Kansas SB93 on Racial Profiling and the anatomy of a "Loophole"

For more than 8 years, local activists and Legislators in Wichita worked to craft a bill that would prohibit the practice of Racial Profiling in the State of Kansas. In 2006, Senate Bill 77, as introduced by then State Senator Donald Betts was passed and signed into law. But in the deliberation process, as the bill was worked through the legislature, language was included in the definition of Racial Profiling that community activists found onerous and unacceptable. The bill included a "Loophole" - language specifically designed to make an otherwise sensible bill legally unenforceable. The definition of Racial Profiling per current state statute in Kansas reads:

(d) "Racial Profiling" means the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect.

Local activists and members of the coalition of groups and organizations who came together to work for the passage of Racial Profiling legislation have been uniformly opposed to that language since its passage; and we have worked in each successive session to have the "Sole Factor" language stricken. The inclusion of that phrase, "as the sole factor" makes the statute virtually unenforceable, because all any Officer has to do in order to contest a charge of profiling is to proffer any additional reason, thought, or consideration. In fact, the only way, under existing statute, that you could clearly define a case of Racial Profiling would be if an Officer stopped you and when asked the reason for the stop, he or she would have to reply 'I stopped you because you're black'. Because the utterance of any other reasons or statements would technically clear them of the charge.

After years of deliberation and argument, two bills were introduced this session each with a revised definition of Racial Profiling, each without the "sole factor language" included. The two bills were recently consolidated and now SB82 has been incorporated into and will move forward as SB93. In the reconciliation of the two bills a NEW legal loophole was inserted to replace the former "sole factor" loophole. The newly proposed definition of Racial Profiling reads:

(d)    "Racial or other biased-based policing" means the unreasonable use of race, ethnicity, national origin, socio-economic status, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not biased racial or other biased-based policing when race, ethnicity, national origin, socio-economic status, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action

I was actually in the Senate chamber when Senator David Haley, one of the parties who has worked on this legislation from the very beginning, asked the question: "How do you define 'Unreasonable'?... and does this imply that there are "Reasonable" applications of racial or biased based policing?"

The response? - "Well that's something the Courts will have to decide"

Ladies and Gentlemen, THAT is a legal loophole. That is how they are deployed. Legal loopholes are used to thwart efforts to bring about fairness under law and to protect wrongdoers through the introduction of vague and subjective language that allows departments and courts to excuse bad behavior as simply matters of 'interpretation'.

"No Mr. Washington, you hadn't done anything wrong or illegal, and no there was no legitimate reason to stop you and search your vehicle, and we are terribly sorry about the professional embarrassment we caused you by having you sit out on the curb as we let our canine units climb through your car, and we're also sorry that we made you late for work... But, it is a very nice car, and you're a relatively young man, so under the circumstances, I don't think that's unreasonable..."
...

To my colleagues and friends in the legislature, particularly those who regularly read our blog and or our newsletter... With all due respect, it is insulting that we have to continuously repeat this same futile exercise. It would be better to have NO BILL AT ALL then to continue to foist hollow and vacuous bills that are as meaningless as they are unenforceable.

At the beginning of this most recent effort, Law Enforcement agencies stipulated the existence of Racial Profiling in Kansas. Our most recent study also confirms it. No one is contesting the fact that it is a real and determinable phenomena and that it occurs here in our State. But THIS language is carefully crafted to ensure that NO ONE is ever held accountable for it, and that is simply unacceptable.

Next, the bill will head to the House. As soon as the committee is assigned, we will post information here on the blog so that you can contact the members of the Committee and ask them to pass a Honest bill; one without gimmicks or loopholes, and one that specifically strikes the subjective qualifying term "unreasonable" from its definition.

Scan the QR Code for a mobile copy of SB93 - the Kansas Racial Profiling Act

Read more...

The Kansas State NAACP files employment discrimination complaint against the City of Nickerson Kansas

The Kansas State Conference of the NAACP has sent a formal request that an investigation be conducted into the hiring and employment practices of the City council and Mayor of Nickerson Kansas. The complaint stems from a case filed with the Hutchison Branch of the NAACP by April Addis, the former Police Chief of Nickerson Kansas.

Through our investigation we have discovered what we believe to be a clear pattern and practice of racial discrimination. We affirm Chief Addis' assertion that she was directed to fire a newly hired and qualified Officer (Officer Bembry) because of his race. Further, we believe that the firing of Officer Bembry solely on the basis of his race was a clear violation of Title VII of the Civil Rights act.

We attempted to address this case through the Mayor's office, who referred us to the City's Attorney. We met with the City Attorney and again relayed our concerns, and he stated he would have to go back and talk to the Mayor. We waited a reasonable amount of time to allow the City to effectively address the issue, but no direct action was taken.

The case has now been filed with the EEOC.

Read more...

City of Wichita to restructure and relaunch its Civilian Review Board

On Monday the 15th, Bob Layton (Wichita City Manager) announced the formation of a new citizen review board that will investigate major complaints against police and report to the City Manager's Office. The city has had a review board in place for years, but it had not met in a number of years.

The new board will meet quarterly and is intended to be more aggressive than its predecessor. The Review Board will review professional standards, allegations of excessive use of force, racial profiling and policies and procedures in the Police Department.

Its members are:

• Timothy L. Sims, pastor of Progressive Missionary Baptist Church
• Brian Carduff, president and owner of Baysinger Police Supply
• David Robbins, former president of Robbins Truck Trailer Sales and a former employee of the Kansas Department of Social and Rehabilitative Services
• Michael Ackerman Jr., president and owner of Michael's Complete Lawn Care
• Jason Watkins, director of government relations for the Wichita Metro Chamber of Commerce and a former state lawmaker
• Jaya Escobar, academic director at Hope Street Youth Development
• Sheila Officer, education and training coordinator with Goodwill Industries of Kansas
• Shala Jean Perez, who teaches administration of justice courses at Butler Community College and is project director of the Governor's Task Force on Racial Profiling.
• Kevin Myles, president of the Kansas State Conference of the NAACP and president of the Wichita Branch NAACP

Read more...

Allegations of Racial Profiling surface in Junction City Kansas

Yesterday, we received a racial profiling complaint from a woman named Andrea Hall. Mrs. Hall is the wife of a deployed soldier who was driving her car in the Junction City area when she was pulled over by an Officer for speeding. Mrs. Jones has provided the details of the incident in writing and has requested that we make it public.

While sitting at the traffic light of the Grant Avenue and Washington Road intersection, I, Andrea S. Hall, heard a loud thumping on my trunk. Looking out of the rear-view mirror, I noticed a police officer proceeding towards my driver-side door. Disturbed and perplexed by this, I lowered my window, as the officer furiously yelled, “When we get through this traffic light, I want you to PULL OVER into that parking lot (pointing at the parking lot of a liquor store adjacent to the traffic light)!!!” Despite my apprehensiveness of his demeanor and tone, I managed to say, “Ok.”

