Last night Mumia Abu-Jamal was moved out of Administrative Custody and transferred to Disciplinary Custody at SCI Mahanoy. Here is his new address:
Mumia Abu-Jamal
AM 8335
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
TAKE A MOMENT TO CALL AND WRITE
Write Mumia and call the prison Warden John Kerestes at 570-773-2158. Tell the him that Mumia must not be kept shackled during visits. He must have contact visits (after 30 yrs of non contact vistis). He must have access to his family, his lawyers, and communication with the outside world.
On Thursday the 9th, I attended the Fraternal Order of Police (FOP) rally. More accurately, I went to the FOP Klan rally in Glenside PA. It was a shocking display of naked calls for harm to Mumia. Maureen Faulkner asked the 900 strong, 99% white police officer audience members to call the Governor and demand that Mumia be transfered where he could be threatened or killed. The head of FOP said, “The next time I want to hear about him is in his obituary.”
Bemoaning the fact that Mumia has slipped out of their FOP noose was the usual parade – Hugh Burns, Tigre Hill, Seth Williams, Maureen Faulkner, Joseph McGill, and Michael Smerconish. They sowed hate and delivered vigilante propaganda to a blood thirsty crowd.
What a dramatic contrast to the defense rally the next night at the Constitution Center with Johanna Fernandez, Cornel West, Amiri Baraka, Ramona Africa, Marc Lamont Hill, and others. One was all about love, the other all about hate.
While we strive for justice and stand with life-affirming committment to healing, we must also take action in defending all of our brothers and sisters inside prison.
Tell the prison that the world is watching, and that you care about Mumia and the conditions of all prisoners. After Desmond Tutu visited him at SCI Greene they took off the hand and waist shackles. For the last week he has been back in shackles during non contact visits.
Please visit our new improved website at http://www.prisonradio.org where you can find coverage of Mumia Abu-Jamal on Democracy Now! as well as links to the historic Dec. 9 Constitution Center event. We also are making available copies of Mumia’s brand new books: The Classroom and the Cell and Message to the Movement. You can link to our Facebook, Twitter , Blog and Podcast. And as always, you can find Mumia’s latest commentaries as well as access to the entire Prison Radio Archive.
NDAA 2012 codifies Commander in Chief President Obama, DHS, military police waging war against American internet users, independent reporters, whistleblowers of high-level corruption
It is “astonishing and disappointing” that the bill’s language has been approved by Congress and President Obama said Jameel Jaffer of National Security division of ACLU in his interview by Rachel Maddow in her MSNBC show Wedneday, “Suspicion Accomplished.”
“Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to–
(1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.)”
Judge Bill upholds dismissal of criminal charges; DHS supervision ended
By Diane Bukowski
December 13, 2011
DETROIT – Maryanne Godboldo expressed both joy and pain after Wayne County Circuit Court Judge Gregory Bill upheld the dismissal of multiple felony charges against her Dec. 12.
Maryanne Godboldo speaks at rally last July
“I’d like to thank my attorneys for their excellent representation, and thank Judge Bill,” Godboldo said tearfully. “He gave an excellent lesson to the attorneys from the opposition on the law. I hope they will remember that because they are dealing with people’s lives and their children. I thank him for doing his job and upholding the law.”
But Godboldo added, “Every day we come home from court, the many hours we spend in here, I could be home taking care of my daughter and moving forward on her treatment plan.”
Tanks roll down Linwood Mar. 24 to confront mother and child
Wayne County Prosecutor Kym Worthy brought multiple counts of assaulting, resisting and obstructing police officers and other charges against Godboldo. Godboldo had defended her child, Ariana Godboldo-Hakim, 13, from seizure by police and Child Protective Services (CPS) worker Mia Wenk, during a twelve-hour stand-off March 24.
CPS wanted to force dangerous drug on child
Wenk was intent on medicating the child with a dangerous psychotropic drug, Risperdal. The North Oakland Child-Adolescent Family Center, which is paid by drug companies to conduct trials, originally put Ariana on the drug, which is not approved by the FDA for use in children.
Penny Godboldo (center) at rally outside 36th District Court after her sister's arraignment in March
Her mother consented in writing only on the condition that she would be allowed to take her off the drug for any reason, which she did after observing harmful side effects.
