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

Killer cop Michael Slager stands over the body of unarmed father Walter Scott, 50, after traffic stop for defective tail-light April 4, 2015.

By Danette L Chavis – National Action Against Police Murder!!

Dec 8, 2017 — Ex-police officer Michael Slager was sentenced to 20 years in prison, plus two years of supervision after his release, by U.S. District Judge David Norton. The sentence comes two years after the fatal shooting of Walter Scott, who was running away from police after being stopped for a broken tail light. The officer had claimed that Mr. Scott had taken control of his taser and that he “feared for his life”. But the video which recorded the shooting shows Mr. Scott running away from police and being fired upon, striking him 5 times including 3 in the back. The officer then handcuffs him as he lay there bleeding.

The officer who had been trained against the use of lethal force, not only murdered the father of four as he was running away from him, but lied accusing the victim of taking control of his taser and “fearing for his life”. Then he stood before the judge and the victim’s family in court and claimed that he wished that he could “go back in time and change the events” calling it “a very tragic situation” – not an outright murder he himself committed! He claimed to be “taking responsibility for the actions of April 4th 2015” without claiming he himself caused it, or admitting that lies that were told in an attempt to justify those actions after they had been taken. But all the same expects some leniency for the “guilty” plea he’s entered into court.

Michael Slager; Walter Scott

The truth is, his pleading “guilty” to violating Walter Scotts civil rights, was agreed to in exchange for state prosecutors “dropping their case” against him after the murder trial ended in a hung jury – for which if he was convicted could result in 30 years in prison.

So he pleads guilty at the federal level regarding a civil rights violation and receives 20 years instead. The family of Walter Scott calls it justice and say that history has been made concerning it. I see a “repeated” history, one of cops murdering the unarmed, lying about it, and a system that aids them in avoiding the penalty rightfully owed!

Sign Petition to U.S. Justice Department now! 

Click on: https://www.change.org/p/national-action-against-police-brutality-and-murder

KILLER COPS RARELY CONVICTED WHILE LIFE SENTENCES SKYROCKET FOR OTHERS

The number of people serving life in U.S. prisons at an all-time high

Two-thirds are people of color; 12,000 are juvenile lifers

From Sentencing Times, a publication of the Sentencing Project

Fall, 2017

As outlined in our report May 3, 2017, “Still Life: America’s Increasing Use of Life and Long-Term Sentences,”  206,000 people were serving life with parole, life without parole, or “virtual life” sentences of 50 years or more in 2016—one of every seven people in prison. Two-thirds of these serving life are people of color. 

For full report, see http://www.sentencingproject.org/publications/still-life-americas-increasing-use-life-long-term-sentences/

The number of people serving life is nearly five times the figure in 1984 despite evidence that continuing to incarcerate those who have “aged out” of their crime-prone years is ineffective in promoting public safety. The expansion is an outgrowth of “get tough” crime policies that characterized sentencing policy in the 1980’s and 1990’s.

Along with the spread of mandatory sentencing, Report author Ashley Nellis found that while the majority of people serving life sentences were convicted of murder, the punishment is not reserved for the “worst of the worst.” Over 17,000 people convicted of non-violent offenses are serving life or virtual life sentences, and 12,000 people were under 18 at the time of their crime, when they were still maturing into adulthood.

These figures come at a moment when calls to end mass incarceration abound throughout the nation. Yet the increasing use of life imprisonment suggests that substantial reductions in incarceration will be limited unless policymakers address the punishments at the deep end of the system for crimes that include violence, along with the more politically palatable offenses involving drugs.

In a second report, “Delaying a Second Chance: the Declining Prospects for Parole on Life Sentences,” research analyst Nazgol Ghandnoosh reveals just how elusive parole has become for eligible lifers. Based on a national survey with responses from 31 states and the federal government, this analysis found a variety of policy choices and practices that have caused paroled lifers to serve much longer prison sentences than their counterparts in the past.

(Full report at http://www.sentencingproject.org/publications/delaying-second-chance-declining-prospects-parole-life-sentences/.)

Life in prison means death in prison.

Specifically, in eight jurisdictions for which data are available since the 1980’s, average time served by lifers with murder convictions doubled from 11.6 years for those paroled in the 1980’s to 23.2 years for those paroled between 2000 and 2013.

In a supplemental document, Grandnoosh reports on how these patterns are echoed in other states, and identifies specific policy changes that have contributed to the increase in time served.

“Delaying a Second Chance” identifies factors producing longer prison terms for parole-eligible lifers:

• Gubernatorial authority: Governors in some states have appointed parole board members committed to reducing parole grants and limiting parole boards’ decision-making authority.
• Parole board procedures: Most states afford only limited rights to incarcerated individuals during parole hearings.

Elderly, infirm Michigan prisoners

The Sentencing Project’s research on life sentences concludes that unnecessarily long prison terms are costly and impede public investments in effective crime prevention, drug treatment, and other rehabilitative programs that produce healthier and safer communities.

The Sentencing Project’s research on life sentences concludes that unnecessarily long prison terms are costly and impede public investments in effective crime prevention, drug treatment, and other rehabilitative programs that produce healthier and safer communities.

Prisoners in Lakeland Correctional Facility yard. Charles Lewis has spent 41 years since the age of 17 in this and other Michigan prisons for a crime he did not commit.

Why are Charles Lewis and 246 other juvenile lifers being held for re-sentencing to life without parole, violating U.S. Supreme Court ruling?

Pros. Kym Worthy recommended that Gregory Darren Greene, killer of his four children/stepchildren, and previous wife, serve 45-100 years

BY CHARLES LEWIS

November 30, 2017

Charles Lewis today, 58

Charles Lewis at 17

In June of 2012 the United States Supreme Court in Miller v Alabama ruled that life without the possibility of parole for those under eighteen was cruel and unusual punishment and unconstitutional.