After arriving and parking in the aforementioned parking lot, the officer came back to my driver’s side window, just as irate as before, yelling, “Is there any reason why you’re speeding?!!”. I replied, “Well, I was sitting at the traffic light so…” Interrupting, the officer said, “Just give me your license and registration.” I nervously fumbled for the requested items, wondering why this officer was so upset. Once I handed him the items, he returned to the patrol truck and he and another officer (who was also in the same patrol truck) interacted for about 6 to 7 minutes. At this point, the other officer came to my car to serve me the traffic citation, asking me to sign it. Noticing that they had written a heavy “N” on the citation, in order to indicate my ethnicity, I said, “What’s this?” Completely disregarding my question, the officer said, “Just sign it. It doesn’t mean that you did it or not.” I scribbled over the entire signature area, now upset and offended by their conduct, but not wanting to get into a debate with the officer. I waited for him to tear the ticket, and then I pulled off.

I called the Junction City Municipal Court and when the clerk answered the phone, I said, “What is the protocol for indicating race and ethnicity, here, in Junction City because when I was stopped by a couple of your officers they’ve written a heavy “N” on the citation for my ethnicity.” Ironically, this clerk also seemed irritated, as she rudely responded, “M’am, we use “N” for Non-Hispanic and “H” for Hispanic. Are you Hispanic?” I said, “Well, no, but if that is all Junction City can see, Hispanic and Non-Hispanic, that’s racial profiling in itself. How would he have really known that anyway? That makes no sense, and I don’t believe that you guys only have two abbreviations to use for race.” She said, “Well, it is M’am, have a nice day.” She then hung up the phone.

At that time, I resolved that I would simply go to court and speak with the judge about the matter. So, on Tuesday, August 10, 2010, I went to the Junction City Municipal Courthouse. I called attorney Steve Rosel (who since then, has committed to supporting me with this case), along the way, discerning that I would need some legal advice and support. Once I arrived to the clerk’s desk, she asked me if I just wanted to pay the ticket. I told her that I was actually there to speak with the judge about the citation, due to the officer’s misconduct. I then showed her the ticket through the glass window, asking her to look closely at what the officer had written for my ethnicity. The clerk said, “What’s the problem?” I then explained to her that I did not believe that Junction City would find it acceptable to use the letter “N” for an African-American’s race. I then said as a matter of fact, I want to hear what the judge has to say, because I was repulsed and very offended. She said, “Well, I don’t know what he’s going to say, but you can talk with him.” I said, “Well, M’am, when I called and spoke to your office, one of you guys told me you ‘only use ‘N’ for Non-Hispanic and ‘H’ for Hispanic. I beg to differ, and I will tell him that. In fact…” (Pausing to ask a Caucasian male (service member) for his traffic citation, who had just entered the lobby, I looked at his citation and showed the clerk (again through the glass window) that his traffic citation had the letter “W” annotated for his ethnicity, which is obviously because he is white. Wanting to make sure that she and I both understood that the previous explanation for the “N” on my ticket was preposterous, I then asked an African-American male for his traffic citation, and after looking at it, I showed her that even he had the letter “B” for Black. Speechless, the clerk said, “M’am, just have a seat and I’ll get you on back.”

Joining the other citizens waiting to appear before the judge, I waited patiently for my time to explain this to the judge. When it was finally my turn, the judge stated that I was cited for speeding, and asked me what was my intentions for coming to court that day. I began to explain to him all of the aforementioned information, but was interrupted by the courtroom attorney, who said that was not the time to explain the situation because it was not a trial. I said, “Well, I just want to know how the judge feels about his officers writing the letter “N” for an African-American’s ethnicity.” The judge (and the other court officials) chuckled and said, “M’am, what do you want to do? Do you want to pay the ticket or contest it? I’ll hear what you have to say in a continuance, but the attorney’s right, we can’t go into discussion about this right now. I will not proceed to try to explain what the city has done, without the officer being here. So, do you want a continuance?” I said, “Yes.” After explaining a few other legalities to me, he then set my court date for September 29, 2010, at 6:00 p.m. I thanked them and exited the courtroom.

Mrs. Jones' case is now being filed with the Kansas Human Rights Commission (the agency with the statutory authority to investigate profiling cases and request relief). We will be attending the hearing with Mrs. Jones and I will keep you all posted here on the blog...

Read more...

Federal appellate court limits cops' use of Tasers

Reposted from the Sacramento Bee
by Hudson Sangree and Kim Minugh

A federal appeals court on Monday issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.

In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

Sold as a nonlethal alternative to guns, Tasers deliver an electrical jolt meant to subdue a subject. The stun guns have become a common and increasingly controversial tool used by law enforcement.

There have been at least nine Taser-related fatalities in the Sacramento region, including the death earlier this month of Paul Martinez Jr., an inmate shot with a stun gun while allegedly resisting officers at the Roseville jail. As lawsuits have proliferated against police and Taser International, which manufactures the weapons, the nation's appellate courts have been trying to define what constitutes appropriate Taser use. The San Diego County case is the latest ruling to address the issue.

The court recounted the facts of the case:

In the summer of 2005, Carl Bryan, 21, was pulled over for a seat-belt violation and did not follow an officer's order to stay in the car.

Earlier, he had received a speeding ticket and had taken off his T-shirt to wipe away tears. He was wearing only the underwear he'd slept in because a woman had taken his keys, the court said without further explanation.

During his second traffic stop in Coronado, he got out of the car. He was "agitated … yelling gibberish and hitting his thighs, clad only in his boxer shorts and tennis shoes" but did not threaten the officer verbally or physically, the judges wrote.

That's when Coronado Police Officer Brian McPherson, who was standing about 20 feet away watching Bryan's "bizarre tantrum," fired his Taser, the court said.

Without a word of warning, he hit Bryan in the arm with two metal darts, delivering a 1,200-volt jolt.

Temporarily paralyzed and in intense pain, Bryan fell face-first on the pavement. The fall shattered four of his front teeth and left him with facial abrasions and swelling. Later, a doctor had to use a scalpel to remove one of the darts.

Bryan sued McPherson, the Coronado Police Department and the city of Coronado, alleging excessive force in violation of his Fourth Amendment rights.

The officer moved to have the claim dismissed, but a federal trial judge ruled in Bryan's favor.

A three-judge panel of the 9th Circuit affirmed the trial judge's ruling on Monday, concluding that the level of force used by the officer was excessive.

McPherson could have waited for backup or tried to talk the man down, the judges said. If Bryan was mentally ill, as the officer contended, then there was even more reason to use "less intrusive means," the judges said.

"Officer McPherson's desire to quickly and decisively end an unusual and tense situation is understandable," Judge Kim McLane Wardlaw wrote for the court. "His chosen method for doing so violated Bryan's constitutional right to be free from excessive force."

Some lawyers called it a landmark decision.

Eugene Iredale, a San Diego lawyer who argued the case, said it was one of the clearest and most complete statements yet from an appellate court about the limits of Taser use. He said after Monday's decision that courts will consider all circumstances, including whether someone poses a threat, has committed a serious crime or is mentally troubled.

