Archive for the ‘Profiling’ Category

by Stephen Lendman

Their story is shocking, disturbing, yet common – African Americans indicted, prosecuted, convicted and imprisoned despite their innocence. Nearly always society’s most vulnerable are affected, including Muslims by the “war on terror” and people of color – Jamie and Gladys Scott’s experience explained below.

Updated information on their case and status can be found on Free the Scott Sisters.blogspot.com, accessed through the following link:

http://freethescottsisters.blogspot.com/

Residents of Forest, Mississippi, they were arrested on December 24, 1993, charged with armed robbery of two Black men. The amount – $11. No one was hurt. The sentence – both given life in prison, a shocking miscarriage of justice if proved guilty. They’re not. They’re innocent beyond a shadow of a doubt and had no prior convictions. They were aged 22 and 19 respectively at the time, and have been incarcerated since October 1994.

On Christmas eve, 1993, their car broke down after leaving a mini-mart near their home. Two young men drove them there, one they knew. The same evening, three teenagers allegedly robbed two men at gunpoint, netting $11. Police falsely accused the sisters of involvement.

Their mother, Evelyn Rasco, now ailing, believes no robbery occurred, saying from her new Pensacola, FL home:

“This has a lot to do with my family giving testimony against the Scott County sheriff for taking bribes and kickbacks that sent him to prison.”

Now it’s payback, two innocent women victimized. The price – their lives. The outrage – America’s racist/prosecutorial injustice tradition, colluding with state and federal courts stacked with right-wing hacks, serving the privileged, damning others, putting a lie to democratic freedoms, endangering the powerless for any reason or none at all.

At trial, witnesses said Deputy Sheriff Marvin Williams “coerced and threatened them to lie.” In addition, Gladys and Jamie were poorly represented, their attorneys Firnist J. Alexander, Jr. and Gail Shaw-Pierson never subpoenaing key witnesses, calling only one to testify when several knew the truth. Also, neither victims or the sisters got to speak for themselves, to set the record straight.

Further, State witnesses gave conflicting testimonies, admitting they disagreed with the sheriff’s account, saying he demanded they sign prepared statements misstating the facts.

Moreover, three affidavits not introduced absolved the sisters of culpability, one written by a trustee of the local jail, explaining that a wallet later found contained one victim’s photo ID and $60. He also said no robbery occurred, admitting he was threatened with imprisonment if he told the truth. As a result, Gladys and Jamie were framed despite their innocence. Sixteen years later, they remain imprisoned.

Three teenagers eventually admitted guilt (whether or not true), recanting false testimony at trial, and accepted a plea bargain in return for 10 months in prison. The victims also absolved the defendants out of court.

Appeals attorney Chokwe Lumumba later presented a Request for Commutation of Sentence and/or Pardon, arguing insufficient evidence at trial, an overwhelming amount exculpating. However, the appeals court found no procedural errors, affirming the lower court’s decision on December 17, 1996.

A Writ of Certiorari to the Supreme Court followed, also denied on May 15, 1997, then an Application for Leave to File Motion to Vacate Conviction pursuant to the Mississippi Post Conviction Collateral Relief Act. Unsurprisingly, the High Court again was unresponsive, rarely ever affording justice to society’s most disadvantaged, nearly always supporting the privileged even when guilty of high crimes of war or against humanity.

As a result, for years the family’s been “shell-shocked,” yet determined “to fight on,” believing right will eventually triumph over wrong, freeing Jamie and Gladys. Their mother raised their children. A massive heart attack took their father from the strain.

In addition, because of poor nutrition, inadequate healthcare, and inhumane treatment, Jamie now suffers from kidney failure, other life-threatening conditions, and since January, almost weekly setbacks.

Yet she’s gotten sporadic dialysis treatments and shoddy care overall, exacerbating her condition, several times experiencing shock. As a result, she’s gravely ill, her kidney failure at Stage 5, the highest danger level before death.

