi, but no Islamic imam. There were, also, numerous secular figures involved. While some citizens of the United States might believe that there should be no emphasis on any religious faith in our government based on the First Amendment, it has been an American tradition to involve religion in our inaugurations. This probably does no harm as long as all faiths are welcome. However, the exclusion of Islam from President Trump’s ceremony was obviously by his preference. Such exclusion did not help either national unity or the cause of peace.

What President Trump could do is to begin referring to America’s religious tradition as a Judeo-Christian-Islamic one; after all, each of the three faiths worship the same god and have many of the same rituals. Such a gesture by our new President would encourage the populace and especially the news media to include one-fourth of our world family in our aspirations for unity and peace. I doubt if such a magnanimous gesture by our new leader would escape notice and, I predict it would receive heartfelt gratitude.

Predictions

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Happy New Year! Photo by Peg Redwine

It is the new year, a time when we humans have often either savored our accomplishments, reflected on our regrets, dreamed of our hopes or dreaded our fears. The new year has long been a time when people of many cultures have analyzed the past and predicted the future. As Yogi Berra might have said, the future is hard to predict. However, that has never stopped us from trying. As for me, I find regretting the past only makes it more regrettable and dreading the unknown future only leads to self-fulfilling prophecies. On the other hand, attempting to predict the as yet uncontrollable events ahead will probably do little harm as the world will ignore us anyway. Ergo, I will boldly, if ignorantly, publish a few of my predictions as my experience has been hardly anyone will pay attention so no harm will result.

First, I will not lose weight nor exercise more unless an increasing frequency of nighttime bathroom trips qualifies. Nor will I read the many potentially life-altering books I have in my library. Second, I will not help Peg more around the house nor spend less money on chips and dip and less time in front of the telly. Third, none of my complaints about any public officials will result in any constructive impacts as, first of all they will not be read and secondly none of the officials will think they need to make any changes.

When it comes to generic suggestions, such as I and many others have been making for many years, our state and federal governments may take umbrage, if they even take notice, but not one of our calls for peace in the Middle East or anywhere else will be heeded. In fact, I predict our national leaders will swallow the false intelligence once again fed to us by Israel, such as “weapons of mass destruction”, and we will support a war against Iran as we enable Israel’s theft and destruction of Palestine and Syria.

I do predict Ukraine’s invasion by Russia will finally reach a stalemate on the terms I predicted just after it began three years ago; and, after we have expended billions of our treasure. Russia will stop in return for a permanent seizure of Crimea that they have occupied since 2014 and the permanent occupation of a substantial portion of Ukraine east of the Dnipro River with Ukraine to maintain its ownership and control over the port of Odessa on the Black Sea. I further predict Russia will not help rebuild Ukraine, but America will to the tune of many more billions of our dollars.

Well, Gentle Reader, I suppose you can tell why I find predictions of the future as unhelpful as Yogi might have. I do have many more fears and hopes relating to our fragile globe’s future, but I find the concentration upon them debilitating. And, as it is the new year, I will just succumb to muddling on through 2025. “Happy” New Year to you all.

They Deserve A Special Place In ….

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Gentle Reader, as we face a New Year my thoughts are ever hopeful we have learned something worthwhile from the years that have gone before us. I realize this has been the dream of most of you too. However, we all know there are those whose thoughts and behaviors never turn towards improvement, but in fact, are often the very things that need to be improved.

The best example I know of placing such cretins where they deserve to be is The Divine Comedy (The Inferno) written by Dante degli Alighieri (1265-1321) in the 14th century. Dante did not just suffer the infuriating faux pas and social sins of people such as Dante’s political enemies in Italy, he created an elaborate hell of deserved punishments and placed them in it. To that I say AMEN! Perhaps, we should at a minimum list and expose some of the boorish behaviors that call for condemnation. You, Gentle Reader, will surely wish to recognize many others that quickly come to mind.

I will lead with those lazy louts who defile our roads, streets and sidewalks with their litter. Is it too burdensome to put one’s trash in a designated receptacle? Oh, and that includes cigar and cigarette butts, you buttheads. I humbly suggest such losers should have to dine off unwashed dinner plates previously used to gather stockyard feces.

Then there are the geniuses who ”child-proof” medicine bottles by making them completely unopenable except by a chainsaw. This genre of misled child saviors should acknowledge that if a medicine bottle that contains medicine for children and the elderly cannot be opened, it does not protect but endangers the intended classes. I think a reasonable punishment for such bottle cappers would be to have to open every can or bottle only with their teeth.

