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Marissa Alexander, Woman Sentenced To 20 Years For Firing Warning Shot in Florida, Gets New Trial

By goodblacknews on September 26, 2013

Marissa Alexander new trialTALLAHASSEE, Fla. — A Florida woman serving 20 years in prison for firing a shot at her estranged husband during an argument will get a new trial, though she will not be able to invoke a “stand your ground” defense, an appeals court ruled Thursday.

The case of Marissa Alexander, a Jacksonville mother of three, has been used by critics of Florida’s “stand your ground” law and mandatory minimum sentences to argue that the state’s justice system is skewed against defendants who are black.
The 1st District Court of Appeal ruled that Alexander deserves a new trial because the trial judge handling her case did not properly instruct the jury regarding what is needed to prove self-defense.
The ruling, written by Judge Robert Benton, said the instructions constituted a “fundamental error” and required Alexander to prove self-defense “beyond a reasonable doubt.”  But the court also made it clear in its ruling that the judge was right to block Alexander from using the state’s “stand your ground” law as a way to defend her actions. That law generally removes people’s duty to retreat in the face of possible danger and allows them to use of deadly force if they believe their lives are in danger.
Faith Gay, one of the attorneys representing the 33-year-old Alexander, said she was grateful for the “thorough consideration” provided by the appeals court.  “We are looking forward to taking the case back to trial,” Gay said.

Jury Awards $1 Million To John Collins, Who Sued City of Chicago For False Police Charges

By goodblacknews on September 25, 2013
John Collins
John Collins, who was wrongfully imprisoned in Cook County Jail for over a year.

Cook County jurors on Tuesday awarded $1 million to a man who was wrongfully held in jail for more than a year.  John Collins, a 42-year-old Chicago barber, was arrested in 2006 and spent 385 days in jail due to false charges of aggravated battery to a police office, officials said.  After a three-day trial, a jury found the city of Chicago and Chicago police Officer Michael Garza guilty of malicious prosecution.

“I felt like a right in the pool of wrong,” Collins said of his time in jail. “I didn’t want to swim in that pool no more, but I didn’t want to drown either. So I kept fighting.”  When officers pulled Collins over in 2006, he’d just left his salon.  One officer accused him of kicking and spitting on them, but a jury acquitted Collins and he was released from Cook County in 2007.

“All I know is that I ended up a victim,” he said. Collins said the trauma and distress is still with him. “I was just devastated,” he said. “I was just devastated.” Collins missed the birth of his now 7-year-old son Elwood while in jail, a moment he said he can never get back.  Since his release, Collins has worked continuously in his Dolton salon, and noted the verdict brings him a step closer to having his life back.  “I’m thankful that someone’s seen justice,” he said.

A spokesman for the city’s Law Department said they are “disappointed” in the verdict in the case and said they plan to “explore all available options including an appeal.”

article by Natalie Martinez via nbcchicago.com

Attorney General Eric Holder Expands Changes in Drug-Case Policy

By goodblacknews on September 22, 2013
Attorney General Eric Holder, speaks about the mandatory minimum policy at the Congressional Black Caucus Foundation's 2013 annual legislative conference in Washington, Thursday, Sept. 19, 2013. (AP Photo/Manuel Balce Ceneta)
Attorney General Eric Holder, speaks about the mandatory minimum policy at the Congressional Black Caucus Foundation’s 2013 annual legislative conference in Washington, Thursday, Sept. 19, 2013. (AP Photo/Manuel Balce Ceneta)

WASHINGTON (AP) — The Justice Department is expanding a major change in federal drug sentencing policy to cover pending drug cases, Attorney General Eric Holder said Thursday.  Last month, Holder said certain low-level, nonviolent drug offenders — those without ties to large-scale organizations, gangs or cartels — no longer will be charged with offenses that impose severe mandatory minimum sentences.