On October 17, 2012, Third Judicial Circuit Court Judge Edward Ewell Jr. ruled in People v Charles Lewis that Miller should be applied retroactively. Wayne County Prosecutor, Kym Worthy, waited six months then filed an out of time interlocutory appeal in the Michigan Court of Appeals to block my resentencing. We appealed all the way to the United States Supreme Court and won.

In Lewis v Michigan the US Supreme Court reversed the Michigan Supreme Court. The Michigan Supreme Court reversed the decision of the Michigan Court of Appeals and remanded my case to the trial court for resentencing.

On remand to the trial court my case was mysteriously reassigned to Judge Qiana Denise Lillard. Judge Lillard wasn’t born when I got arrested August 1, 1976. No reason was given for taking the case off of Judge Edward Ewell Jr.’s docket and placing the case on Judge Qiana Denise Lillard’s docket.

Wayne Co. Circuit Court Judge Edward Ewell, Jr.

Judge Qiana Lillard at party/Lillard Facebook 

It should be noted that Judge Edward Ewell Jr was the first Judge in the country to acknowledge and comply with Miller v Alabama.

On October 17, 2012 when Judge Edward Ewell Jr, granted my motion for resentencing Judge Qiana Denise Lillard was an assistant Wayne County Prosecutor. How does a criminal case get reassigned to an ex-prosecutor turned Judge? If you find the answer to that mystery let me know.

Judge Qiana Lillard’s reassignment to my case was a direct violation of MCR 2.003. Can a judge that worked as a prosecutor while your case was being prosecuted be fair and impartial? That is like asking can a fox guard a chicken coop? Kym Worthy requested life without parole for me, Charles Lewis. I’m presently fifty eight years old and I’ve been locked up forty one years. Her reasons for asking for life without parole are unclear. Kym Worthy has never said exactly why she has recommended life without parole for me.

However, Kym Worthy recommended 45 to 100 years for Gregory Darren Green. Gregory Darren Green is currently serving 45 to 100 years for the brutal murder of four children. Gregory Darren Green tied up two small children and gassed them to death. Then he tied up two teenagers and tortured their mother in front of them. He then shot them to death in front of their mother.

Pros. Kym Worthy

Gregory Darren Greene

I forgot to mention that Gregory Darren Green as an adult killed his first wife and went to prison. He committed his last four murders after he was released from prison. Kym Worthy recommended 45 to 100 years for Gregory Darren Green’s fifth murder as an adult.

Here is the contrast between Charles Lewis and Gregory Darren Green.

Forty one years ago I was charged and convicted of committing a murder during an attempted robbery. Fifteen year old Jeffrey Mulligan, sixteen year old Mark Kennedy and sixteen year old Ronald Pettway were all granted immunity from prosecution to testify against me. The three juveniles testified that I shot and killed an off duty police officer during an attempted robbery because I thought that he was reaching for a gun.

Chadney Allen, 19, and Kara Allen, 17, and Koi Green, 5, and sister Kaleigh Green, 4, killed by Gregory Green/Family photos

The slain off duty police officer’s partner testified that he was talking to his partner when he was shot and killed by Leslie Nathaniel. Also, five college students testified that they witnessed the fatal shot that killed the deceased come from Leslie Nathaniel’s white Mark IV.

I recently had a bond hearing. At the hearing Assistant Wayne County Prosecutor Thomas Dawson said that I didn’t show any remorse for what I did. I silently wondered to myself if he had any idea why I was locked up. Kym Worthy has recommended life without parole for me because I filed a motion for a sentence that complies with Miller.

In contrast Gregory Darren Green was offered less time for his fifth murder than Kym Worthy offered me, a juvenile lifer. Today two Black women stand between me and freedom, Qiana Denise Lillard and her suspected aunt/ex boss, Kym Worthy stand between me and freedom.

Wayne County juvenile lifers; Worthy has recommended LWOP for that 67 of them.

Shawn T. Blanchard speaks at Think Tank Bookclub and Workshop

Author of ‘How ‘Bout That for a Crack Baby: Keys to Mentoring and Success’

Cortez Davis El

BY CORTEZ DAVIS EL
VOD Staff Writer

November 28, 2017

Reform for the incarcerated comes from two unlikely sources, prisoners Jose Burgos and Doug Little, while Michigan is still debating what reform will look like in the days, months, and years to come. Those that need reform to take shape are held in limbo due to a power struggle among the so called elite on capitol hill. Everyone claims to have the answer to the problems, but nothing is getting done because there are a lot of big I’s and little U’s. Everyone wants to be in charge and no one wants to follow, so nothing gets done. However, that’s where Doug and Jose come into action.

Doug Little and Jose Burgos co-founded The Think Tank Bookclub and Workshop. This program is designed to promote reading and critical thinking among those that will one day return to society. The men mentor one another as a representation of positive reinforcement which is something that all people need in their lives. While the program is fairly new to the Thumb Correctional Facility, it has already gained the attention of an author of one of the books explored in the program.

Jose Burgos

Doug Little

Doug Little introduced the book “HOW ‘BOUT THAT FOR A “CRACK BABY “ by Shawn T. Blanchard to the group of men involved in the program. The book was an eye opener for many as it showcased the struggles of someone that ultimately turned his obstacles into opportunity that led to success. All that read the book were able to see themselves in it and take from the life of the author a new found outlook moving forward.

To have Shawn T. Blanchard, author, business man, mentor, community leader, and a rising star in the political arena take the time to share his life with the public is humbling to say the least. However, much more than that was done for the men at the Thumb Correctional Facility. The founders of the Think Tank Bookclub and Workshop, led by Doug Little reached out to the rising star Shawn T. Blanchard and invited him to come speak to the entire prison population. Setting himself apart from the norms of public life, Mr. Blanchard accepted the invitation and touched the lives of all that attended the event.

