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  • 29Dec

    Cherry Tree Crossing Shooting Victim Dies, Candlelight Vigil Held

    23-Year-Old Justin Elmore, the latest victim of a capitalist police force tasked with holding us down.

    1 of 3 dashcam videos from Cherry Tree Crossing shooting damaged

    The SUV Justin Elmore was in, note the bullet-holes on both sides of the vehicle, and the huge missing portion on the driver’s side window.

    A young black man is murdered by the cops in the projects and the lines are drawn.  One one side we have the apologists for the police state and police brutality.  They are quick to drag the victim’s (23-year-old Justin Elmore’s) name through the mud with vicious character assassinations.  They note his criminal record and trying to degrade him to the point that he is portrayed as a life-long criminal who needed to be eliminated one way or another (prison or murder).  First they said that the SUV Elmore was driving was stolen, then they admitted it wasn’t.  Now they are centering in on the allegation that Elmore tried to ram the police officer with his SUV, which doesn’t square with the fact that Elmore was never arrested for a violent offense and the comments from residents that Justin was shot through the side of his vehicle.

    On the other side we have a community filled with angry residents, tired of being brutalized by the police.  Here’s a description of the community’s response:

    …deputies dealt with another night of violence in Augusta’s Cherry Tree Crossing housing project. On Monday night, a deputy’s patrol car was hit with a bullet. The incident appeared isolated, however, and police said the area has been generally quiet since Sunday when an angry crowd of as many as 200 lobbed rocks and bottles at police following the shooting of a 23-year-old fleeing drug suspect.

    According to sheriff’s reports, Cpl. Charles Benson was patrolling in the 1600 block of McCauley Street at 11:30 p.m. when he heard five or six gunshots. The deputy then heard a thump in the rear of his vehicle where a bullet struck the license plate, the report said.

    And again, a few days later:

    Many living in the Sunset area gathered Tuesday to remember Justin Elmore at this make-shift memorial. But the calm scene turned into chaos—after some people took to the streets. Those residents say they are angry about the shootings and feel it was not called for. The riot team was in full gear and tried to get some of the crowd under control as objects were being thrown in the air and at authorities.

    At least three people were arrested for disruptive conduct. At one point traffic along 15th street and Carver Drive was backed up and had to be controlled by deputies. A nearby convenience store also had to be secure by authorities. It took police about 30 minutes to calm everything down.

    Clearly the community is fed up with police brutality.  But in between the community and the apologists are the prominent local and national leaders who are trying to maintain the peace and steer dissent into the ‘proper’ channels (i.e. police internal investigation and the Democratic Party).

    But let’s talk about Justin Elmore’s supposed criminal record that is giving these apologists so much ammunition to slander Elmore’s character.  But before we even post his record and discuss it, let Malcolm-Che go on the record here and now as saying that it doesn’t matter what type of record this individual had, no one deserves to be killed in the streets like this.  We’re posting his record to discuss how it is a great example to show the harrassment that people deal with at the hands of the police.

    An image from a local TV station, which is being used to portray the VICTIM – Justin Elmore – as a vicious criminal.

    ELMORE’S YEARS OF TROUBLE WITH THE LAW:

    Justin L. Elmore’s criminal history from age 17 to 23:

    NOV. 26, 2002: Arrest on misdemeanor obstruction charge for running from officer

    DEC. 3, 2002: Charged with giving a false name

    JUNE 25, 2003: Charged with obstruction for running from drug agent

    OCT. 22, 2003: Charged with possession of marijuana, obstruction and giving a false name after struggling with a deputy while trying to hide a marijuana cigarette in his mouth

    DEC. 29, 2003: Charged with theft by receiving, speeding, driving without a license and disorderly conduct after being stopped for speeding; theft charge dismissed in 2004

    SEPT. 3, 2004: Charged with speeding and driving without a license

    JAN. 27, 2005: Charged with being a minor in possession of alcohol and violating open container law; he was passenger in car stopped for speeding

    DEC. 19, 2005: Charged with possession of cocaine with intent to resell and theft by receiving a stolen 9 mm handgun

    APRIL 27, 2006: Traffic stop for improper windshield tint and driving without a license

    JUNE 30, 2006: Arrested for driving without a valid license, misdemeanor possession of marijuana and possession of Ecstasy

    AUG. 4, 2006: Arrested for possession of cocaine; released on bond

    SEPT. 5, 2006: Bench warrant issued for his arrest after he doesn’t appear for arraignment

    OCT. 4, 2006: Pleads guilty to three pending felony cases. Judge J. Carlisle Overstreet sentences him to five years’ probation under the First Offender Act and sets fine and surcharges at $5,550

    JUNE 28, 2007: Probation officer files revocation petition because Mr. Elmore had not reported since January or paid on his fines and fees

    AUG. 8, 2007: Arrested for speeding and driving without a license

    AUG. 15, 2007: Judge signs order to release Mr. Elmore from jail; payment on his fine is made and he is returned to probation

    SEPT. 11, 2007: Charged with driving without a license

    OCT. 19, 2007: Probation officer files petition asking judge to revoke the First Offender sentence because of arrest on traffic offenses and because he didn’t report to probation, do community service or stay employed

    NOV. 11, 2007: Judge returns him to probation, increasing the supervision to “intensive” probation

    JAN. 29: Charged with seat belt violation and driving without a license

    MARCH 26: Driving movement violation, failure to stop after an accident, driving without insurance and without a driver’s license

    APRIL 21: Traffic ticket because of speedometer not working

    AUG. 24: Arrested on charges of possession of cocaine with intent to resell and misdemeanor offenses of possession of marijuana and obstruction

    AUG. 27: Judge signs order releasing him from jail; probation officer concurs.

    OCT. 29: Judge Overstreet revokes First Offender status. No hearing date is set to determine whether the probation sentence should be changed to a prison sentence.

    Source: Richmond County state and superior court records

    On message boards all over the internet, this rap sheet is sending shockwaves through more privileged circles.  “How could he not go to jail?!?!”  Instead of looking at all these bullshit charges for what they are, they only see the length of his rap sheet and cry out “send him away!!”

    So Justin Elmore had a few possession charges from either trying to get high or trying to make ends meet, and a whole slew of bullshit harassment charges stemming from being impoverished and black.  After looking at these charges it would make sense that Elmore might try to get away from the police, after all… he was facing some time.    What we don’t see in any of these charges is any type of violent crime, aside from struggling with a cop as he tried to eat his marijuana joint (which we don’t consider violent anyways).  Not even a domestic charge with a family member.  To portray Elmore as some time of violent criminal or even a life-long criminal is totally off the mark and very slanderous.  To infer, from this record, that Justin Elmore is the type of person who would run down a police office with his car is ridiculous.  The dude never got even one assault charge in his life, now he’s just going to murder a cop?  All we see from this rap sheet is a portrait of an oppressed person under constant harassment.  How many times did he get pulled over and harassed by cops?!

    But while the community was angered by the police repression and resistance flared up a couple of times as a result of that anger, there were typical local reformist leaders that came out to blame the victim.  Consider Example A, Macedonia baptist Church Pastor Gregor M. Fuller (who delivered Justin Elmore’s eulogy):

    Here is journalist Johnny Edwards’ account:

    Macedonia Baptist Church Pastor Gregory M. Fuller delivered a moving eulogy. He said God can bring good from his death, and he called for young people to honor his memory by getting educations and ridding themselves of “the welfare mentality.”

    At one point during the service the Rev. Fuller asked a Tubman Middle School student named Carlos to stand up.

    “That’s one brother that ain’t gonna’ be lost in the street,” he said. “We can save our young people, so they don’t end up messed up.”

    THE WELFARE MENTALITY?!?!?  Is this really the time to be speaking on the “welfare mentality”?!?!  Well speaking of honoring the memory of Justin Elmore why don’t we start by not blurring the issues and playing into the right-wing’s hands.  What the hell does a welfare mentality have to do with being murdered in cold-blood by a police officer?  And by saying that ‘Carlos’ won’t end up “messed up” the pastor was basically saying that Elmore was “messed up.”  Like as if he was some unfixable automon that could never be straightened out.  A community is outraged by police violence and the pastor comes over talking about messed up youths and welfare mentalities.  How much more bankrupt can you get?  Well, here Fuller is again:

    Dr. Gregory Fuller,  Pastor, Macedonia Baptist Church: “There’s nothing to be mad about until the investigation is complete. We want to make sure that justice prevails.”

    It is the unified message going out to the city of Augusta.

    Dr. Fuller: “As leaders of this community, we join together in calling for calm. Again I say, we are calling for calm as we await the outcome of the ongoing investigation by the GBI.”

    You must be joking Dr. Fuller!!  There’s nothing to be mad about until the investigation is complete?!?!?!  See, this is the role of a reformist community leader such as Dr. Fuller.  He comes out and tells the angry and emboldened communtiy members to stop taking to the streets, to be “calm” and wait for the police to tell us if the police did anything wrong.  How can we trust the police to tell us what is REALLY going on?!

