International Network ESCR files legal brief in support of Detroit residents against water shutoffs

For immediate release

International human rights network intervenes in case challenging large-scale disconnection of water supply to tens of thousands of low-income residents in Detroit

New York. February 9, 2015. The International Network for Economic, Social and Cultural Rights (ESCR-Net), a global network of over 220 groups and 50 individual advocates from around the world working to secure economic and social justice through human rights, has requested leave from the U.S. District Court to be recognized as amicus curiae[1] in the case of Lyda et al. v. City of Detroit[2]in support of residents challenging the City of Detroit’s decision to cut off water supply to thousands of households unable to pay their bills.

As detailed in the plaintiffs’ complaint, by the end of August 2014 the City of Detroit had disconnected approximately 30,000 households of low-income persons and persons living in poverty from the municipal water supply and sewerage service, leaving them without access to drinking water and water for toilets and basic sanitation.

ESCR-Net, through its amicus brief, seeks to bolster the plaintiffs’ legal challenge by highlighting that the disconnections for inability to pay violate a range of legal obligations applicable to the U.S. under key international human rights treaties.

At the same time, ESCR-Net contends that Detroit’s City Charter, which includes a Declaration of Rights recognizing rights to water, sanitation and decent housing, must be respected. Pursuant to long-established principles of both U.S. law and international law, relevant domestic law must be interpreted consistently with treaty obligations. 

Chris Grove, Executive Director of ESCR-Net, said, “Access to justice is required for violations of human rights, and we welcome the opportunity to assist the U.S. District Court with material relevant to consideration of the issues at stake. These issues impact the health, security and human dignity of thousands of Detroit residents and implicate our vision of a just society.”

“A number of human rights are arguably violated by these disconnections, including rights to water, sanitation, adequate housing, health, life, freedom from cruel and inhuman treatment, and non-discrimination. The international human rights obligations of the U.S. also apply to the City of Detroit, and these obligations require that denial of access to water be reversed immediately,” he added.

The City of Detroit’s water disconnection policy has shocked the international community and has prompted, among other reactions, the visit of two United Nations Special Procedures human rights experts to assess the situation in October 2014.[3] Despite the onset of winter, local groups report that the City has continued water shut-offs at the homes of low-income families, the elderly, and the infirmed.

It is hoped that the application of international human rights law will help the plaintiffs achieve a just and effective remedy, including renewed access to water and an end to any further disconnections.

A copy of the amicus curiae brief is available at http://bit.ly/1ESJLdW

About ESCR-Net

ESCR-Net is the largest global network of human rights organizations, grassroots groups and advocates working to build a global movement to make human rights and social justice a reality for all. Please visit http://www.escr-net.org

This action is being led by ESCR-Net Strategic Litigation Working Group members Center for the Study of Law, Justice and Society (Dejusticia), the Global Initiative on Economic, Social and Cultural Rights (GI-ESCR), the Social Rights Advocacy Centre (SRAC), and the Social Rights Institute of South Africa (SERI).

For information regarding this amicus intervention, contact:

• Susie Talbot. Senior Legal Officer (ESCR-Net) stalbot@escr-net.org

• Bret Thiele, Co-Executive Director (GI-ESCR) bret@globalinitiative-escr.org. (Tel. +1-218-269-0214)

For information on the situation in Detroit or to speak with residents, contact:

Michigan Welfare Rights Organization http://michiganwro.blogspot.com

Marian Kramer, Maureen Taylor or Sylvia Orduño +1-313-964-0618

---

[1] An amicus curiae (or ‘friend of the Court’) is a person or organization who, although not a party to a case, is granted leave to submit material to the Court relevant to the disposition of the case and not already brought to the Court’s attention by the parties.

[2]Lyda et al. v. City of Detroit, Case No. 2:15-cv-10038-BAF-RSW, before Hon. Bernard A. Friedman in the United States District Court, Eastern District of Michigan, Southern Division.

[3]See: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15188&LangID=E. 

