LIFER PAUL DAVIS: FRAMED BY DETROIT COPS, APA WHO SENT CHILDREN TO CPS, JAIL TO GET FALSE TESTIMONY

Paul Davis, serving life without parole for 2004 murder, says he is innocent, framed by crooked cops including LaNesha Jones (video above), prosecutors

A mother recanted her ID of Davis in 2017, saying police threatened her and five juveniles ages 12 to 16 to get false IDs of Davis

Lanesha Jones, Officer in Charge, fired by DPD trial board in 2009 after being charged with felony aggravated assault off-duty 

David Pauch, ballistics tech for Detroit Crime Lab, shuttered in 2008, testified at trial, but no physical evidence presented

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For a print version of this article, go to: http://voiceofdetroit.net/wp-content/uploads/LIFER-PAUL-DAVIS_-FRAMED-BY-DETROIT-COPS-APA-WHO-SENT-CHILDREN-TO-CPS-JAIL-TO-GET-FALSE-TESTIMONY-_-VOICE-OF-DETROIT_-The-citys-independent-newspaper-unbossed-and-unbought.pdf

Ricardo Ferrell

By Ricardo Ferrell

VOD Field Editor

With Diane Bukowski, Editor

DETROIT — Despite there being no physical evidence linking him to a 2004 homicide, and the use of juvenile witnesses taken from their mother to force their false testimony, Paul Davis, now 40 years old, still languishes behind bars for the 2004 murder of Larry Snipes, Jr. on Spokane Avenue in Detroit.  He has always unequivocally denied he committed that crime.

PAUL DAVIS

“My husband has been suffering in prison for almost two decades for something he did not do,” Shannon Davis told VOD about her husband. “The justice system failed him terribly. The officers involved were corrupt, his attorney was grossly ineffective, and the evidence was inconsistent. With all this, he couldn’t have received a fair trial.”

Attorney Robert Goldman of Dickstein & Lewis, PLLC, wrote a detailed nine-page letter to Valerie Newman, head of the Wayne County Conviction Integrity Unit, urgently asking her to accept Davis’ case. He had reviewed available court files and other documentation.

He noted first that Davis was in Taylor, Michigan at the time of the murder.

“Tamika Holmes gave a witness statement to Detective J. Wolff indicating that she, along with [three other adults] and their children, were at her home in the Pond Village Apartments in Taylor, Michigan with Paul Davis at or around the time of the alleged murder,” Goldman wrote.

Holmes testified at trial, but the others were never called by Davis’ defense attorney George Davos. (See complete letter from Goldman at http://voiceofdetroit.net/wp-content/uploads/Paul-Davis-memorandum-to-CIU.pdf.)

Instead, DPD Detective Sgt. Lanesha Jones, who was the Chief Investigative Officer (CIO) on the case, DPD Officer Kurtiss Staples, and Asst. Wayne Co. Prosecutor Suzette Samuels elicited statements from a mother and five juveniles ages 12 to 16, who were staying or visiting at the Spokane address. The prosecution’s entire case was later based on the children’s testimonies, despite gross inconsistencies and failures to identify Davis at in-person line-ups and in court testimony.

(L to r) AP Suzette Samuels, DPD Sgt. LaNesha Jones, Judge Craig Strong–kidnappers??

Court records show that these “public servants” threatened to have Child Protective Services (CPS) take the children if they didn’t cooperate. Even though the children signed typed witness statements for Sgt. Jones, they were abruptly taken from their mother and placed in foster homes. It is not known if they were ever able to return.

Wayne Co. 3rd Circuit Court Judge Craig Strong ordered the 13-year-old child incarcerated at the Wayne Co. Juvenile Detention Center to ensure his testimony, after he ran away from his foster home. Strong signed petitions from AP Samuels to have the other children held under bond to force them to testify.

Judge, AP sent child to Wayne Co. Juvenile home to ensure testimony.

Atty. Aaron Z. Gordon Jr., who interviewed the 13-year-old, said the child asked that the prosecution protect him from the defendants’ family when he testified. Several of the other children didn’t show up at trial. To bolster the remaining children’s testimony, Sgt. Jones testified FOR them at length, reporting what she claimed they told her and addressing issues like their demeanor at the time of their conversations with her.

Denise Henry, the mother of most of the juveniles, did not testify at trial. In 2017, Henry signed a notarized statement stating that she and her children were coerced and pressured by authorities to provide false statements and testimonies against Davis. Henry stated she only did this because Officers LaNesha Jones and Kurtiss Staples threatened to have Child Protective Services take her children away. She included a handwritten letter to Davis begging his forgiveness and recalling the intense distress to her family caused by the officers’ actions. 

OTHER CHARGES AGAINST DAVIS CASE COPS, TECHS

LANESHA JONES —The DPD fired Sgt. Lanesha Jones in 2009 after a trial board unanimously recommended her dismissal (see WXYZ video at top of story). She had been charged with felony aggravated assault while off-duty, causing severe wounds to a woman’s forehead at Flood’s Bar in downtown Detroit. The charges were later reduced to misdemeanors. She was later hired at the Highland Park Police Department and became Deputy Chief, despite WXYZ’s expose′, but she was laid-off in 2012 according to published reports.

Jones was among DPD defendants cited in the 2006 frame-up and wrongful incarceration of Elroy “Lucky” Jones, which resulted in the City of Detroit’s $1.5 million settlement of a civil lawsuit.

DETROIT CITY COUNCIL AGENDA ITEM March 16, 2016: $1.5 MILLION SETTLEMENT WITH ELROY LUCKY JONES; Defendants included Lanesha Jones.

Elroy Lucky Jones is listed on the National Registry of Exonerations.

The lawsuit cited defendants including Lanesha Jones. It alleged long-time DPD Detective WIlliam Anderson targeted Elroy Jones because he believed, falsely, that the man killed his nephew, then recruited other officers to systematically frame him.

After Elroy Jones’ conviction, the Detroit Violent Crimes Task Force (VCTF), including DPD and the U.S. Department of Justice, discovered and charged the (alleged) real killer during the VCTF investigation of the “7 Mile Bloods” gang. (See video above.)

Family of Jarrhod Williams, whose case led to shut-down of crime lab, at Detroit People’s Task Force march in 2011. VOD/DB photo

DAVID PAUCH — Pauch worked in the Detroit Crime Lab as a ballistics examiner. The lab was shut down in 2008 after discoveries by Michigan State Police (MSP) that it had more than a 10 percent error rate, likely caused by faulty and/or falsified work.  

Wayne Co. Prosecutor Kym Worthy, with the State Appellate Defenders Office, reviewed Crime Lab evidence collected over the decades before the discoveries.

But Worthy decided to focus only on convictions from 2003 to 2008. At least 1200 prisoners victimized by faulty crime lab evidence remain incarcerated in the Mich. Dept. of Corrections.

Pauch himself has been found to have falsified and/or tampered with evidence in multiple cases. Other crime lab techs including Claude Houseworth have been cited in many cases that have managed to make it to the level of exoneration.

Desmond Ricks and Thelonious ‘Shawn’ Searcy each were affected by faulty and/or falsified testimony from Pauch.

