I was in the Governor's Mansion for two years, enjoying the services of a very fine cook, who was a prisoner -- a woman. One day she came to me, after she got over her two years of timidity, and said, "Governor, I would like to borrow $250.00 from you."
I said, "I'm not sure that a lawyer would be worth that much."
She said, "I don't want to hire a lawyer, I want to pay the judge."
I thought it was a ridiculous statement for her; I felt that she was ignorant. But I found out she wasn't. She had been sentenced by a Superior Court judge in the state, who still serves, to seven years or $750. She had raised, early in her prison career, $500. I didn't lend her the money, but I had Bill Harper, my legal aide, look into it. He found the circumstances were true. She was quickly released under a recent court ruling that had come down in the last few years.
I was down on the coast this weekend. I was approached by a woman who asked me to come by her home. I went by, and she showed me documents that indicated that her illiterate mother, who had a son in jail, had gone to the County Surveyor in that region and had borrowed $225 to get her son out of jail. She had a letter from the Justice of the Peace that showed that her mother had made a mark on the blank sheet of paper. They paid off the $225, and she has the receipts to show it. Then they started a 5-year program trying to get back the paper she signed, without success. They went to court. The lawyer that had originally advised her to sign the paper showed up as the attorney for the surveyor. She had put up 50 acres of land near the county seat as security. When she got to court she found that instead of signing a security deed, that she had signed a warranty deed. That case has already been appealed to the Supreme Court, and she lost.
Well, I know that the technicalities of the law that would permit that are probably justifiable. She didn't have a good lawyer. My heart feels and cries out that something ought to be analyzed, not just about the structure of government, judicial qualification councils and judicial appointment committees and eliminating the unsworn statement -- those things are important. But they don't reach the crux of the point -- that now we assign punishment to fit the criminal and not the crime.
You can go in the prisons of Georgia, and I don't know, it may be that poor people are the only ones who commit crimes, but I do know they are the only ones who serve prison sentences. When Ellis MacDougall first went to Reidsville, he found people that had been in solitary confinement for ten years. We now have 500 misdemeanants in the Georgia prison system.
Well, I don't know the theory of law, but there is one other point I want to make, just for your own consideration. I think we've made great progress in the Pardons and Paroles Board since I've been in office and since we've reorganized the government. We have five very enlightened people there now. And on occasion they go out to the prison system to interview the inmates, to decide whether or not they are worthy to be released after they serve one-third of their sentence. I think most jurors and most judges feel that, when they give the sentence, they know that after a third of the sentence has gone by, they will be eligible for careful consideration. Just think for a moment about your own son or your own father or your own daughter being in prison, having served seven years of a lifetime term and being considered for a release. Don't you think that they ought to be examined and that the Pardons and Paroles Board ought to look them in the eye and ask them a question and, if they are turned down, ought to give them some substantive reason why they are not released and what they can do to correct their defect?
I do.
I think it's just as important at their time for consideration of early release as it is even when they are sentenced. But, I don't know how to bring about that change.
We had an ethics bill in the State Legislature this year. Half of it passed -- to require an accounting for contributions during a campaign -- but the part that applied to people after the campaign failed. We couldn't get through a requirement for revelation of payments or gifts to officeholders after they are in office.
The largest force against that ethics bill was the lawyers.
Some of you here tried to help get a consumer protection package passed without success.
The regulatory agencies in Washington are made up, not of people to regulate industries, but of representatives of the industries that are regulated. Is that fair and right and equitable? I don't think so.
I'm only going to serve four years as governor, as you know. I think that's enough. I enjoy it, but I think I've done all I can in the Governor's office. I see the lobbyists in the State Capitol filling the halls on occasions. Good people, competent people, the most pleasant, personable, extroverted citizens of Georgia. Those are the characteristics that are required for a lobbyist. They represent good folks. But I tell you that when a lobbyist goes to represent the Peanut Warehousemen's Association of the Southeast, which I belong to, which I helped to organize, they go there to represent the peanut warehouseman. They don't go there to represent the customers of the peanut warehouseman.
