Sunday, November 30, 2014

"There was no evidence brought forward at trial to convict..." Voice of Detroit

Pinkney-in-Detroit-11-17-14 cropped

By Diane Bukowski
November 30, 2014
Berrien County Sheriff L. Paul Bailey
Berrien County Sheriff L. Paul Bailey
Berrien County Clerk Sharon Tyler
Berrien County Clerk Sharon Tyler
DETROIT –An announcement of Rev. Edward Pinkney’s Oct. 3 conviction by an all-white jury on five felony charges elicited wild applause and a standing ovation at a monthly Republican meeting Nov. 15 in St. Joseph, Rev. Pinkney told VOD this week.
The life-long Benton Harbor activist said an individual who attended the meeting also told him that Berrien County Clerk Sharon Tyler and Sheriff L. Paul Bailey, both instrumental in concocting phony charges of “forgery under the Michigan election law” against him, were part of the merriment.
“There’s a lynch mob mentality there,” he said. “But we’re going to rock their world; I’m expecting fireworks there by the time of my sentencing Dec. 15.”
Marian Kramer of MWRO (center), flanked by Dave Sole of Moratorium NOW! and Rev. Pinkney. announces Dec. 6 strategy meeting in Detroit.
Marian Kramer of MWRO (center), flanked by Dave Sole of Moratorium NOW! and Rev. Pinkney. announces Dec. 6 strategy meeting in Detroit.
He said his appeals attorneys are moving forward with motions to overturn the verdict. There was no evidence brought forward at trial to convict him of altering dates on petitions to recall Benton Harbor Mayor James Hightower, as even a Michigan State Police Forensics Technician admitted. Subsequent investigation has shown that many jurors did not disclose their ties with opposing parties in the case. Additionally, the Court of Appeals ruled Oct. 23 that violations of election law are misdemeanors, not felonies.
Earlier, Pinkney spoke in Detroit at Moratorium NOW’s weekly meeting Nov. 17, where Michigan Welfare Rights Organization (MWRO) leader Marian Kramer announced that a strategy meeting on Pinkney’s case will be held this coming Sat. Dec. 6 at 1 p.m. at Central Methodist Church, located at Woodward and Adams.
Marcina Cole said another busload is being organized to attend the Pinkney’s sentencing in St. Joseph Dec. 15. Over $700 was raised at the meeting for his defense.
Benton Harbor rebellion against police murders, including that of Terrance Shurn, in 2003,
Benton Harbor rebellion against police murders, including that of Terrance Shurn, in 2003.
“Our fight against racism is spreading from Benton Harbor to Ferguson to Detroit to New York City and all over the country and the world,” Pinkney said. “While the federal government is giving billions of dollars to our cities for military armaments to help police kill our kids, in Benton Harbor they found me guilty with no evidence because I organized a petition campaign to recall our mayor.”
Berrien County and Benton Harbor police carried out a mini-version of the police state that exploded after Ferguson, MO killer cop Darren Wilson shot 18-year-old Michael Brown to death Aug. 9, as he raised his hands in surrender.
In addition to the SWAT team with tanks that raided Pinkney’s home May 24 attempt to arrest him, police from numerous districts were all over Benton Harbor knocking on doors to terrorize its 90 percent Black population, he said.
Ferguson protesters take the streets Aug. 19, 2014 against police murder of Michael Brown.
Ferguson protesters take the streets Aug. 19, 2014 against police murder of Michael Brown.
“But the people of Benton Harbor are not intimidated,” Pinkney said. “They are organized to struggle. I’m proud to say I’m able to make them call martial law. At my trial, we turned their prosecution witnesses into our witnesses. They described how police came to their homes, kicked in their front and back doors, and tried to get them to lie. The prosecution tried to get over 30 people to say they didn’t sign the recall petitions on the date listed, but everyone said they signed them on that date. One lady said she signed the wrong date first and then changed it, using two different color pens.”
Pinkney recounted the testimony of a Michigan State Police forensics lab technician who was asked, “Can you say Rev. Pinkney did it [changed dates on petitions]. He said NO—that was a victory for the people.”
Pinkney identified racism as the chief problem everywhere today in the U.S., a view that was recently confirmed by a report from the United Nations Committee on Torture.
Quincy Stewart, with another Pontiac resident, speaks at meeting,
Quincy Stewart, with another Pontiac resident, speaks at meeting,
“They’re still burning crosses and hanging nooses in the workplace in St. Joseph,” he said. “This fight is not about Rev. Pinkney, it is about the people. We have to take the struggle to a whole different level.”
Quincy Stewart and another man from Pontiac, Michigan told the audience the travails that residents of their city have suffered since an Emergency Manager took over as has been done only in majority-Black cities across Michigan, including Benton Harbor and Detroit.
“We’ve suffered for five years under an EM,” Stewart said. “Every single asset has been taken. They sold the Pontiac Silverdome for a measly $580,000. We are right in the middle of Oakland County, and police repression happens every day.”
Judge Sterling Schrock, who is to sentence Pinkney.
Judge Sterling Schrock, who is to sentence Pinkney.
Oakland County, a majority white, is one of the wealthiest counties in the U.S. Oakland and Macomb Counties were two of only four counties, out of 83 in Michigan, that voted against a referendum to repeal the first Emergency Manager law, Public Act 4.
Pinkney asked his supporters to write letters to Berrien County Judge Sterling Schrock demanding to know how he could be convicted with no evidence. Schrock’s address is 811 Port St. St Joseph, MI 49085.
BANCO targeted Schrock in 2011 for his racially discriminatory murder sentencings of a white man to probation, and three Black youths to prison for life. Click on Sterling Schrock legacy of hatred to read story.

