Monday, November 20, 2017

Supreme Court Hears Pinkney Case


By Philip A. Bassett

In early November, Michigan’s court of last resort finally heard the oral arguments in the
case of Rev. Edward Pinkney. The 69 year old activist, free since June of this year after serving a 30-month sentence, is still pursuing the appeal on moral grounds. It’s been a long road, but he may have a receptive audience this time in the Michigan Supreme Court.

There have been a large number of irregularities in Berrien County’s prosecution of Rev.
Pinkney but the two that attorney Tim Holloway highlighted were the law that was used to
convict the reverend and the prejudicial nature of the prosecution.

The law the prosecution used, it seems, is only a “penalty” provision, which doesn’t spell
out the “elements” of the charges in any clear way. Chief Justice Stephen Markman remarked that it was then a “nothing” and wondered aloud if that discrepancy could, after all this time, be used to charge Pinkney again. Whether the musings of a legal master or a veiled threat, it was a subtle reminder that this is an intricate game of chess, after all, and a good reason for the average person to stay out of court.

Aside from that, most of the justices seemed to regard that section of the legal code as
ponderous and unclear, with Markman commenting that the average person couldn’t be expected to wade “through 700 pages” before circulating a petition. Even the prosecutor admitted that the law was unclear, though he quipped that, “so is the tax code”.

The other thing that had the prosecution in the hot seat was the extensive use of racial
innuendo at the Pinkney trial. It seems the only thing the government could find to put in the
evidence bag was that Rev. Pinkney is an effective, influential black leader who has the audacity to lead marches and hold meetings, and has enough star power to bring Danny Glover to town. In some places that would be okay, but in Berrien County it was enough to scare the hell out of an all-white jury.

Supreme Court Justice David Viviano spoke at length to the prosecutor, saying he had
read the transcript and was surprised to find so many references to seemingly innocent activities submitted as evidence. He even asked if the prosecutor thought these references might be seen as “prejudicial”. Justices Bernstein and Wilder also raised concerns. The prosecutor, for his part, fielded the questions calmly and easily. You might have thought he was talking about his golf game, rather than two and a half years of a man’s life.

Of the other justices, Zahra seemed non-committal and McCormack was silent
throughout the proceeding. The seventh justice, Jane Larsen, was absent. I talked to Rev. Pinkney right after the hearing. It’s amazing how tall he stands after being dragged down by Berrien County’s brand of justice and spending two and a half years in the hell called prison. He told me that Justice Larsen had been promoted, reducing the panel to six people and creating the possibility of a 3-3 tie. Furthermore, he said, that if the votes of the remaining six ended in a deadlock, that would mean a loss for him.

That seemed like an unacceptable ending for such a long fight, so a few days later I called
the court clerk’s office. The woman who answered confirmed that, yes, there could be a tie and that it was all dealt with in the Constitution. She explained that, first of all, a tie was “extremely rare” (there normally being seven judges) and that it could only happen under “extraordinary circumstances”. I couldn’t help thinking that, for most people, a promotion would come under the heading of “ordinary”.

Perhaps sensing the worry in my voice, she went on to assure me that the judges “don’t
want a tie” anyway and stressed again that ties were extremely rare. In other words, a gray area. I got off the phone with a little better idea of how Berrien County has been getting away with their shenanigans for so long. It seems our laws are deliberately kept vague so they can be bent, as needed. Referring to the law that convicted Rev. Pinkney, “vague” doesn’t even begin to describe it, and the judges know it.

So the court now has three options.

They could take the high road and grant the appeal. Unfortunately, this road is seldom
used by the judiciary nowadays, large swaths of it having been removed from the state. (Some say it is totally inaccessible in Berrien County.) Still, they might throw Rev. Pinkney a bone, since he has already served his sentence and they wouldn’t, in effect, be giving him anything.

They could take the low road, requiring no course change from the route taken since the
inception of this case. It’s a sad day in the United States when a man can be locked up for two and a half years over five dates that were supposedly changed in a petition drive he was involved with. That his appeal was denied at the appellate level is staggering; a denial at this level would be monstrous—enough to send shivers up the spine of anyone who has ever circulated a petition.

