VOICE OF DETROIT: The city's independent newspaper, unbossed and unbought

Darryl Woods Sr. with U.S. Senator Gary Peters. D(MI)

DARRYL WOODS, SR. , WHO ATTENDED RALLY FOR BIDEN WITH TROY RIENSTRA ON BELLE ISLE IN DETROIT OCT. 31, TOOK THE VIDEO ABOVE.  VOD downloaded video from  Facebook to its YouTube channel in order to feature it here. Woods and Rientstra each spent decades  in the Michigan Department of Corrections, are now activists for criminal justice reform, among other issues.

Complete C-SPAN video of event is below.

https://www.c-span.org/video/?477559-1/joe-biden-president-obama-hold-rally-detroit

PROPOSAL N IS JUST ANOTHER $250 MILLION PROPERTY TAX

Mike Duggan says taxes will not go up, but Detroit’s total debt will be further extended–do Detroiters want another bankruptcy?

Detroiters already over-assessed $600 MILLION in property taxes, Duggan has refused to give refund or property tax credit

By Agnes Hitchcock, Steward, Call ’em Out

October 30, 2020

One of hundreds of thousands of Detroit homes vacated due to foreclosures which profited banks and mortgage companies, drove out Black families.

DETROIT--Call ’em Out encourages all Detroiters to VOTE NO ON PROPOSAL N on November 3. It is a $250 MILLION PROPERTY TAX On homeowners in the poorest, Blackest city in America.

Detroit homeowners continue to be under merciless assault from the administration of Mayor Mike Duggan. On December 17, 2019 hundreds of Detroit taxpayers demanded that the City Council vote down Mayor Mike Duggan’s proposed $250 Million bond proposal to demolish 18,000 homes stating it was an enormous tax after being illegally taxed to the tune of $600 million, resulting in illegal foreclosures.

In the midst of both a COVID-19 and a racism pandemic, ravaging Detroit citizens, families, neighbors, loved ones, Duggan and these heartless city council members sneaked it through in our distraction.

In addition to Proposal N, property owners were over-assessed more than $600 million for over six years. The city of Detroit’s administration via Mayor Mike Duggan refuses to give property taxpayers a refund or a property tax credit.  Many Detroit property taxpayers have lost their homes for property taxes we never owed in the first place.

Proposal N is a Property Tax burden which our community should not be asked to fund.  Our city’s administration says these property taxes will further fund the Land Bank Authority.  Not only should we not be asked to fund this tax proposal, our community receives little to no benefit from the Land Bank Authority by way of improvement to our neighborhoods, contracts, jobs or small business development.

The Land Bank Authority has been the focus of local and state reviews and a federal criminal probe that culminated in bid-rigging charges. The Land Bank Authority plays a major part in the mismanagement of tax dollars and further gentrification in the city of Detroit.

A recent article in the Detroit News written by Christine Ferretti, “Audit of Detroit Land Bank Flags Weak Controls, Demolition Records,” provides further reason not to support this tax proposal.  This article appears to have been written based on findings in a report from Stout Risius Ross.

• unexplained bank reconciliations and transactions not recorded in the land bank’s ledger,
• unapproved vendor payments and payroll discrepancies.
• “inability of the land bank to provide a property-by-property accounting of amounts paid per demolished property” as well as the state-level reimbursements received under the federal program.
• The audit also flagged worries over controls for the land bank’s Demolition Advance Fund.
• The audit contends the land bank has been unable to account for the amounts it has paid contractors and received as reimbursements for property under the federal program.
• The audit identified $315 million in payments the land bank made to 629 different recipients over the review period. However, 79 recipients — comprising $50.8 million in funds — “were made to recipients not included on the DLBA’s approved vendor list,” the July 27 report contends.

Contractor Homrich, which profited from Duggan’s no-bid award, demolishes Detroit house in 2015. The city also hired Homrich to shut water off for thousands of Detroit families. 

Of the $50.8 million, about $24.2 million went to (demolition) vendors with names similar to those on the approved vendor list. The remaining $26.6 million, it says, was paid to other vendors “not on the approved vendor list in any capacity.”

