New Filings Allege Racist Suspect GA Prosecutor Withheld Critical Evidence of Plea Deal with Co-Defendant To Convict and Sentence Warren King to Death. Same DA Improperly Removed All Black Jurors
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From [HERE] Attorneys for Warren King (pictured), who was convicted and sentenced to death in Georgia in 1998 for the murder of a convenience store clerk, have uncovered evidence that shows the prosecutor, John B. Johnson, withheld critical evidence from Mr. King’s defense team at the time of trial. A new court filing indicates that ADA Johnson failed to disclose a plea deal reached with Mr. King’s co-defendant, Walter Smith, the only eyewitness to the crime. Both Mr. King and Mr. Smith were charged with the murder of Karen Crosby, but Mr. Smith avoided the death penalty and pled guilty to life in prison with the possibility for parole three years after Mr. King’s trial and conviction. During closing statements at Mr. King’s trial, ADA Johnson told jurors there were “no deals” in place for Mr. Smith, who also testified on cross-examination that there was no deal in place. In a new sworn statement from John Brewer III, one of Mr. Smith’s trial lawyers, he said that ADA Johnson agreed to recommend a life sentence with the possibility of parole, in exchange for Mr. Smith’s testimony against Mr. King. According to Mr. Brewer, ADA Johnson approached his client with a possible deal “several months before Mr. King’s trial.” Mr. Brewer added that he “would have never recommended Mr. Smith testify against Mr. King unless [he] knew for certain that he had a deal and would avoid the death penalty.”
Counsel for Mr. King should have been provided this information under longstanding legal precent established by the United States Supreme Court in Brady v. Maryland (1963), which requires prosecutors to turn over all favorable evidence to the defense team. There is also an ethical obligation for prosecutors to do so. With proof of a deal in place for Mr. Smith, attorneys for Mr. King could have used this information to impeach Mr. Smith’s credibility as a witness. The filings say that the prosecution’s failure to disclose this deal “deprived Mr. King of a fair trial and produced the ultimate miscarriage of justice: an unreliable conviction and death sentence.”
At Mr. King’s trial, Mr. Smith testified that Mr. King was responsible for shooting Ms. Crosby and that Mr. King, after the shooting, said, “I hope I killed the b*tch.” Mr. King did not take the stand during the guilt-phase of his trial but testified during the sentencing phase. Mr. King told the jury that Mr. Smith had given him the gun and told him to shoot Ms. Crosby, but instead, he gave the gun back to Mr. Smith who then fired the fatal shots. Mr. King’s filings explain that Mr. Smith’s testimony is the only evidence pointing to Mr. King being the triggerman. Had Mr. Johnson disclosed the deal with Mr. King’s trial attorneys, they “would have been able to powerfully challenge Mr. Smith’s testimony by highlighting his motive to paint Mr. King, rather than himself, as the shooter, in order to save his life,” said the motion.
On July 2, 2024, the Supreme Court refused to hear claims that ADA Johnson improperly excluded Black jurors from Mr. King’s trial. Lower courts have upheld Mr. King’s conviction despite evidence showing that ADA Johnson struck 87.5% of eligible Black jurors, while striking just 8.8% of white jurors, who were all women. Consequently, a Black juror was ten times more likely to be excused than a white juror, and women were four times more likely to be excluded than men, according to the motion. The Supreme Court’s decision in Batson v. Kentucky (1986) prohibits attorneys from excluding potential jurors from service based on their race. At Mr. King’s trial, ADA Johnson provided race-neutral reasonings for his exclusion of Black jurors. Attorneys for Mr. King have uncovered handwritten notes from ADA Johnson which indicate he closely tracked which potential jurors were Black and which were women. Mr. King’s lawyers claim that these handwritten notes are “concrete proof that [ADA] Johnson was indeed considering race and gender” of potential jurors.
Affirmative Auction Demockery: Elites Void Primary [s]Election and Impose Kamala Onto Dumbocratic Voters, as The Golden Retriever Replaces Corpse Biden in Last Minute SNigger Rebate, Bait and Switch
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DID CORPSE JOE GET THE NIGGARMAROLE OR WAS IT ALL BY DESIGN TO AVOID A CONTESTED PRIMARY? AT ANY RATE PROMOTION OF THE ONGOING SMILING FACE CONTINUES TO PAY OFF for SNIGGERING TOKEN KAMALA!
“Democratic primary voters cast millions of votes for Joe Biden as their choice. Getting rid of CORPSE JOE effectively nullifies the will of those voters—an outcome that no one can seriously regard as democratic.
There is also something unworthy of democracy in the argument that is being put forward for pushing President Biden out of the race. The Democrats who want him to leave have all said something like this: Biden has been a great president and had a very successful administration, but he needs to get out now because he is about to be beaten in a landslide. This claim is so ridiculous as to amount to a fraud on the public. The American voters who turn the outcomes of national elections are pragmatists. If they thought the present administration were a success, Biden would be cruising to victory now. Such voters would think: “He may be a bit diminished, but he must know how to manage his team, because the country is doing so well.”
The truth is, Biden was doing poorly even before the June debate precisely because many Americans are not satisfied with the results of his administration. What the Democrats are now attempting, then, is a last-minute switch to evade responsibility for the administration that they elected and supported for the last three and a half years. They are trying to hang on to power by a desperate trickery that insults the voters’ intelligence and tries to deprive them of their right to hold this administration to account electorally. “[MORE]
According to FUNKTIONARY:
golden retrievers – a dysphemism describing a variation of the old “Step-N-Fetchit” racist caricature to be revived (in the very near future) in a labor context vis-à-vis Afrikan-Americans and other majorities (so-called minorities).
