January 1, 2015 1:00 pm -

[su_right_ad]If you’re prosecuting a black man and want to seem fair and not racially-biased, reciting the lyrics from “Dixie” is not a good way to go.

The man, James D. Kirk, 46, was sentenced to 20 years in prison for his 2013 conviction on charges of lewd conduct and sexual battery of a minor child. But in a ruling made public this week, the Idaho Court of Appeals overturned Kirk’s conviction, finding that Canyon County Deputy Prosecutor Erica Kallin’s recitation of “Dixie” during closing arguments unconstitutionally tainted his trial by “injecting the risk of racial prejudice into the case.” The state attorney general’s office told The Idaho Statesman of Boise that it was still reviewing the opinion.

In the ruling, which is dated Dec. 19, the court quoted Kallin as having told jurors: “Ladies and gentlemen, when I was a kid we used to like to sing songs a lot. I always think of this one song. Some people know it. It’s the Dixie song. Right? ‘Oh, I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away.’ And isn’t that really what you’ve kind of been asked to do?”[su_csky_ad]

D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.

21 responses to Conviction Of Black Man Tossed After Prosecutor Recited ‘Dixie’ In Closing Argument

  1. Kick Frenzy January 1st, 2015 at 1:26 pm

    First of all, she’s a dumb ass.

    More importantly… JAMES KIRK!
    (Does the “D” stand for “Diberius”?) 😉

  2. rg9rts January 1st, 2015 at 1:57 pm

    OMG I didn’t know that the Brooklyn DA has a sister in Idaho

  3. whatthe46 January 1st, 2015 at 2:50 pm

    first off, if she had a strong case she didn’t need to rely on ignorance and he would deserve exactly what he gets. secondly, she’s an asswipe and we all know exactly where her fk’n heads at. as if there’s not enough racial tension going on.

  4. Budda January 1st, 2015 at 2:59 pm

    I wonder if she realizes what she did was wrong?

    • whatthe46 January 1st, 2015 at 3:28 pm

      she’s likely too stupid to realize it.

  5. Suzanne McFly January 1st, 2015 at 4:15 pm

    These types seem to feel they are becoming accepted now. I wonder if it is because they watch too much of faux entertainment or because they see white cops killing unarmed black men and not going to trial for it.

    • Candide Thirtythree January 1st, 2015 at 9:04 pm

      They see that the white supremest party is now in control of both houses of congress and the supreme court so what do they have to fear?

    • allison1050 January 2nd, 2015 at 3:12 am

      Everyone else is going to have to figure out how to get up off of their rusty dusties and effin vote otherwise it is becoming accepted all because the current president was sworen into office in 2009.

  6. jasperjava January 1st, 2015 at 5:30 pm

    What year does this prosecutor think this is? Dixie? Really???

    How awful would it be to have the conviction of a potentially dangerous criminal thrown out because the prosecutor was too stupid to shut her racist pie-hole?

    • burqa January 3rd, 2015 at 12:17 am

      What should we do about that notorious racist Bob Dylan?
      (see above)

      • jasperjava January 3rd, 2015 at 1:33 am

        Dylan was being ironic. Don’t you get the facetious rendering? He’s making fun of the racist song.

        • burqa January 3rd, 2015 at 1:41 am

          Nope, sorry.
          A beautiful song transcends such narrow mindedness and it is for all of us to enjoy for what it is – a lovely song about a beautiful land and the attachment we have for our soil, our crops, our people.
          Those are my people, my crops and my land depicted and I love them and that’s what that song means to me and what it means to everyone else I know.

          What specific line in it is racist?

          If you want to see Dylan being ironic in a song about racism, see “The Lonesome Death of Hattie Carroll.”

  7. bpollen January 1st, 2015 at 6:09 pm

    “Let’s see… “Deutschland Uber Alles” or “Dixie”… Hmmm… so hard to decide.”

  8. Guest January 1st, 2015 at 6:51 pm

    After Momma blew the verdict again by singin’ Dixie we all got together for Pig Pickin and Apple Cider…

  9. burqa January 3rd, 2015 at 12:10 am

    The whole thing is a farce.
    First off, the prosecutor did not strengthen her case at all, indeed it looks as if she had it sewn up and just needed to make the point with a couple of simple declarative sentences.
    Then the judge got ridiculous inventing this nonsense about that song “injecting the risk of racial prejudice” when it has nothing to do with racism.
    So a convicted child molester was returned to the community.

