Black and White and Thin Blue Lines

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Serge and Clarke discuss a controversial January 2023 proposal in the Massachusetts legislature to let Massachusetts inmates reduce their prison sentences by donating bone marrow or organs, such as a kidney. Their are pros and cons of course and these ideas are the subject of today's podcast.

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Reverend P.M. Smith, Pastor of the Huber Memorial Church in Baltimore City is this week’s guest on Black and White and Thin Blue Lines. Pastor Smith brings an unmatched focus on crime in Baltimore. He is a Baltimore born and raised former criminal defense attorney and now the Pastor of Christian community. If you watch television or read the news in Baltimore, you are familiar with Reverend Smith. In this episode, the good Reverend preaches to the choir: Serge and Clarke. 

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On January 7, 2023, the Memphis Police Department's Scorpion Unit stopped and caused serious physical injury to 29-year-old Tyre Nichols. Mr. Nichols died in a hospital three days later. Five officers were fired on January 20, 2023. The same five officers -- Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills, Jr., and Justin Smith -- were charged by Grand Jury Indictment on Thursday, January 26, 2023, with second-degree murder and other charges. Video of the incident was released on Friday evening, January 27, 2023. In this episode, Clarke moderates a discussion by Serge and special guest Sergeant William Jackson about this serious, agonizing event. 

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In the first episode of 2023, Serge and Clarke discuss an alarming statistic: 2022 had more people killed by law enforcement than at any time since police deadly force has been tracked. Also, there was an increase in the number of police officers who were shot in the line of duty. 

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The legal profession is filled with high-extroversion, low-content, self-promoters more interested in lining their pockets than achieving justice for their clients. And then, there is Sam Nalli. Sam tells the listeners about his background and interest in the law, and takes us behind the scenes in the defense of a 17-year old child charged as an adult with first-degree murder. The story is about a high stakes trial, the high stress that accompanies the trial, and the high commitment of an outstanding local attorney who achieved something resembling justice for his client. A must listen for law students, lawyers and all persons concerned about the criminal justice system in Maryland, and especially about the need for outstanding public defender and public defender panel representation. 

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In the last episode, Serge and Clarke discussed the idea of a trial penalty. A trial penalty occurs when an accused citizen rejects a plea offer, goes to trial, and is convicted but receives a sentence grossly disproportionate to the plea offer. In this episode, Serge and Clarke interview Gary Baynor about an incredible story of injustice: a trial penalty of 70 extra years incarceration after being acquitted of the most serious charges. This case is about racism witnessed by Clarke Ahlers who has defended Gary Baynor from 1995 to 2022, when a courageous Assistant State's Attorney Becky Feldman reviewed the case and agreed to approach the Circuit Court for Baltimore City with a joint request for a re-sentencing. 

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In this episode, Serge and Clarke explore the phenomenon of the diminishing trial by jury. After explaining the statistics -- which are shocking -- Serge and Clarke seek to answer the questions of why the trial by jury is disappearing and the consequences of this significant change to the criminal justice process in America. 

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Serge and Clarke discuss the tragic circumstances surrounding the arrest, guilty plea and sentenced in the Brittney Griner case. Brittney, a WNBA all star, was arrested at a Moscow airport in February of 2022 for .7 grams of cannabis oil in her luggage. She was convicted and sentenced to 9 years of hard labor in a Russian penal colony. It appears that the Biden administration is negotiating a prisoner exchange for the notorious "Merchant of Death," Viktor Bout. The Griner case implicates race, gender and sexual identity in an international injustice.

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The Supreme Court tells us that we have no constitutional right to expect the police to protect us, unless we are in their custody. Yet a Baltimore City Police Officer is sentenced to 60 days incarceration for not preventing an assault and a Yonkers Police Sergeant is under investigation for not stopping an assault. Serge and Clarke explore this vexing situation in this podcast.

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Two for the price of one in this episode. Serge and Clarke contacted Moe Robinson because he teaches firearms law and skills to applicants for Maryland's carry permits. But he first shared his views on police leadership; they are so good we made the episode about both things: police leadership and firearms training for carrying a firearm in Maryland. Please listen to this excellent police leader!