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Posts published in “Justice”

Marissa Alexander Finally Released From Jail

Marissa Alexander walks by her dad Raoul Jenkins and surrounded by her legal team and supporters after her sentencing in Jacksonville, Fla., Jan. 27, 2015. (Photo by Bob Mack/Florida Times-Union/AP)
Marissa Alexander walks by her dad Raoul Jenkins and surrounded by her legal team and supporters after her sentencing in Jacksonville, Fla., Jan. 27, 2015. (Photo by Bob Mack/Florida Times-Union/AP)

Marissa Alexander, the Florida mother whose case became a rallying cry for anti-racism activists and survivors of domestic violence, was released today after three years of incarceration.

Alexander had faced up to 60 years behind bars for firing a single shot near her abusive husband, unable to convince a jury she had feared for her life. A hearing Tuesday confirmed the terms: Having pleaded guilty to assault in exchange for credit for time served, she will be subject to two years of electronic monitoring and house arrest, except for approved appointments and employment.
Circuit Court Judge James Daniel acknowledged that the case had drawn national attention but claimed his decision was “not based on any public opinion of any larger issue of public interest or social concern, but on the specific facts of the case.”
Alexander’s case has long sparked outrage about the unequal application of the law for both black Americans and women. Alexander was prosecuted by Angela Corey, who was also the prosecutor in the trial of George Zimmerman, who was acquitted in the February 2012 killing of Trayvon Martin. Corey did not appear at Tuesday’s hearing.
“We are thrilled that Marissa will finally be reunited with her children, her family, and her community,” said Sumayya Coleman, co-lead of the Free Marissa Now Mobilization Campaign. “Today’s hearing revealed that Alexander intends to attend school to become a paralegal and she is a wonderful mother to her children who urgently need her. Amazingly, the State continued their campaign of punishment by trying to add two more years of probation.” But the state didn’t get its way.
In November, Alexander pleaded guilty to three counts of aggravated assault with a weapon in exchange for credit for time served. A second trial had been planned for December, when Corey had planned to seek a 60-year sentence, triple the 20-year sentence Alexander got in her first trial.
The Free Marissa Now Mobilization Campaign and The Monument Quilt wrote on Facebook that “350 quilt squares containing stories from survivors of domestic violence and sexual assault will blanket the Duval County Courthouse lawn to let Jacksonville and the world know Marissa is NOT ALONE.” A fundraiser on Alexander’s behalf exceeded its goals, raising $58,297 from 1,122 backers on the site GoGetFunding.
“We have always believed that forcing Marissa to serve even one day in prison represents a profound and systemic attack on black women’s right to exist and all women’s right to self-defense,” the Free Marissa Now Mobilization Campaign said in a statement after Alexander’s plea deal.
The incident in question took place in 2010, nine days after Alexander, now 34, gave birth to a daughter. Alexander testified that her estranged husband, Rico Gray, had physically abused her several times and that on that day, he threatened to kill her. No one was injured, but a jury convicted her in about 12 minutes.
article by Irin Carmon via msnbc.com

New Yorker Magazine Cover Depicts Martin Luther King Jr., Eric Garner, Trayvon Martin & Mike Brown

Cartoonist and illustrator Barry Blitt is best known for his work with The New Yorker, and his latest cover for the magazine depicts Rev. Martin Luther King, Jr. in a re-imagining of images seen in photos from the Selma-To-Montgomery march events. In the illustration, Rev. King is seen walking —  arms locked — with slain Staten Island, N.Y., resident Eric Garner and fallen NYPD officer Wenjian Liuwith, slain Black teenagers Trayvon Martin and Michael “Mike” Brown in the background.
The image is enhanced due to the inclusion of the American flag behind the marchers, and the serene look on the faces of the figures invites a moment of reflection of what was lost. Blitt was inspired to draw the cover for the New Yorker’s upcoming cover story, “The Dream Of Reconciliation,” because of the Selma marches. With King’s birthday on Jan. 15th, and the upcoming recognition of the civil rights leader this coming Monday, the timeliness of the illustration is noteworthy.
From Blitt and the New Yorker:

“It struck me that King’s vision was both the empowerment of African Americans, the insistence on civil rights, but also the reconciliation of people who seemed so hard to reconcile,” he said. “In New York and elsewhere, the tension between the police and the policed is at the center of things. Like Trayvon Martin and Eric Garner, Michael Brown and Officers Wenjian Liu and Rafael Ramos, Martin Luther King was taken way too early. It is hard to believe things would have got as bad as they are if he was still around today.”

