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Saturday, June 23, 2012

Kingsley Burrell, aged 27 years old, died in what appear to be extremely suspicious circumstances in Birmingham.


Save the Date: March for Kingsley Burrell Saturday 11/08/12 (Time TBC)

Justice for Kingsley

As at 18th June 2012 the current status is - No officers convicted of a death in custody in the UK since 1969 despite 11 unlawful killing verdicts and over 1000 such deaths; over three hundred  and thirty of these since 1998.
More statistical information available from INQUEST www.inquest.org.uk

Kingsley Burrell, aged 27 years old, died in what appear to be extremely suspicious circumstances in Birmingham. It is reported that he called the police after he tried to talk to a group of young people who were intimidating him and his 5 year old son. He was subsequently arrested himself and detained under the Mental Health Act. Days later he was in intensive care and subsequently died 31st March 2011.

Fifteen months on Kingsley’s sister confirms that his body has still not been released for burial… it is truly inhumane that his body has yet to be released also that it takes so long for the matter to come before the courts…We can no longer be ignorant to the tactics that are being used in order to keep us from the truth... from justice being done...The family will be marching again 11th August 2012.

This is not a letter encouraging an Anti-Police protest but a peaceful NATIONAL show of solidarity by the community in order to support these families on the long and often lonely journey in seeking justice for their loved ones.

This march (as have others previously) will continue to make it clear to the Authorities that the Community is very much aware and concerned and will no longer allow our loved ones and members of our community to be unlawfully killed without us seeking answers to the pertinent and very painful questions, notwithstanding that in cases where there has been foul play, the IPCC investigation is comprehensive and balanced and that those responsible are held to account through the court.

I write this letter to petition YOU the Community both in the Midlands and further afield to attend and support the family of Kingsley Burrell in the march planned for Saturday 11th August 2012, the march will start at Summerfield Park, Icknield Port Road where the incident occurred with Kingsley and finish with a rally outside Centenary Square on Broad Street. Times will be confirmed at a later date.
Community this is just shy of two months’ notice. Please continue to share the details of the march among your organisations, friends, family, and colleagues and across your social networks we owe it to the families and the Community to show our support.
For more information regarding Kingsleys case please go to http://www.facebook.com/Justice4Kingsley
Signed a concerned community member...

https://www.facebook.com/notes/dena-tvrp-whitmore/open-letter-to-the-community-to-encourage-increased-support-of-the-march-for-kin/256012377838066
Posted by Black Women in Europe at 3:58 AM No comments:
Labels: Birmingham, England, UK

Thursday, June 7, 2012

The Last Time I Cried, By Eddie G. Griffin, (BASG), Ex-Panther, Black Blogger

By Eddie G. Griffin (BASG)
Thursday, June 07, 2012

The last time I cried, I remember the stream of tears that running down the sides of my cheeks, tears of joy, an unbelievable crown and glory moment in my life.

I lay on my back in the grass, looking up at the night skies, at the moon and its stars. Tower lights beamed down upon the prison grounds, as bright as sunlight, but it had been years since I had last seen the silhouettes of the night. Seven years buried in a sensory deprivation chamber, deep inside the bowels of the federal infamous super-max Control Unit, alas, I was awe smitten to see the moon and stars for the first time in as many years.

They had just released me from a cold strip cell, where I had been held incommunicado, with three other captives. Barring me contact with my lawyers, federal officials instead transferred me to a college-like campus prison at El Reno in Oklahoma. It was here, within these confines, I lay, gazing up at the stars, and crying my eyes out.

The warden had pulled me out of the dungeon, where I had been stripped to my briefs, placed in an isolated cell, and given running water for 15 minutes in the morning, and 15 minutes in the evening. The windows of the cell were cranked wide open to allow the winter's bitter chill to invade my solitary chamber.

The barren cold gave me no peace, night or day, and neither could I lie down to sleep on the hard steel bunk. So, I sat hunched over, glued to my bunk by the frost, day in and day out, for weeks, until I lost my sense of time.

There was no need for me to eat, because my bodily functions were shutting down. Food trays came in through door slot and went back out, untouched and uneaten.

At first, I protested my mistreatment and demanded my rights. I demanded a pencil and writing paper. But none came, and neither came any mail from the outside world. I was totally cut off, with no voice of grievance to be heard and no power to execute my constitutional rights. Then it dawned on me, I was put here to die. Therefore, all my protests were meaningless and void.

