BOIL WATER ALERT: ‘THE GLWA DOESN’T CARE ABOUT DETROIT, HAMTRAMCK AND HIGHLAND PARK’

Water Works Park Plant at East Jefferson and Cadillac in Detroit.

Alert covers the broadest area in Detroit’s history

DWSD retiree leader Bill Davis: “The GLWA doesn’t care about Blacks and minorities

Continues beyond the “48 hours” the GLWA first estimated, now GLWA says PREMATURELY it will lift alert after second round of tests

Can GLWA be trusted?

By Diane Bukowski 

March 1, 2017  Updated March 2, 2017

Cheryl Porter, GLWA COO, previously DWSD COO

DETROIT – The Great Lakes Water Authority (GLWA) belatedly issued a boil water alert for massive areas of Detroit, Highland Park, and Hamtramck last night. It cited a two-hour drop in water pressure from an pump failure at the Water Works Park water treatment plant, which may have caused bacterial contamination. The failure occurred at 5 p.m. and lasted for at least two hours, GLWA Chief Operating Officer Cheryl Porter told the Detroit City Council.

The Detroit Water and Sewerage Department issued a more extensive advisory than the one paragraph issued by the GLWA, which runs the plant. DWSD told people living and working in areas south of McNichols to the riverfront and Linwood east to Conner in the City of Detroit, along with the Cities of Highland Park and Hamtramck,  to boil water before drinking it, or using it to prepare food and cook, while the water is sampled and tested for bacterial contamination.

“Bring all water to a boil, let it boil for one minute, and let it cool before using . . . for drinking, making ice, brushing teeth, washing dishes, and food preparation until further notice,” the DWSD alert said. “The boil water notice shall remain in effect for the defined area until results from the sampling verify the water is safe to drink. CUSTOMERS WILL BE ADVISED WHEN THE BOIL WATER ADVISORY HAS BEEN LIFTED.” (See full DWSD alert at http://voiceofdetroit.net/wp-content/uploads/DWSD-Boil-Water-Advisory.pdf.)

Bill Davis is also President of the Detroit Active and Retired Employee Association (DAREA), which is pursuing a battle against bankruptcy cuts in federal court.

The GLWA and some of the mainstream media first reported that the alert would last for 48 hours, creating ongoing confusion in the three cities, but Porter cautioned that people should wait until the alert is officially lifted after tests are completed. 

“It’s my personal belief that the Great Lakes Water Authority (GLWA) doesn’t care about the people of Detroit, Hamtramck, and Highland Park, because they have too many Blacks and minorities,” Bill Davis, a retired Detroit Water and Sewerage Department (DWSD) supervisor, told VOD.

“If we were still under the DWSD, there would have been an immediate alert, but the GLWA chose to sit on it. Gary Brown [head of what’s left of the DWSD] didn’t even know about it until this morning.”

Davis said any bacterial contamination from the water pressure drop meanwhile created risks, particularly for children and elderly people. He said massive staff cutbacks at DWSD before and since the GLWA took it over likely contributed to the failure.

Water fountain at Detroit’s Frank Murphy Hall of Justice on March 2, with notice from DWSD posted above it. Water to all schools and other public buildings is similarly restricted, while private restaurants, supermarkets and other businesses must use alternate resources.

“I’ve been telling this City Council and this Mayor since 2013 that something like this was likely to happen,” Davis said. He said there has not been a massive boil water alert like this in Detroit’s previous history to his knowledge.

He added that the Flint water crisis began with a similar drop in water pressure, which allowed lead contamination of that city’s pipes to leach into water that was moving sluggishly instead of at its full rate of speed. Davis also blamed repeated flooding in the GLWA region from rainstorms on massive staff cutbacks at plants like the Wastewater Treatment Plant downriver, where he worked.  Three major sewage pumps there were non-functional in 2014 as a result of a lack of 24/7 maintenance.

GLWA CEO Sue McCormick told the GLWA board March 1 that she and her staff first contacted the Michigan Department of Environmental Quality (MDEQ) drinking water division to find out what to do. Unlike her COO Porter, who previously also served as COO at DWSD, she said the alert would be over after 48 hours.

“This is a very unfortunate circumstance that resulted in what I would call an electrical mechanical failure,” McCormick said in response to a question from VOD, ironically at the GLWA’s public hearing on new water and sewerage rates March 1.

GLWA CEO Sue McCormick with Detroit Mayor Mike Duggan, who signed the contract giving away DWSD to the regional Great Lakes Water Authority.

“It’s a systems control issue from a valve operator,” McCormick went on. “The valve was closing inappropriately causing pumps to back off as the water was starting. We know pressure sagged in the process—particularly in the system from the other plants that would pick up that flow. That worked less effectively than we hoped it would. So we had pressure sag. We know the extent of that pressure sag based on the number of complaints we received in the area. In conversation with MDEQ drinking water division we discussed how we should notify the public. So we issued what I would call a precautionary boil water alert. While today we don’t have any evidence that the system depressurized to the extent that contaminants could have entered the system through the ground or from buildings, we won’t know the result of our tests for 48 hours. So we are suggesting that people in the area boil their water for that time.”

Gary Brown (l) with GLWA officials at meeting June 12, 2015 where contract turning DWSD over to GLWA was signed.

On March 2, the GLWA reported regarding tests conducted only in one day, “While these results are a sign that there is nothing wrong with the water, the Michigan Department of Environmental Quality is requiring the boil water advisory remain in effect throughout the originally stated 48-hour time period. A second round of test results will be returned tomorrow and upon a second clear result, GLWA will recommend that the boil water advisory be lifted. GLWA will provide additional updates as soon as they are available.”

Detroit Mayor Mike Duggan signed the contract turning the six-county DWSD, the larges asset of the largest Black-majority city in the U.S., over to the GLWA, except for a few minor mains in Detroit, in June, 2015. The GLWA was created during the bankruptcy proceedings in 2014 despite ongoing protests by city workers, residents and others who warned of dire consequences.

Area of Detroit where boil water advisory is in effect.

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http://voiceofdetroit.net/2015/11/08/layoffs-flood-detroit-water-dept-risk-public-health-rising-debt-higher-rates-more-shut-offs/ 

REGIONAL WATER CZARS PLAN PERMANENT SHUT-OFFS TO LARGE PARTS OF DETROIT WHILE INCREASING RATES

http://voiceofdetroit.net/2015/06/16/authority-approves-bankruptcy-theft-of-detroits-water-system-retirees-begin-referendum-campaign/   

http://voiceofdetroit.net/2014/09/10/detroit-bankruptcy-great-lakes-water-authority-to-steal-largest-asset-of-largest-u-s-black-city-4/ 

http://voiceofdetroit.net/2014/08/21/near-catastrophic-failure-of-detroit-sewage-pumps-caused-detroit-floods-toledo-water-crisis-city-retirees-say/ 

http://voiceofdetroit.net/2013/03/12/grand-theft-of-detroits-water-dept-imminent-water-board-mtg-wed-march-13-2pm/ 

http://voiceofdetroit.net/2012/09/09/board-passes-48-m-5-yr-ema-contract-to-cut-81-of-detroit-water-workforce/ 

http://voiceofdetroit.net/2012/08/22/toronto-under-water-sewage-in-wake-of-ema-plan/

http://voiceofdetroit.net/2011/11/10/cox-axes-detroiters-control-over-water-department/

http://voiceofdetroit.net/2011/02/13/judge-cox-mayor-bing-suburban-leaders-conspire-in-water-takeover-violate-city-charter/

http://voiceofdetroit.net/2011/01/26/stop-takeover-of-detroits-water/

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TRUMP AND THE CORPORATE MEDIA ENEMY OF THE PEOPLE — BLACK AGENDA REPORT

Freedom Rider: The Corporate Media Enemy

By BAR editor and senior columnist Margaret Kimberley

February 21, 2017 

http://blackagendareport.com/corporate_media_enemies

Margaret Kimberley

“Donald Trump and the corporate media are locked in mutual hostility, but they are both enemies of the poor and oppressed. Media tell non-stop lies about foreign leaders abroad and Black people here at home. As servants of corporate power, the media usually kow-tow to whoever wins the White House. They’ve made an exception for Trump, but that doesn’t make them honest journalists — just flunkies for the other party.

“When the Democratic Party needed to distract its rank and file from its ignominious defeat, the press continued to aid the deception and helped to play a dangerous game in foreign affairs.”

Every day Donald Trump exemplifies the contradictions of this era. He may make a statement that the left can agree with, but not because of shared political beliefs or motives. That is the case with his latest twitter statement regarding the media. “The FAKE NEWS media (failing @nytimes, @NBCNews, @ABC, @CBS, @CNN) is not my enemy, it is the enemy of the American People!”

Donald Trump at press conference

The corporate media generally go out of their way to make nice with presidents and promote their agendas. The feeling is mutual and presidents make nice right back. Even George W. Bush, who like Trump lost the popular vote, enjoyed media popularity for most of his two terms in office.

But Trump is different. He cannot say the words New York Times without adding, “Which is failing.” He can’t stand criticism and apparently doesn’t like to work for praise either. We can add his continued fighting with the press to the rest of his list of firsts.

“Even George W. Bush enjoyed media popularity for most of his two terms in office.”

The fact is that the corporate media in this country are our enemies. Media consolidation has left us with a handful of newspapers and television networks which are all controlled by international conglomerates. They hoped they would make neo-liberal heroine Hillary Clinton the next president but Democratic Party failures and her own weaknesses put Trump in the White House.

Iraqi children scream after U.S. soldiers killed their parents during invasion.

The news has been fake long before Donald Trump used those words. The cozy relationship between Bush and the press gave him cover to invade Iraq and kill 1 million people. The correspondents’ dinners and the private briefings create media haves and have nots, and taint the journalism that comes from this collusion. Obama made the private briefing a standard operating practice and kept Democratic pundits in his thrall, not that he had to work hard to win them over.

Trump considers anyone an enemy who doesn’t love him. That is why he is no friend of the press. But the rest of us should not rush to defend them either. After all they do not defend us. In 2016 they stood with Hillary Clinton while Bernie Sanders, despite his political failings, revealed the weaknesses in the Democratic Party. He was mocked, the desire for change was ignored and as a result Trump is the 45th president of the country.

“The corporate press never took Obama to task for his foreign aggressions.”

Donald Trump, Vladimir Putin, Hillary Clinton

Presentation and politesse are everything to our press overlords, so they never took Obama to task for his foreign aggressions. They repeated lies about foreign leaders who fell into Obama’s cross hairs. They said nothing about job stealing trade deals or the dishonesty which gave us more private health insurance when we needed Medicare for All.

When Hillary Clinton picked up on a Marco Rubio talking point and accused Donald Trump of being a Russian agent and/or dupe, the media followed right along. When her strategy failed they kept repeating it instead of asking why she lost to the person they all disregarded. When the Democratic Party needed to distract its rank and file from its ignominious defeat, the press continued to aid the deception and helped to play a dangerous game in foreign affairs.

Do the media report on the inhumanity of mass incarceration? Do they tell their viewers and readers that half of all Americans live on $31,000 per year or less? Do they reveal the devastation created by American regime change or give voice to its victims?

