History of ingrained racism - The case of Jason Vassell

[Xipe Totec]

On February 3, 2008 Jason Vassell was the victim of a racist hate crime. Since then he has been further victimized by a racist prosecution.

Early on the morning of February 3, 2008, Jason, an African American student at the University of Massachusetts Amherst, was in his dormitory. Two intoxicated white men, Jonathan Bowes and Jonathan Bosse, approached Jason’s dormitory window repeatedly referring to him as a “nigger” and breaking in the window. They then forced their way into the dormitory lobby where they assaulted Jason, breaking his nose and giving him a concussion.

Under this continuing assault Jason was forced to defend himself with a pocketknife, injuring his assailants. As a result of defending himself against this unprovoked assault Jason, the victim of the attack, was charged with two counts of aggravated assault with a dangerous weapon. These charges carry a possible thirty year prison sentence. One of the perpetrators, Jonathan Bowes, was charged only with misdemeanors carrying a maximum eighteen month sentence. The other, Jonathan Bosse, was not charged at all.

http://www.justiceforjason.org/

In the wake of this altercation, the Commonwealth had to decide whom to
prosecute and what charges to bring. As the following discussion will make clear, the
prosecution ultimately made these decisions based on the race of the parties involved. In
doing so, it disregarded principles embodied in our state and federal constitutions that
prohibit the discriminatory enforcement of impartial laws. As a result of this equal
protection violation, the above-captioned matter should be dismissed.

http://www.justiceforjason.org/wp-content/uploads/2009/01/motiontodismiss.pdf




Vassell’s defense wins evidentiary hearing for ‘Motion to Dismiss;’
Presiding Judge Judd Carhart acknowledges history of ingrained racism

February 20, 2009


NORTHAMPTON, MA— Wednesday February 18 marked a critical moment in the year-long campaign for Justice for Jason Vassell, as presiding Judge Judd Carhart granted the Defense’s request for an evidentiary hearing of the pivotal ‘Motion to Dismiss.’1 At the hearing yesterday, the defense also submitted a Motion for Discovery, requesting access to police and prosecution files pertaining to previous cases involving race. David P. Hoose, lead defense attorney for Jason Vassell, argued that racism exists on many levels, suggesting that an examination of said files may shed light on more unconscious forms of racism present at both the UMass Amherst Police Department and the Hampshire County District Attorney’s Office. Judge Carhart scheduled the Discovery Hearing for March 2nd, stating that there was no case precedent for the defense’s Discovery Motion—that, in fact, the defense was on new legal ground.

Over one hundred community members, faculty, and students braved cold and snowy weather to voice their continued discontent with the relentless prosecution of Jason Vassell by District Attorney Elizabeth Scheibel. While at least thirty supporters packed the courtroom, close to eighty more overflowed into the lobby and onto the sidewalks, carrying picket signs demanding the immediate dismissal of all charges against Jason Vassell. The hearing began at 2:00pm with an already packed courtroom, and ended at roughly 3:10pm. By granting the defense a Discovery Hearing, Judge Carhart has allowed for an investigation concerning past allegations of racism that involves both the UMPD and the Northwestern District Attorney’s office. In stating that the defense is entitled to an Evidentiary Hearing, it seems that Carhart has recognized the weight and seriousness of the ‘Motion to Dismiss’: namely, that evidence of racism runs deep throughout this case, from the incident on the morning of February 3rd, 2008, through the police investigation, all the way to the District Attorney’s office’s prosecution of Jason.


Vassell’s defense wins evidentiary hearing for ‘Motion to Dismiss:

http://www.justiceforjason.org/wp-content/uploads/2009/02/evidentiary-hearing-press-release.doc