RALLY, FILE PEOPLE’S OBJECTIONS TO BANKERS’ ATTACK ON DETROIT TUES. APRIL 1, 10 A.M; HUNDREDS HAVE ALREADY FILED

File a People’s Objection to the Plan of Adjustment –  April 1, 2014

Updated on March 25, 2014

All Out April 1 – File your objection in court

10 AM

Federal Courthouse, 231 W. Lafayette St., Detroit

File your objection to the “Plan for the Adjustment of Debts of the City of Detroitand/or “Disclosure Statement With Respect to Plan for the Adjustment of Debts of the City of Detroit”.

The deadline for filing objections to the Disclosure Statement April 1, 2014.

The deadline for filing objections to the Plan of Adjustment is April 28, 2014.

writersJoin the people of Detroit in a mass filing of people’s objections to the Plan of Adjustment and and the Disclosure Statement at the during the Demonstration at the Federal Courthouse in downtown Detroit at 10 am. Most people will only file objections to the Plan of Adjustment. (more)

Download instructions and forms here (updated on 3/25/2014):

People’s Objection Instructions

People’s Objection to the Plan of Adjustment form

Microsoft Word version

PDF version

People’s Objection to the Disclosure Statement form

Microsoft Word version

PDF version

read more: All Out April 1 – File your objection in court

http://detroitdebtmoratorium.org/

Protesters rally against Detroit bankruptcy July 25, 2013 at Coleman A. Young Municipal Center.

Protesters rally against Detroit bankruptcy July 25, 2013 at Coleman A. Young Municipal Center.

BIG MEDIA, JUDGE RHODES IGNORE OVER 200 OBJECTIONS ALREADY FILED BY RETIREES

By Diane Bukowski

March 27, 2013

Protest in downtown Detroit May 9, 2012.
Protest in downtown Detroit May 9, 2012.

DETROIT — Over 200 retirees and other Detroiters have already filed profound and moving individual objections to Detroit Emergency Manager Kevyn Orr’s austerity plan for Detroit retirees and residents in bankruptcy court.

Some are handwritten, some are typed letters and articles, some are statements by groups such as Detroiters Opposing Emergency Managment (D-REM). U.S. Bankruptcy Judge Steven Rhodes, however, has not seen fit to include these on the court’s free website, under its special Detroit subsection. Big media is reporting only on filings by the banks and organizations opposing them, including the retirement systems and unions.

VOD, however, has downloaded each individual objection from the official U.S. Federal Courts PACER website (which charges a fee), so that its readers can hear directly from individual retirees, ALSO FOR FREE. Rhodes is duty-bound to read these objections and consider them during the plan of adjustment hearings ahead.

Below are excerpts copied from these objections. (If hard to read, use “Tools” button on your toolbar to enlarge.)  Below those, VOD is posting a link to each individual objection.Retiree quotes_0001Retiree quotes_0002

 

City retirees protest outside bankruptcy court Aug. 19, 2013.

City retirees protest outside bankruptcy court Aug. 19, 2013.

Retiree quotes 4_0001

Retiree quotes 4_0002

Retiree quotes 4_0003Recent related stories:

http://voiceofdetroit.net/2014/03/28/detroit-declares-war-on-pensioners-proposed-cuts-amount-to-70/ 

http://voiceofdetroit.net/2014/03/26/the-great-6-2-b-revenue-sharing-heist-michigan-municipal-league-report/ 

http://voiceofdetroit.net/2014/03/17/the-plot-against-pensions-pewarnold-foundation-alec-support-banksters-attack/ 

http://voiceofdetroit.net/2014/03/08/detroit-emergency-town-hall-meeting-opposes-bankruptcy-plan-mass-protest-at-court-april-1-sign-objections/

Links to over 200 individual retiree objections, not on free court website: Continue reading

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DETROIT DECLARES WAR ON PENSIONERS; PROPOSED CUTS AMOUNT TO 70%

French workers have turned out in massive rallies all over the country to fight pension cuts by Hollande government.

French workers have turned out in massive rallies all over the country to fight pension cuts by Hollande government.

By Workers World Detroit bureau

February 25, 2014

Emergency Manager Kevyn Orr’s “Plan of Adjustment” is a declaration of war on the city of Detroit’s 20,000 retirees and their pensions. The plan, filed Feb. 21 in the city’s bankruptcy case, calls for a 34 percent cut in monthly pension payments to non-uniformed retirees.

Michigan Gov. Rick Snyder and Detroit EM Kevyn Orr are leading national war on retirees.
Michigan Gov. Rick Snyder and Detroit EM Kevyn Orr are leading national war on retirees.

At a Feb. 22 meeting of the American Federation of State, County and Municipal Employees Retiree Committee, Ed McNeil, assistant to the president of AFSCME Council 25 and AFSCME representative to the “Official Committee of Retirees” created by the bankruptcy trustee, stated that the actual cut in total pension benefits amounts to 70 percent for each city retiree.

Yearly cost-of-living adjustments of 2 percent are to be eliminated. Annuity savings plans, under which pensioners were guaranteed 7.9 percent yearly interest payments on optional contributions to the pension fund, will also be drastically reduced based on alleged overpayments by the Pension Board from 1999 to 2013. The pension cuts are to be applied retroactively to the bankruptcy filing date of June 2013.

Detroit retirees march against bankruptcy austerity program Aug. 19, 2014.
Detroit retirees march against bankruptcy austerity program Aug. 19, 2014.

In addition to cuts in monthly cash payments, which are deferred wages earned by and belonging to city workers, retirees have already had their medical benefits drastically slashed. Life insurance and death benefits are being eliminated. Dental and vision coverage have ended.

Retired Detroit police and firefighters, who don’t get Social Security benefits, are to have their monthly pension checks cut by 10 percent, in addition to the aforesaid annuity reductions and benefit cuts.

Current city employees will have their accrued pension benefits frozen as of July 1. Their credit for pensions based on years worked will stop accumulating as of that date, with the accrued pensions subject to the same reduction as the current retirees.

Threat to public workers everywhere

Tenth AmendmentThe same day EM Orr announced this full-blown attack on city of Detroit retirees, the federal Sixth Circuit Court of Appeals agreed to hear appeals filed by Detroit unions and retirees against the entire bankruptcy filing. These appeals challenge the bankruptcy for violating the Michigan constitution, which states the accrued pensions of public workers cannot be diminished or impaired.

Orr, the bankers and the capitalists he represents want the Detroit bankruptcy to set a precedent for slashing public pensions in the 24 other states that have similar constitutional protections for public workers.

Orr had the audacity to state that the pension cuts for non-uniformed retirees will be reduced from 34 percent to 26 percent, and police and firefighters from 10 percent to 4 percent, if the unions and retiree organizations drop their legal challenges.

DB DIAUnder Orr’s plan, the city, which stopped contributing to the pension plans after the bankruptcy was filed, would not make any contributions until 2023. The reduced pensions are to be funded by a $365 million donation by charitable foundations; a $100 million contribution from the Detroit Institute of Arts, which would remain open under private management pursuant to this deal; and a $350 million contribution from the state of Michigan earmarked to provide some additional benefits to the poorest retirees, also contingent on the unions dropping their opposition. If any of these sources do not make the promised payments, pensions will be slashed even further.

Media misrepresentations

Much of the corporate-owned media tried to portray Orr’s plan as a concession to retirees when compared with other so-called unsecured creditors, holding $537 million in bonds, who will get only 20 cents on the dollar. But pensions are hardly “unsecured credit.” They are deferred wages, owed to city workers for labor already performed, and future payments agreed to in exchange for wage reductions by the workers on numerous occasions in order to preserve city services.

U.S. Pres. Barack Obama plays golf with Robert Wolf, chairman/CEO of UBS AG America, which is getting fully paid on water bonds.
U.S. Pres. Barack Obama plays golf with Robert Wolf, chairman/CEO of UBS AG America, which is getting fully paid on water bonds.

In contrast, in Orr’s plan the city will pay 100 percent of the principal owed on the city’s $5.35 billion Detroit Water and Sewerage Department bonds. The DWSD took out bonds totaling approximately $1 billion in 2011 and 2012, allegedly to raise funds for infrastructure repair.

The local media have not reported that half of this $1 billion in bonds was turned over to JPMorgan Chase, United Bank of Switzerland, Morgan Stanley and Loop Financial as termination fees for an interest rate swap that defaulted based on Gov. Rick Snyder’s declaration of a state of financial emergency for Detroit. (Bloomberg News, Sept.13, 2012)

Other bonds totaling approximately $585 million and backed by state revenue-sharing dollars will also be paid 100 percent. And despite the fact that Orr has challenged the legality of the city’s $1.4 billion in pension obligation certificates, he is offering those holders to settle at 40 percent of value.

Bank foreclosures not even mentioned

Orr’s 440-page statement goes into great depth about the financial crisis which led to the disastrous situation facing Detroit’s neighborhoods. However, it avoids any mention of the banks and their role in causing that crisis or any demands on them for restitution for the destruction they caused.

Orr’s report documents that after Detroit suffered a two-thirds decline in property values from 1970 to 1990 (caused by Chrysler and General Motors’ massive plant closings, also omitted from the report), property values actually increased from 1990 to the mid-2000s as Detroit’s neighborhoods and population stabilized.

In the mid-2000s, however, Detroit, an 85 percent African-American city with a high rate of homeownership, was targeted by the banks with racist, predatory, fraudulent mortgage loans and refinancings. From 2004 to 2006, 73 percent of mortgages written in Detroit were subprime. Oppressed homeowners across the U.S. faced a similar nightmare.

The city’s Planning and Development Department reported in January 2009 that Detroit had the highest home foreclosure rate among U.S. cities, with 67,000 foreclosed properties from 2005 to 2009, 65 percent of which remained vacant. There were at least another 40,000 mortgage foreclosures from 2009 to 2013, on top of tens of thousands of property tax foreclosures. This foreclosure epidemic caused the destruction of Detroit’s neighborhoods and the loss of one-quarter of the city’s population.

The centerpiece of Orr’s program for “revitalizing” Detroit is a massive blight-removal program to demolish 80,000 vacant buildings in the city. But there is not one word about making the banks pay for the devastation they have wreaked. Instead, pensioners are to take deep cuts in their monthly income.

Fightback can reverse this attack

The questions now are whether the retirees will lead the way in taking to the streets in numbers necessary to reverse this anti-working class offensive, and whether the union leadership will mobilize its members nationally to come to Detroit, which is ground zero in the war on public unions and in the austerity imposed by finance capital on the world’s working class.

Emergency Manager Orr’s plan of adjustment has to be approved by U.S. Bankruptcy Judge Steven Rhodes before it is implemented. As in any working-class struggle, it is actions in the streets, not decisions in the court, which will be decisive. It is not too late to turn things around.

For more information, visit moratorium-mi.org and detroitdebtmortorium.org.

Detroit struggle ramps up versus emergency manager

Resistance ramps up against Detroit bankruptcy as role of banks is exposed

Detroit City Council tells EM and banks, ‘No!’

