One of my biggest frustrations in my many years of researching and teaching about jazz is that most people hold on to their ”good stories” even after they have been proven false. So I will be pleased, but also surprised, if this post results in ending one of these falsehoods.
Sep 12, 2022·edited Sep 12, 2022Liked by Lewis Porter
Everything you're saying could be true. But with three alleged drug users in one car, it is possible that even they were unaware of who actually owned the bag of heroin. As someone who practices criminal defense I can tell you that pleading not guilty at arraignment means almost nothing in terms of substantive guilt - (I've seen judges even unilaterally change pleas from guilty to not-guilty on the premise that it's simply neglect to allow otherwise).
Further, the attorney assigned to Monk could have known full well that if Monk simply accepted the guilty charge, his license would have been suspended - but if he pleads not guilty it gives him a chance, albeit slim, to be able to negotiate a plea that may not impact his cabaret license (for instance in lieu of trial, pleading guilty to Obstruction for tossing the drugs rather than Possession). As you mentioned, this impact was not a slap on the wrist, but a 6 year suspension (a lifetime for a jazz musician! :) Any chance at avoiding or mitigating that economic impact would be worth the not guilty plea.
Personally, I think he pleaded not guilty because his attorney told him to. I think he kept his mouth shut because he loved Bud and he was a good guy who didn't throw his friends under the bus. I wouldn't say that is taking the rap per se, but the result ethically, socially and legally are all practically the same.
Lewis, nice post, open our eyes to how history can be misstated. And Thelonious did pay a price. As to the cabaret law, what I remembered, and found a link to substantiate it, the deal was places that served alcohol and food and allowed dancing. And both the establishments and their entertainers needed that license. Small point, I know. Cheers on your latest efforts. ZS
A fine and well-researched piece on Bud + Monk, Lewis. But you seem to be a victim of "unconscious racism". Why is Maely Dufty identied as a "European Jew"? No other person is described by race or religion in the article. If you were trying to make a point about prejudice you've certainly landed on the wrong note.
Everything you're saying could be true. But with three alleged drug users in one car, it is possible that even they were unaware of who actually owned the bag of heroin. As someone who practices criminal defense I can tell you that pleading not guilty at arraignment means almost nothing in terms of substantive guilt - (I've seen judges even unilaterally change pleas from guilty to not-guilty on the premise that it's simply neglect to allow otherwise).
Further, the attorney assigned to Monk could have known full well that if Monk simply accepted the guilty charge, his license would have been suspended - but if he pleads not guilty it gives him a chance, albeit slim, to be able to negotiate a plea that may not impact his cabaret license (for instance in lieu of trial, pleading guilty to Obstruction for tossing the drugs rather than Possession). As you mentioned, this impact was not a slap on the wrist, but a 6 year suspension (a lifetime for a jazz musician! :) Any chance at avoiding or mitigating that economic impact would be worth the not guilty plea.
Personally, I think he pleaded not guilty because his attorney told him to. I think he kept his mouth shut because he loved Bud and he was a good guy who didn't throw his friends under the bus. I wouldn't say that is taking the rap per se, but the result ethically, socially and legally are all practically the same.
Lewis, nice post, open our eyes to how history can be misstated. And Thelonious did pay a price. As to the cabaret law, what I remembered, and found a link to substantiate it, the deal was places that served alcohol and food and allowed dancing. And both the establishments and their entertainers needed that license. Small point, I know. Cheers on your latest efforts. ZS
https://en.wikipedia.org/wiki/New_York_City_Cabaret_Law
A fine and well-researched piece on Bud + Monk, Lewis. But you seem to be a victim of "unconscious racism". Why is Maely Dufty identied as a "European Jew"? No other person is described by race or religion in the article. If you were trying to make a point about prejudice you've certainly landed on the wrong note.