RALLY AT APPEALS COURT HEARING ON PA 4 REFERENDUM THURS. MAY 17, 2012 9 AM; PACK THE HEARING AT 10 AM; CADILLAC PLACE, SECOND/W.GRAND BLVD.

By Michigan Forward

May 16, 2012

Dear Supporters of Democracy in Michigan,

It has come to our attention that right-wing elements in state government are hard at work to make sure the petition to repeal the emergency manager dictator law never makes it to the ballot this November.

Board of Canvvassers; four members are at front, during contentious hearing April 26./ Photo Leonna McElvone

As you may know, the State Board of Canvassers split 2-2 along party lines and were unable to reach agreement that the petition met the 14 point font size for the headline. What you do not know is that the staff for the Michigan Secretary of State knew in advance that the font size was in fact correct before the hearing began.

They knew this because they asked for an independent analysis of the font size from a respected professor at Michigan State University. This professor analyzed the petition, confirmed that the font size was correct, transmitted his findings to the state at their request and promptly had his findings ignored in the final report to the board. In other words, the fix was in to make sure the dubious argument that the font size was incorrect would go forward in spite of proof that the state had to the contrary.

This omission creates a bold-face lie. The republican representatives on the board said the font size was incorrect despite their own staff knowing that it was in fact correct. The result makes the board of canvassers hearing nothing more than a scam concocted to paint the picture that something was wrong with the petitions when in fact, nothing was wrong.

Edith Payne, who marched with Dr. King and is one of the litigants in lawsuit against PA 4, testified before the Board of Canvassers April 26, 2012.

Tomorrow, Thursday, May 17, 2012 at 10 a.m. the Michigan Court of Appeals will hear arguments from attorneys representing the people of Michigan in Stand Up for Democracy. The judges on the panel were given  a sworn statement from Mr. Chris Corneal, Associate Professor of Graphic Design in the Department of Art, Art History and Design at Michigan State University. Mr. Corneal, apparently distressed that the state knew the font size was correct but continued to act as if it was not correct, typed his statement; found a notary public and swore that he was telling the truth about several important facts:

1. He was asked to review the font size of the petition headline that is in dispute.

2. He determined that the font size is correct.

3. He told elections officials the font size is correct before the hearing.

None of Professor Corneal’s findings saw the light of day at the board of canvasser’s meeting. Now his findings will not see their way into the court hearing either because the judges have ruled that neither the professor, his findings nor his testimony will be allowed before the court. Why? Because they were never presented at the board of canvassers’ hearing. And why is that? Because somebody at the Secretary of State’s office made sure that Professor Corneal’s review of the petition would not be included in the final report to the board of canvassers because it is in direct opposition to the right-wing challenge on the font size.The fix is in but we don’t have to let them get away with it.

Join other supporters of democracy today at 4 pm for a press conference at 600 W. Lafayette in downtown Detroit. Let them know they won’t get away with the lie any longer.

Then join Stand Up for Democracy for a prayer rally at 9 am outside the Michigan Court of Appeals in front of the old GM building at W. Grand Blvd. and Second where we will pack the courtroom for the 10 a.m. hearing. Stand together for justice and stand up for democracy.

Sincerely,

Stand Up for Democracy 

Michigan Forward | May 16, 2012 at 6:20 pm | Tags: emergency management, public act 4, repeal public act 4, stand up for democracy | Categories: Repeal Public Act 4 | URL: http://wp.me/p26azi-AE

Three thousand marched on Gov. Rick Snyder's house on MLK Day Jan. 26, 2012 to demand the end of PA 4

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RALLY AT AFSCME NEGOTIATIONS MAY 18, 4 PM WATER BOARD BLDG.

AFSCME Local 207 led protest against attacks on city workers, residents in April.

On May 4th, AFSCME Local 207’s bargaining team met with management in our first formal contract negotiations. We meet again on the 18th.  Management is demanding a second-class Jim Crow contract. It is clear that management thinks they can just take away the rights and benefits we worked years to win. If they don’t think we’ll strike, they won’t bargain. The members will have to prove them wrong.

UNION’S DEMANDS: Local 207 proposed contract language including pay raises of $2.00/hour in the first year, $1.50/hour in the second year, and a $1.00/hour raise in the third year. We proposed restitution of longevity, and leaving healthcare insurance and retirement as is.

Many AFSCME workers are single mothers with children; clerical workers make less than the poverty rate.

WAGES: They offered us no pay raise. In recognition of our union’s strength, management is not seeking direct wage cuts (though inflation has been cutting our wages for years). Instead, they to deduct more from our checks for new inferior health insurance and pension plans. Management wants to reduce our spendable income by about 10-15! That’s the same as a pay cut!

DURATION OF CONTRACT: They want a one-year contract. This so that the Director Sue McCormick and EMA consultants that she hired for over $300/hour can take a year to redo our job classifications and work rules, combine job duties, speed up the pace of work and reduce the numbers of DWSD workers, then have another go at us in 2013

PENSIONS: Those hired after July 1, 2012 would have a Defined Contribution pension plan, as opposed to our current Defined Benefit plan. If you were hired before July 1, 2012, they want you to pay 5% of your base pay rate to stay in our current DB plan. In management’s proposal, the only way to avoid the 5% pay check deduction would be to trade your DB pension for an inferior DC plan. The DC plan would reduce our pension to an annuity-type account, subject to the ups and downs of the financial markets and limited to what we could afford to contribute towards it. It would mean about a third less to live on once you retire, and if you live long enough, or have to spend more than you expected, you would be left penniless in your old age. Our DB plan is much more secure, based on years of service, final wages and a multiplication factor which is part of our current contract. It’s paid out for as you or your beneficiary lives. Our annuity plan is just a supplement to our pensions. Management’s proposal would essentially convert our whole pension plan to an annuity or retirement saving account, and devastate our basic pensions.

