Nathan Brown, 40, who was convicted of the attempted aggravated rape of a 40-year-old woman in 1997 solely based on her identification, was released from a state prison yesterday after serving 17 years of a 25-year sentence. DNA testing has proved what Brown has claimed all along: He was not the man who attacked the woman as she returned to the Metairie apartment complex where they both lived, his attorneys say.
“I sincerely ask for you to have mercy upon me when the time for sentencing comes,” Brown wrote in December 1997 to then-Judge Walter Rothschild, the month after a Jefferson Parish jury convicted him. “I understand what I’ve been accused of, but I’m not the man who did this (horrendous) crime. I live a clean and honest life, providing for my daughter and helping my family out.”
Attorney Vanessa Potkin of the Innocence Project in New York, filed papers in the 24th judicial District Court in Gretna on Tuesday, saying DNA testing clears Brown. She asked Judge Ray Steib to vacate the sentence and order his release. Brown was at least the 15th person exonerated by DNA evidence in Louisiana since 1999.
The Jefferson Parish district attorney’s office declined to comment, too. But according to court records, District Attorney Paul Connick Jr. did not oppose the Innocence Project’s request to test evidence for DNA.
Brown’s attorneys asked for the DNA testing last year. Prosecutors did not oppose the testing, and Steib ordered it to be done on Dec. 16, court records show. The company that performed the testing, Orchid Cellmark, excluded Brown “as the source of the male biological material that was testing,” Potkin wrote.
“Additional testing has identified the source of the biological material as a specific known individual other than Nathan Brown,” she wrote. “Because Nathan Brown is not the source of the male biological material that was tested, he was established by clear and convincing evidence that he is factually innocent of the attempted aggravated rape for which he was convicted.”
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The King children—Bernice, Dexter and Martin III– will accept the posthumous Congressional Gold Medal for their parents Dr. Martin Luther King, Jr. and Coretta Scott King. To mark the 50th anniversary of the Civil Rights Act of 1964, the White House honored both the civil rights icon and his often unsung wife–who dedicated her life to keeping his legacy and that of the larger movement alive until her death in 2006–at a special ceremony yesterday, June 24.
Earlier this year, the King children were embroiled in a battle over the potential sale of the Nobel Peace Prize medal Dr. King received in 1964 and his personal traveling Bible that President Obama sworn on for his first historic inauguration ceremony. At a news conference held at the historic Ebenezer Baptist Church, where her father and grandfather preached, Bernice said “I take this strong position for my father because Daddy is not here to say for himself, ‘My Bible and my medals are not to be sold.”
Although some applauded Bernice’s public stance, others pointed out that the children all sold their father’s papers for $32 million in 2006 and pondered why these possessions were deemed different. In 2009, the King children settled another dispute over the King estate, with Bernice and Martin III teamed against Dexter regarding his decision-making for the estate.
While there appears to be no public record of the resolution of the latest legal battle, it is promising that the children are scheduled to accept the honor for their parents together. Let’s hope the good vibes continue and the Kings can finally get the peace for which their parents fought. George Washington received the first medal in 1776.
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Brooklyn County is leading New York State in inmate exonerations for 2014 thus far, the New York Daily News reports. Of the 11 inmates cleared of criminal wrongdoing this year, Kings County has eight of them, all spearheaded by new boro D.A. Kenneth Thompson’s 13-person team. Thompson has made exonerations one of his offce’s key focuses.
“I am determined to get to the bottom of these cases,” Thompson, who defeated longtime D.A. Charles Hynes in last year’s city elections, told the Daily News. Each of the men cleared had spent two decades behind bars.
To that end, he has made great use of his Conviction Review Unit, which is currently looking at 57 questionable homicide prosecutions. The unit has cleared four defendants so far, Thompson added. D.A.’s in the other boroughs say they don’t plan on launching widescale exoneration units. Though his predecessor started the unit, Thompson has expanded it. He allocated $1.1 million for the unit and plans to broaden its focus once its caseload decreases. Legal authorities say they are impressed by his work.
