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Never Forgiven

Khalil A Cumberbatch

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Never Forgiven

Recently Hollywood actor Mark Wahlberg (The Departed, Transformers, The Gambler) applied for a pardon to the State of Massachusetts Executive Office of Public Safety, for felony assault charges he was convicted of in 1988.

This has garnered publicity from newspapers and media outlets from all across the globe, including CNN, Time, L.A. Times and many others. Undoubtedly, this exposure is primarily because of his superstar status; however, there is a very troubling covert message being perpetuated in conjunction with Mr. Wahlberg’s application. That message is that a person with a felony conviction is NEVER forgiven.

 Never Forgiven 

This was boldly stated in Time’s article titled, “Mark Wahlberg Should Not Be Pardoned”. Now, I’m not a huge Mark Wahlberg fan. I have watched his movies and like some of them, but, this is really bigger than him. Pulling away from the fame that his name brings to the story, I hear media outlets, Time magazine for one, saying: no matter what you do in your life, no matter how long you’re imprisoned, no matter how much you pay in taxes, no matter how many lives you inspire and change, no matter how successful of a business owner you become, even if you are a productive and law-abiding citizen, no matter how big of an advocate for issues ranging from domestic violence, at-risk youth, spinal injury and youth homelessness you become, it is NEVER enough.

The idea of once a “felon” always a “felon”, is what has denied millions of men and women  from full citizenship by revoking voting rights, diminished gainful employment opportunities, obtaining certain licenses, some forms of public assistance including public housing, etc.

 

One article in the Boston Globe written by Adrian Walker called Mr. Wahlberg a “former Dorchester punk” referring to the impoverished neighborhood in which Mr. Wahlberg grew up in and, incidentally, was convicted of the charges against him. What is not mentioned is the socioeconomic issues that have and continue to plague low-income communities such as Dorchester (nicknamed “Deathchester” by some residents), that have led countless young men and women (predominantly of color) to make foolish decisions that can lead them down the never-ending road of criminal justice involvement.

Furthermore, the idea that one is always held responsible for one frame in the movie called “my life” is illogical. Or maybe it is too logical. Maybe it is too practical to conceive that someone, anyone, with criminal justice involvement should be given a chance to transcend past their previous inhibitions.

Then there is the issue of double standard. Mr. Walker writes in his article, “Before any other steps are taken, Mark Wahlberg needs to find every single one of his victims and apologize.” I wonder if the writer would request the same from Dick Fuld (former head of Lehman Brothers), Alan D. Schwartz (former head of Bear Sterns),  Stanley O’Neal  (former chairman of the board of Merrill Lynch), three of the lead figures involved in the corruption that led to subprime mortgage crisis that drove the entire economy into a recession. Before they applied for their next multi-million dollar positions it would be interesting to see how long it would take them to apologize to the millions that they negatively impacted. Such a concept would be considered to be ludicrous.

Mr. Wahlberg is a “convicted felon” while these men have never had criminal charges brought against them; however, I say being convicted of a felony is less dangerous than possessing a felonious mentality and never being held accountable for it. The level of “moral turpitude” was unprecedented and perverse in the housing market bubble, yet there are millionaires who walked away from that debacle literally unscathed while most of whom the many Americans directly or indirectly impacted by their actions would not be able to pick out of a line.-up. The rhetoric that Mr. Wahlberg or the millions of Americans with felony convictions do not deserve a chance to move past their past is ridiculous and without warrant.


The reality is that Mr. Wahlberg stands in a good position to gain the pardon that he is applying for. His money, resources and influence allows him to have access to a level of privilege that most people with felony convictions do not have. As an advocate for formerly incarcerated individuals and being formerly incarcerated myself, I would say he deserves that chance. Not because he is Mark Wahlberg, the Hollywood actor; instead,  because he has established, through his actions, that he is today a man that he was not on April 8th, 1988. If only the millions of other Americans with felony convictions could be afforded the same luxury.


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Khalil A. Cumberbatch is a nationally recognized formerly incarcerated advocate for criminal justice and deportation policy change.

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Crime & Justice

Paramedic involved in Elijah McClain’s death sentenced to probation, work release and community service

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

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Jeremy Cooper paramedic and Elijah McClain
Elijah McClain and Jeremy Cooper (CBS News)

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

Paramedic Jeremy Cooper sentenced

He had faced up to three years in prison but was sentenced to four years probation, 14 months of work release and 100 hours of community service.

Cooper and another paramedic, Peter Cichuniec, were found guilty of criminally negligent homicide in December in the death of McClain, 23, who was subdued by police and injected with ketamine on August 24, 2019.

Both paramedics had pleaded not guilty to the felony charges. Cichuniec was sentenced in March to five years in prison, the minimum.

Police stop turns fatal

McClain was walking home in August 2019 when the 23-year-old Black man was confronted by police officers who forcibly restrained him. When Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec arrived, they injected him with ketamine.

He went into cardiac arrest in an ambulance a few minutes later and died three days after that.

The McClain family sued the city of Aurora for Elijah’s wrongful death and received a $15 million settlement.