When the State Chamber of Commerce lobbyists go there, they go there to represent the businessman of Georgia. They don't go there to represent the customers of the businessman of Georgia.
When your own organization is interested in some legislation there in the Capitol, they're interested in the welfare or prerogatives or authority of the lawyers. They are not there to represent in any sort of exclusive way the client of the lawyers.
The American Medical Association and its Georgia equivalent -- they represent the doctors, who are fine people. But they certainly don't represent the patients of a doctor.
As an elected governor, I feel that responsibility; but I also know that my qualifications are slight compared to the doctors or the lawyers or the teachers, to determine what's best for the client or the patient or the school child.
This bothers me; and I know that if there was a commitment on the part of the cumulative group of attorneys in this State, to search with a degree of commitment and fervency, to eliminate many of the inequities that I've just described that I thought of this morning, our state could be transformed in the attitude of its people toward the government.
Senator Kennedy described the malaise that exists in this Nation, and it does.
In closing, I'd like to just illustrate the point by something that came to mind this morning when I was talking to Senator Kennedy about his trip to Russia.
When I was about 12 years old, I liked to read, and I had a school principal, named Miss Julia Coleman, Judge Marshall knows her. She forced me pretty much to read, read, read, classical books. She would give me a gold star when I read ten and a silver star when I read five.
One day, she called me in and she said, "Jimmy, I think it's time for you to read War and Peace." I was completely relieved because I thought it was a book about cowboys and Indians.
Well, I went to the library and checked it out, and it was 1,415 pages thick, I think, written by Tolstoy, as you know, about Napoleon's entry into Russia in the 1812-1815 era. He had never been defeated and he was sure he could win, but he underestimated the severity of the Russian winter and the peasants' love for their land.
To make a long story short, the next spring he retreated in defeat. The course of history was changed; it probably affected our own lives.
The point of the book is, and what Tolstoy points out in the epilogue is, that he didn't write the book about Napoleon or the Czar of Russia or even the generals, except in a rare occasion. He wrote it about the students and the housewives and the barbers and the farmers and the privates in the Army. And the point of the book is that the course of human events, even the greatest historical events, are not determined by the leaders of a nation or a state, like presidents or governors or senators. They are controlled by the combined wisdom and courage and commitment and discernment and unselfishness and compassion and love and idealism of the common ordinary people. If that was true in the case of Russia where they had a czar or France where they had
an emperor, how much more true is it in our own case where the Constitution charges us with a direct responsibility for determining what our government is and ought to be?
Well, I've read parts of the embarrassing transcripts, and I've seen the proud statement of a former attorney general, who protected his boss, and now brags on the fact that he tiptoed through a mine field and came out "clean." I can't imagine somebody like Thomas Jefferson tiptoeing through a mine field on the technicalities of the law, and then bragging about being clean afterwards.
I think our people demand more than that. I believe that everyone in this room who is in a position of responsibility as a preserver of the law in its purest form ought to remember the oath that Thomas Jefferson and others took when they practically signed their own death warrant, writing the Declaration of Independence -- to preserve justice and equity and freedom and fairness, they pledged their lives, their fortunes and their sacred honor.
Thank you very much.
The Banshee Screams for Buffalo Meat
Requiem for a Crazed Heavyweight. . . An Unfinished Memoir on the Life and Doom of Oscar Zeta Acosta, First & Last of the Savage Brown Buffalos. . . He Crawled with Lepers and Lawyers, but He Was Tall on His Own Hind Legs When He Walked at Night with the King. . .
The following memoir by Dr. Thompson is the painful result of a nine-week struggle (between the Management and the author) regarding the style, tone, length, payment, etc. -- but mainly the subject matter of the National Affairs Desk's contribution to this star-crossed Tenth Anniversary Issue. . .
