APPEALS COURT SAYS MUMIA’S SENTENCE ‘UNCONSTITUTIONAL’

Mumia Abu-Jamal

Call To Action

from The Black List Pub

April 28, 2011 

On April 26th, the U.S 3rd Circuit Court of Appeals ruled that the death sentence given to revolutionary journalist Mumia Abu-Jamal in 1982 was “unconstitutional,” and that prosecutors must either accept a ‘life sentence’ or grant a resentencing hearing within six months.

The ruling is only a small step in the right direction and supporters of Mumia should not at all let up on their commitments to securing justice for him.

Zayid Muhammad

“Mumia was framed and his case was mishandled from the very crime scene, to the trial, to the sentencing and even on to the appellate level,” said an exasperated Zayid Muhammad who has been supporting Mumia’s case for over 20 years.

“Mumia is innocent. His case was dogged by prosecutorial misconduct from the inception. There is now overwhelming evidence proving his innocence and that’s what we should be dealing with in court,” he continued.

 “Mumia spending the rest of his life in prison is no victory for the forces of justice, and no one should dare accept that,or expect us to accept that because we won’t,” he finished.

The ruling upholds a 2001 ruling by federal appeals judge William Yohn . No court, however, has yet to reconsider the evidentiary issues that have been developing steadily since 1995.

Pathetically, Philadelphia District Attorney Seth Abraham, the area’s first African American prosecutor, said that they may appeal the ruling to the US Supreme Court to have the death sentence reinstated…

THE NEW BLACK PANTHER PARTY

NATIONAL MINISTRY OF CULTURE PO BOX 25332, NEWARK, NJ 07101

BABAZAYID@YAHOO.COM 973 202 0745

CLICK ON Mumia 3rd Circuit TO READ ENTIRE DECISION.

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JUDGE ORDERS JOINT MEDICAL PLAN FOR ARIANA IN ONE WEEK, SUBSEQUENT RELEASE FROM HAWTHORN CENTER

Maryanne Godboldo demands return of Ariana at rally after her release from jail

Motions for immediate release based on constitutional violations and lack of emergency need for removal from home to be heard May 11

 All you can eat Fund-raiser Thurs. Apr. 28

By Diane Bukowski

Wayne County Juvenile Court Judge Lynn Pierce

DETROIT – Juvenile Court Judge Lynn Pierce has given Hawthorn Center’s chief medical officer one week to consult with well-known Detroit physician and allopath Dr. Margaret Betts, M.D., and “attempt” to generate a “medically appropriate” joint diagnosis and treatment plan for Ariana Godboldo-Hakim, 13.

“The Department of Human Services (DHS) must immediately look for a placement with a relative,” after the doctors produce the plan, Pierce said during a hearing April 22.

The courtroom was packed with family members and community supporters of the Maryanne Godboldo and her daughter.

Pierce issued the order after a lengthy meeting in chambers with the parties in the case, including  Godboldo, her attorney Wanda Evans, Ariana’s father Mubarak Hakim and his attorney Robert Freeman, attorney David McGuire, appointed to represent Ariana,  and an attorney from State Attorney General Bill Schuette’s office, representing DHS.

Ironically, state law and DHS policies and procedures mandate that those actions should have been taken place well before Child Protective Services case worker Mia Wenk sought a court order to take the child based on her mother’s refusal to medicate her with a psychotropic drug, Risperdal. (See sidebar.)  Wenk had been on the case only two weeks.

 “I think we have made progress toward getting Ariana returned home,” said attorney Wanda Evans after the hearing. “I am glad Dr. [Margaret] Betts is now involved in the treatment plan and hopefully they will have her released within a week.”

Godboldo’s sister Penny Godboldo, said, “I am very happy that the judge put a one-week time limit on the doctors’ consultation with each other. I feel confident that Dr. Betts will do her utmost to make this work.”

Freeman told the judge during the hearing that he wanted to play a videotape of Ariana horse-back riding, dancing and swimming to show the normalcy of her regular home life, but the judge ignored the request.

Mia Wenk

Wenk and two women with her refused comment after the hearing. Wenk, seated at the hearing table as she waited for the in-chambers conference to conclude, repeatedly smiled rather smugly.

Wenk accompanied an army of Detroit police, using helicopters, armored vehicles, and assault weapons, during the seizure of Ariana from her home on Blaine near Linwood March 25. Maryanne Godboldo denied the police entrance to the home for 12 hours, before relenting after being falsely assured that her child would go to her sister Penny Godboldo’s home. Police claimed a shot was fired inside the home during the stand-off.

Detroit police with assault weapons and armored vehicle outside Godboldo home on Blaine Mar. 24

“The Godboldo Family alleges that Ariana has been unjustly deemed a Ward of the State and is being unlawfully held hostage at Hawthorn Center in Northville, Michigan,” they said in an official statement on the case. “[The] Detroit Police Department did not produce a legally validated court order, after Godboldo made numerous requests for them to do so. The Godboldo Family further contends that legally Maryanne Godboldo is within her rights to have custody of her child; that Ariana has been unjustly deemed a Ward of the State and is being unlawfully held hostage at Hawthorn Center.” (Go to   to read entire statement.)

The case has generated outrage and support for the Godboldo family around the world, particularly from thousands of families who have lost their children to state action. Many contend state officials are financially motivated by federal funds received for each child placed in foster care.

Dr. Margaret Betts

Dr. Betts is a well-known Detroit M.D., who has practiced for 25 years. She has strongly supported Maryanne Godboldo’s decision to remove Ariana from Risperdal, prescribed by a doctor at the New Oakland Child-Adolescent Adult Family Center. Godboldo took her daughter there after she appeared to have a severe reaction to vaccinations.

