Thursday, June 28, 2007

Pinkney Continues to Demand Justice

Rev Edward Pinkney continues to file motions for a new
trial. The motions filed point to the corruption that
continues to roll on in the Berrien County Courthouse.

The motions filed are as follows:

A motion for a new trial based on failure to arraign
the defendant on the information or to obtain a waiver
of arraignment on the information.

A motion for modification of judgment of sentence and
order of probation and for a declaration of indigence,
and for the production of the transcripts of the trial
at public expense,

A motion for a new trial based on ineffective
assistance of counsel, violation of his Constitutional
rights to an Impartial jury and due process rights to
be present.

A motion for a new trial based on the violation of his
Constitutional right to a public trial and a request
for an evidentiary hearing.

1940 Union St.
Benton Harbor, MI 49022

Monday, June 25, 2007

Research on the Jury Issue in Berrien County

In People v Smith and Hubbard, the court reversed and remanded based on geographical exclusion. Kalamazoo circuit judge Richard Lamb granted retrials saying that a faulty jury selection process for years resulted in too few minority group members being picked. He ruled that the net effect of the jury selection process had been to exclude members of a distinctive group in the community.


The equal protection clause guarantees criminal defendants that the prosecution will not exclude members of their race, or on the false assumption that members of their race as a group are not qualified to serve as jurors.


Lockhart v Meree[1986], Buchanan v Kentucky[1987]

The court also stressed the purposes of the cross section requirement. [1] avoiding the possiblity that the composition of juries would be arbitrarily skewed in such a way as to deny criminal defendants the benefit of the common-sense judgement of the community [2] avoiding the appearance of unfairness and [3] ensuring against deprivation of often historically disadvantaged groups of their right as citizens to serve on the juries in criminal cases; lockhart

The three member jury selection committee is white, as well as the key elected and appointed court adminstration. There should at least be one black representative on the selection committee and other key adminstrative positions in order to help prevent discrimination.

Berrien County court cannot offer any proof of whether or not the questionaires were actually returned or even mailed out. Our experience tells us that Louise Stine and Linda la Porta are not trustworthy.

Foreknowledge of where blacks live allowed Louise Stine and Linda Laporta [1] the opportunity to weed out potential black jurors prior to inserting their names into the computer for random picks [2] the option to send the questionnaires to less affluent black neighborhoods where people are less likely to return the questionnaires [3] they can virtually hand pick the black potential jurors for the 25-30 juror panels [this allows them to appoint selected juror panels to certain cases depending on race]. Hand picking juries must come to an end in Berrien County and across the country.

Friday, June 22, 2007

Another Dark Day in Benton Harbor

On Wednesday, June 13 in the Berrien County Courthouse, two African-American women were charged with trying to influnce a juror (jury tampering) during a break, but the incident never happened. The women were talking to another person when the juror and the baliff passed by. One of the women told this other person that the defendant was not guilty, and she was telling the truth. But the bailiff said that the juror heard the conversation AND THE TWO WOMEN WERE ARRESTED.

This is another attempt to intimidate who live in Benton Harbor. The Herald Palladium reported that Michael Septic, the county chief assistant prosecutor, said, "Immediately, without a hearing, Judge la Sata sentenced the two women to forty-five days each." The judge realized the mistake he had made, so he set bond at $75, 000.00. 90% of the people who live in Benton Harbor make less than that. Right now, the women are in jail trying to raise the $75K.

Berrien County is now going after women. Drastic measures are needed ASAP to stop the courthouse gone mad.

Police Murder in Benton Harbor

Benton Harbor police murdered another innocent man.
The preliminary autopsy reports say Doyle Moniki Jackson's
death after his arrest on Tuesday (6/5/07) was caused by internal
injuries. Jackson was 39.

An autopsy was performed Wednesday morning in
Grand Rapids. The police weapon was a Taser
Electric Stun Gun.

Police chief Mingo said the cause of death had nothing
to do with the gun. However, according to the autopsy report,
it had everything to do with the death (murder).

Will the state or federal government EVER intervene
to put an end to the most extreme police repression in Michigan?

Mrs. Pinkney Speaks Out II

My husband's sentence is 5 years probation and 1 year jail, time as yet to be determined.

