Revealing the Race-Based Realities of Workforce Exclusion

Posted in Articles, Caribbean/Latin America, Law, Media Archive, Social Science on 2016-04-05 00:27Z by Steven

Revealing the Race-Based Realities of Workforce Exclusion

NACLA Report on the Americas
Volume 47, Number 4 (Winter 2014)
pages 26-29

Tanya Katerí Hernández, Professor of Law
Fordham University

Advocates in the fight against poverty in Latin America often center class above race as the factor that most determines Afro-descendants’ life-chances. But a growing movement is setting the record straight.

Believing that the black population will be able to reach basic equality independently from what happens with the rest of poor Colombians, within general social policy, or economic growth…is dreaming in a vacuum,” said sociologist Daniel Mera Villamizar in a 2009 El Tiempo column on the Colombian government’s workplace affirmative action measures. Mera continues: “To resolve the historic ambiguity between racism and classism…by saying that race is the determining factor, is to buy a ticket to a conflict we don’t even know.” As critics of the column noted at the time, Mera’s words were at odds with many of the demands of the growing movements for racial justice across Latin America that have proliferated over the past 15 years. These groups are engaged in the fight to raise awareness of the ways race-based discrimination in Latin America cannot be sufficiently explained by the analyses—touted by many advocates and organizations engaged in anti-poverty struggles—that class is the determining mechanism of social and economic marginalization.

There are approximately 150 million people of African descent in Latin America, representing just over 30% of the total population and more than 40% of the poor. Advocates for racial equality in Latin America testify statistically and anecdotally to the fact that Afro-descendants face the frequent perception that they are undesirable elements of society, and are marginalized in politics, media, public life, the job market, and education systems. Mera’s call to avoid conflict by holding up class above race as the most salient factor in determining the life-chances of Afro-descendants echoes the notion—still widely held in much of Latin America—of the “myth of racial democracy.”

Increasingly critiqued over the past 20 years, the myth holds that Latin America’s racial mixture (mestizaje/mestiçagem) creates racial harmony and inherently guards against racial discord and inequality. This denial of racism is often rooted in a belief system that contrasts itself to the history of Jim Crow legislation in the United States. There is no more important place to understand the persistence of race-based marginalization in Latin America than in the increasingly well documented practices of labor market discrimination…

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Britain’s first black female High Court judge opens up about racism at the bar

Posted in Articles, Biography, Law, Media Archive, United Kingdom, Videos, Women on 2016-04-02 21:02Z by Steven

Britain’s first black female High Court judge opens up about racism at the bar

Legal Cheek
London, United Kingdom
2016-03-30

Katie King, Reporter

Clerks would Tippex out her name on briefs and write in the name of male pupil they wanted to be the tenant

Dame Linda Dobbs has exposed shameful incidents of racism and sexism at the bar, particularly from her own clerks, in a revealing interview for the First 100 Years project — an ambitious video history which aims to highlight and celebrate the achievements of female lawyers in a profession long dominated by men. The extent of that domination is starkly revealed by the project’s timeline:…

…In the video the Sierra Leone born judge, and University of Surrey grad, recalls that attitudes to women in the profession were very different when she was called to the bar in 1981. One major hurdle for the now 65 year-old was the attitude of the many solicitors who did not want to instruct a woman, either because they, or, more likely, their client, considered them to be inferior…

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AmbryShare Restores Genes to the Public Domain

Posted in Articles, Health/Medicine/Genetics, Law, Media Archive, United States on 2016-04-01 21:24Z by Steven

AmbryShare Restores Genes to the Public Domain

The Huffington Post
2016-03-29

Amal Cheema, Biochemistry and Political Science Student
Wellesley College, Wellesley, Massachusetts

“As a stage four cancer survivor, I find it shocking that public and private laboratories routinely lock away vital genomic information. That practice is delaying medical progress, causing real human suffering, and it needs to stop.” —Ambry Genetics CEO and founder Charles Dunlop

In its purest form, science seeks to determine how the world works and endeavors to improve the human condition. Yet, the current culture of research undermines this value-system, as institutions across the nation look for ways to capitalize on discoveries. The commodification of information, particularly of the genome, hinders innovation and prevents the discovery of novel drugs and cures., researchers can either seek revenue for their underfunded research or ensure the accessibility of scientific knowledge, but they can’t do both.

