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Berkeley Council Bans Tear Gas, Baton Strikes, Approves Investigation of December Protests

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Two months after Berkeley police injured peaceful protesters with batons, tear gas and projectiles, some 150 activists led by Berkeley High, Berkeley City College and UC Berkeley Black student unions, took the Black Lives Matter message to the streets Tuesday, marching from the Cal Campus to the city council meeting at Old City Hall.

 

The council got the message.

In a series of unanimous votes, the council approved a temporary ban on police use of tear gas, projectiles and over-the-shoulder baton swings for crowd control; asked the Police Review Commission to review both specific tactics used by police at the December protests and general crowd control orders; directed the city manager to write policy for police cameras; and affirmed Berkeley support for national Ferguson Action demands.

“This is what democracy looks like – when the people of Berkeley come out on the streets and demand their elected representatives take action,” said Councilmember Jesse Arreguin, speaking at a rally at Old City Hall before the meeting. Arreguin authored most the policies the council approved later.

Also addressing the rally, Berkeley High senior Kadijah Means talked about “what militarization looks like in our community.”

Kadijah Means, a student from the Berkeley High Black Student Union,  speaks at the rally on Feb. 10 in Berkeley.

Kadijah Means, a student from the Berkeley High Black Student Union, speaks at the rally on Feb. 10 in Berkeley.

“It’s not just about tear gas or AK 47s,” she said. “It’s about militarization as a mind-set. It’s about cops believing we’re not all part of the same community. Because if they thought they were part of the community, we wouldn’t have the unjust deaths that we do.”

Inside the council chambers, several dozen speakers lined up to urge council approval of measures to hold police accountable for their actions at the December demonstrations protesting police immunity in the deaths of Michael Brown in Ferguson and Eric Garner in New York.

“‘I found myself, a Black woman, targeted by officers,’” said Associated Students of the University of California Senator Madison Gordon, reading a letter from an unnamed friend.

“‘I found myself bearing the brunt of a beating of a baton across my chest and torso…I was gassed and fell to the ground coughing…The system that promised to protect me, had failed me so horribly and for what? A peaceful demonstration to display my discontent for this system that continues to display violence and criminal acts on my people every day.’”

Andrea Pritchett from Copwatch said she had requested police operational plans for the demonstrations, but much of the response was blacked out.

“The police department is saying they redacted certain parts of the plan for security procedures,” Pritchett said. “They contain ‘intelligence information.’ My friends, that’s what a militarized police department does.”

Chamber of Commerce CEO Poly Armstrong, one of three speakers urging opposition to the measures, asked the council not to take crowd control tools away from police were they faced with another “civic uproar.”

“As the voice for business in Berkeley, Berkeley businesses would feel extremely uncertain if there were no way for police to protect the people of Berkeley and their businesses downtown,” she said.

The police chief was absent, though he generally attends council meetings when police matters are discussed. City Manager Christine Daniel told the Post he wasn’t asked to attend because he wasn’t required to give a report.

A police spokesperson told this reporter in December that aggressive police tactics responded appropriately to protesters, some of whom had thrown objects such as bottles at police. However, one public speaker called this “collective punishment.”

A unanimous council approved asking the city manager to write a plan within three months for implementation of police body and vehicle cameras, although some public speakers had expressed skepticism. In a recent Emeryville police shooting, the officer’s body camera was off and in the case of Eric Garner, the police officer who choked him was not indicted even though the choking was caught on camera.

The council unanimously affirmed the Ferguson demands that include strict limits on transfer of military equipment to local law enforcement and repurposing funds for alternatives to incarceration.

The council unanimously approved the Police Review Commission conducting an independent review of the December protests and a general review of related crowd control policies, with councilmembers underscoring the PRC needs to use its power to subpoena documents and testimony.

And the council approved the interim ban – to be re-evaluated after the independent review – on police use of tear gas, projectiles and certain baton strikes when dealing with mostly peaceful protesters.

Addressing the young people at the meeting, Councilmember Max Anderson said, “You’re part of a struggle along a continuum. You’re part of an effort to ensure the basic principles of this country are upheld.

“We’ve arrived at a point where an inordinate amount of power resides with the police department and their representatives; we arrived at this because we believed they would always have our best interests to protect and serve the general public. That hasn’t borne itself out. And you’re response is appropriate, courageous and has to be ongoing.”

 

Activism

The Case Against Probate: False Ruling Invalidates Black Professor’s Estate Plan, Ignoring 28-Year Relationship

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.” 

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Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.
Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.

By Tanya Dennis

Part 5                         

In a shocking miscarriage of justice, a California probate judge issued a Statement of Decision on March 28 riddled with numerous documented errors that invalidated the estate plan of esteemed Black Studies professor Dr. Laura Dean Head.

The ruling from the Alameda County Superior Court’s probate division in Berkeley has sparked outrage from advocates for probate reform, community members and civil rights activists, who say the decision reflects deep flaws in the probate system, blatant disregard for due process, and the wishes of the ancestors. Judge Sandra Bean’s ruling reflects a repeated outcome seen in Black and Brown communities.

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.”

Reading court transcripts, the most egregious violations according to Jendayi reveal a pivotal point in the ruling that rested on a letter from Dr. Stephan Sarafian of Kaiser Permanente, who misidentified Dr. Head as male, misstated the day, month, and year, and asserted Head lacked capacity.

Under cross-examination, he reversed his opinion and admitted under oath that he never conducted a mental evaluation, did not diagnose Dr. Head with incapacity, did not write the letter, and stated he merely signed it “in case it was needed in the future.”

