Sonoma to Pay $3M to Andy Lopez's Family: White Cop Executed 13-Yr-Old Latino Boy Holding a Toy AK-47 in an Unaggressive Manner, Pointed Towards the Ground, Shot Him 7 Times From 62 Ft w/o Warning

erick-gelhaus killing non-white children.jpg

From [HERE] Sonoma County will pay $3 million to settle a civil rights lawsuit filed by the family of a California teenager who was fatally shot by a sheriff’s deputy while holding a pellet gun.

The settlement was approved unanimously Tuesday by the county Board of Supervisors, bringing to a close a lawsuit filed in November 2013 by the family of 13-year-old Andy Lopez.

Lopez was fatally shot by Sonoma County sheriff’s deputy Erick Gelhaus [racist suspect in photo], who was carrying a toy replica automatic rifle by its grip. At all times, the toy rifle was pointed towards the ground, with Lopez’s hand on the grip, away from the trigger. Deputy Gelhaus shot at Lopez eight times, hitting him seven times, from approximately 62 feet. There was evidence that the first shot may have disabled the youth by striking the upper arm of the hand holding the replica rifle’s grip.

Lopez was casually walking mid-afternoon near a city street. Deputies Gelhaus and Schemmel, on rou- tine patrol, saw Lopez. The deputies were not respond- ing to a call of criminal conduct or suspicious activity. They had no reason to think Lopez was a gang member or that he was engaged in criminal activity, except that he was holding, in his left hand, the grip of what appeared to be an assault rifle, pointed towards the ground. Lopez did not attempt to evade the deputies and nothing about his conduct was suspicious. Lopez was just walking along, minding his own business.

andy lopez rip.jpg

A witness got within approximately fifty feet of Andy, he slowed down to look at the gun. When he saw it, he thought ‘it look[ed] fake.’ . . . the witness did not fear for his life or call the police; he continued on his way.” “Another witness estimated that Andy was ‘11 or 12 years old,’ and de- scribed him as ‘the little guy,’ ‘no more than five feet.’ ”

Once or twice, Gelhaus yelled from behind, “Drop the gun,” “Put the gun down,” or something similar. He did not use the patrol car’s loudspeaker, certainly a more effective method for communicating with a suspect.

At his deposition, Gelhaus was asked to reenact how Andy was holding the gun, “his turning motion,” and “what you saw him do.” The video depicted the gun in Gelhaus’s fully- extended arm and at his side as he turns, consistently pointed straight down towards the ground.

As Lopez turned, Gelhaus shot eight times, with seven bullets hitting Lopez. The court explained Gelhaus shot Andy without having warned Andy that such force would be used, and without observing any aggressive behavior.

The 9th Circuit panel majority noted:

At the time of the shooting, Andy was standing next to an open field in a residential neighborhood. The site of the shooting is also close to three schools and the shooting occurred when school was out of session. There were no other people present at the shooting. There were a few individuals walking in the surrounding neighborhood. Andy had been walking in the general direction of several houses before Gelhaus shouted, and Gelhaus submits that he did not want to let Andy get near them.

After summarizing the facts, the Ninth Circuit panel concluded, “On these facts, a reasonable jury could conclude that Andy did not pose an ‘immediate threat to the safety of the officers or others,’ George, 736 F.3d at 838 . . . and that Gelhaus’s use of deadly force was not objectively reasonable.” Further, “[T]he cases upon which Gelhaus relies to establish that his conduct was objectively reasonable involved threats to officers that were far more direct and immediate than that presented by Andy.”

Also, “Moreover, Gelhaus indisputably had time to issue a warning, but never notified Andy that he would be fired upon if he either turned or failed to drop the gun.” [MORE]

Sonoma County Sheriff Robert Giordano offered condolences to the Lopez family. He noted that Gelhaus was cleared of criminal wrongdoing but officials agreed the settlement was the best solution.

Gelhaus, was cleared of criminal wrongdoing in 2014 by District Attorney Jill Ravitch’s office [racist suspect in photo].

District Attorney Jill Ravitch.jpg

White Albany Cop Claimed Ellazer Williams Charged at Him w/a Knife but Video Shows Cop Shooting Black Man in the Back from 20 Ft Away, Paralyzing Him. No Charges Filed by [Caucasianal] Black DA

  Albany County DA    David Soares   , a Caucasianal straw boss representing kneegrows from the MoTeaSuh Tribe.

Albany County DA David Soares, a Caucasianal straw boss representing kneegrows from the MoTeaSuh Tribe.

From [HERE] and [HERE] Lawyers for a 19-year-old man left paralyzed from the chest down in a police shooting sued the city of Albany in federal court Monday and released a video they say proves their client was a victim of excessive force.

Ellazer Williams contends a white city detective shot him in the back from a distance of 20 feet away as he was running away.

That contradicts the account that Albany County prosecutors say Detective James Olsen gave their investigators. Olsen, who fired the shot that struck Williams, told the investigators that Williams — armed with a large hunting knife — charged at him in a courtyard outside the former Tony Clement Center for Education at 395 Elk St.

albany cop james olsen.jpg

Olsen said he had spotted a "shiny object" in Williams hand moments just before the encounter outside the former Tony Clement Center for Education at 395 Elk St.

Olsen had pursued Williams following a sequence of events that began when Williams and two other people allegedly caused a disturbance outside a store on Central Avenue.

"He yelled for the other detectives to watch (Williams') hands and, as Mr. Williams was running, he tripped onto the concrete and dropped a large hunting knife," Rossi said. "Olsen ordered Mr. Williams to get on the ground. Mr. Williams grabbed the big knife and got back up. At this time, Detective Olsen indicates that Mr. Williams ignored his command and ran in his direction with the knife."

Rossi said Olsen said that at the moment he fired his weapon he believed Williams posed deadly force to himself and other detectives.

Police also suspected Williams of carrying a gun at the time of the shooting,

A video released by the attorneys shows Williams running from Olsen, falling and then getting up to run away again before they say the shots were fired. The video does not appear to show the teen moving toward the detective.

Williams' suit filed in U.S. District Court comes three days after an Albany County grand jury cleared Olsen of any criminal wrongdoing. Williams still faces charges in Albany County Court of  menacing of a police officer, a felony, and misdemeanor weapons possession.

An Albany County grand jury last week cleared Albany Detective James Olsen of criminal wrongdoing in an Aug. 20 shooting, but little changed for the 19-year-old man Olsen shot following a chase and alleged confrontation with a knife.

  Anthony Muhammad, Albany NY Rep. of The Hon. Minister Louis Farrakkan, speaks as a group of Religious, Political, and Grassroot organizations hold a Justice or Else! rally/power point presentation for Ellazar Williams at the Albany Public Library on Henry Johnson Blvd. on Tuesday, Sept. 25, 2018 in Albany, N.Y. Ellazar Williams was shot in the back by an Albany Police Detective. [   MORE   ]

Anthony Muhammad, Albany NY Rep. of The Hon. Minister Louis Farrakkan, speaks as a group of Religious, Political, and Grassroot organizations hold a Justice or Else! rally/power point presentation for Ellazar Williams at the Albany Public Library on Henry Johnson Blvd. on Tuesday, Sept. 25, 2018 in Albany, N.Y. Ellazar Williams was shot in the back by an Albany Police Detective. [MORE]

Ellazar Williams still has a bullet lodged in his spine. He is still paralyzed from the chest down. He still suffers severe back pain. He is confined to a bed set up in the living room of his girlfriend's second-floor apartment. He has not been outside in two months. It is difficult for two men to carry him up and down the steep, narrow stairway. Medical transport workers said it is too dangerous to navigate the stairs, which has led to canceled doctor appointments. His girlfriend does not own a car. They live on a South End street punctuated by abandoned buildings marked by a red X.

"It's hard to stay positive," Williams said. "I get mad and have little outbursts sometimes. I can't move. I'd like to go outside and get some fresh air. I'm not used to being stuck inside all the time."

Williams faces a felony charge of menacing a police officer and misdemeanor weapons possession. His attorney, Steve Sharp, a public defender, and prosecutors continue to make legal maneuvers on the case. Private lawyers retained by Williams sued the city of Albany in federal court Monday for excessive force and released a video they contend shows that Olsen shot Williams in the back from a distance of 20 feet as he was running away.

  Acting police chief Mike Basile briefs the press at the scene of a police involved shooting on the 300 block of Elk St. on Monday, Aug. 20, 2018 in Albany,

Acting police chief Mike Basile briefs the press at the scene of a police involved shooting on the 300 block of Elk St. on Monday, Aug. 20, 2018 in Albany,

Community activists are not satisfied with the grand jury report and remarks offered by Albany County District Attorney David Soares at last week's news conference. They are calling for further investigation into what they consider incomplete evidence and conflicting police accounts of the shooting. A community forum co-sponsored by the Center for Law and Justice is scheduled for Wednesday at 6 p.m. at the Howe branch of the Albany Public Library, 105 Schuyler St., in Albany's South End.

Williams is learning how to hoist himself into a sitting position and transfer his weight to a wheelchair, which also was donated. "I need to hold on tight, or I'll fall over," he said. "My balance is slowly getting better."

He has no movement and no feeling from the chest down. Before he was discharged from Albany Medical Center Hospital, surgery was ruled out because of the bullet's location. "If I try to remove it, you would die," the doctor told him.

West's friends started a recovery account for Williams on Go Fund Me, an online crowdfunding site. It was intended to pay for medications and supplies not covered by Medicaid, and monthly living expenses since West exhausted her modest savings. A total of $3,140 was donated. The goal was $25,000. The last donation was sent three weeks ago.

"I'm very grateful for the donations, but I spent all the money," West said. "We have a lot of expenses and it goes very fast."

Contrary to Media DisInfoTainment, the Federal Trial Court's Obamacare Order Did Not Grant an Injunction, which Means the ACA Remains in Effect & the Ruling Does Not Affect Non-Parties to the Case

media disinfo obamacare.jpg

From [JD SUPRA] As has been widely reported over the past few days, the federal district court for the Northern District of Texas has issued an order declaring that the individual mandate of the Affordable Care Act (ACA, commonly referred to as “Obamacare”) is unconstitutional, that the remaining provisions of the ACA are not severable from the mandate provision, and that the entirety of the ACA (which includes the Biologics Price Competition and Innovation Act (BPCIA) provisions that set out a biosimilar approval pathway) is therefore invalid.

