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Indicted: Grand Jury Brings Charges Against Baltimore Police Officers Tied to Freddie Gray Death
A grand jury has indicted six Baltimore police officers in the death of Freddie Gray, clearing the path for a criminal trial in the Maryland courts. Freddie Gray died on April 19 from his injuries suffered in police custody. The indictments came nearly three weeks after Baltimore State’s Attorney Marilyn Mosby first announced her decision to bring criminal charges against the officers. While some of the charges have been amended, the most serious ones — second-degree murder against Officer Caesar Goodson and involuntary manslaughter against four of the officers — remained intact. We speak to longtime Baltimore civil rights attorney A. Dwight Pettit.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
JUAN GONZÁLEZ: A grand jury has indicted six Baltimore police officers in the death of Freddie Gray, clearing the path for a criminal trial in the Maryland courts. Freddie Gray died on April 19th from his injuries suffered in police custody. His family and attorney say his voice box was crushed and his spine was "80 percent severed at his neck." Gray’s death sparked massive protests nationwide. At a news conference Thursday, Baltimore State’s Attorney Marilyn Mosby announced the indictments.
MARILYN MOSBY: Previously indicated, my office conducted an independent investigation into the circumstances surrounding the tragic incident with the death of Freddie Gray. On May 1st, our investigation revealed that we had sufficient probable cause to bring charges against six police officers. As our investigation has continued, additional information has been discovered, and as is often the case during an ongoing investigation, charges can and should be revised based upon the evidence. These past two weeks, my team has been presenting evidence to a grand jury that just today returned indictments against all six officers for the following offenses.
JUAN GONZÁLEZ: The indictments came nearly three weeks after Mosby first announced her decision to bring criminal charges against the officers. While some of the charges have been amended, the most serious ones—second-degree murder against Officer Caesar Goodson and involuntary manslaughter against four of the other officers—remained intact.
AMY GOODMAN: Well, for more, we go to Baltimore, Maryland, where we’re joined by longtime civil rights attorney A. Dwight Pettit. He specializes in criminal and constitutional law, and has successfully tried dozens of cases of police misconduct.
A. Dwight Pettit, welcome to Democracy Now! Your response to the grand jury handing down the indictment?
A. DWIGHT PETTIT: Well, they came down, as expected, so there’s no surprise. I’m glad to see that the amendments that took place included reckless endangerment. I think that’s a catch-all that I was sort of disappointed was not in the original charges, so I was glad to see that. And I was a little bit surprised, but not really, to see that the false imprisonment charges had been deleted. And I think maybe the state realized that that was a stretch, even though it was very progressive of her to bring the charges, but it might be a stress—a stretch to in fact attach criminality to probable cause, whether it existed or whether it didn’t exist. Other than that, there’s nothing new that’s any surprise. I anticipated the grand jury would follow the lead of the state’s attorney and those charges would be transferred to a true bill of indictment.
JUAN GONZÁLEZ: Now, Dwight Pettit, what about the claims from the policeman’s union that there’s a conflict of interest here with the state’s attorney in this case? Could you respond to that?
A. DWIGHT PETTIT: Well, I think they’re frivolous. I think that’s just a political and personal attack on Ms. Mosby. I see nothing in their allegations that would warrant any type of recusal of herself. One of the striking parts about it is when they talk about Billy Murphy contributing $5,000 to Ms. Mosby. They, in fact, themselves, contributed almost the same amount of money. And so that’s something that takes place in politics anywhere you go: People contribute money. And I don’t see anything there. And her husband being a member of the City Council, that’s ridiculous. So those accusations, basically, I guess, was a response in terms of the FOP just trying to muddy the waters. One of the interesting things about it, they called for a special prosecutor. Well, we were fighting for special prosecutors in the Legislature this year in terms of all police reviews, and the FOP opposed it. And so they have totally contradicted themselves. And these motions, in terms of her having any type of conflict of interest, are, as she indicated, just about ridiculous and nothing.
JUAN GONZÁLEZ: And what about the whole issue of the possible motion for change of venue when a trial occurs? Here in New York City, of course, we had the infamous case of Amadou Diallo a decade ago. And that—and there was a change of venue all the way to Albany, about 150 miles away, producing a completely different jury and eventually the acquittal of all the officers involved.
A. DWIGHT PETTIT: Well, I think that if there is a change of venue, that would be a political decision and not a legal decision. I don’t see anything in the law which would in fact cause this case to be taken from the jurors of Baltimore City. There’s a tool in that legal process called voir dire, where you can use that to make sure that persons who might have heard about the case can render a fair and impartial decision. And if pretrial publicity is the issue, well, this is a case that has been exposed to the world. And so, how does moving it to another county in fact cure the pretrial publicity that everybody has been exposed to? And so, voir dire, I think, is sufficient to, in fact, cure any problems in terms of the jury pool. I think if a judge removes it from the city of Baltimore, that will be more of a political decision rather than a legal decision, because I find no legal basis for removal.
AMY GOODMAN: New cellphone video sheds light on Freddie Gray’s fatal journey in a Baltimore police van. The footage obtained by The Baltimore Sun shows Freddie Gray lying motionless as several police officers shackle his ankles and load him into the vehicle. It appears to contradict earlier police claims that Gray was "irate" and "combative." One of the officers, Lieutenant Brian Rice, reportedly threatened to use his Taser on the eyewitness who was filming this. Can you talk about this, the significance of this, Dwight Pettit?
A. DWIGHT PETTIT: Well, you know, I think the newly discovered evidence that’s coming forth basically supports the charges that the state’s attorney has in fact brought against the police officers. And this intimidation—I think the officer, when he saw the lady pull out the camera, sort of threatened to in fact move toward her, or what have you—to some extent is the normal conduct of the Baltimore City Police Department. I’ve been practicing law here for 42 years. I know I’ve handled over a hundred or so police brutality cases. We’ve won some of the largest verdicts in the nation and the state. And in the last 20 years, I know, in terms of shootings of unarmed African-American men and women and so forth, I’ve handled over 25, 30. This intimidation of witnesses is a normal practice and procedure of the Baltimore City Police Department, so that does not surprise me.
