Dem Puppeticians Go Out of Their Way to Dissociate Themselves from Being Perceived as Advocates for Black Lives as House Approves Bill to Boost Police Funding that's Not Even Expected to become Law

From [HERE] House Democrats passed bills that would give millions of dollars in grants to police agencies, even as resistance from some progressives showed how difficult the issue has become for the party.

The votes on Thursday were designed to help vulnerable Democrats, some of whom are being accused of being antipolice in midterm campaign ads, to convey to voters that they want to combat rising crime rates and support law enforcement. The bills aren’t expected to move forward in the Senate or become law, and Republicans suggested the votes were a campaign-season stunt. A recent NBC News poll found that Republicans had a 23-point edge over Democrats on the question of which party was better at addressing crime as an issue.

“We must fund, not defund, law enforcement,” said Rep. Josh Gottheimer (D., N.J.), whose bill would authorize $60 million a year for five years for local police departments with fewer than 125 officers, for hiring and training, including for de-escalation of conflict. Some progressives pushed for more accountability measures for police officers in the legislation.

Mr. Gottheimer’s bill passed on a 360-64 vote, with nine Democrats and 55 Republicans voting against it.

As Directed by Her White Liberal Masters Rolebot Letitia James Found her defendant [Trump] first and then Looked for Evidence to Charge Him with Something. But What Does She Do For Black Folks?

From [HERE] Common wisdom says that on a good day state attorneys general do 70% politics and 30% law. That’s on a good day. On Wednesday New York Attorney General Letitia James lived up to that reputation by filing a civil lawsuit against Donald Trump. The suit alleges that the former President and three of his children inflated the asset values and net worth of their properties to get better terms from banks on loans and better deals from insurers.

Ms. James ran for office promising to indict Mr. Trump, which is the opposite of the way justice should be done. You’re supposed to find a crime and then identify the perpetrator. Ms. James declared Mr. Trump could “be indicted for criminal offenses” and has hunted ever since for a crime to charge him with. 

Her civil lawsuit requires a mere preponderance of evidence standard to prove guilt, not proof beyond a reasonable doubt. She has referred the case to the Internal Revenue Service and federal prosecutors in Manhattan, though the Manhattan district attorney didn’t file charges after examining the same issues.

This isn’t to dismiss the financial fraud charges. The lawsuit says Mr. Trump used “objectively false numbers to calculate property values,” including counting his Trump Tower apartment at 30,000 sq. ft. when it was 10,996 sq. ft. so that it could be improperly valued at $327 million. His golf course in Scotland was valued at $327 million on the calculation that 2,500 homes could be developed (worth $267 million) when he had zoning approval for only 1,500 homes and apartments. 

“All told, Mr. Trump, the Trump Organization, and the other Defendants, as part of a repeated pattern and common scheme, derived more than 200 false and misleading valuations of assets,” the lawsuit says. 

No one who has ever listened to Mr. Trump will be surprised if he hyped the value of his holdings in dealing with bankers. But then no one in New York finance would ever trust only what Mr. Trump claims before signing a document or lending him money.

As far as we’ve seen, the lenders don’t seem to consider themselves victims. They made money on the loans, which didn’t default. The transactions were presumably scoured by auditors and bank due-diligence officers. There is enormous variability in real-estate valuations. The question Ms. James will have to prove is whether Mr. Trump’s claims amounted to intentional fraud. 

The scent of politics can be detected in the sanctions Ms. James is seeking. She wrapped the three adult Trump children into the suit and is seeking to bar them for life from being officers of any business in New York. Mr. Trump would be barred from entering into any commercial real-estate acquisitions in New York state for five years and also barred from applying for loans from “any financial institution chartered by or registered with the New York Department of Financial Services” for five years.

She is also seeking $250 million in restitution, which probably exceeds the interest earned on the difference in interest rates that banks might have charged Mr. Trump if his assets were worth less than advertised. 

Ms. James’s decision to drop this lawsuit only a few weeks before the midterm election also smacks of political motivation. Mr. Trump isn’t on any ballot. But she knows Mr. Trump drives Democrats to vote, and keeping him at the center of the news is a Democratic priority. [MORE]

SNiggering Traitor Eric Adams Bends Over Backwards to Ease Perceptions of Orthodox Jews; Promises to Strengthen Cash Bail, Which Disproportionately Detains Blacks and Affects Ability to Retain an Atty

From [HERE] New York City Mayor Eric Adams held two separate, closed-door meetings with members of the Orthodox Jewish community at City Hall this week. 

Planned ahead of the Jewish New Year — which begins on the evening of Sunday, Sept. 25 — the meetings seemed designed to showcase the mayor’s support for Orthodox Jewish New Yorkers at a time in which many in the community are concerned about crime, in general, and antisemitic attacks, in particular. 

At the same time, the mayor called upon the Orthodox community for their continued support, particularly on the issue of bail reform, which he claims has returned dangerous criminals to the streets.

On Monday, Adams held an invitation only meeting with members of the haredi Orthodox press, including representatives from Hamodia, Der Yid and Yeshiva World News. On Tuesday, he had a sit-down with “our Jewish community leaders,” as he called them on Twitter — a mostly male and Orthodox group of leaders that included Rabbi David Niederman, executive director of United Jewish Organizations of Williamsburgand North Brooklyn; David Greenfield, CEO of Met Council, the anti-poverty group, and Satmar activist Rabbi Moishe Indig. 

At Monday’s media meeting, Hamodia reported that Adams doubled down on his support for Gov. Kathy Hochul when asked about whether or not Orthodox voters should cast their vote for her opponent, the Jewish Republican Rep. Lee Zeldin.

Zeldin is a staunch Conservative who is supported by former President Donald Trump, which lends him appeal to an Orthodox voting bloc that has voted Republican in recent years, at least in presidential elections.

“I am a Gov. Hochul person,” Adams said. “That’s where my vote is going. I encourage others to vote Gov. Hochul.”

Adams added that Hochul was a “partner” who was “extremely helpful in the area of crime,” he said. 

However, while Adams and Hochul are allies, there has been tension between the two on the subject of bail reform. Progressives say the cash bail system unfairly burdens the poor and leaves people more desperate and unstable. Racist and ignorant critics of bail reform, meanwhile, make fact free claims that the system keeps violent suspects off the streets.

In April, Hochul tightened New York’s bail laws, making more crimes bail-eligible and gave judges more discretion in determining the severity of cases. Adams, who ran his campaign as a tough-on-crime mayor, hoped she would go further and said in August that “an insane, broken system” was allowing repeat offenders to be released onto the streets. [MORE]

If a Cop Lies 1 Time Can You Believe Anything Else He Says? Nearly 1 Thousand Cases Dismissed or Convictions Vacated at the Request of NYC Prosecutors Due to Unreliable Testimony by Corrupt, Liar Cops

From [HERE] No matter how expensive law enforcement is, it can always get more expensive. Most agencies demand outsized portions of local budgets. That’s just the ground floor.