“Even minor discrepancies in these details can be a red flag of fraudulent activity where an unauthorized payment is made but disguised as a legitimate payment to an approved vendor,”

The audit says the land bank was unable to demonstrate that the advance fund was used for its intended purpose or if it has controls to prevent misuse.

Proposal N is a property tax which Detroit property taxpayers must not be asked to fund under any circumstances. VOTE NO!!

Agnes Hitchcock: Detroit’s Fiery Black Activist Urges ‘No’ Vote On Proposal N

Selections from Bankole Thompson’s interview of AGNES HITCHCOCK:

AGNES HITCHCOCK: Mike Duggan and his administration rarely get the scrutiny heaped on prior Black administrations.  He is allowed conflict of interest passes such as the preferential treatment his administration gave to the Make Your Date program under its director Dr. Sonia Hassan and how the city directed more than $358, 000 in federal grants to the program, reports about bid rigging in the administration, Black contractors losing out on opportunity, cronyism passes, residency passes, shoddy accounting passes in the Detroit Land Bank Authority.

AGNES HITCHCOCK:  This situation we are in has and will set our community back for generations.  Homeownership is the foundation of our community’s wealth, which is the major avenue for starting to build wealth in our community. . . Selling a home seized from a Black homeowner for (unpaid) taxes and selling that home to a white person for 25% of its value and then providing restoration funds to the new white owner has the intended impact of Black removal.

https://voiceofdetroit.net/2020/03/18/arizona-vaughn-how-can-they-take-my-home-fights-wealthy-detroit-elite-treasurer-uchc/

https://voiceofdetroit.net/2014/11/15/detroit-bankruptcy-plan-genocide-in-usas-largest-black-majority-city-rich-get-95-9-poor-get-13-5/

https://www.freep.com/story/opinion/editorials/2020/10/20/vote-no-detroit-proposal-n-november-election/5857347002/

https://www.detroitnews.com/story/news/local/detroit-city/2020/08/18/audit-detroit-land-bank-flags-weak-controls-demolition-records/5599557002/

SPEAKERS: People’s Atty. Victoria Burton-Harris; Hakim Littleton’s aunt, fiancee and her mother, Nakia Wallace of Detroit Will Breathe, ACLU Atty. Mark Fancher, NCBL Atty. Jeffrey Edison, W. Paul Jackson, Diane Bukowski

This is the complete livestream video from Detroit Will Breathe’s Facebook Page of the Hakim Littleton Tribunal October 25, 2020. The video is nearly 3 hours. A summary will come.

LaSonya Dodson, mother of Darrell Ewing, campaigns for her son outside Frank Murphy Hall in downtown Detroit July 2, 2020

Court affirms that bias from jurors’ introduction of “extraneous” internet, social media info on urban gangs, Black youth caused guilty verdict

Eight judges in four courts have now ordered new trial for Darrell Ewing, Derrico Searcy

Supporters say: call Wayne County Pros. Kym Worthy, AP Jon Wojtala to ask them to drop continued prosecution, at 313-224-5777

National journalist/producer Maggie Freleng publishes podcast on case, petition to free Ewing at https://actualinnocentprisoners.com/darrell-ewing

How many more convictions have been tainted by use of untrained DPD ‘gang’ experts who use Facebook, internet info against defendants?

DONATE TO VOD at https://www.gofundme.com/VOD-readers-up

By Diane Bukowski 

October 23, 2020 

Darrell Ewing

DETROIT — Darrell Ewing, sentenced to life without parole at the age of 21 in 2010, scored another victory Oct. 22 in his campaign for release and exoneration of what his supporters say was a wrongful murder conviction.

An appeals court unanimously upheld Wayne County Third Circuit Court Judge Michael Hathaway’s order one year ago which granted a new trial for Ewing and co-defendant Derrico Searcy.

The panel agreed that the verdict in the trial for the murder of J.B. Watson in 2009 resulted from “extraneous” information about urban gangs from social media and the internet, introduced by several jurors into deliberations. The prosecution’s theory of the case was that the murder resulted from a gang war, but no one testified to that effect at trial.

“Now four different courts  and eight different judges all agree the system blatantly denied my constitutional right to a fair trial,” Ewing told VOD. “I just thank Allah and everyone who throughout the years supported, rallied and petitioned on my behalf. When truth is on the manifest, falsehood flees for sure. I just pray that Kym Worthy and her office of injustice never do another individual as my family and I have been done all these years.”