They do none of these things. They engage in a mutual admiration society and having covered up great wrong doing they now act as gate keepers against Donald Trump. But let us imagine if Trump were to suddenly have a change of heart and personality. Suppose he stopped calling the New York Times “failing.” Suppose he decided to make friends.

“If Trump acted like Obama, he just might enjoy some of his untouchability.”

Suddenly we would see stories about his under appreciated brilliance. The planned wall on the Mexican border would be called a master stroke, the travel ban of citizens from seven mostly Muslim nations would suddenly be deemed a legal breakthrough. If Trump acted like Obama, he just might enjoy some of his untouchability. Such is the power of media imprimatur.

Amazon CEO Jeff Bezos, now owner of the Washington Post,  and a $750 M CIA contract, at White House.

No one should deny that one plus one equals two if Donald Trump states this easily understood fact. When he calls the press the enemy one must remember that the Washington Post was purchased by Amazon owner Jeff Bezos. Bezos then used Amazon’s cloud technology as means of getting a $750 million contract with the CIA.

Late in 2016 the Post runs a fake news story calling outlets like Black Agenda Report agents of the Russian government and begins the process of making repression a reality. To complicate matters further, Bezos is one of eight billionaires on the planet with as much wealth as half of humanity. Anyone with a fat CIA contract who literally controls the world is certainly no friend of the people.

No one should be fooled by Trump’s bloviating, nor should they be fooled by phony outrage from guilty parties. The media are in bed with the rulers and that makes them enemies of the first order.

Margaret Kimberley’s Freedom Rider column appears weekly in BAR, and is widely reprinted elsewhere. She maintains a frequently updated blog as well as at http://freedomrider.blogspot.com. Ms. Kimberley lives in New York City, and can be reached via e-Mail at Margaret.Kimberley@BlackAgendaReport.com.

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COLEMAN YOUNG II RUNS FOR DETROIT MAYOR; DUMP DUGGAN!

By Diane Bukowski

February 25, 2017

The Voice of Detroit does not make a habit of endorsing political candidates. But former State Senator Coleman Young II had some good points to make when he announced Feb. 24 that he is taking on “the white mayor, the right mayor” as Rev. Wendell Anthony had the gall to call Mike Duggan when he introduced him.

Many of Senator Young’s points were raised in VOD’s earlier article “Duggan’s Decades-Long Detroit Demolition Derby.” It will take a GRASS ROOTS people’s movement to oust the white aristocracy and banking establishment that has the City of Detroit and the Detroit Public Schools in its clutches, with the devastating bankruptcy under Emergency Manager Kevyn Orr and Gov. Snyder. But more power to Young, maybe he can get the ball rolling. . . .

DUGGAN’S DECADES-LONG DETROIT DEMOLITION DERBY

Wendell Anthony, Benny Napoleon and others support Duggan during his announcement.

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CHARLES LEWIS MUST BE FREED DUE TO LOSS OF COURT FILE, INNOCENCE; SADO WITHDRAWS FROM CASE

Video above is from October 28, 2016 hearing where Wayne County Deputy Court Clerk David Baxter testified that Charles Lewis’ official court file could not be found after months of searching. It has still not been found, although Judge Qiana Lillard ordered it “re-constructed.” Lewis contests the validity of that order, and says his case must be dismissed, based on U.S. Supreme Court and numerous other precedents. 

SADO withdraws as Charles Lewis’ representative; had insisted on 40-60 yr. sentence despite innocence, complete loss of official court file

Lewis: Judge Lillard’s order to re-construct lost file “an abuse of discretion,” violation of attorney-client privilege, case must be dismissed

Guard bars great grand-niece Ava from court: “My uncle should be out by now!”

Charles Lewis argues his case at court Feb. 15, 2017

DETROIT – “Ninety percent of juvenile lifers are in prison because they had really bad attorneys,” Charles  Lewis, who has served 41 years in Michigan’s prisons, said during a court hearing February 15. “One of the biggest problems juveniles have is finding competent counsel. I’d rather just represent myself. Nobody knows my case like me. I’ve been researching it since I was 17.”

He spoke at a hearing in front of Third Judicial Circuit Court Judge Qiana Lillard called to allow his state-appointed defense attorney, Valerie Newman, and the State Appellate Defenders Office (SADO) to withdraw from the case. Lillard issued an order approving the withdrawal.

Present in court to support Lewis were Ron and Darleen Hereford, owners of Doll’s Go-Kart race track at Oakman and Grand River. They fought a nine-year battle to free their son Darron, who was falsely convicted of robbery charges.

(L to r) Ron and Darleen Hereford,  Lewis’ mother Rosie Lewis and great-grandniece Ava. Ava said the court guard stood in her face to stop her from entering the courtroom.

Evidence of the false conviction included photos of the guilty party raiding the cash register at Hungry Howie’s in Southfield, an individual who looked nothing like their son. The Herefords have always said their son was targeted as part of a land-grab scheme by realtor Herb Strather, who is seeking to amass properties along the Grand River corridor in Detroit.

Lewis was convicted of killing off-duty Detroit police officer Gerald Sypitkowski on July 31, 1976, after three separate trials. Numerous eyewitnesses at the scene including Sypitkowski’s partner Dennis Van Fleteren testified that the gunfire which killed the off-duty cop came from a white Lincoln Mark IV, driven by Leslie Nathanial, not from Lewis.

None of them said they saw Lewis or three Black juveniles who testified against him at the scene. Then Sgt. Gil Hill, a notoriously crooked cop, released Nathanial and concocted the case against Lewis.

Recorders Court Judge Joseph Maher dismissed the jury without cause after testimony was completed in Lewis’ first trial in March, 1977, according to Third Judicial Circuit Court Judge Deborah Thomas.

Judge Maher

Judge Deborah Thomas

Judge Thomas said in a 2006 opinion that she had “thoroughly” reviewed the transcript. She said the dismissal should have meant Lewis’ acquittal and the state’s inability to re-try him under double jeopardy provisions.

But that full transcript and Lewis’ official court file were irrevocably lost at some point about five years ago according to testimony from Court Clerk staff.  On Nov. 11, 2016, Third Judicial Circuit Court Judge Qiana Lillard ordered the file “re-constructed” by the prosecution, defense and Clerk’s office, an order Lewis contends is unconstitutional. (See Judge Lillard’s order at http://voiceofdetroit.net/wp-content/uploads/Judge-Lillard-order-reconstructing-Charles-Lewis-file-1.pdf.

“That order was an abuse of discretion,” he told Judge Lillard.  “The Court Clerk didn’t have my record. Ninety percent of those documents in the [re-constructed] file came from my foot locker. I turned them over to my previous attorneys Foley & Lardner who then gave them to SADO. I did that so I could get legal advice from SADO. I didn’t give permission to turn them over to the prosecution.” 

Below: Lewis’ family and supporters discuss their sons’ cases

Assistant Prosecutor Thomas Dawson and Lewis’ court-appointed attorney Valerie Newman of SADO called Lewis’ depiction of the re-constructed file a “lie,” claiming other documents were included.

Newman claimed, however, that she did not have a copy of the re-constructed file. But Wayne County Deputy Court Clerk David Baxter told this reporter earlier that he was making a copy for the defense, after which this reporter could also review the file, which is considered public information.

Judge Lillard agreed with Newman and Dawson on the file’s contents,  saying the only thing missing was the Court Clerk’s official file. She said she intended to certify the file herself, a likely violation of state court rules which give that responsibility to the Court Clerk. (See box at left.) There is additionally no accurate Register of Actions for the case. The ROA begins at the year 2000, with an inaccurate entry showing that Lewis was convicted in front of Judge Gershwin Drain on April 3, 2000.

“If I’m wrong, somebody will have to tell me,” she said. VOD has requested comment from Wayne County Clerk Cathy Garrett on Lillard’s order. Due to the holiday, she was not available before press time.

Newman and SADO officially withdrew from the case during the hearing, citing Lewis’ contention that the “attorney-client privilege” had thus been violated.

Newman asked Lillard to allow Lewis to argue as a pro se motion a letter that he sent to SADO in December laying out his legal grounds against Lillard’s Nov. 11 ruling,  but Lillard refused to do so. She said she would not allow Lewis to argue his case pro se, but would consult with Chief Criminal Court Judge Timothy Kenny to have him appoint another attorney to “assist” Lewis. (See Lewis letter/motion at http://voiceofdetroit.net/wp-content/uploads/CLlettermotion.compressed-1.pdf.)

A U.S. Supreme Court ruling, Faretta v. California (1975), however, was “the case that established that defendants have a right to represent themselves,” according to the Nolo.com Legal Encyclopedia. The USSC said,

“The Sixth Amendment as made applicable to the States by the Fourteenth guarantees that a defendant in a state criminal trial has an independent constitutional right of self-representation and that he may proceed to defend himself without counsel when he voluntarily and intelligently elects to do so, and, in this case, the state courts erred in forcing petitioner against his will to accept a state-appointed public defender and in denying his request to conduct his own defense.” (See full ruling at http://voiceofdetroit.net/wp-content/uploads/Faretta-v-California.pdf.)

Charles Lewis after graduation from course in prison; state dehumanizes juvenile lifers by forcing them to appear in court in jail scrubs and handcuffs.

Lewis told VOD that he was encouraged by the hearing, because both Newman and Judge Lillard put it on the record that attorney-client privilege may have been violated, and once again that they believe his official court file can be re-constructed, without any valid legal grounds. He is still asking for immediate dismissal of his case, and his release from prison, based on the loss of the official court file first. Then he said he will engage in a fight to prove his innocence of the charges, for which he said he has substantial evidence.  

“There were four points during the time I’ve been in prison when my case should have been dismissed,” Lewis said. “The first time was after Judge Maher dismissed the jury from my first trial without cause. The second time was when there was no official record of the jury’s vote after my last trial under Maher in 1977. The third time was when Judge Edward Thomas refused to grant me a Pearson evidentiary hearing within 30 days of my request for one.  The fourth time was when Judge Gershwin Drain issued an order dismissing my case on April 3, 2000 because of the Pearson violation.”

Lewis was not made aware of that order until 10 years later, by a prison official who gave him a copy. He and his family remain adamant that he has been unjustly incarcerated for over 41 years and said they will not stop fighting for his freedom.

