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MOHAMMED'S FIRE, A JURY PARDON AND A PHOTOGRAPH
The Voice Behnd The Lens
Writings on Photography and Beyond.
With writer, street, documentary photographer Michael Dubiner.
The gentleman in this image is Samuel H. Mohammed. I, and some others simply refer to him as Mohammed. According to newspaper reports he led a diverse life. At one time, he was a linebacker and earned a college degree. In the mid-1990's much of his time was spent philosophising around his neighborhood and in a coin laundry. One day, Mohammed broke into a crack house that was plaguing his neighborhood. Carrying a can of lighter fluid, Mohammed emptied the contents on items strewn about and set the place on fire.
For that act, Mohammed was charged with burglary and arson. After spending some time in jail awaiting trial, an otherwise unknown citizen put up $15,000 for bail pending trial. The veteran West Palm Beach detective assigned to the case was Pat Ross. He gathered overwhelming evidence against Mohammed including a purported confession and a fingerprint. Despite the crime the Detective was reported to have liked Mohammed. An open and shut case one would think. In fact, after hearing the facts, the jury found Mohammed guilty only of trespass and criminal mischief, two relatively minor crimes. The verdict had all appearances of a "jury pardon".
In criminal cases, all juries have the right to, in effect, ignore the law. It is the power of a "jury pardon". This little known concept is an inherent part of our legal system. When a jury, for whatever reason decides that the law is unfair or unjust, in a particular case, they do not have to follow it. In effect, that jury becomes a combination of the legislature (the branch of government that makes the law) and the executive (the branch that has the power to pardon the convicted). Lawyers are forbidden to inform juries of this power. Many thought that the acquittal of O. J. Simpson was a "jury pardon".
Mohammed's Judge, Roger Colton, put him on probation and did not require that even the relatively minor convictions be recorded on Mohammed's record. The Judge, perhaps voicing the reason for the "jury pardon" said; "Do I pin a medal on you, put a star on your crown or do I label you a criminal because you did break the law?".
I had seen Mohammed, around West Palm Beach before he became news. His was a portrait I very much wanted to take. Mohammed is a mountain of a man, more formidable because he dresses in camouflage fatigues and carries a very large walking stick. He even wore camouflage to his jury trial. I, like many others, had made sure to keep my distance. Then, long after his trial, a violation of probation and an appearance on 60 Minutes, I began to see Mohammed seated at the entrance to the Palm Beach County Courthouse.
Overcoming my timidity (and yes, I admit it, my fear), I began to approach Mohammed to ask for permission to photograph him. There was not going to be any foolish attempt at surreptitious image making here. Most days, I was simply ignored. To Mohammed, I did not exist. Finally, after 20 or 30 tries with almost no response or recognition, my request was answered, and upon payment of a token fee, I obtained the result above. The image was taken on a bench in front of the Courthouse with my first digital camera, the make of which I have since forgotten.
Shortly after this photograph was taken several years ago, I saw Mohammed surrounded by a phalanx of Sheriff's officers while sitting on his Courthouse bench. I never found out what happened, but obviously Mohammed no longer felt comfortable in front of the Courthouse because I never saw him there again. Occasionally, his massive presence can still be seen in the downtown area.
The point? A serious photographer needs perseverance, an available camera and a little luck. The image you want may be unavailable countless numbers of times. The song however, is true. "But if you try sometimes, well you just might find you get what you need." Keep trying and be prepared for it. That elusive image may one day be yours.
(The author, Michael Dubiner is a professional image maker and lawyer who lives in Wellington, Florida. His articles will appear twice monthly on PixiPort. His work can be seen at PixiPort.com and at his web site, duby.com.)
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