UPDATE Sept. 15—VOD story on protest for Ricky Rimmer t0 be published this week with complete video.
___________________________________________________________
*************************************************************
Thousands More Serving Death in Prison Due to Crimes Committed by Detroit Police, Wayne Co. Prosecutors; WCCC Judges Are Ignoring Reversals by Higher Courts
Editorial — By Diane Bukowski
Full VOD stories with updates on Carl Hubbard, Roger Carlos Ray, Gary Brayboy, Robin Emmanuel Hancock, Andre Nelson, Kenneth Cooper, Lester Benford, and others are in the works. VOD will need to pay our quarterly webhosting fee of $465 this Sept. 19, and needs donations as soon as possible to continue our reports on unjust convictions and prisons.
Please DONATE TO VOD at: https://www.gofundme.com/donate-to-vod or CASH APP 313-825-6126
September 5, 2024
DETROIT — “We’re not just opening a facility; we’re ushering in a new era for our justice system,” Wayne County Executive Warren Evans says on the new Criminal Justice Center’s website, as the Center opened to the public Sept. 3. “The Wayne County Criminal Justice Center symbolizes our dedication to turning challenges into opportunities and our relentless pursuit of excellence for the benefit of every resident in Wayne County.” https://www.waynecounty.com/cjc/
VOD strongly disagrees that the new CJC will benefit all Wayne County residents, and that it heralds a “new era.”
What about the thousands of men and women from Wayne County who have been wrongfully locked up in the Michigan Department of Corrections for decades?
They are there because Detroit police officers like Barbara Simon and prosecutors like Wayne County’s Kym Worthy put them them there, using unconstitutional tactics unashamedly, even in the face of actual innocence. Kym Worthy is on the ballot again this November, a strong indication that the “new” era will feature just more mass incarceration.
The racist frame-up of Michael Jackson-Bolanos for the 2023 murder of Synagogue President Samantha Woll was condemned even by mainstream media experts. The jury acquitted him of all murder charges after a brilliant defense by Atty. Brian Brown. But Judge Margaret Van Houten gave him an 18 month to 15-year sentence for “misleading police,” ignoring a preliminary sentence investigation recommending 18 months probation on that charge.
Worthy’s office and Judge Margaret Van Houten say they disagree with a U.S. Supreme Court ruling in Yeager v. United States, 557 U.S. 110 | Casetext Search + Citator which held “that a jury’s failure to reach a verdict on some counts is a ‘nonevent’ that cannot, by negative implication, inform the double jeopardy inquiry.” The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. Michigan’s constitution also bans double jeopardy.
FRAMED by DPD’S BARBARA SIMON, WAYNE CO. PROS. KYM WORTHY Criminal Justice Center Aug. 28.. 2024 Photo: Metro Times Steve Neavling
(Above) Some of the people whose lives Worthy and Simon stole protested at the new Criminal Justice Center Aug. 28, after of a series of articles in Detroit’s Metro Times. (linked below this story.)
“A six-month Metro Times investigation . . . paints a troubling picture of Simon and the prosecutors, police leaders, and judges who could have stopped her,’ the MT notes. “Simon used aggressive, illegal, and sometimes violent interrogation techniques on suspects and witnesses, according to affidavits, court transcripts, and multiple lawsuits.”
“We want Barbara Simon locked up,” MT quoted Mark Craighead, who was exonerated after spending seven years in prison for a murder he didn’t commit. “She repeatedly committed perjury, illegally detained suspects without warrants, and threatened witnesses.”
VOD. and hundreds of Wayne County men and women serving time in the Michigan Department of Corrections, have long called for ALL criminal police officers and prosecutors responsible for their wrongful and unjust convictions, as well as judges who ignored blatant due process violations at trial and on appeal, to be charged and imprisoned.
Mark McCloud, President of the National Lifers of America Chippewa Chapter #1014, has been compiling lists of men and women currently incarcerated due to the actions of police and prosecutors involved in the cases of those freed due to wrongful convictions. (See links below to two VOD stories: “Hundreds of Men Serving Life Sentences . . .” and “Innocents Sat in Prison for 4,327 Years Total . . .”)