Rev Pinkney: "I am paying a debt to society which I do not owe"

Reposted from http://www.bhbanco.org/2015/01/i-am-paying-debt-to-society-which-i-do.html



The following statement is from Rev. Edward Pinkney, January 18, 2015:

The Berrien County Court system has undermined the respect and confidence of the community in its application of the law and the takeover of the city of Benton Harbor, Michigan.

The court system has stolen time from me.  I am paying time with my life, family life, and community.  I’m required to serve a sentence while several issues are being decided in the court — and paying a debt to society that I do not owe.

I have already raised substantial issues.  I am entitled to a directed verdict of Not Guilty based on constitutionally insufficient evidence under the Beyond a Reasonable Doubt standard.  I also assert that I am entitled to a directed verdict based on the issue that was resolved in favor of the defendant in People v. Hall (10/23/14).  

Under MCL 168.937 and based on due process, statutory construction, and the rule of lenity, a petition circulator cannot be subjected to a felony conviction and penalty when notice and warnings on the petition form, provided by the government, indicate that one may only be subject to a misdemeanor conviction and penalty.  

A misdemeanor conviction and penalty may only be imposed under a specific statue, MCL 168.544, specifically proscribed acts of falsifying election petitions.  For this reason, the convictions under MCL 168.937 must be vacated.  Due process also requires this result, as the rule of lenity is mandated by due process. 

This result is also required by the issue that the jury was not constitutionally adequate, based on the arguments raised in my motion for a new trial relating to juror Gail Freehling concealing information during the jury selection.

I am a political prisoner being held in Marquette Prison and I remain in great spirits despite the racist injustice that has landed me here.  This attack on me and on democracy in Benton Harbor shows that Whirlpool is determined to crush anyone who stands in its way.  It is part of a process underway across the US in various forms. Let’s confront the corporations that are destroying this country.

For more information about the miscarriage of justice against Rev. Edward Pinkney of BANCO, please read: http://sfbayview.com/2014/12/national-defense-campaign-building-for-rev-edward-pinkney/

Statement on Court Denial of Detroit Human Right to Water

MWRO's statement on today's decision by the federal bankruptcy court NOT to stop residential water shut-offs, restore water to residential customers without water, NOR implement a water affordability based on fixed incomes for low-income seniors, families with children and persons with disabilities:

Federal Bankruptcy Court Judge Steven Rhodes

Of course, we are not surprised that our capacity to seek relief from the Federal Courts no longer exists! The fact that low income customers were ushered into court and testified how miserable their lives were because water was cut-off without an option for them to make arrangements with the DWSD could not have impacted the Court because the Court concentrated on what the 1% needed to continue their reign of terror tied to the Emergency Manager and this bankruptcy ploy. 

This is the humanitarian crisis of our times here in America, where every step we take is being analyzed to see which fights we launch as the corporate class encroaches on our standard of living.

Denying specific populations access to clean drinking water was today deemed legal even though rich and wealthy water customers receive a different standard of treatment. Millions are owed by these corporate pirates while $150 and two months behind is the rule applied to our constituency -- a position clearly supported by the Federal Court.

Detroit Emergency Manager Kevyn Orr and Michigan Governor Rick Snyder

Poor people, their children, seniors, the disabled, veterans -- it doesn't matter -- if you can't pay for water, you can't have it. Go to the river with a bucket and get what you need still remains the sentiment by this draconian class and they have no shame in taking this position.  This sham court-case was just that...a plot to look like justice would prevail if we just had a chance to plead our case.  The answer was always going to be NO!!!

So what are we going to do...give up the fight for social justice?  We think not! 

In the movie, The Untouchables, the question was asked, "What are you prepared to do about this??" When brilliant lawyers went to court to file suit against slavery, and against lynching, at first the Court said "NO"...there is no enforceable right to not be lynched if that is the custom in that area of the country!  The Court's explained that with the laws on the books at that time, Blacks, Hispanics, Native Americans, women, children, and other oppressed folks should be able to manage their lives and avoid pain and suffering, and if not, they had every right to return to Court! Madness and Madness today! 