Godboldo’s sister Penny Godboldo called Judge Bill “a teacher and preacher and a man of justice,” after Wayne County Family Court Judge Lynne Pierce finally ended the Department of Human Services’ supervision of the family during a court hearing that afternoon.
“Justice has been served.,” Ariana’s father Mubarak Hakim said, “Judge Bill was very thorough, very honest and covered all the facts.”
Ariana's father Mubarak Hakim
Godboldo’s attorney Allison Folmar said, “We thank Judge Bill for upholding a parent’s constitutional right to choose how to treat their child.” Her co-counsel Byron Pitts added, “Two judges have now ruled in favor of my client. We ask that Kym Worthy leave this case alone and allow parents to take care of their children without government interference.”
Despite Pitt’s emphatic request, Worthy’s office announced shortly after Judge Bill’s ruling that she would appeal.
Judge Bill upholds Judge Ronald Giles, incorporates his statements
Judge Bill incorporated 36th District Court Judge Ronald Giles’ entire statement dismissing charges against Godboldo after her preliminary exam into his ruling. He said he was also incorporating the entire transcript of the exam, which spanned two full days in July and August earlier this year.
36th District Court Judge Ronald Giles
Judge Giles said Aug. 29 that his decision was based both on the invalidity of the court order Wenk used to take Ariana, and the prosecution’s failure to show probable cause that Godboldo fired a gun during the twelve-hour stand-off with police, who were armed with assault weapons, tanks and helicopters.
Godboldo’s stand exposed for the first time that the Wayne County Family Court had been seizing children based on court orders rubber-stamped with Chief Judge Leslie Kim Smith’s signature by unauthorized probation officers. No hearings had been held before the Judge, and no review of documents and evidence in the cases had been done before removal of an untold number of children over an undetermined period of time.
The Justice4Maryanne Committee has contended that the court, the state, and non-profit agencies are motivated by the federal payments they receive for each child taken.
“He (Giles) talked about a person’s constitutional rights, about familial integrity,” Bill said. “He said, ‘it is ridiculous to go in and remove somebody’s child based on THIS order, without even exigent circumstances.’ It wasn’t like the child had cancer, there was no immediate threat of death or physical harm.”
Bill further noted that Judge Giles found no evidence on the record “that this defendant discharged that firearm.”
Judge Bill finds Judge Giles thorough and impartial
“My findings parallel those of Judge Giles,” Judge Bill said. “He had the advantage of seeing and hearing the witnesses testify. His decision was amply supported by the nature of the testimony during the exam.”
Bill said Giles allowed the prosecution numerous opportunities to present witnesses and evidence, even over defense objections, and that his handling of the case was extremely thorough and impartial.
Bill said he himself spent the entire weekend, after hearing arguments from both sides Dec. 9, “reading and re-reading” briefs, exam transcripts, and exhibits before making his own decision to uphold Judge Giles’ ruling.
Wayne County Assistant Appeals Prosecutor David McReady had argued that Judge Giles abused his judicial discretion, and that he “suppressed evidence,” referring to Giles statement that everything following the invalid court order was “the fruit of the poisonous tree.”
McReady also argued, among other matters, that Godboldo had “tacitly admitted” firing the gun, but Judge Bill found that no such admissions had taken place.
Mother says child severely harmed by events
Godboldo said her daughter Ariana Godboldo-Hakim, now 14, was severely harmed by the year’s events.
Friends console Maryanne Godboldo during vigil outside Hawthorn Psychiatric Hospital
“My daughter has had a very difficult time,” Godboldo said. “Last night she could not sleep. The damage done to my child because of them taking her has nearly destroyed me.”
After her seizure, Ariana was incarcerated in Hawthorn Children’s Psychiatric Hospital in Northville for six weeks. There, doctors forcibly medicated her with Risperdal, according to Wenk’s wishes and against the will of both her parents. Wenk has only a bachelor’s degree in criminal justice and had been on the job for only three years..
Wenk said in court testimony that the fact that Godboldo took the child off the drug was the cause for her removal. She also testified during the preliminary exam that Ariana needed to be “caged” in the back of a police car, despite the fact she had never seen or interviewed the child.