“The medications Maryanne’s child was given have permanent side effects,” Dr. Betts said during a rally in Godboldo’s support April 4.  “She was getting better under the alternative medicines. This was a case of her loving her daughter too much. If it happened to her it can happen to you.”

Pharmaceutical industry makes billions

Godboldo signed a consent form, present in the court record, which stated she had the right to discontinue treatment with the drug at any time. The form, co-signed by Dr. Rajendra Kanneganti, reads, “It has been explained to me that I have the right to withdraw this consent at any time and can stop taking the medication at any time.”

Godboldo mentioned to personnel at the New Oakland Center that she had done so as agreed, after putting Ariana under the treatment of a different doctor to wean her off Risperdal. But the Center promptly reported her to Child Protective Services.

“The doctor I was working with had that consent form all along,” Godboldo said before the hearing.

Attorney Wanda Evans

In the event that Hawthorn and DHS do not move swiftly to return Ariana, Evans said, she has filed motions for the child’s “immediate release based on the constitutional violations, [and] lack of emergency constituting removal.” An evidentiary hearing on the motions is set for May 11.

At an earlier hearing, medical authorities for the state testified there was no emergency need for Ariana to be medicated with Risperdal. In March, the Michigan chapter of the American Civil Liberties Union (ACLU) filed a lawsuit in another case challenging the right of police to take a child in the absence of a medical emergency (see VOD article at  http://voiceofdetroit.net/?p=6790  ).

MaryAnne Godboldo still faces eight felony counts related to the stand-off. Court proceedings on those have been postponed until the state Supreme Court rules in another case where the defendant claimed he had a right to resist police intrusion into his home without a warrant, People v. Moreno 488 Mich. 1010 (2010).

The Justice4MaryAnne Committee is sponsoring an “all you can eat” fundraiser Thurs. April 28 from 6 to 9 p.m. in The Tournament Room at the All King’s Men Chess Store, 27170 Dequindre Road, Warren, MI  48092. All proceeds go to the Justice4Maryanne Fund. For more info, call 313-867-4841, or go to http://www.justice4maryanne.com/ .

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HEARINGS ON SCOTT FORECLOSURE BILL, FLUKER SANCTION APR. 27 AND 29

Come to a public hearing this Wednesday, April 27, 2011, 2:00 pm, 500 Griswold, 7th where the Wayne County Commission committee that is considering the Homeowner Protection and Neighborhood Preservation Act will be meeting. 

Wayne County Commissioner Martha Scott announcing introduction of Homeowner Protection & Neighborhood Preservation Act

This bill introduced by Commissioner Martha Scott would:

A. Call for investigation on the effects of the fraudulent and racist foreclosure practices of the banks and the impact on
Wayne County.

B. Urge the Sheriff to immediately implement a one year moratorium on foreclosure sheriff sales in Wayne County.

C. Ask the commission put the issue of a moratorium on foreclosures on the November 2011 ballot as an advisory question.

It is critical that we have a large turnout at the Wayne County Commission hearing on Tuesday.  The pressure of the banks is already being felt as commissioners are finding excuses not to support this resolution despite the devastating and continuing impact of foreclosures in Wayne County, and the recently released Senate report documenting the massive foreclosure fraud and the inaction of the government in dealing with this fraud.  For more information see the attached flyer or visit the People Before Banks website at http://peoplebeforebanks.org/.

Vanessa Fluker speaks at Scott press conference with Rev. Bill Wylie-Kellerman and UAW President Bob King flanking her

Support Attorney Vanessa Fluker this Friday, April 29, 2011, 9:00 am, Judge Virgil Smith’s courtroom, 7th Floor, Coleman A. Young Muncipal Center, 2 Woodward Ave., Detroit, MI 48226 where there will be a hearing on the motion to have Judge Robert Colombo disqualify himself from consideration of the appeal of the sanctions he imposed against Vanessa for fighting RBS Citizens Bank, the same bank who gave Judge Colombo a mortgage and two refinancings in a five year period. 

Funds are still needed to appeal this outrageous $12,200 sanction.  Send donations to Vanessa G. Fluker, PLLC, appeal fund, at 2920 E. Jefferson, Suite 101, Detroit, MI 48207. 

Also go to www.moratorium-mi.org.

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CHILD REMOVAL LAWS ARE UNCONSTITUTIONAL, HURT MICHIGAN FAMILIES, ACLU CHARGES IN FEDERAL LAWSUIT

 

Penny and Maryanne Godboldo after rally that condemned police seizure of Maryanne’s child

Release from the Michigan ACLU

March 24, 2011

POLICE SHOULD NOT BE ALLOWED TO REMOVE CHILDREN WITHOUT PROOF CHILD IS IN IMMEDIATE DANGER

(Ed. note: story coming on Godboldo custody hearing April 22.)

DETROIT – In an effort to protect the rights of children, the American Civil Liberties Union of Michigan filed a federal lawsuit today asking a judge to strike down a state law that allows law enforcement officials to remove children from their parents’ custody without proving that the child is in immediate danger.

The lawsuit was filed on behalf of an Ann Arbor family whose 7-year-old son was placed in foster care after his father, a University of Michigan professor, mistakenly gave him a Mike’s Hard Lemonade at a Detroit Tigers game in 2008.