Gail Freehling, former city clerk for New Buffalo, MI was on Pinkney jury. Sharon Tyler, the Berrien County Clerk who oversees all city clerks there, was one of chief witnesses against Rev. Pinkney,
Gail Freehling, former city clerk for New Buffalo, MI was on Pinkney jury. Sharon Tyler, the Berrien County Clerk who oversees all city clerks there, was one of chief witnesses against Rev. Pinkney.
- See more at: http://voiceofdetroit.net/2014/11/30/rev-pinkney-lynch-mob-mentality-in-st-joseph-as-he-awaits-sentencing-dec-15/#sthash.DFZX05KM.dpuf
- See more at: http://voiceofdetroit.net/2014/11/30/rev-pinkney-lynch-mob-mentality-in-st-joseph-as-he-awaits-sentencing-dec-15/#sthash.3nUn9zRI.dpuf

http://voiceofdetroit.net/2014/11/30/rev-pinkney-lynch-mob-mentality-in-st-joseph-as-he-awaits-sentencing-dec-15/


Thursday, November 27, 2014

...the entire cop-courthouse community is in celebration mode, demanding the rest of Pinkney's life

Greetings, All:

Directly below my comments you'll find a short statement about Benton Harbor's Rev. Edward Pinkney, written by Civil Rights attorney Buck Davis.  What he writes is painfully true, though the tremendous level of human anguish in black Benton Harbor resulting from the truth Davis speaks, remains mostly hidden still.

Under Under Davis' comment is another, authored by Pinkney.  In it he levels an incredible charge at  Berrien County Sheriff Paul Bailey.

Speaking at a meeting of prominent area Republicans, Pinkney directly quotes Bailey thus:  "We convicted Rev. Edward Pinkney and he will be going to prison for the rest of his life."

Pinkney also reports Bailey's statement was met with a standing ovation.

That "life" in prison thing is an absolutely incredible thing to say, given that Pinkney's sentencing isn't until Dec. 15th.  Clearly stating "... he will be going to prison for the rest of his life," indicates the sheriff already knows what the sentence will be.

Should that be the case, a "fix" is unmistakably indicated, meaning a fair trial for Pinkney was impossible for him to obtain - because verdict and sentence had been predetermined by top justice officials intent on being rid of Pinkney's insistent free speech activities, forever.

Yesterday I had an opportunity to interview a witness from the trial.  This person was one of THREE testifying they were eyewitness to a woman physically changing dates on petitions, the same petitions the prosecutor insists Pinkney was guilty of altering.

Quite conveniently, police were "unable to locate" the woman identified.

The prosecutor could not and did not offer a single witness that could/would state that Pinkney was responsible for the changes.  Additionally, a Michigan State Police documents examiner testified the dates had indeed been changed, although it was impossible to determine exactly who was responsible for the changes.

For the hand-selected, all-white jury, three eyewitnesses and much more that directly contradicted state's "evidence," it wasn't enough to add up to "reasonable doubt" ... and the entire cop-courthouse community is in celebration mode, demanding the rest of Pinkney's life.

Toward the end of his statement Pinkney writes the following, "Only in America, the land of the free and the home of the brave, it is open season for cops to kill unarmed black people and not go to prison."

For me, the level of misconduct demonstrated by Darren Wilson's defense attorney, umm, I mean the St. Louis County Prosecuting Attorney and HIS hand-picked Grand Jury, equates most evenly with the travesty of justice inflicted upon Pinkney, justice meted out by his all-white jury of figurative lynchers unable to separate genuine evidence from penultimately empty accusation.  In both cases life itself is sacrifice - and the real killers walk.

Time for champaign and toasts to our power!

"Open season for cops," Rev. Pinkney writes.  Now, just this morning, I run across this: <http://www.cleveland.com/metro/index.ssf/2014/11/cleveland_police_officer_shot_1.html>.

