Maryland is Different

(Owings Mills, MD) “I’m going to vote for Jealous, but I know he is going to lose,” is a sentiment I heard often while covering the Maryland Gubernatorial election of 2018. But after that, the people who would tell me who they voted for made this admission, “I want to send a message,” that’s what I heard.

This was a message election which spilled into the state. It manifested itself with early voting, was it enough? Trump’s name wasn’t on the ballot, but he was on their minds. I jokingly said, “Will Maryland have an Ocean City Wave, a Blue Wave or a Tsunami.” Turnout was the key. Democratic nominee Ben Jealous said as much when he came to Maryland Public Television prior to General Election.  “If we (Jealous Campaign) can have a million voter’s turnout for the election I have a chance.”

Wishful thinking or shrewd strategy? Looking back at the Jealous and Gov. Larry Hogan campaigns they had different goals. For Governor Hogan, it was about not expending more cash or energy than necessary, limit debate opportunities, play to strengths, and have a closing argument which could have coattails.

For Jealous it was about nationalizing the race, maximizing voter turnout in the democratic strongholds and paint the governor as an extremist.

Each man used different methods to reach their goals, but there can only be one winner.

Governor Hogan had to expend little energy during the Republican primary. He ran ads touting his accomplishments and laying the foundation for a second term. The Governor thought his Democratic challenger would be Prince Georges County Executive Rushern Baker. Baker was the choice of the establishment Democratic Party in the state. The Prince George’s County candidates name recognition was limited to the Washington suburbs, so he spent an inordinate time in the Baltimore metro area. What he was unprepared for was the Jealous’ ground game. Jealous also defined himself via TV ads. The Republican Governors Association wasted no time airing ads right after his nomination in the general election. Jealous had no money left to counter being defined as “extreme and a socialist.”

What Larry Hogan Got Right

Governor Hogan’s rise to the top came at time when Maryland voters were tired of democratic control of state. The political novice was and is shrewd. In a two to one democratic state Hogan knew using a national Republican playbook was not going to work. While surrounding states (Virginia, New Jersey, West Virginia and Pennsylvania) had trended to the GOP, he knew it wasn’t going to work. Instead his idea was to appeal to the “every-man” idea. What I am talking about is Hogan was the kind of guy who you might have a beer with in a bar. I like to call him, the “Aw shucks Governor.” He also rejected Republican touchstone issues (abortion, school choice etc…) to prove it, he bucked the national party and only embrace New Jersey Governor Chris Christie’s model. Governor Christie’s tactic of lowering taxes, ending bureaucracy, and becoming business friendly. The catch phrase of his first campaign was “ending the rain tax.” A populist move that few could disagree with.

Once in office he found his perfect foil, the Maryland Legislature. With super majorities he could run against them calling them obstructionist. But what put Hogan over the top, was sympathy he received after being diagnosed with cancer. Despite being in the hospital receiving chemotherapy Hogan spent hours doing work from his hospital bed. This lead to a nearly 60 percent approval rating in a “blue state.”

He also found an issue which crossed party lines, the opioid crisis. Look, heroin addiction has been in Maryland since the 1920’s. It was confined to inner city Baltimore. Hundreds were hooked on the drug and help fuel a crime wave to feed a habit from the 60’s through the 70’s.

When the drug came to the suburbs in the 80’s and 90’s killing white kids and adults it was serious for this politician. It was a dirty little secret no was paying attention to and wasn’t just affecting major population areas but was an epidemic in places like Cumberland, Hagerstown, and Frederick, Washington, Carroll, Cecil and Queen Anne’s Counties. These jurisdictions saw people turn to the heroin because they were unable to keep up with their OxyContin dependencies. I was initially suspect. It changed when Governor Hogan, said he was personally affected when a cousin overdosed after years of addiction.

Under the radar Governor Hogan through his Lieutenant Governor Boyd Rutherford cultivated something the Maryland Democratic Party never embraced, Black Business. Despite years of “lip service,” minority set asides had gone from hard targets to simply goals. The whole idea of the state having minority vendors had become a mess. This entrepreneurial class has embraced anyone who would listen to their plight and actually make a difference. Enter the Maryland GOP. The governor’s embrace of a “business first mentality” was perfect for this group. African-American entrepreneurs are lukewarm to embrace the party’s social policies, but they are “all in” on getting a seat at the table. They ended up having this group to themselves.

