Wright: “Deaf Expert” a Joke?

“LaVigne testified yesterday that Daphne’s ability in ASL was “terrible,” but in motions hearings earlier she said Daphne had strong ASL skills. Dr. Vernon also said Daphne was fluent in ASL.”

This is our “expert” on Deaf people and ASL??  There is no question about Daphne using strong ASL. This is very obvious to anyone knowledgable on ASL who have seen her signing.  How can LaVigne fumble so badly on this very basic statement?

It is bad enough that she was called to assess Daphne’s ASL skills when I was told she doesn’t sign ASL, but uses PSE and evaluate her educational background when she doesn’t have any formal credentials in deaf education or psychology, either. She may have worked with McKay Vernon for years, but she is still not qualified to take over Dr Vernon’s position and testify.

The damage was immediate when she claimed that Daphne is terrible in ASL.  What the heck? Not only did she destroy her own credibility on the spot, she also contradicted her earlier statements. This is a death penalty sentencing and she couldn’t do the job right. I am having problems seeing any justification she may have in making such an inane statement?  Will a Deaf professional make a similiar comment? I doubt very much.  

What a friggin joke.  I feel so disgusted now. What are your thoughts?

From  Chuck’s blog under “Nelson winds up” Posted at 10:05 am April 18th, 2007  http://blogs.argusleadermedia.com/voices/

The jury is in deliberations now, deciding the fate of Daphne Wright. Nobody knows when the deliberations will end, but many speculate it will be late this afternoon.

Angry readers

I got some ugly e-mails and several angry comments in the blog complaining about my concerns about Daphne’s civil rights, proclaiming that Darlene’s civil rights were violated when she was killed and her body sawn into pieces, too.  I understand the deep anger some Deaf people may feel regarding my actions, especially those close to Darlene. Please don’t interpret my actions as being indifferent to Darlene. Nothing could be further from the truth.

As a civil right advocate, I will be concerned regardless the innocence or guilt of the Deaf person. Hearing guilty have rights to a fair trial, so why cannot the deaf guilty be afforded the same rights?  Think about this. If the appeal court or Dept of Justice finds that Daphne Wright’s rights to a fair trial are violated due to her inability to follow the interpreters, the ruling of this trial may be thrown out. If so, then where is justice for Darlene?

A bigger issue faces us. We need to be ever vigilant that the civil rights of all deaf people in the judicial system are always protected. Not to do will guarantee that innocent deaf people will not get a fair trial in the future.  Perhaps the next deaf person to be tried will be you and you are innocent. Your chances to a fair trail may be low, because there aren’t many people fighting for deaf people’s rights in the judicial system in the past. You lose the battle before it even begins.  Think about this.

Update: Jury is out for dinner. They will be back and resume deliberations. They will suspend the deliberations by nine pm if they haven’t made any decision. I cannot imagine how these jurors feel. What a heavy responsibilty they shoulder!

e-mail contact: mishkazena@aol.com

copyright mishkazena (TM) 2007

30 Responses to “Wright: “Deaf Expert” a Joke?”

  1. michele Says:

    I remember now that McCay Vernon did research on deaf immates couple of years ago so thats probably why he got called to tesify but due to his fall,she came instead. As for Dr Sussman, Dr Lewis or whoever, they probably are not trained to work with criminals, i myself dont know of anyone who is trained forensic psychologist in the deaf world except for Vernon. Does anyone know? Its very discouraging to hear all about it but its probaly going to set precedent for us to be more conscious and empowered.

  2. Casper Says:

    This shows what a poor job the defense did on their part. Why in the world didn’t they get a deaf professionals to testify. I would think you would get a better understanding from a deaf individual who study in ASL or psychologist? Again the defense probably thinks deaf people can’t function that type of career. Grrrr.

  3. SH Says:

    Casper:

    Is it possible that the defense has more ingroance with deaf professionals but just hire local interpreter - Possible their ingroance how to find legal interpreter for deaf? They might never heard of RID or anything.

    That would be something that we should ask Public Defender. Is it because they cant afford those kind interpreters, and only afford the locals. That may be a flag of break ADA voilation.

    May be some possibilities. Of course, we want the justice to be served.

