Mishka Zena

I’m interrupting my long-planned break from blogging. I’ve taken short breaks before, but not an extended break since I began blogging almost three years ago. I’m also spending minimal time on the Internet. So far, the break has been wonderful and I’m loving it. I don’t know how much longer the break will last, though. Many people have asked me to blog on assorted topics, but I’ve declined since I needed the break big time. However, this one is too important, as the legal system as it impacts the Deaf community is an important issue for me. 

Deaf woman’s murder, kidnapping convictions upheld | Grand Forks Herald | Grand Forks, North Dakota

This is bad news.  Let me explain the reasons.

First of all, let me tell you I’m biased. I feel Daphne Wright deserved the death penalty because I’m convinced the killing was pre-meditated. Based on my extensive interviews with people who knew her well, in NC, MD and elsewhere, the police let the Deaf Community down for a long time by failing to arrest and prosecute this woman years ago. She was a ticking time bomb and it was a matter of time before she killed someone. It was no surprise that she ended up being charged with a murder. I felt sick to my stomach when I arrived at that sad conclusion.

However, as a civil rights activist, I see the recent decision of the South Dakota Supreme Court not to hear her appeal as a bad decision. It’s true that she didn’t receive equal accessibility during her trial. Her lawyer’s request for a certified Deaf  interpreter for the deaf (CDI) was declined by the local judge. All the interpreters at court were supposed to be fluent in ASL, yet at least one interpreter used SEE. What the heck??? CART was provided on site as a back up, but she didn’t possess the fluency in  English to fully understand the typed materials. Apparently none of the other interpreters on site took the time to inform her lawyer that she didn’t interpret ASL. After several spectators told me, I passed the news on to her lawyer who was apparently surprised at receiving this news.  Good grief. Wasn’t there a consultant appointed to oversee the interpreters and ensure they are qualified to interpret a death penalty murder trial?  It was unsettling to realize no safety net was provided for this Deaf defendant.  By the way, for a lawyer with no previous experience representing a Deaf client, it’s my personal opinion that this defense lawyer did a pretty good job. She tried her best and she managed to get a life sentence for the defendant, no small feat. But overall, this experience demonstrates a tremendous need to educate the justice system regarding the needs of Deaf people.

Over the years, It had become painfully obvious to me that the rights of Deaf people in the legal system are not protected. I feel very fortunate that I was able to locate a superb lawyer for my hospital lawsuit, but it was not by coincidence. I did a lot of legal legwork and looked high and low for a hungry and aggressive lawyer, interviewing many lawyers before I settled on one. I conferred with the lawyer prior to depositions and court hearing regarding the communication needs of the Deaf people and discovered that she also recalled the mistakes made during the murder trial of Carl Dupree, during which the interpreters basically bungled their jobs. Prior to that court case in early 1990’s, it was assumed that the failure to understand the interpreters was due to Deaf people’s ‘limited English skills’, but that particular case proved poor comprehension wasn’t necessarily the cause, but due to the skills of the interpreters, a stunning and disturbing revelation for the lawyers and advocates of Deaf people. Unlike earlier cases, the Deaf witnesses and involved Deaf parties were college students and college graduates, some of them bearers of advanced degrees. Anyway, I realize I am the exception and not many people, including hearing people, have the same privileges I have.  The majority of the public would be out of their league in the legal system to begin with–much more so for the Deaf.

I don’t think there are many people who are still convinced of Daphne Wright’s innocence.  I am looking at the big picture. What if this Deaf defendant had been railroaded by shoddy police work and turned out to be innocent? And ended up in jail because of inappropriate interpreting work? Where is the protection for Deaf defendants and plaintiffs? To realize that in the 21st Century, there still aren’t adequate safeguards for Deaf people in the legal system is ominous.

SSSD: Since the school is still slated to be closed on June 30th, SSSD filed a legal injunction at the federal courts against PA, asking the courts to stop the closing until legal proceeding against them are addressed.  Three families of four SSSD students have filed a lawsuit due to the lack of transitional plans. The school actually made no plans for the education of students after the slated closing.