 

So why are 30 percent of African-American voters drawn to Governor Hogan? This group was half this size in his first run. They are collection of voters who are discussed at the idea "Democrats have Black people’s interest at heart." You saw this at the end of the O’Malley administration, when the idea of locking people up (mostly African-Americans) for nuisance crimes was policy in Baltimore. Add to this disinvestment in communities of color. The “Baltimore Uprising” was literally the last straw and how former Baltimore Mayor Stephanie Rawlings Blake was nowhere to be found during at its height. They may have whispered their support in the past, but now you see it. The Leaders of a Beautiful Struggle sided with Hogan in his first run. The closing political ad featuring Bmore News founder, Doni Glover, saying “Governor Hogan showed up and it wasn’t his first time.” The ad laid bare and full view of an anti-establishment critic endorsement.

Shhh, Ben Jealous is Running for Maryland Governor.

In a crowded primary field Ben Jealous was the perfect “I’m not a politician candidate.” The problem is this type of candidacy would have worked four years ago, but was an anathema in an era which gave us President Donald Trump. Was he qualified? His turnaround of the national office of the NAACP was laudable, but no one had ever voted for him for anything. It is true all politics are local. 

So a surrogate for Presidential candidate Bernie Saunders national campaign saw a clear path to victory by nationalizing a gubernatorial race and its disgust with Washington, DC. It worked in the primary enabling Jealous to raise money outside the state. This allowed him to be the first up with television with ads, allowing him to define himself.

What Maryland politicians saw and understood from this, “he didn’t need them.” Great for an insurgent campaign but not for coalescing the state’s power brokers to embrace your run.  Its manifestation came in what can be best described as “non-endorsements.” Hogan trotted out a number of former Democratic leaders to endorse his campaign (most were people who were beyond their expiration date). You know it’s telling when the states Comptroller Peter Franchot says, he “will not endorse you, but not campaign against you.” (What the hell?).

Even more telling after the primary, Prince George’s County Executive Rushern Baker delays embracing your campaign and Montgomery County Executive Ike Leggit questions your platform of “Medicaid for All.” Leggit asks, "How will pay for it?  Stop. These are two leading African-American leaders in the state (Baltimore Mayor Catherine Pugh is the other) and they are already questioning your policies in the state (In my ESPN voice “C’mon Man!).

Race is a delicate issue. Some politicians use it to their advantage, others discount it and lay claim to being the best candidate in the race. Jealous is a product of a bi-racial marriage. His parents were forced to move to California where he grew up but spent his summers in Baltimore with his grandparents (Hogan suggested he didn’t live in the state but he does).His time at the NAACP has gave him a close up look at the "mean and nasty" regarding race. Nowhere did he ever embrace the notion of being the first African-American governor of the state of Maryland and what it would mean. It was understood internally it would turn off white voters embracing his campaign.

Crying you’re "being treated unfairly" is not a political strategy. The Jealous organization to counter being out spent tried to go around the ads defining him to the public. News organizations love an underdog story.  So we often want to hear your thoughts about scurrilous claims. On August 8, 2018, Washington Post Political Reporter Erin Cox asked Jealous “Whether he identified with the term “socialist,” as his political opponent, Gov. Larry Hogan (R), has labeled him. ‘Are you f---ing kidding me?,’ Jealous responded.” This was an endorsement event, and left those in attendance with mouths open.

Look these are challenges a traditional campaign would have thought through. This is big boy politics where your narrative is key and people have to see themselves in you. During this campaign I did not see an air of “desperation.” Politicians who I’ve seen be successful have this sense they are losing and must talk to everyone who will listen. Those who won’t listen to you still reach out them because you can believe you can persuade them. If you don’t persuade them they must come away with an idea that you are competent.

The Debates

Fast forward to the debate/s. My office Maryland Public Television MPT has a stellar reputation as being the host for statewide debates. I was fortunate to be selected to be a part of the Democrat Primary debate at the Reginald F. Lewis Museum. During this session I got candidate Jealous to admit how he was going to pay for “Free College Tuition.” “I’m going to tax the highest ten percent tax payers in the state.”