During Ariana’s stay at the hospital, doctors gave her three other dangerous psychotropic drugs and 14 immunizations, according to Godboldo and attorney Folmar. Hospital personnel took her prosthetic leg, which she had worn since infancy, and forced her into a wheelchair. Prior to her removal, the child had been active in dance and horse-back riding.
Godboldo also filed a police report alleging her child was sexually abused at Hawthorn, after she was taken from there to Children’s Hospital (CHM) for treatment of a sexually-transmitted disease. During a physical exam immediately after her removal from her home, CHM found no such disease. No action has been taken on that report.
Dr. Margaret Betts prescribed holistic regime for Ariana Godboldo-Hakim
During the Family Court hearing before Judge Pierce, Ariana’s court-appointed guardian ad litem Daniel McGuire said, “I visited the child Saturday morning. She was the most animated and attentive I had ever seen her. She made eye contact and was not shy at all. There has been great improvement. The holistic regimen [prescribed by Dr. Margaret Betts] seems to be improving her temperament and her motor skills. I don’t think she needs me or the court in her life anymore.”
Maryanne Godboldo said Ariana is once again dancing, studying music, and playing her drums, which her father, who is a musician, taught her to play. “She is coming along,” Godboldo said. “She is doing better because she is at home where she belongs.”
Worthy refuses comment on charging Wenk, CPS, DHS, Family Court
Wayne County Prosecutor Kym Worthy
Prosecutor Worthy’s Chief of Communications Maria Miller said, “We are appealing on the same grounds as in the Circuit Court.We believe that the lower court judge abused his discretion in dismissing the charges at the preliminary examination.”
VOD inquired, “Does Prosecutor Worthy plan to do any or all of the following:
• File criminal charges against CPS worker Mia Wenk for making a false report to the police (she admitted during the preliminary exam that she told police she had a “warrant,” not a court order, which escalated the police response); for obstruction of justice (having the police raid the home the day after the order was obtained when in fact she had thirty days to have hearings held and give due process to the parents, etc.) or any other charges? Mia Wenk used the same procedures in the case of Nathaniel Brent, who is currently suing her and other officials in federal court, and likely an unknown number of other families.
• Will the Prosecutor at least initiate an investigation of Ms. Wenk’s actions and those of other DHS officials, as well as Wayne County Family Court officials, regarding violations of the constitutional rights of families in Wayne County through assembly line seizures of their children?
• File charges against officials in the Wayne County Court family division and the Department of Human Services for taking children based on orders that had never been seen or personally signed by the Family Division Chief Judge, and on which no hearings had been held by ANY Family Court Judge or Magistrate prior to the seizure of thren? The State Court Administrator’s Office has said that hearings must be held first to provide due process, and that orders such as that used in the Godboldo case, rubber stamped by probation officers, are in fact invalid.”
Miller responded to those questions as follows: “We have no comment on these questions because the Attorney General handles the abuse and neglect issues. These questions relate to that part of the case.”
(VOD: Perhaps the fundraiser below, still needed since Worthy is pursuing appeal, can turn into a celebration for the Godboldo-Hakim family. All they wanted for Christmas was justice!)
Italy’s week started with demonstrations and strikes that are set to be repeated over the next five days.
On Monday port, highway and haulage workers angry at Prime Minister Mario Monti’s 33-billion-euro austerity package walked out. On Tuesday most newspapers will not be published while public transport strikes will be staged on Thursday and Friday.
For the first time all four unions are united and say they want a fairer distribution of the cuts.
“This demonstration in front of the parliament building here in Rome is a protest against the budget cuts, which were decided without even the possibility of negotiation between unions and government. These cuts hit only pensioners and employees. And it will hit them like never before,” said Raffaele Bonanni, leader of the CISL Union.
Protests and strikes were staged in other cities. The prime minister met with union leaders on Sunday night but failed to convince them that his plan could work against what he calls,“Italy’s extreme financial situation”.
According to a statement the government is open to amendments as long as they can be fully funded.
Stop Bank of America & Fannie Mae From Evicting the Henrys!
Tuesday, January 3
10:00 am: Rally and Press Conference at the home of Robert and Debbie Henry, 13694 Helen St. in Southgate exit I-75 at Northline Road (#37), east to Dix Highway, turn south and go 4 streets, left on Helen
11:00 am: Picket Bank of America’s nearby Southgate branch, 13763 Northline, just east of Dix Highway (aka Toledo Hwy), Southgate, MI
National Day To Stop Foreclosures! Detroit, Stop Evictions Now! – A No Struggle, No Development! Production By KennySnod.