“Taking a child from loving parents is a harrowing, life-changing experience for both the child and the parents,” said Michael J. Steinberg, ACLU of Michigan legal director. “However, Michigan law currently allows the government to take a child without having to prove that it’s necessary to prevent immediate danger. The law is unconstitutional, out of step with the rest of the county and must be fixed to prevent harm to other families.”

Christopher Ratte’s son was removed

On April 4 2008, Leo Ratté, then 7 years old, attended a Detroit Tigers game with his father, Christopher Ratté, a professor of classical archaeology at the University of Michigan. Before taking their seats, Christopher purchased what he thought was lemonade from a stand advertising “Mike’s Lemonade,” and not knowing that it contained alcohol, gave it to his son.

During the 9th inning, a security guard approached Christopher asking him whether he knew his son was drinking an alcoholic beverage. Christopher explained that he did not know that the lemonade contained alcohol, but the matter was turned over to the police.

While Christopher was being questioned by police, Comerica Park medical staff examined Leo and gave him a clean bill of health. Nonetheless, Leo was sent to Children’s Hospital in Detroit, where he was examined, found to have no alcohol in his blood, and cleared to go home. Instead of going home he was taken into custody by Wayne County Children’s Protective Services (CPS), a division of the state Department of Human Services.

Starletta Banks lost her three toddlers in 2000 over falsified X-rays; she still does not have them back.

CPS refused to release Leo into the custody of his mother, Claire Zimmerman, who was not at the game, or to his aunts – one of whom is a social worker and licensed foster parent. The first night, Leo slept on a couch in the CPS building with his parents waiting outside on the sidewalk. The next day, he was sent to a foster home.

On April 7, 2008, with the assistance of the University of Michigan Child Advocacy Clinic, Leo was finally released into his mother’s custody, but only after Christopher agreed to move out of the house and only have supervised contact with Leo.  Soon after, the case was dismissed and Christopher was allowed back into his home.

“This experience was traumatic for all of us,” said Claire, a professor of art history and architecture at U of M. “If the University of Michigan had not helped us, it could have taken weeks to get Leo back. It’s tremendously important for us to challenge this law so that no other family has to deal with the lasting effects of having a child unjustly removed. We tried for three years to convince the legislature to fix the law, but when the bill did not get a hearing, we had no choice but to file this case.”

Elena’s son Johnny was taken and was starved to death in foster care; see WXYZ expose at end of story

According to the lawsuit filed in U.S. District Court for the Eastern District of Michigan, the state’s standard for the emergency removal of children is unconstitutional as it does not require state officials to prove that the child is in immediate danger.

In addition, the lawsuit claims that Leo and Claire’s constitutional rights were violated when Leo was taken from her custody even though she was not present at the ballpark and had nothing to do with the Mike’s Hard Lemonade mistake. The lawsuit asks the court to strike down the Michigan law as illegal under the Fourteenth Amendment to the U.S. Constitution.

Children’s advocates have worked on a legislative fix to the Michigan emergency removal law for years. Last legislative session, SB 1533, or “Leo’s Law,” was introduced in the Senate; however, the bill died without a hearing or vote.

In addition to Steinberg, Leo, Claire and Christopher are represented by ACLU Cooperating Attorneys Abraham Singer and Adam Wolfe of the law firm Pepper Hamilton LLP and Amy Sankaran.

TO READ ENTIRE LAWSUIT, GO TO ACLU complaint on state law re police removals of children

WATCH WXYZ-TV EXPOSES OF STATE’S FINANCIAL REASONS FOR KIDNAPPING CHILDREN AT:

http://www.youtube.com/watch?v=HmMGbRt1A5A&feature=player_embedded#at=17

AND http://www.youtube.com/watch?v=gZeKJHphpQU&feature=related   

ALSO GO TO:

http://healthland.time.com/2010/10/04/study-why-child-abuse-investigations-dont-help-kids/  

To read Time article on why the nation’s Child “Protective” Services system is broken.

Also go to http://www.welfarewarriors.org/ to read about battles against CPS in Wiscosin.

 

Wisconsin’s Mother Welfare Warriors fighting child kidnapping

 

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CDC’S: A COMPELLING FORCE FOR OUR COMMUNITIES! PREPARE FOR CITY COUNCIL MEETING 4/29

 

Joyce Moore of Ad Hoc Committee for CDC's

AD HOC CDC COMMITTEE TO MEET APR. 26, 1 P.M;

WILL APPEAR AT CITY COUNCIL APR. 29 1 P.M.

From the Ad Hoc Committee for Citizens’ District Councils

2044 Taylor Detroit, MI 48206 1-313-465-3299

Below is information that was sent to you in regard to funding for Citizens’ District Councils, focused on getting into the communities to let people know what’s going within the boundaries of their CDC. 

We will be meeting in the mall on Rosa Parks at the mini-station which is located at 8675 Rosa Parks next to Blaine.  The time will be 1:00 P.M. on Tuesday, April 26th, 2011 to prepare for the presentation before City Council on April 29th at 1:00 P.M. 

 

One of many recent rallies in Lansing: there is strength in numbers!

Please forward this information to as many CDC members as possible because “THERE IS STRENGTH IN NUMBERS, LET US ORGANIZE OUR STRENGTH INTO A COMPELLING FORCE FOR OUR COMMUNITIES”.

 RSVP  AT (313)465-3299

BETWEEN 7 P.M  TO 9 P.M  –   JOYCE MOORE   

 

April 19, 2011

Dear Citizens’ District Council Members:

The Ad Hoc Committee for CDC’s is continuing efforts is to rejuvenate the CDC’s with membership, funding and training.  The attached letter was the first step to rejuvenate and re-organize the CDC’s.  Please forward this letter and attachments to as many Citizens’ District Councils and their members to let them know what is currently going on to re-organize.

