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“Professor Sullivan Deserves Our Respect”

Guest post by David McCallum

[Like the anonymous op-ed in the pervious post, this piece was submitted to and rejected by the Crimson, and has since been make public. It is worth noting that Professor Randall Kennedy's op-ed, which appeared in the Chronicle of Higher Education and is the subject of my post "A teachable moment," was also submitted to and rejected by the Crimson.]

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I spent 29 years in prison for a murder I didn’t commit. I was a teenager when I was put away, not much younger than many of you in college at Harvard. I was exonerated because of the work of Professor Ron Sullivan.

I am not a lawyer. I spent half of my teenage years, all of my 20’s and 30’s, and half of my 40’s in prison, so I missed that time to make a career and many other milestones of adult life I hope students in college can look forward to. I missed decades of my mother’s home-cooked food, taking care of my older sister through her deteriorating health, my friend’s marriages and childbirths and funerals, and the freedom to take a walk outside. But I do know a thing or two about the justice system. I know because I lived it. So please hear me out.

When I was 16 years old, I was questioned for a crime I didn’t commit. I was scared, confused, intimidated, and alone. I knew I was playing handball with my sister and her friends in a park near my home during the entire time this murder took place.

There was no one in the room with me, and I was questioned without a lawyer. The police said if I confessed I could go home. So I gave them their false confession. But when I asked if I could go home, I was put behind bars instead.

Things moved fast in the name of “justice”. It’s still crazy to me how few protections there were against injustice. Sure, I was asked if I wanted a lawyer. After I had already ‘confessed’. Sure, the police let my mother come see me. After I had already ‘confessed’. The system was swift in convicting me. I screamed that I didn’t do it, testified during my trial that I didn’t do it, and had lawyers appeal my conviction until all my appeals were exhausted - but it didn’t matter, because everyone with any power over my freedom at the time thought they knew the truth. It was too late.

So to prison I went. And I spent most of my life there. It wasn’t until Hurricane Carter drew attention to my case that my story started to become high profile. People started paying attention, and Professor Sullivan found me. He was helping the Brooklyn DA’s office at the time with conviction review, and I hand-wrote him a letter asking him for his help. I told him what I had been saying all along: that I was innocent. He listened.

Professor Sullivan personally pored over my file, found every hole in the prosecution’s version of events, saw that there was no valid evidence whatsoever, and he pushed the DA for my release. Professor Sullivan was never my defense attorney and he wasn’t the prosecutor either. He was a good lawyer seeking truth and justice, no matter which side of the courtroom he had to stand on to get it for me.

It takes a celebrity bringing attention to a case or to an issue, like Hurricane Carter did for me, for the holes in the criminal justice system to be exposed. When good lawyers take unpopular stands and defend people assumed to be guilty, like what I read that Professor Sullivan is doing for Harvey Weinstein, people pay attention to how the system works and take the time to dissect what’s wrong with it while he’s doing the same thing from the inside. That’s why when some lawyers called me about this resistance Professor Sullivan is experiencing for his Weinstein representation, I knew I had to respond. The image of Professor Sullivan in that courtroom when I was exonerated is seared in my memory, and I take it as a personal offense that anyone might challenge his capability to achieve justice.

Attention brings scrutiny, and scrutiny brings change. But press isn’t enough. Good lawyers are needed on both sides in order to use this attention to highlight every single problem in the system and to push for change from the inside. We can’t fix a system until we know exactly what parts are broken. When I first saw Professor Sullivan’s TED talk, I was moved to tears for that reason. He gets it, and he’s doing everything he can to identify and fix what’s broken.

I think we can also all agree that if I had someone like Professor Sullivan with me when I was on trial 35 years ago, my life would have been very different.

Innocent people deserve good lawyers from the minute they enter the system. In America, people are innocent until proven guilty. So, everyone deserves good lawyers from the start. If you believe otherwise, you would be supporting the same system that made me lose 29 years of my life to prison. A vigilante system where innocence is determined by public opinion and not evidence. I am a product of the dangers of that environment. Professor Sullivan is pulling us away from it, and I am following him as he creates the criminal justice system this country needs. I hope you will, too.

"Harvard does not deserve Ron Sullivan"

I am posting below an op-ed that was submitted to and rejected by the Crimson. The author has made it public and I am posting it here with her permission. It describes her sexual assault, and is tough reading.