I realized the dire straits of my situation one day when the guard passed through with the food trays. I asked him, “Will you give a dying man’s a last request for a cigarette?”

He reached into his shirt pocket, took one out, handed to me. Then he broke down in tears. Strange it felt. Somebody cared about Eddie Griffin. But there was nothing he could do to mitigate my suffering. His helplessness empathy showed on his face and in his tears.

Out the open windows, I had screamed repeatedly for help, hoping against the northern winds, that my voice could be heard by other inmates in the adjacent building. A lump popped up in my throat like a tumor, and there was no more strength left within me. Passively, I accepted my fate. I was slowly freezing to death and gradually declining.

Then one day, out of nowhere, the warden summoned me to be brought to his office. He had an announcement. “Griffin, we are kicking you out of here. We do not want to see or hear from you again,” he said.

In hindsight, being "kicked out" of a super-max dungeon, where politically conscious prisoners were kept in isolation, seemed rather bizarre. But all I could think, at the time, was: “Thank you, Jesus.” At that point, I could have kissed the warden’s feet. So, I made him the promise. If released, he would never hear from me again.

Up to that point, Eddie Griffin was the most interviewed prisoner in the system during the 1970s, as one journalist observed. I had been designated the sacrificial lamb as the prisoners’ voice on human rights issues, by all the inmates and prisoner support groups, because of my published writings. And almost every day, I found myself speaking to reporters from different newspapers, magazines, and television stations around the country about the status and conditions of prisoners confined in a facility the government would rather kept secret because of its experimental mind control programs.

Therefore, my release from the refrigerated morgue cell was conditional upon my consent to keep silent. I willfully agreed rather than be sent back. But as fate would have it, the old warden would indeed see and hear from me again, many years down the road, in courtroom testimony, in a lawsuit from lawyers who were denied access into the prison to interview other inmates. (Abel case)

Nevertheless, being released from the notorious Control Unit was a blessing within itself; otherwise my only hope was to be shipped back to my hometown in Texas in a body bag. And, staring up into the heavens on a starry night over El Reno, Oklahoma was as close to paradise as I could imagine.

I recalled a cold gray day in the dungeon, as I sat in a frozen stupor, peering out into empty space, a vision unfolded. I kept blinking to keep my eyes from glazing over with a crust of frost. But then I saw clearly, as it was, a screen like television monitor, with an image of a ship frozen at sea, against the backdrop of a deep blue sky. The image haunted me like a sign of impending death, like something a man would see just before crossing over into the unknown abyss.

The irony of it all was that by nightfall, I opened my eyes again and saw a quarter moon smiling down upon me and stars dancing across the Oklahoma skies. My soul was refreshed, my eyes flooded with tears of joy. I had survived another crown and glory moment in my life. But my eyes would never go back to normal.

eddiegriffin_basg@yahoo.com
Posted by Francis Holland at 4:25 PM No comments:

Monday, June 4, 2012

Could George Zimmerman, Trayvon Martin Killer, Do 15 Years in Federal Prison for Lying on Passport Application?



FOR IMMEDIATE RELEASE


Atty. Francis L. Holland
http://police-brutality-blog.blogspot.com

After George Zimmerman was arrested and charged with second degree murder for the killing of Trayvon Martin, and after he surrendered his passport as a condition of his bond, did he commit a separate federal crime punishable by up to fifteen years in prison by lying on a US passport application in order to replace the passport that he had surrendered to the criminal court?  Electronic recordings of his conversations while in prison, the fact that he obtained a second passport after surrendering one, and presumably the recent passport application itself, demonstrate precisely what he did.

The Christian Science Monitor reports:

During the hearing, prosecutors introduced several recordings of telephone conversations between Zimmerman and his wife, Shellie, made while he was in jail.  In one such recording, they can be heard speaking cryptically about a second passport in his possession.  Zimmerman was ordered by the judge to hand over his passport so he couldn’t flee the country, but Zimmerman applied for a second passport after the shooting, saying his first one had been stolen. (Emphasis added.)


Page two of the US Passport application form asks for the "status of most recent passport," whether "lost" or "stolen."  There are reasons for requesting a passport that are unlawful, so the questions requesting to know the motive for the application are legally essential to whether the passport will be issued and whether a crime is committed in requesting it.  If Zimmerman falsely checked a "lost" or "stolen" box, as the Christian Science Monitor reports, when in fact he had surrendered his passport to the criminal court trying him for murder, then he likely committed a separate federal crime, under 18 U.S.C. § 1542, for which he could spend up to fifteen years in federal prison.  

