Rev. Pinkney Arrested AGAIN, supporters: Lynn Stewart, Voice Of Detroit, EXPOSED,

Mass Demonstration against Voter Suppression in Benton Harbor

Voter suppression led by Whirlpool Corporation and Berrien County Sheriff Department. Protest all injustices being forced on our town, your town and all around the country! It is not one thing it is everything. The murder of Benton Harbor residents, gentrification by Whirlpool, Governor Snyder’s Emergency Manager dictatorship. Find it on the ActivateHub community calendar!

May 24, 2014 11:00am - City Hall, 200 Wall St., Benton Harbor, MI, 49022 (11:30am - press conference)


Thursday, June 30, 2005

DESPITE ETHICAL CONCERN, BERRIEN COUNTY PROSECUTOR REFUSED TO STEP

A Berrien County Assistant Prosecutor will remain as prosecutor of a case in which he obtained and read the strategy paper the defendant and his lawyer had prepared. Assistant prosecutor Jeff Taylor will be allowed to continue to prosecute the case.

Concerns arose when Taylor disclosed he had obtained a copy of the entire legal strategy Dr. Renney and his lawyer, Frank Stanley of Grand Rapids, had planned on using. Taylor admitted to Stanley he had read the strategy and discussed it with two office workers.

Dr. Renney of Stevensville consulted with another attorney, Phil Stoffan, at the request of Judge Wiley, because prosecutor Taylor will not be removed from this case. Dr. Renney and Phil Stoffan came to the conclusion that terminating Stanley at this point would be of no benefit.

Dr. Renney stated he agreed because "my defense and strategy is base on the truth and facts. If I was guilty I could just fire my lawyer and get a new one and work out a different strategy, but the truth is the truth. There is no way to create something different out of it."

Dr. Renney and his lawyers have not yet reached a decision regarding charging the false witnesses who are supposed to testify against him with violation of mcl 750,411a false report of a crime. The law states that if the report is a false report of a felony, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. The law became effective May 20 2004.

This is how Berrien County courthouse does business.

Tuesday, June 28, 2005

Letter to Amnesty International USA

This is the text of a letter that a supporter sent to AIUSA in Chicago, explaining why Rev. Pinkney's case is a human rights concern:

I want to alert AIUSA of a case that may be of interest to you. I understand that AIUSA is limited in the number and type of cases you can take on, but I hope that you can take a moment to learn about this one. I believe that an activist and civil rights leader is at risk of being framed on false charges, being denied a fair trial, being imprisoned for his political activism rather than valid charges, and facing mistreatment in prison.

The case concerns Rev. Edward Pinkney of Benton Harbor, Michigan. I don't know how familiar you are with Benton Harbor. Visiting there is like stepping back into the pre-civil rights era. There is an extreme racial and economic division between Benton Harbor (95% black, over 50% real unemployment) and neighboring St. Joseph (95% white, 2% unemployment) and an imbalance of power. Frustration with injustices there have sparked periodic race riots over many decades.

Rev. Pinkney has been the most vocal critic of the county's police and judicial systems. He has long maintained that the system is extremely racially biased and politically corrupt. For five years (until January 2005), he maintained a daily vigil at the courthouse, witnessing court whenever it was in session. He organized a weekly march on the courthouse in St. Joseph with local citizens. He founded a community group (BANCO) to organize around these concerns. After the nationally-publicized riots of June 2003 (provoked by an incident involving a police chase and the death of a local black man), Rev. Pinkney and BANCO organized a mass protest march and worked to draw outside attention to not only the issue of police brutality (already well-publicized), but also the racial bias in the judicial system. The history of this struggle can be reviewed in the press releases at BANCO's Web site: http://bhbanco.blogspot.com

In February, BANCO led a successful election to recall a city commissioner (Glen Yarbrough) who supported the former police chief (Sam Harris, who recently resigned in the face of dozens of citizen complaints of police brutality and sexual harassment). In April, the recall vote was overturned and Rev. Pinkney was arrested and charged with four felonies and a misdemeanor, alleging his involvement in alleged election fraud. To date, at least two witnesses have submitted testimony that suggests that Rev. Pinkney is being framed and that the allegations of fraud are false (see here). In light of this testimony, supporters believe the charges should have already been dropped and the recall vote restored.

There is a valid concern that Rev. Pinkney cannot get a fair trial, fair sentencing, or fair treatment in the county where he has been the foremost watchdog and critic of the county’s judges, prosecutors, defenders, police, and politicians. Last week, Judge Paul Maloney denied a motion to disqualify himself and other local judges from hearing Rev. Pinkney’s case. Judge Maloney claimed that he never noticed his own name and the names of the county’s other judges on the signs of BANCO protesters outside the courthouse or on the T-shirt worn by BANCO members. This claim is not very credible and already suggests that Rev. Pinkney will not receive a fair trial from Judge Maloney. The denial of the motion will be appealed.