Watch the vid.  The cruiser hasn't even stopped rolling when this "officer" leaps out of it and shoots 12-year-old Tamir Rice quite, quite dead.  BAM! BAM!  Judge, jury and most especially, executioner.

Case closed.

Should these open murders persist, instead of "open season for cops" this sort of official misconduct will inevitably result in open season ON cops.

Try selling Tamir Rice's kin on the idea his homicide was in any sense "just."  Try selling yourself on that theory when a horrible morning dawns on YOUR family's 12-year-old's cop-shot corpse.

I can hear it now:  "Oh, come on!  It's not that bad.  That can't possibly happen here."

Think not?  According to a study conducted by the World Justice Project, among developed nations the U.S. ranks NINETEENTH when it comes to "access to justice" <http://www.huffingtonpost.com/2012/11/28/rule-of-law-index-2012_n_2200765.html>, scroll down for chart.

In estimating the extent of the problem posed by unaccountable thug cops, I suggest you consult the following URLs.  The problem is epidemic and growing worse at the same time the Pentagon is turning huge amounts of 'surplus' military weaponry over to local police departments, free of charge.

Ask yourself, "Does my local police force really need thousands of assault rifles with bayonets - kill power tremendously enhanced by 50-caliber machine guns and rocket-propelled grenade launchers?"   Here <http://www.vox.com/2014/9/3/6101895/charts-police-militarization-1033-program-obama-administration> and here <http://www.informationclearinghouse.info/article35085.htm> (video).

If you find the idea of police celebrating their free-handed violence hard to believe, meet Los Angeles County Sheriff Department's. "Jump Out Boys" <http://www.dailymail.co.uk/news/article-2275478/LASD-clique-named-Jump-Out-Boys-matching-tattoos-fired-claims-aggressive-behaviour.html>.

Think too about these absolutely run-amok cops in New York City, where they gunned down a known murderer - but shot 9 innocent bystanders in the process, during the course of their wildly uncontrolled, unprofessional, terrified-response, rank amateur gunplay <http://www.dailymail.co.uk/news/article-2193514/Police-response-Empire-State-shooter-questioned-evidence-reveals-officers-gunfire-injured-passers-gunman-fired-bullets.html>.

When it comes to the "unaccountability" of police, check these formal, unbelievable claims made by departments on two Coasts:

Massachusetts SWATs are claiming they're a "private corporation," an entity whose records are granted privacy by law and thus immune to public scrutiny <http://govtslaves.info/swat-team-claims-theyre-private-corporation-immune-record-laws/>.

Out West we find 121 Seattle cops suing the city for "unconstitutional restriction of force" <http://www.reuters.com/article/2014/05/29/us-usa-washington-police-idUSKBN0E90AI20140529>.

Now, balance all of the above against how the French police MUST conduct themselves at all times <http://www.france24.com/en/20130301-french-police-ordered-be-polite-all-times-0>.

The difference is unmistakable.

On one hand there's civilized understanding that established law enforcement MUST be equally subject to the law.  It especially requires police, holders of great PUBLIC powers of imprisonment and deadly force, be PERSONALLY representative of the Spirit of Law and Justice, at all times.

On the other hand there's us.  Our reality is one of formally legislated, court-protected, increasingly unaccountable and ever-more deadly police state occupation.

And at this very moment, a Benton Harbor-St. Joseph police state nightmare is being experienced on a very deep, very personal level by Rev. Edward Pinkney, his life now sacrifice at the hands of an obviously, deeply corrupt system of "justice."

Mann, Kalamazoo



Statement by attorney Buck Davis:

"The thrust [of the Berrien county courthouse] is to physically remove and destroy families through the use of the criminal justice system. Every person they can put in jail; every person whose voting rights they can revoke with a felony conviction; every person they can cause to lose their job by putting them on probation; every person they can cause to lose the ability to pay for basic necessities through imposing ruinous court costs and probation is all part of the process. In the 1960s, it was called Negro removal. In Bosnia, it was called ethnic cleansing. It could be called genocide, the removal of the minority population for the purpose of redevelopment of the land. That’s what’s happening in Benton Harbor and the foremost leader of the resistance is Rev. Edward Pinkney" --Civil rights attorney, Hugh "Buck" Davis


Comment by Rev. Edward Pinkney:

Gail Freehling, the Racist Juror from Three Oaks, Michigan

Standing Ovation For Sheriff Stating Pinkney's Conviction


The look in her eyes, the expression on her face - if her eyes could shoot I would be dead. How much hate can one person have in their heart?  Gail Freehling is the type who would be responsible for mobbing, hanging, and shooting blacks for no reason.

Racism in the 1960's:  it was a huge decade and a war/battle every day between Blacks and Whites. Black and Whites had different drinking fountains and wash rooms. 