The order grants only a declaratory judgment that the ACA is unconstitutional and invalid; it does not grant an injunction (which means that it does not prevent the ACA from having effect at this time) and does not affect non-parties to the litigation.

At least a few of the states that intervened to the defend the ACA have declared an intent to challenge the ruling (see press releases here, here, and here, and news coverage, e.g. at https://www.nytimes.com/2018/12/14/health/obamacare-unconstitutional-texas-judge.html.)   The case would be appealed to the U.S. Court of Appeals for the Fifth Circuit, and is expected to end up at the Supreme Court.

The case was filed by 20 Republican attorneys general and governors and two individuals, Neill Hurley and John Nantz. Defendants are the US, the Department of Health and Human Services and its secretary Alex Azar, the IRS and David Kautter in his capacity as its Acting Commissioner. The States of California, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia also intervened as defendants. [MORE]

We will continue to monitor developments in this case to report on any effect it may have on the BPCIA.

New Brennan Center Report Shows 2018 Rates of Crime, Violent Crime & Murder in Major American Cities are in Decline [Chicago Murder Rate Declined by 18%]

  CRIMINALIZING BLACKS TO JUSTIFY TREATING THEM LIKE CRIMINALS.    President Trash Claims US Murder Rate 'Highest' in '47 Years', Despite Data Showing Otherwise

CRIMINALIZING BLACKS TO JUSTIFY TREATING THEM LIKE CRIMINALS. President Trash Claims US Murder Rate 'Highest' in '47 Years', Despite Data Showing Otherwise

From [HERE] In September, the Brennan Center analyzed available crime data from the nation's 30 largest cities, estimating that these cities would see a decline in crime and murder in 2018. Our report, Crime and Murder in 2018: A Preliminary Analysis, concluded that crime and murder in 2018 are again declining nationwide, continuing the historic downward trend.

This analysis updates the September report and finds that, where data were available, rates of crime, violent crime, and murder in major American cities are estimated to decline through the end of 2018. However, murder rates in some cities remain above 2015 levels, demonstrating a continued need for evidence-based solutions to violent crime.

This report's main findings are:

  • Murder: The 2018 murder rate in the 30 largest cities is estimated to decline by nearly 6 percent. Large decreases this year in Chicago and San Francisco, as well as moderate decreases in other cities such as Baltimore, contributed to this decline. The murder rate in Chicago — which increased significantly in 2015 and 2016 — is projected to decline by 18.1 percent in 2018. The murder rate in San Francisco is estimated to fall by nearly 27 percent. Baltimore’s 2018 murder rate is projected to decline by 7.4 percent. Some cities are projected to see their murder rates rise, including Washington, D.C. (by 39.5 percent), and Houston (by 22.6 percent). Further study is needed to better understand the causes of these rises.

  • Crime: The overall crime rate in the 30 largest cities in 2018 is estimated to decline slightly from the previous year, falling by 1.8 percent. While this conclusion is based on preliminary data, if the trend holds, the crime rate will fall to its lowest since at least 1990.

  • Violent Crime: Violent crime rates are projected to decline in the majority of the 30 largest cities through the end of 2018. Overall, the violent crime rate is estimated to decrease by 2.7 percent, continuing a downward trend from 2017.

Estimates of crime and violent crime are based on data from 22 of the nation’s 30 largest cities; estimates of murder include data from all 30 cities. While the estimates in this report are based on early data, previous Brennan Center reports have correctly estimated the direction and magnitude of changes in major-city crime rates.

Six Ex-Governors Urge Gov. Jerry Brown to Clear California’s Death Row, which is 61% Black & Latino, and Permanently Cancel 740 Murders Scheduled to be Carried Out by the State

Persons Scheduled to be Murdered by California by "Race" ["death row"]

66% NON-WHITE DEATH ROW. Data is from DPIC https://deathpenaltyinfo.org/race-death-row-inmates-executed-1976.

From [HERE] Six former governors have urged California Governor Jerry Brown to “be courageous in leadership” and grant clemency to the 740 men and women on California’s death row before he leaves office on January 7, 2019. In a December 13 op-ed in the New York Times, the former governors—Ohio’s Richard Celeste, Oregon’s John Kitzhaber, Maryland’s Martin O’Malley, New Mexico’s Bill Richardson and Toney Anaya, and Illinois’s Pat Quinn—wrote that “Mr. Brown has the power to commute the sentences of 740 men and women, to save 740 lives. ... Such an act will take political will and moral clarity, both of which Mr. Brown has demonstrated in the past. In the interest of his legacy, the people of California need his leadership one more time before he leaves office.”

The governors called signing a death warrant “a terrible responsibility, hard even to imagine until you’re asked to carry it out, as we were. But we became convinced that it wasn’t something a civilized society should ask of its leaders. That’s why we halted executions in our states, and we call on Gov. Jerry Brown of California to do the same.” Each of the former governors granted clemency to at least one death-row prisoner during their tenures in office, and Anaya, O’Malley, and Quinn commuted the death sentences of all the prisoners on their states’ death rows. The ex-governors said, “we know it must weigh on Mr. Brown that, unless he acts soon, he will leave behind 740 men and women on California’s death row. It’s a staggering number and our hearts go out to him. From a humanitarian perspective, it is horrifying to imagine executing that many humans. As a practical matter, it’s beyond comprehension. ... If the state were to execute a single person every day, people would still be waiting on death row after two years.”

In late November, three former Ohio governors, Richard Celeste, Bob Taft, and Ted Strickland gave a joint interview to the Columbus Dispatch in which each told the paper that the toughest burden he had to bear as governor was deciding whether a condemned prisoner should live or die. Celeste commuted the death sentences of eight prisoners—four men and all four women on the state’s death row—towards the close of his second term. Although no one was executed during his eight years in office, Celeste said, “[a]s I look back on it, if I had really ... been bold, I would have ... just sa[id], ‘I’m going to commute them all to life [sentences], without the benefit of parole.’” Strickland said his biggest regret was not stopping executions in his state. “I wish I had done what my friend Jay Inslee, who’s the governor of Washington state, did when he became governor. He just said, ‘There will be no executions as long as I’m the governor of the state of Washington.’ And I wish I had had the courage to make that decision.” Strickland granted clemency five times, but allowed 17 executions to go forward. “I’m just convinced as long as we have the death penalty, innocent people are going to lose their lives .... [O]ur judicial system has serious problems that need attention,” he said.

   FUNKTIONARY    makes it plain: death penalty - legalized murder - the agents of the Corporate State way of purifying the blood on its hands via ritual sacrifice to the New God Economy and the Greaer System. The death penalty is looking for moral integrity in all the wrong places with all the wrong faces.    DEATH ROW - A PLACE WHERE THE ARCANA DOMINATIONIS HOUSES AND “ASSISTS” predominantly shades of black - fade to black. 2) A MEDIKILL DOCTOR’S WAITING ROOM (the medikill indu$try kILLS AROUND 300,000 PATIENTS YEARLY). 3) a section of the corporate state demand-created, owned and operated prison INDUSTRIAL COMBINE WHEREIN CRIMINALS AND POLITICAL PRISONERS OF VICTIMLESS “CRIMES” LIVE UP TO DEATH.

FUNKTIONARY makes it plain: death penalty - legalized murder - the agents of the Corporate State way of purifying the blood on its hands via ritual sacrifice to the New God Economy and the Greaer System. The death penalty is looking for moral integrity in all the wrong places with all the wrong faces.

DEATH ROW - A PLACE WHERE THE ARCANA DOMINATIONIS HOUSES AND “ASSISTS” predominantly shades of black - fade to black. 2) A MEDIKILL DOCTOR’S WAITING ROOM (the medikill indu$try kILLS AROUND 300,000 PATIENTS YEARLY). 3) a section of the corporate state demand-created, owned and operated prison INDUSTRIAL COMBINE WHEREIN CRIMINALS AND POLITICAL PRISONERS OF VICTIMLESS “CRIMES” LIVE UP TO DEATH.

In their New York Times op-ed, the six former governors wrote: “The achievement of high office demands that one be courageous in leadership. Mr. Brown now has the chance to do what others in our ranks have done after they became aware of the price paid for taking a human life. We were compelled to act because we have come to believe the death penalty is an expensive, error-prone and racist system, and also because our morality and our sense of decency demanded it.” Brown, they said, should commute California's entire death row or “declare a moratorium on the death penalty and give Governor-elect Gavin Newsom the time he will need to figure out how to end a system broken beyond repair.” At an international conference on the death penalty at the Italian Parliament in November, the Community of Sant’ Egidio—a Catholic group with close connections to Pope Francis—and representatives of 25 countries, including the justice ministers of South Africa, Benin, Zimbabwe and Malaysia also called upon Brown to commute all death sentences in the state before leaving office.

Racist Suspect Betsy DeVos Seeks to Rescind Obama-era Guidance Intended to Reduce Racial Discrimination in School Discipline & Urges Public Fool Systems to Partner with Cops to Arm Personnel

  Public schools - the instrument of Hidalgo (the "Greater System") and the "State" whereby readers, writers and counters are produced who are certified as qualified to understand orders and obediently carry them out... the tenth gang-plank of the Communist Manifesto. (See: Compulsory Schooling, Indoctrination & Formal Education) - FROM    FUNKTIONARY

Public schools - the instrument of Hidalgo (the "Greater System") and the "State" whereby readers, writers and counters are produced who are certified as qualified to understand orders and obediently carry them out... the tenth gang-plank of the Communist Manifesto. (See: Compulsory Schooling, Indoctrination & Formal Education) - FROM FUNKTIONARY

From [NPR] A federal commission led by Education Secretary Betsy DeVos recommends rescinding Obama-era guidance intended to reduce racial discrimination in school discipline. And, DeVos says, it urges schools to "seriously consider partnering with local law enforcement in the training and arming of school personnel."

