WEBVTT

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Hey y 'all, welcome to Questions You Didn't Ask.

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Did you know that this very spot could be showcasing

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your business or event? Whether it's an audio

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ad on our podcast, or a visual ad on our new

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YouTube station, or even both, we've got the

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space for you. Nyesha Frey Consulting is reaching

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a growing audience of over a thousand leaders

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who are passionate about health equity, social

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justice, and civil rights activism. These are

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professionals just like you working across higher

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education, research, healthcare, nonprofit, government,

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and even public health sectors. If you're ready

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to get your message in front of a dedicated and

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engaged audience, send me an email at naishafrayconsultingllc

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at gmail .com. Let's talk about how we can help

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you connect with the people who need to hear

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about your services and products that advance

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health equity and wellness. Don't miss out. Get

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in the mix and let's make an impact together.

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As this series airs, I have a real sense of genuine

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disappointment about who's been elected as president,

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relief for the newly elected governor of North

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Carolina, my home state, and mixed feelings about

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other down -ballot officials who shape our daily

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lives and impact our future. Regardless of the

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various election outcomes, the need to push forward

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on health equity, social justice, and basic human

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rights. remains critical. No matter who lost,

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we must continue standing up, speaking out, and

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working together to ensure that everyone, especially

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those on the margins, has a true opportunity

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to thrive. Free and fair elections are essential,

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but they're only part of what it takes to shape

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lives meaningfully for ourselves and future generations.

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This series Questions You Didn't Ask, Justice

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or Just Us? How Law, Health, and Equity Collide

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in America. Explores how our legal and criminal

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justice systems determine who gets access to

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health and well -being and who does not. But

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first, let's start with some foundational civics

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that explain how power is structured in the United

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States. According to the United States government's

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design, every level of government, federal, state,

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and county, follows a three -branch system, executive,

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legislative, and judicial. At the federal level,

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the executive branch, led by the president, enforces

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laws. Congress, the legislative branch, makes

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the laws. And the judicial branch, led by the

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Supreme Court, interprets them. States mirror

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this structure, but each state's specific powers

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and processes can vary. Under the 10th Amendment,

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states hold all powers, not specifically delegated

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to the federal government. With 50 states across

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the nation, this creates substantial variation,

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including differences in governors' powers and

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legislative structures. Locally, county governments

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shape public health. law enforcement, and infrastructure

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services, significantly influencing our access

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to health and wellness based on state laws. As

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we dive into this series, we'll closely examine

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the Just Us system and how it impacts who has

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access to health and well -being and who's left

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out. Following the Civil War, Southern states

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used the legal system to maintain racial control,

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enforcing Black codes and Jim Crow laws that

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criminalized Black life and funneled individuals

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into a new system of forced labor. The 13th Amendment

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abolished slavery, but allowed an exception for

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those duly convicted of a crime, creating what

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historians called a new slavery through incarceration.

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Today, Black and Hispanic people continue to

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bear the brunt of these structural inequities.

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Black Americans are imprisoned at more than five

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times the rate of white Americans, and Hispanic

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individuals are incarcerated at nearly double

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the rate of whites. This comes from the NAACP

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criminal justice fact sheet. Black and Hispanic

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men face harsher sentences than their white counterparts,

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even for identical crimes. which reinforces a

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legacy of racial control. This is from the Sentencing

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Project, 2024 Report on Racial Disparities. Meanwhile,

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wealthy white individuals often encounter the

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legal system under starkly different conditions,

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with less likelihood of arrest and lighter sentences.

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This disparity was highlighted again recently

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by newly elected, re -elected, President Donald

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Trump's criminal cases. For the first 234 years

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of the nation's history, no American president

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or former president had ever been indicted. That

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changed in 2023 when Trump was charged in four

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separate criminal cases within five months. The

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charges cover a wide range of conduct before,

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during, and after his presidency. As of August

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2024, one of these indictments has led to a conviction,

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while three remain pending. This comes from Politico,

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tracking the Trump criminal cases. Watching a

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recently re -elected president campaign for public

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office despite these charges highlights how privilege

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operates in plain sight. underscoring the stark

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inequities that inspired this series. Throughout

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this series, we'll dig deeper into how this Just

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Us system impacts health and wellness for specific

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communities, especially regarding the social

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determinants of health. Social determinants like

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quality housing, access to education, stable

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employment, and comprehensive health care are

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all interconnected. and critically influence

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who ends up most affected by the legal system.

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Structural barriers in these areas disproportionately

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affect people of color and low -income communities,

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often confining their chances for a healthy and

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stable life to factors beyond their control.

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This series is my way of examining the raw data

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and revealing the forces that make these disparities

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possible. The just us system doesn't just dictate

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criminal outcomes. It's a determinant of health

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and well -being in this country. Join me as we

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unpack these systemic injustices and explore

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real solutions. Let's dig into the power of advocacy

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and policy change to turn this system around.

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Stick with us. This will be a journey worth taking.

