Racial Profiling, or Why Joe Arpaio Would Have Locked Me Up

I am not, in any way, a fan of Joe Arpaio's pardon.  The former Sheriff of Maricopa County, Arizona (which includes Phoenix) was a racist power-mad S.o.B.  (I know, I know, I should tell you how I really feel.)

Arpaio apparently believed that anyone Hispanic - or looked Hispanic - had to be illegal (NOTE: they're not.)  Arpaio and his deputies specifically targeted people with brown skin, and would simply pull over people who looked Hispanic.  "About a fifth of traffic stops, most of which involved Latino drivers, violated Fourth Amendment prohibitions against unreasonable seizures. "

Maricopa Co. Jail -
Tent City

It is important to remember that Arpaio ran a jail, not a prison. Nonetheless, Arpaio referred to his jail as a concentration camp, and called all detainees (60% of whom had only been arrested, and had not yet arraigned, tried, or convicted) criminals.

NOTE:  Coffin v. United States 1895 established "presumption of innocence" as the bedrock of our criminal justice system.  But not, apparently, in Maricopa County.

Sheriff Arpaio dressed his detainees in black-and-white striped uniforms and pink underwear because it gave him a good laugh.  He fed the prisoners rotten food - green bologna was a favorite - because they didn't deserve any better. He housed detainees outdoors, under Army-surplus tents, without any cooling measures and inadequate water - the temperatures in the tents could easily reach 140 degrees. “I put them up next to the dump, the dog pound, the waste-disposal plant.” Sheriff’s department officers punished Latino inmates who had difficulty understanding orders in English by locking down their pods, putting them in solitary confinement, and refusing to replace their soiled sheets and clothes. The investigation found that sheriff’s department officers addressed Latino inmates as “wetbacks,” “Mexican bitches,” “f***ing Mexicans,” and “stupid Mexicans.”   (The New Yorker)

But wait, there's more!  Arpaio was a real piece of work. He was (and is) one of the most prominent and persistent "birthers" around, to the point where he used Maricopa County funds to send a 5 man deputy squad to Hawaii to investigate then-President Obama's birth certificate.  He set up a fake assassination attempt to boost his reelection.  He tried to get a grand jury to indict a number of Maricopa County judges, supervisors, and employees.  (The grand jury rejected all the claims.)  His office improperly cleared - i.e., claimed to have solved - up to 75% of cases without investigations or arrests, and simply ignored hundreds of rape cases.  He claimed that he lacked enough detectives to do the job - and when he was given $600,000 for more detectives, none were hired and the money vanished.  Along with almost $100 million of Maricopa funds.  (See https://en.wikipedia.org/wiki/Joe_Arpaio, and The Atlantic)

But wait, there's more!  Back in 1995, a wheelchair-bound paraplegic named Richard Post needed help to urinate; well, that was asking too much, so the jailers strapped him into a restraint chair, tightened the straps as tight as they would go, and left him there for six hours. And broke his neck. In case you're wondering, he'd been arrested for possession of a joint.  And no, he hadn't even been tried yet.  Presumption of innocence...  And no, this wasn't the only mauling, maiming, and even death that occurred under Arpaio's rule, in Arpaio's jail, where, remember, over 60% of his "criminals" were simply awaiting trial, often stuck because they couldn't afford cash bail. (Phoenix New Times)

What finally began the end of Arpaio's career was when a Mexican man holding a "valid tourist's visa" was stopped in Maricopa County, arrested, and detained for 9 hours in 2007. The man sued Arpaio and the Maricopa County Sheriff's Office, alleging racial profiling. Four years later, in December, 2011, a federal judge in Phoenix ordered Arpaio to stop detaining anyone not suspected of a state or federal crime, reminding him that simply being in the U.S. illegally is not a crime, only a civil violation. Arpaio's response was to let everyone know that after "they went after me, we arrested 500 more just for spite." He was voted out of office in November of 2016.  He was finally convicted July 31, 2017, of criminal contempt of court. He was pardoned by President Trump August 25, 2017, before he was even officially sentenced.