Affirmative auction – $N1gg3rs on the block doing the moneywalk—Negroes up for sale—totally Souled-Out of their minds. Your brain must be clean because it has been truly whitewashed. “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.” ~Martin L. King, Jr. (See: Black Conservative, Coin-Operated & Sambo)
demockery – a spectacle of the true nature of democracy. What each political party (the jackass and the elephant) wants is not justice but its own idea of what is just (for themselves and their special interests). “We the people have no say, our duty is to obey and pay for lavish lifestyle of our betters, politicos, bankers and men of letters who talk down to us as though to fools, the working stiff, taxable mules. With intent to confuse the dumbed-down herd, economics, science presented by some nerd, with confident arrogance, talk not plain, why attempt with animals to explain the higher thoughts of lofty mind to junk-gene people left behind. For government you’ll fight, be taxed, labour, next election you’re supplied (again) with another savior.” ~ Alan Watt. (See: Government, Justice, Predictive Programming, Equality, Elections, Voting, Politics, Holodeck Court, Ideology, Collective Delusions, Taxtortion, Slavery, Political Money, Freedom, Control & Violence)
Elections – the tricks of the Elect; the advanced auction of stolen goods. 2) rituals where periodically citizen-subjects are called upon to “participate” in the staged-hoax ratification of one group of state managers or another, which provides the comforting illusion of “democracy” where none exists. 3) Dumbocracy in action; stage prop to enable the puppeteer and his puppeticians to pull the strings of you and me. 4) show and shell games. 5) the orchestration and preservation of the illusion of choice and open competition. Elections merely determine how you will get screwed, i.e., either with a Democratic Phillips or with a Republican Flathead. Stop repeat offenders—don’t re-elect them! . . .You are electing those who have been selected for you far in advance and without your input. You choose but they cannot lose when you have no say in who is chosen to come out to play their prime-time gameshow called electoral politics where you “get in” to win, not win to get in (office). Elections are always an attempt to stymie cognitive dissidents’ (the unlearner and the natural man) and the working poor’s struggles, to silence legitimate outrage at psychological, social, judicial, and economic oppression and demands of self-determination. Those that “get in” long before they are chosen by the Elect (the ruling elite) are groomed and tested for their loyalty to the dominant minority ruling class over the interests of the individual or the commoners as we are referred to when in a more jovial mood. Money only makes you eligible, power determines if you’re suited to do their bidding and act as a distraction (sideshow) away from the shadow or parallel government where the Agenda of the Pathocracy gets executed while the Punch and Judy show of sham participatory democracy (three-ring media circus) plays out as a daily dose of entertainment for the clueless, conditioned and apathetic masses (the voting public, i.e. citizens of the United States). [MORE]
IncogNegro Van Jones Cries About Burying Corpse Biden- as If Dumbocrats Stand For Something in Regard to the Black Votary, Besides Using It to Win Elections while Delivering Nothing of Tangible Value
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Icognegro VAN JONES IS A COIN-OPERATED $Pinfidel. ALTHOUGH HIS MESSAge APPEARS TO BE HIS OWN HE IS ACTUALLY SPEAKING ON BEHALF OF HIS ELITE WHITE LIBERAL MASTERS - PARROTING THEIR MESSAGE TO THE “ELECTORANT” IN HIS OWN WAY.
According to FUNKTIONARY:
$pinfidels – those well-paid profligates in the print and visual Hypnomedia who twist issues, facts, events, statements, contexts, and predicaments of outspoken people from all walks of life into ready-made labels that demonize and/or marginalize anyone who questions the actions, policies, jurisdiction, positions, legitimacy, accuracy, enforcement, or authority of the Twin-Towering $tatus Quo—Corporate State and Corporate Religion. $pinfidels are those who believe in the doctrine of Original Spin. “Loyalty to petrified opinion never broke a chain or freed a human soul.” ~Mark Twain (Samuel Clements). (See: Richcraft, Hypnomedia, Whore Nation, MEDIA, NEWS, Coin-Operated & Corporate Religion)
incognegro – a Black individual so camouflaged in double-consciousness to the extent that he or she cannot be trusted by Blacks (who think) to think and act in the best interests of the greater collective of native Black Americans—especially those who hold elected or appointed positions of political power. (See: Negro, Coin-Operated, SNigger & Niggermarole)
Recognegro – spotting a sell-out who has either crossed over or passed over into a reality that continuously crosses his or her kind out or passes them over to the “authorities” (racist economic and criminal injustice system). Everybody your color ain’t your kind or deeper still—all your skinfolks ain’t your kinfolks. (see: afro-sin-trick, sambo & criss-crossover)
US Appeals Court Blocks Biden Administration Student Loan Forgiveness Plan
/From [HERE] A US federal appeals court on Thursday blocked President Joe Biden’s administration from implementing its student debt relief plan.
The Court of Appeals for the Eighth Circuit suspended the remaining portions of the Saving on a Valuable Education (SAVE) plan, which the Biden administration introduced last year to reduce monthly payments for student loan borrowers.
Education Secretary Miguel Cardona stated, “Today’s ruling from the 8th Circuit blocking President Biden’s SAVE plan could have devastating consequences for millions of student loan borrowers crushed by unaffordable monthly payments if it remains in effect.”
Last month, two federal judges in Kansas and Missouri temporarily halted parts of the SAVE plan after several Republican lawmakers argued that the Education Department overstepped its authority and tried to continue forgiving student debt after the US Supreme Court blocked the Biden administration’s student loan forgiveness plan in June 2023.
Attorney General of Missouri Andrew Bailey stated, “We can’t let Joe Biden saddle working Missouri families with Ivy League debt. That’s why we’ve got to keep pushing this suit forward. We’re excited to fight to protect from this illegal redistribution of wealth.”
According to the Biden administration, the SAVE program raises the floor of discretionary income, decreases borrowers’ monthly payments and, for loans with original balances of $12,000 or less, limits a borrower’s repayment window to 10 years (from 20 or 25) of qualifying payments. SAVE is designed to approve more than $116 billion in targeted relief for 3.4 million student loan borrowers, including $39 billion for 804,000 borrowers through fixing historical inaccuracies in past payment count systems, $45.7 billion for 662,000 public servants, and $10.5 billion for 491,000 borrowers who have a total and permanent disability.
Solicitor General Elizabeth Preloger wrote in response to the recent court decisions:
Many have already received bills that reflect the decrease in monthly payments to 5% of their discretionary income. Many would experience intense confusion when they are told that their payments must be recalculated and that they must be placed in forbearance—which would delay any eventual loan forgiveness.
Federal student loan repayments and interest have been on hold since March 2020, but they are set to restart on September 1. A December 2022 congressional report estimates that the US has approximately 43 million individual federal student loan borrowers. Collectively, those borrowers owe more than $1.6 trillion.
