Court says When the [mostly white] Missouri Parole Board Denied Parole for [mostly Black] Juveniles Serving Life Sentences, It violated the 8th Amendment Prohibition on Cruel & Unusual Punishment

While a number of states continue to use life without parole sentences for juveniles, new research shows that those juveniles are largely and increasingly people of color. A recent study by researchers from the Phillips Black Project found that people of color are overrepresented in the juvenile life without parole population “in ways perhaps unseen in any other aspect of our criminal justice system.”

Young black people are hit hardest by prosecutors’ punitive approach. This is unsurprising. Black children are more likely to be punished by their teachers for the same behaviors, are 2.3x more likely to be referred to law enforcement by school officials, and 3x more likely to be suspended or expelled than their white peers.

Being sentenced to die behind bars, however, is especially egregious. The Phillips Black Project found that black youth are twice as likely to receive a juvenile life without parole sentence compared to their white peers for committing the same crime. [MORE]

 The Missouri Board of Probation and Parole allegedly toyed with prisoners during hearings by PLAYING WORD GAMES DURING HEARINGS - trying to get them to say a chosen word or song title of the day, such as “platypus” and “Hound Dog.” [ more ]  THE PAROLE BOARD  CONSISTS OF 6 MEMBERS, 5 are white.

The Missouri Board of Probation and Parole allegedly toyed with prisoners during hearings by PLAYING WORD GAMES DURING HEARINGS - trying to get them to say a chosen word or song title of the day, such as “platypus” and “Hound Dog.” [more] THE PAROLE BOARD CONSISTS OF 6 MEMBERS, 5 are white.

From [HERE] A judge for the US District Court for the Western District of Missouri ruled Friday that recent parole hearings violated the constitutional rights of inmates who are serving life without parole for juvenile offenses (JLWOP).

The plaintiffs in this case are all people in Missouri prisons for homicide offenses committed when they were less than 18 years old. Originally, they all received sentences of life without the possibility of parole. “However, the United States Supreme Court recently held that a mandatory sentence of life without parole for a person who was under the age of 18 when he committed the offense violates the Eighth Amendment prohibition on cruel and unusual punishment.” Each of the plaintiffs in this case had a parole hearing, and each of them were subsequently denied parole.

In the order, the judge gave the Missouri Parole Board 60 days to present “a plan for compliance with applicable statutory and constitutional requirements.” This plan should have revised procedures to ensure that all inmates serving JLWOP sentences “are provided a meaningful and realistic opportunity for release based on demonstrated maturity and rehabilitation.”

Missouri has 94 juvenile inmates serving life. [MORE] Most of them are non-white. [MORE]

Rule by Force & Slavery: Former Political Prisoner says Saudi Tyrants are Using Khashoggi’s Disappearance to Send Message to Critics 'If You Oppose Us this is what will Happen to You'

https://democracynow.org - Saudi Arabia will allow Turkey to search its consulate in Istanbul Monday afternoon, nearly two weeks after prominent journalist and Washington Post columnist Jamal Khashoggi disappeared after entering the consulate on October 2. He has not been seen since.
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[MORE] and [MORE]

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Testi-Lying Straw-Boss, Black Police Chief Offers a Vigorous Defense of His Master’s History of Brutalizing Blacks in Case of Syracuse Cops’ Cover Up & Beating of Black Man who Called 911 for Help

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According to FUNKTIONARY:   

Straw-Boss  - a Sambo who is appointed a certain oversight role for the white power Overseer. It is the job of the Straw Boss to establish a formal organization to effectively and systematically carry out the wishes of the white supremacist power matrix while serving his own personal needs and ends through patronage power. 2) a ranking SNigger. 3) Toby. 4) "Safe Negro." 5) responsible (to the white supremacist ideology) Negro. 6) the gatekeeper for black professional positions gained through (acquiesced) to various sexual positions. 7) Pork Chop Boy. (See SNigger & McNegro)

Negro - a man or woman of Afrikan descent living in pathological mental state of cultural abstinence and historical amnesia— one who wants to impress his or her oppressor while ignoring the effects and plight that his or her accommodationist posture inures. [MORE

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From [HERE] Syracuse police Chief Frank Fowler [in top photo above] spent four often-contentious hours on the witness stand Friday defending his department's history on the use of force and discipline.

Fowler was the last witness to take the stand Friday in a federal lawsuit against three of his officers and the city. Alonzo Grant Sr. claims officers violated his constitutional rights by beating him up after he called for help resolving a dispute involving his daughter in 2014. 

The lawsuit accuses the officers of false arrest, falsified police reports and conspiracy to deprive Grant of his constitutional rights. The suit also accuses the Syracuse Police Department of discriminatory policies and practices.

Grant's attorney, Charles Bonner, argued Fowler and his department have routinely allowed officers to get away with excessive force. The lawyer raised several past claims against the department.

Bonner effectively put on trial Fowler's management of the department he's run for nine years, showing how rarely he's disciplined cops for brutality. Fowler is leaving the job at the end of this year.

Fowler was having none of it. 

He defended his department's policies and refused to accept lawyers' characterizations of those previous cases of violence between police and civilians. He didn't discipline officers in Grant's case, he said, because the officers' actions didn't violate the department's use of force policy.

Grant, Fowler said, resisted arrest by attempting to assume a "tabletop position" on all fours while two officers tried to subdue and handcuff him. Officers had grabbed Grant from behind and tackled him to the ground after he punched a screen door while leaving his home.

The officers - Damon Lockett and Paul Montalto - punched and kicked Grant, according to his attorney, leaving Grant with a concussion, broken nose and other injuries. The lawsuit also names Sgt. Brian Novitsky, who Grant claims lied in police reports to cover up the excessive force used in the arrest.

Grant worked at St. Joseph's Hospital Health Center for more than 30 years and has no criminal record.

All charges against Grant were eventually dropped by the Onondaga County District Attorney's Office. DA William Fitzpatrick - who also testified Friday - said Grant's good character was considered when determining whether or not to bring charges.