The third choice is the no-road, or a tie, and since this option is currently available, it will
likely be used. There are several advantages to this course: the court doesn’t have to align itself with the Berrien County court house, which, to my knowledge, has the worst reputation in the state; they don’t have to give in to Pinkney, who, it is said, thinks well of himself; they avoid any controversy because they just couldn’t help it; and, finally, it fulfills their role as chief obfuscators of last resort, assuring no real progress toward a level playing field in Michigan.

However, even the third choice has its problems. American faith in the judiciary, and law
enforcement in general, is waning. The average person is becoming aware of government tactics and the amount of lies made by officials in court rooms. This epiphany might be compared to the exposure of pedophile priests in the Catholic Church—it will only get worse, and when people begin to feel the brunt of it, our judicial system will be shaken to the core. We may even be coming to a time when wearing a black robe will be seen as a sign of shame. But that is probably a ways off yet.

In the meantime, to be fair, the current crew in the Supreme Court did show some
promise; maybe they’ll do the right thing. We’ll see.

Philip A. Bassett is the author of Soldier of Truth: The Trials of Rev. Edward Pinkney

Friday, November 17, 2017

The Three Blind Mice Court of Appeal Judges, O'Brien, Kelly, Fort Hood must go...

 The American Criminal Justice System, a system where justice is totally absent. There is no such thing as justice in America for people of color. The Lady with the scales of justice is imbalanced especially against people of color. We must continue to fight against this grave imbalanced to ensure a humane and just future for all people. We must demand that justice is served.

The Three Blind Mice on Michigan Court of Appeals, should have reversed this conviction for four reasons. I will give you a couple of reasons. The most important reason, I argued that this conviction must be reversed is because MCL 168. 937 does not create the substantive offence of election forgery. Second, I argue that this conviction must be reversed because the prosecutor presented no evidence to support his conviction, absolutely no evidence that Rev Pinkney committed any crime. Rev Pinkney was right on point. There was absolutely no evidence to convict him.

The Three Blind Mice stated Rev Pinkney was the leader so he must have done it, if he did not do it he told somebody to forge the recall petition. This is ridiculous. The prosecutor presented absolutely no evidence to support convicting Rev Pinkney. The jury was motivated by something other than the truth; if the jury was honest it would have found Rev Pinkney not guilty.

Rev Pinkney additionally argued on Appeal to the Three Blind Mice judges, that his conviction must be reversed, because the trial court erroneously instructed the jury that it could convict Rev Pinkney under an aiding and abetting theory. The Three Blind Mice, O Brien, Kelly and Fort-Hood all disagree with Rev Pinkney you could see the corruption on their face.

Finally, Rev Pinkney argues that his conviction must be reversed, because other evidence introduced was Rev Pinkney bringing Danny Glover, Jeremiah Wright, Cynthia McKinney, Jessie Jackson and several others. The prosecutor even mention BANCO; what does that have to do with forgery on a recall petition? This violation of MRE 404(B) his constitutional right to free speech and his constitutional right to due process was violated.

The Three Blind Mice, Obrien, Kelly, Fort-Hood were legislating from the bench. You can not legislate from the bench. The communities all around the state of Michigan are sick and tired of the Michigan Court of Appeal Court. We must remove all these bad apples and there are a lot of them. We must demand justice be served for all the people and not just a select few. We must remove the Three Blind Mice from office. Let's vote them out.  

Rev. Edward Pinkney

Saturday, November 11, 2017

Whirlpool Corp. would NEVER allow a fair-minded atty. like this anywhere near Berrien County, Michigan

Screen shot 2017 11 08 at 2.04.43 pm
Larry Krasner
Open thread for night owls: In Philly D.A. race, 'completely unelectable' leftist Krasner elected
Nyle Fort at In These Times interviewed Larry Krasner, who won election as Philadelphia’s new district attorney Tuesday. Here’s an excerpt:
Larry Krasner ran as arguably the most progressive District Attorney candidate in the country. In May, he sent shockwaves throughout the Pennsylvania political establishment after winning the Philadelphia Democratic primary. And last night he defeated his Republic opponent Beth Grossman by more than 40 points in the general election to become Philly’s next DA—part of a broader wave of progressives elected to office.



