Tuesday, June 16, 2015

Corruption Rolls On!

In the criminal (in)justice system in Berrien County Judge Schrock says that prison would do white people no good. 

There is no racial equality in our criminal justice system, including the judicial and the prosecutorial decision making.

A recent review by the Vera Institute of Justice found significant evidence that even after controlling for both legal and extra-legal factors, minority defendants are more likely than white defendants accused of similar crimes to be prosecuted, to be held in pretrial detention, to receive higher bail, and to be sent to prison. This is especially true in Berrien County, Michigan.

Another study, by the U.S. Sentencing Commission, found that black men receive sentences that are, on average, 30 percent longer than those given to white men found guilty of committing the same crimes. In some cases the differences are much greater, including those instances when black men are sentenced to prison while white men are granted probation and community service.

I can give one example. A white young boy murdered his step-father by beating him to death and Judge Sterling Schrock gave him probation. He said prison would do him "no good." On the very same day, a young black boy who had killed a white man was given life without the possibility of parole, plus an extra ten years. Then another young man was given 15 years in the same case. He had nothing to do with the murder, and was only seen on tape speaking to the boy. Then a very young girl, only 16 years old, who was also seen speaking to the boy, was given 10 years in prison.

A separate report from the Sentencing Project found that young black defendants were 48% more likely to be sentenced to prison than were young white defendants convicted of the same crime.

These findings are deeply disturbing. Racial differences are not supposed to influence the decisions made by prosecutors and judges, but they clearly do. The judges and prosecutors in Berrien County are rogue. They ignore the law and evidence and base their decision on unrevealed, deeply-held prejudices, not on a desire to achieve a just, fair, moral outcome.

Berrien County prosecutors and judges are racist, including in their decisions on whether or not to prosecute, what charges to bring, and length of sentence.

The first step is to start sending judges and prosecutors to prison. We must say enough is enough.

Rev. Pinkney

Monday, June 15, 2015

The Forensic Is a Fraud

The U.S. Department of Justice (DOJ) and the FBI have formally acknowledged that 26 of 28 examiners in the FBI's Laboratory Unit gave flawed testimony in almost all trials in which they offered evidence in the two-decade period before 2000. The testimony overstated forensic evidence in ways that favored prosecutors in more than 95% of 268 trials reviewed so far. There are many cases where the forensic expert overstates the evidence or just outright lies.

This information was provided by the National Association of Criminal Defense Lawyers and the Innocence Project, both of which are assisting with the post-conviction review of questioned evidence, under their agreement with the government. They were to release findings after reviewing the first 200 convictions. Of the cases reviewed, 33 resulted in death sentences and 9 of those defendants have been executed. 5 died of unknown causes while on death row. 4 defendants were previously exonerated.

In Rev. Edward Pinkney's trial, forensic expert Sgt. Goff could only say that two inks were used on the recall petitions. He claimed somebody changed the dates in the middle of the page, which makes no sense at all, on two recall petitions. Sgt. Goff, who is nothing but a hired gun for the prosecutor, overstated the evidence in a way that favored the prosecutor. This is another case where the forensic expert overstated the evidence.

Forensic evidence is evidence used in court, evidence arrived at by scientific means. The problem is that over 90% of the time the forensic expert overstates the evidence or fabricates evidence in favor of the prosecutor.

In order for a trial court to submit a case to the jury on an aiding and abetting theory, there must be constitutionally sufficient evidence that a person other than Rev. Pinkney committed the crime as principal and that Rev. Pinkney aided and abetted that person. Although there was not sufficient evidence to allow charges to be submitted to the jury on an aiding and abetting theory, Berrien County Trial Court committed a critical error by giving an aiding and abetting instruction to the all-white jury, motivated by something other than the truth. This conviction must be reversed.

The Berrien County (in)justice system is nothing but a criminal enterprise which has been operating for years in Berrien County, with a group of criminals running the system. We must stand up to them and say enough is enough!