  BLACK ON BLACK CRIME IN SERVICE OF RSW.  Officer Damon Lockett, acknowledged that he punched Alonzo Grant in the head 10 times during a bloody arrest, but he testified that his actions were justified. [ MORE ]

BLACK ON BLACK CRIME IN SERVICE OF RSW. Officer Damon Lockett, acknowledged that he punched Alonzo Grant in the head 10 times during a bloody arrest, but he testified that his actions were justified. [MORE]

After the department received an anonymous complaint about Grant's case, it was investigated by former Cpt. Thomas Galvin, who was head of professional standards (commonly called internal affairs). Galvin issued a report saying the claims were unfounded and no discipline was recommended against the officers. Fowler reviewed and approved the report.

Bonner described that report as incomplete, since Galvin didn't interview the witnesses listed on the complaint form.

Fowler said Galvin tried to interview Grant's wife. When Galvin reached her, however, she said her attorney - Bonner -- had advised her not to be interviewed. Bonner later contested that timeline.

During his testimony, Fowler described the internal system the police department uses to track all instances of physical force, called Blue Team. That system, he said, flags an officer if he or she has multiple physical altercations in a short period and alerts command staff.

He described at least one instance in which an officer was disciplined and later resigned after an accusation of excessive force.

Grant's case, he said, was processed in Blue Team.

Bonner repeatedly asked Fowler whether the officers' actions during Grant's arrest constituted excessive force. Fowler stood by Galvin's report justifying the use of force.

Bonner then shared with Fowler a "hypothetical" scenario that mirrored the Grant's version of the events. He described two officers -- one white, one black -- throwing a man off a stoop then hitting and kicking him, even after he was handcuffed.

He asked Fowler if a reasonable officer would consider that to be excessive force.

"It could be," Fowler said after a long pause.

"It could be? Is that your answer?" U.S. District Court Judge David Hurd interjected.

"It could be, yes sir," Fowler said.

Throughout his testimony, Fowler was unwavering as Bonner described a department lacking in accountability to the citizens of Syracuse. Bonner implied Fowler and the department shirked their duties to protect Grant's 4th Amendment rights against unreasonable searches and his right to safety and security in his own home.

Bonner detailed instances in which officers used physical force against citizens and were not disciplined. 

He referred to Brad Hulett, a disabled man who cops Tasered then dragged off a Centro bus in 2013. He brought up Elijah Johnson, Micah Dexter, Louise Thompson and at least one other person, who all have accused officers of excessive force.

Attorney John Powers, representing the city, pointed out that a jury acquitted officers in Dexter's case, even though the Citizen Review Board requested discipline. He said Bonner did not present the facts of any of the cases and one of the instances of violence occurred in 2001, long before Fowler was chief.

Bonner countered that other cases were resolved in favor of victims, like Hulett's. The city paid Hulett $2 million to settle that case.

Throughout his testimony Fowler often challenged Bonner's questions, asking him to be clearer or denying the accuracy attorney's statements.

Fowler said he would not or could not answer some specific questions about past incidents. He earned several rebukes from Judge Hurd. At one point, as the court waited several minutes for Fowler to read through a series of documents, the judge, growing impatient, asked Fowler if his lawyers had prepared him to testify.

"You knew you were going to testify today," Herd said. "Did you review these documents?"

Fowler replied he had.

Later, when Fowler responded to one of Bonner's questions with a question, Hurd chided him again.

"You don't ask questions," Hurd said.

As Bonner sought to demonstrate whether the officers violated the department's use of force policy, he described a video in which Grant asked one of the arresting officers "Why are you choking me?"

An officer is only permitted to choke someone if that person is an immediate threat to an officer or to another person. 

Fowler would not confirm the video as evidence Grant was being choked, merely that he said he was being choked.

Both Fowler and city attorneys also criticized the efficacy of the Citizen Review Board - an appointed group of citizens who listen to claims of misconduct against police and recommend action to the chief.

Bonner used CRB reports to claim Fowler has ignored claims of excessive force and false arrest in years leading up to Grant's case.

That board, city attorneys said, doesn't take testimony under oath, nor does it interview officers for a thorough investigation. And Fowler said he heeds their recommendations when warranted. He shared an example of a change made at the CRB's request: adding seatbelts and video cameras to the back of prisoner transport vehicles. [MORE]

How Unreliable Forensic Science is Determining [Non-White] Child Immigration Cases

From [HERE] In approximately one-half of the 362 convictions overturned through DNA evidence in the United States, forensic evidence distorted by flawed science—such as forensic odontology, hair analysis, footwear impression evidence, and more—played a role in the wrongful conviction.  Moreover, the fundamental defect of many of the forensic techniques that have led to wrongful convictions, including specific subdisciplines within forensic odontology, is a lack of an appropriate statistical basis from which to draw valid conclusions and simply the misuse of statistical evidence to exaggerate the probative value of an expert’s conclusions. Now forensic dentists are being used in a different capacity, dental age estimation in immigration proceedings, but producing similar exaggerated and misleading conclusions.

According to a recent VICE News article, the Office of Refugee Resettlement (ORR) is using forensic dental age assessments to determine whether young refugees seeking asylum in the United States are over 18.  Many refugees arrive at our borders without birth certificates or documentation of their age. However, the future of an undocumented minor versus adult is vastly different. Adults are housed in prison-like facilities, whereas children are sheltered until they can be released to family members or foster families.  If the youth is reported to be over 18, they are turned over to the U.S. Immigration and Customs Enforcement Agency (ICE) and detained.

Although forensic odontology reports cannot solely be used to determine age based on the 2008 Trafficking Victims Reauthorization and Protection Act, this has not stopped the ORR from finding little to no additional supporting evidence in age assessment cases.

Last week, the Innocence Project filed an affidavit to dispute dental evidence being used in a pending case and requested further information from ICE, ORR and the Department of Homeland Security on the use of the forensic odontology reports. Odontologist David Senn, who serves as the director of the Center for Education and Research in Forensics at the University of Texas San Antonio, has analyzed many of these ORR and ICE reports, including this pending case.