Many are demanding moratorium on Detroit's $12 billion debt to the banks.

HEALTHCARE: As we’ve said earlier, management wants to increase our total costs for health insurance by around 90% over the course of your employment. This is unacceptable.

UNION BUSTING: They want to strip our contract of anything that is out of sync with Federal Judge Cox’s 2011 order, including union officers with time off to do union work, seniority in promotions, beneficial past practices, and protections from privatization and subcontracting. They want to deny you the right to talk to your steward unless you’re being disciplined. They want discipline (including for attendance) to stay on your record for 36 months rather than the current 14 months, setting you up for further discipline and stopping you from being promoted. Management proposed a one-year probation period for new hires during which time they could be fired for anything without union representation. They even want Local 207 and Council 25 to drop our legal appeals of the Cox’s blatant union busting order!

We cannot let them take away our standard of living, especially since DWSD is not broke and our pension funds are secure. We will have to strike or let them loot our futures. Federal Judge Cox’s order for separate DWSD bargaining is an attempt to isolate Local 207 from the rest of the city workers. His attack on Local 207’s leadership and our union rights shows that our union is the only power that puts fear in the hearts of Cox, Snyder and Bing, and behind them, the rich white corporations who are attempting to “restructure” Detroit by smashing all vestiges of black power and workers power in a city that won’t quit fighting. The recent school walkouts show that Detroit has the will to fight.

The Water Department is where we make our stand. This is our opportunity to lead our majority-black, proud working-class city to victory against the corporations and their lackey politicians. If Local 207 members take up this challenge and fight not only for our union contract, but for the future of the Water Department and the city of Detroit, we can stop the vicious attacks against us, throw out the New Jim Crow plan our enemies have for us, and mount a fight that will change history.

Referring to unions, Dr. Martin Luther King, Jr. said that power means forcing someone to do what he doesn’t want to do. Management doesn’t want to treat us or Detroit with any respect. We must recognize our power and use it now to force them to do what they don’t want to do.

 

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JUDGE THROWS OUT “JAIL-HOUSE SNITCH” STATEMENT AGAINST AIYANA JONES’ DAD CHARLES JONES

  

JONES FAMILY DEMANDED JUSTICE APRIL 23, 2012 OUTSIDE FRANK MURPHY HALL.

By Diane Bukowski

May 15, 2012 

DETROIT  — Attorneys for Aiyana Stanley-Jones’ father Charles Jones and Chauncey Owens called Wayne County Circuit Court Judge Richard Skutt’s exclusion of a hearsay statement by “jail-house snitch” Jay Schlenkerman in Jones’ case a victory May 11.  

Jay Schlenkerman testifying at preliminary exam for Charles Jones

“It’s a huge victory,” said Jones’ attorney Leon Weiss of the law firm of  Fieger, Fieger, Kenney, Giroux & Danzig. “Based on what they have now, I don’t think they have enough to convict him of anything.” 

Both Weiss and Owens’ attorney David Cripps called Skutt’s ruling “courageous,” one that many other judges would not have made due to pressure from the daily media. 

Judge Skutt ruled that 36th District Court Judge E. Lynise Bryant-Weekes had “abused her discretion” by allowing the statement to come in against Jones.  He denied Weiss’ motion to quash a charge of first-degree murder, brought by Wayne County Prosecutor Kym Worthy in October, 2011, which alleged that Jones gave a gun to Owens to kill Je’Rean Blake, 17, in May, 2010. 

Killer cop Joseph Weekley shot 7-year-old Aiyana Jones, allegedly as depicted in expert's drawing, on May 16, 2010.

Two days later after the Blake killing, a Detroit police “Special Response Team” stormed the Jones home and shot 7-year-old Aiyana to death on May 16, 2010, causing international outrage.  A grand jury composed of Wayne County Circuit Court Judge Timothy Kenny indicted Detroit cop and Grosse Pointe Park resident Joseph Weekley, who shot her, only on manslaughter charges, at the time Jones was charges. Weekley is free on bond. 

“We’re happy,” said Jones’ mother Mertilla Jones (seen in photo at top with ‘Free Charles Jones’ sign) after the hearing. “We just want Charles home to be with the rest of his family, including his six little boys.” Judge Skutt refused to release Jones on tether, but said he would be open to considering such a release in the future. 

The Jones family, along with the family of Davontae Sanford, who is contesting his conviction of four murders to which hitman Vincent Smothers confessed, held a well-covered protest outside the Frank Murphy Hall on April 23, calling for the freedom of both men. (Click on http://voiceofdetroit.net/2012/04/28/free-davontae-and-charles-justice-for-aiyana-and-trayvon/. ) 

Charles Jones consults with attorney Leon Weiss during earlier hearing

Judge Skutt also ruled that two juries would hear evidence in a joint Owens-Jones trial, which was postponed until September 16, 2012.  The Jones jury will not hear Schlenkerman’s testimony that Owens allegedly told him the details of Blake’s killing, implicating Jones, which Skutt said could come in against Owens. 

Assistant Prosecutor David Moran claimed there was still enough evidence to hold Jones, citing the testimony of eyewitness Amber Holloway at the exam. Moran said she testified that she saw Owens and Jones exit their vehicle and approach Blake together. 

Chauncey Owens (with attorney David Cripps) earlier pled guilty to second-degree murder during hearing April 11, 2011; prosecutor reinstated charge of first-degree murder after he refused to testify against Charles Jones.