  4. wolfers Says:

    You know what really bugs me? I know there ARE deaf psychologists, deaf lawyers, deaf paralegals, deaf counselors out there(with MA/MS/MSW degrees or Ph.Ds.) Many use ASL or PSE (depending on the situation.) I have met many in DC, MD, VA, CO, CA, NY, etc. WHAT research have the defense team have done to get appropriate experts? Have they contacted Gallaudet for recommendations on who to contact? Have they contacted NAD for recommendations on who the experts could be and if the experts can be recognized in court? That’s the big questions I have here. Franky, for folks who think you’re defending Daphne- they need to think on this-
    If Daphne didn’t get a fair trail, her lawyers CAN get appeals and then she’d walk out free. I don’t know about South Dakota but what crimes she had done cannot be recharged in future trials. The trial was about homicide, kidnapping, etc, and so if she walks out free (due to appeals for inappropriate proceedings), she CANNOT BE RECHARGED with the VERY crimes. Understand that? THAT’s the purpose of this- to ensure that she had the fair trial so she’d stay in jail or get death penalty if necessary.

    Wolfers

  5. Diane Says:

    Not too happy

  6. SH Says:

    True.. Wolfers - That called double jeodary (sp?) and the prosector would have to find new evidence then can charge again but different kind of charges.

    That why double jeodary have been avoid often.

  7. Anonymous Says:

    Fine, you’re concerned about Daphne’s rights - why didn’t you fly to SD and be in the front row of her trial?? Why didn’t you offer YOUR services to Defense lawyer, instead of saying, “Well, the lawyer should have called him, her, it, Gallaudet, NAD, SDAD, blah, blah, etc., etc.,”

    We all know Deaf people are famous for “all talk and no action!” That’s us. :-)

    I do not buy your argument that you are concerned about Daphne’s rights. I understand that you’re concerned about setting a precedents for the future and I am for that, believe me. Right now, I am for Darlene… I’m more concerned that she did not die in vain and that she deserves all the justice in the world!

  8. SH Says:

    Oh I forgot to add:

    Let’s wait and see how it goes since the Jury is out to diliberate whetever a fate Daphne would face..

    Life or Death

    I do understand compeletly about fair trial as a deaf individuals. There was a good discussion and opinions. It’s nice to do that.

    I would like to say.. Most Sioux Falls deaf community WANTS the trial to be over so they can move on. Wherever if its fair trial or not. They wants the headline “Justice had served”.

    Then Darlene can finally rest in peace.

    Those thoughts and discussion can be use to do better in the future.

  9. Casper Says:

    SH,

    I understand your point about interpeters. I’m talking about deaf psychologist, deaf ASL professor, etc to help Daphne’s case. Not that I support her but to give her a fair arguement. I’m also surprised that Daphne’s sister didn’t testify to save her life? She was on every blog to speak out but not at court…odd!

  10. SH Says:

    Casper:

    I’m sure you are not support of Daphne, I don’t support her - I believe that the justice must be served. This issues may be helpful in the next future if any deaf may need fair trial.

    What I know.. Daphne’s mother and step-father have been at trial at the whole time.

    I’m sure they had update to other relatives what have been going on.

    But does that excuse the crime she done? No..

    Why don’t we just wait and see what happens when Jurors come back with announcement.

    I could see how desparated SF deaf community wants it to be over. But, we can learn somehting from each others with those different topics. Know what I mean? :)

  11. KBJENSEN Says:

    Not only SF so does the rest of the Deaf community. I want to move on…

    This is why we are voicing out making sure Wright get the appropriate communication accessiblity to prevent a mistrial or appeal she still can be out in the street if this goes wrong… And I don’t want her out on the street in the Deaf Community anymore.

    She killed Darlene she needs sto stay put.

  12. SH Says:

    KBJ:

    Thank you for some correction: True, not just SF - I apology for my typo and I know it would be include other deaf community :)

    I would be scare if she out in the street. She is dangerous to the society.

  13. Mishka Zena Says:

    Anon, If you think all I do is talk and no action, then you obviously do not know me. You have no idea what I do outside my blog. I understand you are hurting and very angry. However I will appreciate it if you don’t jump into conclusions about me based on a deaf stereotype.

    It is imperative that we see Daphne jailed instead of having her sentence thrown out due to violations of her civil rights. Do you want her to walk around, free again, with Darlene never getting justice? Maybe you will understand this some day.

  14. SciFi Says:

    MZ, I admire all your hard work to make sure that no other deaf person would go through like Wright went through. Of course I know that you do not support Wright but support the others in the future to have rights in hearing trials.
    I still want for NAD and other deaf organizations to write federal grants to provide more deaf psycharists for the disturbed deaf children and people all over in this country.
    Wright is a terrible criminal but I still feel sorry for her for not getting proper therapy with deaf psycharists in the past.
    I remember the saying a long time ago, “Being Deaf Is An Invisible Handicap Yet May Be The Worst of All.” I am concerned for many disturbed deaf children who need help right now.