Protesters surround Detroit bankruptcy court

Detroit retirees fight pension theft

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THE GREAT $6.2 B REVENUE SHARING HEIST–MICHIGAN MUNICIPAL LEAGUE REPORT

Protester Sandra Hines demands restoration of state revenue sharing to Detroit during protest at Cadillac Place State Bldg. March 4, 2013.

Protester Sandra Hines demands restoration of state revenue sharing to Detroit during protest at Cadillac Place State Bldg. March 4, 2013.

By Anthony Minghine

Associate Director of Michigan Municipal League

Great Revenue Sharing Heist clearAn article posted from the Michigan Municipal League’s March/April 2014 Review Magazine

There have been a lot of high profile robberies over the years. The Lufthansa robbery, D.B. Cooper highjacking, the Antwerp Diamond Caper…but these crimes look amateurish compared to the state of Michigan’s Great Revenue Sharing Heist. The state has managed to pinch over $6 billion in revenue sharing from local government over the last several years. Those numbers would even get Bernie Madoff’s attention.

Michigan’s broken municipal financing model is almost a cliché. Talking about budget numbers and deficits in the billions of dollars can cause us to lose perspective. The fact is, there are a record number of local governments that find themselves in the midst of a financial crisis. Is it the result of mismanagement, neglect, or incompetence? Or is it the result of a dramatic dis­­­investment by the state in local government? I suggest the latter.

MML Revenue Sharing ChartIn my view, there are three major factors that have led communities to the financial brink: post retirement costs; a steep decline in property values; and a dramatic reduction in state revenue sharing. The third factor will be the focus of this article.

Post retirement costs are a huge issue that locals are grappling with. Change here is difficult at best; local governments are hamstrung with contracts and laws that make transformation slow. The property tax declines local governments have experienced could not have been anticipated to the degree they occurred, and are certainly out of the control of anyone in this state. Statutory revenue sharing, on the other hand, has been unilaterally taken by the state to solve its budget issues. It’s a fact. Revenue sharing is paid from sales tax revenues, which have been a remarkably stable source of income, and have in recent years experienced significant growth.

Breaking Down the Numbers

Hopefully you’ll stick with me, as I’m about to drop the “b” word. From 2003-2013, sales tax revenues went from $6.6 billion to $7.72 billion. Over that same period, statutory revenue sharing declined from over $900 million annually to around $250 million. The state is now in an enviable position—revenues that exceeded expectations. It is posting large surpluses but has failed to take steps to restore local funding.

Pontiac annual revenue sharing lossIn fact, the state is trumpeting its sound fiscal management and admonishing local governments for not being as efficient. What the state fails to mention is that it balanced its own budget on the backs of local communities. This would be like me taking your money to pay my bills, and then telling you that you need to be more responsible with your house-hold budget. In fairness, the state did experience revenue declines out of its control, much like locals experienced with property tax declines. It is different, though, in one important way—local communities couldn’t take money from others and push those tough decisions down to someone else.

What is most shocking is the difference those revenue sharing dollars would have made at the local level. As I stated at the onset of this article, we now have a record number of communities facing financial emergencies. It’s easy to blame local leaders, but you must consider all the facts. In most cases, communities that currently face large deficits would in contrast have general fund surpluses.

Let’s Get Specific: Four Cities’ Cuts

Flint Revenue Sharing lossSo what does it mean to specific com-munities? For Allen Park, an $857,000 deficit in 2012 becomes a surplus of over $5 million and would grow to a projected surplus of $7.3 million by 2014. Hamtramck’s deficit of $580,000 would have been a surplus of $8.7 million. Flint will have lost $54.9 million dollars by the end of 2014. The deficit in its 2012 financial statements is $19.2 million. Flint could eliminate the deficit and pay off all $30 million of bonded indebtedness and still have over $5 million in surplus. In Detroit, a city facing the largest municipal bankruptcy in history, the state took over $700 million to balance the state’s books.

This data begs the question: did municipalities ignore their duty to manage or did someone else change the rules of the game and then throw a penalty flag at them? I see yellow flags all over the playing field. Post-retirement benefits are a huge expense and burden to local government, but we must not ignore the reality—the promises were made with a different expectation from the state as it relates to sharing sales tax revenue with local government. It’s a fact that the state has broken that promise. State leaders excused themselves from making tough choices, instead using local money to pay their bills. In the process, they have created most, if not all, of the financial emergencies at the local level.

Revenue sharing lost MMLThe numbers don’t lie. Revenue sharing is the only factor that anyone has had direct control over during these difficult financial times. It is time for the state to shift gears and start investing in local government again. Hardships at the local level weren’t created by a lack of cooperation or collaboration. I would humbly submit that local governments invented the concept and the state is very late to the table. Local government officials have done, and will continue to do, their part to be prudent managers, but the goal cannot be to hang on and survive. Our goal must be to ensure that our cities are vibrant places that people will choose to live in, and that can only happen if the state fulfills its promise and responsibility to invest where the rubber meets the road, and that is at the local level.

Anthony Minghine is the associate director of the League. You may reach him at 734-669-6360 or aminghine@mml.org. Download article at mml-revenue-sharing-heist-2014.

MML Revenue Sharing Fact Sheet

Michigan’s cities and villages are the centers of our economy. They maintain the infrastructure and services that support the vast majority of our state’s jobs. A recent study found that Michigan’s metropolitan areas account for 89% of the state’s jobs and 88% of its gross domestic product.1 The revenue sharing distribution formula was designed to appropriately compensate the communities that support us all and the higher costs they bear. Therefore, when that formula is underfunded, Michigan’s entire economy suffers. Revenue Sharing Keeps Our Economic Engines Running.

Water from a leaking pipe covers the gymnasium floor at the Caroline Crosman School in Detroit Tuesday, Oct. 29, 2013. How much treated water is lost this way in Detroit is anybody’s guess. Not even the city knows. But the cost is passed on in higher rates to water customers who now face a renewed threat of shut-offs on delinquent bills. The department has announced it will lay off 700 more workers, who are sorely needed to deal with the city's aging water infrastructure. (AP Photo/Paul Sancya)
Water from a leaking pipe covers the gymnasium floor at the Caroline Crosman School in Detroit Tuesday, Oct. 29, 2013. How much treated water is lost this way in Detroit is anybody’s guess. Not even the city knows. But the cost is passed on in higher rates to water customers who now face a renewed threat of shut-offs on delinquent bills. The department has announced it will lay off 700 more workers, who are sorely needed to deal with the city’s aging water infrastructure. (AP Photo/Paul Sancya)

A Michigan Municipal League survey found cuts in revenue sharing have negatively impacted basic community services across Michigan. Capital projects such as street and sidewalk repairs and sewer and water improvements have been postponed; recreation and library programs have been curtailed or eliminated. Perhaps even more startling is that, according to the Michigan Commission on Law Enforcement Standards, there are nearly 2,315 fewer police officers and 1,800 fewer firefighters on the streets of Michigan since the tragedy of September 11, 2001.2

Formula Funding

Revenue-sharing-breakdownRevenue sharing consists of both constitutional and statutory payments. The constitutional portion consists of 15% of gross collections from the 4% sales tax3 distributed to cities, villages, and townships based on their population. This amount is set by the state constitution. The Legislature must appropriate whatever is calculated. It cannot reduce or increase the constitutional portion.

The statutory portion of revenue sharing has traditionally been distributed by a formula, rather than on a per capita basis, to compensate for the significant variation in local governments’ service delivery needs, infrastructure maintenance requirements, and fiscal capacity to generate local tax revenue. Today, the program calls for 21.3% of the 4% sales tax collections to be distributed in accordance with a formula set in Public Act 532 of 1998.

Annual Diverted Revenue Sharing MMLSince state law sets the statutory portion, the governor and Legislature have the ability to adjust the distributed amount. They have increasingly used this ability to cover state budget shortfalls to the detriment of communities, especially during the recent recession when local budgets are already strained by drops in property value. The 1998 formula was designed to be phased in, but due to funding cuts it has never been fully implemented. If fully funded, statutory revenue sharing payments to local governments, including counties, in fiscal year 2014 would have totaled approximately $1.8 billion. Instead, the state kept $689 million, appropriating $1.1 billion to communities. This shortfall is part of a trend totaling nearly $6.2 billion in revenue sharing reductions during the last twelve fiscal years.4

In 2011, the State added requirements for local governments to obtain their statutory revenue sharing payments. Entitled the Economic Vitality Incentive Program (EVIP), locals must now comply with three categories to receive payments. The categories include accountability and transparency, consolidation of services, and unfunded accrued liability plan.

History of Shared Revenue

Michigan cities, villages, and townships receive revenue earmarked by the state constitution and statute to help pay for core governmental services such as police protection, fire service, roads, water and sewer service, and garbage collection. Known as “revenue sharing,” these funds have been tied to restrictions on local taxes. In 1939, an early instance of revenue sharing occurred when a state law removed intangible property from the local property tax base. A state intangibles tax was created and a method put in place to return funds to locals to help with lost revenues. Since that time, additional state taxes such as the sales, income and single business tax have been enacted, while the levy of local taxes has been pre-empted or eliminated. This has been done with a pledge from state officials that a portion of revenues raised from state taxes would be returned to locals—shared—for the provision of essential services.

1Source: RW Ventures, “Michigan’s Metropolitan Areas Fact Sheet”
2Source: Michigan Commission on Law Enforcement Standards and Michigan Professional Firefighters Union
3The additional 2% sales tax created in 1994 is earmarked specifically for schools.
4Source: House Fiscal Agency

Download this fact sheet at 2014-revenue-sharing-factsheet.

Protesters in Birmingham, Ala. denounce increase in sewage rates that was part of Mongtomery County's exit from bankruptcy. JPMorgan Chase, guilty of massive bond fraud, was also forced to cut its debt payments from the County by 75 percent.

Protesters in Birmingham, Ala. denounce increase in sewage rates that was part of Mongtomery County’s exit from bankruptcy. JPMorgan Chase, guilty of massive bond fraud, was also forced to cut its debt payments from the County by 75 percent.

 

 

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12-YEAR-OLD CHILD HANGS HIMSELF AFTER RUBBER-STAMPED CPS SEIZURE FROM FAMILY, PRESCRIPTION OF DRUG RISPERDAL

Tamikia childrenTamikio and dad with Atjamino baby supplies

Tamikia MacGruder and childen's dad Arthur Simmons in the room they have prepared for baby Atjamino  at a new home in a beautiful section of northwest Detroit, as they await the return of all their children, some of whom are seen above. The parents are displaying their baby's food and supplies, while the dad cradles baby's gowns.

Tamikia MacGruder and childen’s dad Arthur Simmons in the room they have prepared for baby Atjamino at a new home in a beautiful section of northwest Detroit, as they await the return of all their children, some of whom are seen above. The parents are displaying their baby’s food and supplies, while the dad cradles baby’s gowns.