Holder said he now has broadened the new policy to cover defendants who have not yet been convicted in drug cases that could involve lengthy mandatory prison sentences. The policy also may be applied, at the discretion of prosecutors, to a defendant who has entered a guilty plea, but has not yet been sentenced.  Mandatory minimum prison sentences, a legacy of the government’s war on drugs, limit the discretion of judges to impose shorter prison terms.  Holder says the government should reserve the most severe prison terms for serious, high-level or violent drug traffickers.
“Some federal drug statutes that mandate inflexible sentences — regardless of the individual conduct at issue in a particular case — do not serve public safety when they’re applied indiscriminately,” Holder told a criminal justice issues forum of the Congressional Black Caucus Foundation.
At a Senate Judiciary Committee hearing this week, Sen. Rand Paul, R-Ky., said that in one case, a first-time offender arrested with less than 2 ounces of cocaine was sentenced to 10 years in prison because of mandatory sentencing guidelines. Paul has drafted legislation along with committee chairman Sen. Patrick Leahy, D-Vt., that would give judges wider sentencing discretion as one way to relieve prison overcrowding and bring down the exploding costs of operating prisons.
Copyright 2013 The Associated Press via thegrio.com

Mothers of Trayvon Martin, Jordan Davis to Testify at Senate ‘Stand Your Ground’ Hearing

By goodblacknews on September 16, 2013
Trayvon Martin's mother Sybrina Fulton speaks during a rally honoring Trayvon Martin organized by the National Action Network outside One Police Plaza in Manhattan on July 20, 2013 in New York City. Demonstrators have gathered in various cities across the country to protest the acquittal of neighborhood watchman George Zimmerman and press for his federal prosecution in the shooting death of teenager Trayvon Martin. (Photo by Kena Betancur/Getty Images)
Trayvon Martin’s mother Sybrina Fulton speaks during a rally honoring Trayvon Martin organized by the National Action Network outside One Police Plaza in Manhattan on July 20, 2013 in New York City. Demonstrators have gathered in various cities across the country to protest the acquittal of neighborhood watchman George Zimmerman and press for his federal prosecution in the shooting death of teenager Trayvon Martin. (Photo by Kena Betancur/Getty Images)

NEW YORK – On Tuesday, the mothers of Trayvon Martin and Jordan Davis will testify on Capitol Hill. The topic: “Stand Your Ground” laws.  Sybrina Fulton and Lucia McBath will testify before the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights. The hearing, according to a notice on the Senate Judiciary Committee website is entitled “‘Stand Your Ground’ Laws: Civil Rights and Public Safety Implications of the Expanded Use of Deadly Force.”
Tallahassee, Florida-based state attorney William Meggs, and Harvard Law School professor and director of the Criminal Justice Institute Ronald S. Sullivan, Jr. are also expected to testify, along with a senior fellow from the Libertarian Cato Institute and John R. Lott, Jr., Ph.D., President of the Crime Prevention Research Center in Swarthmore, PA.
Fulton is the mother of Trayvon Martin, whose shooting death and the acquittal of his killer, George Zimmerman, on second degree murder and manslaughter charges touched off more than a year of controversy regarding Florida’s “stand your ground” laws and similar laws across the country. (Zimmerman didn’t use “Stand Your Ground” as his defense, but it was referenced by one of the jurors in the case in interviews after the verdict, and it altered Florida’s jury instructions in cases like Zimmerman’s.)
A foundation founded by Fulton and Trayvon Martin’s father, Tracy Martin, is working to amend “Stand Your Ground” laws in Florida and in the more than 20 other states with similar laws.  George Zimmerman said he shot Martin in self-defense.
McBath’s son, Jordan Davis, was shot to death on November 23, 2012 at a Jacksonville gas station as he sat in a car with three friends. Michael Dunn is expected to use the “Stand Your Ground” self defense law in his upcoming trial for Davis’ killing. Dunn is expected to go to trial in January.

Phylicia Rashad Takes on Directing Role to Mark 50th Anniversary of Alabama Church Bombing

By goodblacknews on September 15, 2013

thWASHINGTON – Phylicia Rashad is best known for starring roles on stage and television, but as a director she decided to commemorate a historic moment that helped spur the civil rights movement.
The Tony Award-winning actress directed a reading of the play “Four Little Girls: Birmingham 1963” at the Kennedy Center Sunday to mark the 50th anniversary of the bombing at the 16th Street Baptist Church in Birmingham, Alabama. Four girls were killed in the explosion, which was set by white supremacists and helped spur passage of landmark civil rights legislation.
Rashad, who is recognized for her portrayal as the matriarch on “The Cosby Show” TV series and Broadway’s “A Raisin in the Sun,” said she wanted the reading to emphasize the “sanctity of joy, human existence and the value of all life.”
The play, written by Christina Ham, starred students from Howard University and the Duke Ellington School of the Arts in Washington, D.C.
Rashad, an alumna of Howard University, said acting and directing are both challenging and rewarding. In her role as director, Rashad said she works to keep the creative energy in line with the writer’s vision, “while leaving room for people to add to the vision in a collaborative effort.”
article by Stacy A. Anderson, AP via ca.yahoo.news.com