Desmond Ricks was exonerated in 2018 after spending 25 years in prison, with the help of the Michigan Innocence Clinic, including director Dave Moran who vigorously fought to get his client freed. Ricks was wrongly convicted in 1992 of 2nd-degree murder based on reports from Pauch and another crime lab tech. They reported that bullets from the victim’s body came from a gun Ricks possessed, but the Innocence Clinic investigation found that was not the case, after the prosecutor’s office sent them photos of the fatal bullets fired from a different gun. Ricks won a $1 million wrongful conviction claim from the state.

Thelonious ‘Shawn’ Searcy–Pauch was also involved in the case of Thelonious ‘Shawn’ Searcy. Searcy was released to home confinement last year after 17 years in prison, under a definitive Michigan Court of Appeals ruling that was highly critical of the roles Chief Judge Timothy Kenny and AP Patrick Muscat played at the original trial and an evidentiary hearing.  The COA cited the duo’s claim that bullets from the victim’s body were “unrecognizable.”

During an evidentiary hearing, it was revealed that a .40 caliber bullet taken from the victim’s body had been concealed in an evidence envelope labeled “9 mm. casing.” The prosecution had claimed the murder weapon was a .45 caliber gun and that the bullets were “too deformed” to identify.

Darrell Siggers–One of the earliest exonerations due to crime lab errors was that of Darrell Siggers, who had been serving life without parole since 1984 before his exoneration in 2018. Siggers and his attorney Wolfgang Mueller filed a $150 million lawsuit against former Detroit police detective Joseph Alex, and the estate of Detroit Crime Lab technician Claude Houseworth. U.S. District Court Judge Mark Goldsmith just denied a motion by Alex asking for dismissal of the case. Goldsmith’s ruling gives extensive information relating to Siggers’ exoneration.

See:  http://voiceofdetroit.net/wp-content/uploads/Microsoft-Word-19-12521-Siggers-v.-Alex-et-al-op-denying-mot-for-reconsideration-abf-v6-cc.docx.pdf

Houseworth had testified that a bullet fragment was found near Siggers’ apartment, but a police report said no evidence was found there. Bullet casings were found at the crime scene location instead. Houseworth also testified that the bullet taken from the victim matched a bullet taken from a gun that was recovered, but there was never a match.

PAUL DAVIS/Family photo

PAUL DAVISLewis-Dickstein attorney Goldman wrote, “Physical evidence was never presented at trial; APA Suzette Samuels only admitted Pauch’s statements into evidence to corroborate her witness testimony that the deceased was shot with a .45 caliber weapon. Moreover, due to ineffective counsel at the time of trial, no experts on ballistics or trajectory were questioned with respect to the questionable collection and analysis of the evidence asserted by Mr. [David] Pauch.

Goldman cited Pauch’s testimony on paper laboratory records introduced as People’s  Exhibits 5-8, citing one .38 caliber lead bullet, a .45 caliber metal-jacketed hollow point bullet, and a microscopic comparison of two .45 caliber spent casings supposedly showing they came from the same gun. All the evidence was sent to the property section “pending recovery of a suspected weapon,” which was not produced at trial.

Goldman wrote further, “People’s Exhibit 8 indicates the two spent shell casings tested by Pauch in Exhibit 7 contained no readable prints found. These results are extremely relevant in light of facts now known regarding David Pauch and his history of falsifying and/or otherwise tampering with evidence in question in homicide investigations, such as the case of Mr. Desmond Ricks.”

DPD HOMICIDE FILE ‘DOES NOT EXIST OR CANNOT BE LOCATED.’

“It should be noted . . . that the Detroit Police Department’s homicide file relative to this matter does not exist or cannot be located,” Goldman notes. “The information as provided below is a result of years of efforts to collect what documents are available; with an impression a great deal more was removed or destroyed by their absence and/or inability to be produced. . . ”

Scott Lewis being interviewed by Fox 2 News reporter.

“Of extreme concern in this matter is the finding of the record or file being entirely void of any valid warrant, autopsy photos, pictures of the victim, victim clothing photos, blood samples, photos of shell casings and other investigatory evidence which would customarily be found in a homicide investigation file and prosecution.”

Davis hired noted private investigator Scott Lewis to obtain his homicide file and Child Protective Services records. Lewis’ FOIA request was denied, other than receiving two police incident reports which contained minimal information. An appeal was filed and again the request was denied.

Davis himself wrote to VOD about his CIU Application:

Valerie Newman, head of CIU, at rally for Davontae Sanford, exonerated in 2016. VOD/DB photo

“1. On or around April 6, 2021, I received a letter from Valerie Newman indicating that I needed to file an application with the CIU soon or my file would be closed. Thereafter, I quickly filed an application with the CIU.

2. On April 27, 2021, one of my attorneys Robert Goldman emailed Ms. Newman asking to prepare an application on my behalf. She responded back stating that she preferred to have a memorandum of law filed by attorneys.

3. On June 25, 2021, my attorney Mr. Goldman filed a memorandum with the CIU on my behalf. Valerie Newman accepted my memorandum and said my case was pending.

4. On July 17, 2021, my attorney sent Valerie Newman alibi witness affidavits and FOIA request and denial responses. She responded back that same day stating that the materials will be added to my file.

5. Since then I’ve been having my attorney check-in with the CIU once a month. I also had Claudia Whitman call the CIU on my behalf last month regarding my case and hiring experts. Valerie said to wait on the experts and be patient because it’s a process.”

One supporter says, “Paul Davis, and many others like him have been wrongfully convicted and those convictions must be overturned in an expeditious fashion, so they can be reunited with their families, where they so rightfully belong. Anything other than exonerating Davis and the hundreds or thousands more would be a blatant disregard of both the State and U.S. Constitutions, and the meaning of justice Under the Color of Law.”

Related:

MICH. SUPREME COURT NIXES WORTHY’S APPEAL OF STRONG COA RULING IN THELONIOUS SEARCY CASE | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

Man exonerated in ’84 slaying sues ex-Detroit cop, lab tech’s estate (detroitnews.com)

LIFER KENNETH COOPER FIGHTS 2001 CONVICTION; NO PHYSICAL, EYEWITNESS EVIDENCE; BRADY VIOLATIONS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

TASK FORCE CONTINUES BATTLE TO EXPOSE CRIME LAB CRIMES; WANTS ALL AT COUNCIL MEETING JULY 19 WHEN WORTHY ASKS FOR RENEWAL OF FUNDS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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DEFUND THE POLICE SO CONVICTION INTEGRITY UNITS CAN SAVE THE LIVES STOLEN BY CROOKED COPS

Detroit’s police department will make up almost 29% of the city’s general fund expenditures this year. . .total police spending in 2022 @ $341 M.

Police misconduct involved in most wrongful convictions–fund Conviction Integrity Units to free them all!

Donate to Voice of Detroit  https://www.gofundme.com/donate-to-vod

Editorial

By Robert T. Hinds

Robert T. Hinds is one of Wayne County’s juvenile lifers still incarcerated TEN YEARS after the U.S. Supreme Court outlawed mandatory juvenile life without parole (JLWOP) in Miller v. Alabama, 567 U.S. 460 (2012). He is also fighting for exoneration based on his innocence claim, having submitted an application to the County’s Conviction Integrity Unit in 2020.

Every year, police misconduct in Michigan steals the lives of countless innocent individuals who become lifelong victims of a corrupt and shameless justice system.

Robert T. Hinds

Hundreds of innocent people like me sit helplessly in prison while the police who have victimized us are not only free but are still being paid by the state or federal government with funds that could be being used to shed light on their misconduct that led to us being unjustly placed in prison in the first place.