Our case demonstrated great attorneys, courageous plaintiffs, determined advocates versus conservative, corporate courts who prefer the company of the rich & famous and will not rock the "status quo."  We march on...

Maureen D. Taylor

State Chairperson - MI Welfare Rights Org

Photo credits: http://michigancitizen.com/mc/wp-content/uploads/2014/02/6-RHODES.jpg
http://www.commondreams.org/news/2013/07/24/stop-attack-say-detroit-workers-citys-bankruptcy-reviewed

Rev Pinkney Framed in Benton Harbor Election Fraud Case

Reposted from BANCO

Note from MWRO: Rev. Edward Pinkney, President of  the Black Autonomy Network of Community Organizations in Benton Harbor, has issued this statement following his hearing on June 5, 2014. Jury selection begins July 17 and court begins July 21. Please support Rev. Pinkney against these fraudulent charges by being a court observer and/or contributing to his legal defense by making a PayPal contribution to BANCO asap! His legal team is seeking $5,000 to appeal to the circuit court.

Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Pinkney Framed Again

My case is one where there is no evidence whatsoever that prove the acts constituting a crime were in fact committed by me.

--There is no physical evidence that I was the person who changed any petitions. 

--There is no expert testimony that I was the one who changed any petitions. 

--There are no statements to the police or anyone else that I committed acts constituting a crime. 

--There are no confessions or witnesses to show that I  committed a crime, or if there was a crime. 

In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.

Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does:  fabricate evidence.

Judge Sterling Schrock and Prosecutor Mike Sepic have been working together.  They are a tag team. Corruption rolls on in Berrien County.                          

 

-- Rev. Edward Pinkney

Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpufvv

Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Pinkney Framed Again
 Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Pinkney Framed Again
 Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Pinkney Framed Again
 Statement by Rev. Edward Pinkney on BANCO website
 June 8, 2014
My case is one where there is no evidence whatsoever that proves the acts constituting a crime were in fact committed by me.
–There is no physical evidence that I was the person who changed any petitions.
–There is no expert testimony that I was the one who changed any petitions.
–There are no statements to the police or anyone else that I committed acts constituting a crime.
–There are no confessions or witnesses to show that I committed a crime, or if there was a crime.
In short, the alleged crime consisted of the alteration of documents, and there is no evidence that I committed those acts or that I was the only person in a position to commit the acts.
Based on the evidence presented at the preliminary examination, it appears the prosecution will not be able to present sufficient evidence at trial unless they do what the Berrien County Court normally does: fabricate evidence.
Judge Sterling Schrock and Prosecutor Mike Sepic have been working together. They are a tag team. Corruption rolls on in Berrien County.
- See more at: http://voiceofdetroit.net/2014/06/07/benton-harbor-rev-pinkney-to-face-trial-on-felony-charges-july-21-despite-no-evidence/#sthash.4NBCiBZn.dpuf

Democracy Under Attack Through Appeals Court

Dear Colleagues:

You can't make this stuff up. Here we are waiting for these almost four weeks for the appeals judges to render a decision on the public petition signatures against Public Act 4, and this is what they come up with.

First page of Court of Appeals decision

The font size, THEY CLAIM, is wrong but even still, the standard is substantially compliant, which MANDATES that they allow this issue to go on the ballot -- a great victory for our side -- and an issue that seems strange since the call is for democracy to take place by letting the electorate vote on this critical issue. Why all of these legal ranglings?

WE have to get the language for the ballot initiative set up, printed out and approved by August 8, 2012 in time for the November election. Shouldn't we all be in support of that American tenet -- "let the voters decide"?

Their suggestion is that these three appeals court judges call a meeting of all 28 state appeals court judges, and from that group, select a smaller group of seven who will review the "substantially compliant" decision rendered years ago, overturn it, and follow thru with overturning every other similar supportive decision rendered from that date forward until they arrive at THIS issue as a basis to overturn our efforts. WOW!!!