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

http://voiceofdetroit.net/2017/02/11/bernard-young-free-after-27-yrs-bond-new-trial-granted-more-innocents-in-mich-prisons/

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

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

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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/2016/08/18/genocide-state-s-a-d-o-subject-michigan-juvenile-lifers-to-more-cruel-and-unusual-punishment/

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/2016/06/02/stop-torturing-michigans-juvenile-lifers-with-state-delays-freedom-now/

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

http://voiceofdetroit.net/2016/05/18/michigan-juvenile-lifers-score-6th-circuit-appeals-court-victory-in-hill-v-snyder/

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/2016/04/12/dying-in-prison-michigan-juvenile-lifers-get-new-hope-under-montgomery-still-face-obstacles/

http://voiceofdetroit.net/2013/02/12/u-s-judge-rules-all-michigan-juvenile-lifers-eligible-for-parole/

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/

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#FREECHARLESLEWISNOW, #FREEMICHIGANJUVENILELIFERSNOW, #ENDMASSINCARCERATION, #ENDSCHOOLTOPRISONPIPELINE 

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DUGGAN’S DECADES-LONG DETROIT DEMOLITION DERBY

“He’s the white mayor-he’s the right mayor” –Rev. Wendell Anthony on Mike Duggan re-election bid; supporters Benny Napoleon, Butch Hollowell, Chief James Craig, more 

1986-2002: Duggan Deputy Wayne Co. Executive under corrupt no-bid Ed McNamara 

1992: Duggan fired ME for reporting truthfully that Malice Green died from beating by Budzyn/Nevers; abolition of Detroit’s Recorders Court followed 

1999-2016: Duggan helped destroy DPS, beginning with 1999 summer contract bid scandal after state takeover, to complete elimination of DPS district in 2016 

2004: Duggan destroyed Detroit Medical Center with for-profit hedge fund takeovers 

2014 to present: In league with Detroit Police Chief James Craig, Prosecutor Kym Worthy, Black Detroiters killed, harassed by cops; Raynard Burton, 19, just died 

2014 to present: Duggan eliminated Detroit-owned assets including DWSD in wake of bankruptcy, increasing water shut-offs, floods, contamination, massive loss of city jobs

By Diane Bukowski 

Analysis 

Feb. 18, 2017 

DETROIT – Notoriously corrupt Detroiters including Rev. Wendell Anthony, Sheriff Benny Napoleon, and others came forward to shout and applaud “mayor” Mike Duggan’s announcement of his re-election bid on Feb. 3. Their adulation for Detroit’s first white “mayor” since 1974, illegally installed in violation of a Court of Appeals ruling, was mind-boggling. It reeked of U.S. President Donald Trump’s “America First” rhetoric and joyous cries of support from virtual neo-fascists.

Duggan’s lackeys ignored the U.S. Department of Justice’s ongoing criminal investigation of the bid-rigging demolition scandal Duggan and downtown czar Dan Gilbert are involved in. Duggan appointed Gilbert to head the “Detroit Blight Removal Task Force,” despite the USDOJ’s criminal charges against Gilbert’s Quicken Loans for its practice of blatant predatory loans. Quicken Loans is fifth in the number of foreclosures carried out by mortgage companies in Detroit. 

Homrich demolishing Detroit home.

Federal officials estimate that 60 percent of the work done to demolish Detroit’s affordable and historic housing base, owned largely by Blacks, was carried out by Duggan’s cronies including large white-owned companies like Homrich and Adamo. They got their federally-funded contracts despite being the highest, not the lowest bidders. 

Gilbert’s c0-czar and Duggan ally Mike Illitch recently died. He couldn’t take his  his new Red Wings arena, 68 percent funded by public tax dollars with him. That project, and others in downtown Detroit and the Cass Corridor (a/k/a “Midtown”) drove rank-and-file Detroiters, largely Black, out of their long-time homes. They are being replaced with high-priced arenas and luxury condo and retail developments, affordable only to interlopers from the suburbs and across the world.

Let’s look at Duggan’s racist and greedy history in Detroit. 

  • Painting of Malice Green by Bennie White Israel at site of his beating death by white Detroit cops in 1992.

    MALICE GREEN MURDER, 1992: As a Wayne County’s Deputy Executive, over the Medical Examiner’s office, he fired ME Khalil Jiraki, who refused to back down from his determination that Malice Green was beaten to death by two racist white cops—Walter Budzyn and Larry Nevers. Jiraki later won a $2.1 million settlement of his whistleblower lawsuit. But a Black jury’s verdict of “GUILTY” of second-degree murder in the Budzyn-Nevers trial led eventually to the state’s elimination of Recorders Court, where judges and juries were predominantly Black.

    Duggan remained in executive level positions under the late, notoriously corrupt no-bid Wayne County Executive Ed McNamara from 1986 to 2001.

  • WAYNE CO. PROSECUTOR, NOW ‘MAYOR’ DUGGAN: Duggan was elected Wayne County Prosecutor in 2000. In 2000, Detroit led the nation in the number of killings by police in large cities.  Detroiters rose up against killings by cops like Eugene Brown, but neither Duggan nor his successor Kym Worthy ever charged a single Detroit cop with murder. 

    Terrance Kellom,19

    K. Matthews

     Worthy refused to charge feds, Detroit. Dearborn cops for the brutal killings of Terrance Kellom, 19, Kevin Matthews, 32, and Janet White. 

    On Feb. 14, 2017, Detroit cop Jerroll Blanding just killed Raynard Burton, 19, under suspicious circumstances. The Metro Times identified the cop, who calls himself “Fatal Force” on Instagram, as a 22-year veteran of the department who killed a man in 2000 without justifiable cause. 

    Prosecutor Kym Worthy, DPD Chief James Craig, ‘mayor’ Mike Duggan

    Although Police Chief James Craig was appointed by former Detroit Emergency Manager Kevyn Orr, he still technically answers to Duggan. Duggan has done nothing to stop the police harassment and frame-ups directed at the new grass-roots Detroit youth organization, New Era Detroit, or the police targeting, harassment and murder of Black youth in Detroit.

    New Era Detroit members including leaders Scrill (top center) and Zeek (to his left) are joined by members of long-time renowned activist group Call ‘em Out in support of the youth group.

  • NED’s co-leader, Scrill, just faced two felony counts of assaulting, resisting andobstructing Detroit police as he led an Aug. 2016 NED peaceful community event and march.  Scrill has a concealed pistol license (CPL). HE was assaulted by a three cops who crept up on him from behind. A woman cop grabbed him around his waist, and reached around to take his gun from the holster he kept in the front of his pants. She dropped the gun on the ground, endangering not only Scrill, but numerous women and children on the march and watching in the neighborhood.  He was then dragged to a police car by the other cops, but finally released with only a ticket. The charges came three months later, but with broad support in the courtroom from both NED and Call ‘em Out members, a jury rapidly acquitted Scrill of both counts.
  • Duggan participated gladly in the first state takeover of DPS in 1999, heading a summer school repair program during which he set the pattern for what was to come: costly, no-bid contracts with campaign supporters.

    DUGGAN AND THE DETROIT PUBLIC SCHOOLS, 1999-2016: The current demolition bid scandal was not Duggan’s first. He began his participation in the concerted effort to destroy the renowned public school system of the nation’s largest Black majority city directly after the first state takeover of DPS in 1999. His name dominated the headlines in the Detroit News and Free Press, the Michigan Citizen, and elsewhere, with reports on no-bid scandals involving school renovation projects supervised by Duggan, who profited from contractor kickbacks as he got ready to run for Wayne County Prosecutor, and left DPS schools in absolute disrepair.

    Parents and students protest closing of historic Oakman Orthopedic School, DPS’ only school built for special-needs youth.

    Duggan has continued the destruction of DPS in recent years, supporting the plan to abolish the historic district and replace it with the Detroit Public Schools Community District, overseen by a state advisory board and the state School Reform Office (SRO) which is charged with closing five percent of the “lowest-performing” schools across Michigan every years.   

    The remaining shell district, the Detroit Public Schools, exists only to pay off the gargantuan debt accumulated by DPS under state control. Duggan along with City Council President Brenda Jones both sit on the state advisory board, outnumbered by (or included with) cronies of Michigan Governor Rick Snyder.

    Gov. Rick Snyder and ‘mayor’ Mike Duggan

    Under state control, Detroiters now face the shutdown of 24 schools this year alone. More than 200 schools, including some of the city’s most renowned high schools, have already been shut down beginning in 2005, due to massive debt deliberately accumulated by the state at the urging of Wall Street banks. 

    Most of Detroit’s schools are now in the hands of for-profit charter operators, in the wake of a similar attack on the majority-Black city of New Orleans. Since Hurricane Katrina in 2005, the entire public school district has been shut down and replaced by charters which are not accountable to students, parents or the community, but steal public tax dollars meant for public schools to benefit private billionaires.

    But activists including New Era Detroit are fighting back. NED held a rally at Pershing High School early this moth,  involving the students themselves. It began with a student drum line and was followed by talks from the students themselves, as well as NED leaders who explained the political implications of this attack on the majority Black school district.

    VIDEO: NEW ERA DETROIT

  •  DUGGAN AND DETROIT HEALTH CARE: Supported by his long-time lackey Malik Shabazz, Duggan ordained the shutdown of what remained of Southwest Detroit Hospital, the last of 200 Black hospitals in the city of Detroit. The hospital had become United Community Hospital, eventually run by the city’s only Black-owned HMO, Ultimed. All were driven out of business by the white health care industry, with Duggan’s support.

    Duggan celebrates sale of DMC to for-profit Vanguard Health Systems.

    As his reward, Duggan became president and CEO of the non-profit Detroit Medical Center in 2004. First he tried unsuccessfully to shut down the century-old Detroit Receiving Hospital in the DMC, previously Detroit’s only public hospital, staffed by largely Black workers and owned by the majority-Black city of Detroit.

    Then Duggan sold the DMC to the for-profit Vanguard Health Systems, 70 percent owned by the Blackstone Group, a Wall Street hedge fund, in 2010. Hundreds of workers were laid off, and services cut back, Vanguard’s M.O. across the U.S. The DMC was then sold to Tenet, another for-profit hedge fund-owned system. 

  • Protester at July, 2015 rally in downtown Detroit.

    UNDER DUGGAN, BLACK BUSINESSES UNDER ATTACK: Since Duggan took office, there has been a stepped up attack on the very existence of Black-owned Detroit businesses, including Bert’s at Eastern Market, the Tangerine Supper Club, the takeover of largely Black cab drivers’ jobs by Uber, and other entities. On July 25, 2015, Black business owners protested the war.

    “I’ve done business in Detroit for over 47 years,” Bert Dearing said during the rally. “My club was at 150 W. Jefferson beginning in 1957, but I was displaced from there and forced to move to Eastern Market. What programs is our government putting together for people of color to survive in Detroit?”

    The poverty rate for children in Detroit has risen to 59 percent, largely due to the lack of employment opportunities in white-dominated businesses for Black workers.

Gwen Mingo at her Brush Park home. She led a valiant campaign to stop the takeover of the storied Black neighborhood.

  • DUGGAN’S THEFT OF BLACK HOMES, LAND: Meanwhile, Duggan’s buddies Dan Gilbert and other billionaires continue to devastate the city with projects that drive more and more Blacks from their homes. They include the Brush Park project, and the white take-over of downtown Detroit with the building of arenas and creation of upscale, costly apartment residences which cater to whites. It is estimated that over 800 Black families and business owners were driven out from Brush Park by arson, foreclosures, and even murder over the past several decades. Now, Duggan and Gilbert want to turn the neighborhood into one that honors the wealthy white families of yore whose names adorn street signs, and build housing targeted largely toward high-income residents.

Blatant racism has reared its ugly head inside one complex downtown on Campus Martius, the Cadillac Square Apartments, where many white Quicken Loans employees live, with their rent subsidized by the company, owned by Dan Gilbert. But the building for years has housed Black tenants, and many remain. Now they are being threatened with violence and worse if they remain. (See video below).