"In an era where everybody understands 'don't tase me, bro,' courts are going to look more closely at the use of Tasers, and they're going to try to deter the promiscuous oversue of that tool," he said. That's especially true in the context of those who appear to be emotionally disturbed or mentally ill, said Johnny Griffin III, a Sacramento plaintiffs lawyer.

Griffin represented the family of a troubled Woodland man who died under police restraint after being struck multiple times with Tasers. In May 2008, Ricardo Abrahams walked away from a voluntary care facility and disobeyed the orders of officers called to check on his well-being. They shot him repeatedly with stun guns. The case against the city of Woodland and its officers was settled in June for $300,000. "I think it confirms what I and other lawyers in this area have been saying: You can't treat a person with mental illness the same as someone without mental illness," Griffin said.

Law enforcement authorities in Sacramento said they don't expect Monday's ruling to prompt much change.

Sacramento Police Department and Sacramento County Sheriff's Department policies permit the use of force to gain control of a suspect or prevent harm to others. "Certainly the officer should be able to articulate the reason the force (was used), and a mere resistance to comply may not be enough," said Sheriff John McGinness.

Sgt. Norm Leong, spokesman for the Police Department, said his agency's policy on the use of stun guns mainly covers safety considerations. It doesn't list behaviors or situations that warrant using the devices, he said. "Ideally, in every circumstance, we try to gain compliance verbally, and force is the last option we ever want to use," he said.

Read more...

Illinois State Police exhonerate Officers in the killing of Mark Barmore - NAACP Calls for DOJ Investigation

The following statement was released yesterday by the NAACP in the case of Mark Anthony Barmore, an unarmed African American man fatally shot by two white Rockford, IL police officers in a church day care center.

“The NAACP is shocked and outraged by the Illinois State Police finding that the Rockford Police acted properly in shooting and killing Mark Barmore, who was unarmed” said Norma Joseph, President of the Rockford Branch NAACP.

The Rockford, Illinois branch of NAACP, along with community leaders, faith leaders and concerned citizens in the State of Illinois, have formed a coalition which is calling for an independent investigation by the US Department of Justice through the US Attorney General for the Northern District of Illinois into the incident. The community-based coalition has also called for the establishment of a citizen’s police review board with subpoena and disciplinary power.

“We are seeking accountability for the law enforcement officer’s actions,” explained Attorney Don Jackson, President of the Illinois State NAACP. “In only five years of service, one of the officers has been involved in four shootings, two of which resulted in fatalities.”

“It is a sad day in this country when two police officers with guns drawn can charge into a church day care center, terrorize children and staff and fatally shoot an unarmed man in the back with impunity,” stated Benjamin Todd Jealous, NAACP President and CEO.

The NAACP has requested the US Department of Justice to launch a full “pattern and practice” investigation into the Rockford police department in addition to criminal and civil rights investigations into the actions of the police officers. The Rockford police force has experienced a rash of police shootings in the past 10 years. The Coalition is also asking the City of Rockford to provide psychiatric counseling to the pre-school children and adult daycare workers who witnessed the shooting, many of whom are already exhibiting signs of post traumatic stress disorder.

“The lack of supervision by Rockford of its officers threatens the safety of all Rockford residents and mars the integrity of its police department,” stated Jealous. “Lack of accountability will tear the fabric of trust between law enforcement officials and the communities they serve, making it more difficult to solve or prevent crimes. In some cities where police misconduct is prevalent, the unsolved homicide rates are as high as 80 percent. Without trust, witnesses will not come forward and crimes will remain unsolved,” Jealous concluded.

The NAACP has called for Congress to enact legislation to mandate national standards for training and use of force for all law enforcement.

Read more...

The Kansas State Disproportionality Task Force releases its report and recommendations

Longtime readers of the blog may remember that we have been working to bring real reform to the Child Welfare system since 2004, and have posted numerous articles detailing our efforts since the blogs inception back in 2007:

08/2007: The Wichita NAACP joins with Youthville in an effort to encourage more African American families to become foster parents 
05/2008: Wichita Branch NAACP Legal Redress Chair to meet with Kansas SRS Secretary Don Jordon 
09/2008: Progress report on Sedgwick County Child Welfare issues 
11/2008: Governor Sebelius agrees to examine disproportionalities in Child Welfare and Juvenile Justice systems 
12/2008: The Wichita Eagle reports on the Wichita NAACP's Child Welfare efforts 
02/2009: Current Branch Legislative and Policy Projects 
02/2009: Legislative Action Alert - CINC notification (HB2303) and Insurance Premiums and Credit Scores (SB203) need your attention 
03/2009: The Kansas Disproportionality Study Gets Underway 

As reported back in September of 2008 (see the "Progress Report" link above), a team from the Wichita Branch NAACP consisting of Mary Dean, Carolyn Wallace, and President Kevin Myles, traveled to the State Capitol to meet with the Governor's office and present the results of our multi-year internal study of Child Welfare issues. We asked at the conclusion of our presentation that the Governor would commission a more detailed and larger scaled study of disproportionalities in the Child Welfare system throughout the State. The Governor's office agreed and in November of 2008 Governor Sebelius announced that they would form a statewide taskforce to look at issues of disproportionality in both the Child Welfare and Juvenile Justice systems. In March of this year, research teams throughout the State were formally assembled. Dozens of people were brought together from Law Enforcement, Child Welfare, Foster Care and placement, Corrections Staff, Legislators, Parents, Educators, concerned citizens, and the NAACP, all looking for ways to reform the system and eliminate the disparities...

The Task force has now completed it's work - the study is finished and the recommendations will now go to the Governor's office for consideration and approval. The Wichita Branch participated as a part of the Sedgwick County team. For us, this is the culmination of almost 6 years worth of study, travel, and work. Now we will gear up to lobby the legislature for the full adoption and funding of our specific and detailed recommendations.

Click HERE to view the full Disproportionality Report and recommendations

Read more...

Message from NAACP National President Ben Jealous on the shooting death of Mark Anthony Barmore

Police shot and killed Mark Anthony Barmore, a 23-year-old black man, in a church day care center a few weeks ago in Rockford, Illinois. We have also learned that one officer involved in this killing has been accused of several other questionable police shootings. As you can imagine, tension is running high in the Rockford community and we are deeply concerned.

I thought you should know what the NAACP is doing about it.

Today I will be leading a delegation of NAACP leaders and staff to launch the NAACP's investigation of this police killing and the police department itself.

In Rockford today, we will address a rally of community leaders and report on NAACP's engagement with the Department of Justice to thoroughly investigate this awful tragedy.

We are also working with Congress to require the establishment of national standards for use of force, and training in use of force, for law enforcement officers. Currently, there are as many use-of-force policies as there are law enforcement agencies in our Nation today, and there are as many interpretations of those policies as there are law enforcement officers. This lack of uniformity is one of the core reasons behind the tragedy in Rockford and in too many other instances across the Nation.