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I'm so excited to introduce our next guest for

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this special series, Jesse Hamilton McCoy. Jesse

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Hamilton McCoy is clinical professor of law and

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supervising attorney for the Duke Law Civil Justice

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Clinic. In that capacity, he teaches a seminar

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course. mentors students in developing and improving

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basic civil litigation skills, and oversees their

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handling of cases for indigent clients who are

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often unable to obtain adequate representation

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in the traditional civil justice system through

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the clinic's partnership with Legal Aid of North

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Carolina. A Durham native, McCoy operated a boutique

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solo practice in Raleigh for four years before

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becoming a legal aid of North Carolina staff

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attorney in the agency's Winston -Salem and Durham

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offices. He has litigated cases in a variety

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of practice areas, including criminal defense,

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personal injury, public housing evictions, and

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voucher terminations, landlord -tenant matters,

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and foreclosure defense. McCoy has also served

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as an advocate for victims of domestic violence

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in Wake, Durham, Granville, Vance, and Forsyth

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counties, and has taught at both the North Carolina

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Central University, Go Eagles, and Wake Forest

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University Schools of Law. Jesse McCoy, who joined

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the Duke Law faculty full -time in 2017, received

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his Bachelor of Arts from the great Florida A

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&M University in 2005. Strike, strike, and yes,

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strike again. And his JD from North Carolina

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Central University School of Law in 2008. He

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moonlights as a fiction writer and to date has

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published two novels, A Family Saga, book one,

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Sundiata, and Black's Law, The Hellmaker. He

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also enjoys watching professional football with

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his wife and child. and cheering for the Carolina

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Panthers. I am so excited to start this conversation

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and just get right into it and especially proud

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to have my fellow Rattler here with us and my

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fellow North Carolinian. From the triangle, might

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I add, I'm a Raleigh girl and he's a Durham guy.

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And we're going to make this conversation do

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what it do. But before we get deep into the topic

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today, can you tell my audience why you decided

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to join me in this conversation on questions

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you didn't ask? What motivated you to say yes?

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Well, first of all, anytime that a fellow Rattler

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asks me to do anything, I'm going to be there,

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let alone a Rattler in North Carolina. So that's

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that's the one thing. The other thing is, I think

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we've been blessed to have a professional relationship

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pretty much most of the time that I've been working

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at Duke. And so I've seen all of the amazing

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things that you've been working on. And I always

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want to be a part of something that's positive

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and that's helping the community. So here I am.

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Awesome. Awesome. Thank you so much. So, you

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know, I've just read your bio for the audience

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and I just want to also give them a chance to

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hear from you. Why did you decide to become a

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lawyer? So this is a very, very interesting and

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kind of long story. But initially, when I was

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in high school, you didn't really see a lot of

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people who practiced law. I was fortunate to

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be in a health care partnership program that

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would take kids from the inner city and pair

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them with doctors. And I met along the way a

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doctor, African -American doctor, who's a general

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surgeon at UNC. So I just thought, oh, I want

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to do that. Right. Problem is that I didn't know

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anything about chemistry. I didn't have a lot

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of resources for sciences in my area. I just

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knew that he had a nice house, nice family, nice

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car. And that's what I wanted. So I set off initially

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trying to do the science route, trying to do

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the chemistry route, and learned very quickly

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my freshman year at Florida A &M. Chemistry for

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me. My grades were like not good. There's there's

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there's borderline and then there's not good.

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And I was at the not good place. I was the same

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way with chemistry, by the way. It's not my friend.

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They don't do favors for you because they want

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to know that six in the morning for chemistry

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orientation. That wasn't for me. So anyways,

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I now my freshman year have this crisis where

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I'm trying to figure out, well, what else am

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I good at? One of the things that I remember

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from high school was, you know, being harassed

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by police. Most people have had this situation

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where if you live in certain communities, police

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just want to kind of prey on those communities

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to make it seem like everybody there is predatory.

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They accuse you of things you didn't do, all

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that stuff. And I remember one particular incident.

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When the police officers accused me and my guy

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brother of throwing rocks at people, something

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they knew we didn't do. Hands were full of groceries,

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but nonetheless. And I remember in that moment

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the embarrassment I felt because I wasn't able

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to vocalize anything. It was the power dynamic

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that was just off. And I said to myself, I want

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to be somebody in that moment who can make police

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officers feel like I feel right now. So when

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I got to FAMU and I realized that I wasn't going

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to be a doctor, I happened to be walking on campus

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and they had this thing called Law Day. And Law

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Day, for those who don't know, is a day where

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all of these ABA accredited schools, law schools,

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come to Florida A &M every October. And they're

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trying to recruit students from Florida A &M

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to come to their law school. So I went to Law

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Day. It's a huge law school fair. And as I was

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walking through Law Day, the first sign I saw

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was somebody there from Duke University. And

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I'll shout him out, Dennis Shields, who was the

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dean of admissions for the law school at the

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time. And freshman year, made a relationship

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with him. He met him. I told him I was interested.

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He asked me where I was from. I told him I was

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from Durham, North Carolina. He said, oh, great.

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You know, here's what you got to do. And from

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that year forward, every year I would come back

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to see and check up with, you know, Dennis Shields

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and find out where I'm at in the process and

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what I need to do for this year and all that

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stuff. So I do that for several years. And then

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finally, game time, you're supposed to be doing

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your LSAT, which is the test you take to go to

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law school and getting everything ready. One

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of the issues is I was a broke college student.

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And when I say broke college student, that means

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that there's not going to be financial support

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from a parental unit that's going to be helping

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me. You on your own, right? Right. So, you know,

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between working and all this stuff, I was trying

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to figure out, okay, I can take the LSAT, but

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this is an expensive test. The application is

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expensive. The process is expensive. How do I

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navigate this? Florida A &M helped me again because

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they had a graduate studies department that would

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pay for you to do one class. So I did a Princeton

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Review class for the LSAT. Up until that point,

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I had been just, you know, I'm old school. I

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go to the library, get a resource book, copy

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the pages, do and take practice tests on my own.

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It was doing pretty well, but it made me feel

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inferior because the Princeton Review LSAT prep

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class seemed like it was so much more comprehensive.

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And so I tricked myself into trying to learn

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the Princeton Review way. And I think that ended

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up backfiring on me. So I got that free LSAT

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from FAMU. I took it and I did horrible. Wow.