Duggan has also collaborated with the Wayne County Treasurer in the foreclosure of tens of thousands of mainly Black-owned homes in the City of Detroit, based on tax bills that are fraudulent because the City of Detroit until recently has not conducted annual re-assessments of home values over the past 20 years. Although Duggan ordered a re-assessment, which was completed recently, its results are open to question. There is also no provision for monies to be returned to those whose property taxes were too high because of the lack of annual re-assessments in the past.

  • DUGGAN CARRIES WATER FOR MICHIGAN GOV. SNYDER, OTHER PERPETRATORS OF DETROIT BANKRUPTCY, DWSD TAKEOVER

Duggan celebrates Snyder’s signing of the “Grand Bargain.” It impoverished and even killed city retirees with health care cuts, and deprived residents of assets and services.

Duggan’s most disastrous role since he illegally took office as “mayor” in 2014 has been to carry the water (literally) for Detroit’s Emergency Manager Kevyn Orr and Michigan Governor Rick Snyder in their phony bankruptcy takeover of the city’s assets, jobs, and services. Duggan signed the contract with the Great Lakes Water Authority in June, 2015, giving up all but a few minor pipelines belonging to the Detroit Water and Sewerage Department. 

Duggan points out the minor part of the six-county DWSD that was left to Detroit under the Great Lakes Water Authority.

Since then, massive lay-offs have taken place in DWSD, obliterating at least 41 percent of the workforce in the nation’s third largest public water and sewerage department, and eliminated all but a few positions in the Detroit Wastewater Treatment Plan, the largest such plant in the country, and third largest in the world. 

WWTP workers attributed Detroit’s huge floods of 2014, along with the contamination of Lake Erie outside Toledo, to the shutdown of three major sewage pumps due to lack of worker oversight. Since then, under the GLWA, large parts of Detroit’s eastern suburbs have experienced repeated floods including a massive main breakdown that has destroyed numerous homes. There are continued reports of contaminated water from Bob-Lo Island south to Toledo. 

Massive Detroit area floods in Aug. 2014.

An equally massive program of water shut-offs has gone forth under Duggan, targeting the poorest residents of the city as the GLWA raises water rates. Sewage rates are disproportionately raised for Detroit residents, allegedly because of delinquencies in water bills. 

Duggan’s Chief Corporation Counsel Butch Hollowell went to Wayne County Circuit Court Judge Michael Hathaway in December, 2015, asking him to illegally seize control of the trial of the “Homrich 9” from 36th District Court, which Hathaway happily did.

Agnes Hitchcock of Call ’em Out arrested during first Homrich blockade.

The Homrich 9 were arrested as they blocked the entrance to the Homrich facility Duggan’s administration had contracted to carry out tens of thousands of water shut-offs to Detroit residents, shut-offs that continue to this day largely due to his sale of the Detroit Water and Sewerage Department to the Great Lakes Water Authority. Activists twice blockaded the entrance to the Homrich facility in 2014. Below is video of the first blockade in May, 2014, during which Agnes Hitchcock of Call ’em Out, among others, is seen being arrested.

Video above by Demeeko Williams of the Detroit Water Brigade

Don’t miss:

Call’em Out’s Sambo Awards Dinner!

Call ’em Out’s “Blackinaw Island” gathering May 31, 2014; Agnes Hitchcock in front, center.

                  Monday, February 27, 2017 6-10 pm

                              International Institute

111 Kirby west of Woodward Detroit (west of DIA) 

International Institute on Kirby east of Woodward

 

 

Tickets $10: Proceeds to support New Era Detroit’s Mission 

Call 313-874-2792 for tickets and further info

Some related stories:

http://voiceofdetroit.net/2016/05/06/genocidal-snyderrhodes-plan-harms-detroit-public-school-children-workers-residents/

http://voiceofdetroit.net/2016/03/29/detroit-kids-in-danger-bills-end-dps-pay-off-banks-with-state-control-tax-levies-closings-charters/

http://voiceofdetroit.net/2016/03/17/shame-on-wayne-features-dan-gilbert-sued-by-usdoj-mary-stafford-in-prison-re-1-mortgage/

http://voiceofdetroit.net/2015/12/11/protests-shut-down-detroit-bankruptcy-forum-run-rhodes-duggan-snyder-out-racism-v-city-cited/

http://voiceofdetroit.net/2015/12/02/judge-michael-hathaway-seizes-water-protest-verdict-from-black-detroit-jury-halts-trial/

http://voiceofdetroit.net/2015/11/08/layoffs-flood-detroit-water-dept-risk-public-health-rising-debt-higher-rates-more-shut-offs/

http://voiceofdetroit.net/2015/10/13/will-regional-takeover-of-detroit-water-make-residents-of-6-counties-drink-flint-water/

http://voiceofdetroit.net/2015/07/25/downtown-rally-protests-great-black-out-of-detroit-by-white-profiteers-politicians/

http://voiceofdetroit.net/2015/06/16/authority-approves-bankruptcy-theft-of-detroits-water-system-retirees-begin-referendum-campaign/

http://voiceofdetroit.net/2015/05/14/duggan-gilbert-target-brush-park-after-murder-arson-evictions-drove-black-residents-out/

http://voiceofdetroit.net/2015/04/24/u-s-sues-dan-gilberts-quicken-loans-over-mortgage-fraud-one-cause-of-detroit-blight/

http://voiceofdetroit.net/2015/03/29/unprecedented-katrina-of-tax-foreclosures-to-hit-detroit-wayne-county-march-31/

http://voiceofdetroit.net/2015/02/18/a-tale-of-two-elections-in-michigan-its-all-black-and-white/

http://voiceofdetroit.net/2015/01/07/stop-duggans-attack-on-cdbg-low-income-home-loans-demolition-of-detroits-housing-stock/

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/2014/11/03/plantation-detroit-public-assets-on-auction-block-this-week/

http://voiceofdetroit.net/2014/09/10/detroit-bankruptcy-great-lakes-water-authority-to-steal-largest-asset-of-largest-u-s-black-city-4/

http://voiceofdetroit.net/2014/08/21/near-catastrophic-failure-of-detroit-sewage-pumps-caused-detroit-floods-toledo-water-crisis-city-retirees-say/

http://voiceofdetroit.net/2014/08/03/detroit-water-shut-offs-city-takeover-still-on-full-blast/

http://voiceofdetroit.net/2014/02/04/moving-people-out-of-detroit/

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

Change.org petition to Judge Qiana Lillard, Chief Judge Kenny initiated 

Judge Lillard freed Bernard Young, on likely innocence grounds, last week

Lewis’ lawyer and SADO to withdraw during hearing

Lewis will argue his own case, based on multiple court precedents

By Diane Bukowski

February 12, 2017

DETROIT – Family and friends of Charles Lewis, imprisoned for 41 years for a killing committed by another man, on the basis of a court file declared lost last year, are asking  supporters to come to court Wed. February 15 at 9 a.m. Third Judicial Circuit Court Judge Qiana Lillard, who last week ordered the release of Bernard Young, citing the likelihood of his innocence, will hold a post-conviction hearing on Lewis’ case.

Meanwhile, they are also asking supporters to sign a new Change.org petition for Lewis’ freedom, at https://www.change.org/p/third-judicial-circuit-court-judge-qiana-denise-lillard-free-innocent-detroit-juvenile-lifer-charles-lewis-now?recruiter=1925993&utm_source=share_for_starters&utm_medium=copyLink.

Lewis’ current state-appointed attorney Valerie Newman of the State Appellate Defenders Office has given notice that she plans to withdraw from the case. She cites Lewis’ contention that she violated the attorney-client privilege by providing documents he gave to his previous attorneys to the prosecution, after Judge Lillard ordered his official court file re-constituted Nov. 11.

 “. . .the Court is unconvinced the loss of the Defendant’s file requires the dismissal of his case or . . . mandates a term of years’ sentence,” Judge Lillard said in that order. She said a juvenile lifer re-sentencing hearing required under the U.S. Supreme Court decision Miller v. Alabama (2012) can be held without the original official file.

Lewis, an accomplished jail-house lawyer, calls events in his case an example of “Rogue Justice.” He plans to present his own arguments at the hearing, based on an extensive synopsis citing numerous court precedents he authored Dec. 17, 2016. He is asking again that his case be promptly dismissed.

Lewis cites the following ruling in People v. Hyatt, a July, 2016 decision by a seven-judge  Michigan Court of Appeals panel:

 “. . . .Miller requires a hearing at which a court can receive evidence about, among other matters, the circumstances of the homicide offense, including the juvenile’s role in the offense. Such a hearing will almost inevitably produce conflicting evidence about the extent of the offender’s role, with the prosecution likely seeking to maximize the juvenile defendant’s involvement in the homicide and the juvenile defendant seeking to minimize that role. A sentencing judge tasked with weighing the offender’s role in the offense, when faced with conflicting evidence, will necessarily have to make a determination about which evidence to believe, i.e., a factual finding.”

See ruling at http://voiceofdetroit.net/wp-content/uploads/PEOPLE-v-HYATT.pdf .

Lewis says consideration of the circumstances of the offense will force the judge to decide which of two stories to believe.

 “The defendant’s case will present a more complex factual determination than most juvenile cases. . . .,” Lewis says. “This case involves the murder of off-duty officer Gerald Sypitkowski. It also involves two conflicting versions of how one man was killed on July 31, 1976 on the corner of Harper and Barrett Streets. One version is a lie and one version is the truth.

Juveniles claimed Lewis shot Sypitkowski at this bus stop at on Harper near Barrett; however, eyewitnesses including cop’s partner said his body lay on the other side of Harper after being gunned down by driver of White Mark IV going towards overpass. 

“The three juveniles that testified against the defendant made several different statements to the police. Without the files and records, those statements cannot be evaluated. . .There is a second version of the murder of Gerald Sypitkowski that involves four college students [eyewitnesses], a bouncer for Oty’s Saloon, William Eichman, and the deceased officer’s partner, Dennis Van Fleteren. Dennis Van Fleteren . . . testified that he was talking to Gerald Sypitkowski when a shotgun blast came from the driver’s side of a white Mark IV that struck and killed his partner.” See Lewis’ full letter/motion at http://voiceofdetroit.net/wp-content/uploads/CLlettermotion.compressed-1.pdf

Charles Lewis with mother Rosie Lewis in 1977, after his conviction.

The named witnesses backed up Van Fleteren’s account of the case. Van Fleteren obtained the license plate of the Mark IV, and police arrested its owner, Leslie Nathanial. However, then Detroit Police Sgt. Gil Hill released Nathanial after several hours under suspicious circumstances. “White Boy Rick” Wershe, a drug dealer and police informant in prison for nearly 30 years says he repeatedly told the FBI that Hill of took bribes in homicide cases, and a hitman said Hill asked him to kill Wershe. (See video below.)

Hill and the mainstream media tried to portray Lewis and the three juveniles as part of a vicious street gang called “The Kilbourne Killers.” However, Lewis recently wrote VOD, “All we did was went to parties together, skating, and occasionally we would have fist fights with other gangs. I only actually remember one gang fight.”