President Trump created the Federal Commission on School Safety following the mass shooting in February at Marjory Stoneman Douglas High School in Parkland, Fla. While student survivors rallied for gun control, DeVos said early on that would not be a focus of the commission's work.

The final report highlights a single concrete gun control recommendation, pertaining to the expansion of "extreme risk protection orders," which allow household members or police to seek the removal of firearms from a mentally disturbed person.

The recommendations on discipline form part of a broader effort by the Trump administration and DeVos to back away from Obama-era policies aimed at reducing racial disparities in suspensions and expulsions. The commission says those polices made schools reluctant to address unruly students or violent incidents.

"Students are afraid because violent students were going unpunished," said a senior administration official, who spoke to reporters on the condition that he not be identified. DeVos instead called for a "holistic view" of school safety.

A study by civil rights and education advocacy groups in the US claims non-white students are targets of police brutality in schools. The report, published this week, calls for the removal of school police officers, despite the risk of school shootings. Al Jazeera's Heidi Zhou-Castro reports from Philadelphia.

Civil rights and "discriminatory discipline"

The federal policies addressed in the report stem from 2014, when the Education Department under President Barack Obama issued detailed guidance on "how to identify, avoid, and remedy" what it called "discriminatory discipline." The guidance promoted alternatives to suspension and expulsion and opened investigations into school districts that had severely racially skewed numbers.

The guidance had its roots two decades earlier. After the passage of the Gun-Free Schools Act in 1994, more schools adopted "zero tolerance" discipline policies and added more police on campuses, particularly at low-income schools with many black and Hispanic students.

Brusly police Officer Dan Cipriano.jpg

A growing body of research showed that being suspended, expelled or arrested at school is associated with higher dropout rates and lifelong negative consequences. "Just one suspension can make a difference," says Kristen Harper, director for policy at Child Trends, a nonprofit research organization. Statistics showed that these negative consequences fell far more often on students of color, disproportionate to their actual behavior. Black girls, for example, were suspended at six times the rate of white girls.

In the wake of the 2014 guidance, more than 50 of America's largest school districts instituted discipline reform. More than half the states revised their laws to try and reduce suspensions and expulsions.

And, a new analysis for NPR of federal data by Child Trends shows that suspensions indeed declined, particularly for Hispanic students. But the progress has been incremental, and black high school students are still twice as likely as whites to be suspended nationwide. So are students in special education.

This announcement on discriminatory discipline in some ways is better understood less in relation to the Parkland shooting and more as part of a series of actions by DeVos to reverse Obama-era guidance intended to protect the civil rights of students.

Under President Obama, the Education Department interpreted Title IX to protect transgender and gender-nonconforming students from discrimination. The department pushed campuses to take a stronger line in investigating sexual misconduct, also under Title IX, and issued guidance aiding schools' voluntary efforts to achieve racial integration.

DeVos has pulled back the guidance in each case, sometimes pleasing critics of federal overreach, sometimes in defiance of public consensus.

school+to+prison.jpg

A new era?

Some of the federal safety commission's new recommendations, like directing resources toward mental health and social-emotional learning, actually echo the views of education experts who support discipline alternatives.

The question now is whether the government's latest reversal in direction on civil rights might bring a return to the days of zero tolerance.

Anurima Bhargava, a former Justice Department official who was involved in crafting the discipline guidance, says it was written to build consensus, with a great deal of consultation with school leaders and others. "So many people weighed in — there was nobody who was against it," she says. By that token, Bhargava finds it unlikely that the tide toward restorative and inclusive practices will fully reverse itself.

But during more than a dozen listening sessions, DeVos' safety commission heard from people who thought the push for alternative discipline had gone too far. Among them were Judy Kidd of North Carolina's Classroom Teachers Association, who said:

"Daily fights, concealed weapons and teachers assaulted are being ignored to reduce the number of incidents reported. This is unacceptable."

Without the federal government, there may be little pressure for change in places like Mississippi. That was the only state analyzed by Child Trends that saw an increase in suspensions each year between 2012 and 2016. Or in Allegheny County, Pa., where black students as of 2016 were suspended seven times more often than nonblack students.

Activists like 18-year-old Nia Arrington, of the One Pennsylvania Youth Power collective, feel abandoned by this announcement. As a student in Pittsburgh public schools, in Allegheny County, she fought successfully against arming school safety officers.

"I don't think when these people talk about keeping students safe that they have all students in mind," she says. "They don't think about the harsh reality some students may have faced with gun violence. A lot of students have been traumatized by guns in this country — and by the hands of the police."

Not a Flight Risk or Under Arrest or Charged with Any Crime But a Haitian Professor Seeking Asylum was Locked Up for 2 Years because US Authorities & a Judge Had Laws to Uphold Over Humanity

hatian professor.jpg

From [HERE] They had decided to welcome him even if the United States would not, so Melody Hart and her husband, Gary Benjamin, arrived at the courthouse with gifts for an immigrant they’d never met. They carried outfits for him in three sizes and a new winter coat to guard against the Ohio cold. They brought instruction manuals to help him learn English, a booklet of hymns to sustain his spirit and bottles of champagne in case he walked out of the courtroom free after being detained by the U.S. government for 25 months.

They also brought a charter bus filled with 32 friends from Cleveland Heights, Ohio, a group consisting mostly of retirees, church members and community activists. Together they traveled four hours into Michigan to witness the latest court hearing in the ongoing saga of Ansly Damus, a Haitian ethics professor who had come to the California-Mexico border in the fall of 2016 to seek asylum. Rather than enter the country illegally, Damus had followed U.S. protocol by presenting himself to Border Patrol and saying he feared for his life. Then he had been handcuffed and flown to a detention facility with empty beds in Ohio, where he’d spent the past two years waiting for a final resolution in his case.

The government had denied Damus parole because it considered him a flight risk with no meaningful connections in Ohio, but now the courtroom was filled with Ohioans who had come to support him.

“I hope this shows that people in this country care about what’s happening to him,” Hart, 66, told her husband as a courtroom security guard left to get extra chairs. “He has to believe that he’s come to the right place.”

She had spent the past year trying to deliver that message to Damus, even as the country around her was becoming increasingly resistant to a rising number of asylum seekers including an estimated 7,000 who caravanned last month toward the California border on the same path that Damus had taken two years before. Most asylum seekers now wait at least several months for a final decision in their case, but there are also those like Damus, who became stuck in an overwhelmed system where cases can drag on for years.

He had been detained in Ohio for more than 14 months when Hart and Benjamin learned about his case from a friend involved in immigrant rights issues. Twice Damus had been granted asylum by the immigration courts, and twice the government had successfully appealed. The friend asked Hart and Benjamin if they could sponsor Damus’s parole application and offer him support. They were both active in the local Democratic Party. They volunteered for a half-dozen social justice organizations and served on the board of their church. “We’ll do whatever we can,” Hart remembered saying, and later that week she wrote her first of several dozen letters to Damus, using Google to translate it from the English he didn’t speak into the French that he did.

“My grandfather came here from Russia through Ellis Island,” she wrote in February. “It was different then, but this is a long tradition. We are right by your side. Keep the faith!”

“Your long wait will soon be over,” she wrote later that spring.

“Please don’t get discouraged,” she wrote in July.

“I truly believe we are a nation of freedom and justice,” she wrote in October, on Damus’s second anniversary in detention. “One day our prayers will be answered, and you will be free.”

Now Hart watched as two security guards led Damus into the courtroom. He wore one of Benjamin’s old suits. He had shackles affixed to his ankles even though he had never been arrested or accused of committing a crime. The last time he had appeared in front of a crowd, he was delivering a lecture in Haiti on the history of economics. “I am so embarrassed,” he whispered to his courtroom interpreter, speaking in Creole, and then he sank into his chair as lawyers presented the basics of his case.

Damus, 42, had once been a popular professor, fluent in three languages and possessing degrees in ethics and economics. Then, according to his asylum statements, he had given a lecture in 2014 about the unethical behavior of a local politician who he accused of collaborating with gangs, and later that same day gang members attacked him as retribution, burning his motorcycle and threatening to kill his wife and two young children unless he left the country. Damus fled a week later for Brazil, where he knew other Haitian refugees, and he spent nearly two years working in construction and living in a refugee camp before traveling by bus to the United States.

Those two years in Brazil were the reason U.S. officials wanted to deny his asylum claim, saying Damus had attempted to settle there permanently. Damus said he was threatened and persecuted as a Haitian immigrant in Brazil and always planned to come to the United States, but it had taken him two years to save money and plan for the trip.

This particular hearing was not about the merits of Damus’s asylum case but instead a federal court hearing about the condition and length of his detention: 766 days at a county jail intended for short-term stays, which meant the facility had no outdoor space, no exercise room and no Internet access for inmates.

“Yesterday was the first day Mr. Damus had seen daylight in over two years,” his lawyer told the judge.

The lawyer said Damus’s liberty was being unjustly violated and that he should be paroled immediately as his immigration case continued through the courts. The government said it had a right to detain Damus for the entire length of his asylum proceedings, no matter how long that took, and if he wanted to be released he could drop the case and be deported back to Haiti.

U.S. District Judge Judith Levy glanced at the briefings and then looked at Damus. She said the Ohioans in the courtroom were evidence that he had “a community that cared about him.” She said the government had offered no proof that he was a danger or a flight risk. She said: “This restriction on Mr. Damus’s liberty is extraordinary.” But then, instead of issuing an immediate ruling, she said she needed more time. Maybe she would make a ruling in the next hours, she said. Or maybe she would request more evidence and schedule another hearing in a week.

The judge stood to leave, and two security guards led Damus back into detention. “This is madness,” Hart said as the courtroom emptied around her. She went back to the bus and back home to Ohio, where late that night she sat down at her computer. If she wrote another letter to Damus now, she could mail it in the morning.

“I know our prayers will soon be answered,” she wrote. “Keep the faith.”

What she never told Damus was that her own faith in America was increasingly precarious, because so many facts about his detention made her question the country’s treatment of immigrants in 2018. “How can something like this be happening here?” she asked friends, politicians, pastors and lawyers, until together they decided to start a support group for Damus, hoping to compensate for what they saw as the government’s failings.

