California Senate bans warrantless drone surveillance

Rt.com

The California State Senate has approved a bill that will drastically restrict how law enforcement agencies from San Diego to San Francisco can use unmanned aerial vehicles, or drones, for policing purposes.

On Tuesday, the Senate voted 25-8 in favor of the legislation, AB 1327, setting it on course to go before the State Assembly once more for final approval of new amendments tacked on since lawmakers in that chamber last saw the bill in late January and passed it by a margin of 59-5.

Should the Senate give the bill another go-ahead, then the legislation will next likely land on the desk of California Governor Jerry Brown, a democrat, to be signed into law. Once enacted, it will limit law enforcement agencies from conducting drone surveillance by forcing police departments to obtain warrants before putting UAVs in the air, except in certain circumstances, like fires and hostage situations. Additionally, any footage recorded by these aircraft would have to be destroyed by the agencies that collect them within one year.

"The potential for abuse of drones is high and we need to be vigilant to ensure our Constitutional rights are protected," the bill's co-author, Democratic Senator Ted Lieu, told Reuters.

New Orleans Jail is So Foul it Violates Inmates' Right to Counsel

NextCity

As the American Bar Association works in Missouri and other states to develop new, accurate measures to evaluate public-defense caseloads, the ongoing struggles between Orleans Public Defenders and its jail make it clear that caseload alone is an imperfect barometer that can be tremendously skewed by issues like jail access.

In Orleans, as elsewhere, most indigent defendants remain in jail until trial because they can’t afford bail. Altogether, Orleans defenders make 4,500 jail visits a year, which eat up so much work time that the caseload measure becomes almost meaningless. “You can blow three hours trying to talk to your client for 15 minutes,” said Chief Public Defender Derwyn Bunton, who described the jail as “one of our most disruptive inefficiencies right now.”

When Orleans Public Defenders go into court on Thursday, they will tell a state civil-court judge that Sheriff Gusman is violating both state and federal laws that govern a defendant’s right to counsel. They’ll show their log documenting inconsistent wait times and non-private conditions: rooms where they must discuss delicate case matters within earshot of other inmates and exchange paperwork through deputies, who may or may not deliver it.

FBI Investigating Authenticity of Audio of Michael Brown Shooting - recording reveals 10 shots by white cop

From [HERE] Prosecutors say the FBI is trying to validate an audio recording that allegedly captured the police shooting of Michael Brown — including what sounds like a volley of six shots, a brief pause, and then another four or five shots. The unidentified man who made the recording says he was using a phone app to create a video text message at the same time the unarmed 18-year-old was killed in a midday confrontation with a cop in Ferguson, Missouri, on Aug. 9, according to his lawyer, Lopa Blumenthal. "He didn’t know necessarily what was going on outside until later, and that’s when he put two and two together and realized he may have recorded what was going on at the time," Blumenthal said.

Blumenthal said the FBI has interviewed her client and listened to the recording, which was first reported by CNN. NBC News has obtained the recording but cannot independently verify that the sounds on it are linked to the Brown shooting, and the FBI had no comment. Autopsy reports say that Brown was shot at least six times, but up to 11 shots are heard on the recording. It's not clear why there was a pause in the middle, and the recording only contains 12 seconds of audio. "We don't have any side that we're representing other than the fact that here's a piece of evidence that we want to get to the investigators which may lead to a more complete story," Blumenthal said.

Tennessee Inmates Claim Electric Chair Unconstitutional

Courthouse News

Tennessee's plan to use the electric chair as a backup to lethal injection is unconstitutional, Death Row inmates claimed Friday in an amended complaint.
     Stephen Michael West and four other Death Row inmates sued Tennessee in November, claiming execution by electric chair violates the Eighth Amendment's prohibition of cruel and unusual punishment.
     Since the original lawsuit was filed, botched executions by lethal injection in Oklahoma and Arizona made world headlines, and inmates and capital punishment critics have filed lawsuits against states, demanding to know where they get their lethal drugs. States have resisted, and drug companies have become reluctant to supply the lethal drugs.
     Tennessee's Capital Punishment Enforcement Act, which took effect July 1, dictates that a death sentence will be carried out by electrocution if one or more lethal injection chemicals are "unavailable."