WCCC JUDGES REFUSE TO ACKNOWLEDGE HIGHER COURT RULINGS
RICKY RIMMER- A coalition of criminal justice advocates and supporters of Ricky Rimmer, who has spent nearly a half-century in the MDOC, will rally outside the Criminal Justice Center Tues. Sept. 10 at 1 pm.
Rimmer is widely known by hundreds of others in the MDOC as a leader and peacemaker. The rally was called after WCCC Judge Christopher Blount abruptly denied his motions for a new trial and evidentiary hearing in a ruling copied from the prosecution’s seriously flawed brief. Among other issues, the ruling refuses to acknowledge a key 2015 Michigan Supreme Court ruling in the case of exoneree Lorinda Swain, which opened the way for actual innocence claims in Michigan.
Judge Blount is the son of DPD Sgt. Michael Blount, a close associate of James Harris, one of two DPD cops who framed Rimmer. Harris later served 20 years in federal prisons after his conviction on charges of protecting drug shipments coming into Detroit.
Rally organizers are also calling for family members and supporters of other unjustly incarcerated men and women to attend the Sept. 10 rally. VOD has published dozens of stories on other cases over the past decade (including those in photo montage above.) Complete story updates on the following cases are in the works. ______________________________________________________________
CARL HUBBARD — This is one of the most egregiously wrongful convictions VOD has covered. Carl Hubbard was convicted in 1992 of murder based solely on a witness statement that Hubbard was at the scene of the crime.
That witness has repeatedly recanted, saying he gave the statement after DPD’s Joann Kinney and other cops responsible for wrongful convictions threatened him with charging him for the murder, while he was locked at DPD headquarters for several days. Trial Judge Richard Hathaway even ordered the witness arrested after he testified truthfully during the three-day trial.
Despite nearly dying from COVID-19, Carl Hubbard has fought his case all the way through to the Sixth Circuit Court, where an en banc hearing is pending after a three judge panel with a Trump appointee refused relief. He is represented pro bono by attorney Gregory Cui of the Washington D.C. office of the prominent MacArthur Justice Center.
Kym Worthy’s office dogged Hubbard with appeal after appeal, forcing him into the federal courts. Fortunately Hubbard had the wherewithal and stamina to continue his fight for freedom from this outrageously bogus charge. FULL VOD STORY COMING.
_____________________________________________________________
JAMARIO MITCHELL AND MARIO EVANS — Jamario Mitchell and Mario Evans have been serving LWOP sentences since 2001 and 2002, respectively. Detroit homicide investigator Isaiah Smith was the Chief Investigating Officer (CIO) in both cases. Smith lied blatantly to the jury at court proceedings in both cases.
Smith denied that he had been suspended from the homicide bureau in March, 2001 f0r several months, in relation to his role in DPD’s witness dragnet scandal. Local and national mainstream media exposed the fact that DPD police officers were conducting wholesale round-ups and arrests of witnesses and suspects alleged to have information on homicide cases, and holding them indefinitely in jail cells at DPD Headquarters at 1300 Beaubien.
Smith and others then interrogated them to further investigate the crimes, in many cases threatening them with being charged with the crime and having their children removed from their homes, if they did not testify against others under investigation. In many cases, they did not allow the arrestees access to attorneys. The practice was one of many that led the U.S. Justice Department to impose federal oversight on DPD, 2003- 2013.
________________________________________________________
GARY BRAYBOY–Gary Brayboy’s SADO attorney Adrienne Young left to become a Michigan Court of Appeals Judge, a welcome development considering her pro-defense background.
Brayboy called VOD recently, excited that Atty. Sterling Coleman now represents him and is taking his case to the state Supreme Court. A Court of Appeals panel had affirmed WCCC trial judge Nicholas Hathaway’s denial of his motion for relief from judgment. (Box at left.)
Hathaway claimed that DPD Sgt. Monica Childs’ history of obtaining wrongful convictions through coerced confessions and other tactics was not relevant to Brayboy’s case.
Hathaway’s ruling flew in the face of a COA opinion about the role DPD’s Barbara Simon played in the conviction of exoneree Mark Craighead (seen above in the Metro Times photos), as well as other appellate rulings.
