Courts

CUNY-Educated Judge Punishes Attorney That Helped Students

January 7, 2016 Mitchel Cohen, www.queensfreepress.com Resist! College, Courts, New York (NY), Student Activism

By Mitchel Cohen for Queens Free Press - New York City Council Member Ydanis Rodriguez is one of 154 City University of New York alumni, faculty and community members calling on the federal appeals court in New York City to convene a rare special session of all thirteen judges to reverse a court order that devastated an elderly lawyer who represented Rodriguez and hundreds of other CUNY students. Ron McGuire, Esq. is a 67-year-old attorney who represented Rodriguez decades ago, when the progressive City Council member from upper Manhattan was a City College student and community organizer.

Top Chicago Lawyer Lied In Police Killing Trial, Resigns

January 6, 2016 Vishakha Sonawane, www.ibtimes.com Resist! Chicago, Corruption, Courts, killed by police, Police violence

By Vishakha Sonawane for IBT - Chicago’s top lawyer resigned Monday after a federal judge accused him of concealing evidence in a civil case about a fatal police shooting during a traffic stop in 2011. U.S. District Judge Edmond Chang’s remarks against Jordan Marsh came while the former dismissed a jury’s April 2015 verdict, which justified the police shooting. During trial, officers Raoul Mosqueda and Gildardo Sierra said they stopped Darius Pinex, a black man, because his car fit the description of a vehicle suspected of involvement in an earlier shooting. They said they shot Pinex after he did not follow orders and put his car in reverse.

Tamir Rice’s Mother Calls Out ‘Corrupt’ Criminal Justice System

January 5, 2016 Lilly Workneh, www.huffingtonpost.com Resist! Courts, killed by police, Police violence, Racism, Tamir Rice

By Lilly Workneh for The Huffington Post - Samaria Rice said she is "mad as hell" over a grand jury's decision not to indict two Cleveland cops involved in the fatal shooting of her 12-year-old son Tamir. “Due to the corrupt system, I have a dead child. I felt as if breath has been taken out of my body once again," she told MSNBC's Melissa Harris-Perry Saturday."It's a struggle." Rookie patrolman Timothy Loehman shot Rice on Nov. 22, 2014 near a Cleveland recreation center. Rice, who had been playing with a toy pellet gun, died moments later.

Mumia Commentary On The Killing Of Tamir Rice

December 29, 2015 Mumia Abu Jamal, www.fsrn.org Resist! #BlackLivesMatter, Black Lives Matter (BLM), Courts, killed by police, Mumia Abu-Jamal, Racism, Tamir Rice

By Mumia Abu Jamal for Prison Nation on Free Speech Radio: Cleveland officials announce no charges to be files in the police killing of 12-year-old Tamir Rice. There is something shattering about the death, the killing, of a child. When a child dies the natural order is torn, the stars weep and the earth quakes. We have become so accustomed to this system we suppose it is natural instead of a human imposition. Politicians in the pocket of so called police unions bow before bags of silver and blink away the death of a child – especially if a black child. This should inspire movements worldwide to fight like never before. For something vile has happened before our eyes. A child has been killed, and in America – because it’s a black child – it means next to nothing.

Tamir Rice: No Indictment Of Police Officers

December 28, 2015 Cory Shaffer, www.cleveland.com Educate! Courts, Grand Jury, killed by police

By Cory Shaffer for the Cleveland Plain Dealer. A Cuyahoga County grand jury on Monday elected not to bring criminal charges against the two Cleveland police officers involved in last year's fatal shooting of 12-year-old Tamir Rice. The decision not to indict officers Timothy Loehmann and Frank Garmback brings to an end a months-long criminal investigation into the high-profile shooting. Monday's decision comes more than 13 months after the shooting, which catapulted Cleveland into the national debate about police use of force. Cuyahoga County Prosecutor Timothy J. McGinty's oversight of the grand jury process drew criticism. Officer Garmback drove the police cruiser into the park toward the gazebo where Tamir had been sitting. The boy approached the car with his hands toward his waist. Loehmann jumped from the passenger side of the cruiser and fired twice. The entire interaction, captured by a city-owned surveillance camera, lasted less than two seconds. Loehmann wrote that he shouted four times for Tamir to show his hands before he opened fire.