His probation restrictions:

1. Not allowed to participate in any campaign or election

2. May not own a cell phone

3. 400 hours of community service

4. Must comply with Berrien County jail and electronic monitoring program

5. Must consent to assignment of wages until court ordered assessments are paid in full

6. Must pay Berrien County for reimbursment of first trial transcript ($2800.00)

7. Court cost & fees: $6405.00


Dorothy Pinkney

Mrs. Pinkney Speaks Out

To begin, let me say that my husband, Rev. Edward Pinkney, is now being followed by a
special investigator when he leaves home. The financial expenditure to hold all the
hearings and trials, and now to hire this person to follow Edward, could be spent
in ways that might begin to lift our community out of poverty.

On April 15, 2005 justice in Berrien County took a giant step backwards into the darkness of Oxford, Mississippi. I, Dorothy Pinkney, the wife of Rev. Pinkney, am ashamed to claim Berrien County, Michigan as my home - a county that is known for police beating and killing of blacks.

As of April 15, 2005 Berrien County will forever be known as the county where Judge Paul Maloney stole an election from the people of Benton Harbor. Judge Paul Maloney is a well-known racist; the people of Benton Harbor believe it was all about race. I, however, believe it was all about the "haves": Whirlpool, Cornerstone Alliance, and Gov. Granholm.

I attended my husband's "voter fraud" recall trial everyday, and trust me, it was not about justice. There were only three votes that could have been thrown out. The election was won by over fifty votes. The number of alleged fraudulent ballots did not reach the mathematical total to affect the election outcome.

On April 18, 2005, my husband was arrested and charged with four felonies and one misdemeanor, crimes that were created by Berrien County justice system. There was no voter fraud. Berrien County judgement was woefully unsupported by the facts in the case.

My husband went through two trials that were unsupported by any facts. In March 2006 the trial ended in a mistrial, the jury hung on all five counts. There were two blacks on the jury.

My husband had complained for five years about the systematic exclusion and
under-representation of black jurors in the Berrien County court system. When his
second trial had an all-white jury in our city which is 96% black, I knew this would be a problem. The jury was rigged to find my husband guilty. The willingness of the jury to find guilt beyond a reasonable doubt and relying on Brenda Fox's testimony was an indication that they had violated the sanctity of their oath and were motivated by something other than truth and justice.

Midway through the trial the judge locked the courtroom to spectators who could only
come in before the session began or on a break. Security was increased well beyond what is
normal in this courthouse. The white jury wanted to make sure that Rev. Pinkney`s lawyers did not have their jury questionnaries. The jury reaction was to retreat into the sort of blind desire to uphold the system as in the south where a black man`s word meant nothing, regardless of how obviously false and fabricated the evidence against him. The polygraph examination my husband passed proved the prosecutor was a liar.

The prosecutor Gerald Vignansky's poisonous behavior had the obnoxious odor of a
racist. This man fabricated and falsified evidence, bribed witnesses, and then threathened
his own witness because he would not perjure himself. Tommie Travis refused to lie for the prosecutor because he was paid only five dollars. Berrien County has always prayed on the black people who live in Benton Harbor. We must stand up and defend democracy.

Whirlpool Nails the Benton Harbor Coffin


Three years ago Whirlpool flew all of the Benton
Harbor city commissioners to Atlanta where they were
wined and dined for a weekend. The goal of this trip?
To show the commissioners a golf course! After
this "bribery vacation", the commissioners agreed to
sell Whirlpool 530 acres of Benton Harbor land for
less than one million dollars. An outright steal.
The commissioners who voted to sell for almost nothing
are the reason Benton Harbor residents may no longer
be able to enjoy nature, the lake, and the beach in
summer, and the reason why we could have an
environmental disaster in our midst.


It was a dark day on May 21, 2007. Governor Granholm
came to the city of Benton Harbor, Michigan to give
Whirlpool her blessing to take-over the city of Benton

As reported in the 5/22/07 Herald Palladium, David
Whitwan, the former CEO of Whirlpool said, "'Today, we
are pleased to announce the real beginning of a
project called Harbor Shores.' [Many Berrien County
residents understand that this implies the take-over
of Benton Harbor.]