Imprisoned at Central Mississippi Correctional Facility (CMCF), she wrote:

“The injustices that have occurred are patterns within this county and their police departments,” symptomatic of America’s racist history. “This type of injustice and exploitation has been done to many African Americans (and others of color) who have lived in this county (and nation) for many years. They have been very successful in destroying many lives.”

“What began as an implication and outright miscarriage of justice, has catapulted to destroy an entire family. Gladys was a 19 year old pregnant mother, and myself, Jamie, a 22 year old mother during the time of our arrest, conviction and sentencing for a crime we did not commit.”

“We are convinced that once this chain of events is exposed and unraveled, the events that occurred, the lives that have been destroyed, the pain and suffering the citizens of Scott County have endured; everyone will be utterly amazed, astonished and compelled to assist us in our plight for freedom. We pray that the people would insist upon an investigation into their misconduct and miscarriage of justice.”

Civil Rights Advocate Dr. Adam Reza said:

“The people of Mississippi demand an investigation into the case of the Scott sisters, and we call on Attorney General Jim Hood to personally look into the health of Jamie Scott. This is (America. They’re) entitled to their civil rights. We shall pursue legal action against the state of Mississippi if matters are not rectified.”

So far, Hood assigned attorney Charles T. Rubisoff to investigate the case. Helpful information should be emailed to chrub@ago.state.ms.us.

Also contact the Committee to Free the Scott Sisters by emailing Mrs. Evelyn Rasco at:

rqueenbee2222@yahoo.com

A Final Comment

America is plagued by prosecutorial and judicial discrimination, Gladys and Jamie supporters sighting their “trial fraught with legal malpractice and witness coercion….Judge Marcus Gordon over(seeing) one of the most blatantly corrupt trials in history, culminating in (a) staggering” injustice.

More than ever today, the pattern repeats across America in federal and state courts, endangering anyone challenging power by revealing truths and defending right over wrong, making us all as vulnerable as the Scott sisters.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

By: PunkJohnnyCash, GonzoTimes.com, Contributing Writer for AnaiRhoads.org

This article is two fold. First, we will look at one of the myths that the Conservatives are spreading to justify their big government power grab in Arizona and we will see how this is false. Second, we will take the same idea, assume that it is true and show how their power grab is not justified even if it were true. 

The statist myth used to support is often to accuse the migrants of being criminals and dangerous. They partake in the classic fear mongering of the statist. The Cato Institute points out that misguided fears of crime fuels Arizona’s immigration law:

The crime rate in Arizona in 2008 was the lowest it has been in four decades. In the past decade, as the number of illegal immigrants in the state grew rapidly, the violent crime rate dropped by 23 percent, the property crime rate by 28 percent. (You can check out the DoJ figures here.)

Well that was easy.

But the murder and killing this was all about! I know some fear-mongers will say that brown people want to kill you.  Let us look at that killing this was all about for a minute and see how it is not a product of migration, but of a war declared by the conservatives and their support of morality regulation and the overpriced warfare state.

The individual in question was a farmer that was murdered. Yes the people who shot him were not citizens of the United States, and that is the wonderfully convenient half truth.   These were not people coming in to look for a new life by migrating to the U.S.  This man was killed by a drug cartel.  Oh, so it’s the criminals! I told you so Punk Johnny Cash! There are brown people from the south out to kill us!  I fail to see a television cartel, or a beer cartel.  Really the cartels are created by our prohibition supported by the same conservatives who look to place this mess on the shoulders of the migrants.  If a legal action were to be taken to make certain the tragedy of this poor man was not something that will happen again the government should look at ending their war on drugs.
Update: Current reports are saying that the killer in question was likely not an “illegal” immigrant but in fact an American citizen. Seeing that any person is innocent until proven guilty I feel it is too early to even say that the suspect is in fact the one guilty, yet alone for a state to jump the gun and pass legislation like Arizona has done.

