Showing posts with label AfricanAmerican. Show all posts
Showing posts with label AfricanAmerican. Show all posts

Friday, December 19, 2014

Journalists React: Rev. Pinkney Sentenced


On December 15, 2014, Rev. Edward Pinkney was sentenced to serve from 2.5 to 10 years in prison. He was convicted by an all white jury of election fraud in connection with the successful petition to recall Mayor Hightower, of Benton Harbor, Michigan. Mayor Hightower is perceived by the signatories on the petition as an official who represents corporate interests rather than the interests of his constituents. Americans have the legal right to elect and recall public officials, but exercising the right of recall might get activists arrested.

Below are excerpts from four news articles about Pinkney's trial and prison sentence.

(ATLANTA BLACK STAR) Pinkney’s supporters say altering a petition document should have been a misdemeanor offense, not a felony—and there was no evidence to support the charge because no signatures were forged and all signatories testified that they signed willingly on the correct day.

During Pinkney’s trial, a forensics expert for the prosecution testified that there was no way to determine who changed the handful of dates. Still, the all-white jury accepted the prosecutor’s contention that no direct evidence was required; the prosecution told the jury they only had to “believe” that Pinkney was motivated to cheat and that he “could” have changed the dates while circulating the petitions.

“Rev. Pinkney was accused of writing and changing my date on a petition when, in fact, I wrote my own date and changed it after realizing I had put the wrong date down,” Mary Alice Adams, a Benton Harbor commissioner, said.

(TRUTHOUT) Pinkney is founder of BANCO, the Black Autonomy Network Community Organization, and is arguably the loudest, most outspoken activist in Benton Harbor, which fell under the dictatorship of emergency management in 2010. His organization holds spirited rallies and takes political action against what the group claims is rampant government-corporate collusion, police corruption, economic injustice, and a discriminatory - even "genocidal" - plan for gentrification of the city.

Witness after witness stood up to the prosecutor who put not only Pinkney on trial, but also his community organization, BANCO. The prosecutor hounded the witnesses to "confess" that somehow the dates were altered, and questioned if they were card-holding members of the BANCO organization. The scene held shadows of a McCarthy-era House Un-American Activities Committee witch-hunt.

"Here, Whirlpool controls not only Benton Harbor and the residents, but also the court system itself. They will do anything to crush you if you stand up to them. That's why it's so important to fight this. I'm going to fight them until the end. This is not just an attack on Rev. Pinkney. It's an attack on every single person that lives in Benton Harbor, in the state and around the country." - Rev. Edward Pinkney

(COUNTERPOINT) 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.

(VOICE OF DETROIT) Over the past decades, Whirlpool has shut down numerous plants in the city that once employed residents, and has been conducting a massive take-over of choice Benton Harbor land, including that surrounding the gorgeous Lake Michigan beach which is part of the public Jean Klock Park. 

“Mayor James Hightower . . . says the Whirlpool Corporation should not pay taxes – only the residents of the city of Benton Harbor should foot the bills,” the BANCO site says. “Whirlpool Corporation’s profit last year was more than ten billion dollars, and it paid no taxes to the city of Benton Harbor where the headquarters resides. Mayor James Hightower and the Whirlpool Corporation fought extremely hard [in Nov. 2013] to defeat the city income tax which would have provided $3.5 million dollars the very first year and every year after. Residents and those who work in the city would pay the income tax. Corporations would, too.”

[After the income tax did not pass] Hightower took out a $2.3 million loan to finance city expenses, pushing the economically-strapped city further into debt.

Whirlpool has put their brand new headquarters on riverfront property in Benton Harbor, and built a luxury golf course and residential development directly off the Klock Park beach.

