Idaho Court Tosses Conviction After Prosecutor Quotes “Dixie” Song

Ellie Hall, BuzzFeed, December 30, 2014

The Idaho Court of Appeals ruled Tuesday that a prosecutor interjected race in the closing arguments of a case against a black man–who was subsequently convicted of sex crimes against two white minor females–by quoting lyrics from the Confederate anthem “Dixie.”

In a unanimous opinion, Judge Karen L. Lansing described the song as an example of “pernicious” racism.

{snip}

James D. Kirk, 46, was arrested in August 2012 for allegedly engaging in sexual conduct with two girls, age 13 and 17, in a hotel room in Nampa, Idaho. Both girls were runaways from a group home for at-risk young women and both were white–a fact that would later become important. Kirk was charged with lewd conduct with a minor under 16 and sexual battery of a minor 16–17 years old.

In her closing arguments at the end of Kirk’s trial in April 2013, Canyon County Deputy Prosecutor Erica Kallin paraphrased the song “Dixie,” using it to urge the jurors not to “look away” from the state’s evidence:

Ladies and gentlemen, when I was a kid we used to like to sing songs a
lot. I always think of this one song. Some people know it. It’s the ‘Dixie’ song. Right?

‘Oh, I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away.’

And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse in her medical opinion. Look away. Look away. Look away.

According to court documents, the defense attorneys did not object to Kallin’s use of the song during the trial. Kirk was found guilty of both counts and sentenced to 20 years in prison.

In an opinion filed Dec. 19, the Idaho State Court of Appeals agreed with Kirk and overturned his conviction, sending it back to Canyon County for another trial.

{snip}

Canyon County spokesperson Joe Decker told the Idaho Statesman that the county will retry the case if the Idaho attorney general doesn’t appeal the ruling.

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  • propagandaoftruth

    So…

    How much more is this child raping negro going to cost society? At least another trial.

    • Sick of it

      A bullet and a brave man.

      • John Smith

        Two bullets, to make sure, and another two for the judge.

        • See The Future

          Another elite to hang

        • Guest

          That could be one of the finest moments in our people’s struggle for existence!

    • archer

      Absolutely what I was thinking, there was nothing racist about how she used the song, in fact I think it was clever. This is going to be a monumental waste of money, it would seem,to appear non racist we have to convict multiple times.

      • Glen

        The prosecutor could have stated the following without any reference to Dixie:

        “And isn’t that really what you’ve kind of been asked to do? Look away
        from the two eyewitnesses. Look away from the two victims. Look away
        from the nurse in her medical opinion. Look away. Look away. Look away.”

        To make positive mention of Dixie in court was extremely stupid.

        • Snazzy Snook

          So you’re saying that the song Dixie IS racist ? Is that what you’re saying, Glen?

          • Glen

            The regime considers the song Dixie racist. What you and I think doesn’t matter.

  • A Freespeechzone

    WTF!? Either this criminal negro committed a crime—or he didn’t.

    Facts don’t matter anymore if negroes are offended.

    Lock and load…

  • MekongDelta69

    Judge Karen L. Lansing – Another self-hating, guilt-ridden, spineless, White feminazi.

    Some days, I think I’ve ingested the ‘red pill, instead of the ‘blue pill.’

    • Usually Much Calmer

      Lay off the pills?

      • dukem1

        You first.

  • IstvanIN

    When I was in grammar school back in the 60s we sang Dixie, among other songs, some of which were called “negro spirituals” in our song books, and no one was harmed.

    None the less the judge is insane. Would she attempt to let a White rapist go free for something this trivial?

    • dukem1

      We sang “Camptown Races” and “Ol’ Black Joe”.

      • IstvanIN

        We also sang “Shortnin Bread”

        • Spikeygrrl

          Swing Low Sweet Chariot
          Joshua Fit [sic] The Battle Of Jericho
          Ezekiel Saw The Wheel
          Shadrach, Meshach and Abednego

          …brings back choir days…

    • Mary

      We sang “Blue Tail Fly”, which was about a slave and referenced his “master.” And the music teacher was black!

    • Jacobite2

      No, but that’s because whites don’t get any slack. Or hadn’t you noticed? There used to be a two-track justice system, with whites getting every break. Now, it’s been reversed. These are the only two possible options. As they say; five can ride but only one can drive.

  • Reynardine

    Dixie wasn’t the official theme of the Confederacy either (it’s the Bonnie Blue Flag). Dixie was written for a minstrel show by a white northerner.

  • TruthBeTold

    It was a clumsy and unnecessary reference but it was harmless.

    • Unnecessary maybe, but clumsy? Doubtful. She was connecting with the jury, using something regional, cultural, as a concise and easy to grasp example of what the defenses only defense was, mainly “if you convict, you rayciss!”

      I havent bothered looking into the details of the case, but really, its a guilty negro rapist, the defense likely consisted of a lot of flailing of arms, wailing and gnashing of teeth, calling of witnesses who were obviously just there for the crack rock they were promised if they would lie on the stand, and pleas for the jury to “look away, look away, look away.”