  15. michele Says:

    I dont think that criminal justice system would let daphne go free unless dna.turns out to be someone else. I have never heard of criminal justice letting murderer out free. Have you??? Daphne will probably stay in her cell while her lawyers file appeals after appeals and maybe look for the right dna to let her go free. I dont think we should be worrying about this.

  16. Roy Says:

    O.J. got away with murder.

  17. Letti Says:

    He was rich with dream team of lawyers

  18. sweetlady Says:

    I AM VERY CONCERN ABOUT DEAF COMMUNITY. I NOTICED DEAF PEOPLE GOT MISUNDERSTAND COMMUNICATION. WHY? REASON-LET ME EXPLAIN.FIRST OF ALL,DEAF PERSON IS ASL AND INTERPRETER IS PSE THAT IS UNCOMPLETED UNDERSTAND COMMUNICATION IT IS NOT REALLY UNDERSTAND BECAUSE THE SOME INTERPRETER DON’T KNOW ABOUT ASL. SO,THEY SHOULD ASKING FOR ASL INTERPRETER.
    OTHER ONE CONCERN ABOUT DEAF JUSTICE, NAD SHOULD HELP OR STRONG SUPPORT FOR DEAF JUSTICE. WHEN THE DEAF PERSON IS IN THE JAIL AND GET IN THE COURT THEN WHY NOT, DEAF JURY IN THE COURT BECAUSE OF DEAF HAVE RIGHT TO HEARING OF THE DEAF INMATE. I REALLY NEED NAD TO FIGHT FOR “DEAF BILL”. I WILL EXPLAINATION TO YOU LATER ABOUT DEAF BILL.

  19. KBJENSEN Says:

    anon,

    I am sorry you are hurting. This whole thing is affecting the whole community. As another vlog site we have lost two member of the community not just one. That is a big lost because our community is so small.

    I want Wright in jail so I can feel safe for my daughters who are Deaf and my friends who live in S.D. and Minn and MD. Who know what more damage Wright can do if she was let go free.

    She has a lot of angers and can haunt others who have filed restraining orders.

  20. Anonymous Says:

    MishkaZena - let me try again. When I said Deaf people are famous for all talk and no action, I should have made it clear I wasn’t implying that on you. You’re an exception, smile. I am impressed with your blogs, even though I don’t always agree with you. I like how well researched you are and how much thought you put into your subjects before you post your blogs.

    With that behind us, when I mentioned the first paragraph, I still stand with that. When the African American groom was shot on the eve of his wedding, a bunch of people flew out, had a bunch of media out there, then raised a fuss… when African American people are on trial (and I’m not using OJ as an example - he’s an extreme!), people fly out there, people offer their services to help out!! What about us?? What do we do? NOTHING! We just watch to see what happens. Then we whine. Yes, we do that. That’s why I said, if you’re concerned about Daphne’s rights - why didn’t you fly to SD and be in the front row of her trial?? Why didn’t you offer your services to Defense lawyer, instead of saying, “Well, the lawyer should have called him, her, it, Gallaudet, NAD, SDAD, blah, blah, etc., etc.,”

    I hope my point is more clearer?

    If we feel so strongly that Wright should have had CDI terps, if Wright should have had better hearing terps, if Wright should have had a Deaf psychologist, etc., we need to be more proactive and call the lawyer! We can’t just sit and wait for the lawyer to call us.

  21. mishkazena Says:

    Anon, thanks for the clarification :)

    To your comment, I honestly don’t know why this isn’t done. Too oppressed? Lack of experience in activism? Do you know the reasons?

    I alerted the reporters about the interpreting issues after the judge turning down CDI and consequencial interpreting requested by her lawyer. That’s when they started covering the interpreting issues. I just noticed the lack of deaf experts only yesterday. :(

    Over a month ago I sent two comments to NAD president expressing interest in discussing how to promote Deaf Activism so deaf people can advocate for themselves. However, I received no response, which I thought was very strange from an advocacy organization. That made me wonder about NAD, to be honest with you, because hearing organizations welcomed my advocacy work in the past, even though I am Deaf. NAD too cliquey? I don’t know.

    My thinking: If more Deaf people learn to become proactive, we can become more powerful as a group, advocating for our rights with FCC, ADA, and other issues facing us.

