New Political Prisoner For America: Rev. Edward Pinkney

By Abayomi Azikiwe, San Francisco Bay View, 18 January 2014


 

 

Above: Rev. Pinkney leads protest in August 2010 against the Jack Nicklaus Golf Course built on priceless Lake Michigan shoreline parkland deeded in perpetuity to the people of Benton Harbor – a nearly all-Black town – but grabbed to feed Whirlpool’s greed. Photo: ©DaymonJHartley.com.

Note: We have been following developments in Benton Harbor Michigan since the governor replaced elected leaders several years ago. We have also followed the trial of Rev. Edward Pinkney who was accused of changing the dates on petition signatures, a petition to remove the mayor and have an election. The trial where he was convicted was a farce of justice and the sentencing continued the injustice. The People’s Tribune provides an excerpt of his statement to the judge at sentencing.

Rev. Pinkney has been moved to the north country - please write to him and/or send reading material:

 

Rev. Edward Pinkney

Prisoner # 294671

Marquette Branch Prison

1960 US Highway 41South

Marquette, MI 49855

 

Warden Robert Napel

906-226-6531

Rev. PInkney and his wife Dorothy outside courthouse. PHOTO/SANDY REID, PEOPLE’S TRIBUNE

Civil rights leader Rev. Edward Pinkney sentenced to 2 ½ to 10 years by Berrien County Court

St. Joseph, Mich. – Berrien County Judge Sterling Schrock sentenced the leader of the Black Autonomy Network Community Organization (BANCO), Rev. Edward Pinkney, to 30-120 months in prison based on an all-white jury’s verdict of guilty on five felony counts of forgery. The charges stemmed from a successful recall petition drive against Benton Harbor Mayor James Hightower, who is perceived as a tool of the Whirlpool Corp. and the political power structure in the area.

The judge explained in court, according to ABC News, that Mayor Hightower had suffered psychological distress following the recall. The judge said the mayor’s distress played a role in his sentencing decision.

Supporters of Rev. Pinkney gather outside the courthouse after his sentencing. He is strongly supported in Benton Harbor, loved for his courage in defending the town from extinction at the hands of officials who take orders from Whirlpool and other corporate bosses rather than the people. – Photo: ABC News

 

Pinkney has been a longtime activist in Berrien County, where Benton Harbor is located, and his work in the state of Michigan has drawn national attention. This is the second time in seven years that the BANCO leader has been convicted on charges related to efforts to hold local officials accountable to the people.

Prosecutor Michael Sepic requested a 42-month sentence based on the previous convictions in years prior extending back to the 1980s. Attorney Tat Parish, who defended Pinkney during the highly politicized trial and sentencing, requested that the judge exercise discretion by sentencing the activist to probation.

Over 130 people sent letters to Judge Schrock requesting that he set aside the verdict and release Pinkney. Although the jurist acknowledged the letters, he also sought to minimize their significance.

Attorney Parish stressed that the letters came from notable figures from around the country. “Although these people may hold ideas that we may not agree with, they are good people who say that the community needs Pinkney,” the defense lawyer told the court.

Outside the courtroom, Parish told supporters of Pinkney that he appreciated the role they had played during the difficult trial. “A criminal appeal lawyer, one of the best in the state, will take over the case for the next phase.”

Activists present from various cities were outraged at what they perceived as a total travesty of justice carried out by the local courts. They pointed out that police who have been videotaped killing African Americans were allowed to go free, while Pinkney had been convicted and sentenced to prison without any material evidence.

During the prosecution’s presentation of its case against Pinkney during Octobert and November, there was no eyewitness testimony that would implicate the Berrien County activist in the alleged crimes committed. Even though the prosecutor and judge said the evidence was circumstantial, there were no clear cut motivations articulated which would place Pinkney in a position to change the dates on the recall petitions.

No handwriting experts testified who could determine that it was Pinkney who changed the dates. A series of witnesses called by the prosecution stated unequivocally that they circulated the recall petitions based upon their desire to replace Hightower who opposed a tax measure that would provide corporate resources for the rehabilitation of Benton Harbor in the interests of its poorest residents.

Activists present from various cities were outraged at what they perceived as a total travesty of justice carried out by the local courts. They pointed out that police who have been videotaped killing African Americans were allowed to go free, while Pinkney had been convicted and sentenced to prison without any material evidence.

The courtroom was full with more people lining the hallway during the sentencing hearing, which lasted for over two hours. Armed white Berrien County sheriff deputies stood up during the entire proceeding guarding the doors. And during later portions of the hearing, one of the officers moved to stand behind the prosecutor.

Two other unidentified white men sat next to the prosecutor during the proceedings. After the conclusion of the hearing, Pinkney was placed in handcuffs and taken into detention.

People had traveled to St. Joseph from around the United States. Ralph Poynter of the Lynne Stewart Defense Committee based in New York City was on hand for the sentencing. Delegations were also at the courthouse from Berrien County, Detroit, Ann Arbor, Chicago, Nebraska and East Lansing, among other cities.

Rev. Pinkney addressed the court

Prior to the sentencing, Rev. Pinkney spoke to the court, saying that he was not guilty and “would not admit to something I did not do. I am hurt that this jury convicted me without any evidence.”