Congress Honors ’4 Little Girls’, Civil Rights Era Bombing Victims

By goodblacknews on September 11, 2013
President and CEO of the Birmingham Civil Rights Institute Lawrence Pijeaux, front, lays on a table the Congressional Gold Medal posthumously awarded in honor of Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley, the four young black girls who lost their lives in the bombing of the 16th Street Baptist Church in Birmingham, Alabama, on September 15, 1963, presented by Speaker of the House Rep. John Boehner, back center, during a ceremony at the U.S. Capitol in Washington, Tuesday, Sept. 10, 2013. Others are, Sen. Barbara Mikulski, D-Md., from back left, Rep. Terri Sewell, D-Ala., Boehner, Senate Majority Leader Sen. Harry Reid, D-Nev., obscured, unidentified, House Democratic Leader Nancy Pelosi, D-Calif., and Sen. Richard Shelby, R-Ala. (AP Photo/Manuel Balce Ceneta)
President and CEO of the Birmingham Civil Rights Institute Lawrence Pijeaux, front, lays on a table the Congressional Gold Medal posthumously awarded in honor of Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley, the four young black girls who lost their lives in the bombing of the 16th Street Baptist Church in Birmingham, Alabama, on September 15, 1963, presented by Speaker of the House Rep. John Boehner, back center, during a ceremony at the U.S. Capitol in Washington, Tuesday, Sept. 10, 2013. Others are, Sen. Barbara Mikulski, D-Md., from back left, Rep. Terri Sewell, D-Ala., Boehner, Senate Majority Leader Sen. Harry Reid, D-Nev., obscured, unidentified, House Democratic Leader Nancy Pelosi, D-Calif., and Sen. Richard Shelby, R-Ala. (AP Photo/Manuel Balce Ceneta)

WASHINGTON (AP) — House and Senate leaders on Tuesday awarded Congress’ highest civilian honor to four girls killed in the Alabama church bombing nearly 50 years ago that became a watershed moment in the civil rights movement.
The Congressional Gold Medal went to Addie Mae Collins, Carole Robertson and Cynthia Wesley, who were all 14, and Denise McNair, who was 11. The ceremony came five days before the 50th anniversary of their deaths inside the 16th Street Baptist Church in Birmingham.
“Their names remain seared in our hearts,” said House Democratic leader Nancy Pelosi of California. She was joined at the commemoration by Senate Republican leader Mitch McConnell of Kentucky, Senate Democratic leader Harry Reid of Nevada, Republican House Speaker John Boehner and cmembers of Alabama’s congressional delegation.  Along with the many lawmakers in the crowd paying tribute were director Spike Lee, and several relatives of the girls.

Merrill Lynch Agrees to Settle Racial Bias Suit Filed By Black Brokers for $160 million

By goodblacknews on August 28, 2013
Merrill Lynch, a unit of Bank of America, has settled a long-running racial bias suit for a princely sum that may be the largest even distributed to p...
Merrill Lynch, a unit of Bank of America, has settled a long-running racial bias suit for a princely sum that may be the largest even distributed to plaintiffs in a bias suit against an American employer.

Bank of America Corp’s Merrill Lynch unit agreed to pay $160 million to settle a racial bias lawsuit that went through two appeals at the United States Supreme Court, the New York Times reported, citing the plaintiff’s lawyer. 

Longtime Merrill broker George McReynolds filed the lawsuit in 2005 accusing the brokerage of steering blacks into clerical positions and diverting lucrative accounts to white brokers, resulting in lower pay and fewer career growth opportunities. 
The payout in the suit, which was filed on behalf of 700 black brokers who worked for Merrill, would be the largest sum ever distributed to plaintiffs in a racial discrimination suit against an American employer, according to the New York Times. 
The preliminary settlement was confirmed to the newspaper by a spokesman for Merrill Lynch and Linda Friedman, a Chicago lawyer who represents the brokers. (http://link.reuters.com/wes62v)  “We are working toward a very positive resolution of a lawsuit filed in 2005 and enhancing opportunities for African-American financial advisers,” Bill Halldin, a spokesman for Merrill Lynch, told the paper. 
Merrill Lynch and Stowell & Friedman, the law firm representing McReynolds, could not immediately be reached for comment by Reuters outside of regular U.S. business hours.
article by Seth Wenig, AP via nbcnews.com

