Trini in bitter loss vs NY school district

Still reeling from the verdict he painfully recalled the details of a case that riveted and divided a community.

“As a resident of the district, I spoke out against a retired superintendent’s contract extension. That was 2010 and he was still at the district after eight years; that’s against New York State waiver stipulations.

[Further], the day after I protested his budget, my union president warned me of pending consequences.” Besson had his reasons for challenging the district. He noted the troubling demographics at the school that comprised of 90 percent white teachers and administrators, one black administrator, and a student of over 80 percent black and Hispanic.

That year, though, a showdown was already brewing. Besson stated that the superintendent and the district were up in arms after he “thwarted their plans to award a white female student the valedictorian award, over the rightful black male student who would eventually receive the award.” The expected backlash was swift and sweeping. Besson’s position was reduced to .5, meaning that he was no longer entitled to health insurance.

The district attributed this to budgetary constraints.

His department was cut by US $225,000, the steepest of all departments.

According to Besson there was hardly any truth to the budgetary excuse.

“A smoking gun emerged after the trial. According to the NYS Comptroller, Malverne District was over-funded by nearly US $1million; meaning that it had the capacity to restore me and several other teachers.” Then the unthinkable happened: a bewildering development just before the trial that sent his case into a tailspin while injecting a soap-opera atmosphere to a matter that brimmed with race and politics.

“My lawyer, Steve Morelli, was arrested four days before my trial because of past legal transgressions which I was not aware of. I saw this as more than coincidence as his sins hadn’t been acted upon until now. I stuck with the firm and didn’t postpone, believing in the strength of the case. The only lawyer available was a new real estate lawyer and I wasn’t aware that civil rights was not his field.

In fact, he had never tried a case of this type but we worked over the weekend to prepare him.” Still, Besson was confident of winning the case because of the mountain of evidence in his favour, and the decisive account his former union president was expected to deliver on the witness stand.

Initially, Besson was buoyed by the favourability of the jury pool.

“Of a pool of about 60 potential jurors, about six were brown or black. To my surprise, Judge Joan Azrack randomly selected the first eight potential jurors of which three were black. I couldn’t believe my fortune.” However, two of the jurors were removed because they lived “too far,” and the other was dismissed because of a handicap that might have hindered her attendance.

Besson conceded that the judge “used the same logic to remove two white jurors,” but her move, he said, was calculated to pre-empt any suspicion of prejudice. At that juncture, Besson’s case unhinged. The opposing counsel used the right of peremptory challenge that removed a Hispanic and Indian juror.

“I couldn’t believe that it was that easy to remove people of colour from the process,” Besson said. When the long-anticipated case finally began the final jury comprised seven white women and one Asian American.

“These jurors could not identify with me or relate to my challenge.

I was disenfranchised and I couldn’t do anything about it.” And his case continued to unravel. “My former union president and key witness did not show although she was subpoenaed.

She was critical to my case. She knew that the Superintendent [was out to get me.] That was the checkmate, and she didn’t show up to testify.” Stunned by what he termed “falsehoods” spewed from the witness box, Besson contemplated charges of perjury against witnesses, a move that was discounted by his attorney. The writing was on the wall.

Besson has since tried to come to terms with a verdict he is disinclined to appeal for financial reasons.

“I attribute the decision to the deliberate absence of my key witness, a judicial system less concerned about the administration of justice and more about preserving racial hegemony, and lastly, a poorly prepared counsel.” He said that he fought a good fight, a fight for democracy in the decision-making process, and for reforms to include an independent monitor of district business, including its hiring practices.

Besson referred to his experience as “grinding” and “challenging.” Despite taking its toll personally and professionally, he is still determined to correct a wrong. “I hope someone, some group, media outlet would find the story interesting enough for an expose as there is so much more to this story.” Besson is certain that his case speaks to race and politics in US education.

“Educational challenges are a reflection of a racially disparate political structure.

Unfortunately, organisations that serve the welfare of black and Hispanic students are woefully unprepared for taking on the juggernaut that is the status quo. Old organisations are compromised or don’t possess the necessary toolbox to deal with the subtle, and evolved strategies of a discriminatory power structure that continue to hurt the education of young people of colour.” He noted that his relationship with the National Association for the Advancement of Coloured People (NAACP) was unfruitful as it was unable to provide legal of financial support.” Mindful that public schools have not offered students a comprehensive education package, many parents have eyed charter schools. Besson called for caution, citing mixed results.

“Remember that charter schools are really backed by corporations where profits are first.

Students are cherry- picked and you will never see any meaningful programmes geared to cultural development.” He also stated that charter schools are “good at manipulating numbers so that success can deceptive.” Of the much debated common core agenda, he opined that “raising the bar is good and very important, but the process cannot be independent of parents, with agendas focused more on tests and testing, and less on the authentic learning and exposure of students to the entire world.” Besson is currently working on two projects: a Caribbean novel entitled, Tulum, and a book of letters to inspire young Trinbagonians.

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