February 07, 2013
By ED WHITE | Associated Press
DETROIT (AP) — Former Detroit Mayor Kwame Kilpatrick declined to testify Wednesday as the presentation of evidence in his corruption trial closed after nearly 70 days.
Kilpatrick told a judge he understood he had the right to speak in his own defense but would pass. His father, Bernard, and buddy Bobby Ferguson also declined to personally rebut the government's evidence of kickbacks, fraud and tax violations during the younger Kilpatrick's time at city hall.
Closing arguments are set for Monday.
Kilpatrick, 42, declined to comment outside court. The Kilpatricks and Ferguson are charged with a broad scheme to enrich themselves by fixing contracts and pressuring businesses to pay bribes to stay in favor.
An IRS agent recently testified that Kilpatrick's spending exceeded his W-2 tax statements by more than $800,000 from 2003 to 2008. His defense lawyer has suggested Kilpatrick saved money before becoming mayor and said he was showered with cash gifts from staff and supporters while in office.
The final witnesses Wednesday were two people who said Ferguson spent millions of dollars on equipment and insurance. It was an effort to show he had a legitimate construction business, which no one has disputed.
Bernard Kilpatrick, 71, told reporters he felt "a whole lot better than I did on day one" of trial. He didn't elaborate. Ferguson attorney Michael Rataj predicted victory.
Otherwise, Rataj said, "why would I get up in the morning and do this?"
U.S. District Judge Nancy Edmunds praised jurors before sending them home until next week.
"It's been going on a long time. You've been taking a lot of notes. ... There's a lot to go over," she said.
The trial began in September but was held only for half-days. Many weeks were lost to the holidays and the illness of Ferguson defense attorney Gerald Evelyn.
Kilpatrick, a Democrat, was elected Detroit mayor in 2001. He resigned in 2008 and pleaded guilty to obstructing justice by lying in a civil case about having sex with an aide. He subsequently served 14 months in prison for violating his probation in that case.
Voters booted his mother, Carolyn Cheeks Kilpatrick, from Congress in 2010, partly because of a negative perception of her due to her son's troubles.
By DON BABWIN | Associated Press
CHICAGO (AP) — Chicago police say they've been inundated with tips about the death of a 15-year-old girl who had just returned from performing at President Barack Obama's inauguration festivities, but police, activists and ministers are still concerned that someone with valuable information might be holding out.
The reward for information about last week's slaying of Hadiya Pendleton has climbed to $40,000. But people may be afraid to come forward because they don't want to be thrust into a national media spotlight or because they are concerned for their own safety, police, activists and minister said Monday.
Hadiya, a drum majorette, was killed in a park about a mile from Obama's home on Chicago's South Side. Police say the shooter hopped a fence, ran at a group of about a dozen young people and opened fire, killing the girl. No arrests have been made.
"We've got a ton of tips," some of them from gang members, Chicago Police Superintendent Garry McCarthy said at a news conference Monday. "Nothing at this point has panned out for us."
Still, McCarthy reiterated that a "no snitch code" in the community could be preventing people from providing police with tips.
Hadiya's death has brought renewed attention to Chicago's homicide rate. The nation's third-largest city just had its deadliest January in more than a decade. Chicago had 506 homicides last year, the most since 2008.
The Rev. Michael Pfleger, a Roman Catholic priest and prominent activist on the city's South Side, has angrily called out anyone who might be protecting the gunman. But Pfleger also acknowledged that people more reluctant to come forward with information about a slaying that has attracted so much attention.
"Because now it is such a national story I think they're afraid if they come forward and say something it will be on the world news," he said. "We have to let people know that they can come forward anonymously with the information, that they don't even have to contact the police but can contact us (community leaders) and their identity can be withheld."
People might also be afraid that stepping forward means standing up to gangs. While police said Hadiya was not involved with gangs, they say her death was gang related.
"People are afraid if they do (come forward) their family members or they themselves might be shot," said Tio Hardiman, of CeaseFire, a violence prevention group that interacts with Chicago gang members.
Investigators suspect the gunman opened fire on Hadiya and others taking cover from the rain at a park because he may have believed someone in the group was associated with a rival gang.
"It's always legitimate when you are talking about something of this magnitude, where people are shooting each other," McCarthy said. But the superintendent said he's confident the anger over the death of the teenager will win out.