Okay.  So what do I care?  Aside from the multiple violations of basic human rights, the United States legal system, and the United States Constitution?

After all, I'm not black.  I'm not Hispanic.  I'm not Jewish.  I'm not Native American.  However, I've been mistaken for all of these.  I'm 100% Greek, born there, orphaned there, adopted from there.  (All right, my genome, according to National Geographic, is 50% Greek, 25% Tuscan Italian, and 25% Northern Asian Indian.)

But I know something that blonds don't know.  I learned, very young, that WASP Americans - even those who aren't racist / bigots - are very ignorant of the possibilities of ethnic differences in a group of people who all have brown eyes, black hair, and a slightly darker shade of skin.  To many WASPS, we all look alike.

I was shipped to this country when I was 2 1/2 years old - here's a picture of me from the orphanage. That curly hair, those big dark eyes, led some people in our Arlington, VA world to assume that my parents had (for reasons passing understanding) adopted a child who might have "a touch of the tar brush" as it was so politely put back in the 1950's.  There were also whispers about me in my grandmother's small town in Kentucky. Nothing overt.  Just whispers, enough so that I was aware, early on, that not everyone was as pleased to have me around as my parents and grandparents.

Since then, I've had the privilege of explaining who I am, i.e., where I'm from, to an endless stream of people.  When I travel internationally, I'm the one taken aside for questioning.  I have a passport that says I was born in Athens, Greece, for one thing, and that makes people wonder.  It's only gotten worse since 9/11, and I have had long chats with uniformed personnel in many an airport.  The one exception is Athens, Greece, where the guy looked at my passport and waved me through without even a baggage check.

"Συνεχίστε!" "ευχαριστώ!"  ("Go on through!" "Thanks!")

But even when I don't have to have a passport, such as crossing the border into Canada - and they are always very polite - I'm the one who has to get out of the car and talk directly to the border guard so that s/he can make sure I'm not...  someone else...  something else...  That I really am "American".

I don't mind that.  Well, I do mind, but I can live with it.  But there's more.

In 1960 we moved from Arlington, VA to southern California.  In the '60s, when the California image was blonde, tan, and thin.  I had the tan.

NOTE:  It's all right - I figured if you can't join 'em, beat 'em, and (in the world of mini-skirts and gogo boots) came to school wearing my grandmother's 1930's suits (see illustrations on the right) and an armload of books.  If you're going to stand out, stand out with style.

Moved down South.

A little profiling, here and there.  A  a lot of, "Greece?" said by someone with an extremely puzzled face.  And some other things, like the time a KKK type followed me through the stacks in the public library saying "oink, oink", "Jew pig", "Jew bitch", etc.

And then we came to South Dakota, where I have been taken for Native American.  In a small town West River, my husband and I stopped late one summer night to get a motel room.  Back then, I had long hair, down to my waist, and, since it was summer, a pretty good tan.  I was told they had no vacancies.  I went back to the car and we sat (windows open) to figure out where the next closest town was, and another car pulled up.  A nice blond man got out, went in - I could hear the entire conversation - asked if they had a room, and was told "Yes, sir.  Sign right here." I told some friends about it, and they said, "Oh, yeah.  They're pretty racist up there."

And more.

Now all this happened, but not daily.  (Well, not since my school days - no, you could not pay me enough money to be a child again.)  Just often enough to give me a hint of what it must be like to be truly a minority in this country.  But I'm still officially white, part of the white majority, and I do have privileges. There are all sorts of things I can do without getting arrested, or even stopped by the police:

• I can change lanes without signaling.
• I can walk around the neighborhood wearing a hoodie.
• I can reach for my car registration and proof of insurance in the glove compartment.
• I can stand on a street corner, looking confused and anxious.
• I can forget my keys and use a coat hanger to get into my locked car.  Or open a window to get into my locked house. 
• I can sit on my front porch and watch whatever street show's on offer.  I can even talk to people on the street or make comments to my husband about what's going on.  
• I can stand in an alley with a group of friends. 
• I can talk on a cell phone. 
• I can, and have, driven around with a broken tail light, and for a while, without a front license plate (which wasn't required in the South). 
• (NOTE:  In the last few years, people have been stopped, arrested, jailed, and even killed for doing each and every one of these things in the United States of America.)  