As we awaited word on the General Election debate Governor Hogan announced he would do two debates in September. Jealous countered with having five in October. In the end we were left with just one debate at MPT on September 24, 2018. The planning for the debate was coordinated by the two campaigns (sitting or standing, how close the podiums will be, opening/closing statements). It was agreed there would be five panelist. Both camps were given a single veto over who could be a questioner. This is where things get tricky.   Both camps were concerned about previous questioners in the primary (including yours truly, Jane Miller – WBAL-TV, and Clarence Mitchell IV WBAL Radio). We were out. It was agreed to have two the leading newspapers in the state participate but the Hogan camp insisted that there be a reporter from the Eastern Shore and Western Maryland. Earlier during the campaign it didn’t help that Jealous had to retract several debate decisions.

He suggested that Tamela Baker of the Herald-Mail in Hagerstown should be remove. He ended up retracting the idea. Not a good look. He also suggested Maryland Reporter.com was a right-wing website. Hmmm! That’s a stretch.

So where do we go from here? My quick assessment is this will be the last time Democrats in Maryland nominate a Black candidate. The failure to deliver in two elections cycles is telling. I don’t think this will be the right choice but it will send the message.

Lastly, for the next four years the GOP will expand the landscape in Maryland. Here’s the rub, "who is waiting in the wings."

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Sabotage

(Baltimore, MD) If the case of the State of Maryland v. Officer Caesar Goodson, Jr. ends in an acquittal, the signs of problems were obvious in the beginning. The Prosecution started losing before the case began. A Defense Attorney for Donta Allen, the only person who was in the police van with Gray, said his client was interviewed by Prosecutors and they did not disclose the conversation to the defense.

Michael Schatzow and Janice Bledsoe

Somehow, Defense Attorneys and disgruntled police investigators are shining a light on the disdain for the Prosecution team of Michael Schatzow and Janice Bledsoe. The seasoned prosecutors have lead the inquiry in all three trials. If you’re scoring at home one mistrial (retrial in September) and one acquittal. Losing the case against Goodson could put them in a hole, the equivalent of 0-3; and by extension questioning the need of Baltimore State Prosecutor, Marilyn Mosby, to bring charges against the six Baltimore City Police officers.

The Baltimore Police Union, who has questioned the charges from the start, has “smelled blood in the water” suggesting the state should drop all the charges. The tension arising between the police, the state attorney’s office, and the public is palatable. It was on full display following the “Baltimore Uprising.” Murders spiked in the city and some suggested police “took a knee” in protest to the arrest and charging of its own officers.

Five of the six officers have filed defamation suits again Mosby (beating a May 1^st deadline) alleging “their illegal arrests were made without probable cause and demonstrated ill will, improper motivation and/or evil purpose," according to their attorneys. They go on to say they filed false charges "in furtherance of [their] own personal interests and political agenda." Also named in the suit was Sheriff's Office Maj. Samuel Cogen, he investigated the police officers.

Observers of the case against Goodson, a veteran officer, was the only one to invoke his right not to testify under the Maryland Police Officers Bill of Rights (the State Legislature has changed this provision). Goodson, the police van driver, transported Gray after his arrest. During the ride the 25 year old Gray who was in his custody, died.

Following an order by the judge to turn over all discovery to the defense that was not disclosed we learned not only had the Prosecution not disclosed an interview with Donta Allen, who was in the van with Freddie Gray. We also learned the lead investigator, Dawnyell Taylor, had a falling out with the prosecution. She was removed from the case because Lead Prosecutor Schatzow said she was trying to “sabotage the case.” Both Taylor and Allen were put on the stand.

Taylor, a former marine, took over from Detective Syreeta Teal who had to leave for medical reasons. In testifying for the Defense she told Judge Williams she meet with Dr. Carol Allan, the Assistant Medical Examiner, on two occasions (April 23^rd, and April 29^th 2015). During her first meeting Dr. Allan told her Gray’s death was “an accident.” At the second meeting with Baltimore Police brass in attendance she called it a “freakish accident.” This claim refuted her earlier testimony on the stand, when Dr. Allen refuted Defense charges she had made this statement.

During cross examination by the Prosecutor Schatzow, things got testy.

Schatzow: Isn’t it true you had problems with Ms. Bledsoe?

Taylor: Yes.

Schatzow: You were removed because you were trying to sabotage the investigation?

Taylor: You don’t have the authority to remove me.