In July 2020, Wayne County Prosecutor Kym Worthy released a list of 34 police officers and one sheriff’s deputy whose credibility is so weakened by their own crimes or misconduct that it must be disclosed to jurors if they testify. (See current list published in Dec. 2020 at http://voiceofdetroit.net/wp-content/uploads/Wayne-County-Prosecutor-GIGLIO-BRADY-LIST-12-7-2020-2-1.pdf.)

My question is: WHY ARE THEY STILL WORKING IN THE CRIMINAL JUSTICE SYSTEM AT ALL? 

Currently, I have an open exoneration claim at the Wayne County Conviction Integrity Unit (CIU). I submitted my application in April of 2020, with more than an actual claim of innocence. I provided iron-clad proof of police misconduct, including an entire miscellaneous file from the Detroit Police Department that was withheld from my trial attorney over 20 years ago. The file contained:

  • Fingerprints that didn’t belong to me. The detective lied on the witness stand and said there were not any usable fingerprints.
  • A hair follicle with root end attached that was never disclosed/tested as DNA evidence.
  • Police reports of a previous home invasion involving the victim where the perpetrators threatened to kill him.
  • A tip sheet saying the victim’s children’s mother’s new boyfriend threatened to kill him.
  • Police report regarding where guns were found that impeached the prosecution’s key witness’ testimony.
  • Tip sheet implicating the last person with the victim as a suspect.

This file combined with credible affidavits from witnesses who saw the prosecution’s witness in the vehicle linked to the crime only hours before the murder and who heard him brag about being involved in the crime and having people come to court to falsely accuse me was a clear game changer. I was sure that my case was a no-brainer.

So why am I still rotting away in a prison cell in Kincheloe, MI over two years later? Because the CIU has 1,800 applications, 1,000 open cases, and 30 active investigations. Mine is one of the 1,000 open cases that they say they haven’t had the resources to investigate because they are underfunded and understaffed.

It takes money to hire attorneys and investigators. Most recently, the CIU reported only having four staff attorneys and two investigators. That’s 250 cases per attorney and 500 cases per investigator. That’s an overwhelming caseload. Optimistically, if 100 cases were reviewed yearly, it could take 10 years to go through these cases.

Meanwhile in Detroit, the police department will make up almost 29% of the city’s general fund expenditures this year and the total police spending in the 2022 budget is $341 million. Defunding the police and reallocating those funds would help the CIU clean up the mess that was made by the police in a lot of cases. Police misconduct accounts for most of the exonerations in Wayne County. So why should we continue to fund criminals instead of funding the heroes who are exonerating the innocent?

If money is not made available to hire more CIU staff, the police who are actually guilty of committing misconduct will not be identified until it’s too late. Police are human beings, which means that they are creatures of habit. Police misconduct doesn’t happen by chance. Their actions are deliberate and consistent. My case is a clear example of extreme police misconduct.

I am happy for the few who have already been exonerated due to the CIU, but just think about the other hundreds of lives that could be saved if we valued justice over politics. How much does freedom really cost? This is the question that I ask myself every morning when I wake up still in prison…waiting. More information about my case can be found at www.change.org/freeroberthinds.

Contact @ Jpay.com Robert Hinds #410196 (Michigan)  

Chippewa Correctional Facility

Kincheloe, MI

rtsecondchance@gmail.com 

Robert Hinds’ struggle for his exoneration and freedom is fully supported by A Life for a Life Urban Initiative (ALALUI), a nonprofit grassroots organization in Michigan founded in 2013. Their mission is to advocate for social justice by creating greater awareness about the wrongfully convicted and to share their stories of innocence and humanityA Life for A Life Urban Initiative

http://voiceofdetroit.net/wp-content/uploads/Robert-Hinds-Life-for-a-Life-Urban-Initiative.pdf

ALSO READ:

Government_Misconduct_and_Convicting_the_Innocent.pdf (umich.edu)

Some Wayne County wrongful convictions — Tweeted by Maggie Freleng

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 VOD’s staff lives either on limited fixed incomes or is incarcerated. We are not paid; we publish the newspaper pro bono. Our quarterly web publication fee of $435 is due in MarchHelp keep us afloat by chipping in so stories on this Prison Nation and Police State, and related matters, keep coming! Any amount is appreciated.

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LIFER GARY BRAYBOY, FRAMED BY DETROIT SQUAD 7 COPS INVOLVED IN EXONEREE CASES, IN COURT MON. JAN. 24

DPD’s William Rice/Monica Childs Squad 7 tag team engineered Brayboy conviction, has been involved in multiple wrongful convictions

Childs cited for coerced confessions and “snitch” witness testimony in multiple cases

Rice on Wayne County Prosecutor’s “Giglio-Brady list” for running a criminal enterprise,and two counts of perjury

To watch Brayboy’s court hearing on a date to be determined after Feb. 22, go to Hon. Thomas M. J. Hathaway – YouTube

UPDATE

Judge Hathaway postponed the Jan. 24 hearing to allow the prosecutor a chance to respond to the defense’s motion for relief from judgment (filed in Aug. 2021) by Feb. 22, 2022.  The hearing should take place on a date to be determined after Feb. 22.

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By Diane Bukowski

January 22. 2022

Gary Brayboy MDOC Photo

DETROIT —   Gary Brayboy has been serving life without parole since 1993, one of hundreds caught up in the Detroit Police Department’s “Ring of Snitches,” which snared Black men using jail-house and street informants, witness round-ups and intimidation, and coerced confessions, through the 1990’s continuing into the 21st century.

“I am unlawfully condemned to die in prison for a crime I did not commit,” Brayboy wrote to VOD. “There is overwhelming new evidence of Detroit Police Department corruption in my case, involving Monica Childs, William Rice and others.”

A private investigator who has researched dozens of such cases involving police department corruption estimates that 80 percent of Wayne County defendants sentenced to prison in the era involved are actually innocent.

Atty, Wolfgang Mueller, who has filed multi-million-dollar lawsuits for many exonerees, told Channel 7, “It was the Homicide Section in the 1990’s and early 2000’s frankly running rogue, doing what they wanted to.”

But to date, virtually none of the prosecutors and police officers responsible for these acts have been prosecuted for their crimes.

Judge Thomas Hathaway

After jumping through endless hurdles in state and federal court systems, Brayboy will appear in front of Wayne 3rd Judicial Court Judge Thomas Hathaway this Mon. Jan. 24. Attorney Adrienne Young of the State Appellate Defenders Office will argue in a supplemental motion for relief from judgment that his conviction should be vacated, and a new trial granted.

Brayboy was found guilty of the charges of Felony Murder, Armed Robbery and Felony Firearm, and sentenced to life without parole in 1993. The charges stemmed from a Dec. 1992 robbery/murder in a basement known for after-hours gambling. Larry Tennison was shot and killed during the robbery, and one other person was shot in the leg. None of the surviving witnesses in the basement could identify Brayboy or his co-defendant Keith “Mooky” Griffin.

Involved in Brayb0y’s conviction was the Detroit Police Department’s Squad 7 homicide tag team including Lt. William Rice and Det. Monica Childs, both of them linked to multiple wrongful convictions in recent years. (See Channel 7 News report at top of story.)

“During the investigation into Tennison’s death, DPD Squad 7 homicide officers arrested several witnesses, held them for days without warrants and threatened them in order to obtain statements,” SADO Investigator Julianne Cuneo wrote in a memo to her superiors.