Occupy Detroit, National Day To Stop Foreclosures and Evictions’ call for an end of foreclosures took the fight to one of the home of a Detroiter being evicted. Occupy demanded a Moratorium on Foreclosures & Evictions — Over sixty to seventy people protested Tuesday Dec. 6, 2011 demanding there be a National Moratorium on Foreclosures & Evictions. Saying banks have received government bailout money should better serve the people who provided the funds. The banks are getting very wealthy off of foreclosing on people’s homes, even though they took the $700 billion to do the opposite.
There’s a serious moral and ethical gap between us and what these institutions are doing. They don’t care about us, it’s all about the rich getting richer, we the people getting poorer. P.S., Occupy Foreclosures demonstration inhad participants support, including the UAW, Local and National Political Groups, Different Religious denominations, People Before Banks, Workers World, National Lawyers Groups etc. –
A No Struggle, No Development! Production By Kenny Snodgrass, Activist, Photographer, Videographer, Author of From Victimization To Empowerment… www.trafford.com eBook available at www.ebookstore.sony.com YouTube – I also, have over 234 community videos on my YouTube channel at www.YouTube.com/KennySnod
Moratorium NOW!, Occupy Detroit, and People Before Banks rally outside Kyra Williams' home Dec. 6, 2011.
By Diane Bukowski
December 7, 2011
DETROIT—Detroiter Kyra Williams can celebrate the holidays in her home on Detroit’s east side now that Citimortgage has backed off her eviction, in the wake of protests by the Moratorium NOW! Coalition, People Before Banks, and Occupy Detroit.
Kyra Williams (l) thanks supporters, with her attorney Vanessa Fluker at her side.
“Last night, we got a call at 6:30 p.m. from the attorneys representing the mortgage company,” attorney Jerry Goldberg announced during a rally outside Williams home Dec. 6. “They said they heard that Occupy Detroit was going to be in the courtroom tomorrow and they put it in writing to agree to let Ms. Williams stay in her home. We have to remain vigilant because they’ve reneged before, but this shows the power of our struggle!”
After being brutally evicted by police from their camp sites across the nation, the Occupy Wall Street (OWS) movement has begun an Occupy Our Homes campaign, with a website at http://www.occupyourhomes.org/.
Attorney Jerry Goldberg with Rob and Debbie Henry at rally Dec. 6, 2011
Over one hundred people in Detroit participated in the OWS National Day of Action against Foreclosures at Williams home. Earlier that day, they held a press conference outside the home of Rob and Debbie Henry in Southgate, who are slated for eviction Jan. 2, 2012.
Williams, whose church and community have assisted her in her offer to buy her home from her landlord, thanked the protesters as she stood side by side with her attorney Vanessa Fluker, also of the Moratorium NOW Coalition to Stop Foreclosures, Evictions and Utility Shut-offs. (Click on Kyra Williams flier for details of Williams’ two-year battle to keep her home.)
“I fight foreclosure cases every day in the courtroom, with everything I have,” Fluker said. “But that is an uphill battle. It takes people coming together as we have today to be victorious.”
Rob Henry with nieces at WIlliams rally Dec. 6, 2011.
She and Goldberg explained that seventy-five percent of evictions now are carried out by Fannie Mae and Freddie Mac, using tax dollars against the people who pay them. The two agencies reimburse mortgage companies 100 percent of the value of the mortgage, even though the actual value of the homes in many cases have dropped up to 80 percent.
“It’s a silent bail-out of the banks,” Fluker said.
Goldberg added, “We have every right to demand that President Barack Obama issue an executive order declaring a halt to all foreclosures. During the Great Depression, 25 states passed laws that made it illegal to foreclose. Here in Michigan, moratoriums were halted for five years, while judges made arrangements for payments that homeowners could afford.”
Belva Davis, who fought with Moratorium NOW! to save her home, also spoke at rally Dec. 6.
Also present at the rally were Rob and Debbie Henry with their nieces. They are slated to be evicted from their Southgate home Jan. 2. (Click on OCCUPY Rob and Debbie Henry home for details.) Occupy Detroit held a press conference at their home the morning of Dec. 6, and protesters outside Williams’ home vowed to be in Southgate on that day to occupy their home.