The goals are always to spark an interest in education and self improvement. With the help of all involved the goals were met with the added bonus of raising the self esteem of those that suffer from mental slavery and a lack of self acceptance. A big thank you is due to Doug Little and Jose Burgos for creating the learning and growing environment and to the great Shawn T. Blanchard for being the face of what life can be for those that are willing to sacrifice the street life for hard work and true respect.

While many prisoners are waiting on a miracle from Lansing and prison officials, men like Doug and Jose know that miracles from career politicians may not ever come. It is the prisoners themselves that are returning to the communities and therefore it is their responsibility to champion the transformation that is needed to be successful upon release. Reform at the Thumb Correctional Facility is being pushed by prisoners for prisoners and Doug Little, Jose Burgos and many others are at the forefront of making a difference for the good of society and humanity as a whole.

Each one teach one is the mindset of the men that want to close the revolving doors to prison and with the help of leaders like Doug Little, Jose Burgos, Shawn T. Blanchard and many others that have survived the struggles of horrible lives, people in prison can restore the concept of rehabilitation and use their time to better themselves and their environment. We will not wait for help to come because we are who we are waiting on. Doug Little, Jose Burgos and many others are perfect examples of what the system can do when the people in it want to transform themselves and the people around them.

Related VOD articles by Cortez Davis-El:

http://voiceofdetroit.net/2017/05/09/cruel-unusual-juvenile-sentences-continue-cortez-davis-gets-25-60-not-legal-10-40-yrs/

http://voiceofdetroit.net/2017/07/07/real-men-help-children-overcome-recklessness-and-other-problems/

http://voiceofdetroit.net/2016/09/27/mich-citizens-support-2nd-chances-for-juvenile-lifers-state-county-prosecutors-induce-fear/

Rally for Darrell Ewing and wrongfully convicted prisoners May 9, 2017

Prosecution tried unsuccessfully to introduce a police “Facebook expert”

On habeas appeal, defense also cited confession to murder by Tyree Washington, trial judge’s failure to give ‘deadlocked jury” instruction

Trial judge allowed social media evidence in state’s case against Joseph Weekley, killer of Aiyana Jones; Weekley walked free

By Diane Bukowski

November 27, 2017

Photos provided by Darrell Ewing

Darrell Ewing, mother LaSonya Dodson to his left, and sisters

DETROIT – U. S. District Court Judge Denise Page Hood struck down the first-degree murder conviction of Detroiter Darrell Ewing, 29, on November 20. Her frank opinion exposes unconscionable practices employed by the Detroit Police and the Wayne County Prosecutor’s Office under Kym Worthy to obtain convictions “by any means necessary.”

Ewing and his co-defendant Derrico Searcy were convicted of murdering J.B. Watson Dec. 29, 2009, in an allegedly gang-related shooting at Harper and Van Dyke. They have been in prison since 2010. Afterward, another prisoner, Tyree Washington, came forward repeatedly to declare under oath that he, not Ewing and Searcy, committed the murder.

District Court Judge Hood threw out Ewing’s conviction based on a sole aspect of the habeas appeal, related to jury contamination, terming two other issues including Washington’s confession moot. She ordered Ewing’s release “forthwith,” unless the state grants Ewing a new trial within “ninety days of either the date of this opinion or the date when any appellate review becomes final, whichever date is later.” See full opinion at http://voiceofdetroit.net/wp-content/uploads/Darrell-Ewing-USCOURTS-mied-2_15-cv-10523-0.pdf

U.S. District Court Judge Denise Page Hood

Ewing’s attorneys Phillip Comorski and Byron Pitts contended in the appeal, “Petitioner was denied a fair trial and impartial jury under the federal constitution where, during jury  deliberations, the jurors brought in extraneous information from Facebook and the internet about petitioner Ewing, Mr. Watson, gangs, and gang pecking orders, and the jurors used this information to convict petitioner Ewing.”

Comorski told VOD, “It’s the proper ruling; unfortunately the Michigan Courts didn’t do it the first time and we had to go all the way to the federal courts. It’s quite clear based on the facts that information being brought into the jury room from outside the courtroom is certainly not permitted. Hopefully the Attorney General does the right thing and let’s it go back to state court, instead of appealing to the Sixth Circuit.”

Ewing’s mother LaSonya Dodson has been campaigning vigorously for her son’s release since his conviction. She told VOD she sold her house and exhausted her 401k to pay Ewing’s trial and appeals attorneys. She added that one daughter in the service retired early at the age of 26 due to severe headaches from the stress of her brother’s case, while the rest of the family ceased “living the active lives we used to.”

LaSonya Dodson with exoneree Marvin McHenry May 9, 2017

“I’m very happy with the ruling,” Dodson told VOD. “I think the prosecution’s tactics to try to bring in gang signs were to defuse what the case was all about. What I learned is that they bring a lot of “experts” in to brainwash the jurors. How do you become a Facebook expert?  What school do you go to?”

Dodson has also sponsored protests outside the Federal Courthouse, and been active with various coalitions against wrongful convictions.

In her opinion, Judge Page Hood noted that prior to the trial, the assistant prosecutor Kam Towns tried to qualify Detroit Police Officer Terri Graves as an expert on gangs and gang signs based on internet research she had done from Facebook and other social websites.

The prosecution alleged that Ewing was a member of a gang called the “Hustle Boys” while Watson belonged to a gang called “The Knock-Out Boys.” The Detroit Police Department has a long history dating back to the days of Gil Hill and others in the 1970’s who characterized loose assortments of Black youth from poor neighborhoods as “gangs.”

According to Judge Page Hood, trial court judge Carole Youngblood denounced and denied the attempt to have Graves testify.

Asst. Prosecutor Kam Towns, profiting off the fruits of mass incarceration. Facebook photo

“On October 8, 2010, the trial court judge issued an opinion and articulated detailed findings on the record denying the prosecutor’s request to add Officer Terri Graves as an expert witness or a lay witness,” Hood says in her opinion.