-Rev. Pinkney

Saturday, June 13, 2015

Urgent: From Italy to Benton Harbor, the Same Struggle Against Whirlpool

Judge Ferdinando Imposimato, Honorary President of Italy’s Supreme Court, Is First Signatory of Call to Support Italian Metal Workers Striking Whirlpool on June 12 to Keep Their Jobs and Rev. Edward Pinkney of Benton Harbor, Michigan, Fighting to Free a Whirlpool Company Town

From Varese, Italy to Benton Harbor, Michigan: The Same Struggle Against Whirlpool

Webster G. Tarpley, Ph.D.
TARPLEY.net
June 12, 2015
Ferdinando Imposimato


Having examined a summary of the legal action against Reverend Edward Pinkney of Benton Harbor, Michigan (USA), I feel the duty to express my gravest concern about abuses of civil and human rights against this of this minister of the gospel, who is at the same time the main leader of popular resistance against the anti-freedom regime imposed in that area by the multinational corporation Whirlpool, which has its world headquarters precisely in Benton Harbor.

Whirlpool represents the largest appliance company in the Western world. Pinkney was indicted with the accusation of having forged the dates of a few signatures on petitions circulated to recall Mayor Hightower, a Whirlpool ally, and force him to justify his behavior in office before the voters through the device of calling an early election. Pinkney was sentenced to up to 10 years’ imprisonment, despite the absolute absence of any proof against him. Normally, according to Michigan law, this entire matter would have been considered a misdemeanor, but in order to take down Pinkney, the head of the opposition in the city, this charge was inflated to the level of being an extremely serious felony. In addition, Pinkney’s trial was polluted by so many intrigues among the judge, the sheriff, the county officials, and a member of the jury who committed perjury, all of which makes Pinkney’s conviction invalid, and requires that it be struck down, in my opinion.

In recent days, I have seen the beginnings in Italy of that same process of urban degradation and economic impoverishment which has ruined the city of Benton Harbor. In recent years, Whirlpool has bought up large chunks of our splendid Italian appliance industry, including especially the appliance manufacturer Indesit. Now, Whirlpool executives have issued a proclamation from Benton Harbor announcing with absolute arrogance that they intend to wipe out about 2,000 jobs, which means more than a third of the current personnel of the Italian branch of Whirlpool. This mass firing would be a devastating blow for Varese, Caserta, Turin, Naples, Siena, and the other Italian cities which Whirlpool is targeting.

We have to ask ourselves if Whirlpool is trying to drive these Italian cities down to the same level of plantations of despair which we observe today in Benton Harbor. God forbid!

I therefore call on the Italian government to intervene to protect these jobs in our country. The Italian government should call in the American ambassador in Rome and demand explanations about the Pinkney case, emphatically reminding him that the United States, as signatories along with Italy of the Final Act of the Helsinki Treaty (1975) are required to respect human rights and civil rights, with voting rights at the top of the list — meaning exactly the right which Reverend Pinckney was attempting to exercise.

Ferdinando Imposimato, Honorary President of the Supreme Court of Italy, anti-terror and anti-Mafia investigator, former candidate for President of the Italian Republic

http://tarpley.net/judge-ferdinando-imposimato-first-signatory-to-support-italian-metal-workers-and-rev-pinkney/

Monday, June 08, 2015

Innocent and still in prison: Rev. Pinkney on Mass Incarceration

Rev. Pinkney appreciates all mail.  Any length, any topic!

Rev. Edward Pinkney
Lakeland Prison
Rev. Edward Pinkney # 294671
141 First Street
Coldwater, Michigan 49036

Incarceration facts from 2013 still relevant:                                           An Introduction to Rev. Pinkneys article
- The U.S. prison population is more than 2.4 million.
- That's more than quadrupled since 1980.
- That means more than one out of every 100 American adults is behind bars.
- About 14 percent of the prison population is in federal prison -- that's the group Holder is talking about.
- The single largest driver in the increase in the federal prison population since 1998 is longer sentences for drug offenders.
- The average inmate in minimum-security federal prison costs $21,000 each year. The average inmate in maximum-security federal prisons costs $33,000 each year.
- Federal prison costs are expected to rise to 30 percent of the Department of Justice's budget by 2020 .
-  Sens. Dick Durbin, Pat Leahy, Mike Lee, and Rand Paul have all endorsed legislation to give federal judges more flexibility when sentencing non-violent offenders. Holder backs the bill, too.
- The most serious charge against 51 percent of those inmates is a drug offense. Only four percent are in for robbery and only one percent are in for homicide.
- The most serious charge against 20 percent of state-prison inmates is a drug offense. That's much lower than the 51 percent in federal prisons, though it's still larger than any other single category of offense in state prisons.
- At least 17 states are currently experimenting with Holder-like reforms.
http://www.washingtonpost.com/blogs/wonkblog/wp/2013/08/13/wonkbook-11-facts-about-americas-prison-population/



Mass Incarceration

According to the New York Times, the US prison population has quadrupled to 25 million.  It is the largest prison population in the world and is 5 to 10 times the incarceration rate of other "democracies."  More than half of state prisoners are serving time for nonviolent offenses;  one in nine is serving a life sentence.