Raising the profile of this case regionally and nationally would increase the likelihood of a fair trial by a less-biased judge from outside the county. If Rev. Pinkney is sent to prison in Berrien County, I believe it will be because of his political activism. My fear is that in prison he would be in physical danger. Allegations of abuse in the county’s prison are many and longstanding and a resident reported being told by a policeman after the Reverend's arrest: "Your voice in this town is gone. Pinkney won't last long in jail." I think these are the sort of human rights abuses that AI has addressed very successfully abroad. Now we're in danger of it happening in our own backyard.

Please consider taking on Rev. Pinkney's case. If that is not possible at this time, please consider at least tracking it as the case goes to trial. There is further background information at BANCO's Web site (see here). You can also contact me or Rev. Pinkney at 269-925-0001 or banco9342@sbcglobal.net.

Thank you very much for your time and attention.

Help request investigation of prosecutor Cherry

A simple act could make a big difference for Benton Harbor.

Please send a postcard or letter to:
The Attorney Grievance Commission
243 W. Congress
Detroit, Mi 48226

Request a complete investigation into the activities of Berrien County prosecutor James Cherry during and in relation to the recall election trial, April 12, 13, 14, 2005. The concern is whether Atty. Cherry fabricated evidence. I have mailed materials to the commission, so it's ready to be investigated.

All that's needed is:
1 - your name and address,
2 - James Cherry, 811 Port St., St. Joseph, MI 49085
3 - what your request is with as little (one sentence) or as much detail as you wish.

THANK YOU! THANK YOU! THANK YOU!

Next Community Forum Sat. July 30, 1pm
Benton Harbor Public Library
215 Wall Street. Take I-94 to exit 33,
about 5 lights turn left on Pipestone, go one block.

-Rev. Pinkney

Rally a Success!

Over 50 people gathered inside the Benton Harbor Library, where air conditioning helped cool down the already hot supporters of justice in Benton Harbor. Folks were from all over Michigan: Detroit, Lansing, East Lansing, Albion, Flint, Ann Arbor; also from Chicago, Illinois and New York City.



More images.

Friday, June 24, 2005

Judge Maloney's claim that he never knew Rev. Pinkney publicly criticized him is not at all credible.

Rev. Pinkney and BANCO's criticism of the Berrien County justice system has been well-publicized. Just one example is this report from WNDU-16 on 6/24/03:

http://www.wndu.com/news/062003/news_20516.php

'Reverend Edward Pinkney, the leader of BANCO, says, "We want the justice department to not only look into the police department but we also want them to look into the Berrien County courthouse because we believe the Berrien County courthouse is the root of the problems."

Racially biased?

Reverend Pinkney says sentencing is racially biased. "One particular group of people, the African Americans, usually gets the maximum amount of time a judge can give them. And usually if you're Caucasian or white you get the least amount that's available to you."

Along with others calling for investigations into local police, BANCO wants a committee to oversee complaints about Berrien County judges.'

via thecomments

RACIST JUDGE PAUL MALONEY DENIES MOTION

RACIST JUDGE PAUL MALONEY DENIED A MOTION TO DISQUALIFY HIMSELF AND ALL BERRIEN COUNTY JUDGES.

JUDGE PAUL MALONEY STATED IN OPEN COURT THAT HE DID NOT KNOW HIS NAME WAS ON ANY OF REV. PINKNEY'S SIGNS. REV PINKNEY MARCHED IN FRONT OF THE BERRIEN COUNTY COURTHOUSE FOR OVER FIVE YEARS AND WORE THE FAMED T-SHIRT LABELED "BENTON HARBOR'S MOST WANTED--WANTED FOR CRIMES AGAINST HUMANITY." JUDGE PAUL MALONEY'S NAME WAS PLACED ON THE T- SHIRT. (see T-shirt image on right)

I WANT TO TELL THE WORLD THAT JUDGE PAUL MALONEY IS A LIAR, RACIST AND BIASED TOWARD THE RESIDENTS OF BENTON HARBOR.