As the nation continues to grapple with the loss of Martin, Garner, Brown, Liu and his partner Officer Rafael Ramos, there is a collective outpouring of grief and questions that are still yet unanswered. Blitt, in his words, seems to recognize the weight of his art and the inquiries it will surely spark in the days to come.
article by D.L. Chandler via newsone.com

New York City Settles Three Brothers’ Wrongful Conviction Cases for $17 Million

Alvena Jennette, right, and Robert Hill left court in Brooklyn after being exonerated in May. A third half brother, Darryl Austin, died in prison. (Credit: Michael Appleton for The New York Times)

The New York City comptroller, Scott M. Stringer, has agreed to pay $17 million to settle three more claims based on wrongful criminal convictions, his office said on Sunday, part of an emerging strategy to resolve civil rights cases before they are formally filed as lawsuits in court.

The settlements were reached with three defendants whose cases involved Louis Scarcella, the retired homicide detective whose investigative tactics have come under question and whose cases are being reviewed by the Brooklyn district attorney’s office.

The men, Robert Hill, Alvena Jennette and Darryl Austin, who are half brothers, spent a combined total of 60 years in prison — one died there — before their convictions, made in the 1980s, were vacated by a judge in May. The office of Kenneth P. Thompson, the Brooklyn district attorney, is examining 130 convictions, including 70 cases in which Mr. Scarcella played a key role. Most of the cases under review date to the crime-plagued 1980s and 1990s.

NYPD To Reform Stop And Frisk In NYC Public Housing

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New York City has agreed to reform stop and frisk police procedures in NYCHA public housing, the New York Daily News reports.
The agreement stems from Davis v. City Of New York, a class action lawsuit that NYCHA residents filed against the city over questionable stops and arrests in housing projects by NYPD officers five years ago.
Per the decision, a court-appointed federal monitor will supervise a training manual and procedure overhaul for cops patrolling public housing.
Now, officers who stop people in NYCHA properties must files reports documenting and justifying the encounter. However, the agreement does not discuss whether officers can use their weapons during the stop.
The ruling comes less than a month after a rookie cop accidentally shot and killed Akai Gurley in East New York’s Pink Houses. Officer Peter Liang was patrolling a dark stairwell in the area when he claims Gurley startled him coming down.
It also rides the heels of a 2013 ruling in Floyd v. City Of New York. In that case, Manhattan Federal Judge Shira Scheindlin ruled stop and frisk unconstitutional.  Coincidentally, the Davis case will also require Scheindlin’s approval. The city seems to support the NYCHA ruling, however.
“This settlement appropriately balances the need to maximize public safety while respecting the constitutional rights of NYCHA residents and their guests,” a city Law Department spokesman said.
article by Hannington Dia via newsone.com

Texas Hair Braiding Laws Ruled Unconstitutional; Hair Braiders Win Right to Open Braiding Schools

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Isis Brantley (Photo Courtesy Institute for Justice)

Over the past year, Natural Hair Stylist Isis Brantley has been fighting to teach hair braiding in the state of Texas. Now, A federal judge has finally ruled in her favor.

Brantley, who runs a hair braiding business sued the state in 2013 stating that the laws related to her hair braiding school were ‘unreasonable’ and ‘unconstitutional.’

Texas law would have required Brantley to set up a 2,000-square-foot barber college, with 10 sinks and reclining barber chairs. As well as require her to take and pay for hundreds of hours of courses and acquire licenses she wouldn’t need or use in order to be certified to provide students the necessary classroom hours for a hair-braiding license.

“This means that Isis must spend 2,250 hours in barber school, pass four exams, and spend thousands of dollars on tuition and a fully-equipped barber college she doesn’t need, all to teach a 35-hour hairbraiding curriculum.” — Isis Brantley’s 2013 Institute for Justice Statement

According to Dallas News, U.S. District Judge Sam Sparks ruled that the state of Texas violated Brantley’s 14th Amendment right to due process by setting unreasonable and irrational requirements for her to teach braiding. Sparks also said that the regulations excluded Brantley from the market “absent ‘a rational connection with … fitness or capacity to engage in’ hair braiding instruction.”