Half of black men in the US have been arrested by age 23

Vox

Forty-nine percent of black men have been arrested at least once by age 23, and so have over 40 percent of all men.

Those are the big takeaways from a study in the April issue of Crime & Delinquency that has gained new relevance in light of the events unfolding in Ferguson, Missouri. University of South Carolina's Robert Brame, University of Albany's Shawn Bushway, University of Maryland - College Park's Ray Paternoster, and University of North Carolina - Charlotte's Michael Turner estimated "cumulative arrest prevalence" by race and gender using the National Longitudinal Survey of Youth (NLSY). They focused on the 1997 cohort, born between 1980 and 1984. The respondents were surveyed at ages 18 and 23, which would have been between 1998-2002 and 2003-2007, respectively.

 

TJ Holmes: Stay alive, Black men, stay alive

 

District Chronicles

This is what I do whenever I see flashing lights in my rearview mirror: I put on my hazard lights and pull over as soon as safely possible. Then I put the car in park, roll down both front windows fully, turn off the engine, take the keys out of the ignition and dangle them high in the air out the driver’s side window before placing them on the roof of the car.

Next, I cross my arms at the wrist, spread my fingers and display my empty hands out of the window and wait for the officer to come to the door to give me instructions. When the officer asks for my license and registration, I explain that they are in my pocket and my glove compartment, and I ask if it’s all right to move my hands in order to retrieve them. I don’t make any movement without first getting the officer’s blessing to do so.

The last time I was pulled over, in the summer of 2012, the officer told me it was to make sure I “had insurance.” I was sure that wasn’t a legitimate reason for stopping me. I was furious. I wanted to curse. I wanted to get belligerent. I wanted to hurl accusations at the officer about his motivation for stopping me. I had done absolutely nothing wrong, and I knew it.

But during that stop, the officer had no idea about the fury inside me. I was cooperative and answered him with only “Yes, sir,” and “No, sir.”

I wonder what would have happened had I acted on my emotions. If I had gotten loud or animated. How would that officer have reacted?

Immediately after the stop, I reached out to friends, including a couple of attorneys, one of them a black attorney from Birmingham, Ala. I was still fuming when I called him and detailed what had just happened. Instead of being sympathetic, he calmly responded, “Be glad you made it home.”

He was sincere in telling me that I should be grateful for the ultimate outcome of my police interaction: I wasn’t dead.

A subsequent investigation by the officer’s department determined that the officer was wrong to stop me. The department retrained him and other officers on traffic stops.

I am now pleading with young brothers to abandon the idea of winning, fairness, vindication or satisfaction. The No. 1 goal has to be survival. Survive the situation. Just live. 

My parents and experience taught me that you don’t want that officer on edge, nervous or agitated. Stay calm. Don’t get animated. Don’t get loud. Don’t be a smart-ass.

It doesn’t matter if you’re 100 percent innocent. Don’t give that officer an excuse to act on what he might already preconceive as a threat: a black man. At that moment, your pride or even your rights cannot be the priority. Your life is. [MORE]

White Anne Arundel County officers donated over $1,000 to Cop who Killed Michael Brown: Black officers upset

CBSNews

The Fraternal Order of Police Lodge 70 representing Anne Arundel County officers donated over $1,000 last week to the legal fees of Darren Wilson, the Ferguson cop who shot and killed Michael Brown.

Now, some members of that force aren’t happy about the decision to do that.

Cpl. Kam Cooke, acting president of the Black Police Officers Association in Anne Arundel County, says he’s spoken with about 50 or so black officers on the force, and many white officers, who agree this was the wrong move.

“At this time, it’s way too early to make that type of decision,” Cooke says.

In a letter to FOP President O’Brien Atkinson, Cooke asks the donation be rescinded.

So far, no other local FOPs have donated.

“It does pose a question,” Cooke says. “It certainly poses a question.”

The FOP said they were first going to pay for food to feed the officers working long nights in Ferguson before deciding to donate to Officer Wilson’s legal funds, according to Cooke.

