'Baby mama' remark gets defendent new sentence
Madison—A convicted cocaine dealer will be re-sentenced after a judge called his girlfriend a “baby mama” and asked whether she belonged to a club of women who date unemployed men.
In the first case of its kind in Wisconsin, the 1st District Court of Appeals ruled 2-1 Wednesday that former Milwaukee County Circuit Judge Joseph R. Wall’s comments suggested he improperly considered race when he sentenced Landray M. Harris.
Wall, now an assistant U.S. attorney in Milwaukee, said he felt the appeals court took the comments out of context and they were only a small part of what was said during the hearing. He noted the appeals court found he considered all the proper sentencing factors and denied he took race into account.
“Their written decision contradicts their conclusion,” Wall said in a telephone interview.
Wall gave Harris two years in prison and three years of extended supervision in August 2007. During the sentencing hearing, the judge asked Harris, who is black, whether he had gotten a job. When Harris said no, Wall replied “You’re kidding.”
Harris explained he stayed at home with his 2-year-old daughter while the girl’s mother worked and went to college.
“Where do you guys find these women, really, seriously,” Wall responded. “I’d say about every fourth man who comes in here unemployed, no education, is with a woman who is working full-time, going to school. Where do you find these women? Is there a club?”
Later, Wall added: “Mr. Harris sits at home, gets high while his baby mama works and goes to school. I swear there’s a club where these women get together and congregate.”
Harris, now 22, asked for a new sentence. He argued Wall made sarcastic, stereotypical remarks that were racially offensive coming from a white judge.
Milwaukee County Circuit Judge Kevin E. Martens denied that request, saying the remarks were about Harris’ character, not his race.
In reversing that decision, Appeals Judge Joan F. Kessler wrote Wall considered all the relevant factors when sentencing Harris and the case record doesn’t indicate he harbored any racial bias. But she said the “baby mama,” “you guys” and “these women” remarks were troubling because it’s a short step to “you people,” which is commonly interpreted as an insult.
“These terms could reasonably be understood by an African-American or other observer, or a defendant in Harris’ position, to be expressions of racial bias, even though we assume they were not intended to be racially offensive,” she wrote. “We conclude that both justice and the appearance of justice require resentencing.”
In her dissent, Appeals Judge Kitty Brennan said she didn’t think Wall’s comments could be viewed as racial.
“Baby mama” is a trendy reference to a single mother and might have been “an awkward attempt ... to sound hip,” she said. Brennan also said it didn’t refer to a particular race and was the title of a Tina Fey movie.
The “you guys” remark didn’t refer to Harris or race, describing instead the one in four defendants who live with the mothers of their children, do nothing but sell drugs and come before Wall, Brennan said.
Harris’ trial attorney, Christopher R. Smith, referred questions to Harris’ appellate lawyer, Michael K. Gould. Gould didn’t immediately return messages left at his office and home late Thursday afternoon. Dean Puschnig, a spokesman for the U.S. attorney’s office in Milwaukee, said his office hadn’t seen the decision and had no immediate comment.
Bill Cosh, a spokesman for the state Justice Department, which typically represents the state in criminal appeals, said the agency was reviewing the decision and would decide whether to petition to the state Supreme Court.

Jan 26, 2009 at 4:47 p.m.
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I bet it is hard for a judge to not develop certain stereotypes. People naturally catetgorize things, it's our nature to try to put things, people, actions, attitudes,etc. into neat little boxes. After a while we all prejudge by hearing or seeing a minimal amount of information and catestereogypize people. But, whether the judge was racist or not, I don't think what he said was wrong. Maybe if all the judges were robots, this wouldn't be a problem.
Jan 24, 2009 at 9:35 p.m.
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Hannah, I'd give you a fist bump if I could figure out how to get my hand through the cable.
As Larry would say..."I don't care who ya are, that's funny right there."
Jan 23, 2009 at 7:22 p.m.
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momof5...
YES!
LOL
I have heard WORSE things.
Jan 23, 2009 at 3:56 p.m.
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A judge shouldn't have said this but without more evidence the sentence shouldn't be changed.