We thank the Department of Justice for taking this case seriously through the outreach efforts its Community Relations Service. But to help re-establish trust in the community and to ensure that the Rockford police department is operating with integrity, we need a federal investigation into this case. Please, sign our petition urging the Department of Justice to conduct a full investigation of this shooting and the ongoing use of force by the Rockford police department.

So what actually happened in Rockford? Eyewitnesses say that outside a church day care center, Mr. Barmore encountered two police officers who apparently were looking for him on an allegation of domestic violence. He ran inside the church, and the officers followed him, guns drawn, without a warrant. After Mr. Barmore entered a small boiler room, the police demanded he come out. He slowly exited the room with his hands up. Then, witnesses say, police shot him -- in front of small children in the day care center.

While he lay face down, witnesses say, police shot him three more times in the back! Additionally, officers have been using intimidation tactics against witnesses, such as sitting outside their homes and slowly driving by their homes.

We all must act to stop this kind of police abuse, so I need your help now.

Please, sign the petition and help us promote smart and safe law enforcement policies. I will be keeping you updated on the killing in Rockford and our efforts to investigate it - and prevent future tragedies.

Read more...

NAACP Launches a New-Media National "Rapid Response System" to Help Citizens Report Police Misconduct

Part of sweeping new Civil Rights initiative on crime and safety

An innovative national program to help fight crime in American cities and towns will be unveiled Monday, July 13th at the NAACP Centennial Convention in New York City.

The initiative includes a bold new online effort, the NAACP Rapid Response System (RRS); a quick, effective way for citizens to report instances of police misconduct, and to help public safety officials move beyond the “tough on crime” policies that have lost their effectiveness.

The Rapid Response System will be available starting July 6, through the NAACP website (www.naacp.org). The user-friendly online RRS form will allow residents to send instant texts, emails, or video reports of police abuse to the association via cell phone.

Benjamin Jealous, President and CEO of the NAACP, said the initiative is part of a wider Criminal Justice strategy called "Smart and Safe,” that the NAACP will be launching during its Centennial Year.

“Nationwide, more than 26,000 citizen complaints of police officer use of force were filed with state and local law enforcement agencies in 2002. However, because many incidents are not reported, this number does not capture the full magnitude of the problem,” Jealous said.

“Research has shown that there are many barriers to reporting incidents of police misconduct, including intimidation at police departments and a lack of trust in the integrity of the system, among other reasons. This breakdown leads to an absence of public safety and a deterioration of the quality of life in many communities of color. But public safety is a civil and a human right; and so we want a more accurate count of these incidents,” Jealous said.

"We know that most of police officers around the nation are excellent public servants. But the few who violate people's rights are often not held accountable. We hope to improve the relationship between our community and law enforcement officers -- which is the best way to create the trust needed for police to effectively solve crimes," Jealous said.

The Rapid Response System will be demonstrated for attendees at the NAACP Centennial Convention July 11-16th at the New York Hilton. More information on the full Convention schedule is available at www.naacp.org.

Tech Tags: NAACP Rapid+Response Police+Misconduct Racial+Profiling

Read more...

The Wichita Branch Releases its 2009-2010 Goals & Priorities

On January 10th, the Wichita Branch NAACP held it's annual strategic planning session wherein we set our goals and priorities for the 2009 - 2011 term. We began with a review of the goals and priorities we'd set for 2008 and a critical analysis of our 2008 Branch activities. We then worked collaboratively to establish new goals and priorities for each committee of the branch.

Click HERE for a copy of the report

Tech Tags: NAACP Wichita+NAACP Centennial

Read more...

Former BART Officer arrested for the murder of Oscar Grant

Reposted from the San Jose Mercury News
By Kelly Rayburn and Sean Maher
Oakland Tribune

Johannes Mehserle, the former BART police officer who shot and killed an unarmed man early New Year's Day, was arrested on a murder charge in Nevada today, officials confirmed. Mehserle, 27, shot and killed Oscar Grant III, 22, at an Oakland BART station in the early morning of New Year's Day. The shooting has prompted massive protests, especially after videos of the incident surfaced.

Mehserle was being held in Douglas County, Nev., on a no-bail warrant, a law-enforcement official said. Since he was arrested in Nevada, he will face an extradition hearing before returning to Alameda County, a process that could take at least a few days.

Alameda County District Attorney Tom Orloff is expected to discuss the arrest further sometime today.

Christopher Miller, Mehserle's Sacramento-based attorney, could not be reached for comment, but his office confirmed the arrest.

"The family will certainly be relieved that (Orloff) has made some effort to bring him to justice," said attorney John Burris, who is representing the family in a $25 million claim against BART. "This is terrific. This is a very important step in healing the community."

Tech Tags: Oscar+Grant, BART, Mehserle

Read more...

California Attorney General Jerry Brown to intervene in the Bart shooting investigation after meeting with State NAACP Leaders

On New Year's day, 22 year-old Oscar Grant was shot and killed by Officer Johannes Mehserle of the Bay Area Rapid Transit Authority or (BART). The shooting was captured on cell phone video and posted on YouTube where it has been viewed by Millions of Americans. Bay Area Rapid Transit Police Chief Gary Gee said that the agency is "committed to completing an unbiased, thorough and detailed investigation" of the shooting death of Oscar Grant.



Now, more than a week after the shooting, The Alameda County District Attorney's Office hasn't decided if they will pursue criminal changes.

On January 9th, California NAACP President Alice Huffman met with California Attorney General Jerry Brown to call for his intervention. After meeting with the California NAACP, Attorney General Jerry Brown held a Press Conference in his office where he said, "The wheels of justice cannot grind so slowly that it appears that justice is not being served." He went on to question why Alameda County District Attorney Tom Orloff would need two weeks to decide whether to prosecute the officer.

AG Brown said he will send a high-ranking deputy to Orloff's office to meet with the prosecutor's staff, observe the investigation and report back to him. "I want to make sure that we're pushing this along," Brown said.

California NAACP President Huffman reported that if District Attorney Orloff doesn't prosecute, the NAACP will ask the U.S. attorney's office to file federal civil rights charges against Officer Mehserle.

Tech Tags: Mehserle BART NAACP Oscar+Grant Jerry+Brown Alice+Huffman

Read more...

JUVENILE JUSTICE: Nevada Law set to prosecute youths as Adults stricken down by the courts

Reposted from the LAS VEGAS REVIEW-JOURNAL
By BRIAN HAYNES


The Nevada Supreme Court on Wednesday threw out a state law used to prosecute juveniles charged with serious crimes in adult court, saying the statute violated their constitutional right against self-incrimination.

Under the presumptive certification law, juveniles 14 or older charged with gun crimes and violent sex crimes were automatically sent to adult court unless they could show that substance abuse, or emotional or behavioral problems led to the crimes. But in making that connection the juveniles admitted to the crimes, which could be used against them in future court hearings.

The law's "requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional," the court wrote in its unanimous ruling.