Detroit child, with phone cord around neck, found not breathing in Oct 2013; foster father did not call 911, gave him CPR and took him to CHM 

Child on dangerous drug Risperdal; family’s other children, also seized without proper judicial review, on various medications 

Situation parallels seizure and forced medication of Maryanne Godboldo’s daughter; state claimed it would cease such illegal practices

By Diane Bukowski 

March 23, 2013

Hawthorn description of child's suicide attempt, dated 10/11/13.

Hawthorn description of child’s suicide attempt, dated 10/11/13.

DETROIT – The above quote, dated Oct. 11, 2013, is from the records of the Hawthorn Center in Northville, Michigan, regarding a 12-year-0ld child who was taken from his parents less than five months earlier by Child Protective Services workers Desiree Johnson Samantha Burks, and Catina Jones, and placed in foster care. He was put on the dangerous drug Risperdal in May, 2013.

The child’s parents Tamikia McGruder and Arthur Simmons have given permission for release of this information as part of their campaign to be re-united with their six children. They state that they implored CPS not to return the child to his foster father, whom they suspect of child abuse, possibly sexual. They said however that the child was sent back there anyway.

Cornell Squires of We the People for the People.
Cornell Squires of We the People for the People.

Cornell Squires of We the People for the People met with the parents during VOD’s interview.

“This is an emergency situation that Maura Corrigan needs to handle immediately,” Squires said. “The DHS workers and the foster parents have been ignoring the imminent threat to this child’s life by allowing him to remain in foster care. This is part of a pattern and practice that my organization sees all the time, just one of many cases where children are still being stolen by the state so it, the foster care system and the drug companies can profit from federal money. We plan to work with this family to see that they are re-united.”

Hawthorn’s records and those from Children’s Hospital of Michigan (CHM) indicate that the foster father did not call 911 after finding the child not breathing. Ms. McGruder said the foster father told her he instead called Burks, who advised him to take the child to CHM himself.

CHM records; foster father had child eat dinner before taking him to CHM!

CHM records; foster father had child eat dinner before taking him to CHM! Report differs from what foster father earlier told mother, that child was not breathing.

On his admission to Hawthorn Oct. 10, the child told the intake worker he wanted to “go home to my mother’s . . . to get better. . . and to go Trick or Treating on Halloween,” according to the hospital’s records.

A Dr. Patil of the New Oakland Child-Adolescent and Family Center prescribed Risperdal for the child May 9, 2013 according to that hospital’s records.

Prescription for Risperidone, generic term for Risperdal.

Prescription for Risperidone, generic term for Risperdal.

VOD reported earlier during its coverage of the infamous Maryanne Godboldo case that the institution is paid by pharmaceutical companies to conduct drug trials on its young patients. Risperdal (generic Risperidone) has well-known side effects of male breast growth and lactation, bed-wetting, aggression, and depression accompanied by suicidal attempts. The Federal Drug Administration (FDA) has banned its use in children.

Tamikia McGruder with photo of her baby daughter, who was taken from her at the age of two weeks.
Tamikia McGruder with photo of her baby daughter, who was taken from her at the age of two weeks. She calls her “Poo-poo.”

Ms. McGruder and Mr. Simmons said that in fact the child had begun to lactate as a result of the drug, among other side effects, including bed-wetting.

Johnson & Johnson, who market Risperdal, and its subsidiaries have agreed to pay more than $2.2 billion to the U.S. Department of Justice in a lawsuit involving Risperdal and other drugs. The DOJ alleged that J & J paid kickbacks to physicians and that the company was marketing the drugs for uses not approved by the FDA.

“The global resolution is one
of the largest health care fraud settlements in U.S. history, including criminal  fines and forfeiture totaling $485 million and civil settlements with the  federal government and states totaling $1.72 billion,” reported the DOJ in a release.

New Oakland is the same institution where Godboldo took her daughter Ariana after the child, then also 13, experienced problems after receiving vaccinations.  New Oakland also prescribed Risperdal for Ariana. When Godboldo decided to take her off the drug due to its serious side effects, CPS worker Mia Wenk initiated a rubber-stamped seizure of the child which resulted in a horrific SWAT team assault on Godboldo’s home in May, 2011, as she refused to hand her child over.

Maryanne Godboldo's photo on front of T-shirt, part of campaign to stop state theft of children, particularly from poor communities and those of color
Maryanne Godboldo’s photo on front of T-shirt, part of campaign to stop state theft of children, particularly from poor communities and those of color

Ariana was however taken to Hawthorn, where she was held for six weeks while being forced to take Risperdal and several other ant-psychotic drugs. Godboldo was charged with eight felonies, which were recently dismissed for a third time.

“My children are my life-line,” said Ms. McGruder. She has brought her son’s suicide attempt and the lack of proper care afterwards, along with alleged abuse of her other children, to the attention of numerous state officials, including a Mr. Demetrius Starling, DHS district manager, and a Ms. Jones from CPS, both on March 13, and Juvenile Court Referee David Perkins. She has documented her contacts in well-written letters and notes, despite state claims that she is “mentally slow.”

Record of contact with Mr. Starling of DHS regarding child's suicide attempts.

Record of contact with Mr. Starling of DHS regarding child’s suicide attempts.

Her children have nonetheless been removed from the custody of their parents and are awaiting adoption.

“When child was in foster home with foster father, my son (name omitted by VOD) was under heavy medication of Risperdal while he was being sexually advanced by foster father who climbed into bed with my son & kissing him and God knows what else, not knowing he has been holding this in while foster father telling him he will not return home and that my son tried taking his life feeling worthless and not wanting to be on this earth,” Ms. McGruder wrote to a DHS “foster care executive.” She added, “I believe him. I called Ms. Burks all she said was your children has a tendency to lie.”

McGruder docs_0003

She received a letter from Maura Corrigan, Director of the State Department of Human Services, March 5, 2014, indicating that she was having Steve Yager, Deputy Director of Children’s Services Administration, “to investigate your concerns and respond to you with a courtesy copy to me.”

Maura Corrigan and Gov. Rick Snyder at session training new CPS workers.
Maura Corrigan and Gov. Rick Snyder at session training new CPS workers.

VOD has a call and email into Steve Yager, requesting to know the results of his investigation.

CPS workers Johnson and Burks took this child, along with three brothers and a sister, on May 30, 2013, using an “ex parte” order that is rubber stamped with the name “Hon. Karen Braxton.” The name of Judge Leslie Kim Smith, formerly chief judge at Wayne County Juvenile Court, is typed underneath. Smith did actually sign an “Order of Adjudication” on Aug. 12, 2013 related to efforts to permanently remove the children, but that was after the fact of their actual removal.

CPS removal order, rubber-stamped kidnapping.

CPS removal order, rubber-stamped kidnapping.

Thirty-Sixth District Court Judge Ronald Giles and Third Judicial Circuit Court Judge Gregory Bill ruled that such removal orders, issued without proper judicial review, are illegal. VOD first reported this practice on Aug. 3, 2011, during its coverage of the Godboldo custody case.   Detroit Channel 7’s Heather Catallo later followed up, claiming the rubber-stamping had stopped.

Heather Catallo's investigation into rubber-stamped child seizures.
Heather Catallo’s investigation into rubber-stamped child seizures.

“It’s called ‘rubber stamping,  and last August 7 Action News first exposed how court staff were literally stamping a judge’s name onto orders that allowed the state to take kids from their parents,” Catallo reported in 2012. “After our investigations – the rubber stamping stopped – but no one has ever been held accountable — not the judge, not the chief judge or child protective services.”

Two weeks after Ms. McGruder delivered her infant daughter Atjamino on Dec. 22, 2013, the baby was taken to her paternal grandmother’s home. CPS worker Willie Campbell then coerced Ms. McGruder and the grandmother into releasing the baby into CPS custody, under threat of arrest, according to Ms. McGruder.

Ms. McGruder, a home care worker, told VOD that she has been told the father of four of her children, Arthur Simmons, must leave the home before Atjaminio, his own child, can be returned. VOD also interviewed Simmons, a highly articulate and intelligent man who is also a music producer.

Arthur Simmons' photo of his own enlarged and lactating breast on his return home. It had diminished somewhat after he stopped Risperdal.
Arthur Simmons’ photo of his own enlarged and lactating breast on his return home. It had diminished somewhat after he stopped Risperdal.

DHS records actually show that the couple’s children become mannerly and quiet while in the presence of their father, particularly since most of them are boys.

Simmons, who spent time in the state prison system, reported his concern over his son being medicated with Risperdal. He said he himself, along with numerous other prisoners at Adrian Correctional facility, have also been given the drug. He showed VOD shocking photos of large, pendulous breasts on his chest when he returned home. He said the breast development includes lactation, and that the breast tissue, while diminishing after ceasing the drug, still remains permanently.

He has refused to see a psychiatrist recommended by DHS, he said, because he fears once again being prescribed such virulent medications. Ms. McGruder told VOD that when he resisted state workers taking their children during a visit at their school, he was seized and held for two weeks. She said the CPS worker told school security he was “crazy.”

Doctors and drug companies profit from diagnoses of "psychosis" and other disorders.
Doctors and drug companies profit from diagnoses of “psychosis” and other disorders.

Reports on the parents in CPS and other state records indicated they have “undiagnosed” mental health illnesses. In a document related to Simmons’ seizure at the school, he was described as having “psychosis—NOS.” NOS stands for “not otherwise specified.” There is no documentation of any professional diagnosis of such a disorder in the records.

When Searcy took Simmons’ 13-year-old son to CHM for treatment after the suicide attempt, HE reported the biological father was “psychotic,” according to the records, and that the son appeared to have inherited the disorder.

CHM appears to have accepted this non-professional diagnosis without further investigation. Their records show they sent the 13-year-old to Kingswood Hospital. However, Ms. McGruder states she rode in the ambulance with her son and that he was taken to Hawthorn, as that hospital’s records show.

Ms. McGruder and Mr. Simmons say they plan to pursue this situation further through their own attorneys, and with the assistance of We the People for the People, rather than using the attorneys appointed by the Wayne County Juvenile Court. In its earlier coverage of CPS cases, VOD has observed those attorneys to function as adjuncts of the CPS system, not as true defenders of parents and families.

VOD will be following this case as it develops further.

Related stories:

http://voiceofdetroit.net/2011/08/03/another-shock-no-judge-authorized-ariana-godboldos-removal/

http://www.wxyz.com/news/local-news/investigations/removal-order

http://voiceofdetroit.net/2011/08/07/u-s-johnson-johnson-wrongly-marketed-risperdal-to-kids/

http://voiceofdetroit.net/2014/03/15/godboldo-victory-judge-giles-dismisses-criminal-charges-again/

http://voiceofdetroit.net/2011/08/08/tangled-web-in-godboldo-case-drug-cos-private-and-public-agencies-judge-dhs-all-benefit-from-child-abduction/

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FEDERAL JUDGE STRIKES DOWN MICHIGAN’S GAY MARRIAGE BAN

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Winning plaintiff says, “This case is about the protection of our children”

Federal judge: Michigan state amendment barring gay marriage is unconstitutional

Michigan is the latest state in which a federal judge has taken action 

Its attorney general files appeal to stay, overturn judge’s decision

U.S. District Court Judge Bernard Friedman

U.S. District Court Judge Bernard Friedman

By Greg Botelho, CNNMarch 21, 2014 

(CNN) — A federal judge on Friday ruled that Michigan’s prohibition on same-sex marriage violates the U.S. Constitution, ordering the state to stop enforcing the ban

“Today’s decision … affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail,” U.S. District Judge Bernard Friedman wrote.