Ewing’s defense attorney Christine Pagac of the State Appellate Defenders’ office told VOD, “Darrell has spent a decade fighting these charges and proclaiming his innocence. We are excited and joyful that the Court of Appeals affirmed the grant of a new trial.  We hope that the prosecutors are convinced by the well-reasoned opinion roundly rejecting their arguments to drop the appeal and ultimately the entire case against Darrell Ewing.”

Pagac said she has represented three defendants from Michigan who are now on the National Registry of Exonerations: Wayne Dabb, of Dickinson County, James Grissom, and Jimmie Nelson, of Iosco County. Nelson had been convicted falsely of murder.

See complete ruling at: http://voiceofdetroit.net/wp-content/uploads/2-Darrell-Ewing-COA-opinion-10-13-20.pdf

Derrico Searcy and Darrell Ewing listen to former jurors’ testimony Aug. 26, 2019. Ewing’s atty. Christine Pagac is at Ewing’s right.

The state appeals panel agreed with Judge Hathaway, U.S. District Court Judge Denise Page Hood, and three Sixth Circuit Court judges on the issue of jury contamination.

“During deliberations, the members of a jury are permitted to consider only the evidence that was admitted in open court,” appeals Judges Patrick M. Meter, Douglas B. Shapiro, and Michael J. Riordan held.

“A jury’s consideration of extraneous information that was not introduced at trial constitutes a deprivation of a defendant’s Sixth Amendment rights of confrontation, cross-examination and assistance of counsel.”

The appellate ruling may lead to the review of hundreds of convictions obtained through the use of untrained “gang” experts by the Wayne County Prosecutor  and the Detroit Police Department. The late Judge Carole Youngbl00d, who presided over the Ewing/Searcy trial,  banned the testimony of DPD officer Terri Graves after hearing that she also relied exclusively on the internet and social media during her “expert” analyses.

Juror Kathleen Byrnes, the lone hold-out for a “not guilty verdict,” said during a months-long evidentiary hearing ordered by Judge Page Hood that the material caused her to change her vote to “guilty.”

She cited another juror’s argument based on her own internet “research” that Tyree Washington had sacrificed himself because of a gang “pecking order.” Washington’s written affidavit testifying in detail to the murder of J.B. Watson was entered at trial. Christopher Richardson, an FBI witness, testified that Washington had confessed to him while they were locked up together.

Byrnes broke down weeping at the end of her testimony over two days, saying that she had agonized for ten years over changing her vote to “guilty.” She brought the jury contamination to the attention of defense attorneys shortly after the 2o1o verdict.

“We also note that although Byrnes indicated that the gang-hierarchy information was the extraneous information that ultimately changed her vote, we cannot completely ignore the other external information brought into deliberations,” the panel of  Appeals Court Judges Patrick M. Meter, Douglas B. Shapiro, and Michael J. Riordan said.

Kathleen Byrnes

“For example, Byrnes testified that one juror found Facebook photographs of Ewing with a gun and shared that information during deliberations. Byrnes recalled one juror stating during that discussion, ‘You know they’re guilty of something.’ Notably, before trial Ewing successfully sought to suppress a photograph depicting him holding a gun.

“Similarly, the trial court also precluded the testimony of Terri Graves, a police officer who the prosecutor sought to present as an expert in gangs and gang signs. Yet, as the trial court reasoned after the evidentiary hearing, this is precisely the type of information that was brought into deliberations through the extrinsic material.”

Judge M Hathaway

“ . . .[I]t is just inescapable from [juror Kathleen] Byrnes’s testimony that the outside influences caused her to change her mind. . . that the information, particularly about gang culture, gang hierarchy, gang signs, etc., were highly prejudicial.  . . pretrial, the trial Judge disallowed evidence from a People’s so-called expert witness . . . Terry Graves who apparently is a police officer who fancies herself to be an expert in gang culture .  .  . Graves testified that much of the information that she has acquired to arm herself with expert’s credentials comes from the Internet.. . We can imagine much of the same information that juror Byrnes was exposed to inappropriately or improperly during the course of jury deliberations.” — 3rd CC Judge Michael Hathaway

The panel also upheld Judge Hathaway’s ruling that the evidence of guilt presented at trial, including shaky eyewitness testimony, was “not overwhelming.”