“It’s absolutely unprecedented,” said Rob Warren, director at the Center on Wrongful Convictions at Northwestern University. “I hope it lives up to the expectations and becomes a model to the nation.”
“We hope that by the end of this review, we can learn some lessons and shed some light on how these cases come about,” Thompson added.
According to experts, the state’s high number of wrongful convictions stems from the mass homicides from the crack epidemic of the 1980s.
article by Hannington Dia via newsone.com
ATLANTA — Far from his typical Broadway haunts, the director George C. Wolfe was walking through a construction site here this spring when, amid a cacophony of saws and drills, he stopped and stood before what was to become a replica of a lunch counter that he said would claw visitors back into history.
The display at the National Center for Civil and Human Rights, Mr. Wolfe said, would allow people to don headphones, rest their hands on the counter and hear a volley of heckles similar to what demonstrators heard during the civil rights movement.
“You’re in the moment,” Mr. Wolfe, the center’s chief creative officer, said, his voice rising. “You’re in the times. You’re experiencing the euphoria and the danger that was existing at the time.”
For Mr. Wolfe and the museum’s supporters, summoning the South’s past in a dramatic way is an unequaled opportunity for Atlanta to showcase a present well beyond CNN, Coca-Cola and a vast international airport. Civic boosters contend that the museum will fuel tourism, broaden the city’s reputation and become a place that could host international human rights events.
Whether the $80 million complex — backed by a mix of public and private funding, with the land donated by Coca-Cola — will fulfill the entirety of that lofty vision is a question that could take decades to answer. But Doug Shipman, the center’s chief executive, said it would be both a vivid link to the city’s rich civil rights history and a prod toward social change.
“This isn’t about specialists,” Mr. Shipman said. “This isn’t about academics. This is trying to take a 15-year-old and move them to interest and inspiration.”
The center, set along the northern edge of Pemberton Place, an area honoring the pharmacist who created Coca-Cola, is scheduled to open on Monday and will be the latest Southern museum to honor the region’s civil rights heritage. Birmingham, Ala., and Memphis are among the cities that host popular museums, and another is planned in Jackson, Miss.
The five men whose convictions in the brutal 1989 beating and rape of a female jogger in Central Park were later overturned have agreed to a settlement of about $40 million from New York City to resolve a bitterly fought civil rights lawsuit over their arrests and imprisonment in the sensational crime.
The agreement, reached between the city’s Law Department and the five plaintiffs, would bring to an end an extraordinary legal battle over a crime that came to symbolize a sense of lawlessness in New York, amid reports of “wilding” youths and a marauding “wolf pack” that set its sights on a 28-year-old investment banker who ran in the park many evenings after work.
The confidential deal, disclosed by a person who is not a party in the lawsuit but was told about the proposed settlement, must still be approved by the city comptroller and then by a federal judge.
The initial story of the crime, as told by the police and prosecutors, was that a band of young people, part of a larger gang that rampaged through Central Park, had mercilessly beaten and sexually assaulted the jogger. The story quickly exploded into the public psyche, fanned by politicians and sensational news reports that served to inflame racial tensions.
The five black and Hispanic men, ages 14 to 16 at the time of their arrests, claimed that incriminating statements they had given had been coerced by the authorities. The statements were ruled admissible, and the men were convicted in two separate trials in 1990.
In December 2002, an investigation by the Manhattan district attorney, Robert M. Morgenthau, found DNA and other evidence that the woman had been raped and beaten not by the five teenagers but by another man, Matias Reyes, a convicted rapist and murderer who had confessed to acting alone in the attack. Concluding that the new evidence could have changed the original verdict, Mr. Morgenthau’s office joined a defense motion asking that the convictions be vacated.
If approved, the settlement would fulfill a pledge by Mayor Bill de Blasio to meet a “moral obligation to right this injustice.”