The high court also reversed a 1995 decision that said Fifth Amendment rights against self-incrimination did not apply in juvenile certification hearings because guilt was not being determined.

Despite Wednesday's decision, juveniles charged with serious crimes can still be sent to adult court using discretionary certification, which requires approval from a judge after prosecutors make their case based on factors such as the seriousness of the crime, the threat to public safety and the juvenile's criminal history.

Defense lawyers and the American Civil Liberties Union of Nevada hailed the court's decision.

"This is an important and sweeping decision for Nevada's juvenile justice system," said Lee Rowland, an ACLU lawyer who filed a friend-of-the-court brief in the case.

The National Juvenile Defender Center in Washington, D.C., and the Juvenile Law Center in Philadelphia also filed friend-of-the-court briefs in support of two Las Vegas teens represented by defense lawyer Kristina Wildeveld.

Other states with presumptive certification laws either don't require the juvenile to show a connection to the crime or prohibit an admission of the crime for certification hearings from being used against the juvenile, Rowland said.

She said she expected the law to be revisited during the 2009 legislative session.

Clark County Public Defender Phil Kohn, in praising the ruling, said the law "put juveniles in a horrible situation. If you wanted to avoid going to adult court, you had to admit to things that would be used against you later."

Meanwhile, the head of the Clark County district attorney's office juvenile division expressed disappointment.

"We consider it an unfortunate ruling for victims and public safety," Mary Brown said. "We're talking about violent felonies with firearms. We're not talking about misdemeanors or auto burglaries."

The Supreme Court decision stemmed from two 2006 armed robbery cases.

William Molina, then 17, was charged with acting as a lookout during a holdup at a Roberto's taco shop.

He had a history of alcohol abuse, drug use and mental illness, but he was certified as an adult because he denied being involved in the crime, according to court documents.

Molina, now 19, was being held in the Clark County Detention Center while his case was pending. The other teen, Marques Butler, was also 17 when he was charged with taking part in the armed robbery of two people in a park.

He had a history of drug use, learning disabilities and an IQ of 74, which is the "borderline range of intellectual functioning," according to the court's decision. He said he did not take part in the crime, so he was transferred to adult court.

He was released on house arrest while his case was pending.

Both cases were expected to move back to juvenile court.

Wildeveld said the court's ruling gives elected judges the power to evaluate cases on their own merits before sending juveniles to adult court. Many juvenile cases that go to adult court end in probation, which doesn't give troubled teens the treatment and supervision they need to turn their lives around, she said.

Under the presumptive certification law, judges had little discretion in deciding whether certain teens were better served in juvenile court, where they can be more closely monitored and access treatment services, she said.

Brown of the district attorney's office said most cases that went to adult court under presumptive certification would still be transferred using discretionary certification.

"The state's position is when you hold up someone with a gun and you're 16 and you have priors, you belong in adult court," Brown said.

About 80 juveniles in Clark County were certified as adults in 2007, and about half of those were presumptively certified, she said.

Kohn, the public defender, said adult courts should be reserved for the worst offenders. Most teens and children are best served in juvenile court, where they have better access to treatment and where rehabiliation, not punishment, is the top priority, he said.

Wednesday's decision should send any pending cases back to juvenile court, where they would face another certification hearing, he said. His office was reviewing cases that have already ended in convictions for possible appeals.

Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281.

Read more...

Not Guilty! District Court verdict clears Luis De la Rosa of any wrongdoing in America's Pub incident

In September of 2007, the Wichita Branch NAACP filed a formal complaint with the USDOJ over the arrest of a Luis De laRosa and Adrianna Molina outside of a popular Old Town Night Club named "America's Pub". The arrests came during a period when Wichita Police Officers were cracking down on crowds and disturbances at clubs throughout the city.

Mr. De laRosa alleged that he had been sitting outside the club talking on his cell phone, calling for a friend to give him a ride home when an officer approached and shined a flashlight in his eyes. He said that when he instinctively shielded his eyes from the light, the officer told him, "Don't put your hands on an officer." The officer then threw De la Rosa to the ground and knelt on top of him.

De la Rosa said he was unable to comply with the officer's demand that he place his hands behind his back because the weight of the Officer on his back had pinned his arm underneath his body. After repeatedly yelling to the officers that his arm was stuck underneath his body and he couldn't put it behind his back, the officer on top of him told a second officer to use a Taser. After being tasered, Mr. De laRosa pulled him arm out from beneath his body; scraping away skin from his arm and hand in the process. During the incident, De la Rosa said, he kept thinking, "Man, are you serious about this?... I didn't know what was going on." Luis De la Rosa was booked and charged with battery on a law enforcement officer and resisting arrest.

After conducting interviews with the complainants and witnesses, we found Mr. De laRosa's complaint to have merit and referred him to a local Civil Rights Attorney. We also filed formal complaints with the USDOJ asking that they look into citizen allegations of excessive force and heavy-handed policing within minority communities. Any WPD internal investigation of possible police misconduct was precluded until the charges against Mr. De laRosa were adjudicated.

Yesterday afternoon, a jury found Mr. De laRosa Not Guilty on all charges. The jury affirmed that Mr. De laRosa was NOT loitering, he had NOT battered a law enforcement officer, he had NOT been resisting arrest, and he was NOT the cause of any disturbance. He had simply gone to a popular nightclub, and afterwards sat outside while calling a friend for a ride home. He ended up being tasered and arrested; and with scrapes and abrasions to his head, arm, and hand. The Jury verdict now clears the way for a full investigation into the actions of the arresting officers.

Read more...

Know Your Rights Workshop scheduled for this Thursday at 6pm!!!

The Racial Profiling Advisory Board of the City of Wichita will host a "Know Your Rights" workshop this Thursday (10/2) at 6pm. The workshop will be held in the Atwater Center at 2755 E. 19th st.

The workshop will focus on how and where to file a citizens complaint in the event you feel your rights have been violated. Panelists for the workshop include representatives from the ACLU, the Kansas Human Rights Commission, the Wichita Police Department, the Sedgwick County Professional Standards Department, and yours truly representing the Wichita Branch NAACP.

A second "Know Your Rights" workshop will be held on October 9th at 6pm in the Evergreen Center at 2700 Woodland Ave. The October 9th workshop will focus on Constitutional Rights and Immigration issues. The panelists for the second workshop will include a municipal judge, and immigration attorney, and representatives from the Kansas Highway Patrol, Sedgwick County Professional Standards, and yours truly representing the Wichita Branch NAACP. A Spanish language interpreter will also be available for the workshop.

Read more...

District Attorney Candidate Forum planned for Saturday September 6th!

Sunflower Community Action has announced a District Attorney Candidate forum to be held on Saturday September 6th 2008, at St. Paul United Methodist Church.

Incumbent DA Nola Foulston and challenger Mark Schoenhofer have each been invited to participate.

For more Information contact Louis Gosling at 264-9972

All citizens who are concerned with criminal justice, SRS, Profiling, Tasers/Police issues should save the date and plan to attend. And I would specifically like to ask members of the Wichita Branch to mark your calendars and let's really support this effort...

