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A Black Prosecutor and a Double-Edged Sword

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This article was originally published by The Marshall Project in collaboration with Vice.

“The only way to help your people is to be a defense attorney.”

My father was the first to tell me that, but definitely not the last.

He went on to explain that Dr. Martin Luther King, Jr., and all the civil-rights leaders of the 1960s had great lawyers to call whenever they got jailed for protesting. Without these lawyers, my dad explained, African Americans would never have advanced toward equality.

When I was in college and law school, I was also told that as a Black woman, the only way to look out for “my people” and defend the Constitution was to become a defense attorney — and more specifically a public defender.

I followed that path, interning with the Legal Aid Society in New York City while I was an undergrad. A couple of the attorneys I met there formed their own shop, and I later interned for them during law school. But during my final year, I got an offer to become a prosecutor in Florida.

I accepted and never looked back.

When I arrived at the job, I realized immediately I was in the minority. The lack of diversity in prosecutor’s offices is sometimes the result of a failure in recruitment; it’s also due to the misconception that prosecutors only “hold people down.” I’ve been called a persecutor and a sellout, and have been accused of just wanting to lock up young Black men for a living.

In the beginning of my career, other attorneys, and even some defendants, assumed I was the public defender or the courtroom clerk.

That first year in the felony division, a defense attorney approached me. I was standing at the podium assigned for the prosecutors in that courtroom, reviewing the prosecution files, getting ready for calendar call.

“Can you file this for me?” he asked.

I looked at him incredulously and directed him to the courtroom clerk’s desk.

Here I was, in a suit, pearls, and with all my education, and a defense attorney who represents the people who look like me had serious trouble believing I was in this position.

Read the full story at The Marshall Project.


 

Melba Pearson is a prosecutor in South Florida and the Immediate Past President of the National Black Prosecutors’ Association.

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