WASHINGTON (AP) — The U.S. Patent Office ruled Wednesday that the Washington Redskins nickname is “disparaging of Native Americans” and that the team’s federal trademarks for the name must be canceled.
The 2-1 ruling comes after a campaign to change the name gained momentum over the past year. The team doesn’t immediately lose trademark protection and is allowed to retain it during an appeal, which is likely.
Redskins owner Dan Snyder has refused to change the team’s name, citing tradition, but there has been growing pressure including statements in recent months from President Barack Obama, lawmakers of both parties and civil rights groups.
The decision means that the team can continue to use the Redskins name, but it would lose a significant portion of its ability to protect the financial interests connected to its use. If others printed the name on sweatshirts, apparel, or other team material, it becomes more difficult to go after groups who use it without permission.
The case involves six registered trademarks that involve the use of the word Redskins, but it does not apply to the team’s logo.
Miami-Dade Circuit Judge Darrin P. Gayles reached an American milestone Tuesday when the U.S. Senate confirmed him as a federal judge, making Gayles the first openly gay black male jurist to sit on the bench.
The noon vote was 98-0.
Gayles has served on the Florida circuit court since 2011 and before on the Miami-Dade county court, beginning in 2004. He graduated from George Washington University School of Law.
In February, President Barack Obama nominated Gayles and White House officials noted that he would be the first openly gay male African-American federal judge.
Click here for updates.
article by Jay Weaver via miamiherald.typepad.com
After a multi-year battle with oral cancer, MLB First-Ballot Hall Of Famer Tony Gwynn passed away recently. He is mourned by everyone in San Diego from the mayor on down and by all of Major League Baseball. No one will debate the talent that Tony Gwynn’s amazing career displayed. But what few people know is just how thoroughly superlative his aptitude for baseball was.
Back when relief pitching was more of an aberration than the norm and drug testing was non-existing, Gwynn’s numbers would have been impressive. But you add these factors in and it starts to paint the portrait of wonder that was Gwynn’s outstanding career.
So let me grab that paint brush and show you just how beautiful his genius for baseball was.
1. Most Batting Titles – 8
Tony Gwynn had the highest batting average of every player in the Major Leagues in eight out his twenty seasons of professional baseball. He tied for second all time in the number of batting titles he’d earned. The guy ahead of him is Ty Cobb whose career ended in 1928. He’s tied with Honus Wagner whose career ended in 1917. And he’s the only one to have had near as many whose career stretched into the 2000’s.
2. Highest Overall Career Batting Average
Tony Gwynn retired in 2001. At that time, his career batting average was .338. There are 30 men to have finished their careers at an average of .330 or higher. Tony Gwynn is the only one whose career ended after 1963. He’s also one of the few to have faced consistent, talented relief pitching.
I think you’re starting to understand how in this Modern Era of baseball, Tony Gwynn was a monster at the plate.
3. (Almost) Finished a season batting .400
A players strike ended the 1994 season while Tony Gwynn was batting .394 and charging towards .400. Hitting .400 over an entire season is the equivalent of hitting 65% of your 3-point in the NBA. The number is so insane there’s a reason no one has done it since Ted Williams in 1941.
4. Top 10 for highest Hall Of Fame induction rates ever
The MLB decides who goes into the Hall Of Fame by giving ballots to sportswriters and other affiliated media. When Gwynn’s name came up, he got in with 97.4% of the vote. He’s 7th overall with only Cal Ripken being the other post-90’s top-10 vote getter, ever.
