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Advocates Hope Obama’s Clemencies will Pave Way for Other Releases

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President Barack Obama delivers remarks at the Department of Homeland Security on his FY2016 budget proposal, on Monday, Feb. 2, 2015, in Washington.  Obama warned congressional Republicans Monday that he won't accept a spending plan that boosts national security at the expense of domestic programs for the middle class. (AP Photo/Evan Vucci)

President Obama has granted 43 commutations, compared to President George W. Bush who only commuted 11 sentences during his two terms in the White House. (AP FILE PHOTO/Evan Vucci)

 

By Freddie Allen
NNPA Senior Washington Correspondent

WASHINGTON (NNPA) – Prisoners’ advocate groups hope President Barack Obama’s decision to grant clemency to nearly two dozen, non-violent drug offenders is just the beginning of a wave of future commutations that would disproportionately impact African Americans held in federal prisons.

“For some years we have needed reform in our criminal justice system,” said Cynthia Roseberry, project manager for the Clemency Project 2014, a network of lawyers and prisoners’ advocates that assist federal prisoners seeking sentence reductions. “This move by the president is one way to fix some of these draconian sentences that were handed down and not corrected through retroactive application of new law and new guidelines.”

In 2014, the Department of Justice announced a new clemency initiative designed to improve the perception of the criminal justice system and promote parity in sentencing. The Justice Department will use six criteria as they prioritize which clemency applications to review. Applicants have to meet the following requirements:

• They are currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense(s) today;
• They are non-violent, low-level offenders without significant ties to large scale criminal organizations, gangs or cartels;
• They have served at least 10 years of their prison sentence;
• They do not have a significant criminal history;
• They have demonstrated good conduct in prison; and
• They have no history of violence prior to or during their current term of imprisonment.

According to The Sentencing Project, a research group that advocates for criminal justice reform, nearly half of the inmates in federal prisons were convicted of drug crimes.

In an issue brief on the drivers of growth in the prison population, researchers with the Urban Institute, an independent research and policy think tank, reported that, “The biggest driver of growth in the prison population is in federally sentenced drug offenders, almost all of whom were convicted of drug trafficking.”

The report continued: “Incarceration for drug offenses disproportionately affects nonwhite offenders: in FY 2013, over 75 percent of all drug offenders in federal prison were Black or Hispanic.”

Julie Stewart, president and founder of Families Against Mandatory Minimums (FAMM), a nonprofit, nonpartisan group that advocates for reforms to sentencing laws that protect public safety, said that she was thrilled that President Obama was making good on his promise to provide relief for federal prisoners serving excessively long mandatory minimum sentences.

Donel Marcel Clark, a member of FAMM who received clemency last week, had already served more than 20 years of a 30-year prison sentence, “for participating in a nonviolent drug conspiracy, his first and only offense, during a time when his family was facing financial hardship,” FAMM officials noted in a press release.

The release continued: “During his time in prison, Donel has maintained a perfect disciplinary record, earned outstanding work reviews, taken numerous classes, and worked to maintain strong relationships with his children.”
In a letter to Terry Barnes, another one of the prisoner’s granted clemency last week, President Obama wrote that the power to grant pardons and commutations embodies the basic belief in our democracy, that people deserve a second chance after having made a mistake in their lives that led to a conviction under our laws. The president also reminded Barnes that he had the capacity to make good choices, even in the face of self-doubt and people that question whether or not he can change.

By making good choices, the president said, Barnes would not only affect his life and those closest to him, but also the possibility that others in his circumstance could get the same second chance that Barnes’ received.
“We hope and expect to see more commutations granted through the end of his term,” said Stewart.

Neil Eggleston, the assistant and counsel to the president, wrote in a blog post that President Obama was building on his commitment to address instances of unfairness in sentencing, Eggleston wrote that President Obama has granted 43 commutations, compared to President George W. Bush who only commuted 11 sentences during his two terms in the White House.

Roseberry said that if you look back at history, there haven’t been many other presidents to grant clemency in this way, noting that the president’s most recent order more than doubled the number of sentences that he had commuted earlier during his tenure as president.

