CASE STUDY: Omaha, Nebraska

Omaha, Nebraska is one of the most perpetually racist cities in the United States.

How bad is "it" in Nebraska? If every U.S. State were a country Nebraska (population of 1.9 million) is ranked #33 in the world (below) and incarcerates more people per 100,000 than Florida (population of 22.6 million), which is ranked #39 in the world (below)!

TO ENLARGE, CLICK ABOVE IMAGE

 

FOR MORE INFORMATION, CLICK ABOVE IMAGE

An excellent attorney in Nebraska, Timothy Ashford has frequently encountered the well-documented practice of "elite," politically powerful and affluent White people, especially White men, strategically cherry-picking and orchestrating the removal or redefinition of every law they unilaterally deem unnecessary, problematic, or an annoyance to their desired outcomes - the conviction of Black defendants and without regard to "case law" or evidence or common sense.

In summary, the State of Nebraska's lily-White-owned and lily-White-controlled judiciary has established:

1. Qualified Black attorneys cannot, will not be appointed in Douglas County to represent poor people, especially Black people, in murder cases; and

2. An objective and independent third-party review of Douglas County law enforcement and judiciary cannot, will not occur despite the well-documented bias perpetually demonstrated against people of color and poor people by Douglas County's judiciary and law enforcement.

A statute was created by former Nebraska State Senator Sen. Ernie Chambers to appoint a special prosecutor whenever "anyone," not just Black people, but when "anyone" dies in police custody.

When Sen. Chambers was forced out of the Nebraska Legislature due to term limits, Douglas County District Attorney, Don Kleine had the statute changed to appoint his office instead of an outside special prosecutor.

Douglas County Attorney Don Kleine changed the language from statute created by Sen. Chambers:

(b) Except as provided in subdivision (d) of this subsection, as soon as practicable, the court shall appoint a special prosecutor who has had at least five years experience criminal litigation, including felony litigation. The special prosecutor shall select a team of three peace officers, trained to investigate homicides, from jurisdictions outside the jurisdiction where the death occurred. The team shall examine all evidence concerning the cause of death and present the findings of its investigation to the special prosecutor; Kleine changed it to this language: (b) The county attorney or a member of his or her staff shall be the prosecuting attorney. Except as provided in subdivision (d) of this subsection, the prosecuting attorney shall, as soon as practicable, select a team of three peace officers trained to investigate homicides. At least two of such investigators shall be from agencies other than the agency under which the death occurred. The team shall examine all evidence concerning the cause of death and present the findings of its investigation to the prosecuting attorney.

Bottom line, district attorneys, who are overwhemingly White and male, "know" they essentially operate with impunity, because they unilaterally define if, and who, what, when, and where to charge a defendant. District attorneys "know" the overwhelming majority of defendants lack the financial resources, expertise, or time to establish a proper defense; and they "know" the appeals process is even more expensive, and alarmingly, appeals might take years even decades to even secure a review, not necessarily a trial before a judge and/or jury. Again, district attorneys, who are overwhemingly White and male, "know" they essentially operate with impunity.

In Nebraska, the "legal atmosphere" where Attorney Timothy Ashford practices law was solidly established back in 1919! "Elite," politically powerful and affluent White people in Nebraska are so brazen in their blatant indifference, contempt, and condescending attitude toward Black people that they "allowed" the beating, stabbing, shooting, hanging, burning and murder of Will Brown on September 28, 1919. In the wake of the "benefits" of slavery, how exactly did the event pictured below "benefit" Black people living in Omaha, Nebraska?

This is "case law" for how to get away with murder in Nebraska!

"Elite," politically powerful and affluent citizens of Omaha
and their subordinate lackeys literally dragged Will Brown's
body all over downtown Omaha as they beat, stabbed, shot,
hung, burned . . . murdered Will Brown!

Henry Fonda watched the murder of Will Brown.

Let’s not forget that, prior to becoming a legendary, Academy Award® winning actor, 14-year old Henry Fonda (father of Jane Fonda and Peter Fonda) watched as a Black man, Will Brown, was beaten, then lynched, then shot, and then burned to death in the center of downtown Omaha, Nebraska on September 28, 1919.