Nationally acclaimed journalist and producer Maggie Freleng published a gripping podcast Oct. 22  telling the story of the duo’s wrongful conviction. It includes an online petition calling for “the dismissal of all charges, complete exoneration and immediate release of Darrell R. Ewing, who has been wrongfully Incarcerated 3,611 days and counting for a crime he did not commit.”

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

Ewing’s mother LaSonya Dodson told Freleng, “When they started all of the growth in Detroit like fixing up and getting investors to come in, it seems like they took and just used kids to say they were cleaning up the city,  just grabbing people to arrest. Whenever  it seems to be young Black men in any kind of group, it could be a dance group, they’re considered a gang. I don’t want anything to do with it anymore, because of the way the media portrays young Black men.”

The publication of Ewing’s book “The Real Suffer the Most,” describing his life and his ordeal, is also imminent. VOD will publish a review of the book in a subsequent article.

At press time, Wayne County Prosecutor Kym Worthy’s representative Atty. Maria Miller said they are considering filing an application for leave to appeal with the Michigan Supreme Court. They have filed appeal after appeal since U.S. District Court Judge Denise Page Hood’s first order for a new trial based on jury misconduct in 2017.

A reading of the COA ruling makes it difficult to discern any grounds under which the Michigan Supreme Court could grant the application for leave to appeal.

The appeals panel struck down arguments by AP Jon Wojtala that it was bound by a previous panel’s denial  of relief (“the law of the case”), and that the prosecution had fulfilled its obligation under the previous courts’ rulings by holding the evidentiary hearing without complying with its resulting order.

“The evidentiary hearing ordered by the federal court to determine the effect of the extraneous information would have served no purpose if were bound to follow our prior ruling that there was insufficient prejudice to merit a new trial,” the appeals court said. “For these reasons, we conclude that the law-of-the-case doctrine does not apply to issues relating to defendants’ claim of extraneous influence.”

AP Jon Wojtala

The panel said that results of the evidentiary hearing constituted “newly discovered evidence” they were bound to consider.

Wojtala was promoted to Chief of Prosecutor Worthy’s division of Research, Training and Appeals in July of this year, after previous assistant prosecutors in that position had abruptly left the office or retired.

Ewing was convicted of first-degree murder, and Searcy of second-degree murder in the killing of J.B. Watson on Dec. 28, 2009 on Detroit’s east side.  No murder weapon was ever produced. Multiple witnesses testified that Ewing was at a family member’s funeral at the time of the killing.

An affidavit from Tyree Washington, confessing in detail to the killing, and testimony confirming that confession from Christopher Richardson, a confidential informant the FBI brought to AP Kam Town’s attention, were introduced at trial.

Washington has since confessed repeatedly to the murder, and given the audio interview below to private investigator Scott Lewis. If there is a new trial, he is expected to testify there. Ewing’s supporters say his testimony, without the biased jury in play, would be key to an acquittal.

Related documents

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

Video of Court of Appeals oral arguments: https://youtu.be/Uv8E73t_Nc4

U.S. District Court Judge Denise Page Hood’s order for a new trial:

http://voiceofdetroit.net/wp-content/uploads/Darrell-Ewing-habeas-corpus-grant-1.pdf

6th Circuit ruling on Michigan AG’s appeal of Judge Page Hood’s order

http://voiceofdetroit.net/wp-content/uploads/Ewing-6th-CC-2-5-19-compressed.pdf

Judge Denise Page Hood’s opinion on remand from Sixth Circuit Court:

http://voiceofdetroit.net/wp-content/uploads/Opinion-on-remand-Ewing_v_Woods__miedce-15-10523__0016.0.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

State AG objection to Darrell Ewing motion for emergency habeas relief:

http://voiceofdetroit.net/wp-content/uploads/AG-response-Ewing_v_Woods__miedce-15-10523__0026.0-1.pdf

Darrell Ewing’s pro se response to State AG:

http://voiceofdetroit.net/wp-content/uploads/DEwing-response-to-prosecutor-Ewing_v_Woods__miedce-15-10523__0030.0.pdf

