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Marlene Pinnock, Woman Beaten by California Highway Patrolman, Settles for $1.5 Million

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Marlene Pinnock, the 51-year-old woman punched repeatedly by California Highway Patrol officer Daniel Andrew on the side of a freeway in an incident caught on video, will receive $1.5 million under a settlement reached Wednesday night, and the officer has agreed to resign.
On July 1, a passing driver captured video of Pinnock being repeatedly pummeled by Andrew, and she filed suit in August.
marlenepinnock_zps31e51969The Associated Press reports that Pinnock and the CHP reached an agreement after a lengthy mediation.
“When this incident occurred, I promised that I would look into it and vowed a swift resolution,” CHP Commissioner John Farrow said in a statement. “Today, we have worked constructively to reach a settlement agreement that is satisfactory to all parties involved.”
The statement said that Officer Andrew, who joined the CHP in 2012 and has been on paid administrative leave since the incident, “has elected to resign.”
Andrew could still be charged criminally in the case. The CHP forwarded the results of its investigation of the incident to Los Angeles County prosecutors last month, saying he could face serious charges but none have been filed yet.
The bulk of the settlement will take the form of a special needs trust for Pinnock, the CHP said. Pinnock’s attorney Caree Harper said the settlement fulfilled the two elements her side was looking for.
“One of the things we wanted to make sure of was that she was provided for in a manner that accommodated her unique situation in life,” Harper said, “and that the officer was not going to be an officer anymore and we secured those things.”
article via forharriet.com

Black University Student Leaders Form New Coalition For Racial Equality

BLACK IVY COALITION

The explosive wave of reactions to the fatal shooting of unarmed teen Michael Brown in Ferguson, Missouri has led Black student leaders to come together in support of racial equality with the formation of a multi-university group, the Black Ivy Coalition.

The coalition dedicated to social change is comprised of members from all eight Ivy League institutions, with plans to gain student memberships from colleges across the nation, and was officiated with the release of a statement summarizing their motivations and ambitions (see full text below). Their tagline? “It is now time for our generation to lead the movement against injustices toward people of color in the 21st Century.”
“We decided that our plan of action would be to create a network of black student leaders nationally to organize joint protests, legislative advocacy, and to also reach out to community organizers in communities like Ferguson so we can be more effective allies and campus advocates,” Denzel Cummings, UMOJA Co-Chair and University of Pennsylvania senior told The Huffington Post. “We felt this was important in creating a revival of collegiate advocacy.”
The revival Cummings mentions draws on the coalition’s inspiration from young leadership during the Civil Rights Movement such as the Student Nonviolent Coordinating Committee and The Greensboro Four, both which received nods in the group’s official statement.

After Nearly 23 Years of Legal Struggle, Wrongful Convictions are Reversed for Everton Wagstaffe and Reginald Connor

A court said Brooklyn prosecutors buried documents in the kidnapping case of Everton Wagstaffe. (Credit: Nathaniel Brooks for The New York Times)

Everton Wagstaffe, who refused to leave prison on probation because he viewed it as a surrender of his claim of innocence in the death of a teenage girl, learned on Wednesday that he had prevailed in a struggle that he began from behind bars nearly 23 years ago.

A panel of state appeals court judges unanimously reversed the kidnapping convictions of Mr. Wagstaffe and his co-defendant, Reginald Connor, finding that Brooklyn prosecutors in 1992 and 1993 were responsible for “burying” documents that might have shown that detectives and the prime witness had lied. The panel also dismissed the indictments of the two men.
A spokeswoman for Kenneth P. Thompson, the Brooklyn district attorney, who has pledged to aggressively hunt down injustice, said the decision was being reviewed.

Reginald Connor’s conviction was also reversed. (Credit: Piotr Redlinski for The New York Times)

Mr. Connor, 46, served 15 years, and now works for a film-production company. For the moment, Mr. Wagstaffe, 45, remains in state prison. He has been in custody since his arrest at age 23 in January 1992.
Over the years, he has refused to accept release on any terms — such as parole or probation — that would imply he had something to do with the kidnapping and death of Jennifer Negron, a 16-year-old girl whose body was found on a street in the East New York section of Brooklyn on Jan. 1, 1992.
“Finally,” Mr. Connor said on Wednesday afternoon, sounding dazed. “Finally.”
He learned of the decision just after leaving a meeting with lawyers from Davis Polk & Wardwell, who had been representing him pro bono for the last several years.
Mr. Wagstaffe first heard of the ruling in a call with a family member, who asked not to be identified, but said Mr. Wagstaffe had insisted that the entire ruling be read to him. “ ‘You cry for both of us,’ ” the family member quoted Mr. Wagstaffe as saying. “ ‘I want to research part of it.’ ”

If the case comes to an end now, it would be the final chapter of an epic guerrilla legal battle waged by Mr. Wagstaffe. He entered prison with minimal literacy and taught himself to read. He then wrote hundreds of letters pleading for help in finding the physical evidence from the case so DNA testing could be done, and in finding missing witnesses. For much of that time, he had no legal counsel. He drafted his own legal papers and succeeded in being granted hearings, though not in getting any relief.