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Don't believe the hype. Horrible. Don't believe

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the hype. The LSAT is a 129. I think I got a

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131. Wow. It was horrible. I took the LSAT in

00:15:48.279 --> 00:15:51.700
a hotel. The Doubletree Hotel in Tallahassee,

00:15:51.740 --> 00:15:54.279
Florida, that was under construction. Wow. So

00:15:54.279 --> 00:15:57.120
on top of not being confident, I'm hearing jackhammers

00:15:57.120 --> 00:16:00.720
like every 10 minutes, whatever. So I did horrible.

00:16:00.879 --> 00:16:03.720
Well, anyways, I go to Lauday, my senior year,

00:16:03.879 --> 00:16:06.080
and I'm like, hey, buddy, I did what you told

00:16:06.080 --> 00:16:08.759
me to do. I'm ready to go to Duke. What's up?

00:16:08.879 --> 00:16:11.799
He saw my L -sign. I'm like, no, sir. This is

00:16:11.799 --> 00:16:13.799
not going to get you into Duke. You need to take

00:16:13.799 --> 00:16:17.210
it again. Well, I'm broke. I can't afford to

00:16:17.210 --> 00:16:20.389
take it again. So I'm thinking law school dreams

00:16:20.389 --> 00:16:22.350
is gone. I got to figure out something else.

00:16:22.389 --> 00:16:24.610
Maybe they'll hire me to be a greeter at Walmart

00:16:24.610 --> 00:16:26.929
or something. I throw everything, you know, in

00:16:26.929 --> 00:16:29.649
the trash. I storm out of law day. I'm walking

00:16:29.649 --> 00:16:32.730
through campus. There's a lady who is giving

00:16:32.730 --> 00:16:35.769
her daughter a tour of Florida A &M because her

00:16:35.769 --> 00:16:38.350
daughter is interested and they look lost. So

00:16:38.350 --> 00:16:40.429
I stopped to ask, can I be of service to them?

00:16:40.970 --> 00:16:42.669
She was like, oh, sure. So they wanted to find

00:16:42.669 --> 00:16:44.610
where Foot Hillier was. I'm taking them on the

00:16:44.610 --> 00:16:47.809
tour. Lady says, I saw you coming out of law

00:16:47.809 --> 00:16:50.470
day. Do you want to be an attorney? And I said,

00:16:50.509 --> 00:16:53.269
well, I wanted to be an attorney. I was hoping

00:16:53.269 --> 00:16:56.129
I could do it. She said, interesting. Where are

00:16:56.129 --> 00:16:58.549
you from? I said, well, I'm from Durham, North

00:16:58.549 --> 00:17:01.210
Carolina. And she said, hmm, have you ever heard

00:17:01.210 --> 00:17:04.069
of North Carolina Central University? Of course

00:17:04.069 --> 00:17:07.029
I've heard of North Carolina Central. She was

00:17:07.029 --> 00:17:08.710
like, would you go to North Carolina Central

00:17:08.710 --> 00:17:11.289
University School of Law? I said, I will go to

00:17:11.289 --> 00:17:14.569
any law school that's willing to take me. And

00:17:14.569 --> 00:17:17.049
so she said, do this. All the stuff that you

00:17:17.049 --> 00:17:19.230
just gave, you were just giving to the other

00:17:19.230 --> 00:17:21.930
person. Bring it to me. Right. And this is a

00:17:21.930 --> 00:17:23.930
time, you know, back then they still had Social

00:17:23.930 --> 00:17:26.329
Security numbers on stuff. This is the biggest

00:17:26.329 --> 00:17:27.950
scam in the world. She would have got me for

00:17:27.950 --> 00:17:30.490
everything. But I just ran back and got all my

00:17:30.490 --> 00:17:33.480
stuff. gave it to her, not knowing her name,

00:17:33.539 --> 00:17:36.180
not knowing her from Adam or anything. And she

00:17:36.180 --> 00:17:38.960
was like, I'll see what I can do, right? Two

00:17:38.960 --> 00:17:41.579
weeks later, I get an acceptance letter to North

00:17:41.579 --> 00:17:44.519
Carolina Central University School of Law, right?

00:17:44.900 --> 00:17:47.460
So fast forward that August, I moved back from

00:17:47.460 --> 00:17:50.740
Florida to North Carolina. My first week, I go,

00:17:50.880 --> 00:17:53.140
my first day, I go to try to figure out who was

00:17:53.140 --> 00:17:56.220
this lady, right? Who was she? And come to find

00:17:56.220 --> 00:17:59.339
out she was the outgoing Dean of Finance for

00:17:59.339 --> 00:18:02.250
the law school. Wow. But for the fact that I

00:18:02.250 --> 00:18:04.609
was just nice in the moment, you know, God be

00:18:04.609 --> 00:18:09.609
blessed. Yeah. Be obedient. Yeah. But for the

00:18:09.609 --> 00:18:12.569
fact I was I was in the moment helping her and

00:18:12.569 --> 00:18:14.670
she had already seen me storm out, you know,

00:18:14.670 --> 00:18:17.250
whatever, not on my best behavior because of

00:18:17.250 --> 00:18:20.289
that. She, you know, looked out for me and I

00:18:20.289 --> 00:18:23.809
got into law school. So I'm running to her office.

00:18:23.930 --> 00:18:25.990
I'm thanking her all this stuff. Like, you know,

00:18:25.990 --> 00:18:28.089
thank you so much for giving me this, giving

00:18:28.089 --> 00:18:30.529
me that. And she was like, hold on. I didn't

00:18:30.529 --> 00:18:33.250
give you nothing. Now you got to earn it. Right.