Related stories:

https://voiceofdetroit.net/2020/09/29/fighting-for-his-life-darrell-ewing-in-court-again-despite-3-orders-in-3-yrs-granting-a-new-trial/

https://voiceofdetroit.net/2020/07/12/free-darrell-ewing-two-judges-have-ordered-new-trials-in-innocence-case-kym-worthy-still-appeals/

https://voiceofdetroit.net/2019/10/27/darrell-ewing-derrico-searcy-win-new-trial-in-murder-case-after-nearly-two-decades/

https://voiceofdetroit.net/2019/09/17/ewing-searcy-hearing-on-jury-use-of-internet-research-on-gangs-in-2010-trial-to-continue-oct-4/

https://voiceofdetroit.net/2019/08/27/juror-in-2010-ewingsearcy-murder-trial-verdict-tainted-by-jurys-gang-related-internet-research/

https://voiceofdetroit.net/2019/02/14/sixth-circuit-orders-evidentiary-hearing-instead-of-new-trial-in-darrell-ewings-2010-murder-conviction/ 

https://voiceofdetroit.net/2017/11/27/fed-judge-strikes-down-darrell-ewing-conviction-due-to-jury-discussion-of-gang-social-media

https://www.facebook.com/DetCoalitionforPoliceTransparencyandAccountability/

The Detroit Coalition for Police Transparency and Accountability analyzed Detroit Police Chief James Craig’s version of the July 10 police murder of Hakim Littleton, 20, as below.

It clearly shows that a Detroit Police “SWAT” team executed the young man with a point-blank shot to the back of his head as he lay on the ground, already wounded and restrained by an officer sitting on top of him. Detroit Will Breathe has called for the release of the names of the cops involved and all other evidence pertinent to Hakim’s brutal death.

Hakim Littleton Family photo

To date, however, neither Craig nor Wayne County Prosecutor Kym Worthy, who had the case on her desk for investigation, has released the requested information. Littleton’s family, friends, neighborhoods, and all Detroiters subject to the actions of the Detroit police have a constitutional right to this information.

In the two weeks following Hakim’s death, two more men were shot to death by Detroit police. Craig has not released the names of the men killed or the officers involved.

WHO ARE THE OFFICERS INVOLVED IN THE DEATHS OF HAKIM AND THE OTHER TWO MEN?  DO THEY HAVE A RECORD OF SIMILAR ACTIONS? ARE THEY A CONTINUING DANGER TO THE COMMUNITY?  

Related:   Community statement on Hakim  Littleton’s killing:  https://www.aclumich.org/en/press-releases/community-statement-killing-hakim-littleton

Previous related stories:

• DPD CHIEF CRAIG CONTINUES ATTACK ON HAKIM LITTLETON, KILLED BY POLICE 7/20/20, USING FALSE CLAIMS
• COPS AT SCENE SUPPORTED TEEN WHO KILLED 2 KENOSHA PROTESTERS; WHITMER SENDS NAT.’L GUARD TO AID THEM
• KENOSHA,WI COPS SHOOT BLACK DAD 8 TIMES IN BACK; DETROIT COPS ATTACK PROTEST VS. FEDS, ARREST 42
• WAYNE CO. PROSECUTOR KYM WORTHY MUST GO! VOTE FOR VICTORIA BURTON-HARRIS AUG. 4 IN DEM. PRIMARY
• WOULD DETROIT POLICE HAVE KILLED HAKIM LITTLETON IF HE WAS WHITE?

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Last Prisoner Project pushes for release of  Michael Thompson, 69, just diagnosed with COVID-19, in prison 25 yrs. for marijuana conviction

See  https://www.freemichaelthompson.com/

Another prisoner needing release: Rudi Gammo, owner of marijuana dispensary

Cannabis expungement package still awaits Gov. Whitmer’s signature

325,000 in Michigan still in prison or released with marijuana charges on records, despite state legalization in 2018

Ricardo Ferrell

By Ricardo Ferrell

VOD Field Editor
October 1, 2020

FROM VOICE OF DETROIT:              HAPPY BIRTHDAY, RICARDO!! OCTOBER 12, 2020

Mary Bailey manages the Last Prisoner Project (LPP), which is campaigning for the release of Michigan’s Michael Thompson, 69, serving a 42-60 year term that is marijuana-related, although voters in the state of Michigan legalized recreational marijuana possession and use in 2018.