I can't say certain things without getting in trouble a judge should be smarter and better than this.
This whole thing = YUCK!
Jan 23, 2009 at 1:44 p.m.
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hannah: I can't believe you said that. Of course many of us were thinking it! LMAO!
Jan 22, 2009 at 7:05 p.m.
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My son is white and calls his sons mom baby mama it is a term used by all races and to get a new trial on this bases is WRONG anything to avoid punishment...... IMO
Jan 22, 2009 at 6:36 p.m.
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let me rephrase that... it's about character on ANY and ALL levels of professionalism... this case only shows it in a judicial manner...
Jan 22, 2009 at 6:01 p.m.
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nurse4u: I know she's not the one on trial, but that's not the point... the point is that the use is using the term losely in a professional setting pertaining to who the defandant's child's mother is... "Judge Joan F. Kessler wrote Wall considered all the relevant factors when sentencing Harris and the case record doesn’t indicate he harbored any racial bias." basing it off of that, there is absolutely no reason why Harris should've even been considered for resentancing...
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yes, it's commonly used among today's youth (and immature adults) as a cliche... that doesn't mean it's excusable for any man or woman (white, black, hispanic or asian) to use such a crude phrase in a court of law... that's all I'm saying... it's not about race, but character on a judicial level of professionalism, whether you're the judge, plaintiff, or defendant... jmo
Jan 22, 2009 at 4:38 p.m.
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In this enlightened age, it’s time to apply the equal opportunity standard to some of the old songs. Harry Belafonte sang, “If you wanna be happy for the rest of your life, Never make a pretty woman your wife. … Get an ugly girl to marry you.” If nurse4u would have married an ugly (or at least homely) guy, she wouldn’t be having these problems in the bars. Hey, it worked for my wife!
Jan 22, 2009 at 3:24 p.m.
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Interesting article. I can see both sides of the issue but I concur that it was not a racially motivated comment. This term is part of the English language lexicon that does not point to one particular protected class, with with exception of women. But in this case, it is not relevant since Judge Wall was directing his comments to the defendant. Wall does dance close to the edge with the 'you guys' comment but I don't think it ever crosses the line.
Jan 22, 2009 at 3:08 p.m.
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it doesn't change the facts of the case any, so get over it. some people just don't want to hear the truth. Maybe because it's embarrassing?
Jan 22, 2009 at 2:27 p.m.
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Ihavealife- simple, depends on your color whether it is ok or not...
Jan 22, 2009 at 1:47 p.m.
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ihavealife: It's called a double standard via years of oppression which is supposed to justify reverse discrimination.
I still stand by my motto: Build a bridge and get the heck over it!
I just re-read the article. Would Harris have been racially offended if Wall were Mexican or African-American? Of course not! Sounds to me he's sick of being locked up and is looking for a way to get out asap--instead of the obvious answer of behaving--because in that case he'd of been out back in August.
If I were this Judge, I'd respond to Harris' claim that he has only saying that to him because he was black in turn by saying "You're only saying that because I'm white."
I say let Judge Joe Brown or Judge Mathis sentence this crack dealing thug.
Jan 22, 2009 at 1:47 p.m.
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This judge didn't say anything wrong. It's slang, and he stated the truth!
Jan 22, 2009 at 1:22 p.m.
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This is bogus.
Is that offensive?
Jan 22, 2009 at 1:20 p.m.
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I wonder if the baby mama was black or white??
I think this is more of a slam on HER than on him, to be honest.
wishfullthinking: I voted for McCain. Does that make me a N-bomb dropping racist? That statement is MORE racist than what this Judge did.
Jan 22, 2009 at 1:15 p.m.
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Just more baby mama drama.
Jan 22, 2009 at 12:49 p.m.
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I like it when people say it like it is - this guy is a loser - he called him out on it - there was nothing racial about it. If he doesn't want to be judged then maybe he should stay out of the court system.
Jan 22, 2009 at 12:45 p.m.
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mylildog - what???
Jan 22, 2009 at 12:28 p.m.
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mylildog--errr,uhhh, what?
Jan 22, 2009 at 12:22 p.m.
