Tuesday, May 19, 2009

Appeals court to hear Pinkney defense
By Abayomi Azikiwe, Editor, Pan-African News Wire

On June 9, the State Appeals Court of Michigan will hear defense arguments in the case of Rev. Edward Pinkney. Pinkney, who is the leader of the Benton Harbor Black Autonomy Network of Community Organizers (BANCO), was convicted by a Berrien County, all-white jury in March 2007 on trumped-up charges related to false allegations of voter fraud.

The American Civil Liberties Union (ACLU) of Michigan has taken Pinkney’s case and was successful in winning his release on bond in December 2008, pending the outcome of the appeal.

Pinkney was convicted of four felony counts and one misdemeanor after heading a successful recall campaign against a City Commissioner.

As a result of the recall, the courts in Berrien County overturned the election results citing irregularities. The first trial against Pinkney ended in a hung jury in 2006. The charges were reinstated leading to Pinkney’s conviction and subsequent house arrest. He was initially sentenced to one year in jail and four years probation by Berrien County Judge Alfred Butzbaugh.

Pinkney was placed on a tether and not allowed to step outside of his home. His phone calls were monitored and he was prohibited from engaging in community or church activities in Berrien County.

When Pinkney published an article in the Chicago-based People’s Tribune newspaper criticizing Judge Butzbaugh’s actions in his case, Berrien County hauled Pinkney into courtroom in December of 2007. He was charged with threatening the life of the trial judge and sentenced to three to 10 years in state prison because in the article he had quoted the Book of Deuteronomy 28:14-22.

Over the next year Pinkney was transferred to over six correctional facilities throughout the state.

A nationwide campaign in his defense drew worldwide attention to the pastor’s plight as a political prisoner. Even though Pinkney was released on appeal bond on December 24, 2008, his conditions of probation are draconian.

Rev. Pinkney’s bond hearing was held in the same Berrien County court system. Under his appeal bond he is denied the right to preach, grant interviews, write articles, address crowds or engage in politics.

Support Builds for Appeals Hearing

In March three friend-of the court briefs were filed in support of overturning the conviction of Rev. Pinkney. A broad-based group of religious organizations, law professors and free speech advocates submitted the legal documents.

“We are thrilled with the overwhelming support from the religious community, constitutional scholars and free speech organizations,” said Michael J. Steinberg, ACLU of Michigan Legal Director. “The groups persuasively argue for the fundamental American principle that a preacher cannot be thrown in prison for his religious speech even if some find it offensive.”

The religious freedom brief encompasses the views of numerous faith-based organizations.

Another brief was submitted by 18 law professors from various universities including Wayne State Law School, University of Detroit Law School and the Thomas M. Cooley Law School. The brief states that “In this country, under this Constitution, and on this Court’s watch, he must not be imprisoned for speaking his conscience.”

Also the Thomas Jefferson Center for the Protection of Free Expression argued in its brief that “In finding that Rev. Pinkney’s newspaper editorial violated his conditions of probation, the lower court punished speech at the core of First Amendment protection: public criticism of the judiciary.”

Berrien County and American Apartheid

This southwest Michigan county is a stark representation of racism and national oppression in the United States. Benton Harbor, which is over 90 percent African American, is one of the most underdeveloped cities in the state of Michigan. In neighboring St. Joseph, a nearly all-white city, the standard of living is much higher and it is the seat of the county where the court is located.

Over the last several years a so-called development project, Harbor Shores, has unveiled plans to take control of large sections of Benton Harbor to construct a golf course and residential enclave for the wealthy. These plans, along with astronomical foreclosure and unemployment rates, are forcing many residents of Benton Harbor to leave the area.

According to an article published by Dorothy Pinkney, the wife of the persecuted minister, the presiding trial Judge Butzbaugh has interests in the Harbor Shores development project. The Whirlpool Corporation, which is highly-influential in the region, is major promoter of the Harbor Shores scheme.

“My husband was denied due process and the right under state law to an impartial decision maker because the trial judge, Alfred Butzbaugh, had a financial interest in the development of Harbor Shores. This huge development project is what motivated my husband to seek the recall of the corrupt Benton Harbor City Commissioner Glen Yarbrough,” Dorothy Pinkney wrote.

She continues by pointing out that “The trial court’s financial interest in the Harbor Shores project was not known to my husband until after the trial. The Harbor Shores project which has been primarily pressed by Cornerstone Alliance on behalf of Whirlpool Corporation began in 1998 when the community economic development corporation was formed by John Dewane of the law firm Butzbaugh and Ryan.” (BANCO website, April 2009)

The Michigan Emergency Committee Against War and Injustice (MECAWI), the Michigan Welfare Rights Organization (MWRO) and the Michigan Coalition for Human Rights (MCHR) are mobilizing people to attend the appeals hearing for Rev. Pinkney on June 9.

The hearing will take place in Grand Rapids at the Court of Appeals Building, 350 Ottawa St at 9:00 a.m.

For information on transportation please call MECAWI at 313.680.5508.