Wednesday, January 13, 2010

Another Victory And Another Defeat

By Attorney Hugh “Buck” Davis

The Berrien County Circuit Court finally acknowledged Reverend Edward Pinkney’s victory in the Court of Appeals on his “biblical prophecy” probation violation, but continued draconian conditions of probation amounting to house arrest, even though those conditions were not in the original probation order and no notice or due process hearing had been held on them. As the National Lawyers Guild and the ACLU prepared to appeal those conditions, Judge Butzbaugh “remembered” that they had not been a part of the original probation order and modified them on his own, while maintaining the prohibition against Pinkney coming within 1,000 feet of the courthouse, the judge or his home, as well as prohibiting him from speaking in a “demeaning” manner about the City of Benton Harbor, or its officials. Doug Mulkoff is going to appeal those conditions

When Kelly Flint, acting as Pinkney’s clemency counsel, called the Governor’s office recently, she was informed that Governor Granholm had denied Pinkney’s clemency petition on July 20, 2009. The Parole Board claimed that Pinkney had been informed. He had not. He was in prison and his wife was always at home. No letter came from the Governor or the Parole Board denying commutation.

Regardless, we are eligible to reapply in April 2010, and Pinkney plans to file again. If Pinkney fails in his pending application to the Supreme Court on the underlying violation and/or subsequent habeas corpus petition, he could renew the clemency process in the form of a request for a pardon.
-- Pinkney is now free to travel. He will speak in Detroit on January 18, at 12 noon, at the Martin Luther King Day Rally and March for Jobs, Peace and Justice at Central United Methodist Church, 23 East Adams at Woodward (contact 313-702-5558).