(Wikipedia)

But, for me, any and all of the above would have been risky behavior in Maricopa County under Joe Arpaio.  Maybe not for you, but for me.  Because of how I look.  

Pardon Joe Arpaio?  I wouldn't have, but what's worse is that he was convicted and then pardoned for a misdemeanor.

Did I mention his "special forces" that led a botched raid in which they firebombed a home to ashes and burned a puppy alive?  (See here.)  And found nothing?

Did I mention that Joe Arpaio was/is one of the founders of the The Constitutional Sheriffs and Peace Officers Association (CSPOA, for short) that believes that sheriffs are "the highest executive authority in a county and therefore constitutionally empowered to be able to keep federal agents out of the county"? And, as such, are not responsible to any federal law, agent, or judge? (See CSPOA and/or Southern Poverty Law Center on the movement.)

After all of that, a misdemeanor?  Unpardoned, the most he would have served would have been six months, maximum, and - sadly, tragically - it wouldn't have been in the Arpaio Maricopa County Jail.

Pardon him?  I sure as hell wouldn't have.  But then, I have skin in the game.
PS - Next week, back to quacks, radium and murder.

Duping Delight

“He lied for pleasure,” Fuselier said— Supervisory Special Agent Dwayne Fuselier, a clinical psychologist and an FBI investigator.
In this case, he was talking about Eric Harris of Columbine notoriety. But millions of people who aren’t mass murderers also lie for pleasure. They tread beyond compulsive, they go beyond obsessive– they lie for enjoyment, gratification, and amusement.

Psychologist Paul Ekman says lying represents a key characteristic of the psychopathic profile. He calls it ‘duping delight’.

It’s rare for the average person to get to know a criminal mind. I’m not talking about the desperate committer of crimes or those who’ve lost their way, but people who deliberately set out to steal or defraud for no other reason than they wish to.

Oddly enough, most fraudsters I’ve personally known have been disbarred lawyers. Truly. Wait, I’m not picking on lawyers as a class nor am I providing fodder for lawyer jokes– we can do that another time if my friend Dale turns a blind eye. But for unexplained reasons that seem beyond coincidence, the major swindlers I’ve encountered have been former attorneys and one a former judge. They all hail from Florida as well, formerly a haven for con artists and scammers selling underwater parcels of land.

My friend Sharon sent me an Orlando Sentinel article titled “Husband of disbarred attorney sues her, alleging fraud, forgery.” Strange as that sounds, it barely hints at the machinations involved… you’ve got to read the article.

It put me in mind of another lawyer whom I’ll call Dr. Bob Black.

Judge Not Lest… an opinion piece

I met ‘Dr. Black’ at a local college campus. We chatted between breaks. He failed to let on he’d been disbarred, although he mentioned numerous times he’d been a judge. He shared he was raised in financial comfort and had been well educated. His relationship with his parents, especially Bob Sr, sounded complex and later left me wondering about the residual effects.

Black had bought a minor mansion in an Orlando historical district. He’d gutted it and was in the process of slicing its interior into small apartments when the Historical Society called a halt, pointing out that ruining a historical building and establishing multi-family residences in a single-family zone was forbidden. Unfazed, Black put it up for sale, advertising it as partially converted to apartments but possibly not mentioning the legal stumbling blocks.

At the time of his real estate ventures, Bob was also hawking a computer he called the Macintosh XLS. I recognized the machine as an Apple Lisa, the forerunner to the Mac, although Black claimed it was not a Lisa but a super-advanced product that outclassed other computers— especially its price of $10 000, about five times the price of a Mac at the time.