Eviction Filings are Up, Most Eviction Defendants are Black (vast majority of landlords are white). [Sleeping Toms Believe Bigotry is Racism and Misperceive Racism as a Natural Outcome or Coincidence]
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Where’s ALL the hate AT? FOR DECADES NEELY FULLER HAS BEEN correctly SAYING THAT RACISM IS PRIMARILY BASED ON DECEPTION. IF SO, Perhaps the greatest accomplishment by elite racists has been to trick Black people into believing THE OPPOSITE - that racism is PRIMARILY ABOUT bigotry or mean words, slurs, disrespect and OVERT DISPLAYS OF hatred. With such a misperception GUILIBLE Black people TRY TO SOLVE THE WRONG PROBLEMS AND miss the omnipresent system of racism white supremacy– a white over Black OPERATING system of vast unequal power and domination GOING RIGHT IN THEIR FACES. IN the photo above which shows a Black woman being evicted as WHITE law enforcement officers put her stuff outside on the curb, There is a high probability that the landlord and attorney who filed for the eviction and the judge who ORDERED THE EVICTION were also all white. It is also VERY LIKELY that on her COURT day a large number of other Black DEFENDANTS were ALSO evicted and their landlordS and attorneys were also white. FURTHERMORE, IT IS MOST LIKELY THAT ANY PROSPECTIVE LANDLORDS , REAL ESTATE AGENTS OR BANK OFFICIALS SHE UNSUCCESSFULLY DEALT WITH TO FIND A NEW HOME PRIOR TO HER EVICTION WERE ALSO ALL WHITE. Yet under the prevailing Clogic THE EVICTIONS GOING ON THROUGHOUT THE US AREN’T AN EXAMPLE OF RACISM. THAT IS, SO LONG AS noBODY IS mean or disrespectful or makes a racial slur during the process, NO RACISM OCCURRED. The fact that similar situations happen everyday in nearly every place (FOR DECADES) where Black people reside is considered a coincidence or a natural occurrence to gullible blacks who have been deceived about what racism is and how it works. Indeed, the prevailing “clogic” is intended to make white dominance and control over everything seem natural.' Under such A DELUSION, ‘Blackness’ HAS BEEN one the leading causes of coincidences in US history. Such a misunderstanding of reality has had a profound negative consequences for Black people while it has SimultaneousLY empowered white people. For instance it has caused power-napping Blacks to try to solve the wrong problems and align themselves politically with the wrong persons, etc or to engage in an array of other conduct and speech that only strengthens cooperative, consensual master-servant relations between racists and blacks, the gravamen of the racism white supremacy dynamic. [MORE]
From [HERE] According to the findings of a recent study by Eviction Lab
Landlords filed nearly 1,115,000 eviction cases in 2023. That’s over 100,000 more cases than were filed in 2022 and over 500,000 more than in 2021.
Eviction caseloads increased between 2022 and 2023 in three-quarters of the cities we track.
In most cities, eviction filings in 2023 were above levels that were normal prior to the COVID-19 pandemic.
60% of eviction case defendants in 2023 were women.
Despite making up less than one-third of renters, nearly half of eviction case defendants in 2023 were Black.
In many places, a large share of eviction filings were repeated cases brought against the same tenants at the same addresses.
Landlords filed 10.5% more eviction cases in 2023 than in 2022. In total, 1,114,340 eviction cases were filed across the jurisdictions where we collect data.1 Overall, that represents 2.9% fewer cases than we would have seen in these places prior to the pandemic, but still a large increase from what we observed early in the pandemic, when less than 600,000 cases were filed in 2020 and 2021 (see Figure 1).
In line with previous trends, we find that women and Black renters faced a disproportionate share of eviction filings in 2023. In most of the ETS locations, we are able to estimate the likely race/ethnicity and gender of tenants facing eviction (for an explanation of how we do this, see our methods page)2. Fully 60% of those filed against for eviction last year were women. In Figure 3 we plot the share of defendants listed on eviction filings in 2023 who were Black, Latinx, or White. We compare those numbers to Census Bureau figures on the share of renters in each racial/ethnic group in the same set of places.
The eviction crisis weighs most heavily on Black renters. Despite making up only 31% of renters, nearly half of eviction filings are against Black individuals in these areas. By contrast, all other racial/ethnic groups see an underrepresentation when it comes to eviction filings. [MORE]
New John Lott Study Finds that Concealed Carry Laws Don’t Increase Crime or Impact the Effectiveness of Police
/From [HERE] Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less. Giffords, for instance, alleges that “the dangers of permissive public carry laws” include an increase in gun thefts and “other undesirable outcomes,” with absolutely no counterbalancing public safety benefits.
Professor Carl Moody and Dr. John Lott of the Crime Prevention Research Center (CPRC) have just released an updated paper, How Does Concealed Carrying of Weapons Affect Violent Crime? (May 31, 2024). These researchers examined information related to claims that carry concealed weapons (CCW) laws indirectly increase violent crime by driving up firearm thefts or by decreasing police effectiveness.
Using a unique new data set that employs the number of permit holders as the variable of interest, the authors found no evidence that CCW laws are associated with significant increases in gun thefts or impact the effectiveness of police. The study also found that concealed carry laws have no impact on the effectiveness of the police.
On gun thefts generally, an existing government source on how criminals obtain their firearms suggests that only a small amount of crime guns are acquired by theft. A Bureau of Justice Statistics report, Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016 (Jan. 2019) shows that only 6.4% of state and federal prisoners who had possessed a firearm during the offense for which they were serving time listed “theft” (burglaries, thefts from retail sources or a family/friend, or “other”) as their gun source.
Previous literature from the CPRC indicates that CCW permit-holders are unlikely to be violent criminals — in fact, as a class they tend towards the extreme opposite end of the law-abiding spectrum. In jurisdictions where information on crimes and permits is available, it shows that permit-holders are less likely to drive recklessly or under the influence than non-permittees, and permit-holders are “convicted of firearms-related violations at one-twelfth the rate of police officers.” [MORE]
Evictions are Surging in Houston, Phoenix and Las Vegas. Most Courts Have Only Minimal Process - Phoenix eviction-court hearings often run for less than a minute
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From [HERE] Tenant evictions look stuck at elevated levels in several corners of the U.S., showing little sign of returning to what was typical before the pandemic.