Black Lawyers to Challenge Police Brutality in 25 Cities

WASHINGTON (NNPA) – In an effort to combat police brutality in the Black community, the National Bar Association (NBA) recently announced plans to file open records requests in 25 cities to study allegations of police misconduct.

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National Bar Association President Pamela J. Meanes

Pamela Meanes, president of the Black lawyers and judges group, said the NBA had already been making plans for a nationwide campaign to fight police brutality when Michael Brown, an unarmed Black teenager was shot and killed by Darren Wilson, a White police officer following a controversial midday confrontation in a Ferguson, Mo.
Meanes called police brutality the new civil rights issue of this era, an issue that disproportionately impacts the Black community.
“If we don’t see this issue and if we don’t at the National Bar Association do the legal things that are necessary to bring this issue to the forefront, then we are not carrying out our mission, which is to protect the civil and political entities of all,” said Meanes.
The NBA, which describes itself as “the nation’s oldest and largest national network of predominantly African-American attorneys and judges,” selected the 25 cities based on their African-American populations and reported incidents of police brutality.
The lawyers group will file open records requests in Birmingham, Ala.; Little Rock, Ark.; Phoenix; Los Angeles; San Jose, Calif., Washington, D.C.; Jacksonville, Fla.; Miami; Atlanta; Chicago; Louisville, Ky.; Baltimore, Md.; Detroit; Mich.; Kansas City, Mo.; St. Louis, Mo.; Charlotte, N.C.; Las Vegas, Nev.; New York City; Cleveland, Ohio; Memphis, Tenn., Philadelphia; Dallas; Houston; San Antonio, Texas, and Milwaukee, Wis.
In a press release about the open records requests, the group said it will not only seek information about “the number of individuals who have been killed, racially profiled, wrongfully arrested and/or injured while pursued or in police custody, but also comprehensive data from crime scenes, including “video and photographic evidence related to any alleged and/or proven misconduct by current or former employees,” as well as background information on officers involved in the incidents.
Not only will the NBA present their findings to the public, but the group also plans to compile its research and forward the data over to the attorney general’s office.
Meanes said the group’s ultimate goal is to have a conversation with Attorney General Eric Holder and to ask, and in some cases, demand he seize police departments or take over or run concurrent investigations.
Meanes said federal law prohibits the Justice Department from going into a police department unless a pattern or history of abuse has been identified.
“The problem is that the information needed for that action is not readily available in a comprehensive way on a consistent basis with the goal of eradicating that abuse,” said Meanes, adding that the open records request is the best way to get that information.
Meanes said that the NBA was concerned that the trust had already brrn broken between the police force and the residents of Ferguson and that the rebellion and the protests would continue.
“We don’t think St. Louis County should investigate this. We don’t think the prosecutor should investigate this. There should be an independent third-party investigating this and that is the federal government,” said Meanes.
Phillip Agnew, executive director of the Dream Defenders, a civil rights group established by young people of color in the aftermath of the shooting death of Trayvon Martin, an unarmed Black teenager in Sanford, Fla., said law enforcement officials taunted, antagonized and disrespected peaceful protesters who took to the streets of Ferguson and at times incited the violence they attempted to stamp out in the wake of the shooting death of Michael Brown.
“An occupying force came into the community, they killed someone from the community, and instead of being transparent and doing everything they could do to make sure the community felt whole again, they brought in more police to suppress folks who were exercising their constitutional rights,” said Agnew.“If your protocol results in greater violence, greater anger, and greater disenchantment of the people, you have to chart a different course.”
On the heels of the NBA announcement, Attorney General Holder launched two initiatives designed to calm anxiety and frustration expressed by Ferguson’s Black residents towards the local police department over allegations of misconduct, harassment and discrimination.
The Justice Department also introduced a “Collaborative Reform Initiative” to tackle similar concerns with the St. Louis County Police Department and to improve the relationship between police officers and the communities they serve.