“The trial court judge denied the proposed trial testimony due to ‘an overwhelming amount of Officer Graves’ ‘facts and data,’ [that] are based on unreliable principles and methods. Officer Graves’ data is based on information that people have told her.’ The Court proceeded to find her testimony ‘hearsay within hearsay, within hearsay…not scientific and it is closer to gossip than scientific or reliable data.’”

Although Graves was stricken from the witness list, social media information on gangs was discussed in the jury room, according to Judge Page Hood.

“On January 10, 2011, Juror # 4, Kathleen Frances Byrnes, filed an affidavit informing the court that during deliberations Juror # 13 (Michelle Chesny) brought in Facebook information regarding petitioner’s past history and information pertaining to an online eulogy for J.B. Watson. Ms. Byrnes also informed the court that Juror # 5 (Karen James) had googled gang information and brought up information pertaining to gang codes and gang activity that she found on the internet. This Court notes that the jurors brought into jury deliberations the same type of information that the trial court excluded prior to petitioner’s trial.”

Darrell Ewing (4th from left) with Natalie Holbrook, Korbin Faller of the American Friends Service Committee, Pete Martell and Marilena David-Martin at workshop June 23, 2017.

Byrnes’ affidavit also says, “Ms. James also said during deliberations that gangs have a pecking order according to information she googled at home. She went on to say that Darrell Ewing was at the top of the pecking order. That would put Tyree Washington at the bottom and the gang decided to sacrifice Tyree Washington by setting him up as the fall guy for the murder. According to Ms. James, the above information was based on what she had read on line regarding the history of gangs on the google web site.”

Additionally, says Judge Page Hood, “The affidavit of Kathleen Francis Byrnes states that ‘contrary to her indication to the trial court, her vote to convict ‘was not [her] honest verdict.’ Byrnes alleged, in relevant part, that she was pressured into agreeing with the verdicts and that other jurors engaged in internet research regarding Watson, Ewing, Searcy, and gangs.”

See Byrnes’ affidavit at http://voiceofdetroit.net/wp-content/uploads/Byrnes-affidavit.compressed.pdf.

Youngblood denied a motion for an evidentiary hearing to determine exactly how much discussion the jurors had related to the internet discussions. Judge Page Hood says such a hearing would have been needed, since the jurors came back with a conviction only a day after they told Judge Youngblood in a note that they were deadlocked.

“Considering the serious difference of opinion of the jurors, brought to the court’s attention the day before . . . It would appear more likely than not, that the additional information, pertaining to gang codes, may have been discussed in order to break the jury deadlock,” Judge Page Hood says.

Judge Youngblood died while post-conviction proceedings were ongoing, and the case was transferred to Judge Cynthia Gray-Hathaway.

Judge Cynthia Gray Hathaway, killer cop Joseph Weekley, Aiyana Jones

(Gray-Hathaway allowed the defense to introduce Facebook evidence in the trial of Detroit Police Officer Joseph Weekley, accused of involuntary manslaughter in the death of Aiyana Jones, 7, during a 2011 Special Response Team raid on her home.

It included undated, unsourced and unrelated Facebook photos of some of Aiyana’s older relatives allegedly brandishing guns and giving gang signs. The defense even tried to introduce a Facebook photo of Aiyana and her two little brothers giving an alleged “gang sign” which signified only “east side,” as opposed to “west side.” Weekley walked free after three mis-trials.)

Meanwhile, the Court of Appeals upheld the convictions of Ewing and Searcy Sept. 24, 2013, claiming the jury discussions constituted “harmless error” and trial court post-conviction proceedings ceased. See COA opinion at http://voiceofdetroit.net/wp-content/uploads/COA-Darrell-Ewing-Derrico-Searcy.pdf.

But Judge Page Hood found, “This Court cannot conclude that the jurors’ use of extraneous information was harmless error. Lengthy deliberations by a jury preceding the jury misconduct and a relatively quick verdict following the misconduct strongly suggests prejudice.”

LaSonya Dodson said she wants to “give a shout out” to Investigator Scott Lewis, commending him for his dedication and constant communication with his clients.

She cites numerous opinions from the Sixth Circuit Court to the U.S. Supreme Court backing her ruling.

Below is Scott Lewis’ interview with Tyree Washington, who confessed numerous times to dozens of officials that he was the perpetrator in the murder of J.B. Watson. VOD spoke with him and he confirmed that he wanted this tape published. He refers to Adrienne Jackson, who testified to officials during Ewing’s trial that she was present when Tyree Washington shot J.B. Watson. Tyree Washington is serving a sentence of 7 to 25 years in the MDOC for crimes of car-jacking and felony firearm. His first out-date is 4/14/2019, and his final outdate is 3/14/2037. He is subjecting himself to a possible life sentence if he is charged and convicted in the Watson murder case.

His description of the crime is typical of many tragic killings occurring among the youth. He says he, his daughter and her mother were shot at the day before by Watson, and he went after Watson essentially for their protection. He also condemns the entire criminal “injustice” system for its unchecked practices of mass incarceration by any means possible. Tyree Washington’s affidavit is at Tyree Washington Affidavit[2145].

Ewing added in a letter to VOD, “Believe it or not, U.S. Federal Agents were given information by a top informant who testified in front of multiple grand juries concerning this matter and who was the actual culprit responsible for the crime I was being charged with and ultimately convicted of.

“Armed with this information, these same federal agents, in the interest of justice intervened by presenting their exculpatory proofs to Prosecutor Kym Worthy and the assistant prosecutor over my case, Kam Towns, who both, in turn, dismissed the evidence without investigation. . .Because of this disclosure, my first trial date was postponed by the now deceased honorable Carole Youngblood, who told the attorneys to further investigate this matter, and as a consequence of these instructions, I was advised by my then trial counsel, David Cripps, to take a polygraph test . . . I passed the polygraph test with flying colors, however, Prosecutor Kym Worthy refused to consider the polygraph results, ultimately refusing to drop the charges against me.”

