An end-run around the death penalty

With Democrats firmly back in control of the Statehouse and most other statewide offices, the issue of the death penalty was sure to once again take center stage in Ohio. While efforts are underway to call a moratorium on the use of the death penalty until it has been proven that this ultimate sanction is applied in a just manner (no one in their right mind could reasonably argue that it is applied fairly today), the problem is the electorate in Ohio — especially Southern Ohio — is for the barbaric practice by a substantial majority.

I firmly believe in my heart of hearts that the reason Gov. Ted Strickland and Attorney General Marc Dann come out in favor of the death penalty is because they know they cannot win office statewide if they didn’t. I just have to believe — in spite of their public positions — that neither of them personally approve of capital punishment. Of course, I could be entirely wrong.

A somewhat similar situation exists in Oregon, where the voters approved the reinstatement of the death penalty in 1978 and still support it by a substantial margin. However, since that time only two men have been put to death. Why? Because elected officials placate the voters by leaving the law on the books, and then, when the case is appealed to a higher court, the state almost always loses. One of the two men to die in Oregon refused to appeal his sentence, so, in effect, only once has the state’s attorney won a death penalty case at the appeals level. This is not to suggest that the attorneys are sandbagging, it’s just that reasonable and sane people run state government in Oregon and they’ve found a way to leave the law on the books, but never actually use it.

As a matter of full disclosure, I should inform readers that I have been employed by attorneys in Oregon to testify as an expert witness on prison conditions in capital murder cases, which makes me privy to death penalty politics in that state. The lawyers there are adequately compensated for their efforts, whereas in Ohio some death penalty lawyers are working for close to minimum wage. We are nationally known for our parsimoniousness in terms of expending funds to ensure fair outcomes for defendants in capital cases.

This money factor points up another flaw in capital punishment: Lady Justice is not as blind as we like to think; she often peeks out from under her blindfold in adoration when million-dollar lawyers strut into the courtroom wearing $2500 custom-tailored Brioni suits. Of course they only show up to represent the wealthy — they’re not great believers in pro bono work. And the wealthy are never put to death in America ... no matter how heinous the crime. And we call this fair and equal justice?

Betting on bias

If you’re looking for one of the myriad culprits behind the disintegration of the core city, perhaps one has been discovered ... but the jury is still out. Or, more accurately, the jury has yet to even be empanelled. But Area Temps, the largest temporary staffing agency in Greater Cleveland (and, with over 8000 employees, one of the largest employers in Northeast Ohio) has been charged with violating federal laws by illegally acquiescing to requests of companies’ to only send them people of a certain age, race, gender or national origin. Or, put more succinctly, the government is alleging that companies doing business with the staffing agency said something akin to, “Don’t send us any Blacks, older folks, (in some cases) women, or immigrants,” and Area Temps (according to court documents) in too many instances, complied.

Of course any individual or company charged with a crime is innocent until proven guilty, and these charges might be the “payback” work of disgruntled employees (something I seriously doubt), but when the lawyer for the accused is “not available for comment” in a suit of this magnitude and importance, it usually means the client’s ass is totally out.

In spite of the case — brought by the U.S. Equal Employment Opportunity Commission — only being in its nascent stage, it bears close scrutiny due to the potential implications and impact. The NAACP, AARP, NOW and other groups interested in fairness for their constituencies should be on this case like a pack of pit bulls attacking a soup bone.

Which area companies are alleged to have engaged in the illegal practice of excluding people based on anything other than ability? How many managers at Area Temps allegedly went along with the noxious practice? In other words, how rampant is racism, sexism and ageism in Northeast Ohio, and what damages have been done to folks in our region?

Many of the employees of Area Temps and other such agencies are on the margins of society in terms of education and stability; of course others are part-timers who only want to work when their schedules allow (maybe new moms, or students). But all of the employees should be accorded fair treatment — in fact, federal laws mandate it.

We all have our prejudices and biases; those are the flaws that make us human. I suppose that even Mother Teresa was no saint in this regard. But what she did, and what we are supposed to do, is to realize our frailties, acknowledge them, and ultimately conquer them. We may never rid ourselves of these character flaws, but we are supposed to rise above acting on them. In other words, even when a client asks an employee of a temp agency to act in an illegal manner that employee, no matter their personal propensity, is supposed to say, “Sorry, but no, I can’t do that.”

Two employees of Area Temps supposedly did just that; but when they protested the illegal steering too loudly they were allegedly fired for speaking out. Kevin Duffy and Ana Lopez (who, according to court filings, assisted the government in its investigation of the illegal practices) could wind up as heroes or villains, according to the outcome of this case. I tend to suspect Area Temps didn’t accept the government’s offer to settle the charges absent going to trial because the owners of the company and their lawyers just might feel there are so many biased and racist people in Cuyahoga County that the government can’t empanel a jury that will convict them of a “crime” that is so prevalent in Northeast Ohio. After all, many companies had to allegedly ask Area Temps to discriminate (otherwise there would be no case), and, if the government is to be believed, all but two employees went along with the biased requests. All it takes is a few people on a jury who are unwilling to admit that race, age and gender discrimination exists in Cuyahoga County... and that might not be so hard to do. The folks at Area Temps just might be making a smart, but disgusting, bet.

From Cool Cleveland contributor Mansfield B. Frazier mansfieldfATgmail.com
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