    And of course Al Sharpton showed up as well.  As a former Democratic presidential candidate (i.e. a reformist) he did what he usually does, talks a good one and then goes back home.  The only group that kept it real – it seems – is the Augusta chapter of the New Black Panther Party:

    Leader of the Augusta, Georgia NBPP Bobby Price.. expressed frustration with the Rev. Sharpton, accusing him of kowtowing to city and church leaders. Mr. Price said he was trying to give residents of Cherry Tree Crossing an outlet to vent their frustrations.

    “We’re trying to be an influence in a positive way. We’ve got to get people talking, debating the issues,” he said. “It’s giving a voice to the voiceless.”

    That’s what Malcolm-Che is talking about!!  We have been critical towards the NBPP in the past, but it seems that the Augusta leader Bobby Price is right on with his politics, on display here:

    Mr. Price said he wants to embolden poor blacks to emerge from the shadow of slavery and Jim Crow, and he doesn’t see where insulting whites and Jewish people fits into that.

    “I’m about opposing racism, and if I take flack from those who think that’s too soft, I’m OK with that,” Mr. Price said.

    To him, black supremacy doesn’t mean blacks are superior to other races, he said. It’s about teaching young blacks that their history goes back further than their ancestors’ arrival in slave ships, that black people founded the first human civilizations. He said he’s not anti-Jewish, but anti-Zionist because he believes in Palestine’s right to exist.

    Monday’s protest wasn’t about race, Mr. Price said. One of the deputies involved in the shooting is black. Mr. Price said he opposes anyone who oppresses black people.

    “It’s not about the color of the person’s skin,” he said. “We see it as a police brutality issue.”

    No doubt, comrade!  This is a police brutality issue.  At least someone was there to clarify and didn’t sell out.

    Here are a bunch of articles and links to info around this case, including ones that I quoted:

    ——————————————————————–

    Suspect whose shooting provoked Sunday outbreak dies

    http://chronicle.augusta.com/stories/latest/lat_500169.shtml

    The man shot by police Sunday at a local public housing complex died tonight.

    Justin Leonard Elmore was taken off life support by his family, according to a cousin who was at Medical College of Georgia Hospital when he passed away. Brenda Givens said the family made the decision after doctors determined he was brain dead.

    “Everybody is having a hard time with it,” she said between sobs during a phone call from the hospital.

    Ms. Givens said the family continues to believe the shooting was uncalled for.

    “It ain’t right,” she said. “This was some wrong stuff that happened.”

    News of Mr. Elmore’s death spread quickly and a candlelight vigil was organized at the site of Sunday’s altercation near the Cherry Tree Crossing housing complex.

    Police said Mr. Elmore was shot Sunday afternoon when he tried to drive his SUV over deputies attempting to stop him on suspected drug charges. The incident at Carver Drive and 15th Street brought up to 200 people into the street, and many began throwing rocks and bottles at police and setting trash in dumpsters afire.

    The Georgia Bureau of Investigation said Tuesday it has a police car video of the incident but won’t make it public until it concludes its investigation into the shooting.

    GBI Special Agent Gary Nicholson said the video is considered evidence in the investigation of the deputies to determine if they were justified in shooting Mr. Elmore.

    “We have looked at them in detail,” Agent Nicholson said. “We cannot release them but they have been entered as evidence in this case and as such they are not available for public record at this point in the investigation.”

    On Monday, Richmond County Sheriff Ronnie Strength said the video appears to show that his officers, Jose Rivera Ortiz and Michael Hodge, acted appropriately in shooting a man who tried to ram Deputy Ortiz with his SUV. Agent Nicholson said he has watched video from both deputies’ patrol cars and that they “accurately show what happened.”

    This comes as deputies dealt with another night of violence in Augusta’s Cherry Tree Crossing housing project. On Monday night, a deputy’s patrol car was hit with a bullet. The incident appeared isolated, however, and police said the area has been generally quiet since Sunday when an angry crowd of as many as 200 lobbed rocks and bottles at police following the shooting of a 23-year-old fleeing drug suspect.

    According to sheriff’s reports, Cpl. Charles Benson was patrolling in the 1600 block of McCauley Street at 11:30 p.m. when he heard five or six gunshots. The deputy then heard a thump in the rear of his vehicle where a bullet struck the license plate, the report said.

    The Sheriff’s Office along with Georgia State Patrol troopers, increased their presence in the area

    The two deputies have been placed on administrative duty pending a GBI review of the case.

    Anyone with who witnessed the incident is asked to call the GBI at (706) 595-2575.

    Questions remain about Cherry Tree Crossing

    http://metrospirit.com/index.php?cat=1992409084010404&act=post&pid=12352912083021031

    What happened at Cherry Tree Crossing? The sheriff’s department got a call that a stolen dark SUV in the neighborhood was carrying drugs and weapons. The description of the vehicle presumably didn’t include a tag number. Three deputies attempted to pull over Justin Elmore in his not-stolen SUV. In the words of Sheriff Ronnie Strength:

    “There was one patrol car in front of the suspect vehicle and another behind it. The deputy in front of the SUV exited his patrol car and was approaching the SUV when the subject backed into the patrol car in the rear and then drove forward in the direction of the deputy. The officer fired his weapon into the direction of the suspect’s vehicle striking the front windshield and into the front passenger window as the suspect passed next to the deputy.”

    The sheriff at the time of the press conference did not know how many shots were fired. (Isn’t there a form that gets filled out when a deputy fires a weapon? Isn’t number of shots important information? When will the sheriff know how many shots were fired?) Is there a bullet hole in the windshield? The hole in the driver’s side window is very apparent. Are they still calling it self-defense even though shots were fired as the car drove by? What is the policy when a person evades a traffic stop this way? Is it policy to shoot the driver? Is there a policy?

    The sheriff tells the press that there is video and that “the video will tell the complete story on exactly what happened. We will not release it. I’m gonna leave that up to the GBI. The video is evidence and it will be up to them at what time they will release it.”

    The GBI has since announced that they will not release the video. Don’t we pay for those dashcams? Why can’t we see the video? Wouldn’t it be helpful for people who fear the police to see that this shooting was justified? Wouldn’t it be good to clear the shooting deputies’ names by showing the video? Does the GBI think the video is just too gruesome for our innocent eyes? We need the protection of the GBI, but is shielding us from unpleasantness the protection we need?

    Funeral For Cherry Tree Crossing Shooting Victim Held Monday
    article/funeral_for_cherry_tree_crossing_shooting_victim_held_monday/9630/

    Augusta, GA—Reverend Al Sharpton, President, National Action Network: “No one wants to bury their children, but we also want to make it clear we are going to stand with this family.“

    In a display of calm and a call for unity, Reverend Al Sharpton offered words of support and comfort to the hundreds who paid their respects to Justin Elmore. Many are angry and saddened over his death.

    Rev. Sharpton: “If anything good is going to come out of this situation, we in the community have to understand it ain’t going to be easy.“

    Rev. Sharpton says he has met with Elmore’s family, clergy, and elected officials to make sure justice is served.

    Rev. Sharpton: “There has been a call for peace and calm and I join that, but there must be an equal call for justice…to call for peace without justice is just to call for quiet…amen. We need real peace and peace is when all of us are respected the same way.“

    Elmore’s shooting and news of his death sparked outrage and led to tension between residents of Cherry Tree Crossing and police. Neighbors in Cherry Tree Crossing took to the streets, throwing rocks and bottles at police. Officers in riot gear worked to control the crowd.

    Monday, Rev. Sharpton says there has to be mutual respect on the part of the community and police in the aftermath of the shooting death.

    Rev. Sharpton: “I appeal to those in Augusta to understand that these are our children, some of them, make mistakes, sometimes they may even break the law. That’s why they have courts, but don’t expect us to sit silently while you take target practice on our children…“

    Elmore had an extensive arrest record and police suspected he had drugs and weapons in his vehicle, the night of the shooting. Rev. Sharpton told the standing room only crowd that the investigation should be done fairly and that Augusta’s leaders should make sure it happens that way.

    Rev. Sharpton: “Criminals are wrong if they’re in blue jeans, or in blue uniform. There must be one law for everybody. We respect police. We need them, but we need them to respect the law.“

    The GBI is heading up the investigation. The agency says it will not release dash cam video of the shooting. Its findings from the investigation will be turned over to the District Attorney’s office.

    Sharpton speaks at Augusta funeral for man shot by police

    The Rev. Al Sharpton will be in Augusta on Monday speaking at the funeral of a 23-year-old black man whose fatal shooting by sheriff’s deputies has sparked racial tensions between the police and the community.

    Authorities say Justin Elmore was shot last Tuesday after he allegedly tried to run over the officers during a traffic stop after he was pulled over for driving a suspected stolen vehicle. He died after his family took him off of life support later the same day.

    Some outraged over the shooting have thrown rocks and bottles in protest.

    Elmore’s funeral is scheduled for 11 a.m. at Macedonia Baptist Church.

    Civil Rights Group Demands Answers After Cherry Tree Crossing Shooting

    http://www.wjbf.com/jbf/news/state_regional/georgia/

    article/civil_rights_group_demands_answers_after_shooting/9549/

    Augusta) – Members of the Southern Conference Leadership Conference are demanding answers after two officers shot and killed alleged drug dealer Justin Elmore in the Cherry Tree Crossing community.

    James Ivery is president of the local chapter of the SCLC.