It’s not clear whether academic solidarity will prevail, universities increasingly rely upon licensing revenues and keep information proprietary. Although genes can no longer be patented in the U.S. due to the 2013 Supreme Court case, Association for Molecular Pathology et al. v. Myriad Genetics, most researchers perceive little benefit in sharing raw data. They silo their work and therefore, hamper innovation. The solution to this roadblock lies in the new, remediating, and open-access genomic libraries.

Ambry Genetics (Ambry), a leading genetics company, recently revealed its bypass to closed-door labs and patented information. It created a genomic library, AmbryShare, making the DNA data of 10,000 people available online to the public. And it’s the first private company to do so. While Ambry retains copyright, researchers now can easily download the data for free and investigate the genetic determinants of disease…

…Yet AmbryShare is not without its critics. Some fear that the database will lead to false positives and privacy breaches. Bioethicists like Dorothy Roberts of UPenn Law worry about false positives, such as race-specific gene differences. Roberts asserts that society has politically constructed race without a biological basis, and that researchers could support racism by misattributing differences in the genome as evidence of race. Scientists can address this concern by removing the race question from patient profiles…

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What Is Critical Race Theory?

Posted in Articles, Campus Life, Law, Media Archive, United States on 2016-03-27 16:31Z by Steven

What Is Critical Race Theory?

Harvard Magazine
2016-03-22

Marina Bolotnikova


Khiara Bridges Photograph courtesy of Khiara Bridges

RACIAL-JUSTICE ACTIVISTS at Harvard Law School (HLS) won one of the largest public battles over the school’s legacy this month, when the administration agreed to abandon the existing HLS shield. The shield was modeled after the crest of the slaveholding Royall family, whose fortune endowed Harvard’s first law professorship; the shield’s removal was the first of a list of demands issued in December by student group Reclaim Harvard Law School. But HLS has not, so far, acted on the group’s larger, more controversial demands—among them, creating a program in critical race theory, a legal-studies movement with origins at Harvard in the 1970s.

On Monday night, Reclaim HLS hosted a critical race theory teach-in by Khiara Bridges, an associate law professor at Boston University, modeled on how she teaches first-year criminal law. “We’re not pretending that we’re disconnected from the real world,” Bridges said as she opened her presentation, alluding to one of the motivating goals of critical race theory: to link activism with academics. The event took place in the student lounge of Wasserstein Hall, which members of Reclaim HLS have occupied for the last month to create opportunities for learning and discussion, and to bring visibility to their demands…

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What an 1887 murder and dismemberment tells us about race relations today

Posted in Arts, History, Law, Media Archive, United States, Women on 2016-03-24 00:24Z by Steven

What an 1887 murder and dismemberment tells us about race relations today

The Philadelphia Inquirer
2016-02-17

Samantha Melamed, Staff Writer

On the freezing-cold morning of Feb. 17, 1887, a Bensalem carpenter walking by an ice pond noticed a parcel wrapped in brown paper and marked “handle with care.” Inside, he found a male torso of indeterminate race. The limbs and head were nowhere in sight.

So begins Hannah Mary Tabbs and the Disembodied Torso, the new book by historian and African studies scholar Kali Nicole Gross.

It’s the type of tale you don’t often hear during Black History Month: the biography of an antiheroine who made her way in the world through violence, deception, and adultery. It’s also a true-crime story told nearly 130 years after the fact—culminating in the century-late exoneration of a man who, Gross argues, was framed for murder.

Most of all, the story of Tabbs, the Philadelphia woman who left the torso by the pond in the first place—and of Wakefield Gaines, her victim and much-younger lover, and George Wilson, the “weak-minded” 18-year-old she accused of the crime – is an encapsulation of issues that resonate today, of racial bias in policing, coerced confessions, and unreliable eyewitnesses.

“Tabbs’ story sheds this unprecedented light,” Gross said, “into just how long these issues around urban crime and police brutality have been around in our society.”