After 30 Years in Prison, Brothers Henry Lee McCollum and Leon Brown are Exonerated after Fresh DNA Evidence Emerges

New DNA evidence exonerated death row inmate Henry Lee McCollum, 50, and his half-brother Leon Brown, 46, of a 1983 murder

Two half-brothers wrongly incarcerated for 30 years have been released and have had their convictions overturned after fresh DNA evidence vindicated them.  Henry Lee McCollum, 50, who was on death row, and Leon Brown, 46, serving life, were arrested as teenagers in 1983 for the rape and murder of 11-year-old girl Sabrina Buie.

The innocent North Caroliners, who are diagnosed with mental disabilities, were released after new evidence linked the killing to another man who lived just feet from the soybean field that the girl’s body was found in and who was around the same time imprisoned himself for raping and killing an 18-year-old woman.
As the decision was announced by Superior Court Judge Douglas B Sasser yesterday, the men’s family erupted into applause and tears.
According to the New York Times, the brothers, who were 19 [McCollum] and 15 [Brown] at the time, had no physical evidence linking them to the crime.
Geraldine Brown, sister of Leon Brown, celebrates outside a Robeson County courtroom yesterdayGeraldine Brown, sister of Leon Brown, celebrates outside a Robeson County courtroom yesterday.  However, Mr McCollum was considered suspicious by some in the town after recently moving there from New Jersey, and after five hours of questioning without a lawyer present he gave a story of how he and three others had killed the girl.
“I had never been under this much pressure, with a person hollering at me and threatening me,” Mr McCollum told The News & Observer in an interview.
“I just made up a story and gave it to them so they would let me go home.”
He wasn’t allowed home, however, and was allegedly coerced into signing a confession – there is no recording of the interrogation.
During his incarceration, Mr. McCollum was held up as an example of someone who ‘deserved to die’.
In 1994, a Supreme Court Justice Antonin Scalia was arguing for the death penalty in an unrelated case when he referred to that of Mr McCollum’s, and said that a quiet lethal injection would be “enviable” than that inflicted on the murdered young girl, reports Huffington Post.
“Today, truth has prevailed, but it comes 30 years too late for Sabrina Buie and her family, and for Leon, Henry, and their families.
“Their sadness, grief, and loss will remain with them forever.”
Mr McCollum was North Carolina’s longest-serving death row inmate and in later years, changes were made to the justice system to prevent minors and those with mental disabilities from being given the death sentence.
According to the Guardian, the police force in Red Springs is also accused of hiding crucial bits of crime scene evidence from 1984 until last month, that had not even been revealed to the defence teams or prosecutors.
article by Natasha Culzac via independent.co.uk

Renisha McBride's Killer To Serve At Least 17 Years In Prison

theodore wafer, renisha mcbride
Theodore Wafer, the White suburban Detroit man who shot and killed Renisha McBride last fall, was sentenced on Wednesday to serve at least 17 years in prison. Wafer apologized to the family of McBride in attendance just before his sentence was delivered and the family agreed that the decision was fair.
Wafer, 55, shot the 19-year-old McBride on November 2, 2013, through his screen door, after she knocked in the middle of the night for help with an accident. Wafer said he shot McBride out of fear and has admitted he was drinking the night before; however, his claims of self-defense was not enough to convince the jury of his innocence.
“I apologize from the bottom of my heart. I am truly sorry for your loss,” Wafer said to the family. “From my fear, I caused a loss of life who was too young to leave this world. And for that, I carry that guilt and sorrow forever.”
Third Circuit Court Judge Dana Margaret Hathaway heard an impassioned plea from Wafer’s defense attorney, who sought a lower charge of manslaughter versus the second-degree murder charge that ultimately led to his sentence. Judge Hathaway was clear to acknowledge that she didn’t find Wafer to be a murderer but his actions were far too hasty and reckless.
Wafer was also charged and found guilty of manslaughter and a weapons felony charge in August. State prosecutors suggested that Wafer serve 17 years at a minimum, including two years for the unlawful use of a firearm.
The family feels that overall, the decision was just.
“I’m very happy. I believe justice was served and I believe my sister can rest peacefully now,” said McBride’s sister to NBC News.
Hathaway sentenced Wafer to 15 to 30 years on the second-degree murder charge, seven to 15 years on his manslaughter charge conviction, and two years for his felony firearms conviction.
article by D.L. Chandler via newsone.com

Teen Siblings Ima, Caleb, Asha and Joshua Christian Create App to Document Police Interactions

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Five-O App Inventors Caleb, Ima, Joshua, and Asha Christian (Pine Tart)