This damned democracy is too freaking dangerous and must be done away with. Gov. Snyder has now become the law of the land, and we must knuckle-under when he wants to overthrow elections then hand-pick managers who do his bidding. No more back talk! No further grievances will be filed.  Abandon any further uppity expectations that the old rule of law is to be followed. Things have changed, so you should all get with the program and quickly!

Colleagues, I urge you to all stop these foolish road blocks and attempts to circumvent the will of our new masters who believe themselves to know more than we do. The "spirit of democracy" that we grew up with is an old adage, stale, decayed, unproductive, and not what the country needs anymore. WE need to stand behind the "new world order," allow our rights as ordinary citizens to be trampled and prove our collective love of country by bearing these assaults in silence and with total compliance.

Last page of Court of Appeals decision

The hour of decision is close at hand, and so each of us have to decide what do we want the nation to look like: If we want peace, if we want silent-suffering, if we want give the appearance of all getting along, we will bear these moments as good little boys and girls, quietly praying for a good outcome. Or, we will chose what is behind door #2...resistance! 

This damned democracy was not everyone's rule.  We were taught this concept when we came to this country. Some arrived on the top or in the bottom of the boat, and others greeted and welcomed these travelers when they arrived on shores already populated by natives. We listened to it, sounded like it could work, and we bought into the "hype" that we are all equal in the eyes of democracy.  This ruling says something else.

Events of late have demonstrated a new paradigm that all have heard of, "money talks, and B-S walks." Every life is at stake. Every hope is in peril. Every wish is in danger. Every democratic right is in the line of fire and there are fingers on triggers at the ready. The future of mankind is in the balance.

Each of us has to now decide in the face of such a shocking ruling by the Appeals Court judges what direction does the country now need to go if we are to protect the State and the Nation. If the "ballot box" is no longer the pathway to social justice, and the court system is no longer the bus we can ride to take us there, then what mechanism do we use to secure the lives and freedoms of our children?  You either stand down in silence, or you RESIST, ORGANIZE, and WIN. You get what you organize to take.

Maureen D. Taylor

State Chairperson - MWRO

Stand Up for Democracy vs MI Secretary of State

Local news stations have shared the correspondence that Michigan Governor Snyder has offered an opinion to the Appeals Judges who are about to render a decision whether or not to certify the signature process aimed at placing Public Act #4 on the November ballot. He asks in his memo that these Judges NOT impede his forward momentum by certifying this effort.

We have a position as well. We would ask that these Judges NOT impede the people's right to democracy. 

So bizarre are these events relative to the petition activity that even the attention of national newscasters (like Rachel Maddow) has been captured each noting that nowhere else in the nation has so little been written about so huge an event. Over turning elections has a history.

Public Act 4, the emergency manager act, is the crux of what we are alarmed about. It allows the Governor, so he thinks, to void state and local elections in places where the finances of that municipality are stressed, and a person of his choosing is seated who answers only to the Governor.  This "dictator law" has no successful outcome anywhere in the State and, in every example, has led to even deeper financial debt as the assets of the people are sold to the highest bidder at pennies on the dollar.

Benton Harbor had a deficit and after the emergency manager was seated, the deficit is three times greater. Pontiac had a deficit and has a greater one today. The Detroit School District had a deficit and it has grown to a much larger number under the forced emergency manager. So one would ask, what the real agenda is with this outrageous act?

Attacking democracy is no small matter. It starts small -- a little less democracy here, a little less there, and before you know it people are convinced that to appoint officials must be the right thing to do because it keeps happening! 

That pesky "democracy" is getting in the way of what corporations want, so efforts to sideline it are underway across the State.  How egregious is it that the once mighty Pontiac Silverdome, that was the "mecca" of sports and other major events costed out at $55 million when it was first built, was sold for $500,000 just months ago? This businessman has now named the same emergency manager in charge of that sale to his team as he prepares to retrofit the Silverdome for the newest casino owned by him!