Afterwards, Weiss said Moran misrepresented her testimony. Holloway, who said she was in the car with Blake when they went to a liquor store on St. Jean and Mack, also testified that she did not recognize Jones until after she saw him on TV. She said Jones was in the vehicle, but never said she saw the shooting or saw Jones give a gun to Owens, or the pair approaching Blake. 

Owens’ attorney David Cripps said after the hearing that he plans to file a motion to exclude “the wholly unreliable testimony of the jailhouse snitch” against Owens as well. (Click on http://voiceofdetroit.net/2011/05/23/owens-never-said-aiyana-jones%e2%80%99-dad-gave-him-gun-used-in-teen%e2%80%99s-killing/ for story based on review of Owens’ court file.)

Schlenkerman celebrating Christmas after he gave statement to prosecutors in November, 3011.

 “I think it’s pretty clear that Judge Skutt has some concern about this statement,” Cripps said. “I think it’s pretty clear that he suggested [Schlenkerman’s] prompting of Owens took his alleged statements out of the realm of spontaneity. Why would Schlenkerman have testified if he did not think his own case would go more favorably as a result?” 

Schlenkerman is a six-time felon who was serving six months, reduced from one year, for a vicious three-day assault on his ex-girl-friend in May, 2011. According to medical records, the assault caused a closed head injury and other severe trauma, including sexual abuse.  The Brownstown Township police originally sought felony charges including kidnapping against Schlenkerman, but the Wayne County Prosecutor reduced the charges to misdemeanor domestic violence. 

Later, Schlenkerman faced eight charges of violating a Personal Protection Order for contacting the victim while he was incarcerated in the Wayne County Dickerson jail. The prosecutor dropped five of those charges in October, 2011. Schlenkerman was released on probation in November. He promptly gave a written statement to prosecutors about Owens’ alleged statements to him. 

Wayne County Dickerson Jail

He said he met Owens at Dickerson in October and had repeated conversations with him during which, after questioning by Schlenkerman, Owens essentially “spilled his guts” and said Jones gave him the gun used to kill Blake. The two had never previously met. 

After oral arguments by Weiss, Cripps and Moran, Judge Skutt said he had thoroughly reviewed all the cases cited in their briefs. 

Moran argued that the Schlenkerman’s hearsay statement should be allowed under Michigan Rule of Evidence (MRE) 804B and a 2008 Michigan Supreme Court (MSC) decision in People v. Taylor, among others.  He said Taylor invalidated a 1993 MSC decision in People v. Poole, which held that both MRE 804B and the Confrontation Clause of the U.S. Constitution applied. 

Judge Richard Skutt (Facebook photo)

In Taylor, the Court ruled that the Confrontation Clause (the defendant’s right to confront a witness) did not apply in that situation, where co-defendants implicated each other in a murder case. 

But Skutt ruled that Taylor preserved another part of Poole, in response to Weiss’ argument that Taylor did not throw “everything [in Poole] out the window.” 

He said Taylor left in place requirements that to be admissible, a hearsay statement must be a narrative, made by the declarant without prompting or urging, and wholly against the declarant’s interest. 

Citing the transcript of the preliminary exam where Schlenkerman testified, Judge Skutt said Schlenkerman testified that Owens made his alleged statements to him from the beginning of October through Schlenkerman’s release on Nov. 16, 2011, “in bits and pieces” almost every day, and on questioning by Schlenkerman. 

“The only way I can read that exchange is that the statement was not a narrative uttered spontaneously without prompting or inquiry, with more than just the indication that the individual was curious about why [Owens] watched Fox2 News, but that he was also curious about why [Owens] was there,” Judge Skutt said. 

“So I deny the motion to quash [the charge] but rule that the [Schlenkerman] statement will not be admitted here.” 

Prosecutor Moran later asked Judge Skutt to admit Schlenkerman’s statement against Owens himself. Skutt agreed to do so, Cripps said he will still ask for the exclusion of the statement against his client in a pre-trial hearing.

Wayne County Prosecutor Kym Worthy’s chief communications officer Maria Miller told the Detroit News that they plan to appeal Skutt’s ruling.

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“NO CONSENT, NOT ONE CENT—CANCEL THE DEBT!” DETROITERS SAY ON BOA DAY

Marchers rally against city, schools debt to banks at CAYMC May 9, 2012

Hundreds demand moratorium on Detroit’s debt during BOA protest    Pastor calls for mass turn-out at PA4 appeals hearing May 17 10 A.M. 

By Diane Bukowski 

May 12, 2012 

Linda Willis' sign says "Cancel the debt!"

DETROIT – Several hundred marchers called for a moratorium on Detroit’s $16.9 billion debt to the banks,  and even cancellation, during a protest at the city’s Bank of America (BOA) headquarters May 9, which concluded with a march to the Coleman A. Young Municipal Center (CAYMC). 

The marchers called out “No consent to the one percent, not one cent, cancel the debt,” and “The banks call the shots while Detroit rots!” 

 Thousands more marched across the country to protest BOA’a annual shareholders meeting in Charlotte, North Carolina, where this year’s Democratic Convention will take place. 

Maureen Taylor campaigns against devastation of Detroit Public Schools

The Detroit protest was precedent-setting, the first march held focusing primarily on the banks as the architects of Detroit’s ruin.  In addition to the city’s debt, marchers also called for a moratorium on the debt of the Detroit Public Schools, noting that 80 percent of the DPS state per-pupil aid is set aside to pay the banks, resulting in the closure of hundreds of public schools, tens of thousands of lay-offs, and massive New Orleans-style charterization. 