(To read entire ruling, click on Friedman gay marriage findings of fact.)

Barb Byrum with supporters during run for Ingham County Clerk.

Barb Byrum with supporters during run for Ingham County Clerk.

Friday’s decision is different in that it opens the door for same-sex couples to get marriage licenses in Michigan very soon. Barb Byrum, the elected county clerk for Ingham County and a Democrat, said she is eager and ready to do so once her office opens at 8 a.m. Monday.”This is a wonderful decision,” Byrum said. “Many Michiganders have been waiting for equality in our great state, and I look forward to the opportunity to issue marriage licenses to all loving couples.”

That day may not come so fast. Michigan Attorney General Bill Schuette, a Republican whose term expires later this year, announced Friday evening he’s filed an emergency request for Friedman’s order to be stayed and appealed.

Michigan AG Bill Schuette

Michigan AG Bill Schuette

“In 2004, the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable,” Schuette said. “Michigan voters enshrined that decision in our state constitution, and their will should stand and be respected.”He was referring to the year that voters in Michigan, along with those in 10 other states, passed state constitutional amendments restricting “marriage or (a) similar union” to between one man and one woman.

Whether same-sex couples should be allowed to wed was a hot-button issue then and in subsequent years, with polls showing that most Americans favored restrictions.

Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumley hold up a copy of the Star Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13, in Honolulu. Hawaii's same-sex marriage debate began in 1990 when two women applied for a marriage license, leading to a court battle and a 1993 state Supreme Court decision that said their rights to equal protection were violated by not letting them marry. Now the state is positioning itself for an increase in tourism as visitors arrive to take advantage of the new law, which took effect December 2.

Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumley hold up a copy of the Star Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13, in Honolulu. Hawaii’s same-sex marriage debate began in 1990 when two women applied for a marriage license, leading to a court battle and a 1993 state Supreme Court decision that said their rights to equal protection were violated by not letting them marry. Now the state is positioning itself for an increase in tourism as visitors arrive to take advantage of the new law, which took effect December 2.

But public opinion shifted over time. An ABC News/Washington Post survey released earlier this month found that 59% of Americans favor allowing gay or lesbian couples to legally wed.

Michigan’s amendment, specifically, states the rationale for its restrictions is “to secure and preserve the benefits of marriage for our society and for future generations of children.”

Friedman — like federal judges in other recent, similar cases — ruled Michigan’s ban violates the Equal Protection Clause in the U.S. Constitution’s 14th Amendment.

Cory Booker, then-Newark mayor, officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall early Monday, October 21, 2013. The New Jersey Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry in the state on October 21

Cory Booker, then-Newark mayor, officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall early Monday, October 21, 2013. The New Jersey Supreme Court denied the state’s request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry in the state on October 21

He said, “The court finds the (Michigan Marriage Amendment) impermissibly discriminates against same-sex couples in violation of the Equal Protection Clause because the provision does not advance any conceivable state interest.”

The plaintiffs in the Michigan case, April DeBoer and Jayne Rowse, sued in part because Michigan law also “restricts adoptions to either single persons or married couples.” They had hoped to jointly adopt three children under their care.

Friday’s ruling, then, would seem to open the door to same-sex couples jointly adopting children, since now they could be legally married.

In the ruling, Friedman cited the Supreme Court’s landmark decisions last June rejecting parts of the Defense of Marriage Act while ruling same-sex spouses legally married in a state may receive federal benefits.

SAN FRANCISCO, CA - JUNE 26:  A couple celebrates upon hearing the U.S. Supreme Court's rulings on gay marriage in City Hall June 26, 2013 in San Francisco, United States. The high court struck down DOMA, and will rule on California's Prop 8 as well.  (Photo by Justin Sullivan/Getty Images)

SAN FRANCISCO, CA – JUNE 26: A couple celebrates upon hearing the U.S. Supreme Court’s rulings on gay marriage in City Hall June 26, 2013 in San Francisco, United States. The high court struck down DOMA, and will rule on California’s Prop 8 as well. (Photo by Justin Sullivan/Getty Images)

The justices didn’t go as far as saying that all states must allow such marriages to take place within their borders, but a number of lower federal courts did subsequently step into the fray.

Loving v VirginiaIn addition to United States v. Windsor, Friedman also pointed to Loving v. Virginia — in which the Supreme Court ruled that Virginia’s ban on interracial marriages was unconstitutional.

“Both the Windsor and Loving decisions stand for the proposition that, without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence,” the judge wrote.

Keeping their own family together is and was DeBoer and Rowse’s No. 1 goal, they said.

“Jayne and I do want to get married, but this case is about the protection of our children,” a joyful DeBoer said. “It is not about individuals, it is not about her or my relationship. It is about ensuring that our children will remain together no matter what happens to her and I.”

CNN’s Carma Hassan contributed to this report.

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Related stories from CNN:

New Jersey judge paves way for same-sex marriages

Kerry: Same-sex spouses’ visas will get equal treatment

Midnight vows: Same-sex couples ring in new lives

Process begins to allow federal benefits

Same-sex spouses entitled to federal benefits

California’s Proposition 8 appeal dismissed

Daughter fights to validate her marriage

The woman at the center of case

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MICH. REPS OLUMBA, SANTANA HELP PASS PRO-EAA BILL; SEATS FROM DETROIT COURTS REMOVED

Rally against EAA at Eastern Michigan University.

Rally against EAA at Eastern Michigan University.

(Note from VOD: this shocking development shows why Detroiters and state residents must move BEYOND electoral politics to direct action to save their city and state. VOD has long raised the need for a NATIONAL MARCH ON DETROIT, A NATIONAL STRIKE TO SAVE THE CITY THAT IS THE BIRTHPLACE OF THE UNION MOVEMENT, AND A BOYCOTT OF MAJOR MICHIGAN BUSINESSES.)

Sherry Gay-Dagnogo is applauded at Detroit City Council meeting Aug. 30, 2012 for her remarks on campaign for equal treatment for Black and Latin majority school districts.
Sherry Gay-Dagnogo is applauded at Detroit City Council meeting Aug. 30, 2012 for her remarks on campaign for equal treatment for Black and Latin majority school districts.

By Sherry Gay-Dagnogo, M. Ed.

March 21, 2014

“Power Concedes Nothing Without A Demand!” –Frederick Douglass

I love the quote by Frederick Douglass “Power Concedes Nothing Without A Demand!” I suppose if I were to offer one amendment, it would be the inclusion of “A Collective” Demand. With the attacks we’re facing in Michigan, it will take a coalition of men and women that will unite around a common agenda which protects our children, seniors, labor, and democracy.Dr. King said “In the End, we will remember not the words of our enemies, but the silence of our friends.” – Martin Luther King, Jr.

Yesterday’s passage of HB 4369 (EAA Expansion) is disappointing, and the encroachment upon our justice system to remove seats from 36th District Court and Third Circuit Court. So here we are, a place to mark in Detroit’s history where many have either become numb to the ongoing attacks resulting in the greatest loss of power we’ve know since the Civil Rights movement, or they refuse to speak out for fear of retribution.

EAA Passes House Amid Passionate Debate (Excerpt from MIRS)

After weeks of behind-the-scenes talks, it was two Detroiters today who helped get a bill through the House that could one day allow the Education Achievement Authority (EAA) to operate in more schools.

State Reps. John Olumba and Harvey Santana, both D-Detroit, sold out Michigan students with their vote on the EAA.
State Reps. John Olumba and Harvey Santana, both D-Detroit, sold out Michigan students with their vote on the EAA.

After fierce attacks from Democrats, members voted 56-54 for HB 4369, which supporters say would provide the state with more options for trying to turnaround failing schools that find themselves in the State School Reform/Redesign District (SSRRD).

The only non-Republican votes in those 56 — the minimum needed to get a bill through House — came from Reps. John OLUMBA (I-Detroit) and Harvey SANTANA (D-Detroit)

And they both spoke out in favor of the bill on the House floor today.

Much of the focus of their comments was that lawmakers needed to move beyond the political discourse to take definitive action to help students in failing schools.

Detroit educational leaders adamantly oppose EEA during forum Aug. 2, 2012. Detroit School Board member Elena Herrada is speaking,

Detroit educational leaders adamantly oppose EEA during forum Aug. 2, 2012. Detroit School Board member Elena Herrada is speaking,

The EAA, which features a longer school day and a longer calendar, has “great possibilities,” Olumba argued.

Santana said the system isn’t perfect, but is “progress.”

“I refuse to play politics with our children’s future,” he said at one point.

Olumba, Santana and a handful of amendments helped get a bill through the House today that had been waiting since December.

It’s a bill that has the support of Gov. Rick SNYDER, who touted the House’s vote in a press release.

Michigan Gov. Rick Snyder and his appointed Detroit EM Kevyn Orr announce disastrous filing of bankruptcy for Detroit July 28, 2013.
Michigan Gov. Rick Snyder and his appointed Detroit EM Kevyn Orr announce disastrous filing of bankruptcy for Detroit July 28, 2013.

“The legislation expands opportunities for intermediate and local school districts to be involved in turnaround efforts as well as offers innovative options like the Education Achievement Authority and charter public schools,” Snyder said.

“These changes will encourage innovation, including longer school days and calendars, to help students in struggling schools reach their full potential.”

But Democrats see the bill as merely an attempt to expand the EAA’s reach across the state. The EAA, which currently operates 15 schools in Detroit through an interlocal agreement with Eastern Michigan University, hasn’t proven its self, the Democrats said.

State Rep. Theresa Abed/Facebook
State Rep. Theresa Abed/Facebook

On the floor, Rep. Theresa ABED (D-Grand Ledge) labeled the EAA an “experiment gone bad.” And Rep. Doug GEISS (D-Taylor) said the authority has “achieved nothing.”

Rep. Brian BANKS (D-Harper Woods) also spoke against the bill.

“As a parent, as an aunt, as an uncle, would you send your child to the EAA?” Banks asked his colleagues. “Would you send your children to a school that has multiple safety concerns, failing academics, high teacher turnover?

“I think we know the answer, Mr. Speaker, and the answer is no.”

I ask…Where is our leader? Where is our collective voice? Everything thing that has been fought for; our basic freedom and liberties are being rescinded with the push of one legislative button.