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OH COME ON!!! If he had a TV show he would NOT be under the microscope. I have heard judge Joe Brown and millian young use the term "Baby Mamma". I guess because they are on TV it doesn't matter.
Jan 22, 2009 at 11:55 a.m.
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see some of you`s ,have baby mamma`s
and some have a childs mother .
and...
some of you`s inbreed for purity,
and have children with your mother
which makes you the baby`s brother ,and you the babys father at the same time.
so since we have established a pattern of profiling and racism
its obvious to determine that someone from african decent has a baby mammy
its pretty clear that bad behavior is taught at the source no one is preprogramed to be ignorant, i think it would be silly to say that all white people practice incest, but it does exist and it is not safe to assume thus
so i hope that this crude explanation helps to shed light that all black people dont respond to the phrase ( baby momma)
and all white people dont respond to (cotton eyed joe)
some do but not all . but no one
should ...
it gets you nowhere (racism)
americans should stop being racist to each other , if you educate your children there will be no more racism...
Jan 22, 2009 at 11:49 a.m.
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donkeykong--EXACTLY
Jan 22, 2009 at 11:12 a.m.
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nurse4u Nothing wrong with being direct .
Jan 22, 2009 at 10:53 a.m.
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Does anyone ever watch Carlos Mencia? Did anyone see ths skit about the race card and Obama being President?
Jan 22, 2009 at 10:51 a.m.
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klick-lmao sorry! Point taken.
Jan 22, 2009 at 10:42 a.m.
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ooops-sorry for mis-spelling--Ebonics- no spelling ticket please..
Jan 22, 2009 at 10:40 a.m.
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Of course theres room for Ebonomics in the court room! This Judge was not being racist or rude. He was categorizing what he has seen and what was sitting in front of him.."Generalizing"..And he was right on. We put up with enough crap from Criminal losers sucking up all our courts time. "Baby mamma"..? How is that so offensive? He was referring to the mother of the child, he didn`t say "baby machine" or something.
Jan 22, 2009 at 10:32 a.m.
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nurse4u Direct and to the point ,if anyone doesn't know how you feel they do now.
Jan 22, 2009 at 9:29 a.m.
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I am not talking about a woman coming up to say hi either. I am describing incidents such as a woman coming up to you and the man you are with and doing something like, caressing their arm, asking them to buy a drink, or dance with them.
Jan 22, 2009 at 9:27 a.m.
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Northmans 2nd paragraph nailed it.
No room for Ebonics in the courtroom period.
"That said, the judge here was completely out of line. He can think whatever he wants, and he can trade scumbag stories with his judge buddies when they’re out for a beer. But when he’s on the bench, he has to act professional and treat everyone with dignity, no matter how much they may not deserve it. And because of his bad decision, Wisconsin has to spend more taxpayer money to put Harris back where he belongs."
Jan 22, 2009 at 9:23 a.m.
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I would like to take a poll and ask women at the local bars why they think it is okay to pursue men that are standing/dancing with another woman?
Is there such a shortage of good looking, hard working men that others need to pursue men that are with someone else?
How many other woman have experienced this? Is it an ongoing issue everywhere?
Jan 22, 2009 at 9:16 a.m.
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But wouldn't the mother of his children be his "baby's momma?" -- interesting......what's really funny is that I'm sure he refers her as his "baby's momma" when he talks about her!!
Jan 22, 2009 at 9:10 a.m.
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Well, how does a cliche` become a cliche`?
Jan 22, 2009 at 9:02 a.m.
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armyof3- I would find it personally offensive and have had the experience of my husband being asked "Who is this, your Baby Mama?" I hate the term. It is degrading. It belittles a woman to her significant other,their child(ren) and their committment as a family. It can also be construed as an excuse to have multiple partners (I watch Maury-"That's just my baby mama"). I would personally never use that term on myself or when describing anyone else.
When I would go out to local bars with my husband, mostly younger girls, would think it was okay to hit on my husband because they viewed me as "Just the Baby Mama." Yes, I did take offense, and now we do not go out to bars. We would rather spend our time doing family functions or having a romantic night with one another instead of fending off women who act like they are in heat.