St. Paul United Methodist Church

1356 N. Broadway Wichita Kansas 67214

1:00pm

Read more...

From the Convention: The complete list of all Resolutions considered at the 2008 NAACP Convention

Here is the complete list of all resolutions considered at the 2008 NAACP Annual Convention.

Note: Some resolutions were abbreiveated or excerpted for brevity

The Resolution process begins with a local unit (or branch) who drafts a proposed policy or resolution. That resolution must be approved by the general membership of that unit. The proposed resolution is then brought before the State Conference for ratification. Once ratified by the State Conference at it's quarterly meeting, the proposed resolution is then forwarded to the National Resolution committee where it is reviewed and prepared for the annual resolution session.


Within the resolution session, all registered voting delegates to the convention are able to stand up and speak to each proposed policy or initiative. After debate, each is brought to a vote and if successful, it becomes binding NAACP policy.


1. NAACP Centennial Commemoration by Local, State, and National Governmental Authorities Resolved: That all units of the NAACP shall petition their local, state, and national elected and appointed officials to issue proclamations dated February 12, 2009, honoring the NAACP and its work, and commemorating the NAACP's 100th anniversary.

2. Strengthening the African American Family
Resolved: That the NAACP in coalition with the faith community and other grassroots organizations lead a public campaign highlighting the need for promoting individual and collective community responsibilities along with public policies to assist African American families that alleviate the impact of criminal activity, inadequate health care and insufficient educational support on the African American community. And that the NAACP advocate through its units and promote activities that will strengthen and fortify the African American family structure.

3. Supporting continued sovereignty and Federal recognition of the Shinnecock Tribal Nation and the Unkechaug Tribal Nation
Resolved: That the NAACP will continue to support and advocate for all legitimate claims for Native American federal recognition in general, including the Shinnecock and Unkechang Nations and the protections for Native American burial grounds.

4. Honoring John Roberts "JR" Clifford
Resolved: That civil Rights Pioneer John Roberts "JR" Clifford will be honored along with others as the NAACP moves towards it centennial celebration

5. Promoting non-discriminatory adoption and usage of broadband Internet & information technologies
Resolved: That the NAACP shall object to any corporate or governmental policies that increase costs, impede deployment, discourage adoption and usage, limit consumer access, reduce local commentary, or State oversight or that of public utilities commissions, public hearings, or other forums for citizen input and reduce affordability of broadband technologies AND that the NAACP will call upon its members to educate themselves and others on the importance of adoption and usage of broadband technologies.

6. Release of William Mayo
Resolved: That Local and State units as well as the National office, will advocate for Federal Legislation that would provide for an automatic retrial when testimony offer at a jury trial that leads to a conviction is later recanted AND that NAACP units will assist the Cincinnati Branch as requested in calling for the release of Johnathan Mayo and Troy Davis from their wrongful incarcerations.

7. Jury Panels
Resolved: That units of the NAACP will recommend and advocate to State and Local officials to reevaluate and restructure Jury selection procedures to increase non-white representation in jury pools.

8. Abolition of Life Sentences for Juvenile defendants
Resolved: That NAACP Units should call upon their respective legislatures to abolish life sentences for juvenile defendants

9. NAACP Opposes the transfer of Youth to the Adult Criminal Justice System
Resolved: That the NAACP will work to end the excessive practice of youth being tried in the adult criminal justice system and to insure that young people are appropriately adjudicated in ways that enhance community rehabilitation, safety and stability, AND that the NAACP shall strongly oppose any policies, statutes, or laws that increase the number of youth transferred into the adult criminal justice system or the number of youth held in adult prisons or jails.

10. Hangman's Nooses as a Hate Crime
Resolved: That the NAACP shall adopt a position of zero tolerance in opposing the conduct of anyone who uses the hangman's noose to intimidate, threaten, or assault....

11. Privatizing and Outsourcing Manufacturing jobs in prisons is contributing to low wages.
Resolved: that NAACP units will advocate before Local, State, and Federal policy making bodies to adopt regulations that will require prisons and private contractors to pay a living wage, and that the money earned by prisoners shall be divided equally between an amount paid to the prisoners during their incarceration, a victims assistance fund, child support payments, and a trust fund to be made available to the prisoner upon release AND that units will advocate for legislation requiring Companies that utilize and benefit from prison labor to offer the same or commensurate health care and other benefits to inmates and their family members that said companies offer to their other employees.

12. Educational Improvements
Resolved: That the NAACP will reaffirm its efforts to advocate for the increased collection of and transparency in accountability data so that the public and the school systems become more aware of the race, origin, and class dimensions related to the allocation of various qualities of educational services AND that the NAACP should enter into litigation against any governmental agencies that refuse to provide proper educational opportunities.

13. Support of remedial Education for youth who are over the age of 18 and not in High School
Resolved: That NAACP units shall actively advocate for the continued funding of programs designed to ensure that remedial educational opportunities are available for persons over 18, who are lacking basic literacy and math skills.

14. Oppose Wal-mart and Other Retailers Unfair Labor Practices
Resolved: That the NAACP will challenge Wal-Mart and other retailers to overcome any of their practices that are inconsistent with the highest standards of Labor and Civil Rights, to ensure equal opportunity and equal pay for Women, people of color and other minorities, and work with local communities to effectively address Wal-Mart's and other retailers negative impact on issues like the environment and local businesses, and establish a "Buy American" program that annually increases the percentage of "Made in America" goods purchased by Wal-Mart and Other retailers to help protect American Jobs.

15. Workplace Bullying
Resolved: That NAACP Units at all levels will seek legislation at all appropriate levels to deem workplace bullying illegal.

16. An Act to Re-Affirm Resolutions previously adopted on Environmental Racism and to further oppose the planning and location of Level 4 Bio-Safety Laboratories and Hazardous facilities designated for densely populated areas.
Resolved: That the NAACP Re-Affirms all previous policies on Environmental racism (1993, 1996, 2000, & 2001) and that NAACP State and Local units should work with community organizations and citizens to prevent level 4 bio-safety laboratories and hazardous facilities from being placed within densely populated areas and shall advocate for legislation to prohibit the same.

17. Health Disparities
Resolved: That the NAACP will identify at least one county in each region where health disparities are most disproportionate among African Americans, poor people, and senior citizens and develop an advocacy, educational, and legal strategy to improved selected element of the system that are responsible for the disparity AND NAACP units at all levels will advocate to federal, state, and local governmental agencies and partner with different organizations or health care systems to establish and maintain programs that will bring information to teens, adults, ad families for the prevention of sexually transmitted diseases.

18. The Impact of Autism
Resolved: The NAACP will lobby for increased Governmental spending for research on the causes and cure of Autism.

19. The NAACP supports efforts to further disaggregate Heathcare data by Race and Ethnicity
Resolved: That the NAACP supports efforts to ensure the accurate collection and reporting of data by heath care providers, programs, and plans about patients and the care they receive; broken down by race and ethnicity.