The Innocence Project’s Director of Strategic Litigation Chris Fabricant told the New York Daily News: “These forensic dentists are using radiographs apparently taken by agencies that are not taking them for any kind of public or private health benefit but simply to determine their age. I have great concerns these are not being performed with the informed consent of refugees,” he said.

“The Innocence Project is deeply concerned with the use of unreliable forensic evidence in criminal contexts and the stakes here are no less significant.”

Such was the case of a Somali boy in 2016 who was deemed 18 years old and referred to ICE based on Senn’s analysis. The boy was brought to a dentist in Oregon by ORR under the impression he was having a routine check-up. “He thought it was for his own care and upkeep of his teeth. Instead it was to take these X-rays,” said Matt Adams, Northwest Immigrant Rights Project lawyer.

The Daily News reported that Senn “compared the boy’s dental development, sex, and race to statistical data to produce an estimated age range, mean age and a probability that the boy was older than 18. Senn’s analysis concluded that the boy was between 17 and 23 years old, and that there was a 92% chance he had already turned 18.”

Adams refutes the science, telling the Daily News: “It’s this completely asinine analysis. Here you have this kid who is 17 and is going to turn 18 in five months. Even if you had confidence in this ‘science,’ that wouldn’t demonstrate that he’s lying.”

Adams argued this assessment violated the Trafficking Victims Reauthorization and Protection Act without additional evidence to support his age. Despite the lack of the support from the ORR, the boy was eventually returned to his foster family.

Fabricant also points out these are problematic methods being used in dire circumstances, “The Innocence Project is deeply concerned with the use of unreliable forensic evidence in criminal contexts and the stakes here are no less significant.”

Read the full article HERE.

The White Party's [GOP] Entire Election Strategy is Selling Fear/Hatred of Blacks, Latinos & All Persons Perceived as Muslim & Conspiracy Theories to Explain why Poor Neuropeons Stay Broke

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By David Love From [HERE] In the late 1960s, the Republican Party embraced what it called the Southern Strategy, an appeal to disaffected white Democratic voters who were resentful of desegregation and felt threatened by the gains of the civil rights movement.

As GOP political strategist Lee Atwater explained in 1981:

“You start out in 1954 by saying, ‘N-----, n-----, n-----.’ By 1968 you can’t say ‘n-----”— that hurts you, backfires. So you say stuff like, uh, forced busing, states’ rights, and all that stuff, and you’re getting so abstract. Now, you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is, blacks get hurt worse than whites.”

Now, all that has changed. As the 2018 midterm election approaches, the party is no longer making efforts to disguise its appeals to racism.

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At a recent rally in Ohio, President Trump praised Confederate General Robert E. Lee as a “great general,” at a time when Confederate statues are being removed due to the troubling racial legacy they glorify.

Florida Republican gubernatorial candidate Ron DeSantis said voters should not “monkey this up” by electing his African American Democratic opponent, Tallahassee Mayor Andrew Gillum. DeSantis wrote a book excusing slavery, claiming it was unfair to blame the Founding Fathers for it.

A campaign ad from the National Republican Congressional Committee depicts Antonio Delgado—a Rhodes Scholar and Harvard-trained lawyer running against Rep. John Faso in New York’s 19th Congressional District—as a “rapper” who is unfit to serve white constituents.

Meanwhile, GOP officials including Georgia Secretary of State Brian Kemp are borrowing from the old Jim Crow playbook to keep black people from voting. Kemp, who is running for governor against Democrat Stacey Abrams, is overseeing his own election. His office is currently being sued over the suspension of registrations of 53,000 Georgia voters, nearly 70 percent of them African American, over often trivial discrepancies in how their names appear. Between 2012 and 2016, Georgia purged 1.5 million voters.

Similarly, Indiana has erased nearly half a million registered voters from its rolls, and North Dakota has stripped the voting rights of thousands of Native Americans. Nationwide, almost 16 million voters were purged between 2014 and 2016, according to the Brennan Center for Justice, four million more than between 2006 and 2008.

GOP is also openly embracing hostility to women, as we saw in the confirmation battle over Supreme Court Justice Brett Kavanaugh. Republican leaders are characterizing Democrats and women anti-sexual-assault protesters as an “angry mob,” or what Senate Majority Leader Mitch McConnell called a “far-left mob.” In a blatant appeal to anti-Semitism, Trump has claimed, without evidence, that the women who confronted Republican senators during the hearings were paid by billionaire philanthropist George Soros.

Neo-Nazis and white supremacists—whom Trump has called “very fine people”—agree, applauding Kavanaugh’s confirmation and viewing his critics as part of a “race war” orchestrated by people of color, women and Jews to remove white men from power. “Every time some Anti-White, Anti-American, Anti-freedom event takes place, you look at it, and it’s Jews behind it,” read a flier posted at four college campuses, decrying the assault allegations against Kavanaugh.

Republicans know they cannot win with unpopular policies and a minority of voter support. So they have set out to stop people from voting, quell dissent, and rev up their base with appeals to bigotry. [MORE]

If Elizabeth Warren says She’s Native American then it shall be done! In System of White Supremacy White People Do All the Classifying & Naming. They Determine Who is African, Latino, Indian, etc

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WashPost states, “Elizabeth Warren has long said that the story her family told about itself was in part about its Native American ancestry on her mother’s side; such stories are hardly uncommon for people from Oklahoma. Because of that, President Trump refers to her as “Pocahontas,” something he persists in doing no matter how many people tell him it’s racist and offensive to Native Americans in general.

At a rally in July, Trump imagined facing Warren in a debate, then said he would bring a DNA test and toss it to her. “I will give you a million dollars to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian,” he said.