18 U.S.C. § 1542 , US Code Section 1542, "False statement in application and use of passport," provides that:
Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States,either for his own use or the use of another, contrary to the lawsregulating the issuance of passports or the rules prescribed pursuant to such laws; or 
Whoever willfully and knowingly uses or attempts to use, orfurnishes to another for use any passport the issue of which wassecured in any way by reason of any false statement - Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act ofinternational terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate adrug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.  (Emphasis added.)
According to US v. O'Bryant, a federal criminal case in which a defendant was convicted for a violation of this law, 

Section 1542 proscribes "willfully and knowingly" making a false statement in a passport application. The crime is complete when one makes a statement one knows is untrue to procure a passport. See Browder v. United States, 312 U.S. 335, 337, 61 S.Ct. 599, 601, 85 L.Ed. 862 (1941); United States v. Winn, 577 F.2d 86, 91 (9th Cir.1978). Good or bad motives are irrelevant. Browder, 312 U.S. at 337-38, 61 S.Ct. 599, 601, 85 L.Ed. 862; United States v. Washington, 705 F.2d 489, 493-94 (D.C.Cir.1983).

The purpose of the "lost" or "stolen" questions is to assure that no individual has more than one passport, to prevent the use of aliases and other subterfuge, such as obtaining a substitute passport to flee the country while out on bail.  For whatever reason, Zimmerman apparently engaged in precisely the type of subterfuge which the federal statute was enacted to prevent, and for which violation penalties were doubled in 1996.  See the statute, US Attorneys Manual, Christian Science Monitor reported facts and discussion below.

Did Zimmerman actually tell the federal government that his passport had been stolen when, in fact, he had surrendered it to a court as part of a criminal proceeding?  If so, in addition to a violation of the terms of his bond, that lying on a US passport application is a federal crime punishable by up to fifteen years in prison. 

The US Attorneys Manual provides further explanation and references concerning this federal crime:
US Attorneys > USAM > Title 9 > Criminal Resource Manual 1944
prev | next | Criminal Resource Manual

1944

18 U.S.C. § 1542—False Statement in Application for Passport and Use of a Passport Fraudulently Obtained




Section 1542 of Title 18 proscribes both false statements made to obtain a passport, and use of any passport so obtained.
The false statement against which this section is most commonly used is the use of a false name in obtaining a passport. United States citizens attempt to obtain passports using false names in order to conceal criminal activity. A problem of proof can arise when the passport applicant has routinely used aliases and now seeks to obtain a passport in one of those aliases. See, e.g., United States v. O'Bryant, 775 F.2d 1528 (11th Cir.1985); United States v. Cox, 593 F.2d 46 (6th Cir.1979); United States v. Wasman, 641 F.2d 326 (5th Cir.1981), aff'd, 464 U.S. 932 (1984).

Browder v. United States, 312 U.S. 335 (1941), is the leading case on use of a passport, the application for which contained a false statement. Browder obtained a passport in his real name, but in the portion of the application asking when his last passport was obtained, he falsely stated, "none." This statement was false because he had previously obtained a passport in a false name. He then used the new passport to enter the United States. The Supreme Court upheld Browder's conviction under 18 U.S.C. § 1542 for innocent use of a passport secured by a false statement. See 53 A.L.R.Fed. 507.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended this statute to provide for enhanced penalties if the offense was committed to facilitate an act of international terrorism or a drug trafficking crime.[cited in USAM 9-73.600]

Although there are facts in doubt with regard to how and why George Zimmerman killed Trayvon Martin, the facts recounted in the Christian Science Monitor, based on tape recorded conversations and Zimmerman's signature on a passport application, would seem to leave little doubt but that Zimmerman committed a federal crime while in state custody.  And Zimmerman clearly shows no respect for the rule of law that a legitimate crime watch volunteer would seek to advance and uphold.