January 31, 2013
By Cora Jackson-Fossett
LAWT Religion Editor
Moving to assert his legal rights, the Rev. Dr. John J. Hunter filed a civil lawsuit on January 24 against individual members and the congregation-at-large of Bethel A.M.E. Church in San Francisco.
His charges against them allege assault, battery and libel he endured on November 4 when he arrived at the historic edifice to preach his first sermon as the new pastor following eight years as spiritual leader of First A.M.E. Church in Los Angeles.
“I have taken the affirmative steps to address the wrongs that have been committed against me in the city of San Francisco by the officers and members of Bethel A.M.E. Church,” said Dr. Hunter.
“We do not give up our legal rights as citizens when we’re ministers. We still have rights not to be assaulted, not to be battered, not to be defamed. God has called us to serve, not to be doormats.”
Describing Bethel’s actions as “unprecedented,” Hunter said he was shocked by “the rudeness, the crudeness, the hostility and disrespect that they have shown consistently.
“To see God’s people behaving as they did, I was devastated and hurt that people would act as they act and reject me as their pastor based on anything they might have heard and/or read.”
Dr. Hunter and his wife, Denise, have garnered steady public attention since his appointment last October. Media across the country reported when Bethel members blocked his entry into the sanctuary and in December, the FAME congregation filed suit against the Hunters contending mismanagement of church funds and property. Earlier this month, Mrs. Hunter captured news headlines by denouncing all allegations and declaring the family’s innocence of all charges.
While the community response is far from decided, one entity, the A.M.E. Church Judicial Council, addressed Bethel’s actions. In a recent decree, the body admonished the congregation and confirmed Dr. Hunter’s assignment to the church.
“The Judicial Council ruled that the activities of the members were wrong and ordered them to cease and desist of the kind of activity they had engaged in that started on November 4, physically assaulting me, blocking me from entering the sanctuary, the publication of a resolution which had erroneous material in it that they handed to me and distributed to numerous sources including media, and then, of course, their persistent walking in and out of the service, particularly out of the service when the word of God has been proclaimed,” Dr. Hunter said.
Despite the tenuous relationship with the members, Dr. Hunter said he has preached five Sunday services since his appointment. Advised by his doctor not to travel in December, he returned to the pulpit this month and intends to perform his pastoral duties.
“I remain prayerful and will continue to serve the church I have been appointed and assigned to serve as best I can and continue to pursue my legal remedies as I have laid them out as causes of action in the lawsuit,” he said.
In addition, he vowed to wait patiently for the Judicial Council’s decision on the validity of his reassignment from FAME to Bethel.
“The whole issue of the ecclesiastic legality of my move has yet to be determined, so given that, I will reserve comment until that has been dealt with internally.
“I respect the AME Church and its processes and we do have a number of processes and procedures to deal with issues as they arise in the church. I will submit to that process until it’s completed,” said Dr. Hunter.
As for allegations contained in FAME’s lawsuit, Dr. Hunter declared, “First AME’s corporations have been audited every year. We continued to use the CPA firm that was being used prior to us. It’s necessary to do that to run the various entities.
“We could not continue to serve in the various capacities which we have served in if we were not doing it with accountability and credibility.”
Although facing several challenges on multiple levels, Dr. Hunter utilizes any spare time to contemplate his future.
“I’ve not thought about giving up on God or not participating in ministry. It’s been a time to certainly reflect.
“One of my favorite scriptures, and one I found to be true, is Romans 8:28, ‘And we know that all things work together for good to those who love the Lord and are called according to His purpose.’
“So I know in my own life, even the disappointments of life, have worked for good. God knows what God is doing and He knows what we face.
“I believe that ultimately, even this horrific chapter in my life and the life of my wife and family, will ultimately work for good and we will see the hand of the Lord in this and through this before it is all said and done.”
By George E. Curry
FORT LAUDERDALE, Fla. (NNPA) – Nearly two years ago, an emotional Benjamin F. Chavis, Jr. stood before the National Newspaper Publishers Association Foundation’s annual Black Press Week observance in the nation’s capital, hoping the NNPA would launch a national campaign to win a pardon of innocence for each member of the Wilmington Ten from the governor of North Carolina.
On Thursday, he appeared at the NNPA’s mid-winter conference here, less than a month after the North Carolina governor issue the pardons just before leaving office.