When they learned Damus was being held at a short-term facility with no access to outdoor space, they began mailing him pictures each month so he could see the seasons changing in Ohio.

When they discovered the jail’s library offered nothing in French or Creole, they started mailing Damus 20 pages of reading material each day, from “Madame Bovary” to Karl Marx.

When they found out he had no way to communicate with his wife because the jail didn’t allow detainees to use email or make international calls, they contacted his wife on Facebook and began relaying messages between them.

And when Hart learned that Damus had not had a visitor during his first 14 months in America other than a pro-bono lawyer, she and Benjamin decided to go see him. They went one afternoon in January during the jail’s allotted 30-minute visitation period. Hart picked up a phone attached to the wall and stared through a thick pane of glass, but instead of seeing Damus on the other side, she saw a computer monitor. The jail only allowed electronic visitation, and after a few seconds Hart saw Damus appear on the screen. He was somewhere else in the jail, and for the next half-hour they stumbled through a conversation. Damus spoke only a little English, so Benjamin tried using his rusty high school French. Hart thought the visit was awkward, distant and impersonal, until the screen flashed a two-minute warning and Damus began his goodbyes. “Thank you,” he remembered telling them. “This is my best day. You have given me so much hope.” [MORE]

Feds say Race Soldier Border Patrol Cops Were Just Following Orders Not their Own Judgment & Aren’t Responsible for Non-White Child's Death After Offering Her Water & Bathroom

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From [HERE] The Department of Homeland Security said Friday it will investigate the death of a 7-year-old Guatemalan girl who died in federal custody last week after crossing the U.S. border into New Mexico.

The Washington Post first reported that the girl started having seizures eight hours after she was taken into custody with her father by three Border Patrol agents south of Lordsburg, New Mexico, on the evening of Dec. 6. They were part of a group of 163 people who surrendered to Border Patrol agents after illegally crossing the border.

Emergency responders found the girl had a body temperature of 105.7 degrees and “reportedly had not eaten or consumed water for several days,” according to the Post. She was airlifted to an El Paso hospital where she died less than 24 hours later.

Officials have identified her as Jackeline Caal Maquin.

DHS said in a statement that Border Patrol agents had performed an initial health screening on the girl and her father following their apprehension and “found no evidence of health issues.”

The agency said her father also denied she was ill and that the girl and her father were offered food and water and access to a bathroom at that time.

DHS called Maquin’s death “incredibly tragic,” but said the situation is “not unique.”

“Each year, the Border Patrol identifies hundreds of people who either die attempting to illegally enter the United States, are injured in the attempt, or have to be rescued by Border Patrol. This past year alone Border Patrol rescued 4,311 people in distress,” the agency said.

According to DHS, the hospital has indicated the girl’s initial cause of death is septic shock, and an autopsy will be performed.

In early November, the Trump administration announced that migrants who cross between ports of entry could be barred from seeking asylum and face criminal prosecution.

But in recent weeks, asylum seekers at ports of entry in several cities along the southern border have faced long waits for their applications to be processed and have reported being turned away and asked to return later by border agents, according to the Post.

White House spokesman Hogan Gidley told the newspaper on Friday that the girl’s death is a “tragic situation,” but said the Trump administration was not to blame.

“Does the administration take responsibility for a parent taking a child on a trek through Mexico to get to this country? No,” Gidley said.

But the girl’s death has prompted outcry against the Trump administration from activists and a Democratic lawmaker.

Joaquin Castro, a congressman from San Antonio and the chairman-elect of the Congressional Hispanic Caucus, told NPR that he blames the girl’s death on the Trump administration’s immigration policies.

“By limiting the ability of folks to present themselves to the port of entry, the Trump administration is basically making it more dangerous for these folks,” Castro said.

Peter Simonson, executive director of the American Civil Liberties Union of New Mexico, called on the government to “institute reforms that prevent this kind of senseless tragedy from ever happening again.”

“When you turn away people who are legally seeking asylum at official ports of entry, they attempt to make contact with U.S. officials in remote and dangerous areas, and people die,” Simonson said. “When you militarize the border, including constructing border walls, desperate migrants will attempt to cross in the harshest desert regions, and people die.”

More than 400 migrants died along the U.S.-Mexico border last year, according to the ACLU.

The Office of the Inspector General for DHS said it will release its final report on the girl’s death to Congress and the public.

Bi-Partisan Senate Report says Russians Attempted to Trick the Black Votary into Believing that Life on Hillary’s Democrat Plantation Would Be No Different on Trump’s Republican Plantation

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From [HERE] The Russian influence campaign on social media in the 2016 election made an extraordinary effort to target African-Americans, used an array of tactics to try to suppress turnout among Democratic voters and unleashed a blizzard of activity on Instagram that rivaled or exceeded its posts on Facebook, according to a report produced for the Senate Intelligence Committee.

The report adds new details to the portrait that has emerged over the last two years of the energy and imagination of the Russian effort to sway American opinion and divide the country, which the authors said continues to this day.

“Active and ongoing interference operations remain on several platforms,” says the report, produced by New Knowledge, a cybersecurity company based in Austin, Tex., along with researchers at Columbia University and Canfield Research LLC. One continuing Russian campaign, for instance, seeks to influence opinion on Syria by promoting Bashar al-Assad, the Syrian president and a Russian ally in the brutal conflict there.

The New Knowledge report is one of two commissioned by the Senate committee on a bipartisan basis. They are based largely on data about the Russian operations provided to the Senate by Facebook, Twitter and the other companies whose platforms were used. [MORE]

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Undeceiver Larken Rose observes; 

"Among those who vote Democrat or Republican – or for any other party – no one recognizes the underlying problem, and as a result, no one ever gets any closer to a solution. They remain slaves, because their thoughts and discussions are limited to the pointless question of who should be their master. They never consider – and dare not allow themselves to consider – the possibility that they should have no master at all. As a result, they focus entirely on political action of one kind or another, But the foundation of all political action is the belief in “authority,” which is the problem itself So the efforts of statists are, and always will be, doomed to fail. [MORE]

A Prison or a Democracy? Under No Threat or Provocation, Video Shows Israeli Soldiers Throwing Concussion Grenades at Palestinian Children over a Wall at a School in Hebron

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From [HERE] 12/16/18, International Solidarity Movement, Al-Khalil Team, Hebron, Occupied Palestine

At 1pm, 4 Israeli occupation soldiers entered Salaymeh neighbourhood, Hebron.

Activists were present from 12:30 pm and did not witness any stones thrown or other provocation.

The soldiers fired 21 tear gas rounds in under 5 minutes into the street outside the 3 schools and into two schoolyards.

here are 3 primary schools on the street where the tear gas was used:

  • Hebron School

  • UNRWA Hebron Basic Boys School

  • Khadijah School

There are also 4 other schools in the immediate area.

israel thugs.jpg

During this time the soldiers also threw three concussion grenades over a wall into the Hebron School. They were unable to see who was on the other side of the wall or where they were at the time.

The headmaster of Hebron School said that 5 tear gas rounds were fired into the schoolyard in total.

Older school students were still in Hebron School. 30 boys and 5 teachers suffered tear gas inhalation.

Activists also found a spent tear gas round in a garden in the grounds of the UNRWA Hebron Basic Boys School.

There was no threat to the soldiers or anyone else at the time yet the soldiers continued to fire tear gas into the neighbourhood even the streets were completely empty of people.

They seemed to stop only when they had run out of tear gas. The tear gas spread through the neighbourhood into schools and residential buildings along the streets where families live. It was a still afternoon and the tear gas stayed in the immediate area and dispersed very slowly continuing to effect local residents.

Last month 238 tear gas rounds and 51 concussion grenades were fired in this neighbourhood. See the November report on Education in Palestine from Christian Peacemaker Teams:

Palestine School Report: Education under Military Occupation November, 2018

This latest tear gas assault comes on the tail of two weeks when 6 boys between 10 and 14 years of age were abducted by Israeli occupation soldiers and Border Police.

Serving the Same Authority, White Louisiana Prosecutor Slaps White Cops On the Wrist for Body Slamming Non-Resisting Black Teen Twice in School to Teach Blind Obedience to Said Master’s Authority

  According to    FUNKTIONARY     Public Fool System - a place where children are having unprotected education. 2) a syndromatic exercise in conformity and blind obedience to so-called "authority" (disguised repression). 3) systematic planned violence meted out on children and young adults—held hostage and hostile—daily, hourly, quarantined from the natural rhythm of things in life through Pavlovian bells and shrink-wrapped prefabricated and curriculum and distorted history. 4) a training boot camp for life-long slavery and indentured servitude to gangbankers and the Corporate State in a society created and based in violence, governed by fear, propaganda, psychogenic money and power.

According to FUNKTIONARY

Public Fool System - a place where children are having unprotected education. 2) a syndromatic exercise in conformity and blind obedience to so-called "authority" (disguised repression). 3) systematic planned violence meted out on children and young adults—held hostage and hostile—daily, hourly, quarantined from the natural rhythm of things in life through Pavlovian bells and shrink-wrapped prefabricated and curriculum and distorted history. 4) a training boot camp for life-long slavery and indentured servitude to gangbankers and the Corporate State in a society created and based in violence, governed by fear, propaganda, psychogenic money and power.

From [HERE] An attorney for a Black Louisiana teenager shown on video being slammed to the ground by large white police officers during an altercation at school says charges against two officers are a "slap on the wrist." The video, taken by a school surveillance camera, was sent anonymously to CBS affiliate WAFB-TV.

A grand jury in West Baton Rouge Parish indicted former Brusly police Officer Dan Cipriano on a charge of simple battery Friday, WAFB-TV reported. Another former officer, Kip Dupre, was indicted on a charge of malfeasance in office.

Both officers resigned in November after video from Brusly Middle School showed one officer wrestling with a 14-year-old male student before slamming him down. Full view of the scuffle between Dupre and the student is blocked by a desk in the Brusly Middle School office, but Dupre can clearly be seen wrestling the student and slamming him to the ground twice.