00:18:33.670 --> 00:18:38.049
And you go do something with it. So I went in.

00:18:38.109 --> 00:18:40.789
I said, OK, game on. It's time to compete. Went

00:18:40.789 --> 00:18:43.910
to law school, competed, wasn't the best student,

00:18:44.049 --> 00:18:46.150
posted child for academic support. But the one

00:18:46.150 --> 00:18:48.950
thing that my law school professors will always

00:18:48.950 --> 00:18:52.589
say is he was not going to be deterred. Right.

00:18:52.650 --> 00:18:55.710
Right. I may not know, but I will set a meeting

00:18:55.710 --> 00:18:59.480
up with every professor every week. And go over

00:18:59.480 --> 00:19:02.299
my notes, go over my outlines, go over my flashcards,

00:19:02.460 --> 00:19:04.579
go over whatever. Then I go to academic support,

00:19:04.900 --> 00:19:08.079
go through all of their helpful aids in order

00:19:08.079 --> 00:19:11.400
to try to figure it out. And I crept by, right?

00:19:11.500 --> 00:19:15.480
I crept by. I kept going. So what I didn't realize

00:19:15.480 --> 00:19:17.940
until now is that, one, it built a work ethic

00:19:17.940 --> 00:19:19.700
that I guess a lot of people don't really see.

00:19:20.079 --> 00:19:23.259
And number two, it built a sense of camaraderie

00:19:23.259 --> 00:19:26.119
with the professors to know, hey, we want this

00:19:26.119 --> 00:19:28.759
guy to do well because he is. working hard like

00:19:28.759 --> 00:19:31.319
he wants to do it and that propelled me to the

00:19:31.319 --> 00:19:32.940
point where i finished my first year finished

00:19:32.940 --> 00:19:35.440
my second year and then in the third year because

00:19:35.440 --> 00:19:38.140
i practically lived at the law school um the

00:19:38.140 --> 00:19:40.519
the student body made me the student bar association

00:19:40.519 --> 00:19:44.880
president for the university school of law We

00:19:44.880 --> 00:19:46.940
did a whole bunch of like national activism.

00:19:46.980 --> 00:19:49.720
If you remember the Gina Six, we took classes

00:19:49.720 --> 00:19:52.079
of students, law students down to Gina, Louisiana

00:19:52.079 --> 00:19:55.619
to be part of that event and help free Michael

00:19:55.619 --> 00:19:57.859
Bell. And people still talk about that stuff

00:19:57.859 --> 00:20:00.039
to this day. And we did a whole bunch of, you

00:20:00.039 --> 00:20:03.920
know, civil rights focused impact work. So that's

00:20:03.920 --> 00:20:06.440
kind of. the credit and testament to the power

00:20:06.440 --> 00:20:08.819
of the law school and one of the things that

00:20:08.819 --> 00:20:11.599
i hope my legacy was for that law school was

00:20:11.599 --> 00:20:14.000
helping to reconnect because i think somewhere

00:20:14.000 --> 00:20:17.180
along the way we lost our way and started focusing

00:20:17.180 --> 00:20:20.180
on like trying to use laws of pivot to get to

00:20:20.180 --> 00:20:23.789
money as opposed to using law as a pivot to help

00:20:23.789 --> 00:20:26.789
advocate for people in our community. And me,

00:20:26.890 --> 00:20:28.349
I'm never going to be the person that's going

00:20:28.349 --> 00:20:30.569
to go get money at the corporate level. They're

00:20:30.569 --> 00:20:35.950
not going to want me, right? But because of that,

00:20:36.069 --> 00:20:37.950
I'm always going to be a man of the people. And

00:20:37.950 --> 00:20:39.710
I was like, if I'm going to be in a leadership

00:20:39.710 --> 00:20:42.569
position, we're going to reallocate and rededicate

00:20:42.569 --> 00:20:45.819
our focus to helping out the people. And that's

00:20:45.819 --> 00:20:49.160
pretty much explained my career ever since. Passed

00:20:49.160 --> 00:20:52.740
the bar in 2008 when there was no jobs, hung

00:20:52.740 --> 00:20:56.319
the shingle, did criminal defense, personal injury,

00:20:56.519 --> 00:20:58.819
small business formation, whatever the community

00:20:58.819 --> 00:21:04.099
needed. Music law. And it ultimately ended up

00:21:04.099 --> 00:21:06.859
going to the nonprofit sector and worked for

00:21:06.859 --> 00:21:09.940
Legal Aid for about four years doing domestic

00:21:09.940 --> 00:21:12.579
violence victims advocacy work, expungement relief.

00:21:13.500 --> 00:21:15.119
foreclosure defense, basically whatever they

00:21:15.119 --> 00:21:18.119
would throw on the table, I would do and really

00:21:18.119 --> 00:21:20.740
found my niche in the area of housing law. And

00:21:20.740 --> 00:21:24.279
I've been in housing law ever since. So now while

00:21:24.279 --> 00:21:25.900
I was doing that, I was also teaching along the

00:21:25.900 --> 00:21:28.720
way at Central, then at Wake Forest, and now

00:21:28.720 --> 00:21:31.680
at Duke. So it's been a very interesting career,

00:21:31.720 --> 00:21:36.019
not one that I had. set my intentions or my pathway

00:21:36.019 --> 00:21:38.680
on doing. But, you know, God be blessing you.