Gross, 43, a professor at the University of Texas-Austin, began the work eight years ago, while she was living in Philadelphia. (She attended graduate school at the University of Pennsylvania and taught at Drexel University.)…

…In uncovering the story, she shed light on the tense race relations of the time: Tabbs’ vulnerable place under the law as a black woman, and Wilson’s still-more-tenuous status as a light-skinned interracial man.

“People were very concerned about black people infiltrating white society. Wilson is really the sum of all fears,” Gross said. “Police home in on him despite the fact he had no real motive.”

Wilson, known to be “dim” and impressionable, was beaten in custody—until, Gross concludes, he made a false confession. (He was sentenced to 12 years in solitary confinement.)…

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Six-year-old taken from California foster family under Indian Child Welfare Act

Posted in Articles, Family/Parenting, Law, Media Archive, Native Americans/First Nation, United States on 2016-03-23 22:37Z by Steven

Six-year-old taken from California foster family under Indian Child Welfare Act

The Guardian
2016-03-22

The Associated Press in Santa Clarita, California

Lexi, who has lived with the foster family for years, was removed by a court order which says her Native American heritage requires her to live with Utah relatives

A six-year-old girl who spent most of her life with California foster parents was removed from the home under a court order that says her Native American blood requires her to live with relatives in Utah.

Lexi, who is 1/64th Choctaw on her birth-father’s side, cried and clutched a stuffed bear as her foster father Rusty Page carried her out of his home north of Los Angeles to a waiting car on Monday. Los Angeles County social workers whisked her away…

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Who is Black? Who is Indian? State/Federal Acknowledgment and the Politics of Racial Purity

Posted in Law, Live Events, Media Archive, Native Americans/First Nation, United States on 2016-03-16 20:46Z by Steven

Who is Black? Who is Indian? State/Federal Acknowledgment and the Politics of Racial Purity

Arizona State University
West Hall, Room 135
Tempe, Arizona
2016-03-21, 16:30-18:00 MST (Local Time)

Arica Coleman, adjunct lecturer, Center for African Studies, Johns Hopkins University African and African American History, Widener University, will discuss the politics of racial purity in state and federal acknowledgement policies for American Indian populations with known or perceived black ancestry. Racial purity, as first defined by whites and later adopted by many tribal nations, means the absence of blackness, and remains an implicit aspect of the state and federal acknowledgement processes. It has proven troublesome to many tribes in the East where extensive interracial intimacies among blacks, whites and Indians occurred. Using case studies, Coleman will focus on the questions, how do notions of racial purity affect state and federal acknowledgement processes? How has it influenced historical and contemporary views of the social phenomena of Black–Indian relations, Black–Indian familial ties, and “Black Indian” identity?

This lecture is part of the African and African American Speakers series and is also sponsored by the Center for Indian Education in the School of Social Transformation.

For more information, click here. View the flyer here.

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Fr. Virgilio Elizondo Takes His Own Life

Posted in Articles, Biography, Law, Media Archive, Religion, Texas, United States on 2016-03-16 15:25Z by Steven

Fr. Virgilio Elizondo Takes His Own Life

The Rivard Report: Urban. Independent. All About San Antonio.
San Antonio, Texas
2016-03-14

Robert Rivard, Director

Fr. Virgilio Elizondo, one of San Antonio’s most accomplished and beloved Catholic priests whose work brought him recognition in Latin America and Europe and an esteemed faculty position at the University of Notre Dame, died of a self-inflicted gunshot at his home Monday afternoon, according to sources in the Catholic community.

The Bexar County Medical Examiner ruled Elizondo’s death a suicide on Tuesday.

Friends spoke of being devastated and in disbelief as the news made its way through Elizondo’s large circle in the city. Elizondo, 80, a Westside native and the son of Mexican immigrants, became a beacon for Catholics and non-Catholics inspired by his deep appreciation of mestizo history, culture and spirituality. His own roots gave him a grounded understanding as a theologian of what the poor and oppressed throughout Latin America were experiencing under the rule and repression of military dictatorships in the 1960s, 70s and 80s. For Elizondo, liberation theology that swept the continent in those decades was one and the same with his mestizo-rooted theology…

…He served as rector of San Fernando Cathedral in the late 1980s and early 1990s and was credited with resurrecting the parish community there. His understanding of the power of media led him to do extensive work with the archdiocese’s television station, and his Spanish-language Mass at San Fernando was broadcast each Sunday to more than one million people throughout Latin America. He was a co-founder with then-Archbishop Patrick Flores of the Mexican American Cultural Center in San Antonio and a strong advocate for the city and region’s working poor. He was fond of telling stories about his own happy childhood and close-knit family, poor in material goods, rich in spirit and faith.