There is no audio in the video, but it appears in at least some of the encounter, Dupre rapidly thrusts his arm and shoulder up and down toward the youth, as if punching him, while school staff nervously look on.

Cipriano, arrived toward the end of the struggle to get the student in handcuffs, escort him out of the office and slams him against a desk.

The cops claimed that the student attempted to grab the cop’s gun. [which might be reasonable to do after he had been body slammed and if he believed the white cop was attempting to inflict serious bodily harm]

State police investigated and handed their findings over to the local district attorney, whose office presented the case to a grand jury.

Kwame Asante, an attorney for the student, said the family at first was glad the grand jury found enough evidence to indict the officers. But he said the family felt the evidence warranted stiffer charges.

"They feel the DA's office did an adequate job by bringing it quickly to the people but feel it was a slap on the wrist based on the tape and what they saw done to their grandson," Asante told The Advocate. "This young man will still be dealing with this for a long time."

The teen's grandmother said the incident left her grandson with bruises on his face and a cut on his chin. However, she's more concerned about the lasting psychological effects her grandson may suffer.

"Since the incident, he went in the hospital with more trauma," she told WAFB-TV. The station chose not to identify the grandmother to protect the identity of the student.

Asante previously said the problems started that morning because the boy was assigned to detention for cursing on the playground, then he got into an argument with an administrator over how long he had to be in detention.

The struggle began when the child tried to leave the office, according to Asante.

Brusly Police Chief Jonathan Lefeaux had previously said he asked for the officers' resignations because he believed the incident would make it hard for them to continue working in the community. The officers then resigned.

Report says Dollar Stores are Getting Rich by Preying on Black Communities & Invested in Maintaining a “Permanent Underclass"- Opening 4 Stores a Day to Expand its Ghetto Empire to 50,000 Outlets

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IF YOU SEE A DOLLAR STORE YOU MUST BE IN THE HOOD. From [Newsweek] Dollar-store chains like Dollar General and Dollar Tree are rapidly expanding by targeting the poor, particularly in predominantly black neighborhoods and rural areas, while planning for a permanent American underclass, according to a new report from the community development nonprofit Institute for Local Self-Reliance (ILSR). In cities, dollar stores concentrate in areas that already have few or no grocery stores. Their strategy of saturating these neighborhoods with multiple outlets can make it nearly impossible for new grocers and other businesses to take root and grow.

Though dollar stores sell no fresh vegetables, fruits or meat (Dollar General is testing produce in fewer than 1 percent of its stores), they are quickly becoming one of the primary ways lower-income Americans eat, with the combined grocery sales of Dollar General and Dollar Tree outstripping Whole Foods by more than $10 billion.

Selection is limited to processed or canned foods such as cereals, microwaveable meals and snacks. A section on the Dollar General website for “Fresh Food” advertises Banquet Mega Bowls fried chicken, frozen pizzas, Lunchables, Hot Pockets, blocks of cream cheese and pumpkins.

There are nearly 30,000 dollar stores nationwide, more than Starbucks and Walmart combined, and up from 20,000 in 2011. Dollar General and Dollar Tree are planning 20,000 more. Dollar General is opening four stores a day, a rate the company is expected to maintain through 2019.

Their customers are made up of three demographics: poor people, black people and rural people. The ILSR documented, with Tulsa, Oklahoma, as its test case, how the presence of dollar store chains can correlate even more strongly with race than income, with locations opening in food deserts historically neglected by supermarket chains.

“Essentially what the dollar stores are betting on in a large way is that we are going to have a permanent underclass in America,” real estate analyst Garrick Brown told Bloomberg in 2017.

Dollar General CEO Todd Vasos agreed, telling The Wall Street Journal, “The economy is continuing to create more of our core customers.” In other words, the more lower-income Americans struggle, the better dollar stores do.

The market tends to agree as well, with Dollar General Corp. valued far above the largest grocery chain, Kroger Co., which still has revenue five times that of its dollar-store competitor. One reason is the dollar-store profit margin, which is significantly higher than grocery stores thanks in part to small-quantity packaging designed to keep prices low even as the value drops, providing customers less for their money.

That isn’t a result of consumer irrationality, but rather is a necessity for lower-income households, whose pinched budgets don’t allow for bulk purchases. 

More than a harbinger of how corporations will profit from a permanently stratified United States (and work to perpetuate that stratification: Dollar General joined other retailers in lobbying for the Republican attempt to fully repeal Obamacare earlier this year), dollar stores are both symptom and disease.

  Dollar stores are multiplying rapidly. Since 2011, two dominant chains — Dollar General and Dollar Tree, which acquired Family Dollar in 2015 — have grown from about 20,000 locations to nearly 30,000 total. Both plan to expand even further. In their most recent annual reports, the two chains indicate they have identified locations for a combined total of 20,000 additional outlets. [   MORE   ]

Dollar stores are multiplying rapidly. Since 2011, two dominant chains — Dollar General and Dollar Tree, which acquired Family Dollar in 2015 — have grown from about 20,000 locations to nearly 30,000 total. Both plan to expand even further. In their most recent annual reports, the two chains indicate they have identified locations for a combined total of 20,000 additional outlets. [MORE]

The report says “As our maps of Tulsa show, dollar stores have largely side-stepped the city’s whitest neighborhoods and have instead concentrated in census tracts with more African American residents. Indeed, the presence of dollar stores appears to correlate much more strongly with race than with income.“

While dollar stores sometimes fill a need in cash-strapped communities, growing evidence suggests these stores are not merely a byproduct of economic distress. They’re a cause of it. In small towns and urban neighborhoods alike, dollar stores are triggering the closure of grocery stores, eliminating jobs, and further eroding the prospects of the vulnerable communities they target. These chains both rely on and fuel the growing economic precarity and widening inequality that plague America.

As local grocery stores disappear, some communities are left with only dollar stores for buying food. Although most dollar stores sell only a limited selection of processed foods and no fresh produce, dollar stores are now feeding more Americans than Whole Foods is.

Dollar stores are a poor substitute for grocery stores. A typical dollar store carries no fresh produce, only a limited selection of processed foods. And they aren’t necessarily less expensive. Packaged in single-serving quantities, their food offerings have lower price points, but are often more expensive per ounce.

In conjunction with a longer feature, ILSR has published a detailed fact sheet for organizers, activists, lawmakers, and all concerned citizens on the impact of dollar stores and how to best address them in their communities.

While they provide an economic stop-gap for low-income populations, dollar stores have an ultimately damaging effect on economic wellbeing. They displace independent grocery and retail options, draining communities of their local character, history, and opportunity.

Dollar stores also provide fewer and lower quality jobs, often without benefits, than traditional Main Street businesses. Profits are ultimately being vacuumed up by corporate headquarters, not dispersed throughout the community or recirculated in the local economy.

Dollar stores employ fewer people than the grocery stores they eliminate. Dollar General outlets have a nine-person staff on average, while small independent grocery stores employ an average of 14 people.6 Dollar store jobs are not only fewer in number but also lowwage and low quality. Employees are monitored intensely and subject to a “web of contradictory work policies.” Store managers earn a salary of about $40,000 but must work long hours without overtime. Court records reveal that dollar chains frequently face class-action lawsuits for violating fair labor laws, typically paying millions to settle such suits out of court. These companies also lean heavily on taxpayers to subsidize their employees’ healthcare. [MORE]

Alongside urban black neighborhoods, another place the dollar chains think they will find enduring poverty is rural America. Small towns have been battered by corporate consolidation. Mergers have triggered plant closures. Agribusiness giants have slashed farmers’ incomes. As a result, rural communities have experienced little in the way of new business and job growth during the current economic recovery, new data show.

[Color Always Replaces Non-Color] Fearing Replacement, White Nationalists in France Seek Govt Power to Legitimately Commit Genocidal Acts of Violence on Non-Whites & Enforce a Re-Migration Fantasy

In a two-part investigation, Al Jazeera's Investigative Unit goes undercover to expose France's far-right and reveals secret links between violent extremists and one of France's biggest political parties. Marine Le Pen recently changed the name of the National Front as part of efforts to reform the party's image and make it more acceptable to French voters.
  Neuropean    Marie Le Pen    is a French PUPPETICIAN and lawyer serving as President of the    National Rally    political party (previously named National Front) since 2011, with a brief interruption in 2017. She is known as the    trump    of france

Neuropean Marie Le Pen is a French PUPPETICIAN and lawyer serving as President of the National Rally political party (previously named National Front) since 2011, with a brief interruption in 2017. She is known as the trump of france

FUNKTIONARY explains that a "Caucasian" - is "One whose worst and most basic fear still remains genetic annihilation in the form of the fear of the impending "Black Planet." Whither goest thou white man? (See: Weiteko Disease, Yurungu, Western Civilization, Recessive Genes, Colored People, Melanin & Mutant). 

As explained by Dr. Frances Cress Welsing, “color always annihilates non-color.” Rarely discussed, it is scientific fact that white people are genetic recessive and are unable to produce color or melanin. Social integration or intermixing sexual relations with non-whites is considered white genocide to racists. Most white people consciously or subconsciously understand the following;

  • White plus Black equals Colored.

  • White plus Brown equals Colored.

  • White plus Yellow equals Colored.

Most white people participate in the global system of racism white supremacy, a behavioral system created for their survival. 90% of the world’s 7 billion people are non-white. White people's behavior in all areas of people activity (economics, education, entertainment, labour, law, politics, religion, sex and war) is motivated by their fear of genetic annihilation. According to racist logic, white supremacy domination and oppression of all non-white people is essential for white global genetic survival. Welsing states, the white global collective remains genetically recessive to the black, brown, red and yellow global majority and lives each day and each minute of every hour in the continuous fear of white annihilation by the global majority of genetic dominants. 