City Council members at community meeting May, 2010

The second step is now dealing with the budget process.  This is the time for the FY Budget for 2011-12 that will be discussed by Detroit City Council.  We need to get together to formula our questions and presentation before the Detroit City Council.  We also need to designate our spokesperson.  If any other CDC would want to make their own presentation this would be the time. 

We want to work  “ …collaboratively with the Planning Division in order to fill all board vacant positions to ensure community participation on urban development projects within their boundaries…”.  See detailed information below as this was on the Internet.

PLANNING FOR THE FUTURE FOR FY 2011-12, FY 2012-13 AND BEYOND

  • Identify areas of measurable economical and institutional status (Detroit Works Project) to be used in our planning as an anchor to stabilize or promote economical growth of neighborhoods.
  • The Real Estate Development Division seeks to secure additional oversight of Renaissance Zone Extension Abatements (PA 376) through its Project Management Unit.
  • Develop a Project Management Tracking System in DPI to measure, monitor, report, and improve overall project completion timeline.
  • Aggressively help the (Citizens District Councils) CDC’s and work collaboratively with the Planning Division in order to fill all vacant board positions to ensure community participation on urban development projects within their boundaries, in turn to ‘close out’ and complete development in the targeted Urban Renewal Areas, some dating back to 30 years.

The City Council will be meeting on April 29 2011 at 1:00 P.M. to discuss the Planning and Development Budget. We need to be in attendance and prepared.  Feel free to contactJoyce Moore 1-313–465-3299 immediately as there is an urgency in planning.  Again,  please forward to as many Citizens’ District Councils and their members as possible.

Sincerely,

Joyce Moore, Gerald V. Dajnowicz and Alvita Jackson

AD HOC COMMITTEE FOR CITIZENS’ DISTRICT COUNCILS 

April 15, 2011

Planning and Development

Attention: Robert Anderson, Director

65 Cadillac Square, Suite 2300

Detroit, MI 48226

224-2570

Dear Mr. Anderson:

We are members of Citizens’ District Councils and this letter is being sent in an effort to obtain training for Citizens’ District Council (CDC) members that are newly elected from the Tuesday, April 4, 2011 election as well as those members that have been elected in the past.  The objective of a one day training seminar is to acquaint Citizens’ District Council members with the laws that governor their body and the roles of a CDC in the development of their district.  It is important to have such a training seminar take place in May because of the responsibility of each newly elected member to its CDC.

In addition, this training seminar at one time was part of an administrative fund of $500,000 through Block Grants which was to provide administrative services to each CDC whether funded or not.  These services included such items as training for CDC members, mailings to inform residents in the district of each CDC meeting and provided a newsletter to keep the communities and each district apprized as to what was happening in their community through various funding programs.  Therefore in addition to the seminar we are requesting an account of all funds expended on the CDC’s and the Coordinating Council on Redevelopment for the past fiscal year.

Your immediate response would be greatly appreciated within ten (10) days of this letter so that we can plan to have an informative seminar in May and continue to serve our communities.

Sincerely,

Joyce Moore, Gerald V. Dajnowicz and Alvita Jackson

AD HOC COMMITTEE FOR CITIZENS’ DISTRICT COUNCILS  

April 15, 2011

State Rep. Fred Durhal, Jr.

 Representative Fred Durhal Jr.

P. O. Box 30014

Lansing, MI 48909-7514

1-517-373-0844

Dear Honorable Representative Durhal:

The attached letter is being sent to you as we need your assistance in obtaining information pertaining to Block Grant monies allocated to Citizens’ District Councils as well as the Coordinating Council on Community Redevelopment.  Our objective is to ensure that these funds were, and are appropriated in the manner in which they were intended for the past fiscal years and present fiscal year.

Your immediate response would be greatly appreciated within ten (10) days of this letter as the new budget for 2012 is in progress.  If you should have any concerns, please feel free to contact Joyce Moore at 1-313-465-3299.   

Sincerely,

Joyce Moore, Gerald V. Dajnowicz and Alvita Jackson

AD HOC COMMITTEE FOR CITIZENS’ DISTRICT COUNCILS 

To the CDC Reader – 4/22/11:  There was a list of other legislators that this was mailed to as well as the Regional Office and Washington Office of HUD.

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NO REASON TO MARCH WITH MR. BING!

 By Joyce Moore

Rick Snyder and Dave Bing, "joined at the hip."

 

Resident of the City of Detroit

April 19, 2011

Mr. Bing has an advertisement on television indicating that he wants Detroiters to march with him on May 1, 2011.  Will he stock Hart Plaza with his appointees and their family members, suburbanites, hired volunteers all to say that Detroiters are following him?

We don’t want to march with you Mr. Bing, as we want our money from HUD that is due us for our utilities, rent, job training programs and to develop business opportunities.

DPS students march on MLK Day 2011: What would Dr. King do?

We don’t want to march with you Mr. Bing, as we want our public school system to function in the best manner to educate our children and get rid of charter schools.

We don’t want to march with you Mr. Bing, as we don’t want our schools to become a prison, correctional setting as oppose to an educational institution.

We don’t want to march with you Mr. Bing, as we want our public transportation system to become a better bus system and start the railway system at Woodward and 8 Mile to extend North to the suburbs. 

Belle Isle back in the day

We don’t want to march with you Mr. Bing, as we want back our Detroit Zoo, Belle Isle Aquarium, Belle Isle Zoo and Garden.