Numerous others spoke at the rally, including Belva Davis, who won back her home after the intervention of the Moratorium NOW! coalition, Joe McGuire of the Direct Action Committee of Occupy Detroit, attorney Tanya Phillips of the National Lawyers Guild and Michigan Legal Services, activists Abiyomi Azikiwe, and many more.
Some of hundreds who rallied for Mumia outside Philadelphia courtroom last year as arguments to overturn his death penalty were heard; his supporters also demanded no life sentence, declaring he is innocent. Photo/Diane Bukowski
By The Associated Press
December 7, 2011
Mumia Abu-Jamal with son many years ago.
Prosecutors announced Wednesday that they will no longer pursue the death penalty against former Black Panther Mumia Abu-Jamal, meaning he will spend the rest of his life in prison for gunning down a white police officer nearly 30 years ago.
The decision by District Attorney Seth Williams, made with the support of the officer’s widow and the city police commissioner, comes after nearly 30 years of legal battles over the racially charged case.
Abu-Jamal was convicted of fatally shooting Philadelphia police Officer Daniel Faulkner on Dec. 9, 1981. He was sentenced to death after his trial the following year.
Abu-Jamal, a one-time journalist who has been incarcerated in a Pennsylvania prison, has garnered worldwide support from those who believe he was the victim of a biased justice system. Hundreds of vocal supporters and death-penalty opponents regularly turn out for court hearings in his case, even though Abu-Jamal is rarely entitled to attend.
Mumia Abu-Jamal in 1970 at Philadelphia Black Panthers office, where he was Minister of Information
His message resonated particularly on college campuses and in the movie and music industries — actors Mike Farrell and Tim Robbins were among dozens of luminaries who used a New York Times ad to advocate for a new trial, and the Beastie Boys played a concert to raise money for Abu-Jamal’s defense fund.
His conviction was upheld through years of legal appeals. But a federal appeals court ordered a new sentencing hearing after ruling the instructions given to the jury were potentially misleading.
The U.S. Supreme Court declined to weigh in on the case in October. That forced prosecutors to decide if they wanted to again pursue the death penalty through a new sentencing hearing or accept a life sentence.
Mumia's attorney Judith Ritter, New York City Councilman Charles Barron, and Pam Africa, leader of the International Concerned Family and Friends of Mumia Abu-Jamal, during Philly rally Photo/Diane Bukowski
The officer’s widow, Maureen Faulkner, has tried to remain visible over the years to ensure that her husband is not forgotten. They were newlyweds when he died.
According to trial testimony, Abu-Jamal saw his brother scuffle with the 25-year-old patrolman during a 4 a.m. traffic stop in 1981 and ran toward the scene. Police found Abu-Jamal wounded by a round from Faulkner’s gun. Faulkner, shot several times, was killed. A .38-caliber revolver registered to Abu-Jamal was found at the scene with five spent shell casings.
Abu-Jamal, born Wesley Cook, turned 58 earlier this year.
Children at Philly rally demand freedom for Mumia Photo/Diane Bukowski
His writings and radio broadcasts from death row made him a cause celebre and the subject of numerous books and movies. His own 1995 book, “Live From Death Row,” describes prison life and calls the justice system racist and ruled by political expediency.
Over the years, Abu-Jamal has challenged the predominantly white makeup of the jury, instructions given to jurors and the statements of eyewitnesses. He has also alleged ineffective counsel, racism by the trial judge and that another man confessed to the crime.
International Concerned Family and Friends of Mumia Abu-Jamal (ICFFMAJ)
Phone: (267) 760-7344
Email: ICFFMAJ@aol.com
Desmond Tutu Calls for Mumia’s Release
Bishop Desmond Tutu
“Now that it is clear that Mumia should never have been on death row in the first place, justice will not be served by relegating him to prison for the rest of his life—yet another form of death sentence. Based on even a minimal following of international human rights standards, Mumia must now be released. I therefore join the call, and ask others to follow, asking District Attorney Seth Williams to rise to the challenge of reconciliation, human rights, and justice: drop this case now, and allow Mumia Abu-Jamal to be immediately released, with full time served.”