" I'm 5'8", 138 pounds. Then they proceed to handcuff me and take me down to the precinct. I asked why. They didn't tell me why. To actually experience that, I lost hope 'cause it's like, you know, these people are here to protect us. But they're killing us"

NPR

What Does It Mean To Be A Black Man In America Today?

NPR's Sam Sanders asked that question of black men in New York and Los Angeles, and he shares just a few of their answers here.

ROBERT SIEGEL, HOST:

What it means to be a man in America today and how it's changing - that's something we've been exploring this summer. And for some men the answer has less to do with gender than with race. NPR's Sam Sanders went to two of the country's biggest cities and asked this question. What does it mean to be a black man? Here's some of what he heard beginning with Sean Wess (ph) in New York and Robert Wyatt in Los Angeles.

SEAN WESS: We're smart. We're educated. You know, we have hopes. We have dreams. We have goals. We're family oriented.

ROBERT WYATT: It means a struggle and strife finding work, finding housing - trying to make it in a very racist country.

UNIDENTIFIED MAN: Racism is very sophisticated now. It's all sort of disguised, but they still let you know you're black. Oh, you've got rasta dreads - you've got this - you've got that - so then therefore you must be that. And then when I speak it's like oh, wow. You speak different. I don't want to internalize all that stuff. That's that person's problem.

WYATT: I knew I was a man when I left home and became a soldier. I realized I was a black man when I had to fight for certain rights going to get a job - you know, to speak up for myself. I have a mind. And I have a spirit.

UNIDENTIFIED MAN #2: I've been a victim of racial profiling in Brooklyn, actually. So I was actually going to the bodega to get an Arizona iced tea - my favorite Arizona iced tea, mango - and I was approached by five white officers.

SAM SANDERS, BYLINE: Five?

UNIDENTIFIED MAN #2: Five. Me, I'm 5'8", 138 pounds. Then they proceed to handcuff me and take me down to the precinct. I asked why. They didn't tell me why. To actually experience that, I lost hope 'cause it's like, you know, these people are here to protect us. But they're killing us.

UNIDENTIFIED MAN #3: Put yourself in my shoes. Imagine you walking down the street, and someone crosses the street just because you're black man. Imagine you walking down the street, and a police officer stops you and frisks you just because you're black man or just because of how you're dressed. Imagine that being your son. Imagine that being your nephew, your uncle, your brother. Imagine that and then, you know, try to process what we go through because, like I said, it's tough. It's tough.

UNIDENTIFIED MAN #4: Being a black man, myself - and I'm living by this advice as well - stay in the fight. No matter how hard it gets - no matter how much you want to give up, just don't give up. Tomorrow's another day.

ANTHONY CHERRY: What a black man means to me is just basically this - wherever I go, I'm feared and I'm revered. And that is the stuff of kings. And I'm going to be king.

Ferguson proves persistence of racial hierarchy

GW Hatchet

Michael Wenger is an adjunct professor of sociology and a senior fellow at the Joint Center for Political and Economic Studies, a research institution that concentrates on race issues.

Michael Brown, the young black man shot and killed Aug. 9 in Ferguson, Mo., is yet another on the long list of unarmed black men – including two others in the past month and a half – who have suffered similar fates at the hands of law enforcement.

Since mid-July, we’ve seen the death of Eric Garner in Staten Island by a police officer’s chokehold and the fatal shooting of Ezell Ford by two Los Angeles Police Department officers. This country has a long history of such events, going back to slavery and the thousands of lynchings during the Jim Crow era.

Yet, amid the outrage over the Brown killing, we must not lose focus of the bigger picture. Since the founding of our nation, society has displayed a deeply entrenched belief in a racial hierarchy. This hierarchy assumes the superiority of white Americans and devalues the lives of non-white Americans.

Despite popular opinion, those racial beliefs have not been erased by the emancipation of enslaved people, by the Civil Rights Movement or by the election of a president with African ancestry. Until the hierarchy has been dismantled, we will continue to witness such killings.