We don’t want to march with you Mr. Bing, as we want your public support to the state not to end public assistance for single moms after 48 months in a city with No jobs.. No jobs.. No jobs!

We don’t want to march with you Mr. Bing, as we don’t need a financial manager, we need you to work with city council in adopting a budget that will benefit the citizens of Detroit.

Lansing rally April 13: STOP PRIVATIZATION!

We don’t want to march with you Mr. Bing, as we don’t need to continue to privatize city services allowing contractors to bid low and then with you and the support of city council approving $100.000.00 change orders being “City Funded” which is using our monies.

We don’t want to march with you Mr. Bing, as public workers need to know that their pension is secure.

We don’t want to march with you Mr. Bing, as we don’t want to sell any part of our water system without a vote of the people as indicated in our Charter.

Lansing Public Power and Light services residences too

We don’t want to march with you Mr. Bing, as we want our Public Lighting Department to be restored to provide enough electricity to the residents and businesses of our city.

We don’t want to march with you Mr. Bing, as we want EMS to take less than 30 minutes to get to emergency sites by increasing their budget.

We don’t want to march with you Mr. Bing, as we want to keep open our community centers for our young folk and elders, such as a center that helped make you one of the most famous basket players in the country.

 We don’t want to march with you Mr. Bing, as we want to keep open our libraries for our residents and especially the young folk in our communities.

Cobo Hall

We don’t want to march with you Mr. Bing, as we want back COBO Hall from the authority as that money is our money for the City of Detroit.

We don’t want to march with you Mr. Bing, as we want city jobs to provide a service to the people such as our Department of Works and to add to your 2012 budget enough money for them to have a broom and dust pan to pick up garbage that they spill in the streets to help keep our city clean.

We don’t want to march with you Mr. Bing, as we don’t want a City within a City with boundaries from downtown to the Boulevard.

Dave Bing and L. Brooks Patterson

And

We don’t want to march with you Mr. Bing, as we want you to protect our city from poachers and not continue to give away our valuable assets that is revenue for the city, which means avoid Brooks L. Patterson.

No, Mr. Bing it is not about marching, it is about “you” doing the job for the people as opposed to looking out for private, corporate interests.

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ACLU ARGUES AGAINST MICHIGAN’S NO-PAROLE LAW

Hill 1t 47, sentenced to die in prison
Henry Hill Jr. at 17, 30 years ago

 Future of juveniles sentenced to die in prison at stake

 
 
By Corey Williams, Associated Press
 
April 22, 2011  

A federal judge said Thursday he expected to rule in two to three weeks on the American Civil Liberties Union’s challenge to a Michigan law that bars parole for juveniles convicted of certain murders.

Judge John Corbett O’Meara heard arguments from lawyers for the ACLU and the state, which is defending the law, at an hour-long hearing in Ann Arbor on Thursday afternoon.

Eight men and one woman sentenced to life in prison for crimes committed when they were minors are being represented by the ACLU, whose lawyer, Deborah LaBelle, told O’Meara the law violates the constitutional ban on cruel and unusual punishment. One of the inmates is Henry Hill Jr., who was sentenced in the 1980 slaying of a man in Saginaw. Hill was 16 at the time.

Assistant attorney general Margaret Nelson argued the plaintiffs waited too long to bring a challenge or should have raised the issues during earlier appeals.

LaBelle said the ACLU simply wants the Michigan Parole Board to be given the opportunity to consider release for minors who were sent away for life.

“(Even) if we’re completely successful, every single one of them (still) could spend their lives in prison,” she said.

LaBelle told O’Meara that the ACLU is looking for some kind of order that would allow the parole board to consider their cases.

U.S. District Court Judge John Corbett O'Meara

“The matter is under advisement,” O’Meara said. “I will try to put something down as an opinion and order in two to three weeks.”

The lawsuit was filed in November against the governor, state corrections department and parole board chair as part of the ACLU’s Juvenile Life Without Parole Initiative.

The U.S. Supreme Court ruled in 2005 that sentencing juveniles to death is unconstitutional. The ACLU and other advocates have since fought for the re-examining of life sentences given to youth convicted of homicide and other major crimes.

A 2005 study by Human Rights Watch and Amnesty International showed Michigan had the second-highest rate of imposing life sentences without parole on juveniles.

LaBelle said 351 inmates in Michigan prisons are serving life sentences without parole for crimes committed in their youth.

Juries convicted Hill and two of his cousins of first-degree murder in the 1980 shooting death of 21-year-old Anthony Thomas in a city park. Each was sentenced to life without parole.

Testimony showed that one of Hill’s cousins pulled the trigger.

Hill is the oldest of the plaintiffs in the suit at age 47.

“He made a stupid decision to go with a group of kids to a park with a gun,” LaBelle told reporters after the hearing. “He got scared and ran out of the park before the homicide was committed by someone else.”

In addition to Hill, the ACLU is representing Damion Todd, 42; Jemal Tipton, 42, Bobby Hines, 37; Bosie Smith, 35; Jennifer Pruitt, 35; Kevin Boyd, 33; Mathew Bentley, 28; and Keith Maxey, 20.

Four of the nine inmates represented by the ACLU in its lawsuit did actually kill someone in their criminal cases.

(VOD ed: A FIRST STEP: The U.S. Supreme Court ruled in October, 2009, in the case of Terrence Graham v. Florida, “The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity toobtain release before the end of that term. The judgment of the First District Court of Appeal of Florida is reversed, and the case is remanded for further proceedings notinconsistent with this opinion.”)  