A little research showed he was buying refurbished units from a company in Shreveport, bundling them with freeware and shareware, and offering training worth “thousands of dollars.” As it happened, he was paying less than $40 for adult classes at Winter Park Tech where my friend Geri taught. Geri found herself with more than one of his victims in her classes, including one man whose wife was dying of cancer and was barely holding together emotionally.

The Scheme

Black was buying outdated, refurbished computers for a few hundred dollars, adding freeware (free software) and $40 worth of classes, and then selling them as high-end products to the unsuspecting.

Dr. Black was a snappy dresser. Even at casual gatherings he wore suits, and under his suits he wore sweater vests, not a common sight in Florida.

He liked talking to me, even when I’d call him on some of his shenanigans. When I asked barbed questions, he showed a politely bland face, no anger or irritation at all. I wondered if he masked his feelings or felt nothing at all. Did he choose me just to have one person to talk to?

He claimed to have been a judge, and apparently that was true. The ‘Dr’ part he tacked onto his name– He liked the sound of it. Beyond the connotation of ‘juris’, it had no more meaning than the ‘Dr’ in Dr. Pepper.

Judgment-Proof

Black confided he was ‘judgment-proof’ and explained he maintained real property in his wife’s name and kept all his other assets offshore. The topic of disbarment didn’t disturb him… he simply acted as if he didn’t hear those questions, although once he hinted at a political misunderstanding.

One of his controlling peculiarities was to arrange meetings with clients at odd minutes on the clock, say 9:42 or 10:13. Black claimed he was too tightly scheduled to waste appointments on the half or quarter hour.

His attitude toward ripping off people was entirely incomprehensible to most observers. Black exhibited zero contrition but especially no shame whatsoever. He displayed a bullying arrogance toward anyone he could. He may have fancied himself superior to lesser people; others were merely ants that he righteously stepped on if they got in his way. Bob seemed to typify a sociopath in every sense of the word.

The Detective and the Reporter

A pair of related calls came in on my consulting line. Geri had referred one caller, a former New York City homicide detective who’d been defrauded by Black. The other was from our local WCPX star consumer crusader, Ellen MacFarlane. The detective happened to know Ellen’s mother, a NYC judge, and her sister, a force within the New York Department of Consumer Affairs. They asked me if I would provide technical knowledge for an exposé of Dr. Bob Black.

Ellen suffered from multiple sclerosis, but she was a fighter. I sat in on the interviews, sometimes feeding her questions. Black’s strategy was to answer no question directly. If she asked him about reselling obsolete equipment, he would respond with a rambling discourse on Steve Jobs, Reaganomics, and local gardening regulations. He exhausted the lady, but Ellen managed to air the segment.

The detective wasn’t done. He sued Black and called me as a witness.

We sat waiting for Black in the judge’s chambers. At nearly half-past the hour, the phone rang. The judge put it on speaker phone: A whimpering Black claimed he was deathly ill.

The judge said, “Frankly, Mr. Black, you don’t have much credibility around this court. However, I’ll continue this case if you get a doctor’s note to me within three days.”

Upon my return to court, I bumped into Black. He always acted polite to me and he did so this time, impervious to my cool nod. This time, the parties indicated they were considering a settlement. I wasn’t called to court again so I don’t know what, if any, judgment or restitution was involved.

To say Black was a scoundrel or a rascal is to diminish the impact he had on others. The Yiddish word ‘gonif’ comes close, implying a thief and a cheat.

Most of us would like to leave the world a better place. Besides social currency, reputation is a reflection of future self, the part that remains after we’re gone. We can’t all be great authors, musicians, artists, nurses, and teachers, but we can be good people. People who don’t care are alien to the rest of us.

I’ll bracket this article with “in my opinion,” but Black made a living from cheating people. He could argue he gave naïve people what they asked for (“They should have done their homework”) and what he promised (“So what if I sold them free software and who’s to say the $40 course isn’t worth thousands”).