    Ivery: “If there is an illegal killing in Cherry Tree Crossing by the Richmond County Sheriff’s Department. The SCLC, The National Action Network, the NAACP we will address this problem.”

    The Sheriff says deputies shot Elmore when he refused to stop. Officers say he used his SUV as a weapon to try to run over them.

    Yusuf Shahid lived in Cherry Tree Crossing, and knew Elmore.

    Yusuf Shahid: “If the officer’s lives were in jeopardy, why did they not shoot the tires out? What’s the protocol for this type of incident? We’re asking all people, regardless of your nationality, your religion, or whatever, to come and support this issue to stop this madness.”

    A candlelight vigil was held in Elmore’s memory, Tuesday, after news of his death. But a short time later, unrest once again descended on the neighborhood.

    State troopers and the SWAT team worked to restore order.

    Wednesday, Ivery called for calm from residents and asked them to let the SCLC and other civil rights groups work to get answers.

    Ivery: “We cannot do anything angry. We cannot solve anything by burning down dumpsters. We cannot do anything by throwing rocks and bottles at the police.”

    Shahid and Ivery want to know why they haven’t seen other elected officials.

    Shahid: “Deke Copenhaver came prior to him being elected and drank with us at the Sunset reunion, but has not sent anyone with us to talk to us.

    Ivery: “The Mayor should have been here when it first happened, but he’s not. Where is the Mayor?“

    FBI gets malfunctioning video; four in custody identified

    http://chronicle.augusta.com/stories/latest/lat_500171.shtml

    The Georgia Bureau of Investigation said this afternoon that it has sent a malfunctioning dash camera video tape from Sunday’s police shooting of Justin Elmore to the Augusta Office of the FBI.

    The videotape will be forwarded to the FBI Crime Lab in Washington for repair and video recovery, according to a statement from Gary Nicholson, special GBI agent in charge of the regional office.

    Two other video cameras also captured the incident, but authorities have refused to make their images public, although Sheriff Ronnie Strength says he has seen them and they support the action taken by his men.

    Mr. Elmore was shot Sunday during a confrontation with Richmond County sheriff’s deputies, an incident that has produced demonstrations and protests around the Cherry Tree Crossing public housing complex for the past three nights.

    Four were arrested Tuesday night and charged with disorderly conduct. They were identified today as:

    * Dexter Barnett, 21, of the 1500 block of Wooten Street.

    * Rodriquez McFadden, 17, of the 1600 block of McCauley Street.

    * Michael Harry Riley, 52, of the 1500 block of Bleakley Street.

    * Bartrell Griffin, 17, of the 2800 block of Rocky Creek Road.

    Sgt. Ken Rogers said none of the men have been accused of assaulting a police officer.

    Also today, state Rep. Wayne Howard said he plans to meet with the residents of Cherry Tree Crossing.

    After a breakfast meeting between legislators and the Richmond County school board, Mr. Howard said no meeting is scheduled for the residents of the community, but one will be held.

    His state House district includes the public housing community where Mr. Elmore was shot. He died Tuesday after being taken off life-support systems.

    Ministers Meet With Local Leaders About Cherry Tree Crossing

    http://www.wjbf.com/jbf/news/state_regional/georgia/

    article/ministers_meet_with_local_leaders_about_cherry_tree_crossing/9584/

    Augusta, GA—Community leaders say enough is enough, and they’re stepping up, hoping to put an end to the violence. They’re trying to find a new way to move forward, peacefully, especially, while the investigation is ongoing.

    Thursday, a closed-door meeting was held at the Good Shepherd Baptist Church. More than 20 community leaders were there, including some local ministers…all of them with the same agenda.

    Dr. Gregory Fuller,  Pastor, Macedonia Baptist Church: “There’s nothing to be mad about until the investigation is complete. We want to make sure that justice prevails.”

    It is the unified message going out to the city of Augusta.

    Dr. Fuller: “As leaders of this community, we join together in calling for calm. Again I say, we are calling for calm as we await the outcome of the ongoing investigation by the GBI.”

    Thursday, more than 20 community leaders, including the Mayor, Sheriff Strength, and area ministers, joined forces, trying to find a way to restore peace in the Cherry Tree neighborhood.

    Mayor Deke Copenhaver, Augusta:  “We are a strong community, we can come together, we can get through these things, and I saw that this morning.”

    During a taping of WJBF News Channel 6’s, ‘The Means Report,’ Mayor Copenhaver and Commissioner Alvin Mason talked about restoring trust back into Cherry Tree Crossing.

    Mayor Copenhaver:  “The Commission has banded together, we’re doing a good job. I can’t say to anybody, ‘well you need to trust this person or that person,‘ we as a city government, though, are focused on returning the public trust to this entity.”

    Alvin Mason, Commissioner:  “I think it would be premature for someone to make a statement about how someone feels or does not feel in reference to the Sheriff’s Department, so my focus and our focus as leaders is to restore the calm.”

    And restoring calm, is exactly what these leaders have set out to do.

    Dr. Fuller:  “We’re going to preach it, we’re going to go into the streets, we’re going to talk to the residents of the neighborhood, we’re going to be out there.”

    You can catch more of what Commissioner Mason and Mayor Copenhaver had to say by watching ‘The Means Report.’ It airs this Sunday afternoon at 12:30 p.m. on our secondary digital station, RTN. That is channel 246 for most cable subscribers.

    Shooting is lesson to stop for police

    http://chronicle.augusta.com/stories/2008/12/27/let_505471.shtml

    If her children were playing in the yard and Justin Elmore, while fleeing from the officers, veered off the road and ran them over, would she still think the officers should have just “jumped or ran out of his way” and let him go?

    What if, in the ensuing chase, he crashed into a family and killed them? Would she still believe it is a good idea to let this career criminal, with a history of fleeing from the police, just go? Or would she prefer the police just let all criminals run away and never be caught or punished for their crimes?

    The officer who fired on Elmore was on foot. He was walking toward Elmore’s car. He did not have the protection of his squad car around him. After seeing Elmore ramming another officer’s car and steering toward him, he had no doubt Elmore would have no problem running him over. He was faced with a 3,500-pound weapon aimed directly at him, and he did what he had to do to stop the threat.

    It is always tragic when someone loses their life, but police officers put their lives on the line for us every single time they go to work. Sometimes they have to make split-second, life-and-death decisions — decisions none of us would ever want to make.

    Elmore was not some innocent bystander gunned down; he was a career criminal trying to flee from police. He was wrong for not stopping. He was wrong for aiming his car at a police officer, and sadly he paid the ultimate price. Let this be a lesson to all of us: When the police say stop, stop !

    Man’s minor crimes added up over years

    http://chronicle.augusta.com/stories/2008/12/21/met_504850.shtml

    In his short adult life, Justin Elmore was in and out of court more often than some lawyers.

    Though police never charged Mr. Elmore with a violent crime, the 23-year-old fatally shot by deputies last week appeared to be constantly on their radar.

    In addition to three felony drug cases, Mr. Elmore had 12 different misdemeanor cases.

    He spent time in jail, but never for very long. That’s not a surprise to people familiar with the criminal justice system. Only so many people can fit in overcrowded jails and prisons, and judges prefer to use those spots for criminals who commit violent and major crimes, attorneys said.

    Mr. Elmore’s offenses mostly dealt with drug possession and traffic violations.

    Veteran criminal defense attorney Pete Theodocion said Mr. Elmore’s number of arrests might shock some people, but it is probably more reflective of his socioeconomic circumstances.

    People in poor neighborhoods have more contact with police, he said. If someone has a proclivity to act out, he is going to be in court a lot, Mr. Theodocion said.

    The reality is a college student who uses marijuana constantly is less likely to be arrested than a user in public housing.

    “It is what it is,” he said.

    Still, a dozen arrests is an extreme number, said Augusta attorney Scott Connell, who has practiced law as a prosecutor and a defense attorney.

    Once a person is known to the police, he can expect more encounters, and if he is hanging out in areas where police know drugs are bought and sold, the chances of being stopped and questioned increase even more, Mr. Connell said.

    He agrees with Mr. Theodocion that the police presence is greater in poor neighborhoods. It’s also where police are needed more, Mr. Connell said.

    But the perceptions residents there have of police are often negative. People in middle- and upper-class areas see a police presence as a comfort, not intimidation, Mr. Connell said.

    Richmond County State Court Judge David Watkins sees a lot of repeat misdemeanor offenders. Augusta isn’t a very big city, and once a person is on the radar of law enforcement, he tends to remain there, the judge said.

    Mr. Elmore owed more than $5,000 in fines on his felony drug convictions and thousands more from his misdemeanor cases. The probation department filed violation warrants numerous times because, for one reason, Mr. Elmore wasn’t paying on his fines.

    Judge Watkins said he and other judges are willing to convert fines into community service or waive fines if defendants follow the probation rules.

    “It’s not locked in that someone is set up to fail,” he said. “But sometimes it’s almost that the system is trying harder to help them than they are willing to help themselves.”

    SUV in shooting wasn’t stolen

    http://chronicle.augusta.com/stories/2008/12/20/met_504789.shtml

    The SUV driven by a man fatally wounded by police Sunday was not stolen, the GBI said Friday, addressing controversy surrounding ownership of the vehicle.