  22. NAD Says:

    NAD was soliciting feedback from Deaf Community. Maybe NAD Prez was too busy to answer individual comments.

  23. anon Says:

    NAD used to be a strong advocate for civil rights of Deaf many decades ago under Fred Schrieber. NAD doesn’t have a good image anymore with many Deaf feeling alienated. Sad to see NAD this way.

  24. Dragonfly Says:

    Regarding to Casper’s comment from #9,

    All I can say is that Daphne’s sister is a hypocrite from my observation by her comments in different blogs. She hardy answer the valid answers to people’s questions or opinions about Daphne.

  25. KBJENSEN Says:

    Anon,

    I wished to fly out and offer my service.. But I was too late I am sort of behind in the news it was until I became involved with a small group of women via emails discussing this issues as well another one.. Then I started to do more research and got mad because by the time I realize what was going wrong it is too late.

    NAD Prez getting a feeler from the community, please she needs to be more proactive or the lawyer or something I don’t know.

    I am guilty in some ways for not being involved with NAD and other issues because to be honest I got hurt too many times for trying to advocate for the Deaf and Hard of Hearing. Especially from hearing people.

    Now I am at a place where I am comfortable and am trying to do what I think it is best and for my daughters future.

    Please we are trying the best we can MZ and myself.

    NAD is too cliquey yes… That is another issue another blog smile.. MZ ;)

  26. Wolfers Says:

    I don’t know you very well, anon. But I DO wonder why deaf professionals (lawyers or psychologists) aren’t volunteering their experiences or to be the deaf experts. I WOULD love to be there at the trial if not that I don’t have a M.S or M.A degree or even a Ph.D degree. With just a B.S degree, no one at court would take me serious as they would for folks with M.S or M.A degrees. I try to get involved in many things as I can as friends know I did for situations but there are conditions that even prevent me or others from standing up and speaking up.
    For the one who talked about having federal grants set up for deaf psychologists to work with disturbed deaf children; that’s a lovely idea, but for three problems. 1) There are NOT even enough deaf psychologists to meet even 30% of all the national needs of the deaf community. 2) there is a growing and ever-growing waiting list to see a psychologist who can sign. We have one here and I can tell you…damn, that list is ever growing and that person is not seeing any new patients! and 3) blame it on the government (both federal, state and local)..they cut funds for mental health. So it’s harder for agencies to afford a counselor or psychologist even less ones who can sign! In all 30 years, I had only seen two therapists who can sign- and it was in a huge city. So, if it’s hard for average deaf persons to find counselors/psychologists who can sign, what makes you think that the lawyers would be any luckier finding them? THAT’s why I recommended Gallaudet or NTID because they would have a LIST of experts, especially ones who graduated from their own psychological or mental health programs and willing to help out. Why is it that Gallaudet would send out counselors from mental health to help deaf evacuees from Hurricane Katrina and willing to send a counselor or two to VT if there were deaf students there, yet..hello? Daphne Wright trial? Any experts that’d know behavioral and clinical psychology of deafness… *shaking head*
    Sorry, MZ, I had to reply to those..it always make me angry on how folks would presume that there are “easy” solutions.

  27. Bobbie Beth Says:

    Hi Mishkazena -

    Are you sure you have my correct NAD email handle? I try to follow through on every email or at least get answers for such requests.

    NAD only handles civil right cases and refer criminal cases to other entities. The NAD is watching this case very closely and there are expert witnesseses providing assistance to this case.

    NAD is Y-O-U!

  28. KBJENSEN Says:

    well Wright is in prison for life.. She will now be forever lonely and her rights is gone once she sets foot in prison. Prison isn’t fun..
    Death penalty will be an easy way out.. She will suffer for the rest of her life of what she really done..

  29. dummy h Says:

    thank you for blogging this wright trial. good discourse. we need to do more to improve our deaf’s communicative rights. we need to keep this in the front burner. thank you mz.

  30. Mishka Zena Says:

    Bobbie Beth, not only did I sent you e mails, I also left a comment at your NAD vlog, expressing an interest to have a discussion with you. That comment wasn’t published. Since these contacts were made well over a month ago, my interest back then had nothing to do with the Wright Trial which hadn’t transpired yet.

    Ms Nancy Bloch was kind enough to email me privately with an offer to contact her directly.

    Dummy, thanks. yes, you are correct. We need to discuss more about the obstacles facing Deaf people in the court system. Too many Deaf people didn’t fare well due to interpreting issues, according to other Deaf adovcates. I was appalled when they shared ‘horror’ stories with me :(

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