Whites in Mississippi would scare blacks into leaving town by putting
up signs, burning crosses, burning homes, and killing all members of
the family.

In Berrien County, Michigan blacks are viewed as horrible people. When whites see a black person on TV or walking around Three Oaks, St. Joseph, or Stevensville, their first thought is, "what is a black person doing in our community?"

On October 27, 2014 in Berrien County, Michigan an all-white jury was 
sitting in judgement of me. The jury was motivated by something other than the truth.

I was found guilty with no evidence and no witnesses to testify against 
me, no confession, and a group of white hating black people.
In the Berrien County courthouse this was a modern day lynching.

The Sheriff of Berrien County, Paul Bailey, went to a Republican meeting and was given a standing ovation when he made the announcemnet that, "we convicted Rev. Edward Pinkney and he will be going to prison for the rest of his life" (with absolutely no evidence.)

In 1960 they wore white robes and masks to symbolize their color and to sometimes act like ghosts. Today they wear suites, ties, and black robes to symbolize their color. We must not forget our friendly American police officer whose job is to serve and protect - and have murdered someone every single day of the year.

Only in America, the land of the free and the home of the brave, it is open season for cops to kill unarmed black people and not go to prison.  If Whirlpool, Rep. Fred Upton, and Berrien County Court have their way, Rev. Pinkney will be going to jail for the rest of his life, convicted with no evidence.  Killer cop Darren Wilson set free with evidence in Ferguson, Mo.

We the people must stand up against racism and discrimination, we must protect the have-nots. It is not one thing, it is everything. Let us stand together and fight and win.

Rev. Edward Pinkney
bhbanco.org

blogtalkradio.com
Pinkney to Pinkney
Every Sunday at 5pm ET
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Burn all NAACP Membership Cards

Monday, November 24, 2014

All-white jury convicted - sentencing December 15

Reverend Edward Pinkney, grassroots leader of the  Black Autonomy Network Community Organization (BANCO) in Benton Harbor, Michigan, was convicted on Nov 3rd of five felony counts of election law violation. He was accused of changing dates on five petitions in a recall campaign against the city’s mayor, a mayor who sides with big business –Whirlpool Corporation is based there – against the people. He was convicted with no supporting evidence by an all-white jury – both violations of justice; which amount to legal lynching Benton Harbor is 96% Black yet there was not one person from Benton Harbor on the jury. 

Rev. Pinkney, who has a history of calling out racism and corruption of the city’s power brokers, says of this latest miscarriage of justice, “They are saying they don’t need evidence to send someone to prison. Now everybody in Benton Harbor is in jeopardy. We have to say enough is enough. Whirlpool controls not only Benton Harbor and the residents, but the court system itself. They will do anything to crush you if you stand up to them. That’s why it’s so important to fight this.”

Background:
u Whirlpool Corporation has its world headquarters in Benton Harbor. The city of St. Joseph, across the river, is nearly all white with an income about 3-4 times that of Benton Harbor residents. The people of Benton Harbor have had to confront racism, corruption, cross burnings and a land-grab of river and lake front property forcing local residents out. Rev. and Mrs. Pinkney and the Black Autonomy Network Community Organization have lead many protests against these injustices and petition drives to recall local officials.
 Rev. Pinkney’s activism has made him a target; his arrest warrant on recent non-violent charges was served by a SWAT team that surrounded his home at gunpoint.
 The recent trial seems like a re-run. In 2005 Rev. Pinkney led a successful recall election against a city official closely aligned with developers who had their eye on river and lake-front property. The power elite threw out the recall election results, reinstated the official in question and accused Rev. Pinkney of election fraud. In that case another all-white jury found Rev. Pinkney guilty despite lack of evidence or credible witnesses. He was to serve his time under house arrest. He was subsequently sent to prison for quoting the Bible! The judge said he considered the Bible quote a threat. Rev. Pinkney was released on bond after a national campaign.
What you can do:
Rev. Pinkney is appealing this outrageous conviction. His team needs to raise $20,000-25,000 for legal costs and to get the word out. Can you help? 

Please donate, by clicking on Donate.

Write also to: Judge Sterling Schrock, 811 Tort Street, St. Joseph, MI 49085

Ask how can a person be convicted of a crime with no evidence
and a jury that is motivated by something other than the truth?

And please share this information with everyone you know.


Action Alert issued by Women of Color in the Global Women’s Strike & the Global Women’s Strike

LA@AllWomenCount.netSF@AllWomenCount.netPhilly@AllWomenCount.net


www.GlobalWomenStrike.net

* * *

Press Release issued by Rev. Pinkney

Court Convicts Benton Harbor, Michigan, 
Community Activist with No Evidence

St. Joseph, Michigan, November 6, 2014 — In Berrien County, Michigan, a court has convicted veteran community activist Rev. Edward Pinkney, 66, with no evidence.