DA DROPS DEATH SENTENCE
The news that the DA’s Office of Philadelphia is no longer seeking the death penalty for Mumia is no news to supporters of the nearly 30 year Pennsylvania Death Row prisoner. However, because Mumia has for thirty years been subjected to torture on death row and because he is innocent, justice for Mumia will not be served by life imprisonment, but by his release from prison.
Mumia’s case is like thousands of other cases in Philadelphia in which the prosecutor, the judge, and the police conspired to obtain a conviction. One of the most important and least known facts of this case is the existence of a fourth person at the crime scene, Kenneth Freeman. Within hours of the shooting, a driver’s license application found in Officer Faulkner’s shirt pocket led the police to Freeman, who was identified as the shooter in a line-up. Yet Freeman’s presence at the scene was concealed, first by Inspector Alfonso Giordano and later, at trial, by Prosecutor Joe McGill. Recently, the U.S. Department of Justice asserted that withholding evidence of innocence by the prosecutor warrants the overturning of a conviction.
Free Mumia NOW!
The police investigation that led to Mumia’s conviction was also riddled with corruption and tampering with evidence. The recently discovered Polokoff photographs that were taken at the crime scene, reveal that officer James Forbes, who testified in court that he had properly handled the guns allegedly retrieved at the crime scene, appears holding the guns with his bare hands. The photos also discredit cabdriver Robert Chobert as a witness; his taxi, contrary to his testimony, is pictured facing away from the fallen officer’s car. This evidence hasn’t been reviewed by any court.
Our call to Seth Williams is that he honor DA Lynn Abraham’s 1995 promise to the city of Philadelphia that she would discard any cases where evidence surfaces that even one of the officers involved in an investigation lied in court or in written reports.
The D.A. may think that the case can be laid to rest by sending Mumia off to life in prison. But an aroused public, with the Supreme Court ruling the death sentence to be unconstitutional, is ready to challenge anew the entire trial. The same judge, jury, and DA that were involved in the unlawful sentencing process committed equally egregious violations in the conviction. This is not an ending, it is a new beginning for the movement supporting Abu-Jamal’s quest for release.
The December 9 forum at the National Constitutional Center, featuring Prof. Cornel West, will be preceded by an 11:30 a.m. Press Conference, at the American Friends Service Committee building, 1501 Cherry Street. Then the following day there will be a full-day of organizing and fundraising activities, Saturday December 10, at the Germantown Event Center, 5245 Germantown Avenue, beginning at 12 Noon.
For Interview Contact
Dr. Johanna Fernandez, 917.930.0804
Dr. Suzanne Ross, 917.584.2135
Dr. Mark Taylor, 609.638.0806
Ariana’s parents also asking supporters to come to custody hearing Dec. 12
By Diane Bukowski
DETROIT – Detroit’s heroic mother Maryanne Godboldo is calling on her supporters to pack the court Friday, Dec. 9 at 9 a.m., as Wayne County Prosecutor Kym Worthy attempts to overturn 36th District Court Judge Ronald Giles’ dismissal of all criminal charges against her. Giles said the charges violated protections guaranteed by the U.S. Constitution.
The hearing will be held in front of Wayne County Circuit Court Judge Gregory Bill.
Maryanne Godboldo speaks at Dec. 3 rally
“He will be reviewing the possibility of me going to trial after all,” Godboldo explained during a rally Dec. 3, held at Holy Hope Heritage Baptist Church on Detroit’s west side.
“Each side will present their arguments. But I am my mother and father’s child. They taught us who we are as Black folks, as Godboldos. We have survived over hundreds of years. We MUST fight for our children!”
Godboldo stood off Detroit’s Special Response Team, equipped with helicopters, tanks and assault weapons, for 12 hours Mar. 24 to prevent them and Child Protective Services (CPS) worker Mia Wenk from seizing her daughter Ariana Godboldo-Hakim, 13 at the time. Wenk wanted to force the child back on a dangerous drug, Risperdal.
Worthy subsequently charged Godboldo with discharging a weapon in a dwelling, felonious assault, resisting and obstructing police officers, and using a firearm during a felony. Her child was kidnapped and held in Northville Psychiatric Hospital for over six weeks, where she was indeed given Risperdal and other dangerous psychotropic drugs that are banned for use in children.