Eviction filings over the past year in a half-dozen cities and surrounding metropolitan areas are up 35% or more compared with pre-2020 norms, according to the Eviction Lab, a research unit at Princeton University.
This includes Las Vegas, Houston, and in Phoenix, where landlords filed more than 8,000 eviction notices in January. That was the most ever in a single month for the county that includes the Arizona capital. Phoenix eviction-court hearings often run for less than a minute. One judge signed off on an eviction after the tenant admitted to missing two rent payments.
“How long until I have to move out?” the tenant asked during a publicly available broadcast of the hearing this month.
“It could be Tuesday,” the judge responded, suggesting she should try to work out a deal with her landlord before then.
Overall, eviction notices were up 15% or more compared with the period before the pandemic for 10 of the 33 cities tracked by the Eviction Lab, which looked at filings over the past 12 months. [MORE]
Louisiana Attorney General Shuts Down New Orleans’ Unconstitutional Gun-Free Zones – Areas Where Law Abiding Citizens Were Unable to Defend Themselves from Criminals
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ACCORDING TO THE SUPREME COURT:
“Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms. As we explained in Heller, the “textual elements” of the Second Amendment’s operative clause— “the right of the people to keep and bear Arms, shall not be in- fringed”—“guarantee the individual right to possess and carry weapons in case of confrontation. Heller further confirmed that the right to “bear arms” refers to the right to “wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.”
This definition of “bear” naturally encompasses public carry. Most gun owners do not wear a holstered pistol at their hip in their bedroom or while sitting at the dinner table. Although individuals often “keep” firearms in their home, at the ready for self-defense, most do not “bear” (i.e., carry) them in the home beyond moments of actual confrontation. To confine the right to “bear” arms to the home would nullify half of the Second Amendment’s operative protections.
Moreover, confining the right to “bear” arms to the home would make little sense given that self-defense is “the central component of the [Second Amendment] right itself.” Heller, 554 U. S., at 599; see also McDonald, 561 U. S., at 767. After all, the Second Amendment guarantees an “individual right to possess and carry weapons in case of confrontation,” Heller, 554 U. S., at 592, and confrontation can surely take place outside the home.” [MORE]
From [HERE] After meeting last week with Louisiana Attorney General Liz Murrill, New Orleans officials quietly removed the 1,000-foot gun-free zone they had established illegally smack dab in the middle of the city’s popular French Quarter.
“I had a productive meeting with NOPD Superintendent Anne Kirkpatrick and District Attorney Jason Williams, and Councilwoman Helena Moreno on Thursday in which I shared my concerns. They are working on a solution that would comply with the law,” Murrill said in a short statement following the meeting.
What Murrill told city officials is not exactly known. She is in Milwaukee this week attending the Republican National Convention and is unavailable for comment, according to her spokesman, Lester Duhé, who added that the Attorney General will always defend Louisianans’ Second Amendment rights.
A story published last week revealed how city officials redesignated their Eighth District police station – which is located in the middle of the French Quarter – as a vocational technical school, so that everything within a 1,000-foot radius of the new “school” became a gun-free zone, including more than five blocks of Bourbon Street.
Who will actually attend classes at the new “school” was not specified. New Orleans Police recruits are trained at the police academy, which is located at a different facility. However, city and police officials claimed some of the recruits would take at least one class in a small room at the new “vo-tech.” No classes were planned for civilian students. [MORE]
Mostly Black Homeless Shelter Residents Evicted To Make Room as Chicago Authorities Clear Tent Cities for White Liberals Ahead of Dumbocrats' Convention
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From [HERE] One of Chicago’s longest-standing tent cities was cleared Wednesday as the city prepares for the Democratic National Convention, with many of the tent city’s residents offered rooms at a Gold Coast hotel operating as a homeless shelter.
But to make room for residents of the South Loop tent city, existing tenants of the hotel-turned-shelter were evicted, with some now living on the street, residents and activists said.
The encampment, sandwiched between the Dan Ryan Expressway and the 1100 block of South Desplaines Street, was cleared of tents and personal belongings by Wednesday morning. Crews added extra fencing to the area, cordoning off the strip of land that has been a respite for the unhoused for over four decades.
The encampment and others near the site of the DNC were cleared as a precaution in case the Secret Service determined the camps posed a safety threat, city officials said. [MORE]
Strawboss SF Mayor Launches Plan to 'Get Rid of Homeless People' for Her Liberal Masters. Vows 'Very Aggressive' Sweep of Encampments. Black People are Only 5% of SF population but 38% of all Homeless
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From [HERE] Mayor London Breed said Thursday that San Francisco will launch a “very aggressive” crackdown on homeless encampments in the city next month.
The mayor’s comments — made during an election debate hosted by the firefighter’s union — come about three weeks after the Supreme Court granted cities broad power to evict unhoused people from encampments.
“We are going to be very aggressive and assertive in moving encampments which may even include criminal penalties,” Breed said at Thursday’s debate.
“The problem is not going to be solved by building more housing,” Breed added. “Thank goodness for the Supreme Court decision.”
Breed said the city has had to move from a compassionate approach to one focused on accountability. Long-term issues will not be solved by “just building housing and shelter,” she added. She said the city would start the sweeps in August because it needed time to retrain workers to follow the new legal guidance.
Since December 2022, a federal magistrate judge has prohibited San Francisco from enforcing certain laws to clear homeless tents. Although it did not ban the city from sweeping encampments, it prevented officials from citing or arresting people who refused to move in violation of six city laws. The city still increased sweeps during that time by enforcing other rules. [MORE]
If the Bullets Were Real Can Trump's Assassination be Fake? Video Shows the Hydraulic Lift Being Struck by a Bullet, Causing Liquid to Gush Out [also Blowing Holes in Theories, Causing Truth Editing]
/Evidence tending to show that the bullets were real - along with Trump’s slight head movement - make it reasonable to conclude that the shooting actually occurred and was not a false flag. The non-actions and failures by the USSS and the police tend to support the claim that the government tried to murder Trump. Contrary to belief based or emotional theory, in the final analysis, without more, facts such as “the same photographer was present,” or “it happened on a Saturday,” or ‘this benefits Trump’ are not evidence that tends to make the existence of any fact that is of consequence to a determination of whether an attempt murder was more probable than not.