      I think it was a smart move on the part of the prosecution, cementing the case, and pointing out, without being too “rayciss” that the negro you see in front of you is indeed guilty, everyone in this room knows it, and you better not set him free just because his lawyer brought up “da turrible legacy ob da slabbery” and how “he bees opresshed.”

      I think it was a wise choice for its intended audience. What we see here is the result of some SPLC goon perusing the closing arguments after the fact and seeing a chance to get a negro child rapist off the hook.

      • TruthBeTold

        Clumsy? Awkward? A stretch?

        However you want to define it the result was the same; an excuse to cry ‘racism’ and a chance to spring a black criminal.

        You have to be careful in situations like this. You don’t want to give these vultures any opportunity to exploit a slip of the tongue.

  • Luca

    Feigning offense to the lyrics of a song is far more important than raping two White girls.

    Don’t you just love Liberal judges, they not only know the law, but are so full of common sense and fairness.

    • See The Future

      Another example of a judge failing to keep things in perspective.

  • It might work out for the better; maybe he’ll be sentenced to 30 years the next time around.

    • archer

      Good point, the prosecutor might want to make it before the perp starts thinking he’ll be walking free when all he will be doing is costing the state a lot more money.

  • LIBERTYSINCURSION

    This Judge is clearly a typical “look at me black people, see I’m not racist” activist PC hack. However, the Prosecutor should’ve known better than to mention “Dixie – The land of cotton”. In the trial of a black man for raping 2 White girls. Especially in the hyper racialized climate that we Americans find ourselves in today.

  • Katherine McChesney

    I wish the South would rise again.

    • Bill

      Maybe so. The last election turned it red.

  • Ron Cheaters

    Elvis did a great version, where he morphed into Glory, Glory hallelujah. I always loved the version he did, it was a powerful song to me.

  • humura

    If “Dixie” represents such racism, why did Lincoln request that it be played at his 2nd inaugural?

    • DonReynolds

      Lincoln said “Dixie” was his favorite song.

  • DonReynolds

    If we ever get to live in a sane world, it will not happen by itself. It will only happen because we make it happen. We may have to wade in blood to bring it about, including our own.

  • dd121

    A couple of years back the leftists were claiming that “Dixie” was written by a black. Don’t know if that’s true or not. If true do you suppose that figures into this racialist dynamic?

  • MBlanc46

    Just when I was beginning to think that things couldn’t get any more bizarre….

  • superlloyd

    That judge should be put in the same cell as the negro for life. Would that wake her up? Doubtful, to say the least. She’d probably enjoy it.

    • See The Future

      Maybe she already has

  • Yves Vannes

    I guess for this (I`m sure uber feminist) woman, statutory rape is no big deal.

  • LHathaway

    Now we cannot quote song lyrics, Whites, that is.

  • John Smith

    Do you really think this influenced an Idaho jury more than the obvious facts of a negro raping white girls?

  • TomIron361

    too many silly women running around our judicial system…

  • Clyde Weathers

    The charges against the negro aren’t very clear and I have no access to the testimony in this case. Not sure what is worse here: negro Kirk tiddling two underage teen White girls who apparently went with him voluntarily to a hotel room or the Idaho Court of Appeals ridiculous decision.

  • Alexandra1973

    James D. Kirk?

    Maybe his momma thought he’d be a starship captain one day. LOL

    (I know, Star Trek’s Kirk was James T. Kirk.)

    • John

      Just a slight difference in the ebonical interpretation. James D. Kirk is James “Dat”. James T. Kirk is James “That”. Dis tru cuz my sailfoam beez sayin.. nawawmeen?

  • JustSayin

    What’s a couple of young White lives destroyed in the quest for this “judge’s” SJW bona fides? Take note at what happens if Southern culture is brought up in any way other than in the lamenting over the plight of those poor, pitiful negroes.

  • One thing that is being missed here is that this is yet another example of black men quasi-kidnapping white girls and forcing them into sex slavery.

    • Pathfinder75

      And they also make the White girls dependent on them by getting them hooked on drugs as a means of gaining control over them.

    • See The Future

      The OJ Simpson defense………corruption in the legal system

      • Jacobite2

        The O J defense was never anything other than betting that black jurors do not see anything wrong with killing white people. It turned out they didn’t. But black jurors don’t see much wrong with blacks killing other blacks either.

  • dd121

    I nearly broke my desk when I stood to attention.

  • MartelsGhost

    Please tell me where the racism is located in this beautiful song……
    Oh, I wish I was in the land of cotton,Old times there are not forgotten.Look away, look away, look away Dixie Land!
    In Dixie Land, where I was born in,early on one frosty mornin’.Look away, look away, look away Dixie Land!
    I wish I was in Dixie, Hooray! Hooray!In Dixie Land I’ll take my stand,to live and die in Dixie.Away, away, away down south in Dixie!Away, away, away down south in Dixie!
    There’s buckwheat cakes and Injun batter,Makes you fat or a little fatter.Look away! Look away! Look away! Dixie Land
    Then hoe it down and scratch your gravel,To Dixie’s Land I’m bound to travel.Look away! Look away! Look away! Dixie Land
    I wish I was in Dixie, Hooray! Hooray!In Dixie Land I’ll take my stand,to live and die in Dixie.Away, away, away down south in Dixie!Away, away, away down south in Dixie!