And in at least momentary fairness to the Management, we should note that the term "star-crossed" is Dr. Thompson's -- as are all other harsh judgments he was finally compelled to submit. . .
"We work in the dark, we do what we can." Some poet who never met Werner Erhard said that, but so what?
What began as a sort of riptide commentary on "the meaning of the Sixties" soon turned into a wild and hydra-headed screed on Truth, Vengeance, Journalism and the meaning, such as it is, of Jimmy Carter.
But none of these things could be made to fit in the space we had available-- so we were finally forced to compromise with The Doc and his people, who had all along favored a long, dangerous and very costly piece titled: "The Search for the Brown Buffalo."
It was Dr. Thompson's idea to have Rolling Stone finance this open-ended search for one of his friends who disappeared under mean and mysterious circumstances in the late months of 1974, or perhaps the early months of 1975. The Brown Buffalo was the nom de plume of the Chicano attorney from East Los Angeles who gained international notoriety as the brutal and relentless "300-pound Samoan attorney" in Thompson's book, 'Fear and Loathing in Las Vegas." -- The Editors
Nobody knows the weirdness I've seen
On the trail of the brown buffalo
--Old Black Joe
I walk in the night rain until the dawn of the new day. 1 have devised the plan, straightened out the philosophy and set up the organization. When I have the 1 million Brown Buffalos on my side I will present the demands for a new nation to both the U.S. Government and the United Nations. . . and then I'll split and write the book. I have no desire to be a politician. I don't want to lead anyone. I have no practical ego. I am not ambitious. I merely want to do what is right. Once in every century there comes a man who is chosen to speak for his people. Moses, Mao and Martin [Luther King Jr.] are examples. Who's to say that I am not such a man? In this day and age the man for all seasons needs many voices. Perhaps that is why the gods have sent me into Riverbank, Panama, San Francisco, Alpine and Juarez. Perhaps that is why I've been taught so many trades. Who will deny that I am unique.
-- Oscar Acosta, The Autobiography of a Brown Buffalo
Well. . . not me, Old Sport. Wherever you are and in whatever shape -- dead or alive or even both, eh? That's one thing they can't take away from you. . . Which is lucky, I think, for the rest of us: Because (and, yeah -- let's face it, Oscar) you were not real light on your feet in this world, and you were too goddamn heavy for most of the boats you jumped into. One of the great regrets of my life is that I was never able to introduce you to my old football buddy, Richard Nixon. The main thing he feared in this life -- even worse than Queers and Jews and Mutants -- was people who might run amok; he called them "loose cannons on the deck," and he wanted them all put to sleep.
That's one graveyard we never even checked, Oscar, but why not? If your classic "doomed nigger" style of paranoia had any validity at all, you must understand that it was not just Richard Nixon who was out to get you -- but all the people who thought like Nixon and all the judges and U.S. attorneys he appointed in those weird years. Were there any of Nixon's friends among all those Superior Court judges you subpoenaed and mocked and humiliated when you were trying to bust the grand jury selection system in L.A.? How many of those Brown Beret "bodyguards" you called "brothers" were deep-cover cops or informants? I recall being seriously worried about that when we were working on that story about the killing of Chicano journalist Ruben Salazar by an L.A. County sheriff's deputy. How many of those bomb-throwing, trigger-happy freaks who slept on mattresses in your apartment were talking to the sheriff on a chili-hall pay phone every morning? Or maybe to the judges who kept jailing you for contempt of court, when they didn't have anything else?
Yeah, and so much for the "Paranoid Sixties." It's time to end this bent seance -- or almost closing time, anyway -- but before we get back to raw facts and rude lawyer's humor, I want to make sure that at least one record will show that I tried and totally failed, for at least five years, to convince my allegedly erstwhile Samoan attorney, Oscar Zeta Acosta, that there was no such thing as paranoia: At least not in that cultural and political war zone called "East L.A." in the late 1960s and especially not for an aggressively radical "Chicano Lawyer" who thought he could stay up all night, every night, eating acid and throwing "Molotov cocktails" with the same people he was going to have to represent in a downtown courtroom the next morning.
