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Why Wesley Snipes Should NOT Be Going to Prison

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I've been sitting on the sidelines during the tax trial of actor Wesley Snipes, primarily because I didn't quite know what was going on. I wasn't sure if Snipes was guilty or innocent, since I've seen a lot of wealthy folks who've lived as if they were above the law. Part of me wants to believe that the justice system works if you're rich, so I figured that nature would simply take its course.

I took the time to watch Wesley appear on CNN to plead his case to the public. I was honestly skeptical, since I've rarely met a man on his way to prison who didn't try to convince me that he was innocent. In fact, I've received countless letters from prison inmates, many of whom want me to believe that they didn't do it. In most cases, I choose not to judge, but I know the game quite well.

But there was something different about Snipes' CNN appearance. I expected that his words would translate to "blah blah blah....I didn't do it.....blah blah blah." Instead, I heard some really compelling facts. The facts were intriguing enough for me to open up my laptop and share my thoughts, because I still cannot, for the life of me, figure out why this man is being sent to the penitentiary for what he was convicted of doing.

First of all, Snipes was convicted of MISDEMEANORS. By definition, misdemeanors are not as serious as felonies. Given that there are so many people getting nothing more than probation for more serious charges, why is Snipes getting prison time? Why not force him to pay back taxes, along with a significant penalty? It seems this would make more sense.

Secondly, one of the jurors in the case admitted that some of the other jurors decided that Snipes was guilty before they even heard his case. Frank Tuttle, a member of the jury, sent a letter to Larry King Live with this statement, as he mentioned that three jurors already had their minds made up before the trial, and the other jurors had to strike a deal with them:

"That's when a deal was made to find him guilty on the failure to file taxes and not guilty on the federal tax evasion charges. We did not think he would go to jail."

Let me get this straight: Was Wesley Snipes "guilty until proven guilty?" Wouldn't such a series of events constitute a violation of this man's civil rights? In fact, the jurors who decided that Snipes was guilty before hearing the evidence should themselves be put on trial for sending a man to prison without having just cause. At the same time, Tuttle said in his statement that he and other jurors didn't expect Snipes to go to prison, so I have to wonder who was determined to send him there.

Third, there is the case of billionaire Igor Olenicoff. Olenicoff was convicted of a single felony for lying about his offshore finances. He was then allowed to pay $52 million in back taxes and given nothing more than probation. I personally can't figure out why we can allow such a glaring inconsistency to go unaddressed: Snipes got the maximum sentence on each of his three misdemeanor counts, yet a man gets probation on a felony conviction involving $52 million in taxes?

This all stinks to high heaven. I find myself personally in agreement with Judge Joe Brown and others who don't think Snipes should be sent to prison for this incident. This case is yet another serious warning about the assault on individual liberties and the increasing power of the state, particularly when it comes to the IRS. Given that our nation is experiencing unprecedented financial difficulties, we can only expect it to get worse, especially if you happen to be black. Wesley Snipes got a raw deal, and the judge, prosecutor and jury should all be under investigation by the Justice Department. But given that the IRS is part of the federal government, that would be like the fox watching the hen house. Justice was not served in this case.


Dr. Boyce Watkins is the founder of the Your Black World Coalition and a Scholarship in Action Resident of the Institute for Black Public Policy. To have Dr. Boyce commentary delivered to your email, please click here.

 

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