In the Tacoma News Tribune SOUTHSOUND, section B, FrontPage article on Friday, July 25, 2008, “The NAACP alleges racial bias” from the office of Pierce County, WA Prosecutors case against Harold Wright Jr. The case was brought about by a then, 19 year old White female student at Spanaway High School back in 2004, whom she accuses of rape. The jury convicted Mr. Wright and a co-defendant, Richy Carter, both of whom are African-Americans, of third-degree rape in July 2007. According to RCW 9A.44.060,
Rape in the third degree.
(1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person, not married to the perpetrator: (a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct, or (b) Where there is threat of substantial unlawful harm to property rights of the victim.
Even rape in the second degree requires a legally stringent test as evidenced by RCW 9A.44.050
Rape in the second degree.
(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person: (a) By forcible compulsion; (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
In order to meet this criterion the Prosecution would have to prove, “Beyond a Reasonable Doubt” that the victim did not consent to the sexual encounter, and that the victim’s lack of consent [and intention] was ‘clearly’ expressed by her words and actions that would be apparent to her assailants. Also, the DNA tests would have revealed not only the presence of bodily fluids matching one or more of her assailants (as with Mr. Carter), but there would also be forensic evidence of forcible vaginal penetration. Some other troubling facts to the case is that the victim and her friends were at a bar partying and drinking when they met some Black men and one of them invited either all of the girls together or the lone victim to accompany them to an unidentified man’s townhouse.
The female victim doesn’t recall all the details and cannot say with certainty that she had forcible sex with one man or two, whereupon she was raped in an unlit bathroom that was too dark for her to clearly identify who violated her. There was however, DNA evidence matching those of Wright’s on the woman’s body to which he said was brought about by her brushing up against him while dancing with nothing on but a bra and jeans. Perhaps the bigger question for Wright is one of moral responsibility and common sense because why would a married father of 3 daughters and a Vice-principal (at that time) exercise such poor judgment being in that situation?
Another thing which doesn’t add up is the Plaintiff’s assertion about having a fear of Black men, which seems to run counter to her behavior on the night in question 4 years ago. Also, it is curious that the Prosecution would exclude the only Black juror (“male”) and appoint an alternate who had no power to deliberate. Mr. Wright, of course, is still not out of the woods yet because even if he did not participate in criminal behavior but rather observed one taking place and did not attempt to prevent it from occurring or if he did nor inform the police as soon as possible, then he is just a “guilty” as the actual perpetrators. When the appeal for a “Writ of certiorari” is granted and ‘Justice’ is finally satisfied after a new trial and judicial review, perhaps Mr. Wright will have learned a valuable lesson; something that is not taught in school. It is better to keep your zipper up and to keep it at home where it belongs.
Robert Randle
776 Commerce St. #B-11
Tacoma, WA 98402
July 25, 2008
pbks@hotmail.com