“Coincidence is God’s way of remaining anonymous.” - Albert Einstein quoted in FUNKTIONARY, which also states the following:
theories – six-valued metaphors—double-breasted and double-blind tested. All our theories are only assumptions, however reasonable they may seem, each according to one’s own inner perception of one’s own truth in being. All theories wire into and often-times give way to successor theories just as truth always gives way to the nature of reality and either invalidates, eradicates, edits or updates itself (as new truths) in alignment with the attributes of reality which it is subject to forever.
theory – that which enables one to “know” all about a subject without having to know anything about it at all! 2) a mental conjecture about something. It seems as if theory is the only way we know how to overcome the static truth of self-consciousness and to recontextualize ourselves in dynamic subjective reality. “Today must forever be free to overthrow its yesterdays.” ~John K. Parsons. (See: TheoryScape, Half-Knowledge, Objective Truth & Truth-Editing)
truth editor – one who takes the reigns of truth—adding, slicing, deleting, dicing, blending, filtering, mincing it, whatever, as often and whenever it seems appropriate and beneficial to better comport to the nature of reality. (Attachment to truths of the past prevents testing those truths against reality incessantly met in the Literal Present. The Literal Present experienced as the dream past is where Reality and Truth shake hands and come out fighting. Being asked to submit to truth in our weakest moment is cuffing the hands that need to fight for reality’s sake. Truth needs the consort of reality to be (at least temporarily) true as a subjective or inner truth. (See: Knowledge Scrolling, Truth, Inner Truth, Subjective Truth, Objective Truth, Truth Decaym Absolute Truth, Mass Truth, Religious Truth, Personal Truth, TUTELAGE & Ph.F. Degree)
Executed Black Man “Had No Money to Retain a Real Attorney.” Alabama Murders Keith Gavin Despite Court Finding that his Attorney was “Constitutionally Ineffective” in Violation of his Right to Counsel
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ACCORDING TO FUNKTIONARY:
Kratos – (Greek)—the naked unlimited power of the majority. Anytime or anywhere unlimited power, as opposed to mere supreme power, is vested with the majority, it will hand out rule-less violence to individuals by legislating truth over reality and law over humanity. (See: Iron Rule, Truth & Law, Violence, Naked Truth, Individuality, Symbiocracy & Reality)
LEGAL SANDWICH – THE JUDGE WHO MAKES PLENTY OF BREAD, THE PROSECUTOR, WHO IS TYPICALLY A DOUGH-BOY, AND THE DEFENDANT, WHO IS THE LUNCHMEAT (CATCH) OF THE DAY—WAITING TO BE DEVOURED BY THE BLINDFOLDED LADY IN JURIDICAL DRAG—MISAMERICA.
From [HERE] and [MORE] The State of Alabama put Keith Gavin to death today—the state’s third execution so far this year—despite constitutional flaws that undermined the reliability of his sentence.
Mr. Gavin was convicted of capital murder in the shooting death of a delivery driver and sentenced to death in 1999 after his appointed lawyers presented virtually nothing in mitigation at the penalty phase.
A federal court found in 2020 that Mr. Gavin’s lawyers were ineffective in violation of Mr. Gavin’s right to counsel and held that the constitution requires a new sentencing trial, but the decision was reversed on appeal.
Questions About the Reliability of Mr. Gavin’s Death Sentence Persist
The Constitution guarantees effective assistance of counsel, which means that defense lawyers representing a person facing the death penalty are expected to investigate and present evidence demonstrating why the jury should reject the death penalty and impose a life sentence.
There was compelling evidence about Mr. Gavin’s life that could have persuaded the jury to choose life imprisonment without parole in his case.
Keith was born into a family struggling with histories of drug abuse, alcoholism, and incarceration and, as the federal court found, “grew up in a gang-infested housing project in Chicago, living in overcrowded houses that were in poor condition, where he was surrounded by drug activity, crime, violence, and riots.”
Keith tried to shield his 11 brothers and sisters from their abusive father by taking the blame for them and was frequently beaten with extension cords, sticks, hoses, and his father’s fist.
In Chicago, Keith was the frequent target of gang violence and was brutally beaten at 17 and hospitalized. When he retaliated he was sent to prison, where he was frequently stabbed by gang members and continued to be victimized. Despite the constant threat of violence, Mr. Gavin earned his GED and took college courses in prison, and with only one major disciplinary write-up in 17 years, he became what the State’s expert called a model prisoner, which was a critical fact related to the jury’s decision to impose a sentence of life imprisonment without parole or death.
But Mr. Gavin’s jury never heard this evidence because, as the federal district court found, his lawyers failed to do the investigation and preparation that the constitution requires.
As Mr. Gavin’s mother lamented, “her son had no money to retain a ‘real attorney.’” Instead, he was appointed counsel who, the federal court found, “did not conduct an adequate background investigation, did not pursue all reasonably available mitigating evidence, and did not make a reasonable effort to present the mitigating evidence they had.” [MORE]
Supreme Court Issues Rare Last-Minute Stay of Execution for Ruben Gutierrez
/From [HERE] The state of Texas was scheduled to execute Ruben Gutierrez (pictured) on July 16, 2024; however, the United States Supreme Court issued a rare, last-minute stay of execution just 20 minutes before he was scheduled to be executed by lethal injection. This is the first stay of execution granted by the Supreme Court since it issued a stay for Richard Glossip in 2023. In a petition filed with the Supreme Court, attorneys for Mr. Gutierrez asked the Court to intervene because Texas has denied access to testing the crime scene DNA under state law. His attorneys argued that various items from the crime scene remain untested and would rule Mr. Gutierrez out as the person responsible for the murder. The petition submitted to the court said that “[Mr.] Gutierrez faces not only the denial of (DNA testing) that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. Not one has any interest in a wrongful execution.” The Texas Attorney General’s Office and Cameron County District Attorney’s Office maintained that state law does not allow “for postconviction DNA testing to show innocence of the death penalty and, even if it did, [Mr.] Gutierrez would not be entitled to it.”