WAKE UP, WAKE UP, YOU SLEEPY HEADS. THEY GET AWAY WITH WHAT THEY DO ONLY BECAUSE WE FAIL TO CALL THEM ON THEIR LIES AND EVIL. TO OVERCOME THE PROBLEM, WE MUST CONFRONT THE PROBLEM FACE TO FACE. IT IS FAIR TO SAY THEY ARE IN POWER BECAUSE WE ARE NOT YET EMPOWERED.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Post by REV PINKNEY

Sunday, June 19, 2005

Observers and funds needed

from Rev. Edward Pinkney, 925-269-0001


Since the request to disqualify all Berrien County judges from my trial was
denied, my appeal will be heard this Wednesday -- by chief Judge Maloney.

Witnesses are needed to observe the proceedings since this court has a
history of falsifying records. (Not to mention that this court jails more
African-Americans per capita - and the sentences are longer - than possibly
anywhere in the US.) Please attend if at all possible.

Wed. June 22, 1:30pm
Berrien County Courthouse
811 Port St.
St. Joseph, MI
I-94, exit 33


Send tax-deductible donations for atty. fees to
BANCO
1940 Union St.
Benton Harbor, MI 49022
(desperately needed)

(editor note, or click the paypal button)

Thursday, June 16, 2005

RACIST JUDGE TO HEAR PINKNEY MOTION TO DISQUALIFY ALL BERRIEN JUDGES

ON JUNE 22, 2005 AT 1:30 PM REV. EDWARD PINKNEY WILL GO BEFORE JUDGE PAUL MALONEY ON A MOTION TO DISQUALIFY ALL OF BERRIEN COUNTY JUDGES. AN ON GOING AND WIDELY PUBLICIZED POLITICAL DISAGREEMENT BETWEEN THE DEFENDANT, REV. PINKNEY AND VARIOUS JUDGES OF THE BERRIEN COUNTY COURT

JUDGE PAUL MALONEY DENIES MOTION FOR RECONSIDERATION

Paul Maloney, trial judge presiding, stated by order on May 20, 2005, the court directed the prosecuting attorney to answer defendant Nesbitt’s motion for reconsideration as it related to an assertion that the prosecutor lacked standing to initiate this cause of action for quo warranto. The prosecutor has filed a timely response. This court has chosen to resolve this motion without oral argument.

After consideration of the pleadings and authorities cited, the court denies defendant’s motion finding that the prosecutor had standing to pursue this litigation.

In his complaint, the prosecuting attorney invoked the election codes mcl 168.861 and mcr 3.306 as the basis for his filing. Defendant responded with a motion of summary disposition and an answer. In neither pleading did defendant Nesbitt raise the legal issue of the prosecutor’s legal capacity to sue. Such a motion filed pursuant to mcr 2.116 either in her responsive pleading or in a motion filed prior there to. She did neither.

The court recognized that the defendant categorizes this motion as a subject matter jurisdiction issue. The key distinction from capacity to sue being that the former may be raised as previously indicated. However, the circuit court clearly has jurisdiction over que warranto actions of this kind. The judge waived her right to assert capacity to sue by failing to comply with the court rule. Assuming arguendo that waiver has not occurred, the defendant’s argument failed on the merits also. A plain reading of mcl 168.
861 manifestly sanctions the initiation of a que warranto action for fraudulent or illegal voting. Defendants seek to engraft the subsequent reference to tampering with the ballots and the board of canvassers to the first preposition phrase of the statue.
That strained reading, of course, ignores the disjunctive or between the word voting and tampering. This court interprets the plain meaning of the statue to affirm the remedy of que warranto for fraudulent or illegal voting. The remaining question is whether the prosecuting attorney is the proper party to bring an action. Clearly, he has such capacity to sue
having established the availability of que warranto for fraudulent or illegal voting, an action not delineated in mcr3.306. The prosecutor may bring this action pursant of the court rule this cause is an other action which may be brought by the prosecuting attorney

defendant motion for reconsideration is denied.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Post by REV PINKNEY
0 comments   

Wednesday, June 15, 2005

Benton Harbor Police Chief Resigns Under Pressure

Earlier this week, Benton Harbor police chief Sam Harris was forced to resign. Sam Harris’s resignation was accepted. Police captain Al Mingo will take over in Benton Harbor later this summer. Sam Harris failed to build a solid foundation. New chief Al Mingo compares the situation in Benton Harbor now to the civil rights movement of the late 60’s. He said residents need to speak up and take back their community.

Mingo said, "We are moving forward with this and we are going to have to have that same type of attitude(Harris's)take place in Benton Harbor. We see the city actually bouncing back."

