Wednesday, July 15, 2009

The Appeals Court decision was handed down this week.
Rev. Pinkney won the Probation Violation -- Free Speech -- issue (violating his probation by writing an article). He spent over a year in 8 Michigan prisons because the powers in Berrien County wanted to remove him, albiet illegally.

All of Berrien County Judge Dennis Wiley's decisions are rescinded by the Appeals Court. This includes the decision to imprison Pinkney.

As for the voter charges, the Appeals court denied Pinkney a new trial. The decision states that Berrien County committed 13 errors which were "harmless." Rev. Pinkney says that all of the errors were, in fact, harmful.

The decision states, in part:

Judge Butzbaugh agrees that the paraphase of Deuteronomy 28 is not defensible as anything other than hyperbole and that the paraphase could not serve as a lawful basis for revoking defendant probation.[yet Wiley sent Pinkney to prison for a threat, and revoked his probation]

To the extent the prohibition of defamatory and demeaning behavior impinges on defendant's First Amendment rights, the prohibition was not proper as it was not directly related to defendant's rehabilitation nor to the protection of the public.
Because the prohibition was not proper, the trial court abused its discretion in revoking defendant probation, the order revoking defendant probation is reversed.