In response to the court’s issuance of a stay of execution, Shawn Nolan, an attorney for Mr. Gutierrez said that “we are hopeful that now the Court has stepped in to stop this execution, we can ultimately accomplish the DNA testing to prove that Mr. Gutierrez should not be executed now or in the future.” With the Supreme Court’s stay of execution, the court will now decide whether to review Mr. Gutierrez’s appeal request.
Mr. Gutierrez was convicted and sentenced to death in 1999 for conspiring with two other men to rob a trailer park operator in Brownsville, Texas, which ended in her death. Mr. Gutierrez has long maintained that he did not enter the victim’s home and did not know the other men intended on killing Ms. Harrison. Mr. Gutierrez has spent more than a decade fighting to test crime scene DNA to prove that did not kill Ms. Harrison.
Fed Court Denies Clark County Government's Request to Dismiss Kevin Peterson's Suit. White Cops Shot Fleeing Black Man to Death who Didn't Point a Gun or Otherwise Threaten Them or the Public
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From [HERE] A wrongful death lawsuit against the Clark County Sheriff's Department and two deputies, filed by Kevin Peterson Jr.'s family, will go to a jury trial.
A three-judge panel of the U.S. Court of Appeals unanimously ruled in favor of Peterson's family, whose attorneys announced the update on Wednesday.
In October 2020, Clark County Sheriff's deputies shot and killed Peterson, a 21-year-old Black man, during a failed drug sting. Peterson had expected to deliver Xanax pills and showed up to a parking lot in Hazel Dell, but ran away when he realized it was a setup, according to attorney Mark Lindquist. According to the lawsuit the police shot him to death while he was fleeing and posed no threat to the police.
At the time, former Clark County Sheriff Chuck Atkins said Peterson shot at deputies first. However, an independent investigation later found no evidence to suggest that Peterson shot at police. In other words, the police officers lied.
Peterson's family and the mother of his child filed a lawsuit in May 2022, accusing Clark County's then-sheriff Atkins and the deputies involved of wrongful death, negligence and excessive force.
In September 2023, a federal trial judge denied the defendant's motion to dismiss five causes of action in the lawsuit. The federal judge ruled the lawsuit could move ahead to trial and set a start date for Oct. 30, 2023. But Clark County appealed the trial judge's ruling to the Ninth Circuit Court of Appeals.
In an opinion filed on July 16, 2024, the three-judge panel unanimously held that "…the government’s interest in the use of deadly force was limited because Peterson was not suspected of committing a violent crime and a jury could reasonably conclude that he posed no immediate threat to the officers or others." The court stated
Although Peterson was armed and actively trying to evade police officers, the evidence, construed in his favor, suggests that he did not point the gun at anyone, say a word to the officers, make any harrowing gestures, or make any furtive or threatening movements towards the officers or the public. See Rice, 989 F.3d at 1121 (holding that the “most important” factor in deadly force cases is whether the suspect posed an immediate threat); Smith v. City of Hemet, 394 F.3d 689, 704 (9th Cir. 2005) (en banc) (noting that deadly force is generally not permissible “unless it is necessary to prevent escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others” (quoting Tennessee v. Garner, 471 U.S. 1, 3 (1985))).
While Defendants rely on officer testimony to the contrary, “in the deadly force context, we cannot ‘simply accept what may be a self-serving account by the police officer,’” because the victim—usually the best-positioned witness to rebut an officer’s testimony—is dead. Cruz v. City of Anaheim, 765 F.3d 1076, 1079 (9th Cir. 2014) (quoting Scott v. Henrich, 39 F.3d 912, 915 (9th Cir. 1994)). [MORE]
“This ruling sends a message to Clark County that they ought to look at their policies," said Lindquist. "Given Clark County’s resistance to accountability, the only way the family and the community is likely to see justice is through a trial.”
Less than a year later, a Pierce County prosecutor found the shooting "justified and lawful." The deputies who fired at Peterson were cleared of criminal wrongdoing.
All causes of action alleged in the lawsuit will go to the jury. The trial is scheduled for early 2025 and will be held in the federal courthouse in Seattle.
Another Case Closed w/o a Trial as Judge Declares Wichita Cops Immune. Instead of Taking Cedric Lofton to a Mental Evaluation Police Put Black Teen in a Straitjacket and Crushed Him To Death at Jail
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From [HERE] A federal judge in Kansas ruled Tuesday that seven Wichita police officers are entitled to qualified immunity in a civil lawsuit over the in-custody death of a 17-year-old Cedric Lofton, who was restrained for more than half an hour at a juvenile detention center.
In his order, Chief U.S. District Judge Eric F. Melgren said the plaintiff, Marquan Teetz — Lofton's brother — did not demonstrate the officers violated clearly established law. He granted the officer's motion for summary judgment.
Melgren dismissed without prejudice claims for negligence, intentional infliction of emotional distress and negligent infliction of emotional distress against the Wichita police officers. These state law claims could be filed again.
Qualified immunity is a legal doctrine that protects officials from lawsuits, only allowing them when a clearly established constitutional right has been violated.
Andrew M. Stroth of the Chicago firm Action Injury Law Group, one of the plaintiff's attorneys said they would continue to seek justice for Lofton.
"An unarmed 17-year-old Black boy was unjustifiably killed and we will do everything we can to support this family," he said.
The complaint sets forth the following facts:
In the early morning hours of September 24, 2021, Cedric returned to his foster home after leaving without notice a day earlier. Cedric’s grandmother had recently passed away and upon Cedric’s return, his foster father was concerned about Cedric’s mental health.
Seeking guidance with concern, Cedric’s foster father called the Kansas Department of Children and Families (“DCF”). DCF told him to call the police and to not let Cedric in the home. The purpose of this instruction was to obtain a mental health evaluation and treatment for Cedric. This is why the Wichita police were called. Cedric had committed no crime; he was a child returning innocently home.
WPD officers arrived and encountered Cedric outside his foster home. Cedric was tired and afraid. He showed no signs of violence and presented no harm or danger. It was immediately clear that he was experiencing a mental health crisis, telling WPD officers that he was worried people were trying to “kill” him and that all he wanted to do was to go inside his home and go to sleep. Cedric asked the officers, “Y’all are here to protect me, right?”