I shall never forget March 20, 2014 for as long as I live. But now we must move forward with an even greater resolve to ensure Democratic victory 2014. I strongly believe #TogetherWeCan. I hope you will join me Thursday, April 10, 2014, 5:30 p.m., Hustle & Flow, T.U.L.C. 8670 Grand River, Detroit, MI. Donation: $20.14. 

Opponents to the Education Achievement Authority march in front of Welch Hall on Cross Street at Eastern Michigan University in Ypsilanti December, 2013. Many were members of the American Association of University Professors. Photo: AANews

Opponents to the Education Achievement Authority march in front of Welch Hall on Cross Street at Eastern Michigan University in Ypsilanti December, 2013. Many were members of the American Association of University Professors. Photo: AANews

MEAP COHORT DATA REVEAL STAGNATION AND DECLINE IN EAA STUDENT TEST ACHIEVEMENT

Results contradict EAA’s previous claims of phenomenal growth

Dr. Thomas Pedroni speaks at Lansing rally against Michigan EAA.
Dr. Thomas Pedroni speaks at Lansing rally against Michigan EAA.

“The 2013 MEAP cohort data show us, convincingly, that most EAA students failed to make even marginal progress toward proficiency. The portrait is even grimmer for the small number of students who had entered the EAA already demonstrating proficiency. In math, 66% are no longer proficient. In reading, 37% are no longer proficient.”

By Dr. Thomas C. Pedroni

March 3, 2014

For better view of graphs, which did not copy in color, see original article at: https://sites.google.com/site/detroitdataanddemocracyproject/MEAP-Cohort-Data-Reveal-Stagnation-and-Decline-in-EAA-Achievement

2013 MEAP cohort data published Friday by the Michigan Department of Education provide a stark contrast to EAA claims, dating back to February 2013, of fantastic student achievement gains on its quarterly performance assessment.

EAA FailedBecause the cohort data enable MDE to track individual student progress from year to year, they provide us with the most reliable picture of student test performance and test score growth over time.  Unlike proficiency scores that tell us the proportion of students who met MDE’s proficiency cut score, cohort data use students’ mean scale scores to chart student growth.  Since mean scale scores are based on students’ raw test scores, they give us a picture of student achievement test growth even if students have not yet obtained proficiency.

The cohort data are especially important because, as the EAA has rightly maintained, students who start out so far behind might take a few years to reach the proficiency cut score, even if they are making steady progress from year to year.  Thus, while proficiency rates are not a good measure of whether or not the EAA’s students are progressing on tested curriculum, the cohort data are.

So what do the cohort data tell us?

In all, MDE successfully matched 1,377 students from their 2012 math MEAP performance to their 2013 math MEAP performance, and 1400 students from their 2012 reading MEAP performance to their 2013 reading MEAP performance.  The matched math and reading cohorts, according to MDE, constituted 86.8% and 87.7% respectively of all 2013 EAA testers on those two tests.

The tracking of those students shows us, convincingly (see Table I and II below), that the majority of EAA students failed to demonstrate even marginal progress toward proficiency on the State’s MEAP exams in math and reading.  Among students testing this year who did not demonstrate proficiency on the MEAP math exam last year, 78.3% showed either no progress toward proficiency (44.1%) or actual declines (34.2%).  In reading, 58.5% showed either no progress toward proficiency (27.3%) or actual declines (31.2%).

EAA Table I Math

EAA all bldgsEAA readingEAA reading performanceThe portrait is even grimmer for the small number of students who had entered the EAA already demonstrating proficiency on the MEAP.

During the 2013 administration of the MEAP math test, there were a total of only 56 test-takers who had scored proficient the year before.  Of those 56 students, only 10 stayed at the same level of proficiency or improved (see Table I). That means that 46 of those 56 previously proficient students actually declined—became less proficient.   26 of those 56 had what the MDE terms significant declines.  Another way of saying this is that of those 2013 test takers who had scored proficient the year before, 82.1% declined in proficiency in just one year with the EAA.  Only 7.1% increased in proficiency, while 10.7 percent stayed the same.

In fact, only 19 of the 56 students who tested as proficient in math in 2012 remain proficient now.  37 children—two thirds of those previously proficient—have gone far enough the wrong way on the tested curriculum to no longer be considered proficient (see Table III).  Among the students who entered the EAA already proficient in reading, 37% are now no longer proficient (see Table IV).

TABLE IV.

EAA math transition

NOTE: 1377 students (86.8%) were successfully matched from Fall 2012 to Fall 2013

Source: Michigan Department of Education

EAA reading 3

The cohort data, as mentioned earlier, contrast markedly with the EAA’s claims of unprecedented student academic growth on the EAA’s quarterly Performance Series tests.  According to the EAA, those tests demonstrated that in the 2012-2013 school year alone, “64% of students across all 12 schools that are directly run by the Education Achievement Authority achieved a year or more’s growth in reading, and 58% achieved 1.5 year’s growth or more.”  Furthermore, “68% of students across the 12 direct run schools achieved a year or more’s growth in math with 59% achieving 1.5 year’s growth or more.”

Despite research dating back to last May that raised serious questions about the validity of those claims, the EAA has highlighted its achievement claims in advertisements and other promotions to help it fight its 24% enrollment slide after its first year of operation.  It has been aided in its recruitment efforts by Excellent Schools Detroit, which publishes an annual school report card to help families choose schools for their children.  Despite being aware of critics’ concerns, ESD praised the six EAA elementary schools, calling their claimed progress “promising”.

Charter schools advocate Doug Ross, Carol Goss of Skillman Foundation and former DPS EFM Robert Bobb at 2010 meeting of Excellent Schools Detroit. Goss later became VP of the EAA. Photo: Diane Bukowski
Charter schools advocate Doug Ross, Carol Goss of Skillman Foundation and former DPS EFM Robert Bobb at 2010 meeting of Excellent Schools Detroit. Goss later became VP of the EAA. Photo: Diane Bukowski

Although Excellent Schools Detroit advertises itself to Detroit’s families as an objective source of school data compiled to help families in pinpointing and selecting quality schools for their children, the connections between ESD and the EAA suggest a much closer relationship.  The current Chair of both EAA administrative boards, Carol Goss, incubated and funded Excellent Schools Detroit in 2010 in her capacity as CEO and President of the Skillman Foundation. 

Eli and Edythe Broad of the anti-public schools Broad Foundation.
Eli and Edythe Broad of the anti-public schools Broad Foundation.

Goss, who also served as ESD Chair until December 31, 2013, serves on the three-member board of the Michigan Education Excellence Foundation, through which funds are funneled from the Broad Foundation, the Bloomberg Foundation, and others, to the EAA.  Both ESD and the EAA are reported to have a fiduciary relationship with the Michigan Education Excellence Foundation, although ESD CEO and President Dan Varner insists that ESD does not have such a fiduciary relationship.  Five current or recent ESD board members, including EAA Chancellor Covington and Goss, who served as ESD Chair until December 31, 2013, currently serve or have recently served on the EAA board.

The staggered release of the MEAP data is also noteworthy.  While the public only gained access to the results of the MEAP this past Friday, February 28, State Superintendent Michael Flanagan shared with me via personal email that school district administrators, including EAA administrators, had received the MEAP results on January 27. 

John Covington
John Covington

According to a member of the State Board of Education, Flanagan had already decided to terminate the exclusivity agreement between the MDE’s State School Reform/Redesign Office and the EAA by February 5, although this announcement was not made public until February 18.  February 5 is also around the time that Republican legislators initiated a sudden aggressive push for passage of HB 4369—legislation that would codify and expand the EAA, but that had been languishing in the legislature for over a year due to insufficient votes for passage.

EAA observers have speculated that these moves by Flanagan and Republican legislators were at least in part instigated by their awareness of what the MEAP cohort data revealed about the EAA’s performance.  Flanagan, admirably, asked EAA Chancellor John Covington for an immediate voluntary termination of the EAA’s exclusivity agreement with the State School Reform/Redesign Office.  When Covington did not respond to this request, Flanagan went public on February 18 with a letter giving the EAA the required one-year notice for termination of the exclusivity agreement.

The specter of student stagnation and decline in the EAA provided by the MDE’s MEAP cohort data fits well with what we know of the EAA’s learning environment based on numerous published accounts from current and former EAA teachers.  At the same time, the cohort data further undermine the EAA’s insistence that their students have made unprecedented gains in academic achievement in tested curriculum.

Related articles:

Michigan cancels EAA’s exclusive responsibility for state’s failing schools
From The Detroit News Feb. 19, 2014
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EXPERT PILOT TRACKS MALAYSIAN PLANE WITH PLAUSIBLE BUT TRAGIC SCENARIO

Missing Malaysia Flight 370

Missing Malaysia Flight 370, captain was experienced and a human rights defender.

Deborah DupreDeborah Dupre Human Rights Examiner

March 18, 2014

Ten days of the missing Malaysia Airlines Flight 370 have spawned speculations and investigations related to its passengers, pilots, ground crew, geopolitics and hijacking scenarios. Today, ten days later, using known data, a seasoned pilot provides on Google+, picked up by Wired Magazine, the most logical, albeit devastating, theory regarding where the plane is.

13,000-foot Runway at Pulau Langkawi

We know the basic MH370 story: A loaded Boeing 777 departed March 8 on a hot midnight from Kuala Lumpur, headed to Beijing. Approximately one hour out, across the gulf toward Vietnam, the plane’s transponder and secondary radar tracking shut down.

Anyone following the story knows the Malaysian military radar tracked the plane on a southwesterly course back across Malay Peninsula into the Strait of Malacca. Malaysians headed back.

Transponders/Communications Loss ‘Perfect Sense’

The left turn is the key to Chris Goodfellow, with 20 years experience as a Canadian Class-1 instrumented-rated pilot for multi-engine planes.

Capt. Zaharie Ahmad Shah with family.
Capt. Zaharie Ahmad Shah with family.

Capt. Zaharie Ahmad Shah, a well-loved and respected human rights defender, was a very experienced senior captain with 18,000 hours of flight time.

“We old pilots were drilled to know what is the closest airport of safe harbor while in cruise,” says Chris Goodfellow. ”Airports behind us, airports abeam us, and airports ahead of us. They’re always in our head. Always.

“If something happens, you don’t want to be thinking about what are you going to do–you already know what you are going to do. When I saw that left turn with a direct heading, I instinctively knew he was heading for an airport.”

Runway at
Runway at Palau Langkawi

Captain Zaharie Ahmad Shah was flying a direct route to Palau Langkawi, a 13,000-foot airstrip with an approach over water and no obstacles, Goodfellow says.

He did not turn back to Kuala Lumpur because he knew that terrain was hostile: 8,000-foot ridges to cross. He knew he was closer to Langkawi. [See this airport on Google Earth.]

Goodfellow says that Captain Shah did all the right things when confronted by a major event onboard.