    However, Special Agent Gary Nicholson of the Georgia Bureau of Investigation wouldn’t release information about who does own the Chevrolet Tahoe driven by Justin Elmore.

    Mr. Elmore, 23, was shot by sheriff’s deputies who said he was trying to run them over after they had stopped him near Augusta’s Cherry Tree Crossing housing project.

    Richmond County Sheriff Ronnie Strength said Thursday that some confusion about the SUV’s ownership likely stems from calls to police about a similar vehicle reported stolen Sunday night.

    “Never was I ever told that the SUV was stolen,” he said. “He was in his SUV. It was about the drugs and the gun.”

    Augusta Commissioner Corey Johnson also said Sunday night that he was told deputies got a tip that a stolen black SUV in the area carried drugs and guns.

    Deputies Jose Ortiz and Michael Hodge were responding to such a tip, according to authorities. The deputies say that when they boxed in Mr. Elmore’s SUV, he put his car in reverse, rammed into Deputy Hodge’s patrol car and then tried to hit Deputy Ortiz, who approached on foot from the front.

    Sheriff Strength said he believes Deputy Ortiz fired two shots at the front windshield, then shot through the front passenger side window as the SUV passed him. He said Deputy Hodge also fired his gun, but he was not sure where those shots went.

    The two deputies both had .40-caliber semiautomatic Glocks with 13-bullet clips, Sheriff Strength said. He said he didn’t know how many shots were fired.

    Mr. Elmore died Tuesday night after being taken off life support at Medical College of Georgia Hospital.

    Both deputies have been placed on administrative duties pending the outcome of an ongoing investigation, Agent Nicholson said.

    A third deputy trailed behind the two officers but did not fire shots, Sheriff Strength said. The dash camera from that deputy’s car malfunctioned and will be sent to the FBI Crime Lab in Washington to try to recover any images. The recording won’t show details of the shooting because the camera was facing toward an apartment at Cherry Tree Crossing, Agent Nicholson said.

    “In order to be thorough, we wanted to still check the tape,” he said.

    The two other police cars recorded the incident, but authorities have not made the recordings public.

    New Black Panther Party denies charges of racism

    http://www.independentpoliticalreport.com/2008/12/new-black-panther-party-denies-charges-of-racism/

    Before marching through Cherry Tree Crossing with armed members of the New Black Panther Party – as an observing journalist, of course – I knew very little about the group.

    My covering the protest Monday happened spur of the moment. The day started with an assignment to cover the funeral of Justin Elmore, killed in a police shooting Dec. 14. There were about a half dozen men at the church in black uniforms. Later in the day, I got word of a press conference at the site of the shooting, which turned out to be a march of about 200 people led by those uniformed men.

    They had no permit and they hadn’t notified the city in advance. They marched carrying shotguns and assault rifles, alarming Cherry Tree Crossing residents and raising the ire of Richmond County Sheriff Ronnie Strength. The sheriff dispatched deputies in riot gear, and Panthers Augusta chapter Chairman Bobby Price, wanting to avoid a confrontation, had his people put away their guns and quickly wrapped up the demonstration.

    Back at the office that evening, under deadline pressure, a cursory Internet check of the New Black Panthers revealed they’re not part of the late Huey P. Newton’s leftist civil rights organization of the 1960s and 1970s. I called Mr. Price and confirmed that, even though his business card spells Panthers with an s, his group is part of the New Black Panther Party for Self-Defense, a militant black supremacist group that formed in Dallas, Texas, in the late 1980s.

    More research the following day turned up some disturbing stuff. I found accounts of New Black Panther leaders spewing anti-Semitic, racist vitriol and inciting confrontations. These were the guys who attacked reporters outside former U.S. Congresswoman Cynthia McKinney’s campaign headquarters after she lost in a 2006 runoff. Late National Chairman Khalid Abdul Muhammad called for genocide of whites and Jews. Both the Southern Poverty Law Center and the Anti-Defamation League consider the New Black Panthers a hate group, and the Huey P. Newton Foundation has called it illegitimate and denounced its hatred of whites.

    I interacted with Mr. Price a good deal on Monday and didn’t get a racist vibe from him. I called him again and asked more questions about the party. I read him a quote from Mr. Muhammad: “There are no good crackers, and if you find one, kill him before he changes.”

    “I don’t personally feel that,” Mr. Price said. “I understand that some offensive things have been said about whites and others, but that doesn’t define who we are.”

    Mr. Price said he wants to embolden poor blacks to emerge from the shadow of slavery and Jim Crow, and he doesn’t see where insulting whites and Jewish people fits into that.

    “I’m about opposing racism, and if I take flack from those who think that’s too soft, I’m OK with that,” Mr. Price said.

    To him, black supremacy doesn’t mean blacks are superior to other races, he said. It’s about teaching young blacks that their history goes back further than their ancestors’ arrival in slave ships, that black people founded the first human civilizations. He said he’s not anti-Jewish, but anti-Zionist because he believes in Palestine’s right to exist.

    Monday’s protest wasn’t about race, Mr. Price said. One of the deputies involved in the shooting is black. Mr. Price said he opposes anyone who oppresses black people.

    “It’s not about the color of the person’s skin,” he said. “We see it as a police brutality issue.”

    Mr. Price said he’s been chairman of the Augusta chapter for about five years. It has seven members including him, all of whom took part in the march.

    New Black Panther groups often carry weapons in public appearances. The organization has staged protests over the dragging death of James Byrd in Jasper, Texas; in Jena, La., over the Jena Six controversy; and outside Duke University, where they demanded justice for a stripper who – it turned out – falsely accused three lacrosse players of rape.

    The Rev. Al Sharpton has been peripherally involved, speaking at the party’s Million Youth March and arranging for Mr. Muhammad, who died of a brain aneurysm in 2001, to speak to street gangs. After Mr. Elmore’s funeral Monday at Macedonia Baptist Church, the Rev. Sharpton exited through the front door, then reentered the church through a lower-level side door where the Augusta Panthers had gathered in a hallway. A church official wouldn’t let me in.

    Hours later, as Mr. Price readied for the march, he expressed frustration with the Rev. Sharpton, accusing him of kowtowing to city and church leaders. Mr. Price said he was trying to give residents of Cherry Tree Crossing an outlet to vent their frustrations.

    “We’re trying to be an influence in a positive way. We’ve got to get people talking, debating the issues,” he said. “It’s giving a voice to the voiceless.”

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  • 29Dec

    The state is willingly and knowingly poisoning these prisoners beyond the legal level.   “It’s not that major of an issue,” said Kelly Harrington, the prison’s new warden.  I’m guessing the warden’s family isn’t locked up.  Harrington may as well say “let them eat cake.”  For the vast majority of these inmates it isn’t the first time and it won’t be the last time that society has turned its back on them.

    Arsenic levels too high in Kern Valley State Prison’s drinking water

    From the tap

    Drinking poisoned water when you have no alternative.

    Arsenic in water

    Making some jailhouse pasta with poisoned water.

    http://www.latimes.com/news/local/la-me-arsenic29-2008dec29,0,6539747.story

    Reporting from Delano — Beside a field of rolling tumbleweed in this remote Central Valley town, the state opened its newest prison in 2005 with a modern design, cutting-edge security features and a serious environmental problem.

    The drinking water pumped from two wells at Kern Valley State Prison contained arsenic, a known cause of cancer, in amounts far higher than a federal safety standard soon to take effect.

    Yet today, nearly three years after missing the government’s deadline to reduce the arsenic levels, the state has no concrete plans or funding to do so. Officials spent $629,000 to design a filtration system and then decided not to build it, while neglecting to inform staff and inmates that they were consuming contaminated water.

    After the prison finally posted notices last April on orders from the state Department of Public Health, the inmates continued drinking the water, under protest.

    “We have no choice,” said Larry Tillman, 38, who was serving time for burglary. “We should at the very least receive bottled water, or truck in water from another city.”

    Most correctional officers at Kern Valley State Prison take bottled water to work — some say they prefer it anyway — but administrators created a form letter to reject requests for alternative water from some of the 4,800 inmates. The administrators say the health hazard from arsenic, a chemical used in industry and farming, is insignificant, and they promise to filter the water some time in the next few years.

    “It’s not that major of an issue,” said Kelly Harrington, the prison’s new warden.

    But long-term exposure to arsenic, common in Central Valley communities, has been linked to cancer of the lungs, skin, kidneys, liver and bladder and to other maladies.

    The situation, critics say, is emblematic of the short-sighted planning and creeping pace of the mammoth prison bureaucracy as it struggles to house 170,000 of California’s most undesired residents.

    The state has placed many of its lockups far from major cities, in rural areas with nothing as far as the eye can see, where they are embraced by residents desperate for jobs and commerce. But officials have sometimes ignored health threats endemic to these regions.

    Between 1987 and 1994, the state built four prisons in a part of the Central Valley known as a hotbed of valley fever, a sometimes severe infection that usually affects the lungs. Health experts estimate that the state has spent millions to treat inmates for the disease, spawned by a fungus in desert soil.

    In 2007, the year after five inmates died from valley fever, the state proposed expanding five prisons in the Central Valley but later backed off on two of the sites. One proposed expansion site, Pleasant Valley State Prison in Coalinga, had an outbreak that sickened 520 prisoners in 2006. A Fresno County grand jury concluded last year that the prison, built in 1994, should not have been put there.