Just as Barack Obama ultimately produced his birth certificate to debunk Trump’s “birther” lie, Warren did indeed take a DNA test to prove that she has some Native heritage. She released a video not only explaining the DNA results, but including interviews with her brothers (Republicans, by the way) and other relatives talking about their family and condemning Trump. [MORE]

In a system of racism white supremacy white people can be whomever they decide to be within their imaginary hierarchy where persons unable to produce color and lacking melanin reign supreme. In their imaginary system they are the deciders. Similar to a religion, as a puppetician Elizabeth Warren’s goal is simply to accumulate more and more numbers of followers.

As explained by Hamid Dabashi there are no white people. There are no black people. There are no red, yellow, brown, blue, purple, crimson or any other colour people. These are all socially constructed delusions. Delusions though with real, frightful, murderous, and genocidal consequences. 

None of these facts have been hidden to us. There is a vast body of scholarly literature on the social construction of race, gender, and ethnicity. [MORE] Before white folks popped up, Indians just thought of themselves as people.

Victims of the system of white supremacy do not do any of the classifying without the approval of racists and only white people can be racist in a system of racism white supremacy. Elite racists [neuropeans] understand that there is no place in the world where non-whites dominate whites or are operationally or functionally in control of white people. There is no system of Black Supremacy. Undeceiver Nelly Fuller has observed that there is only one functioning form of racism in the known world- White supremacy. He challen­ges anyone to identify and then to demonstrate the superiority or functional supremacy of any of the world's "non-white" peoples over anyone. Concluding that since there is no operational supremacy of any "colored" people, he reveals that the only valid operational definition of racism is white supremacy.

He observes that in spite of any and all statements the world's "non-white" peoples may make about themselves having economic and/or political independence and the like, in the final analysis, they are all victims of the white supremacy process. He places major emphasis on the present realities of the world that can be verified and tested, rather than on what one could imagine to be the case (such as a black or yellow supremacy). He further emphasizes that, instead of focusing on individual cases or on specific locations, a perspective that examines the patterns of relationships between whites and "non-whites" worldwide must be developed. [MORE]

He explains that 'in a socio-material system dominated by elite racists, all major decisions involving non-white people are made by elite racists/White Supremacists. When a Black person needs serious help, he or she goes directly, or indirectly, to the White Supremacists and asks for that help. Whatever a Black person gets, and/or is allowed to keep, is the result of decisions made by White Supremacists. This is the functional meaning of White Supremacy (Racism) that many people — particularly non-white people — prefer not to acknowledge.' [MORE]

As Dr. Bobby Wright observed, ‘although the world is 90% non-white, everywhere one finds Whites and Blacks in close proximity to each other, whether it is Chicago or Zimbabwe, the Whites are in control. This extraordinary universal phenomenon which defies every known statistical law of probability is rarely questioned.' [MORE]

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People have been defined or determined to be whatever the "vested interests" say they are. Non-white people may play pretend that they are this or that but it is only play - when they interact with the world they are treated as “persons subjected to the system of white supremacy” otherwise known as “niggers.” Surely, Ms. Warren will drop being a Native American the moment she is treated like one or discovers what that has been made to mean (this of course will never occur).

Racists are obsessed with skin color and their inability to produce color. They created the concept of race out of thin air. Having little biological validity, race is an artificial "European" invention with real consequences. Race is not real but racism is. [MORE] Race is translated more correctly as "organization," the sole purpose of which is to maintain white domination and world control of non-whites'. [MORE] The only purpose of race is to practice racism. Central to all such socially constructed delusions are the relations of power they entail and sustain. The same people who created these names/classifications also drew lines all over the globe, created “political boundaries”, passports and named all the "nations." Did you know that less than 10% of the world's 7 billion people are white?

Dr. Frances Cress Welsing states "The Color-Confrontation theory further postulates that whites are vulnerable to their sense of numerical inadequacy. This inadequacy is apparent in their drive to divide the vast majority of non-whites into fractional, as well as frictional, minorities. This is viewed as a funda­mental behavioral response of whites to their own minority status. The white "race" has structured and manipulated their own thought processes and conceptual patterns, as well as those of the entire non-white world majority, so that the real numerical minority (whites) illusionally feels and represents itself as the world's majority, while the true numerical majority (non-whites) illusionally feels and views itself as the minority. Interest­ingly, the white collective, whenever discussing the question of color, never discusses any of its own particular ethnic groups as minorities, but constantly focuses on the various ethnic, language and religious groups of non-white peoples as minorities. Then great efforts are made to initiate conflict between these arbitrary groups. This is one of the key methods by which a minority can remain in power. The "divide, frictionalize and conquer" pattern, observable throughout history wherever non-whites are confronted by whites, results primarily from whites' sense of color deficiency and secondarily from their sense of numerical inadequacy. This pattern, then, is a compensatory adjustment to permit psychological comfort through dominance and control." [MORE

In FUNKTIONARY Dr. Blynd defines the following:

Race - a totally artificial theologically-driven, biologically-based, and scientifically-invalid "European" ideology of human genetic evolution and classification coiniciding with the emergence of colonialism and the rise of the transatlantic slave trade. 2) hue-man's greatest and most manipulated myth—just a pigment of your imagination. Race is not real but the psycho-socio-economic effects of racism surely is. Race as a biological construct has been created to be wrongly confused with ethnic identity in order to establish the sense of "otherness" and de-humanization of melanated peoples around the globe. Europeans are racing to thwart genetic annihilation and genetic diversification (human biological variation) in the form of "government" created and sponsored microbiological genocide and cloning.