Cops want more money and less accountability. Perpetually. The cost of keeping bad cops on the payroll is far, far more than their paychecks. Bad cops generate lawsuits, which generate legal fees and settlements, all paid for by the people already paying their salaries.

That’s what the NYPD does. In addition to its ~$10 billion (with a “B”) annual budget, the city (via the billfolds of residents) hands out more than $250 million a year in lawsuit settlements. 

Then there’s the double-charging NYC residents have seen over the past couple of years. They pay cops to make busts, only to have those cops repay their trust with corruption and severe misconduct. Now, prosecutions that residents have paid for are being tossed, thanks to their link to disgraced or convicted NYPD officers. 

The additional bleeding started early last year, when a single corrupt NYPD narcotics detective (Joseph Franco, a 20-year-officer hit with 26 criminal charges in 2019) resulted in the dismissal of 90 cases. One officer, nearly 100 cases. The flow of blood continued throughout 2021, leading to another 60 dismissals in November, these related three officers facing criminal charges. One of those officers had been with the NYPD for thirteen years before finally being fired.

The bleeding has only accelerated since then. In August of this year, another 133 convictions linked to former detective Joseph Franco were dismissed by the Bronx district attorney, bringing this one officer’s total to more than 500 tossed cases. 

This is the latest news on the corrupt cop/case dismissal front for the NYPD. It very likely won’t be the last. 

District Attorney Eric Gonzalez presented 378 cases to a Brooklyn Supreme Court judge asking for their dismissal based on new evidence that the police officers who testified were not reliable witnesses.

“These former police officers were found to have committed serious misconduct that directly relates to their official job duties, calling into question the integrity of every arrest they have made,” Gonzalez said. “A thorough review by my Conviction Review Unit identified those cases in which their testimony was essential to proving guilt, and I will now move to dismiss those convictions as I no longer have confidence in the integrity of the evidence that underpinned them.”

These cases are linked to 13 officers, some who have been found guilty of criminal acts including planting drugs, taking bribes, perjury, and… um… murder[!!!]. 131 of the cases are linked to a corrupt Brooklyn narcotics unit. The other 78 cases are linked to two drug officers who admitted to accepting sexual favors as bribes. [MORE]

Coroner for Authoritarians Changes Autopsy for Authoritarians: Claims Elijah McClain Died from Ketamine and Not From 3 White Cops Beating, Choking and Piling on 140lbs Black Man as he Begged for Life

From [HERE] The Adams County coroner has changed the cause of death of 23-year-old Elijah McClain to ketamine administration following forcible restraint but maintains that the manner of death is “undetermined” — contradicting the state’s case against the police officers and paramedics who are charged in connection to his death.

It’s unclear exactly why the elected Adams County Coroner Monica Broncucia-Jordan and her contracted forensic pathologist changed their minds last year amid a statewide grand jury investigation. 

In the amended autopsy report made public on Friday, Dr. Stephen Cina, who performs autopsies for Adams County, wrote that he received new information in the grand jury probe, including extensive body camera footage, witness statements and additional records. He said he requested those back when he performed the original autopsy in 2019, but didn’t get everything. 

Cina noted that the large dose of ketamine McClain received by paramedics was the biggest culprit in his death. 

“Simply put, this dosage of ketamine was too much for this individual and it resulted in an overdose … I believe that Mr. McClain would most likely be alive but for the administration of ketamine.”

Cina also goes on to mostly take the blame off of law enforcement officers for McClain’s death and noted that the carotid control chokehold McClain received by police likely would not have left any lasting damage to McClain’s health.

“This type of hold is often used in the martial arts with no lasting adverse consequences,” he wrote. “There were no findings in the neck indicative of traumatic asphyxiation … I have seen no evidence that injuries inflicted by the police contributed to death.”

Cina noted that his opinion is that McClain “likely would have recovered if he did not receive this injection.”

The initial autopsy, released a few months after McClain’s 2019 deadly encounter with police, had an “undetermined” cause and manner of death and was signed by Broncucia-Jordan, with Cina performing the autopsy. 

But during the 2021 closed-door investigation by the statewide grand jury, new evidence was presented and the change was made official on July 1, 2021. It was released to the public on Friday. [MORE]

McClain died at a hospital after a violent arrest on the evening of August 24, 2019. McClain was walking home after he had gone to a corner store to purchase a soda or ice-tea.

McClain, who routinely wore masks when outside because he had anemia and became cold easily, according to family, refused to stop for officers when they first contacted him. However, the police apparently had no legal justification to stop him in the first place. “I have a right to go where I am going,” he said. The white Aurora officers involved were Randy Roedema, Jason Rosenblatt and Nathan Woodyard.

According to the federal indictment:

WOODYARD arrived first and ordered Mr. McClain to stop. WOODYARD did not see Mr. McClain with any weapons, but he noted a grocery bag and that, in his opinion, Mr. McClain was “suspicious.” Immediately after WOODYARD contacted Mr. McClain, ROSENBLATT joined WOODYARD, and the stop quickly turned physical. The officers grabbed Mr. McClain's arms then forcibly moved Mr. McClain over to a grassy area near where the officers first contacted Mr. McClain and pushed him up against the exterior wall of a nearby apartment building. ROEDEMA grabbed the grocery bag out of Mr. McClain’s hands and threw it to the ground. He did not examine the bag’s contents. The bag contained cans of iced tea. Mr. McClain was struggling as the officers attempted to restrain him. While Mr. McClain was pushed up against the wall and struggling, ROEDEMA told the other officers that Mr. McClain had reached for ‘your gun” Neither ROSENBLATT nor WOODYARD knew whether “your gun” meant ROSENBLATTs or WOODYARD's gun. ROEDEMA later said that Mr. McClain reached for ROSENBLATT's gun. ROSENBLATT stated that he did not feel any contact with his service weapon.

Officers are instructed that to perform a carotid control hold an officer uses his or her bicep and forearm to apply pressure to the carotid arteries on the sides of a 1 subject's neck, thereby cutting off blood flow to the subject's brain and causing temporary unconsciousness for the purpose gaining compliance or control ROSENBLATT stated that he applied an unsuccessful carotid control hold to Mr. McClain, and WOODYARD then applied a carotid control hold that resulted in Mr. McClain going unconscious and snoring. Mr. McClain suffered bodily injury. He was was rendered unconscious, suffered hypoxia, and his physical and mental condition were impaired. The risk of hypoxia and cerebral hypoxia was exacerbated by applying two carotid control holds. ROEDEMA also placed Mr. McClain in a bar hammer lock. Abar hammer lock is a physical defensive tactic whereby a subject's arm is held back behind their back to gain controlof the subject. ROEDEMA stated that he “cranked pretty hard” on Mr. McClain's shoulder and heard it pop three times. ROEDEMA, WOODYARD, and ROSENBLATT had all been trained that the carotid hold posed dangers and should never be administered more than once.

l hold, and ROSENBLATT radioed for Aurora Fire Rescue to respond to the scene. At the same time, Mr. McClain regained consciousness, the struggle resumed, and WOODYARD reported that Mr. McClain started to twist and pull away while on the ground. ROEDEMA, ROSENBLATT, and WOODYARD wrestled Mr. McClain to the ground. ROEDEMA tried to maintain control of Mr. McClain by putting his entire body on top of Mr. McClain in an attempt to sprawl him out.

