Showing posts with label Injustice. Show all posts
Showing posts with label Injustice. Show all posts

Monday, January 19, 2015

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/

Tuesday, November 11, 2014

Rev Pinkney Victim of Benton Harbor Racism and Oppression

Reposted from: Legacy of Racism and National Oppression in Michigan » CounterPunch: Tells the Facts, Names the Names


Rev. Edward Pinkney Convicted of Five Counts of Felony Forgery by Berrien County Jury

Legacy of Racism and National Oppression in Michigan

by ABAYOMI AZIKIWE
An all-white jury in St. Joseph, Michigan has found Rev. Edward Pinkney guilty of five felony counts of forgery stemming from a recall campaign against Mayor James Hightower of Benton Harbor earlier this year.
The jury deliberated for nine hours and delivered the verdict on Nov. 3. The sentencing date has been set for Dec. 15.
Hightower was the subject of the recall campaign due to his refusal to support a local income tax measure designed to create employment for the people in Benton Harbor, located in Berrien County in the southwest region of the state of Michigan. Hightower is often accused by residents of Benton Harbor of being more concerned about the well-being of Whirlpool Corporation and other business interests than the people he is sworn to protect and serve.
During the five day trial not one witness said they saw Pinkney change any dates or signatures on the recall petitions. The prosecutor, Mike Sepic, during the opening arguments on Oct. 27 told the jury that they would not hear anyone say that they witnessed the defendant engaging in fraud.unnamed
The prosecutor’s case was supposed to be based on circumstantial evidence. Nonetheless, the tenor of the questioning by the prosecutor seemed to suggest that the Black Autonomy Network Community Organization (BANCO), the group Pinkney leads in Berrien County, was actually on trial for its uncompromising opposition to the role of Whirpool Corporation and its supporters within the political establishment in Benton Harbor and its environs.
Prosecution Witnesses Supported Recall
In the testimony of eight witnesses called by the prosecution on the first day of the trial, they all supported the recall of Mayor Hightower. The witnesses said that they never saw Pinkney change any petitions.
Prosecution witness Bridgett Gilmore told the court that she circulated the recall petitions for George E. Moon and had no contact with Pinkney during the process. While the prosecutor asked her about what appeared to be minor changes on the petitions she circulated, defense lawyer Tat Parrish pointed out that none of these pages in question were the ones which Pinkney was charged with altering.
Gilmore noted that two types of ink were used on some of the signatures because the circulation process took place during the winter and a pen would freeze requiring the usage of another one. When Gilmore turned over the petitions to Moon, Pinkney was not present.
“There were many people calling for Hightower’s recall,” she said.
Another witness called by the prosecution, Majorie Carter, indicated that she received the recall petitions from the City Clerk’s office. Carter supported the recall because she believed that businesses should pay taxes to create jobs in Benton Harbor, a majority African American city which suffers from extremely high unemployment.
Carter said that she was a registered voter and had campaigned for candidates before. She noted that she had run for City Commissioner in the past.
“I collected signatures for the recall from my apartment complex for seniors,” she said. “One signer corrected a date on the petition.”
Mable Louise Avant testified after being called to the stand by the prosecution. She said she had met Pinkney at a BANCO meeting.
“I had been living in New York and when I returned and saw how Benton Harbor had gone down, something needed to be done,” Avant said.
“People make mistakes,” she emphasized. “Rev. Pinkney had nothing to do with the mistakes. I turned over the petitions to Rev. Pinkney.”
The petitions that Avant circulated were not the ones that Pinkney was accused of altering.
Benton Harbor resident George E. Moon also took the stand for the prosecution and said he circulated petitions for the recall of Hightower. When asked by the prosecutor where he got the idea about recalling the mayor, Moon responded by saying that “My ideology is different than the mayor. People should be elected and not bought.”
“I am an activist,” Moon declared. He said he had spoken out in favor of the recall in the community.
Overall more than 700 people signed the recall petitions most of which were validated by the local election commission. A date was set for the recall election.
Nonetheless, after Pinkney was indicted and placed under house arrest for several weeks, the recall election was cancelled by a local judge raising questions about the signatures. Yet later, another judge certified the petitions and authorized the recall election to proceed.
The local authorities in Berrien County challenged the election that was scheduled for November 4. The Michigan Court of Appeals then cancelled the recall elections again.
Hightower remains in office and was called as a prosecution witness during the first day of the trial.
James Cornelius, a Benton Harbor resident, who sponsored the recall campaign against Hightower, took the stand saying that he got the petitions from Pinkney to circulate. “Hightower was not doing a good job,” Cornelius told the court.
Many of the prosecution questions related to the meetings, ideology, membership and leadership of BANCO. During the course of the prosecution’s questioning of witnesses numerous observers were ejected from the courtroom for various reasons.
One activist who traveled from Detroit was told he had to leave because he was “smirking.” Another observer from Detroit was asked to leave because they shook their head in disbelieve of the proceedings which she felt presented no evidence to incriminate Pinkney.
Rev. Pinkney Will Seek a Delay in Sentencing
After the announcement of the verdict, Pinkney indicated that he was disappointed with the decisions of the all-white jury. This is the second time within seven years that he has been convicted by a Berrien County jury.
In 2007, Pinkney was found guilty of tampering with absentee ballots involving another recall campaign against two Benton Harbor City Commissioners. He was sentenced to one year of house arrest and four years of probation.
However, in December of 2007, while under house arrest, Pinkney was charged with threatening the life of a Berrien County judge after he published an article in the People’s Tribune newspaper quoting biblical scriptures. He was sentenced to 3-10 years for violating his probation.
A national campaign involving the Michigan ACLU along with numerous community, academic and religious organizations resulted in a successful appeal that released Pinkney from a state prison after serving one year. He has continued to be a major critic of the authorities in Berrien County.
In 2010, BANCO opposed the transferal of land from Jean Klock Park to a privately-owned venture known as Harbor Shores Development. The park, which had been designated for free public usage in 1917, was turned into the Jack Nicklaus Signature Golf Course on Lake Michigan.
Two years later in 2012, BANCO organized the “Occupy the PGA” to oppose the holding of the senior tournaments in Benton Harbor that year. Hundreds attended the march and rally drawing the ire of the local business interests and county officials.
On the most recent convictions for felony forgery, Pinkney said “I was in shock more than anything else because I could not believe they could find me guilty with no evidence at all. They have proven the fact you don’t need evidence to send someone to prison.”
Pinkney went on to say that “Sometimes somebody has to take a bullet and I just took one -it was in the leg though, it wasn’t in the heart. I’ve got about 45 good days and then we are definitely going to request a delay in sentencing.”
Berrien County Prosecutor Mike Sepic said after the convictions that “Each of those felony counts carries a 5 year maximum, but he has at least three prior felony convictions. That makes him a habitual offender, which turns those five year maximums into a life maximum and actually elevates the guidelines that will be scored for him as well. I believe it will be either a lengthy jail sentence or prison sentence.”
Supporters of Rev. Pinkney are outraged by the jury verdict. Many of them are committed to working for an appeal of the convictions.
Legacy of Racism and National Oppression in Berrien County
Berrien County is notorious for its racism against African Americans. Police brutality, large-scale home foreclosures, high unemployment and the systematic forcing of people from the majority African American city of Benton Harbor has been standard policy for years.
In 2003, after the police chased an African American motorcyclist resulting in a crash and his death, the African American community in Benton Harbor rose up in rebellion that last for several days. Although the-then Gov. Jennifer Granholm pledged to provide assistance for the improvement of conditions in Benton Harbor, no action was taken other than the privatization of Jean Klock Park and the appointment of an emergency manager in 2010.
Although Benton Harbor is ostensibly out from under emergency management, the city is subjected to the more powerful and predominantly white St. Joseph, where the county court system is based. The fact that an all-white jury was impaneled in such a racially sensitive case in an area with deep historical tensions, speaks volumes in regard to the lack of sensitivity existing among the county authorities and the corporate interests.
Abayomi Azikiwe is the editor of Pan-African News Wire.