Pilot Chris Goodfellow
Pilot Chris Goodfellow

“For me, the loss of transponders and communications makes perfect sense in a fire,” Goodfellow says. “And there most likely was an electrical fire. In the case of a fire, the first response is to pull the main busses and restore circuits one by one until you have isolated the bad one.

“If they pulled the busses, the plane would go silent. It probably was a serious event and the flight crew was occupied with controlling the plane and trying to fight the fire. Aviate, navigate, and lastly, communicate is the mantra in such situations.”

Two Types of Fires, One Incapacitating Type of Smoke

One type of fire is electrical – not as fast and furious, with or without incapacitating smoke. Goodfellow shows how a fire explains every aspect known about MH370 and its capable pilot.

One possibility he says is an overheat on one of the front landing gear tires, it blew on takeoff and started slowly burning.

Nigeria Airways Flight 2120
Nigeria Airways Flight 2120

“Yes, this happens with underinflated tires,” Goodfellow says. “Remember: Heavy plane, hot night, sea level, long-run takeoff. There was a well known accident in Nigeria of a DC8 that had a landing gear fire on takeoff. Once going, a tire fire would produce horrific, incapacitating smoke.

“Yes, pilots have access to oxygen masks, but this is a no-no with fire. Most have access to a smoke hood with a filter, but this will last only a few minutes depending on the smoke level. (I used to carry one in my flight bag, and I still carry one in my briefcase when I fly.)

“What I think happened is the flight crew was overcome by smoke and the plane continued on the heading, probably on George (autopilot), until it ran out of fuel or the fire destroyed the control surfaces and it crashed.

Inferno in region.
Inferno in region.

One might also remember that massive infernos have blazed across the region. Fire and smoke in the entire region has been so severe, major airports have since been closed.

Tragically, Goodfellow says MH370 would be found along that route and “looking elsewhere is pointless.”

He says the last words from MH370, “good night,” strongly indicates all was OK on the flight deck as far as the crew knew at that time.

“Remember, there are many ways a pilot can communicate distress. A hijack code or even transponder code off by one digit would alert ATC that something was wrong. Every good pilot knows keying an SOS over the mike always is an option. Even three short clicks would raise an alert.

He says, unknown to the pilots at that point, things were probably in the process of going wrong. Continue reading

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THE PLOT AGAINST PENSIONS: PEW/ARNOLD FOUNDATION, ALEC SUPPORT BANKSTERS’ ATTACK

Detroit pensions photo

THE PLOT AGAINST PENSIONS

The Pew-Arnold campaign to undermine America’s retirement security – and leave taxpayers with the bill

News Release
What the Media Are Saying

Plot against Pensions photoThis report evaluates both the general state of the national debate over pensions and the specific effects of the partnership between the Pew Charitable Trusts’ Public Sector Retirement Systems Project and the Laura and John Arnold Foundation.

Full report at Plot-Against-Pensions-final

Here is a summary of the report’s findings:

Finding: Conservative activists are manufacturing the perception of a public pension crisis in order to both slash modest retiree benefits and preserve expensive corporate subsidies and tax breaks.

1214 Griswold Apartments developers linked to Detroit multi-billionaire Dan Gilbert grin at United Community Housing Coalition Director Ted Phillips as he assures City Council, voting on a tax abatement for the developers, that displaced Black, senior and disabled Sec. 8 tenants will be taken care of.
1214 Griswold Apartments developers linked to Detroit multi-billionaire Dan Gilbert grin at United Community Housing Coalition Director Ted Phillips as he assures City Council, voting on a tax abatement for the developers, that displaced Black, senior and disabled Sec. 8 tenants will be taken care of.

States and cities have for years been failing to fully fund their annual pension obligations. They have used funds that were supposed to go to pensions to instead finance expensive tax cuts and corporate subsidies. That has helped create a real but manageable pension shortfall. Yet, instead of citing such a shortfall as reason to end expensive tax cuts and subsidies, conservative activists and lawmakers are citing it as a reason to slash retiree benefits.

Finding: The amount states and cities spend on corporate subsidies and so-called tax expenditures is far more than the pension shortfalls they face. Yet, conservative activists and lawmakers are citing the pension shortfalls and not the subsidies as the cause of budget squeezes. They are then claiming that cutting retiree benefits is the solution rather than simply rolling back the more expensive tax breaks and subsidies.

City Council gave Detroit billionaire  Mike Illitch a new tax-free Red Wings hockey stadium and adjacent private developments at a cost of at least $881 million, 61 percent publicly-funded. An estimated $536 million would come from tax increments including school, library, city, county and state taxes.
City Council gave Detroit billionaire Mike Illitch a new tax-free Red Wings hockey stadium and adjacent private developments at a cost of at least $881 million, 61 percent publicly-funded. An estimated $536 million would come from tax increments including school, library, city, county and state taxes.

According to Pew, public pensions face a 30-year shortfall of $1.38 trillion, or $46 billion on an annual basis. This is dwarfed by the $80 billion a year states and cities spend on corporate subsidies. Yet, conservatives cite the pension shortfall not as reason to reduce the corporate subsidies and raise public revenue, but instead as proof that retiree benefits need to be cut.

Finding: The pension “reforms” being pushed by conservative activists would slash retirement income for many pensioners who are not part of the Social Security system. Additionally, the specific reforms they are pushing are often more expensive and risky for taxpayers than existing pension plans.

Whether “cash balance” schemes or 401(k) style defined contribution plans, many of the pension “reforms” being championed by conservative activists risk incurring more costs and increasing risks for taxpayers.

Laura and John Arnold, a former Enron billionaire who helped gut employees' pensions there.
Laura and John Arnold, a former Enron billionaire who helped gut employees’ pensions there.

Finding: The Pew Charitable Trusts and the Laura and John Arnold Foundation are working together in states across the country to focus the debate over pensions primarily on slashing retiree benefits rather than on raising public revenues.

Pew’s Public Sector Retirement Systems Project and the Laura and John Arnold Foundation are working in tandem on public pension policy to manufacture the perception of crisis and press for cuts to guaranteed retirement income. This campaign has played an integral role in states passing legislation that cuts guaranteed retirement income – all while those states preserve more expensive corporate subsidies.

Finding: The Laura and John Arnold Foundation is run by conservative political operatives and funded by an Enron billionaire.

Bad Lay PostJohn Arnold is an Enron billionaire whose only major experience with pension management was his role in a company that decimated public pension funds. Well-known conservative political operatives and consultants run his foundation.

Finding: The techniques used by conservative activists to gain public support to privatize the public pensions that public workers have instead of Social Security are, if successful, likely to be used in efforts to privatize Social Security in the future.

The current campaign to slash public pension benefits has relied on many of the same PR strategies as President Bush’s earlier campaign to privatize Social Security. In that sense, the campaign against public pensions is an exercise in perfecting methods that manufacture the perception of a crisis – and then result in cuts to guaranteed retirement income. If the state-based crusade against public pensions is successful, it will probably fuel a renewed effort to privatize Social Security.

About the Report

Dont privatize social securityThis report was commissioned by the Institute for America’s Future (IAF), a nonpartisan 501(c)(3) research and education institution devoted to new thinking and progressive economic ideas. This report benefited from resources, information, data and research from (among others) the National Public Pension Coalition, the Center for Economic and Policy Research, the Institute for Taxation and Economic Policy, the Center for American Progress, the Economic Policy Institute and Good Jobs First.

The author, David Sirota is a journalist, nationally syndicated newspaper columnist and the bestselling author of Hostile Takeover (2006), The Uprising (2008) and Back to Our Future (2011). Sirota’s research assistant on this project was journalist Zaid Jilani.

http://ourfuture.org/plotagainstpensions 

ALEC and TIAA-CREF JOIN THE ASSAULT ON PUBLIC PENSIONS

October 21, 2013

Isaiah-J_-Poole_avatar_1376533318-60x60By Isaiah J. Poole

The right-wing American Legislative Exchange Council has jumped into the conservative effort to dismantle public pension systems in a big way, making it one of its top 2014 legislative priorities, a public pension advocacy group has warned.

The National Public Pension Coalition, which represents public sector employees, in a statement today flagged ALEC’s entry into the public pension battle as a threat to the financial security of millions of state and local public employees.

Detroit retirees protest theft of their pensions at bankruptcy court. Photo/Popular Resistance
Detroit retirees protest theft of their pensions at bankruptcy court. Photo/Popular Resistance

It’s an escalation of the campaign against public pensions highlighted in the Institute for America’s Future Report, “The Plot Against Pensions.” That report focuses on the work of a foundation founded by John Arnold, a former Enron executive, and a public pensions project of the Pew Charitable Trusts to promote the notion that there is a public-pension “crisis” that can only be solved by substituting these pension programs for programs that shift risks to workers, eliminate benefit guarantees and create new profit streams for Wall Street money managers. “Studies” that take advantage of the Pew reputation as a reputable, unbiased source of information have encouraged several states to take actions to privatize their retirement systems that, as the report points out, leaders in some of those states have already begun to regret.

Mass protest outside ALEC's 2013 convention in Chicago.
Mass protest outside ALEC’s 2013 convention in Chicago.

ALEC set the stage for its own intervention into the public pension debate with a report in August that encouraged states to convert their public pension (“defined benefit”) plans into 401(k) plans or other “defined contribution” plans. The report said that the “unfunded liabilities” incurred by state pension plans could range anywhere from “$750 billion to more than $4 trillion.” To address the shortfall, the report concludes, “There is ample evidence to suggest that legislators should move from defined-benefit systems to properly designed alternatives, such as defined-contribution, cash-balance, or hybrid plans.”

That report was followed by a paper issued earlier this month by TIAA-CREF Institute, the research arm of the Teachers Insurance and Annuity Association–College Retirement Equities Fund, which markets the kind of plans that ALEC wants states to move to. That paper was written by an associate of the Laura and John Arnold Foundation, and asserts that a defined-contribution plan is not necessarily more expensive for workers and taxpayers than a defined-benefit pension plan.

Protest outside Detroit Mayor's State of the City address.
Protest outside Detroit Mayor’s State of the City address.

That assertion has not been borne out by many of state states that have switched to defined contribution plans. “When states have adopted pension overhaul legislation, they have found that it came at a significant cost,” according to the National Public Pension Coalition statement. “Alaska and Michigan went down that road and saw their pension debts increase. West Virginia adopted a 401(k)-like plan for public employees in 1991, but reversed course in 2006 after a report found that public employees had such low incomes in retirement that they were eligible for means-tested public programs, driving up costs to the state.”

Also, the Plot Against Pensions report notes that in Rhode Island, which Arnold and ALEC hold up as their model for how the system should be remade, costs were driven up so much by fees to Wall Street money managers that even the business-friendly Forbes magazine called it “just a blatant Wall Street gorging.”