Mass incarceration is often viewed in three major categories:  reducing the number of people entering prison, reducing the length of time persons remain in prison, and reducing the number of people who return to prison.

There are many ways to approach the problem:  1. stop discriminating against people of color.  2. change sentencing guidelines to stress restorative justice  3. provide alternatives to incarceration - and not just for the whites, but for everyone.  We must improve our legal defense system which is ranked one of the worst in the country.  We must hold officials accountable for their action and inaction of wrongdoing.  We must ensure that all eligible persons have access to problem-solving courts (drug, mental health, and vets) and reduce wrongful convictions.  Berrien County leads in wrongful convictions only because there are no check and balances in place.  The judges and prosecutors are the main criminals involved.  We must initiate presumptive parole and truth in sentencing, and implement good time to all prisoners.  When Michigan’s truth in sentencing law was enacted, it went further than nearly every other state in the country.  Instead of requiring people to serve 75% of the minimum sentence in a prison, Michigan requires someone to serve 100% of the minimum sentence in a secure facility.

During Gov. Granholm’s administration, a bill was introduced that would have reinstated good time, allowing someone to be paroled prior to the earliest release date, making Michigan consistent with most other states.  The bill, which was supported by the Dept. of Corrections and opposed by the corrupt prosecutor, did not get through the legislature.  It is time to reconsider reinstating good time.  

We must do something about the high rate of incarceration in Berrien County and the country.  We cannot do it without your help.  We must say enough is enough.  American hypocricy has no limit!

Rev. Pinkney



Monday, June 01, 2015

“We have to educate the people,” says Rev. Pinkney from prison



By Rev. Edward Pinkney

Jill Stein, Green Party presidential candidate in 2012, speaking at rally to Free Pinkney outside Berrien County Courthouse.
PHOTO/SANDY REID, PEOPLE’S TRIBUNE
I want to talk about the hearing on April 14. It was a major victory for us. We exposed a corrupt system. It showed they will do anything to crush you. They will lie, cheat, even kill, if necessary. We, the people, had the opportunity to actually see them in operation. The judge and the prosecutor work hand in hand with one goal: to keep me in prison for a crime that was never committed.
We’re dealing with people, government and the corporations—all working together. It is a true example of fascism. Nobody would believe that they would go to such extremes to keep the people down. It’s the rich against poor, the haves against the have-nots.
We must continue to fight this battle until the people understand. We must start educating the people so they will know exactly what to do. This is not conflict. We are at war. We must continue this fight until we win. There are more of us than them.
The problem is we are not educating the people enough so they can stand up and fight for what is right. Even here at Lakeland Correctional Facility, the people have been beat down so low they can hardly walk around with their head up. The medical conditions are unheard of. Michigan does not have a death penalty, but if you get sick here, you have almost a 75% chance of dying. I can’t imagine anything worse than being in prison. The conditions are unheard of. Food has been served with rocks and bugs in it. They have thrown food in the garbage and served it to the prisoners.  Nobody deserves the cruel and unusual punishment that the people are receiving.
The poverty in the country and the prison system is going to get worse before it gets better unless the people around the country take a stand and say, “no more.”
We must continue to fight for each and every one and educate them on the things they need to know. We only get information that they want to give us. We have to reach out to other sections of the population falling into poverty. We have to get out newspapers like the People’s Tribune to help motivate us and take us to a whole different level.
The fight has just begun. We have no intention of stopping. Enough is enough.
Oh my friends, if there is one thing we must see today, it is that these are revolutionary times. All over the world, men and women, as never before, are rising up against the old systems of exploitation and oppression. Out of the wounds of a frail world, a new system of justice and equality will be born.
I speak out against injustice, not in anger, but with anxiety and sorrow in my heart, and above all, with a passionate desire to see our beloved country stand as a moral example to the world.
We must stand together, Black, White, Red, Brown, and all others.

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http://peoplestribune.org/pt-news/2015/05/we-have-to-educate-the-people-says-rev-pinkney-from-prison/