Another group of public minded workers in need of training are traffic officers who, even once a traffic accident scene is secure and any injured are removed, fail to direct vehicles so that people lined up for miles in each direction can continue on. Often officers forget that most of the world’s citizens were not involved in the accident but do have other things to do. A proper sanction might be making such unconcerned public servants always be the last in line for Taylor Swift concert tickets then telling them it is sold out when they finally reach the ticket seller.

And what about those makers of products such as expensive clothes who are so concerned that some miscreant might steal one of the thousands of items on the shelves that they stick or staple or otherwise attach labels to each product that can only be removed by damaging the product? Perhaps a label should be affixed to their forehead with a staple as a reminder not everyone is a thief.

Another place that reciprocal treatment might be called for is drive-through establishments, such as coffee shops, where cups of scalding liquid are filled so full there is no way to handle them without the liquid splashing upon one’s lap? Do the baristas get some satisfaction from seeing us drive away in fits and jerks? Workers at such establishments might be sentenced to a lifetime of sitting in a hot tub of tar heated to a toasty 103° Fahrenheit.

Now, I know we have just skimmed the greasy surface of situations that call for divine, or at least heartfelt, retribution for behaviors we wish we could see change for 2025. On the other hand, Dante knew he could not expiate all of Italy’s 14th century uncalled for behaviors. He just did the worst he could. I call for the same deliverance from the jackanapes who show no concern for the rest of us.

You, Gentle Reader, might desire the same including the extinction of newspaper columnists who campaign for never to be achieved outcomes.

Presumed Mentally Ill

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Luigi Mangione is presumed by the Manhattan New York District Attorney Alvin Bragg to have murdered United Healthcare Chief Executive Officer Brian Thompson and has had him indicted by a Grand Jury for First Degree Murder. If the state does not presume Mangione guilty, it should not have charged him. Of course, the generic legal system is supposed to presume Mangione innocent, good luck with that, but it’s a good theory.

As for me, I know only what CNN, MSNBC and FOX News tell me about the case of December 04, 2024. Therefore, based on my experience with cable news, I conclude I should not presume anything except that Mr. Thompson was shot in the back by a masked person; after all, I have seen that in countless showings on television with my own eyes. And even Mr. Thompson’s identification, medical condition and employment are only known to me via hearsay. Now with AI, even my eyes cannot be afforded unquestioned reliability. The general public has no legal obligation to presume anything unless they happen to be selected to serve on a jury that may eventually try Mangione.

As for Mr. Mangione’s new attorney in his New York case, she has been described by the media as “high powered” and high profile. Attorney Karen Friedman Agnifilo is either Clarence Darrow or Shakespeare’s Shylock if one pays heed to the national media. Regardless, before she agreed to represent Mangione she had publicly opined on mental illness as a defense Mangione might advance. Now, should she decide to appear in Court for Mangione, she might advance in the case the theory that Mangione suffered from mental illness at the time of the shooting; i.e., that the evidence proves it is more likely than not at the time of the shooting Mangione suffered from a mental illness and the shooting was done as a result of that mental illness.

I, nor you either Gentle Reader, is in a position to assign legal liability to Mangione. Under our system of justice as governed by the law of New York state, a judge or jury may end up deciding whether Mr. Mangione is legally responsible for Mr. Thompson’s death. Each of our fifty states has its own statutory scheme to address criminal liability for those who claim their otherwise criminal actions should be processed as a case of diminished responsibility. Each state’s system is both factually and medically sensitive and requires that one charged with a crime first raise the defense of diminished capacity via a pleading filed before the Court and then carry the burden of proving that defense by a preponderance of the evidence.

The presumption in criminal cases is that one charged with a crime did not act as a result of diminished responsibility and that the defendant did understand what they were doing and had the mental ability to conform their actions to the law. The burden of proof on the issue of diminished responsibility, by a preponderance of the evidence, is upon the defendant. The law’s requirement that a possibly mentally ill person must prove his or her mental illness, is the only way our law has so far found to process the mental illness defense. I confess I do not see how society could carry such a burden and still process the countless cases such a defense might engender. Therefore, the burden to prove mental illness at the time of the crime must rest on the defendant.

If Mangione should be found by a Judge or Jury to have committed the shooting and that he was of legally diminished capability when he did so, the State of New York will have the burden of incarcerating him in a medical facility until he is “cured” or until he passes away. Regardless, the legal system will be obligated to process the case pursuant to legal and medical statutory requirements. Also, no matter how the case is finally resolved, I predict about as many people will be aggrieved as will be happy.