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Rev. Pinkney met routinely with community organizers. See a Pontiac, Michigan man complain to Rev. Pinkney on film that his city is also being taken over for private corporate interests http://youtu.be/R-OI_6IFRf0

A United Front Radio Interview with Rev. Pinkney explores his historic fight against austerity in Benton Harbor at 
http://youtu.be/d73hQfgeY5o  Pinkney's two convictions by all-white juries are discussed in depth. The Berrien County Court reportedly received 130 letters in support of Rev. Pinkney. 

The entire world was shocked when water was shut off for thousands of Detroit households, and parents feared their children would be removed from their custody. 
RT - "Detroit's humanitarian crisis: thousands left without water"  http://youtu.be/lAT6DyuOFvk

With Benton Harbor more in debt than ever, under the loan arranged by Mayor Hightower, it is likely that more public land might be sold to pay the loan. Perhaps it will even be sold to Westinghouse, especially with Rev. Edward Pinkney out of the way. 

Michigan is under seize, and one of her most outspoken leaders for justice has just become a political prisoner. Perhaps Pinkney's conviction by an all-white jury and his sentencing without any evidence of criminal wrongdoing will warn other community leaders throughout America who oppose the marriage of government and Big Business and privatizing public lands and resources. Americans might even learn not to complain when multi-billion dollar corporations are excused from paying taxes.

See seven links below, five of which lead to the complete articles from which excerpts herein were provided. Visit also Rev. Pinkney Blogtalkradio page at Facebook for updates and his website, B.H.Banco.org.

Atlanta Black Star
TruthOut 
TruthOut
Voice of Detroit

Photo from People's Tribune Radio page at Facebook

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Thanks for participating in the "Human Rights for Prisoners March" across the Internet to demand respect for all people.
Human Rights for Prisoners March
Blogtalkradio - Monday nights at 9pm PST 
Mary Neal, director 

Friday, October 25, 2013

Six Software Company Execs Wrongly Convicted - IRP6

It is an important human right to be allowed to prove one's innocence. But what happens when the system wants to prevent that? Would the justice system withhold records wrongly convicted inmates need to file an appeal?

What happens when a software company with five African American officers and one Caucasian develop software that could revolutionize communication between local and federal law enforcement agencies? After the 9/11 tragedy, Americans repeatedly heard officials blame poor communication between agencies as an excuse for why the plans to attack the Twin Towers and the Pentagon were not foiled although there were warnings. A software company decided to develop software that would make it possible for every law enforcement agency to have access to the pertinent information instantly. After several meetings with the Government, the software company was raided by the F.B.I., and its principals were arrested on charges that should have been addressed in civil court, if at all. The start-up company had racked up some bills with temporary service companies that supplied personnel who helped build and revise the software. That indebtedness was used as the feds' excuse to raid the software company and arrest its officers. 

Do the feds really want a way to facilitate easy communication between all U.S. law enforcement agencies to prevent such disasters as 9/11? The software was expected to generate billions; instead the company's executives are imprisoned. Below is a press release from "A Just Cause," the organization that advocates for justice for the IRP6 - six men wrongly convicted and incarcerated, possibly to prevent software development that the federal government said it wanted - or to steal it.

"The case in a nutshell is a corporate debt collection case that got criminalized by an over-zealous FBI agent, John Smith and Assistant U.S. Attorney, Matthew Kirsch in Denver, Colorado," said Rev. Dr. Floyd Harris, Jr., director of National Network in Action of IRP6: Gary Walker, David Banks, Clinton Stewart, Kendrick Barnes, Demetrius Harper and David Zirpolo. 

Could it be a throwback to Tulsa, Oklahoma? More than one person who heard about IRP6 stated, "'They' don't want people of color to have successful businesses and will do anything to destroy them." It is unfortunate that this level of distrust remains in the 21st century or that it may be true. See the comment below from a person at Facebook:

Jovaun Cyrelle Hardin said, "I Know Firsthand This Happens To Black Companies! It Happened to Mine! We Create Something Great and They Destroy Us and Take It!!!! We Have to Fight Against This Its 2013. HOW CAN THIS STILL Be Happening?!?!"