Sparks found the various rules requiring Texas hair braiding schools to become fully equipped barber colleges “irrational,” citing licensed braiding salons don’t need sinks because washing hair is not involved in the braiding process.

“I fought for my economic liberty because I believe there is a lot of hope for young people who seek to earn an honest living,” said Brantley. “This decision means that I will now be able to teach the next generation of African hair braiders at my own school.”

“It is the first time that hair-braiding schools have been addressed by the federal courts and the third time that African hair braiding has been handled in the federal court system,” said Brantley’s attorney, Arif Panju. It has broad implications. These are economic regulations, and it’s unconstitutional to require entrepreneurs to do useless things. … Texas was not only preventing African hair-braiding schools from even opening, but it was also violating the 14th Amendment. This ruling is a resounding victory for Isis Brantley and entrepreneurs like her across Texas,” Panju said. “It is unconstitutional to require people to do useless things.”

article via clutchmagonline.com

Cleveland Browns Wide Receiver Andrew Hawkins Offers Thoughtful Rebuke After Police Union Slams T-Shirt Protest

Cleveland Browns player Andrew Hawkins on Dec. 14, 2014
Cleveland Browns player Andrew Hawkins on Dec. 14, 2014

After police unions slammed his decision to wear a T-shirt protesting the police shootings of two black people in Ohio, Cleveland Browns wide receiver Andrew Hawkins gathered the media to explain himself more fully.
“I understood there was going to be backlash, and that scared me, honestly. But deep down I felt like it was the right thing to do,” Hawkins said. “If I was to run away from what I felt in my soul was the right thing to do, that would make me a coward, and I can’t live with that.”
Below is his statement in full:

“I was taught that justice is a right that every American should have. Also justice should be the goal of every American. I think that’s what makes this country. To me, justice means the innocent should be found innocent. It means that those who do wrong should get their due punishment. Ultimately, it means fair treatment. So a call for justice shouldn’t offend or disrespect anybody. A call for justice shouldn’t warrant an apology.“To clarify, I utterly respect and appreciate every police officer that protects and serves all of us with honesty, integrity and the right way. And I don’t think those kind of officers should be offended by what I did. My mom taught me my entire life to respect law enforcement. I have family, close friends that are incredible police officers and I tell them all the time how they are much braver than me for it. So my wearing a T-shirt wasn’t a stance against every police officer or every police department. My wearing the T-shirt was a stance against wrong individuals doing the wrong thing for the wrong reasons to innocent people.
“Unfortunately, my mom also taught me just as there are good police officers, there are some not-so-good police officers that would assume the worst of me without knowing anything about me for reasons I can’t control. She taught me to be careful and be on the lookout for those not-so-good police officers because they could potentially do me harm and most times without consequences. Those are the police officers that should be offended.
“Being a police officer takes bravery. And I understand that they’re put in difficult positions and have to make those snap decisions. As a football player, I know a little bit about snap decisions, obviously on an extremely lesser and non-comparative scale, because when a police officer makes a snap decision, it’s literally a matter of life and death. That’s hard a situation to be in. But if the wrong decision is made, based on pre-conceived notions or the wrong motives, I believe there should be consequence. Because without consequence, naturally the magnitude of the snap decisions is lessened, whether consciously or unconsciously.
“I’m not an activist, in any way, shape or form. Ninety-nine times out of a hundred I keep my opinions to myself on most matters. I worked extremely hard to build and keep my reputation especially here in Ohio, and by most accounts I’ve done a solid job of decently building a good name. Before I made the decision to wear the T-shirt, I understood I was putting that reputation in jeopardy to some of those people who wouldn’t necessarily agree with my perspective. I understood there was going to be backlash, and that scared me, honestly. But deep down I felt like it was the right thing to do. If I was to run away from what I felt in my soul was the right thing to do, that would make me a coward, and I can’t live with that. God wouldn’t be able to put me where I am today, as far as I’ve come in life, if I was a coward.
“As you well know, and it’s well documented, I have a 2-year-old little boy. The same 2-year-old little boy that everyone said was cute when I jokingly threw him out of the house earlier this year. That little boy is my entire world. And the No. 1 reason for me wearing the T-shirt was the thought of what happened to Tamir Rice happening to my little Austin scares the living hell out of me. And my heart was broken for the parents of Tamir and John Crawford knowing they had to live that nightmare of a reality.
“So, like I said, I made the conscious decision to wear the T-shirt. I felt like my heart was in the right place. I’m at peace with it and those that disagree with me, this is America, everyone has the right to their first amendment rights. Those who support me, I appreciate your support. But at the same time, support the causes and the people and the injustices that you feel strongly about. Stand up for them. Speak up for them. No matter what it is because that’s what America’s about and that’s what this country was founded on.”

