Black attorney demands apology from DA Zappala, calls Allegheny Co. courthouse 'cesspool of white privilege'

Black defense attorney Milton Raiford refused Wednesday to participate in his client’s nonjury trial until Allegheny County District Attorney Stephen A. Zappala Jr. meets with him, resigns or recuses himself from all of Raiford’s cases.

A spokesman for Zappala said the office is aware of Raiford’s comments and has ordered a transcript of the proceedings.

Raiford, who appeared before Common Pleas Judge Anthony M. Mariani clutching a Bible and the Pennsylvania Rules of Criminal Procedure, spoke for several minutes Wednesday morning about God, racism and the need for the legal system to repent. His appearance in court came a week after the Tribune-Review reported on a dispute between Raiford and the DA’s office and Zappala’s orders to attorneys not to conduct plea deals with him.

“God saved me from cronyism and racism,” Raiford said. “This system is systemically racist.

“Stephen Zappala has personally threatened me.”

On May 18, Zappala sent an email to his deputy district attorneys prohibiting them from offering any plea deals to Raiford after he called the prosecutor’s office “systematically racist” during a proceeding before Mariani five days earlier.

The Tribune-Review reported the existence of that email June 2, prompting calls for an ethics investigation into Zappala’s actions. During Wednesday’s hearing, Thomas J. Farrell, chief disciplinary counsel for the Pennsylvania Supreme Court Disciplinary Board, was in the courtroom.

Raiford said Zappala’s refusal to offer him plea deals hurts not only his individual clients but his ability to practice law and earn a living.

On Sunday, Zappala sent a new policy to his prosecutors that the office said rescinds the one against Raiford. However, Raiford said he has not heard from Zappala nor received an apology.

Instead, he told Mariani he has received death threats from strangers.

Raiford said he will not back down.

He said Zappala should be standing in court with him.

“He hasn’t repented,” Raiford said.

Mariani told Raiford he would not referee a dispute between him and Zappala.

For several minutes, Raiford’s comments bounced between God and the criminal justice system.

“There’s corruption going on down here,” Raiford said, referring to closed-door meetings between judges and lawyers.

Raiford cited his own experience from 1994 when he pleaded guilty in that very courtroom to obstruction of justice — a crime he committed as a practicing attorney. Raiford was disbarred but readmitted to practice in 2010. In the interim, he became a pastor and headmaster of Imani Christian Academy.

Before he pleaded guilty, Raiford told Mariani he was saved by God.

“God called me, claimed me and saved me,” Raiford said.

He told the judge that he, too, could be saved.

“My personal religious beliefs don’t belong here,” Mariani responded.

Raiford told Mariani the court has no empathy for poor people and those of color.

“Those of you who sit up there have to come in contact with your own brokenness and weakness and have respect for those who come before you who are broken and weak themselves,” Raiford said. “This building is a cesspool of white privilege.”

He told Mariani he holds young people of color, from neighborhoods such as Homewood, East Liberty and East Hills, to a standard that many can’t meet.

“You’re holding them to your standard of responsibility,” he said.

Throughout the argument, the judge repeatedly asked Raiford if he would uphold his oath as an attorney and represent his client, Vanessa Williams. She was scheduled for a bench trial on charges of aggravated assault by vehicle while driving under the influence.

Each time, Raiford said he would not.

“You’re asking me to stand by an oath you violate every day,” Raiford said. He said he can’t operate with any prosecutor who is “an agent of Stephen Zappala.”

“I’m trying to help get you guys cleaned up.”

The judge responded: “It’s not your job to clean us guys up. And I wouldn’t have the audacity to judge whether you needed to be cleaned up.”

Mariani reiterated his position that Raiford is a good attorney and advocate. Still, he said, he had no choice but to remove Raiford as Williams’ attorney.

The judge told Williams that Raiford can’t just shut the system down.

“Does he have the right to stop the system cold and affect your case?” Mariani asked the woman. “No lawyer should be able to do that. No judge should be able to do that.”

At one point, when Mariani asked Raiford to reconsider his position, the attorney responded: “I’m not going to play the game. I’m not going to dance for you.”

“I can’t wait until Mr. Raiford and Mr. Zappala talk to each other,” Mariani said in removing Raiford from the case. “You signed on, and that used to mean something to you — more than what it seems today.”

“I’m doing what God has commissioned me to do,” Raiford responded.

“You, sir, are reneging on your obligation and promise to Ms. Williams,” Mariani said. “You’re using this as a way to advance your other interests.”