Attorney Deborah LaBelle: “We Owe Juvenile Offenders a Second Chance” 

LawyersandSettlements.com

By BrendaC   February 9th, 2011

 

Atty. Deborah LaBelle

 

“There is no discretion. You take a 14 year old and they are automatically treated as an adult.”

Clearly injustice moves attorney Deborah LaBelle somewhere down deep. Since she graduated from Wayne State law school in 1979, she has waded into some dark waters, investing hundreds of pro bono hours, simply because she believes she’s doing the right thing.  In 2008, after a 14 year battle, she and a group of other lawyers won a multi-million dollar verdict and landmark case on behalf of women who had been abused in Michigan prisons.

Labelle now has set her sight on getting a second chance for the thousands of juvenile offenders who languish in American prisons convicted of murder or felony murder committed prior to their 18th birthday.  “It is just mandatory,” says LaBelle, whose gentle voice belies the tiger within. “There is no discretion. You take a 14 year old and they are automatically treated as an adult. It is pretty stunning.”

Stunning indeed it is. The United States is the only country in the world where juveniles charged and convicted of murder (even if they were not principally responsible for the murder) are automatically given life with no chance of parole. There are 307 ‘juvenile lifers’ now in Michigan prisons ranging in age from 14 to 65.

One man, now in his sixties, who LaBelle knows well, went to prison when he was 15 for murdering his abusive stepfather.

“He is not the boy he was,” says LaBelle. “He told me once he sometimes sees that boy in his mind’s eye and he just wants to shake him and say ‘why don’t you just leave, just go’.”

But that’s not what happened and he now has spent more than 50 years languishing in prison. “He was just filled with rage and anger and everything seemed hopeless,” says LaBelle. “Kids just don’t have experience or the ability to chart things out very well.”

“The heart of this issue is sentencing people who commit their crimes when they are 14, 15 or 16 years old to the harshest sentence you can give to anyone, which is life without parole,” says LaBelle. “We believe this is cruel and unusual punishment.“

LaBelle has filed a complaint for declaratory and injunctive relief in the state of Michigan on behalf of 9 class representatives. All are juvenile lifers currently being held with no chance of parole for the rest of their lives in Michigan prisons.

This is the first civil rights suit of its kind in the United States and aimed at what she describes as a simple goal. “We are just asking that the parole board just take a look at them. Have they matured, was this a youthful impetuous crime, did it involve peer pressure, or was it one of those stupid horrible things that youths sometimes do in a moment. Have they matured and should they come home at some point?” asks LaBelle.

A recent report authored by LaBelle and others was funded by the American Civil Liberties Union (ACLU) and other donors. And also, when LaBelle has received attorney fees for cases she was involved in, much of it goes right back into funding other lawsuits aimed at righting systemic wrongs.

What kind of a lawyer does so much for so little?

“Well, I just like the work,” says LaBelle.

Deborah LaBelle is a graduate of Wayne State Law School. She mentors undergraduate and graduate students and has supervised at least six interns a year for the past ten years. Her practice, the Law Offices of Deborah LaBelle is located in Ann Arbor, Michigan.

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BENTON HARBOR TAKEOVER SPARKS FURIOUS REACTION; EM IS JOE HARRIS, FORMER DETROIT AUDITOR GENERAL

Rev. Edward Pinkney leads crowd chanting against opening of Whirlpool golf course in public Jean Klock Park Aug. 2010 Photo by Daymon Hartley

Opponents mobilize protests, repeal campaign against EM PA 4; rally set for Wed. April 27 12 noon at Cornerstone Chamber of Commerce. 

Benton Harbor situation featured on Rachel Maddow show (see end of story)

By Eartha Jane Melzer | 04.20.11 | 8:01 am

MICHIGAN MESSENGER

The impoverished former industrial town of Benton Harbor has become a flashpoint in the controversy over the new law that allows the governor to appoint Emergency Managers with virtually unlimited authority over local governments.

Benton Harbor Emergency Financial Manager Joe Harris speaks during a town hall meeting Thursday in Benton Harbor.

On Thursday the state-appointed Emergency Manager Joe Harris used the expanded powers granted by the new law to issue an order banning the city commission from taking any action without his written permission.

Benton Harbor City Commissioner Juanita Henry says her constituents are angry and looking for help, but without the power to hold meetings the city commission can’t even provide an official venue for citizens to ask questions and get answers.

“They are using Benton Harbor as a test case,“ Henry said. “If they have disenfranchised the people so badly they just don’t respond to anything, they can do this all over the country.”

Benton Harbor City Commissioner Juanita Henry

Rev. Edward Pinkney was jailed in violation of First Amendment free speech rights

Community activist Rev. Edward Pinkney said that many Benton Harbor residents only learned that their city government had been sacked by reading about it in the paper days later.

Though home to the corporate headquarters of appliance giant Whirlpool, the city lost its last manufacturing plant this year, almost half the population lives below the poverty line and the public lakefront has been privatized as part of a luxury golf development backed by the Whirlpool corporation.
(An appeal of the conversion of the city park is underway in federal court.)

Gov. Jennifer Granholm approved a state takeover of Benton Harbor’s finances last year after the city needed help meeting payroll.

Protest against eliminating Benton Harbor Fire Dept. Sept. 2010/Photo Benton Spirit

Relations have been strained between the elected officials and the Emergency Manager Harris. In January the city commission tried to oust him after criticizing his expenses and his plans to cut the fire department. (Go to http://bentonspiritnews.com/bh-city-commission-protests-budget-cuts-p3633-1.htm to read about Harris’ cuts.)