However, I think it was degrading to the girlfriend, and the defendent in this case is trying to play on that. However, the girlfriend is not on trial here.
Jan 22, 2009 at 8:37 a.m.
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The judge used bad judgement in his omments at sentencing. This is true. But should this DEATH DEALER get a lighter sentence because of it? During sentencing the judge speaks for society.For all the people who this so called father lives he helped ruin. The sentence he recieved was to light to begin with. Statistics show that drug daelers, sex ofenders, have a higher rate of return to prison,than violent offenders. So if anything resentece him to more time.
Jan 22, 2009 at 8:13 a.m.
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The main point of contention in this article is found here: "Harris, now 22, asked for a new sentence. He argued Wall made sarcastic, stereotypical remarks that were racially offensive coming from a white judge."
Before you ask yourself if the judge's comments were in any way racist, ask yourself this. If the defendant had been white, and the judge black, would those comments be racist? Of course not! Now that Obama is in, when do we get to start living in a colorblind society? When can we delete "the race card" from our national lexicon?
Jan 22, 2009 at 2:29 a.m.
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The message here: Don't ever speak the truth! This is why we're further from solving real problems than we ever have been -- truthful assessment or hard questions might just offend someone, and we sure don't want to do that; unique, beautiful snowflakes full of promise that we all are. Oh yeah, and don't ever try to rise above the stereotypes either -- languish in them and use them as excuses for inaction and illegal, disfunctional, antisocial activities for the rest of your life! I simply suggest that you raise your own brood, and then let them be responsible for your welfare when you get to old and funky to leach off others.
Jan 21, 2009 at 11:09 p.m.
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What would Judge Judy say?
Jan 21, 2009 at 10:36 p.m.
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nurse4u: sad thing is because of the term being so usely used in today's generation and 'slang', a child's mother (ex g/f, ex wife, g/f, wife, or otherwise) views that term as valid anymore... because it's commonly used in today's generation does not excuse it being used in a professional setting... would you use that term to any individual who's child's mother was waiting for her b/f or husband to receive care or is currently under care in the hospital?? or even, use that term with any of your co-workers in conjunction to any woman that had a child who is in the same position, or better yet, has just had a child?? in your field of work, is that justifiable because of it being commonly used in today's slang??
Jan 21, 2009 at 10:11 p.m.
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There has to be some sort of "forgive and forget" in a vocal outburst. Professional or not, we are all human..Good grief, next he (the criminal) will try to sue the Judge. I say good for the Judge he called it right on.
Jan 21, 2009 at 10:02 p.m.
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Well, I guess I would say it was offensive to her ( the girlfriend).
I am sure his sentence will still be the same, there are sentencing guidelines. Whatever the Judge's opinion, he should have kept his thoughts to himself. Just because the convicted man has a chance at a new sentence hearing-does not make him less guilty.
Jan 21, 2009 at 9:49 p.m.
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2ndwind: you're more than welcome... just sad to see that other individuals choose to argue over such a futal point when all that it boils down to is professionalism in front of ANY judicial system...
Jan 21, 2009 at 9:38 p.m.
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armyof3: Thank you.
Jan 21, 2009 at 9:32 p.m.
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racist or not, I still find it inappropriate for any person to refer to a child's mother/ex girlfriend w/ your child as "baby's momma"... I don't care what color or creed you are... in a court of law, that shouldn't even be expressed... it should be on a professional level... if a person going in front of any judge doesn't like it, then learn how to become professional... don't assume that any individual in a judge's or DA's position should cater to the modern slang that has corrupted the youth (and unfortunately has carried over to some immature adults) in today's standard...
Jan 21, 2009 at 9:26 p.m.
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I'm tired of all the PC crap. It is what it is. The dude comitted a crime, was found guilty and was sentenced. Does anybody really want this person (or any drug dealer) hanging in their neighborhood?
Jan 21, 2009 at 9:11 p.m.
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He was not granted a new trial. The conviction stands. He was granted a resentencing. This will not wend its way through the system -- it will probably involve a hearing and a few days of consideration by the judge on how to appropriately sentence him within the guidelines and the bounds of professional behavior.
