WASHINGTON, Feb. 25 (UPI) — The U.S. Supreme Court Monday refused to review a Texas drug case but two justices said they were appalled by the racist language of a prosecutor.
The rejection was unanimous, but Justice Sonia Sotomayor wrote an opinion on the denial that was joined by Justice Stephen Breyer.
“I hope never to see a case like this again,” Sotomayor said.
Bongani Charles Calhoun, a black man, stood trial in Texas for a drug conspiracy. At issue was whether Calhoun knew the friend he was accompanying on a road trip, along with the friend’s companions, were about to engage in a drug transaction.
When the others attempted to buy cocaine from an undercover federal agent, they were arrested.
At trial, Calhoun said he didn’t know what the others were up to, and had detached himself from the group.
“The prosecutor pressed Calhoun repeatedly to explain why he did not want to be in the hotel room [with the others],” Sotomayor wrote. “Eventually, the … judge told the prosecutor to move on. That is when the prosecutor asked, ‘You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you — a light bulb doesn’t go off in your head and say, ‘This is a drug deal?'”
Sotomayor said Calhoun’s lawyer didn’t object at trial, and his petition to the Supreme Court cited the wrong grounds, leading the high court to reject it.
“There is no doubt, however, that the prosecutor’s question never should have been posed,” Sotomayor said. “Such argumentation is an affront to the Constitution’s guarantee of equal protection of the laws. And by threatening to cultivate bias in the jury, it equally offends the defendant’s right to an impartial jury.”
She added: “By suggesting that race should play a role in establishing a defendant’s criminal intent, the prosecutor here tapped a deep and sorry vein of racial prejudice that has run through the history of criminal justice in our nation. … It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dignity of our criminal justice system and undermines respect for the rule of law. We expect the government to seek justice, not to fan the flames of fear and prejudice.”
Copyright 2013 United Press International, Inc. (UPI).
Blacks caught a lucky break when Lincoln got shot, he was going deport them. Mexicans should shut up to, we remember what they done to Davey Crocket.
PW, read your history. A lot of hispanics died fighting beside Crocket for the same cause. BTW, tomorrow is March 6 – Remember the Alamo!
Wow! Real intelligent exchange of ideas going on here!
@guess – If you are posting to share thoughts and feelings, than thank you. But if you are just posting to cause problems and antagonize people, then there are chat rooms that cater to that kind of dialogue. While many people do not like what people say here, or even approve of it, I like to feel that the reasons people post have a rational purpose. Thanks again.
guess i was wrong
February 26, 2013 at 9:20 pm
@Joao – Nice to find someone sensible and objective on here. It seems I rather upset memy and anon. It’s sad to say, but I sometimes wonder how boring this site would be without their emotional outbursts. I wish they would realize that just because they don’t like something, doesn’t mean it’s wrong. And when they are wrong, that they wouldn’t get so angry
Really? Appears YOU 1st slung insults and called me sanctumonious and said my parents should have killed me. (wow. Is that being calm???!) All I did was give an opinion on the meaning of free speech. You should practice what you preach. I’m not angry. That’s your perception. I don’t let strange people pss me off. You’re not worth the effort. I was just excercising my right to free speach. Got a problem with that? You claim we have a right to say what we please. Appears you can dish it out but not take it.
@memy – You are one big hot button that I just love to push. And your rantings are getting to be the high point of my day. Thank you.
You are what’s commonly known as a “dipstick.”
@anon – You are what’s commonly known as a “retard.”
Too bad the court is so PC. Most drug dealers are hispanic and black, too bad its true but it is. So whats the problem, it was a good question.
And most customers / users are white. Your point is????
Ok you asked me my point is when ever you see blacks and mexs in a room with a bag of money theres probably nothing good going on thats my point yes.Nothing wrong with what them judges asked.
Sounds like you just get jealous when a black or Mexican has more money than your white trash arse.
@guess yes I know what the limits of free speech are. But if you don’t know the guidelines you’re dumber than a box of rocks. Your interpretation of my post doesn’t make you right. A chicken shit like you only has balls when they sit on them at a computer and try to sound intelligent. HA!
guess i was wrong
February 26, 2013 at 4:18 pm
@memy – Not quite sure what planet you have been living on, but that is exactly the right that free speech gives us. To say what we think. To say what we feel. That was why that right was put in the constitution in the first place. To keep people like you from using your santimonious likes and dislikes from stepping on the rights of other people. Our constitution was written to protect us from people like you.