article by Dylan Scott via talkingpointsmemo.com

Los Angeles to Buy 7,000 Body Cameras for Police Officers

Los Angeles Mayor Eric Garcetti announced Tuesday that the city would purchase 7,000 body cameras for police officers in an effort to increase transparency.
Body cameras for officers have become a major issue in the wake of the shooting of unarmed black 18-year-old Michael Brown by a Ferguson, Mo., police officer and the conflicting accounts of what happened.
At a news conference, Garcetti said the cameras “are not a panacea, but they are a critical part of the formula. They’re a great step forward.”
“The trust between a community and its police department can be eroded in a single moment,” Garcetti said. “Trust is built on transparency.”
Advocates say the cameras will be a valuable tool for the department. The ability to record audio and video of police encounters with the public, they say, could help guard against officer misconduct and clear cops falsely accused of wrongdoing.
Steve Soboroff, president of the Police Commission, has spent months raising private money to outfit officers with on-body cameras. He said the mayor’s plan would supplement the contract the LAPD was already negotiating with the camera vendor, eventually bringing more cameras to officers on the streets.
Screen Shot 2014-12-16 at 8.29.06 PMMore than $1 million raised through private donations will help pay for the cameras, thus avoiding City Hall budget constraints.
Soboroff called the mayor’s plan a “very big deal,” saying the LAPD’s use of the cameras could set a precedent for law enforcement agencies nationwide.

Earlier this year, the LAPD began a pilot program, testing different types of body cameras. Officers spent 90 days trying out camera equipment while department officials gathered input from the inspector general, the American Civil Liberties Union and other law enforcement agencies that have implemented the technology.
article by Richard Winton and Kate Mather via latimes.com

Samuel L. Jackson Calls For The #ICantBreatheChallenge (VIDEO)

Samuel L. JacksonSamuel L. Jackson has challenged us all to the #ICantBreatheChallenge in honor of Eric GarnerMike BrownFerguson and the current fight against police brutality:
http://youtu.be/YtrsWbzOs7c
Will you follow Jackson’s lead and help make this movement viral?
article by Lori Lakin Hutcherson, GBN Editor-in-Chief

"Selma" Cast, Director Ava DuVernay Wear "I Can’t Breathe" Shirts at N.Y. Premiere

Eric Garner Selma premiere protest I
(RAY TAMARRA/GC IMAGES)