20. Support for Public Housing Residents
Resolved: That the National Office of the NAACP will encourage and support a Federal Policy that provides for "one for one" replacement of public housing units that are razed or demolished AND that NAACP units at all levels should monitor and pursue actions to ensure that the residents of Public Housing are afforded the full social, political, educational, and economic opportunities available for all residents throughout the nation.

21. Bylaws change - Advisors for Youth & College Chapters (Article V, Sections 10b, 12a, 12e, and 13)
Resolved: That all Faculty advisors, High School Chapter advisors, Youth Council advisors, and Junior Youth Council advisors shall serve as Ex-Officio members of their respective chapter or councils without voting rights.

22. Bylaws change - Disposition of records; Youth Units (Article VI, Section 3e, f, & g)
Resolved: Language added to the section which reads - All minutes and other official records are the property of the Youth Unit and shall be promptly transferred to the newly elected and qualified officers within 30 days after the election. Non-compliance with terms herein shall be considered conduct that is inimical to the best interests of the NAACP, meriting disciplinary action pursuant to Article X.

23. Bylaws change - Executive Committee in the Bylaws for Units (Article VIII, Section 1b)
Resolved: Language changed within the section - All references to Youth Councils replaced with references to Youth Units

24. Bylaws change - Youth Works committee (Article VIII, Section 51k)
Resolved: Language changed within the section - All references to Youth Councils replaced with references to Youth Units

25. Representation of behavior Not in the best interest of the association
Resolved: That the NAACP shall codify guidelines to become an appendage of the constitution and bylaws to highlight the penalties for infractions of the code of the NAACP

26. Peace Resolution
Resolved: that the NAACP actively engage , using its NGO status in the pursuit for peace and stability in Darfur AND that the NAACP request that the President of the United States advocate for peace and an end to the Human Rights abuses in China, Darfur, and Burma

27. Minority Business Participation in Government Contracts
Resolved: that the NAACP call upon Congress, the SBA, the Office of Federal Procurement Policy and all Federal Local ad State Agencies to: 1) promote the use of MBE's in Federal, State, and Local contract and sub-contracts; 2) provide more oversight and monitoring of contracts for compliance in using MBE and small disadvantaged businesses; 3) call for the enforcement of existing laws and penalties on agencies and prime contractors that fail to comply; and 4) that the federal government be precluded from suspending these requirements based upon exigent circumstances

28. Calling for the NAACP to begin mobilization efforts for Census 2010
Resolved: That each State/State Area conference designate a Census 2010 committee to assist units in their jurisdiction to ensure that information and resources are properly deployed AND that the NAACP will advocate to the US Congress and the US Department of Commerce Bureau of the Census that for the purposes of the 2010 census, that all prisoners be enumerated as residents of the census tract wherein they were domiciled at the time of their arrest and/or conviction

29. Supporting Legislation to create a Department of Peace and Non-Violence
Resolved: That the NAACP expresses its support for the enactment of H.R.808, to create a United States Department of Peace and Non-Violence.

30. NAACP calls for passage of New Federal Legislation to Regulate International Vulture Funds and prevent further Exploitation of poor and underdeveloped nations
-Point of Information- a Vulture fund is a financial organization that profits by buying up poor country debt in default on the secondary market for pennies on the dollar, then attempting to charge up to ten times the purchase price by suing the impoverished country in US or European courts.
Resolved: That the NAACP strongly supports forthcoming legislation and grassroots efforts to limit vulture fund profits and decrease the incentive to purchase/litigate on sovereign debt and increase transparency through mandatory filing in US/UK for purchases of foreign debt AND the NAACP strongly supports forthcoming legislation and grassroots efforts that will establish an international bankruptcy framework, binding on all creditors, which would force vultures to comply with debt cancellation and/or debt restructuring efforts.

31. NAACP Support for Present and Future Green jobs appropriations and policies
Resolved: That the NAACP shall advocate for the present and continued funding for the Green Jobs act and for the inclusion of African Americans and other people of color's rightful place in the emerging new green energy sectors and sustainable economies.

32. NAACP Supports applying the decision by the US Sentencing Commission to reduce Mandatory sentences for people convicted of Crack Cocaine possesion retroactively
Resolved: That the NAACP strongly supports making the May 2007 amendment by the US Sentencing Commission retroactive to those currenttly incarcerated for Crack Cocaine convictions AND that the NAACP reiterates its strong support for one-to-one sentencing ranges for crack and powder cocaine sentences.

33. NAACP supports Reauthorization of the Juvenile Justce Delinquency and Prevention Act
Resolved: That the NAACP supports the updating of the JJDPA to decrease over-reliance on detention, detention of statuts offenders, promote effective community-based alternatives to detention and incarceration, and reduce racial disparities in the justive system.

34. NAACP supports a new look at the Federal Budget in FY 2009
Resolved: That the NAACP supports a shift in the current federal budget away from defense and military spending and will continue to fight for increased federal support and funding for public education, affordable housing, health care access and quality initiative, crime preventioin, job training and creation, small business promotion, the protection of our basic civil rights and liberties, energy assistance, the protection of workers rights, and continued assistance for those devastated by Hurricanes Katrina and Rita.

35. NAACP calls for federal action to End the Home Foreclosure Crisis
Resolved: That the NAACP strongly supports strong anti-predatory lending legislation that establishes higher standards for loan originators and provides stronger penalties and remedies for lenders who break the law, as well as ensuring that any final federal product is the minimumm and that states be allowed to continue to be more aggressive in eliminating predatory lending.

36. Support of Veterans Unity with the Community
Resolved: That the NAACP identify resources, services, and programs in the community that will help assist and educate veterens with Health care, dental care, education, mental health and PTSD, enterprenueship, employment, housing and homeownership, issues unique to female veterens, homeless veterans, formerly incarcerated veterens, and information and access to VA benefits.

37. Quality Military Healthcare
Resolved: That the NAACP calls upon Congress to enact legislation to restructure the healthcare delivery system for active duty military personnel, veterens, and their families, to gurantee access to existing VA facilities and private sector healthcare providers for both physical and mental healthcare needs, including necessary medications.

38. NAACP supports Proposed Popular Vote initiative
Resolved: That the NAACP supports National "Popular Vote" legislation AND that the NAACP supports a Constitutional amendment abolishing the Electoral College.

39. Emergency Resolution - NAACP continues to suport laws to prevent Gun violence and increase gun safety
-Point of Information- Emergency Resolutions may be brought to the floor as written or approved by the President or Chair without having gone through the normal resolution process
Resolved: That the NAACP continues to support safe, sane, and sensible gunn safety legislative initiatives which would make it harder for people with questionable motives and or diminished mental capacity to obtain firearms, either through legal or illegal means AND the NAACP supports an renewal of the assualt weapons ban with a provision that makes it permenant.