We are heading into deep, dark waters and should prepare ourselves for street to street battle.

On Thursday, all segments of the State will learn a valuable lesson about what is taught in civics and  government class in local schools: Do the people have a right to redress? Maybe not anymore. Can the size of the print on a petition be enough to disqualify the will of just under 240,000 people?  Apparently yes. Can a representative of the Tea Party, the Republican party or any party be allowed to tamper with this American process in such a way that democracy is sacrificed?  Don't know yet. No lover of freedom and open government can stand by and let such an action take place.

If you are able, come to the State Bldg at Cadillac Place, 3020 W. Grand Blvd, Suite 14-300 (at Second St) in Detroit on Thursday, May 17th, no later than 9am. Stand and watch as we look to see if democracy still stands. "...oh say does that star-spangled banner yet wave, over the land of the free and the home of the brave?" Democracy has been stolen.  The outcome of this Appeals Court hearing will reveal a great message and will help clarify what stage of this battle we are entering. 
 
MD Taylor
MWRO State Chairperson

Protect 1st Amendment of Diane Bukowski

(Partial repost from the Committee to Defend Diane Bukowski and the Freedom of the Press)

Michigan Citizen newspaper reporter, Diane Bukowski, continues her fight in court to protect her 1st Amendment right to freedom of the press.

On April 17th, Wayne Co. Circuit Court Judge Michael Hathaway partially granted the prosecutor's motion to preclude testimony in Ms. Bukowski's criminal trial that she was acting in her capacity as a reporter during the 11/4/08 high speed chase by Michigan State Troopers that ended with the death of two men.

She faces two false felony charges of "assaulting, battering, wounding, resisting, obstructing or endangering" police while covering the chase. The refusal to recognize her role is outrageous!

Neither of the troopers, John Hetfield and James Wojton, have been charged with the deaths of the victims, James Willingham and Jeffery Frazier, although they violated many MSP vehicle pursuit rules, including conducting the chase in a densely populated area without a siren.

The Michigan Citizen is recognized as one of the only Detroit newspapers that covers stories about Black and poor citizens, including issues of police brutality.

Please support this grassroots reporter by attending Friday's 4/24/09 Press Conference and Rally at 12pm at the Frank Murphy Hall of Justice in downtown Detroit. Call Wayne Co. Prosecutor, Kym Worthy, and ask her to end this unjust prosecution! (313) 224-5777.

On Monday, 4/27/09, help us pack Judge Hathaway's court room for Diane Bukowski's trial: 9am, Frank Murphy Hall of Justice, Room 501.

Download flyer with Bukowski details and defense committee endorsements. Read the Detroit Metro Times for a good account of this story.

Homeowners Say "Produce the Note"

Apparently those three little words are enough to delay the foreclosure of your home by banks. ABC News reports that homeowners on the brink of foreclosure and eviction have managed to get themselves more time by filing a paper that requires their mortgage holding bank to show them a copy of the note they signed.


Part of the banking and mortgage calamity is a result of mortgage companies and banks selling then reselling homeowner mortgages. Along the way, banks often lose track of the original paperwork. If a homeowner files a Request for Production of Documents form in court, judges will often side with the homeowner during foreclosure proceedings and require the lender to show a copy of the note before they can continue.

This delay tactic is being used by many homeowners across the country to help save their homes and allow them more time to gather the money they need or find a new job. With nearly 9,000 foreclosure filings per day, this tactical delay often forces banks to find the original paperwork--a process that can take months--to prove that the foreclosing lender owns the note, and that the homeowner owes the debt.

Consumer Warning Network is a grassroots group that offers advice and information for homeowners at risk of foreclosure and "Produce the Note" tactics. [MWRO found their site to be down as of this posting, perhaps their server was overloaded.] Additional information can be found at Associated Content.

Don't allow lenders to carry out an improper foreclosure on your home! They count on people to not understand the process and to give up. Know your rights and fight on!