00:21:38.680 --> 00:21:40.960
Just doors open up, opportunities open up, and

00:21:40.960 --> 00:21:43.519
I'm not afraid to walk through them. I'm never

00:21:43.519 --> 00:21:46.819
anything less than confident to walk through

00:21:46.819 --> 00:21:49.180
them because I feel like what's for you is for

00:21:49.180 --> 00:21:52.460
you. Amen. If you're enjoying the show as much

00:21:52.460 --> 00:21:55.460
as we love creating it, consider showing your

00:21:55.460 --> 00:22:00.480
support by buying us a cup of coffee. Visit buymeacoffee

00:22:00.480 --> 00:22:06.920
.com. slash Nyesha Frey O. That's buymeacoffee

00:22:06.920 --> 00:22:13.859
.com forward slash Nyesha Frey O. All one word.

00:22:13.960 --> 00:22:18.640
Each cup is just $5 and every single one helps

00:22:18.640 --> 00:22:21.759
us continue to produce, develop, and sustain

00:22:21.759 --> 00:22:24.940
the high quality content you've come to expect

00:22:24.940 --> 00:22:28.299
from questions you didn't ask. Thank you. for

00:22:28.299 --> 00:22:30.880
your continued support and let's keep the conversation

00:22:30.880 --> 00:22:34.599
going. Amen. I'm telling you, this is about being

00:22:34.599 --> 00:22:37.880
obedient. This is also about the power of why

00:22:37.880 --> 00:22:41.819
we go so hard for our HBCUs and why we love them

00:22:41.819 --> 00:22:46.000
so much, man. I mean, if this isn't a Testament

00:22:46.000 --> 00:22:49.160
and I know. people, so many people, including

00:22:49.160 --> 00:22:52.220
myself, that have stories just like that about

00:22:52.220 --> 00:22:56.380
how an HBCU stepped in in some type of way and

00:22:56.380 --> 00:23:00.619
literally changed the course of their life. Just

00:23:00.619 --> 00:23:02.779
by giving them a chance, not because they were

00:23:02.779 --> 00:23:04.599
perfect, not because they had all their ducks

00:23:04.599 --> 00:23:07.640
in a row, but because they gave them a chance.

00:23:07.819 --> 00:23:09.960
And we and those who thrive in that environment

00:23:09.960 --> 00:23:12.900
are those who recognize that this is a once in

00:23:12.900 --> 00:23:15.900
a lifetime opportunity. Take all advantage of

00:23:15.900 --> 00:23:18.720
all of the nurturing and the opportunities that

00:23:18.720 --> 00:23:21.779
are there and maximize it. Right. And and fly.

00:23:22.099 --> 00:23:26.000
Right. And so I am so proud to have you on my

00:23:26.000 --> 00:23:29.740
podcast today. I'm always proud to see all. the

00:23:29.740 --> 00:23:32.299
amazing work that you're doing. And I'm always

00:23:32.299 --> 00:23:34.940
trying my best to let you know, because I feel

00:23:34.940 --> 00:23:37.200
like it's important for us to let our brothers

00:23:37.200 --> 00:23:39.960
and sisters know you're doing a great job and

00:23:39.960 --> 00:23:43.920
I appreciate it. Oh, thank you. So even though

00:23:43.920 --> 00:23:46.039
I've shared your impressive bio and you've given

00:23:46.039 --> 00:23:48.619
your own story, your own words with our audience,

00:23:48.880 --> 00:23:51.819
are there any major wins in your career that

00:23:51.819 --> 00:23:53.819
you have accomplished or you're working towards

00:23:53.819 --> 00:23:55.960
right now that you'd like to share with our audience?

00:23:56.960 --> 00:23:59.640
I mean, so I'm of the belief that there's no

00:23:59.640 --> 00:24:02.960
such thing as a small case. So major wins for

00:24:02.960 --> 00:24:05.079
me in anything where my client leaves happier

00:24:05.079 --> 00:24:07.920
and in a better position than when they came

00:24:07.920 --> 00:24:10.859
to me. And because most of my work has been focused

00:24:10.859 --> 00:24:14.900
on the people, those wins are not always easy

00:24:14.900 --> 00:24:17.769
to come by, right? One of the big things that

00:24:17.769 --> 00:24:21.769
people kind of know me for now is in the world

00:24:21.769 --> 00:24:26.289
of housing. I really do a lot to prosecute landlords

00:24:26.289 --> 00:24:29.390
for substandard housing conditions. A lot of

00:24:29.390 --> 00:24:31.170
people are complaining about things like bed

00:24:31.170 --> 00:24:34.309
bug infestation, roach infestation, rat infestation.

00:24:34.349 --> 00:24:36.849
And landlords will take advantage and not necessarily

00:24:36.849 --> 00:24:40.289
fix it, but still be wanting to charge you top

00:24:40.289 --> 00:24:43.299
dollar for rent. And so, you know, what I've

00:24:43.299 --> 00:24:45.779
been able to do is get landlords to do wide scale

00:24:45.779 --> 00:24:48.920
repair work in the hopes of avoiding getting

00:24:48.920 --> 00:24:52.579
a money judgment that's going to bankrupt them.

00:24:52.640 --> 00:24:55.180
You know, been able to encourage that. We've

00:24:55.180 --> 00:24:57.079
also been able to encourage the community just

00:24:57.079 --> 00:25:00.000
to empower tenants in the community to learn

00:25:00.000 --> 00:25:02.839
more about things like the shift from being a

00:25:02.839 --> 00:25:06.240
tenant to being a homeowner, empowering tenants

00:25:06.240 --> 00:25:09.539
to understand, like, you know, just because you're

00:25:09.539 --> 00:25:11.789
a tenant and you're in a lease. That lease has

00:25:11.789 --> 00:25:14.089
a two way agreement. It's not just one time.