But I think, in terms of the first part of your question, obviously, Freddie Gray was not doing those things which should have subjected him to any type of brutality or type of force that would in fact cause his death. One of the interesting parts of the evidence here that I think we need to look for and will appreciate will be the report of the pathologist, or if there is an independent pathology secured by the State’s Attorney’s Office, what those pathology reports or autopsies indicate as to force requirements and where the blows would have occurred and how they could have occurred, in terms of causation of death.
JUAN GONZÁLEZ: And from your close watching of the circumstances around this case, why do you think that the one officer who was driving the van was charged with second-degree murder?
A. DWIGHT PETTIT: Well, depraved-heart murder is basically any conduct which creates, or you’re aware of, a very excessive condition in terms of an extreme condition. And I think that that is—and you have to realize now, although it says second-degree murder, that’s not like murder as we think of, in terms of that charge. There’s no requirement there for specific intent. There’s no requirement for premeditation. There’s no requirement for malice of forethought. All you have to show is that the person knew of a dangerous condition, was aware of it, and continued to act without in fact addressing those dangerous conditions, which in fact then led to the death of the individual victim. And so, it’s not, just because it say murder—depraved-heart murder is not at the same level as murder as we know murder one or, in fact, murder two. It’s murder two, but it’s a different standard. It’s more a standard of a non-action and ignoring a certain condition that you knew existed. And I think that’s what they’re saying in terms of the driver and what have you, that he saw this, he had several opportunities to see Mr. Gray’s condition, he was aware of it. Maybe he heard the pleas for help and so forth. And he knew that it was a perilous, dangerous condition, and he ignored it.
AMY GOODMAN: Dwight Pettit, can you explain, for people around the country and around the world, the different systems that operate here? I mean, in Baltimore now, you have the state’s attorney. She announced indictments. Now you have the grand jury. They’ve announced indictments. Where does this process go from here?
A. DWIGHT PETTIT: Well, basically, when the state’s attorney brings charges, that’s just an initial type of thing. The grand jury, in fact, ratifies that by finding probable cause. It’s a very low standard to in fact get an indictment. That’s why people were so upset with Ferguson and so forth, in New York, why they failed to get indictments, because that’s the state’s attorney’s opportunity. That’s her or his show. There’s nobody there. It’s not an adversary proceeding. There’s no other lawyers. There’s no judge. And so, that takes place at the request of the state’s attorney.
The next thing will be the arraignment. And when you get to arraignment, where they would file appearances, enter pleas of not guilty, request trial by jury, then you get into the issue of motions. And motions will be filed for severance, as we have already discussed. The motions will be filed for removal. And that will start—and discovery will be turned over, where the defense will get all the evidence that the state has. So, that’s when the ballgame begins in reality.
This is a state prosecution in Baltimore City. It’s normally about a year before a case comes to trial. But here, because of the national attention and the worldwide attention, it might be expedited. And when those motions come in, then we will see whether or not—one of the big motions that we have to watch for is whether there will be a motion for severance. If the case is severed under the Supreme Court case of Bruton, meaning that if some one officer has made statements which inculpates another officer, they might have a right to separate trials. And then we will find whether there will be one trial or whether there will be six trials. And so, that will also determine the time period in terms of when the trials will take place, whether we’re dealing with one with six defendants or whether we’re dealing with six, or numbers within that range. And that all will be determined by motions.
So, motions is the next major thing. In Baltimore, usually the trial judge that’s going to have the case also is the motions judge. And when that is assigned, that judge, she or he will determine these motions, that which we speak of now, in terms of recusal, in terms of removal, in terms of severance, and then, of course, all your motions to dismiss the indictment for vagueness, etc., etc., etc.
JUAN GONZÁLEZ: And, Dwight Pettit, what about the rapidity with which this indictment came down? We’ve seen cases where, in Ferguson, or in Staten Island with Eric Garner, it took months before a grand jury heard the evidence and rendered a decision. But here we’re talking just a few weeks.
A. DWIGHT PETTIT: Well, this state’s attorney, she’s just elected, and she ran on the basis of her office would be open and transparent, and she would follow the evidence. And I think she was very, very aware of the national sentiment, as well as the local sentiment, in terms of police being protected by the State’s Attorney’s Office, which is also—it’s what has occurred here in Baltimore City in my 42 years of practice here. The state’s attorney really works in conjunction with the police officer to, in fact, in many cases, cover for the police. So I think she was making a broad statement and a bold statement that she was going to follow her campaign promises, not meaning that all police are bad, not charging all police, because she comes out of a police family, but she was going to move expeditiously and follow the evidence, and wherever evidence led, she was going to in fact bring those charges or those cases. And because it happened in a quick manner, I do not think that in fact distracts from the substance of the allegations and the indictment.
AMY GOODMAN: A. Dwight Pettit, we want to thank you for being with us, legendary civil rights attorney in Baltimore specializing in criminal and constitutional law, successfully tried dozens of cases of police misconduct, won the largest constitutional rights verdict in Maryland history, one of the largest in the country, in 2004 at $105 million. Of course, we’ll continue to follow the Freddie Gray case.
Neil Young Premieres New Anti-GMO Song "Rock Starbucks" from Forthcoming The Monsanto Years Album
Watch an excerpt from Neil Young’s newest video for his song "Rock Starbucks" from his forthcoming record, "The Monsanto Years." Young recorded the album with Willie Nelson’s sons, Micah and Lukas. "I want a cup of coffee, but I don’t want a GMO," Young sings on "Rock Starbucks." "I love to start my day off without helping Monsanto."
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now!, as we premiere today on Democracy Now! a new song by Neil Young called "Rock Starbucks."
NEIL YOUNG: If you don’t like to rock Starbucks, a coffee shop
Well, you better change your station 'cause that ain't all that we got
Yeah, I want a cup of coffee, but I don’t want a GMO
I like to start my day off without helping Monsanto
Monsanto
Let our farmers grow
What they want to grow
AMY GOODMAN: "Rock Starbucks." That’s a new video by Neil Young he just shared with us. It’s from his forthcoming album, The Monsanto Years. This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Juan González.