@anonymous – Your parents should have flushed you down the toilet 20 seconds after you were born
Well then KISS MY ASS!
And I thought our constitution guaranteed us free speech. Silly me.
Free speech applys to speaking out against the government without retribution. Doesn’t give people the right to be racist,rude, judgemental, disrespectful etc.. Having an opinion is one thing and name calling another.
@memy – Not quite sure what planet you have been living on, but that is exactly the right that free speech gives us. To say what we think. To say what we feel. That was why that right was put in the constitution in the first place. To keep people like you from using your santimonious likes and dislikes from stepping on the rights of other people. Our constitution was written to protect us from people like you.
@anonymous – Your parents should have flushed you down the toilet 20 seconds after you were born.
“Free speech applys to speaking out against the government without retribution. Doesn’t give people the right to be racist,rude, judgemental, disrespectful etc..”
Free speech even applys to racist, rude and disrespectful speech (e.g. KKK). What it doesn’t do is force you to listen or approve.
“Feel free to exercise your free speech rights by going into your bosses office and calling him every racist name you can think of!”
You can still do it, just be aware that your comments may have a negative inpact on your earning potential.
Feel free to exercise your free speech rights by going into your bosses office and calling him every racist name you can think of!
guess would be dumb enough to try that. Oh wait maybe not. He/she’s a chicken shit with no balls. He/she would be more apt to talk behind people’s back instead of discussing a problem in an adult respectful way.
@guess I was wrong, now now don’t get so upset. You have the right to say anything you want but that doesn’t mean you will suffer no consequences.
Be a man and say what you want just don’t expect the constitution to save your ass.
@Joao – Nice to find someone sensible and objective on here. It seems I rather upset memy and anon. It’s sad to say, but I sometimes wonder how boring this site would be without their emotional outbursts. I wish they would realize that just because they don’t like something, doesn’t mean it’s wrong. And when they are wrong, that they wouldn’t get so angry.
@guess i was wrong you are to funny joao said the same thing I did. You can say anything you want but the first amendment won’t stop you from being fired or knocked on your ass. So feel free, nothing you say upsets me here. Now if you had said something rude to my face I might decide to punch you in the face and go to jail.
@anon – I’ll just repeat what I have already said. Your parents should have flushed you down the toilet 20 seconds after you were born. Along with the rest of the waste.
@Guess say it all you want here because I know you aren’t man enough to say it to anyone’s face. Don’t worry though when some bully is doing it to you hopefully there will be a real man around to stick up for you.
@anon – And I see you sign your blogs “anonymous” because you’re such a “real man”. A legend in your own mind. Tell me, do you leap tall buildings in a single bound, also?
@Guess No tough guy here I just don’t let bully’s push me around. I was taught to respect another man unless you want trouble. BTW I’am not the only annonymous The dipstick comment must be one of your other fans.
Silly me???? That is a trademark statement of another newspaper’s editor. Could you be JS? or just BS? :}
@another brick-are you sure you are not Peter L? You sure sound like that druggy.
Of course, anyone with any concept of compassion and reason must be some “worthless druggy”.
At some point you must check your hate before you check out mate.
@anotherbrick-never heard of a tweaker with compassion.
Have you ever drank alcohol? If you have you’re a “druggy”. Alcohol is the most toxic drug. And it’s legal! Sad isn’t it. I’d rather know a pot smoker than a drunk.
@brick-who the hell are you trying to convince. Pot is ILLEGAL. If you don’t like the law, change it. If you don’t want to do that shut up about it.
“Pot is ILLEGAL” this is just a
technicality. only ignorant people think drinking is better or safer simply because its legal. wait a minute here. drunk driving is ILLEGAL. why is it ILLEGAL if drinking is legal. for the same reason people can smoke in the gambling establishments. because the government makes money off the stuff. PERIOD
@50 miles-who said anything about alcohol. Last I heard it was legal to drink alcohol but NOT to smoke pot. Not even in the same ball park
“Horrific deplorable violence is okay as long as no-one says any bad words.”
Also
“Drugs are bad M’kay!”
The black man using mari-jub-wana was committing a horrific deplorable act that was causing extreme violence. Prohibition had nothing to do with it and that’s my story and I’m stinking to it.
We are appalled and offended! It’s racist and wrong!
Er…but it’s drugs and so there are no civil rights son…
This here’s a GOP court son…