There will be a rally at Pennsylvania State Capitol in  Harrisburg today, attended by SSSD administrators and others in an effort to increase support for SSSD. 

SDSD: SDSD won’t be closed for now. However, the school will be facing significant changes in its programs and includes reduction of staff for next year

Links:

SSSD Families File Lawsuit Against State   

School for Deaf files injunction | Wilkes-Barre News | The Times Leader

KELOLAND.COM – SD School For The Deaf Braces For Layoffs

Last year some Deaf people went to the Wisconsin state legislature to express their opposition to this bill. This bill that would force all health insurance companies to cover the expenses of cochlear implants and hearing aids for Deaf children living in Wisconsin, wasn’t passed during that session.

This bill recently passed both the Senate and the Assembly easily and is awaiting for the Governor to sign the bill. Once the bill is signed, the insurance companies can no longer deny these WI families coverage due to the deafness being a pre-existing condition. This law could save families hundreds of thousands of dollars.

The growing popularity of cochlear implants and its success rate reported by the parents of c.i. children and various organizations have been recognized by this state legislature.  Other states are expected to make similar bills mandating insurance coverage in the near future due to intensive lobbying by its citizens and organizations representing hearing impaired people.

This passage shows even more the importance of educating the parents of these c.i. children the value of ASL.  This way the children will have a language base before they receive cochlear implant.  This linguistic foundation will make their ability to master listening and speaking easier AND help those  children who may not benefit from cochlear implants.   Bill Passes to Make Insurance Cover Children’s Hearing Restoration – WBAY-TV Green Bay-Fox Cities-Northeast Wisconsin News:

Several months ago while I was researching the deaf schools facing budget cuts and planned school closings, an alumnus alerted me of a Deaf school where the deaf kids in an oral program are segregated from the Deaf students using ASL in the same building. These groups reportedly are not allowed to socialize or even speak to each other. 

Two weeks ago, a friend shared with me how a mother of a C.I. student instructed her oral deaf child’s IEP team that this child isn’t permitted to have any access to the ASL-using Deaf students in the public school. This IEP is enforced by the public school staff.

Supreme Court had determined segregated schools based on skin color unconstitutional.  One of the factors leading to this decision was based on a study indicating the different treatment detrimental to the self esteem of these African American children, with the majority thinking the Caucasians superior to them.

In the public schools, the hearing students are not segregated from each other due to fluency of different languages other than English. Nor are they forbidden to have any interactions with each other.

Why are the ASL-using Deaf and oral deaf students subjected to this enforced segregation?   What messages do this practice send to these students?   That the Deaf students using ASL are ‘contagious’, therefore the oral deaf students must be ‘protected’ from these students? 

Is this a good example of audiolinguicism, a form of discrimination based on one’s ability to hear and the use of a language?  This word hasn’t been coined formally, but both Deaf Pundit and I think this is a satisficatory term for dual discrimination, audism and linguicism.

Should segregation with no socialization between these students , based on hearing status and language be practiced in public schools funded by taxpayers? Is this practice legal?

I’ve been watching Carl’s vlog at DVTV ‘Hidden Agendas Behind Cochlear Implants’.  http://www.deafvideo.tv/video/watch/45321/  The room temperature there is getting hot.

A question for certain members of the Deaf Community who reject cochlear implants. Do you feel oppressed by the presence of cochlear implants? Do you feel oppressed when you see Deaf people, children, and toddlers wearing cochlear implants?

I am trying to understand what’s so evil about cochlear implants.  I see it as a technological tool to help Deaf people hear, but I understand it contradicts the mores of the Deaf Culture treasuring its Deafness  or Deafhood as some people prefer the term.  Some Deaf people do enjoy listening while others are more content  not hearing anything.  In my opinion, it is all about cultural values.  Some of us have the same cultural values while others don’t.   I won’t say people are right or wrong for what they feel  as feelings are just feelings and whether we agree with other people’s feelings or not, these feelings are valid to them. All we can do is try to understand, so maybe in a way, we can understand each other better.  What I am seeing is that a lot of Deaf people feel very oppressed by each other, something I suspect many are not aware of.