The officers reported that Mr. McClain exhibited extraordinary strength. (a frail, 140-pound man, the three officers assumed that he was on drugs or a stimulant, performing for the camera, a white cop stated “Whatever he is on, he has crazy strength,” )The autopsy found only ketamine and marijuana in his system. )The officers placed Mr. McClain in handcuffs, and the officers continued to restrain Mr. McClain. ROEDEMA, ROSENBLATT, and WOODYARD remained on top of him and continued to hold him on the ground despite pleas that he could not breathe. 'WOODYARD rolled Mr. McClain onto his side into the “recovery position.” Officers were trained that if they administered a carotid control hold they had to place the individual in the “recovery position,” meaning placement on one’s side rather than in the prone position. Mr. McClain vomited multiple times while being restrained. Mr. McClain vomited into his mask during the struggle, and it ultimately came off after the handcuffs were secured. There was evidenceof vomit found inside the mask. Mr. McClain's handcuffs behind his back restricted his movement and prevented him from removing the mask.

Around this time, additional officers arrived on scene. ROEDEMA and ROSENBLATT continued to hold Mr. McClain on the ground, while WOODYARD walked away and was replaced by another officer. None of the officers checked Mr. MeClain’s pulse or monitored his airway, breathing, or circulation. ROSENBLATT straddled Mr. MeClain's legs, while ROEDEMA was positioned at McClain's back; Mr. McClain's hands were handcuffed behind his back. During this time, Mr. MeClain said his name, stated that he could not breathe and that what the officers were doing “really hurt,” Mr. McClain reported that he did not have a gun, did not do that sort of thing, he asked for help, and asked to find his phone. ROEDEMA applied, and directed other officers who responded to apply, pain compliance techniques to the handcuffed Mr. McClain. While restraining Mr. McClain, ROEDEMA increased pressure causing Mr. McClain tocry out, “Ah, ow, okay, okay.” KOEDEMA responded, “Well, chill out! You've already been told several times to stop.” Mr. McClain spoke again and ROEDEMA picked up Mr. McClain's torso and forcibly pushed it to the ground, causing Mr. McClain to cry out, “Ow!”

ROEDEMA was the senior patrol officer on scene and directed other officers. Mr. McClain repeatedly stated that he could not breathe. ROEDEMA ignored Mr. McClain's repeated statements that he could not breathe. Initially during the restraint, ROEDEMA, ROSENBLATT, and WOODYARD were all on top of Mr. McClain, and they were lying on his back. Throughout the restraint, two or three officers were physically restraining Mr. McClain, with ROEDEMA on his back and controlling him there, and with ROSENBLATT on Mr. McClain's legs. Other officers on the scene told ROEDEMA to make sure Mr. McClain could breathe, and ROEDEMA dismissed those reminders, asserting that Mr. McClain could breathe.

Additionally, prior to the restraint period, Mr. McClain vomited into his mask, which he was unable to remove during the struggle and once restrained. In addition to the vomit inside Mr. McClain'’s mask, Mr. McClain vomited repeatedly while being restrained on his side. Gurgling sounds by Mr. McClain were audible in body-worn camera video footage. Medical evidence indicated that this was evidence of potential aspiration while he was restrained. Mr. McClain's breathing further indicated he had hypoxia? following the police restraint and use of the carotid control hold. Medical evidence also conveyed that Mr. McClain was in a hypoxemic state with decreased cerebral oxygenation. Finally, Mr. McClain suffered from metabolic acidosis from the physical struggle with police. Hypoxia, hypoxemia? and metabolic acidosis, all constitute serious bodily injury. Individually and collectively, they pose a substantial risk of death or a substantial risk of protracted loss or impairment of the function of any part or organ of the body. [MORE]

Liar Acquitted: White Cop Said He Was "Terrified" when Jonathan Price Politely Greeted Him w/an Outstretched Hand, so He Shot the Black Man to Death. Cop Lied b/c He Knew White Jurors Would Believe It

From [HERE] A white police officer who fatally shot a Black man after the victim initially offered a handshake was acquitted of murder on Thursday.

Shaun Lucas, 24, shot Jonathan Price four times on Oct. 3, 2020, outside a convenience store in Wolfe City.

But Lucas apparently thought Price was drunk and moved to detain him. Police claimed that Price resisted and was unaffected when Lucas tried to shock him with a Taser. Cops further claimed that Price then reached for the Taser. Lucas said he feared for his life and responded by shooting and killing Price.

Body-camera footage of the incident was played at trial but never released to the public (because its secret).

Sabrina Price wept after the verdict was announced, per NBC Dallas-Fort Worth. She said, “There was not one person that looked like me,” said Sabrina Price, who is Black, of the Hunt County jury who made the decision.

Price, who was 31, extended his arm for a handshake and offered an apology for broken glass when Lucas arrived on the scene, according to both police statements and eye witnesses in the 1,100-person town about 60 miles northeast of Dallas.

Price, 31, reportedly approached Lucas politely and asked him how he was before offering to shake his hand. Lucas allegedly refused and tried to detain Price for suspected intoxication. Lucas then shot his Taser at the man before firing his gun at Price.

Police were initially called to the convenience store over reports of a fight. Witness testimony left it unclear how or why the fight started, but it was over by the time Lucas arrived on the scene.

“Shaun Lucas was acquitted in rural Hunt County, Texas, by an all white jury,” Price family attorney Lee Merritt said. “At the time of [Price’s] murder he was unarmed and did not pose a threat to anyone. Every law enforcement professional that reviewed the facts concluded Lucas’ use of force was unjustified.”

Lucas’ defense lawyers argued he acted in self-defense and was scared Price would grab his Taser.

“That’s the only reason he fired his gun,” attorney Robert Rogers said.[MORE]

'There's no justice to be had in our justice system. I will No Longer Participate in a system that's a Total Farce.' Super Attorney Drops Her Role of 'Helping to Make It Look Fair' in the Lex-icon

From [HERE] Attorney Leslie McAdoo Gordon Saturday announced in a 14-part Twitter thread she will no longer litigate cases in court due to the corrupt criminal and federal justice systems. 

McAdoo Gordon, principal at McAdoo Gordon & Associates, specializes in defending individuals and contractors against the federal government. Specialty areas include criminal defense, security clearances, federal employee discipline and removal, debarment of contractors, criminal, OIG and Congressional investigations, expungements, and attorney discipline. 

But after 26 years of litigating these cases in court, McAdoo Gordon says she is “retiring from the active practice of law in the courts.  I will no longer be representing clients in litigation (criminal, civil, appeal, administrative) matters or defending investigations. I am done being a working litigator.” 