Thompson recently tested positive for the coronavirus, along with more than 900 other  prisoners at the Correctional Facility, over half the population there.

During the years-long campaign to release him, his supporters repeatedly raised the issue of his age and medical conditions that put him in heightened danger of  COVID-19 infection.

The LPP pushes for expungements of marijuana criminal records, and the release of those in jails & prisons, especially in states where marijuana has been legalized.

“In America there is supposed to be a fair system of justice, where the punishment should be equal to the crime,” Mary Bailey says.

Mary Bailey, Manager Last Prisoner Project

“In Thompson’s case, he was given what people in Michigan call a virtual life sentence. We have got to reform our criminal justice system to be more reflective of places like Switzerland and other European countries, where the punishment for the commission of crimes doesn’t exceed its intended penological purpose. In other words, we shouldn’t be giving offenders like Michael Thompson 40-60 years for cannabis, and locking them up for what amounts to the rest of their lives, then throwing away the key.”

Thompson, 69, was found guilty of selling three pounds of marijuana to an undercover police informant in 1996. The case has gotten the attention of lawyers, advocates, supporters and the general public, all saying his sentence is too harsh and the 25 years Thompson has already served, is enough, garnering substantial media coverage.

In 2018, voters in the State of Michigan went to the polls and cast their votes on Proposal 1. Its passage gave recreational marijuana possession and usage a pathway toward legalization. This seemed to be an instant victory for those with marijuana convictions because lawmakers and candidates for public office vowed to put in place a mechanism to begin expunging criminal records for marijuana convictions.

Those promises have mostly been empty, as there still remain people like Michael Thompson and Rudi Gammo sitting in prison for something that has basically been legalized in Michigan.

Thompson has also garnered the support of Genesee County Prosecutor David Leyton, who has joined his lawyer Kimberly Corral to push for his release. Current laws in Michigan, like the 1998 Truth-In-Sentencing Statute, preclude Thompson from having his sentence reduced, The law requires him to serve 100% of the 42-60 year term, which means he isn’t eligible for parole until 2038, when he turns 87 years-old.

Michigan AG Dana Nessel

The only other option for Thompson to be released is through the commutation process, which starts with the Michigan Parole Board, then requires at least one of ten members to recommend the process t0 the Governor.

As of this article, it has been reported that the process has begun in Thompson’s case. As reported by Christina Maxouris, of CNN, Michigan’s Attorney General Dana Nessel wrote in a letter to Gov. Gretchen Whitmer dated Aug. 5, 2020, in part…”The sentence imposed on Mr. Thompson is the product of a different time in Michigan legal history. . . And it is a time that has passed.”

Attorney General Nessel even calls Thompson a model prisoner in her letter to Gov. Whitmer and says…”Mr. Thompson’s actions over the course of his incarceration reveal that he will not pose a danger to the community if his sentence is commuted and he is released from prison.” See: http://voiceofdetroit.net/wp-content/uploads/Ltr_to_Gov_Reg._Thompson_08.05.2020_698456_7.pdf

The late Mich. Senator Isaac Robinson (seated) with Rep. Jewell Jones (l)

Michigan Lawmakers Jewell Jones, (D) Inkster, and the late Isaac Robinson, (D) Detroit both introduced legislation for the expungement of marijuana convictions. House Bill 5120 tackled the need for expungement of marijuana convictions. Rep. Jones saw how senseless it was to keep those sort of convictions on someone’s criminal record, which if left unchallenged could likely effect them seeking employment opportunities, fair housing, and moving forward in their lives.

According to Gov. Gretchen Whitmer’s spokeswoman…”Governor Whitmer is open to discussing this issue with her legislative partners to ensure that residents do not bear a lifelong record for conduct that would now be legal at the state level…,” Whitmer’s Spokeswoman Tiffany Brown tells Metro Times.

