Ticked off with San Francisco Public Defender Jeff Adachi and Black Lives Matter Movement

A bogus December 2015 felony hate crime conviction against a Black man and his fiancé in San Francisco convinced me that Public Defender Jeff Adachi and the Black Lives Matter movement are doing Blacks a grave disservice.

Note: There are many reports to this story online that do not tell the whole story. In other words, the reporters assumed, A. The transgender was a victim. B. The Black man just hated transgender people.

The reason so many young and mostly unarmed Black men end up in the morgue, while the police who kill them go on paid administrative leave; never mind not being held accountable, is, Blacks as a whole, are not respected as being entitled to equal treatment anywhere in America.

Black Lives Matter and justice reform advocates can make change happen if they first, take a step back, then mobilize with a new mission: Respect saves the lives that disrespect is determined to steal away. And a simple but sincere apology will achieve a lot more than any City Hall or Hall of Justice protest could only dream of achieving.

Let’s face it, no matter how many Black Lives Matter protests with chants of “No justice, no peace” that take place around the country, Blacks in America will not gain any piece, of real justice, by this and any other tired old cliché, or approach, to right a wrong.

Caught on surveillance, was a brazen January 2016 daytime shooting in Oakland CA. A young Black male wearing a heavy orange jacket with a hood showed no respect for human life as he first paced, then pulled up a gun, pointing it down the street and POW, POW, POW! It was as if he was on a Hollywood set.

First aired by ABC news 7 on January 5, 2016, this news item went into millions of homes during the dinner hour, surely giving naïve White parents more material for teaching their children to fear or keep a distance from their Black peers.

I also took away from this news story the fact that, respect saved the life that no respect tried to take away. Though the young black man showed no respect, or value for life with his actions, there was a hero.

A Black woman interviewed, told how she was present and administered first aid to a bystander struck by one of the suspect’s bullets. How many White parents will tell little Johnny and Suzy that portion of this ABC7 news report?

An inspiring article that I read in all of 2015 was of San Francisco Public Defender, Jeff Adachi. In June of 2015, I entered a pizza shop and soon after, saw Jeff Adachi sitting with a lovely lady. I had to go over and tell him that earlier that same day, I read and enjoyed the SF Weekly article that described what makes this public servant tick. Less than six months later, I’m ticked off with our Public Defender, Jeff Adachi.

A lawyer once told me that the first thing he and any law school student is taught, is: “If it don’t make sense, it probably didn’t happen.”

Common sense tells me that a couple (Black man and his fiancé) do not, finish having lunch, walk down the street where they see a transgender couple they have never seen before and start hurling insults and then beating on that couple.

That is the prosecution’s case in this bogus felony hate crime charge:

November 2015, San Francisco police were summoned to the scene of a fight involving two couples. The whole fight began when Samantha Hulsey, a White transgender women bumped into Dewayne Kemp, a Black man while passing him on the street without offering the courtesy of an apology.

As police procedure, the officers separated all involved, which included a fifth person who tried to intervene. They took statements — hardly a time for either side to make up stories, which is key in the subsequent criminal case. Kemp‘s companion — who later revealed to a reporter, she was “Bisexual”, hurled coffee onto Hulsey in response to Hulsey calling Kemp a “nigger.”

Hulsey then punched Kemp’s lady in response to being doused with coffee. That is when Kemp started swinging on Hulsey. The end result was Kemp and his fiancé were charged with a “felony hate crime” by the SF District Attorney for Kemp’s use of the word “fag”, despite the fact that he is dating a bisexual; never mind the fact that being called a nigger, first, by a White person is asking for a fight. And since when does the word fag, used in a fight against the word nigger deserve more sympathy or empathy?

More troubling is the fact that a deputy at the SF Public Defender’s office, Kwixuan Maloof was criticized by the SF Bay Area Reporter for not referring to Hulsey as “She” during the arraignment of his client, Kemp.

A published editorial demanded more sensitivity training for the SF Public Defender’s office. Transgender should be referred to appropriately.

However, for the head SF Public Defender, Jeff Adachi to make a public apology at the demand of the LGBT community newspaper illustrates indifference, toward the Black community. And a lack of understanding by the LGBT paper for what might have set off this whole event, which was not a hate crime, but the rudeness of a White transgender.

The SF Bay Area Reporter, which reported on the apology also reported on what happened at the preliminary hearing, which took a bizarre twist. The victim, Hulsey, showed up to testify. But she left on her own before testifying and was nowhere to be found. Then, both defendants in the matter pled guilty to a felony hate crime when promised to be released from custody immediately, not knowing there was no victim to testify against them.

Mr. Maloof, the public defender for Kemp was outraged. He too did not know that the “victim" left on her own accord. He did not agree with his client’s decision to plead guilty. He called the case politically motivated; noting that both the mayor and SF District Attorney, George Gascon commented on the case before any evidence was presented.

Imagine that. The female defendant, an LGBT in this case even pled guilty to a felony hate crime against her protected group of LGBT just to get out of jail. And the Black man who was first called a nigger was convicted for using the term, fag in the fight. But this gets worse. At the final sentencing, the judge thought the two defendants should serve time. Kemp objected because he only agreed to the deal on the condition of being released from custody immediately. He tried to take back his plea and the judge refused and sent him off immediately to serve nine months in jail.

Many might focus on the fact that Kemp has a criminal record and Hulsey does not. However, I am skeptical of Hulsey for the mere fact that this was the second time in the year 2015 she was involved in a fight that was reported by the press. Hulsey was so willing to alert the press to being a victim of a hate crime, but when it came to testifying at a court hearing in support of all victims of hate crimes, she got cold feet and made herself unavailable to tell the court her side of the story. What’s up with that?

Mr. Maloof gave a clear answer:
This kind of “hate crime” justice, not only points to the fact that transgender in San Francisco are spoiled rotten as I have witnessed, but as Maloof put it, this kind of justice is “Bullshit!”

From the SF Weekly article praising Jeff Adachi, I read: “”As the only elected public defender in California, Adachi uses his office to seek to redress injustice systemically. Last December, Adachi resigned from his longtime position on the board of directors of the California Public Defenders Association and founded a new group, Public Defenders for Social Change. Inspired by the Black Lives Matter movement and the ongoing national conversation about racism in law enforcement and the courts, Adachi decided it was time for public defenders to step forward, testify to the systemic racism and bias they witness on a daily basis, and lead a movement for change.”

That said, I think Jeff Adachi owes the two defendants in this matter an apology as well as all Blacks in the city that he swore to defend for allowing the District Attorney in San Francisco to get away with such a bogus hate crime conviction. This plea deal will forever be on the record of this Black man and only God knows how many others; if Black Lives Matter is too busy gearing up for the next police protest.

If Black Lives Matter is going to really matter in 21st century America they should understand, way before any officer discharges his service weapon on another unarmed Black man, they too as a group showed no respect for the Dewayne Kemp’s of America by not coming to Kemp’s defense in force. This ticks me off because this kind of disrespect by the “Movement” contradicts the claim that “Black Lives Matter.”

In other words, if Black Lives Matter, as a movement is not willing to stand up to even an ally like the SF Public Defender, when that ally is out of line for not even offering an apology on behalf of a government that failed to defend, no one will have to question what direction the BLM “movement” is headed.

1983 to 1993 Bible Study teacher at SF juvenile hall. Currently prison reform activist and author of Case Game - Activating the Activist; an autobiography.

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