In Texas alone, there are about 3,000 to 9,000 individuals serving sentences for crimes that they didn’t commit because of a flawed criminal investigation system. The reason could be anything from an eyewitness misidentifying a suspect or police misconduct, but for the person who is wrongfully convicted, the consequences are devastating. Thankfully, there are judges like David Fleischer who possess a brilliant ability to spot prejudice in investigation. In a viral video recently reposted by u/hacksaw6412 in Reddit’s r/USEmpire group, he defended a Black man falsely charged with a crime.
Fleischer is a judge for the criminal court number 5 of Harris County, Houston, Texas. The convict in question is a Black Man named Udarius Blake, as seen in the full video shared by @durttydaily. “Mister Blake, you are charged with possession of marijuana,” Fleischer told Blake while informing him of the consequences he would have to face. “You are facing up to 6 months in jail and/or a $2000 fine.” The judge added that Blake had full right to remain silent, as anything he said could be used against him. Additionally, he told him that if he wanted an attorney and if he could afford one, they would get one appointed for him.
Following this dialogue, an operator started reading the details of Blake’s case. He started by saying that on September 4, twenty-four officers were dispatched for a raid at 100 Hollows Tree Lane in Harris County. The officer was informed that the defendant crossed an authorized crossing point from a convenience store to the apartment complex. That’s when an officer observed a strong odor of marijuana.
At this point, the judge interrupted, “Wait, wait. He did what?” The operator repeated, “He crossed an unauthorized crossing point. So I guess he crossed the street.” Fleischer confirmed, “Jaywalking,” to which the operator replied, “Yes your honor.” Quite abruptly, the judge asked, “Walking while black?” The operator paused and then went on to read the details again. He repeated that the officers observed a strong odor of marijuana and they were informed that the defendant had begun to walk backward when asked about marijuana by another officer. “A PC search was conducted and the officer observed a large sack of marijuana,” he said.
The judge interrupted again by saying, “I don’t think so.” He concluded, “I am going to find no probable cause.” Then addressing Blake, he said, “Mister Blake, be careful man. You know, the world is against you. Don’t let them be. Do something with your life. You know what I mean? Just come on man! Alright, I might have you just take your seat back, alright? Hang tight. ”
In the comments section, people lauded Fleischer for his sound judgment. u/remote_temperature summed up the judge’s decision in a comment, “Jaywalking isn’t probable cause for a search so case dismissed.” u/jazzitazzi said, “I did not expect that judge to say “Walking while black.” I have so much respect for him! He recognized what was going on!” Judge Fleischer is also loved by the entire online community. Podcast host, Jen Hardy calls him “a man on a mission to bring real change to our justice system.”
