Sunday, July 14, 2013

The Elephant in the Office

"Hughes claims Corsi uttered the comment about a fellow police official -- who is not black -- the chief suspected of leaking information to the Times Union at the time of the Christopher Porco murder trial."

Waldman, Scott. "Internal Affair Goes Public; Dispute between Bethlehem police chief, officer over alleged racist remark heats up." Albany Times Union. September 3, 2009: D1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=8740639

"Police chief caught on tape using slur." WNYT. September 18, 2009. http://web.archive.org/web/20090923004521/http://wnyt.com/article/stories/S1145858.shtml

"Corsi apologized for using 'improper and inappropriate language' […] A transcript of the call released by the town reveals Corsi told then-Albany County Undersheriff John Mahan, 'I got (racial epithets) in the woodpile' […] Shortly after Corsi makes the statement, according to the transcript, Mahan asks whether the call is being taped -- prompting Corsi to ask the undersheriff to call him back on what appears to be a private line that is redacted from the transcript […] Corsi noted that his comment, though wrong, 'was not directed at any individual or group.'

"'I sincerely apologize for my use of improper and inappropriate language during the course of that conversation,' the chief, a 24-year veteran of the department, said. 'While I am sorry I used this language. ... I did not intend any bigotry, harm or prejudice in my words. Anyone who knows me knows that I do not condone this type of language publicly or privately.'

"The town declined to release an actual recording of the conversation."

Carleo-Evangelist, Jordan. "Bethlehem Board to Meet Over Police Chief's Remarks; Tape shows Corsi made offensive remark in 2006." Albany Times Union. September 19, 2009: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=8707520

"'The town board condemns the use of racial epithets in any form or fashion,' the board said in a prepared statement. 'The chief has expressed deep remorse for using racially offensive language in the telephone conversation. Had the statement been made in reference to a particular individual, the board would have strongly considered terperson' [sic]"

Gardinier, Bob. "Corsi Gets Ten-Day Suspension for Racial Remark; Bethlehem Town Board votes to punish police leader for 2006 incident." Albany Times Union. September 24, 2009: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=8738771

An earlier case in New York in which the same peculiar expression was used:

"Racial epithets, indefensible when uttered by a private citizen, are especially offensive when spoken by a judge. Whether or not he meant it as a racial slur, respondent's use of the term […] in any context is indefensible. […] Furthermore, respondent has persisted in the belief that his remark was not inappropriate and that his 'metaphor' was misunderstood. Respondent's claim that he was not referring to a black man and that he apologized for his remark (the apology appeared only in a confidential letter to the Commission) are not persuasive […] The only mitigating factors in this case are respondent's age and his long and unblemished record on the bench."

http://www.scjc.state.ny.us/Determinations/A/Agresta.Thomas.S.1984.07.05.DET.pdf

I'm not sure why the judge's age was a considered mitigating factor. Was it that his having grown up in a time where racial slurs may have been more common an excuse?

"Petitioner admitted making the statement but he denied any impropriety in his conduct, asserting that it was a harmless 'metaphor'. He also denied that his remark referred to any particular person, but he claimed that in any event, he did not intend it as a racial slur. He contended that the metaphor referred to an unsolved mystery and that his comments were directed at the police, not defendant's uncle, because he was critical of their investigation."

"In confirming the referee's report the Commission found that: 'Racial epithets, indefensible when uttered by a private citizen, are especially offensive when spoken by a judge. Whether or not he meant it as a racial slur, [petitioner's] use of the term […] in any context is indefensible. That he used the term in open court with black defendants before him and in obvious reference to a particular black person makes his conduct especially egregious.' Commenting on petitioner's attitude after the charges were presented, the Commission stated: 'Furthermore, [petitioner] has persisted in the belief that his remark was not inappropriate and that his 'metaphor' was misunderstood. [Petitioner's] claim that he was not referring to a black man and that he apologized for his remark (the apology appeared only in a confidential letter to the Commission) are not persuasive.'"

"The rules require that judges 'observe * * * high standards of conduct so that the integrity * * * of the judiciary may be preserved' (Rules Governing Judicial Conduct, 22 NYCRR 100.1; see also, 100.2; Matter of Aldrich v State Commn. on Judicial Conduct, 58 N.Y.2d 279; Matter of Kuehnel v State Commn. on Judicial Conduct, 49 N.Y.2d 465). Applying this standard, we have held that it is improper for a judge to make remarks of a racist nature even when the remarks are made out of court (Matter of Cerbone, 61 N.Y.2d 93; Matter of Aldrich v State Commn. on Judicial Conduct, supra;Matter of Kuehnel v State Commn. on Judicial Conduct, supra)."