Schatzow: What if I told you I had letter from your superior, saying you were removed at my request.

(Bench hearing with Judge Williams).

Questioning continues under adversarial conditions with glares and stares between Taylor and Bledsoe.

Schatzow asks a question regarding Taylor's contact with the prosecutors.

Taylor: We ceased contact with prosecution.

Schatzow: On August 4, 2015 you provided information/notes to the defense on case. Things that weren’t in our packet.

Taylor: I gave the same thing to the prosecution. I handed it to Ms. Bledsoe who looked at them and pushed them back across the table.

(Another bench hearing)

Schatzow focuses on the April 23^rd meeting with police brass. Asks about Dr. Allan telling the group about a “freakish accident.”

Schatzow: The officials in the room were pleased with that conclusion (paraphrase).

Taylor: I’m not certain.

Schatzow: In fact you didn’t take notes at the April 23^rd meeting nor at the April 29^th meeting.

Taylor: I wasn’t in charge.

Schatzow: Dr. Allan never said the manner of death was an accident?

Taylor: She said it was an accident.

Schatzow: Det. Taylor didn’t Ms. Bledsoe question your integrity?

Taylor: (agitated) I questioned Ms. Bledsoe integrity?

Judge Williams calls for a recess. When we return Taylor steps down from testifying.

Donta Allen

The arrival of Donta Allen in handcuffs and leg irons caused a buzz in the courtroom. The judge has allowed a transcript and a video deposition he had with homicide detectives in as evidence to as a remedy for prosecution from failing turning over evidence. Neither side has wanted to use Allen in any of the previous trials, despite the fact he was in the police van with Gray, and has firsthand knowledge. Allen’s statements have changed so many times you don’t know what he’s going to say.

The questioning for Allen begins with a simple question from Defense Attorney Mr. Allen do you remember your arrests on April 12^th, 2015. Allen responds, “I don’t recall anything that day.” There is a bench hearing. Attorney produces a transcript of what he told investigators, “How can this document refresh my memory…I don’t remember anything.” They proceed to show Allen’s integration by a pair of officers. The tape is stopped, Judge Williams calls for a recess and has to take up another case not related to the Freddie Gray Trials.

When the case resumes we see Allen talking to investigators being cooperative. The deposition points to several factors favorable to the defense. Allen tells them he heard Gray “banging his head...it was crazy loud.” He demonstrates to officers. Says the ride from Pennsylvania and North Avenues was a “smooth ride.” When they arrive in officers says Gray is unconscious.

It’s also during this interrogation Allen makes some inconsistent statements. Starts by telling officers he was on the right side of the van (Gray was on the right side). He is unable to tell officers if the banging was on the right or left side of the van. The judge accepts video into evidence.

As the questions begin again, Allan has to admit the tape refreshed his memory. As Prosecutor Bledsoe questions Allen, we learn there were two interviews one at the Western District and another at the Downtown Homicide Offices where he was video-taped. While on the stand Allen says Detectives offered to let him go if he took his card. He had to also admit he could never see Gray because of the partition in the van. “I can’t tell he was banging his head because I didn’t see him.” He says he told a television station the noise was more like a rapping sound.  At the time of his interrogation he was never charged with anything.

In the most telling question and answer he was asked if he was under the influence when he gave the deposition. He tells Prosecutor he was using “heroin and Xanax.”

It was clear he has an adversarial role with police telling Prosecutor Bledsoe, “I was trying to get out of jail…I don’t trust the police.” He also offer a damning statement from an unidentified officer who said, “He got a run for his money.” A reference to the trip which left him deceased.

During cross examination by the Goodson’s Defense Attorney, he ask him to read parts of his deposition testimony out loud in court. He challenges the attorney several times asking him, “Why you got be so loud.” The judge admonishes the attorney. Things get testy when he is asked to read a section where he tells detectives he is “sober and clean…all I had is a Pepsi.” When asked to explain his answer, “I lied!”

Neither testimony helped the Prosecution’s case. The judge has been very clear, when he was asked to dismiss the case after the state had rested he noted the state had not prevented compelling evidence to back up its claim of a “rough ride,” nor had it provide the pre-requisite evidence in the charge of “depraved heart.” He let the case continue but like the Officer Edward Nero case the judge can only weigh the facts and not the emotions in this case

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