In a 2006 opinion on the case, Third Judicial Circuit Court Judge Deborah Thomas said in part, “It is hard to fathom that a jury would summarily dismiss the testimony of a police officer who was also the partner of the deceased in favor of three juveniles. I also have some questions as to how four juveniles in two cars could be missed by everyone on the scene of the crime.”

Judge Deborah Thomas

Judge Thomas also cited numerous profound irregularities in Lewis’ trials. She said a thorough reading of the first trial transcript (which is not available in complete form in the reconstructed file) shows Recorders Court Judge Joseph Maher dismissed the jury after testimony without a motion for a mistrial by either the prosecution or the defense. Thomas said that meant that Lewis should have been considered acquitted.

Instead, the “reconstructed” file includes only a listing of jury members on a ballot form, with a notation that there was a motion for a mistrial, in unknown handwriting, with Maher’s name printed in.

Under the double jeopardy rule in capital cases, Thomas said, Lewis should not have been re-tried, but been free as of March, 1977.

The County Clerk’s Register of Actions for Charles Lewis’ case still shows false information; Deputy Clerk David Baxter testified that everything before 2000 was lost during a computer update.

Lewis, however, said that a second trial was convened before Judge Ollie Bivins, Jr., a visiting judge who was the first African-American judge appointed to the Genesee County Circuit bench.

But, Lewis said, Maher quickly intervened and took the case over again. This time, Lewis recalled, there were no jury selection proceedings. When he walked into the courtroom, the jury was already seated and ready to hear the trial. That jury found him guilty despite the testimony of Sypitkowski’s partner. The only document existing in the “re-constructed” file is an MDOC document with no signature indicating he was convicted. There is no signed jury ballot.

Trial Judge Joseph Maher 1976

There is no record of the Bivins trial on the Register of Actions (ROA), which only includes events beginning with April 3, 2000. It still claims Lewis was convicted in front of  Judge Gershwin Drain, who has vehemently denied any involvement in Lewis’ case.

State court rules emphasize the vital importance of a valid Register of Actions in maintaining criminal case files. There is no way to properly evaluate what happened in a case unless the ROA exists.

Lewis’ prosecutor and defense attorney both had documented ties to mob figures. The real killer of Officer Sypitkowski, likely Leslie Nathanial, was known to be a bookie during a time when the mob controlled book-making throughout the city. Lewis says Sypitkowski’s killing was really a mob hit, and he was the fall guy rousted up by Sgt. Gil Hill to take the blame and cover for the mob.

Related stories:

http://voiceofdetroit.net/2017/02/11/bernard-young-free-after-27-yrs-bond-new-trial-granted-more-innocents-in-mich-prisons/

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

http://voiceofdetroit.net/2016/11/28/case-of-zerious-meadows-challenges-michigans-draconic-juvenile-lifer-re-sentencing-practices/

http://voiceofdetroit.net/2016/11/08/good-news-in-timothy-kincaid-juvenile-lifer-case-judge-recommends-immediate-parole/

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/2016/08/18/genocide-state-s-a-d-o-subject-michigan-juvenile-lifers-to-more-cruel-and-unusual-punishment/

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/2016/06/02/stop-torturing-michigans-juvenile-lifers-with-state-delays-freedom-now/

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

http://voiceofdetroit.net/2016/05/18/michigan-juvenile-lifers-score-6th-circuit-appeals-court-victory-in-hill-v-snyder/

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/2016/04/12/dying-in-prison-michigan-juvenile-lifers-get-new-hope-under-montgomery-still-face-obstacles/

http://voiceofdetroit.net/2013/02/12/u-s-judge-rules-all-michigan-juvenile-lifers-eligible-for-parole/

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/

#FREECHARLESLEWISNOW, #FREEMICHIGANJUVENILELIFERSNOW, #ENDMASSINCARCERATION, #ENDSCHOOLTOPRISONPIPELINE 

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BERNARD YOUNG FREE AFTER 27 YRS: BOND, NEW TRIAL GRANTED; MORE INNOCENTS IN MICH. PRISONS?

Others recently released due to false convictions in Wayne County: Davontae Sanford, Lamarr Monson, Thomas and Raymond Highers

More in state prisons with strong innocence claims include Charles Lewis, Michael Harris, Darrell Ewing

Charles Lewis’ next hearing in front of Judge Qiana Lillard Wed. Feb. 15, 2017, @ 9 a.m. Rm. 502, Frank Murphy Hall, Gratiot/St. Antoine

Where is the federal investigation of Detroit Police and Wayne County Prosecutor Kym Worthy requested after Sanford’s release?

By Diane Bukowski

February 10, 2017

Young’s family members joyfully embrace after ruling: Daughter Kenyetta Moore, niece Hontell Rogers, brother Braxter Young, and others. Photo: VOD

DETROIT – Bernard Young, 58, incarcerated for the last 27 years in Michigan’s prisons, joyously embraced family members on his release from Lakeland Correctional Facility after a judge vacated his sentence on six counts of molesting two young boys in 1988. He had been serving a term of 60-100 years.

Third Judicial Circuit Court Judge Qiana Lillard ordered Young released on $5000 personal bond pending a new trial June 5 after his accusers recanted several years ago. One testified on his behalf during a court hearing last September.

His legal team also produced evidence withheld by Detroit police that the two boys, 5 and 6, identified their stepfather William Clark as the real perpetrator long before Young’s conviction in 1989.

“I’m his baby brother, we’re the last of the brothers in our family,” said Braxter Young, weeping after the court hearing. He and other family members jumped for joy in the courtroom after Judge Lillard announced that Young would go free that afternoon, then drove out to the Lakeland Correctional Facility in Coldwater, Michigan to accompany him home.

For a heart-stopping moment, Assistant Prosecutor Abigail McIntyre had demanded that Young be sent instead to Wayne County Jail to be fitted with a tether pending a new trial June 5, as his family celebrated outside the courtroom, but Judge Lillard denied her request on resuming the bench.

Bernard Young’s family packs courtroom. Photo: VOD

“Why can’t they do the right thing, and seek justice, not just get convictions all the time?” asked Young’s attorney Solomon Radner, of Excolo Law, after the hearing. He cited the recent releases of falsely convicted Michigan men including Davontae Sanford, freed June 9, 2016 after nine years in prison, Lamarr Monson, granted a new trial in January for the murder of a 12-year-old girl after spending 20 years in prison, and Raymond and Thomas Highers, freed in Aug. 2012 after serving 25 years for murder.

Davontae Sanford

Lamarr Monson

Thomas and Raymond Highers

In Sanford’s case, Detroit police reports submitted the day after the infamous 2007 Runyon Street killings of four people indicated that eyewitnesses, including a woman who hid under the bed in the house, and a neighbor, said that the killer was taller and older than Sanford, 14 at the time. Hitman Vincent Smothers confessed to the killings shortly after Sanford was sentenced to 37 to 90 years in 2009. The DPD reports, available to Wayne County Prosecutor Kym Worthy, did not come to light until the Michigan State Police undertook their own investigation of Smothers’ hits.

Solomon Radner, Young’s attorney

In Young’s case, said Radner, a report from a police child abuse specialist, Sgt. Shelley Foy, who interviewed the boys in May, 1989, said “Clark did very horrible things to the boys.” That report was included in a package of documents obtained by Michigan’s Innocence Clinic and forwarded to Young. The Innocence Clinic had withdrawn from his case due to an unspecified conflict of interest, but Young’s sister Rhonda Holman contacted Claudia Whitman of the nonprofit National Capital Crime Assistance Network (NCCAN) for help. (Website at https://nccan.org/.)

Whitman said she contacted the complainants and got written affidavits from them recanting their identifications of Young. One, Thomas Tadlock, testified about Young’s innocence in court in September, 2016. He is seen in the video below.

Tadlock, who was six at the time, said “I was scared of William Clark, that he was going to kill me and my family and abused me for years, and he hurt us. Why? Because he said he would.”

Tadlock said he knew that Young, who had moved from his neighborhood before the cited abuse, had never touched him.

Claudia Whitman of NCCAN

The Detroit Free Press reported that Whitman also discovered that Clark had been charged with molesting the boys two months after Young was sentenced. Clark, who has since died, pled guilty to reduced charges, and got three years’ probation. The Free Press said the same assistant prosecutor, Kelly Ramsey, handled both Young’s case and Clark’s case, but said during last September’s hearing that did she did not remember whether the boys accused Clark before Young’s trial.

During the hearing, Assistant Prosecutor Abigail McIntyre said Worthy’s office would go forward with a new trial, and would appeal Lillard’s ruling setting him free. They are also appealing Lillard’s decision not to require a tether.

Judge Lillard denied McIntyre’s request for a stay without discussion, saying the prosecutor’s office could still obtain one on appeal.

Radner had argued for the bond, saying Young had only four to five tickets during his 27 years of incarceration, none of them for violent offenses. He said there is little likelihood of flight, since Young has a well-established family support system in Detroit. He added that Young had been before the parole board earlier and was given a chance at freedom if he confessed, but he refused to do so, insisting on his innocence.

Young’s sister and brother, Rhonda Holman and Baxter Young, are interviewed by Bill Proctor of the Swift Justice Initiative. 

She acknowledged allegations that one of the victims had been threatened into recanting, and refused to come to Michigan from Florida to testify with his brother, but said the prosecution has time to investigate before the new trial.

“I note the length of time that Mr. Young has been in custody, and I assume he would not have had an easy time in prison due to the nature of the offenses,” Lillard said. “But he has had no sexual misconduct offenses in prison, one complaining witness has already taken the stand and completely recanted, although another did not want to testify. I reject the defense’s claim of actual innocence, but feel that the likelihood of conviction is not great. It would be a disservice for Mr. Young to remain in prison.”

After Sanford’s release in June, 2016, the Detroit News commented in an editorial,

“[T]he Sanford case lends credence to other allegations of bungled justice against the prosecutor’s office. The University of Michigan’s Innocence Clinic has a fat file of cases in which it believes Wayne County and Detroit cops either ignored evidence of innocence or distorted evidence to prove guilt. [State Attorney General Bill] Schuette should review all those cases as well. Finally, if Sanford’s wrongful conviction is an indicator of wider problems in the Detroit Police Department and Wayne County Prosecutor’s Office, this is fertile ground for a civil rights investigation by the federal Justice Department.”

The need for such an investigation is even greater now. Other Michigan prisoners with strong innocence cases remain behind bars, including Charles Lewis, Michael Harris, and Darrell Ewing.

Charles Lewis

CHARLES LEWIS

Lewis, 57, will appear again in front of Judge Lillard Wed. Feb. 15 at 9 a.m. as part of a series of hearings related to the U.S. Supreme Court’s rulings in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) that juvenile life without parole is unconstitutional. 

His court-appointed attorney Valerie Newman of the State Appellate Defenders’ Office will formally withdraw from his case during that hearing. 

Lewis’ case file was completely lost, causing him to file a motion to dismiss his case based on U.S. Supreme Court and other legal precedents. Instead,  Lillard ordered it reconstructed. Lewis has objected to the validity of that order, and to Lillard’s order to have Newman turn over the files he gave her as a violation of attorney-client privilege. He and his family strongly contend that he is innocent of the killing of an off-duty Detroit police officer in 1976.