Grand Jury Could Still Snare Trooper Who Arrested Sandra Bland

December 27, 2015 Michael McLaughlin, www.huffingtonpost.com Resist! Courts, killed by police, Police abuse

By Michael McLaughlin for the Huffington Post. A Texas grand jury next month may consider whether the state trooper who threatened Sandra Bland with a stun gun during a routine traffic stop last July should face charges related to the incident. After the same grand jury chose this week not to indict any officials from the sheriff's department or county jail where Bland died, her family's attorney, Cannon Lambert, called on federal prosecutors Tuesday to seek charges against the trooper. The special prosecutor handling the case said that trooper Brian Encinia's conduct during the violent altercation could be the focus of the grand jury when it meets again next month. Encinia, who is white, was filmed on his patrol car's dashcam threatening Bland, an African American, with a stun gun during her arrest on July 10. Bland's family and supporters called Tuesday for federal charges against Encinia.

Newsletter: 10 Shocking Realities of the TPP; Join The Revolt

November 8, 2015 Kevin Zeese and Margaret Flowers, www.PopularResistance.org Newsletter Climate Change, Courts, Environment, Food Safety, Immigration, Internet, Internet Freedom, TPP, Trade tribunals, Wages, Wealth Ineqaulity

By Kevin Zeese and Margaret Flowers. Finally, the text of the TPP has been released. It is not as bad as we expected – it is worse. Now we see why the US Trade Representative and President Obama wanted to keep the TPP secret for four years after it was ratified. It if had not been for a very aggressive fight against fast track trade authority in which hundreds of thousands of people participated, we would not be seeing the text. One of the compromises they had to make in order to get just enough votes to pass fast track was to agree to release the text publicly for 60 days before Congress officially began to consider ratification. Why did they want to keep it secret? Because they knew that if the people saw the text it had much less chance of becoming law. Here are 10 examples of things they wanted you not to know.

Young Justice: Inside The Red Hook Youth Court

November 1, 2015 www.bkmag.com Create! Courts, Juveniles

By Natalie Rinn for Brooklyn Magazine - Red Hook Youth Court is one of five operating Youth Courts in the city; other locations are in Queens, Staten Island, Harlem, Brownsville, and Newark. Youth Courts in New York operate in partnership with Community Justice Centers, like the one in Red Hook. (Many Youth Courts have popped up across the country in the past decade, though the one in Red Hook was both the city’s and one of the country’s first.) The overall directive of Community Justice Centers, which are supported by private and public partnerships, is to provide more effective and humane alternatives to detention, whenever possible. The Justice Center in Red Hook opened in June 2000, though the Youth Court had been established two years before that. Rather than herding young people into an overcrowded and frequently immoderately punitive system, Youth Court members deliver rehabilitative sanctions to teens for misdemeanors in an effort to nudge them back on track early on, before things have a chance to get really bad.

Denver Court Bans Protests At Courthouse Over Jury Nullification

September 6, 2015 Ethan M. Long, www.rebelnews.com Resist! Courts, Freedom of Speech and Assembly, Jury Nullification

By Ethan M. Long for Rebel News - There is a battle brewing in Denver, CO. between the City, the Second Judicial District Court, and protesters. The problem: a controversial court order issued on August 14 that makes protesting of any kind prohibited both inside and outside the courthouse. “Apparently a minor turf war has erupted between Denver and the Second Judicial District over control of the Courthouse grounds,” writes Federal Judge William J. Martinez in his decision of a lawsuit brought against the City and the Second Judicial District by protesters planning on handing out pamphlets outside of the Lindsey-Flanigan Courthouse. This decision was handed down on August 25. It was the same two pamphlets, “Fresh Air for Justice,” and “Your Jury Rights: True or False?”, which spurred the court order, CJO 15-1 (a.k.a the “Plaza Order”) in the first place.

Baltimore Protester Arrested At Freddie Gray Court Hearing

September 2, 2015 Nicky Woolf, www.theguardian.com Resist! Courts, Criminal Justice, Freddie Gray, killed by police, Police violence, Racism

By Nicky Woolf for the Guardian - At the first pre-trial hearing in the Freddie Gray murder trial. Judge Barry Glenn Williams denied a motion to dismiss the charges and ruled that State's Attorney Marilyn Mosby does not have to recuse herself from the case. These were two of the three demands of the protesters seeking justice for Freddie Gray. The third demand is the critical issue of whether there will be a change of venue. That issue will not be heard until September 10th. There were dozens of protesters outside the courthouse who later marched through the streets of downtown Baltimore. The protests briefly shut down intersections and all was going smoothly until the police arrested one person who was trying to lead the group back to the courthouse.