“This is historic,” she added. “By doing this the president has restored hope to so many people and their families who never thought that they would be able to sit down for a meal with each other again, or to embrace each other again, or to re-enter society as a family again. That hope is priceless.”

President Obama granted the following individuals clemency last week:
• Terry Andre Barnes – East Moline, Ill.
Offense: Conspiracy to distribute cocaine base; supervised release violation (distribution of cocaine base) (Southern District of Iowa)
Sentence: 246 months’ imprisonment; 10 years’ supervised release (July 25, 2005)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Theresa Brown – Pompano Beach, Fla.
Offense: Conspiracy to distribute crack cocaine (Southern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Mar. 29, 1995)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Donel Marcus Clark – Dallas, Texas
Offense: Conspiracy; use of a communication facility (five counts); distribution and/or possession of cocaine or manufacturing in or near a school facility, aiding and abetting (Northern District of Texas)
Sentence: 420 months’ imprisonment; four years’ supervised release (Nov. 12, 1993); amended to 360 months’ imprisonment (August 20, 2008)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Ricky Bernard Coggins – Tallahassee, Fla.
Offense: Conspiracy to possess with intent to distribute cocaine base (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (May 3, 1993)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Samuel Pasqual Edmondson – Junction City, Kansas
Offense: Conspiracy to possess methamphetamine with intent to distribute; possession with intent to distribute methamphetamine (Eastern District of Texas)
Sentence: Life imprisonment; 10 years’ supervised release (Sep. 24, 1997)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Amado Garcia – Fresno, Calif.
Offense: Conspiracy to possess with the intent to distribute methamphetamine; aiding and abetting the possession of methamphetamine; aiding and abetting the possession of heroin (District of Wyoming)
Sentence: 240 months’ imprisonment; 10 years’ supervised release; $2,000 fine (Nov. 29, 2001)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Dwight Anthony Goddard – Decatur, Ga.
Offense: Possession with intent to distribute cocaine base (Middle District of Georgia)
Sentence: 235 months’ imprisonment; five years’ supervised release (Feb. 7, 2002)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Lionel Ray Hairston – Ridgeway, Va.
Offense: Distribution of cocaine base (three counts) (Western District of Virginia)
Sentence: 262 months’ imprisonment; eight years’ supervised release (May 27, 1999)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Francis Darrell Hayden – Loretto, Ky.
Offense: Conspiracy to possess with intent to distribute 1,000 or more marijuana plants or 1,000 or more kilograms of marijuana; manufacture of 1,000 or more marijuana plants (Eastern District of Michigan)
Sentence: Life imprisonment; 10 years’ supervised release (Apr. 2, 2002)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Harold Kenneth Herring – Havana, Fla.
Offense: Possession of a firearm by a convicted felon; possession with intent to distribute cocaine base (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Jan. 22, 1998)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Tommie Lee Hollingshed – Memphis, Tenn.
Offense: Distribution of a controlled substance (two counts) (Western District of Tennessee)
Sentence: 324 months’ imprisonment; four years’ supervised release (May 1, 1996)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Derrick DeWayne Johnson – Birmingham, Ala.
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine (Northern District of Alabama)
Sentence: 360 months’ imprisonment; four years’ supervised release (Nov. 18, 1998)
Commutation Grant: Prison sentence commuted to a term of 262 months.
• Robert Martinez-Gil – San Antonio, Texas
Offense: Conspiracy to possess with intent to distribute cocaine and heroin (Western District of Texas)
Sentence: Life imprisonment (July 9, 1992)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• David Navejar – Brooksville, Fla.
Offense: Conspiracy to distribute and to possess with intent to distribute 500 grams or more of methamphetamine (Middle District of Florida)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jan. 27, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Rudolph Norris – Washington, D.C.
Offense: Unlawful distribution of cocaine base; unlawful possession with intent to distribute five grams or more of cocaine base (District of Columbia)
Sentence: 360 months’ imprisonment; eight years’ supervised release (Apr. 5, 1993)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Tracy Lynn Petty – Shelby, N.C.
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base (Western District of North Carolina)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Mar. 30, 2006); amended to 204 months’ imprisonment (February 25, 2008)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Luis Razo – Davenport, Iowa
Offense: Conspiracy to distribute cocaine (Southern District of Iowa)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jan. 3, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Antwon Rogers – Cleveland, Ohio
Offense: Conspiracy to possess with intent to distribute 139.8 grams of cocaine base (Northern District of Ohio)
Sentence: Life imprisonment; 10 years’ supervised release (Jan. 30, 1995)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Herman Rosenboro –Kingsport, Tenn.
Offense: Conspiracy to distribute and possess with the intent to distribute over five kilograms of cocaine and over 50 grams of cocaine base; distribution of a quantity of cocaine base (two counts); distribution of a quantity of cocaine (two counts) (Eastern District of Tennessee)
Sentence: Life imprisonment; six years’ supervised release (Dec. 3, 2001)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Lawrence Elmo Scott – Lynchburg, Va.
Offense: Distribution of crack cocaine within 1,000 feet of a school (Western District of Virginia)
Sentence: 283 months’ imprisonment; six years’ supervised release; $4,000 fine (Apr. 8, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Levar V. Wade – Chicago, Ill
Offense: Possession of 50 or more grams of crack cocaine with intent to distribute (Central District of Illinois)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 28, 2004)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.
• Eugene Winters – Cedar Rapids, Iowa
Offense: Conspiracy to distribute cocaine base (Southern District of Iowa)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Feb. 23, 2005)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