This racial hierarchy manifests itself in both conscious and unconscious ways. Consciously, it caused the brutal system of slavery and the era of Jim Crow racism that followed emancipation, as well as the purposeful exclusion of African Americans from Social Security and the GI Bill. Additionally, the enactment of government policies, both written and unwritten, has institutionalized residential segregation and resulted in the mass incarceration of young men of color.

Despite Racial Disparity, White Alumni Group Backs Test-Only Policy for Elite Schools

NYT

A group of alumni of eight prestigious public high schools in New York City issued a statement on Tuesday in support of keeping a test as the sole criterion for entry, inserting themselves in a long-running debate over the admissions process and its impact on the schools’ racial makeup.

Some legislators and civil rights groups have blamed the test-only policy for the fact that very few black and Hispanic students are admitted to the eight so-called specialized high schools, in comparison with their numbers in the city’s school system over all. Mayor Bill de Blasio said during the mayoral campaign that the schools should use a broader set of measures for admission, but his power to make that change is limited.

State law mandates that the test, known as the Specialized High School Admissions Test, be the only standard for admission to the three biggest schools — Stuyvesant High School, the Bronx High School of Science and Brooklyn Tech — and an attempt to change that law fizzled earlier this year.

Why Settlements Don’t Fix Wrongful Convictions

Propublica

It may seem to some a happy ending:  A Brooklyn man wrongly convicted in a 1994 murder is at last cleared -- after serving 16 years in prison -- and then reaches a $10 million settlement with the city in the case.

Perhaps, says Senior Editor Joe Sexton, but it’s far from justice. “He will get his millions, but he won’t get his life back, and neither will his children or his family,” Sexton says, joining Managing Editor Robin Fields in the Storage Closet Studio to talk about the settlement.

While Collins’s family now has some measure of financial security, and the city has admitted wrongdoing, Sexton says, “there isn’t any real remedy that is committed to. The remedies that many people think are required really can only be brought about by legislation that would, you know, create a better, more effective way for making sure that prosecutors, in doing their vital jobs for society, don’t abuse their authority.”

Black Man Says He Was Detained For 6 Hours Because Police Wouldn’t Watch the Video Proving Him Innocent

ThinkProgress

Police were looking for a bank robber when they arrested Charles Belk on Friday night. The profile of the suspect was tall, black, and bald. And so is Belk. They were both wearing green shirts. That’s all the information they had. And that’s all the information they deemed necessary to hold Belk for six hours late Friday night, according to the accounts of Belk and his lawyer.

“It’s one of those things that you hear about, but never think it would happen to you,” Belk said in a Facebook post, highlighted by Crooks and Liars. Belk continues in the post:

Within seconds, I was detained and told to sit on the curb of the very busy street, during rush hour traffic.

Within minutes, I was surrounded by 6 police cars, handcuffed very tightly, fully searched for weapons, and placed back on the curb.

Within an hour, I was transported to the Beverly Hills Police Headquarters, photographed, finger printed and put under a $100,000 bail and accused of armed bank robbery and accessory to robbery of a Citibank.

Within an evening, I was wrongly arrested, locked up, denied a phone call, denied explanation of charges against me, denied ever being read my rights, denied being able to speak to my lawyer for a lengthy time, and denied being told that my car had been impounded…..All because I was mis-indentified as the wrong “tall, bald head, black male,” … “fitting the description.”

Belk is a well-connected film and television producer who was en route to an Emmy pre-party later that night. He notes that he “gets” the cops who cuffed him that night didn’t know he was an “award nominated and awarding winning business professional,” that he had been at “one of the finest hotels in their city,” just an hour earlier, and that he was a “well educated American citizen.” “What I don’t get………WHAT I DON”T GET,” he writes. “is, why, during the 45 minutes that they had me on the curb, handcuffed in the sun, before they locked me up and took away my civil rights, that they could not simply review the ATM and bank’s HD video footage to clearly see that the “tall, bald headed, black male”… did not fit MY description.”