As explained by Dr. Blynd, Yurugu is in a vicious spiral increasingly at odds with his own humanity—as fragmented, pathological, and distorted as it is. [MORE] FUNKTIONARY further defines;

Weitko Disease - the caucasian’s patapathetic fascination with the exploitation and control of nature and exploitation and genocide of his fellow man. [more]

European psychology - the pathological notion that: "If you can't understand it, fabricate it, identify with it, compete with it. discredit it, or assimilate it, then destroy it." (See: Yurugu & Weiteko Disease) [MORE]

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The Al jazeera documentary above shows the National Front’s attempt to attain governmental power for the sole purpose of Yurugu’s survival. Here, they are going through great pains to attain a popular level of legitimacy in a quest to attain government authority. Like a wave pretending to maintain “its” separateness from the ocean, racists’ psychopathic goals are to maintain their imaginary separate species or “race.”

These stupid (unconscious) people are believers caught up in Doggy’s trickbags. That is, they are ruled through empty representations or granfalloons; race, authority and government. A closer look reveals that these things are as real as Santa. According to FUNKTIONARY

believer - one who accepts that which has no basis in reality. 2) a person who enjoys being deceived. A believer does not seek—just accepts theologies and/or ideologies. 3) one who is addicted to vanity and/or chained to convention with conviction. - one who lives in a cloud of illusions, confounded by language and its deceptions. Believers are people who make their lives subjective slaves to a mere belief—engineered my limited and fragmented understanding and fostered by erroneous conclusions raised solely on effects and appearances. {MORE]

Race - a totally artificial theologically-driven, biologically-based, and scientifically-invalid "European" ideology of human genetic evolution and classification coinciding 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. [MORE]

Racists live in a state of constant comparison, which Dr. Blynd defines as follows: 

comparison - a disease of the mind due to the ignorance of uniqueness. Each individual is unique and beyond the scope of comparison. Those who fall victim to comparison will either become egoistic or bitter. You don't belong to any hierarchy - nobody is lower or higher than what "you" imagine yourself and "others" to be. Comparison creates differences or distinctions only when there is not uniformity. Comparison limits the possibility of living in the moment. (See: Judgment, Problems, Moment, Running Man, Surrender, Value, Exchange Value, Uniqueness, Awareness & Compassion). [MORE]

Race is a "psychological retro-virus in people's minds."  Suffering from the disease of constant comparison racists imagine themselves to be a part of a hierarchy wherein persons unable to produce color & lacking melanin are supreme and they imagine themselves to be higher than what they imagine non-whites be. They play their imaginary survival game with white propaganda - “a game two can play—which consists simply in repeating '"i am better than you" and "you are utterly unlike (opposite to) me" over and over again; despite the historical record to the contrary.

The only purpose of race is to practice racism. Having little biological validity, the term "race" is better translated to mean organization. The sole purpose of such organization is to maintain white domination and world control of non-whites, who have been frictionalized into made up classifications of people by racists. [MORE]

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Government - The control of the mind." 2) an abstraction (hoax) created for the sole purpose of making theft respectable and mind-control acceptable. 3) the societal manifestation of mass individual psychological reversal, i.e., the statutes, regulations, agencies, and agents (so-called bureaucrats) needed to threaten and shrink one's comfort zone. 4) a granfalloon. 5) a fiction supported by those who kill on command and steal on demand under the guise of "protecting" their victims. [MORE]

Government “authority” can be summed up as the right to rule. “The concept of “government” is about certain people having some special right to rule. And that idea, the notion that some people – as a result of elections or other political rituals, for example – have the moral right to control others, in situations where most people would not, is the concept being addressed here. It is the idea that some people have the moral right to forcibly control others, and that, consequently, those others have the moral obligation to obey.” [MORE

According to statist belief “the people” have delegated powers to politicians. And politicians have transferred or given government orderlies [such as cops] the moral right to commit acts of unprovoked violence on people. That is, police officers have acquired the moral right to initiate violence and commit acts of aggression against others (by way of so-called “laws”) “to protect” the people for their own benefit. [MORE]

Question here: can you delegate a right to someone that you don’t have? where does authority, the right to rule others, come from? Asked differently, you don’t have the right to initiate unprovoked acts of force against other people - so how can you delegate or authorize another person to do such things? How did politicians, judges, police and other orderlies acquire such super-human powers? 

Undeceiver Larken Rose states, “Despite all of the complex rituals and convoluted rationalizations, all modern belief in “government” rests on the notion that mere mortals can, through certain political procedures, bestow upon some people various rights which none of the people possessed to begin with. The inherent lunacy of such a notion should be obvious. There is no ritual or document through which any group of people can delegate to someone else a right which no one in  the group possesses, And that self-evident truth, all by itself, demolishes any possibility of legitimate “government. 

The average person believes that “government” has the right to do numerous things that the average individual does not have the right to do on his own. The obvious question then is, How, and from whom, did those in “government” acquire such rights? How, for example – whether you call it “theft” or “taxation”– would those in “government” acquire the right to forcibly take property from those who haw earned it? No voter has such a right. So how could voters possibly have given such a right to politicians? All modern statism is based entirely on the assumption that people can delegate rights they don’t have.” [MORE]

Rose states, “the belief in “authority,” which includes all belief in “government,” is irrational and self-contradictory; it is contrary to civilization and morality, and constitutes the most dangerous, destructive superstition that has ever existed. Rather than being a force for order and justice, the belief in “authority” is the arch-enemy of humanity.” People cannot delegate rights they do not have, which makes it impossible for anyone to acquire the right to rule (”authority”). People cannot alter morality, which makes the “laws” of “government” devoid of any inherent “authority.” Ergo, “authority”-the right to rule-cannot logically exist. A human being cannot have superhuman rights, and therefore no one can have the inherent right to rule. A person cannot be morally obliged to ignore his own moral judgment; therefore, no one can have the inherent obligation to obey another. And those two ingredients-the ruler’s right to command and the subject’s obligation to obey-are the heart and soul of the concept of “authority,” without which it cannot exist. And without “authority;” there is no “government.” If the control which the gang called “government” exerts over others is without legitimacy, it is not “government;’ its commands are not “laws;’ its enforcers are not “law enforcement.” [MORE]

Dr. Blynd explains "the difference between an outlaw and a lawman is mainly on paper - not on principle." Said principle is based entirely on people’s perceptions. Conduct carried out by non-government actors is characterized as trespass, robbery, extortion, assault and murder and is perceived as immoral, unjustified, and criminal. The same conduct carried by government orderlies is seen as valid and legitimate, “legal” and good.

Here the White Nationalist or facist outlaws above seek governmental power - as all psychopaths tend to do in order to enforce their stupid beliefs down other people’s throats. Thus, a problem featured here is not just the system of racism/white supremacy but the belief in authority and government itself. Not just that the wrong people seek to be masters in France but that masters exist in the first place.

Dr. Blynd states “There is no freedom in the presence of so-called authority, i.e. outside of one's Self and Self-Nature.) He further states, authority is rule through coercion. The real threat to "authority" is the masses overcoming info-gaps and verigaps through self-knowledge and the proliferation of symbols of opposition, not crime or destruction of property.” 

Trolling for a Traffic Violation, a White Cop Followed a Black Man all the Way Home & then Warrantlessly Searched His Apt Based on Smelling Weed from Outside his Door- Kansas Sup Ct Upheld Search

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From [TechDirt] The Kansas Supreme Court has just given cops a pass to treat residents' homes like cars on public roads. Being in a car greatly diminishes your Fourth Amendment protections and many a warrantless search has been salvaged by an officer (or a dog) testifying they "smelled marijuana" before tearing the car apart.

Unlike a car on a public road, a person's home has traditionally been given the utmost in Fourth Amendment protections. The bar to search a home is higher than the bar to search a vehicle. Cops aren't supposed to be walking up to windows to peek inside. Nor at they supposed to hang out by the door, hoping to catch a whiff of something illegal.

But that's exactly what they'll be able to do now. If they can find a reason to approach someone's home, all they need to do is declare they smelled marijuana to get past the front door without a warrant. This completely subjective form of "evidence" can be used as probable cause to effect a warrantless search.

The stupefying opinion [PDF] opens with an equally-stupefying bit of exposition:

While on routine surveillance at a local convenience store, Lawrence Police Officer Kimberly Nicholson checked a vehicle's license plate. That records check indicated the car had been stopped several weeks earlier with Irone Revely driving. It was noted there was an active arrest warrant for Revely's brother, Chayln Revely. Nicholson confirmed Irone was the driver, and she believed the passenger matched Chayln's description.

Nicholson followed the vehicle, looking for a traffic violation that would permit a vehicle stop and might allow the officer to confirm the passenger's identity. No violation occurred, so Nicholson followed the vehicle to an apartment complex. The passenger got out and ran into an apartment. Irone trailed behind. Nicholson approached and asked Irone if the person who ran into the apartment was his brother. Irone did not answer and continued walking toward the apartment with Nicholson following.

Nicholson followed the vehicle, looking for a traffic violation that would permit a vehicle stop and might allow the officer to confirm the passenger's identity. No violation occurred, so Nicholson followed the vehicle to an apartment complex. The passenger got out and ran into an apartment. Irone trailed behind. Nicholson approached and asked Irone if the person who ran into the apartment was his brother. Irone did not answer and continued walking toward the apartment with Nicholson following.

i+work+for+you (1).jpg

The Techdirt writer said “I'm still trying to wrap my mind around the phrase "routine surveillance at a local convenience store" that's just casually dropped into the opening of the opinion as if that collection of words made any sort of sense. Is this how we're spending our law enforcement dollars? Hanging out by local businesses and running plates? It seems, at best, incredibly inefficient. [the Techdirt writer misunderstands the purpose of police as he mistakenly believes cops are here to protect, serve and otherwise help you somehow. Other standouts here ‘to wrap your mind around’ are that the Supreme Court has said cops cannot follow or stop people for pre-textual reasons and also that flight alone (if evidence established that the driver was actually fleeing from the voyeuristic cop when he ran into his apartment] cannot support a basis to stop, search or arrest. However, such considerations entirely miss the point about the myth of authority in demockery. Cops so frequently abuse their power that In the face of such brazen 4th Amendment violations, no one—no motorist, no juvenile, no adult, no professional of any kind—could make a compelling argument that so-called constitutional rights afford any real protection from cops in this police state. Racist suspect statists oppose such arguments but fail to realize that one day they also may be subject to such governmental treatment. Everyday government power expands in some way and everyday your chains should be more visible to you]

That being said, the 7-11 stakeout (or whatever) led Officer Nicholson to the door of Lawrence Hubbard's apartment. That's when the law enforcement magic happened:

Nicholson later testified she was about 2 feet from the front door when Hubbard exited. She further testified she "smelled a strong odor of raw marijuana emanating from the apartment." The officer questioned Irone and Hubbard about the smell. Hubbard denied smelling anything and said his lawyer told him humans cannot detect a marijuana odor.

