UPDATED;You ARE the Calvary:But Before Your Storm the Bastille de Broward...
Monday, June 8, 2009 at 8:15AM
The Blogmother
Office of the State Attorney 17th Judicial Circuit Broward County, FloridaBy now, you've figured out that the Calvary ain't coming for Black women and girls. The calvary would be YOU. So several of you in the comments and via email are interested in ACTING on your outrage about the Broward State Attorney's office (web site) throwing a 15 year-old Black girl under the bus by A) Dismissing charges against James Hunte Jr. and Ryan Ashley Johnson and B) Blaming her for their exercise in prosecutorial discretion.
All this despite the fact that Florida appears to have several STRICT LIABILITY crimes which make it unlawful to engage in certain activity with or in the presence of those under the age of 16. In light of NUMEROUS cases where prosecutors move forward with statutory rape case without the victim's cooperation, why wouldn't the prosecution move forward in a case involving a hand gun, child pornography, a confession and photographs.
Over the weekend some folks discussed mobilizing around this case, but before you do, you might want to lay down a foundation.
Remember there is a 15 year old Black girl on the other end of any fires you start. She didn't sign up for martyr or poster child duty. When we move on to the next story about crimes of violence against African American women and girls, she's still stuck in Plantation, FL, likely in bone crushing poverty with the relatives friends and coddlers of her attackers. The local NAACP president will be on the line to the 6 defendants wrapping them in the warm boosom of the illusion of "restorative justice" and the 15 year old girl is going to be left to navigate a very dangerous world alone.
We don't' know why she isn't cooperating. Maybe she's catching hell at home for bringing all this law enforcement attention to the family. Maybe Mama or Daddy, if he's around is blaming her for this inconvenience because they have to take off work. Maybe she's been ostracized by the community for going to the police. Maybe she's being threatened? Maybe her family is being threatened? You don't know, but you might want to inquire before you launch a movement around someone you can't protect.
You need boots on the ground.
What I would suggest is before you "light it up" in Broward County from 35,000 ft in the air is that you make the effort to find some institution in the Broward County area that will embrace this young woman. I'm pretty sure they exist. You might start by typing in "victim's assistance" and "Florida" in a Google search. Work your way backwards. Be polite and say you're looking for someone who works with the victims of violent crime in the Plantation, FL area.
I sent some emails over the weekend. You will likely have to make multiple phone calls and send a dozen emails, but all you need is one response. I would also inquire at churches, the United Way and other local branches of national organizations that issue grants to smaller organizations. This isn't what they do, but they likely KNOW someone who is operating a small non profit who is doing the work.
My issue with this case is that it appears that several STRICT LIABILITY crimes have occurred. While it is difficult to prosecute a case without the victim's cooperation, the reason crimes are STRICT LIABILITY is that society has decided certain things should happen in the presence of people of a certain age. So the mere presence that certain things happened in the presence of a 15 year old girl means somebody OUGHT to be going to jail. Sometimes justice doesn't equal a conviction. There are plenty of cases where prosecutors move forward without the cooperation of the victim "for the principal of the matter". What makes this case different.
Before you storm the Bastille de Broward County, you need to get some very simple questions answered by the Office of the State Attorney17th Judicial CircuitBroward County, Florida
1. In light of Florida Statutes Section 794.05 - Unlawful sexual activity with certain minors, why have you made the decision not to go forward with the prosecution of James Hunte Jr. and Ryan Ashley Johnson.
2. In light of Florida Statutes, Section 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, why have you made the decision not to go forward with the prosecution of James Hunte Jr. and Ryan Ashley Johnson.
3. What steps are you taking to prevent these defendants from preying on other young women who live in the area.
4. Are there any circumstances under which you will pursue convictions under Sections without the cooperation of the complaining witness.
Of the Plantation Police Department you might ask:
1. In light of the fact that there appear to be at least 6 violent predator targeting young African American girls in this apartment complex, what steps has law enforcement taken to insure that young girls living in the complex are protected from James Hunte Jr, and Ryan Ashley Johnson and the other suspects.
2. Was the victim or her family provided any type of police protection pending trial?
3. Has the victim been threatened?
Of the apartment complex, which you can hunt down from the police report, you might ask the owner of the property:
1. What steps are being taken to make this a safe Place for teen age girls in light of the fact that these men appear to be in residence?
2. While the prosecutor has made a decision not to move forward, is it possible that their actions have violated their lease or other policies of the property management?
3. Are either of these two people's names on the apartment lease or are they otherwise authorized to reside in this complex, if not, what steps are you taking to have them removed and charged with trespassing?
Other targets for your inquiry:

Don't stop with the State Attorney's office, which entity funds his office? The county or the state? What about the City of Plantation? What's the mayor (pictured above) doing in light of the NATIONAL SHAME of her community appearing to harbor these folks? Is the city providing any services to the victim? The City of Plantation's website says that in Plantation, the "grass is greener" well not from here it isn't. Not with criminals running loose.
Voicemail Hell
You will undoubtedly encounter voice mail hell in your quest for information. That's normal , its part of the process. If you hit a voice mail road block, don't forget you can send free faxes online. Since the police department and the prosecutor or public sector entities, they can't just chuck your fax in the trash. They can, but they will likely violate record retention rules. Plus faxes require paper and toner and there is likely one or more people assigned to collect and distribute those faxes. Type "free Internet fax' into Google and choose the service of your choice.