This foster child needed help. But rather than provide it, WPD officers physically confronted him, unnecessarily escalated a benign scenario, arrested him, and entombed him in a WRAP restraint system — effectively a full-body straitjacket. The use of the WRAP predictably and inexcusably exacerbated Cedric’s fear and paranoia.
Worse, WPD did not then take Cedric to a hospital for mental health evaluation and treatment. Instead, they brought him to Sedgwick County’s Juvenile Intake and Assessment Center (“JIAC”)—a kind of juvenile detention—and locked him in a holding room still in the WRAP restraint. In other words, even though the entire point of WPD’s involvement was to get Cedric help and even though he had committed no crime, WPD refused to obtain help and treated Cedric like a violent criminal. This despite the fact that one officer admitted: “For me, I think we should have taken [Cedric] to [the hospital at] St. Joe [for treatment].”
Worse still, when confronted with JIAC’s intake questioning about whether Cedric required medical treatment, WPD intentionally falsified their response and swore that he needed no such treatment, knowing that was exactly what was needed and required. Indeed, a JIAC intake officer witnessed a WPD officer change his response to the intake form when he learned it would trigger WPD’s obligation to transport Cedric for treatment. As such, the officer prioritized his own convenience at the expense of this child’s welfare. And JIAC officials knowingly permitted it.
Within a few hours, Cedric was dead. Following a brief altercation, Cedric died after several JIAC officers forced him to the floor in the prone position and pinned him on his stomach for 39 uninterrupted minutes until he stopped breathing. The smiling child photographed above was condemned to die hooked to life-supporting tubes in a hospital bed, shown here:
Cedric posed no threat to anyone — not least of which the five able-bodied, adult officers who cycled-in and out of the room during Cedric’s slow death. These JIAC officers perpetrated a prolonged and abhorrent case of excessive force on a 135-pound, shoeless, shackled, and unarmed juvenile in the obvious throes of a mental health crisis.
Months later, the Sedgwick County medical examiner determined that Cedric was killed as a result of this incident and concluded that Cedric’s death was a “homicide.”
Teetz sued on June 13, 2022, filed an amended complaint in November and a second amended complaint in April 2023. He claimed the Wichita officers were indifferent to Cedric's mental health crisis in violation of his rights under the Constitution and said that the supervising officers, Tony Supancic, Amanda Darrow and John Esau participated in and did not stop violations of Lofton's rights. Teetz also claimed the officers intentionally and negligently inflicted emotional distress.
"Plaintiff fails to carry his burden of demonstrating that involuntary hospitalization and issuance of a mental evaluation were clearly established constitutional rights that the WPD Officers’ deprived Lofton of when they took him to JIAC. Consequently, the WPD Officers are entitled to qualified immunity, and the Court grants the WPD Officers’ motion for summary judgment," Melgren wrote in his order.
In early 2022, Sedgwick County District Attorney Marc Bennett, who is white, said he would not bring any charges against the officers due to Kansas' "stand-your-ground" law, the Associated Press reported at the time. (At least in regard to white citizens, “Stand your ground” law would be inapplicable here as “A person is justified in the use of deadly force under circumstances where a person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.” [MORE] Here, no facts have been alleged that the black teen posed an imminent threat of death to jail authorities as he was crushed to death for 39 minutes while prone on the floor.)
Various defendants have been dropped during the course of the case, including Sedgwick County and the city of Wichita.
Sedgwick County Juvenile Intake and Assessment Center Officers Jason Stepien; Brenton Newby, Karen Conklin, William Buckner and Benito Mendoza remained defendants in the suit as of Tuesday night. They, too, have filed for summary judgment.
Instead of Protecting Sonya Massey, a White Cop Shot Her in the Face. Illinois Deputy Charged with Murder for Killing Black Woman who Called Police to Her Home to Investigate a Suspected Intruder
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From [HERE] An Illinois sheriff's deputy has been fired, arrested and charged with murder in the fatal shooting of a 36-year-old Black mother that occurred after she called officers to her home for help, officials announced on Wednesday.
Sean Grayson, who is white, is set to be arraigned in Illinois' Seventh Judicial Circuit Court on Thursday afternoon, one day after a grand jury indicted him on five criminal counts for the July 6 death of Sonya Massey, according to the Sangamon County States Attorney's Office. He faces three counts of first-degree murder, one count of aggravated battery and one count of official misconduct. Grayson was denied bail during Thursday’s arraignment.
Massey was unarmed and shot in the face after she called police regarding a suspected intruder in her Springfield home, said Ben Crump, the prominent U.S. civil rights lawyer representing the family.
Massey lived in the 2800 block of S. Hoover Ave. in unincorporated Springfield. She had called 9-1-1 to report suspicious activity near her home. Two officers were called to Massey's home for a suspected prowler at 12:50 a.m. July 6. About 30 minutes later, Massey was shot and later pronounced dead at St. John's Hospital, according to the sheriff's office. The deputies were not injured in the incident.
Court documents filed by prosecutors say Massey was allowed to remove a boiling pot from her stove. But then the deputy, in an adjacent room, threatened to shoot her – demanding she put the pot down. The account says he then shot at her three times, wounding her in the face.
Grayson, the documents said, had failed to turn his body camera on until after the shots were fired,. But the incident was captured on the other deputies’ camera.
"While nothing can undo the heinous actions of this officer, we hope the scales of justice will continue to hold him accountable and we will demand transparency at every step," Crump said in a statement.
Reuters could not immediately identify an attorney for Grayson.
The family has viewed body-camera footage, which officials plan to release on Monday with minimal redactions, according to State's Attorney John Milhiser.
The shooting was investigated by the Illinois State Police. Grayson was fired after it was found his actions did not follow proper training and standards, Sangamon County Sheriff's Office said in a statement on Wednesday announcing the charges.
The killing comes roughly two months after a Florida deputy shot and killed Fortson, a 23-year-old Black airman with the U.S. Air Force, at Fortson's home in Fort Walton Beach. Eddie Duran, the deputy, was later fired amid an investigation into the shooting, though charges have not been filed.