Races are not biologically real, nor can humans be divided into scientifically valid, biologically distinct groupings or races based on subjective, arbitrary and superficial observable criteria (genetic traits). If scientists were true to the scientific reality, we would have to map millions of genetic traits that would translate into millions of "races." Scientifically there is no such thing as "race" but as a social construct for divisiveness and exploitation, there are only three races, the rat-race, the ego-race and the hue-man race—i.e., Homo sapien sapien. (See: RAT RACE, Special Operation "X," Contemporary Insanity, Biosemiotics, Mentacide, WHO, AIDS, White Supremacy Racism, Melanin, Europe & Hue-man) RACE - Ruling Aristocratic Class Exploitation. 2) Repressive Anglo Covenants Enforced. (See: Manifest Density, White Supremacy, Opposition Imaging, Racism, Capital Punishment, URBAN, Commodity, Imperialism & Yurugu) racehorse - the only animal that can take several thousand suckers for a ride all at the same time. (See: Race Track) 

RACE - Ruling Aristocratic Class Exploitation. 2) Repressive Anglo Covenants Enforced. (See: Manifest Density, White Supremacy, Opposition Imaging, Racism, Capital Punishment, URBAN, Commodity, Imperialism & Yurugu) 

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Although Fleeing Black Teen was Shot in the Back of His Head, Chicago Board Believed White Cop's Story that 'Dakota Bright Looked at Him & Reached for a [non-existent] Gun.' Killer Cop Cleared

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From [HERE] and [HERE] The Chicago Police Board has cleared a white police officer in the controversial shooting death of an unarmed black teenager six years ago.

The board’s 5-3 vote on Thursday absolved Officer Brandon Ternand of any wrongdoing, despite a ruling by the Independent Police Review Authority calling the shooting of 15-year-old Dakota Bright unprovoked and unwarranted. IPRA had recommended Ternand, who is white, be fired for using excessive force for shooting Bright, who is black, in the back of the head. [see video below]

In a 5-to-3 vote, that body, the Police Board of the City of Chicago, in its 21-page decision, the board said that it had found “credible and persuasive” the testimony of Officer Ternand that he had feared for his life after the teenager turned around during a foot chase, looked at him and reached for his left side as if for a gun.

The three members of the board who dissented said they did so partly based on the autopsy report, which showed that Dakota was hit in the “midline of the back of his head,” making it “more probable than not” that the teenager was turned away from the officer, the document said.

“With no countervailing evidence, the logical conclusion is the obvious one: If someone is shot in the back of the head, his head was facing away from the person who shot him,” the board’s dissenting members said.

Panzy Edwards, Dakota’s mother, said on Friday that she had learned of the civilian board’s decision when contacted by local journalists. “It was wrong and unjustified,” she said of the decision. “Even with all the evidence, they still let that man go back to work, and they cleared him of any wrongdoing.”

Bright was a freshman at Robeson High School when he was shot and killed while running away from police on Nov. 8, 2012. An autopsy revealed he was shot in the back of the head.

The shooting sparked controversy, and set off protests in the community. Bright’s family said he had just left a friend’s place, and was walking to his grandmother’s house when he was shot and killed.

The night of the shooting, Ternand and his partner were responding to a call of a burglary that turned out to be a false alarm. Ternand told the Police Board they saw Bright walking in an alley with a gun in his hand.

IPRA had questioned Ternand’s account of the shooting, in which he claimed he shot Bright after he reached for his waist and started turning toward him, after running away and scaling several fences.

Bright was unarmed when he was shot, although a .22-caliber revolver was found in a front yard near where Ternand and his partner began chasing the teen.

A majority of the Chicago Police Board found Ternand’s testimony to be credible and persuasive. The board said he had been a tactical officer for five years, calling him a decorated officer, and noting his reputation for honesty was backed by character witnesses.

Bright’s family sued the city over the shooting, and in 2016 the City Council approved a $925,000 settlement.

Ternand was placed on paid desk duty from 2012 to 2017 while the shooting was under investigation. He was suspended without pay last November. Having been cleared by the Police Board, Ternand will be reinstated to active duty, and given back pay for the time he was suspended.

Neuropeon [neurotic, ignorant, self-deluded racist] Woman on Video Blocking Black Man from Entering his Luxury Apartment Building

RACISTS FUNCTION AS AN AUXILIARY POLICE FORCE IN SYSTEM OF RACISM WHITE SUPREMACY. From [HERE] and [HERE] A white St. Louis woman was fired from her job Sunday after she tried to prevent a black man from entering the luxury apartment building where he lives.

D'Arreion Toles said he was returning home from work when the unidentified tenant physically blocked him from entering the building at the Elder Shirt Lofts in the city's downtown.

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Tribeca Luxury Apartments in St. Louis said it was "disturbed" by the interaction in the video and confirmed the woman in the video was an employee, CBS affiliate KMOV-TV reports.

After reviewing the incident, the company said the woman was terminated from her position. It noted that the incident did not happen at one of its properties.

Toles recorded the incident on his cellphone and posted footage of the incident on Facebook. The video has more than 4 million views and has been shared over 113,000 times.

The videos show the woman demanding proof that Toles lives in the apartment building. She can be seen standing in front of the entrance, refusing to let him in.

Toles eventually pushes past the woman, who follows him to his apartment door. He said police arrived at his apartment about 30 minutes after he entered his apartment, but they left without giving anyone a citation.

"I was kind of blown away, shocked and like wow," he told KMOV. "I am just glad I had my camera out. If I did not have my camera out, I feel it could have gone a totally different way."

Toles said that he isn't upset with the woman and isn't going to take legal action against her. "I am not mad at her. I am not upset with her. I am not going to go after her legally or anything like that. I wish her the best," he said. "I would still have a conversation with her."

Video of Armed Israeli Authorities Using Bulldozers to Demolish 3 Homes, leaving 21 Palestinians Homeless - the Houses Had Been Donated by a Humanitarian Aid Group

On Tuesday, 9 October 2018, at around 10:00 A.M., Civil Administration personnel, soldiers, Border Police and two bulldozers arrived at Khirbet al-Halawah in the Masafer Yatta area in the South Hebron Hills. The forces demolished three dwellings, donated to local residents by a humanitarian aid organization with European Union funding.
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NY Appeals Court Overturns Hasidic Man’s Conviction for Assault on Gay Black Man - Brutally Beaten Blind in 1 Eye by a Gang of 6 White Men

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From [HERE] A New York state appeals court overturned the conviction of a Hasidic Jewish man who was found guilty in the beating of a gay black man.