Let us assume that a migrant was more likely to commit a crime. Now I mean an actual crime like the one committed on them, a use of aggressive force on another, not an abstract crime the state invents to justify it’s crime.  let us assume that for one minute that all the fear mongering of violent migrants killing and stealing in the streets was true.  Let us assume for a minute they are a threat.  So what? We get rid of them? Anyone fitting the description of the criminals should be punished and aggressed upon? I thought you constitution people liked the idea of innocent until proven guilty.  Let’s look at this with another group.

Let us look for a minute at rape. It can be assumed that the majority of rapes are committed by men.  So for the good of all society we will round up these men and take actions against them so the women won’t be raped. If I say oh they may commit a crime they must be attacked for this before a crime is committed then the one we accuse of being in the people group or is most likely to commit crimes is not the criminal but the victim.  Now the criminal is the state.

This is reality that we choose to not see. We choose to attempt to justify our actions that violate others the arguments presented against migration are nothing short of utilitarianism.  I reject society as a valid individual. I accept individuals as valid sovereign individuals.  I will not choose to take the liberty of the one away from that individual based on a “greater good” concept that is founded on a paranoid myth.

By Jordan Flaherty, Contributing Writer for AnaiRhoads.org

Three months ago, Arizona Governor Jan Brewer signed into law the notorious SB 1070, a bill that put her state at the forefront of a movement to intensify the criminalization of undocumented immigrants. 

Since then activists have responded through legal challenges, political lobbying, grassroots organizing and mass mobilizations. More than a hundred thousand people from across Arizona marched on the state capitol on May 29. Today, hundreds more have pledged to risk arrest through nonviolent direct action. These are the public manifestations of a widespread struggle happening in this state. The organizations leading this fight offer a template of inspiring and strategic action for people around the US who want to join in resistance to these policies.

A Rogue State

Yesterday, Federal District Court Judge Susan Bolton issued a preliminary injunction against sections of Arizona law SB 1070, which is scheduled to go into effect today. The judge put a hold on some of the most outrageous parts of the bill, such as language that mandates racial profiling by officers. However, Judge Bolton left much of the rest of the law intact, including sections that specifically target day laborers.

For Arizona activists, the legal ruling represents – at best – a small respite. “It’s not a victory, it’s a relief,” says Pablo Alvarado of the National Day Laborer Organizing Network (NDLON). “We’re putting a band aid on a wound.”

Alvarado and the organizers with NDLON are part of a broad network of national organizations and volunteers who have joined with local organizers to fight not just against this unjust law, but also against a general climate of anti-immigrant hatred. “Arizona is a rogue state,” says Alvarado. “We’re going to use every single means that we have at our disposal to fight back.”

Puente Arizona, a Phoenix-based organization that describes itself as a human rights movement working to “resurrect our humanity,” has formed Barrio Defense Committees in neighborhoods across the city. Emulating the structure of groups founded by popular movements in El Salvador, the community-based structure work to both serve basic needs, and also build consciousness and help bring people together. The committees host regular “know your rights” trainings and ESL classes, and are organizing Copwatch projects. “We ask the community to unite and organize themselves,” says Puente activist Diana Perez Ramirez. “And we are just there to support that.” More than one thousand people have joined these neighborhood organizations so far, with more joining every day.

Puente has made use of volunteers from across the US, utilizing national support to help with local organizing, and initiating direct action with the support of out of town allies like The Ruckus Society, Catalyst Project, and various chapters of Students for a Democratic Society (SDS). They have issued calls to action including a Human Rights Summer (modeled after the civil rights movements’ Freedom Summer) and “30 Days for Human Rights,” a month of actions culminating in mass civil disobedience today, the day SB 1070 will become law.