Sybrina Fulton Speaks Out Against Stop-And-Frisk Policies (VIDEO)

By goodblacknews on August 19, 2013

Sybrina FultonThe mother of Trayvon Martin spoke out Sunday against the stop-and-frisk police practice in New York City, saying neither police nor civilians have the right to stop someone because of their race.  Critics say the stops target blacks and Hispanics who aren’t doing anything wrong. Earlier this week, a judge told New York City that its policy was racial discrimination. The city plans to appeal.  “You can’t give people the authority, whether civilian or police officers the right to just stop somebody because of the color of their skin,” Martin’s mother, Sybrina Fulton said on NBC’s Meet the Press.
Over the past decade, New York police have stopped, questioned and sometimes patted down about 5 million people; 87 percent were black or Hispanic. About 10 percent of the stops spur an arrest or summons. Police find weapons a fraction of the time.  New York Police Commissioner Raymond Kelly defended the use of stop and frisk Sunday and said violent crimes would increase if the practice were abandoned.  “The losers in this, if this case is allowed to stand, are people who live in minority communities,” he said on CBS’ Face the Nation.
[youtube=http://www.youtube.com/watch?v=8zGRfLBRQEM&w=420&h=315]Fulton’s attorney, Benjamin Crump, said the stop and frisk policy targeted people by race and noted it was still being used as the 50th anniversary of Dr. Martin Luther King Jr.’s “I have a dream” speech approached.  “It actually takes us away from his poignant words of, ‘I dreamed my children would be judged by the content of their character rather than the color of their skin,’” Crump said.  Fulton has said neighborhood watch volunteer George Zimmerman “got away with murder” in the 2012 killing of her son, largely because of Florida’s self-defense law.
Protesters had been occupying part of the Capitol in Tallahassee, calling for an examination of the Florida law since Zimmerman was acquitted last month. Zimmerman claimed self-defense in shooting the 17-year-old Martin during a fight; Martin’s supporters say Zimmerman profiled and followed him because Martin was black.
article by Associated Press via blackamericaweb.com

Alabama Panel Targets State Constitution To Strike Out Racist Language

By goodblacknews on August 13, 2013

Alabama State Capitol Building
MONTGOMERY, Ala. — A state panel has proposed striking segregationist language from Alabama’s 1901 constitution that mandates separate schools for “white and colored children.”  The Anniston Star reports the Alabama Constitutional Review Commission voted 9-7 Monday (http://bit.ly/165Hc57) to propose that Section 256 of the document instead say the state will maintain a system of public schools and to drop references to segregation.
The passage hasn’t had legal authority since the civil rights movement. Some state leaders say they’d like to strike the passage because it’s an embarrassment to Alabama.  Commissioner Carolyn McKinstry told the newspaper it’s disappointing more people didn’t agree on the topic.  Two prior attempts at striking the passage have failed. In 2004, opponents said dropping the language could allow courts to demand equal funding for the state’s school districts.
article by Associated Press via huffingtonpost.com

'Mandatory Minimum' Sentences to End for Many Non-Violent Drug Offenders

By goodblacknews on August 12, 2013

Eric Holder
SAN FRANCISCO — Federal prosecutors will no longer seek long, “mandatory minimum” sentences for many low-level, nonviolent drug offenders, under a major shift in policy aimed at turning around decades of explosive growth in the federal prison population, Atty. Gen. Eric H. Holder Jr. announced today.  The nation’s top law enforcement official called for a “fundamentally new approach” to enforcing drug laws in order to help alleviate prison overcrowding and reduce race-based disparities in drug prosecutions.

“It’s clear – as we come together today – that too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason. It’s clear, at a basic level, that 20th-century criminal justice solutions are not adequate to overcome our 21st-century challenges,” Holder told the annual meeting of the American Bar Association’s House of Delegates in San Francisco. “And it is well past time to implement common sense changes that will foster safer communities from coast to coast.”
The new policy involves the prosecution of low-level, non-violent drug offenders who have no ties to gangs, cartels or other large-scale organizations. They will be charged with offenses that — like those for most crimes — specify a range of months or years, allowing judges to decide sentence length.  Holder has long argued that mandatory minimums are contributing to the fact that the number of inmates in federal prisons has increased by 800 percent since 1980, far faster than the growth of the U.S. population.