5. Most All-Star Team Selections
At 15 All-Star selections, Tony Gwynn is tied, again, with Cal Ripken for having the most in a career that stretched into the 2000’s. Cal Ripken had 19, but that doesn’t take away from Gwynn’s accomplishment in the least. You know what did? The fact that his team sucked. As a matter of fact…
6. All twenty seasons in one city
Tony Gwynn was San Diego before LaDanian was even born. Impressive considering the fact that the San Diego Padres were a perennial loser. The closest they game to a championship were two National League Pennants, both earned while Gwynn was there. In fact, they struggled to finish above .500 for most of the Gwynn’s tenure there. Still yet, he stayed and flourished. If ever there was an MLB award for market loyalty, it should be named after Tony Gwynn.
article by Span via urbandaily.com
President Barack Obama plans to sign an order banning discrimination against gay, lesbian, bisexual and transgender employees by companies that do business with the federal government, a long-sought goal of gay rights organizations. After months of calling on Congress to pass a strong anti-discrimination law, Obama told his staff to come up with an executive order banning discrimination by federal contractors, a White House official said Monday.
The measure will prohibit those firms from discriminating based on sexual orientation or gender identity. The move would implement on a limited scale what the White House would like to see Congress pass into law for everyone to follow. “This is consistent with the president’s views that all Americans, LGBT or not, should be treated with dignity and respect,” the official said.
Although several states have laws that ban discrimination against gays in the workplace, many do not. In those states, an employer can legally fire, demote or otherwise discriminate against a worker solely on grounds of sexual orientation.
Gay rights advocates say the executive order could provide employment protections for about 11 million workers who have none. The order comes after years in which the president has called on Congress to pass the Employment Non-Discrimination Act and thereby make it unlawful for any employer to fire or censure a worker based on sexual orientation.
Jimmy Scott, a jazz singer whose distinctively plaintive delivery and unusually high-pitched voice earned him a loyal following and, late in life, a taste of bona fide stardom, died on Thursday at his home in Las Vegas. He was 88.
The cause was cardiac arrest, his wife, Jeanie Scott, said.
Mr. Scott’s career finished on a high note, with steady work from the early 1990s on, as well as a Grammy nomination, glowing reviews and praise from well-known fellow performers like Madonna, who called him “the only singer who makes me cry.” But the first four decades of his career were checkered, with long periods of inactivity and more lows than highs.
After enjoying sporadic success in the 1950s, he had almost none in the 1960s. Albums he recorded for major labels in 1962 and 1969, which might have jump-started his career, were quickly withdrawn from the market when another company claimed to have him under contract. He virtually stopped performing in the 1970s and made no records between 1975 and 1990.
The fact that both men and women considered themselves Mr. Scott’s disciples is not surprising: because of a rare genetic condition called Kallmann syndrome, which caused his body to stop maturing before he reached puberty, Mr. Scott’s voice never changed, and he remained an eerie, androgynous alto his whole life.
Standing 4-foot-11, with a hairless face to match his boyish voice, he was originally billed as Little Jimmy Scott, and he was presented to audiences as a child until well into his 20s. In his mid-30s he unexpectedly grew eight inches taller and, although he otherwise remained physically unchanged, doctors told him an operation might stimulate his hormonal development. He decided against it.
“I was afraid of entering uncharted territory,” Mr. Scott told David Ritz, the author of “Faith in Time: The Life of Jimmy Scott” (2002). “Besides, fooling with my hormones might mean changing my voice. Whatever the problems that came with the deficiency, my voice was the one thing I could count on.”
Mr. Scott’s condition left him incapable of reproduction.
James Victor Scott was born on July 17, 1925, in Cleveland. The third of 10 children, he lived in orphanages and foster homes after his mother was killed in a car accident when he was 13. After singing in local nightclubs for a few years, he went on the road in 1945 with a vaudeville-style show headed by Estella Young, a dancer and contortionist. He moved to New York City in 1947 and joined Lionel Hampton’s band a year later.
His 1950 recording of “Everybody’s Somebody’s Fool” with Hampton set the pattern for his later work. A mournful ballad of love gone wrong, the song was delivered with feverish intensity and idiosyncratic, behind-the-beat phrasing. The record was a hit, but because it was credited on the label simply to “Lionel Hampton, vocal with orchestra,” few people knew that Mr. Scott was the singer.