“First and foremost, we want to thank God Almighty and in thanking God, we thank the National Newspaper Publishers Association for your courage, for your dedication, for your steadfastness and commitment,” Chavis told the publishers.
“Gov. Beverly Perdue, the governor of North Carolina – the outgoing governor – on Dec. 31st, the eve of the 150th anniversary of the Emancipation Proclamation, issued a pardon of innocence to the Wilmington Ten. If it were not for the National Newspaper Publishers Association, your leadership, I doubt if we would be here today.”
But Chavis was here. And so was Mary Alice Thatch, publisher of the Wilmington Journal and the person who urged the NNPA to seek pardons for the Wilmington Ten. So were James E. Ferguson II and Irvin Joyner, the original attorneys who represented the activists and stood by their side for more than 40 years. So was Cash Michaels, who wrote the stories that created tremendous pressure on Gov. Perdue to issue the pardons. And so were NNPA Chairman Cloves Campbell, who actively supported the campaign, and Dorothy Leavell, then-chairperson of the NNPA Foundation when it sponsored the Black Press Week luncheon where the NNPA decided to launch a national campaign to fully exonerate the Wilmington Ten.
“I guarantee you that there’s no other organization of journalists that could have pulled off what you just pulled off,” said Chavis, now an NNPA columnist.
What the NNPA pulled off was a 2-year campaign, which was accelerated last spring when Michaels accepted a request from Thatch to coordinate the campaign. Michaels immediately reached out to Irvin Joyner, a law professor at North Carolina Central University, to serve as co-chair of the Wilmington Ten Pardons of Innocence Project, and James E. Ferguson II, the lead attorney.
After more than a dozen stories by Michaels, most of which were published on the front page of Black newspapers across the nation; numerous public rallies, and a petition drive on Change.org that collected more than 150,000 signatures, Gov. Perdue issued the pardons on New Year’s Eve, less than a week before leaving office.
The road to complete vindication was not an easy one.
Chavis returned from New York to his home state when the United Church of Christ assigned him in Feb. 1971 to assist Black students in Wilmington protest unfair treatment of them in a newly-desegregated school system. During a period of unrest, someone firebombed Mike’s Grocery, a White-owned business located near Gregory Congregational Church, where Chavis had set up headquarters. When fire fighters and police officers arrived, they were attacked by snipers.
Chavis and nine others were charged and convicted of arson and conspiracy for their purported role in the incident. Most of the defendants received a 29-year sentence, with Ann Shepard, a White woman from Auburn, N.Y., receiving the most lenient sentence of 15 years and Chavis getting 34 years, the longest sentence.
It was later disclosed that the chief accuser against the Wilmington Ten had mental problems and the prosecutor did special favors for him and two others willing to provi
“I have decided to grant these pardons because the more facts I have learned about the Wilmington Ten, the more appalled I have become about the manner in which their convictions were obtained,” said Perdue, a Democrat. “Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed. Therefore, as Governor, I am issuing these pardons of innocence to right this longstanding wrong.”
Although many Blacks in Wilmington had shunned the wrongfully accused defendants for years, they turned out in full force at a recent rally in which members or relatives of the Wilmington Ten were presented with the pardons of innocence.
According to the North Carolina governor’s office, a pardon of innocence is granted “when an individual has been convicted and the criminal charges are subsequently dismissed. Application for this type of Pardon allows an individual to petition the Governor for a declaration of innocence when the individual has been erroneously convicted and imprisoned and later determined to be innocent.”
Chavis said, “Four members died before they could get that sheet of paper. When Fergie and Irv [the two attorneys] gave me the pardon, it was on two sheets of papers. I said, ‘Wow! This is some heavy two sheets of paper – a 40-year wait.’
“Another thing I’m most impressed about [are] my co-defendants, which you can see some of them on canes, can barely walk, they never let their spirit be broken – they kept their spirit intact.”
That spirit was captured in a moving video made by Cash Michaels, a video that documented the emotional church service in Wilmington after Gov. Perdue granted the pardons.
Throughout the video, Mary Alice Thatch, whose father supported the Wilmington Ten when many others in the community rejected them, wept quietly as she sat on the front row. She held a glass of orange juice in her left hand while using a tissue clutched in her right hand to slowly dab tears from each eye. It was a process she would repeat throughout the 15-minute video.