McAdoo Gordon, formerly a special agent for the Department of Defense, Defense Investigative Service (now the Defense Counterintelligence and Security Agency), was frank about why she will no longer fight in court. 

“I'll have more to say later, but the bottom line is, after 26 years, & especially the last few, I have come to an inescapable conclusion: there is no justice to be had in our ‘justice’ system. I am no longer willing to participate in a system that I consider to be a total farce,” she said. 

“The state of our institutions - particularly the criminal ‘justice’ ones, but also the federal civil courts - is dire, & is unacceptable for a functioning republic. They must be radically overhauled & reformed, & a renewed emphasis on first principles restored,” she added. 

The attorney said that far from giving up the fight, she is shedding the shackles that have been holding her back. 

“My status as a practicing litigator has constrained me from speaking truth to and about the system.  With that constraint removed, I will not be silent any longer." 

“Some of us will need to be outside the system to do what is necessary & what can only be done by speaking freely,” she continued. “That can't be done by me personally unless I no longer have clients whose interests I am honor-bound to place above those of the system and the nation.  So, I am changing that to chart a new course.” 

McAdoo Gordon's plan remains a mystery, though she did confirm to America's Frontline News that she is “absolutely not running for public office.”

“The decision to do so was made only recently, although after a long period of contemplation.  But recent events - national, personal, & with regard to my caseload - have made it clear to me that the time is now right to begin this new chapter.” 

She confirmed she may continue to consult and provide expert testimony. 

“But, in the main, & for the foreseeable future, I am going to be focusing on our most urgent needs as a nation. We must rededicate ourselves to the rule of law, to federalism, to free speech, to true tolerance, to the Bill of Rights, to liberty values.  

“We have lost our connection to these things. We must find it again.  We will lose the Republic if we don't.” 

“We need now to screw up our courage and do what needs doing to preserve the Republic,” McAdoo Gordon concluded. “No one else is going to do it for us. It will not be easy. Nothing worth doing is. The Republic is absolutely worth it. And we will do it.” 

Nearly 8 in 10 Americans believe the United States has a two-tiered justice system, with politicians and members of the D.C. elite treated differently than ordinary Americans, reported America’s Frontline News.  

The Nationwide Issues Survey by The Trafalgar Group conducted last month asked 1,080 likely general election voters, “What is your opinion of the current state of the American justice system?”  

The poll found that 79.3% of Americans agreed that “There are two tiers of justice: One set of laws for politicians and Washington, D.C. insiders vs one set of laws for everyday Americans" while 11.6% said “There is one system of justice with laws applied to all Americans equally,” and 9.1% were not sure.  

When broken out by party, 87.8% of Republicans agreed that there are two tiers of justice, 6.9% believe it is a just system, and 5.3% are not sure.  

Surprisingly, most Democrats appeared to agree with the majority of Republicans, with 66.7% saying they believe there is a two-tiered justice system, 17.5% saying the justice system is equal for all, and 15.8% remaining unsure.

Black People’s 4th Amendment Rights Turned On/Off Like a Light Switch: Report says Police Stop-and-Frisk Blacks 18X More than Whites in Liberal Milwaukee [free range slavery disguised as democracy]

ACCORDING TO FUNKTIONARY:

ADHERENT RIGHTS – PRIVILEGES DISGUISED AS SO-CALLED “RIGHTS” CREATED BY MEN VIA DECEPTIVE WORD-MANIPULATION IN WRITTEN FORM CALLED “SYMBOLAEOGRAPHY,” AND LEGAL DOCUMENTS. 2) PRIVILEGES GRANTED BY AN APPARENT OR PUTATIVE AUTHORITY AT THE EXPENSE OF ONE'S INHERENT OR UNALIENABLE ‘RIGHTS.’ (SEE: INHERENT RIGHTS & RIGHTS)

From [HERE] Milwaukee police continue to stop-and-frisk a disproportionate number of people who are Black.

That's according to the latest report from the non-partisan Crime and Justice Institute.

Researchers examined data from 2021 and found MPD has not made significant improvements since first agreeing to document traffic and pedestrian stops.

That agreement was part of a 2018 $3.4 million settlement. A federal lawsuit accused police of unconstitutionally stopping minorities in high numbers. 

MPD is responding to the latest report. It shows the traffic stop rate for Black residents is 4.8 times higher than for white drivers. 

The frisk rate is 17.96 times higher. 

Milwaukee police, Mayor Cavalier Johnson and the Fire and Police Commission are recognizing the importance of achieving full compliance.

Black/Latino Voter Turnout in Liberal NYC is High but the Quality of Citizenship Remains Low: Court Monitoring Project says Blacks/Latinos Make Up 90% of All NYPD Arrests, Mostly for Victimless Crimes

From [HERE] My organization, the Police Reform Organizing Project, just released “Where’s the Outrage,” the 13th annual report of our Court Monitoring Project. Over the last eight years, PROP volunteers and representatives, numbering over 100 people through the years, have observed more than 7,000 cases in the arraignment parts of New York City’s criminal courts. About 90% of the cases have involved NYPD arrests of New Yorkers of color.

Perhaps a better name for our organization is the Police Monitoring Project, given that its central purpose is to track and report on NYPD arrest practices. Everyone who gets arrested in this city has to be arraigned. So as a reliable way of educating ourselves and the public about critical NYPD policies, we began eight years ago visiting the arraignment parts of the city four major criminal courts in Brooklyn, Queens, the Bronx and Manhattan.

Similar to the findings of all our previous publications, this year’s report establishes that the vast majority of the offenses that police charge New Yorkers with do not involve violence or threats to public safety, but rather reflect the defendants’ own compromised and distressing life circumstances: poverty, homelessness, drug addiction and/or mental illness.

Some charges that we often see include: petty larceny, disorderly conduct, controlled substance in the seventh degree and mischief. Supporting this point are our consistent findings that, on any given day, 85-100% of the defendants walk out of the courtroom and return to the community. Neither the judges nor prosecutors considered the defendants to be dangerous people. Also noteworthy is that the NYPD’s own stats, reflecting its focus on “broken windows” style policing, show that a majority of its arrests are for misdemeanor and lesser charges.

The skewed numbers and harsh human reality we regularly observe in our city’s criminal courts are not an accident. They are a function of NYPD policy and practice going back many years entailing targeting and criminalizing large groups of marginalized New Yorkers: African-Americans and Latinos and the unhoused, drug-addicted, mentally ill and other vulnerable individuals.

Here are several cases that we have observed illustrating our point about the daily harm and human damage that result directly from NYPD arrest practices:

A Black man is arrested on a theft of services charge. In a highly unusual, rarely seen move in the courtroom, the judge with the DA’s consent dismisses the charge. I follow the man — he’s accompanied by an older woman who I presume is his mother — and ask about the circumstances of the case. The woman responds: The man (who doesn’t speak in the ensuing conversation)n is, in fact, her son. He suffers from autism, the mother explains, a 30-year-old man with the mind of a 6-year-old. He loves to go for walks, especially in Central Park. On this occasion, he stopped in a restaurant there and ate lunch, but, since he had no money, couldn’t pay the bill. The restaurant called the police who arrested the man. The mother says: My son has no idea what happened today in court or what happened when he was arrested and locked up.