“People should be paying attention to what is happening here because Benton Harbor is GROUND ZERO for the future of what is to become of our state under Governor Rick Snyder,“ said Carole Drake, who fought the privatization of Jean Klock Park in state court.

Locals in Benton Harbor said they will work to repeal their state Rep. Al Pscholka, who sponsored the bill, as well as State Sen. John Proos and Gov. Rick Snyder who also approved it.

A group called Heartland Revolution is planning to rally at the Cornerstone Chamber of Commerce at  38 West Wall Street and march to City Hall on Wednesday, April 27th [at 12 noon] to protest the takeover of the city.

Map 38 W. Wall St. Benton Harbor

The total suspension of power for local officials has brought Benton Harbor’s situation into focus for other Michigan communities, where people now worry that growing budget problems could mean that they will face similar loss of assets and control.

“I have been in touch with people all over the state via e-mail, face to face and Facebook … this is a hot topic all over the place and our community FB page A Referendum to Reject PA 4 has quickly quadrupled in size in just the last 24 hours as we have reposted the link with our different contacts,“ said Traverse City activist Betsy Coffia. “I think Benton Harbor really shook some folks up.”

Coffia said that repeal advocates are talking with legal experts about how to draft official language for a petition.

According to information from the Secretary of State website, in order to have a referendum on a newly enacted law petitioners must gather signatures from 161,305 people — five percent of the number that voted in the last gubernatorial election.

The signatures must be submitted within 90 days of the end of the legislative session in which the bill was passed. If the group manages to gather enough certified signatures, the Emergency Manager law would be automatically suspended until a repeal vote can be held on the next general election date.

Detroit to Benton Harbor (driving directions below)

“Education is key as the groundwork is laid for an organized referendum to repeal,” Coffia said. “This motivates me to educate as many people as I can so that we will be fully prepared to sign our name as registered voters repealing this law.”

(VOD Ed.: As AFSCME Intl. Rep. Herbert Sanders told the April 13 rally in Lansing: if such measures do not work, “WE WILL SHUT THE STATE DOWN!!)

Directions Distance Time
Start: Depart Start on W Lafayette Blvd (West) 0.5 0:01
1: Bear RIGHT (West) onto John C Lodge Fwy 0.1 0:01
2: Take Ramp (LEFT) onto M-10 [John C Lodge Fwy] (M-10) 0.3 < 1min
3: At exit 2A, keep RIGHT onto Ramp (I-75 / Toledo / Flint) 0.1 < 1min
4: Keep LEFT to stay on Ramp (I-75 / Toledo) 1.2 0:02
5: Take Ramp (RIGHT) onto I-96 [Jeffries Fwy] (I-96 / Lansing) 19.8 0:17
6: Road name changes to M-14 (M-14 / Ann Arbor) 15.5 0:13
7: Merge onto US-23 [M-14] 1.9 0:02
8: At exit 45, keep LEFT onto Ramp (M-14 / Ann Arbor) 0.5 0:01
9: Road name changes to US-23 Bus [M-14] 1.1 0:01
10: At exit 3, road name changes to M-14 3.0 0:03
11: Take Ramp onto I-94 (I-94) 138 1:58
12: Construction near Jackson (WB) (August 13, 2010 – April 15, 2011) < 0.1 < 1min
13: Interchange closed in Portage (WB) (November 1, 2010 – July 31, 2011) < 0.1 < 1min
14: At exit 33, take Ramp (RIGHT) onto I-94 Bus (I-94-Br / Downtown / Benton Harbor / St Joseph) 3.6 0:05
End: Arrive End < 0.1 < 1min
Total Route 186 mi
2 hrs  42 mins

 

 

Maddow: Mich. Gov. Snyder using new ‘Emergency Financial Managers’ law to assist corporate land grab from the poor

Rachel Maddow

By Roxanne Cooper

Rev. Edward Pinkney leads protest against Whirlpool in Benton Harbor

Benton Harbor, MI is 10,235 population town. 85.5% of the residents are African-American. The per capita income is among the lowest in the state: $10,235.

Michigan Governor Rick Snyder recently castrated the city government of the struggling town, using his controversial “Emergency Financial Managers” law. The law, as Raw Story previously reported, allows Snyder to “take over municipalities that don’t pass a financial stress test.”

Protest in Benton Harbor

On Tuesday night, MSNBC’s Rachel Maddow made the case that Snyder, Whirlpool (global headquarters in Benton Harbor), Harbor Shores (a developer) and assorted political cronies are using the newly enacted law to grab prime beachfront property deeded to the city’s residents in 1917 in order to develop it into a Jack Nicklaus-designed golf course and luxury “signature” homes.

Watch this segment, which aired on MSNBC’s Rachel Maddow Show on April 19, 2011, by clicking on

http://www.rawstory.com/rawreplay/2011/04/maddow-mich-gov-snyder-using-new-emergency-financial-managers-law-to-assist-corporate-land-grab-from-the-poor/

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PETITION TO RECALL RICK SNYDER SUBMITTED

Up to 10,000 turned out for Lansing rally April 13; RECALL SNYDER among the demands: R

 

CLARITY HEARING SCHEDULED

 

Members of Michigan Citizens United, a Political Action Committee formed out of concern for Governor Snyder’s dictatorial approach to addressing budget woes in Michigan, will submit a petition for the recall of Governor Rick Snyder to the Washtenaw County Clerk on Patriots’ Day, Monday, April 18, 2011 at 10:30 a.m. The petition will be reviewed by the Washtenaw County Election Commission for the clarity of the language. Once approved, the committee plans to begin gathering signatures on May 8, 2011.