Members of Protect Our Stolen Treasures (POST) including Kevin Kellom, father of Terrance Kellom at left, call for Kym Worthy to step down in protest March 22, 2017. Worthy refused to charge an ICE agent and other police who slaughtered Kellom’s son in his home in front of his family in 2015. 

Original ‘Conviction Integrity Unit’ freed no one, re-convicted four; SADO partnered with Worthy in that unit

Newman: INTEGRITY VS. PERJURY:

• Violated legal ethics in ongoing cases of Charles Lewis, Mary Stafford
• Newman, prosecutor may be guilty of perjury in Lewis case
• Judge Qiana Lillard may have suborned perjury 

SADO wants state funds for at least 5 more years as it fails to free state juvenile lifers, violating U.S. Supreme Court rulings

“They are not about releasing people, they are about keeping them locked up”–Lewis

By Diane Bukowski

November 18, 2017/Updated November 29, 2017

Valerie Newman talks with juvenile lifer Charles Lewis at court hearing Oct. 28, 2016. Lewis accuses her of violating attorney-client privilege.

DETROIT — Wayne County Prosecutor Kym Worthy’s appointment of attorney Valerie Newman to head her office’s revived “Conviction Integrity Unit” (CIU) raises serious doubts about whether that unit, or the State Appellate Defenders’ Office, where Newman worked for 23 years, truly intend to free innocent prisoners, or most juvenile lifers.

“Valerie R. Newman has dedicated herself to representing those in the criminal justice system unable to afford retained counsel on appeal,” Worthy’s Nov. 13 press release on Newman’s immediate appointment said. “Her passion for a fair and just criminal justice system is further evidenced by her efforts to educate and collaborate with stakeholders throughout the justice community.”

The CIU will have two full-time lawyers, a consultant lawyer, a full and a part-time investigator, and an administrative staff person, costing the County $660,000 a year,  according to Worthy spokeswoman Maria Miller.

But many individuals and families experienced with the original CIU, founded in 2009 to investigate hundreds of claims of falsified forensics evidence, and others experienced with Newman’s representation, disagree with the mainstream media’s positive depiction of Newman’s appointment.

“Neither Kym Worthy nor Valerie Newman has any intention of seeking anyone’s freedom,” said juvenile lifer Charles Lewis, 58, incarcerated for 41 years for a crime he and his family have always insisted he did not commit. “They are not about releasing people, they are about keeping them locked up.”

Worthy has recommended that Lewis and 66 other Wayne County juvenile lifers, 98 percent of them Black, be re-sentenced to LWOP, the highest number among counties in Michigan. State-wide, prosecutors have recommended LWOP for 247 out of 363 juvenile lifers, although the U.S. Supreme Court ruled that “only the rarest child” should die in prison, in  Miller v. Alabama (2012) and Montgomery v. Louisiana. 

Lewis estimates that at least 20 percent of state juvenile lifers are actually innocent, largely due to negligent representation by court-appointed attorneys. But SADO has refused to pursue innocence claims.

“This is just another dressed-up sham to make it appear that the true goal of the prosecutor is to confess wrongdoing by her office and Detroit Police by tugging SADO along as if to give this unit some integrity,” said paralegal Roberto Guzman, formerly of the People’s Crime Lab Task Force to Free the Wrongfully Convicted.

“More than $3 million and eight years after the first integrity unit was inaugurated, in which Worthy freed nobody on her own confession of error, it is even more insulting to ask us to believe that now she is truly interested in doing so simply because she brought on a new servant beholden to her arbitrary power.”

During a July, 2017 announcement of the pending re-creation of the CIU, Worthy essentially agreed, predicting the “overwhelming majority” of convictions will stand.

Members of the People’s Task Force including Marilyn Jordan (l) and Roberto Guzman (r) protest Kym Worthy’s initial Conviction Integrity Unit May 16, 2011, after the shutdown of the Detroit Crime Lab due to a high percentage of falsified forensic findings. They demanded an investigation independent of Worthy and the police. Only four cases were re-examined; Worthy re-convicted the defendants involved.

The Prosecutor’s Office and SADO collaborated as partners in the original CIU, meant to address hundreds of wrongful conviction claims deriving from falsified forensics evidence, which resulted in the closing of the Detroit Crime Lab. But the WCPO and SADO identified only four cases involving such evidence. Worthy sent those defendants back to trial, where they were re-convicted and are again serving life sentences.

Pros. Kym Worthy asks City Council for money for her own crime lab investigation, May 11, 2009

Although Worthy says she disbanded the CIU in 2013, due to lack of funds, SADO has continued to receive Department of Justice funding for “(1) a Crime Lab Project providing advocacy for persons adversely affected by the closure of the Detroit Police Crime Lab; (2) a Fast Response for Wrongful Conviction Project intended to identify and investigate forensic and evidentiary issues in sufficient time to allow for their development on appeal.”

Newman headed SADO’s juvenile lifer re-sentencing division until June, 2017, when she stepped down for unknown reasons. Minutes for SADO’s June 21, 2017 board meeting state, “SADO has 194 juvenile lifer clients. To date, forty-six clients have been resentenced to a term of years. Twenty-two clients are waiting for resentencing. Nine clients have been released on parole, with another sixteen approved for parole.”

Nine clients released out of 194, nearly six years after Miller v. Alabama?

In its request for a $1.4 million renewal of state funding, on top of nearly $2 million already provided, SADO estimated it would take “another five years” to complete juvenile lifer re-sentencings. That means ten years during which Michigan juvenile lifers are serving unconstitutional sentences, on top of their original unconstitutional convictions. At least six have already died in prison.