Young Black Man Jailed 4 Months For Alleged $5 Theft Found Dead

August 30, 2015 Jon Swaine, www.theguardian.com Educate! Courts, Prisons, Racism

By Jon Swaine for the Guardian - A young black man arrested by police in Portsmouth, Virginia, has been found dead in jail after spending almost four months behind bars without bail for stealing groceries worth $5. Mitchell’s family said they believed he starved to death after refusing meals and medication at the jail, where he was being held on misdemeanour charges of petty larceny and trespassing. A clerk at Portsmouth district court said Mitchell was accused of stealing a bottle of Mountain Dew, a Snickers bar and a Zebra Cake worth a total of $5 from a 7-Eleven. When asked which state agency was ultimately responsible for ensuring Mitchell was transferred to the hospital, the court clerk said: “It’s hard to tell who’s responsible for it.” Officials from the court, the police department and the jail could not explain why Mitchell was not given the opportunity to be released on bail.

Judges Ruling In Favor Of KXL Had Tar Sands Investments

August 16, 2015 Steve Horn, www.desmogblog.com Educate! Corruption, Courts, Tar Sands

By Steve Horn for Desmog Blog - On August 4, the U.S. Appeals Court for the 10th Circuit shot down the Sierra Club's petition for rehearing motion for the southern leg of TransCanada'sKeystone XL tar sands export pipeline. The decision effectively writes the final chapter of a years-long legal battle in federal courts. But one of the three judges who made the ruling, Bobby Ray Baldock — a Ronald Reagan nominee — has tens of thousands of dollars invested in royalties for oil companies with a major stake in tar sands production in Alberta. And his fellow Reagan nominee in the Western District of Oklahoma predecessor case,David Russell, also has skin in the oil investments game. The disclosures raise questions concerning legal objectivity, or potential lack thereof, for the Judges.

People From Seattle To Fiji Are Filing Lawsuits Over Global Warming

July 19, 2015 Emily Schwartz Greco, www.otherwords.org Resist! Climate Change, Courts

By Emily Schwartz Greco for Other Words - Slashing climate pollution may take something new — like suing governments for failing to shield their constituents from a climate catastrophe and prosecuting the oil, gas, and coal industries for this mess. Ultimately, climate lawyers could replicate successes scored withtobacco litigation and the legal actions that brought about marriage equality. The biggest breakthrough came right after the Washington ruling when a Dutch court ordered the government of the Netherlands to reduce that nation’s emissions by 25 percent within five years. As the low-lying nation currently aims for only a 17 percent cut, this case filed on behalf of 900 people marked a global precedent. More lawsuits are in the pipeline. One pits South Pacific islanders whose countries are threatened by rising sea levels against big oil companies. These folks from Vanuatu, Kiribati, Tuvalu, Fiji, the Solomon Islands, and the Philippines may already have Exhibit A.

Undocumented Immigrants Rally In New Orleans, Waiting For Relief

July 12, 2015 Elise Foley, www.huffingtonpost.com Resist! Courts, Deportation, Immigration

By Elise Foley for the Huffington Post - Hundreds of immigration advocates, some of them undocumented, waited hours outside a New Orleans courthouse on Friday as a federal appeals panel heard arguments on President Barack Obama's deportation relief. And now they must wait as the U.S. Court of Appeals for the 5th Circuit decides whether the deportation relief programs can go into effect even as a lawsuit from 26 states seeks to block them. The advocates expect to wait some more if the appeals court ruling doesn't go their way -- they think it won't, given the soundly conservative records of two of the three judges on the panel -- or even if it does. However the decision comes down, one side or the other will likely appeal to the Supreme Court. The deportation reprieve that Obama promised by executive action in November, which was set to begin this spring, isn't coming anytime soon. Still, undocumented immigrants went to New Orleans to show they haven't lost faith that it will come eventually.

Judge Probes Claim Of Evidence Destruction In NSA Leak Prosecution

July 5, 2015 Marisa Taylor, www.newsobserver.com Resist! Courts, Criminal Justice, Thomas Drake, Whistleblowers

By Marisa Taylor for McClatchy News. A federal judge is investigating allegations that the government may have improperly destroyed documents during the high-profile media leak investigation of National Security Agency whistleblower Thomas Drake. U.S. Magistrate Judge Stephanie Gallagher’s inquiry was launched after Drake’s lawyers in April accused the Pentagon inspector general’s office of destroying possible evidence during Drake’s criminal prosecution, which ended almost four years ago, McClatchy has learned. In a May 13 letter, Gallagher told Justice Department lawyers that the judge who had presided over the case asked her to evaluate the allegations from Drake’s lawyers “for further investigation and to make recommendations as to whether any action by the court is warranted or appropriate.” The allegations raise new questions about a prosecution that had been excoriated by the presiding judge after the Justice Department’s case against Drake unraveled and resulted in the former senior NSA official pleading guilty to a misdemeanor charge.

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