In a recent letter to Newman, Lewis said in part, “The defendant’s case will present a more complex factual determination that most juvenile cases. . . .This case involves the murder of off-duty officer Gerald Sypitkowski. It also involves two conflicting versions of how one man was killed on July 31, 1976 on the corner of Harper and Barrett Streets. One version is a lie and one version is the truth.

“The three juveniles that testified against the defendant made several different statements to the police. Without the files and records, those statements cannot be evaluated. . .There is a second version of the murder of Gerald Sypitkowski that involves four college students [eyewitnesses], a bouncer for Oty’s Saloon, William Eichman, and the deceased officer’s partner, Dennis Van Fleteren. Dennis Van Fleteren . . . testified that he was talking to Gerald Sypitkowski when a shotgun blast came from the driver’s side of a white Mark IV that struck and killed his partner.”

Michael Harris

The other witnesses in the Van Fleteren version of the killing backed his testimony at two different trials. Neither Lewis nor the three juveniles were seen at the scene by those witnesses. The driver of the Lincoln Mark IV was identified after Van Fleteren took down his license plate number, but released after a brief interview with then Detroit police sergeant Gil Hill.

In one opinion, Judge Deborah Thomas said that Recorders’ Court Judge Joseph Maher’s dismissal of the jury after the first trial in March, 1977, claiming falsely that the defense had called for a mistrial, meant that Lewis should have been acquitted then and never re-tried due to double jeopardy issues.

MICHAEL HARRIS

A DNA test recently proved that Michael Harris, convicted for the rapes and murders of four elderly women in 1981 and 1982 in Lansing, Ann Arbor, and Ypsilanti, was not the perpetrator in first of the series of killings, and in fact identified another man already on the FBI’s database of convicted offenders.  Harris is still in prison after 33 years, and no arrest has been made in the first killing, although prosecutors know where the man is.

Marilyn Jordan of the Detroit Crime Lab Task Force speaks to media before meeting with U.S. Rep. John Conyers June 28, 2011. At right is Task Force co-chair Roberto Guzman.

“I am 100% innocent,” Harris told the Detroit Free Press last year. “I had nothing to do with these crimes. The prosecutions were not about truth. They were about hate, racism and revenge.”

The MSP is now investigating how its crime lab handled all the Harris convictions. But Harris’ release has been stymied by judges and prosecutors in the three counties who have been dealing with his appeals.

During Harris’ time in prison, he and several other prisoners and their families founded the Detroit Crime Lab Task Force, now known as the Detroit Coalition to Free the Wrongfully Convicted. They have fought numerous other cases of false convictions throughout the state. Harris has helped other prisoners in those cases as a jailhouse lawyer. Until his death several years ago, Crime Lab Task Force co-chair Kevin Carey worked tirelessly with Harris to exonerate those wrongfully convicted.

Darrell Ewing

DARRELL EWING, DERRICO SEARCY

Darrell Ewing, now 28, was sentenced to life in prison in 2009 for first-degree murder.

His mother, LaSonya Dodson, told VOD,  “My son Darrell Ewing has been incarcerated for a crime he did not commit for seven years now. He is serving a life sentence. During his trial the federal government came in with sealed documents stating that a young man by the name of Tyree Washington was in the Macomb County Jail and had told several young men that he committed this crime. He has since then signed a sworn affidavit stating he was the shooter, and indeed neither my son Darrell Ewing nor his co-defendant were there and had any knowledge of the crime. The Michigan State Police are reinvestigating the case.”

Dodson said her son was attending a funeral with her and his family at the time of the murder.

Attorney Byron Pitts, who along with Allison Folmar represented Maryanne Godboldo, is representing Ewing on his appeal. Ewing’s co-defendant is Derrico Searcy. The Michigan Court of Appeals consolidated their cases, and later denied their appeals on various grounds. The Michigan Supreme Court refused to hear an appeal of the COA decision.

Derrico Searcy

Astoundingly, the COA decision states in part,

“Finally, Ewing asserts that he is entitled to a new trial, or an evidentiary hearing, based on the provision of an affidavit by Tyree Washington, which alleged that Washington ‘commited [sic] the murder of J.B. Watson’ and that Searcy and Ewing were ‘wrongfully charged’ and not present at the crime. Washington contended that the prosecutor in this matter indicated a lack of interest in having him testify at Ewing’s and Searcy’s trial ‘because they had who they wanted.’

“Washington indicated a willingness to waive his ‘Fifth Amendment rights of self incrimination’ and to ‘tak[e] full responsibility and consequences of my actions.’ In this instance, Washington’s assertion that he was the perpetrator of this crime is not newly discovered. Extensive testimony was elicited at trial from Christopher Richardson and LaJoia Stevenson indicating Washington’s assertions of guilt for the death of Watson.

“Defense counsel was informed by the prosecutor that Washington was in federal custody and had implicated himself in this murder. Defense counsel was clearly aware of Washington’s proposed testimony at the time of trial and the information was used, in part, to buttress Ewing’s alibi that he was elsewhere at the time of the homicide. As such, it cannot be construed as newly discovered. People v Rao, 491 Mich 271, 281; 815 NW2d 105 (2012); Terrell, 289 Mich App at 567.

Broken justice system.

“In the circumstances of this case, Washington’s assertion of culpability cannot be construed as newly discovered evidence. Information regarding Washington’s provision of exculpatory information was made available during the trial, and two witnesses even testified regarding his alleged statements. While Washington has now provided an affidavit and indicated a willingness to testify, this evidence is only newly available and, therefore, insufficient to justify the grant of a new trial. Id. at 567.” (See full opinion at http://voiceofdetroit.net/wp-content/uploads/COA-Ewing-Searcy.pdf.)

The ruling also refers to a contention by the defendants that one of two Black jurors swore she did not intend to vote “guilty,” after hearing other jurors say they had researched the case on Facebook and elsewhere on the internet. 

As attorney Solomon Radner says in the second video at the top of this story, the judicial system indeed appears to be broken.

Related:

http://www.freep.com/story/news/local/michigan/detroit/2017/02/08/sex-conviction-vacated-bernard-young/97611718/

MSP: WAYNE CO. PROS. KYM WORTHY KNEW DAVONTAE SANFORD WAS INNOCENT FOR 8 YEARS, NOT 8 MOS.

http://www.freep.com/story/news/local/michigan/wayne/2017/01/30/lamarr-monson-new-trial/97258426/

http://www.mlive.com/news/detroit/index.ssf/2014/04/wayne_county_prosecutor_kym_wo_17.html  (Highers brothers)

Note re: link below: Charles Lewis’ post-conviction hearing in front of Judge Lillard has been re-scheduled to Wed. Feb. 15 at 9am, Rm. 502, FMHJ

JUDGE DEBORAH THOMAS: CHARLES LEWIS SHOULD HAVE BEEN ACQUITTED, SENTENCE VACATED IN 1976 MURDER

http://www.freep.com/story/news/local/michigan/2016/09/11/michigan-dna-test-reopens-case-serial-killer/88836198/ (Michael Harris)

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SAVE DETROIT’S SCHOOLS! RALLY AGAINST CLOSURES FRI. FEB. 17, 2017@12NOON

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FELONY CHARGES VS. MARYANNE GODBOLDO DISMISSED DUE TO BRAIN TRAUMA FROM 5 YRS. LEGAL PERSECUTION

Maryanne Godboldo (center) greets dancers who performed “Testify” at 2011 rally for her at Hartford Memorial Baptist Church; sister Penny Godboldo, head of Marygrove College’s Dance Department, who choreographed the dance, at left. Both sisters, as well as Maryanne’s child Ariana, were trained dancers.

Mother gained world-wide renown for holding off SWAT team to stop harmful drug treatment of her child in 2011

Pros. Kym Worthy: “Godboldo not expected to regain competency . . . to stand trial;” kept appealing despite repeated dismissals of criminal case

Sister Penny: Godboldo’s health crisis hurts family, and “community on a national level . . .She was so vibrant, healthy and intelligent.”

“TESTIFY” for Maryanne: Funds needed for ongoing care; GoFundMe site on webpage  http://justice4maryanne.com/

Penny Godboldo comforts child as relatives and friends rally outside 36th District Court after Maryanne’s arrest in 2011.

DETROIT – “This is bittersweet,” Penny Godboldo-Brooks told VOD about the dismissal of numerous felony counts Jan. 31 against her sister Maryanne Godboldo.

“Thank God the legal court proceedings are over, but we should never have had to deal with them in the beginning. The tragedy and travesty is that Maryanne had to sacrifice her health due to the stress. This is a loss not just to our family, but to the community world-wide.”

Godboldo-Brooks said her sister, who suffered a massive brain aneurysm June 15, 2016 on the eve of a third criminal trial, had been helping many families fight state-sponsored child kidnapping and the forced administration of psychotropic drugs. She was also active in the home schooling movement. Godboldo has received numerous awards, including one from the International Citizens Commission on Human Rights in 2012, and another from the Libertarian Party Feb. 4, 2016. Godboldo-Brooks said she is pleased that such organizations are keeping her sister’s memory as she was, and her struggle alive.

On May 24, 2011, Godboldo held off tanks, police helicopters, and cops armed with assault weapons to keep authorities from seizing her daughter Ariana Godboldo-Hakim, then 13. Child Protective Services Worker Mia Wenk, who had no medical training, called in police to force Ariana back on the drug Risperdal, which has dangerous side effects, without a valid court order.

Maryanne Godboldo with photo of her daughter Ariana Godboldo-Hakim on the steps of their homes. Photo: Michigan Chronicle

After the stand-off, Godboldo was arrested and held on eight felony counts, and her daughter was forcibly institutionalized at Hawthorne Hospital in Northville, where she was medicated not only with Risperdal, but three other psychotropic drugs. Godboldo had been weaning her off Risperdal due to its negative effects, as the consent form she signed to put her daughter on the drug allowed her to do. During Ariana’s stay at Hawthorne, a prosthesis she had worn on her leg due to a birth injury was taken away to limit her movement, and the family alleged she had been sexually assaulted as well.

Wayne County Prosecutor Kym Worthy charged Godboldo with eight assaultive felonies after the stand-off, claiming she had fired a weapon inside her home.

Wayne County Prosecutor Kym Worthy nearly “persecuted Maryanne Godboldo to death” according to her attorney Allison Folmar.

Thirty-Sixth District Court Judge Ronald Giles and Third Judicial Circuit Court Judge Gregory Bill each dismissed the charges twice. Worthy appealed each time, finally taking it to the Michigan Supreme Court in May, 2016. The court sent it back for trial, which was to begin June 16, 2016, the day after Godboldo’s aneurysm, which nearly killed her.

On Jan. 31, Thirty-Sixth District Court Judge Ronald Giles dismissed the charges for a third time, at the request of defense attorneys Allison Folmar and Byron Pitts, during a highly contentious hearing according to attendees.

“Allison said they argued Maryanne could not defend herself, and that the prosecution finally said if the judge dismissed the case on those grounds, they would not contest it,” Godboldo-Brooks said.