In These Times spoke to Krasner about the significance of his campaign for local and national politics.
Your campaign website states, “The culture of the Philadelphia DA’s office must change” What exactly must change?
This is a culture that has been focused on trying to bring as many cases against as many defendants as possible, which basically means poor people, as possible. We have one public school after another closing in Philadelphia but we’ve got oh so many prison cells. The reality is that good public education prevents crime. Good drug treatment prevents crime. Good job training prevents crime. Good economic development and availability of jobs, prevents crime. But building more and more jail cells causes the cycle of poverty, it causes crime
How do you understand the relationship between street violence and the institutionalized violence of poverty?
Violence is defined narrowly in terms of people getting hurt on the street by being robbed, by being shot. It is also defined broadly in terms of the trauma that people suffer when they are poor, when they have no hope, etc. How is it related? We know that people who have been traumatized, people who have been neglected, people who have moved 50 times during their childhood because no one could ever afford the rent, tend to end up in jail. We have accepted a prevention model in public health a long time ago and we need to be willing to make that small shift and accept that in the realm of criminal justice.
You sued the Philadelphia Police Department 75 times. As District Attorney how will you hold police accountable?
Number one, you could stop treating them as if they are entitled to different treatment. It’s really not that complicated to treat rich people and poor people and famous people and unfamous people and people who wear uniforms and people who don’t the same. [...]
https://m.dailykos.com/stories/1713952

Rev Edward Pinkney goes to the Michigan Supreme Court to enforce the Constitution and Berrien County prosecutor Aaron Mead got a Butt Whipping!

 It was a very exciting day for the people of the State of Michigan. On November 7, 2017, I went to the Michigan Supreme Court to enforce the constitution. The Michigan Supreme Court hammered Berrien Court prosecutor Aaron Mead. It was a beat down. He could not answer any questions concerning Michigan State law 168.937. I mean it was a real Butt Whipping. They wanted to know where does Berrien County draw the line.

The problem is the Michigan Supreme Court normally rules in favor of the prosecutor to protect the corruption that exists inside of the courtrooms in Michigan, even when the evidence is not there to rule in favor of the prosecutor. The Michigan Supreme Court normally does it anyway, but Aaron Mead got a butt spanking inside the Michigan Supreme Court.

I have already completed 30 months in prison for a crime I, nor anybody else I know committed. There was no crime and there is no such law as forgery on a recall petition under MCL168.937.

The Court is looking at whether a law used to charge me with forgery of election documents is a crime and a penalty, it can not be both. It has to be one or the other. The issue is whether the court will be able to use the power of the constitution to their advantage and change the meaning of the law to help the prosecutor.

The statutory or contractual language in the law must be enforced according to his plain meaning and cannot be judicially revised or amended to harmonize with the prevailing policy of the Berrien County courts. The constitution forbids this action.

Any judicial revision or amendment of the plain language of a law involves a court impermissibly legislating from the bench and the law does not allow it, The Supreme Court judges must function within their constitutional responsibility to act in accordance with its system of separation of powers, by exercising only the judicial power. If the legislature wishes to provide that forgery of additional election code documents can be prosecuted, it must provide for this with pain language in a statute. Doing otherwise is the role of the legislature and not the role of Berrien County Courts.

Let the truth be told. The structure of the election code must be read in a manner with each of these penalty provisions, applying only when some other section of the code proscribes forgery, perjury, or other crimes.

It is presumed that the legislature had knowledge of MCL 168.937, the law in which I was charged. When it added language proscribing forgery from another law, MCL168.759. It is well-established principle that the legislature is presumed to be aware of all existing statutes when enacting new laws. if the legislature deemed another law, MCL168.937 as providing for felony liability for forgery of any and all election code documents, there would have been no need to add the provision in MCL 168.759. Particularly important here is the rule of the Black Law Dictionary that states that legislature generally does not cover the same ground in separate statutes.

Any claim that MCL168.937 creates substantive crimes, based on forgery of any and all election-related documents by any person renders other section of the election code prohibit forgery as surplus, contrary to Michigan law. I have stated for many years that MCL 168.937 was a penalty and did not create substantive crime.