00:25:14.329 --> 00:25:17.829
So helping people understand those things. Before

00:25:17.829 --> 00:25:19.930
I was in the world of housing law and taking

00:25:19.930 --> 00:25:22.430
on housing authorities and all that stuff, I

00:25:22.430 --> 00:25:24.910
was doing criminal defense work. So a lot of

00:25:24.910 --> 00:25:28.769
people who on their worst day would happen or

00:25:28.769 --> 00:25:30.430
get caught up in something that they had nothing

00:25:30.430 --> 00:25:33.269
to do with. Helping to be able to advocate for

00:25:33.269 --> 00:25:37.000
them to avoid. harsh punitive issues that would

00:25:37.000 --> 00:25:39.480
happen or putting them into, you know, the carceral

00:25:39.480 --> 00:25:42.079
state, all that stuff, you know, and just empower

00:25:42.079 --> 00:25:45.259
people. I think the law itself can be very intimidating,

00:25:45.339 --> 00:25:48.460
but it's designed to be intimidating by, you

00:25:48.460 --> 00:25:51.509
know. for a reason. And the system works the

00:25:51.509 --> 00:25:53.650
way that the engineers designed it to work. So

00:25:53.650 --> 00:25:57.690
when we see disproportionality as far as who's

00:25:57.690 --> 00:26:00.410
being evicted, disproportionality as far as who's

00:26:00.410 --> 00:26:03.009
being arrested, disproportionality as far as

00:26:03.009 --> 00:26:05.410
who doesn't have access to the resources, it

00:26:05.410 --> 00:26:07.809
works the way that it was designed to work. So

00:26:07.809 --> 00:26:10.809
there needs to be more people who are on the

00:26:10.809 --> 00:26:13.890
side of the populace and particularly our community

00:26:13.890 --> 00:26:16.630
to advocate and seek the changes that we want.

00:26:17.420 --> 00:26:20.680
Exactly. I love it. I love it. That's getting

00:26:20.680 --> 00:26:24.460
us into my next question. You are leading us

00:26:24.460 --> 00:26:26.980
exactly where I want us to go in this conversation.

00:26:27.680 --> 00:26:31.220
I'm going to ask you, in your opinion, what are

00:26:31.220 --> 00:26:33.920
some of the common experiences that make people

00:26:33.920 --> 00:26:37.130
vulnerable? to fall in prey to the criminal justice

00:26:37.130 --> 00:26:39.470
system or being incarcerated. And you talked

00:26:39.470 --> 00:26:41.289
about, you know, what it was like growing up

00:26:41.289 --> 00:26:44.650
as a young man in Durham. You talked about being

00:26:44.650 --> 00:26:47.869
a criminal defense attorney. And you also talked

00:26:47.869 --> 00:26:50.029
about the architecture of the system and the

00:26:50.029 --> 00:26:53.150
engineering of the system and its intentionality.

00:26:53.309 --> 00:26:55.910
So can you share a little bit more about what

00:26:55.910 --> 00:26:58.009
are some of the things that kind of make people

00:26:58.009 --> 00:27:01.869
vulnerable to the system? All right. So it's

00:27:01.869 --> 00:27:04.619
going to be. A lot of levels to this, concentric

00:27:04.619 --> 00:27:08.240
circles, right? Level number one, crime happens

00:27:08.240 --> 00:27:11.740
in everybody's community. It's not just one community

00:27:11.740 --> 00:27:14.700
and not another. Everybody's community. But the

00:27:14.700 --> 00:27:18.140
thing about the carceral state is arrests and

00:27:18.140 --> 00:27:21.809
convictions happen where the police look. Right.

00:27:22.029 --> 00:27:25.549
So if you don't look at the areas that are by

00:27:25.549 --> 00:27:27.910
UNC and Duke, but you look at the areas that

00:27:27.910 --> 00:27:31.369
are by Central and you find crime, I mean, that's

00:27:31.369 --> 00:27:34.329
how these things work. Right. The other part

00:27:34.329 --> 00:27:36.869
of that, that's the systemic part. The other

00:27:36.869 --> 00:27:39.930
piece of this, though, is we have a rich history

00:27:39.930 --> 00:27:43.730
of divestment from black enterprise. And what

00:27:43.730 --> 00:27:47.440
I mean by that is. There's a history of redlining,

00:27:47.539 --> 00:27:51.279
predatory lending, vagrancy laws, racialized

00:27:51.279 --> 00:27:54.480
covenants, so many things that have been essentially

00:27:54.480 --> 00:27:58.079
boot prints on the Black community to stop our

00:27:58.079 --> 00:28:01.579
advancement and growth that it becomes very difficult

00:28:01.579 --> 00:28:05.220
for us to find ways to ascend to the middle class,

00:28:05.440 --> 00:28:08.700
right? So it used to be that the way that you

00:28:08.700 --> 00:28:10.799
ascend to the middle class is if you work hard

00:28:10.799 --> 00:28:13.779
in a factory. You wouldn't own the factory. But

00:28:13.779 --> 00:28:16.680
if you get that factory 15, 20 years of your

00:28:16.680 --> 00:28:19.180
life, you get a pension and they take care of

00:28:19.180 --> 00:28:21.519
you for the rest of it. Right. But then in the

00:28:21.519 --> 00:28:23.539
80s and 90s, those factors is like, oh, we can

00:28:23.539 --> 00:28:25.220
find machines and computers to do it. We don't

00:28:25.220 --> 00:28:28.079
need you no more. So everybody gets tossed out

00:28:28.079 --> 00:28:30.519
at the same time that, you know, I ain't going

00:28:30.519 --> 00:28:32.220
to say the president's name, but somebody was.