“Brayboy’s co-defendant Keith Christopher Griffin was interviewed repeatedly. Griffin’s third statement, given to Detective [Monica] Childs, became the only direct evidence identifying and incriminating Brayboy.”

The names of Squad 7 homicide officers Monica Childs and her superior, then Lt. William Rice, both involved in Brayboy’s conviction, have surfaced repeatedly as others caught in the web of informants have been exonerated, one by one. They include Larry Smith, Ramon Ward, and Bernard Howard, whose cases are referenced in the Channel 7 News report at the head of this story.

Exonerees (l to r) Larry Smith, Ramon Ward, Bernard Howard

Also cited in Brayboy’s motion for Relief from Judgment (MFRJ) are the cases of exonerees Justly Johnson and Kendrick Scott, which also involved Childs’ actions, and an Oct. 28, 2021 Michigan Court of Appeal opinion in the case of Mark Craighead.

It upheld his claim that “potential impeachment evidence” regarding former DPD Detective Barbara Simon’s alleged misconduct discovered after his previous motions was “newly discovered evidence.” See: http://voiceofdetroit.net/wp-content/uploads/COA-356393-PEOPLE-OF-MI-V-MARK-T-CRAIGHEAD-Opinion2-Per-Curiam-Unpublished-10_27_2021.pdf

Rice is now listed on the Wayne County Prosecutor’s Giglio-Brady list of police officers not to be trusted to testify due to previous convictions and disciplinary actions. He spent two years in prison on federal charges for running a criminal enterprise related to housing mortgages, and two counts of perjury. See: http://voiceofdetroit.net/wp-content/uploads/Wayne-County-Prosecutor-GIGLIO-BRADY-LIST-12-7-2020-2-1.pdf.

Atty. Adrienne Young

In the Motion for Relief from Judgment which will be argued in court Jan. 24, SADO attorney Young writes, “In her June 2021 interview with SADO’s Julienne Cuneo and Angie Jackson, Ms. Childs said, ‘it is plausible that Griffin was the shooter’ and she believes had he gotten a fourth statement he would have confessed. Additionally, Mr. Griffin’s statement evolved, with Mr. Griffin’s first statement not implicating Mr. Brayboy at all, to ultimately pinning Mr. Brayboy as the principal.”

The motion claims Detective Childs had “a common scheme of misconduct that involves multiple interviews and recording the final, false statement in her own writing. The same steps were taken in this case.”

It concludes, “Gary Brayboy respectfully requests that this Court grant the motion for relief from judgment, vacate his judgment of conviction, and order a new trial.”*

Related:

Ring of Snitches: How Detroit Police Slapped False Murder Convictions on Young Black Men (truthout.org)

Innocent Blacks Seven Times More Likely To Be Wrongfully Convicted Of Murder Than Innocent Whites – The Seattle Medium

LARRY SMITH FREED, JOINING OTHERS FRAMED BY DETROIT POLICE, PROSECUTORS USING ‘RING OF SNITCHES’ | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

WRONGFULLY CONVICTED AND UNLAWFULLY IMPRISONED: MICHIGAN RANKS 2D IN U.S. WITH EXONERATIONS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

RAMON WARD, FAMILY CELEBRATE RELEASE AFTER 27 YRS. ON FALSE CONVICTION; WHEN WILL 100’S MORE BE FREED? | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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 VOD’s staff lives either on limited fixed incomes or is incarcerated. We are not paid; we publish the newspaper pro bono. Help keep us afloat by chipping in so stories on this Prison Nation and Police State, and related matters, keep coming! Any amount is appreciated.

      DONATE TO VOD

                 https://www.gofundme.com/donate-to-vod

(Contact editor for details on other ways to send funds, at 313-825-6126 or diane_bukowski@hotmail.com.)

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SIGN THE PETITION FOR CITY OF DETROIT RETIREES TO GET $1400 PENSION ‘BOOSTER SHOT’

City of Detroit Retirees Deserve $1400 Pension “Booster Shot”

 

2021 COVID INDUCED INFLATION CUT PENSIONS SEVEN PERCENT (7%)

 

Voice of Detroit normally covers stories involving mass incarceration and police abuse. But Editor Diane Bukowski is a City of Detroit retiree, and strongly endorses petition.

Sign the petition

City of Detroit General Fund Retirees have been severely impacted by the COVID-19 pandemic. Retirees are among the most vulnerable population due to declining health and income. The death rate of Detroit General Fund Retirees during the pandemic has exceeded expectations by 151%.

Inflation for 2021 was at a forty year high of 7%. This surge has decreased retiree buying power substantially. For comparison, from 2015 to 2020 retirees lost only 9% in six years from inflation increases.  General Fund Retirees stopped receiving cost of living adjustment due to the bankruptcy plan of adjustment in 2014. (Police and fire retirees did not lose all of their cost of living protection).

Retirees are having a hard time providing for their basic needs during the pandemic.

Detroit’s elected officials could use some of the $826 million Federal funds from the American Rescue Plan Act to rescue Detroit’s General Fund Retirees.

There are about 11,200 General Fund retirees with an average yearly pension of $20,000 (2020 figures). A 7% “booster shot” one-time payment would be $1,400 to rescue these retirees from this severe loss.

The cost to the City would be less than $16 million – less than 2% of the total American Rescue Plan package. This is what these funds were intended to do!

We call on Detroit’s Mayor and City Council to take immediate action to protect City of Detroit General Fund retirees who gave so much to the city in their years of service by rescuing General Fund Retirees with a $1,400 pension “booster shot.”

Sign the petition

 Visit moratorium-mi.org for sample resolution and more

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JUDGE DENIES BRADY MOTIONS ON KILLER’S CONFESSION AT EWING-SEARCY HEARING, MAY RECONSIDER MARCH 9

Above: families who say their loved ones were wrongly convicted rallied outside the Frank Murphy Hall in Detroit June 4; Darrell Ewing and Derrico Searcy’s brother Shawn Searcy of “Operation Liberation” organized rally.

Judge says “Brady” ruling does not apply in Ewing-Searcy case, upholding prosecutor, but she will entertain further motions, next hearing March 9

Defense atty. Blase Kearney: “The court’s denial of the ability to have an evidentiary hearing is tantamount to adopting the prosecutor’s factual representation—a finding of fact.”

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By Diane Bukowski

January 18, 2022 

Judge Darnella Williams- Claybourne

DETROIT—During a Jan. 10 pre-trial hearing on the cases of Darrell Ewing and Derrico Searcy, Wayne Co. 3rd Judicial Circuit Court Judge Darnella Williams-Claybourne denied two defense motions to dismiss and/or compel further evidence disclosure under Brady v. Maryland. That is a 1963 U.S. Supreme Court ruling which mandates that prosecutors and law enforcement officials promptly provide all exculpatory evidence, favorable to the defense.

In the motions, defense attorneys Lillian Diallo and Blasé Kearney contended that the prosecution concealed Tyree Washington’s Feb. 2017 Mirandized, videotaped confession to the 2009 murder of J.B. Watson, the crime for which Ewing and Searcy were convicted. That confession was given to the Michigan State Police and forwarded to the Detroit Police Department and the Wayne County Prosecutor.

As part of his motion, Kearney asked the Court to hold an investigative evidentiary hearing on the case, but the Judge also denied that request.