(That last sentence is equally stupefying. Marijuana does have an odor. That being said, that odor is not always present when an officer claims it is. See also: every search predicated on the smell of marijuana that fails to turn up any marijuana.)

More officers had arrived by that time and decided they might need a warrant. The officers told everyone present to leave until the apartment could be searched. Three officers, including Nicholson, performed a "security sweep" to make sure everyone had left. During this sweep, officers saw drug paraphernalia, a gun, and a locked safe. The warrant arrived and the safe was pried open, resulting in the discovery of 25 grams of marijuana.

Now, let's look at Officer Nicholson's claim:

Nicholson said she "smelled a strong odor of raw marijuana emanating from the apartment."

Here's what was found:

[O]fficers pried open the safe and found 25.07 grams of raw marijuana inside a Tupperware container…

So, from two feet outside the doorway, Officer Nicholson smelled raw marijuana located in Tupperware container inside a locked safe inside a bedroom inside the "back bedroom" closet. That's the story she stuck with, which seems facially unbelievable given the facts of the case.

Whatever, says the Kansas Supreme Court. Officer Nicholson was declared credible, given her past nasal expertise. The same with the other officer, who also smelled raw marijuana through the Matryoshka-esque layers shielding the contraband from random apartment visitors.

Among other things the defendant argued the cops fabricated smelling marijuana after the officer racially profiled him. [MORE]

Among its factual findings, the court concluded: (1) Nicholson had "detected the smell of raw marijuana 200 to 500 times and burnt marijuana 100 to 300 times" in her law enforcement training and professional experience; (2) when Hubbard came out of his apartment, closing the door behind him, both Nicholson and Ivener could smell what they identified as the odor of raw marijuana coming from the apartment; (3) Ivener testified the smell was "potent" and "overwhelming…"

LOL at "overwhelming." One burnt cig and 25 grams in a locked safe inside a sealed Tupperware container. Officer Ivener is more bloodhound than human and is obviously credible as fuck. This third attempt to suppress the evidence fails because the state Supreme Court says assertions that cannot be proven are all that's needed to waive probable cause search requirements. If an officer claims to smell marijuana, the exigent circumstances exception to the warrant requirement kicks in. After all, preventing someone from flushing weed down the toilet is more important than ensuring the rights of the policed.

[W]e agree with the panel that the probable cause plus exigent circumstances exception permitted the warrantless sweep. Therefore, to the extent the paraphernalia evidence and the search warrant were fruits of a warrantless search, the sweep was not illegal and the challenged evidence is not subject to exclusion.

The sound you hear accompanying this sentence is the Constitution being run through the shredder like Banksy artwork:

We hold that the totality of the circumstances surrounding a law enforcement officer's detection of the smell of raw marijuana emanating from a residence can supply probable cause to believe the residence contains contraband or evidence of a crime.

There's all officers need to obtain a warrant. And since you can't have anyone destroying the evidence you claim you smell while you're waiting for a warrant, you get a free warrantless peek.

The panel focused on the second, fourth, and fifth Dugan factors. Under the second, the court highlighted Ivener's testimony that he did not know how many people had been in the apartment originally and whether they all left, so the officers could not know whether everyone was out. This weighs in the State's favor. Under the fourth factor, the panel noted there was evidence the occupants were aware of the officers' presence, so this also weighs in the State's favor because it demonstrates anyone staying behind would be alerted to the likelihood of an impending search.

The dissent says the lower court did not do enough to vet the officers' claims about their ability to identify the odor of raw marijuana a few dozen feet away from where it resided inside a sealed container inside a locked safe. It points out that if officers want to be considered experts on the odor of marijuana, they should be treated as expert witnesses when testifying. Instead, the lower court accepted their claims of expertise (the hundreds of past marijuana odor sniffs) but then decided they should only be held to the same standard as a lay person giving non-expert testimony. From the dissent:

The officers in this case were not testifying as mere lay persons. On the contrary, they specifically stated that the origin of their ability to smell and identify the source of their olfactory perception as raw marijuana stemmed from their brief exposure to the identified odor during their study at one or more police academies, followed by their experience with numerous cases in which they had successfully detected the substance. This uncontroverted dependency between the officers' training and experience on the one hand and the opinions they expressed on the other hand qualified their testimony about detecting the strong, potent, or overwhelming odor of raw marijuana as expert opinion testimony.

[...]

As urged by the defense, the science, if any, behind the officers' apparently sincere belief in their professed ability to detect an odor of raw marijuana should have been subjected to vetting under the rule of Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), which is now codified in subsection (b). The officers' expert opinion testimony should have been admitted on the critical issue of the existence of probable cause at the time of the sweep of the apartment only if "(1) [t]he testimony [was] based on sufficient facts or data; (2) the testimony [was] the product of reliable principles and methods; and (3) the witness[es] ha[d] reliably applied the principles and methods to the facts of the case." K.S.A. 2017 Supp. 60-456(b). The district judge erred by failing to exercise her gatekeeping function under subsection (b).

This would have given the defendant a chance to raise a Daubert challenge during trial, which could have resulted in the lower court finding in his favor on the unconstitutional search argument. Rather than officers simply saying "Oh, I've smelled weed a lot and also this time," they'd actually have to provide some evidence of their claims. Is there anything "scientifically valid" about claiming to have experienced the "overwhelming" odor of raw marijuana safely ensconced in a goddamn safe? Probably not. But we'll never know because Kansas courts won't apply that standard. And the state's courts will never have to apply the standard because the top court has stated it's now OK for cops to rescue a warrantless search simply by saying they smelled something illegal.

All Watched Up: Your Apps Know Where You Were Last Night, and They’re Not Keeping It Secret

From [HERE] The millions of dots on the map trace highways, side streets and bike trails — each one following the path of an anonymous cellphone user.

One path tracks someone from a home outside Newark to a nearby Planned Parenthood, remaining there for more than an hour. Another represents a person who travels with the mayor of New York during the day and returns to Long Island at night.

Yet another leaves a house in upstate New York at 7 a.m. and travels to a middle school 14 miles away, staying until late afternoon each school day. Only one person makes that trip: Lisa Magrin, a 46-year-old math teacher. Her smartphone goes with her.

An app on the device gathered her location information, which was then sold without her knowledge. It recorded her whereabouts as often as every two seconds, according to a database of more than a million phones in the New York area that was reviewed by The New York Times. While Ms. Magrin’s identity was not disclosed in those records, The Times was able to easily connect her to that dot.

The app tracked her as she went to a Weight Watchers meeting and to her dermatologist’s office for a minor procedure. It followed her hiking with her dog and staying at her ex-boyfriend’s home, information she found disturbing.

“It’s the thought of people finding out those intimate details that you don’t want people to know,” said Ms. Magrin, who allowed The Times to review her location data.

Like many consumers, Ms. Magrin knew that apps could track people’s movements. But as smartphones have become ubiquitous and technology more accurate, an industry of snooping on people’s daily habits has spread and grown more intrusive.

At least 75 companies receive anonymous, precise location data from apps whose users enable location services to get local news and weather or other information, The Times found. Several of those businesses claim to track up to 200 million mobile devices in the United States — about half those in use last year. The database reviewed by The Times — a sample of information gathered in 2017 and held by one company — reveals people’s travels in startling detail, accurate to within a few yards and in some cases updated more than 14,000 times a day.

[Learn how to stop apps from tracking your location.]

These companies sell, use or analyze the data to cater to advertisers, retail outlets and even hedge funds seeking insights into consumer behavior. It’s a hot market, with sales of location-targeted advertising reaching an estimated $21 billion this year. IBM has gotten into the industry, with its purchase of the Weather Channel’s apps. The social network Foursquare remade itself as a location marketing company. Prominent investors in location start-ups include Goldman Sachs and Peter Thiel, the PayPal co-founder.

Businesses say their interest is in the patterns, not the identities, that the data reveals about consumers. They note that the information apps collect is tied not to someone’s name or phone number but to a unique ID. But those with access to the raw data — including employees or clients — could still identify a person without consent. They could follow someone they knew, by pinpointing a phone that regularly spent time at that person’s home address. Or, working in reverse, they could attach a name to an anonymous dot, by seeing where the device spent nights and using public records to figure out who lived there.

Many location companies say that when phone users enable location services, their data is fair game. But, The Times found, the explanations people see when prompted to give permission are often incomplete or misleading. An app may tell users that granting access to their location will help them get traffic information, but not mention that the data will be shared and sold. That disclosure is often buried in a vague privacy policy.

“Location information can reveal some of the most intimate details of a person’s life — whether you’ve visited a psychiatrist, whether you went to an A.A. meeting, who you might date,” said Senator Ron Wyden, Democrat of Oregon, who has proposed bills to limit the collection and sale of such data, which are largely unregulated in the United States.

“It’s not right to have consumers kept in the dark about how their data is sold and shared and then leave them unable to do anything about it,” he added.

Mobile Surveillance Devices

After Elise Lee, a nurse in Manhattan, saw that her device had been tracked to the main operating room at the hospital where she works, she expressed concern about her privacy and that of her patients.

“It’s very scary,” said Ms. Lee, who allowed The Times to examine her location history in the data set it reviewed. “It feels like someone is following me, personally.”

The mobile location industry began as a way to customize apps and target ads for nearby businesses, but it has morphed into a data collection and analysis machine.

Retailers look to tracking companies to tell them about their own customers and their competitors’. For a web seminar last year, Elina Greenstein, an executive at the location company GroundTruth, mapped out the path of a hypothetical consumer from home to work to show potential clients how tracking could reveal a person’s preferences. For example, someone may search online for healthy recipes, but GroundTruth can see that the person often eats at fast-food restaurants.