Wayne County Prosecutor Kym Worthy
In addition, the hospital took Ariana’s artificial leg, which she had worn since birth, from her during her stay, forcing her into a wheelchair. There is evidence that she was also sexually assaulted.
“My daughter is coming along but she has her setbacks where she is in agony,” Godboldo said. “The Risperdal did far more damage than the immunizations whose effects led me to seek help for her.”
One of the institutions where Godboldo took Ariana to seek help, The New Oakland Child-Adolescent and Family Center, has been paid by drug companies to conduct trials since at least 2004. They first prescribed Risperdal for Ariana, then reported Godboldo to CPS for weaning her off the drug due to severe side effects.
Ariana's father Mubarak Hakim chairs rally Dec. 3, 2011
Godboldo’s case received world-wide publicity and support from families who had gone through similar situations.
“I would not want any other mothers to go through what we have,” Godboldo said at the rally. “I believe when we hear of a family whose children are about to be taken, we should organize the community and surround their house to support them.”
On Aug. 29, Judge Giles dismissed the criminal case against Godboldo.
“We are talking about a person’s constitutional rights including the right to liberty, subjecting them to an order that is grossly inadequate and incorrect,” Giles said. “It does not even express any situation where we have exigent circumstances where it says the child is at risk. . .Therefore I am going to quash this order and everything thereafter is null and void. It is the fruit of the poisonous tree.”
Giles originally held his ruling on the court order in abeyance until further testimony in Godboldo’s preliminary exam revealed the weakness of the prosecution’s case.
Rukiyah Shabazz speaks at Godboldo-Hakim rally 12 3 11
Godboldo’s stand first exposed the illegal, assembly line procedure the Wayne County Family Court has been using for years to take children from the arms of their families. During a custody hearing in front of Wayne County Family Court Judge Lynne Pierce, a court supervisor testified that orders to take children are never seen by the Chief Judge Leslie Kim Smith and hearings are not held before her.
Instead, the orders are rubber-stamped with the Chief Judge’s signature by three probation officers, who are not authorized to act in her stead.
Godboldo said her attorney Allison Folmar has informed her that the Court has now ceased that procedure. However, nothing has been done about hundreds and probably thousands of children who were illegally taken by Michigan CPS over the past decades.
Ariana’s father, Mubarak Hakim, chaired the rally, speaking eloquently on behalf of his child and her mother.
Paul Taylor gives Black Power salute during rally
“This is a big cover-up,” Hakim said. “People at higher levels are trying to duck and block, trying to put our sister in jail. This was a choice between life and death for Maryanne. If you are in a position where someone is trying to take your child, you are going to fight them to the death.”
Paul Taylor of the Inner City Sub Center said he has known Hakim as a committed activist, musician and entrepreneur “extraordinaire” for many years. He noted that Hakim has not received the publicity and respect due him for his devotion to his child and his dedication to the defense of her mother.
During her incarceration at Northville, Hakim visited Ariana every single day and is participating with Godboldo as the state fights ruthlessly for custody of the child. Judge Pierce has refused to drop the custody case.
Hakim and Godboldo are asking that supporters also attend the next hearing in front of Pierce, set for Monday, Dec. 12 at 1:30 p.m. at the Lincoln Hall of Juvenile Justice, located at E. Forest and the I-75 service drive.
Also speaking at the rally were Beverly Trans, who has devoted years to researching and battling illegal child seizures after her child was taken (click on BeverlyTran for further history), Minister Malik Shabazz of the New Marcus Garvey and New Black Panther movements, and Rukiyah Shabazz.
Is Worthy trying to exonerate killer cop Joseph Weekley, others by demonizing Aiyana’s family?
“The Detroit Police and its entities (Mayor, corporate Detroit, etc.) will do anything to protect the white cop that murdered seven-year-old and Black, Aiyana Jones, even if it means defaming, and destroying Aiyana’s family. This strategy has been used over, and over again to protect the system of white wannabe supremacy. We must fight, and resist this assault with all our might.” Fige Bornu, Justice for Aiyana Jones Committee
By Diane Bukowski
December 3, 2011
Chauncey Owens listens to attorney David Cripps during hearing
DETROIT – Why is Wayne County Prosecutor Kym Worthy continuing to press first-degree murder charges against Charles Jones, father of Aiyana Stanley-Jones, 7, killed by Detroit police May 16, 2010?