State of Emergency in California as Santa Barbara Cleans Up from Another Major Oil Spill
A cleanup effort residents say was slow to start is now underway off the coast of Santa Barbara, California, where crude oil from a broken pipeline leaked into the Pacific Ocean and washed ashore at Refugio State Beach. The company that operates the pipeline first said 21,000 gallons had leaked, but then increased their estimate to 105,000 gallons. On Thursday, The Santa Barbara Independent revealed the ruptured pipeline operated by Plains All American is the only pipeline in the county that is not required to be equipped with an automatic shutdown valve in case of a leak, because it operates outside of the regulatory oversight of the county. This latest spill recalls a catastrophic blowout at an oil well in the same area in 1969, when Union Oil’s drilling platform spewed an estimated three million gallons of crude along 30 miles of coastline. We speak to Tyler Hayden of The Santa Barbara Independent and Linda Krop of the Environmental Defense Center.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
JUAN GONZÁLEZ: A cleanup effort residents say was slow to start is now underway off the coast of Santa Barbara, California, where crude oil from a broken pipeline leaked into the Pacific Ocean and washed ashore at Refugio State Beach. The company that operates the pipeline first said 21,000 gallons had leaked, but then increased their estimate to 105,000 gallons. This is Michelle Rogow, on-scene coordinator for the Environmental Protection Agency, speaking Thursday.
MICHELLE ROGOW: Last night, crews worked with archaeological support and monitoring to excavate more than 400 yards of saturated—oil-saturated soil, starting at the far end south of the contaminated area in the actual release location. Air monitoring is being conducted in that area for both volatiles as well as for hydrogen sulfide. And this morning, crews are moving down toward the highway from the source area and continuing to excavate contaminated soil, beginning to flush out the actual culvert, the drainage pathway that led from the upland side of the highway down to the ocean, and are working to capture that oil and collect it.
AMY GOODMAN: On Thursday, The Santa Barbara Independent revealed the ruptured pipeline, operated by Plains All American, is the only pipeline in the county that’s not required to be equipped with an automatic shutdown valve in case of a leak, because it operates outside the regulatory oversight of the county. This latest spill recalls a catastrophic blowout at an oil well in the same area in 1969, when Union Oil’s drilling platform spewed an estimated three million gallons of crude along 30 miles of coastline.
Well, for more, we go directly to Santa Barbara, California, where we’re joined by two guests. Tyler Hayden is with us, news editor and reporter with The Santa Barbara Independent, and Linda Krop, chief counsel for the Environmental Defense Center.
We welcome you both to Democracy Now! Linda Krop, let’s start with you. Just explain the extent of the damage and what’s being done about it.
LINDA KROP: The spill has had a devastating effect already, and it’s very frustrating. I was at the site the first evening, and nothing was being done to prevent the oil from getting into the ocean, which should have been done immediately because the spill actually occurred about a quarter mile from the ocean. So when we got there Tuesday evening, the beach was just blanketed with a solid array of oil. The high tide was coming in. The waves were washing the oil out to sea, which makes it virtually impossible to clean up. They had no shore-based response. They had no offshore response. They had identified and contained the leak, but they had done nothing to prevent the oil from getting into the ocean. And now we have dead sea life. Birds, a sea lion have been oiled. And who knows how much the damage will be? But it’s already spread several miles towards Goleta and Santa Barbara.
JUAN GONZÁLEZ: And, Linda Krop, of course, for the residents in your area, that brings to mind the terrible tragedy that perhaps many of our younger audience don’t know about or weren’t born when it occurred, the 1969 spill there. Could you talk about that?
LINDA KROP: Yes, the 1969 spill occurred from an offshore platform blowout. And after that spill occurred, everyone thought that that was the end to offshore oil drilling in our area, and that’s not the case. The federal government did continue to approve more platforms off of our coast going into the 1980s. But one of the good results from the 1969 oil spill was that that is when most of our federal environmental laws were passed, in the early 1970s. And we have a lot more laws on the books. We have a lot more regulations. We have much more advanced technology. And yet, you still have oil spills happening all over the place. And what this shows us is it doesn’t matter how strong the regulations, how advanced the technology is, oil spills are inevitable. And the only way to stop oil spills is to stop oil development. This pipeline was not an isolated incident. This pipeline was carrying oil from our offshore platforms, and if those oil platforms weren’t there, the pipeline wouldn’t be there, and our beaches would not be fouled.
AMY GOODMAN: Tyler Hayden, can you talk about the company involved? Plains All American Pipeline has well over a hundred, nearly 200, violations around it over the last years. Talk about its record and how the spill was discovered.
TYLER HAYDEN: Well, the spill first came to our attention at around noon on Tuesday, when we heard that county firefighters had responded to smell of gas in the area. And they quickly saw what was described to us as a small river of oil spilling into the ocean. They traced it back up to the underground pipeline operated by Plains All American Pipeline and saw that the underground pipe had ruptured and was spilling oil. And from then, that’s when the—that’s when at least the attention was brought to the—for the pipeline, if not—as Linda said, there wasn’t a lot of response.
And Plains, as you said, has a bit of a checkered past when it comes to—when it comes to its safety and the enforcement of its infrastructure. And from what I understand, there’s been about 175 incidents in the last 10 years involving Plains pipes. It’s in the business of transporting and storing crude, and has about 6,000 miles of pipeline across the country. And I know during those spills recently that they haven’t been fined much by the EPA. I think the largest fine they received was about $280,000. So, there’s definitely some heightened scrutiny after this incident, but it sounds like they’ve had some issues for quite a while.
JUAN GONZÁLEZ: And the issue of why there was not an automatic shutoff on this pipeline?
TYLER HAYDEN: Right. So, what we found out yesterday was this pipeline has been a bit of a regulatory mess. When it was installed in 1987, Plains successfully sued the county to have the pipeline not be under the county’s management or jurisdiction. They argued that because it crosses state lines, that it should be under federal regulations. It was until 2013, and the federal government said that we didn’t—you know, they didn’t have the personnel or the—excuse me, the equipment for just sort of the need to manage the pipeline, so they passed it back down to the state. And the state has been managing it since 2013. But because it wasn’t under the county’s management, it wasn’t required to have an automatic shutoff system, that should have been able to detect the leak and should have been able to shut it off much sooner.
AMY GOODMAN: At a Thursday morning news conference, a Plains All American oil company spokesperson, Patrick Hodgins, dodged questions about the company’s safety record.