The Michigan Court of Appeals vacated the Ewing and Searcy convictions October 22, 2020, in the wake of previous rulings by multiple federal and state courts that the two Detroit men deserved a new trial, because jury members illegally engaged in gang-related research about Washington on the internet that led them to discount third-person testimony about his confession.

Top: Darrell Ewing (l) Derrico Saarcy (r) Bottom: Wayne County Pros. Kym Worthy

“I don’t see where Brady applies to post-conviction settings,” Judge Williams-Claybourne said, noting she had extensively researched applicable case law.  “Even if Brady does apply—from what I saw—I did not see where dismissal is the remedy.”

The Judge did grant a request from Ewing’s attorney Lillian Diallo to require the prosecution to provide all copies of the Detroit Police Department’s “progress notes” on the cases by January 19,  and left the way open for defense motions to reconsider her rulings. She set a date of March 9 at 1 p.m. for the next hearing.

“Unable to let the record go uncorrected, I had to mention during the hearing that there are numerous cases that hold Brady applies post-conviction,” Ewing told VOD. “That’s not to exclude the ethical duties of the prosecutor to adhere to the Michigan Rules of Professional Conduct 3.8(f).” (See box below right.)

Ewing has been studying the law and taking courses for a paralegal degree since his incarceration in 2010.

He continued, “God willing, on March 9th, when she gives her ruling, I hope the honorable Judge, who graciously gave us another shot, will use all of the power at her discretion to send a strong message to the Wayne County Prosecutor repudiating this travesty of justice: ‘enough is enough!'”

Ewing noted that Wayne County has the second highest number of wrongful convictions in the country, and asked, “How many more innocent men and women are they doing this to?”

Ewing and his family helped organize a rally June 4 outside of the Frank Murphy Hall attended by hundreds of others who say their loved ones have been wrongfully convicted.

During the hearing, Ewing spoke directly, citing two cases which he said showed there were rulings that Brady is applicable in similar situations. VOD’s review of one case, Tennison v. City and County of San Francisco, 2009, found it eerily similar to the circumstances of the Ewing-Searcy conviction.  In 1989, J.J. Tennison and Antoine Goff were convicted for the murder of a young man which the prosecution claimed was related to gang wars. The only witnesses who testified at trial to identify the defendants were two children, girls 11 and 14 years old. Another man afterwards confessed to the murder.

Courts thew out the convictions in proceedings after trial, citing Brady. Tennison later won a $4 million wrongful conviction settlement and was fully exonerated after the prosecutor filed for dismissal of the case.

They said the prosecution did not report a $2500 payment to the witnesses under a “secret witness” program,  and concealed the Mirandized confession of another man to the crime.

During the four-hour hearing, Judge Williams-Claybourne cited many cases that she said led her to believe that Brady does not apply in post-conviction proceedings, such as District Attorney’s Office for the 3rd Judicial District v. Osborne (U.S.2009). See link below story.

The defense countered that the ruling in Osbourne was basically that Brady was not the proper forum for the case, not that Brady was barred from all post-conviction proceedings.

She also cited a 2013 Court of Appeals opinion on the case, saying the courts already knew of Washington’s confession.

She quoted from the opinion in part, “Washington contended that the prosecutor in this matter indicated a lack of interest in having him testify at Ewing’s and Searcy’s trial ‘because they had who they wanted. Washington indicated a willingness to waive his ‘Fifth Amendment rights of self- incrimination’ and to “tak[e] full responsibility and consequences of my actions.'” See:

http://voiceofdetroit.net/wp-content/uploads/People-v.-Searcy-Ewing-COA-2013.pdf

A review of that opinion shows that most of it related to the juror misconduct, deeming it harmless error. The entire opinion was overturned later, in opinions by U.S. District Court Judge Denise Page Hood and the Sixth Circuit Court, which cited the juror misconduct and ordered an evidentiary hearing on the case.

In 2019, Wayne 3rd Circuit Judge Michael Hathaway ordered a new trial for Ewing and Searcy. His ruling was strongly upheld by the Michigan Court of Appeals.

Asst. Prosecutor Kam Towns contended that dismissal of the case is not a proper remedy, and neither is an evidentiary hearing, in part because witnesses testified at the 2010 trial that they knew Washington was responsible for the murder of J.B. Watson.

Wayne Co. AP’s Kam Towns (l), Jon Wojtala (r).

“We provided all the exculpatory information to the defense,” she said, claiming that neither she nor AP Jon Wojtala knew of the 2017 confession by Washington to the State Police until they received the criminal case file from the Detroit police officer in charge in 2020.

“It is important to understand that the entire basis for appeal had to do with jury misconduct, Towns said. “There is nothing in case law that can support an evidentiary hearing. . . The remedy is a new trial, based on the rogue actions of jurors. Not the fact that the jury listened to alleged confession of Mr. Washington and still convicted him.”

According to trial transcripts reviewed by VOD, Washington himself did NOT testify at trial, which would have allowed the jury to hear from him directly and judge his demeanor. Despite claims in the affidavit presented by his attorney to Towns that he would testify, he took the Fifth Amendment and did not. He did provide a videotaped interview to Private Investigator Scott Lewis, six months after he gave his confession to the Michigan State Police.

Searcy’s attorney Blase Kearney said regarding his motion to compel, that the legal claims in addition to Brady also include a due process violation, [a U.S. constitutional issue], and Michigan Court Rules related to discovery and professional conduct.

Attys. Blase Kearney, Neighborhood Legal Defense (l), Lillian Diallo, Legal Warriors, PLLC (r).

“I think that the court’s denial of the ability to have an evidentiary hearing is tantamount to adopting the prosecutor’s factual representation—a finding of fact. . . The Officer in Charge (OIC) is not conducting any further investigation—that’s WRONG. . .the government has decided not to act to investigate further. That adds an element of nefariousness to the OIC. There are questions that have a constitutional character to them, including factual questions. That requires an evidentiary hearing.”

Judge Williams-Claybourne cited the original Brady ruling only, but did not refer to subsequent U.S. Supreme Court decisions that expanded the scope of Brady, including Cone v. Bell (U.S. 2009): A prosecutor’s pre-trial obligations to disclose favorable or impeaching evidence “may arise more broadly under a prosecutor’s ethical or statutory obligations” than required by the Brady/Bagley post-conviction “materiality” standard of review.  A “prudent prosecutor [should] err on the side of transparency, resolving doubtful questions in favor of disclosure.” (Below)

______________________________________________________

US SUPREME COURT Rulings on Brady violations 

Brady v. Maryland (U.S. 1963) held that a prosecutor under the 5th and 14th Amendments has a duty to disclose favorable (exculpatory) evidence to defendants upon request, if the evidence is “material” to either guilt or punishment. 

Giglio v. United States (U.S. 1972): Required reversal of conviction due to non-disclosure of immunity agreement given to prosecution witness; “evidence of any understanding or agreement as to a future prosecution would be relevant to [co-conspirator’s] credibility and the jury was entitled to know of it.” Said “impeachment” evidence on witnesses is to be treated as exculpatory evidence under Brady.

United States v. Agurs (U.S. 1976): Prosecutor has a due process duty to disclose evidence about a victim’s criminal record, with noted exceptions.

United States v. Bagley (U.S. 1985): A prosecutor’s duty to disclose material favorable evidence exists regardless of whether the defendant makes a specific request. “Favorable evidence” is “material” if there is a reasonable probability that disclosure of the evidence would have produced a different outcome at trial.