UPDATE: Gov. Gretchen Whitmer signed the following six-bill Clean Slate package below October 12, 2020. That legislation, part of a six-bill package covering criminal justice reform,  has been approved at both the House and Senate levels, and is now on the Governor’s desk. The Senate Advisory Committee summarized the provisions of the bills as follows:

Expand the number of people who qualify for expungement: Under the plan, a person with up to three felonies and any number of misdemeanors could have all their convictions set aside if none were assaultive crimes. Someone with an assaultive crime can have up to two felonies and four misdemeanors set aside. Convictions such as murder and criminal sexual conduct would not be eligible.

Mich. State Senator Jeff Irwin

Automatic expungement for some offenders 10 years after their monitoring by the justice system ends: This would be if none of the convictions are assaultive crimes or serious misdemeanors, and only for convictions that were punishable by less than 10 years imprisonment. It would apply after the person has paid restitution.

Allow expungement of marijuana convictions for behavior that would be permissible under current law: Most of these individuals would be eligible to apply for expungement immediately. This process would not be automatic. A different bill introduced by Sen. Jeff Irwin, D-Ann Arbor, would automatically clear misdemeanors involving low-level marijuana use and possession.

Allow forgiveness for multiple acts committed during “one bad night”: Convictions for offenses similar in nature that were committed in a 24-hour period would be treated as a single felony if none were assaultive, if none involved the possession of a weapon, and if none carried a maximum penalty of more than 10 years.

Allow for the expungement of some traffic offenses: Driving under the influence and traffic offenses causing serious injury or death would not qualify for expungement.

Shorten the eligibility period for misdemeanors: Applications to set aside more than one felony could be filed after seven years. A serious misdemeanor or one felony could be expunged after five years. Other misdemeanors with no felonies could be expunged after three years.

INTERVIEW WITH LPP’S MARY BAILEY

Michael Thompson in earlier photo with grandchildren.

VOD asked Ms. Bailey to describe how she feels about Michael Thompson being held unnecessarily for a crime that has now been legalized in the state where he’s confined.

“Until we can begin to see Michael and countless others worthy of another chance at life, and not condemn them for making mistakes, because we all have made mistakes and errors, but see them as redeemable human beings who can contribute something worthwhile to society, then we will continue to hold them in prison 40-60 years for something as simple as marijuana,” says Bailey.

Q: What inspired you to help start LPP?

A: As a member of the legal cannabis industry, I felt a moral imperative to help those who have been impacted by the criminalization of cannabis. People who are incarcerated for cannabis are the pioneers of this booming industry and they deserve freedom.

Q: Tell me about the Last Prisoner Project: 1) its creation; 2) mission and goals; and 3) where do you see it going in the near future?

A: I host a cannabis conference in Hawaii called Maui Cannabis Conference. After my last conference in 2019, I felt an emotional pull to advocate for prisoners who are incarcerated for cannabis, so I reached out to my mentor, Andrew DeAngelo. He informed me that he and his brother, Steven DeAngelo, have wanted to create an advocacy organization to release prisoners for many years, so we started working together to form Last Prisoner Project and the rest is history.

Last Prisoner Project is dedicated to releasing cannabis prisoners and helping to rebuild their lives. We also know that most everyday Americans don’t realize that there are over 40,000 people incarcerated for cannabis today. Our goal is to educate the public about this important cause, so that they can use their voices for change.

Q: When did you first get involved with the Thompson case?
A: Our organization first started working with Michael Thompson last year. Our team was involved in working with with his attorney, Kim Corral, to file his clemency petition in January 2020. Once we realized that there was not any movement from the MI Parole Board, we decided to create an advocacy & awareness campaign highlighting Michael’s situation.

Q: Recreational marijuana has been legalized in Michigan, should those sort of convictions be expunged?

A: Since adult use cannabis legalization has taken place in Michigan, I feel that all those who are incarcerated for cannabis should be released and their records be expunged. Nobody should still be feeling the effects of the criminalization of cannabis now that it has been deemed an essential business during a global crisis.

Richard Delisi, 71, serving 90-yr sentence in Florida on cannabis conviction

Q: What other cannabis related cases have you been involved in?

A: Our organization works with many different cannabis cases all over the country. One of the most egregious cases I’m currently working on involves a man named Richard Delisi. Richard has been incarcerated for cannabis for 32 years in the State of Florida. He is the longest serving nonviolent prisoner for cannabis in America. American taxpayers have spent $1.6M on his incarceration.