Federal prosecutors in Florida should immediately indict George Zimmerman, and his wife if she aided and abetted his crime, for lying on the US Passport Application, seeking the ten or fifteen years in Federal prison that such a conviction could entail, depending on whether this was a first, second or third or more offense.
The above discussion does not constitute legal advice or counsel or the practice of law on behalf of any party or parties, and is provided exclusively for purposes of public debate.
Posted by Francis Holland at 8:59 AM 3 comments:

Sunday, June 3, 2012

New York's Governor Andrew Cuomo Seeks Cut in Frisk Arrests, Cut in Penny-Ante Drug Arrests

"The police in New York City made 50,684 arrests last year for possession 
of a small amount of marijuana, more than for any other offense..."

Just when I believed white America's goal was to incarcerate every last Black person in the United States of America, Governor Andrew Cuomo of New York offers a policy proposal to turn the tide in the opposite direction.  The New York Times reports today,
By THOMAS KAPLAN 
Published: June 3, 2012 
Wading into the debate over stop-and-frisk police tactics, Gov.Andrew M. Cuomo plans to ask legislators on Monday for a change in New York State law that would drastically reduce the number of people who could be arrested for marijuana possession as a result of police stops.
The governor will call for the decriminalization of possession of small amounts of marijuana in public view, administration officials said. Advocates of such a change say the offense has ensnared tens of thousands of young black and Latino men who are stopped by the New York City police for other reasons but after being instructed to empty their pockets, find themselves charged with a crime. 
Reducing the impact of the Bloomberg administration’s stop-and-frisk policy has been a top priority of lawmakers from minority neighborhoods, who have urged Mr. Cuomo, a Democrat, to pay more attention to the needs of their communities. The lawmakers argue that young men found with small amounts of marijuana are being needlessly funneled into the criminal justice system and have difficulty finding jobs as a result.
The NYT continues,
From 2002 to 2011, New York City recorded 400,000 low-level marijuana arrests, according to his analysis. That represented more arrests than under Mr. Bloomberg’s three predecessors put together — a period of 24 years. Most of those arrested have been young black and Hispanic men, and most had no prior criminal convictions.

Posted by Francis Holland at 11:18 PM No comments:

Trayvon Martin Killer Lies to Judge, Has Bail Revoked



When the State of Florida decided to charge George Zimmerman with second degree murder in the killing of Trayvon Martin, the judge in the case showed a willingness to treat George Zimmerman quite mercifully, by setting a low bail that would allow Zimmerman to be free while the court case proceeded.  It was my belief that by allowing Zimmerman to be free pending trial, the court signaled that additional holdings favorable to Zimmerman would be forthcoming, including in the judge's eventual decision whether the "Stand Your Ground" law prevented Zimmerman from being tried at all in the Trayvon Martin case.

The judge, by allowing bail at all, indicated that he did not perceive Zimmerman to be a strong threat to the public or a significant flight risk. It was a literal "judgment decision" that the court decided in Zimmerman's favor.

I disagreed with that decision.  In my opinion, a man who would ignore police and follow a man in the dark once, and believe he was doing the right thing, might do the same thing again while out on bail, before the court could decide whether he had acted within the law when he killed another man under those same circumstances.

Zimmerman, however, abused the Judge's leniency by lying to the judge concerning the resources Zimmerman had available to post bond.  On a motion by George Zimmerman's defense team, the judge in the case allowed members of George Zimmerman's family to testify by telephone in favor of a bail that the family would be more able to pay.  According to the Orlando Sentinel,
At a bond hearing April 20, Zimmerman's wife, Shellie, had testified under oath that the couple didn't have any savings. In reality, they had more than $135,000, with more flooding in from supporters who were making contributions via a website Zimmerman set up after he shot and killed Trayvon Martin in Sanford Feb. 26.
Zimmerman's honesty and his judgment are at the heart of the substance of the case involving his shooting of Trayvon Martin.  By clearly lying to the judge in a way that is demonstrable, Zimmerman angered the judge, won the judge's personal animosity, and cast doubt on his own honesty in a way that will linger throughout the proceedings, including the stage in which the judge decides whether the "Stand Your Ground" law prevents the case from reaching a jury at all.

Although a "neighborhood watch volunteer" should collaborate with officials in the criminal justice system, including judges, and help police to enforce the rule of law, Zimmerman has showed contempt for the criminal in yet another way, according to the Christian Science Monitor.