Elizondo was named secondarily in a May 2015 lawsuit filed by a John Doe in Bexar County that accused Jesus Armando Dominguez, then a student at Assumption Seminary here, of sexually molesting him from 1980-83 while the boy lived at a local orphanage and was mentored by Dominguez. In the lawsuit, the John Doe claims he approached Elizondo to report the molestation, only to be kissed and fondled by him while the two were in a vehicle together. Elizondo vigorously denied the charges in a public statement and in conversations with friends, and said he was prepared to fight the allegation legally…

…Woodward, a Notre dame graduate, was a friend of Elizondo and Fr. Theodore Hesburgh, who served as president of Notre Dame from 1952-1987. He said it was a world that welcomed Elizondo. Despite his own humble beginnings, Elizondo learned to speak multiple languages and lectured widely on three continents. He authored numerous books, including “The Future is Mestizo” in 1992; “Guadalupe: Mother of the New Creation” in 1997; and “Galilean Journey: The Mexican American Promise” in 2000. His books remain in print, often assigned by theology professors at other major universities…

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“Race Is Not a Determinative Factor”: Mixed Race Children and Custody Cases in Canada

Posted in Articles, Canada, Law, Media Archive on 2016-03-16 01:20Z by Steven

“Race Is Not a Determinative Factor”: Mixed Race Children and Custody Cases in Canada

Canadian Journal of Family Law
Volume 29, Number 2, 2015
pages 309-

Susan B. Boyd, Professor Emerita of Law; Fellow of the Royal Society of Canada
Peter A. Allard School of Law
University of British Columbia, Vancouver, British Columbia, Canada

Krisha Dhaliwal
University of British Columbia, Vancouver, British Columbia, Canada

Statistics suggest that an increase will occur in the number of custody disputes involving mixed race children in Canada. This article considers the extent to which the fact that a child is mixed race factors into child custody determinations, and how courts consider it. It also discusses whether considering a child’s mixed race heritage is helpful in the child-custody context. The article first explains the use of “race” and “culture” in the Canadian context, then reviews the literature on mixed race children and the law, before examining legislation on the “best interests of the child.” The focus of the paper is an analysis of reported Canadian custody cases in which a child’s mixed race heritage was mentioned in the written judgment, both before and after the leading case, Van de Perre v. Edwards. The case-law analysis considers questions such as judicial racism, “race-matching,” and how race and culture are weighed against other factors relevant to a child’s best interests. The conclusion offers suggestions for how courts should deal with custody disputes over mixed race children, based on trends identified in the case law. While racialized parents are not inevitably best suited for primary custody of mixed race children, it is key for any parent seeking custody to demonstrate their ability to foster the healthy development of a child’s multifaceted identity. More directive legislative language might be useful in order to ensure that at least some judicial attention is paid to race and culture. Finally, taking judicial notice of the relevance of race would also be helpful in acknowledging the persistent existence of racism in Canadian society, as would a more diversified Canadian judiciary.

The number of mixed race couples is on the rise in Canada; they constitute 4.6 per cent of all married and common-law couples, up from 2.6 per cent in 1991 and 3.1 per cent in 2001. 2 Although not all couples conceive children and not all children are raised in couples, these statistics suggest that the legal system is likely to see more custody disputes involving mixed race children in the future. Some such disputes have, of course, already come before the courts. In such cases, it is sometimes argued that a visible minority parent may be better able to deal with the child’s experiences of racism or that race should at least be a factor that must be considered in determining the best interests of a child.