On Monday, a jury found Pinkney guilty on five felony counts of alleged election law violation after a week-long trial. The county prosecutor, Mike Sepic, accused Pinkney of changing dates next to signatures on a petition drive seeking to recall Benton Harbor’s mayor, James Hightower.

The jury’s decision came despite the absence of any direct evidence that Pinkney committed a crime. Numerous witnesses who gathered petition signatures testified that some signers changed dates next to their own names. Three witnesses testified that they saw someone other than Pinkney changing dates on the petitions after signatures were gathered. Mark Goff, a forensic document examiner with the Michigan State Police, testified that changes to the petitions were made in different ink, but he could not determine when the changes were made, by whom, or whether they were changed by the signers themselves. No witness testimony nor physical evidence supported the charges that Pinkney changed any dates. Pinkney denies all charges.

“We were very surprised by the verdict,” said attorney Tat Parish who represented Pinkney at the trial. “I believe there was simply no evidence whatsoever that he did the deed. The problem, of course, is that the prosecution was allowed to argue that it was ‘circumstantial’ evidence. Circumstantial evidence, as close as I can tell, is just a suspicion. There will be an appeal.”

Sentencing is set for December 15. In an unrelated case, a Michigan Court of Appeals ruled on Friday that election fraud charges are misdemeanors, not felonies. In that case, Brandon Hall, 25, confessed to election fraud and faces up to a $500 fine and up to 93 days in jail for 10 counts of misdemeanor election forgery. In contrast, Pinkney could potentially be sentenced to 25 years in prison by Judge Sterling Schrock, who instructed the jury on Friday that “circumstantial evidence can be almost the same as direct evidence.” Hall is white and Pinkney is African-American. Although Benton Harbor is 96% African-American, no African-Americans served on the jury for Pinkney’s trial.

Pinkney and other members of the Benton Harbor community group, BANCO (Black Autonomy Network Community Organization), have lead multiple petition drives to recall local officials as one strategy of their campaign to promote democracy, civil rights, and economic justice in the county. Whirlpool Corp. is headquartered in Benton Harbor, which has among the highest unemployment and poverty rates in the state. Mayor Hightower’s opposition to a city income tax that would have affected Whirlpool resulted in the community’s effort to recall him.

BANCO and Pinkney have protested the four emergency managers, appointed by the governor under Michigan’s controversial Emergency Manager Law, currently operating the city instead of democratically-elected officials. BANCO was also among the most vocal opponents of a golf course and luxury development that appropriated lakeshore land formerly designated as a Benton Harbor city park.

Pinkney believes his human rights activism has made him a target of political persecution by Whirlpool and local governments. In just one recent example, his arrest warrant for non-violent charges was served by a SWAT team that surrounded his home at gunpoint. Such tactics, he says, are designed to intimidate all Benton Harbor residents who speak up against Whirlpool and local officials. Prosecutor Sepic questioned numerous witnesses at the trial about their membership and involvement in BANCO, as if community activism itself were on trial. Judge Schrock permitted the line of questioning despite objections by the defense.

In a statement released Tuesday, Pinkney said, “They are saying they don't need evidence to send someone to prison. Now everybody in Benton Harbor is in jeopardy. We have to say enough is enough.  Here, Whirlpool controls not only Benton Harbor and the residents, but also the court system itself. They will do anything to crush you if you stand up to them. That’s why it’s so important to fight this.”

Sunday, November 16, 2014

Benton Harbor is the new Mississipi, circa 1960

From the top of this page:  


"The thrust [of the Berrien county courthouse] is to physically remove and destroy families through the use of the criminal justice system. Every person they can put in jail; every person whose voting rights they can revoke with a felony conviction; every person they can cause to lose their job by putting them on probation; every person they can cause to lose the ability to pay for basic necessities through imposing ruinous court costs and probation is all part of the process. In the 1960s, it was called Negro removal. In Bosnia, it was called ethnic cleansing. It could be called genocide, the removal of the minority population for the purpose of redevelopment of the land. That’s what’s happening in Benton Harbor and the foremost leader of the resistance is Rev. Edward Pinkney."   -Civil rights attorney, Hugh "Buck" Davis


I have been convicted of a crime with absolutely no evidence.  It's a lynching.

"During the five day trial not one witness said they saw Rev. Pinkney change any dates or signatures on the recall petitions. The prosecutor, Mike Sepic, during the opening argument on October 27, 2014, told the jury that they would not hear anyone say that they witnessed the defendant engaging in fraud. [they had absolutely no evidence.]