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The observation may not have been ... inaccurate ... but it certainly raised questions of prejudicial treatment that the judge should have anticipated. His conduct within his relationship was not a matter before the court.
Jan 21, 2009 at 9:05 p.m.
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joker:
What do you mean? Specifically.
Jan 21, 2009 at 8:51 p.m.
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I cannot beleive how racist people are in this city and on this board. You should be ashamed of yourselves! The judge was wrong and racist to say what he did. The guy deserves a new trial.
Jan 21, 2009 at 8:41 p.m.
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By the time this gets through the court system his 2 year sentence will be almost up (check wcca ccap and you can see his sentencing) so his 3 years of probation will more than likely be reduced which is so wrong on so many levels! He could already be out if he would have just complied with his sentencing stipulations, I trully hope he gets A longer time in jail before he gets time dropped from his supervision when he is released, yet we all know how this will play out he will be released only after more tax dollars are wasted on more hearings and only to be caught again and then we as tax payers will get to pay for more court hearings proceedings and then we can house and feed this criminal again! What A sad sad case this trully is the drug dealer wins and the taxpayers lose AGAIN! Great system we have in this country isn't it!
Jan 21, 2009 at 8:33 p.m.
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Another sad moment for our Courts. I didn't see a racial element to the Judge's comments, but I am sure many are quick to judge this in the prism of black vs. white. And as far as the issue of whether it's okay for the man to take care of the house and/or kids while the woman holds down a job, I thought this issue was resolved in the 1970s! Aren't women up to the task? If it makes sense for the family situation, who's to judge?
Jan 21, 2009 at 8:14 p.m.
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Ridiculous. You know, I didn't even think for 1 second that it was a black guy they were referring to in the article until they brought in the race issue. I don't love the use of 'baby mama' but really it's just a slang word for 'your baby's mother'....I don't think it's racial in any sense.
And I'm gonna say he meant 'you guys' to be worthless drug dealers that don't bother to work.
and that 'these women' are the women stupid enough to stay with them let alone work and go to school.
I think that it had absolutely nothing to do with race and I do not think he needs a new sentencing. Waste of money. And nurse4u, while I have no issue with men staying home while women work I also think the main issue here was that he was a drug dealer. His real motives weren't to stay home and care for his children like I'm sure your husband's are.
Jan 21, 2009 at 8:07 p.m.
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This judge holds a high position in society and should act more professional. I don’t think the convicts sentence should be reduced but everyone here knows “if there honest with there self’s.” What this judge was thinking. He danced around words and implied every bit of the N word, Just didn't say it. I bet he even voted for McCain.
Jan 21, 2009 at 8:05 p.m.
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First of all....he originally pled not guilty then changed it--about 6 months in--to a guilty plea. While out on bond prior to sentencing, he was not compliant with his bond conditions. His sentencing shows him to eligible for early release, with good behavior, at the 12 month mark of his incarceration. Huh. That was in August 2008. Since this "baby daddy" is STILL in prison, speculating that he didn't behave himself there either would be a safe assumption to make.
Be very very careful of what you wish for. He wanted a new sentencing. He pled guilty, didn't obey his bond conditions and now has not stayed on the straight and narrow in the clink..... THROW THE BOOK AT HIM and keep this thug off the streets!
Jan 21, 2009 at 7:54 p.m.
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The Judge was calling it like he seen it! Gosh, can you imagine how many times- over and over that he hears and see`s this same scenario. If these losers are in court in the first place, then it`s probably for doing wrong. So I say that his "Judge Judy" moment, was totally right on.
Jan 21, 2009 at 7:48 p.m.
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His "Baby Mamas" parents must be so proud of her! He just was trying to sell everyone A WHITE CHRISTMAS and the judge said no mo snow fo you...... There now you overly defensive people have something to get worked up about. This whole story isn't about racisim its about A convicted cocaine dealer looking to get out of jail so he can go back to dealing drugs! If one of your kids bought drugs from him and died would you still want to defend him so vigously? I doubt it very much!