Thursday, June 4, 2009

Freedom of the Press My Sweet A**!


An Open Letter from Ann Grimmett, MWRO Member:

On June 1, 2009, I was in the Detroit courtroom of Judge Michael Hathaway in the "Frank Murphy Hall of INJUSTICE" as our beloved freedom fighter Diane Bukowski was being sentenced, insulted, lied on and generally disrespected!

I would like to think that the presence of nearly 50 people, (there ONLY to support Diane in her fight) were instrumental in convincing the "unjust judge" (much like the one referred to in Luke 18 "Parable of the Persistent Widow") to be more "just" (if you will) in his sentencing of our good sister Diane. As it turned out, Diane was given probation and slapped with several (again) "unjust" fines most likely in an attempt to "starve her out!

So much of Diane's case is very similar to the "persecution of our beloved BANCO brother Reverend Edward Pinkney, in that ALL who "concern themselves and fight for" the poor and disenfranchised are becoming TARGETS for those that are in a position of "Perceived Power."

Truth be told, if those whom these "Freedom Fighters" have defended and are defending don't stand up IN A BIG WAY for our "Freedom Fighters" we will ALL go down the tubes!! Diane is going to appeal and WE will be there to support her, to the very END!

For more information on this case, go to Free Diane Bukowski and read the open letter from Professor Charles Simmons.

Free image from Clipart Graphics

Monday, May 4, 2009

Michigan Citizen Reporter Diane Bukowski’s Conviction Statement

As many of you know, I was convicted Friday, May 1, 2009 on two felony counts of “assaulting/resisting/obstructing” state troopers. The charges related to my coverage last Election Day Nov. 4 of a high-speed state trooper chase down E. Davison which ended with the deaths of Detroiters James Willingham, a father of ten, and Jeffery Frazier, an autistic young man beloved in his community.