"'It is more than bricks and mortar and a Jack
Nicklaus golf course,' Gov. Jennifer Granholm said at
the evening celebration. For the record... Harbor
Shores is to consist of the 18 holes Nicklaus
Signature Golf Course; about 860 units of [elegant
exquisite] housing; a 350-room hotel, conference
center [for the rich] and 60,000-square-foot indoor
water park [for members only]; a second hotel; 27,000
square feet of commercial and retail space; and two
marinas." [And don't forget the new posh
condominiums that will over take the community.]

"Jack Nicklaus describes his plans for the centerpiece
of Harbor Shores, a top-flight public golf course,
during a taped video presentation Monday." Nicklaus
meant to say a top-flight private elegant golf course
for the rich only.

Jack Nicklaus design involvement in the Harbor Shores
take-over of Benton Harbor began over four years ago.
Nicklaus's company reviews dozens of potential
projects world wide every year and does not engage in
everyone of them. But Harbor Shores was very
appealing for various reasons. One, the 530 acres of
beautiful land for almost no money. It was a steal.
Second, given the many design locations that were
considered over the past four years, the most recent
design plan has been an exhaustive effort including
three holes in Benton Harbor Jean Klock Park beach.
Without these holes as depicted in the current design,
the course and overall development would fall short of
being marketed as a world class desination.

Mark Mitchell, Alliance for World Class Community,
has failed the city of Benton Harbor by refusing to
tell the residents the truth. There will be no
training and no jobs, directly or indirectly. No
renovation of homes for the citizens of Benton Harbor.
There will be a direct take over of Benton Harbor, a
city that is 96%

The development project in Benton Harbor, a city
controlled by Whirlpool, will convert our Jean Klock
Park beach, the only place in the city that provides
public access to Lake Michigan into a golf course for
the very rich.

Jean Klock Park beach provides the only place where
the African-American residents of Benton Harbor can
freely enjoy the environment, open space dunes and on
the beautiful beach of the Lake within Benton Harbor
city limits. The environmental impact of the proposed
private golf course will be devastating to the
African-American community. The filling in of
wetlands have a negative impact on the environment of
the community. The wetlands and the pesticide usage
would have a detrimental impact on city residents,
waterways, and wildlife. Pesticides will be
devastating to the city of Benton Harbor.

The developers, Governor Granholm, Benton Harbor city
commissioners, and others supporting this take over of
Benton Harbor can not hide from the truth forever.
The Harbor Shores take over will turn jean klock park
into a private golf course and drive the residents of
Benton Harbor completely out of the city.

My question to the governor: what if the governor of
Michigan spent a fraction of the tax payers dollars
she is pouring into Harbor Shores on employment and
education for the residents of Benton Harbor? The
problem is simple: Harbor Shores development is for
the rich. Corporate greed is placed ahead of the
peoples' need. Let us fight this take-over.

Saturday, June 02, 2007

Distinguished Members of the Senate Judiciary

I am writing because of a number of serious concerns I
have over the nomination of Judge Paul Maloney to the
Federal Court. Based on these issues, I ask you to
deny his appointment. The justification for this
request is as follows:

1. Illegally accepting campaign contributions for
Governor John Engler's Leadership PAC in 2000. I have
attached the most pertinent campaign finance
disclosure records. For further information see MI
committee id # 509688-9 for Maloney and MI Committee #
509596-6 for John Engler. The activity in question
involves the 10/2/00 refund check for $9,850 sent by
the Maloney Committee to Gov. Engler due to excessive
campaign contributions, and the $15,750 contribution
Maloney accepted from same PAC on 10/27/00. I have
also attached information regarding a questionable
$175,000 loan from McKinley Associates (i.e. Mr. Ron
Wieser) to Gov. Engler's PAC on 10/20/00 which
provided the funds necessary for the $15,750
contribution to Maloney on 10/27/00.