A Black woman in Brooklyn is arrested on a petty larceny charge. She was in a grocery store with her two daughters, who attempted to leave the place with fish hidden under their coats. Apparently not knowing where her girls are, she seems distraught. The judge releases her with the directive that she has to return at a later date as her case continues to be processed by the courts.

A disabled and elderly Black woman is arrested in Manhattan, also on a petty larceny charge; petty larceny is the NYPD’s second most common misdemeanor arrest. The judge releases her, and, with the aid of a cane, she hobbles out of the courtroom. We follow her and ask about her case. She says that she had taken a package of ham and eggs from the Pathmark in Harlem. We ask why. Perhaps surprised by our question, she explains that she was hungry.

We ask: “Where’s the outrage?” because, while our society does address its racial bias, the specific issues raised are more likely to focus on matters like: Did Hollywood nominate enough Black actors for an Oscar or how many coaches of color patrol the sidelines of NFL football games? Even regarding racist policing, we pay the most attention in response to shocking incidents of unjustified racial violence caught on video, rather than on the long-standing damage done daily which actually fosters an institutional culture in police departments that make inevitable tragedies like the killings of Eric Garner, Breanna Taylor and George Floyd.

As long as our politicians and media representatives persist in presenting police departments as the benighted agents of justice and safety and fail to acknowledge and expose the daily racist toll of law enforcement practices, the fundamental reforms required will be out of reach. We know from history that public outrage helped drive movements that have led to significant reforms in policy and practice: civil rights in the 50s and 60s; the marches and other actions calling for an end to the Vietnam war; the LGBT community’s activities pressing for an effective response to the AIDS epidemic, and more recently, the MeToo movement. Similarly, we urgently need the public outrage that harsh and harmful police practices have regrettably merited for us to achieve what we as Americans and New Yorkers aspire to: a truly just, safe and inclusive city and country.

Only 24 Black NFL Head Coaches Hired Since Art Shell in 1990 [Racists Must Keep Blacks in Inferior Positions b/c the Myth of White Superiority is Destroyed in the Presence of Equitable Opportunity]

DR. FRANCES CRESS WELSING EXPLAINED, “The mass inability of whites to live and attend school in the presence of non-whites is expressed in the patterns of Black and white housing and education throughout this country and the world. In terms of the Color-Confrontation thesis, this inability is seen as the apparent psychological discomfort experienced by whites in situations where, in confronting their neighbors of color, they must face their color inadequacy daily . Also, the myth of white superiority is exploded in the presence of equitable social and economic opportunity. The white personality, in the presence of color, can be stabilized only by keeping Blacks and other non-whites in obviously inferior positions. The situation of mass proximity to Blacks is intolerable to whites because Blacks are inherently more than equal. People of color always will have something highly visible that whites never can have or produce — the genetic factor of color. Always, in the presence of color, whites will feel genetically inferior.” [more]

Despite the league’s end-zone pledge to “END RACISM,” Black coaches continue to be denied top jobs in a league in which nearly 60 percent of the players are Black.

It is a glaring shortcoming for the NFL, one highlighted by the findings of an investigation by The Washington Post. Black coaches tend to perform about as well as White coaches, The Post found. But while White candidates are offered a vast and diverse set of routes to the league’s top coaching jobs, Black coaches face a much narrower set of paths. They have had to serve significantly longer as mid-level assistants, are more likely to be given interim jobs than full-time ones and are held to a higher standard when it comes to keeping their jobs.

Since 1990, Black coaches have been twice as likely as others to be fired after leading a team to a regular season record of .500 or better.

Amid growing scrutiny of the issue, The Post compiled and analyzed three decades’ worth of data and conducted interviews with 16 of the 24 living current and former NFL head coaches who identify as Black, as well as dozens of other coaches, former players, team executives, agents and others.

Black workforce, White bosses

The disparity in the percentage of NFL players and head coaches who are Black remains stark. [MORE]

Did The Phoenix Suns Owner Treat the Black GM and Coaching Staff He Hired Like Niggers or Did He Just Say the Word “Nigger” [bigotry]? Allegations are the Proof to PropaGandhi who Force Sale of Team

From [HERE] Owner Robert Sarver on Wednesday announced that he has begun the process to sell both the NBA's Phoenix Suns and WNBA's Phoenix Mercury franchises.

"As a man of faith, I believe in atonement and the path to forgiveness," Sarver said in a statement Wednesday. "I expected that the commissioner's one-year suspension would provide the time for me to focus, make amends and remove my personal controversy from the teams that I and so many fans love.

"But in our current unforgiving climate, it has become painfully clear that that is no longer possible -- that whatever good I have done, or could still do, is outweighed by things I have said in the past. For those reasons, I am beginning the process of seeking buyers for the Suns and Mercury."

NBA commissioner Adam Silver said he "fully supports" the decision by Sarver to sell the teams.

"This is the right next step for the organization and community," Silver said.

Sarver was suspended one year and fined $10 million last week after an NBA investigation found that he used the N-word at least five times "when recounting the statements of others."

Sarver also was involved in "instances of inequitable conduct toward female employees," including "sex-related comments" and inappropriate comments on employees' appearances. [MORE]

Dr. Frances Cress Welsing explained that Black people must understand what the system of racism white supremacy is and how it functions in order to disempower and unplug themselves from it. She stated:

“this deep investigation and understanding is essential if Black and other non-white peoples are to succeed in playing the "black side of the chess board" (defense-offense) in contrast to the "white side of the chess board" (offense-defense) in the planetary game of chess (white supremacy) being played out between white and non-white. Currently, the players on the black side of the chess board are in a continuous state of checkmate (a losing streak that is centuries long). This has happened because of our failure to understand the game. Heretofore, non-white people have not decoded white genetic survival.”

Racism is not primarily about bigotry - minor inconveniences such as trouble catching a cab, standing in a long line to vote or disrespect, stereotypes or bad conduct or mean words by white people. Rather racism/white supremacy is about the superior, dominate position of whites and vast unequal power, conditions and opportunities and maintaining that imbalance of power through your cooperative control and oppression. 

Belief that racism is only bigotry is a vital part of false programming sold to you by the vested interests for your cooperation and submission to your own oppression. Such belief is whitenology sold by elite whites - publishers, scholars, professionals and government representatives and also promoted by showcase Blacks who parrot such false consciousness programs in various styles

In reality, to be a racist is to be an "upholder, supporter and perpetrator of the institution of the White Supremacy Dynamic in a system of oppression (structured and perpetuated injustice—racism.)" 