Rev. Pinkney listens to the verdict at the close of his trial on Nov. 3. “Election fraud” is a red herring used by the right wing to suppress the votes of Blacks and others they expect to vote against them. Later he told a reporter: “I could not believe they could find me guilty with no evidence at all. What they have done is they have proven the fact that you don’t need evidence to send someone to prison!” – Photo: ABC News

 

Although the judge said that people have a right to seek the recall of a public official, he then turned to sentence the community leader to a lengthy prison term. Later the judge accused Rev. Pinkney of misrepresenting the political situation in Berrien County.  He later turned to prosecutor Sepic, pointing at him, saying, “You know I did not do anything illegal.” Prior to sentencing, Judge Schrock lectured Rev. Pinkney, saying that his sentencing is designed to send a message.

Prior to sentencing, Judge Schrock lectured Rev. Pinkney, saying that his sentencing is designed to send a message.

The area has an extensive history of racism and police repression. Benton Harbor’s African American community faces conditions of poverty, unemployment and police brutality.

BANCO, through its organizing efforts, has exposed the corporate entities in the county in their mad drive to maximize profits at the expense of the most oppressed and exploited within this region of southwestern Michigan. The ominous atmosphere of racism and criminal justice bias permeated the preliminary hearings, the trial and the sentencing phase.

Supporters protest convictions as national struggle escalates

After the hearing concluded, supporters of Pinkney stood and comforted Mrs. Dorothy Pinkney, his wife. When asked outside the courthouse about where her husband would be detained, she said, “I have been told nothing.”

In the parking area, supporters held a prayer vigil, an impromptu press conference and demonstration. People began to chant, “Free Rev. Pinkney.”

“We will continue to march for justice! May justice prevail in the courts. It’s going to take a lot of us. And people need to stop looking from the window of their homes and come out and fight in the streets,” said activist Marcina Cole, according to ABC News, which added that Cole came from Detroit to protest because she believes Rev. Pinkney is innocent.

Soon enough, police cars began to arrive on the scene. Security personnel from inside the courthouse came out and told protesters that they would have to clear the area where cars drove into the county complex to park.

Law enforcement vehicles from the city police force and state police were deployed.

Rev. Pinkney was tried by a white judge, white prosecutor and an all-white jury. In Berrien County, economically and politically dominated by the Whirlpool Corp., the neighboring towns of Benton Harbor, which is nearly all Black, and St. Joseph, which is nearly all white, are not friendly neighbors. – Photo: ABC News

 

Activists and defenders of Pinkney placed the sentencing within the broader context of the racist attacks against African Americans from Ferguson, Missouri, and New York City all the way to California. Since the killing of Michael Brown on Aug. 9, the U.S. has been hit by a continuous wave of anti-racist demonstrations and rebellions.

Since late November and early December, these manifestations have taken an even more mass character, where protesters have drawn the links between police repression, judicial misconduct, the grand jury system and the corporate rule over U.S. cities and suburbs. These demonstrations have closed down streets, shopping malls, highways and low-wage employment centers.

The blatant acts of the capitalist corporations and their agents in government are causing greater political consciousness and intolerance among African Americans and many people of goodwill. In Berrien County and throughout the state of Michigan, majority African American municipalities, including the largest city of Detroit, have been taken over by politicians operating on behalf of the banks and multi-national firms – where fundamental voting rights and due process guarantees have been terminated.

These efforts by the racist power structures in cities, states and at the federal level are taking place without a response from the oppressed and working people. The demonstrations which have drawn hundreds of thousands into the streets across the U.S. will increase in their numbers and militancy.

New alliances and organizations will emerge to provide a consistent and ideologically directed focus to the burgeoning struggle. The racist capitalist system can no longer hide from the penetrating analysis of the growing mass movement against racism and capitalist exploitation.

Developments in Berrien County, Michigan, serve to illustrate the character of the current crisis and the willingness of people to resist this renewed onslaught by the ruling class.

Visit here to see ABC 57 News Video

Abayomi Azikiwe, editor of Pan-African News Wire, where this story first appeared, can be reached at panafnewswire@gmail.com. Pan-African News Wire, the world’s only international daily pan-African news source, is designed to foster intelligent discussion on the affairs of African people throughout the continent and the world.


 

"I am paying a debt to society which I do not owe"

The Berrien County Court system has undermined the respect and confidence of the community in its application of the law and the takeover of the city of Benton Harbor, Michigan.

 

The court system has stolen time from me.  I am paying time with my life, family life, and community.  I’m required to serve a sentence while several issues are being decided in the court — and paying a debt to society that I do not owe.

 

I have already raised substantial issues.  I am entitled to a directed verdict of Not Guilty based on constitutionally insufficient evidence under the Beyond a Reasonable Doubt standard.  I also assert that I am entitled to a directed verdict based on the issue that was resolved in favor of the defendant in People v. Hall (10/23/14). 

 

Under MCL 168.937 and based on due process, statutory construction, and the rule of lenity, a petition circulator cannot be subjected to a felony conviction and penalty when notice and warnings on the petition form, provided by the government, indicate that one may only be subject to a misdemeanor conviction and penalty. 

 

A misdemeanor conviction and penalty may only be imposed under a specific statue, MCL 168.544, specifically proscribed acts of falsifying election petitions.  For this reason, the convictions under MCL 168.937 must be vacated.  Due process also requires this result, as the rule of lenity is mandated by due process.

 

This result is also required by the issue that the jury was not constitutionally adequate, based on the arguments raised in my motion for a new trial relating to juror Gail Freehling concealing information during the jury selection.

 

I am a political prisoner being held in Marquette Prison and I remain in great spirits despite the racist injustice that has landed me here.  This attack on me and on democracy in Benton Harbor shows that Whirlpool is determined to crush anyone who stands in its way.  It is part of a process underway across the US in various forms.  Let’s confront the corporations that are destroying this country.

 

Rev. Edward Pinkney

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