Once Belk was eventually permitted to make a phone call, he used his connections to find criminal defense lawyer Jaaye Person-Lynn, who left a wedding to come retrieve him late Friday night. When Person-Lynn got there, Belk was being held on $100,000 bail. Person-Lynn said he was there for an hour before he was able to see Belk. For 40 minutes, officers disputed that Belk had actually requested a lawyer and rejected requests to see him.

Person-Lynn said he had assumed before he arrived that for police to hold Belk that long, they must have had some sort of additional evidence that he committed the crime than his matching description. “I gave the cops the benefit of the doubt at that moment,” he said. “But unfortunately it didn’t end up that way.” It’s common knowledge among law enforcement that all cops have surveillance tapes. And they never even checked the tape until after Person-Lynn showed up to represent Belk. Once they watched the tape, it became immediately clear that the actual suspect didn’t look much like Belk and they released him.

It was midnight when Belk was finally released. But Person-Lynn said many other individuals who found themselves in Belk’s situation without his resources would likely have been detained at least until Monday, when a district attorney would have been able to ask him some questions and more defense lawyers were back at work.

Belk also imagined that his arrest could have been worse: he almost ran to his car to check his parking meter, but slowed to a walk when he received a text.

“[I]f it wasn’t for a text message that I was responding to, I would have actually been running up LaCienega Blvd when the first Beverly Hills Police Officer approached me. Running!” he wrote.

U.S. Attorney General Eric Holder, another prominent black man, recounted a story of being stopped by police in another tony neighborhood, Georgetown in Washington, D.C., when he was running to get to a movie in time and police flashed their vehicle lights as they yelled “Where are you going? Hold it!”

“I am the Attorney General of the United States. But I am also a black man,” Holder said last week in a visit to Ferguson, Missouri, where he recalled the stop again. Speaking of several other incidents in which he was pulled over the highway and had his car searched, he said, “I remember how humiliating that was and how angry I was and the impact it had on me.”

In Belk’s case, Person-Lynn didn’t fault the officers for stopping Belk initially, given that he fit the description of what they were looking for. It’s the “overreaction” that followed — and it’s overreaction that he says is epidemic against black men.

“They need to do their due diligence in determining that I either am or am not the person they are looking for,” he said. “It’s worth a few minutes. Stand on the curb while they review the surveillance tape. I don’t think it should have lasted ten minutes. But six hours is ridiculous to take a man’s liberty away when it’s something so clear that he was not involved.” He added, “Whoever really did it got a six-hour lead.”

A representative for the Beverly Hills Police Department did not issue a planned statement before press time.

Forensic folks say Foley murder video 'may have been staged' - white man wasn't the killer

Telegraph

The video of James Foley’s execution may have been staged, with the actual murder taking place off-camera, it has emerged.

Forensic analysis of the footage of the journalist’s death has suggested that the British jihadist in the film may have been the frontman rather than the killer.

The clip, which apparently depicts Mr Foley’s brutal beheading, has been widely seen as a propaganda coup for Islamic State miltant group.

But a study of the four-minute 40-second clip, carried out by an international forensic science company which has worked for police forces across Britain, suggested camera trickery and slick post-production techniques appear to have been used.

Many consumers are unaware that over 70% of beef and chicken in the U.S. is treated with poisonous carbon monoxide gas which makes makes seriously decayed meat look fresh for weeks

BlackListed News

After reading this you may never trust Congress or the FDA again, let alone corporate chain grocery stores.

This toxic practice makes seriously decayed meat look fresh for weeks and is banned in many countries including the European Union and Japan.

Many consumers are unaware that over 70% of beef and chicken in the United States and Canada is treated with poisonous carbon monoxide gas and the FDA allows it, despite the known public health risks.

A bill was introduced in Congress that would require the labeling of meat that has been treated with carbon monoxide but it was never enacted and the topic was swept under the rug entirely. [Bill: H.R. 3115 (110th) introduced on July 19, 2007; never enacted.]

This practice makes meat appear and smell fresh even when contaminated with harmful bacteria such as Clostridium botulinum, Salmonella, Campylobacter, and E-coli 0157:H7.