“This demonstration is the first that has told the truth about the Financial Advisory Board,” Jerry Goldberg of the Moratorium NOW! Coalition said during the rally. “The Financial Advisory Board is all about robbery by the banks. The city itself has been victimized by predatory lending. This year, it paid $597 million out of a budget of $1.2 billion on its debt. The consent agreement is a grab by the banks for our tax dollars, even if it means destroying every city service.” 

Detroit city workers face 2500 lay-offs

The Public Act 4 consent agreement passed by the Detroit City Council “Fatal Five” April 4 established all-powerful entities that will dictate to city officials. They include an unelected nine-member “Financial Advisory Board,” and a new Chief Financial Officer and Program Management Director approved by Governor Rick Snyder. 

State and city politicians, in collusion with the banks, are now rapidly dismantling Detroit. Shutdowns of the city’s health, human services, transportation, planning and development and other departments are in the works, along with the lay-offs of 2,500 city workers. 

“Jail the bankers, Dave Bing, Rick Snyder, and the City Council five,” Larry Hicks said. “Both the Democratic and Republican parties are working for the banks, not the people. We need third and fourth parties to organize the people to fight banksters like Bernie Madoff and others who stole billions. The local media does not tell the real news in this mediocracy. We need to boycott them and anything run by the banks.” 

Larry Hicks and Joe McGuire

Attorney Bob Day noted that the struggle against the banks is world-wide. 

“This battle is going on in Montreal, Greece, Spain, France and everywhere,” Day said. “People are saying to hell with the banks and their austerity programs. The banks set our communities up for disaster, and when it all fell down, they didn’t get hurt. They got bailed out by our tax dollars. Meanwhile, hundreds of thousands of people are out of their homes, and the loss of tax revenues to our cities has brought in Public Act 4 and emergency managers, which guarantee that the banks will get paid first, This is nothing but a dictatorship of the banks. What we need is world revolution.” 

Rev. Charles E. Williams Sr. calls on marchers to pack COA hearing on PA4 referendum May 17

The Rev. Charles E. Williams Sr. called on the marchers to pack an emergency appeals court hearing on the April 26 state Board of Canvassers’ vote preventing a referendum against Public Act 4 from getting on the November ballot. The Act has disenfranchised over half of Michigan’s African-American population while dismantling their cities and school districts, in Benton Harbor, Flint, Pontiac, Highland Park, Inkster, and now Detroit among others. 

The hearing is Thursday, May 17 at 10 a.m. before a panel consisting of Appeals Court Judges Kurtis T. Wilder (presiding), Kirsten Frank Kelly, and Michael Riordan. It will take place in the Detroit office of the Court of Appeals at in the Cadillac Place Building (old GM building), on West Grand Blvd. at Second. 

 Stand Up for Democracy filed the case, with amicus curiae briefs filed by the Michigan ACLU, Michigan AFSCME, and others. 

Attorney Vanessa Fluker is flanked by UAW officials and members

“We must galvanize the public and energize ourselves,” Rev. Williams Sr. said. “We must meet the judges there and hold them hostage to do the right thing. Two hundred thousand signatures mean something. Be there; stand in the judges’ face!” 

Attorney Vanessa Fluker spoke on behalf of the tens of thousands of homeowners who have been victimized by foreclosures on predatory mortgages. 

“It doesn’t matter if you’re disabled, or a senior citizen,” Fluker said. “They will throw you right out on the street. You can send 10, 20, 30 requests for loan modification in and it doesn’t matter as long as they get you out of your house and get paid in full with our tax dollars for the mortgages.” 

Shealia Tyson said the march was “long overdue.” 

Disabled protester is facing eviction

“I came here in 2000 and worked at hard,” Tyson explained. “I recognized then that there was a massive foreclosure problem looming, but nobody would listen. People were being victimized by the mortgage companies. One young lady’s mortgage note ballooned to $1600.” 

Ms. Laurene Brown said, “Leaders in high places are committing crimes against the people of Detroit.”  Quoting 2 Chronicles 7:14, she said they will face retribution. 

The verse reads, “If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.” 

Others who spoke at the historic rally included Joe McGuire of Occupy Detroit, A.J. Freer, 2nd Vice-President of United Auto Workers Local 600,  Wayne County Commissioner Martha Scott, who has sponsored a resolution for a moratorium on foreclosures, and Detroit City Councilwoman JoAnn Watson, a prime leader in the fight against Public Act 4 and the takeover of Detroit. 

Bob Day called for world revolution

Meanwhile, nearly 1,000 marchers converged from three different directions on the BOA shareholders meeting in Charlotte, under heavy police repression. Organizers called it the largest protest of its kind in the history of BOA shareholders meetings.

Dozens of shareholders inside, including New York City’s comptroller,  peppered BOA CEO Brian Moynihan with angry comments about BOA’s foreclosures and failure to modify home loans properly.  (http://www.washingtonpost.com/business/5-protesters-arrested-trying-to-enter-bank-of-america-shareholders-meeting-in-north-carolina/2012/05/09/gIQANt52CU_story.html ). 

An analyst from Credit Agricole Securities ranked Moynihan, who makes $7.1 million a year in salary alone, as the nation’s worst big bank CEO. (http://finance.fortune.cnn.com/2012/05/09/bank-of-america-moynihan-worst-ceo/)

Below if video of “Flash Mob” action at Detroit’s Bank of America May 8, 2012.