Kyles v. Whitley (U.S. 1995): Accused entitled to a new trial because the prosecution’s failed to comply with the due process obligation to disclose material evidence favorable to the accused. That evidence raised a reasonable probability that its disclosure would have produced a different result. Even if the prosecutor was not personally aware of the evidence, the State is not relieved of its duty to disclose because “the State” includes, in addition to the prosecutor, other lawyers and employees in his office and members of law enforcement. 

Strickler v. Greene (U.S. 1999): A Brady violation occurs when: (1) evidence is favorable to exculpation or impeachment; (2) the evidence is either willfully or inadvertently withheld by the prosecution; and (3) the withholding of the evidence is prejudicial to the defendant. 

Cone v. Bell (U.S. 2009): A prosecutor’s pre-trial obligations to disclose favorable or impeaching evidence “may arise more broadly under a prosecutor’s ethical or statutory obligations” than required by the Brady/Bagley post-conviction “materiality” standard of review.  A “prudent prosecutor [should] err on the side of transparency, resolving doubtful questions in favor of disclosure.” 

District Attorney’s Office for the 3rd Judicial District v. Osborne (U.S.2009): Prosecution’s duty to disclose applies only to evidence suppressed at trial, not evidence suppressed post-conviction. In this case, Plaintiff sought post-conviction release of DNA evidence through a civil lawsuit although he had not pursued the state’s established remedies for release. The USSC said Brady v. Maryland was not the proper format for Osborne to bring his complaint.

Smith v. Cain (U.S. 2012): Impeachment evidence must be disclosed when other evidence is not strong enough to support conviction. 

Wearry v. Cain (U.S. 2016): The prosecution’s failure to disclose material evidence violated the death row inmate’s due process rights because the newly revealed evidence sufficed to undermine confidence in the inmate’s conviction.  The only evidence directly tying the inmate to capital murder were two witnesses’ “dubious” and “suspect” testimony.

________________________________________________________

Related:

The cases of Ewing and Searcy have been featured on various national wrongful conviction websites, including a series of six episodes in which legal criminal conviction experts have reviewed the Ewing-Searcy case and found it woefully wanting in evidence to convict.

Darrell Ewing | Actual Innocent Prisoners

Rico Searcy | Actual Innocent Prisoners

Undisclosed Podcast (undisclosed-podcast.com)

https://www.unjustandunsolved.com/post/episode-8-darrell-ewing

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Related documents:

U.S. SUPREME COUT RULING BRADY V. MARYLAND: at http://voiceofdetroit.net/wp-content/uploads/Brady-v.-Maryland-__-373-U.S.-83-1963-__-Justia-US-Supreme-Court-Center.pdf

Michigan Rules of Professional Conduct: at http://voiceofdetroit.net/wp-content/uploads/Rule-3.1-3.9-Advocate-Mich.-R.-Profl.-Cond.-3.1-3.9-_-Casetext-Search-Citator.pdf

District Attorney’s Office for Third Judicial District v. Osborne:  http://voiceofdetroit.net/wp-content/uploads/08-6-District-Attorneys-Office-for-Third-Judicial-Dist.-v.-Osborne-06_18_09.pdf

Tennison v. City and County of San Francisco: http://voiceofdetroit.net/wp-content/uploads/Tennison-v.-City-and-County-of-San-Francisco-570-F.3d-1078-–-CourtListener.com_.pdf

Michigan Court of Appeals ruling affirming order for new trial in Darrell Ewing, Derrico Searcy cases: http://voiceofdetroit.net/wp-content/uploads/2-Darrell-Ewing-COA-opinion-10-13-20.pdf

Transcript of Judge Michael Hathaway’s order for a new trial: http://voiceofdetroit.net/wp-content/uploads/Darrell-Ewing-Derrico-Searcy-Remmer-Hearing-Transcripts.pdf

6th Circuit ruling on Michigan AG’s appeal of District Court ruling:  http://voiceofdetroit.net/wp-content/uploads/Ewing-6th-CC-2-5-19-compressed.pdf

Judge Denise Page Hood’s opinion on remand from 6th Circuit Court: http://voiceofdetroit.net/wp-content/uploads/Opinion-on-remand-Ewing_v_Woods__miedce-15-10523__0016.0.pdf

U.S. District Court Judge Denise Page Hood’s order for new trial:  http://voiceofdetroit.net/wp-content/uploads/Darrell-Ewing-habeas-corpus-grant-1.pdf

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 VOD’s staff lives either on limited fixed incomes or is incarcerated. We are not paid; we publish the newspaper pro bono. Help keep us afloat by chipping in so stories on this Prison Nation and Police State, and related matters, coming! Any amount is appreciated.

      DONATE TO VOD

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(Contact editor for details on other ways to send funds, at 313-825-6126 or diane_bukowski@hotmail.com.)

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VIRTUAL MASS MEETING RE: INCREASING CCW ARRESTS OF BLACKS IN DETROIT V. WHITE ARRESTS SAT. JAN. 29 @ 4 P.M.

Bit.ly/DPDstopandfrisk

Go to the link above to register with email address to attend the meeting.

 

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DETROIT COP DEWAYNE JONES BEAT MENTALLY ILL WOMAN AT HOSPITAL, GOT PROBATION, THEN GOT PROMOTED

ACCOUNTABILITY FOR DEWAYNE JONES!  JUSTICE FOR SHELDY!

Jones beat Sheldy Smith at Detroit Receiving Hospital while she was unclothed

Jones won re-trial (set for Feb. 22,2022) after jury convicted him

DPD promoted Jones to Sergeant after beating

SIGN PETITION AT:

https://www.change.org/p/city-of-detroit-do-not-promote-women-beater-convicted-violent-criminal-cpl-jones/u/30056675 

By Detroit Residents Advancing Civilian Oversight (DRACO)
January 12, 2022

DPD officer Dewayne Jones at court hearing

Detroit, MI – Members of Detroit Residents Advancing Civilian Oversight (DRACO), and others, held a news conference Jan. 12 to express their displeasure with the injustice surrounding the August 2018 beating of hospital patient Sheldy Smith by then-Detroit Police Department Corporal Dewayne B. Jones. Community members picketed outside the courthouse.

“Dewayne Jones was able to get a promotion in spite of being a convicted violent criminal,” said DRACO leader Scotty Boman.  “Now he is trying to be exonerated while his victim (Sheldy Smith) remains captive and isolated from her family.  This isn’t justice.”

Boman noted that the Detroit Police Department’s contract is up for renewal.  He called on the Board of Police Commissioners to insist on a clause in the new contract, barring usurpation of the BOPC’s authority to be the final word on promotions. The BOPC originally refused to approve Jones’ promotion, but it was re-instated by an arbitrator.

Judge Kenneth King

Jones was convicted of assault and battery on March 19, 2019 after a jury trial in front of 36th District Court Judge Kenneth King, in connection with the beating, but King sentenced him only to one year of probation, which he completed May 1, 2020. His case was then re-assigned to Judge E. Lenise Bryant.

He appeared in front Judge E. Lenise Bryant to confirm the probation results and appealed the 2019 jury verdict.

On April 21st, 2021, Judge Bryant vacated the verdict, and granted Jones a new trial.

“The defense attorney at trial failed to act in a manner consistent with what a reasonably competent attorney would do at a very critical point in the defendant’s jury trial as it related to the correct jury instructions to be presented to the jury,” Judge Bryant said in granting a motion by Jones’ defense attorney for a new trial.