For all that, my greatest astonishment centered around his lack of shame. I used to attend LegalSIG, a special interest group run by a local law firm concerning matters of business and law. Black would attend, showing no chagrin, no humiliation, not the least discomfort. Most people would not put themselves through such mortification, but Black felt no discomposure. He was internally ‘judgement-proof’ emotionally as well as financially.

Friends asked why ‘Black’ singled me out to talk. Partly, people found it easy to chat with me, even confide, but also I could listen without hating him, which I suspect many of his colleagues and victims must have done. From him, of course, I heard only fragments of his exploits. He never mentioned the word ‘victims’, but hinted those who’d fallen for his schemes were weak-minded. He sometimes suggested when his prey rose up, they were unfairly trying to victimize him for being the more clever.

I can’t read a mind like his, but I began to suspect that if he dealt with emotions at all, he might have felt no wrong. He might even have believed himself entitled, that he had the right to exploit lesser humans, those who could not harm others. If so, I feel sorry for him. But I'll never know for sure.

Profiled

I love those mysteries where a police chief hands over the podium to a serious-looking individual who states as a serial killer profiler, he is certain the perpetrator is a male with problems with authority. He lives with his divorced mother and has abandonment issues. He has difficulties with the opposite sex and hates to get his hands dirty, except when he is strangling his victims. This information is usually attributed to careful attention to detail and years of profiling studies. In the mystery novel, the profiler may claim some odious characteristic which is not true simply to force the culprit to become angry enough to strike out and fall into a police setup trap to catch him in the act, but before another death occurs.

If a person could be described by his collection of reading material, I could be on a serious list or even verified as threat to national security due to the trips to websites concerning methods of criminal activity and how they could be apprehended.

Remember when someone in the Casey Anthony household had searched for information on chloroform on the Internet? I'm not claiming it was or was not an innocent search, but writers delve into that territory all the time. It doesn't make us purchase such items or use them, but the information could color our profiles in a not so nice shade of suspectability.

Most of us have a public profile these days. It lurks on Facebook, LinkedIn, MySpace and Classmates.com not to mention all those places we make purchases online. Oh yes, we have a customer profile there, too.

Hopefully, none of the readership here have a police profile. Still, we need to be aware if the amount of information others can easily obtain about us in 2012. Keeping our privacy intact has never been more difficult than in the Age of Information.

I own the complete works of Sir Arthur Conan Doyle concerning Sherlock Holmes. I have a copy of Thomas Harris' Silence of the Lambs. The serial killer profiling expert, John Douglas, has written many nonfiction books in his work for the FBI. I own several although it terrifies me to know these are true accounts.

I treasure the cosies written by Barbara Burnett Smith and Agatha Christie as much as the hard-boiled exploits of characters created by Raymond Chandler and Mickey Spillane. If a profiler attempted to evaluate my behavioral tendencies by what I read, would I be in trouble?

Like many readers, I am a fan of mysteries whether they are short stories, novel length or true crime exposes. My book shelves contain a bevy of titles from well-known and not-so-well-known authors.

Even Sherlock Holmes may be shaken by a few of our reading choices. Do our e-readers prove we are morbid if we relish Edgar Allen Poe? Easily amused by chicklit? Love to scare ourselves senseless with Dean Koontz?

Do we buy into the profiler's listings for a criminal? Absolutely. Why? Because it is a proven fact that they are usually right on the money.

This is why the television programs, "Psych" and "The Mentalist" are so popular. Like in a Sherlockian tale, the evidence is there, but most of us don't notice what's in front of our face. We aren't observant. We need a good detective to point out the facts.

As the profiler lists the quirks of a serial killer, aren't we a bit slapped in the face to realize the man being led away in handcuffs wasn't really the nice, old guy who took care of his mother as much as the weird guy who had never had a real girlfriend and still lived with his mother.

If we used better observation skills, we'd discover the true murderer in a detective novel before the author intended and we just might live in a safer world.