    At the California Institution for Women in Chino, the state has been buying bottled water for prisoners for five years — at a current annual cost of $480,000 — because of nitrate levels that violate federal standards in the water supply to the facility and to the nearby California Institution for Men. Nitrates, which are chemical compounds that often get into soil from fertilizer and manure, can cause a blood disorder in fetuses and infants.

    Chino-area municipalities have built systems to filter their own water, and the state hopes to complete a similar project a year from now for both the women’s and men’s prisons. But Chino Mayor Dennis Yates, who says sewage from the men’s prison has long polluted the Santa Ana River, is skeptical of state officials’ competence.

    “Even if you do give them money, they don’t do anything,” Yates said. “It’s just a huge, bloated bureaucracy.”

    In 2001, four years before Kern Valley prison opened, the U.S. Environmental Protection Agency ordered a reduction in the maximum level of arsenic in drinking water from 50 parts per billion to 10. Water suppliers had until Jan. 23, 2006, to meet the new standard. Recent testing has shown the arsenic level in one prison well at 23 parts per billion and the other at 15.

    One day this month, in a low-slung white building with blue doors known as Facility C, prisoners bunking in a crowded gymnasium drank from the water fountain and used water from the sinks to make their soup. Some newcomers said they had not been told about the contamination upon arrival at the prison.

    “I just came from an institution where the water was just atrocious, definitely foul,” said Ramon Diaz, 25, who had three years remaining on a sentence for drug dealing. “This to me is like spring water here, and you come to find out that it’s not the way it should be, either.”

    Corrections Department officials said they could not explain why a filtration system was not included in the prison’s design because most of the employees who worked on it had since left. Later, the agency developed plans to add a filtration plant. It obtained $2.5 million from lawmakers for that purpose in 2006.

    But planners abandoned the idea, electing instead to incorporate the project into an overall prison expansion approved by lawmakers. Flaws in the legislation have postponed the expansion indefinitely.

    State project manager Gary Lewis said the filtration plant is in the “conceptual study phase.”

    This year the EPA has ordered 11 California water systems to reduce excessive arsenic levels. One was the city of Delano, which serves the North Kern State Prison, a few miles from Kern Valley prison. On Dec. 12, after inquiries by The Times, the state public health department ordered Kern Valley State Prison to come up with a plan by February to comply with the arsenic law.

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  • 26Dec

    “Assessing the state of racial justice in America goes far beyond determining whether a black man can become president. It requires us to identify and dismantle structures of racism and inequality, and empower all communities to demand full equality.”

    Discrimination not yet defeated

    http://www.baltimoresun.com/news/opinion/oped/bal-op.justice26dec26,0,3301225.story

    Barack Obama’s election to this country’s highest office powerfully shattered a centuries-old racial glass ceiling. But we must not be tricked into thinking that this inspiring milestone means we have dismantled all structures of racial discrimination in America, or that we can take a breather from the tireless fight for racial justice.

    Fighting against individual acts of intentional discrimination is important, but the real cause of persistent segregation is institutional discrimination. In Maryland, racial bias was long explicit; institutions were segregated by state law. And Jim Crow had a strong grip, because the very institutions that determine how well we live our lives – the education, housing, employment and criminal justice systems – still bear the legacy of long-entrenched and intractable patterns of racially conscious decisions.

    For instance, decades of institutional segregation in housing and education still trap children and families in inferior schools and under-resourced neighborhoods. Much current public housing was built as “Negro” housing – and is still occupied almost entirely by black families. And beginning in the 1930s, the Federal Housing Administration underwrote white flight to the suburbs, while redlining African-American families into the poorest, most segregated parts of cities. Though progress has been made – and Baltimore schools have even seen the beginnings of a reversal of white flight in recent years – upending decades of segregation and deprivation does not happen overnight.

    Justice also requires eliminating the “school-to-prison pipeline,” which prioritizes harsh discipline and incarceration, pushing far too many minority children out of the educational system altogether. Numerous studies from the past three decades reveal that students of color are consistently and disproportionately subjected to severe disciplinary procedures for less serious behavior than white students. Baltimore’s school system has begun to address this problem institutionally by revising its discipline code to support student behavior changes and offer alternatives to suspension. But there is more to do.

    We must take aim at our bloated criminal justice system, which continues to disproportionately police, prosecute and lock up people of color. Data from 2005 produced by the Bureau of Justice Statistics (but suppressed by the U.S. Department of Justice) show, for example, that nationwide, African-Americans are more likely to be stopped by police but are less likely to be found carrying contraband. In Baltimore, the American Civil Liberties Union is in court to end the pervasive and continuing practice of police officers’ arresting without probable cause thousands of mostly African-Americans and then releasing them without charge.

    Nationwide, 1.4 million African-American men are denied the fundamental right to vote because of felony convictions, even after paying their debt to society – a legacy of the post-Civil War era, when white Southerners scrambled to keep newly enfranchised African-Americans from voting. To its credit, the Maryland legislature repealed the state’s lifetime voting ban for people with felony convictions in 2007, restoring the right to vote to 52,000 citizens.

    Institutional racism is a monument to Jim Crow that must be demolished brick by brick. And we must simultaneously use all the tools in the toolbox to pursue racial justice: the courts, the legislatures and grass-roots organizing. This past election season, that kind of effort warded off a systematic assault on equal opportunity programs. Affirmative action survived in many states, including Maryland, and will be one of many tools for continuing to open doors for women and people of color.

    During his victory speech on election night, Mr. Obama said: “This victory alone is not the change we seek. It is only the chance for us to make that change. … America, we have come so far. We have seen so much. But there is so much more to do.”

    Assessing the state of racial justice in America goes far beyond determining whether a black man can become president. It requires us to identify and dismantle structures of racism and inequality, and empower all communities to demand full equality.

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  • 26Dec

    State governments across the country are making budget cuts that will negatively affect those who can least afford it.  Expect more of this to come.

    States Cut Medicaid Coverage Further

    Family Seeks Damages for Waiting Room Death

    Esmin Green was left to die in a NYC hospital.  What happened to her is a symbol of the disastrous health care system of the USA.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/12/25/AR2008122501148.html?nav=rss_email%2Fcomponents

    States from Rhode Island to California are being forced to curtail Medicaid, the government health insurance program for the poor, as they struggle to cope with the deteriorating economy.

    With revenue falling at the same time that more people are losing their jobs and private health coverage, states already have pared their programs and many are looking at deeper cuts for the coming year. Already, 19 states — including Maryland and Virginia — and the District of Columbia have lowered payments to hospitals and nursing homes, eliminated coverage for some treatments, and forced some recipients out of the insurance program completely.

    Many are halting payments for health-care services not required by the federal government, such as physical therapy, eyeglasses, hearing aids and hospice care. A few states are requiring poor patients to chip in more toward their care.

    “It’s not a pretty list at all,” said Michael Hales, Medicaid director in Utah.

    Medicaid, a central piece of the Great Society safety net created in the 1960s, is the nation’s largest source of government health insurance. It covered 50 million Americans last year. The program is a shared responsibility of the federal government and the states, with federal money paying an average of 57 percent of the bills and states providing the rest.

    Federal health officials set minimum rules about who can enroll and what care must be covered, but states are free to add to the basics. Those optional patients and services are what many states are rethinking now.

    With the program the largest or second-largest expense in every state’s budget, governors and state legislators have been pleading with Congress and the incoming Obama administration for help. The Democrats, who hold majorities in the House and the Senate, are sounding sympathetic for now. They are considering close to $100 billion to increase the share of Medicaid’s costs that the federal government would pay during the next two years.

    President-elect Barack Obama also is open to extra help for Medicaid as part of a broad strategy to spur the economy. “We are considering a number of proposals . . . including helping states meet Medicaid needs; reducing health-care costs; rebuilding our crumbling roads, bridges and schools; and ensuring that more families can stay in their homes,” said Nick Shapiro, an Obama transition spokesman.

    According to a Washington source who is in close contact with lawmakers, some in Congress also are beginning to entertain the idea of allowing unemployed people who have lost health benefits to sign up for Medicaid, with federal money paying the entire bill.

    In the meantime, uncertainty over how much help may come, and when it might arrive, is prompting many states to make the biggest reductions to their Medicaid programs in years — and in some cases, ever.

    Diane Rowland, executive director of the Kaiser Commission on Medicaid and the Uninsured, said the pressure on Medicaid programs is particularly acute because the economy has deteriorated so soon after a milder recession early in the decade. States already “have taken the cuts that were making the program more efficient. . . . Now they are making . . . cuts into the core,” she said.

    Nineteen states and the District have cut Medicaid for the current fiscal year, according to a survey this month by Families USA, a liberal consumer health lobby. All but one, plus six other states, are drafting deeper reductions for the coming fiscal year that they hope to avoid. Florida’s Medicaid officials have just handed the governor and legislature a blueprint for a 10 percent reduction; it would eliminate coverage for 7,800 18- and 19-year-olds and 6,800 pregnant women.