In testimony of eight witnesses called by the prosecutor on the first day of the trial, they all supported the recall of Mayor Hightower. The witnesses said that they never saw Rev. Pinkney change any petitions.  More than thirty witnesses testified they had signed the petition on the same date which was on the petition.

Supporters of Rev. Pinkney are outraged by the jury verdict. Many of them are committed to working for a reversal."  Abayomi Azikwe


Sometimes somebody has to take a bullet and I just took one - it was in the leg, but not in the heart.  Only in America.

We must say, "Enough is enough," and come together and fight fascism.     


Rev. Edward Pinkney
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Every Sunday 5pm ET
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Friday, November 14, 2014

On the significance of the Rev. Edward Pinkney trial

From the Editors, People’s Tribune
November 2014
Smiley face

Rev. Edward Pinkney and his attorney, Tat Parish, in the courtroom where, with no evidence, Pinkney was found guilty of vote fraud. Photo credit/John Madill

It was a sad day for justice in America. Rev. Edward Pinkney, a staunch leader in the struggle for justice and for the needs of the poorest workers in the community of Benton Harbor, Mich., was convicted of changing dates on petitions for the recall of a mayor that the community believes is a ‘yes man’ for Whirlpool. There was no evidence to convict him. This case is about Rev. Pinkney’s political activity on behalf of the people and against the corporations. For this he could be separated from his family and community for years.

This case shows the consolidation of the power of the corporations. For a long time, they have been setting aside the spirit of the Constitution. Now they are setting aside theword of it. They are trying to create a situation where you can’t stand up to them. When you run the risk of being thrown in jail for recalling a public official, it shows how dangerous the political environment is. How do you convict someone when there is no evidence?

Michigan is a test case and model for the complete fascist takeover of America. These situations are going to be happening more and more. We need to fight every attack wherever they arise. The question is: who is going to control society? Will the corporations control it in their interests or will the people control it in their interests? The future is up to us.
The People’s Tribune is your paper. Send your stories. We encourage our readers to send donations for Rev. Pinkney’s appeal. Send to BANCO, 1940 Union Street, Benton Harbor, MI 49022.

Statement from Rev. Edward Pinkney on the Verdict

The following will be published in the November-December, 2014 edition of the People’s Tribune. Visit http://PeoplesTribune.org

I could not believe they could find me guilty without one piece of evidence. This case is about more than an all white jury. It is also a class situation. They attacked me because of my class — I’m not rich. Now everybody in Benton Harbor is in jeopardy. They are saying they don’t need evidence to send someone to prison. We have to say enough is enough.  It’s time to take a stand.

Here, Whirlpool controls not only Benton Harbor and the residents, but also the court system itself. They will do anything to crush you if you stand up to them. That’s why it’s so important to fight this. I’m going to fight them until the end. This is not just an attack on Rev. Pinkney. It’s an attack on every single person that lives in Benton Harbor, in the state and around the country.

I thought the jurists would have enough heart, enough courage and righteousness to do the right thing. They didn’t just fail me. They failed everybody that lives in the city of Benton Harbor.
There was no evidence, period. The only thing they possibly had was that the petition belonged to me, but it went through several hands. They only had one target and that was me. Any time you live in a society that doesn’t take care of its people you have a problem. And that’s what we have here in Berrien County. I am standing up for the people.

We want them to understand this fight is going to continue with or without me. In that sense, I’m happy today because people can take a good look at this system. It’s a class war. It’s us against them. Rich against poor. That’s what it adds up to. The point is we have to take a stand. It’s about you, your children, and your grandchildren. I never thought for a minute that the system could be this broken and would go to this extreme. They could care less about you, me or anybody else. They only have one thing in mind. That is to make sure they protect the rich.

We got to fix this jury system. There was not one person from Benton Harbor, not one person from Benton Township on the jury. Anytime a Black man is sitting inside that courtroom and the jury is all white, that is a major problem.

There’s a lot of things that we can do now. We are working on an appeal. We are continuing to fight this battle. We’re going to stand firm. This is all about the people.

Speaking Out on the Pinkney Trial

The following quotes will be published in the November-December, 2014 edition of the People’s Tribune. Visit http://PeoplesTribune.org

“We were very surprised by the verdict. I believe there simply was no evidence whatsoever that he did the deed. There might have been evidence that somebody forged the dates. The problem of course is that the prosecution was allowed to argue that it was circumstantial evidence. Circumstantial evidence, as close as I can tell, is just suspicion. There will be an appeal.” — Tat Parish, Attorney for the Defense

“It’s a modern day lynching. After hearing the ‘evidence’, it would seem that the decision was made before the trial began. They are looking at Michigan as a glove for dictatorship. And the predominantly Black communities are the test tubes. When you stand up against the largest manufacturer of appliances in the world, of course there will be a backlash. Also, Rev. Pinkney was accused of writing and changing my date on a petition when, in fact, I wrote my own date and changed it after realizing I had put the wrong date down.” — Mary Alice Adams, Benton Harbor Commissioner