Wild Man Wiley on Berrien County Bench

Read this extraordinary report about Berrien County Judge Wiley's bond hearing for BANCO's Rev. Edward Pinkney. Although we don't have a photo to share of Judge Wiley, this is what we imagine him to look like!

[Reposted from Benton Harbor BANCO]

Rev. Pinkney's Bond Hearing, Thursday Dec. 18, 2008

The hearing was to set bond and allow for Rev. Pinkney's release as he appeals a 3-10 year prison sentence for violating his probation for writing an article which was published in the Peoples Tribune. peoplestribune.org

Obviously furious and out of control emotionally, Judge Dennis Wiley was like a crazy man with hair standing up. Literally. For people who had traveled from afar, it was a rude shock to hear Judge W announce that the 10am hearing was being postponed until 3pm.

This judge, true to reputation, was anything but objective, and openly displayed a lot of anger. The ACLU's win in court, resulting in the release of Pinkney, is the last thing Berrien County power players want. Judge W didn't want to hear the case, said he didn't have time for rebuttal, and tried to persuade prosecutor Vigansky who he seemed at odds with to postpone the hearing. He eventually decided to hear the case. Vigansky appeared to care about how he conducted himself, Wiley did not and behaved like a drunken sailor. He threw two people out of the courtroom for slight chuckles, shouting to "get out!"

Rev. Pinkney, appearing on closed circuit TV from Jackson prison, was represented by two ACLU attorneys, both present in the courtroom. It was obvious from their astonished expressions that they may never have been subjected to this type of "legal proceeding" in their careers. Berrien County refused to bring Pinkney to the courtroom citing bad weather.

Judge W granted Pinkney a ten-thousand dollar cash surety bond -- more than had been sought by either Pinkney or the prosecutor. "I could have set $150,000.00!," threatened Judge W.

Despite last week's one and only order by the Court of Appeals for Judge W to set the bail amount, he set a long list of (outrageous) conditions to Pinkney's bond release:

no cell phone, no pager, no speaking engagements, no preaching in church, may engage in no defamatory or harassing behavior - including through the use of print or electronic media, no election activity, must wear a GPS tether and be under 24-hour curfew, may not go near Judge Butzbaugh, may not use a credit card ("you may as well cut up your credit card"). Also, Pinkney must keep away from the Berrien County Courthouse until his day in court on the appeal. Pinkney is known for his court observer activism. Attorney Michael Steinberg said the restrictions are excessive, and some are unconstitutional.

Get the feeling they are just a little afraid of this reverend?

Read more at WSJM. (Image from Sultan Knish Blog)

Detroit's Water Czar

While Congress and the White House toss around the fate of thousands of auto workers, and discuss the creation of a "Car Czar," we thought we'd mention another local czar in the news, Judge John Feikens.

Thirty-seven years ago, the U.S. Environmental Protection Agency sued the Detroit Sewerage and Water Dept (DWSD) and the city to stop polluting the Detroit River. Judge Feikens was charged with overseeing local efforts--as the de facto water czar--and requiring local governments to respond to the lawsuit. Snow, rain, and widespread development created massive storm drain run-offs that contributed to water contamination in rivers and the area's watershed.

Many local groups have applauded Judge Feikens' heavy-handed efforts to comply with this Clean Water Act ruling, and there are noticeable improvements in the areas rivers, lakes, and beaches. In fact, his Detroit efforts have caused some to believe that this could be a national model for other cities.

But during this time, residents of two local water depts--the DWSD and Highland Park Water Dept--had another set of crises that the water czar did not include in his regional remedy plan. Since 2002 in Detroit, thousands of low-income residents had their water shut-off for lack of payment. In Highland Park, nearly half of the city's 16,000 residents had their water shut-off by cash-strapped local officials.

For several years, MWRO has worked in concert with local residents and grassroots leaders to have the water departments address this wide-scale public health and human rights problem. On several occasions, Judge Feikens' name came up by local water and city council officials as we pressed for relief or a moratorium on shut-offs.