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Crime & Justice

Honor student killed by stray bullet while visiting Delaware State University

A shooting at Delaware State University has claimed the life of 18-year-old honor student Camay Mitchell De Silva.

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Camay Mitchell De Silva
Camay Mitchell De Silva

Camay Mitchell De Silva, of Wilmington, Delaware, was shot and killed Sunday, on the Delaware State University campus.

The 18-year-old was visiting her best friend, a Delaware State student, when the tragic shooting occurred.

She was an honor student

De Silva was a 2023 graduate of Concord High School who graduated with a 3.0. She spent her first semester of college at Morgan State University in Baltimore but decided she wanted to come home to Delaware.

She then attended Delaware Technical Community College and planned to attend DSU in the fall to pursue a degree in Computer Science, with the goal of working in cybersecurity.

De Silva often hung out on campus with her best friend to get comfortable before attending DSU.

Delaware State shooting

The family said De Silva was visiting that friend at DSU on Saturday, April 20, and attended a party on campus that night. Around 1:40 a.m. on April 21, DSU Police received a report of shots fired on campus. The responding officers found De Silva in a residence hall suffering from a gunshot wound to her upper body. The officers administered aid and then took her to a nearby hospital where she later succumbed to her injuries.

Police say De Silva was not the intended target. Dover Police Department Chief Thomas Johnson Jr. told NBC10 there was a dispute that she was not involved in and she was hit by a stray bullet.

The suspects were seen fleeing the area and no arrests have been made, said authorities.

Dover Police released a statement from De Silva’s family requesting time to grieve and to plan for her celebration of life.

De Silva and Mitchell family statement

Photo Source: Dover Police Department Facebook)

They also said they pray for and support the DSU community, law enforcement and the local community as they are “forced to manage this tragedy.”

Delaware State shooting investigation

Dover Police are still pursuing leads in the fatal shooting of Camay Mitchell De Silva.

Anyone with information is asked to contact detectives at 302-736-7130 or reach out to Delaware Crime Stoppers at 800-TIP-3333.


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Crime & Justice

Exonerated man on a mission to rebuild his life

C.J. Rice, a man who served more than 12 years behind bars for an attempted murder he was falsely convicted of, was officially exonerated on March 18, 2024. He is now on a mission to rebuild his life.

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CJ Rice Charles CJ Rice Exonerated
Charles "CJ" Rice (Photo Source: CNN)

Charles “CJ” Rice was just 17 years old when he was convicted of a crime he did not commit.

CJ Rice Exonerated

Now 30 year old Rice is using the injustice of the last 13 years to galvanize the life he almost spent behind bars after being exonerated and declared legally innocent of the crime he was convicted of in 2013 on March 18, 2024.

According to the GoFundMe, CJ wants to “embrace this opportunity” and become a paralegal.

With the help of Dream.org, the GoFundMe aims to help CJ start a new life with everything from a place to stay to clothes to wear as he builds a new future.

The CJ Rice case

CJ Rice, formally known Charles J. Rice, was convicted in a September 2011 shooting for attempted murder and sentenced to 30-60 years behind bars in 2013.

According to the Pennsylvania Innocence Project, the South Philadelphia shooting left a woman identified as Latrice Johnson, a 6-year-old girl and two others injured.

Johnson called 911 after the shooting and described the suspects as two men running away in hoodies and black sweatpants but couldn’t fully identify them.

Through an initial investigation with victims in the hospital, Rice’s co-defendant, Tyler Linder, was identified as one of the shooters. Detectives interviewed Johnson while she was in the hospital and she identified 17-year-old Rice as one of the shooters running away although she hadn’t seen the teen in a few years. Rice had been friends with Johnson’s son when he was younger, according to the Pennsylvania Innocence Project.

In her description, Johnson said Rice was wearing a hoodie and claimed that she was able to see his full face and long braids poking out the side of the hood. However, Rice’s arrest photo depicted him with shorter cornrows flushed against his head. Despite this, a case against Rice and Linder was built.

According to the Pennsylvania Innocence Project, among the evidence was a theory that the shooting was retaliatory, which wasn’t proven. That’s because Rice was shot and injured a few days prior. It’s alleged the suspects ran from the scene, and Rice’s counsel never used his medical records as evidence to help Rice’s case.

Rice’s case received national attention after CNN anchor Jake Tapper began reporting on it. His father, Dr. Theodore Tapper, is Rice’s former doctor and treated his injuries.

Although it was alleged that the shooters ran from the 2011 crime scene, this is something that Dr. Tapper believed Rice just physically couldn’t do at the time.

Officials believed the 2011 shooting involved gang affiliations, leading the DA’s Gun Violence Task Force to begin their investigation to see whether or not Rice could be re-tried for the shooting or to dismiss the charges in full.

This suggestion of motive and the sole faulty eyewitness identification of CJ led to his conviction on four counts for attempted murder.

A free man

Rice’s defense counsel filed a habeas petition to get CJ out of prison and have his conviction overturned.

On March 18, 2024, the Philadelphia County Court of Common Pleas granted the Commonwealth’s motion to dismiss all charges against Rice, officially making CJ a free man.

Read C.J. Rice’s story


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