PATRICK HODGINS: We’re required to fill out certain federal documents to report all incidents. We have a tolerance of zero tolerance for failure to report. We report all incidents, regardless of they’re required to be reported or not. So, that gives—we got to put it in context. We report all incidents, including all near misses, which do not have a negative impact. And the purpose of that is so that we can learn, so we don’t have an incident that does have a negative impact. So, again, I would like to put it into context. We report all incidents regardless if it’s required or not. And if you looked at the—over the years, the scrutiny and the requirement to report more and more incidents of lesser volume, where at one time it was five barrels, it’s now down to five gallons. But again, if it gets on the ground, we do require it to be reported.
REPORTER: But how do you rate your record?
PATRICK HODGINS: Again, our goal is to continue to improve. Our goal is zero. And so, we’re going to continue to improve. We’re not happy unless it’s zero. So that is our focus.
REPORTER: Are you happy?
AMY GOODMAN: Despite its spill record, Plains All American reportedly has plans to construct a pipeline in Arkansas, where an ExxonMobil pipeline that ruptured in 2013 spilled nearly 135,000 gallons of crude oil into a residential area. Linda Krop, are we talking about a plain all-American oil spill here? And what do you think needs to happen?
LINDA KROP: I think what needs to happen, most of all, is awareness that the technology will never be perfect. This pipeline should have shut down immediately, and it did not. But we also had an oil spill here from an offshore pipeline in 1997, where the pipeline did shut down immediately when a leak was detected, and an operator on the offshore platform turned the pipeline back on and overrode the shutdown system. So, unfortunately, whether it’s the technology or whether it’s operator error, there are always going to be oil spills. There is absolutely no way to prevent that. And this spill has already had a very significant impact in an area that is one of the most biologically rich on the planet. It’s referred to as the northern Galapagos. And we just have to stop this cycle. We have to protect these areas.
JUAN GONZÁLEZ: And, Tyler, the connection of oil giant Exxon to this oil?
TYLER HAYDEN: You know, I can’t speak to that. I know that the pipeline was servicing the Exxon refinery a little ways up the coast. But as I mentioned, Plains—it’s a pipeline owned and operated by Plains. I don’t know if Exxon has much, if any, involvement in this spill.
AMY GOODMAN: Who ends up paying, Linda Krop, for all of this, the cleanup? And do you have high hopes it will be cleaned up?
LINDA KROP: The first part of the question is easier to answer. Plains will have to pay for the cleanup, and they will probably be assessed some fines and maybe even some penalties, if there’s a demonstration of some neglect or wrongdoing. I am not confident that the spill will be cleaned up, because so much of the oil reached the ocean. On average, an ocean oil spill is only cleaned up about 15 percent or so. Even as of day three, they did not have enough equipment on the water, enough boom, because they said they were restricted by how many vessels they had out there. So they had maybe a half a mile of boom for a spill that was, you know, well over nine or 10 miles. So, we do not think that the oil is going to be cleaned up, and I think we’re going to see the impacts for quite some time.
JUAN GONZÁLEZ: And finally, the amazing citizen response, hundreds of people coming out onto the beaches to try to do what they could to clean up this mess?
LINDA KROP: The community response has been amazing. Everyone wants to help. Unfortunately, the agencies responsible for the cleanup are trying to divert people to other activities, because there are some health implications. You know, this oil contains toxic chemicals, so they’re worried about people inhaling the toxics. They’re worried about people coming into skin contact. They’re worried that people aren’t trained. So they’re diverting people to some websites to volunteer, and then you go to those websites, and it says, "No volunteers needed." So, people are starting to get very frustrated. They really want to help. They’d like to be on the beach helping. And so far, there hasn’t really been an avenue for them. But yeah, the community is really up in arms. We’ve been contacted by a lot of businesses that don’t normally align with the environmental groups here, but they’re even saying, you know, "What can we do?" And they’re feeling the hit. The tourists aren’t coming. The recreational industries are suffering. So we’re already seeing that economic hit, as well.
AMY GOODMAN: Let’s end with one of the members of the cleanup crew who’s been helping to clean up the oil spill off the coast of Santa Barbara, California.
CYRUS CASTANEDA: We arrived today. There was one gentleman on the beach shoveling oil from the ocean into the buckets, and we decided to join him. And the next thing you know, a lot more of us came down here. It was really early in the morning, about 7:00 a.m. And so, we’ve been shoveling buckets ever since.
AMY GOODMAN: That’s Cyrus Castaneda. And we will continue to cover this story, of course. We want to thank our guests, Linda Krop, chief counsel for the Environmental Defense Center, based in Santa Barbara, as well as Tyler Hayden, news editor and reporter with The Santa Barbara Independent.
This is Democracy Now! When we come back, Buffy Sainte-Marie joins us live in studio. Stay with us.
Legendary Native American Singer-Songwriter Buffy Sainte-Marie on Five Decades of Music, Activism
As we head into the Memorial Day weekend, Buffy Sainte-Marie returns to the Democracy Now! studios. Her song "Universal Soldier" became one of the classic antiwar songs of the 1960s. Buffy Sainte-Marie once said, "It’s about individual responsibility for war and how the old feudal thinking kills us all." Buffy Sainte-Marie wrote the song in 1964. A year later, just months after U.S. ground forces invaded Vietnam, the British singer Donovan turned it into a hit. She has also written and sung about the struggles of Native American and First Nations people for decades. She worked with the American Indian Movement and began the Nihewan Foundation for American Indian Education. Her political activism would lead her to be largely blacklisted from commercial radio in the 1970s. On her new album, she re-records two songs from what’s become known as her "blacklist years." Five decades later, Buffy Sainte-Marie is still making powerful music. She has just released "Power in the Blood." It’s her first studio album since 2008.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: The legendary Native American folksinger Buffy Sainte-Marie singing in our Democracy Now! studio in 2009. This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Juan González.
JUAN GONZÁLEZ: Well, today, as we head into the Memorial Day weekend, Buffy Sainte-Marie returns to the Democracy Now! studios. That song, "Universal Soldier," has become one of the classic antiwar songs of the 1960s. She once said, "It’s about individual responsibility for war and how the old feudal thinking kills us all." Buffy Sainte-Marie wrote the song in 1964. A year later, just months after U.S. ground forces invaded Vietnam, the British singer Donovan turned it into a hit. Five decades later, she is still making powerful music. She has just released Power in the Blood. It’s her first studio album since 2008.