‘Monopoly’ Protest Temporarily Shuts BoA Branch in Detroit: MyFoxDETROIT.com

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MICHIGAN’S EMERGENCY MANAGER OPPONENTS TRY TO REVIVE THEIR EFFORT IN COURT MAY 17

 

UNIONS BROUGHT 10,000 MEMBERS OUT TO STOP THE PASSAGE OF PUBLIC ACT 4 IN LANSING APRIL 13, 2011; NOW IS THE TIME FOR THEM TO EXERCISE THEIR ECONOMIC CLOUT WITH A GENERAL STRIKE

APPEALS COURT HEARING MAY 17, 2012, 10 A.M. CADILLAC PLACE (DETROIT STATE BUILDING AT SECOND AND W. GRAND BLVD) 

Wednesday, May 09, 2012, 4:29 PM

By Tim Martin | tmartin4@mlive.com MLive.com

A coalition that wants to repeal Michigan’s law giving more power to state-appointed emergency managers is headed to court to try and revive its stalled effort.

Stand Up for Democracy is scheduled to make oral arguments before the Michigan Court of Appeals on May 17. The union-supported coalition is fighting a recent action by the Board of State Canvassers that prevented its proposal from appearing on the November ballot because some of the lettering on its petitions was deemed smaller than required by state law.

Stand Up for Democracy says its print was the proper size. But canvassers deadlocked on the proposal.

The coalition says it collected more than 225,000 signatures, which would be more than enough to make the ballot.

Stand Up for Democracy supporters say the election board’s vote was politically motivated, with Republicans opposing their effort to repeal the law.

“It was just crazy,” said Greg Bowens, a Stand Up for Democracy spokesman. “There’s really no other way to put it.”

Opponents of the Stand Up for Democracy effort plan to defend their stance when the Court of Appeals holds oral arguments on the issue.

Stand Up for Democracy considers Public Act 4 of 2011 undemocratic because it allows emergency managers to toss out union contracts and strip power from locally elected leaders. But supporters of the Michigan law, including Gov. Rick Snyder, say it provides the tools necessary to help financially struggling cities and schools fix their finances more quickly and effectively.

If the canvassers had certified the Stand Up for Democracy petitions, the law would have been suspended pending the outcome of a November vote. But as of now, the law remains in effect.

The state has appointed emergency managers to run the cities of Benton Harbor, Ecorse, Flint and Pontiac. Emergency managers run school districts in Detroit, Highland Park and Muskegon Heights.

Email Tim Martin at tmartin4@mlive.com. Follow him on Twitter: @TimMartinMI

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CITIZENS ACROSS STATE OUTRAGED AT PARTISAN ATTACK ON DEMOCRACY AS EM REPEAL HEADS TO COURT

Revs. Edward Pinkney and Charles E. Williams II, along with attorney Bruce Hollowell, express outrage after BOC vote April 26, 2012/Photo Leona McElvene

April 27th, 2012 | By Michigan Forward, Repeal Public Act 4

Citizens from around the state of Michigan continue to express outrage in the wake of a decision by Republican appointees at the State Board of Canvassers meeting rejecting expert testimony, physical evidence and scientific evaluation showing a petition to repeal the emergency manager law was in compliance with the legal font-size as required by law.

Attorney Herb Sanders testifies against PA4 takeover at City Council March 13, 2012

“This partisan attack on democracy will not stand,” said Herb Sanders, director of the coalition. “People are outraged at the bold-faced hypocrisy displayed by Republican members of the State Board of Canvassers who rejected expert testimony, physical evidence and scientific measuring means presented to them in favor of affidavits signed by other alleged printing experts that didn’t even bother to show up to the hearing.”

The fact that no experts testified to the legitimacy of claims made that the font size was incorrect calls into question whether the affidavits are little more than pieces of paper signed by “ghost” printers.

PA 4 opponents packed Board of Canvassers meeting April 26, 2012/Photo by Leona McElvene

“No one would be surprised to find that in politics some people are just dirty, lying cheats who will stop at nothing to get their way,” said Sanders. “One thing is for sure, they will show up in court or the masterminds of this scheme will be held accountable in the court of law for their shenanigans.”

The partisan attack came on the heels of news that the Stand Up for Democracy Coalition had officially received notice reporting the group had collected 203,238 valid voter signatures needed to place the repeal of Public Act 4 (aka the Emergency Manager Law) on the November 2012 general election ballot. The group exceeded the 161,305 valid signatures needed by more than 40,000.

AFSCME Council 25 Secretary Treasurer and Michigan Forward leader Brandon Jessup testify at meeting/Photo Leona McElvene

On Thursday, April 26, 2012 the members of the State Board of Canvassers met in Lansing to decide if the petition would be placed on the November general election ballot. They also reviewed a memo from the Secretary of the Board of State Canvassers that largely dismissed the challenges of a republican group seeking to prevent voters from deciding the fate of PA 4.

Republican Board of Canvassers members voted against referendum/Photo Leona McElvene

At the hearing, the font size on the petition was determined to be correct after physical evidence and expert testimony was presented to the board and several hundred citizens in the audience. Still, two republican appointees to the board ignored the evidence before them and voted not to place the issue on the ballot to the outrage and disbelief of other republican, democratic and independent voters attending the hearing. The matter heads to the Michigan State Court of Appeals next week.

For more information go to http://www.standup4democracy.com or call 1-866-306-5168 to volunteer.

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TRAYVON MARTIN’S MOTHER SPEAKS OUT ON MOTHER’S DAY AGAINST ‘STAND YOUR GROUND’ LAWS

VOD note: the story below details Michigan’s version of the “Stand Your Ground’ Law, the “Self-Defense Act” passed in 2006 allowing individuals greater latitude to “shoot first, ask questions later.”

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IAN MAY DEATH: VIGILANTE ”JUSTICE” AT WORK?

Ian May

18-year-old killed by retired cop with history of brutality during alleged robbery

By Diane Bukowski 

May 11, 2012 

DETROIT — Questions surround the death of 18-year-old Ian May on March 23. He was shot in the back of the head by security guard and retired cop Lamar Nowell Sr., while running from the scene of an “inside job” robbery at a Dollar General store on East Lafayette near downtown Detroit.

