Pregnant Black activist serving 4 years for protest comments

[Nevilledog]

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Bruno J. Navarro
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Raising questions about free speech and equal justice, Brittany Martin, 34, was found guilty of breaching the peace in a high and aggravated manner over comments she made to police.

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nbcnews.com
Pregnant Black activist serving 4 years for protest comments
Raising questions about free speech and equal justice, Brittany Martin, 34, was found guilty of breaching the peace in a high and aggravated manner over comments she made to police.
2:15 PM · Sep 7, 2022

https://www.nbcnews.com/news/nbcblk/pregnant-black-activist-serving-4-years-protest-comments-rcna46453

COLUMBIA, S.C. — A pregnant Black activist serving four years in prison for her behavior at racial justice protests will have her sentence reconsidered as she struggles to reach her due date behind bars.

Raising questions about free speech and equal justice, Brittany Martin, 34, was found guilty this spring of breaching the peace in a high and aggravated manner over comments she made to police. Her lawyers have been pushing for a lesser sentence amid increasing concerns about her health and that of her baby, due in November.

Advocates with Black Voters Matter have been circulating a petition calling for her release. Civil rights attorney and former state lawmaker Bakari Sellers will tell the judge on Sept. 12 that the punishment is unjust.

“She’s in jail because she talked in America,” said Sybil Dione Rosado, her trial attorney. “She’s a dark-skinned Black woman who is unapologetically Black and radical.”

*snip*

[Hermit-The-Prog]

1. This while white insurrectionists walk free.

[uponit7771]

7. +1,

[gratuitous]

2. She said, "No justice, no peace" right in a cop's face!

What a monster.

[OneCrazyDiamond]

16. That's insane.

No justice no peace is a slogan not a threat. Who or what prosecutor/judge allowed this?


The ACLU should be all over this.

[gratuitous]

17. From the story

State law defines breachers of the peace as any disturbers, “dangerous and disorderly persons” or people who utter “menaces or threatening speeches.” But prosecutors presented the charge as a “high and aggravated” crime, which carries up to 10 years imprisonment. Rosado said Judge Kirk Griffin did not allow her to explain the distinction, and the possibility of a much stiffer penalty, to the jury.

Sounds like Judge Griffin withheld some rather important information from the jury. Martin was convicted of breach of the peace, a rather inocuous-sounding charge. What the judge didn't tell the jury was what the "high and aggravated" enhancement to the charge meant. I have no idea why this fine specimen of South Carolina humanity would not let the jury have that important information.

[live love laugh]

29. Piece of shit MF

[OneCrazyDiamond]

31. The prosecution too.

Sounds like they lobbed on extra "enhancements" as revenge for thin skinned police.

This is anti-justice.

[PhoenixRisingAgain]

20. I found additional information...

She was quoted as saying "No justice, no peace" but I guess she was alleged to have also said, ""Some of us gon' be hurting. And some of y'all gon' be hurting," Martin told officers. "We ready to die for this. We tired of it. You better be ready to die for the blue. I'm ready to die for the Black."

Admittedly that sounds pretty bad.

[gratuitous]

21. Martin did say that

Martin used stronger language days later.

“Some of us gon’ be hurting. And some of y’all gon’ be hurting,” Martin told officers. “We ready to die for this. We tired of it. You better be ready to die for the blue. I’m ready to die for the Black.”

But it was days later. I guess when the cops were super scared she might breach the peace again.

[PhoenixRisingAgain]

23. Admittedly it could be taken either way

I admit that this could be taken either way but if I heard a white person say that about the police (or anyone else for that matter) I would be concerned given the nature of our public discourse lately. I'm not ready to say that I fully endorse the sentence though, I like most other posters feel that this sentence may be excessive and probably warrants a revisitation.

[OneCrazyDiamond]

33. The State shouldn't criminalize her speech,

If its subject to interpretation like that. Yet they did anyway.

[RussellCattle]

3. Jeez, blue snowflakes. Who knew?

[Ferrets are Cool]

4. Those poor fucking insecure, god damned babies.

Compare her to what the American Nazi's are doing in our streets with NO consequences. It's becoming so hard not to hate this fucking place.

[OMGWTF]

14. I fking hate it here, too, but I'm old and have grandkids.

My niece moved to Talin, Estonia three years ago. I don't think she's ever coming back to the US.

[Ferrets are Cool]

22. I honestly do not blame her.

[ecstatic]

18. +1000. nt

[maxrandb]

5. South "fucking" Carolina

Ya' know, the first state to secede and fire on federal troops, and the one with the Senator who just last week called for riots and bloodshed in the streets

[purr-rat beauty]

6. Sounds like a MAJOR violation of her 1st Amendment Right for starters

If I do say so myself

[uponit7771]

8. +1,

[PhoenixRisingAgain]

24. I've always felt that way about disorderly conduct and breach of peace charges

I have always had a problem with how breach of peace and disorderly conduct charges are used.

They say that there's freedom of speech but that it has to be tempered with common sense, but they they say you can't use speech that is likely to cause other people to get violent...how am I responsible for other people's feelings? How is it my responsibility to know how people will react to what I say? I think it's a government work around against free speech.

[Leith]

9. They threw her in jail

for being black and angry.

Frankly, I don't see how blacks (and most other people) can keep from not being angry. The US is a fucking mess and it doesn't have to be this way.

[jaxexpat]

10. Everyone knows that the number one priority in police officering.....

Is controlling the situation at the scene. In South Carolina that's interpreted in the long tradition of southern gentility as the n____r shall not talk disrespectfully to LEO's. EVER!