Elite racists [neuropeans] like to use word tricks or confuse with language. The terms "racist" and "racists" and racism are used interchangeably or confusingly by racists with what is really bigotry or just name calling. Amos Wilson explained that defining racism in terms of attitude or bigotry leads to solving the wrong problems. [MORE]

Dr. Blynd explains, "Racism is not individualistic, but institutional, cultural, economic, political, linguistic, self-perpetuating and systematic." White Supremacy is a power group dynamic involving the relationship between whites and Blacks in a vast system of unequal power. It is economic discrimination by one group over and against another for the purposes of subjugation and/or maintaining the imbalance of power through cooperative control, misinformation, indoctrination, genocide and oppression. Racists practice racism because they have the power to do so. As explained by Dr. Amos Wilson, 'to end racism/white supremacy we must end or neutralize white power.' [MORE]

Racism is white supremacy and white supremacy is racism.  'Everywhere one finds Whites and Blacks in close proximity to each other, whether it is Chicago or Zimbabwe, the Whites are in control. This extraordinary universal phenomenon which defies every known statistical law of probability is rarely questioned by African Americans (90% of the world is non-white)' [MORE]

White Suburban Chicago Officer Charged w/Murdering Marcellis Stinnette. Liar Cop Executed Unarmed Black Man and Shot His Girlfriend. Neither Posed a Threat or were Under Arrest After Unlawful Stop

From [HERE] A former Waukegan police officer has been charged with murder in the shooting death of a man during a 2020 police chase, and is also facing charges for using excessive force while arresting a man at a family baptism in 2019.

Dante Salinas has been charged with three counts of second-degree murder and one count of involuntary manslaughter in the Oct. 20, 2020, shooting death of Marcellis Stinnette death, according to Lake County State's Attorney Eric Rinehart.

Salinas shot and killed Stinnette and wounded his girlfriend, Tafara Williams, on Oct. 20, 2020, during a chase after they'd fled an earlier stop in Waukegan. 

"My grandson's blood is crying out from the grave, 'Grandma, we need justice!', and we're finally getting justice," said Stinette's grandmother, Sherrellis Stinnette.

Williams was seriously injured in the same shooting, but survived. She is now charged with aggravated fleeing in connection with the incident.  

Salinas also is charged with one count of aggravated battery and two counts of official misconduct in connection with his August 2019 arrest of Angel Salgado.

"These two separate incidents demonstrate that Mr. Salinas has not lived up to the standards of his brother and sister officers," Rinehart said. "Angel, Marcellis, and every resident of Lake County have the moral and legal right to be safe."

Salinas turned himself in Wednesday after a grand jury returned indictments in both cases. His bond was set at $350,000 on Thursday, and he is due back in court on Nov. 15. Williams also turned herself in, and was released on bond.

Salinas was fired from the Waukegan Police Department three days after shooting Stinnette, for multiple policy violations during the incident, including failing to activate his body worn camera until after the shooting.

Before the shooting, Williams and Stinnette had fled a suspicious vehicle stop. Officer James Keating had pulled them over, telling them he was arresting Stinnette on an outstanding warrant, but they took off. 

Salinas later located them and pulled them over. Salinas fired the shots just 12 seconds after walking up to the vehicle in which Stinnette was a passenger and Williams was behind the wheel.

Video released by the city of Waukegan within days of the shooting did not show the actual shooting, because Salinas did not activate his body camera until after shooting Stinnette and Williams – a decision that got him fired from the department. The footage did document Salinas explaining why he fired into the car, as he is interviewed by another officer.

"It backed up right at me; it was in between my squad car…. I fired my weapon because I thought I was the next one run over," Salinas says.

Dashboard camera from Salinas' vehicle does show him following the couple's car before the shooting, as Williams' car slides off the road at Martin Luther King Jr. and South avenues. As Salinas gets out of his squad car, the couples' car begins backing up, but Salinas isn't visible in that footage, so it's unclear from the video if he was in the car's path before firing.

"I was right behind you and you almost tried to run me over!" the officer is heard yelling.

However, Rinehart said an investigation by Illinois State Police and an independent crime scene analyst determined Salinas was well clear of the car's path when he shot Stinnette and Williams. Rinehart also noted Stinnette had committed no crime that night, and neither he nor Williams were armed.

"These shots were illegal, unnecessary, and constitute second-degree murder and involuntary manslaughter," Rinehart said.

In a statement, Stinnette's mother, Zharvellis Holmes, said the charges against Salinas "have been a long time coming."

"My son, Marcellis Stinnette, was innocent, unarmed, and did nothing wrong. He did not deserve to be shot and killed by former Waukegan Police Officer Dante Salinas," she said.

Salinas also is accused of using excessive force during an August 2019 incident involving Angel Salgado, who already has sued Salinas, claiming Salgado beat him during an arrest while Salgado was attending a family baptism.

Rinehart said Salinas was on patrol that day when he heard Salgado shout, and got out of his patrol car, leading to an argument. 

Police reports state Salgado had flagged Salinas down – and then Salgado "kept yelling and advancing in a menacing manner."

During the argument, Salinas pulled out his service weapon and then his Taser, and then Salgado turned away from him to go into the fenced-in yard of his family's home, according to Rinehart. Salinas followed Salgado into the yard, deployed his Taser, tackled him, and punched him in the face, breaking his eye socket, Rinehart said.

While an internal police review of Salgado's case determined Salinas' use of force was "within department policy," and Salinas was never disciplined for his actions, Rinehart said Salinas' actions were not justified.

"Angel was not hurting anyone. He was not breaking the law, and Officer Salinas had not received a complaint," against Salgado, Rinehart said. 

Williams also has filed a lawsuit against Salinas, accusing him of using "an unreasonable amount of force in relationship to the threat or force posed by the Plaintiff, who was not resisting any lawful arrest or threatening the life or safety of any police officers" during the shooting that wounded her and killed Stinnette.

Williams' attorneys said Salinas and Keating had personal animosity toward Williams and Stinnette, and said the City of Waukegan was "encouraging, accommodating, or facilitating a 'blue code of silence'" in its police department.

Williams' lawsuit also blames the city of Waukegan for improper training, as did Salgado's lawsuit.

In video from the night of the shooting, it was clear Keating immediately recognized Stinnette in the passenger seat after first pulling over the couple's vehicle at Liberty and Oak streets.

"What's your first name? You're Marcellis, right?" Keating said.

He then said, "You're under arrest, man." When Williams asks why Stinnette is under arrest, the officer replies, "because I said."

"Hey, come on, show me the hands, pal. I ain't playing with you because I know you. Marcellis, you're under arrest," Keating said.

"He's under arrest for what though?" Williams said.

"Because he got a warrant," the officer said.

The officer and Williams continued talking back and forth until Williams drove off.

"They just ran me over," Keating said.

That's when Salinas picked up the chase that ended with him shooting Williams and Stinnette.