“Benton Harbor is losing more and more ground. The school system is failing. Over at City Hall, things are manipulated. They’re giving off the land to the developers for nothing. With the arrests over the recall election, people are now afraid. They want people to say, ‘Don’t kick against the system.’ This is wrong.” — Emma Kinnard, Delegate, 3rd Ward, Benton Harbor

“They threw my testimony in the garbage. They don’t want to hear you. Rev. Pinkney helps people, especially young Black men. They are giving all these young men all this time for petty crimes. Everyone I know is getting 20 years or more. What are the children going to do? The parents, women are crying over their sons. What preacher besides Rev. Pinkney is there standing with the people?”  — Marquette Coates, defense witness

“The prosecution dragged 42 people into court to testify. Many were poor workers, visibly angry at the police harassment and threat to their rights. One witness told the prosecutor, ‘You’re trying to switch my story.’ Another said that police ‘tried to get me to say I signed a paper on two different days and I didn’t.’ In addition, at times it seemed like a community organization, BANCO, was also on trial. Witnesses were asked if they were a member, whether they had a membership card, who was at meetings, if Rev. Pinkney was the organization’s head, and what was talked about. All in all, the poorest among them stood up to this assault. This is an example of the peoples’ ongoing fight for a just society.”  — People’s Tribune

Attend Rev. Pinkney’s sentencing on December 15 at 8:30 a.m. at the Berrien County Courthouse, Judge Schrock’s court room.

Wednesday, November 12, 2014

Legacy of Racism and National Oppression in Berrien County, Michigan

http://CounterPunch.org/2014/11/11/legacy-of-racism-and-national-oppression-in-berrien-county


Legacy of Racism and National Oppression in Michigan


by ABAYOMI AZIKIWE
An all-white jury in St. Joseph, Michigan has found Rev. Edward Pinkney guilty of five felony counts of forgery stemming from a recall campaign against Mayor James Hightower of Benton Harbor earlier this year.
The jury deliberated for nine hours and delivered the verdict on Nov. 3. The sentencing date has been set for Dec. 15.
Hightower was the subject of the recall campaign due to his refusal to support a local income tax measure designed to create employment for the people in Benton Harbor, located in Berrien County in the southwest region of the state of Michigan. Hightower is often accused by residents of Benton Harbor of being more concerned about the well-being of Whirlpool Corporation and other business interests than the people he is sworn to protect and serve.
During the five day trial not one witness said they saw Pinkney change any dates or signatures on the recall petitions. The prosecutor, Mike Sepic, during the opening arguments on Oct. 27 told the jury that they would not hear anyone say that they witnessed the defendant engaging in fraud.
The prosecutor’s case was supposed to be based on circumstantial evidence. Nonetheless, the tenor of the questioning by the prosecutor seemed to suggest that the Black Autonomy Network Community Organization (BANCO), the group Pinkney leads in Berrien County, was actually on trial for its uncompromising opposition to the role of Whirpool Corporation and its supporters within the political establishment in Benton Harbor and its environs.