So hence my question how some Deaf people feel when they encounter this device.

Please no bashing. We are dealing with a very sensitive issue here and it’s imperative that we understand each other better, whether we agree or not.  After all, we all live in the same community. Peace  MZ.

P.S. Please no pointing fingers  or blaming at specific individuals.  This is a community issue, not an individual issue.  Thank you. MZ

William Hurt to Marlee Matlin: “I Apologize for Any Pain I Caused”
 
Marlee Matlin is spilling. William Hurt is sorry.

Matlin has been making the rounds touting her new memoir, I’ll Scream Later, and raising some eyebrows with allegations that she was abused by Hurt during their two-year relationship that blossomed on the set of 1987’s Children of a Lesser God.

“I always had fresh bruises every day. And if I had a split lip, or if…I mean, there were a lot of things that happened that were not pleasant,” Matlin told Access Hollywood in an interview Monday. “I was always afraid…of him, but I loved him. Or maybe I thought I did. But look, I was 19, he was 35.”

The actress, now 43, recounted one particular incident on the night of her Best Actress win for Children. She claimed Hurt threw her on a bed and stripped her naked as she cried, “No, no, no. Please Bill, no.” To read more, click on William Hurt to Marlee Matlin: “I Apologize for Any Pain I Caused” – E! Online

Commentary: The statements made by Marlee Matlin at Larry King show were disturbing.  Hurt abusing her every day?  She stayed with Hurt for two years since she didn’t know anyone in NYC and  domestic violence centers back then were not equipped to deal wtih Deaf survivors.  I am glad that more and more domestic violence centers for the Deaf are sprouting all over the country.  Abused Deaf people have access to help now that they didn’t over 20 years ago.

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To reach a Deaf DV Advocate 9am-5pm (PST), M-F
Videophone IP Address: 69.17.111.201
Email: adwas@ndvh.org
IM: ADWASHotline
Please note: The above hotline is closed 12 pm to 1 pm every day and as well as during major holidays).

To reach a hearing DV Advocates 24 hours
TTY: 1-800-787-3224.

One thing I can say about Marlee Matlin: She is quite a fighter!  MZ

Marlee’s sharing her abuse experience by William Hurt: Marlee Matlin Talks About William Hurt, Abuse

While reading AFA’s letter requesting for a copy of the CART transcription from the AFA/AGBADHH meeting two weeks ago, apparently on the behalf of two deaf oral AGBADHH representatives, a thought came to my mind.  Why was the CART services needed in the first place?

Wasn’t there an interpreter in the room, voicing for Deaf AFA leaders. Weren’t these deaf oral representatives able to lipread the interpreter?

I am surprised to see that these deaf oral representatives still needed CART transcriptions, even with an interpreter voicing for the Deaf people in the room.   “We understand that the CART was provided as an access provision for the two Deaf AG Bell representatives. Since the CART is a word file and permanent record of the meeting, we would very much value having a copy for our history. “ AUDISM FREE AMERICA: AFA’s 2nd follow up email to AG Bell Assoc

Last summer  Jay Wyant, the newly elected oral deaf president of AGBADHH, was able to use the voicing interpreter during the interview with Ruthie Jordan.  I am confused.  Am I missing something here?

Please no bashing.  Thank you

P.S.  Only comments related to this topic  will be posted. No attacks will be published.

Live blog: Daphne Wright’s apperance before state Supreme Court | argusleader.com | Argus Leader

It’s in progress now.

Hat Tip to the former Argus reporter, Chuck Baldwin, who covered her first trial.

Update:

8:37 The South Dakota Supreme Court will convene at the University of South Dakota Law School at about 9 a.m. this morning to hear arguments in the appeal of Daphne Wright, convicted of the 2006 kidnapping and murder of Darlene VanderGiesen.