Shot in the Head Through His Hand: Philly Cop Convicted of Manslaughter for Murdering Dennis Plowden. Jury Rejected Liar Cop’s Claim that Unarmed Black Man Posed a Threat After Unlawful Traffic Stop

From [HERE] and [HERE] white Philadelphia police officer was convicted Wednesday of voluntary manslaughter and a weapons charge in the fatal shooting of an unarmed Black motorist shot six seconds after the officer arrived on the scene.

Officer Eric Ruch Jr. told jurors he feared for his life when he fired at Dennis Plowden Jr. as the 25-year-old sat on a sidewalk after crashing a car during a high-speed chase. Apparently, the jurors found him to be not credible or a liar.

The jury rejected a more serious third-degree murder charge, but also convicted Ruch of possessing an instrument of crime. The felony manslaughter charge carries a term of up to 20 years in prison. Sentencing is set for Nov. 17. A first-degree murder charge filed against him was dropped before trial.

District Attorney Larry Krasner had little comment after the verdict, thanking jurors for what he called their “noble and demanding” public service, but said he expected to say more at Ruch’s sentencing.

Officer Eric Ruch Jr. shot and killed Dennis Plowden Jr., 25, only seconds after Plowden crashed his car at 77 mph (125 kph), stumbled out of it and fell to the ground, authorities said.

Plowden, dazed and unarmed, was holding his empty left hand in front of his face when Ruch fired the fatal shot, prosecutors said. Four other officers who were on the scene and had taken cover did not fire their weapons, according to a grand jury presentment.

Ruch shot Plowden in the head without justification as Plowden looked “dazed and lost on the sidewalk.”

“Ruch intentionally fired on Dennis Plowden less than 20 seconds after the Hyundai he had been driving crashed at nearly 80 miles an hour, Mr. Plowden had fallen to the ground, and yet was still attempting to obey commands,” the grand jury wrote.

It remained unclear why police sought to stop Plowden’s car in the first place. According to the grand jury, Ruch and his partner began following Plowden and asked police dispatch to check the registration of his car. 

Ruch’s partner told investigators after the shooting that they had stopped Plowden’s Hyundai because of a patrol alert that connected it to a homicide, according to the grand jury. 

But other officers said they were unaware of the patrol alert — which had not been broadcast over police radio — and all the information sought by Ruch from police dispatch was already contained in the alert, the grand jury said.

“There’s no information on the police radio before the incident that indicates that anyone knew for sure that this vehicle may have been involved in a homicide,” Assistant District Attorney Vincent Corrigan said at a news conference Friday. That homicide investigation remains open, he said, but the Hyundai is no longer an “avenue of inquiry.”

The grand jury said three of the four officers present for the shooting testified they did not see Plowden raise his left hand, while the fourth said he didn’t recall what Plowden was doing with it.

Other eyewitnesses said Plowden was on his back and struggling to sit up when he was shot, with one saying Plowden was gesturing with his left hand in front of his face. 

The lawsuit filed by Plowden’s wife said he was propping himself up with his right arm while holding out his left hand in a vain attempt to prevent Ruch from shooting him. A medical examiner said the bullet tore through the fingers of Plowden’s left hand before hitting him in the head, indicating the hand was raised, according to the grand jury.

Ruch fired the fatal shot just 6 to 8 seconds after getting to the crash scene, the grand jury said.

Hetznecker, the lawyer for Plowden’s wife, said that police had no probable cause to stop the car, and that officers’ statements were an attempt to justify the fatal shooting.

Plowden was taking classes to get his high school diploma and was learning the construction trade at the time of his killing. He left behind two children and three stepchildren, including an infant son who is now 3.

In a key pretrial ruling, Philadelphia Common Pleas Judge Barbara McDermott barred prosecutors from telling jurors about a series of complaints filed against Ruch during his 10-year police career because he was mostly cleared of wrongdoing by internal affairs, who clear almost all complaints against police. [MORE]

White Judge Departs from Sentencing Guidelines to Apply the Law of The Jungle Standard: Hooks Up White Cop who Helped Murder George Floyd by Holding His Legs Down with 3 Yr Sentence. Out in 2 Yrs

WHAT IS COLLECTIVE WHITE POWER? From [HERE] A former Minneapolis police officer who pleaded guilty to a state charge of aiding and abetting second-degree manslaughter in the killing of George Floyd was sentenced Wednesday to three years.

Thomas Lane is already serving a 2 1/2-year federal sentence for violating Floyd's civil rights. When it comes to the state's case, prosecutors and Lane's attorneys had agreed to a recommended sentence of three years — which is below the sentencing guidelines — and prosecutors agreed to allow him to serve that penalty at the same time as his federal sentence, and in a federal prison.

Judge Peter Cahill accepted the plea agreement, saying he would sentence lane below the guidelines because he accepted responsibility.

"I think it was a very wise decision for you to accept responsibility and move on with your life," Cahill said, while acknowledging that the Floyd family has not been able to move on with theirs.

Under Minnesota rules, it's presumed Lane would serve two years of his state sentence in prison, and the rest on supervised release, commonly known as parole.

Floyd, 46, died in May 2020 after Officer Derek Chauvin, who is white, pinned him to the ground with a knee on Floyd's neck as the Black man repeatedly said he couldn't breathe. Lane, who is white, held down Floyd's legs. J. Alexander Kueng, who is Black, knelt on Floyd's back, and Tou Thao, who is Hmong American, kept bystanders from intervening during the 9 1/2-minute restraint.

The killing, captured on widely viewed bystander video, sparked protests in Minneapolis and around the globe as part of a reckoning over racial injustice.

Wednesday's sentencing hearing was held remotely. Lane appeared via video from the Federal Correctional Institution Englewood, the low-security federal prison camp in Littleton, Colorado. He made no statement to the court prior to sentencing. But after the hearing was adjourned, Lane complained to his attorney, Earl Gray, that the judge had said he would have to register as a predatory offender "if required."

"I gotta register as a predatory offender? What the (expletive) is that?" Lane said. And he added: "That's what Chauvin has to do. If I have a minimal role, why the (expletive) do I have to do that?"

Gray told him he'd look into it. [MORE]

White Texas DA Drops Death Penalty but Still Seeks Life Sentence for Marvin Guy. Black Man Locked Up 8 Years Without a Trial for Alleged Killing of White Cop; He Shot Back as Cops Broke-In During Raid

From [HERE] Bell County prosecutors have dropped their efforts to impose the death penalty on Marvin Guy (pictured), an African American man who has been held eight years without trial in connection with the death of a white police officer during a botched no-knock raid in Killeen, Texas in May 2014. 

In the pre-dawn hours of May 9, 2022, a SWAT team from the Killeen Police Department ignited a flash grenade and broke a window attempting, unannounced, to enter Guy’s residence to serve a warrant to search for cocaine. Guy fired out the window at what he told the Washington Post podcast Broken Doors he believed were intruders attempting to rob or kill him. Police returned a hail of gunfire, and during the shooting, four police officers were struck by bullets. Two days later, Killeen police Detective Charles “Chuck” Dinwiddie died from his wounds.