The Second Judicial Department Appellate Division on Wednesday overturned Mayer Herskovic’s conviction from last year in the beating of Taj Patterson, who became blind in one eye as a result of the beating he sustained in December 2013, The New York Times reported.

Herskovic, 24, has spent the past year in prison after being found guilty by a Brooklyn State Supreme Court justice of second-degree gang assault, unlawful imprisonment and menacing charges. He had opted for a bench trial.

But the appeals court, in an unusual move, said there was not enough evidence to convict Herskovic, The Times reported.

He was one of five Hasidic men indicted in the assault in the Brooklyn neighborhood of Williamsburg, which has a large ultra-Orthodox population.

Of the four other alleged assailants, two had the charges dropped and two others — Pinchas Braver and Abraham Winkler — pleaded guilty to downgraded charges in August. Braver and Winkler were required to pay Patterson $1,400 in restitution and perform 150 hours of community service in a “culturally diverse” neighborhood.

Patterson was attacked as he walked home from a friend’s birthday in Williamsburg, according to trial testimony.

In June, Patterson sued the New York Police Department and New York City in federal court, claiming they improperly favored the Shomrim, the Orthodox security patrol to which some of the five alleged assailants belonged, and at the patrol’s request prematurely closed the investigation of the assault.

In their decision, the appellate judges said that Patterson had failed to identify his assailants and that the DNA evidence used by the prosecutors to convict Herskovic was “less than convincing.”

While appeals courts sometimes dismiss a guilty verdict and order a defendant to be retried, it is much less common for an appellate panel to toss out a conviction on the facts, which leads automatically to the underlying indictment being dismissed.

But the judges for the Second Judicial Department Appellate Division used their “independent factual review power” to render what amounted to a post-trial acquittal.

“Mayer is overjoyed,” Herskovic’s lawyer, Donna Aldea, said. “The decision means that, for all intents and purposes, he is innocent.”

Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, said, “We respect the court’s decision.”

A lawsuit that Patterson’s lawyer, Andrew Stoll, filed two years ago against city officials for allegedly stalling the investigation into his beating is still pending in US District Court in Brooklyn.

“Our civil suit continues against the city for the ‘get out of jail free’ cards it hands out to the ultra-Orthodox communities in Brooklyn,” Stoll said.

Due to ‘Doctrine of Mumbo Jumbo’ Court says Black Coast Guard Officer Cannot Sue Negligent Government Doctors who Killed his Wife During Childbirth, Now Seeks Remedy from Supreme Ct

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From [HERE] More than four years after Navy Lt. Rebekah Daniel bled to death within hours of childbirth at a Washington state military hospital, her husband still doesn’t know exactly how — or why — it happened.

Walter Daniel, a former Coast Guard officer, demanded explanations from officials at the Naval Hospital Bremerton, where his wife, known as “Moani,” died on March 9, 2014.

He says he got none. No results from a formal review of the incident, no details about how the low-risk pregnancy of a healthy 33-year-old woman — a labor and delivery nurse herself — ended in tragedy, leaving their newborn daughter, Victoria, now 4, without a mom.

“There was no timeline, no records of what steps were taken,” recalled Daniel, 39, sitting in his Seattle lawyer’s high-rise office last month. “I’ve had no answers.”

Daniel, who now lives in Dublin, Calif., filed a wrongful death lawsuit in 2015, but it was dismissed, as were subsequent appeals.

The dismissals were based not on the facts of the case but on what’s known as the Feres doctrine, a 68-year-old federal ruling that bars active-duty military members from suing the federal government for injuries.

This week, Daniel is taking his quest for answers to the U.S. Supreme Court.

Through his lawyer, he petitioned the high court on Thursday to amend the 1950 ruling, creating an exception that would allow service members to sue for medical malpractice the same way civilians can.

The military health system, with 54 hospitals and 377 medical clinics, serves about 9.4 million beneficiaries, including nearly 1.4 million active-duty members.

“I don’t want this to happen to any other family,” Daniel said.

The Supreme Court hasn’t considered the Feres doctrine in more than 30 years, since the 1987 case U.S. v. Johnson, where the justices ruled 5-4 to uphold the ruling. That decision drew a scathing dissent from Justice Antonin Scalia, who declared the rule should be scrapped.

“Feres [v. United States] was wrongly decided and heartily deserves the widespread, almost universal criticism it has received,” Scalia famously wrote.

Since then, however, the court has refused to accept at least two petitions that would have allowed reconsideration of Feres. And chances are slim now. Of the 7,000 to 8,000 cases submitted to the Supreme Court each term, only about 80 are accepted.

But Daniel and his lawyer, Andrew Hoyal of the Luvera law firm in Seattle, insist that the circumstances of Moani Daniel’s death warrant new scrutiny.

“We thought if we’re ever going to take a shot at the Feres doctrine, this is the case to do it,” Hoyal said. “It was clear negligence. It was an awful situation. And every civilian in the country would be able to bring a lawsuit to get accountability, except for members of the service.

“She was treated differently because she had lieutenant’s bars.”

Daniel disputes the findings of a Navy autopsy that concluded Rebekah Daniel died of “natural” causes possibly linked to an amniotic fluid embolism, a rare, hard-to-prove complication of childbirth.

Daniel claims that his wife — who worked in the maternity unit where she delivered her baby — died from botched medical care that failed to stop her from hemorrhaging nearly a third of the blood in her body.

“It was utter chaos,” he recalled. “I remember multiple towels and sponges like they were trying to soak up the blood … but it kept coming.”

Doctors failed to perform vital tests, to employ an obstetrical balloon — a standard device used to halt postpartum hemorrhage — and to start massive blood transfusions until too late, court documents claim.

Just four hours after the birth of her 8-pound, 7-ounce daughter, Moani Daniel was dead.

“I was in shock,” recalled Walter Daniel.

Capt. Jeffrey Bitterman, commanding officer of Naval Hospital Bremerton, said in an email that the circumstances of Moani Daniel’s death were “thoroughly examined in a quality review process.” The results of the review cannot be publicly released, he said, declining further comment because of pending litigation.