After supper, [my dad] put me in the car with him and we drove back downtown [to the printing office]. And it was very unusual for me — for my dad to be taking me at my age and turning lights on and unlocking doors and going up the stairs. It’s not like doing it in the daytime. I remember those physical things, and walking across this empty office to a window that overlooked the courthouse square. This was where the riot was happening. My father never talked about it. He never preached about it. We both just were observers. […] It was the most horrendous sight I’d ever seen. […] My hands were wet and there were tears in my eyes. All I could think of was that young black man dangling at the end of a rope. Henry Fonda

Henry Fonda May 16, 1905 to August 12, 1982

Click poster above to watch movie Three men wrongly acused of stealing cattle are lynched in "The Ox-Bow Incident." Henry Fonda cited his performance in the film was heavily influenced by his first-hand account from having watched the "live" hanging of Will Brown.

Source: https://www.rogerebert.com/features/turning-on-the-light-henry-fonda-and-will-brown

Source: http://www.nebraskastudies.org/1900-1924/racial-tensions/a-horrible-lynching/

Keep in mind, in Florida, Nebraska, and throughout the history of the United States, it's always been "open season" to beat and kill Black people!
Obviously, many photos were taken of this . . . atrocity, but although 120 or more White people were indicted for involvement in the beating, stabbing, shooting, hanging, burning and murder of Will Brown, not one person was successfully prosecuted, and all White people were eventually released after serving no term of imprisonment. There's no statute of limitations on murder. Facial recognition technology can be reconciled with school yearbooks and photographs from other sources, plus the original investigative records, to identify many of the White people in these photographs, and subsequently validate involvement in the murder of Will Brown. But such "justice" has NEVER been on the overtly discretionary agenda of any prosecutors in Omaha's Douglas County - all have been White and male. Why hasn't a coalition of Black attorneys scared the sh** out of White-controlled law enforcement and judiciary with a plethora of law suits and by digging up archival dirt on the murder of Will Brown - just like they did to Donald Trump, Bill Cosby, etc.?
Again, I'm not an attorney, but let me explain the "Big Picture" of how "case law" actually works: you can either "react" to case law, or establish "case law." Are Black attorneys too scared, or too indifferent, or too lazy or lack ingenuity to successfully poke the bear (social injustice and inequality)?

What is the "legacy" of Will Brown in Omaha, Nebraska?

1867 - Present "Elite," politically powerful and affluent White people have consistently been in complete control of the formal education of Black students in Nebraska since statehood was granted on March 1, 1867, but under their rule the educational performance of Black students has never equaled the performance of White students. Over 50% of Black males fail to graduate from high school, while White controlled public and private colleges and universities generate revenue through "slave labor" scholarship recruitment of Black male students to carry a football or shoot a basketball. Black students should go play and actually get an education somewhere else.

In Omaha, Nebraska nothing changes the status quo of "White flight," as White teachers and White students are constantly leaving Omaha Public Schools to escape the burden of "integrating" with people of color." By the way, Black teachers are leaving too!

In Omaha, Nebraska nothing changes the status quo of "White flight" of both White students leaving Omaha Public Schools; and the elimination of Black students due to the perpetual "gentrification" of historically Black neighborhoods, high Black unemployment, and perpetually high rates of incarceration of Black males.

2005 On April 25, 2005, Senator Ernie Chambers who holds a "Juris Doctorate" but never aspired to become an attorney, was the only Black member of the Nebraska Legislature for over three-(3) decades, became Nebraska's longest-serving state senator, having served for more than 35 years, but he was deemed too controversial by White powerbrokers, so in 2000 "elite," politically powerful and affluent White people in Nebraska passed a term limits law specifically targeted to successfully remove Senator Chambers from the Nebraska Legislature. Equal, fair political representation is not available to Black people in Nebraska.

2011 Of course, not all White people are racist, but . . . Omaha Police beat the crap out of unarmed Robert Wagner. As captured in a video on May 29, 2011 and broadcast on Channel 22 (CTI22) and all local commercial television stations, Robert Wagner, a Black man, was beaten, stomped, kicked, and repeatedly tasered by Omaha Police Officers in the parking lot at Creighton University Medical Center. Robert Wagner beaten by Omaha Police in 2011, City of Omaha paid Wagner $32,000 in damages and an additional $68,000 for attorney fees, expenses and costs.

Source: https://youtu.be/sRrIXoOGSPw

2013 Of course, not all White people are racist, but . . . as usual, Omaha Police beat the crap out of unarmed Octavious Johnson. Beaten by Omaha Police in 2013, City of Omaha paid Johnson $30,000 in damages and an additional $60,000 for attorney fees, expenses and costs.

2014 White people in Nebraska are so brazen in their blatant indifference, contempt, and condescending attitude toward Black people that any post-murder "justice" for Will Brown is unnecessary and unwarranted.