Despite Sarafian’s perjury, on Oct. 17, 2024, the California Court of Appeal upheld the lower court decision that relied on Sarafian’s discredited letter to invalidate Dr. Head’s estate plan, ignored Jendayi’s requests to impeach his testimony and dismiss Sarafian’s testimony and letter that both the Kaiser Grievance Department and the Medical Board of California denounced.

In her ruling, Judge Bean agreed with the false argument by attorney Leahy, which alleged that Jendayi provided the names of the beneficiaries to Head’s estate attorney, Elaine Lee. Bean made this decision despite Lee’s sworn testimony that Dr. Head had met with her alone, behind closed doors, and made the independent decision to leave her estate to Jendayi.

According to court records, Judge Bean reversed the burden of proof in the undue influence claim before any of Jendayi’s witnesses testified, forcing Jendayi to disprove allegations that were never substantiated by witnesses or records.

Bean ruled: “Respondent took Dr. Head to her apartment where she assumed complete control of Dr. Head’s day-to-day care, medical care, and all aspects of her life.” Jendayi proved that statement was false.

Bean also ruled that Respondent controlled Dr. Head’s necessities of life, food, and hospice care, despite zero testimony or documentation supporting any of those claims.

The court reduced Jendayi’s role to “a friend who, at best, cared for Dr. Head during the final two months,” totally ignoring 28 years of friendship, testimony, evidence, letters of recommendation, emails, and medical records.

Exhibits confirming Dr. Head’s intent and capacity, including the discredited medical letter, Exhibit 90, were omitted or misrepresented in the judge’s final decision.

Jendayi says, “The injustice within the probate justice system is devastating, traumatizing and financially depleting. It’s nothing short of legalized crime!”

Jendayi is now appealing to the Supreme Court of the U.S. with a petition citing denial of due process, judicial misconduct, and systemic bias in probate courts.

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Bay Area

Progressive Missionary Baptist Church of Berkeley Celebrates 90th Anniversary

Dr. Earl C. Stuckey, Sr., who has served as Progressive Missionary’s pastor since September 1977, said the church also delights in the fact that it has hosted only five pastors in its 90-year history, including Pastors James E. Moore, H. A. Green, F. Douglas Farrell, and Edward Stovall, who served for 37 years.

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Progressive Missionary Baptist Poster. Dr. Earl C. Stuckey, Sr., Pastor of Progressive Missionary Baptist Church in Berkeley with his wife, Kay Frances Stuckey.
Progressive Missionary Baptist Poster. Dr. Earl C. Stuckey, Sr., Pastor of Progressive Missionary Baptist Church in Berkeley with his wife, Kay Frances Stuckey.

By Oakland Post Staff

The Progressive Missionary Baptist Church of Berkeley is celebrating its 90th church anniversary on Sunday, May 18 at 10 a.m. at 3301 King Street in Berkeley.

Dr. Earl C. Stuckey, Sr., who has served as Progressive Missionary’s pastor since September 1977, said the church also delights in the fact that it has hosted only five pastors in its 90-year history, including Pastors James E. Moore, H. A. Green, F. Douglas Farrell, and Edward Stovall, who served for 37 years.

The celebration will feature Pastor Darnell Manuel of the Union Baptist Church in Vallejo as guest speaker, along with many other special presentations.

Those who wish to share in Progressive’s history can purchase a 100-page full-colored souvenir book for $25.

The church boasts a number of notable people who either regularly attended or became members of the church since its inception, including former Alameda County Supervisor Keith Carson, Oakland mayoral candidate Loren Taylor, and one of the organizers of the Gospel Music Workshop of America, Helen J. H. Stephens.

Pastor Stuckey often remarks how longevity flourishes at the church — it boasts 13 centenarians (people who have reached 100 years or more). Currently, it has one centenarian who is still surviving, Mrs. Dorothy Chambers, and 14 members who have reached 90 years or more.

Recently, on Feb.17, the pastor and his wife Kay Frances, celebrated their 73rd wedding anniversary.

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Activism

Faces Around the Bay: Author Karen Lewis Took the ‘Detour to Straight Street’

“My life has been a roller-coaster with an unlimited ride wristband! I was raised in Berkeley during the time of Ron Dellums, the Black Panthers, and People’s Park. I was a Hippie kid, my Auntie cut off all our hair so we could wear  the natural styles like her and Angela Davis.

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Karen Lewis. Courtesy photo.
Karen Lewis. Courtesy photo.

By Barbara Fluhrer

I met Karen Lewis on a park bench in Berkeley. She wrote her story on the spot.

“My life has been a roller-coaster with an unlimited ride wristband! I was raised in Berkeley during the time of Ron Dellums, the Black Panthers, and People’s Park. I was a Hippie kid, my Auntie cut off all our hair so we could wear  the natural styles like her and Angela Davis.

I got married young, then ended up getting divorced, raising two boys into men. After my divorce, I had a stroke that left me blind and paralyzed. I was homeless, lost in a fog with blurred vision.

Jesus healed me! I now have two beautiful grandkids. At 61, this age and this stage, I am finally free indeed. Our Lord Jesus Christ saved my soul. I now know how to be still. I lay at his feet. I surrender and just rest. My life and every step on my path have already been ordered. So, I have learned in this life…it’s nice to be nice. No stressing,  just blessings. Pray for the best and deal with the rest.

Nobody is perfect, so forgive quickly and love easily!”

Lewis’ book “Detour to Straight Street” is available on Amazon.

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