The questions involve not only May’s case, but the mindset of young people in Detroit today, deprived in many cases of homes, schools, libraries, recreation centers, jobs and guidance in a devastated city they did not create or ask to be born into.

Trayvon Martin

They also involve the mindset of adults like U.S. Attorney General Eric Holder, who characterized Detroit’s primary problem as “youth violence” during the NAACP Freedom Fund Dinner May 6, and George Zimmerman, who patrolled his Sanford, Florida neighborhood to keep Black youth like Trayvon Martin out, eventually brutally murdering the 17-year-old.

IAN MAY, 18

“Despite the picture the newspapers painted, Ian was straight up the most adorable, lovable, funniest, happy big kid that I know,” a friend of May’s mother Lidjinet Graves told mourners at his funeral March 30. It was overflowing with May’s family and friends, including dozens of youths wearing T-shirts with his photo.

A uniformed honor guard from a private security agency May had worked for flanked his coffin.

Ian May’s high school diploma

“We knew him as Big Ian [pronounced “een”],” a relative said. “He was an awesome young man who left a tremendous impact on the lives of many young people and adults as well. He made life seem so easy and free. What will I do without your jokes, Ian?”

May graduated from Detroit public and private schools with his high school diploma, and from the Job Corps, according to his obituary.

He also worked a summer job at the Detroit Department of Human Services, now in the process of being shut down by Mayor Dave Bing and Michigan Governor Rick Snyder.

VIDEOTAPE SHOWED SHOOTING

His grandfather Jerome Brown told VOD at the funeral that a store videotape police showed to May’s mother affirms that Ian was shot in the back, then fell on his face. Family members saw the gunshot wound in the back of his head at the funeral home, he said.  Initial daily media reports claimed Nowell shot Ian in the face as Ian confronted him with a gun.

Dollar General store on E. Lafayette

“It was wrongfully reported,” Brown said. “He didn’t point at gun or shoot at anyone, he ran away. We just want to make sure that videotape doesn’t disappear. How can it be right to shoot a kid like that who was running away?”

VOD requested a copy of the autopsy report from the Wayne County Medical Examiner, but was informed weeks later that it was still not complete.

During the preliminary exam of Dollar General store cashier Andrea Liles, fired worker Jazmine Marshall, and Lile’s child’s father Ovid Jones May 1, the store’s young manager testified that he and Liles were on duty at the time of the robbery.

He said two men approached Liles and demanded money. The manager testified that he opened the cash register with his keys to give them the money.  He did not say how they got into the store, which had not opened yet.

“Fleeing felon” rule applied in May’s case

“The taller man had the gun to Andrea’s side and told her, ‘come on baby, let’s empty all these cash registers,’” the manager said.  He did not describe or identify either man, other than to say one was taller and one was shorter. He testified that he himself opened the registers with his keys. As he was about to let the men out, he said, the security guard opened the door.

“He said, ‘freeze,’ the manager testified. “Lamar said he was a retired police officer, and they took off running.”

No forensic testimony about the gun allegedly involved was introduced at the preliminary exam.

Graves said the prosecutor assigned to the case told her the guard had a right to shoot Ian because he was a “fleeing felon,” and that the guard “presumed” he was armed whether or not he saw a weapon. Graves said she believes the guard saw no gun.

SHOOT FIRST, ASK QUESTIONS LATER

In other words, shoot first and ask questions later. It appeared from the manager’s testimony that there was very little time for the guard to determine exactly what had just happened.

Wayne County Prosecutor Kym Worthy

Maria Miller, communications representative for Wayne County Prosecutor Kym Worthy, told VOD, “The investigation of the fatal shooting of Ian May was submitted to our office by the Detroit Police Department and the evidence was reviewed. It was determined that the shooter would not be charged because his actions were legally justified under the facts and evidence in the case.”

Police investigator Alvin Williams, the prosecution’s chief witness, read statements he took in his own writing from the defendants. They wove a confusing story involving two different alleged plots by the defendants to set up the robbery, with several backing out and trying to get others to take their place. One account implicated the manager himself.

May’s mother told VOD her son received a call at 4 a.m. that morning from a friend. He was sleeping after an evening of work. She said her affable son was sometimes gullible.

“He would tell me, ‘Mom they’re my friends,’ and I would tell him, ‘Everybody is not your friend, Ian,” Graves said.

LAMAR NOWELL, SR. 

Lamar Nowell, Sr. (Photo from Linked In page)

According to court records, Lamar Nowell, Sr., now 62, of Southfield, was already retired from the Detroit Police Department when he was convicted of felony “aggravated stalking” in 1994, for incidents involving his ex-wife, also a retired officer. On appeal, his conviction was converted to misdemeanor stalking.

Several Detroiters sued him for brutality during his tenure in the 1980’s, winning undisclosed settlements.

Michael Seals, a Kettering High School graduate and Detroit Memorial Hospital custodian, said Nowell smashed him in the face with his fist, knocking out of three front teeth and injuring his face. He said he had been visiting his mother next door to a gas station when police carried out a drug raid on the station. They forced him inside when he went out to inquire what was going on, says the suit.

Charges against Seals for interfering with a police officer were later dismissed.

“I WANT YOU, BITCH!”

Helen and Herman Collins sued Nowell in 1987. The lawsuit says Ms. Childs went outside after officers had stopped her son and two friends in front of her home on Wisconsin, and that she yelled to her son to stop resisting.