Ohio Justices Enforce $30M Judgment after East Cleveland Authorities Refused to Pay. White Cops Unlawfully Stopped Black Man and Detained Him w/o Charges in a Jail Storage Room for 4 Days w/No Toilet
/From [HERE] The Ohio Supreme Court on Wednesday ordered the city of East Cleveland to pay upwards of $30 million to satisfy a judgment in favor of a Black man who won a jury verdict finding that police officers wrongfully detained him and caused serious injuries in the process.
In the opinion, the justices granted a writ of mandamus to Arnold Black, saying East Cleveland has a clear legal duty to pay out the judgment, and Black had no other legal recourse to enforce that judgment as he cannot commence a regular enforcement action against the city under state law.
According to the opinion, Black was arrested in April 2012 during a traffic stop by East Cleveland police officers, who beat and arrested him after Black told them that he did not know who sold drugs in the city. The court made a factual finding that Black was left in a storage room for four days, with no bed or toilet, and his former fiancée testified that his head was “swollen like a helmet” when he was released.
Black sued Police Chief Ralph Scotts, Detective Randy Hicks and the city, and in August 2019 a jury returned a verdict in his favor, awarding $20 million in compensatory damages, plus $5 million in prejudgment interest, plus $15 million in punitive damages from Scotts and Hicks. The following year, an appeals court affirmed the judgment, and both the state and U.S. Supreme Courts denied review of the verdict.
Black's attorney contacted the city in October 2021 seeking to satisfy the judgment, but the city did not acknowledge or respond to the letter, and Black commenced the action seeking the writ in February 2023 and asked for the $20 million judgment, plus nearly $10.5 million in interest.
According to Wednesday's opinion, Black's evidence clearly and convincingly established that he's entitled to the relief because as he prevailed at a jury trial, which gives him a clear legal right to the judgment, while the city has a clear legal duty to satisfy the amounts.
While the city argued that a motion it made at trial to enforce a damages cap meant there was a dispute about how much money it owed Black and that therefore he hasn't established a clear legal right, the justices disagreed.
According to the opinion, Black has submitted sufficient evidence to establish exactly how much the city owes him, including the jury's interrogatories and verdict, including the amount of compensatory damages, the trial court's judgment ordering the city to pay and an appeals court's judgment affirming the verdict and monetary awards.
As such, the justices ordered the city to satisfy the judgment, including prejudgment interest and postjudgment interest from the verdict to the date it is paid, and if the city does not have the funds, it is to appropriate funds to satisfy the judgment and interest.
According to the court:
On April 28, 2012, at approximately 10:00 p.m., Black was driving home from his mother’s house when he was pulled over by East Cleveland Patrolman Jonathan O’Leary. (Trial tr. 166-167; 218; 227.) Sergeant Randy Hicks had ordered O’Leary to stop Black’s green truck because it resembled a green truck belonging to a suspected drug dealer. Hicks was a narcotics detective in East Cleveland and was also a member of a joint narcotics task force with the Cuyahoga County Sheriff’s Department. (O’Leary trial depo. tr. 54.)
O’Leary told Black to get out of his vehicle, handcuffed him, and escorted him to the back of his truck. (O’Leary trial depo. tr. 8.)
O’Leary’s patrol car was parked behind Black’s vehicle with the lights activated. Black was sitting on his back bumper in front of O’Leary’s patrol car when Hicks arrived on the scene.
Black testified that Hicks immediately began searching his car and removed the side panels from his truck. Hicks did not find any narcotics in the truck and, after brandishing his badge, began questioning Black about who sells drugs in East Cleveland. (Trial tr. 86.)
Black replied that he did not know who sold drugs in the city. Thereafter, Hicks became violent and repeatedly struck Black’s face and head without provocation or justification. (Trial tr. 93.) Hicks admitted at trial that he struck Black several times until O’Leary came between them and stopped him. (Trial tr. 93-94.) Hicks described Black as appearing “dazed” after the beating. (Trial tr. 94; 232-234.)
O’Leary testified that he believed his dash camera was operating throughout the duration of the incident and captured the incident on film. (O’Leary trial depo. 18.) Black and O’Leary both testified that Hicks may have been under the influence of alcohol at the time of the incident because he smelled of alcohol. (Trial tr. 291-292; O’Leary trial depo. 73-74.)
Hicks admitted that he called another officer to transport Black to the East Cleveland jail even though he did not have probable cause to arrest him. (Trial tr. 98.)
Upon arriving at the jail, Black was placed in a storage room that the police officers referred to as a “holding cell,” even though there was no bed and no toilet in the room. (Trial tr. 238-239.) The room contained a wooden bench, some storage lockers, and cleaning supplies and was infested with cock roaches. (Trial tr. 240- 241.)
Black remained in the storage room for four days. At some point, an unknown officer entered the room, gave Black a carton of milk, and allowed him to use his cell phone to make a call. (Trial tr. 244-245.) Black called his former fiancée, Eryka Bey and told her, in a whisper, that he had been arrested and beaten and was being held in the East Cleveland jail. (Trial tr. 190.)
Bey went immediately to the jail and asked to see Black. An officer told her she could not see him because he was “under investigation.” Black testified that on the fourth day following his arrest, a councilwoman came to the jail to inquire about him because she had heard he had been beaten while he was handcuffed and was being detained without probable cause in the city jail.
Chief Spotts accompanied the councilwoman during her visit with Black in the storage room. (Trial tr. 272.) In Black’s presence, the councilwoman told the chief that she wanted to know what happened to Black and how “at this time and age * * * he got beat up and put in a closet.” (Trial tr. 274.) Thereafter, Black was placed in a line of inmates, who were awaiting transport to the county jail. (Trial tr. 271-274.) Later that day, Bey picked Black up at the county jail and drove him home. (Trial tr. 196-197.)
According to Bey, Black’s head was swollen like a “helmet” and he was acting fearful. (Trial tr. 196-197.) In the weeks following the incident, Black complained of headaches and developed vision problems. His mother and Bey also observed changes in his personality. They described him as withdrawn and unwilling to leave the house due to fear of the police. (Trial tr. 199-200, 201, 209, 253-254.) [MORE]