At Zimmerman's first bond hearing, he was ordered to surrender his passport, which he did.  Yet, according to electronic recordings of Zimmerman's telephone conversations with his wife while he was in custody, he subsequently applied for second, in clear defiance of the court's orders in this respect, says CSM:
During the hearing, prosecutors introduced several recordings of telephone conversations between Zimmerman and his wife, Shellie, made while he was in jail.  In one such recording, they can be heard speaking cryptically about a second passport in his possession.  Zimmerman was ordered by the judge to hand over his passport so he couldn’t flee the country, but Zimmerman applied for a second passport after the shooting, saying his first one had been stolen. (Emphasis added.)
Lying on a passport application is a federal crime (see case note 9).  18 U.S.C. § 1542 , US Code Section 1542, "False statement in application and use of passport," provides that:

Whoever willfully and knowingly makes any false statement in anapplication for passport with intent to induce or secure theissuance of a passport under the authority of the United States,either for his own use or the use of another, contrary to the lawsregulating the issuance of passports or the rules prescribedpursuant to such laws; or Whoever willfully and knowingly uses or attempts to use, orfurnishes to another for use any passport the issue of which wassecured in any way by reason of any false statement -Shall be fined under this title, imprisoned not more than 25years (if the offense was committed to facilitate an act ofinternational terrorism (as defined in section 2331 of thistitle)), 20 years (if the offense was committed to facilitate adrug trafficking crime (as defined in section 929(a) of thistitle)), 10 years (in the case of the first or second such offense,if the offense was not committed to facilitate such an act ofinternational terrorism or a drug trafficking crime), or 15 years(in the case of any other offense), or both.
The US Attorneys Manual provides further explanation and references concerning this federal crime:


US Attorneys > USAM > Title 9 > Criminal Resource Manual 1944
prev | next | Criminal Resource Manual

1944

18 U.S.C. § 1542—False Statement in Application for Passport and Use of a Passport Fraudulently Obtained

Section 1542 of Title 18 proscribes both false statements made to obtain a passport, and use of any passport so obtained.
The false statement against which this section is most commonly used is the use of a false name in obtaining a passport. United States citizens attempt to obtain passports using false names in order to conceal criminal activity. A problem of proof can arise when the passport applicant has routinely used aliases and now seeks to obtain a passport in one of those aliases. See, e.g., United States v. O'Bryant, 775 F.2d 1528 (11th Cir.1985); United States v. Cox, 593 F.2d 46 (6th Cir.1979); United States v. Wasman, 641 F.2d 326 (5th Cir.1981), aff'd, 464 U.S. 932 (1984).
Browder v. United States, 312 U.S. 335 (1941), is the leading case on use of a passport, the application for which contained a false statement. Browder obtained a passport in his real name, but in the portion of the application asking when his last passport was obtained, he falsely stated, "none." This statement was false because he had previously obtained a passport in a false name. He then used the new passport to enter the United States. The Supreme Court upheld Browder's conviction under 18 U.S.C. § 1542 for innocent use of a passport secured by a false statement. See 53 A.L.R.Fed. 507.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended this statute to provide for enhanced penalties if the offense was committed to facilitate an act of international terrorism or a drug trafficking crime.[cited in USAM 9-73.600]



Zimmerman was ordered not to have a passport, but he committed a federal crime, lying to State Department authorities, telling them that his passport had been stolen, so that he could obtain another one.  When Zimmerman lies to the court about over a hundred thousand dollars in the bank, and then goes behind the court's back and lies to the federal Government to obtain an illicit passport, showing contempt for law in both instances, who can believe that he killed Trayvon Martin out of respect for and defense of legality?

Lawyers know they can well be jailed, disbarred and lose all credibility with a judge if they are caught knowingly telling falsehoods or intentionally misleading a judge with regard to any fact material to a case, to proceedings or to any matter whatsoever.  A murder or rape is a crime against society, but lying to a judge is still worse, particularly as a legal strategy, because it is an offense against the intelligence and honor of that particular judge who will make the procedural, evidentiary and factual decisions on which the results in cases before that judge will subsequently depend.

In fact, Zimmerman did not even need the benefit of the lie he told the judge in his case, because his Paypal account already contained the monies needed to post a higher bail if the judge ordered it.  The justice system hasn't yet determined whether Zimmerman is a murderer (who committed an unlawful killing), but the judge has determined categorically that Zimmerman and some members of his family are deliberate liars, and that will have continuing consequences for Zimmerman's legal situation.

Lying to a judge is "biting the hand that feeds you."  Zimmerman is guilty of having bitten the hand that freed him.
Posted by Francis Holland at 10:23 AM No comments:
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