Black and White and Thin Blue Lines

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A fatal stabbing on the J train is the subject of this week's podcast. Five weeks after Daniel Perry fatally choked Jordan Neely on the New York subway system, 20-year-old Jordan Williams is charged with manslaughter and criminal possession of a weapon for the fatal stabbing of Devictor Ouedraogo. Serge and Clarke discuss the differences, similarities, and social ramifications of this recent New York subway homicide. 

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Debra Saltz is one of Maryland's best attorneys. She clerked for the late, great Joseph Murphy, she worked as a public defender in Baltimore County, and she served as a prosecutor in Howard County for four years. Debra has also been in private practice for many years, especially concentrating in criminal defense. Debra is a free thinker and she is untethered to the rote acceptance of traditional liberal or conservative policies. In this episode, Debra first talks about a couple of her "hate crime" cases, and then shares her idea on how to curb America's gun violence problem. Debra's idea is an idea whose time may have arrived. Whether you agree with her or not, her idea is provocative, creative, and uniquely Debra. 

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The January 6th breach of the U.S. Capitol resulted in one of the most extensive criminal investigations spearheaded by the FBI in the history of the United States. In today's episode, Serge and Clarke speak with attorney David Fischer, who represented the alleged mastermind of the breach: Thomas Caldwell. Caldwell's acquittal of the most serious charges shocked the D.C. press corps. This is a fascinating interview about the accused, the defense strategy, and the trial. 

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In Queens, New York, a man shoots and kills a robber. The shooter's conduct is determined to be self-defense, but he is charged with firearms violations. In Charlotte, North Carolina, a bus driver shoots back at a passenger shooting at him! The bus driver is not charged with a crime, but is fired by the employer. In this episode, Serge and Clarke discuss the breaking of the social contract, citizens arming themselves, and the defenses of necessity, duress, justification, and choice of evils. 

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In 2022, the United States Supreme Court ruled that the "proper cause" gun permit  requirements of New York prevent law-abiding citizens from free exercise of their second amendment rights to keep and bear arms in public for ordinary self-defense. This decision effectively negated Maryland law. In its very next session, the Maryland General Assembly passed new gun laws restricting the places that a person may carry even a lawfully possessed firearm. The unintended consequence of the new law is J'Den McArdory, a 20-year-old man who is protesting the new law by forming his own militia and carrying an AR-15 style weapon at a school bus stop in Severn, Maryland. 

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On May 11th, 2023, Baltimore Police Detective Cedric Elleby shot a fleeing suspect holding a semiautomatic handgun with an extended magazine in his right hand. The young man had not fired the weapon at the time he was shot. He was not pointing the pistol at Detective Elleby or anyone else. He was running away from the police and he was apparently shot in the back. Serge and Clarke discuss this controversial case. 

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Daniel Penny is charged with manslaughter, second degree, after holding Jordan Neely in a choke hold on the NY City Subway F Train. In this episode, Serge and Clarke discuss this sad, but compelling, case. 

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In rural New York, a 65-year old man fired two shots from his porch killing a young woman in a car who was lost and turned around in his driveway. In Missouri, an 84-year old man fired two shots from his front door injuring a teenager who rang his bell, mistakenly at the wrong address to pick up his younger brothers. In both cases, activists allege that stand your grounds laws are in part responsible for these tragic circumstances. Serge and Clarke discuss the cases and dismiss stand your ground arguments, but disagree on the lessons from these cases.

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 Two months before the death of George Floyd, seven California Highway Patrolmen - including a Sergeant -- and one nurse held Edward Bronstein face down while handcuffed behind his back to take blood in a DUI case pursuant to a search warrant. Bronstein screamed that he couldn't breathe. The incident was videotaped. Bronstein died during the incident allegedly due to methamphetamine intoxication and positional asphyxiation. Los Angeles District Attorney charged the seven patrolmen and the nurse with involuntary intoxication in March of 2023. Today's episode takes a look at this disturbing case.

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Serge and Clarke "reimagine" the qualifications to be a police chief in 2023. We tell you what cops say they want; want the IACP says it wants; and what the DOJ says it wants in a police chief. But, Serge lists his list of qualifications and Clarke lists his. We guarantee you that some of the ideas will surprise you.