    Among the states with the gravest financial problems — and pressures on Medicaid — is California. In July, Medi-Cal, as the program there is known, slashed by 10 percent the rates it pays hospitals, nursing homes, speech pathologists and other providers of health care. It tried to lower payments to doctors and dentists, too, but they have sued to block the decreases.

    Gov. Arnold Schwarzenegger (R) has asked the state legislature to approve other cuts, including an end to dental care for adults, about 1 million of whom use it now, and a sharp reduction in care for recent immigrants.

    At two hospitals run by NorthBay Healthcare, midway between San Francisco and Sacramento, about one patient in five is on Medi-Cal. The rate cuts translate into a $4 million loss this year. In September, the health system closed a rehabilitation program for children that provided physical therapy, speech therapy and other help to about 300 young patients at a time — with 100 more usually on the waiting list.

    “It was heart-wrenching to have to go out and announce,” said Steve Huddleston, NorthBay’s vice president of public affairs.

    The strain has spread through the Washington area. The District’s Medicaid rolls have risen by 5,000 in the past year to nearly 150,000. To cope, the District made $20 million worth of changes to the program and a separate fund for people who are uninsured, including postponing an increase in payments to primary-care doctors.

    In Maryland, Medicaid enrollment has jumped by 8 percent in the past year, and the state has pared $82 million from the program for this year, reducing planned increases in payments to nursing homes, managed-care organizations, private nurses and home health aides. With a larger state deficit forecast for next year, Gov. Martin O’Malley (D) is expected to propose deeper cuts in his budget next month, probably including a lengthy delay of the state’s biggest Medicaid expansion in years: a planned extension of coverage to 100,000 parents and other adults.

    In October, Virginia eliminated a small fund for indigent patients. For the coming year, Gov. Timothy M. Kaine (D) has just proposed $245 million in cuts from the nearly $3.3 billion that the commonwealth devotes to Medicaid, including reduced payments to hospitals and new limits on home health care.

    Rhode Island’s approach has been the most far-reaching to date. This week, it announced an agreement with U.S. health officials that would, if the state legislature consents, change the entire financial basis of the program. The state would forfeit its Medicaid entitlement and accept a total of $12 billion in federal money over the next five years. In exchange, Rhode Island would win uncommon freedom from federal rules, allowing it to enroll all its Medicaid patients in managed care, cover less treatment and expand care for elderly patients at home, instead of in more-expensive nursing homes.

    In South Carolina, Medicaid officials last week announced the third round of cuts since August. They are “real unpleasant stuff,” said Jeff Stensland, spokesman for the state’s Department of Health and Human Services. The program will stop paying for most dental care for adults, eliminate nutritional supplements, cut home-delivered meals from 14 a week to seven, curtail mental health counseling, stop building wheelchair ramps and pay for fewer breast and cervical cancer screenings.

    Edna McClain, founder of Hospice Care of Tri-County in Columbia, S.C., helped coax state health officials to expand Medicaid to cover nursing care and other support for dying patients in the mid-1990s.

    She was stunned this month when an e-mail arrived from South Carolina’s Department of Health and Human Services informing her that as of Jan. 1, Medicaid no longer would pay for new hospice patients. And after March 31, it would stop covering most people on Medicaid already in hospice care.

    With a $500,000 hole in her budget, she worries about how to care for low-income hospice patients, including a 47-year-old man whose weakened body is dangerously retaining fluid as he awaits a liver transplant.

    The day after she received notice from the state, McClain composed a letter and fired it off to 107 state legislators. “They can at least hear from me,” she said. But she knows, she said, her protest is too late to make a difference.

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  • 24Dec

    An astounding 99.8% of emergency room phsyicians in this study believe police use excessive force.  And over 71% of them admitted they did not report instances of suspected excessive force… showing their complicity in the crimes of the police state.  If we can’t count on doctors to have the compassion in their hearts to speak up about this, then who the hell can we count on?  Aren’t they violating the hypocratic oath or something?!  The nature of this system is that no one wants to bump heads with the most powerful gang on the streets:  the police.  These doctors count on cops to protect them when patients get all crazy, and ‘one hand washes the other.’  You snitch on the cops for beating up these people and using excessive force, you better believe you can’t count on the same quality of help when you’re in need.  And that same situation plays out all across the whole system.  No one dares bump heads with this violent and brutal gang – the Fraternal Order of Police – and that includes speaking the truth about brother Mumia Abu-Jamal.  Even speaking the truth on this man’s innocence is enough to get trashed and targetted.

    Police use excessive force, ER docs say

    One of the most famous victims of police brutality (AKA “excessive force”)…  Rodney King.

    http://news.yahoo.com/s/nm/20081224/hl_nm/us_police_er

    NEW YORK (Reuters Health) – In a survey of a random sample of U.S. emergency physicians, virtually all said they believed that law enforcement officers use excessive force to arrest and detain suspects.

    The sample included 315 respondents. While 99.8 percent believed excessive force is used, almost as many (97.8 percent) reported that they had managed cases that they suspected or that the patient stated had involved excessive use of force by law enforcement officers.

    Nearly two thirds (65.3 percent) estimated that they had treated two or more cases of suspected excessive use of force per year among their patients, according to a report of the survey published in the January 2009 issue of the Emergency Medicine Journal.

    Dr. Jared Strote of the University of Washington, Seattle, and a multicenter team also found that emergency physicians at public teaching hospitals were roughly four times more likely to report managing cases of suspected use of excessive force than those at university or community teaching emergency departments.

    Blunt trauma inflicted by fists or feet was the most common type of injury cited in cases of suspected use of excessive force, followed by “overly tight” handcuffs.

    Most emergency physicians (71.2 percent) admitted that they did not report cases of suspected use of excessive force by law enforcement officers.

    A large majority (96.5 percent) reported that they had no departmental policies on reporting their suspicions or they did not know of a policy to guide their actions, and 93.7 percent said they had received no education or training in dealing with these situations.

    However, most emergency physicians (69.5 percent) felt that it was within their scope of practice to refer cases of suspected use of excessive force for investigation and almost half (47.9 percent) felt that emergency physicians should be legally required to report cases of suspected use of excessive force by law enforcement officers.

    These findings, Strote and colleagues conclude, “suggest that national emergency medicine organizations in the USA should become involved, jointly developing and advocating for guidelines to manage this complex issue.”

    SOURCE: Emergency Medicine Journal, January 2009.

     

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  • 24Dec

    The vast majority of crime is ultimately economic in nature, despite the way we are often portrayed in the media as natural-born criminals.  As the economy plunges or stagnates we will continue to see crime of this nature increase.  Robberies, house break-ins, shoplifting, and drug-dealing will definitely increase as people do anything to make ends meet.  It is a sad situation, and on top of it all they are going to portray us as criminal when the real criminals are the people who put us in the situation where we can’t make ends meet.  To villify and slander broke people as they scramble for some crumbs doesn’t make much sense to me, but that is their only option other than actually looking at the system and the vast inequality in this country (and world).  Since they will never take a deeper look at it, it is up to us to defend so-called ‘criminals’ against being the scapegoats for a bankrupt system that puts profit above people.

    Recession Sparks Huge Jump In Shoplifting

    In this picture we see a punishment given out by a judge in Alabama.  This is disgusting.

    http://www.msnbc.msn.com/id/28376165/

    Retailers have blamed the global financial crisis for a litany of ills over the past year: slumping sales, mass layoffs and bankruptcy filings. Now, they are looking to the economy to explain recent spikes in shoplifting from their stores.

    Though individual retailers do not publicly report crime data, a survey of 52 national chain stores released this month by the Retail Industry Leaders Association (RILA), a trade group, showed that 84 percent reported an increase in shoplifting since the recession began. About 80 percent said organized retail crime had also jumped, and more than half said robberies and burglaries have risen, as well.

    “Bad guys are smart. People do not give them credit,” said Brad Brekke, vice president of assets protection at Target. “They understand odds are either for or against them, and if they see the odds swing in their favor, they will take advantage of it.”

    In the Washington area, Alexandria police said there have been more shoplifting reports nearly every month this year compared with last year, though they expect December to slacken. In Tysons Corner, Lt. Josh Laitinen said his officers arrested 40 people over the past three weeks on shoplifting charges. And in Montgomery County, Detective David Hill, who oversees the county’s retail crime division, said many stores have told him that crime is up.

    ‘Major concern’
    “I’m sure it’s a major concern for all of them,” Hill said. “No one wants to just give anything away.”

    Retail crime typically increases during the holiday season as customers flood stores staffed with temporary — and often untested — employees. Doorbuster holiday discounts and aggressive merchandising, such as stocking more products near entryways, also provide ne’er-do-wells with more opportunities. But retailers and law enforcement officials say the economic downturn is resulting in more frequent and more aggressive crimes.

    Fighting these trends is an expensive proposition for retailers. According to the Center for Retail Research, a British organization that did a global survey, U.S. stores spent about $12 billion last year to combat retail crime.

    Many employ security officers to monitor surveillance cameras throughout the store.

    Some companies are testing new technology that can detect when a shelf is cleared of merchandise and then alert employees, according to Lee Pernice, director of retail marketing for security firm ADT.

    Spiderwrap
    Target is looking at so-called “benefit denial” technology that requires popular products to be activated at checkout in order to work, Brekke said, similar to the process used for gift cards. It also has begun using spiderwrap — cables with a built-in sensor — on hot items.