Nowell was sued for brutality

As she was going back to her house, says the suit, Nowell “grabbed her by the hair, pulling her to the ground, yelling ‘I want you bitch.” It says Nowell and the other cops beat her on the face and body, causing a concussion, multiple injuries to her spine, sprains of both hands and a shoulder, and “multiple contusions over her entire upper extremities.”

Charges against her for interfering with the officers were dismissed after Nowell failed to show up for the hearing.

In an earlier case, in 1980, Ellen and Odell Collins sued Nowell and four other officers for breaking down the door of their home and holding them at gunpoint, before discovering they were at the wrong address.

NOWELL TODAY 

Nowell’s “Linked-in” page, with his photo, says he is currently a “Loss Prevention consultant, Licensed Private Investigator, owner of a Private Security Guard agency, Concert, dance Promoter/ Instructor and D.J.”

Does Nowell have a CCW?

There is no record on the state website of a “Professional Investigator “ license for Nowell (the state term for a PI), or of a license as a security guard agency owner, required under Michigan Public Act 330 of 1968. That act says part of its purpose is “to protect the general public against unauthorized, unlicensed and unethical operations by individuals engaged in private security activity.”

It is unknown whether Nowell has a concealed weapons permit or simply carries a gun as a “retired police officer,” which would be illegal.

Nowell’s page says he is also CEO of Courtesy Process Service, LLC, and of Dance N Harmony, and that he owns Englewood Maintenance Company. The first company is registered with the state, the other two are not.

Nowell can now add to his resume that he is the killer of 18-year-old Ian May.

Note: VOD did not contact Nowell for comments, having earlier been threatened with criminal charges by the prosecutor’s office for contacting witnesses in ongoing cases.

“FLEEING FELONS” 

“Detroit 300” members at Hart Plaza rally for Trayvon Martin; Martin’s killer Zimmerman was, like them, a self-appointed “neighborhood watch” man

Pumped up by people like Attorney General Holder, Detroit police chief Ralph Godbee, and the Detroit 300, many will say that Ian May “got what he deserved.” There are more and more reports of youths dying during home break-ins and other alleged robberies in recent months.

Detroit, already the poorest city in the country, is now under “state occupation” as Rev. Charles E. Williams II says in the article below. The passage of the Public Act 4 consent agreement by the City Council provides for the virtual dismantling of most city services, meaning conditions for youth in Detroit will worsen drastically in months to come.

Michigan paralegal Edward Sanders researched Michigan’s “Self-Defense Act,” Public Act 313, which took effect in 2006. It has been compared to the Florida law Zimmerman is using to justify his killing of Trayvon Martin.

Edward Sanders

The law transformed earlier precedent under People v. Riddle, a 2002 Michigan Supreme Court case, said Sanders.

“Generally, a person acting in self-defense [had] a duty to retreat from the attack if he or she can do so safely, but retreat is never required in the person’s own home, nor is retreat required in the case of a sudden and fierce violent attack or if the person reasonably believes the attacker is about to use a deadly weapon,” Sanders wrote.

MICHIGAN’S “SELF-DEFENSE ACT”

The Michigan Self –Defense Act, however, passed after a campaign by gun rights activists, eliminated the duty to retreat in additional circumstances.

“It specifies that a person could use deadly force against another individual, without a duty to retreat, if he or she were not engaged in the commission of a crime and honestly and reasonably believed that force was necessary to prevent imminent death, bodily harm, or sexual assault,” said Sanders.

The law expanded where a person can use deadly force, from inside their home to garages, barns and yards, among other provisions. However, said Sanders, the Self-Defense Act preserved the common law duty to retreat in other circumstances.

According to a 2006 Detroit Free Press article, former Governor Jennifer Granholm signed the law, but forced changes including protecting victims of domestic assault and allowing prosecutors to investigate such shootings.

Even Ottawa County Prosecutor Ron Frantz, then president of the Prosecuting Attorneys’ Association of Michigan, told the Free Press, “We don’t want murderers falsely using self-defense claims without being subject to the scrutiny of prosecutors and juries.”

TIGH CROFF CASE

Tigh Croff serving two years on a gun charge

In reality, this rarely happens. Wayne County Prosecutor Kym Worthy did bring second-degree murder charges against Tigh Croff, a 31-year-old security guard who caught two men outside his home when he returned from work, after two break-ins had occurred the previous week, in Nov. 2009.

He chased Herbert Silas, a 53-year-old unarmed homeless grandfather of 13, down the street for several blocks, then shot him to death.

“I told him he was going to die, and I shot him,” Croff told police. “I ain’t no angel, but I ain’t done nothing stupid.”

Wayne County Circuit Court Judge Michael Hathaway reduced the charges to voluntary manslaughter over the prosecutor’s objections, and later refused to recuse himself from the case. In off the record comments, Hathaway had expressed sympathy for Croff, saying he himself would not hesitate to shoot in similar circumstances.

Judge Michael Hathaway

After a hung jury in the first trial, a second jury convicted Croff of manslaughter and a firearms charge. Hathaway sentenced Croff to three years’ probation for the manslaughter charge, although he faced up to 17 years in prison. Hathaway had to sentence him to a mandatory two years in prison on a gun charge.

Croff is currently incarcerated at the Parnell Correctional Facility.

VOD COMMENTARY

Detroiters need to examine their consciences regarding whether taking private property,  particularly that belonging to predatory local store owners who pay low wages, is worth the life of youths like Ian May.

In August, 2011, another “retired Detroit police officer” shot 16-year-old Robert Coffee eight times. A gunshot wound in the back, which penetrated his lungs and heart, was likely the fatal wound. Coffee had allegedly robbed a McDonald’s at W. McNichols and Livernois. According to news reports, the “retired cop” regularly frequented to store to use its Internet.

