Monday, January 19, 2009

"AND THEN THEY CAME FOR ME ... AND BY THAT TIME THERE WAS NO ONE LEFT TO SPEAK UP."

This case struck a nerve in the people of Michigan. Many observers have strong opinions and feelings about it. People of conscience, and particularly residents of Troy Michigan, have expressed concern about what occurred in the case of People of Troy v. Alycia Martin. There is a famous poem which bears on a basic instinct to help people victimized or oppressed:

  • "In Germany, they came first for the Communists, And I didn’t speak up because I wasn’t a Communist; And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist; And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew; And then . . . they came for me . . . And by that time there was no one left to speak up."
Aside from the basic human instinct to help a person in obvious danger and distress, it is also a matter of civic responsibility, since Roman times, to avoid inequity in the application of law. Every citizen is only one charge away from sitting in Alycia Martin's chair, and if there is a rich and powerful person on the other side of a controversy or engaged in an alleged criminal act, and the public office holders automatically side with that person because of their political or economic station, then you will be broken. Make no mistake about it.

Thomas Athans resides in a suburban home on a golf course, and is the spouse of a sitting US Senator.

In contrast, Alycia Martin currently lives in Detroit, Michigan.
On February 26, 2008, the Troy Police abandoned their sworn duty to uphold the laws equally against Alycia and against the confessed john, Thomas Athans. It has been argued that the only reason Thomas Athans was released and allowed to drive away from his confessed crime, and on a suspended license was because of his position and marriage to a sitting U.S. Senator.

The "activity" of allowing Athans to drive away on a suspended license (MCL 257.904) is separate and apart from the "activity" of taking is spontaneous confession to criminal acts and not arresting the individual on the spot. Athans written and oral statement supported arrest and charges as follows: Engaging a Prostitute (MCL 750.449a); Soliciting a Prostitute (MCL 750.448); Disorderly Person (750.167(1)(i)(j)); Sodomy statute (MCL 750.158); Troy City Ordinances: 98.03.11 - Frequent Place of Illegal Business; 98.03.12 - Solicit Illegal Acts; and 98.03.10 -Transport to Place of Illegal Acts.

The reader can decide for themselves the "truth" about why, how, and when this case was handled by the Troy Police Department.

  • MCL 92.4 Police officers; powers; duties. Sec. 4. Under the direction of the mayor and chief of police, and in conformity with the ordinances of the city and laws of this state, the police shall... apprehend a person in the act of violating a law of this state, or an ordinance of the city.... take the offender before the proper court or magistrate, to be dealt with for the violation; make complaints to the proper officers and magistrates of any person known or believed by them to be guilty of the violation of the ordinances of the city or the penal laws of the state or to be responsible for a violation of an ordinance or law of this state designated as a civil infraction; diligently and faithfully to enforce all laws, ordinances, and regulations for the preservation of good order and the public welfare as the council may ordain...
  • MCL 752.11 Upholding or enforcing the law; duty of public officials. Sec. 1. Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor.
Of course, many observers have questioned how the Troy Police can rely on far flung legal exceptions to the search warrant requirement of a hotel room, but ignore their duty under Michigan Statute, MCL 92.4 and MCL 752.11, and ignore the plethora of criminal acts of Athans under the Troy City Code and Michigan Compiled Laws.

The reader can make an informed and reasoned conclusion based on the facts.

Moreover, equal enforcement of the laws against Johns, while practiced uniformily by all surrounding jurisdictions, is not a novel notion of law enforcement nationally. In fact Courts have recognized that basic fairness requires it, in case law from over 80 years ago:
"Men caught with women in an act of prostitution are equally guilty, and should be arrested and held for trial with the women. The law is clear, and the duty of the police is to act in pursuance of the law. The practical application of the law as heretofore enforced is an unjust discrimination against women in the matter of an offense which, in its very nature, if completed, requires the participation of men. . . As long as the law is upon the statute books, it must be impartially administered without sex discrimination." People v. Edwards, 180 N.Y.S. 631, 635 (Ct. Gen. Sess. 1920).
Most critically objective observers have concluded that the only reason Alycia Martin was arrested and charged is because she was vulnerable and impoverished. The only reason Thomas Athans was released and not charged for his confessed crimes was because he is powerful and wealthy. It should be noted that despite pronouncements of caring for the less fortunate members of society, no one from Senator Stabenow's office or any other public office offered help for Alycia Martin. Instead, dozens of "little people," people of conscience, and members of the religious community offered their assistance.

The law applies to all citizens, no one is above it, and Alycia Martin, or any impoverished person is not below it either. Police cannot be allowed to pick and chose who to enforce the laws against. This goes for Troy, Westland, Lansing, Detroit, and anywhere else in the State of Michigan, and even Washington, D.C.