marym625
marym625's JournalACLU prohibited from joining gang rap case
Cross post from GD.
http://www.democraticunderground.com/10026237144
This case is absolutely mind boggling and mind blowing. And yet, not at all surprising
ACLU prohibited from joining gang rap case
Rap artist, Tiny Doo already spent 8 months in prison for a crime he had zero to do with. But that isn't stopping San Diego prosecutors from trying to put him and some others away for life.
The prosecution is using a conspiracy law, that is yet untested, to put Brandon Duncan, aka Tiny Doo, in prison for a crime he didn't commit, had no prior knowledge, has no ties to and didn't even write about in his music. The song they are using, to show he is part of a "conspiracy" in a 2013 gang related shooting, and his "benefiting from the crime" is from his album "No Safety." The album was released years prior to the shooting.
Tiny Doo has never been in a gang. He has never been convicted of a crime and he doesn't rap about going out and shooting this guy or that guy.
Because this is very much a First Amendment case, the San Diego branch of the ACLU filed an amicus brief. Unbelievably, they were blocked. Or maybe believably.
ACLU San Diegos legal director, David Loy, had argued in whats called an amicus brief that the District Attorneys Offices prosecution violates Duncans First Amendment right to free speech. Amicus briefs are filed by non-parties in a case and typically support one side or another. They are often filed during the appellate stage but have at times been granted before trial.
http://m.utsandiego.com/news/2015/feb/10/aclu-prohibited-gang-rap-duncan-amicus/
The wave of unfair prosecutions, illegal arrests and outright murders by law enforcement in this country is very telling in where we are headed. The SCOTUS has already done away with Affirmative Action, Voter Rights and separation of church and state. The jailing of journalists and whistle blowers is becoming more and more prevalent. Our Fourth Amendment rights are close to gone. How far behind is the complete dismantling of the First Amendment?
It is usually during the appellate stage that amicus briefs are filed and people and entities, like the ACLU, are allowed to be part of the process. But the fact that Mr. Duncan has been charged and already spent 8 months in prison, for a crime he didn't commit, is just another step in taking our rights away. Certainly Mr. Duncans rights.
This is a very important case. If the prosecution is able to charge someone, someone this far removed from the crime they're supposedly part of, we're in trouble.
More at links
The law:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=182-185
ACLU San Diego blog (prior to decision)
https://www.aclu.org/blog/free-speech-racial-justice/man-faces-life-prison-forrapping
The Guardian article (great information)
http://www.theguardian.com/music/2014/dec/03/tiny-doo-rapper-facing-life-for-making-album
Interview with Tiny Doo
http://m.noisey.vice.com/blog/tiny-doo-interview-jail-no-safety-faces-life-in-prison-for-recording-album
"I know the one thing we did right, was the day we started to fight! Keep your eyes on the prize!"
If you have never seen the documentary, "Eye On The Prize" you should. It is a 6 part series about the civil rights movement in the US. It is powerful, heartbreaking, heartwarming and accurate.
What is so very sad, besides the obvious, is how so much is still true today. In watching we see how far backward we have gone after making some strides forward.
Our country is pushing us all into a type of slavery. They are starting with the same groups they pushed down before. People of color, women and the poor.
This is episode 1
http://freedocumentaries.org/int.php?filmID=370
This is actually a repost of mine but it should be seen by everyone in the US.
10 days left for your message to be heard about net neutrality
Battle for the net
It ain't over until it's over.
https://www.battleforthenet.com/
separate group for gossip "news"
Just a suggestion. It is disheartening to see that posts about Kanye has over 400 replies but posts about the a man stabbing his transgender daughter, a woman dying in police custody or "Juan Cole: Iraq: ISIL Advances to Within 9 Miles of 300 US Troops at Al-Ain Base" get almost nothing.
Maybe if the gossip kind of stuff was in a separate group or forum, more important issues would receive more attention.
Just a thought.
Manifesto: The Mad Farmer Liberation Front
vacation with pay. Want more
of everything ready-made. Be afraid
to know your neighbors and to die.
And you will have a window in your head.
Not even your future will be a mystery
any more. Your mind will be punched in a card
and shut away in a little drawer.
When they want you to buy something
they will call you. When they want you
to die for profit they will let you know.
Wendell Berry
Inequity For All
Robert Reich, Jake Kornbluth and moveon.org on the TPP
Robert Reich: Inequality for All (11/20/13):
ya gotta love Shameless
Frank going on about the gentrification of his hood, "you cannot sell to the lesbians. When the good looking gays start buying up our homes the whole neighborhood is doomed. They're cashing in on their own good taste. "
He actually says something else between those two sentences but I have a 20 year old, 19" TV with horrible sound. Can't make out what he says.
Still, cracking me up.
It has been 3 1/2 months since the death of Sheneque Proctor
And still we have only the police version of events. There has been no video released to the family. There are still more questions than answers. And no one seems to care
This case is obvious neglect by the police, at the least in my eyes. This 18 year old mother of an infant son was left to die in police custody. Sheneque was, according to a call to her mother, "slammed" against the police car before being cuffed and "thrown" into the car. We know she was pepper sprayed at least twice, supposedly because her cuffs slipped off. We know she had asthma and complained to police about problems breathing.
Sheneque was doing drugs but it seems that she was not so high as to cause any concern to the cops. She was "snoring loudly" but that didn't cause them concern even knowing she suffered from asthma.
Though we don't know at what point she took the drugs, with her death, fewer than 12 hours after her being booked, she would have shown symptoms of overdosing at some point before they locked her in a cell and left her to die.
There's absolutely no excuse for the just turned 18 year old, in custody for just a short time, about 12 hours, to be found dead in the cell. Even if nothing overt happened to cause her death, there is neglect on the part of the police. The fact she had asthma, was pepper sprayed and what should have been obvious intoxication if she actually did OD, medical attention should have been sought prior to her death.
I have been checking on this every week or so for updates to see if the family has ever been given the video promised. Though there are a few articles in online publications like the Guardian, Daily Kos and a few others, if you Google her name under "news" and go back just a day, a week or even a month, there is absolutely nothing. Nothing about the young, black, mother of an infant son, who died in police custody fewer than 13 hours after being arrested.
Sheneque's death has been ruled a drug overdose. But we have nothing except the word of the police as to when they checked on her, why no medical attention was given when she complained of problems breathing and informed them she had asthma, whether or not she was sufficiently decontaminated of pepper spray, if at all, and the video tape, promised to her parents has yet to be released.
It is possible that the police are actually telling the truth in this. However, the fact that the video hasn't been released after 3 1/2 months makes me doubt it.
http://www.theguardian.com/us-news/2015/jan/09/black-alabama-teenager-died-police-cell-sheneque-proctor
http://countercurrentnews.com/2015/01/police-refuse-to-explain-how-young-african-american-woman-died-in-police-custody/
We have 14 days left to stop cable companies from controlling the Internet
Battle For The Net has an easy way for you to tell your representatives and the FCC we don't want Comcast, Time Warner and AT&T telling us what we can access.
https://www.battleforthenet.com/
The site has a letter you can sign and it sends to your representatives, a script to use to call your representatives. It will even dial the phone for you to each one. Can't possibly be easier.
Just over 13 days left. Take action.
Profile Information
Name: Mary MathieuGender: Female
Hometown: Chicago
Member since: Wed Sep 12, 2012, 09:25 PM
Number of posts: 17,997