This article examines the extent to which the fact that a child is mixed race makes a difference, or should make a difference, in the determination of legal disputes about parental rights and responsibilities or custody, 3 and, if so, how. In order to better understand the issues that arise in such cases, we reviewed literature on mixed race children and law, as well as legislation on the best interests of the child. The heart of our study, however, is an analysis of reported Canadian custody cases where a child’s mixed race heritage was mentioned in the written judgment. In our search for both cases and for literature, we included mixed race children with Aboriginal heritage. Some of the…

Read or purchase the article here.

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Story Of A Criminal

Posted in Articles, Asian Diaspora, Law, Media Archive, United States on 2016-03-13 22:55Z by Steven

Story Of A Criminal

The Indianapolis Journal
Indianapolis, Indiana
Sunday, 1894-06-17
page 16, columns 1-2

How Green Goods Men Are Protected by Gotham Police.

Tale of Iniquity Unequaled In the Annals of Municipal Corruption—Testimony of George Appo.

NEW YORK, June 16. During the past week the Lexow committee opened up an entirely new line of inquiry on the subject of police protection to the “green goods” business. The principal witness was George Appo, a half-breed Chinaman, son of Quimbo Appo, who is serving a life sentence in Sing Sing for murder. George Appo Is thirty-six years old and he has been a criminal from his early youth, having spent much of his time in prison. His principal occupations have been picking pockets and “steering guys” for green-goods swindlers.

The testimony of Appo was listened to with unusual attention and interest. The witness is a remarkable person, to begin with, and he described in detail the business of the “green goods” swindlers who have been protected in this city by the police. Appo is the son of a white woman and of Quimbo Appo, the Chinaman who committed a shocking murder in the city years ago and is now serving a term of life imprisonment for the crime. Under the name of George Leonard, the witness was sent to prison when only eighteen years old for picking the pocket of Alfred Gilbert, a custom house inspector, and at that time his photograph was placed In the rogues’ gallery as No. 1441. He had previously served a term in prison, and since then he has been in prison several times.

Appo is a small, wiry man, with dark and sallow complexion, black hair and clean shaven face. He has been a desperado as well as a thief, and there are several ugly scars on his face which tell of bloody encounters. He has a glass eye In place of the right optic, which was shot out in Poughkeepsie two years ago. The police have often spoken of him as one of the worst criminals in the city. His calling in recent years, when he has not been inside prison walls, has been that of a “steerer” for the “green goods” game.

When Appo took his seat In the witness chair, Senator Lexow said to him that he had nothing to fear as to his testimony if he told the truth, but if he did not tell the truth he would be liable to punishment for perjury. In reply to questions by Mr. Goff, the witness said that he was thirty-six years old and was born in New Haven, Conn., but was brought to this city when he was only two months old. He was unfortunate when he was a boy, and he was arrested for picking pockets when he was sixteen years old. He was sentenced to prison for two years and six months by Recorder Hackett, and he was so small at the time that there was not a suit of clothes in the prison small enough to fit him.

Nine months after he had served his time he was sent to prison again for the same offense, the same sentence being passed upon him by Judge Gildersleeve. The third time he was sent to prison for picking pockets he got a sentence of three years and six months from Recorder Smyth. He was caught picking pockets again in 1889, but got off with a year in the penitentiary. He also served a term of seven months in a Pennsylvania jail for picking pockets.

Question by Mr. Goff—Have you been engaged in what is known as “crooked business” in this city? A.—The “green goods” business has been my principal business in late years.

Q.—Please explain to the committee the nature of that business? A.—Circulars are sent out stating that duplicates of the genuine money have been printed from the same plates.

Q.—Well, let us understand who are the persons who are engaged in the business. Who is the backer? A.—He is the old gentleman, the man with the bank roll. He has the real money which is shown as “green goods.”

Q.—Who is the “writer?” A.—He is the man who sends out the circulars.

Q.—And the “steerer,” who is he? A.—He Is the man who goes after the people who come In answer to the circulars.

Q.—You mean the men who are swindled. What is the victim called? A.—He is called the “guy.”

Q.—He comes from the backwoods? A.— Yes, and from the cities and towns all over the country.

Q.—Who is the ‘ringer?” A.—He is the man behind the partition who takes the good money which is shown and puts a brick in place of it.

Q.—And the “turner,” who is he? A.—He is supposed to be the son of the old gentleman. He sells the “green goods” and then places it within reach of the “ringer.”