Absent from the ALEC report, as well as from the materials Arnold and Pew have sent around the country, is the fact that the amount of money needed to close any shortfalls in the pension systems and give them long-term sustainability could be easily raised by closing tax loopholes to corporations and the wealthy. Pew’s Public Sector Retirement Project estimates that public pensions face a 30-year shortfall of $1.38 trillion, or about $46 billion a year. (Notably, ALEC’s report does not offer a time frame for its shortfall estimates that would put the numbers in proper context.) That $46 billion compares to the estimated $80 billion a year that states and cities spend on corporate subsidies, many of which provide no demonstrable economic benefit beyond those receiving the subsidy.

Not only is securing a decent retirement for state workers, using funds that are often invested in projects that serve the public interest, a more efficient use of tax dollars than many of these tax giveaways to the wealthy, but a key argument ALEC and other conservatives use to justify dismantling public pensions has it exactly backwards. The ALEC report notes that most private companies have shifted from pensions to 401(k) plans, and questions why public employees should retain a benefit that private sector employees have all but lost. As employees who lost as much as 25 percent or more of their 401(k) balances as a result of the 2008 recession could attest, we should be fixing, not destroying, public pensions and holding those up as a model for how we can help restore retirement security to private sector workers.

http://ourfuture.org/20131021/alec-and-tiaa-cref-join-the-assault-on-public-pensions

Protest outside Detroit bankruptcy court.

Protest outside Detroit bankruptcy court.

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CRIMEANS VOTE OVERWHELMINGLY TO JOIN RUSSIA TO COUNTER NAZI COUP IN UKRAINE

People celebrate as they wait for the announcement of preliminary results of today's referendum on Lenin Square in the Crimean capital of S Over 95 percent of voters in the Crimean referendum have answered ‘yes’ to the autonomous republic joining Russia and less than 4 percent of the vote participants want the region to remain part of Ukraine, according to preliminary results.  With over 75 percent of the votes already counted, preliminary result show that 95.7 percent of voters said 'yes' to the reunion of the republic with Russia as a constituent unit of the Russian Federation.   The overall voter turnout in the referendum on the status of Crimea is 81,37%, according to the head of the Crimean parliament’s commission on the referendum, Mikhail Malyshev.   The preliminary results of the popular vote were announced during a meeting in the center of Sevastopol, the city that hosts Russia's Black Sea fleet.   Over a half of the Tatars living in the port city took part in the referendum, with the majority of them voting in favor of joining Russia, reports Itar-Tass citing a representative of the Tatar community Lenur Usmanov. About 40% of Crimean Tatars went to polling stations on Sunday, the republic’s prime minister Sergey Aksyonov said.   In Simferopol, the capital of the republic, at least 15,000 have gathered to celebrate the referendum in central Lenin square and people reportedly keep arriving. Demonstrators, waving Russian and Crimean flags, were watching a live concert while waiting for the announcement of preliminary results of the voting.   Russian President Vladimir Putin said that the citizens of the peninsula have been given an opportunity to freely express their will and exercise their right to self-determination.   International observers are planning to present their final declaration on the Crimean referendum on March 17, the head of the monitors’ commission, Polish MP Mateush Piskorski told journalists. He added that the voting was held in line with international norms and standards.   Next week, Crimea will officially introduce the ruble as a second official currency along with Ukrainian hryvna, Aksyonov told Interfax. In his words, the dual currency will be in place for about six months.   Overall, the republic’s integration into Russia will take up to a year, the Prime Minister said, adding that it could be done faster. However, they want to maintain relations with “economic entities, including Ukraine,” rather than burn bridges.   Moscow is closely monitoring the vote count in Crimea, said Russia’s Deputy Foreign Minister Georgy Karasin.   “The results of the referendum will be considered once they are drawn up,” he told Itar-Tass.   The decision to hold a referendum was made after the bloody uprising in Kiev which ousted President Vladimir Yanukovich from power. Crimea - which is home to an ethnic Russian majority population - refused to recognize the coup-appointed government as legitimate. Crimeans feared that the new leadership would not represent their interests and respect rights. Crimeans were particularly unhappy over parliament's decision to revoke the law allowing using minority languages – including Russian – as official along with the Ukrainian tongue. Crimeans staged mass anti-Maidan protests and asked Russia to protect them.   imferopol March 16, 2014 (Reuters / Thomas Peter)

People celebrate as they wait for the announcement of preliminary results of today’s referendum on Lenin Square in the Crimean capital of Simferopol March 16, 2014 (Reuters / Thomas Peter)

 

95.7% of Crimeans in referendum voted to join Russia – preliminary results

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March 16, 2014

95 percent of voters in the Crimean referendum have answered ‘yes’ to the autonomous republic joining Russia and less than 4 percent of the vote participants want the region to remain part of Ukraine, according to preliminary results.

With over 75 percent of the votes already counted, preliminary  result show that 95.7 percent of voters said ‘yes’ to the reunion  of the republic with Russia as a constituent unit of the Russian  Federation.

Crimean supporters of Russia demonstrate in front of statue of Vladimir Lenin, the leader of the Soviet Communist revolution.

Crimean supporters of Russia demonstrate in front of statue of Vladimir Lenin, the leader of the Soviet Communist revolution.

The overall voter turnout in the referendum on the status of  Crimea is 81.37%, according to the head of the Crimean  parliament’s commission on the referendum, Mikhail Malyshev.

The preliminary results of the popular vote were announced during  a meeting in the center of Sevastopol, the city that hosts  Russia’s Black Sea fleet.

Over a half of the Tatars living in the port city took part in  the referendum, with the majority of them voting in favor of  joining Russia, reports Itar-Tass citing a representative of the  Tatar community Lenur Usmanov. About 40% of Crimean Tatars went to polling stations on Sunday,  the republic’s prime minister Sergey Aksyonov said.

Crimean voters celebrate overwhelming victory at polls.

Crimean voters celebrate overwhelming victory at polls.

In Simferopol, the capital of the republic, at least 15,000 have  gathered to celebrate the referendum in central Lenin square and  people reportedly keep arriving. Demonstrators, waving Russian  and Crimean flags, were watching a live concert while waiting for  the announcement of preliminary results of the voting.

Russian President Vladimir Putin said that the citizens of the peninsula have  been given an opportunity to freely express their will and  exercise their right to self-determination.

Mateush PiskorskiInternational observers are planning to present their final  declaration on the Crimean referendum on March 17, the head of  the monitors’ commission, Polish MP Mateush Piskorski told  journalists. He added that the voting was held in line with  international norms and standards.

Next week, Crimea will officially introduce the ruble as a second  official currency along with Ukrainian hryvna, Aksyonov told  Interfax. In his words, the dual currency will be in place for  about six months.

Overall, the republic’s integration into Russia will take up to a  year, the Prime Minister said, adding that it could be done  faster. However, they want to maintain relations with  “economic entities, including Ukraine,” rather than burn  bridges.

Map of Ukraine and the peninsula of Crimea

Map of Ukraine and the peninsula of Crimea

Moscow is closely monitoring the vote count in Crimea, said  Russia’s Deputy Foreign Minister Georgy Karasin.“The results of the referendum will be considered once they  are drawn up,” he told Itar-Tass.

The decision to hold a referendum was made after the bloody uprising  in Kiev which ousted President Vladimir Yanukovich from  power. Crimea – which is home to an ethnic Russian majority  population – refused to recognize the coup-appointed government  as legitimate. Crimeans feared that the new leadership would not  represent their interests and respect rights. Crimeans were  particularly unhappy over parliament’s decision to revoke the law allowing using minority languages –  including Russian – as official along with the Ukrainian tongue.  Crimeans staged mass anti-Maidan protests and asked Russia to  protect them.

Mass rally in Kharkiv against right-wing junta. Photo: Borotba

Mass rally in Kharkiv against right-wing junta.
Photo: Borotba

workers world logoTHOUSANDS IN EASTERN UKRAINE JOIN CRIMEA TO PROTEST KIEV REGIME

By on March 13, 2014

As reported by the Union Borotba (Struggle), a mass protest took place on the March 8 International Women’s Day holiday in Kharkiv city center in the eastern Ukraine. Many of the thousands carried red flags and gathered near the monument to Lenin, “which we managed to protect from the Nazis during recent rallies.”

BorotbaBorotba describes itself as representing four or five anti-capitalist and anti-racist groups, including former members of the youth organization of the Communist Party of Ukraine.

Participants denounced the new Kiev regime as representing a collaboration of the oligarchs and Nazis who, unable to cope with the socioeconomic crisis looming in Ukraine, are trying to dump the costs onto the majority of working people.

Massive anti-fascist rally in Moscow.

Massive anti-fascist rally in Moscow.

The speakers also opposed war within Ukraine, arguing that workers in western Ukraine are not their enemies. They attacked the Kiev right-wing junta for trying to “bang their heads” against the people living in the southeast of the country.

Borotba reported that the Kiev regime had sent political police to Kharkiv who tried to intimidate printers from printing leaflets against the coup “government.” They were printed anyway.

For more information on the protest or on the Borotba program, see a longer article online at workers.org or the English section of borotba.org.

Also see:

Anti-fascist protesters march in Ukraine

U.S. officials caught in Ukraine plot

As pro-imperialists besiege Ukraine, Communists warn of fascist coup attempt

Don’t forget Ukraine’s communist traditions

Why are Nazi & Confederate flags on display in Kiev?

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GODBOLDO VICTORY: JUDGE GILES DISMISSES CRIMINAL CHARGES AGAIN

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Giles cites COA ruling which opened the door to other reasons for dismissal 

Godboldo and supporters jubilant 

Attorneys call on Pros. Kym Worthy to end  family’s ordeal now; but Worthy says she intends to appeal

By Diane Bukowski 

March 15, 2014 

Maryanne Godboldo (2nd from l) with attorney Allison Folmar (l), Mubarak Hakim, Penny Godboldo, and other supporters after first dismissal by Giles Aug. 29, 2011.

Maryanne Godboldo (2nd from l) with attorney Allison Folmar (l), Mubarak Hakim, Penny Godboldo, and other supporters after first dismissal by Giles Aug. 29, 2011.

DETROIT – A jubilant crowd of Detroit mother Maryanne Godboldo’s supporters erupted in applause after 36th District Court Judge Ronald Giles once again dismissed all criminal charges against her March 14. Godboldo has received national awards and international acclaim for standing off a Detroit police “SWAT” team who tried to take her daughter Ariana Godboldo-Hakim, then 13, in 2011, to administer the dangerous drug Risperdal to the child.

They acted on what Giles earlier ruled was an “illegal order” written by Mia Wenk, a state Child Protective Services (CPS) worker with no medical training. It was rubber stamped with a judge’s signature, without a judicial hearing, by a probation officer at Wayne County Juvenile Court. [Voice of Detroit first revealed this fact after a court supervisor testified at a hearing before Wayne County Juvenile Court Judge Lynn Pierce.]

This is not a picture from the 1967 rebellion, but shows tanks rolling down Linwood to confront mother Maryanne Godboldo and her 13-year-old daughter in their home in May, 2011.
This is not a picture from the 1967 rebellion, but shows tanks rolling down Linwood to confront mother Maryanne Godboldo and her 13-year-old daughter in their home in May, 2011.