Below is an update on the justice quest for IRP6, the software manufacturers who remain incarcerated. See more information at www.a-justcause.com and www.freetheirp6.org . Please also listen to the two radio broadcasts linked underneath the press release.

**For Immediate Release**

Denver Attorney Files Petition Requesting the Federal Courts to Direct Federal Court Reporter to Release 200 Pages of Missing Transcript Critical to Appeal in IRP6 Case

Petition for Writ of Mandamus Is Filed by Attorney Gwendolyn Solomon for The IRP6, Requesting That The Courts Resolve Issue Of Federal Court Reporter Darlene Martinez Omitting 200 Pages of Transcripts From The Criminal Trial Of Six Colorado Businessmen


Court records show that on October 8, 2013, Gwendolyn Solomon, Appellant Attorney for the IRP6 filed a motion with the 10th Circuit Court of Appeals requesting their intervention in resolving issues surrounding the alleged missing transcript in the IRP6 case. The Writ of Mandamus filed by Solomon requests that the 10th Circuit order Court Reporter Darlene Martinez to release the complete unedited/verbatim transcripts and/or any electronic, digital and audio recordings related to transcript in question. (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266-CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

Attorney Solomon requested that Judge Christine Arguello, Court Reporter Darlene Martinez, and District of Colorado court clerk employees Charlotte Hoard and Ed Butler be ordered to answer to alleged violations of The Court Reporter's Act, which articulates, “28 U.S.C.A 753(b) makes it mandatory by Congress, that a court reporter shall record all proceedings verbatim in criminal cases held in open court which includes sidebars.” (Court Reporter's Act, 28 U.S.C.A 753(b))

Attorney Solomon further requested that the above mentioned parties be ordered to answer to alleged violations of the Due Process Clause of the Constitution for denying the IRP6 access to unedited transcripts, electronic, digital and audio recordings for the trial. (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266-CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

The United States Constitution stipulates that no person shall “...be deprived of life, liberty, or property without due process of law.” (United States Constitution, Fifth and Fourteenth Amendments, and The United States Bill of Rights)

The Petition for Writ of Mandamus filed by Attorney Gwendolyn Solomon alleges breach of contract by court reporter Darlene Martinez for failing to attach her original shorthand notes or other original records to her official certificate and promptly file them with the clerk. (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

A separate, but related, lawsuit filed by advocacy group A Just Cause asserts, “Ms. Martinez stated that those records (sidebar transcript from IRP6 case) no longer existed and had been destroyed. The negligent reporting practices of Ms. Martinez resulted in the omission of critical information, and made it impossible for her or her agency to produce a complete and accurate transcript of the proceedings. The criminal defendants in the underlying action were third party beneficiaries to the contract between (A Just Cause) and (Darlene M. Martinez) for the purchase of the transcript of the entire trial proceeding in United States v. Banks, et al., case number 09CR266.” (Civil Action No. 13-cv-02260-RBJ-KMT)

The IRP6 case concerns an African-American company (IRP Solutions Corporation) in Colorado that developed the Case Investigative Life Cycle (CILC) criminal investigations software for federal, state, and local law enforcement. The IRP6 (Kendrick Barnes, Gary L Walker, Demetrius K. Harper, Clinton A Stewart, David A Zirpolo and David A Banks) were convicted in 2011 after being accused of mail and wire fraud. The defense argues that key elements of the court transcript, which are key to the appeal, are missing. (D. Ct. No. 1:09-CR-00266-CMA)

Solomon submits in the petition, “Denying access to court files...given the statutory inspection rights granted by 28 U.S.C. 753(b), works an invidious discrimination which cannot past muster under the equal protection pregnant of the Fifth Amendment's due process clause when the important substantive constitutional right of access to the courts is implicated." (U.S. v. Hansen, 956 F.2d 245, 247, 11th Cir. 1992)” (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