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Business

OPINION: 57,000 Empty Apartments and Not a Word of Apology – City Limits

BLACKPRESSUSA NEWSWIRE — “Short-term rental income was, for many of these families, not a luxury. It was the margin between keeping the house and losing it. Local Law 18 closed that door, and the people who closed it are now waving away 57,000 empty apartments as statistical noise.”

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OPINION: 57,000 Empty Apartments and Not a Word of Apology - City Limits

Every indicator in New York City’s housing market is pointing in the wrong direction.

Rents are at historic highs. Foreclosure notices are climbing in Black and brown neighborhoods that never fully recovered from the last crisis. Deed theft, the predatory stripping of generational wealth from families who built their equity over decades, continues to devastate communities from Brownsville to Jamaica.

On top of all these factors, there were more than 57,000 rent-stabilized apartments sitting completely empty as of April last year. That number grew by 8,000 units in a single year, with the sharpest increases hitting Brooklyn and Queens hardest.

Brooklyn and Queens. My neighborhoods. Your neighborhoods.

You would think that news of 57,000 empty affordable apartments in the middle of a housing emergency would produce outrage, emergency hearings, and demands for accountability. Instead, New Yorkers got a collective shrug from opinion leaders.

Read that again: 57,000 families could be housed in those apartments. Households currently paying market rent, doubled up, couch-surfing, or one missed paycheck away from the street could have relief. And silence from the city’s housing leadership, activists, and coalitions.

In my experience as chair of the Subcommittee on Affordable Housing in the Assembly, that is not advocacy. That is surrender.

These are the same voices, the same institutions, the same political class that successfully lobbied to effectively ban short-term rentals in New York City through Local Law 18. At its peak, Airbnb had roughly 20,000 listings in New York City, nearly a third the number of apartments currently sitting vacant and padlocked in the rent-stabilized system. The campaign against those listings was relentless, loud, and wrapped in the language of affordability and housing justice.

Where is that energy now?

Where are the press conferences about landlords warehousing stabilized units while families sleep in shelters? Where is the legislation with teeth? Where is the outrage that was apparently plentiful when a Black homeowner in Bed Stuy wanted to rent out her spare bedroom to make ends meet?

Because that is exactly who Local Law 18 hit hardest. Not the corporate bad actors. Not the hedge funds. The struggling homeowner, disproportionately Black, disproportionately in Brooklyn and Queens, who used their home as a small economic engine to survive in a city that grows more expensive by the month.