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At the end of my first semester at Harvard, I was sexually assaulted by a classmate. He was over half a foot taller and at least 50 pounds heavier than I was. He came into my bedroom, got on top of me, and penetrated me, all within seconds. He stopped only when I told him that it hurt, and that I was a virgin. (For the career victim-shamers: both were true).
He invited himself to sleep next to me that night, but I don't remember sleeping. I do remember that on the morning of my first day of 'freedom' after finals, this man's large body was on 'my' side of the bed, obstructing my clear path to the door, and I was still in vaginal pain and bleeding. I lived alone. That was the last time I lived alone.

I only told two people about this incident. My best friend from my section, and Ron Sullivan.

There has been a lot of talk about what Dean Sullivan may or may not say, or do, or feelings he might provoke from victims who may disclose sexual assault to him. We don't have to speculate. This situation has happened before, many times over. So if you are a woman who purports to care about other women, or a concerned male ally, and you are protesting Sullivan on the bases of these concerns, please put your picket signs down and please listen to the very real emotions of a victim who has been in the exact situation you are trying to protect me from.

There were a lot of reasons that I chose to 'outcry' to Dean Sullivan, including his exceptionally kind, warm, and caring nature for which he was well-known amongst the student body. But principally, his high-profile career of successful representation of rape defendants is exactly what drew me to disclose to him. This was his world, and he knew how to rip allegations apart. I didn't have DNA evidence, no one else was around, and people saw me drinking on Mass Ave earlier that night. Did I have a case? What, if anything, could I do to preserve it? Where does formal reporting even begin? Would Harvard hold it against me in the future? What would the rest of the process look like? Was it worth it?

Dean Sullivan answered these and many other questions - and he preempted even more questions I had not thought of - but first, he listened. Then, he led with comforts that this was a "judgment-free" zone; that he would never do anything with the information I gave him that I didn't explicitly want him to; that I had done nothing wrong; and he thanked me for telling him. Put simply, he validated my experience and made me feel safe, and it was in a way that screamed to me: he's done this a lot before.

He asked me about evidence I would have never thought would be useful. He asked me questions about the order of events that made me realize the importance of certain details that night I was otherwise trying to forget. He tried to identify potential witnesses. He vividly and patiently walked me through the formal processes that could ensue, including AdBoard/Title IX proceedings as well as criminal prosecution. He prepared me for various potential outcomes of all of these avenues, rooted clearly in his significant experience through each of them. He emphatically encouraged me to speak to law enforcement, counselors, and Title IX staff, and he offered to represent me at any and all proceedings to the very end pro bono. He asked if he could walk me to a Title IX Dean's office himself, knowing all the while that my assailant was another one of his students. And he kept the entire conversation anchored in what I felt and what I wanted, to the extent that I knew. I had access to the premiere expert in tearing down a case in order to build mine up, and he was even better at it than I could have ever expected.

And I need you to know this: he was sad. And he was angry. He is a father and a husband and when his status as a mastermind of criminal law was not at play across the table, his paternalistic protectiveness was. I can't put my finger on exactly what made me feel this way, but he made me sure that he was ready to dismantle Harvard if he needed to in order to get justice for me.

He did small, conscientious things, too. We had many conversations about this incident and other related issues, and he would always call his secretary at the end of these meetings to ask the students lining up to leave because something came up - just so I wouldn't have to walk by fellow students when I left his office. He fought like hell to make sure no one knew I was a victim. And he was generous with his time. As other survivors can attest, this is not a five-minute conversation. He took great pains to make sure I never felt I was a burden or that our conversation was incomplete, and he was always there when I needed him. While I cannot disclose how my incident played out because it might identify me or my assailant, I can say confidently that Dean Sullivan could have made six to seven figures in the time he spent helping just me. Over the years, I have used the 'it's urgent' card rarely, particularly given his stature, but when I have, he is there - whether messaging me back in the middle of a class he is teaching, while seated before a judge at trial, or when standing at the gate at an airport, all just to make sure I'm okay.

I am not the only one. During one of our long conversations about this incident, he got a call and asked me if I could leave his office for twenty minutes and come back. As I left, I noticed a sealed plastic evidence bag next to his feet and I saw a uniformed police officer walk into his office. When I returned, the bag was gone, and I asked why law enforcement had come to his office. He said that he was representing a victim of a gang-rape and because she was too scared to talk to the police, he was giving a detective her clothes as evidence. I later met this brave woman and she confirmed what I already knew: Dean Sullivan helped her, too. There were other times in his office where I would see on a back shelf print- outs of what appeared to be iPhone text message screenshots or on another occasion a print-out of a very long statement he seemed to be editing carefully in red pen; when I asked him what he was working on, he told me he had an AdBoard sexual assault case he was helping out with. In each of these cases, he said he was representing the victim. Not the accused. I remember, because you don't forget the joy of knowing that others are being rescued in the way that you were.

