A defense expert could be useful to demonstrate that the case agents were mistaken in their interpretations of the intercepted calls, to prepare for a Daubert hearing challenging the reliability of their testimony and at the hearing challenging the validity of the wiretaps. I wonder how many courts have refused to allow them to testify in criminal cases. If a number of them have, how can they approve Ebonics translators?

One inmate brought a habeas action challenging his lawyer's effectiveness for failing to call a Ebonics expert to challenge the Agent's interpretations. He lost. The court called the expert a "Black language" expert. Stevenson v. Yates, 2008 U.S. Dist. LEXIS 88637 (E.D. Cal. Oct. 16, 2008)

In United States v. Williams, 2000 U.S. App. LEXIS 168, 3-4 (7th Cir. Ill. Jan. 4, 2000), the defense called a Ebonics expert at sentencing, and the Court referred to the expert as "a purported expert on African-American English (Ebonics)."

McIntoush testified that the phrase "hit him" might mean "page him" or "call him," and that the phrase "gonna get his ass tonight" did not necessarily relate to criminal activity, but might instead mean "pick him up" or "hook up with him." McIntoush opined that Williams more likely would have used other phrases had he meant to convey an intent to commit robbery, such as "break [*4] him" or "stick him up."

In a civil case reported at Underwood v. La Salle Univ., 2007 U.S. Dist. LEXIS 88959, 15-16 (E.D. Pa. Dec. 3, 2007), an African American student sued LaSalle University for discrimination, saying he was disabled because of Ebonics. The Court described it, quoting this source, as:

This is African-American English, especially when considered as a distinct language or dialect with linguistic features related to or derived from those of certain West African languages, rather than as a non-standard variety of English.

The most detailed explanation is in a case called Martin Luther King Junior Elementary School Children v. Ann Arbor School Dist. Board, 473 F. Supp. 1371, 1372 ( E.D. Mich. 1979):

The issue before this court is whether the defendant School Board has violated Section 1703(f) of Title 20 of the United States Code as its actions relate to the 11 black children who are plaintiffs in this case and who are students in the Martin Luther King Junior Elementary School operated by the defendant School Board. It is alleged that the children speak a version of "black English," "black vernacular" or "black dialect" as their home and community language that impedes their equal participation in the instructional programs, and that the school has not taken appropriate action to overcome the barrier. ...This case is not an effort on the part of the plaintiffs to require that they be taught "black English" or that their instruction throughout their schooling be in "black English," or that a dual language program be provided.

The Court summarized the testimony of experts on Ebonics from what it calls "carefully researched projects":

All of the distinguished researchers and professionals testified as to the existence of a language system, which is a part of the English language but different in significant respects from the standard English used in the school setting, the commercial world, the world of the arts and science, among the professions and in government. It is and has been used at some time by 80% Of the black people of this country and has as its genesis the transactional or pidgin language of the slaves, which after a generation or two became a Creole language. Since then it has constantly been refined and brought closer to the standard English as blacks have been brought closer to the mainstream of society. It still flourishes in areas where there are concentrations of black people.

It contains aspects of Southern dialect and is used largely by black people in their casual conversation and informal talk. There are many characteristic features found in "black English" but some of the principal ones identified by the testifying experts as being significant are:

• The use of the verb "be" to indicate a reality that is recurring or continuous over time.
• The deletion [**13] of some form of the verb "to be."
• The use of the third person singular verbs without adding the "s" or "z" sound.
• The use of the "f" sound for the "th" sound at the end or in the middle of a word.
• The use of an additional word to denote plurals rather than adding an "s" to the noun.
• Non-use of "s" to indicate possessives.
• The elimination of "l" or "r" sounds in words.
• The use of words with different meanings.
• The lack of emphasis on the use of tense in verbs.
• The deletion of final consonants.
• The use of double subjects.
• The use of "it" instead of "there."

The Court continued:

The substance of the thoughtful testimony of the experts also indicated that because "black English" does not discriminate among some sounds which are distinguished in standard English, teachers experience difficulty in getting the students to use correct pronunciation. The experts further testified, however, that efforts to instruct the children in standard English by teachers who failed to appreciate that the children speak a dialect which is acceptable in the home and peer community can result in the children becoming ashamed of their language, and thus impede the learning process. In this respect, the black dialect appears to be different than the usual foreign languages because a foreign language is not looked down on by the teachers. The evidence also suggests that there are fewer reading role models among the poor black families than among families in the rest of society.

Finally, it is clear that black children who succeed, and many do, learn to be bilingual. They retain fluency in "black English" to maintain status in the community and they become fluent in standard English to succeed in the general society. They achieve in this way by learning to "code switch" from one to the other depending on the circumstances.

All of the experts testified that the language used is a specific system that has been used by blacks and continues to be used by blacks in casual conversation and informal talk. It is a language system having its genesis among black people. In many areas of the country where blacks predominate, many among them, particularly the poor and those with lesser education and their children, speak this dialect among themselves although they may be quite capable of speaking eloquently in standard English and although they do speak standard English when talking to community outsiders. "Black English" is a dialect of a segment of the black population and is used by them only a part of the time.

The court ends with this summary:

The language of "black English" has been shown to be a distinct, definable version of English, different from standard English of the school and the general world of communications. It has definite language patterns, syntax, grammar and history.

In some communities and among some people in this country, it is the customary mode of oral, informal communication.

A significant number of blacks in the United States use or have used some version of "black English" in oral communications. Many of them incorporate one or more aspects of "black English" in their more formal talk.

"Black English" is not a language used by the mainstream of society black or white. It is not an acceptable method of communication in the educational world, in the commercial community, in the community of the arts and science, or among professionals. It is largely a system that is used in casual and informal communication among the poor and lesser educated.

The instruction in standard English of children who use "black English" at home by insensitive teachers who treat the children's language system as inferior can cause a barrier to learning to read and use standard English. The language is not as discriminating in its use of sounds as is standard English and much of its grammar is simpler. There are fewer reading models in the life of a child who uses "black English."

Back to the drug agents. How do they get it wrong? In one case I remember, the agent said "“Crackalackin’ “ is code for “Have crack for sale.” Here's a XXL Magazine, April, 2005 Interview with Rapper Brian “Nomb” Jackson on growing up in Charlotte, N.C.

Realizing that hip-hop wasn’t exactly crackalackin’ in North Cackalack, Nomb relocated to California in 2001.

Another example: A case in which an agent maintained the word "lil' neakers" meant 9 ounces of cocaine. The word for 9 is nina, not neakers. Nina could mean 9 of anything, for example, "I've got my nina on deck" could mean "I have my 9mm gun with me." Or it could refer to $900.00. But nina and neakers, I was told, are two totally different words, with two totally different meanings. The agent was either guessing or he misheard the word.

I wonder what the agents are using as training manuals? Are they using intercepted communications from real cases? I would think the Courts wouldn't be happy if this is the case. Wiretaps are authorized for the purpose of gathering evidence to use in a future criminal proceeding. Once the case is over, given the privacy intrusion, I don't think the transcripts should be used for other purposes, like training linguists who get hired by the DEA.