AMY GOODMAN: Buffy Sainte-Marie has led a remarkable life. She was born in 1941 on the Piapot Cree First Nations Reserve in Saskatchewan, Canada. She grew up in Massachusetts after becoming an orphan. In the early '60s, she became a leading figure in the Toronto and Greenwich Village folk scenes. Her song "Until It's Time for You to Go" was recorded by everyone from Elvis Presley to Barbara Streisand to Neil Diamond. She has also written and sung about the struggles of Native American and First Nations people for decades. She worked with the American Indian Movement and began a foundation for American Indian education. Her political activism would lead her to be largely blacklisted from commercial radio in the '70s. On her new album, she re-records two songs from what's become known as her "blacklist years."
Buffy Sainte-Marie, welcome back to Democracy Now!
BUFFY SAINTE-MARIE: Thanks.
AMY GOODMAN: Tell us about your new album. It’s great to have you back in our, well, for you, new studio.
BUFFY SAINTE-MARIE: Thanks.
AMY GOODMAN: And how you incorporate the past into the present.
BUFFY SAINTE-MARIE: Well, the new album is called Power in the Blood. And after I last saw you, I had put together a band, and I told them that we were going on a two-year world tour, and all of a sudden it was like five or six years into a two-year world tour. And True North Records came to me and said, "Do want to make a record?" So we had been doing all these songs, new ones, old ones, songs that either had been forgotten or had never made it to airplay in the first place, and a lot of new ones, as well. So I was just ready to record. So that’s what this album is about.
"Power in the Blood" itself is—has some very, very strong words about contemporary issues: GMOs and fracking and war. And it was actually a song written and originally recorded by a group called Alabama 3, who you might know for the theme song from The Sopranos: "Woke up this morning, got myself a gun." And it was saying, "And when that call it comes, I will be ready for war." So they’re friends of mine. I said, "This would make a great peace song." So I changed the words, updated it. And I said, "And when that call it comes, I will say no, no, no to war."
Another song on the album is called "Carry It On." It’s super positive. It’s about contemporary stuff. It says, "Hold your head up. Lift the top of your mind. Put your eyes on the Earth. Lift your heart to your own home planet. What do you see? What is your attitude? Are you here to improve or damn it? Look right now and you will see, we’re only here by the skin of our teeth as it is, so take heart and take care of your link with Life. It ain’t money that makes the world go round. That’s only temporary confusion. It ain’t governments that make the people strong. It’s the opposite illusion. Look right now and you will see, they’re only here by the skin of our teeth as it is, so take heart and take care of your link with, Life is beautiful, if you got the sense to take care of your source of perfection. Mother Nature, she’s the daughter of God and the source of all protection. Look right now and you will see she’s only here by the skin of her teeth as it is, so take heart and take care of your link with Life. And carry it on. And keep playing. And keep praying. And carry it on."
So this is an album of contemporary issues, involving some updated songs, some new songs, some songs by me and some songs by other people.
JUAN GONZÁLEZ: Well, since your last album, the music world has been changing quite a bit. Could you talk—I’m wondering your sense of how music has been changing, the production of albums. And, you know, now with Taylor Swift and Beyoncé becoming the big names these days, what’s happened to the music world?
BUFFY SAINTE-MARIE: I don’t know. I don’t think the music industry changes a whole lot. Stars may rotate, but it’s—there’s an awful lot of corporate push between some people and not other people. I think there’s always an undercurrent of artists who are really truly unique, and there’s only—you know, and 80 percent of people who are following whatever’s hot at the moment. But I think writers continue to write, sometimes addressing contemporary issues and sometimes not.
I just think the whole world in general has come a long way since I saw you last, in that I think the general population is more awake now. There are a lot more people who are afraid right now, but it’s because they’ve opened their eyes, you know, thanks to a lot of people like yourselves. People are acknowledging what the issues are. But still, you know, as in the case of "Universal Soldier," still, if you look at our world today, we have five heavily funded colleges of war, and we don’t have one such serious, properly funded college that teaches alternative conflict resolution. I mean, in India, people made changes because Gandhi taught them about alternative conflict resolution. There are a lot of things that people ought to be learning right now, because people are awake, but they don’t have the tools, the true tools, for making change right now. And I am always telling people, don’t put yourself in the position of suicide by going up against somebody who’s going to outgun you, whether it’s an army, a security force, a police force. We have to learn how to do things in a different way, in order that we’re not just killing ourselves while we try to make change.
AMY GOODMAN: I want to play something from the new album, Power in the Blood. This is your song, Buffy Sainte-Marie, "It’s My Way."
BUFFY SAINTE-MARIE: I’m cutting my own way thru my own day
and all I dare say is it’s my own
I got my own seeds I got my own weeds
I got my own harvest that I’ve sown
Now I can tell you things I’ve done
and I can sing you songs I’ve sung
But there’s one thing I can’t give
for I and I alone can live
the years I’ve known and the life I’ve grown
I got a way I’m going and it’s my way
AMY GOODMAN: "It’s My Way," from Power in the Blood, Buffy Sainte-Marie’s new song. Talk about using a song you recorded 50 years ago and incorporating it into this new song.
BUFFY SAINTE-MARIE: Well, it’s a song that we were doing on the road all the time anyway, and I decided to re-record it. Really, that song is about self-identity. And although I’m talking about myself, I’m really hoping to encourage the self-identity of people in the audience to explore their own uniqueness. And there just doesn’t seem to be very much that encourages a person’s continual growth, continual exploration of their own world. So really it’s encouraging other people’s uniqueness. I mean, that’s what we really need. And yet I think there’s so little encouragement given to what I’ll call positive mutation. And I think, really, every single person is ripening all the time. I mean, you and me, the guys we’re not so sure about, I think everybody is ripening just little by little.
And when I look back 50 years, we’ve made a lot of great changes. A lot of things are really good right now. But you’re always going to have racketeers at any—you know, racketeers have been going on since before the Old Testament. But at the same time, there have always been people like Jesus. There have been people like Gandhi. There have been people like Martin Luther King. There are people out in the audience right now who have—who are the hope of the future. We’re not hearing about them yet. But really, I think all of us, that’s the one thing we can do: We can encourage it in ourselves. New thinking.