Q: How do you juggle your advocacy and being a mother to your beautiful daughter?
A: I realize that nobody can fill from an empty cup, so I do my best to ensure that I focus on self care for myself to include a daily exercise and a healthy diet, as well as quality time with my family in the evenings and weekends, so that I have the energy to do my advocacy work. My daughter and I love to ride bicycles, read books and go on trips together.

Q: What organizations has LPP collaborated with in its push to get those with marijuana convictions freed?
A: We have worked with many organizations including Life for Pot, Can-do Clemency, the Weldon Project, the Innocent Project, MI Cannabis Caucus, Redemption, NORML, among others.

Q: Should the U.S. look at Switzerland and other European countries as a model for rehabilitation in its prisons and criminal justice systems?

Prison cell in Norway, a leader in prison reform

A: The U.S. should look at German & Dutch prison systems because they are focused on the ultimate goal of rehabilitating inmates, rather than enacting highly punitive policies and laws, which turn away from rehabilitation and reintegration. Germany’s Prison Act even states the sole aim of incarceration is to enable prisoners to lead a life of social responsibility free of crime upon release.

In the quarter of a century Thompson has been incarcerated, he’s exemplified what a model prisoner looks like. Having only incurred one misconduct (ticket) in the same time frame, is beyond exceptional. Michael Thompson is long overdue to be set free, he has proven to; prison staff, the parole board, the attorney general, the governor, the public, the many supporters, and most of all, to himself, that he is ready for reintegration back into our society.

Final note: This writer applauds the advocacy and hard work of LPP’s founder Steve DeAngelo, his brother Andrew DeAngelo, Sarah Gersten, Executive Director, and of course, Mary Bailey and staff for their efforts in helping individuals like Michael Thompson, Richard Delisi, Rudi Gammo and thousands more who sit needlessly in prisons around the country. In a recent article, Steve DeAngelo said he will not stop until the last cannabis prisoner is free.

UPDATE on case of David Shelton, covered in VOD article by Ricardo Ferrell:

https://voiceofdetroit.net/2020/05/31/exposed-racist-frame-up-of-david-shelton-by-oakland-county-in-1993-rape-case/

David Shelton (center) with son David Stinson (l) and daughter Mariah Stinson in MDOC visit photo.

JPay from David Stinson, son of David Shelton Sept. 17 to Ricardo Ferrell

Mr. Ferrell, I hope all is well with you and the rest of the VOD staff and I still read all you guys’ stories every time one drops… My father really talks and thanks you guys all the time he really appreciates the story y’all did for him because it really was detailed and put everything on the floor, he really feels y’all will be a reason why he’s released and I do as well…The CIU and Innocence Project picked up my father’s case and he credits VOD’s article about his case as part of the reason their working on his case, and he thanks you and your editor.” Sept. 17th. 

Field editor Ricardo Ferrell has written at least 30 stories for the Voice of Detroit over the previous years. His stories can be accessed by putting “Ricardo Ferrell” in the newspaper’s search engine, top right of page.

Related stories and links:

https://www.detroitnews.com/story/news/local/michigan/2020/10/12/whitmer-clean-slate-legislation-expanding-expungement/5966512002/

https://www.freep.com/story/news/local/michigan/2020/08/05/michael-thompson-marijuana-commutation-dana-nessel/3301970001/

https://www.lastprisonerproject.org/some-michigan-dispensary-owners-are-millionaires-while-others-are-inmates-rudi-gammos-story

https://freedelisi.com/

https://www.theguardian.com/world/2019/dec/12/why-are-there-so-few-prisoners-in-the-netherlands

https://www.cnn.com/videos/tv/2018/03/08/welcome-to-prison-full-doc-orig-cm.cnn

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This year marks the 10^th anniversary of Voice of Detroit. It has been a struggle financially to keep the paper going, but we feel it is vital for those WITHOUT a voice. We do not charge for access to our articles, as do the News and Free Press, but appreciate whatever readers can donate.  Our ongoing include quarterly HostPapa web charges of $380, P.O. box fee of $150/yr. and costs for research including court records, internet fees, office supplies, gas, etc. The editor and reporters are not paid for their work, and many live on fixed incomes or are incarcerated. Please if you can:

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