Matter of Agresta, 64 NY 2d 327 - NY: Court of Appeals 1985 http://scholar.google.com/scholar_case?case=2861504756335364128

Shenon, Philip. "Judge Censured Over Racial Slur in State Supreme Court in Queens." N.Y. Times. July 13, 1984. http://www.nytimes.com/1984/07/13/nyregion/judge-censured-over-racial-slur-in-state-supreme-court-in-queens.html

Corsi's attempted defense of his statement of it not having been directed at an African-American person, and his excuse evidently only being made after the recording of his statement having been located... defensible? Persuasive?

Curiously, in both cases, it appears the remark was made by people charged with the responsibility of upholding the law and had been directed at police officers. Not being of a pre-Civil Rights Era generation, but having (I'm supposing) graduated from high school in the mid 1970s, where would he have even learned the expression and what it meant?

Another such judgment-lacking judge:

"Judge's remark was 'foolish.'" Yonkers Herald-Statesman. February 1, 1984: A8 col 1.

Aside from the one word being racist, recognition of the expression being racist goes back relatively far in time. One denouncement of it, incredibly, gave the perpetrator's street address and suggested that "drastic measures" be used, suggested that something "perhaps sanguinary" (violent, bloody, etc.) might happen. Not advisable, but it is remarkable that it was denounced in such strong terms almost 100 years ago.

"an insult to the colored people of this community […] Can you imagine how long the show windows of this novelty shop would remain out of harm's way if babies of the Irish race were so maligned and ridiculed? Or if the Jewish or Italian babies were held up to scorn would the people in the novelty shop be permitted to sell their wares without becoming involuntary principals in some exciting and perhaps sanguinary controversies? [ That shopkeepers in New York are brazen enough to prominently display on sale pictures such as […] is almost inconceivable, but it is being done, nevertheless, and the novelty shop at 1661 Broadway is not the only place in Greater New York where these pictures which grossly abuse our babyhood may be seen. The attention of the Society for the Prevention of Vice, which is active in the suppression of objectionable pictures, is directed to […] If the society fails to see any impropriety in the vulgar display of these misrepresentations, then drastic measures ought to be taken by the colored people of New York to see that they are removed from the public's view."

Walton, Lester. "Novelty Pictures." N.Y. Age. May 10, 1917 6 col 1.

I've looked it up, and I still don't quite grasp its meaning, and it seems to have more than one.

I'd thought its usage outside of the American south would have post-dated the Civil War. Nope. Just a couple examples of it or close variants:

"Olean Races." Cattaraugus Republican [Ellicottville, NY]. March 11, 1840. 2 col 4.

Northern Budget [Troy, NY]. June 7, 1847: 2 col 3.

The first uses it an an expression without comment. The latter at least implies it's an impolite expression, but states that it is "translated in polite parlance as 'An Ethiopian concealed in the angle of a wooden protection wall.' Oh! the progress of letters!" It's not quite clear whether that paraphrase is being complimented in some fashion or else sarcastically condemned, and whether it was actually being used "in polite parlance" or whether the item was meant to be a joke.

That the racist expression still survives some 175 years or so after its creation is quite discouraging. That a police chief in Delmar could use it and still be in office; I'm not sure that's proper, considering Delmar's history.

"'I realized Delmar was pretty white, but what I didn’t know was there was a conspiracy not to sell to Jews or blacks here at the time,' said Westbrook. 'I only just learned that recently, after the book [Integrating Delmar 1957: The Story of a Friendship] came out' [in 2011]."

Velte, Marcy. "Bridging the divide; Writers of book on Delmar’s first black family to hold discussion." Bethlehem Spotlight. April 24, 2012. http://www.spotlightnews.com/news/2012/apr/04/bridging-divide/?page=2

The book seems to be out of print, unfortunately, or else I'd link a bookstore. It doesn't seem to be on WorldCat, either.

Incidentally, the Town of Bethlehem's attitude about decades-old illegal dumping at the only Jewish cemetery in town seems to be "This is not something we get involved with," as code enforcement officer Gil Boucher wrote me. It might be the oldest community cemetery (as opposed to a family burying ground) in the town, having been established in 1839. It sadly looks like this: http://www.youtube.com/watch?v=hZzJOt-jotM. It needs help, obviously.

And this:

Lyons, Brendan and Jordan Carleo-Evangelist. "The fall of a police chief; Jim Tuffey was given the job of cleaning up Albany's streets. Now, he's out amid allegations that he used a racial slur." Albany Times Union. September 2, 2009. http://www.timesunion.com/local/article/The-fall-of-a-police-chief-545389.php

It's incredible to me in some ways that such stupid, offensive terms survive. Tuffey's choice epithet I think I'd only heard in a handful of movies that were set prior to the 1960s, not one I'd ever heard coming out of a person's mouth in real life - not even in the South. Maybe I just haven't moved in the wrong circles like Tuffey seemingly had.

The entire human race has a lot of evolution to do yet. Right now we're still not doing so great.

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