AMY GOODMAN: Speaking of what can be heard and what can’t be heard, can you talk about being blacklisted during the '60s? I mean, on Monday, we're going to be playing this extraordinary panel that Juan moderated in Washington, D.C., with Ron Dellums, who was head of the House Armed Services Committee, Oakland congressmember, former Oakland congressmember; Pat Schroeder, one of the youngest women to be elected to Congress, from Colorado; and Tom Hayden; Wayne Smith, who was a Vietnam medic. So, it’s the 40th anniversary of the end of the war, 50th anniversary of the U.S. invading South Vietnam. When you were singing about it, what happened? Why was it difficult to hear your songs?
BUFFY SAINTE-MARIE: Well, I didn’t know at the time, but I found out 20 years later that apparently the Johnson administration, the Nixon administration, apparently, they drowned my career, the career of Eartha Kitt. Taj Mahal had problems. And I was told by a radio broadcaster live on the air at the beginning of an interview—this was in the ’80s. I mean, Lyndon Johnson was and Richard Nixon were gone. A Democratic administration and a Republican administration apparently had drowned a lot of careers for being outspoken.
And I don’t think it was just that I had written "Universal Soldier" and "Now That the Buffalo’s Gone." I think it was because I had gotten famous and was shooting my mouth off on The Tonight Show. It was because I had magazine covers. I mean, Billboard magazine had named me Best New Artist on the year that The Beatles came to America. So there was—I had a lot going on. But I did. I spoke out. And when "Until It’s Time for You to Go," which is just a pop love song, when it was being recorded by, as you mentioned, Elvis Presley and everybody, I was getting big-time publicity, and I was talking about the fact that there was a war in Vietnam. And later on, during the Nixon administration, I was talking about what was going on at Wounded Knee, South Dakota, and in the American Indian movement.
So sometimes people will ask me, they say, "Well, doesn’t that make you hate the U.S. government?" And it doesn’t. It has nothing to do with the U.S. government. It’s not as though an act of Congress is passed and Eartha Kitt and Buffy Sainte-Marie get wiped out of airplay forever and ever. No. It’s a few guys in the administration who make nasty phone calls from the back room. It’s networking. It’s personal phone calls to the media. I mean, I was never allowed to play in Indian country, you know, because who owned the newspapers? Who owned the theaters? Who owned TV and radio? The same guys who owned the big resource companies who were exploiting Native American people and lands.
JUAN GONZÁLEZ: And yet, thanks to PBS and Sesame Street, at the same time that some were trying to silence you, they gave you the opportunity to speak to a whole generation of folks. I think we may actually have a clip of when you were on Sesame Street. You were a regular there from '76 to ’81, including a week of shows from your home in Hawaii. This is a clip from one of those episodes, when you sing, "I'm an Indian Wherever I Go."
BUFFY SAINTE-MARIE: Well, first there was the Hawaiian land,
the Big Blue Ocean and the sunny sand.
And then in boats that they made by hand came the Hawaiians.
And they brought the aloha.
I’m an Indian wherever I go,
Hawaiian sun or Canada snow.
And when I’m in Hawai’ine,
I’m still in Indian. Eya Eya.
In Hawaii, the Hawaiians are the kings and queens,
or anyway, that’s what I’ll sing.
They welcome everybody so fine,
and I respect them. Eya Eya.
Now you got one grandmother from the coast of Asia
and another from a South Seas bay.
You got one grandfather from right here
and another from the U.S.A. Hey, hey, hey.
That’s the way in Hawai’ine
Everybody come, and some folks stay.
Bring a little aloha to Hawaii.
I’m an Indian wherever I go,
Hawaiian sun or Canada snow.
And when I’m in Hawai’ine,
I’m still in Indian. Eya Eya.
JUAN GONZÁLEZ: That was Buffy Sainte-Marie singing "I’m an Indian Wherever I Go" on Sesame Street. The impact that your performances there, your appearances there, had in terms of young people in America, and in the minute that we have left, where you’re going to be performing next?
BUFFY SAINTE-MARIE: Well, we’ve been on—this is the—we have one more concert in Schenectady, New York. This is the very end of a month-long tour. Last month we went all the way around the world. And next month we’re going across Canada.
JUAN GONZÁLEZ: And the impact of Sesame Street in terms of—
BUFFY SAINTE-MARIE: Well, Sesame Street was a place that I could go and take the same positive message about Native American people to 72 countries of the world three times a day. They never stereotyped me. We did things about Native American culture. We also did things on breast feeding, on sibling rivalry, on raising kids—
AMY GOODMAN: You had your son Cody on.
BUFFY SAINTE-MARIE: Yes, my son Cody was on, yeah. He’s a big grown-up guy now.
AMY GOODMAN: So, what do you hope to be doing now, as you go on this tour, the message you’re spreading? You were fighting the Vietnam War. You were blacklisted. We’re now in the midst of—well, I don’t know if we can count the number of wars we’re involved with in the Middle East.
BUFFY SAINTE-MARIE: Yeah. I really am on a campaign to appreciate the good things that we have going on right now, which is really being awake. I have been to the Alberta tar sands, where fracking—you know, it’s fracking central. I’ve seen it. It’s much worse than I could have imagined.
AMY GOODMAN: We have five seconds.
BUFFY SAINTE-MARIE: I live in Hawaii. GMO is everywhere. They’re spreading pesticides, spraying them all over us, and it’s very, very serious. So, thank you, people, for being awake. Please stay positive. Please put down violence. Step up. Learn alternative conflict resolution.
AMY GOODMAN: Buffy Sainte-Marie, thanks so much for being with us, Canadian First Nations singer, songwriter and activist.
Headlines:
ISIL Seizes Last Government-Run Border Crossing in Syria
The self-proclaimed Islamic State has reportedly seized the last Syrian government-controlled border crossing between Syria and Iraq. The Syrian Observatory for Human Rights says Syrian troops have withdrawn from al-Tanf. ISIL’s latest advance follows its capture of the Iraqi city of Ramadi and the ancient Syrian city of Palmyra. UNESCO Director-General Irina Bokova appealed for a ceasefire in Palmyra to preserve some of the world’s most renowned historic structures.
Irina Bokova: "I appeal to all parties involved in the conflict for an immediate ceasefire in and around Palmyra. It is an extremely important World Heritage Site, which belongs to the whole of humanity, and we have the responsibility to protect and preserve it. I can’t imagine that the world will never see Palmyra anymore. And also, Palmyra is very closely linked to the people living around it. The city of [Tadmur], which is in this oasis close to the palm growth which are there, we want to protect also the civilians equally as we protect the heritage."