Those families were told their activity was destabilizing the housing market. Those families were fined, delisted, and legislated out of a livelihood. And now we learn that 57,000 stabilized units are sitting empty while rents spiral and foreclosures mount, and the response from housing advocates is essentially: that’s just how big numbers work.

This is not sound policy. This is politics. And the communities paying the price know the difference.

I have spoken with homeowners across Central Brooklyn who are barely holding on. They bought their homes, sometimes one generation removed from the Great Migration, and they have watched the equity they built become both their greatest asset and their greatest vulnerability. Predatory lenders, deed theft schemes, and rising property taxes all circle that equity like wolves.

Short-term rental income was, for many of these families, not a luxury. It was the margin between keeping the house and losing it. Local Law 18 closed that door, and the people who closed it are now waving away 57,000 empty apartments as statistical noise.

Everyone in this fight knows what needs to happen but will not say it out loud: Local Law 18 needs reform. Common sense reform. The kind that distinguishes between an investor running a ghost hotel and a homeowner renting a room. The kind that actually targets bad actors instead of penalizing the most economically vulnerable property owners in the city.

I hear it in private conversations with elected officials, with housing attorneys, with planners. The consensus is there. The political will is not, because the same advocacy groups and political donors who pushed the original law are still in the room, and nobody wants to take their call.

What this moment requires is courage, not calculation.

Every month that passes with 57,000 empty stabilized apartments is a month of families in crisis, of shelter costs ballooning, of neighborhoods destabilizing. Every month that Local Law 18 remains unreformed is another month a Black homeowner in Flatbush or Hollis faces impossible choices that wealthier New Yorkers simply never have to make.

You cannot ban the small and ignore the large. You cannot mobilize armies of lobbyists against a homeowner’s spare bedroom while shrugging at tens of thousands of warehoused affordable units. You cannot claim to stand for housing justice and then tell 57,000 families worth of empty apartments that the math just works out this way.

The hypocrisy has to stop. Politics have to give way to people. And the officials and advocates who have the power to fix this, who know what needs to be done, have to decide which side they are actually on.

Because from where I stand, in the communities I have served for decades, it is very clear who is being left out in the cold.

Dr. Annette Robinson is a former member of both the State Assembly and City Council in Brooklyn.



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Black History

Oakland Protesters Rally to Defend Haitian Immigrants and TPS

The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated, or detained at Guantanamo Bay.

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Activists Gerald Smith and Romaine Charite at 14th and Broadway in downtown Oakland near City Hall protest in support of Haitian immigrant rights. Photo by Carla Thomas

Protesters gathered in downtown Oakland near City Hall at 14th Street and Broadway on Thursday, Aug. 13, calling for protections for Haitian immigrants and an end to deportation policies affecting Haitian communities across the United States.

Organized as a call to action by the Legalization for All Network and supported by the Haiti Action Committee and other community organizations, the demonstration carried a clear message: Defend TPS! Legalization, Not Deportation!”

Participants focused attention on the termination of Temporary Protected Status, or TPS, for Haiti and immigration policies protesters described as continuing attacks on Haitian immigrants under the Trump administration.

Haitian Romaine Charite of the Freedom Road Socialist Organization urged demonstrators to stand with Haitian families and led chants:

“When Haitians are under attack, what do we do? We fight back.”

Injustice to one is an injustice to us all.”

“Dump Trump!”

Charite and other protesters condemned the federal government’s treatment of Haitian immigrants, describing the policies as an attack on a population already facing extraordinary hardship.

Haiti’s TPS designation was terminated effective July 27, 2026, removing temporary deportation protections and work authorization for hundreds of thousands of Haitian beneficiaries who lacked another legal basis to remain in the United States.

Gerald Smith, a protester and former member of the Black Panther Party during the 1970s, said Haitians were being unfairly targeted and warned that ending TPS would have a devastating impact on Haitian families and communities.

“These policies are racially motivated and unfair,” Smith said. “Everyone deserves the right to self-determination and protection from persecution.”