Just after midnight, as the law took effect, the first protest of the day began. Nearly 80 people blocked the intersection at the entrance to the town of Guadelupe, a small – one square mile – Native American and Latino community just outside of Phoenix. Residents and elected leadership in the town have a history of public criticism of Maricopa County Sheriff Joe Arpaio, who has been one of the main public faces of SB 1070, and most of the protesters (and all of the organizers) were from the community. Holding signs declaring their opposition to the new law and leading chants against police brutality, activists declared that Arpaio’s officers are not welcome in their town – a point they made concrete by physically blocking the main road leading in. The stand off against police lasted more than an hour, before protest leaders in consultation with the town’s mayor decided to open the intersection. Several more actions are planned for throughout today, and Arpaio has threatened mass arrests.

Working Proactively

The Repeal Coalition, a Flagstaff- and Phoenix-based grassroots organization, was formed in 2007. The group came together because they saw a vacuum in the immigrants’ rights movement in Arizona. “Some of the left here were not being very audacious,” explains Luis Fernandez of the Repeal Coalition. “The positions in the public debate ranged from ‘kick them all out,’ to ‘get their labor and then kick them out.’” The Repeal Coalition has staked out a position of calling for the elimination of all anti-immigration laws, declaring, “We fight for the right for people to live, love, and work wherever they please.” With this call, says Fernandez, “Now we can have a real debate.”

When the coalition was founded, organizers brought in labor activists to advise them on how to build an organization along similar models to those that have built strong unions, utilizing house calls, neighborhood mapping, and group meetings. Although they are an all-volunteer group with little to no funding, they have developed a structure that has initiated large protests and provided direct service, and they are now strategizing more ways to take direct action and non-compliance in the post SB 1070 era.

Fernandez says that this struggle is ultimately about overcoming fear and moving from reaction to proactive action. “We’ve been in a crisis in Arizona for a long time,” he explains. “Even if SB 1070 weren’t implemented, it wouldn’t matter. The political crisis would continue.” To address this crisis, Fernandez believes organizations must build unity across race and class. “Traditionally in America, when the working class starts suffering, instead of connecting together and looking upwards at the cause of the problem, they look sideways or downwards for who to blame.” Most importantly, he believes activists must take action to seize the initiative.

In this vision, he has been inspired by young organizers working on the DREAM ACT, a federal law that creates a path to citizenship for undocumented youth. “They came to Arizona and said, ‘we’re undocumented and we’re going to commit acts of civil disobedience.’” At first, Repeal Coalition members tried to talk them out of this action, but the youth explained, “We are going to lose our fear because it is the fear of being arrested or the fear of being deported that fuels the inability of political action.” The bravery and vision of these youth has inspired Fernandez to continue to search for new and bold ways to take action, rather than just continually respond to right wing attacks. “We need to set the agenda,” explains Fernandez. “We have to say, ‘No, you’re going to react to us.’”

Despite a range of tactics and philosophies, one thing organizers here have in common is a dedication to exporting the lessons of their struggle. While Arizona’s law is the first and most draconian, similar laws are pending across the country. And during this current national economic crisis, more and more politicians have found that they can score political points by demonizing immigrants. “The last two months we’ve had a lot of people calling us asking what they can do to help Arizona,” says Fernandez. “We say, organize in your own town. You don’t have to come to Arizona because Arizona is coming to you.”

Jordan Flaherty is a journalist, an editor of Left Turn Magazine, and a staffer with the Louisiana Justice Institute. He was the first writer to bring the story of the Jena Six to a national audience, and his award-winning reporting from the Gulf Coast has been featured in a range of outlets including the New York Times, Mother Jones, and Argentina’s Clarin newspaper. He has produced news segments for Al-Jazeera, TeleSur, and Democracy Now! and appeared as a guest on CNN Morning, Anderson Cooper 360, and Keep Hope Alive with the Reverend Jesse Jackson. Haymarket Books has just released his new book, FLOODLINES: Community and Resistance from Katrina to the Jena Six. He can be reached at neworleans@leftturn.org.

More information about Floodlines can be found at floodlines.org.  Floodlines will also be featured on the Community and Resistance Tour this fall. For more information on the tour, see communityandresistance.wordpress.com.