[onecaliberal]

11. But the fucking pigs who broke into the Capitol get a slap on the wrist because "they didn't do

anything" This country is such a shithole.

[iluvtennis]

13. Yep...two forms of"justice" in this country. n/t

[PhoenixRisingAgain]

25. Actually...

I've heard that several insurrectionists have received multi-year sentences.

[onecaliberal]

26. Maybe the ones who participated in conspiracy or attacked law enforcement.

These people simply were speaking, so, no. No fucking comparison. Not on the same planet.

[PhoenixRisingAgain]

27. Well of course it was the ones who participated in a conspiracy or an attack on LE

It was the ones who participated in the most violent and important roles, yes, but I did find it heartening that those who were truly found guilty were given stiff sentences. I wouldn't want to hear about someone who participated in a smaller way being unfairly sentenced because even though they're them and we're us I want to be consistent about harsh sentences...that's what this thread is about, right? Unfair sentencing? No?

[onecaliberal]

28. With all due respect, two years isn't shit for insurrection. I notice again you fail to address

How a black woman saying words is equal to these asswipes getting a few years for breaking into the US Capitol to STOP the peaceful transfer of power.

[PhoenixRisingAgain]

32. I can understand why you're emotional over this very dire issue

I think it's fair to say we've all been through quite a lot over the course of the last 4 or 5 years and I can tell that something I've said has stirred some very deep and meaningful emotions in you, and I want to validate that before I say anything else. We've all had our bodies on the line and survived some very consequential times and events. It's natural to feel strongly and to speak strongly, I get that.

When a person uses speech that manifests their intent to physically harm someone else's body that's more than just words. It's wrong when republicans do it, it's wrong when abusive partners do it, and it's wrong when someone does it to the police. Even if they are police.

I haven't been here too long but I came here because discourse on the standard websites often devolves into what I'm seeing in this thread, an exercise in rationalization and "yeah, but that's different when XXXXX".

It's not different. It's the same thing. You can't say words that place another in person in reasonable fear for their safety. That's not who we should be.

As far as the sentencing discrepancy, I would be interested in knowing how the judge arrived at that number.

[onecaliberal]

34. Thanks for mansplaining. I'm betting you have no clue what the lady said.

Trump threatened people who went before the j6 coMmittee. Republicans threaten people all over the country for not going along with their psychotic plans for ripping off elections. That includes the tangerine tick, who threatened election officials, which is a fucking crime. They literally beg people daily to go kill FBI agents, so again. Spare me. The two tier legal systems can fuck off along with everyone who supports it. Enjoy the dust bin.

[PhoenixRisingAgain]

35. I will not enjoy any dustbins, thank you.

I'm kind of hesitating to say anything else because I can tell that you are in an emotional space right now and I don't want you to continue to say things that are, well, kind of ignorant and well...terrible.

In case you honestly aren't aware of what was alleged to have been said it's posted in the thread above. The exact quote was said to have been, "Some of us gon' be hurting. And some of y'all gon' be hurting," Martin told officers. "We ready to die for this. We tired of it. You better be ready to die for the blue. I'm ready to die for the Black."

The parts that seemed to be most troubling were the parts in which she said, "You better be ready to die" and "...some of y'all gon' be hurting." Now, when it's a powerless (female, African-American) person saying this to a very powerful member of the law enforcement community it's easy to lose sight of the idea that this could be considered a threat, but even cops have to worry about being hurt; they're not invincible.

To gain additional perspective on how this might be considered a threat, imagine if a white person said this to a minority. If a white person said this to a minority I think we would all agree that the white would be getting off easy with a 4 year sentence. Or imagine if you saw a transwoman being told this by some big bro-jock, wouldn't you want to immediately act as an ally for that person? Wouldn't you want to support them and hold space for them?

This is the real question: If you found out that Donald Trump said those words to a police officer and he got a four year sentence out of it, would you say that the sentence he was given was excessive?

Think about it. Don't just react in anger and immediately start typing out another insulting post. Instead sit with it for a while and think about it, and then respond.

[PhoenixRisingAgain]

37. OKay I waited a day

I waited a day because I've learned not to just say whatever comes to mind when I'm angry.

I'm betting you have no idea what gender I am. I don't recall telling ANYONE on here what my gender or pronouns are, yet there you go insulting me BY gender. What if I was assigned man at birth, and what if I realized at some point that that wasn't correct. And then what if I had to screw up the courage to make some decisions related to my gender that rearranged my ENTIRE life. I lost family members over this, and I have good days and bad. You know what makes for a pretty bad day? Being misgendered by someone I HAVE NEVER EVEN MET! Being "guessed" as what I've worked so hard to put in my past based solely on what I've said?

I agreed to a lot of terms of service when I created this account and I never imagined that I would have to deny my true self in order to abide by them. So, I will not call you any of the choice things I have in my head because I like this account and this place.

You are not the good person you believe yourself to be.

[Scrivener7]

38. There's a sea lion in the house.

[TeamProg]

12. WTF ??!!! Who determined THAT sentence?? David Duke? n/t

[OMGWTF]

15. FTP. That is all.

[PhoenixRisingAgain]

19. Is there a direct citation of what she said to them?

Four years seems pretty high, is there some kind of direct citation with the words that she was prosecuted for saying?

[live love laugh]

30. What about what ** said; what Lindsay said?

[mopinko]

36. ya know, i know biden isnt supposed to meddle at doj, but he can set standards

and tell them to address certain issues.
he should have a sit down w garland and put a stop to violations of the 1st amendment.