Parties and protests don’t typically overlap, but the “Selma” cast made an exception and a statement on Sunday night following the film’s Manhattan premiere. At one point during the otherwise splashy festivities, director Ava DuVernay took to the steps of the New York Public Library with actors David OyelowoE. Roger MitchellWendell PierceOmar DorseyJohn Lavelle, Stephan James, Kent FaulconLorraine ToussaintAndre HollandTessa Thompson and Colman Domingo, donning “I Can’t Breathe” T-shirts over their partywear and raising their arms in the “don’t shoot” pose.
It was not just an unusually sobering photo op, but also a direct acknowledgment of the eerie timing of Paramount’s civil rights drama, with its scenes of organized protest and its urgent plea for justice and reform. The premiere was held the same weekend that more than 25,000 men and women marched through Manhattan, in the largest protest the city has seen since a grand jury decided not to indict a police officer in the death of Eric Garner.
The picture’s timeliness is undeniable, said Toussaint, who plays the civil rights activist Amelia Boynton. “There are no accidents,” she said. “I’m so proud to be a part of this film, and I’m so proud of Ava’s accomplishment. To bear witness to the fact that this voice is being heard at this moment … it speaks to the times and the needs of this time, too.”
Introducing the screening, along with Oyelowo and producers Oprah Winfrey, Dede Gardner and Jeremy Kleiner, DuVernay noted that the last time she had set foot in the historic Ziegfeld Theater, it was in her capacity as a publicist. That was back in 2006, at the New York premiere of “Dreamgirls.”
“I was on that film for a year,” DuVernay recalled at the afterparty. “I remember what Jennifer Hudson wore. I remember what Beyoncé wore. It was a madhouse of A-list celebrities, and I walked that same carpet.” Is it better walking it as a filmmaker rather than a flack? “A little better, a little better. I’ve got better gear on than that black suit.”
Fortunately for actor Alessandro Nivola, the premiere was held on his one night off from “The Elephant Man,” the Broadway play in which he’s currently starring alongside Bradley Cooper. Nivola had to dash over to the Ziegfeld from the matinee, just in time for the film’s 6 p.m. screening.
“I would’ve walked offstage a little early to get to the red carpet if it had meant that I was going to miss it (otherwise),” Nivola said.
He noted that it was a treat to work again with Oyelowo, with whom he also appeared in “Who Do You Love” and the upcoming “A Most Violent Year.” “He was particularly inspired in this particular role by his faith. Whether or not you believe in God, when you see somebody who feels that drive in him in a performance, it’s a pretty powerful thing.”
Also in attendance were Paramount chairman-CEO Brad Grey, Viacom president-CEO Philippe DaumanJames Schamus and Harvey Weinstein, as well as “Selma” actors Carmen EjogoCommonTim Roth and Tom Wilkinson. Paramount will roll the film out on Christmas Day in New York, Los Angeles, Atlanta and Washington, D.C., followed by a wide release on Jan. 9.
article by Justin Chang via Variety.com

Tens Of Thousands March On NYPD Headquarters To Protest Police Killings

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Tens of thousands of protesters streamed out of New York City’s Washington Square Park on Saturday to protest the killings of unarmed black people by police officers, as part of the “Millions March NYC.
The crowd began to wind its way through Manhattan. A large labor union contingent was present, including members of the Communications Workers of America wearing red shirts and AFL-CIO supporters waving blue signs.
In contrast to other marches over the past weeks, this large, orderly demonstration took place during the day. A number of families with children took part, and demonstrators followed a pre-planned route. The march made its way uptown to Herald Square, then looped back downtown, with thunderous chants of “Hands up! Don’t shoot!” and “Justice! Now!” echoing down Broadway. The demonstration culminated at One Police Plaza, the New York City Police Department’s Lower Manhattan headquarters.
Organizers estimated that 30,000 demonstrators participated in the march. The NYPD told The Huffington Post that, as of the official end of the march, no arrests had been made.
Protesters held up 8 panels depicting Eric Garner’s eyes, created by an artist known as JR. “The eyes were chosen as the most important part of the face,” said Tony Herbas of Bushwick, an assistant to the artist.
garner eyes
Ron Davis, whose son Jordan was shot dead by a man in Florida after an argument over loud music, was at the head of the march.
“We have to make everybody accountable,” Davis told HuffPost. “You can’t continue to see videos of chokeholds, videos of kids getting shot in the back, and say it’s all right. We have to make sure we have an independent investigator investigate these crimes that police carry out.”
Michael Dunn, the man who killed Jordan, was convicted of first-degree murder and sentenced to life without parole in October. Davis said Saturday that Dunn’s conviction proves it’s possible that justice can be served in racially charged cases.
“We ended up getting a historic movement in Jacksonville,” Davis said. “We had an almost all-white jury, with seven white men, convict a white man for shooting down an unarmed boy of color.”
black lives matter
Also at the front of the march were New York City Councilman Ydanis Rodriguez and New York state Assemblyman-elect Charles Barron.
Matthew Brown, a 19-year-old who is African-American and Hispanic, marched down Broadway with his mother, aunt and other family members.
“I’m trying to support a movement that really needs young people like myself,” said Brown. “I’m here to speak for Mike Brown.”
The teenager said part of his motivation for making the trek from West Orange, New Jersey, with his family was his own personal experience. He’s encountered racist verbal abuse from police in Jersey City, he said, who have called him “spic” and monkey.”
Citing the cases of Michael Brown, Eric Garner and Tamir Rice, Brown said part of the reason he wanted to speak out was because of the way police represent encounters with African-Americans. “I just see so many lies after lies.”
He also attended the People’s Climate March in September. But this march felt more intense to him. “This is one that’s really affecting people on a deep, emotional level,” Brown said.