36th District Court Judge E. Lenise Bryant

On Jan. 12, Jones had a pre-trial hearing in front of Judge Bryant. His new trial is set for Feb. 22. See Case No. 1806106901. Dewayne Berran Jones, Assault and battery case, here. https://www.36thdistrictcourt.org/online-services/case-inquiry-schedule

Call Wayne County Prosecutor Kym Worthy at

For more information, please contact:

Scotty Boman, D.R.A.C.O. Founder 
(313) 247-2052 [Voice only] (313) 338-9769 [Text only] ScottyEducation@yahoo.com

ASHLEY SMITH

Ashley Smith, victim’s sister

Phone: (254) 290-7303
justice4sheldy@gmail.com

Lory Parks, National Action Network (313) 492-6774

 

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19TH ANNUAL DETROIT MLK DAY VIRTUAL RALLY AND MARCH MON. JANUARY 17, 11 A.M. – 12:30 P.M.

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FREE COVID TESTING, VACCINATIONS, BOOSTERS SAT. JAN. 8 @ 11AM-4 PM. WILDER LIBRARY 7140 E. 7 MILE DETROIT

Detroit COVID-19 data: Tracking cases, deaths (clickondetroit.com)

1 out of 6 Detroiters (98,919) have confirmed COVID cases

GET VACCINATED, BOOSTED — WSU Mobile Health Unit

No cost, no insurance or ID required; diabetes and cholesterol testing also

Russ Bellant, President Detroit Library Commission

By Russ Bellant

Jan 7. 2022

UPDATE WITH FUTURE LOCATIONS, DATES

Jan. 9, 2022

As many leaders as possible (that is every one of us) must divert more time to stop this disease madness. Reach out to any area among friends, family, neighbors, the displaced and encourage the steps that you believe are appropriate to combat COVID.

On the brighter side, the event today at the Wilder Library branch with Wayne State’s mobile unit received at least 70 people by 3 pm who wanted testing, vaccinations or booster shots. This was the result of aggressive promotion through various social media venues by the Library’s media department, and a number of you who forward the message below yesterday, plus some hours of street promotion today.

Below is the Wayne Health/ Detroit Public Library schedule of delivery of health service across the City. Those services include COVID testing, vaccination and booster shots, as well as screenings for blood pressure, kidney functions, diabetes and cholesterol. 

The Mobile Health Unity will be offering free COVID-19 testing (for those 3+ years old) and COVID-19 vaccinations (for those 12+ years old). Those who stop by can receive free health screenings for diabetes, cholesterol, kidney function and blood pressure. Information will also be available to connect people with community resources.
Jefferson Branch Library: 12350 E. Outer Dr.
• Saturday, January 22, 2022: 11:00 a.m. – 4:00 p.m.
• Saturday, February 12, 2022: 11:00 a.m. – 4:00 p.m. (Return Date for 2nd dose)
Wilder Branch Library: 7140 E. 7 Mile Rd.
• Saturday, January 29, 2022: 11:00 a.m. – 4:00 p.m.
• Saturday, February 19, 2022: 11:00 a.m. – 4:00 p.m. (Return Date for 2nd dose)
• Monday, January 8, 2022: 11:00 a.m. – 4:00 p.m.
• Monday, January 29, 2022: 11:00 a.m. – 4:00 p.m. (Return Date for 2nd dose)

Redford Branch Library: 21200 Grand River Ave. (Inside)
• Saturday, January 15, 2022: Noon – 5:30 p.m.
• Saturday, February 5, 2022: Noon – 5:30 p.m. (Return Date for 2nd dose)

Edison Branch Library: 18400 Joy Rd.
• Saturday, January 29, 2022: 11:00 a.m. – 4:00 p.m.
• Saturday, February 19, 2022: 11:00 a.m. – 4:00 p.m. (Return Date for 2nd dose)
If you have any questions, please call 313-448-9850 or visit https://waynehealthcares.

The Detroit Health Department says there are 98,919 confirmed COVID cases in Detroit now, out of a population of roughly 637,000 people. That means that one of 6.5 Detroiters have COVID.

The national numbers are worse, with 58.4 million cases out of 332,000,000 citizens, or one of every 5.7 people. Over 832,000 have died from COVID, more loss of U.S. lives than from World Wars 1 and 2, Vietnam, Korea, Iraq and Afghanistan combined.

Please encourage everyone you know who isn’t vaccinated to come to 

WILDER LIBRARY BRANCH

7140 E. Seven Mile (a few blocks west of Van Dyke) 

SATURDAY, JANUARY 8, FROM 11 A.M. TO 4 P.M. 

Wayne State University’s Mobile Health unit will be set up to give free testing for COVID, vaccinations or boosters. No cost, no insurance nor ID is required. You can also get diabetes and cholesterol testing.

The odds of a COVID carrier in supermarkets, churches, classrooms and sporting events make it necessary to act. There are no perfect solutions, but to not act is surely the most dangerous and deadly way to go.

 

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 VOD’s staff lives either on limited fixed incomes or is incarcerated. We are not paid; we publish the newspaper pro bono. Help keep us afloat by chipping in to keep stories on this Prison Nation and Police State, and related matters, coming! Any amount is appreciated.

      DONATE TO VOD

                 https://www.gofundme.com/donate-to-vod

(Contact editor for details on other ways to send funds, at 313-825-6126 or diane_bukowski@hotmail.com.)

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UKRAINE: WHAT DOES IT HAVE TO DO WITH BLACK FOLKS? BLACK AGENDA REPORT

Neo-Nazi Azov Battalion in Kyiv Photo: Sopa Images / SOPA Images/LightRocket via Getty

​​​​​​​ Ajamu Baraka, BAR editor and columnist

Jan. 6, 2022

“…it is imperative that everyone, in particular Black and working-class people, understand that not having an awareness of the interconnections of the “grind” (the struggle to survive in the U.S.) and U.S. white supremacist, imperialist policies, and not being prepared to commit to altering those power relations, ensures that the conditions will persist that translates into suffering and even death for the colonized, the working classes, the oppressed, and all of global humanity”

____________________________________________________________

Voice of Detroit Editor’s Note: This article is being re-printed here, with additional photos, because the situation with U.S. foreign policy in Ukraine and around the globe intimately affects those affected by mass incarceration and police abuse in this country.

While millions, mostly Black people and others of color, and poor people languish in the concentration camps that are U.S. prisons, and while police murder and abuse of the same populations increases without pause, the U.S. continues to spend over half the federal budget on the military, and para-military funding of local police forces, rather than on health care for all, jobs, social services, and infrastructure needs.

___________________________________________________________

President Joe Biden told Ukrainian President Volodymyr Zelensky that the US and its allies “will respond decisively if Russia further invades Ukraine,” according to a readout of a call between the two. CNN

The worldview of liberals usually ends at the borders of the U.S. settler-state until they are mobilized by the oligarchy to provide ideological cover for the latest imperialist intrigue. This is as true for the liberal Black “misleadership” class as it is for Euro-American liberals.

But U.S.-centrism and class collaboration are not just maladies of the liberal class. Self-identified radicals or leftists from all backgrounds also suffer from this affliction, resulting in a very thin social base for anti-imperialism in the U.S., and even throughout Western Europe.