According to The Guide To Judiciary Policy Volume 6 (court reporting manual for federal courts), Section 140.25, Automated Court Reporter System Application, "The Automated Court Reporter Application (ACRA) automates the submission and archiving of court reporter data." (Guide to Judiciary Policy Volume 6). Section 115.10 of the Guide to Judiciary Policy affirms, "The Judicial Conference endorsed the use of real-time reporting technology by official court reporters in the districts courts". (Guide to Judiciary Policy Volume 6)

"With the technology that the Judicial Conference has made available to the courts, I can't comprehend the idea that the court transcripts are not available somewhere ", states Sam Thurman, A Just Cause.


The Petition for Writ of Mandamus for the IRP6 states, “The Fifth (or Fourteenth if a state is 18 involved) and Sixth Amendments concomitantly provide a criminal defendant the right to present a defense by compelling the attendance, and presenting the testimony, of his own witnesses. Washington v. Texas, 388 U.S. 14, 18-19 (1967); Serrano, 406 F.3d at 1213. This right is a fundamental element of due process of law. Webb v. Texas, 409 U.S. 95, 98 (1972).” (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

Solomon asserts in the petition, “The verbatim transcript is material to the issue concerning the violation of the Petitioners Fifth Amendment rights. The failure to inspect or be provided the complete verbatim transcript prejudices the Petitioners defense makes it impossible to perfect their appeal and deprives them of due process of law and warrants a reversal on their convictions.” (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

"A Just Cause remains bewildered by length of time it has taken to reverse the IRP6's convictions when there is evidence to suggest that 200 pages of the transcript were omitted," says Thurman.

In the 2002 case of U.S. v. Stephens, 38 Fed. Appx. 998 the Fourth Circuit Court of Appeals took only 22 days to vacate a conviction where the missing portion of transcript was unavailable for a defendant to perfect his appeal. "The IRP6 situation mirrors that of the Stephens case, yet the IRP have been incarcerated for over 14 months now", asserts Thurman. "A Just Cause is exploring every available avenue to facilitate the exoneration of the IRP6", Thurman concludes.

The case of IRP Solutions (IRP6) is currently under appeal (US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 an 11-1492).

For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org. Appellate Court panel includes the Honorable Senior Judge Bobby R. Baldock, Honorable Judge Harris L. Hartz, and Honorable Judge Jerome A. Holmes. Related press releases: http://www.a-justcause.com/#!press-release/c21pq


RADIO Broadcasts:
Interview with Exoneree Anthony C. Graves
http://www.blogtalkradio.com/conservativennationradio/2013/10/23/a-just-cause-with-special-guest-exoneree-anthony-c-graves Listen to understand why we are fighting so hard to Free the IRP6!
Dr. Harris & Dr. Kennedy interviews IRP6 Spokesmen
http://www.blogtalkradio.com/realtalk1dr/2013/09/12/real-talk-for-real-solutions

Please share with others!

First and second paragraphs repeated
It is an important human right to be allowed to prove one's innocence. But what happens when the system wants to prevent that? Would the injustice system withhold records the wrongly convicted need to file an appeal?

What happens when a software company with five African American officers and one Caucasian develop software that could revolutionize communication between local and federal law enforcement agencies? After the 9/11 tragedy, Americans repeatedly heard officials blame poor communication between agencies as an excuse for why the plans to attack the Twin Towers and the Pentagon were not foiled although there were warnings. A software company decided to concentrate on developing software that would make it possible for every law enforcement agency to have access to the pertinent information instantly. To show how much the feds appreciated this invention, the software company was raided by the F.B.I., and its principals were arrested on charges that should have been addressed in civil court, if at all. The start-up company had racked up some bills with temporary service companies that supplied personnel who helped build and revise the software. That indebtedness was used as the feds' excuse to raid the software company and arrest its officers. 
(678) 572-0262
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