I am neither dispirited nor depressed about this unjust outcome, but all the more resolved to continue the struggle against the beast that is the so-called “criminal justice” (read injustice) system in this city, county, state and country. Tens of thousands of poor defendants, who do not have my advantages, are daily railroaded into the prison system using court-appointed attorneys who frequently plead them out whether or not they committed the crime. Many are charged with crimes arising from their poverty.

My defense committee is already planning an extensive fightback. There will be an organizing committee meeting at the offices of The Michigan Citizen, 1055 Trumbull at Howard, Thurs. May 7 at 5 p.m. for those who want to help plan this fightback. We are also of course planning legal appeals from several angles. My sentencing is set for June 1, 2009.

Wayne County Prosecutor Kym Worthy, who knows my extensive coverage of police brutality cases and her failure to prosecute Detroit’s killer cops including Eugene Brown, brought these appalling, trumped up charges against me.

My attorney Emmett Greenwood and I were forced to fight the charges with one arm tied behind our backs, due to the actions of both Assistant Prosecutor Thomas Trzcinski and Wayne County Circuit Court Judge Michael Hathaway. Hathaway is a member of the suburban-based Irish Republican Club (not Army) and supporter of state Attorney General Mike Cox.

On Apr. 17, as a hearing on a motion to withdraw from my case by my previous attorney Arnold Reed was being heard, a motion to “preclude the defense of press privilege” from my trial, penned by Trzcinski and approved by Worthy, was also heard. I had no idea this motion had been presented seven days earlier.

“The People request that this Court preclude argument, the asking of questions, and the introduction of any other evidence purporting to show that defendant was acting in her capacity as a reporter during the events in question,” Trzcinski said in his motion, which was approved by Wayne County Prosecutor Kym Worthy.

Hathaway partially granted this request which blatantly violated the First Amendment.

He refused to adjourn the trial to deal with this new development and provide needed preparation time despite the fact that my new attorney had been on the case for only 10 days.Hathaway also refused to allow Greenwood to appeal the denial of adjournment to the presiding judge of the criminal court, Judge Edward Ewell, which is standard procedure.

My jury venire was not representative of a “fair cross-section of the community” as guaranteed by the Sixth Amendment. Only two Blacks and two Detroiters were on the final jury, with probably 3 more Blacks in the entire venire of over 30 (for selection). Blacks represent 82.8 percent of Detroit’s population and 42 percent of Wayne County’s population according to the most recent estimates from the US Census. Detroiters also represent 42 percent of the county’s population. The judge continued the trial despite the fact that a third Black juror called in the second day and said she had car trouble, although he could easily have sent a court officer to pick her up. She was instead excluded from the jury.

Recent figures compiled by the Wayne County Jury Commission show that Blacks are still averaging only about 24 percent of the total jury pools, with Detroiters at around the same rate. Those are the same figures that were in effect when Judge Deborah Thomas first began her campaign regarding the disparate racial and ethnic composition of Wayne County juries in 2004.

Hathaway allowed extensive direct testimony from the two state troopers, John Hetfield and James Wojton (both white and not from Detroit), who conducted the chase but were gone two hours before I got there. However, he did not allow my attorney to cross-examine them on the legality of the chase, which violated numerous MSP pursuit regulations. They had no siren on, and conducted the chase in a densely populated area for a traffic violation (speeding). Several nearby schools were letting out at the time of the chase, 3:32 p.m.

The judge even cut off most of my attorney’s direct exam of me, the defendant. Trzcinski viciously attacked Willingham’s grieving sister when she took the stand to testify that I did not cross any yellow caution tapes and did not assault, resist or obstruct the officers.

The jury watched the raw footage from Fox 2 news videotape of my entire arrest three times. But as I warned my lawyers all along, these suburban juries believe the police, and not “their lying eyes.” That happened when a mostly suburban jury acquitted Trooper Jay Morningstar of murdering homeless Eric Williams in Greektown several years ago. That jury also viewed a Detroit police dashcam videotape which showed Morningstar shooting Williams, who had his pants around his ankles and was clearly disturbed, only 4 seconds after Morningstar exited his car. This was despite the presence of Detroit officers who knew Williams and how to handle him.

The judge informed the prosecutor and my attorney both in chambers and on the record that Trooper Eric Byerly, who erased two photos from my camera, had committed a crime and should take the Fifth Amendment. However, after Byerly nonetheless testified in detail regarding this destruction of evidence, neither the judge nor the prosecutor took the appropriate actions against him.

There were numerous other gross irregularities which my attorneys will deal with in their appellate actions.

But I ask all of you not to lose heart. My determination to continue the struggle against the monster that is this injustice system has been greatly increased by this outcome, and I look forward to victory in the end. If anyone has questions, they can reach me at 313-205-6718. THANK YOU ALL AND LOVE YOU ALL. DIANE.

(Image courtesy of Workers World)