Enough is enough! Sam Harris was forced out - Mingo, we will force you out if you do not stop the police brutality in our community .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Post by REV PINKNEY
0 comments   

Tuesday, June 07, 2005

Email Update

From Rev. Edward Pinkney, 269-925-0001, anytime
http://BHBanco.blogspot.com (new website - interactive weblog)

1. Benton Harbor Mass Demonstration
June 25, 12 NOON
BH Public Library
213 Wall St.

2. Donations needed for attorney fees (tax deductible)
T-Shirt (Benton Harbor Most Wanted) will be mailed to you for a donation of $20.00 or more:

BANCO
1940 Union St.
Benton Harbor, MI 49022

For tax deductions write 'legal defense' in the memo field.

3. After I was arrested on April 18 (released on bail the next day), the BH police made a concerted effort to scare BH residents. The following are quotes from police as reported by residents:
"How much were you paid by Rev. Pinkney to vote?"
"We've arrested Pinkney. You and your group are next."
"Banco is no more - Pinkney is in jail."
"Your voice in this town is gone. Pinkney won't last long in jail."

4. The following is the legal motion to have all the judges in Berrien county disqualified from hearing my case, including the chief judge of Berrien county, who is also on the list to be dismissed. The Chief Judge of the county would normally decide whether to disqualify judges from hearing a case. I am asking that the Berrien County Chief Judge (MaLoney) request the Administrator of the Michigan Supreme Court to appoint a judge from outside of Berrien County to make a decision on whether the Berrien County judges should or should not hear my case.

PINKNEY FILES MOTION TO DISQUALIFY ALL BERRIEN COUNTY JUDGES NOW COME DEFENDANT EDWARD PINKNEY, BY HIS ATTORNEY TAT PARISH, AND RESPECTFULLY REQUESTS THAT RECONSIDERATION BE GIVEN UNDER MCR 2003 OF DEFENDANT MOTION TO DISQUALIFY ALL JUDGES OF THE BERRIEN COUNTY TRIAL COURT. IT IS REQUESTED THAT SUCH RECONSIDERATION BE de novo.

IT IS FURTHER REQUESTED THAT RECONSIDERATION BE GIVEN BY A JUDGE WHO SHOULD PROPERLY HEAR THE MATTER.THAT WOULD NORMALLY BE THE CHIEF JUDGE OF THE COUNTY TRIAL COURT. HOWEVER,IT IS NOTED THAT THE CHIEF JUDGE OF THE BERRIEN COUNTY TRAIL COURT IS ONE OF THE JUDGES FOR WHOM DISQUALIFICATION IS SOUGHT AND IT IS RESPECTFULLY REQUESTED THAT HE RECUSE HIMSELF FROM SAID RECONSIDERATION AND THAT A REQUEST BE MADE THAT THE STATE SUPREME COURT ADMINISTRATORS OFFICE APPOINT A JUDGE OUTSIDE OF BERRIEN COUNTY TO HEAR SAID RECONSIDERATION. REGARDLESS OF WHICH JUDGE HEARS IT, RECONSIDERATION IS REQUESTED UNDER SAID RULE .

IT IS REQUESTED THAT REV EDWARD PINKNEY BE NOTIFIED AS SOON AS POSSIBLE AS TO WHICH JUDGE WILL HEAR THE MOTION SO THAT THIS MOTION CAN BE NOTICED FOR HEARING.

Monday, June 06, 2005

city commissioner busted with drugs

city commissioner glen yarbrough, a known drug addicted was busted over the weekend by the state police, but was not taken to jail because he is a city commissioner. when do it stop, when will the governor step in and say no more, the city of benton harbor need your help.

sam harris benton harbor chief believe he is above the law

assault with a dangerous weapon on halo washington, accessory after the fact. assault on quacy robert by police chief sam harris for no reason. assault with a dangerous weapon on troy mc clinton accessory after the fact. police officer travis andrews filed a false police report. chief sam harris knew all about it, accessory after the fact. police officer chris able states that sean echols was seated on the couch in hand cuff when police officer takemoto entered the resident and begin to pistol whipping sean echols for no reason. nothing was done about this attack. all police officer including the chief must be certified to carry a weapon. on two occasions sam harris was not certified to carry a gun or fire a weapon, but he fired a weapon twice. former police officer dennie brown received a berrien county subpoean in a criminal manner involving former police officer raynard shurn. sam harris stated he would fire dennie brown, if he testify and told the truth. an elderly lady inside benton harbor police station was being question about her son, the police terrified her to the point she urinated on herself. no action was taken.

a young man was driving to get food for his family, was stopped by benton harbor police and the police officer forced him to take out his penis as well as his friend. mr bragg was walking stopped by the police and one of the police officers started to attack him, he kept slamming his head on the hood of the car for no reason.

police officers attacking blacks and harassing blacks is called keeping all blacks in line. chief sam harris protects his drug addicted and his drug dealing friend.