Efren Paredes Jr. with family

Juvenile lifer Efren Paredes, Jr., of the Juvenile Lifers for Justice, told VOD via JPay, “SADO is making money off the misery of juvenile lifers and prolonging the resentencing process so that they can seek additional state funding. Many prosecutors are doing the same thing, including Kym Worthy. Both ends are shamefully using our situation to essentially extort the state for money. It is ridiculous for SADO to come out and say it will take them an additional five years to resolve the juvenile lifer cases they are handling.”

SADO will not challenge two 2014 state statutes limiting the effect of Miller and Montgomery, but at least two federal cases are calling for the U.S. Supreme Court to outlaw ALL JLWOP sentences immediately, no strings attached.

Atty. Deborah LaBelle has fought for the rights of juvenile lifers for decades.

In Hill v. Snyder, Attorney Deborah LaBelle argued to the Sixth Circuit Court in September that the plaintiffs “categorically challenge the imposition of a life-without-parole sentence on any child; they challenge Michigan’s particular statutory scheme for imposing juvenile life-without-parole sentences; and they challenge the lack of a meaningful opportunity for release for juveniles who receive a 60-year maximum instead of life-without-parole.”

She also argued for the restitution of “good-time” credits, which would allow many of the state’s JLWOPer’s immediate release. She said a total of 38 juvenile lifers have been released to date, including those represented by private attorneys under the Michigan Appellate Assigned Counsel System (MAACS). MAACS was administratively merged with SADO in 2014. Approximately 75% of indigent felony appeals are assigned to the MAACS roster, while approximately 25% of cases are assigned to SADO.  

The U.S. Supreme Court unfortunately denied writs of certiorari Nov. 27 in the cases of Sarah Marie Johnson v. the State of Idaho, and the State of Arizona vs. Gregory Nidez Valencia, Jr. and Joey Lee Healer after its conference Nov. 21. Both cases asked the Supreme Court to ban ANY juvenile life without parole sentences.

Sarah Marie Johnson, 16 when  charged with killing her parents.

Gregory Valencia, charged with felony murder involving bicycle theft.

“Neither courts nor experts can accurately determine at the time of sentencing whether a particular child’s crime reflects ‘irreparable corruption’ as opposed to merely ‘transient immaturity,” the Fair Punishment Project of Harvard Law School wrote in an amicus brief for the Johnson case.

“The brains of teenagers and young adults are still developing, a process that continues into the mid-twenties in many cases. It is apparent that any determination about how that process will continue and what its result will be is inherently speculative. In addition, scientific studies confirm that there are no identifiable factors that even psychological experts can examine to accurately predict how a child’s or young adult’s character might be reformed.”

Wayne State University Professor of Law Peter Henning commented on whether Newman could face conflicts of interest in her new position.

“. . . .an attorney like Ms. Newman cannot disclose confidential communications without the client’s permission, nor under Michigan Rules of Professional Conduct 1.8(b) can she use confidential client information to the client’s disadvantage,” Henning said in an email to VOD.

Peter Henning, professor of Law at Wayne State University.

“So she would not be able to represent the prosecutor’s office in a case in which she represented a client or received confidential information that could be used to the client’s disadvantage, at least not without full disclosure to the client and permission,” Henning continued.

“The appointment itself does not violate the Michigan Rules of Professional Conduct, but her prior representation of individuals could present a problem. Moreover, the usual rule is that when a lawyer is part of an organization, like a law firm, then client confidences are usually imputed to all the lawyers in the organization.

“If Ms. Newman could show that she did not receive any confidential information on a particular client while she was at SADO, then she could take a case involving that client.  But this is an area fraught with danger so lawyers often won’t undertake a case in which there is any possibility that they received privileged or confidential information.” 

Newman represented Charles Lewis as his defense attorney during multiple hearings in front of Third Judicial Circuit Court Judge Qiana Lillard in 2016. During that time and afterwards, she repeatedly violated her client’s right to confidentiality even before becoming a prosecutor.

DID NEWMAN, AP COMMIT PERJURY, WITH ASSISTANCE FROM JUDGE LILLARD, IN LEWIS HEARING FEB. 15, 2017?

Dennis Van Fleteren/Facebook

There is abundant evidence of Lewis’ innocence. Most of the witnesses at two trials, including Dennis Van Fleteren, partner of Detroit Police Officer Gerald Sypitkowski, whose murder Lewis is serving time for, testified that they saw another perpetrator kill the officer on July 31, 1976.

“When I met her, the first thing [Newman] asked me was whether I felt remorse for my crime.” Lewis said. He said he told her NO because he didn’t commit it.

Newman then sabotaged Lewis’ efforts to have his case dismissed pursuant to State and U.S. Supreme Court precedents after the Court Clerk’s loss of his entire court file. She agreed to “re-construct” the file, turning over attorney-client privileged information to APA Jason Williams prosecutor on a flash drive marked www.SADO.org, as Newman and AP Jason Williams admitted according to transcripts of a Feb. 15, 2017 hearing. Judge Qiana Lillard supported their testimony.

THAT TRANSCRIPT, COMPARED WITH A LIST OF THE ITEMS ON THE FLASH DRIVE, OBTAINED BY VOD, SHOWS THAT NEWMAN AND WILLIAMS LIED UNDER OATH, LIKELY COMMITTING PERJURY, IN STATING THAT THE FLASH DRIVE CONTAINS NOTHING BUT PUBLIC DOCUMENTS. 

Other pertinent pages of the transcript, in which Judge Lillard supports Williams’ and Lewis’ testimony, can be read at http://voiceofdetroit.net/wp-content/uploads/CL-transcript-2-15-17-selection-2.pdf.

In fact, the flash drive contains the following items listed in its index, including attorney-client communications, medical records client never authorized to be given to anyone else, in violation of HIPAA, and a personal autobiography originally in a folder marked by Foley & Larder, “DO NOT GIVE TO ANYONE ELSE.

http://voiceofdetroit.net/wp-content/uploads/Contents-of-SADO-flash-drive.compressed.pdf

The flash drive, however, does not include an appeals opinion by Third Judicial Circuit Court Judge Deborah Thomas dated Aug. 6, 2006.