Detroit water bond exchange approved by bankruptcy judge

CrainsDetroit

Detroit can exchange at least $1.67 billion of its water and sewer debt for new bonds, a federal judge ruled today, removing one more hurdle in the city’s path to exiting its record municipal bankruptcy.

The city won approval of the deal in federal court in Detroit, a week before it starts a trial on its plan to cut debt and exit bankruptcy. The decision by U.S. Bankruptcy Judge Steven Rhodes allows the city to buy back or pay off early about 92 percent of the water and sewer bonds it was targeting with a repurchase offer that ended last week.

“It’s a good deal for the city,” Kevyn Orr, Detroit’s emergency manager, told Rhodes in court today.

Should the city succeed this week in selling new bonds to finance the deal, a group of four bond insurers and investors will drop their opposition to the debt-cutting plan when the trial opens Sept. 2. If the sale fails, the city can still go ahead by borrowing money from a unit of Citigroup Inc., Heather Lennox, an attorney for the city, said today in court.

Detroit’s 5.25 percent water bonds due in 2014 climbed 4 percent today to 98.8 cents on the dollar, according to data compiled by Bloomberg.

Let's talk about white racism [Letter]

Baltimore Sun

The commentary, "A necessary conversation" (Aug 17), by Loyola University Maryland assistant professor Karsonya Wise Whitehead, in which she claims that our nation needs to have "a serious conversation about race," is another see-no-evil, speak-no-evil, hear-no-evil lamentation about the state of race relations in America that is sure to offend nobody and solve nothing.

Ms. Whitehead uses the word "racism" only once in her long article. The way she sees it, what we need to be doing is "sitting down in small diverse community groups and wrestling with the question of how race and our feelings about it are still dividing our country." You know, like a class discussion. She claims we must have a conversation about race "before we begin the process of healing" and before events like those that occurred in Ferguson, Mo. happen elsewhere. Right. As if the race problem in America is caused by a failure to communicate.

It isn't. The cause of the race problem in America is racism, and I mean white racism. Since the founding of our nation, white prejudice against black people (and other people of color such as Native Americans, Hispanics and Asians, but black people especially) has been, is and always will be dividing our country. White racism is the rot at the core of our nation's social contract. It is white racism, in all its forms, from violent to silent, that has kept us and still keeps us from actualizing E Pluribus Unum, from becoming one people from many.

This nation doesn't need a "conversation about race." It needs a conversation about white racism. And who is to converse with whom? The leaders, public figures and people of influence in our nation and society need to converse with the American people about white racism. They need to call it out as the cause of the race problem in America and condemn it in no uncertain terms. And who, for example, might they be?

Our elected officials. Hey, President Barack Obama, U.S. Sen. Ben Cardin, Gov. Martin O'Malley! How about giving some speeches about white racism? And holding some town meetings about it where you'd respond to comments from the audience? Hey, want-to-be elected officials, Anthony Brown and Larry Hogan! How about giving some speeches about white racism during your campaigns and let us know what you think about it?

Or what about our religious leaders? Hey, Archbishop William E. Lori, how about giving some sermons about white racism? Editors of The Baltimore Sun, how about printing some editorials about white racism? Or columnists Dan Rodricks and Robert L. Ehrlich Jr., how about writing some columns about white racism?

And let me be clear. Our nation especially needs prominent white people to stand up and condemn white racism. Black leaders, from Frederick Douglass to Malcolm X, have done it, but white people expect them to do it so they aren't likely to heed what they say as much as they'd heed what white leaders would say.

If more ordinary white people saw prominent white people do it, it's likely to embolden them to speak out against white racism whenever it appears in whatever social setting they find themselves — in the workplace, the PTA meeting, the church, the neighborhood bar, the home. And it would certainly gladden black people who have long been enraged and frustrated by the silence of white leaders about white racism. To quote the Latin phrase, qui tacet consentit, "he who remains silent consents."

That's the conversation our nation needs to have — a conversation about white racism, not some palliative "conversation about race." White racism is a socially communicable disease. To treat or prevent this affliction of our body politic we need the public figures in our country to converse with the American people about white racism and to condemn it unequivocally.

Roye Templeton, Parkton