Saturday, June 04, 2005

Get a t-shirt!

Donations: needed for attorney fees (tax deductible)

The t-shirt (Benton Harbor's Most Wanted) will be mailed to you for a donation of $20.00 or more:

BANCO
1940 Union St.
Benton Harbor, MI 49022

Made payable to BANCO – write 'legal defense' in the memo field.




View the t-shirt: Front, Back and Side

Friday, June 03, 2005

mass demonstration on june 25 2005

banco / black autonomy network community organization voter rights activst, justice activist, police brutility activist facing trial for vote fraud. we are planning a mass rally on june 25 2005 in front of city hall and the benton harbor library. this is an effort to intimidate all voters in america curtain your political influence, to take over your voting rights, to say your vote do not count, to say your vote mean nothing. so we are having a mass demonstration, in benton harbor, michigan at noon. jimmy carter will be in town on that day. this will be the day we all can show power.

address 215 wall st benton harbor, mi exit at exit 33 coming from detroit, coming from chicago exit at 28. for more information call rev pinkney at 1-269-925-0001

Thursday, June 02, 2005

judge set aside election in benton harbor mi

REV PINKNEY, ASK DOES A PROSECUTOR HAVE STANDING TO FILE A WRIT FOR QUO WARRANTO UNDER MICHIGAN ELECTION LAW MCL 168.861, DEALING WITH A PETITION FOR RE COUNT BY A CANDIDATE OR A QUALIFIED AND REGISTERED ELECTOR.

THE CITY OF BENTON HARBOR A PUBLIC CORPORATION, REQUIRING THAT A WRIT FOR QUO WARRANTO BE BROUGHT BY THE ATTORNEY GENERAL OR A PRIVATE PARTY.

DO THE MICHIGAN ELECTION LAW RE COUNT PROVISION ALLOW AN ELECTION TO BE SET ASIDE, WHEN THE YES VOTES WON BY A 51 VOTE MARGIN. AND THE PLAINTIFF CAN ONLY PROVE A MAXIMUM OF 5 TAINTED VOTES.

BENTON HARBOR ELECTION SET ASIDE BY BERRIEN COUNTY JUDGE,

THERE ARE PALPABLE ERRORS BY WHICH THE COURT HAVE BEEN MISLED.
THE PROSECUTOR FILED HIS COMPLAINT, BASED ON MCL 168.861 THE PROSECUTOR IS NOT AUTHORIZED TO INTERVENE UNDER MICHIGAN LAW.

rev pinkney request for reconsideration of all berrien county judges

now come defendant rev edward pinkney, by his attorney tat parish, and respectfully requests that reconsideration be given under mcr 2.003 of defendant motion to disqualify all judges of berrien county court. it is requested that such reconsideration be DE NOVE. it is further requested that said reconsideration be given by a judge who should properly hear the matter. that would normally be the chief judge of the berrien county trial court. however, it is noted that the chief judge of berrien county trial court is one of the judges for who disqualification is sought and it is respectfully requested that he recuse himself from said reconsideration and that a request be made that the supreme court administrator office appoint some judge from outside of berrien county to hear said reconsideration. regardless of what judge hear it, reconsideration is requested under said rule.

it is requested that REV EDWARD PINKNEY, be notified as soon as possible as to which judge will hear the motion, so that this motion can be noticed for hearing. this is the beginning of a long long trial. i will need every help in order to win.

Wednesday, June 01, 2005

judge will not step down from benton harbor fraud case

the judge assigned to hear the criminal case against actvist REV EDWARD PINKNEY on election-fixing charges has denied a request to disqualify himself and all the judges of berrien county from this matter.

at a hearing wednesday, berrien county trial county judge alfred butzbaugh found several reason to recuse himself under court rules or on constitutional grounds. REV PINKNEY, a black man, for years has openly accused several berrien county judges of racial bias. REV PINKNEY lawyer, TAT PARISH, did not claim any actual bias that would require butzbaugh disqualification. but he claimed that all of the berrien county judges had a least the appearance of partiality and racial bias. butzbaugh said he had no legal authority to remove all berrien county judges from the case as REV PINKNEY requested.

a preliminary hearing on the criminal charges has been postponed while parish files for a review of butzbaugh decision.

REV PINKNEY is free on bond while facing four felony charges and a misdemeanor charges stemming from his alleged attempts to rig the outcome of the feb 22 election when banco, recalled city commissioner glen yarbrough. REV PINKNEY IS charged with three counts of improper possession of absentee battots and one count of attempting to influence voters. a misdemeanor charge of influencing voters with cash.

BENTON HARBOR BANCO

I will be ready to fight at any time