The United Nations meanwhile said it’s received reports of Syrian government forces preventing residents from leaving Palmyra, where ISIL forces have been executing residents.
U.S. Admits Strike in Syria Killed 2 Children
Meanwhile, the U.S. military has acknowledged a U.S. airstrike last year in Syria likely killed two children, marking the first time the United States has admitted to civilian casualties in the campaign against ISIL. The children were killed in a strike targeting the al-Qaeda-linked Khorasan Group near Harim City. The Syrian Observatory for Human Rights has put the civilian toll from the U.S.-led campaign in Syria far higher, saying 131 civilians have been killed, including 42 children.
Yemen: Saudi Shells Kill 5 Ethiopian Refugees
In Yemen, five Ethiopian refugees were killed when Saudi shells struck an international aid office in the town of Maydee. Ten other refugees were wounded. Airstrikes and deadly clashes raged across Yemen Thursday, a day after the U.N. announced it will convene a meeting of Yemen’s rival factions next week. There were reports of further civilian casualties during intense Arab bombing, including eight members of a single family killed in the province of Dhamar.
Report: Both Sides in Ukraine Committing War Crimes
Amnesty International has accused both sides of the conflict in Eastern Ukraine of carrying out war crimes, including torture and summary killings of prisoners, on a near-daily basis. Former prisoners held by both the Ukrainian government and pro-Russian rebels described abuses, including being beaten until their bones broke, tortured with electric shocks and subjected to mock executions.
TPP Fast-Track Bill Clears Hurdle in the Senate
In the United States, the Senate has voted to end debate on a measure to give President Obama fast-track authority to negotiate the secretive 12-nation Trans-Pacific Partnership trade deal, or TPP. The measure would let Obama present the deal to Congress for a yes-or-note vote with no amendments. It advanced despite opposition across the political spectrum, from lawmakers including Alabama Republican Senator Jeff Sessions and Democratic Ohio Senator Sherrod Brown, who said the TPP would lead to job loss.
Sen. Sherrod Brown: "We make decisions here that throw people out of work. And even The Wall Street Journal editorial page, the greatest cheerleader, the most vigorous, vociferous cheerleader for free trade of any newspaper in the country, I believe, even they acknowledge people are thrown out of work from trade agreements because of the dislocation. But we’re going leave here, and we’re going to vote on this without even having amendments on how to take care of those workers and how to do trade enforcement. It simply doesn’t make sense."
Senate Scrambles to Act on Bulk Phone Spying Before It Expires
The NSA’s bulk collection of phone data may be on the verge of lapsing as the Republican-led Senate scrambles to renew key portions of the PATRIOT Act before they expire. The Obama administration has warned lawmakers they must act today, because it needs time to halt the bulk spying program if they can’t reach a deal. The House passed a measure to end bulk spying, then left for a recess set to end June 1, when the program expires. Senate Majority Leader Mitch McConnell had opposed any curbs to bulk spying and is now pressing for a two-month extension of the program, which a federal appeals court has ruled illegal.
Ireland Holds Historic Same-Sex Marriage Referendum
In Ireland, voters are going to the polls today in a historic referendum on legalizing same-sex marriage. The referendum would make Ireland the first country in the world to adopt same-sex marriage through a vote. Despite opposition from religious leaders in the heavily Catholic country, opinion polls show the measure is expected to pass.
Boy Scouts President Calls for End to Ban on LGBT Scout Leaders
The president of the Boy Scouts of America has called for an end to the organization’s ban on LGBT adult leaders. Robert Gates, who previously served as CIA director and as defense secretary under Presidents George W. Bush and Obama, made the call at a national meeting in Atlanta, Georgia.
Robert Gates: "We must deal with the world as it is, not as we might wish it would be. The status quo in our movement’s membership standards cannot be sustained. We can expect more councils to openly challenge the current policy. While technically we have the authority to revoke their charters, such an action would deny the lifelong benefits of scouting to hundreds of thousands of boys and young men today, and vastly more in the future. I will not take that path."
In 2013, the Boy Scouts of America lifted a ban on gay scouts, but not on gay adult leaders.
Baltimore Grand Jury Indicts 6 Officers in Freddie Gray’s Death
A grand jury in Baltimore, Maryland, has indicted six Baltimore police officers in the death of Freddie Gray. Gray’s family says his spine was "80 percent severed at his neck" after he was arrested by police who accused him of making eye contact, then running away. The indictments came nearly three weeks after Baltimore State’s Attorney Marilyn Mosby announced her decision to bring criminal charges against the officers. We’ll have more on Baltimore after headlines.
"Say Her Name" Protests Nationwide Honor Black Women Killed by Police
Protesters gathered in at least 20 cities across the country for a national day of action to honor women of color killed by police. While names like Freddie Gray and Michael Brown have become household terms, protesters sought to elevate lesser-known names like Tanisha Anderson, Rekia Boyd, Miriam Carey, Michelle Cusseaux, Shelly Frey, Kayla Moore and Aiyana Stanley-Jones. Hundreds gathered in San Francisco, many of them African-American women who protested topless.
Protester: "In America, we kill women, at 2 a.m., with no probable cause and excessive force. In America, we kill women, at 2 p.m., with a gunshot to the head and no last words, no second chance, no final prayers. In America, we kill women. We kill them this way in Oakland, California, in Ferguson, Missouri, in Detroit, Michigan, in Boston, Massachusetts, in Chicago, Illinois. We kill them this way in America."
To see our interview with law professor Kimberlé Crenshaw and relatives of Rekia Boyd and Michelle Cusseaux about the Say Her Name campaign, you can go to democracynow.org.
Akai Gurley’s Partner Sues New York City over Police Shooting Death
In New York, the family of an unarmed African-American man fatally shot in the dark stairway of a Brooklyn housing project has filed a lawsuit against the city. Akai Gurley was 28 years old when he was killed by Officer Peter Liang. Authorities have described his death as a tragic accident, saying he was totally innocent. Gurley’s partner Kim Ballinger’s attorney, Scott Rynecki, said Liang drew his weapon for no reason.