Organizing
Its pretty clear that we are headed towards a point where we MIGHT have to form some type of national organization that demands justice for Black women and girls in these types of cases. I LOATHE to be the one to organize it because I think we have entirely too many non profit organizations already that are canalizing each other by wasting money that would otherwise be going to direct services on the overhead to run all of these legal entities. Therefore, it is my hope and desire that after asking these questions you will find a local organization in Plantation to partner with, if not, we shall proved some additional social networking tools for you to organize and mobilize as a blog can do many things, but not everything.
Again, on the other end of all of this mobilizing is a 15 year old girl who is likely terrified. Every campaign you wage doesn't need to be on the front page of the paper. Start digging.. and yes, I am making my own inquiries :) we seem to keep dealing with a lot of foolishness coming out of Florida.
UPDATE A reader heard back from Plantation PD:
It has been my experience that the Broward County State Attorney’s Office vigorously pursues prosecutable cases. I have not spoken with the prosecutors assigned to this case, but my detectives tell me that they are taking it very seriously and that the potential exists for the subjects to face charges in the near future. The decision to dismiss charges at this particular juncture may be part of a larger strategy. Our detectives are a passionate group of individuals who work very closely with the State Attorney’s Office and they feel that in the end, the right decision will be reached.
Thank you for taking the time to share your concerns and if I can ever be of assistance again, please do not hesitate to contact me.
Yours cordially,
Larry L. Massey, Jr.
Chief of Police
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Reader Comments (11)
Thank God for this blog and others that don't let foolishness go on unoticed! I am in my 40's and can still remember being victimized sexually in my teens by predators and older men....
It makes my blood boil that this still happens today but alas it does!
Keep the pressure on!
It's heartbreaking what goes on with young girls today. I rarely went anywhere as a young girl, or teen, without being escorted by my family - older brothers, uncles, Mother or Father.
I feel bad for little girls that don't have any kind of protection. Why do people assume that little black girls can handle adult males alone? I continue to see this and wonder at the callousness of this behavior.
Thanks Gina for laying out the steps.
Without the legal eagels giving us insight into how we might approach these situations, lay folk like us might just continue to shake our heads!
I really like the way you've laid out the steps people can use to take action. I particularly appreciate your call to keep in mind the victim in this case. All too often we have rallied in "support" of an issue, and what gets left in the dust are the ones who originally endured the hardship being called into question. I wonder where Al and his cronies are now that one of the Jena 6 kids has tried twice now to commit suicide. Who's wearing all-black for him now? Your post as lowered my altitude by at least 10,000 ft now. Can't keep lurking forever.
This is a great idea.
Okay. I found a few agencies worth reaching out to.
http://www.aardvarc.org/dv/states/fldv.shtml is a comprehensive website that provide resources for DV, Rape, and child abuse.
There is also the Florida Council Against Sexual Violence at
http://www.fcasv.org/2005_Web/Contact.htm
I'll write them a letter today just to see if they've even been made aware of this case.
Sis. Gina, excellent points! We must always get our facts straight B4 we make a move, put pressure on public officials, etc.
Regarding the victim, regardless of age, race, class, sexual orientation, physical or mental ability, religion, physical size, etc., a victim of a crime AND the community must have justice. Perhaps some feel the girl is not a "perfect" victim for being around Black men, but nonetheless, once a crime has been committed, police, DAs, domestic violence/sexual assault advocates, etc., have a job to do. Again, I wonder if the police, DA's office and the local violence against women advocates in that city coordinate, communicate and work together? That type of mutual support and professional approach it what helps victims AND builds successful cases for prosecution. Thanks! :)
I hope everyone read the update. I posted later in the day. Something in the milk ain't clean down there in Broward. Now if you thought it didn't happen then say so, but don't put out there that an uncooperative victim is the basis of not goign forward with a statutory rape case.
This is a great resource to have and keep in mind for other courses of action. I have to admit I was surprised that the news did a story on it, but knowing the survivor is a white teen explains it. The race of the perps may certainly have something to do with her reluctance to go forward. I'm sure Nancy Grace will take up her cause now.
I contacted the city of Plantation and their police department via email yesterday. This was the response by the police chief:
Good afternoon, Mrs. Bailey,
It has been my experience that the Broward County State Attorney’s Office vigorously pursues prosecutable cases. I have not spoken with the prosecutors assigned to this case, but my detectives tell me that they are taking it very seriously and that the potential exists for the subjects to face charges in the near future. The decision to dismiss charges at this particular juncture may be part of a larger strategy. Our detectives are a passionate group of individuals who work very closely with the State Attorney’s Office and they feel that in the end, the right decision will be reached.
Thank you for taking the time to share your concerns and if I can ever be of assistance again, please do not hesitate to contact me.
Yours cordially,
Larry L. Massey, Jr.
Chief of Police
Typical police response , but he did respond in writing which is something that most southern law enforcement officals aren't willing to do in matters such as these.
Just curious to know whats going on with this casse? I have wrote a letter to the police department and included my phone number hopefully i get a call back. This case isvery personal to me because i am actually a resident of plantation and i have a daughter myself. I wonder if these guys have any children? This is sick. Hopefully we all get to prove a point that this is wrong by writing these letters and making these phone calls. I would hate to have her cross paths with these people. Their release is just giving them room to do this again.