However, in a press release promoting the “Aloha Moani” 5K run organized in Daniel’s honor, Navy officials publicly said she died “due to a rare complication of childbirth.”

Walter and Moani Daniel, who met in Hawaii, had been married nearly a decade when she became pregnant in 2013. Moani Daniel had a son, Damien, now 19, from a previous marriage.

Moani Daniel loved her job, but she had submitted her resignation to the Navy months earlier and was set to leave the service in April 2014. Walter Daniel had accepted a job in Northern California, where he had moved with Damien to get him settled in school.

The day after his wife’s death, Walter Daniel returned to her empty apartment.

“She had all this stuff for the baby set up,” he recalled. “I’m like, ‘What the hell just happened?’ It was like a nightmare.’”

The Feres doctrine holds that active-duty members of the military cannot sue under the Federal Tort Claims Act for harm “incident to service.” The justices wanted to ensure that Congress would not be “burdened with private bills on behalf of military and naval personnel.”

They reasoned then that the military provides comprehensive relief for injuries or death of service members and their families — and that there’s no parallel with private liability because the relationship between the government and its armed forces is distinct. Later, the court insisted that a primary reason for barring such lawsuits is to maintain military discipline.

But the decision, particularly the definition of “incident to service,” has been debated fiercely for years by scholars and, at least twice, in bills before Congress.

The rule, however, has been interpreted to include not just military duty, but virtually any activity of an active-duty service member, said Richard Custin, a clinical professor of business law and ethics at the University of San Diego.

“It’s just grossly unfair,” he said. “Childbirth is not a military activity. It’s clearly not ‘incident to service.’”

Custin and other critics claim the Feres doctrine strips military members of a constitutional right to seek redress for grievances, while also allowing military hospitals and doctors to escape scrutiny for negligent care.

Military hospitals reported 545 so-called sentinel events — medical omissions or errors — from 2014 to 2017, according to Defense Health Agency data. In 2014, Naval Hospital Bremerton reported at least one case of postpartum hemorrhage or hysterectomy.

But such reports aren’t public, so Daniel doesn’t know whether his wife’s case was included in those records. A 2014 review of military health care found the rate of postpartum hemorrhage was consistently higher in military hospitals than the national average, Hoyal noted.

“What they do in the medical arena is no different than what civilian hospitals do and they should be held to the same standards as civilian hospitals and civilian doctors,” Hoyal said.

Officials with the Department of Defense declined interview requests regarding the Feres ruling.

In an email, however, an agency spokeswoman said that overturning the rule would “destroy the premise” of no-fault workers’ compensation available in the military and elsewhere. It would also “create an unsustainable inequity” between military members allowed to sue and others, such as those injured in combat, who couldn’t.

And, rather than improving military health care, overturning Feres would “compromise its effectiveness,” the agency said, noting: “No medical system is perfect.”

Custin, the law professor, said he sympathizes with Daniel, but isn’t optimistic that the court will view the case differently than other medical malpractice claims.

“What this attorney needs to do is somehow distinguish Daniel from the long line of victims that have been maligned by Feres,” he said.

Hoyal intends to argue that the Supreme Court’s rulings regarding Feres have been inconsistent and irreconcilable. In decisions that followed Feres, the court rejected its own “parallel liability” argument, said Hoyal. And it has never ruled that medical decisions like those at stake in Daniel’s case would undermine military discipline.

“In short, the legal landscape has undergone a sea change since 1950,” Hoyal’s petition states. “Theories once central to Feres no longer matter. Rationales not considered in Feres are now central.”

Such an argument may well sway an increasingly conservative Supreme Court that now includes justices loyal to Scalia’s views — as well as progressives inclined to support workers’ rights, said Dwight Stirling, chief executive of the Center for Law and Military Policy, a Southern California think tank.

“The Feres doctrine does not divide the court members on your standard ideological grounds,” he said. “It tends to scramble the typical calculus.”

Walter Daniel hopes so. After raising Victoria as a single dad for four years, he left the Coast Guard, recently remarried and returned to college to study to become a high school teacher. Even as his life moves on, he said, he hopes Moani Daniel’s case will provide justice for others.

“It’s not about the Daniel family, it’s about those thousands of service members throughout the world who are affected by this rule,” he said. “That’s what our fight is for.”

Racist Suspect US Senator Grabs Phone from Student [simple assault + theft = robbery] who Asked Him Why He was Campaigning for Brian Kemp After He Purged Black Voters Off Voter Rolls

ROBBERY IS A FELONY. From [HERE] Sen. David Perdue (R-Ga.) was seen on video snatching the cellphone out of the hands of a Georgia Tech student while he was being asked a question regarding the state’s suppression of voter registration on the basis of race. Snatching his phone from his hand is a simple assault and a misdemeanor or felony theft depending upon the value of the phone and could be robbery (a taking by force) which is a felony in many jurisdictions. In the commission of the crimes it makes no difference that the perpetrator gives the stolen item back.

Perdue was visiting the college campus in Atlanta on Saturday to campaign for Georgia’s Secretary of State Brian Kemp, The Washington Post reported Sunday. [MORE] Kemp Purged 1 in 10 Georgia Voters or 600,00 mostly Black & Asian people, the Names are [HERE] Kemp in video with Greg Palast below and picture of Perdue.

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Global White Over Black System of Control & Movement Restrictions: Black People 9 Times as Likely as Whites to be Stopped & Searched by Cops in England & Wales

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From [HERE] Black people in England and Wales are almost nine times more likely than whites to be stopped and searched for drugs, according to a report.

Analysis by the London School of Economics and Political Science, the Stopwatch coalition and drug law experts Release suggests that, while police use of stop and search powers has fallen significantly, there has been an increase in racial disparities in the policing and prosecution of drug offences.

By 2016-17, black people were stopped and searched at 8.7 times the rate of white people for drugs, and 7.9 times the rate of white people for other offences, the report said.

In the year to March 2017, police in England and Wales carried out 303,845 stops and searches, the lowest number since current data records started in 2001-02.