00:28:32.599 --> 00:28:34.140
agreeing with other countries to bring crack

00:28:34.140 --> 00:28:37.619
into your neighborhood, right? Well, it is a

00:28:37.619 --> 00:28:40.140
fact. I mean, we know in the 80s and 90s, you

00:28:40.140 --> 00:28:43.819
know, who was in power. So, I mean, no secret.

00:28:43.960 --> 00:28:48.339
Go ahead. So, I've always viewed that scenario

00:28:48.339 --> 00:28:51.579
because, you know, I was in Vance County when

00:28:51.579 --> 00:28:54.220
that whole thing hit. And I saw people go from,

00:28:54.319 --> 00:28:57.240
yeah, three factories in Vance County, two of

00:28:57.240 --> 00:28:59.880
them closing the same week, right? So people

00:28:59.880 --> 00:29:02.660
go from being like, you know, responsible, community

00:29:02.660 --> 00:29:08.559
oriented, factory people. I got to get mine.

00:29:08.839 --> 00:29:11.619
Right. I got to get mine. And when that scarcity

00:29:11.619 --> 00:29:14.759
mentality kicks in in the community, the only

00:29:14.759 --> 00:29:16.619
way that you don't get it is to take for somebody

00:29:16.619 --> 00:29:20.079
else who's already in the community. Right. So

00:29:20.079 --> 00:29:22.839
there's that. A lot of the things that we project

00:29:22.839 --> 00:29:27.019
as criminality are. pieces of legislation that

00:29:27.019 --> 00:29:29.519
were designed for the express purpose of ensnaring

00:29:29.519 --> 00:29:33.079
our community. And why, you may be asking, do

00:29:33.079 --> 00:29:36.160
they want to do that? Well, because the way the

00:29:36.160 --> 00:29:40.180
13th Amendment works is you are only free unless

00:29:40.180 --> 00:29:43.079
you are convicted of a felony. And then you got

00:29:43.079 --> 00:29:45.400
to do hard labor for the state, right? And the

00:29:45.400 --> 00:29:47.660
state can send you out to do anything from road

00:29:47.660 --> 00:29:50.539
cleanup to picking cotton. They can do whatever

00:29:50.539 --> 00:29:54.500
they want, right? So the first thing is to understand

00:29:54.500 --> 00:29:58.859
that They're always going to leave like tidbits

00:29:58.859 --> 00:30:02.000
of Easter eggs that they want you to grab so

00:30:02.000 --> 00:30:04.440
that they can catch you. Right. Well, you have

00:30:04.440 --> 00:30:06.960
to be three times smarter than the system, which

00:30:06.960 --> 00:30:09.640
is not fair. It's not right. But it's the reality.

00:30:09.880 --> 00:30:12.799
You have to understand everybody's always looking

00:30:12.799 --> 00:30:15.500
at you. They wait on you to mess up. They want

00:30:15.500 --> 00:30:17.759
you to add to their statistics so that you can

00:30:17.759 --> 00:30:19.619
support whatever their tough on crime agenda

00:30:19.619 --> 00:30:22.220
is going to be or whatever the case may be. And

00:30:22.220 --> 00:30:25.700
they don't believe in rehabilitation. Right.

00:30:25.700 --> 00:30:28.839
So they think once you get this negative record,

00:30:29.000 --> 00:30:31.460
that that's who you always are. Whereas people

00:30:31.460 --> 00:30:33.680
who are in the community know we got folks that

00:30:33.680 --> 00:30:35.380
preach at the church that used to be in these

00:30:35.380 --> 00:30:39.160
streets. Right. Amen. So it's we're not one thing,

00:30:39.299 --> 00:30:42.559
but it's very hard, you know, especially me,

00:30:42.660 --> 00:30:45.200
because I'll say now I'm at a point of privilege

00:30:45.200 --> 00:30:48.619
where I can say if there's something that I want,

00:30:48.700 --> 00:30:52.259
I have financial resources to get it. But not

00:30:52.259 --> 00:30:55.609
everybody is in that boat. And when everybody's

00:30:55.609 --> 00:30:58.250
not in that boat, sometimes it's very difficult

00:30:58.250 --> 00:31:00.809
to look at things like basic necessities that

00:31:00.809 --> 00:31:03.190
you can't attain and say, all right, well, we

00:31:03.190 --> 00:31:05.990
have to just rely on something bigger than us

00:31:05.990 --> 00:31:09.109
to make do. Right. Very difficult. And it might

00:31:09.109 --> 00:31:11.109
be cool on Monday and Tuesday, but by Friday,

00:31:11.130 --> 00:31:13.430
you're going to be hungry. Right. And I can't

00:31:13.430 --> 00:31:15.210
be mad at anybody trying to get what they got

00:31:15.210 --> 00:31:17.230
to get to feed their kids or feed their family.

00:31:18.089 --> 00:31:21.009
Or themselves. Or themselves. Right. So those

00:31:21.009 --> 00:31:23.940
are like the. I won't say noble, but those are

00:31:23.940 --> 00:31:26.380
like the reasons why a lot of people get in.