There were times -- all too often, I felt -- when Oscar would show up in front of the courthouse at nine in the morning with a stench of fresh gasoline on his hands and a green crust of charred soap-flakes on the toes of his $300 snakeskin cowboy boots. He would pause outside the courtroom just long enough to give the TV press five minutes of crazed rhetoric for the Evening News, then he would shepherd his equally crazed "clients" into the courtroom for their daily war-circus with the Judge. When you get into bear baiting on that level, paranoia is just another word for ignorance. . . They really are out to get you.
The odds on his being dragged off to jail for "contempt" were about fifty-fifty on any given day -- which meant he was always in danger of being seized and booked with a pocket full of "bennies" or "black beauties" at the property desk. After several narrow escapes he decided that it was necessary to work in the Courtroom as part of a three-man "defense team."
One of his "associates" was usually a well-dressed, well-mannered young Chicano whose only job was to carry at least 100 milligrams of pure speed at all times and feed Oscar whenever he signaled; the other was not so well-dressed or mannered; his job was to stay alert and be one step ahead of the bailiffs when they made a move on Oscar -- at which point he would reach out and grab any pills, powders, shivs or other evidence he was handed, then sprint like a human bazooka for the nearest exit.
This strategy worked so well for almost two years that Oscar and his people finally got careless. They had survived another long day in court -- on felony arson charges, this time, for trying to burn down the Biltmore Hotel during a speech by then Governor Ronald Reagan -- and they were driving back home to Oscar's headquarters pad in the barrio (and maybe running sixty or sixty-five in a fifty m.p.h. speed zone, Oscar later admitted) when they were suddenly jammed to a stop by two LAPD cruisers. "They acted like we'd just robbed a bank," said Frank, looking right down the barrel of a shotgun. "They made us all lie face down on the street and then they searc
hed the car, and --"
Yes. That's when they found the drugs: twenty or thirty white pills that the police quickly identified as "illegal amphetamine tablets, belonging to Attorney Oscar Acosta."
The fat spic for all seasons was jailed once again, this time on what the press called a "high speed drug bust." Oscar called a press conference in jail and accused the cops of "planting" him -- but not even his bodyguards believed him until long after the attendant publicity had done them all so much damage that the whole "Brown Power Movement" was effectively stalled, splintered and discredited by the time all charges, both Arson and Drugs, were either dropped or reduced to small print on the back of the blotter.
I am not even sure, myself, how the cases were finally disposed of. Not long after the "high speed drug bust," as I recall, two of his friends were charged with Murder One for allegedly killing a smack dealer in the barrio, and I think Oscar finally copped on the drug charge and pled guilty to something like "possession of ugly pills in a public place."
But by that time his deal had already gone down. None of the respectable Chicano pols in East L.A. had ever liked him anyway, and that "high speed drug bust" was all they needed to publicly denounce everything Left of huevos rancheros and start calling themselves Mexican-American again. The trial of the Biltmore Five was no longer a do-or-die cause for La Raza, but a shameful crime that a handful of radical dope fiends had brought down on the whole community. The mood on Whittier Boulevard turned sour overnight, and the sight of a Brown Beret was suddenly as rare as a cash-client for Oscar Zeta Acosta -- the ex-Chicago Lawyer.
The entire ex-Chicano political community went as public as possible to make sure that the rest of the city understood that they had known all along that this dope addict rata who had somehow been one of their most articulate and certainly their most radical, popular and politically aggressive spokesman for almost two years was really just a self-seeking publicity dope freak who couldn't even run a bar tab at the Silver Dollar Cafe, much less rally friends or a following. There was no mention in the Mexican-American press about Acosta's surprisingly popular campaign for sheriff of L.A. County a year earlier, which had made him a minor hero among politically hip Chicanos all over the city.
The Great Shark Hunt: Strange Tales From a Strange Time Page 70