The tactics have attracted controversy amid criticism they have unfairly focused on black and minority ethnic individuals.

Judge May Overturn Historic $250 Million Monsanto Verdict Awarded to Dying Black Man w/Lesions on 80% of his Body

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From [HERE] A California judge signaled Wednesday she would overturn a $250 million punitive damages award against Monsanto, handed down by a jury that found the agrochemical company knew its popular Roundup weed killer causes cancer but deliberately failed to tell a school groundskeeper dying of lymphoma. [Courts Do All They Can to Protect Corporations & Government for Doggy]

Superior Court Judge Suzanne Ramos Bolanos appeared skeptical in an afternoon hearing that there was sufficient evidence Monsanto acted with oppression or malice by not warning groundskeeper Dewayne Johnson of the risks of spraying Roundup, a requirement for awarding punitive damages.

Becoming increasingly frustrated with arguments by Johnson’s trial team, including one by Baum Hedlund Aristei Goldman attorney Brent Wisner rejecting blame for purportedly manipulating the jury into awarding punitive damages, Bolanos indicated she planned to affirm a tentative ruling issued before the hearing vacating the punitive damages award based on insufficient evidence.

In the written ruling, Bolanos said she would grant Bayer-owned Monsanto a new trial on punitive damages if she were to ultimately deny the company’s motion to vacate the punitive damages award.

“Bayer agrees with the court’s tentative ruling,” Bayer said in an emailed statement. “The jury’s verdict was wholly at odds with over 40 years of real-world use, an extensive body of scientific data and analysis, including in-depth reviews by regulatory authorities in the U.S. and EU, and approvals in 160 countries, which support the conclusion that glyphosate-based herbicides are safe when used as directed and that glyphosate is not carcinogenic.”

Although U.S. and European regulators have concluded Roundup’s active ingredient glyphosate is safe, the World Health Organization’s International Agency for Research on Cancer classified it in 2015 as a probable human carcinogen, triggering thousands of lawsuits against Monsanto in the United States, including Johnson’s.

His lawyers argued during a four-week trial this past summer Monsanto knew for decades Roundup is carcinogenic, but didn’t include a cancer warning label with the product or instruct users to wear protective clothing when spraying it for fear of disrupting its multibillion dollar global business.

Monsanto countered Roundup was safe. It argued the herbicide could not have caused Johnson’s illness because cancer takes about three years to develop, and Johnson used Roundup for just one summer for his job as a school groundskeeper in Benicia before developing symptoms the following fall.

Nonetheless, a unanimous 12-person jury found for Johnson in August, awarding him $289 million in damages, including $33 million for reduced life expectancy.

Bolanos is considering reducing the $33 million award to about $9 million.

Shortly after, Monsanto moved to overturn the verdict, order a new trial or reduce damages. The company accused Wisner, who headed Johnson’s trial team, of prejudicing the jury into finding for Johnson despite a purported lack of scientific evidence Roundup caused his cancer.

At trial, Wisner compared Monsanto with tobacco companies, implored the jury to “change the world” by awarding punitive damages to deter future unethical conduct, and asked them to visualize unscrupulous Monsanto executives toasting a verdict in their favor with glasses of champagne.

“The message sent to the jury was, ‘you can look beyond this courtroom,'” George Lombardi, Monsanto’s attorney with Winston & Strawn, told Bolanos Wednesday. Lombardi was referring to the requirement juries only consider evidence tied to a plaintiff when awarding punitive “His choice of the tobacco industry was intentional and purposeful, and fit right in with the message that you should change the world, you should change history,” Lombardi said of Wisner’s remarks, adding, “Then he compounds the prejudice with his story about champagne.”

In closing statements, Bolanos told Wisner to stop referencing imagined champagne celebrations in Monsanto’s boardroom, warning the remark was grounds for a mistrial. But Wisner referenced champagne a second time, prompting a second objection by Monsanto and a curative instruction by Bolanos that the jury disregard the remarks.

Wisner, attending Wednesday’s hearing via telephone, explained he referenced champagne a second time because didn’t know to what Monsanto had objected.

Bolanos seemed incredulous.

“Are you saying at the time you made the reference to champagne in the boardroom and defense counsel objected…that you didn’t know why they were objecting? Is that your argument?” she asked.

“That was after the second objection,” she continued. “The first time there was an objection and… counsel appropriately told you not to make any such references. And then you made references… after I ordered you not to make any references to champagne. Then you disregarded my order and repeated the same objectionable statement.”

Michael Miller, an attorney with The Miller Firm also representing Johnson, stepped in.

“The court was frustrated with plaintiffs’ counsel and I get it,” he said.

“Mr. Wisner probably should learn a lesson or two about hearing what the court says, but it was not prejudicial” and doesn’t justify “take[ing] away the well-earned verdict of a dying man,” he said.

Turning to evidence of oppression or malice by Monsanto, Miller argued Monsanto neglected to test Roundup for carcinogenicity despite evidence the product is more carcinogenic than pure glyphosate; that Monsanto’s top executives knew it was carcinogenic and that they chose to cover it up.

But Bolanos appeared to reject Miller’s assertions. She noted both independent scientists and scientists employed by Monsanto conducted tests finding no link between glyphosate exposure and non-Hodgkin lymphoma, and that there was insufficient evidence that certain Monsanto employees identified by plaintiff’s counsel covered up Roundup’s alleged carcinogenicity.

Miller replied: “If we had tried this case to your honor, we might’ve lost,” a subtle reference to the swaths of evidence Bolanos excluded from trial over Johnson’s objections due to purported bias by Bolanos.

“Monsanto is inviting you to wade into the scientific discussion and override the jury,” Miller said. “We would urge the court not to take that invitation.”

Michael Baum, also with Baum Hedlund Aristei Goldman, said after the hearing his team is “expecting that the correct standard and the correct weight be given” to the jury’s verdict.

Bolanos took the motions, which include a request that the entire verdict be overturned, under submission. She did not indicate when she would rule.