Once as I was leaving his office, I asked his secretary how he has the time to take on these cases. She told me that he barely sleeps and spends most of his days on pro bono work, and that she tries to transfer email requests for pro bono representation all over the country into another folder so that he does not see them as they come in. She said she did this because she knew he was "a sucker for a sob story" and could never say no.

His fights are never about himself, and I know that he will attack the hand that feeds him and starve if it means justice. He is that stubborn about being consistent and ruthless in the exercise of one's duties and giving more than lip service to these legal cornerstones. To the extent that any potential overlap arises between his duties, all I have seen him do is take the student-victim side (like mine, or these other women's), rather than the student-assailant's. Given that his private client at issue is in New York, and his Winthrop House students are in Massachusetts, and there is no evidence of any overlap between the two, I believe that Dean Sullivan is not only able to perform all of these duties with the same obstinant protectiveness: his experience qualifies him to perform them even better. I wouldn't want a Dean who will listen, nod, validate me, then walk me to the Title IX office. I want the Dean who will listen, nod, validate me, represent me as one of the best criminal defense masterminds in America who would eviscerate the arguments of anyone who challenges me, to walk to me to the Title IX office. Wouldn't you?

The irony is that you will never hear from him about my story or these other countless women he has helped. Not even by reference. Not a word. His respect for confidentiality tracks attorney-client privilege, which is sacrosanct and survives death. He is, still, protecting us. The man who has rushed to so many people's defense refuses to publicize the one thing that will defend him now: that he has represented more victims in Harvard sexual assault cases than the accused, and that he has done so with a fire that makes victims like me feel no one else could have possibly come close in advocating for us. Sharing this would threaten the unconditional basis from which he helps people, which I believe is inspired by his faith and his ethics.

But I think you deserve to know. And I do not recognize the man you purport to be protesting. That is not the Sullivan that I know. I revere him as a sexual assault victim - what does it say about you for telling me I should fear him?

I cannot counter-protest at Harvard, nor can any of the other survivors Dean Sullivan has helped, because to do so would identify us. So, please, stop speaking for us. You are promoting the caricature of women as helpless beings without agency when you protest our ability to make choices about what we do with information about our attacks against our bodies and in whom we confide. All this does is set us back to a pre-Me Too era, in a way not unlike men making decisions about whether a woman can have an abortion or vote. I have spent much of my time since my assault advocating for other victims of sexual assault. I am confident that the current discourse, promoting overwhelming and convoluted analyses of what we should allow victims to do (premised on the idea that such decision-making power should be transferred away at all), will disincentive reporting. It is hard enough to muster the courage to disclose an incident like this without having to be concerned about whether your classmates will judge and undermine you for who you told.

The only voices that should matter in the manufactured debate of whether Dean Sullivan responds to sexual assault victims appropriately are those with any sort of authority on this issue, i.e., the victims who have disclosed to him. That is it. Everyone else should see their privilege and their place and step back to make room for the victims to express whether there are any concerns with his actual handling of our allegations.

So, please stop speaking for victims of sexual assault at Harvard, and do not take away our support in Dean Sullivan. You are disservicing victims and your protests do more harm than help us. You do not and will not stand for us. If you cannot see how your protests are rooted in a savior mentality and are totally obstructionist to a woman's independence of thought and agency, you do not deserve to speak on our behalf against a hero. You do not deserve Dean Sullivan.
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Is there a way to use Facebook without giving up my privacy?

Eira wants to join because she is missing out on things, but doesn’t want to build a profile

Is it possible to be a passive user of Facebook? I want to read announcements relating to friends and colleagues, and maybe post comments, without building a profile with photos, a timeline and so on. I have managed perfectly well without joining, but occasionally miss useful information that is not available elsewhere. Eira

What’s known as “lurking” – being a member without actively participating – is very common. To quote Jakob Nielsen, “In most online communities, 90% of users are lurkers who never contribute, 9% of users contribute a little, and 1% of users account for almost all the action.” This is known as the 1% rule, and it’s obviously a gross generalisation.

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A teachable moment

Professor Randall Kennedy has an excellent piece in the Chronicle of Higher Education about the demands that Professor Ronald Sullivan step down as faculty dean of Winthrop House. “Harvard students are outraged over Ronald Sullivan’s legal work,” reads the subtitle. “They should learn from it instead.” Kennedy here puts his finger on a particularly troubling aspect of the way this situation is unfolding. 