Prosecutors charged Guy with capital murder and sought the death penalty. He is imprisoned pre-trial on $4 million bond. Guy maintains that police accidentally shot Dinwiddie during the raid. No drugs were found in the search of Guy’s house. 

“This no-knock raid should’ve never happened, and Marvin should not have been arrested,” PJ Martinez, Texas Campaigns Director of the Grassroots Law Project said.

While Guy no longer faces the death penalty, prosecutors continue to seek a capital murder conviction and life sentence against him.

Less than six months before the botched raid on Guy’s house, central Texas police in Burleson County threw a flash grenade and tried to kick in the door to enter the residence of Henry “Hank” Magee during another drug-related no-knock raid. Magee grabbed his semi-automatic rifle and fired it towards the door, killing SWAT office Sergeant Adam Sowders. Police found drugs in Magee’s residence. Prosecutors charged him with capital murder, but a grand jury refused to indict, effectively determining that Magee had acted in self-defense.

In an October 2014 article in Mother Jones reporter Shane Bauer wrote the cases raised “troubling questions about race and ‘no-knock’ police raids.” “The cases are remarkably similar, except for one thing,” Bauer observed: “Guy is black, Magee white.”

Killeen City officials banned no-knock raids in 2021, two years after Killeen police shot James Reed to death and then tried to cover up their role in the killing. Officer Anthony Custance lied to investigators about his role in the shooting before ultimately pleading guilty to charges of tampering with evidence to try to make it appear he had not shot at Reed.

Guy has languished in jail for more than eight years after firing the public defenders office and two other teams of court appointed lawyers whom his supporters say were not aggressively defending his case. In April 2021, the Innocence Project of Texas entered its appearance on behalf of Guy, with its Executive Director Mike Ware serving as lead counsel. Dallas criminal defense lawyer Justin A. Moore is serving as second chair counsel. Trial in the case also has been delayed by the pandemic.

Muslim Man Wrongly Imprisoned 23 yrs for Murder Released. Black DA said Conviction Lacked Integrity b/c Gov Used Unreliable Cell Phone Data and Hid Favorable Evidence. Unaccountable DA's have Immunity

From [HERE] Baltimore Judge Melissa Phinn Monday vacated the murder conviction of Adnan Syed after he spent 23 years in prison for the murder of student Hae Min Lee in 1999. Syed was convicted in 2000 and sentenced to life in prison; his case was the subject of the podcast Serial and documentary The Case Against Adnan Syed.

Phinn determined that a Brady violation occured in Syed’s case, meaning the prosecution suppressed evidence favorable to Syed. Under Maryland Rule 4-263(d)(5), the state must “disclose, without request, all material of information in any form whether or not admissible, that tends to exculpate the defendant or negate or mitigate the defendant’s guilt.” Prosecutors also have a Constitutional obligation to disclose exculpatory material.

Syed’s friends and family were present for Phinn’s order. The Baltimore Banner captured Rabia O’Chaudry, Syed’s legal advocate and childhood family friend, entering the courthouse with documentary filmmaker Amy Berg. Journalist Katie Barlow shared a video of Syed leaving the courthouse to cheers.

Syed’s exoneration draws attention to a larger trend of prosecutorial misconduct. According to a statement from the Innocence Project, Mallory Nicholson, John Galvan and Herman Williams were exonerated in the last three months alone due to previously concealed exculpatory evidence. The National Registry of Exonerations believes that authorities concealed exculpatory evidence in 44 percent of the first 2,400 US exoneration cases, making concealment of evidence the most common form of official misconduct. The Innocence Project believes that “[t]he integrity of the legal system requires accountability for not only Mr. Syed’s wrongful conviction but also the pain the State’s unlawful conduct caused to Hae Min Lee’s family.”

Syed was represented by Erica Suter of the University of Baltimore Innocence Project Clinic. He was released on his own recognizance on Monday and placed in home detention under GPS tracking. Maryland authorities have 30 days to schedule a new trial or enter a “nolle prosequi” indicating that they are unwilling to pursue further charges against Syed.

“The 2nd Amendment is not a 2nd Class right:” Federal Court Rules that a Law Prohibiting People who are Indicted from Buying Guns is Unconstitutional

From [HERE] A federal law banning those under felony indictments from buying guns is unconstitutional, a federal court in West Texas ruled Monday (article available here (link is external)).

The court dismissed a federal indictment against Jose Gomez Quiroz that had charged him under the federal ban of obtaining a firearm while under indictment and noted it was unknown “whether a statute preventing a person under indictment from receiving a firearm aligns with this Nation’s historical tradition of firearm regulation.”

According to the court, Quiroz was under a state burglary indictment when he tried to buy a handgun and challenged the ensuing federal charge.

In a 25-page opinion filed in Pecos, Texas, the court acknowledged “this case’s real-world consequences — certainly valid public policy and safety concerns exist.” However, he said a Supreme Court ruling this summer in New York Rifle & Pistol Association vs. Bruen(link is external) “framed those concerns solely as a historical analysis.”

“Although not exhaustive, the Court’s historical survey finds little evidence that ... (the federal ban) — which prohibits those under felony indictment from obtaining a firearm — aligns with this Nation’s historical tradition.”

“The Second Amendment is not a ‘second class right,’” the court ruled. “No longer can courts balance away a constitutional right.”

‘Dozens’ Of Broadband Providers Ripped Off Low Income COVID Relief Program, FCC Says

From [HERE] During the COVID crisis, the FCC launched the Emergency Broadband Benefit (EBB program), which gives lower income Americans a $50 ($75 for those in tribal lands) discount off of their broadband bill. Under the program, the government gave money to ISPs, which then doled out discounts to users if they qualified. 

But (and I’m sure this will be a surprise to readers), reports are that big ISPs erected cumbersome barriers to actually getting the service, or worse, actively exploited the sign up process to force struggling low-income applicants on to more expensive plans once the initial contract ended. Very on brand.

The EBB brand was rebranded the Affordable Connectivity Program (ACP) as part of the Infrastructure Bill (the payout to the general public was dropped to $30 a month). And, once again, not at all surprisingly, the FCC has discovered that “dozens” of U.S. broadband providers were ripping the program off to the tune of millions of dollars across Alabama, Ohio, Oklahoma and Texas.

In several instances, the FCC Office of Inspector General (OIG) found that these ISPs repeatedly used a single four year old applicant on Medicaid to fraudulently enroll thousands of times in the program, helping them nab millions in taxpayer bucks. From Nicole Ferraro at Light Reading:

The most “egregious” example occurred in Oklahoma, it says, where “more than one thousand Oklahoma households were enrolled based on the eligibility of a single BQP [Benefit Qualifying Person], a 4-year old child who receives Medicaid benefits.” As a result, three providers “claimed more than $365,000 in program reimbursements in connection with the 1000+ enrollments based on the 4-year old BQP.”

The full report doesn’t specifically mention which ISPs engaged in this behavior. [MORE]