Judge's remarks earn drug dealer new sentence

[MichaelJCheaney]

Good ruling or bad?

A Milwaukee man convicted of selling cocaine will get a new sentencing hearing because the judge who sentenced him referred to the man's "baby mama" and asked him where "you guys" find women to support them while they stay home, the state Court of Appeals has ruled.

"What concerns us is the reasonable perception of an African-American defendant, or an observer, that the sentence was imposed at least in part because of race." Judge Joan Kessler wrote for the majority.

Landray M. Harris, 22, was convicted of possession of cocaine with intent to deliver and being a party to the crime after entering a guilty plea. He had no previous record as an adult or a juvenile.


At sentencing in August 2007, Harris told Wall that he was not working and that he stayed home, caring for his then-2-year-old daughter. Wall asked Harris a number of questions about the child's mother – whom he referred to as the "baby mama" – and noted that she both worked and was attended college.




"Where do you guys find these women, really, seriously," Wall said, according to the decision. "I'd say about every fourth man who comes in here unemployed, no education, is with a woman who is working full-time, going to school. Where do you find these women? Is there a club?"
Wall sentenced Harris to two years in prison to be followed by three years of supervision.

http://www.jsonline.com (http://www.jsonline.com/)

http://www.wicourts.gov (http://www.wicourts.gov/) (Actual Court Document)

My belief is that the court of appeals got this one way wrong.

First off the only place it is mentioned that Mr. Harris is Black is in the actual decision.

Secondly, Who exactly are the "reasonable people" who when they hear the words Baby Mama, and you guys, AUTOMATICALLY think "Gee they must be talking about a Black person?"

Also is it now considered racist for a white person to use a term that may or may not have originated within the Black Community.

And does this make us DD'ers a bunch of racist bastards?

Fire away. I really want to hear your opinions.

[Athena]

I'm with you. This is hypersensitive PC bullshit. The "baby mama" comment might have been questionable, since it is so strongly tied to the black community... But that last part? Shiiit... He could have been talking about any number of my friends' boyfriends, all of whom have been some variation of white.

[Rockin Ma]

I'm from a land full of different races and cultures and it's all pretty intermingled into one. I'd say where I'm from "Baby Momma" is an accepted and frequently used word and isn't always tied to being a baby momma being a bad thing.

I always say baby daddy. I don't know. That's just my fun translation to not being married to my children's dad.

[RaVen Blackehart]

I suppose we can look forward to at least 4 more years of such rulings.

[dmax]

"What concerns us is the reasonable perception of an African-American defendant, or an observer, that the sentence was imposed at least in part because of race." Judge Joan Kessler wrote for the majority.
How in the hell does someone perceive this judge's ruling as racial?

Now, the above quote sounds racial to me. Why would that be the "reasonable perception of an African-American defendant"? Would that be the reasonable perception of a White-American defendant? Or observer? I see nothing racial there, whatsoever, except the ruling by the Appeals Court. And, I'm fed up with this ebonics shit. Quite frankly, it make a person sound illiterate. But, if it had been a black judge saying the same thing, would it have been racial? And if not, wouldn't that mean that black judges have more power over white judges, in a court of law?

[MichaelJCheaney]

I suppose we can look forward to at least 4 more years of such rulings.

This one took place in the Wisconsin Court of Appeals, and lets just say that they have never been accused of being conservative.

I just hope that this gets Appealed to the SCOWI, and if they decide to take it, I believe this decision will be overturned.

There is no precedent for this type of ruling ANYWHERE in Wisconsin. EVER.

So the court of appeals just basically made up the rules at they went along.

Because only SCOWI is allowed to make precedent. (Allegedly anyway)

[weavergroupie]

I don't know about the rest of you people, but I don't think it's racist to use the phrase "baby momma" unless you preface it with "brown baby momma" or some such crap.

It seems that the only one being unreasonable here is Judge Joan Kessler.

Maybe he's her dealer when he's not being a baby daddy and hanging out with other of those people and she wanted him out of jail.

[MichaelJCheaney]

It almost seems we are at the point where (At least in the Milwaukee Area at least) it is perceived to be racist if a white judge sentences a black criminal to anything other than probation.

[Athena]

It seems that the only one being unreasonable here is Judge Joan Kessler.


I hate to sound brash, but women, being a minority class, often like to speak for other minorities, because, you know, "we understand". Women get offended on behalf of other people more than any faction of society I know.

...and that's exactly what happened, here.

[MichaelJCheaney]

I hate to sound brash, but women, being a minority class, often like to speak for other minorities, because, you know, "we understand". Women get offended on behalf of other people more than any faction of society I know.


...and that's exactly what happened, here.


You are on to something. However I am going to take it exactly one step further.

White guilt.

[weavergroupie]

I completely overlooked the fact that he's going to be sentenced again.

I hope he gets at least the same sentence as he got before. More if the law allows it. I'm just mean like that.

[Nell]

"Where do you guys find these women, really, seriously," Wall said, according to the decision.

He said "you guys", not you black guys. So no, not racist.

And my tag by my name is "baby mamma drama." Because I have alot of kids by different men and I thought it was funny. And I am white as the snow. Didn't know that the phrase was only used in the black community. (said with sarcasm)

[MichaelJCheaney]

He said "you guys", not you black guys. So no, not racist.

And my tag by my name is "baby mamma drama." Because I have alot of kids by different men and I thought it was funny. And I am white as the snow. Didn't know that the phrase was only used in the black community. (said with sarcasm)

Nell:

You racist bitch you.....

Apparently no matter where a phrase starts, as soon as a black person udders it. It becomes Property of the Black community.

And once it is spoken by a white person it automatically has racial connotations.

GAWD that pisses me off!

[RaVen Blackehart]

How in the hell does someone perceive this judge's ruling as racial?

Now, the above quote sounds racial to me. Why would that be the "reasonable perception of an African-American defendant"? Would that be the reasonable perception of a White-American defendant? Or observer? I see nothing racial there, whatsoever, except the ruling by the Appeals Court. And, I'm fed up with this ebonics shit. Quite frankly, it make a person sound illiterate. But, if it had been a black judge saying the same thing, would it have been racial? And if not, wouldn't that mean that black judges have more power over white judges, in a court of law?

Doesn't that black TV judge, Judge Joe somethingorother talk that way in his TV courtroom and no one bats an eyelash?