Wright is appealing on several issues, including whether the trial court should have allowed the suppression of statements she made during an interview with law enforcement and whether Wright’s kidnapping conviction violate double jeopardy.

8:43 Media access to the courtroom is restricted to the media room. It’s impossible to see the audience or both tables where the attorneys for Wright and the Attorney General’s office sit. Attorneys for both sides are settled and mulling over paperwork as the audience settles in.

The audience consists of lawyers from Sioux Falls, law students and past and former judges.

8:51 Cameras set up outside the newsroom pan the courtroom. VanderGiesen’s parents are here, sitting near in the front. Technicians tinker with last minutes fixes to the audio feed and cameras.
 
9:03 The court is seated and gives Wright’s lawyer, Minnehaha County Public Defender Traci Smith walks to the lecturn. She is given 20 minutes to make her arguments.

9:04 Smith begins her arguments by describing some activities of Wright during her police interview.
 
9:05 Smith said that Wright was not read her Miranda rights and not told when a lawyer for her arrived at the Law Enforcement Center in Sioux Falls in February 2007.
 
9:06 “She had written several notes to the law enforcement detective … on those pages … in the record there are several written requests for a lawyer,” Smith said.

9:14 State’s theory of the case used those statements against Wright made during that interview, which Smith argues should not have been used because of how the police conducted the interview.

9:17 Smith has moved on to another issue: the voluntariness of Wright’s statements to police
 
9:21 Wright’s prompt access to a waiting attorney, and she didn’t feel free to leave the law enforcement center, and detective kept cutting off the Wright’s interpreter, Smith said. All this may raise the question whether Wright’s statements to police were voluntary or not.
 
9:22 Justice Meierhenry moves Smith to the issue of interpreters used during Wright’s trial.
 
9:30 [Comment From John]
They must believe there is a possibility of her release or today’s hearing wouldn’t be happening

To read the rest, click   Live blog: Daphne Wright’s apperance before state Supreme Court | argusleader.com | Argus Leader

How horrible. A Deaf woman and her two kids were killed, allegedly by her common law husband in Trinidad area, which borders the campus of Gallaudet University.  The murders were suspected to result from domestic violence. I have no idea if the slain victim, Erika Peters, was an alumnus of Gallaudet or MSSD.  Deaf Woman and Her Two Kids Killed in Trinidad Neighborhood | WUSA9.com | Washington, DC |

For a long time  I have been covering the case of Tallie Antolin, killed by the hands of her former boyfriend, Chris Lambert.  Both the victim and the murderer were well known in the Deaf circles as they both attended Gallaudet. The case finally ended last year with a plea bargain agreement, bringing a long-overdue closure to the grieving family and friends.  Several months ago, I asked a family member of Tallie Antolin the best way to reach the audience about domestic violence and he said the education needs to start at the elementary schools. By the time the students were in junior and senior high school,  it may be too late.  Checking further, I discovered that domestic violence education wasn’t generally provided at the elementary schools.

Some time ago, I watched DeafHope’s “Till Domestic Violence Do Us Part’, a educational DVD,  beautifully created by the talented Deaf filmmakers Wayne Betts and Chad Taylor. The DVD was narrated in ASL, using Deaf actors and actresses. The power-control wheel  was thoroughly explored. Not only were the aspects of domestic violence explained : physical violence, sexual violence, economic abuse, and emotional abuse, but each aspect was also followed up by a brief skit expanding on the concept. These skits were both illuminating and powerful. You can still view the DVD shown free of charge. http://www.deaf-hope.org/seaofdreams/  I heartily recommend this DVD. DeafHope is still engaging in fundraising efforts to help support its current programs along with a new goal: a residential setting for the survivors of the domestic violence.  Please help them accomplish these goals so the Deaf domestic survivors can get help and support in an ASL-rich atmosphere.

My deepest condolences to the family and friends of Erica Peters and her children

P.S. Libelous statements against agencies and personal attacks on specific individuals will not be published.  This topic is about domestic violence.  Only comments related to this topic will be published, so please stay with the topic. Thank you. MZ