    • Albert

      It’s a song of confederate pride. That’s a big no no in our current PC climate. Interesting to note, the song was actually written by a man not from the South. (Are those the actual lyrics to the song??)

      • MartelsGhost

        I realize being proud of the Confederacy and the South are both socially punishable offenses in the modern PC world but the lyrics by themselves are not racist and contain no racialist terms or thoughts unless you consider yourself to be a descendant of the Vandals. In which case it seems like the DIEversity crowd would love the song.

        Nothing wrong with having pride in the South or the Confederacy.

        Dan Emmett, an Irish musician from Ohio is credited with writing the song as part of his traveling minstrel show. A claim that was disputed even during his lifetime. Emmetts version contained lyrics that were oriented around a former slave lamenting his ever leaving the South to find work up North.
        The lyrics and history are both according to Wiki…..for whatever thats worth.

        The lyrics popularized in the South in 1861 were a little bit different:

        Hear ye not the sounds of battle,
        Sabres’ clash and muskets’ rattle?
        To Arms! to Arms, to Arms in Dixie!
        Hostile footsteps on our border,
        Hostile columns tread in order;
        To Arms! to Arms, to Arms in Dixie!

        CHORUS [sung after each verse]
        Oh, fly to arms in Dixie!
        To Arms! to Arms!
        From Dixie’s land we’ll rout the land,
        That comes to conquer Dixie,
        To Arms! (to Arms!) To Arms! (to Arms!)
        and rout the foe from Dixie!
        To Arms! (to Arms!) To Arms! (to Arms!)
        and rout the foe from Dixie!

        See the red smoke hanging o’er us!
        Hear the cannon’s booming chorus!
        To Arms! to Arms, to Arms in Dixie!
        See our steady columns forming,
        Hear the shouting! hear the storming!
        To Arms! to Arms, to Arms in Dixie!

        Gird your loins with sword and sabre,
        Give your lives to Freedom’s labor!
        To Arms! to Arms, to Arms in Dixie!
        What though every hearth be saddened?
        What though all the land be reddened?
        To Arms! to Arms, to Arms in Dixie!

        Shall this boasting, mad invader
        Trample Dixie and degrade her?
        To Arms! to Arms, to Arms in Dixie!
        By our fathers proud example!
        Southern soil they shall not trample!
        To Arms! to Arms, to Arms in Dixie!

        Southrons, meet them on the border!
        Charge them into wild disorder!
        To Arms! to Arms, to Arms in Dixie!
        Hew the Vandals down before you!
        Till the last inch they restore you!
        To Arms! to Arms, to Arms in Dixie!

        Through the echoing hills resounding,
        Hear the Southern bugles sounding!
        To Arms! to Arms, to Arms in Dixie!
        Arouse from every hill and valley,
        List the bugle! Rally! rally!
        To Arms! to Arms, to Arms in Dixie!

  • Michael Ryan

    what was a black man doing in idaho we aint got none

    • Roninf9

      That’s where the white women were at.

  • Sloppo

    I wonder if this judge would attempt to let the perpetrator go free if the raped females had been her mother and daughter.

    • Roninf9

      Probably. These anti-Whites are mentally ill.

  • LexiconD1

    I think you’re completely stupid. All you’re looking at is the ‘act’, and not the ‘results’.

    They aren’t one in the same, for the record.

    • LHathaway

      It’s probably true these girls slept with the guy because they felt it benefited them. I don’t mean to excuse statutory rape by saying this, but that fact is likely true in most cases of statutory rape. If women can be so young and immature as to not be capable of making these decisions, cannot this be true for men also? If you place 100 men in a private setting with an attractive single woman and all 100 of them consent to have sex her this would be some indication grown men are unable to make rational choices. Stop this rapping of men! lol

      • LexiconD1

        Again, don’t mistake the ‘actions’, for the ‘repercussions/results’. Two wholly different subjects.

        Don’t make excuses, or lies/wishful thinking, to change the subject.

  • A grown man who sexually abuses teen runaways deserves a speedy trip to the gallows, your own attraction to young girls notwithstanding.

  • Fr. John+

    A woman should NEVER be a Judge. And leftist scum like that don’t belong in ‘White-a-ho.’
    Just sayin’….

  • LexiconD1

    You seriously missed my point, reread and THINK about what I said, before replying again.

  • Nimadan

    You’re right and you’re wrong…

    You’re right the present, age of consent laws are based on a prudish misunderstanding of sexual and developmental psychology.

    You’re wrong, because with our race and civilization in the danger they’re in, this is no time to open up a divisive new issue. A large percentage of people, especially mothers, have an hysterical reaction to any discussion of adolescent sexuality. I don’t see that changing soon and we can’t afford the distraction.