40. Emergency Resolution - The NAACP continues to oppose the Dealth Penalty and supports the creation of a commission to investigate the current disparities plaguing the Federal Death Penatly Sentencing Process
Resolved: That the NAACP supports teh communiting of Mr. Troy Anthony Davis' death sentence in light of the new and compelling information regarding the crime of which he is accused AND the NAACP reiterates its continuing opposition to the death penalty at the State and Federal level AND the NAACP strongly supports legislation to be introduced by Senator Russ Feingold (WI) The National Commission on Capitol Punishment Act of 2008

41. The NAACP supports efforts to stop and reverse the dramatic increase in fuel prices; and supports long term, aggressive energy policy
Resolved: That the NAACP strongly supports comprehensive public, private, domestic, and multi-national strategies to address the immediate problems being faced by Americans, and disproportionately low-income, racial and ethnic minorities, and small business owners, most notably comercial truckers as a result of higher fuel costs.

42. NAACP Condemns the Islamaphobic, mean spirited, tasteless, and racially offensive July 21st 2008 New Yorker Magazine Cover
Resolved: That the NAACP decries the July 21st 2008 New Yorker magazine cover as tasteless, mean spirited, Islamaphobic, and racially offensive AND calls on every American who is similarly offended to contact the New Yorker magazine either by email at themail@newyorker.com or by post at The Mail, the New Yorker, 4 Times Square, New York NY 10036.

Tech Tags: NAACP, Youth, Environmental, Popular+Vote, Green+Technologies, Bylaws, Veteran, Health+Disparities, Healthcare, Family, Vulture+Funds, Education, Public+Housing, Labor, Walmart, Civil+Rights

Read more...

The Wichita NAACP Calls on the Wichita Police Department and Chief Williams to terminate officers overheard making Racist and Bigoted comments

The following is a copy of a Press release issued this morning to 93 local reporters, the Chief of Police, the Mayor, and the entire Wichita City Council

.

.

.

Contact: Kevin Myles; Wichita NAACP President
Email: Kevin@wichitanaacp.org
phone: (316) 655-9282

Date: 06/21/08

The Wichita NAACP Calls on the Wichita Police Department and Chief Norman Williams to terminate officers overheard making Racist and Bigoted comments

As recently reported, the Wichita Police department has suspended three officers for making a series of Racist and Reprehensible comments which were overheard and reported by a neighbor. These types of comments undermine the public trust and are indicative of an underlying hostility towards one of the very communities the Officers are sworn to serve and protect. Expressions of Hatred and Bigotry should not be tolerated within the ranks of our Public Safety officials.

We understand and appreciate that Professional Standards is now conducting an investigation into the matter; which we will closely monitor. However, we wish to go on record stating that if the Wichita Police Department and Chief Norman Williams attempt to 'sweep this under the rug' by quietly returning the officers to duty, it would send a strong signal that such behavior is condoned by the leadership of WPD.

The Wichita Police Department should have a zero tolerance policy for racism and misogyny and it is our hope that the leadership in the Police Department will resolve this matter accordingly. We are therefore calling upon the Wichita Police Department and Chief Norman Williams to act in the Public's interest by terminating the officers upon the conclusion of the investigation.

Read more...

Outrageous: The DOJ rules no Civil Rights violations in the case of Rowana Riggs

.

It was a little over a year ago when Rowana Riggs was stopped by Officer Christian E. Cory (Badge #1927) for driving with a defective tail light. She was heading home from Jackson's Mortuary where she was making preparations for her mother's burial.

.

The Officer pulled behind Ms. Riggs and followed her for several blocks, turning on his lights and sirens only as Ms. Riggs was approaching her Father's house. She continued the short distance to the driveway where she pulled in to a stop. Officer Cory pulled her car door open with such force that it damaged the hinges, now preventing the door from closing properly. He then grabbed Ms. Riggs and threw her to the ground.

.

While the Police Department certainly disputes what happened next; them alleging that they were at all times professional and that Ms. Riggs was hardly injured, what is not in dispute is the condition of Ms. Riggs after having been stopped for this defective tail light. Two medical examinations of Ms. Riggs have been done. *The first was by Dr. Daniel F. Housholder, MD and Dr. Charles O'Donnell, DO on April 11, 2007 at Wesley Hospital. They diagnosed "facial contusions". She was given Motrin and Neurontin for pain. Her right orbit and right zygomatic arch over her right eye showed soft tissue swelling but no fractures. *The second medical exam was done by Kyle Johnson, PA on April 28th, 2007 at the Hillcrest Medical Center in Tulsa, OK. Ms. Riggs was diagnosed again with a contusion of the face. She was prescribed Darvocet and Naprosyn to relieve the severe pain in her head, back and neck which she was still feeling 19 days after the incident. Not only was Ms. Riggs beaten to the point she had long term difficulty seeing out of her right eye and has a loose tooth, but she was kicked so hard in her stomach that she lost her bowels and urine.

.

When we were contacted by Ms. Riggs about her situation, we determined that we would work this case through the system to help her achieve some measure of Justice. We assisted Ms. Riggs in filing her complaint with the Wichita Police Department. We held meetings with Chief Norman Williams, Deputy Chief Robert Lee, and Professional Standards Detective Max Tenbrook. We consulted with the DOJ and with their advice and counsel also filed a formal complaint with the US Attorney's office, the FBI, and the Civil Rights Division of the Department of Justice in Washington DC.

.

We were not surprised to learn that the Wichita PD had exonerated themselves; that has been their practice in all cases... But last Tuesday, after a year of waiting, I received a letter from the Civil Rights division of the Department of Justice stating that after "reviewing" the facts, they had concluded that no Civil Rights violations had taken place.

.

Now I have written on this blog about the ideological 'shift' within the Federal Government with regard to the enforcement of Civil Rights laws. And I have talked about the appointments of political ideologues who have long established personal and professional antipathies towards Civil Rights protections. But all that aside; this is still a Federal Agency charged with protecting the basic rights of citizenship for all Americans. When a 49-year old Cancer patient can be beaten up in her family's driveway because of a faulty brake light and the Department of JUSTICE finds no fault, then the whole damn system is broken.

.

We will not let this case pass into memory. We will continue to fight Ms. Riggs case until someone is held responsible for what they've done. We're calling for a reinvestigation of the case. We will work that locally through the US Attorney's office, the Police Department and our Regional NAACP office. But we won't stop there. I will CONTINUE to appeal this case to the Civil Rights Division of the Justice Department. I understand and I have been told by many veteran activists that the DOJ would not be moved by such appeals. But whether they are or are not, I will continue... I want to hand them the pictures we took of Ms. Riggs and have them tell me face-to-face that this was ok. I want to see the faces of the people who excused this. And I want to tell them Personally that this fight is not about persons but principles. I want to tell them that this case is bigger than Rowana Riggs; this is about all of our fundamental rights to live our lives without the threat of violence, assault, or attack. I want them to hear from me that this is not ok... this is not justice... and this will not stand...

Tech Tags: civil+rights, police, excessive+force, US+Attorney, Department+of+Justice, Wichita+Police+Department, NAACP

Read more...