Thomas’ opinion notes among other matters that Thomas “thoroughly read” the missing first trial transcript and concludes that Recorders Court Judge Joseph Maher  dismissed Lewis’ first jury unconstitutionally, which should have meant an acquittal with double jeopardy attaching. VOD first reported on this opinion after discovering it in the file kept by Judge Lillard.

The opinion is also included in the files from Foley & Lardner. But Newman inserted a copy into a folder in back, defaced with numerous little red tags and Post-It notes declaring it “fake.”

She likewise marked an April 3, 2000 order by Judge Gershwin Drain dismissing Lewis’ case “likely forged.”

Lewis has adamantly contended that he received that opinion ten years late from corrections personnel. They confirmed its validity with an employee of the Wayne County Clerk’s office, who discovered that had been mis-filed.

Newman withdrew from Lewis’ case without filing an appeal of a crucial Nov. 11, 2016 order by Judge Lillard,  which denied both Lewis’ motion for dismissal and Newman’s motion for 40-60 years, leaving only the prosecutor’s LWOP motion.

Newman then undermined Lewis’ relationship with subsequent attorneys by claiming he was guilty and giving them the flash drive.

The flash drive includes a frank autobiography he gave to Foley & Lardner attorneys, which contains information prejudicial to Lewis regarding other events, but not relevant to any role by him in the murder of Officer Gerald Sypitkowski.

It is the epitome of “attorney-client privileged” information. Although a second copy is present in the file boxes much later on, Newman/SADO moved this copy up to the front of the file list on the flash drive.

Defaced Deborah Thomas opinion

Cover to Drain order 

Defaced copy of Drain order.

Original attorneys marked this file containing autobiography by Lewis “never give to anyone.”

Inkster cops, AP Karen Plants, and Judge Mary Waterstone.

The roles played by Valerie Newman, Jason Williams, and Judge Qiana Lillard in this case bring to mind similar allegations that resulted in the convictions, disbarment and retirement of another Wayne County Judge and AP in a drug bust case in 2005.

Wayne County AP Karen Plants conspired with Inkster police to allow them to lie under oath about the true nature of a witness in the drug bust, who was in fact a paid informant. Judge Mary Waterstone presided over the case and was apprised of the perjured testimony but allowed it to take place.

Plants was charged with perjury and spent six months in prison, while Waterstone faced misconduct chages and retired early. Attorney General Bill Schuette brought the charges against the players in that case.

MARY STAFFORD: NEWMAN’S INEFFECTIVE ASSISTANCE OF COUNSEL

In another case VOD has covered, that of Clifford and Mary Stafford, Newman was assigned to represent Mary Stafford on appeal, while her husband was represented by another attorney, Ian Kierpaul.

Mary Stafford, at the age of 66, had been sent to the Huron Valley Women’s Prison Feb. 16, 2016 for 1-10 years by Wayne County Circuit Court Judge Michael Hathaway, on charges of “false pretenses” and “obstruction of justice,” brought by the County’s Mortgage Deed Fraud Task Unit. Her husband was sentenced to probation.

The County claimed Wells Fargo had asked for the prosecution, but Wells Fargo firmly denied that.

Community advocates Clifford and Mary Ann Stafford

The Michigan Department of Corrections probation report on Mary Stafford noted that she  had taken care of her six younger siblings growing up, never been convicted of any offense, and made only $700 a month in Social Security benefits. That report recommended an 18-month sentence of probation.

Stafford also took care of her sister after she was shot in the head and paralyzed, various children and grandchildren, and was a “latch-key” caregiver for neighborhood children when the family lived on Gilchrist.

During the appeals process, Newman first held a “post-conviction” hearing in front of Hathaway without the presence or knowledge of her client, on Aug. 26, 2016, an ethical violation. A transcript of the hearing demonstrated Newman’s utter lack of knowledge regarding what had transpired at the Staffords’ trial, although Newman had postponed ANY action on Stafford’s appeal for months until she obtained all the transcripts of the trial.

Judge Hathaway made wild allegations as he had during the trial, but Newman could not defend her client, and lost the hearing.

Judge Michael Hathaway

Appeals Court Judge Michael Talbot

The actual appeal filed by Newman did not even make an innocence claim, ignored numerous instances of judicial and prosecutorial misconduct during the trial that were cited by the husband’s attorney in his appeal, and accused the husband and a friend of being responsible for the alleged crimes. Newman did not ask to make oral arguments at the Appeals Court hearing, although she showed up for it.

Chief Judge Michael Talbot of the Court of Appeals combined the two cases for the COA’s final ruling. Court rules say such a combination can be done only if requested by a party. While Atty. Kierpaul did not request such a combination, it is not known whether Newman did. (Newman refuses to speak to VOD and has told others, including juvenile lifers, to have nothing to do with the newspaper, according to their own statements.)

A joint opinion denying the appeals by both Staffords was rendered. Newman sent Mary Stafford a copy of her appeal. She said that concluded SADO’s representation, leaving Stafford owing over $75,000 in court fines, allegedly to be paid to Wells Fargo.

However, SADO’s website says its attorneys practice in the highest appellate courts, including the Michigan and U.S. Supreme Courts.

Fortunately, the MDOC paroled a thoroughly traumatized Mary Stafford after one year on Feb. 16, 2017, with the parole to end in February, 2018.

Related documents:

Full opinion by Judge Deborah Thomas on Charles Lewis case at http://voiceofdetroit.net/wp-content/uploads/DThomasOpinion2.pdf/.