Like everyone else in America, Ima Christian has been nervously watching the news unfold in Ferguson, Missouri. The 16-year-old resident of Stone Mountain, Georgia, says that she and her siblings have been in constant conversation with their parents about the recent deaths of Michael Brown and Eric Garner (who died last month in Staten Island) at the hands of police.
“Our parents try to put everything in context for us,” Christian says. “They try to tell us to focus on solutions.”
So they decided to build their own answer to police abuse. On Monday, Ima Christian (pictured, second from left) and her siblings—principally Caleb, 14, and Asha, 15, with the support of Joshua, 10—are launching a beta version of Five-O, an app that will enable users to rate their interactions with police and view aggregate scores for how law-enforcement agencies fare.
“As soon as we decided that we wanted to make an app, we threw the idea on the white board,” she says.

Ima Christian and her siblings decided to build their own answer to police abuse.

Here’s how Five-O works: Users log in to a dashboard, where they have several options. A Five-O user can create a detailed incident report and rate the professionalism and courtesy of the officer, using an A-F scale. Or they can view police stations by county or state to see how various departments rate. (Those A-F officer interaction scores are averaged out on a 4.0 scale—like a GPA for the fuzz.)
The app also allows people to post messages to a community board. There’s another function called “Know Your Rights,” a Q&A-formatted feature, “so you have your rights at your fingertips at any moment,” Christian says. The family drew the information from the American Civil Liberties Union.
Christian, a senior at Parkview High School, credits her brother Caleb for the idea to create an app for rating police interactions. They decided early on in the project planning stages that Five-O would focus on the good as well as the bad.
“I haven’t really heard of issues happening in Stone Mountain of the scale of what’s in the news,” she says. “I do have relatives who have had negative interactions with police.” She says that friends of the family include police officers, who offer a friendlier model for police interactions. “This is an app to offer up positive experiences. They can be an example.”
[youtube https://www.youtube.com/watch?v=wH-Veei0jQM&w=560&h=315]
This is the Christian family’s first app release, but it’s unlikely to be their last. Ima and her siblings are aggressive students of programming, especially for a mobile environment. She and her siblings Asha and Caleb have participated in programs such as MIT’s +K12Scratch, and App Inventor programs. Ima and Asha Christian are both executive team members in the ProjectCSGirls computer science competition. And they were both 2014 #Include Fellows in the She++ program. Ima is a Codecademy alum as well, and has done coding programs through Stanford.Stanford, incidentally, is Ima’s reach school—she’s also got her sights set onWashington University in St. Louis, Brown, and Columbia—and the graduating senior has also done work at her top in-state choice, the Georgia Institute of Technology. (Ima’s siblings could not be reached for comment, as they were not yet home from school.)
Following Monday’s beta launch for Five-O, the Christian siblings are continuing work on two more projects: Coily, a review app for hair-care products for black girls and women, and Froshly, an app to facilitate meetings for in-bound college pre-freshmen, “so they can greet each other before they meet each other in school.” The Christian siblings started a company, Pine Tart, Inc., to advance their work.
“We don’t have any institutional support right now,” Ima Christian says. “It’s just us. We’re our own team.”
article by Kriston Capps via citylab.com

OPINION: Black Millennials Are Emerging as the ‘Movement Generation'

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Christina Bijou holds a sign during a rally outside the Department of Justice, August 27, 2014, in Washington, to call on the Attorney General Eric Holder to help secure justice for Michael Brown and the people of Ferguson. (AP Photo/Alex Brandon)