2. Possible criminal negligence in failing to
ascertain the facts regarding a 2005 recall election
in which, he set aside a Board of Canvassers Certified
election. (The People Vs. Jean Nesbitt case number
2005-2899-AW). The recall election was organized by
Reverend Edward Pinkney. Rev. Pinkney motivation for
organizing the recall election is twofold. The
commissioner facing recall blocked an investigation
into the known illegal action of the Benton Harbor,
Michigan Chief of police. Secondly, the commissioner
in question represented the critical vote in the sale
of 520 acres of Benton Harbor's river and lake front
land to the Harbor Shore developer for less than one
million dollars. This is far below the going market
rate for the quality and quantity of land sold. The
latter is also the reason the campaign financing
records of Paul Maloney should be carefully examined.
Obvious examples of Paul Maloney's negligence include:

A. Denying a motion to intervene by an attorney hired
by residents of Benton Harbor, Michigan to represent
the majority will in the 2/22/05 election. He ruled,
“the case will be vigorously litigated, therefore,
there is no actual or potential for inadequate
representation.” Upon examination of the trial tapes
you will find:
i. A lack of cross examination of approx 2/3 of
witnesses when the testimony of many witnesses was if
not right out lies, at least highly suspect.
ii. Failure to call critical parties to testify before
his Court. This includes any member of the Board of
Canvassers, a majority of alleged victims of voter
fraud, and the person alleged with organizing the said
fraud, Rev. Edward Pinkney. Rev. Pinkney in fact,
could have provided essential evidence, including DNA
and a polygraph that would have contradicted the most
important alleged evidence of the prosecution.
iii. Allowing the prosecutor to admit numerous
exhibits based on testimony of a witness who stated
information that was impossible for the witness to
know (see tape at time: 13:58.28, 4/12/05). For
example, the prosecutor asks “do you know James
Cooper?” The witness responds, “not by name.” Then the
people ask, “do you know if he voted at that time from
the soup kitchen?” The witness answers, “I don't
know,” The next question was “do you recognize that
person as someone voting from the soup kitchen?”
“Yes,” the witness responds. And that exhibit was
allowed to be admitted into evidence without any
further questioning and no objection! Immediately one
notices three problems with this type of standard for
truth in court. First, it is not possible for someone
lacking the capacity to identify a person by name to
thirty seconds later recognize their signature.
Furthermore, the witness stated she did not know if
James Cooper was from the soup kitchen; but then, as
if by magic, she can recognize his signature and know
that he came from the soup kitchen. And these
contradictory statements are accepted as the standard
of proof! Here is a crystal clear example of Maloney
letting falsity stand for fact. Now, and this is the
second problem, a major argument the prosecution
raised against the Benton Harbor clerk was alleging
the clerk failed to check the voter application
signature against the signature on the “master
registration card.” Think about that for a minute. How
is it that the prosecutor can argue that because the
Clerk provided the opportunity for fraud in failing to
verify a voter's signature against a reference card,
then turn around to argue that a witness's
identification of a signature - of a person whose name
she couldn't identify - should be taken as proof?
Finally the third problem is the fact that no person
voting at the polls has their signature checked
against a registration card. Any voter need only
produce their name. Does the State claim that these
votes should too be thrown out because the State can't
trust that the voter is who they claim? If not
verifying the signature of voters was the standard,
not a single vote in any Michigan election would
count. Not a single one of these serious issues were
ever mentioned. These contradictory “proofs” and
inconsistent standards for voter identification were
admitted without objection from either the defense or
questions from the judge. And this type of behavior is
supposed to earn judge Maloney more power!
iv. Failing to inquire about the sworn testimony by a
witness indicating police manipulation and
intimidation of persons during the investigation stage
(see tape at time: 11:50.00, date 4/13/05).