In June 2014, I asked to be discharged as a juror for a murder trial involving a Black man (Avery Tyler) being held in District Court of Nebraska at 1701 Farnam Street in Omaha, Nebraska.  As I mentioned during the voir dire, I refused "to participate in a system that both encouraged and allowed hundreds of White people in 1919 to publicly beat, stab, shoot, hang, and burn a Black man, Will Brown, from the same building where YOU expected me to determine the fate of another Black person." I don't ignore or forgive criminal acts caused by anyone, however, I do acknowledge that in order to survive, the absence of educational and vocational opportunities, and the planned destruction of the traditional Black family structure has propelled many Black people, especially Black men, into criminal acts involving theft, drugs, guns, assault, and murder.

Of course, Avery Tyler was convicted and sentenced in the same building that facilitated Will Brown's murder.  

Again, after twenty-six-(26) children and adults were killed at Sandy Hook Elementary School on December 14, 2012, the residents of Newtown, Connecticut voted to demolish the murder site - but such "sensitivity" to Black and other people of color is NOT welcomed in Nebraska. 

2019 Even though 95% to 67% of all state, county and local government (public sector) jobs in Nebraska that pay over $70,000 a year are held by White people, on November 4, 2008, (thanks to Ward Connerly) White people in Nebraska passed ballot Initiative 424, which eliminated the application of Affirmative Action for all state, county, and local government jobs in Nebraska. In 2019 for Nebraska, for all "New Hire Employment" at city, county, and state public sector jobs, forty-six-(46) people were hired into the top level of Officials, Administrators, Senior Managers, etc., and all 46 were White; no Blacks, no Hispanics, no Asians, no Native Americans, etc. As validated by Nebraska's private sector EEO-1 reports that captured data from 1,822 employers with 389,620 employees, over the past 20+ years in Nebraska, the number of Black men and Black women in "Executive/Senior Level Officials & Managers" positions has always averaged under 30. Nothing changes.

2021 In Nebraska and throughout the United States of America, the average White wealth will ALWAYS be at least five times greater than average Black wealth!

As researched by Derenoncourt, Chi Hyun Kim, Kuhn, and Schularick in their March 8, 2021 report, “The Racial Wealth Gap, 1860 - 2020,” the wealth gap between Blacks and Whites has never been abated, has only increased significantly; and if present trends in the data continue, the racial wealth gap is headed to a steady state with average White wealth at least five times greater than average Black wealth - even through 2260! Clearly, "elite," politically powerful and affluent White people, primarily White men, defined and established restrictions that have always and will perpetually define "Being Black."

TO DOWNLOAD REPORT, CLICK ABOVE IMAGE

2023 In Omaha's Douglas County, 80% of Douglas County residents are White, but 80% of incarcerated youth are minorities.

In addition to incarcerating more and more Black adults and Black juveniles, the City of Omaha, like many "urban" areas, is actively engaged in the gentrification of North Omaha to eventually remove (displace) Black homeowners (via high unemployment, high incarcerations, etc.).

In 2023, a 14-year-old Black youth accused of manslaughter states self defense and defense of others (his father!) in his deposition, but contrary to practice, Omaha Police elected not to testify in a preliminary hearing. Attorney Timothy Ashford observed the reason the state did not subpoena a police officer to testify in the preliminary hearing on March 13, 2023 is the police would have to admit the 14-year-old youth acted in self-defense of his father. According to Ashford, a defendant's use of deadly force in self-defense is justified if a reasonable ground existed under the circumstances for the defendant's belief that he or she was threatened with death or serious bodily harm, even if the defendant was actually mistaken about the extent of the danger [State v. Miller, 281 Neb. 343, 798 N.W.2d 827 (2011)], and as established by relevant case law [(State v. Graham, 234 Neb. 275, 450 N.W.2d 673 (1990). Neb. Rev. Stat. § 28-1409. Use of force in self-protection. Neb. Rev. Stat. § 28-1410)], in order for the self-defense justification to be applicable: (1) the belief that force is necessary must be reasonable and in good faith; (2) the force must be immediately necessary; and (3) the force used must be justified under the circumstances. Instead of seeking justice, Douglas County Attorney Don Kleine unilaterally redefined charges to railroad and "brand" a fourteen-(14) year old Black youth as a felon, and a criminal history for the rest of his life.

CASE STUDY: Omaha, Nebraska

CONCLUSION: Omaha is an example of the failure of Black attorneys to coalesce their legal acumen and resources to secure and sustain freedom and justice for Black people.

 

So, given the perpetual underrepresentation of Black attorneys throughout U.S. history, why don't you consolidate your legal acumen and business resources for the mutual benefit of your careers, and equally important, to protect and sustain the freedoms of and acquire justice for Black people?