It became evident after Chauncey Owens once again refused to testify in Jones’ case, during a second stab at a preliminary exam Nov. 28, that the prosecution has little other evidence against Jones in the killing of Je’Rean Blake, 17, on May 14, 2010.
Thirty-Sixth District Court Judge E. Lynise Bryant-Weekes said there was only a “slim chance” that she could bind Jones over on first-degree murder and felony firearms charges without any other testimony.
Charles Jones consults with attorney Leon Weiss Nov. 28
“We have one other witness who is here to testify she identified the defendant at the scene,” Assistant Prosecutor Robert Moran told her. But he said the testimony would not involve “direct evidence regarding the homicide.”
He offered no testimony regarding the gun allegedly used to kill Blake that would link it directly to Jones. The prosecution claims Jones gave Owens the gun prior to the shooting.
With his lawyer David Cripps standing behind him, Owens remained firm, calm and collected even after Moran offered him an order of “use immunity” to circumvent his Fifth Amendment right to remain silent. Judge Bryant-Weekes held him in contempt of court, remanding him to the Wayne County Jail without bond.
36th District Court Judge E. Lynise Bryant-Weekes
But she added, “I am 99 percent certain that I have no authority to hold him on contempt charges for one year.” She said the exam would resume Thursday, Dec. 22 at 1:30 p.m. to see if Owens had changed his mind.
Cripps explained Owens’ refusal to testify, saying the “use immunity” offer does not protect him against charges of perjury. Moran said no immunity can be offered against perjury charges by state law.
“In light of the fact that we don’t believe the order protects him, he still maintains his silence in spite of the court’s order,” Cripps said. “I have had a full discussion with my client on this matter.”
One-man grand jury, Wayne County Circuit Court Judge Timothy Kenny
Jones’ attorney Leon Weiss of the law firm of Fieger, Fieger, Schwartz and Kenney objected to holding Jones any longer.
“The man is presumed innocent and in fact is innocent,” Weiss said. “Without the testimony of Mr. Owens the prosecution has no case even for probable cause. The government can’t just make someone sit in jail until somebody else changes their mind. My client was simply living his life and mourning the loss of his daughter when he was arrested.”
Jones is also charged with perjury, during testimony given to a one-man grand jury, Wayne County Circuit Court Judge Timothy Kenny, in March. A Detroit police sergeant testified during the exam that she was present at the grand jury hearing. She said he testified essentially that he knew nothing about the circumstances of the Blake killing.
Moran, however, brought no other witness to the stand to contradict Jones’ alleged statements.
Party story at St. Jean and Mack, site of Je'Rean Blake's killing
According to testimony given by bystanders at a bus stop, which is cited in Owens’ court file, there were at least 40 people in the large parking lot of a liquor store when Blake was killed. The Michigan State police seized a van belonging to Owens’ brother Sherrod Heard from the backyard of the Jones’ residence. Owens allegedly exited that van before the Blake killing.
In addition to offering no testimony about the gun itself, such as fingerprints, the prosecution has brought no witnesses to say they saw Jones give the gun to Owens.
Prosecutor Kym Worthy showed up herself at Joseph Weekley's arraignment; he is free on personal bond.
The question becomes whether they are expending so much time, money and effort on prosecuting Jones for other reasons, likely that a conviction would assist Detroit police officer Joseph Weekley in his trial on involuntary manslaughter charges, set for May 2 next year.
Owens was scheduled to be sentenced on second-degree murder charges in the Blake case, to which he pled guilty, on Dec. 2. Attorney Cripps said he requested an adjournment of his sentencing until his contempt of court charges are resolved.
Cripps added that the plea agreement he made, guaranteeing him a maximum of 28 years for the murder charge and two years for a firearms charge, may be withdrawn by the prosecutor due to his refusal to testify in Jones’ case, but Worthy has not yet done so. The written plea agreement stated only that he would “tell the truth” about who provided him the weapon.
Owens’ attorneys earlier made several attempts to get his confession thrown out based on the stressful circumstances under which it was made. Owens’ had denied involvement in the Blake shooting for an hour and a half, until police had him call his fiancée LaKrystal Sanders, knowing she would tell him her niece Aiyana was dead.
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