Prosecution Witnesses Supported Recall
In the testimony of eight witnesses called by the prosecution on the first day of the trial, they all supported the recall of Mayor Hightower. The witnesses said that they never saw Pinkney change any petitions.
Prosecution witness Bridgett Gilmore told the court that she circulated the recall petitions for George E. Moon and had no contact with Pinkney during the process. While the prosecutor asked her about what appeared to be minor changes on the petitions she circulated, defense lawyer Tat Parrish pointed out that none of these pages in question were the ones which Pinkney was charged with altering.
Gilmore noted that two types of ink were used on some of the signatures because the circulation process took place during the winter and a pen would freeze requiring the usage of another one. When Gilmore turned over the petitions to Moon, Pinkney was not present.
“There were many people calling for Hightower’s recall,” she said.
Another witness called by the prosecution, Majorie Carter, indicated that she received the recall petitions from the City Clerk’s office. Carter supported the recall because she believed that businesses should pay taxes to create jobs in Benton Harbor, a majority African American city which suffers from extremely high unemployment.
Carter said that she was a registered voter and had campaigned for candidates before. She noted that she had run for City Commissioner in the past.
“I collected signatures for the recall from my apartment complex for seniors,” she said. “One signer corrected a date on the petition.”
Mable Louise Avant testified after being called to the stand by the prosecution. She said she had met Pinkney at a BANCO meeting.
“I had been living in New York and when I returned and saw how Benton Harbor had gone down, something needed to be done,” Avant said.
“People make mistakes,” she emphasized. “Rev. Pinkney had nothing to do with the mistakes. I turned over the petitions to Rev. Pinkney.”
The petitions that Avant circulated were not the ones that Pinkney was accused of altering.
Benton Harbor resident George E. Moon also took the stand for the prosecution and said he circulated petitions for the recall of Hightower. When asked by the prosecutor where he got the idea about recalling the mayor, Moon responded by saying that “My ideology is different than the mayor. People should be elected and not bought.”
“I am an activist,” Moon declared. He said he had spoken out in favor of the recall in the community.
Overall more than 700 people signed the recall petitions most of which were validated by the local election commission. A date was set for the recall election.
Nonetheless, after Pinkney was indicted and placed under house arrest for several weeks, the recall election was cancelled by a local judge raising questions about the signatures. Yet later, another judge certified the petitions and authorized the recall election to proceed.
The local authorities in Berrien County challenged the election that was scheduled for November 4. The Michigan Court of Appeals then cancelled the recall elections again.
Hightower remains in office and was called as a prosecution witness during the first day of the trial.
James Cornelius, a Benton Harbor resident, who sponsored the recall campaign against Hightower, took the stand saying that he got the petitions from Pinkney to circulate. “Hightower was not doing a good job,” Cornelius told the court.
Many of the prosecution questions related to the meetings, ideology, membership and leadership of BANCO. During the course of the prosecution’s questioning of witnesses numerous observers were ejected from the courtroom for various reasons.
One activist who traveled from Detroit was told he had to leave because he was “smirking.” Another observer from Detroit was asked to leave because they shook their head in disbelieve of the proceedings which she felt presented no evidence to incriminate Pinkney.
Rev. Pinkney Will Seek a Delay in Sentencing
After the announcement of the verdict, Pinkney indicated that he was disappointed with the decisions of the all-white jury. This is the second time within seven years that he has been convicted by a Berrien County jury.
In 2007, Pinkney was found guilty of tampering with absentee ballots involving another recall campaign against two Benton Harbor City Commissioners. He was sentenced to one year of house arrest and four years of probation.
However, in December of 2007, while under house arrest, Pinkney was charged with threatening the life of a Berrien County judge after he published an article in the People’s Tribune newspaper quoting biblical scriptures. He was sentenced to 3-10 years for violating his probation.
A national campaign involving the Michigan ACLU along with numerous community, academic and religious organizations resulted in a successful appeal that released Pinkney from a state prison after serving one year. He has continued to be a major critic of the authorities in Berrien County.
In 2010, BANCO opposed the transferal of land from Jean Klock Park to a privately-owned venture known as Harbor Shores Development. The park, which had been designated for free public usage in 1917, was turned into the Jack Nicklaus Signature Golf Course on Lake Michigan.
Two years later in 2012, BANCO organized the “Occupy the PGA” to oppose the holding of the senior tournaments in Benton Harbor that year. Hundreds attended the march and rally drawing the ire of the local business interests and county officials.
On the most recent convictions for felony forgery, Pinkney said “I was in shock more than anything else because I could not believe they could find me guilty with no evidence at all. They have proven the fact you don’t need evidence to send someone to prison.”
Pinkney went on to say that “Sometimes somebody has to take a bullet and I just took one -it was in the leg though, it wasn’t in the heart. I’ve got about 45 good days and then we are definitely going to request a delay in sentencing.”
Berrien County Prosecutor Mike Sepic said after the convictions that “Each of those felony counts carries a 5 year maximum, but he has at least three prior felony convictions. That makes him a habitual offender, which turns those five year maximums into a life maximum and actually elevates the guidelines that will be scored for him as well. I believe it will be either a lengthy jail sentence or prison sentence.”
Supporters of Rev. Pinkney are outraged by the jury verdict. Many of them are committed to working for an appeal of the convictions.
Legacy of Racism and National Oppression in Berrien County
Berrien County is notorious for its racism against African Americans. Police brutality, large-scale home foreclosures, high unemployment and the systematic forcing of people from the majority African American city of Benton Harbor has been standard policy for years.
In 2003, after the police chased an African American motorcyclist resulting in a crash and his death, the African American community in Benton Harbor rose up in rebellion that last for several days. Although the-then Gov. Jennifer Granholm pledged to provide assistance for the improvement of conditions in Benton Harbor, no action was taken other than the privatization of Jean Klock Park and the appointment of an emergency manager in 2010.
Although Benton Harbor is ostensibly out from under emergency management, the city is subjected to the more powerful and predominantly white St. Joseph, where the county court system is based. The fact that an all-white jury was impaneled in such a racially sensitive case in an area with deep historical tensions, speaks volumes in regard to the lack of sensitivity existing among the county authorities and the corporate interests.
Abayomi Azikiwe is the editor of Pan-African News Wire.