00:31:26.480 --> 00:31:28.960
Now, there's also this kind of new generation

00:31:28.960 --> 00:31:32.180
of people who do things for image. Right. And

00:31:32.180 --> 00:31:34.640
those are the people that scare me. So there

00:31:34.640 --> 00:31:38.000
are Facebook, TikTok, Instagram. Exactly. There

00:31:38.000 --> 00:31:40.420
are young people who want folks to believe an

00:31:40.420 --> 00:31:43.440
image of who they are. Maybe because of the people

00:31:43.440 --> 00:31:46.119
that they hold in high esteem as heroes, like

00:31:46.119 --> 00:31:49.059
folks who are, you know, rappers and gangsters

00:31:49.059 --> 00:31:52.240
and TV show personalities or whatever, who they

00:31:52.240 --> 00:31:54.759
want to be like. But I don't think they understand

00:31:54.759 --> 00:31:57.460
that all of those things are creatures of fiction,

00:31:57.579 --> 00:32:01.980
right? Hollywood. Right. So people on the TV

00:32:01.980 --> 00:32:04.519
show selling drugs don't really sell the drugs

00:32:04.519 --> 00:32:06.440
and they don't deal with the consequences that

00:32:06.440 --> 00:32:08.880
happen if you get caught up in that. And even

00:32:08.880 --> 00:32:11.240
the stories that they claim to be based on fact.

00:32:12.559 --> 00:32:15.799
there is some fact and then there's a whole lot

00:32:15.799 --> 00:32:18.799
of fiction that gets filled in around it. Absolutely.

00:32:19.220 --> 00:32:22.859
Which is another part of this, like I said, there's

00:32:22.859 --> 00:32:25.359
layers to this. Another part of that is that

00:32:25.359 --> 00:32:29.440
criminality is marketed to our community disproportionately.

00:32:30.099 --> 00:32:32.700
You don't hear them marketing that stuff to the

00:32:32.700 --> 00:32:34.440
rock and roll community or whatever the case

00:32:34.440 --> 00:32:38.099
may be. And they do it too. The reason being

00:32:38.099 --> 00:32:41.700
is because they want us to aspire to do that.

00:32:41.930 --> 00:32:44.789
Right. And on top of that, they feel like they're

00:32:44.789 --> 00:32:47.509
killing multiple birds with one stone. What folks

00:32:47.509 --> 00:32:50.710
haven't appreciated is that when your area, me

00:32:50.710 --> 00:32:52.829
being from Durham, I've seen this firsthand.

00:32:53.029 --> 00:32:56.309
When your city is deemed to be infested with

00:32:56.309 --> 00:32:59.750
crime. Right. That drives all your property value

00:32:59.750 --> 00:33:02.650
down. So people with the money come in and they

00:33:02.650 --> 00:33:05.309
buy your city from under you and then they build

00:33:05.309 --> 00:33:07.390
the city that they want to have and push everybody

00:33:07.390 --> 00:33:11.220
out with gentrification. Right. So the thing

00:33:11.220 --> 00:33:13.819
about it is, if you decide that you're going

00:33:13.819 --> 00:33:16.380
to engage in criminal activity, you are actually

00:33:16.380 --> 00:33:19.619
doing multiple detriments to your own community,

00:33:19.740 --> 00:33:21.539
not just driving the property value down, not

00:33:21.539 --> 00:33:24.059
just harming the people who are around you, not

00:33:24.059 --> 00:33:26.339
just harming yourself and your own future prospects.

00:33:26.619 --> 00:33:29.220
But you are actually doing all these things.

00:33:29.259 --> 00:33:31.019
And somebody is going to write a story about

00:33:31.019 --> 00:33:36.220
you and make it a rap song. So so it's it's a

00:33:36.220 --> 00:33:39.140
lot of exploitation, which is kind of. in the

00:33:39.140 --> 00:33:42.680
vein of American society since before our establishment.

00:33:42.920 --> 00:33:46.220
Like we know who gets exploited to make the goods

00:33:46.220 --> 00:33:48.900
and services and build the buildings and get

00:33:48.900 --> 00:33:51.740
the food and all that stuff in order to support

00:33:51.740 --> 00:33:55.299
and sustain the economy. So half of my message

00:33:55.299 --> 00:33:57.420
to young people is don't feed yourself to the

00:33:57.420 --> 00:34:00.940
wolf being stupid, right? These days we got so

00:34:00.940 --> 00:34:04.019
many people and, you know, I started off by saying

00:34:04.019 --> 00:34:06.799
that I didn't see a lot of attorneys. in Durham

00:34:06.799 --> 00:34:09.159
when I was young. That's not to say they weren't

00:34:09.159 --> 00:34:11.119
there. They just didn't come to our neighborhood.

00:34:11.380 --> 00:34:13.639
So what do I do? I go to the neighborhood, right?

00:34:13.860 --> 00:34:16.539
I need you to see me, right? Know that this is

00:34:16.539 --> 00:34:18.719
possible. Let me tell you about these programs

00:34:18.719 --> 00:34:21.940
and plans and things you can do now that will

00:34:21.940 --> 00:34:25.079
prepare you. Also, people got way more resources

00:34:25.079 --> 00:34:30.820
nowadays than we had. I remember when Tandy Computers

00:34:30.820 --> 00:34:33.940
came out. And folks were like, wow, what's a

00:34:33.940 --> 00:34:36.980
computer, right? Right. Now people got computers

00:34:36.980 --> 00:34:40.159
in their pockets. Right. They got these, right.

00:34:40.280 --> 00:34:42.920
So the fact that somebody can see you with a

00:34:42.920 --> 00:34:44.639
straight face and tell me they don't know something

00:34:44.639 --> 00:34:47.159
and you got a smartphone, I'm like, who made

00:34:47.159 --> 00:34:50.820
you? Right. Thank you for joining us on Questions

00:34:50.820 --> 00:34:54.420
You Didn't Ask with me, Naisha Frey, and my guest,

00:34:54.619 --> 00:34:57.699
Jesse McCoy. Tune in next week as we continue

00:34:57.699 --> 00:35:02.150
our series, Justice or Just Us. How Law, Health,

00:35:02.289 --> 00:35:04.349
and Equity Collide in America.