Jan 21, 2009 at 7:38 p.m.
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I wonder, if he "sits at home while she goes to school", are they on food stamps on medical assistance? If so, they SHOULDN'T BE.
Then I agree, the judge (get it, judge, can be judgmental) can say whatever the heck he wants.
Jan 21, 2009 at 7:35 p.m.
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some comments sound enabeling and offensive to the victims of this guy. i shake my hed!
Jan 21, 2009 at 7:24 p.m.
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Thats just great now we waste even more money for A new trial for this unemployeed drug dealer (not an alledged drug dealer A convicted drug dealer) if he wants fair then he should recieve A longer sentence and maybe this time he can even have A black judge! Then what would he come back with? This is A big steaming pant load, another case of someone abussing the system by A convict, if they had to pay for their own lawyers..... He's A convicted cocaine dealer I say lock him up for the maximum sentence and maybe next time (and I'll bet there will be one to) he will be more carefull what he wishes for because it might come true! This story just makes me SICK!!!!!!
Jan 21, 2009 at 7:11 p.m.
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HILARIOUS!!!! I love it ha ha ha ha ha
Jan 21, 2009 at 7:05 p.m.
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chelleandlou: I was wondering the same thing!
Jan 21, 2009 at 6:55 p.m.
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My opinion is the defendant didn't like his sentence so what else could he do but play the racism card. At least the judge called him out and by the sounds of it nailed it on the head. I wonder how many children this guy has that he's not paying child support on.
Jan 21, 2009 at 6:38 p.m.
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I'd like to point out that the terms "babymama" and "babydaddy" are not reserved for a specific race. I have heard plenty of white and hispanic men and women refer to their child's mother/father as one of the above. I consider it an unfortunate sign of the times. Also, I think being "Mr. Mom" is a convenient excuse for this person to not work. (or explain why he doesn't work) And while I'm on my rant, how can a mother feel comfortable leaving her child alone with a drug dealer? If he's selling it, he's probably using it. GAA!
Jan 21, 2009 at 6:25 p.m.
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nurse4u:
I don’t know why you’re projecting your situation into the story. Harris doesn’t have a job, probably never had a job, and has latched on to his daughter’s mother to get money to do drugs. I’m hoping your home life is radically different. This has nothing to do with changing family dynamics; this is about a judge who finally reached his limit in dealing with low-life career criminals and vented.
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That said, the judge here was completely out of line. He can think whatever he wants, and he can trade scumbag stories with his judge buddies when they’re out for a beer. But when he’s on the bench, he has to act professional and treat everyone with dignity, no matter how much they may not deserve it. And because of his bad decision, Wisconsin has to spend more taxpayer money to put Harris back where he belongs.
Jan 21, 2009 at 6:22 p.m.
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I don't find it offensive. He spoke the truth. Period. If you don't like what the judge has to say to you....maybe you shouldn't be in his courtroom!
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I hope his new sentence is the same as the old.
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Nurse4U...I see what you are saying. However, I would suspect he was ordered to find a job as part of his pre-trial and/or bond conditions. There is NO reason the "baby mama" should have been working and going to school.
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Sounds like the only error the judge made was to call her a "baby mama" instead of a "sugar mama."
Jan 21, 2009 at 5:13 p.m.
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I admit, I find it pretty offensive. I worked and went to school and my husband stayed home with our kids. He was also going to school though. Our plan that we came up with worked for us.
Then when I had intense nursing clinicals, he pulled 50-60 hours a week, at work. There was not any way I could work and get through clinicals. We then used the daycare at Blackhawk Technical College (Great daycare, BTW).I know the circumstances are different, but there are some similarities.
A relationship is about compromise. Not every solution is going to fit in a box and work out for each family.
I admit though, there have been times when we have been out around town together, and we will run into someone that we haven't seen in years. I have been asked if I was my husband's "baby mama." I always correct them and say, "We are Married..With children."
Family dynamics have been evolving since the early 1900's. Maybe the judge was trying to sound cool and hip to the times, but judges are supposed to seem strict and wise. No wonder he came off offensive.
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