The prosecutor Mike Sepic violated the Michigan Rules of Evidence, with the help of Judge Sterling Schrock. The Michigan Constitution, The U.S. First Amendment, and due process were violated by the judge and the prosecutor by introducing evidence of Rev Pinkney's speech, political activities, community activities, his radio show, Rev Pinkney bringing Danny Glove, Jessie Jackson, Jeremiah Wright, and others to Benton Harbor.

The prosecutor also asked at least one witnesses in its case whether Rev Pinkney participated in a radio program. The prosecutor asked Rev Pinkney, what does this have to do with Rev Pinkney changing dates on a recall petition, was Rev Pinkney involved with Ed Billing of Colorado a political cartoon expert. Rev Pinkney was asked whether he has been on Internet radio show program Pete Santilli. Rev Pinkney was asked about the BANCO website.

The First Amendment to the Michigan Constitution and MRE 403 were violated, Due process was violated.

The Supreme Court hearing was an opportunity to get this injustice right. and to check the all-white jury which was motivated by something other than the truth, hand picked of Gail Freehling, Jill Olsen, David Dill, Catherine Roamer of Lake Shore High School  Judge Sterling Schrock's friend), Carolyn Davis, Carlia Witz, Allen Prysky, Scott Rose. and four others, all got it wrong.

We must confront injustice with truth and speak truth to power. The Judge Sterling Schrock and Prosecutor Mike Sepic and the jury should be tried for Crimes against Humanity.        

Rev Edward Pinkney

Wednesday, November 08, 2017

Major victory for the people!


 It was a MAJOR victory for the people. The struggle that has taken place in recent years in Benton Harbor is a case in point and one that holds a number of lessons for the American people.

The residents of Benton Harbor voted to approve a city income tax. on Tuesday, November 7, 2017. The Benton Harbor residents voted for a city income tax by 21 votes. It should have been by 5,000 votes.The total was 511 to 490 votes.

City Commissioner Mary Alice Adam said, "It is a blessing that I can get up in the morning and be joyful about getting some of our streets repaired in the near future." The city commissioners passed a resolution in July 2017, stating that all money from the city income tax will go to repair roads.

In 2013 Benton Harbor residents proposed that city enact by referendum a 1 percent income tax aimed at all businesses, especially Whirlpool Corporation who pay no taxes, to solve the city of Benton Harbor financial problem. Whirlpool and former Mayor James Hightower, a puppet for Whirlpool Corporation, worked hard to defeat the measure through a massive disinformation campaign.

This launched a massive effort to recall the puppet Mayor James Hightower for supporting Whirlpool rather than the residents of Benton Harbor. We gathered, more than the required number of signatures to force a recall election and turned them into the most corrupt county clerk in the country, Sharon Tyler, who verified the signatures to be enough; we had more than enough to go forward.

Former Mayor James Hightower and Whirlpool went to work to stop the recall election and to have me arrested for forgery.The election was stopped, I was arrested, but the very next year James Hightower lost the election by a landslide.

These are major victories for the city of Benton Harbor, winning both the election of the former Mayor James Hightower and the winning the election for the income tax. In back to back years. the city of Benton Harbor is ready to go the next level.

The residents of Benton Harbor deserve as many victories as possible, let make this happen.    
 
Rev Edward Pinkney

Wednesday, November 01, 2017

Berrien County white, Doctor charged with 10 felonies, no jail, no prison nothing. Only in America!

This is the story of a St Joseph, Michigan doctor, a podiatrist charged with 10 felony counts, five counts of diverting opioids and five counts of health care fraud. Delivery of one of the strongest narcotics on the market, if convicted would result in 20 years per charge, which would give the doctor over a hundred years in prison. The doctor was running a drug ring inside the county.

Dr. Craig Sherwood pleaded no contest on Thursday to only ten felony counts, when it could be over two hundred charges. Dr. Sherwood wrote prescriptions between 2014 to 2016 in the name of his family members, who were not his patients. He also wrote opioid prescriptions for his patients and encouraged them to bring back any unused portion. Most were paid by private insurance companies. He is one of the scums of the earth. 