Neither Folmar nor Pitts were available for comment before press time.

“The Wayne County Prosecutor’s Office dismissed the charges today because it has been determined that Ms. Godboldo is not expected to gain competency to stand trial,” Maria Miller, spokeswoman for the Wayne County Prosecutor’s Office, said in a statement. She later told VOD that if Godboldo does regain her mental competence, a determination would be made then whether to reinstate the charges, which were dismissed “without prejudice.”

Supporters outside 36th District Court after Judge Giles dismissed criminal charges a second time in 2014: (l to r) Debbie Williams, father Mubarak Hakim, Attorney Allison Folmar, Maryanne Godboldo, Helene Buchanan

“It is premature to speculate at this time,” Miller said. She said Worthy had no comment on whether her continued prosecution of Godboldo contributed to her brain injury.

Folmar said at the time of Godboldo’s aneurysm, “Her blood pressure had been rising and this caused a brain vessel to burst. Five years of court hearings took their toll.”

During those five years, the Godboldos lost their mother Lovey Godboldo, as well as Godboldo-Brooks’ husband Stephen Brooks.

“Maryanne was my strongest confidante after my husband and my mother,” Godboldo-Brooks said. “She is virtually incapable of any of that now. She was so vibrant, healthy and intelligent, and so well read.”

Godboldo-Brooks said she is taking care of her sister’s daughter Ariana now, and also cares for three grandchildren three days a week.

Ariana’s father Mubarak Hakim.

“Ariana has up and down days,” Godboldo-Brooks said. “She misses her mother terribly, but her father Mubarak Hakim has stepped up to the plate and is very much in her life. I have to go see Maryanne virtually every day to ensure she gets taken care of. This is the third nursing home she has been in.”

She said Maryanne is improving, but cannot speak, and that she hopes she hears what she talks to her about every day. She said she sees reactions in her sister’s face. Godboldo-Brooks said she is working with medical personnel to eventually to bring her sister home to care for her there.

Godboldo-Brooks worked at Marygrove College as a tenured faculty member for 35 years, 18 of them spent as chair of the Dance Department and three of them as chair of the Division. She said she recently retired, despite loving her job, due to her family obligations.

Dancers performing “Testify” at rally for Maryanne Godboldo and daughter Ariana Godboldo-Hakim in 2011. Dance choreographed by Penny Godboldo-Brooks.

TESTIFY FOR MARYANNE: Her family remains in serious need of funds for her care. To access GO FUND ME site for her, go to website at http://justice4maryanne.com/

Facebook page: https://www.facebook.com/pages/Justice-for-Maryanne-Godboldo/178678602179610

Twitter: https://twitter.com/jstice4maryanne

Related stories:

http://voiceofdetroit.net/2014/03/15/godboldo-victory-judge-giles-dismisses-criminal-charges-again/

http://voiceofdetroit.net/2014/02/23/global-hero-maryanne-godboldo-back-in-court-new-criminal-hearing-set-for-march-14/

http://voiceofdetroit.net/2013/06/01/michigan-court-re-instates-criminal-charges-against-maryanne-godboldo/

http://voiceofdetroit.net/2012/07/09/state-county-pursue-prosecution-of-maryanne-godboldo-and-her-child/

http://voiceofdetroit.net/2012/05/18/michigan-supreme-court-upholds-right-to-resist-police-misconduct/

http://voiceofdetroit.net/2011/12/13/double-victories-for-maryanne-godboldo-and-family/

http://voiceofdetroit.net/2011/12/06/worthy-tries-to-reinstate-charges-against-maryanne-godboldo-hearing-set-for-fri-dec-9-9-am-judge-gregory-bill/

http://voiceofdetroit.net/2011/10/31/stop-state-child-abductions-support-godboldos-tues-nov-1-12-noon/

http://voiceofdetroit.net/2011/08/30/9604/

http://voiceofdetroit.net/2011/08/17/police-invade-godboldo-home-2nd-time-in-belated-evidence-search/

http://voiceofdetroit.net/2011/08/16/jury-rules-against-maryanne-godboldo-in-custody-trial/

http://voiceofdetroit.net/2011/08/08/tangled-web-in-godboldo-case-drug-cos-private-and-public-agencies-judge-dhs-all-benefit-from-child-abduction/

http://voiceofdetroit.net/2011/08/08/ariana-godboldo-hakim%e2%80%99s-parents-tell-of-loving-life-with-daughter-during-custody-trial-nso-worker-testifies-she-admitted-child-to-psychiatric-hospital-without-family-consent-or-doctors-orde/

http://voiceofdetroit.net/2011/08/03/another-shock-no-judge-authorized-ariana-godboldos-removal/

http://voiceofdetroit.net/2011/07/27/shocking-new-details-in-godboldo-police-stand-off-case/

http://voiceofdetroit.net/2011/07/23/broad-support-at-maryanne-godboldo-rally-pack-36th-district-court-mon-july-25-830-a-m/

http://voiceofdetroit.net/2011/07/15/my-child-does-not-belong-to-the-state-rally-for-maryanne-godboldo-sun-july-17/

http://voiceofdetroit.net/2011/07/11/godboldo-hearing-adjourned-to-mon-july-25-830-a-m-%e2%80%9cpromptly%e2%80%9d-mother%e2%80%99s-supporters-to-rally-sun-july-17-8801-woodward-4-6-p-m/

http://voiceofdetroit.net/2011/06/28/judge-ewell-revokes-stay-on-criminal-charges-v-maryanne-godboldo-attorneys-protest/

http://voiceofdetroit.net/2011/05/06/judge-orders-godboldo-daughter-home-to-family-may-6/

http://voiceofdetroit.net/2011/05/02/pack-court-hearing-may-4-to-demand-ariana-godboldos-release/

http://voiceofdetroit.net/2014/03/26/12-year-old-child-hangs-himself-after-rubber-stamped-cps-seizure-from-family-prescription-of-drug-risperdal/

http://voiceofdetroit.net/2013/06/09/family-describes-military-raid-on-aiyana-jones-home-cop-says-presence-of-kids-didnt-matter-in-mission/

http://voiceofdetroit.net/2012/05/18/michigan-supreme-court-upholds-right-to-resist-police-misconduct/

http://voiceofdetroit.net/2012/02/25/wayne-co-requests-appeal-on-dismissed-maryanne-goldboldo-case-almost-30-days-late/

http://voiceofdetroit.net/2011/08/24/referee-youssef-orders-mother-from-home-after-cps-claims-5-children-suffer/

http://voiceofdetroit.net/2011/08/17/detroit-father-of-5-pursues-federal-civil-rights-suit-against-mia-wenk-dhs-judges-agencies-for-removal-of-children/

http://voiceofdetroit.net/2011/08/07/u-s-johnson-johnson-wrongly-marketed-risperdal-to-kids/

http://voiceofdetroit.net/2011/04/26/judge-orders-joint-medical-plan-for-ariana-in-one-week-subsequent-release-from-hawthorn-center/

http://voiceofdetroit.net/2011/04/14/%e2%80%9ci-want-my-daughter-back-now%e2%80%9d/

http://voiceofdetroit.net/2011/04/08/mother-wins-indefinite-stay-of-criminal-proceedings/

http://voiceofdetroit.net/2011/04/08/justice-4-maryanne-free-ariana/

http://voiceofdetroit.net/2011/03/29/community-rallies-behind-mother-accused-of-stand-off/ 

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NOT GUILTY x 2! VICTORY FOR SCRILL, NEW ERA DETROIT, COMMUNITY

James Eberheart Jr. (Scrill) at center in back, surrounded by supporters including Call’ Em Out members, at the beginning of his trial Jan. 25, 2017.

Jury took one hour to acquit James Eberheart, Jr. (Scrill) of two counts of “assaulting, resisting and obstructing” Detroit cops 

Jury discredited conflicting testimony of 4 officers, efforts of prosecutor 

Officers testified they would have shot Scrill 

Many generations, including members of Call ‘em Out, packed court  

By Diane Bukowski 

January 28, 2017 

Note correction: Attorney Victoria Burton-Harris was incorrectly identified in portions of an earlier version of this story as Atty. Victoria Burton-Hill. 

Defense attorney Victoria Burton-Harris with client Scrill after not guilty verdict Jan. 27, 2017.

DETROIT – “It’s just an honor to have a jury of my peers come out and show their true power, to find me not guilty, to see everything that really transpired instead of the allegations that the officers who perjured themselves made,” James Eberheart, Jr. (Scrill) told VOD Jan. 27, as jubilant supporters gathered around.

“Just because they are in the uniform of power does not mean they have the power,” he continued. “All of my positive energy will now go out to the people across the nation, and I will continue to be of service to the community. It feels great to walk away without two felonies on my record, which would have stopped my growth in life and my work for Detroit’s children.”

After only one hour of deliberation, a jury with seven Blacks, one Arab-American, and four whites had just found Scrill “not guilty” of two felony counts of “assaulting, resisting and obstructing” Detroit police officers Katrina Duplessis and James Cook. The charges arose from a New Era Detroit (NED) community event on Detroit’s northwest side Aug. 6, 2016.

A conviction could have meant four years in prison and an end to Scrill’s work mentoring Detroit youth in the schools, among other consequences. New Era Detroit has claimed ongoing police harassment and intimidation, directed at the growing group of young Detroit activists mobilizing for political, economic and social justice at the grass roots level.

Atty. Victoria Burton-Harris, Scrill and law clerk Robert Burton-Harris listen to prosecutor’s closing statement Jan. 26, 2017.

According to the Register of Actions, a warrant for Scrill’s arrest on the charges was not issued until Sept. 27, 2017, long after he was released after his arrest Aug. 6, 2016, when he was ticketed for blocking the street.

Scrill told VOD earlier, “I work with NED for the concerns of the civilian community, dealing with the right to vote, freedom of speech, the right to assemble, and the Second Amendment, the right to defend ourselves. We do school tours, mentoring youth and getting them more involved in the community. I spearheaded the ‘Black to Reality’ program, and also the ‘Building Young Kings’ program at Pershing High School. I have a passion for dealing with special needs children.”

Attorney Victoria Burton-Harris, who represented Scrill, assisted by her law clerk/husband Robert Burton-Harris, told VOD after the acquittal, “It’s a relief that when officers lie and are caught in their lies, they don’t get away with it. They are responsible to their community.”

NED sponsors “Building Young Kings” program at Pershing High School. Photo: NED

She stressed during the trial that Scrill had only been exercising his right to defend himself against unlawful police conduct, as the Michigan Supreme Court ruled in People v. Moreno (2012). (See http://voiceofdetroit.net/wp-content/uploads/People-v-Moreno-MSC-opinion.pdf.) 

Testimony in Scrill’s trial lasted two days in front of Wayne County Circuit Court Judge Qiana Lillard.

AP Veronique Tu

Assistant Prosecutor Veronique Tu claimed in her opening statement that Duplessis and Cook followed members of New Era Detroit during a street march that began on Joy Road and turned onto Greenview Avenue Aug. 6.