When the video ended, NNPA Chairman Cloves Campbell noted that many people in the audience had also been shedding tears.
After thanking the publishers, Attorney Ferguson highlighted the uniqueness of the pardon by the governor.
“This was not just a pardon of innocence that the governor signed on Dec. 31,” he explained. “Some governors over time have given pardons of innocence. But there has been no pardon of innocence in the history of North Carolina – and I doubt in the history of the country – where a governor signed it, saying our system of justice has been disgraced by the prosecution in this case. And she talked about the findings from that prosecutor’s box.
“She talked about a prosecutor who racially manipulated a trial [by pretending to be sick when a jury of 10 Blacks and two Whites were selected; when he got “well,” he had picked a jury of 10 Whites and two Blacks].
“She talked about a prosecutor who had a list of jurors that said on one side where there were White jurors: ‘KKK-good.’ And on the other side: ‘Stay away from Black men.’ So it was right there in the prosecutor’s own handwriting. And one of the things that motivated this governor was the shame that she felt in seeing what a prosecutor in North Carolina had done in order to manipulate a conviction.”
Ferguson said the governor considered taking milder actions, including issuing a pardon of forgiveness that states a person had been forgiven of a criminal conviction. In the end, she took the bolder route.
“I want you to know that it didn’t come just from the goodness of their heart,” the attorney said. “It came because you put her in a position where she had no choice. And I can tell you that they sought choices.”
Ferguson said no credible evidence was ever presented against the Wilmington Ten, including the testimony of three African-Americans who were given lighter prison terms for unrelated crimes in exchange for their testimony.
“All three young men later also recanted their testimony,” Ferguson recounted. “All took an oath and said, ‘I lied. And I lied because the prosecutor induced me to lie.’”
In reversing a lower court decision that found the activists guilty, the defense attorney said the panel of appeals judges in 1980 issued a strong rebuke of Jay Stroud, the prosecutor.
“It was one of the strongest indictments of a prosecutor I have seen in my 46 years of practice,” Ferguson said. “… It said not only did these witnesses perjure themselves, but the prosecutor knew they were perjuring themselves at the time. And that the court – the judge – aided them in presenting perjured testimony.”
Professor Joyner said there are other cases similar to the Wilmington Ten that deserve media attention.
He told the publishers: “Wherever your newspaper is located, there is a story of injustice that you ought to go out and find and lift up in the very same way you lifted up the Wilmington Ten story.”
Los Angeles County is planning a crackdown on makeshift maternity wards where mothers from other countries stay while giving birth so their children will be U.S. citizens.
The county has received 60 complaints about such facilities in the past month, according to a report by the Planning Department submitted to the Board of Supervisors, the Los Angeles Times reported.
That compared to just 15 complaints in the previous five years. The surge might be due to publicity over the closure of a house in Chino Hills that authorities contended had been used to house as many as 30 Chinese women.
It isn’t illegal for foreign citizens to give birth in the U.S., but authorities say the maternity tourism hotels frequently are remodeled single-family homes in areas that aren’t zoned for hotels or boarding houses.
County Supervisor Don Knabe wants to develop a county law that would specifically outlaw such facilities.
“They’re a moneymaking machine. They’re totally unsafe,” Knabe said. “It’s so obvious that they jeopardize not only the health of the baby, but the mother as well.”
The Planning Commission report said efforts were being made to crack down on the hotels for zoning, building and health code violations.
Pregnant women, many from Asia, can pay thousands of dollars to stay in the facilities, authorities said.
Officials who went to the Chino Hills home in November said the single-family home had been divided into 17 bedrooms and 17 bathrooms. Neighbors complained of a sewage spill from an overloaded septic tank.
The house was shut down after the city sued the owners.
Elsewhere, joint inspections have been staged by the planning, public works and child welfare departments, and cases have been referred to the state tax board, the report said.
Inspections can be difficult because people answering the door sometimes claim they are unable to speak English and won’t allow inspectors to enter. The Planning Department will try to include Chinese-language translators on its inspection teams, the report said.
In addition, child welfare investigators will look for signs of child abuse and neglect, such as newborns crowded into makeshift nurseries, said Neil Zanville, a spokesman for the county Department of Children and Family Services.
“We’d not only ask about sleeping arrangements, we’d ask, has this baby been seen by a doctor? Has it had its shots?” Zanville said.
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