Berrien County Prosecutor Mike Sepic told WSJM News he will not seek incarceration. Mike Sepic has a long history of protecting the white residents of Berrien County.

Former County Commissioner Robert Wooley stole almost a million dollar, committed forgery for seven years from 4 different accounts and filed a false audit. He was never charged with forgery, only because he is white. This is how one white supremacist protects another white supremacist in Berrien County.

The Berrien County Sheriff Department aided police officer Andrew Collins in planting drugs on more than 300 citizens of Benton Harbor. The Sheriff Department deputies trained Collins on how to plant the drugs, write a false report and get a warrant from the judge. Berrien County Sheriff Department, Berrien County Prosecutor office, and Berrien County judges were all in on the corruption.

Former Police Officer Andrew Collins told it all. He would not have gotten caught had he not beaten a white man in St Joseph, Michigan. The scales of Lady Justice are imbalanced especially against people of color. We must continue to fight against this grave imbalanced to ensure a humane just future for all people.

For the homeless, for the poverty-stricken, for the weary, all across our country, we must demand that justice is served for all people.  
 
Rev Edward Pinkney
 

Wednesday, October 25, 2017

Happy Birthday, Rev. Pinkney!!!

On Monday, friends celebrated Rev. Pinkney's birthday with him and with Mrs. Dorothy Pinkney in Detroit. We are so grateful for all your work on behalf of the people, and we're also grateful for your health and your freedom!



Rev. and Mrs. Pinkney

Saturday, October 14, 2017

The Blind Obedience To a Corrupt Berrien County System Has No Consequences

The blind obedience and the injustice inside of a corrupt system have no consequences in Berrien County. White privilege, law enforcement, the good ole boy system really work in Berrien County. There is no such thing as justice.The lady with the scales of justice no longer exists in Berrien County.

Keegan Oscar Trail, a former sheriff deputy, was forced to resign before he could be arrested and fired. He was allowed to resign before, he could be arrested for improper relationship with a jail inmate and solicitation of a prostitute.

Keegan Trail said, "I resigned because I was upset. I had just been told of my improper relationship with several inmates from the Berrien County jail (Amber Green and Amber Slaughter)." Deputy Trail said, "They gave me no details, of what it was, but I already knew, and they told me a detective would be calling me." I said, "why can't I know now?" He already knew what it was. "That was it, I walked out, I walked out the meeting on administrative leave, for soliciting sex from a prostitute, approximately one hour later. I was so upset, that the sheriff department would come after a sheriff deputy for soliciting sex from a prostitute, a former inmate, and for having sex pictures of an inmate on my cell phone, of Amber Green. I resigned."

Then attorney Marienfeld asked, Keegan Trail "did you ever communicate with Amber Green?" The answer was yes. "How did it come about that you were exchanging messages with Amber Green. "Did you initiate the contact or did she?" Keegan said, "it was me. I picked her up at her home and took her to my home and had sex with the former inmate and took nude pictures with my cell phone." Manienfeld, "But you were a sheriff deputy." "yes..."

Attorney Marienfld said, "I want to switch to Amber Slaughter. Did you know Amber Slaughter when she was an inmate in Berrien County?" "Yes," Keegan Trail.  Did you have sexual intercourse with Amber Slaughter? Keegan Tail, "Yes." The attorney asked Keegan Trail, "Did you initiate plan- did you initiate the text message to meet Amber Slaughter at the Red Roof Inn motel?" Mr. Trail said, yes. Mr. Trail was asked, "Do you recall discussing paying money for sex?" Keegan Trail said yes. She asked, "how much did you have?"  "I believe I said sixty." Attorney, "So you paid sixty dollars for sex?" yes...

Mr.Keegan Oscar Trail was convicted of soliciting sex with a prostitute and given a promotion. He is now with the Berrien County Road Commission. He is still on the Berrien County payroll. He was promoted for initiating contact with female jail inmates and having sex. We do not know how many women may be involved, He should not be working for the county and paid with our tax dollars.

There had long been suspicions that the sheriff department was dirty, had dirty hands with plenty of evidence to support it. There is a problem in this Berrien County, with Bill Wolf running the good ole boy system of corrupt politics.   
Rev. Edward Pinkney