Harvard’s first job is to educate its students. Having them in residence provides an extraordinary opportunity to teach them about the complexities of life, the ways in which human beings are multidimensional and communities of different human beings with different histories, ambitions, and ideals can cooperate and foster progress. Residential life can thereby teach a key element of democratic citizenship, so threatened today: how to engage in a spirit of civic optimism with people whose decisions and actions you find disagreeable.

So far that sounds like a standard justification for diversity, with which no one could disagree. But the next step is where the rubber meets the road. A society in which each member plays multiple roles, and in which those constellations of personae differ from individual to individual, can hold together peacefully and productively only through the exercise of reason applied to deep but sometimes competing commitments to individual freedom and to the common good. Such a commitment requires both sublimation of one’s own emotions and empathy toward others. It is inconsistent with a view that discord is intolerable and personal comfort is supreme. As Kennedy says, 
Those calling for Sullivan’s resignation or dismissal as a faculty dean … are displaying an array of disturbingly widespread tendencies. One is impatience with drawing essential distinctions such as that between a lawyer and his client. Another is a willingness to minimize or dispense with important safeguards like fair trials. Yet another is a tendency to resort to demonization.

The public response of Harvard officials thus far has been to draw a sharp divide between Sullivan’s educational and pastoral roles, seemingly restricting “education” to book-learning. According to the Crimson,
“When we think about the faculty dean role, part of it is the faculty dean as an educator, someone that’s helping to connect students to, frankly, the excitement of intellectual and academic life,” [FAS Dean Claudine] Gay said. “But there’s also a pastoral role, sort of an expectation of a special responsibility to the well-being of the students who are part of the community.”
On that score, Dean Gay found Sullivan’s handling of the controversy “insufficient.” Dean Khurana echoed those sentiments, while coldly defending Sullivan’s “academic freedom.” I am not at all sure that is the right category; does Dean Khurana mean to suggest that rights to academic freedom end at the gates of the Harvard Houses, lest someone do or say something that offends other residents?

Dean Khurana then charged former Freshman Dean Tom Dingman to conduct a “Climate Review” of Winthrop House. Having more or less publicly thrown Sullivan under the bus, that is, Khurana has asked Dingman to find out how students are feeling and apparently plans to hold Sullivan to a spookily vague climatological standard. (Dingman is a loyal servant of Harvard and an old friend, but he is also the dean who, invoking the same troubling dichotomy between intellect and feelings, asked students for a public pledge of their commitment to the principle that “kindness holds a place on a par with intellectual attainment.”)

I suspect that it is very hard for Sullivan to speak up for himself in the way that Kennedy has supported him and indeed has supported Harvard’s full educational role. Sullivan is in a more ethically constrained situation than the nurse I mentioned in an earlier post. A medical professional can say what she wants about the patient she is treating as long as she treats him and respects his medical privacy. But Sullivan, having agreed to defend Weinstein, can speak about him only in the voice of his lawyer.

Yet there is no reason why Harvard—Khurana, or Gay, or President Bacow, or a student group, or some department, or the Safra Center, or some other Harvard entity—could not stage a thoughtful educational forum to explore this nuanced situation. I am thinking of the sort of thing the Harvard Federalist Society and the American Constitution Society sponsored about single-gender organizations, though it would not have to be framed as a debate. In the absence of any effort to raise the discussion to a more rational level, an important teachable moment will be lost. “We can only hope,” as Kennedy concludes, “that Harvard authorities will decline to defer to expressions of noisy discomfort and instead adhere to those intellectual and moral tenets that sometimes must bear the uncomfortable burden of complexity.”

How can I set up a small website for a local group?

Robin wants to find a way to create a site that doesn’t require coding experience

As chair of our local allotment association, I’m wondering about setting up a website to provide information and news to new and existing allotmenteers. Can this be done with basic tech knowledge and zero experience of web design or coding? There’s a bewildering number of services offering to host websites, sell domain names, provide easy-to-use templates and so on at a range of prices. What are the catches with the free or cheap services on offer?

We have a Facebook group but nobody in the association is very keen to keep this active. Robin

It’s a pity you don’t like the idea of using Facebook because this is generally the quickest and easiest way for a small group to get online. In fact, if an organisation has a physical manifestation – a school, park or church, allotments, a restaurant or so on – then it may already have a Facebook page. If so, you can apply to take it over. If that fails, you can start your own page and compete with it.

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