    The whole notion is built upon the faulty premise that any reference to Southern culture is a reference to racism. This just shows the narrow-mindedness and bigotry of the fool thinking that way. I see this same lazy thinking from bigots who seem to think that Southerners must be censored and kept from speaking at all about the place they love. And it’s sure as hell not for some outsider to come in and tell us what we mean by this song when we certainly know better and object to such unwarranted presumption.

    Yes, we grow a lot of cotton in the South, so what? It’s a beautiful sight to see all ripened in a field, ready for harvesting. Cotton is not racist.
    If you think it is, stop wearing it.
    There’s nothing racist about thinking wistfully of good times we’ve had or looking to the land of our birth, our home, our kin, the place we are so attached to. Yes, we love it and that’s not racist, either. I feel sorry for any of you who don’t have an attachment to something like this.
    “Dixie” will be played at my funeral and I’m no racist and it will have no racist overtones.
    Next thing you know, these bigots are going to try to make the case that “Amazing Grace” is racist.

    I’ve heard racists refer to Idaho as “the white state” and recall white supremacists finding a home there, but to point out it is the land of potatoes is not racist.

    • whatthe46 January 3rd, 2015 at 12:24 am


      • burqa January 3rd, 2015 at 1:00 am

        I’ll be happy to answer any questions about what I wrote, above. Please quote the passage and I’ll see if I can be more clear.

        • whatthe46 January 3rd, 2015 at 1:21 am

          at the risk of sounding offensive… the whole post is b.s. and quite frankly, you’ve got to be white to even think that the south has always been such a lovely place. no need to explain anything. the “huh” was retorical.

          • burqa January 3rd, 2015 at 2:26 am

            First, about being offensive, it was a little, but easily forgiven. After all, I get a little smart-alecky too, so it’s probably just a matter of time before the roles are reversed. We’re good.

            People of all races can appreciate the beauty of beauganvillea, the stunning views from our nations first scenic highway – Skyline Drive/Blue Ridge Parkway or camellias in bloom. People of all races can enjoy the great music we have given the world – jazz, blues, country, zydeco, ska, bluegrass, and rock and roll, for example.
            I disagree with your point that appreciation of beauty is a function of skin color.

            You see what you look at and you find what you seek.
            I see we in the South share ugly aspects found elsewhere, but I also see great beauty in our people and in our environment (beauty which also may be found elsewhere). I am around wonderful people doing wonderful things daily, so it is easy for me to write of them. This leads to a happier life, in my opinion, and I feel sorry for those who seek only ugliness and fill their lives with that. This explains why they don’t speak much of beautiful things or beautiful people and struggle when challenged to do so.
            I also feel sorry for those who think beauty or ugliness is bound by dotted lines on a map or by skin color.

            Anything else I wrote you need help with?

          • burqa January 3rd, 2015 at 3:15 am

            I sense a distinction needs to be made and you misunderstand me. There has always been much beauty in the South and there is much today. That is not to say everything has always been beautiful. Life is more complex than that. It’s not one or the other unless one ignores one or the other. As for me, I deal with a lot of things that are not so nice so I make sure to get a big dose of loveliness to the end it overflows. That helps me be more positive, lead a happier life and be better able to help others having difficulties.

            Unfortunately you’ve missed my previous posts about where I write from. In 1862 the Union army lined up artillery across the river on Chatham Heights and opened fire on the town, seeking to destroy it. They conducted war on civilians as well as the Confederate army and the death and destruction were immense. All the houses were looted of everything of value and for many miles around the landscape was scalped of all trees, which led to the loss of a lot of very fine topsoil. All the food was confiscated, too. Things were quite ugly. 100,000 troops died within 5 or 10 miles of here.

            Like the north, we too had slavery, though large numbers here found freedom in 1862. In the North they had to wait till 1866. That’s why the Underground Railroad went all the way to Canada.
            An excellent book is available online, written by a prominent abolitionist of the day whose home I drive past frequently. Moncure Daniel Conway wrote in this autobiography about meeting Lincoln, Emerson and Whitman, among others:


  10. burqa January 3rd, 2015 at 12:11 am

    Oh, so now Bob Dylan’s a racist, huh?