Charles Lewis motion re: Judge Gershwin Drain order to dismiss his case: http://voiceofdetroit.net/wp-content/uploads/CL-motion-re-Drain-order.compressed-1.pdf 

RELATED STORIES on Judge Mary Waterstone and AP Karen Plants:

http://www.mlive.com/news/detroit/index.ssf/2010/10/former_wayne_county_judge_mary.html

http://www.mlive.com/news/detroit/index.ssf/2011/03/former_detroit_prosecutor_kare.html

http://www.crainsdetroit.com/article/20120321/FREE/120329972/former-wayne-county-drug-prosecutor-karen-plants-is-disbarred

RELATED STORIES on Charles Lewis and Juvenile Lifers:

http://voiceofdetroit.net/2017/06/23/juvenile-lifers-ex-offenders-advocates-begin-new-chapter-in-battle-for-justice-june-18/

http://voiceofdetroit.net/2017/08/08/juvenile-lifer-re-sentencings-drag-on-in-michigan-nation-as-states-snub-u-s-supreme-court/

http://voiceofdetroit.net/2017/07/15/the-troubled-resentencing-of-americas-juvenile-lifers-the-nation/

http://voiceofdetroit.net/2017/02/20/charles-lewis-must-be-freed-due-to-loss-of-court-file-innocence-sado-withdraws-from-case/

http://voiceofdetroit.net/2017/02/12/rogue-justice-free-another-innocent-detroiter-charles-lewis-now-hearing-wed-feb-15-9-am/

‘ROGUE JUSTICE!’ FREE ANOTHER INNOCENT DETROITER, CHARLES LEWIS, NOW! HEARING WED. FEB. 15 @ 9 AM.

http://voiceofdetroit.net/2017/01/20/judge-deborah-thomas-charles-lewis-should-have-been-acquitted-sentence-vacated-in-1976-murder/

http://voiceofdetroit.net/2017/01/12/wayne-co-juvenile-lifers-lives-at-stake-only-two-paroled-charles-lewis-hearing-thurs-feb-9-2017/

http://voiceofdetroit.net/2016/10/26/free-charles-lewis-mich-juvenile-lifers-re-sentenced-to-die-in-prison-rally-fri-oct-28/

http://voiceofdetroit.net/2016/10/13/support-for-charles-lewis-mich-juvenile-lifers-strong-at-hearing-oct-11-bring-them-home-now/

http://voiceofdetroit.net/2016/10/07/stop-new-death-penalty-for-mich-juvenile-lifers-rally-tues-oct-11-for-charles-lewis-others/

http://voiceofdetroit.net/2016/09/10/new-hope-for-michigan-juvenile-lifer-charles-lewis-as-others-await-long-delayed-justice/

http://voiceofdetroit.net/2016/09/04/free-charles-lewis-wayne-co-juvenile-lifers-dying-in-prison-rally-at-hearing-tues-sept-6/

http://voiceofdetroit.net/2016/08/02/michigan-files-for-jlwop-for-80-of-juvenile-lifers-fed-court-wants-all-parole-eligible/

http://voiceofdetroit.net/2016/07/26/worthy-others-want-large-portion-of-juvenile-lifers-to-die-in-prison-despite-ussc-rulings/

http://voiceofdetroit.net/2016/05/24/free-charles-lewis-innocent-juvenile-lifer-who-has-spent-41-years-in-state-prisons/

http://voiceofdetroit.net/2016/04/30/why-is-juvenile-lifer-charles-lewis-still-in-prison-16-yrs-after-his-case-was-dismissed/

http://voiceofdetroit.net/2012/10/28/michigans-juvenile-lifers-want-state-to-comply-with-u-s-supreme-court-ruling/

http://voiceofdetroit.net/2012/08/16/michigan-challenges-u-s-supreme-court-ruling-on-juvenile-life-without-parole/

http://voiceofdetroit.net/2012/07/02/us-supreme-courts-juvenile-lifer-decision-brings-hope-to-thousands/

http://voiceofdetroit.net/2012/07/02/nations-high-court-ends-mandatory-life-without-parole-sentences-for-youth/

RELATED STORIES ON CLIFFORD AND MARY STAFFORD:

http://voiceofdetroit.net/2016/02/17/outrage-judge-michael-hathaway-gives-mary-stafford-1-10-yrs-no-evidentiary-hearing/

http://voiceofdetroit.net/2016/02/09/stop-the-railroad-of-community-advocate-mary-ann-stafford-come-to-court-fri-feb-12-at-9am/

http://voiceofdetroit.net/2016/01/15/judge-hathaway-blames-2008-mortgage-meltdown-on-homeowner-advocate-couple-the-staffords

http://voiceofdetroit.net/2016/01/12/wells-fargo-v-staffords-bombshell-bank-not-complainant-county-charged-couple-anyway/

http://voiceofdetroit.net/2016/01/15/judge-hathaway-blames-2008-mortgage-meltdown-on-homeowner-advocate-couple-the-staffords/

http://voiceofdetroit.net/2015/12/19/whos-guilty-of-detroit-mortgage-fraud-not-wells-fargo-but-community-advocates-says-county/

MacSpeaking

Listed above, please find a link to one video (approx. 43 minutes) that I recorded on Wednesday, November 8, 2017 during the “Crisis in Puerto Rico and Detroit: Origins and Solutions” Panel Discussion Event, featuring Adela Nieves (Community Activist), Jorge Chinea, Ph.D. (Wayne State University), Alicia Diaz Thomas (Wayne State University), William Santiago-Valles, Ph.D. (University of Michigan, Dearborn), Monica Lewis-Patrick (We the People of Detroit), and Raul Echevarria (Liberation Theology), at the Charles H. Wright Museum of African American History, 315 East Warren, Detroit, MI.

Thank you for your time and consideration.

Sincerely,
      Leona    

Related:

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

http://voiceofdetroit.net/2017/05/18/puerto-rico-123b-bankruptcy-underway-as-in-detroit-banks-want-workers-poor-to-pay/