Q.—Then there is the “tailer,” who is he? A.—He is the one who follows the victim after the game is played and sees him safely out of the city.

Q.—What is the place called where the game is played? A.—The “turning Joint.” It is usually an empty store in which is a desk with a shelf and a partition behind it.

Q.—How are the victims brought to the place? A.—They are directed to go to a hotel in Poughkeepsie or Fishkill on the Hudson River, or to some place in New Jersey about fifty miles from New York, where they are met by the “steerer,” who takes them to this city and leads them to the “turning joint.”

Q.—What division is made of the money taken from the victims? A.—The writer gets 50 per cent, and the backer gets 50 per cent. They pay the other men. The “steerer” gets 5 per cent. The “turner” gets $10 and the ‘”ringer” and “tailer” get $5 in each case.

Q.—How do the “writers” get the names and addresses of persons to whom the circulars are sent? A.—From the mercantile agency lists mostly.

Q.—What do the circulars contain? A.—They say that duplicate issues of money have been obtained, and the victims are asked to answer by telegraph. A bogus newspaper clipping is sent with the circular stating that the money cannot be told from the genuine money. A record is kept of each man to whom a circular is sent. If the record is “John Howard. No. 106,” the man is told to sign a telegram “J. H. 106.” If the writer gets an answer from that man he reports a “come-on.” Then instructions are sent to the man, telling him the hotel to which he must go to meet the messenger.

Q.—Are instructions cent by mail? A.—Yes, but the answers must always be sent by telegraph.

Q.—How are the telegrams sent to the right address? A.—Any address may be given, but the telegraph operators under stand the meaning of the messages and send them to the right address.

Q.—How does the “steerer” know how to meet the right person? A.—He has a password. It may be “speedy return” or “good luck.”

Q.—When the victim is taken to the “turning joint” what is the mode of operation there? A.—A large sum of good money is shown to him as “green goods” and he is allowed to examine it. If he agrees to buy it the “turner” places it in a box or satchel on the shelf behind the desk. The old gentleman sits by as a matter of form, but says nothing. Then the “turner” says he will make out a receipt, and he lifts the lid of the desk, which shuts the box on the shelf from view for an instant. There is a panel in the partition, and when the lid of the desk comes down the “ringer” has changed the box with the money for a box with a brick in it.

Q.—What is done with the victim then? A.—He is sent home with the brick. The “steerer” puts a scare into him and tells him that he must keep quiet until he gets home. He tells him that the country near the city has been flooded with the “green goods” and that he may get fifteen years in jail if he is caught with any of it here. The “steerer” usually carries the box to the station and sees the victim safely on the train, while the “tailer” follows them. When the victims are on the cars again they are allowed to go. They seldom come back. If they do the “tailer” pretends to be an officer and scares them by telling them they can be sent to jail. He tells them that the are as bad as the men who got their money and the best thing they can do is to go back home.

Q.—At what rate is the pretended sale of “green goods?” A.—The least sum take from a victim is $300, for which he is told he is to get $3,000 In “green goods” and also $250 in the same goods for expenses in travel.

Q.—Did you ever know of a victim who came back being taken to a police station to have at scare put into him? A—I know of such a case, but I do not want to in—criminate a friend, and I will not tell about it.

Q.—Tell about it in a general way without mentioning names. A.—I brought a man from Philadelphia on a Sunday morning and took him to a hotel until I could take him to the “turning joint.” He was a marshal from Tennessee and he had been here before, but I didn’t know that then. When I took him to the room where the “turner” was waiting he said he had $80 to invest and wanted $15,000. The “turner” said that the safe was locked and could not be opened, but the money would be sent by express. He showed $85 as samples of the goods. The man took the money, stuffed it into his pocket, pulled a revolver of forty-eight calibre and pointed it at the “turner.” I got the revolver away from him and passed it to the “turner” who ran out. The “ringer” also ran, leaving me alone with the man. I picked up a spittoon, but he drew a bowie knife and cut me across the hand. (The witness displayed a scar in proof of the story.) Then the man ran after the “turner” and caught him in the street, but a policeman took them both to the station. They were both let go at the station and the man went back home. I was not arrested.

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