B. An insufficient number of challengeable
votes to overturn the recall election. The number of
alleged fraudulent ballots did not reach the
mathematical bright line necessary to affect the
election outcome. The margin for recall was 51 votes.
Even if you accept Maloney's statement made in his
judgment that 27 votes were invalid based on
defendants concession there still remained a 24 vote
margin, not enough to set aside an election. If there
had been adequate representation for the majority of
Benton Harbor voters the number of conceded ballots
would have been far below 27. I counted only 3 votes
that necessitated invalidation because they involved
errors in mandatory provision. The remaining ballots
fell within the category of failing to follow
directory provisions. The signature issue for example.
Michigan law declares that errors involving directory
rules is not a sufficient reason to invalidate those
As a poll inspector and as citizen committed to
democracy, I find his judgment woefully unsupported by
the facts in this case. Don't just believe me though
examine the tapes yourselves. I have included copies
of the tapes, as well as the tape date and time for
all examples cited above for your convenience. These
represent just a few examples of Paul Maloney's utter
lack of care in establishing the relevant facts in a
decision that extended judicial power into legislative
territory. Maloney declared the case was to be decided
based on the “totality of the circumstances.” How is
this possible without the testimony from all essential
parties? If the totality of circumstances were to be
used as the basis for his judgment, why did he fail to
obtain evidence necessary to base his decision on that
totality? I can think of only one reason. If the
committee decides to make a diligent inquiry into this
matter, I doubt it will fail to reach the same
The day after election trial, Rev. Pinkney was
arrested. Surely some reason was needed in order to
justify this blatantly illegal judgment. Rev. Pinkney
actions represented, in the words of the defense, “an
outside political wind.” In part, this is correct.
Indeed, there was a strong wind blowing, a wind that
blew out of office a commissioner who exemplified
local corruption; however, Rev. Pinkney is a legal
resident of Benton Harbor. It is also true that Rev.
Pinkney proved to represent a serious challenge to the
local power structure. In that sense then, there is
outside political wind blowing. But do not be deceived
by the cunningness of the fox, for their files are
empty. This was simply a case of smoke and mirrors
that any federal judge must have the capacity to see
through. Listen to the charges for a moment. The State
alledges he paid people $5.00 to vote. Rev Pinkney
claims, a claim supported by a polygraph, that he paid
people $5.00 to distribute fliers.
I am quite confident that every member of this
committee paid at least one campaign worker. I'd also
go out on a limb and assume that more than $5.00 was
paid to your campaign employees. Please excuse me for
this assumption if it proves incorrect. Now, your
paying campaign workers and Rev. Pinkney paying for
the distribution of fliers are functionally
equivalent. At least, I can't see how their different.
If anyone can tell me how these two activities are not
equivalent please let me know. The second charge, a
felony mind you, is that Rev. Pinkney was in
possession of absentee ballots. Reflect on that for a
moment. So what if Pinkney enables people to exercise
their right to vote by giving legal voters postage
stamps and placing them in the mail, as the
prosecution contends. In fact, this latter charge is
also one Pinkney denies - a claim that is supported by
a polygraph test. But that's not the important issue.
It is what is called a false problem. Why? Because no
one ever accused Pinkney of intimidation or
harassment, nor did the State claim that he altered
any of the ballots he is accused of being in
procession of. Given the disenfranchisement that
plagues Benton Harbor, the fact Pinkney was enabling
people to vote should be encouraged.
This brings us to another serious problem in the civil
trial. One reason given by Maloney for setting aside
the election was the “suspiciously high number of
absentee ballots.” One again this is a false issue.
The real question is why there wasn't 100% voter
turnout. But then that too must be evidence for
invalidating the election. If one adheres to Maloney's
line of reasoning, full participation must represent
evidence of fraud if 47% participation does. Civic
participation must be encouraged. People who enable
others to exercise their voting rights must be honored
not criminalized. Sadly, the criminalization of civic
participation is exactly what is happening here.
Finally, even if you accept the prosecutions argument
that Rev. Pinkney paid voters $5.00 to vote, the only
difference between the Reverends action's and Maloney
accepting contributions from Congressman Fred Upton is
one of degree. Since the Upton family contributed
$1,300 to Maloney's campaign, and the fact that the
successful recall election would have blocked the sale
of Benton Harbor land to a corporation established by
Whirlpool - a corporation founded by the Upton's
grandfather. Now, who is buying whom here? Which
action again is more questionable? Rev. Pinkney denies
he paid anyone to vote, but Maloney cannot hide his
campaign finance records.
It is the duty of this committee to safeguard the
people from this complacent, biased, or outright
corrupt judge. Based on the evidence discussed above,
I ask you to deny giving Paul Maloney even greater
power by rejecting his nomination for appointment to
the Federal Court. I would also recommend that the
committee consider appointing a special investigative
team into Maloney's campaign contributions as they
might be the motivation for the election ruling.
Democracy must be defended. I seriously doubt Paul
Maloney ability to provide that defense given his
actions. If the committee requires any further
information I can be reach by e-mail:
or by phone (269) 921-0591. Thank you for your


Armin C. Schleiffarth