Snyder and Detroit Mayor Dave Bing yucking it up at basketball game

Michigan Citizens United is a grassroots effort of concerned citizens from across the Upper and Lower Peninsulas of Michigan. MCU members believe that Snyder’s early performance proves he is not qualified to lead Michigan. Some of the offending actions include:

  • The Emergency Financial Manager Bill (officially known as the Local Government And School District Fiscal Accountability Act, Act 4 of 2011), which was signed into law by Governor Snyder on March 16, 2011. New provisions give the governor sweeping and unilateral authority to declare a “financial emergency” in towns or school districts and appoint an emergency financial manager (EFM). The EFM is given broad new powers to nullify contracts; dismiss elected and appointed officials, committees, boards, and authorities; eliminate or redistrict entire cities or schools; take and sell public and private land; hire private security forces; and eliminate services.

 

  • Lansing April 13

    The Proposed 2011-12 budget which gives a $1.8 billion dollar tax break to corporations and raises taxes by up $1.7 billion on retired people and working poor, without addressing the budget deficit. It takes money from the K-12 educational fund and reduces per-pupil funding levels to local districts; reduces funding to universities and colleges. It reduces essential services for the sick, the poor, and the elderly, and slashes funding for local governments.

 

  • The cuts to local governments and schools, in turn, threaten the financial solvency of those entities, making more of them targets for hostile takeover by the state.

 

  • While Governor Snyder talks about shared sacrifice, it appears the sacrifice is shared by the lower 98% of income-earning citizens of Michigan, while the upper 2% and corporations reap new benefits.

 

The 1.1 million signatures the group plans to gather will be submitted to the Michigan Department of State on or before the August 5, 2011 deadline to appear on the November ballot.

Recall information is available at www.firericksnyder.org or on Facebook search for “Recall Governor Rick Snyder” – it is also available on twitter at http://www.twitter.com/firericksnyder .

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US AIRCRAFT STILL BOMBING LIBYA

 

U.S. still bombing Libya; money for jobs, homes, schools not war!

France calls for more NATO action

 

 

 

 

 

 

 

 

 

GRANMA INTERNATIONAL
Havana. April 14, 2011

WASHINGTON, April 13.—U.S. air force planes are still bombing targets in Libya despite having transferred the command of operations to NATO, the Pentagon admitted today, ANSA reports.

The imperial powers are calling for an accelerated rate and intensity of attacks..

Col. David Lapan, DOD spokesman

Colonel David Lapan, spokesperson for the Department of Defense, confirmed that U.S. aircraft attacked antiaircraft defense positions of troops loyal to Muammar al Gaddafi.

Lapan’s statement coincided with increasing reports of divisions within NATO, where many commands are insisting that the balance cannot be loaded in favor of the rebels without a greater contribution from U.S. forces.

From Brussels, AFP reported that this Thursday in Berlin, France is to ask its Atlantic Alliance partners to strike land targets in Libya more swiftly, as well as for more aircraft to counter troops loyal to Gaddafi, according to diplomatic sources.

French planes bombing Benghazi

“Just six of the 28 allies are involved in bombing land targets and two are carrying 50% of the campaign against 50%,” they stated.

Military sources have noted that France, with 29 bombers and Britain, with 10, are undertaking half of the work, supported by Belgium, Canada, Denmark and Norway.

Muammar al-Gaddafi on Libyan TV

Meanwhile, EFE reports that NATO fighter planes have bombed Sirte, Colonel Gaddafi’s birthplace, and Misrata, the country’s third most important city, as stated by Libyan state television, which confirmed that in the latter city, Tripoli Avenue, one of the city’s main arteries, was hit by the allied aviation, causing the death of many people using it.

An engineer working at communication company in Sirte city informed that three stations of centimeters communication were attacked by the crusader colonial aggression on Monday morning. The three stations which provide services of communications to the citizens and other companies of utilities such as hospitals, emergency medical services, fire departments, first aid departments and gas systems.

” it is clear by targeting such vital location, they- NATO and alliances forces- present a new proof of targeting civil locations”, the engineer added.

From Libyan State TV at http://en.ljbc.net/home.php#

(There were reports that the Libyan site had been hijacked but it can still be accessed through the link above.)

In Doha, the Qatari capital, it was announced that International Libya Contact Group delegates have agreed to set up a temporary fund to finance the rebels, and have demanded more military and political pressure on Gaddafi.

Moussa Ibrahim, Libyan government spokesman

A communiqué issued at the end of the first meeting of this group, comprising 40 countries and international organizations, expressed tacit support for the self-proclaimed rebel National Transition Council in its attempt to force the Libyan leader to leave the country.

Moussa Ibrahim, spokesperson for the Libyan government, dismissed the authority of the Doha meeting and from Tripoli, defined the attempt to overthrow Gaddafi as imperialist thinking, as well as branding Qatar an “oil corporation.”

SITUATION IN YEMEN AND EGYPT

From Sana, Yemen, ANSA reported that five people died in clashes between opposing groups: two in the capital, two in Aden (south) and one in Yafie, in the southern province of Lahej.

Meanwhile, EFE noted from Cairo that t former Egyptian president Hosni Mubarak was arrested while remaining hospitalized in an “unstable condition” in the coastal resort of Sharm el-Sheikh, while his sons Alaa and Gamal are in a capital prison.

Translated by Granma International

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