The Craighead panel ruled that evidence of prior acts is admissible “as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, or absence of mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case.”
____________________________________________________________
KENNETH COOPER — Kenneth Cooper was convicted in 2001 of the murder of an Albanian immigrant outside a Detroit east-side after-hours club that had a shady reputation. There was no physical or witness evidence to tie him to the murder or place him at the scene. Michigan Court of Appeals Judge Hilda Gage wrote in a dissenting opinion:
WCCC Judge Chandra Baker Robinson has been assigned to the case for the past several years and denied Cooper’s motions for relief from judgment twice so far. The Michigan Supreme Court and state Court of Appeals remanded the case back to her three times citing violations of case law.
But during a hearing July 19, in rambling and nearly incomprehensible declarations Judge Baker-Robinson repeated those violations, and filed an order denying Cooper’s motion for relief from judgment July 23, forcing the case back to the Court of Appeals for a third time. The Michigan Supreme Court made this comment about Baker-Robinson’s earlier disobedience in the case, noting that the duty of the trial court is to comply strictly with mandates from higher appellate courts:
ROGER CARLOS RAY — Roger Carlos Ray has been serving a LWOP sentence since 1987, in a case where police deliberately suppressed evidence that another man committed the murder. His case is currently in front of Judge Miriam Saad Bazzi, who has twice previously denied his motions for relief from judgment.
His family members contacted VOD to alert us to oral arguments conducted on his case in the Michigan Court of Appeals Aug. 7.
After hearing an excellent presentation from defense attorney Tiffany Howell, and from a Wayne County Asst. Prosecutor, COA Judge Stephen Borrello asked the Wayne County AP the following:
See complete oral arguments on Ray’s case from 18:40 to 45:16 below
______________________________________________________
MICHAEL DEGRAFFENRIED: As Michael Degraffenried was being tried for murder and sentenced to 30 to 50 years on March 3o, 2000, the officer in charge (OIC) of his case, Inkster Police Sgt. Darian K. Williams, was robbing and extorting drug dealers using his official police car. Sgt. Williams was charged and convicted of those activities, which occurred from May 1999 to December, 2001, in the U.S. District Court in Chicago.
Williams, with other Inkster detectives including Gregory Hill and Anthony Abdallah, who have been involved in other wrongful convictions, fingered Degraffenried as the drive-by shooter who killed one man and wounded two others June 15, 1999 in Inkster.
Willie Wimberly, one of the individuals who was wounded, said, “I saw the person who fired the shot that injured me but I did not recognize his face. . . After I was released from the hospital, Detective Williams and Detective Greg Hill came to my house and interviewed me again. At that time they mentioned Michael Degraffenried and asked me if Degraffenried was the person who shot me. I told them Degraffrenried was not the person who shot me.” Wimberly is expected to testify at a delayed evidentiary hearing in front of Judge Tracy Green Nov. 8, 2024.
______________________________________________________________
LESTER BENFORD–VOD is researching and developing a new story on the 2o13 murder conviction of Lester Benford in a case engineered by corrupt DPD cops Donald Olsen and Moises Jimenez. The only evidence against him is a sample of his DNA collected at the scene of the murder.
His advocates say that the sample is there because he was shot at the scene by the actual murderer, as he attempted to intervene to protect the victim. He has sworn affidavits from witnesses who saw the murder that he was not the shooter. ______________________________________________________________
(See a list of thirty Michigan criminal cases where Judges, most from Wayne County, have been reversed by the Court of Appeals and the Michigan Supreme Court since 2016 because they refused to implement significant updates to Court Rules that benefited defendants at http://voiceofdetroit.net/wp-content/uploads/30-reversals.pdf.)
Related from the Metro Times:
Related from Voice of Detroit:
**********************************************************************************
URGENT. Funds needed for quarterly web hosting charge of $465.00 by Sept. 19, 2024 or VOD and 13 years of its stories will be taken off the web. VOD is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE.
VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. In addition to quarterly web hosting charge. other expenses include P.O. box fee of $226.00/yr., costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.
Please DONATE TO VOD at:
https://www.gofundme.com/donate-to-vod
CASH APP 313-825-6126 MDianeBukowski
***********************************************************************************