    But many retailers are relying on standards such as beefing up security during the holiday season and training employees to spot suspicious behavior.

    Pernice said companies face a tough choice as they watch sales and revenue slump: Does it cost more to be a victim of crime or to fight it?

    Retailers lost an average of nearly $35 billion, or about 1.4 percent of their inventory, to theft last year, according to an annual survey conducted by the University of Florida. During the most recent recession in 2001, so-called shrinkage rates averaged 1.8 percent. Results for this year will not be available until 2009.

    Economic downturns can lead to increased retail crime as law enforcement organizations cut costs and personnel. Retailers face declining sales, and some are choosing to reduce security staff, according to retail and loss prevention experts.

    Hundreds of stores across the country are being shut down, and several retailers have filed for bankruptcy protection, scenarios that tend to lure more crooks.

    First-time offenders
    The financial crisis has drained many consumers’ wallets as layoffs mount and 401(k)s continue their freefall. That has contributed to an increase in so-called “opportunistic” theft from shoppers stealing for personal use or consumption.

    The items stolen can span a cost range, from drugstore cosmetics to pricey electronics. Hill said many of the retail thefts he has seen over the past year were committed by first-time offenders.

    “Some people are being forced to make bad decisions,” said Joe LaRocca, vice president of loss prevention for the National Retail Federation, a trade group. “There is no right reason to steal from retailers.”

    More troubling to the industry is the growth in organized retail crime, sophisticated operations that target popular items such as baby formula or diabetic strips for resale. According to the RILA survey, 89 percent of grocery and drug stores said such crimes had risen in recent months, the most of any category of retailer.

    Paul Jones, vice president of asset protection for RILA, said the increased demand for low-priced goods during these turbulent economic times is providing retail crime gangs with a larger market for stolen items.

    Organized crime links
    They typically sell their products through online auction sites for less than market price, a process known as e-fencing. Consumers often do not know — and sometimes do not care — about the origin of those goods.

    Jones said several organized retail crimes have been tied to gangs and even the mob. Earlier this year, a high-ranking member of a crime family in New Jersey was accused of using fake bar codes to buy merchandise at Lowe’s for pennies and then reselling it.

    “People think it’s a victimless crime, that you’re stealing from a corporation,” Pernice said. But “it translates into higher prices for you and me and every other American out there.”

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  • 24Dec

    In a situation common to what many immigrants deal with across the country, we have this story out of CT for you about employers exploiting immigrants.  This happens everyday in America, but while these people are exploited many Americans only find time to blame them for the problems in this society instead of empathizing with them.  If we want the unions to become strong again, that will only happen if they embrace their immigrant sisters and brothers and fight the bosses together.  As far as the battle of ideas is concerned, we must raise our voice everytime we hear immigrants slandered because they aren’t “legal” or some other foolish reason.  They didn’t cross the border, the border crossed them.  No human being is illegal, they have just as much right to be here as anyone else.  Peter Goselin, the lawyer for these workers, posts to this site occasionally and has his own blog which is on Malcolm-Che’s blogroll under “Two Good Hands.”

    Immigrants Sue, Claim Unfair Wages Paid

    http://www.wfsb.com/money/18345681/detail.html

    HARTFORD, Conn. — A group of 34 immigrants sued a major Connecticut construction company Tuesday for failing to pay tens — possibly hundreds — of thousands of dollars of wages.

     Attorney General Richard Blumenthal, who joined the plaintiffs at a press conference, said he will seek to support or intervene in the lawsuit and has contacted state Department of Labor officials to coordinate. He said the alleged conduct raises grave concerns about the treatment of workers perceived to be undocumented or otherwise vulnerable, but also practices that compromise the job market for legal construction workers.

    The lawsuit was filed in U.S. District Court and names National Carpentry Contractors Inc., of Stamford, and several company officials.

    “Today’s action requires courage and integrity by immigrants, overcoming fears about their own safety and security, to report wrongdoing,” Blumenthal said. “Whether or not they were actually undocumented, their employer perceived them as vulnerable and thought they could be exploited.

    “Even if employees are undocumented, they are still protected by state and federal laws that require fair treatment of employees,” he said. “We will fight vigorously to uphold the law in this case and others when employers prey on vulnerable men and women. Substandard pay or working conditions for some workers affects all workplaces.”

    “When they have to compete against people who break the rules the way National Carpentry Contractors did, they lose as well,” said Peter Goselin, the lawyer for the workers.

    National Carpentry Contractors allegedly hired the plaintiffs — virtually all of them Connecticut residents — to perform construction work on a luxury condominium development in the Stamford area, Blumenthal said.

    In many instances, he said, the company allegedly promised $13 per hour in wages, but paid only $10 and falsely claimed that they deducted $3 per hour for “taxes and benefits.” The company also allegedly paid no overtime above 40 hours per week when many of the men worked 65- and 70-hour work weeks, he said.

    “They’re not being paid at all,” said Nadine Nevins, of Connecticut Legal Services. “They’re not being paid overtime. They’re not being treated well.”

    As of June this year, the employer ceased paying the workers altogether, Blumenthal said, despite promising that they would be paid. Many are owed between two and eight weeks for their work.

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  • 23Dec

    We Got Robbed By Big Business

    It was a classic robbery scheme.  Put the gun to someone’s head and make them give you their money.  But in this case, the gun was economic in nature, i.e. when the stock market screamed due to a lender’s strike.  Within the climate of fear that we might sink into a depression, Americans’ allowed billions of dollars to be “given” to the banking industry.  But can it be accurately said that we “gave” them the money when they were the ones who put the squeeze on us?  This is extortion, they held us all hostage until they got the money they wanted.  This might have been hard for some to see, but look how gangster they keep it after we gave them the money:

     ”There has been no accounting of how banks spend that money. Lawmakers summoned bank executives to Capitol Hill last month and implored them to lend the money — not to hoard it or spend it on corporate bonuses, junkets or to buy other banks. But there is no process in place to make sure that’s happening and there are no consequences for banks that don’t comply.” (link)

    These dudes take our money and then tell us to fo F%#@ ourselves if we want to know what happened with it.  The politicians that supposedly represent us can only beg these guys to throw them a bone, something to make this look like anything other than what it was:  straight up robbery.  Straight up extortion.  No oversight about where the money went, no way to make them comply, they just take the money and do whatever they damn well please.  But at least they weren’t giving themselves huge bonuses or anything………. oh wait….

    “The total amount given to nearly 600 executives [in salaries, bonuses, and other benefits in the calendar year 2007] would cover bailout costs for 53 of the 116 banks that have so far accepted tax dollars to boost their bottom lines.” (link)

    Daaaaamn, they gave out enough extra mony to their head honchos that they could have bailed themselves out, at least half of them could have.  But why bail themselves out when they have suckers like the American taxpayers they can swindle out of their money.  But I can’t even say we’re the suckers here because honestly they made the economy scream, they brought us to our knees.  They put the gun to our head, so to speak.  And we caved.  Our politicians said it was the only way, with a few dissenting.  Their was no viable alternative put forward (by capitalists) in the mainstream press.  So we end up getting robbed and it’s not even clear if it will matter all that much.  I mean, street law says if you let someone rob you once with no repercussions you can damn well expect to get robbed again.  So don’t be suprised if they keep it gangster yet again and rob us all again. 

    link to this graphic at General Strike

    http://generalstrikecomicstrip.blogspot.com/

    Tags:

  • 22Dec

    Here we have an article for you about Cuba’s youngest politician, 18-year-old Liaena Hernandez.  This article is interesting, as Hernandez notes that there were tough times where she didn’t have brand new shoes, but “at least [she] had free health care and education. “  Cuba is still a poor country, but even still they maintain a social safety net that surpasses some 1st world countries.  Consider this statistic in the news today:
                                                                                                                                                                
    “Eight million American children are without health insurance. Over a two-year period, nearly 27 million children will have no coverage for at least some period of time.”

     

    This is why we say that for countries like Haiti, socialism is the only path forward.  As dogmatic as that may sound, we know that the imperialists will never give Haiti enough scraps to feed their entire population.  Haitians will have to reorganize the entire country on an egalitarian basis so that the bare necessities are provided for all.  Playing games with the IMF and capitalist economic doctrines will never address the concerns of the starving masses in Haiti.  We know that pursuing socialism wouldn’t change things in Haiti overnight, but we must say that only on that economic basis will the vast majority of Haitians see improvement in their lives.

    Meeting Cuba’s youngest politician

    Liaena Hernandez with her consitutuents in Manuel Tames, Cuba

    Liaena Hernandez

    Liaena Hernandez

    http://news.bbc.co.uk/2/hi/americas/7784234.stm

    As Cuba prepares to celebrate the 50th anniversary of Fidel Castro’s revolution on 1 January, most of those in power are the same people who fought alongside him half a century ago.

    Fidel’s brother Raul Castro, 77, is now president and he chose 78-year-old Machado Ventura as his number two.

    But there is a new generation of communists waiting in the wings.

    The majority of deputies elected to the national assembly, or parliament, earlier this year were born after the revolution.

    The youngest, Liaena Hernandez, is just 18 years old. A petite young woman with long black hair and an engaging smile, she has been a political activist since her early teens.