On August 22, almost two weeks after Michael Brown was shot and killed by a police officer in Ferguson, Missouri, The Washington Post published an op-ed by Columbia University professor Fredrick Harris titled “Will Ferguson be a moment or a movement?
I started working on my piece about the new era of black activism (which you can read here) months ago, and so I read Harris’s op-ed with the same level of irritation that made me want to write that piece in the first place. Not that there isn’t any value in what Harris wrote, because there certainly is. But if you’re asking the question “Where is the movement?” you simply haven’t been paying attention.
“A moment of trauma can oftentimes present you with an opportunity to do something about the situation to prevent that trauma from happening again,” Charlene Carruthers, national coordinator for Black Youth Project 100, told me in an interview for that piece, and the millennial generation has been presented with trauma after trauma. The killing of Sean Bell, the over-prosecution of the Jena Six, the killing of Oscar Grant, the killing of Aiyana Stanley-Jones, the killing of Trayvon Martin and so many more moments that may not have captured the national media attention but those events have defined the late adolescence and early adulthood of black folks of the millennial generation. As part of that demographic, let me say: the trauma has been fucking exhausting.
So, too, has been the haranguing from older generations that we have been too apathetic, that we have been too “post-racial,” that we have not done our part in upholding the legacy of the civil-rights movement. And so I wanted to write a corrective to that narrative, as I’ve seen my generation take up the fight and organize and begin along the hard road to movement building. It’s happening at this very moment. It was happening before Michael Brown was killed.
Harris writes: “What may keep Ferguson from becoming a national transformative event is if “justice” is narrowly confined to seeking relief for Brown and his family. If the focus is solely on the need for formal charges against Wilson, a fair trial, a conviction, a wrongful-death lawsuit—rather than seeing those things as part of a broader movement that tackles stand-your-ground laws, the militarization of local police, a requirement that cameras be worn by police on duty and the need for a comprehensive federal racial-profiling law. If justice remains solely personal, rather than universal.”
But that work had already begun before Ferguson erupted. The Dream Defenders traveled to the United Nations to present a case against “stand-your-ground” laws, and BYP100 recently organized an action at the Chicago Police Department headquarters to address discrepancies in marijuana arrests. The movement is here. The pictures are not as arresting as what comes from a moment like Ferguson, and therefore aren’t as compelling to media outlets only interested in the sensational. But the criminalization of black youth has emerged as the central focus of organizing efforts for the millennial generation and the work is being done.
On Twitter, filmmaker/writer/activist dream hampton called millennials the “Movement Generation.” It fits.
article by Mychal Denzel Smith via thenation.com

Justice Ruth Bader Ginsburg Speaks Out Against Supreme Court for Forsaking Fight Against "Real Racial Problem"

Supreme Court Justice Ruth Bader Ginsburg said recent decisions by the high court undermine its role in solving a “real racial problem” in America. (Photo by Nikki Kahn/The Washington Post via Getty Images)Although the U.S. Supreme Court was “once a leader in the world” in the battle for racial equality, recent decisions by the high court undermine its role in solving a “real racial problem” in America, Justice Ruth Bader Ginsburg explained in an interview with The National Law Journal last Wednesday.

Citing recent events in Ferguson, Missouri, and racially biased stop-and-frisk policies, Ginsburg reflected on the perpetuation of racial segregation in America, comparing the challenges with those of the lesbian, gay, bisexual and transgender community.
“Once [gay] people began to say who they were, you found that it was your next-door neighbor or it could be your child, and we found people we admired,” she said. “That understanding still doesn’t exist with race; you still have separation of neighborhoods, where the races are not mixed. It’s the familiarity with people who are gay that still doesn’t exist for race and will remain that way for a long time as long as where we live remains divided.”
But instead of upholding the court’s history as a powerful stalwart against racial discrimination, the Roberts court’s recent decisions upholding affirmative action bans and restricting voting rights have not “helped” the country advance, Ginsburg explained.
“What’s amazing is how things have changed,” Ginsburg said, recalling the landmark 1971 decision of Griggs v. Duke Power Co., in which the Supreme Court unanimously held that employer policies that look neutral on paper can still constitute discrimination if they disproportionately harm minorities in practice. “It was a very influential decision and it was picked up in England. That’s where the court was heading in the ’70s.”
Singling out the Voting Rights Act as the most powerful law “in terms of making people count in a democracy,” Ginsburg reiterated her opposition to the court’s majority 2013 decision in Shelby County v. Holder, which struck down a key provision that helped safeguard against racial discrimination in voting laws.

Parents of Michael Brown to Attend Eric Garner Rally

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Michael Brown Sr. and Lesley McSpadden, the parents of slain teenager Michael Brown, attend a rally at Greater Grace Church in Ferguson, Mo., on Aug. 17, 2014.  (SCOTT OLSON/GETTY IMAGES) 
The parents of Michael Brown will be attending the rally for Eric Garner in Staten Island, N.Y., this Saturday.
According to the Huffington Post, Brown’s father, Michael Brown Sr., and mother, Lesley McSpadden, will attend the rally, which is expected to draw more than 15,000 people.
Attendees will march from the location of Garner’s death to the Staten Island district attorney’s office.  Supporters of the march hope that it will “symbolically link” the deaths of Brown and Garner and energize the advocacy against police brutality.
Brown’s parents were not sure of their attendance at first because they had not yet set a date for Brown’s funeral. Their legal representation, Benjamin Crump, announced Wednesday that Brown’s funeral will be held Monday.
Read more at the Huffington Post.
article by Diamond Sharp via theroot.com