McDonald’s the day after Robert Coffee, 16, was shot to death

Earlier, another “retired cop” shot a Grosse Pointe South High star football player, who lived in Detroit, to death on W. Seven Mile near the Lodge Freeway, claiming he had attempted to rob him.

VOD went to the scene of the McDonald’s incident the following day and saw that the front windows and door of the store were boarded up after being blasted out by the retired cop during Coffee’s attempt to escape. No eyewitnesses were present, but one youth told VOD, “It’s too bad that it takes a white person to ask questions about what happens to kids like us.”

In arguing against juvenile life without parole sentences, prisoner advocates have cited extensive medical evidence showing that full brain development including impulse control does not happen until around the age of 25. They argue that the evidence shows that youth are not as culpable as adults for what they do. The U.S. is now the only country in the world that sentences youth to death in prison. The same argument should apply to execution in the streets.

Two weeks after May died, several youths robbed another Dollar General store, but none were killed. Since then, two youths have been shot to death during home break-ins, during which one homeowner also shot his own wife, non-fatally.

Larry Hicks demands moratorium on city’s $16.9 billion debt to the banks at protest May 9, 2012

Whatever happened to “STOP OR I’LL SHOOT?” Black youths like Trayvon Martin, Ian May, and Robert Coffee are considered expendable by many in this country, “collateral damage” in the “war against crime.”

WHERE IS THE WAR AGAINST THE CRIMINAL BANKS, CORPORATIONS, AND POLITICIANS WHO HAVE DESTROYED CITIES LIKE DETROIT AND CONTINUE TO WREAK HAVOC ACROSS THE WORLD, A WORLD THESE YOUNG PEOPLE DID NOT MAKE?

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FIGHT FOR FREEDOM FUND DINNER IGNORED ASSAULT ON BLACKS IN MICHIGAN

Rev. Charles E. Williams Sr. denounced PA4 assault on Detroit and other majority-Black cities in Michigan at rally against banks’ role in destruction of Detroit May 9, 2012

By  Rev. Charles E. Williams Sr. revwilliams72@hotmail.com

May 10, 2012 

I attended the Fight for Freedom Fund dinner Sunday night, and it was abysmal and repulsive. 

At a time when African Americans in Detroit are up under a major assault and faced with state occupation, the assault on Blacks in Michigan was barely mentioned at the event.  I was at the dinner for two hours, leaving just as the keynote speaker, Eric Holder, was being introduced. I exited because I could not take any longer the ignoring of the African American plight by the event’s earlier speakers. 

At a time when Detroiters and residents of other cities with a high concentration of African Americans are being disenfranchised (or faced with voter suppression legislation), how could this very issue not be the major topic or theme of the conversation at the dinner? 

Atty.General Eric Holder, shown with Detroit NAACP President Wendell Anthony, refused U.S. Rep. John Conyers' request, made in Dec. 2011, to investigate PA4's violations of National Voting Rights Act.

The only speaker who spoke or made any significant reference to what we are faced with here in Michigan was Rachael Maddow, who rightly stated that this issue is so important, it should be the topic of conversation of newspapers and news programs all over the country.  Maddow, however, spoke for only about five minutes. She was an awards recipient, so she accepted her award, made the important observation and apologized for needing to leave early. I think she was as nauseous as I was by the time she spoke and any excuse was good enough to make a gracious exit. 

As Malcolm X said over 50 years ago regarding The March on Washington, “it was a circus,” a spectacle.

Gerard Anderson

The dinner sent mixed messages beginning with who was invited and who was introduced as friends of the NAACP. The corporate chair, Gerard Anderson, Chief Executive Officer (CEO) of DTE Energy, was bouncing around and spoke for about fifteen minutes. Although he expressed love and concern for the main people being affected by the radical changes coming our way, I wonder how he can be in love with the same people whom his company helps oppress. It is common knowledge that DTE Energy is a major contributor to American Legislative Exchange Council (ALEC.) 

ALEC is anti-American and anti-democratic; it is a critical arm of the right-wing network of policy shops that, with infusions of corporate cash from corporations like DTE, have evolved to shape legislation like Stand Your Ground, and voter suppression laws all over the country.

Inspired by Milton Friedman’s call for conservatives to “develop alternatives to existing policies [and] keep them alive and available,” ALEC’s model legislation reflects long-term goals: Controlling government, removing regulations on corporations like DTE and making it harder to hold the economically and politically powerful like Governor Snyder to account.      

March against DTE at shareholders' meeting May 3, three days before NAACP Freedom Fund Dinner

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PROTEST DISRUPTS DTE SHAREHOLDERS MEETING

DTE Pay Your Taxes! – We Need Clean & Safe Energy! DTE March & Demonstrations! This Is How They Treat Us, DTE & Police! – – A No Struggle, No Development Production! By KennySnod * *

(More photos, comments coming)

Published on May 4, 2012 by KennySnod

DTE and their shareholders have the power to change the economic condition of our communities by investing in clean energy. Clean energy like wind and solar are cleaner and cheaper than coal or nuclear energy. Almost 80% of our energy now comes from coal, which is linked to asthma, heart disease and cancer! Now DTE wants to build an other $15 billion nuclear plant that would crush Michigan families.

DTE shuts people off 200,000 times every year, including seniors and children! We need to stop the shutoffs, and stop the continuation of investing in dirty, dangerous and risky coal and nuclear.

– – A No Struggle, No Development Production! By Kenny Snodgrass, Activist, Photographer, Videographer, Author of From Victimization To Empowerment… www.trafford.com/07-0913
eBook available at www.ebookstore.sony.com
YouTube – I have over 280 community videos and over 88,000 Hits
on my YouTube channel at www.YouTube.com/KennySnod

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