When Godboldo would not admit police to her home, a “SWAT” team with helicopters, tanks, and assault rifles was called to the scene, and the 11-hour stand-off took place. Godboldo was charged with eight felonies including discharging a firearm in a dwelling.

“I feel wonderful,” Godboldo said outside the courthouse afterwards. “I am a firm believer in Yahweh, and knew he was protecting me. I knew Judge Giles was a just judge and would uphold the law. I have had the support of moms from all over the world, including my own mother, along with that of my wonderful attorneys.”

Maryanne Godboldo weeps in the arms of friends during a vigil outside the Hawthorne hospital where her daughter was detained for six weeks.
Maryanne Godboldo weeps in the arms of friends during a vigil outside the Hawthorne hospital where her daughter was detained for six weeks.

She said her daughter, now 16, is “100 percent” better than she was while held captive in the state Hawthorne psychiatric facility for six weeks after the traumatic incident. Wenk gave written permission for doctors there to administer not just Risperdal, but numerous other medications, to the child. Godboldo and Ariana’s father Mubarak Hakim have also contended that Ariana was severely abused there.

“She’s still not completely well,” Godboldo said. “We have had to go back to a counselor. She still suffers nightmares about the abuse, and often stays up all night. It doesn’t help that I keep having to go back to court hearings on the case.”

Attorneys Allison Folmar, Byron Pitts, and Roger Farinha represented Godboldo and Hakim during their three year ordeal, which included an ultimately failed attempt to seize permanent custody of Ariana.

Atty. Byron Pitts with Maryanne Godboldo in her home during an evidence search five months after the incident.
Atty. Byron Pitts with Maryanne Godboldo in her home during an evidence search five months after the incident.

“This is the third time that a judge has dismissed these criminal charges,” Pitts said. “This is a victory for mothers across the country, in stopping the kidnapping of children by the state. I strongly urge the Wayne County Prosecutor to leave this mother alone now. Any force used in the home was reasonable, against the unlawful entry by police without legal authority to kidnap a child. Mothers across Wayne County must unite and contact the Prosecutor’s Office to tell her to stop this.”

“My client was charged for simply being a mom,” Attorney Folmar added. “CPS must stop the senseless removal of our children.”

Both Giles and Wayne County Circuit Court Judge Gregory Bill adamantly dismissed the charges against Godboldo in 2011.

Wayne Co. Prosecutor Kym Worthy.
Wayne Co. Prosecutor Kym Worthy.

Giles conducted a lengthy preliminary exam which spanned two full days, during which he allowed Wayne County Assistant Prosecutor Laura Weingarden to present all evidence she deemed necessary. He then ruled on Aug. 29, 2011 that the prosecution’s evidence was “the fruit of a poisonous tree . . . .an order that is grossly inadequate and incorrect. . . .It is ridiculous to go in to remove in this court’s opinion somebody’s children based on THIS order.”

Bill expressly upheld all of Giles’ findings.

Wayne County Prosecutor Kym Worthy appealed their decisions, and a state Court of Appeals remanded the case to Giles for further consideration beyond “the fruit of a poisonous tree” doctrine.

“I agree with the prosecution that a person cannot use deadly force to resist an unlawful arrest,” Giles said. “However, if you look at the facts, [the defendant] is charged with felonious assault, but not assault with intent to commit murder. I disagree with the prosecution that the fact alone that a firearm was discharged means that deadly force was used. The gun was discharged at the top of the door into the ceiling, which can be characterized only as some type of warning shot.”

36th District Court Judge Ronald Giles
36th District Court Judge Ronald Giles

Giles said evidence given the preliminary exam only “inferred” that Godboldo was even the shooter. He said he agreed with defense arguments and briefs that the Court of Appeals opinion actually opened the door for him to dismiss the case on other grounds.

“In its opinion, the Court of Appeals [cited rulings] that a defendant may use reasonable force as necessary, and has a common law right to resist unlawful police conduct. Based on that, I find that the defendant did use reasonable force to prevent an illegal attachment, the removal of her child by the Detroit police with an invalid court order. The court is not going to bind the defendant over and the case is dismissed.”

Giles noted that his ruling is likely to “go upstairs” on appeal. Many in the courtroom cited him for his fortitude, using the terms “balls” and “guts,” since some lower level judges are cowed when higher courts overturn their decisions.

Slogan on T-Shirt supporting Godboldo family.
Slogan on T-Shirt supporting Godboldo family.

Wayne County Prosecutor Kym Worthy, through her spokesperson Maria Miller, said, “We appealed Judge Giles’ ruling dismissing the case before and prevailed, as a result, and the case was remanded for the judge to rule today. We disagree with the judge’s dismissal of the case, and we will be appealing the ruling to the Wayne County Circuit Court.”

Attorney Folmar added later, “A parent has the final word on using any anti-psychotic drug on their child,” Folmar said. “In this case, the mom tried it, and it made Ariana horribly ill and aggressive. Risperdal has killed children. In a ‘free’ society we are not medical property. In America, we can go and get a second opinion. Somebody could have died that day.”

Folmar earlier cited the killing of 7-year-old Aiyana Stanley-Jones by during a “SWAT” team raid on her home May 16, 2010, shot in the head by Officer Joseph Weekley, using an MP-5 submachine gun. A pre-trial hearing for Weekley on charges of “involuntary manslaughter” and “reckless use of a firearm” was once again postponed indefinitely May 14, allegedly due to Wayne County Circuit Court Judge Cynthia Gray Hathaway’s continued “scheduling conflicts.”

Expert depiction of Aiyana Jones' killing by Officer Joseph Weekley, which Atty. Folmar said could easily have been repeated in Godboldo's home.
Expert depiction of Aiyana Jones’ killing by Officer Joseph Weekley, which Atty. Folmar said could easily have been repeated in Godboldo’s home.

Many feel it is likely Weekley and the rest of the police department involved will walk scott free. Aiyana’s uncle-in-law Chauncey Owens has now been convicted on first-degree murder charges, and her father Charles Jones on second-degree murder charges, in the death of Jerean Blake two days before the raid. Mainstream media has eported falsely that the original raid on the Jones home sought both Owens and Jones. However, police had only a warrant seeking Owens. Jones was not charged until 17 months later.

Jones’ sentencing has been postponed. His jury contradictorily found him not guilty of gun charges in the case, while the prosecution had charged him with murder, solely alleging that he gave a gun to Owens during the Blake killing.  Both cases are being appealed.

For further information:

Website: http://justice4maryanne.com/

Facebook page: https://www.facebook.com/pages/Justice-for-Maryanne-Godboldo/178678602179610

Twitter: https://twitter.com/jstice4maryanne

Related VOD stories:

http://voiceofdetroit.net/2014/02/23/global-hero-maryanne-godboldo-back-in-court-new-criminal-hearing-set-for-march-14/

http://voiceofdetroit.net/2013/06/01/michigan-court-re-instates-criminal-charges-against-maryanne-godboldo/

http://voiceofdetroit.net/2012/07/09/state-county-pursue-prosecution-of-maryanne-godboldo-and-her-child/

http://voiceofdetroit.net/2012/05/18/michigan-supreme-court-upholds-right-to-resist-police-misconduct/

http://voiceofdetroit.net/2012/02/25/wayne-co-requests-appeal-on-dismissed-maryanne-goldboldo-case-almost-30-days-late/

http://voiceofdetroit.net/2011/12/13/double-victories-for-maryanne-godboldo-and-family/

http://voiceofdetroit.net/2011/12/06/worthy-tries-to-reinstate-charges-against-maryanne-godboldo-hearing-set-for-fri-dec-9-9-am-judge-gregory-bill/

http://voiceofdetroit.net/2011/10/31/stop-state-child-abductions-support-godboldos-tues-nov-1-12-noon/

http://voiceofdetroit.net/2011/08/30/9604/

http://voiceofdetroit.net/2011/08/24/referee-youssef-orders-mother-from-home-after-cps-claims-5-children-suffer/

http://voiceofdetroit.net/2011/08/17/detroit-father-of-5-pursues-federal-civil-rights-suit-against-mia-wenk-dhs-judges-agencies-for-removal-of-children/

http://voiceofdetroit.net/2011/08/17/police-invade-godboldo-home-2nd-time-in-belated-evidence-search/

http://voiceofdetroit.net/2011/08/16/jury-rules-against-maryanne-godboldo-in-custody-trial/

http://voiceofdetroit.net/2011/08/08/ariana-godboldo-hakim%e2%80%99s-parents-tell-of-loving-life-with-daughter-during-custody-trial-nso-worker-testifies-she-admitted-child-to-psychiatric-hospital-without-family-consent-or-doctors-orde/

http://voiceofdetroit.net/2011/08/08/tangled-web-in-godboldo-case-drug-cos-private-and-public-agencies-judge-dhs-all-benefit-from-child-abduction/

http://voiceofdetroit.net/2011/08/07/u-s-johnson-johnson-wrongly-marketed-risperdal-to-kids/

http://voiceofdetroit.net/2011/08/03/another-shock-no-judge-authorized-ariana-godboldos-removal/

http://voiceofdetroit.net/2011/07/27/shocking-new-details-in-godboldo-police-stand-off-case/

http://voiceofdetroit.net/2011/07/23/broad-support-at-maryanne-godboldo-rally-pack-36th-district-court-mon-july-25-830-a-m/

http://voiceofdetroit.net/2011/07/15/my-child-does-not-belong-to-the-state-rally-for-maryanne-godboldo-sun-july-17/

http://voiceofdetroit.net/2011/07/11/godboldo-hearing-adjourned-to-mon-july-25-830-a-m-%e2%80%9cpromptly%e2%80%9d-mother%e2%80%99s-supporters-to-rally-sun-july-17-8801-woodward-4-6-p-m/

http://voiceofdetroit.net/2011/07/07/godboldo-hearing-thurs-july-7-9-am-alternet-article-on-militarization-of-police-in-u-s/

http://voiceofdetroit.net/2011/06/28/judge-ewell-revokes-stay-on-criminal-charges-v-maryanne-godboldo-attorneys-protest/

http://voiceofdetroit.net/2011/05/06/judge-orders-godboldo-daughter-home-to-family-may-6/

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http://voiceofdetroit.net/2011/04/26/judge-orders-joint-medical-plan-for-ariana-in-one-week-subsequent-release-from-hawthorn-center/

http://voiceofdetroit.net/2011/04/24/child-removal-laws-are-unconstitutional-hurt-michigan-families-aclu-charges-in-federal-lawsuit/

http://voiceofdetroit.net/2011/04/14/%e2%80%9ci-want-my-daughter-back-now%e2%80%9d/

http://voiceofdetroit.net/2011/04/08/mother-wins-indefinite-stay-of-criminal-proceedings/

http://voiceofdetroit.net/2011/04/08/justice-4-maryanne-free-ariana/

http://voiceofdetroit.net/2011/03/29/community-rallies-behind-mother-accused-of-stand-off/

 

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