“We look to understand who a person is, based on where they’ve been and where they’re going, in order to influence what they’re going to do next,” Ms. Greenstein said.

Financial firms can use the information to make investment decisions before a company reports earnings — seeing, for example, if more people are working on a factory floor, or going to a retailer’s stores. [MORE]

Taken by prosecutor, sold to police: Inside the Philadelphia DA’s side hustle — selling Black & Latino People's Seized Homes to Speculators and Cops

From [HERE] Maleny Vazquez remembers when the police came and took the house across the street. Vazquez has only lived on this block of Waterloo Street for a few years, but in this chaotic section of Kensington, riven by the drug trade, she has gotten used to seeing police empty homes.

“There were lot of guns and a lot of drugs in there,” she recalls. “They took 30 guns out of there.”

In neighborhoods across Philadelphia, the city sells homes that owe back taxes, or have fallen into foreclosure. But the sales in Vazquez’s neighborhood were different. Here, police seized properties after drug raids. Once they were taken, the district attorney auctioned them off to the highest bidder, for cash that went back to the law enforcement agencies. The legal process is known as civil asset forfeiture.

Vazquez has never heard this term, she just watched as neighbors were taken away in cuffs and their homes sold by the DA –– controversially, with no guilty verdict required. She doesn’t know exactly how many of the two-story rowhomes on her block were forfeited, but she knows it was a lot.

In fact, the number of seized homes on Vazquez’s block was more than anywhere else in Pennsylvania. No other jurisdiction in Pennsylvania took as much property as Philadelphia and no other block in the city saw as many forfeiture petitions as this narrow stretch of two-story rowhomes on Waterloo Street. On Vazquez’s block, the DA attempted to seize nearly one-quarter of the properties between 2011 and 2015 alone.

The escalation of America’s drug war in the 1980s saw police ramp up the use of asset forfeiture here and on other blocks in the shadow of Kensington’s infamous Gurney Street drug market, near an abandoned rail line that long attracted encampments of opioid users. Abundant evidence of drug activity and a lack of legal representation for indigent clients made securing a forfeiture petition from a judge easy work. A forfeiture petition for one property lists one gram of marijuana, a half gram of cocaine and some over-the-counter pills as justification for taking. In one case recently settled in a $3 million class-action lawsuit, Norys Hernandez nearly lost the rowhouse she and her sister owned after police arrested her nephew on drug dealing charges and seized the house. Another family named in the suit fought to save their house from the grip of law enforcement after their son was arrested for selling $40 worth of drugs outside of it. Of the lawsuit’s four named plaintiffs, three had their houses targeted for seizure after police accused relatives dealing drugs on the property. None of the homeowners were themselves accused of committing a crime.

As families fought to keep homes targeted by the DA, the revenues from the forfeiture sales became a big moneymaker for local law enforcement – netting some $6 million annually in the best years. The proceeds turned into an unregulated budget split between the police and DA. The money made off of the seized homes went to buy wish list items ranging from new submachine guns to custom uniform embroidery. But officials long maintained that these sales weren’t about the cash; they were meant to empower the city to kick out dealers, seal houses and move properties out of the hands of alleged criminals.

Forfeiture was supposed to improve communities. Or so authorities said.

But a PlanPhilly analysis of 1,682 deed records linked to properties auctioned by the Philadelphia District Attorney’s office between 1993 and 2018 uncovered a far more complex legacy. [MORE]

Delaware AG Drops Life Sentence Against Innocent Black Man Convicted by All White Jury, Judge & Prosecutor & Locked Up 39 years for Raping White Teen based on "Flawed" FBI Testimony

  Elmer Daniels was released from Howard Young prison Thursday, December 13, 2018, just before lunchtime--one day after his 57th birthday. Daniels, who was 18 at the time, was convicted in 1980 for the rape of a 15-year-old girl. [   MORE   ]

Elmer Daniels was released from Howard Young prison Thursday, December 13, 2018, just before lunchtime--one day after his 57th birthday. Daniels, who was 18 at the time, was convicted in 1980 for the rape of a 15-year-old girl. [MORE]

From [HERE] and [HERE] Elmer Daniels left prison this week a free man. He’s spent 39 years in prison.

Daniels, who turns 57 Wednesday, was given a life sentence in 1980 when he was convicted of raping a 15-year-old white girl in Wilmington.

The state has filed a motion to dismiss the charges, saying there was faulty FBI testimony on hair evidence and a mistaken witness identification - but won’t say he’s innocent.

Daniels’ attorney Emeka Igwe said his client, an African American, completely denies the charges.

Igwe argues the case is rife with racial bias. He says the prosecutor and the judge were white. And the jury which convicted him was all white.

“Race played a very big factor in this case," he said. "It’s not something we like to talk about, but the reality is the reality and the truth is the truth.”

The Delaware Attorney General’s Office said there’s not sufficient evidence he was wrongfully convicted.

Igwe strongly disagrees with that interpretation.

“Mr. Daniels was convicted wrongfully and incarcerated wrongfully for 39 years," he said. "And it’s a tragic, sad case of injustice and Mr. Daniels would have died in jail had we not got involved in this case.”

In 1980, an FBI agent testified in Elmer Daniels' rape trial that hair evidence found on both the victim and Daniels linked him to the assault. 

Thirty-nine years later, the FBI and the U.S. Department of Justice have determined that testimony – ironclad at the time – has "exceeded the limits of science" and is "invalid," court documents say.

The state won't go so far as to say Daniels, now 56, is innocent.

But it does say that dismissing the indictment is the "most just outcome." 

Given the minimum mandatory sentence for first-degree rape today, the state determined that if Daniels would have been found guilty now, he would have already served his sentence plus additional time. 

Daniels would be released after Superior Court accepts the state's motion.  

The Delaware Department of Justice was notified of the problematic testimony in this case from FBI Special Agent Michael Malone on Jan. 31, 2018, according to court documents.

The Innocence Project and the National Association of Criminal Defense Lawyers have been assisting the FBI in reviewing testimony regarding the use of hair evidence since 2015 when the federal agency publicly said FBI hair examiners were providing overreaching testimony.

In 2015, three defendants were identified among more than 250 cases nationwide in which this flawed testimony was provided. The Delaware cases were not made public.

Early this year, the state and Daniels learned that the testimony about the weight of hair evidence and its impact on the case may have reached too far.

What did the FBI agent do?

The agent said in court that because a hair sample found on Daniels' pants could have come from the victim, and head hair found on the victim's underwear could have come from Daniels, that it was considered a "double match," according to court documents and trial transcripts.

The state relied upon this testimony to argue that Daniels was the man who raped the woman, citing the agent's assertion that he had never had a case where the hair samples didn't link back to the people in the specific case, according to court documents.

The state can't retry the case because the evidence was destroyed after Daniels appealed to the Delaware Supreme Court and lost, according to court documents.

"The State has filed this motion in view of its broader responsibility for the integrity of the criminal justice process and in the broader interest of justice," Delaware Attorney General Matt Denn wrote in court documents, stressing that there is no belief that a legal error occurred.

State prosecutors have no other suspects and prosecutors wrote that they were unable to contact the victim despite exhaustive attempts to find her.

What happened on Jan. 15, 1980?

Court documents say that on Jan. 15, 1980, a 15-year-old girl was walking from a local party to a gas station to call her mother. At the time, she was with a person she had only met that day who was intoxicated, court papers say.

When they left the gas station, they sat near railroad tracks at the corner of Augustine Cut-off and Lovering Avenue in Wilmington when they were approached by an African-American man who they didn't know, according to court documents.

The man, who identified himself as a security guard for the railroad, "threw her down, choked her, and raped her," court papers say. The person with her witnessed the attack.

The victim gave police a description of her attacker, as did the witness, after she reported the crime to law enforcement and sought medical attention at a local hospital, according to court documents.

How did police handle the investigation?

Police then showed her about 300 pictures, but she couldn't identify the man who raped her.

A second set of photos – which would later be disputed at trial and in the years after Daniels' conviction – led the victim to identify her attacker, according to court documents.

The only reason Daniels appeared in the line-up was because the witness to the crime "identified the suspect as someone named Elmer he knew from school where they had been in the same 8th grade homeroom class," court papers say.

A teacher confirmed this accusation back in 1980, but newly produced school transcripts found this statement to be false – Daniels and the witness never attended school together.

Still, a Wilmington police detective testified at the trial that the woman positively identified Daniels as her attacker and said that "there was no doubt in her mind," according to court records.

Why is this coming to light now?

Back in 2015, the Justice Department and FBI acknowledged that for more than 20 years preceding 2000, nearly every examiner in the FBI's elite microscopic hair comparison unit gave flawed testimony in trials.

This affected cases to the prosecutors' benefit. The National Association of Criminal Defense Lawyers and the Innocence Project, which has been involved in this review, found that the testimony aided in more than 95 percent of the 268 trials reviewed by early 2015.

FBI gave flawed testimony in 3 Delaware trials

As this review process has continued, states like Delaware have been notified of cases they believe should be revisited. [MORE]

Caucasian Terrorist who Intentionally Ran Over Crowd & Murdered White Anti-Racist Protester at “Unite the Right" "Rally" in Charlottesville Sentenced to Life in Prison

James Alex Fields .jpg

From [HERE] A jury on Tuesday called for a sentence of life in prison plus 419 years for the Hitler admirer who killed a woman when he rammed his car into counter-protesters at a white nationalist rally in Charlottesville in 2017.

The decision capped a trial laced with survivors’ anguished testimony and details of the driver’s long history of mental illness.

James Alex Fields Jr, 21, stood stoically with his hands folded in front of him as he heard the jury’s recommendation.

It will be up to Judge Richard Moore to decide on the punishment at Fields’s sentencing, set for 29 March. Judges in Virginia often go along with the jury’s recommendation. Under state law, they can impose a shorter sentence but not a longer one.

The jury called for a life sentence for first-degree murder in the killing of Heather Heyer, a 32-year-old paralegal and activist, and also asked for hundreds more years on nine counts involving injuries Fields caused to others and for leaving the scene of the crash. [MORE]

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