So, Ukraine, Russia, and NATO feel like a world away and in no way relevant to the everyday grind that the millions of working people are forced to engage in as part of this vicious, backward social, economic system called capitalism. However, because of the startling incompetency of the Biden Administration, the strong possibility of a misstep in Ukraine could very well lead to a nuclear confrontation with Russia — making the situation in Ukraine as significant as life itself for all of us.

What is in play? 

The pro-state, pro-imperialist propaganda operations that masquerade as a press involved in journalism never bring any international issue to the attention of the U.S. public unless it is to mobilize the public to support the policies and interests of the capitalist elites. Over the last few weeks, the propagandists have been busy inundating the public with stories of Russia aggression in Ukraine.

Why? 

Because even though it has only been a few months since the U.S. had to retreat from Afghanistan, the public is once again being mobilized to support the mad policies of the U.S. in Ukraine; policies that appear to be purposely attempting to evoke some kind of military response from the Russia Federation, which the U.S. has explicitly stated it would respond to.

The U.S. Peace Council’s statement on Ukraine Reveals why Ukraine is important. 

The statement first provides important historical context in order to counter the narrative being pushed by the corporate press and their liberal and radical collaborators:

“For weeks, the U.S. corporate media have been shrill in declaring that Russia, having positioned tens of thousands of Russian troops on the border, may be about to invade Ukraine. U.S. State Department spokesmen have been threatening Russia with punishing economic sanctions if there were an invasion. Daily, if not hourly, TV viewers are shown satellite images supposedly showing Russian troop concentrations on the Ukraine border, accompanied by unflattering photos of a scowling Vladimir Putin, depicted as the evil source of the new U.S.-Russia tensions.”

And how did this situation emerge in Ukraine?

The fascist neo-Nazi coup in Ukraine in 2014 was a precursor of the attempted fascist, racist coup in the U.S. on Jan. 6, 2021; white supremacists from the U.S. are now campaigning for the neo-Nazis in Ukraine; see: A Year After 1/6, Ukraine’s War Draws U.S. Far-Right to Fight Russia, Train for Violence at Home (newsweek.com)

The corporate press usually leaves out vital information, like the U.S.-supported coup against the democratically elected government of Victor Yanukovych in 2014 (one of a number of coups that the Obama/Biden administration pulled off during its eight years in office).

As a result of the coup, many people in that country, but particularly in the more Russia speaking parts of Eastern Ukraine that had overwhelmingly supported Yanukovych, rejected the new coup government as illegitimate. In response, the coup government, which had significant numbers the extreme right- neo-Nazis in the government and in the security forces, attacked the peoples in the East. In other words, the government attacked its own people — a charge that the Obama administration had levelled at Syrian president Bashar al-Assad to delegitimize his government just a couple of years earlier.

MINSK II ACCORDS

As a result of the military assault by the new government, two regions in the East, Donetsk and Luhansk, broke away from Ukraine and declared themselves independent. The intensification of the ensuing war led to an agreement referred to as the Minsk II Accords in early 2015. This agreement was negotiated and agreed to by France, Germany, Russia, and Ukraine and endorsed unanimously by the UN Security Council, including the United States.

“The Accords provided for demilitarization of eastern Ukraine, restoration of Ukrainian sovereignty over the eastern regions, and full autonomy for the Donbas region. Despite occasional lip service, they have been largely ignored by the U.S. and NATO.”

The US Peace Council (USPC) statement also points out that Victoria Nuland, one of the architects of the Obama/Biden coup in 2014, testified before Congress on the billions of dollars the U.S. pumped into Ukraine to provoke the coup and then prop-up the coup government.

Back in power, the Democrats apparently have decided to take up where they left off in Ukraine. They consciously encouraged Ukraine’s government to ignore the Minsk agreement and to take back the Donbas region in the East by force and provided them with the military means to do so.

________________________________________________________

PRINCETON STUDY ESTIMATES THAT 32 MILLION PEOPLE IN THE U.S. AND RUSSIA WOULD DIE AT THE OUTSET OF A NUCLEAR WAR.

________________________________________________________

“The incorporation of Ukraine into NATO would move NATO weapons and troops even closer to the heartland of Russia. This is to say nothing of the fact that, within living memory, the Russian people suffered invasion from the West. In 1941-45 Hitler’s armies, 4 million strong, devastated the country in a genocidal war that took some 27 million lives.”

In his year-end press conference on December 23rd, Mr. Putin stressed that “Further movement of NATO eastward is unacceptable. They are on the threshold of our house. Is it an excessive demand — no more attack weapons systems near our home? Is there something unusual about this?” One need not be an unqualified admirer of the politics of Vladimir Putin to acknowledge that the Russian leader has legitimate security concerns.

What must be done according to the USPC:

U.S. Peace Movement Must Act Before it is Too Late

To counter those permanent powerful forces will take counterpressure. The U.S. peace movement should reject demonization of Russian leaders. We must act urgently to push for immediate de-escalation of this NATO-created dangerous crisis. We must vehemently demand that:

  • The Minsk II agreement serves as a framework for a non-violent, diplomatic solution to the crisis that also fully involves the United Nations Security Council.
  • The U.S. and its allies cease unnecessary provocations including increased arms sales to Ukraine and suggested NATO membership.
  • Potential threats to international peace be taken up by the United Nations and subjected to the provisions of the UN Charter and other elements of international law instead of arbitrary and illegal actions by any state or regional formation.”

The U.S./EU/NATO Axis of Domination has been a continuous threat to global peace and security. However, with the precipitous decline in their global prestige if not actual power, because they still possess enormous economic and military power, the inability of the white supremacist colonialist mind to come to terms with the new realities of the present world makes the decision makers in the U.S. and Europe an existential threat to all of humanity.

The military pivot to China, criminal sanctions against over thirty nations, wars, subversion, torture, the commodification of disease, the blatant disregard for life represented by the CDC’s decisions to force workers back on job even if they are sick, mass incarceration, militarized police, over eight hundred military bases around the world — all testify to why radical change in the U.S. and the dismantling of the U.S. empire is a global imperative.

It is also why it is imperative that everyone, in particular Black and working-class people, understand that not having an awareness of the interconnections of the “grind” (the struggle to survive in the U.S.) and U.S. white supremacist, imperialist policies, and not being prepared to commit to altering those power relations, ensures that the conditions will persist that translates into suffering and even death for the colonized, the working classes, the oppressed, and all of global humanity.

The right to peace is fundamentally intertwined with the right to life, and both rights are “People(s)-centered human rights.” However, these fundamental rights will never be realized as long as we allow the capitalist criminals currently in control of the U.S. state and system to operate with impunity. The task is clear.

Ajamu Baraka 

Ajamu Baraka is the national organizer of the Black Alliance for Peace and was the 2016 candidate for vice president of the United States on the Green Party ticket. Baraka is an editor and contributing columnist for the Black Agenda Report and was awarded the US Peace Memorial 2019 Peace Prize and the Serena Shirm award for uncompromised integrity in journalism. He is a member of the Executive Committee of the U.S. Peace Council.

 

Related:

U.S.-Russia confrontation over Ukraine threatens to become all-out war — but why? | Salon.com

US-Russia nuclear war would kill 34 million people within hours and is increasingly likely, Princeton study concludes | The Independent | The Independent

Everything you wanted to know about the Minsk peace deal, but were afraid to ask | Euromaidan Press | Euromaidan Press

A Year After 1/6, Ukraine’s War Draws U.S. Far-Right to Fight Russia, Train for Violence at Home (newsweek.com)

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