Archive: Opinions

We've heard lately of 'above the law', a 'nation of laws' and the 'rule of law', and other such phrases alluding to our founding principles as well as referencing our current national mess, and I decided that I could take these ideas and use them to address some things much closer to home. Bringing the 'swamp wars' home, so to speak.

As you have probably read, County Judge John Rowley decided on his own authority to drop the remaining charges (misdemeanors, by the way, not felonies) that the duly elected District Attorney had preferred upon Rose DeGroat.

The particulars of this case seemed to drag on for a while, the essence being that the altercation and short-lived mob scene on the Commons (evidently presaged by alcohol usage and verbal abuse) needed to be broken up by Ithaca police, who spent a great deal of the subsequent weeks defending their actions as paid protectors of the Ithaca peace.

Conflicting evidence, conflicting statements and video of the altercation contradicted all sides and the mayor, in his prevailing wisdom (also known as non-support of the police force) made inflammatory statements implying that the police officers involved had 'overreacted' and were 'insensitive', even going so far as to apologize to those who were arrested, prior to any legitimate judicial findings.

Vocal and sometimes rude demonstrations occurred at various public venues, accusations of unfair treatment and charges of racism were bandied about, no doubt encouraged by public statements of the mayor and certain Common Council members, while IPD (seven years without a contract and counting, mind you) stood silently by, taking it on the chin, so to speak, as cops often do in this upside-down town and country.

Finally, a hundred or so demonstrators, complete with signs, white paint (or was it chalk?) and bull horn were allowed (by no formal discouragement, or, heaven forbid, a permit to demonstrate on city streets) to block Tioga Street, paint crime scene outlines of bodies on the pavement, and generally make sure that court and county employees would be inconvenienced, at the least, intimidated perhaps, by the yelling and outbursts. Let's make sure the shouting and anger is heard by the judge and others inside the courthouse, OK?

So, what does Judge Rowley do? He caves, and claims he has the right (probably does, in this upside down version of New York justice) to drop the charges that the District Attorney wished to pursue. Maybe the judge has the right to do this, but I would like to claim that he stretched and poked his judicial 'right' into the nose of the people's representative, also duly elected to pursue justice, the District Attorney. On the wall of our courtroom is a simple sign that delineates the business of the court: "The People vs. ________" and the judge conveniently ignored this prime directive of the American judicial code and system.

Remember, the DA represents the people in the collective sense. The judge seems, in my humble opinion, to have found a way to parody the recent cover of the magazine "The Week", where Donald Trump is crossing out the word "We" in the preamble "... the people", and penning in "Me... the people". when he arbitrarily dropped the charges, ignoring the right of the people to decide guilt or innocence by jury if so requested, instead of giving in to a crowd of demonstrators and 'popular' opinion as the judge perceives it.

Judge Rowley stated that there was contradictory evidence, that video did not prove anything, and that DeGroat could be exonerated. May I respectfully point out that EVERY trial has "contradictory evidence", including the recent trial where a sheriff's deputy and state evidence-turning accomplice were acquitted of drugging and raping a local woman. Contradictory evidence, indeed. That's a jury's job, not a lone wolf judge.

Excuse me, but I thought 'the people' were supposed to decide these things, in a trial, if so requested by the citizen, presumed innocent until proven guilty. That's what 'The people vs. ____' means, not an unruly and perhaps threatening crowd outside a courthouse.

This was a blatant and potentially (probably?) political directive, and negated, once again, a sense of justice on the part of the public who feel, at least in our part of the world, a deteriorating sense, or lack of, a 'rule of law'.

Examples of this? The mayor of Ithaca telling police to ignore small amounts of marijuana possession, which possession is still a misdemeanor in New York state. How about the mayor and Common Council telling police agencies not to cooperate with federal immigration authorities, in violation of another set of laws they disagree with/dislike. And, of course, if you're a motorist or pedestrian in downtown Ithaca, you seem to be taking your life in hand with almost no traffic enforcement, red light running, no speed enforcement in residential or commercial areas, not to mention the refusal to enforce common sense bicycle regulations.

All small things, but they add up, of course. All things which seem to be coming from elected representatives in the executive, legislative and judicial sectors of our local government, both city and county, hometown recognition, if you wish, who say that if they disagree with a certain rule or law, they can ignore it, or even make their own version of law, regardless of the common weal or the safety of the community, as they perceive a community to be those who 'think alike'. And especially when disrespect of the law translates into a public disrespect for those who are expected to enforce said laws.

And, just to be fair, in my assessment: Where were the crowds of supporters for the woman who was drugged and raped, and the deputy acquitted, his accomplice going home with charges dropped? Yes, it was a jury trial, but I would have expected a ton of supporters for the victim. After all, this is the 'Me Too' era, and those supporters show up in other venues if it suits their political agenda. Did that poor local victim get a crowd shouting for justice outside the Tompkins County courthouse?

There's a popular story in American history that when General Cornwallis surrendered to George Washington's troops at Yorktown in 1781, that weeping British troops turned in their arms in a pile while marching to their fife and drum corps playing "The World Turned Upside Down" which was a popular ditty at the time, and frequently played by marching bands. Some historians dispute the story as apocryphal, and it may be.

But, as I write this column and watch so-called 'justice' hang her mythical head in shame, in our part of the world, I hear the tune "World Turned Upside Down' as a wake-up call, or perhaps a dirge. You see, I happen to look at the above disruption of perception of justice and fairness in addition to the increasing perceptions of 'unsafe' with increasing reports of gunfire in the city of Ithaca, lack of drug busts and enforcement when it is obvious that the city and its campuses are overrun by cocaine, heroin and other opioids, and a general description of local 'corruption'. Corruption is not a 'high crime' as perceived, such as embezzlement, it's not a thing that grabs headlines. Corruption is a feeling of rot, of disruption of a belief in 'the system', a loss of faith in justice and a sense of diminishing fairness. A loss of belief in 'equality under the law' is an underlying genesis of corruption of the common weal. It's pervasive, it's national, but it starts here.

And, when a mayor, a judge, or other elected officials (and, yes, underpaid and disrespected cops) disappoint citizens in their arbitrary decisions about the law (whose law, we ask?) then the atrophy becomes apparent, and our society begins to smell. Badly. As our friends in organized crime say: "A fish rots from the head down..." and surely we need to look at some of our local 'leaders' as well as many of our national 'leaders'. Ask ourselves if we really think they are representing 'the people'. For Washington's got nothing on us in this small part of the world in the realm of deciding who 'We, the people' really is. And, I'm reminded of Randy Newman's words, in another context, but applicable: "I'm looking at the river, but I'm thinking of the sea."

N.B. There's a delicious (and improbable) rumor that the 'whistle blower' in the Ukraine/White House phone call was none other than John Bolton. Again, a curious case of 'living in interesting times', when John Bolton, bless his mustachioed countenance, can be ostracized as a 'bomb thrower' and Eric (?) Snowden lionized as a 'hero'. The world turned upside down, indeed.