    We first met during a coffee break at the last national assembly meeting.

    “Having young Cubans in parliament shows that the revolution continues. It isn’t just something from our history,” she told me. Ms Hernandez comes from Guantanamo province at the eastern end of the island.

    Her father is in the army and she has just completed her voluntary military service as a border guard in an all-female unit along the controversial US naval base at Guantanamo Bay.

    She was born just as Cuba’s main benefactor, the Soviet Union, collapsed.

    What followed was called the special period, a time of hunger and hardship. The United States also tightened the trade embargo believing it would hasten the collapse of communism.

    This is the Cuba that Ms Hernandez grew up in.

    Kissing babies

    “I was born with the revolution. I’ve never known capitalism,” she said. “My earliest memories are of socialism, the special period and the US blockade.

    People walk through Manuel Tames, Cuba
    Farmers in Manuel Tames are waiting for land reforms to pay off

    “As a family we couldn’t have all the things we would have liked. For years I had to wear the same pair of shoes to school, we just had to keep mending them.

    “But at least I had free health care and education. And as a nation, everyone was willing to work together to get by and move forward.”

    Ms Hernandez invited the BBC to visit her on a constituency visit.

    She represents Manuel Tames, a small rural community nestled in the foothills of the Guantanamo’s Sierra Cristal mountains.

    There is little traffic on its dusty streets apart from horses and the occasional tractor.

    At the heart of the town is an ageing sugar mill with its giant smokestack chimney. There is also a recently renovated health centre with nurses and beds to spare.

    But solving constituency needs is not the primary role of Cuban deputies.

    “Our most important mission is to explain to the people the politics of the state so that they understand what going on,” she explained as we arrived.

    Some two dozen constituents had gathered to greet us outside of the municipal offices.

    Like all good politicians, Ms Hernandez moved comfortably amongst them, kissing babies, joking and chatting with young and old.

    Better roads and housing are amongst their concerns, but food appears the number one priority.

    Raul Castro has started to hand over unproductive state owned land to private farmers and co-operatives in a bid to boost production and cut food imports.

    Farmers in Tames are waiting expectantly for the scheme to take off.

    “Today is a different period from that of the revolution. There were some things which were needed then which are not so good now, because the context has changes,” she said.

    “We need to keep perfecting our economic system, that’s where the country is going.”

    ‘Perfeccionamento’

    The government’s priority is to try and make the state-run system work more efficiently, rather than opening up to a free market, like the Chinese have done.

    You hear the word “perfeccionamento” – perfecting the system – used a lot by officials.

    There are also no signs of any political reforms. Opposition parties are not allowed.

    The national assembly only meets twice a year, a few days of committee sessions followed by a single day’s sitting. Critics call it a rubber stamp parliament. The next session is scheduled for 27 December.

    Candidates are also selected in advance. In the elections in January there were 614 people standing for the same number of seats.

    You do not have to be a member of the Communist Party to stand, but it does help.

    Ms Hernandez, though, believes that the system has served Cuba well.

    “History has taught us that the Communist Party is the road that Cuba needs to follow.

    “We don’t need to copy other countries’ systems. We are satisfied with our own and we are going to keep perfecting it.”

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  • 18Dec

    These articles highlight the extent to which Cuba can be an example for other 3rd world countries who face hardships.  Cuba’s response to the vicious hurricanes that hit the country was better then the super-rich and all-powerful United States, yet they had less resources to carry it out.  Then when it comes to feeding the people of Cuba after these devestating hurricanes, they are ahead of the grade – certainly when compared to countries like Haiti and Jamaica – because of the planned economy and socialist ethics that guide actions taken by the government.  If Haiti had a socialist economy they could pursue measures such as described in these articles and maybe Hatians wouldn’t be reduced to eating mud as has been noted in the international press.  Our solidarity goes out to Hatians, and we say that socialism is the only answer for them.

    In “eat local” movement, Cuba is years ahead

    Scientific-American video on Urban Farming in Cuba: http://www.sciam.com/video.cfm?id=4899546001

    http://uk.reuters.com/article/featuredCrisis/idUKN12464780

    http://news.softpedia.com/news/Cooperative-Agriculture-Sustains-Cuba-After-Devastating-Hurricanes-100125.shtml

    HAVANA (Reuters) – After the collapse of the Soviet Union in 1991, Cuba planted thousands of urban cooperative gardens to offset reduced rations of imported food.

    Now, in the wake of three hurricanes that wiped out 30 percent of Cuba’s farm crops, the communist country is again turning to its urban gardens to keep its people properly fed.

    “Our capacity for response is immediate because this is a cooperative,” said Miguel Salcines, walking among rows of lettuce in the garden he heads in the Alamar suburb on the outskirts of Havana.

    Salcines says he is hardly sleeping as his 160-member cooperative rushes to plant and harvest a variety of beets that takes just 25 days to grow, among other crops.

    As he talks, dirt-stained men and women kneel along the furrows, planting and watering on land next to a complex of Soviet-style buildings. Machete-wielding men chop weeds and clear brush along the periphery of the field.

    Around 15 percent of the world’s food is grown in urban areas, according to the U.S. Department of Agriculture, a figure experts expect to increase as food prices rise, urban populations grow and environmental concerns mount.

    Since they sell directly to their communities, city farms don’t depend on transportation and are relatively immune to the volatility of fuel prices, advantages that are only now gaining traction as “eat local” movements in rich countries.

    ROOFTOPS AND PARKING LOTS

    In Cuba, urban gardens have bloomed in vacant lots, alongside parking lots, in the suburbs and even on city rooftops.

    They sprang from a military plan for Cuba to be self-sufficient in case of war. They were broadened to the general public in response to a food crisis that followed the collapse of the Soviet Union, Cuba’s biggest benefactor at the time.

    They have proven extremely popular, occupying 35,000 hectares (86,000 acres) of land across the Caribbean island. Even before the hurricanes, they produced half of the leaf vegetables eaten in Cuba, which imports about 60 percent of its food.

    “I don’t say they have the capacity to produce enough food for the whole island, but for social and also agricultural reasons they are the most adequate response to a crisis,” said Catherine Murphy, a U.S. sociologist who has studied Cuba’s urban gardens.

    GREEN PRODUCTIVITY

    In Alamar, the members get a salary and share the garden’s profits, so the more they grow, the more they earn. They make an average of about 950 pesos, or $42.75, per month, more than double the national average, Salcines said.

    The co-op, which began in 1997, now produces more than 240 tons of vegetables annually on its 11 hectares (27 acres) of land, which is about the size of 13 soccer fields.

    The gardens sell their produce directly to the community and, out of necessity, grow their crops organically.

    “Urban agriculture is going to play a key role in guaranteeing the feeding of the people much more quickly than the traditional farms,” said Richard Haep, Cuba coordinator for German aid group Welthungerhilfe, which has supported these kinds of projects since 1994.

    When the Soviet Union fell apart, Cuba’s supply of oil slowed to a trickle, hurting big state agricultural operations. Chemical fertilizers were replaced with mountains of manure, and beneficial insects were used instead of pesticides.

    Unlike in developed countries, where organic products are more expensive, in Cuba they are affordable.

    “We have taken organic agriculture to a social level,” said Salcines.

    Some experts fear that rising international food prices along with the destruction of the hurricanes will return Cuba to the path of agrochemicals. The government is planning to construct a fertilizer plant with its oil-rich ally Venezuela.

    But Raul Castro, who replaced ailing brother Fidel Castro as president in February, has also borrowed ideas from the urban gardens as he implements reforms to cut the island’s $2.5 billion in annual food imports, much of it from the United States.

    Castro has decentralized farm decision-making and raised the prices that the state pays for agricultural products, which has increased milk production, for example, by almost 20 percent.

    And, in September, the government began renting out unused state-owned lands to farmers and cooperatives, measures that met with approval of international aid groups.

    “Decentralization and economic incentives. If those elements are expanded to the rest of the agricultural sector, the response will be the same,” said Welthungerhilfe’s Haep.

    In Havana, for instance, some cooperatives have as much as 160 members, who take care of a field that yields crops in just 25 days, if the right plants are grown. Now, following the natural disasters, people attending to the field work around the clock care for a variety of beets that can grow really fast. “Our capacity for response is immediate, because this is a cooperative,” Miguel Salcines, one of the people working the land, says.

    The fact is that the “eat local” movement, which has been set in place in Cuba many years ago, is starting to pay off, and to take over other major cities in the world as well. Because everything is produced at the outskirts of the city, fuel prices do not influence those of the vegetables, and transport is fairly cheap. Some producers even use bicycles and other such transportation to bring their crops to the markets.

    The US Department of Agriculture (USDA) estimates that some 15 percent of all food produced globally is made in, near, or around urban centers, as demand continues to increase daily, due to the rapid rise of population. The agency estimates that this percentage will raise even more in the future, as the volatility of gas prices will make it uneconomic for farmers and animal growers to keep their business out of the cities.

    “Urban agriculture is going to play a key role in guaranteeing the feeding of the people much more quickly than the traditional farms,” the Cuba coordinator for German aid group Welthungerhilfe, Richard Haep, an outspoken supporter of this type of endeavors since 14 years ago, argues.

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