Scott Rynecki: "The officer had absolutely no reason or provocation for having his gun out of its holster, in his hand, and his finger on that trigger. So there’s a lot of things here that must be looked into, both with the training and in the matter — in the criminal case, as well."
Washington: Cop Shoots 2 Unarmed Men Accused of Trying to Steal Beer
Hundreds of demonstrators rallied in Olympia, Washington, after a police officer shot two unarmed African-American men accused of trying to steal beer from a grocery store. Officer Ryan Donald shot and wounded Andre Thompson and his stepbrother Bryson Chaplin, claiming one of them assaulted him with a skateboard. Both men are expected to survive. Officer Donald is on administrative leave.
Thousands Call for $15-an-Hour Minimum Wage at McDonald’s HQ
Thousands of people descended on McDonald’s headquarters in Oak Brook, Illinois, for a second day to demand a $15-an-hour minimum wage and the right to unionize. Protesters delivered a petition with 1.4 million signatures in support of worker demands. McDonald’s recently announced it would start paying workers $1-per-hour above the local minimum wage at company-owned stores — only about 10 percent of its locations.
Guatemalan President Fires Top Officials amid Corruption Scandal
Guatemalan President Otto Pérez Molina has fired several top officials amid a corruption scandal which has prompted calls for his resignation. President Pérez Molina said he had dismissed his interior, energy and environment ministers, the intelligence chief and other officials. This week at least 16 people, including the central bank chief and head of the Social Security Institute, were arrested on accusations of rigging a contract for dialysis services in favor of a pharmaceutical firm. A number of patients died after the shift. This follows an earlier probe over a customs fee corruption ring, which prompted the vice president to resign.
El Salvadoran Archbishop Óscar Romero, Killed by U.S.-Backed Death Squad, to Be Beatified
And El Salvadoran Archbishop Óscar Romero will be beatified Saturday in San Salvador in a step toward sainthood. Archbishop Romero was known as the "voice of the voiceless," an advocate for the poor and leading critic of the U.S.-backed Salvadoran military government. He was killed March 24, 1980, by members of a U.S.-backed death squad while delivering mass at a hospital chapel. His assassination was ordered by Salvadoran military officer Roberto D’Aubuisson, a graduate of the U.S.-run School of the Americas. An envoy of Pope Francis will lead his beatification before an expected audience of hundreds of thousands of people.
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"An Act of Protest, Not Sabotage, at the Birthplace of the Bomb" by Amy Goodman with Denis Moynihan
There is a vast military complex deep in the hills of eastern Tennessee called “Y-12.” This is where all of the highly enriched uranium is produced and stored for the production of the U.S. nuclear-warhead arsenal. It is in Oak Ridge, the city that was created practically overnight during World War II, that produced the uranium for the atomic bomb that was dropped on Hiroshima on Aug. 6, 1945. Today, the facility, dubbed “The Fort Knox of Uranium,” holds enough of the radioactive element to make 10,000 nuclear bombs.
It was there, in the pre-dawn hours of July 28, 2012, that three “Plowshares” peace activists, including an 82-year-old nun, penetrated the facility’s myriad security systems and got to the heart of the complex, the Highly Enriched Uranium Materials Facility, or HEUMF. They spray-painted messages of peace on the wall, poured blood, hammered on the concrete and were arrested. Earlier this month, a federal appeals court overturned their convictions for sabotage, setting them free after two years in prison. This was the first time convictions for sabotage for Plowshares activists have been reversed, a historic moment for nuclear disarmament.
Plowshares is a movement that derives its name from the biblical verse Isaiah 2:4, which instructs “they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war anymore.” Inspired by faith and committed to action, Plowshares activists for the past 35 years have repeatedly engaged in nonviolent direct action. They access secure military facilities, hammer on weapons of war, be they warplanes or missile silos — or, in this most recent case, the facility that enriches and stores uranium for bombs. Among the first Plowshares activists were the Berrigan brothers, Father Daniel and the late Philip, who had gained national attention by burning draft records to protest the Vietnam War. In 1980, the Berrigans and others entered a General Electric plant in King of Prussia, Pa., where nuclear missiles were made, and hammered on nose cones, making them unusable. They went to prison for that and many subsequent actions. Scores of similar Plowshares disarmament protests have occurred around the globe since then.
The protesters who gained entry into the ultrasecure Y-12 complex were an unlikely trio: Sister Megan Rice, a Catholic nun; Michael Walli, a Vietnam veteran turned Catholic peace activist; and Greg Boertje-Obed, a former U.S. Army officer, now a house painter and peace activist. After cutting through four separate fences and traversing patrolled grounds to get to the HEUMF, they painted slogans that read “The Fruit of Justice Is Peace” and “Plowshares Please Isaiah.” Like the previous actions, this group coined a name for themselves, “Transform Now Plowshares.” I asked Sister Megan what that meant. “Why have we spent $10 trillion in 70 years, when that could have been used to transform not just the United States, but the world, into life-enhancing alternatives?” she told me. “Instead, we make something that can never be used, should never be used, probably will never be used, unless we want to destroy the planet.”
The security breach sent shock waves through the national-security establishment, especially at the Department of Energy, which runs Y-12. While the three Transform Now Plowshares activists faced federal sabotage charges and up to 30 years in prison, they were still out on bail and free to attend the congressional hearings prompted by their act of civil disobedience, which The New York Times labeled “the biggest security breach in the history of the nation’s atomic complex.’ Texas Republican Congressman Joe Barton praised Sister Megan Rice: “We want to thank you for pointing out some of the problems in our security. While I don’t totally agree with your platform that you were espousing, I do thank you for bringing out the inadequacies of our security system ... that young lady there brought a Holy Bible. If she had been a terrorist, the Lord only knows what could have happened.”
Massachusetts Democratic Congressman Ed Markey, now a senator, addressed her as well, adding, “Thank you for your willingness to focus attention on this nuclear-weapons buildup that still exists in our world and how much we need to do something to reduce it.”
Sister Megan Rice is now 85 years old. She and her two co-defendants await a lower court’s decision on whether or not they should continue serving time for the lesser charges of destruction of government property, for cutting fences, painting slogans and pouring blood on Y-12. But freedom from prison is clearly not her first concern. “As long as there’s one nuclear weapon existing,” she told me, “nobody is free.”
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