The Haiti Action Committee cited the continuing political, economic and humanitarian crisis in Haiti as evidence that returning large numbers of immigrants to the country could place already vulnerable people at greater risk.

The Oakland gathering, which drew about 20 participants, reflected a decades-long history of Bay Area activism surrounding Haitian democracy, refugee rights and U.S. immigration policy.

The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated or detained at Guantanamo Bay.

Those policies sparked protests involving Haitian communities, Black activists, artists, college students, churches, labor organizations and human rights advocates. Prominent figures, including dancer and activist Katherine Dunham, tennis champion Arthur Ashe, and TransAfrica leader Randall Robinson, joined campaigns challenging the treatment of Haitian refugees.

In 1992, Haiti Action Committee joined other Bay Area organizations in a dramatic demonstration on San Francisco Bay. Boats carrying Haitian participants were intercepted by the U.S. Coast Guard while supporters gathered along the waterfront and reportedly chanted, “Let Them Land!”

More than three decades later, protesters have returned to the streets of Oakland, centering on protecting Haitian immigrants, opposing deportation and pressing for immigration policies that provide families with a pathway toward permanent legal residency.

For more information, visit Haitisolidarity.net.

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Community

First 5 Alameda County Celebrates First Year of Measure C’s Implementation

Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.

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Alameda County Supervisor Nikki Fortunato Bas (left) with Community Advisory Councilmember and childcare provider Nancy Harvey. Photo by Carla Thomas.

First 5 Alameda County marked the first anniversary of the impact of Measure C with a community celebration Friday, Aug. 7, at Children’s Fairyland in Oakland, highlighting more than $135 million invested to strengthen early childhood education, families and caregivers across Alameda County.

The celebration brought together families, educators, caregivers, advocates, elected officials and community leaders for an evening of music, cultural performances, and children’s activities. 

“Oakland is on the move,” said Oakland Mayor Barbara Lee, commending all the advocates who helped win the victory for early childhood education and their providers.

Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.

First 5 Alameda County CEO Kristin Spanos said, “In the first 10 months of Measure C being available after the Board of Supervisors adopted the 5-year plan, we’ve had over $135 million put directly into the community supporting children and providers with emergency grants, investments, and stipends.”

First 5 Alameda County, the public agency responsible for administering Measure C, focused on quickly moving voter-approved dollars into local communities while developing partnerships, accountability measures, and infrastructure intended to create long-term impact.

Alameda County District 5 Supervisor Nikki Fortunato Bas: “We’re celebrating the first year of getting money into families’ pockets and childcare providers’ pockets. This is about deploying very vital resources over the course of five years. It’s a billion-dollar impact.”

Community Advisory Council member Nancy Harvey said, “We are totally excited. It was a 10-year fight, and we fought tooth and nail. We had so much support from County Supervisors Nate Miley and Nikki Fortunato Bas, the unions, and the late Supervisor Wilma Chan. This is a historic event – people are watching Measure C all over the nation.” 

Harvey explained that small childcare providers received a $40,000 grant, and larger providers received a $50,000 grant. 

Childcare advocate and provider Lisa Zarodney of Livermore said, “When I got my emergency funds, I was about to close. The stipend allowed me to continue through 2026 and get all the babies on my wait list.” 

In business for 27 years, Zarodney said she is now caring for the children of past clients. 

“I couldn’t continue my legacy, my dream, and my passion without the funding from Measure C.”

Harvey emphasized that he next leg of the fight is to ensure workers have a sustainable wage. 

“We are now pushing to raise the wage of workers to $25 to keep doors open and people employed,” she said.

First 5 Alameda County’s vision is to build an integrated and equity-centered early childhood system supporting children, families, and communities regardless of race, income, or neighborhood. As administrator of Measure C, the agency has worked to expand access to early care and education, strengthen family stability, and support the providers and caregivers families rely upon.

Through Measure C and partnerships with initiatives including the Oakland Children’s Initiative, First 5 Alameda County has sought to reduce fragmented services and better coordinate public resources.

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