Waterless residents were told that before any public policy changes could be made to help vulnerable populations restore their water service or establish affordable payments options, the water czar would first require payment and compliance with his legal orders by the water depts. In Highland Park, this made matters worse. Residents were receiving bills in the thousands of dollars (see film, The Water Front), and the city was nearly under receivership by the Governor because it could not pay its own bills.

For the past six years, MWRO members and local residents have sought a Water Affordability Program that would prevent shut-offs and allow low-income households to make modest monthly payments. We reached out to Judge Feikens for assistance and guidance and not once did we receive a response. If the Detroit water czar is truly interested in improving the area's quality of life through clean water then, we believe, part of that entails ensuring that the poorest members of the community are included and safeguarded against the harm of water shut-offs.

Lastly, a local study found that the cost of modernizing the Detroit region's sewage treatment plants and system pipes could be over $50 billion in the next 25 years. This could also double the cost of water bills within 15 years, which are already rising twice as fast as inflation. Low-income residents cannot manage this increase. What will the water czar do to avert this crisis?

Grassroots Court Hearings for Bukowski and Pinkney

By Sylvia Orduño and Gwendolyn Gaines

Today in Detroit's 36th District Court, Michigan Citizen freelance reporter Diane Bukowski's five felony counts were reduced to two in a preliminary hearing. She is charged with obstruction and police assault while covering a deadly accident on election day. Yesterday, grassroots activists, community residents, and union members attended a rally in support of Diane's legal challenge, and today they packed the courthouse. Like Ms. Bukowski, we believe that she is being targeted by the police because of questionable circumstances around the deadly accident, and her history of reporting on police brutality cases in southeast Michigan. Another court date is set for her on December 23, 2008.

Meanwhile in western Michigan, Rev. Pinkney is set for a bond hearing in Benton Harbor on December 18, 2008 following the ACLU's successful bond appeal before the Michigan Court of Appeals. However, it turns out Rev. Pinkney is going before Judge Wiley--the same official who sent him to prison for quoting Deuteronomy!

Please help us pack Berrien County Courthouse this Thursday, 12/18 at 10am in support of Rev. Pinkney's bond hearing and release. (Directions: In Michigan, take I-84, exit 33 toward Benton Harbor/St Joseph, and cross over the bridge to the courthouse.)

Also, please contact The Clemency Advisory Council (listed below) that makes recommendations to the Governor. Their recommendation of clemency for Rev. Pinkney will carry a great deal of weight when she makes her decision on his application.

Dr. Charles G. Adams of Detroit, pastor of Hartford Memorial Baptist Church, 19472 Suffolk Dr., Highland Park, MI 48203, 313-368-0210, appointed to represent the general public.

Ms. Gloria L. Baker of Roseville, accountant with Urban Science, 200 Renaissance Ctr. #18100, Detroit, MI 48243, 313-259-9900, appointed to represent crime victims or their families.

Ms. Joyce M. Braithwaite-Brickley of Traverse City, retired, appointed to represent the general public. Info. not located.

Ms. Mary Beth Kur, private practice: 523 Mitchell St., Petoskey, MI 49770, mbkur@sbcglobal.net , 877-746-4625, former Charlevoix County prosecutor, appointed to represent law enforcement.

Rabbi David A. Nelson, Beth Shalom, 14601 W. Lincoln Rd., Oak Park, MI 48237, cbs@congbethshalom.org , 248-547-7970, of Southfield, appointed to represent the general public.

Ms. Janette L. Price of Eaton Rapids, former warden for the Michigan Department of Corrections, now retired, appointed to represent the general public. Info. not located.

The Honorable Rudolph A. Serra, private practice: 18953 Mallina St., Grosse Pointe, MI 48236, 313-331-7839, former judge of the 36th District Court, appointed to represent law enforcement and designated chair of the council for a term expiring at the pleasure of the governor.

Gov. Jennifer M. Granholm, P.O. Box 30013, Lansing, Michigan 48909 517-335-7858