“At some point, they noticed the defendant appeared to have a gun in his waistband,” Tu told the jury. “The defendant ignored their command to get out of the street and the officers moved in to get his gun. The defendant didn’t say he had a Concealed Pistol License [CPL], and he was charged with resisting and obstructing. That doesn’t have to mean physical violence, just a knowing failure to comply with the law.”

Attorney Burton-Harris presented the video below, taken by New Era Detroit members, at the beginning of her opening statement to the jury.

“These were young people engaged in going door-to-door to register people to vote,” Burton-Harris said. “Some had children with them. Every single week, they went through the neighborhoods to engage the residents. This time, the sidewalks were obstructed by construction, so they went into the street. The cops just waded through the group to where James Eberheart was walking. They didn’t say anything. A female officer shoved her hand down the front of his pants from behind him. The gun was inside a holster very close to his genitals. It was loaded, with a hot rod in the chamber, ready to go off at any moment. She got it and then dropped it on the pavement.”

She said the officers then grabbed Eberheart as he explained that he had back problems and asked them not to handcuff him too tightly. She said they never spoke to him prior to seizing his gun and him, then belatedly investigated, found he had a CPL, and released him.

Tu presented testimony by four Detroit cops involved in the incident, who often contradicted each other. They claimed they had given Eberheart several face-to-face orders to get out of the street, but that he ignored them.

Officer Katrina Duplessis testified she and her partner Phillip Cook activated their police car’s sirens and emergency lights after observing a crowd of 25-30 people. She said she got out and approached Scrill from five feet away, ordering him to clear the road, but that he ignored her, stood with his fist in the air, and kept on going. She said she observed “the handle of a weapon” in his waistband when his shirt rode up, and advised Cook that he had a gun when she got back in the car.

Duplessis stood and demonstrated Eberheart’s alleged stance at the time, pointing to where she claimed his gun was. She said he continued to ignore subsequent commands, and that they then waited for back-up.

These two officers sat in on trial in uniform, laughing, but did not testify. Were they on duty?

“Then I walked up to him and apprehended him,” Duplessis said. “My partner grabbed his left arm. I tried to grab his right arm but he pulled it down, placed his forearm over my arm and asked ‘What’s going on?’ I retrieved his weapon, made it safe, and placed it in the scout car.”

She said she took the gun because she suspected Eberheart of committing the crime of carrying a concealed weapon. In a video presented by the prosecution, Duplessis could clearly be seen putting her arm abruptly and tightly around Scrill’s waist from behind.

On cross-exam by Atty. Burton-Harris, Duplessis admitted that Scrill did not threaten the officers with his fist, or draw and brandish his gun at them.  She said she did not recall that Scrill’s gun was in a holster, never read him his Miranda rights, and denied that she dropped the gun on the ground after removing it. She said she did not ask him if he had a license to carry the gun, and that he “screamed” he didn’t have a gun.

Burton-Harris asked her, “Is attempting to disarm a man, threatening the subject by unsuspectingly grabbing his waistband from behind, meant to keep the officer and the public safe?” Burton-Hill asked. Duplessis responded, “Yes.”

New Era Detroit Hood to Hood/Photo NED

Officer Phillip Cook testified that HE was the one who got out of the scout car and approached Eberheart to tell him to get out of the street.  He said he was three feet from him, “directly in his face.” He reiterated Duplessis’ testimony that Eberheart ignored him and put his fist in the air, and that it was then that Cook saw a gun in his waistband.

He said he and Duplessis then followed Eberheart through the crowd, as he was running away, being “evasive.” He said Eberheart struggled with him for “three to five minutes” as he tried to grab his left arm while Duplessis was removing his gun, and that Eberheart also struggled with her over the weapon, as a crowd converged around them.

Judge Qiana Denise Lillard during Scrill’s trial Jan. 26, 2017.

He said Eberheart was in danger of being shot by the police at that point. Burton-Hill asked him on cross, “Your testimony is that he could have lost his life?”

With the jury out of the courtroom, Judge Lillard denied Atty. Burton-Harris’ request to admit the firearms statute governing concealed pistol licenses into evidence. That statute specifies that an individual with a CPL must show his driver’s license and CPL to an officer “upon request,” or upon “being stopped.” (See http://voiceofdetroit.net/wp-content/uploads/Concealed-pistol-requirements-mcl-28-425f.pdf.)

Burton-Harris contended that police never made a request to Eberheart, and that he was illegally “stopped.” Burton-Harris asked Cook on cross-exam if the CPL disclosure requirement meant that someone passing an officer on the street should say “Good morning to you, top of the morning to you, I’m carrying a concealed pistol.”

Cook responded, “Yes.”

Cook said he never told Officers Jason James and James Corsi, who had arrived in the back-up unit and followed him and Duplessis into the group, that he suspected Eberheart had a gun.

Burton-Harris also asked him whether he and his partner seized Eberheart because he was leading the group at the front of it, not running away. Cook did not respond.

Officer Jason James of the back-up unit testified that he and his partner James Corsi exited their vehicle shortly after Duplessis and Cook had, and saw them walking up to Eberheart and speaking to him.

“He [Eberheart] turned away and dropped his right arm at his waistband,” James said. “She [Duplessis] reached around on his right side. At that time I saw what appeared to be the butt of a gun. Officer Cook grabbed his other arm. A crowd gathered and I attempted to move them away but they would not leave. Then I looked over and saw them [Duplessis and Eberheart] struggling over the gun. I grabbed the defendant’s right hand off the gun and put him in an ‘arm bar.’”

Leaders of New Era Detroit, including (2nd from left) Scrill and Zeek; with Agnes Hitchcock of Call’em Out

He said he ordered Eberheart to drop the gun, and put him in an “arm bar.”  He said he and Cook escorted Eberheart to the police car and detained him for “not following a lawful order.”

Judge Lillard refused a defense request to allow James’ police report into evidence. On cross-exam, he said his original statement in the report that he observed Officer Cook asking Eberheart for his CDL and paperwork was incorrect.

The defense introduced an expletive-laced police car audiotape in which James and his partner Corsi extensively discussed the first officers’ version of the incident prior to exiting their car. Corsi, a two-year veteran, decried the incident, saying such cases were “pushing him more and more out of law enforcement.” He said that the first officers needed “to do a better job of communication.” He said he saw Duplessis’ hand inside the defendant’s pants.

Corsi testified on cross that he did not see any interaction between Eberheart and the first two officers, except that he might have heard someone say “Stop.” He said three officers, his partner James, Duplessis and Cook, went toward Eberheart and grabbed him.

Judge Lillard denied a defense motion for a directed verdict after the prosecution rested.

Regina Walker shows how cops grabbed Scrill from behind after disarming him. She said his gun flew to the pavement, endangering the crowd.

The defense opened with the testimony of Regina Walker, who said she was part of the New Era Detroit group that day.

“We were talking to people in the neighborhood as part of our Hood to Hood campaign,” which we did monthly, Walker testified. “We gave information on light and gas bills and safety.” She said the group frequently went door-to-door during such campaigns.

She said she saw the first police car pull up at Joy Rd. and Greenview, with no lights or siren on. She thought they were going to go away, but then they came back, and Duplessis opened her door, while Cook kept his shut.

“Eberheart was all the way up front,” Walker testified. “The police car was in the very back. All of a sudden a bunch of police cars came up. I asked the officers, ‘Are you going to shoot’?”

Walker said Duplessis had her hand on her gun and Cook had his on his taser.

“They burst through the crowd and grabbed Eberheart from the back,” Walker testified. “The female officer was reaching for his weapon, and when she took it out of the holster she dropped it on the ground.”

Walker specified on cross exam that three officers grabbed Eberheart, and four were involved in apprehending him.

She said Eberheart appeared “confused.” At that point, Judge Lillard interrupted Walker’s testimony with no objection from the prosecution, as she did several times during her testimony. She had the jury leave the room and ordered Atty. Burton-Harris to take Walker outside to instruct her that she could not testify to another person’s state of mind.

Scrill, on witness stand, listens to police audiotape Jan. 26, 2017.

When Walker returned, she said she was about 15 feet away from the officers and Eberheart. She repeated that the officers had grabbed Eberheart from the back, spun him one way, then tried to turn him the other way, and put one arm behind his back. She said he struggled at first and then stopped once he realized that it was police who had grabbed him.  She said she did not hear any of the officers say anything to Eberheart. She said she heard Eberheart telling the officers he had a back injury and not to be rough with him.

“I never heard them give a command to Eberheart,” Walker said. “They never approached him before, only when they grabbed him. The other officers jumped out of their cars telling us to disperse. I asked a neighbor if I could sit on her porch to observe. I was not afraid for me, I was afraid for the people on the side where the officer took out his gun and it fell on the ground. It could have gone off. We did have children with us.”

She said police had harassed every Hood to Hood event she had participated in. Judge Lillard sustained the prosecutor’s objection to that testimony. On cross, Walker said she was only afraid for the people, not for the officers, a point which the prosecution tried to belabor.

Scrill then took the stand himself to testify.

“I was protecting myself,” he said. “I was in fear for my life. Someone coming from behind caught me off guard.” On cross, he said he did not see who grabbed him. He said he removed his left wrist at first, then looked behind and saw that they were officers and ceased resisting.

He said he had a valid CPL and driver’s license, which he showed Cook after he was handcuffed. Scrill said Cook told him he was trying to get his attention previously.

“I asked him what did he say?” Scrill said. “He told me he said ‘Excuse me, sir.’ I told him there were a lot of ‘sirs’ out there.”

Scrill with Call ’em Out member Gladys Woolfolk after acquittal Jan. 27, 2017; others from the older generation included Les Little, BabaCharles Simmons and MamaSandra Simmons of Hush House, Debbie Williams

The defense replayed the prosecution’s audiotape of the event, during which Cook can be heard demanding that Scrill acknowledge him “as a man” during their conversation at the scout car. On cross, Scrill denied any contact with the police or hearing any orders from them prior to their grabbing him from behind.

After Judge Lillard gave the jury instructions, they retired to the jury room to deliberate for about 15 minutes. When she had the court officer knock and tell them the day was over, they could be heard loudly saying, “Oh, no!” It appeared that they wanted to render their not guilty verdict that day.

Supporters said several jury members congratulated Scrill and his supporters as they left the court Jan. 27.

Contact information for New Era Detroit:

Website http://neweradetroit.com/  

Facebook: https://www.facebook.com/NewEraDetroit/

Legal defense GOFUNDME page at https://www.gofundme.com/NewEraDetroit.

CALL ‘EM OUT DINNER-NED FUNDRAISER 

Turn out for one of Call ’em Out’s previous annual dinners. Call’em Out helped pack the courtroom for New Era Detroit leader Scrill’s trial and plans to donate all proceeds from their dinner this year to NED, calling it “Passing the Torch” to a new generation

       Call’em Out’s Sambo Awards Dinner!

                       Monday, February 27, 2017 6-10 pm

                                 International Institute

111 Kirby west of Woodward Detroit (west of DIA) 

International Institute on Kirby east of Woodward

Tickets $10: Proceeds to support New Era Detroit’s Mission 

Call 313-874-2792 for tickets and further info

#NewEraDetroit, #CallemOut, #AllPowertothePeople, #NewEraNation, #WeAllWeGot

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