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Ferguson News Guide: No Charges Expected for Policeman

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FILE - In this Nov. 25, 2014 file photo, police officers watch protesters as smoke fills the streets in Ferguson, Mo. after a grand jury's decision in the fatal shooting of Michael Brown. Six months after 18-year-old Michael Brown died in the street in Ferguson, Missouri, the Justice Department is close to announcing its findings in the racially charged police shooting that launched "hands up, don't shoot" protests across the nation. (AP Photo/Charlie Riedel, File)

In this Nov. 25, 2014 file photo, police officers watch protesters as smoke fills the streets in Ferguson, Mo. after a grand jury’s decision in the fatal shooting of Michael Brown. Six months after 18-year-old Michael Brown died in the street in Ferguson, Missouri, the Justice Department is close to announcing its findings in the racially charged police shooting that launched “hands up, don’t shoot” protests across the nation. (AP Photo/Charlie Riedel, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — The federal investigation of the police shooting in Ferguson, Missouri, is expected to allege patterns of racial bias in the city’s mostly white department. But the probe, nearing release, is likely to stop short of charging the officer whose shooting of an unarmed 18-year-old touched off weeks of protests.

The Aug. 9 shooting of Michael Brown led to two separate federal investigations: one looking at whether criminal charges should be brought against Darren Wilson, the white officer who shot the black teenager, and the other a broader examination of the city’s police department.

The results are expected to be made public in the coming days as Attorney General Eric Holder, who has made civil rights a cornerstone of his six-year tenure, prepares to leave the Justice Department.

Here’s a look at where things stand:

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THE FERGUSON POLICE DEPARTMENT

Holder has repeatedly signaled that federal officials have identified problems with the Ferguson Police Department. He’s said the agency was in need of “wholesale change” and that “deep mistrust” had taken hold between law enforcement and members of the community.

The federal investigation is focused on police use of force as well as stops, searches and arrests of suspects and the treatment of inmates at the city jail.

One sign of concern was a 2013 report by the Missouri attorney general’s office that found police were far more likely to stop and search black drivers than white motorists, though they were less likely to find contraband among the black drivers.

The Justice Department has undertaken roughly 20 similar investigations nationwide under Holder’s tenure, usually for allegations including patterns of excessive force and discrimination.

These investigations usually turn up substantial problems, and the Ferguson probe is expected to be no different.

The Newark, New Jersey, police department consented to an independent monitor last year after a federal report found officers used excessive force, routinely stopped people on the street without legitimate reason and stole property from civilians. The city of Cleveland is currently in negotiations with the Justice Department following a scathing report that found problems with record-keeping, accountability and the way use-of-force incidents are investigated.

Most such cases end with police departments committing to make changes, though the Justice Department can take cities to court if they don’t commit to reforms.

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THE POLICE OFFICER

The Justice Department is not expected to criminally charge Wilson.

To bring such a case, federal authorities would need to show that Wilson — who was cleared by a state grand jury in November — willfully deprived Brown of his civil rights by knowingly using more force than the law allowed.

That’s historically a heavy burden for prosecutors, particularly in shootings that occur during fast-unfolding encounters in which a police officer can reasonably claim that deadly force was needed to stop an imminent threat.

Wilson told a state grand jury that he feared for his life during the confrontation, which began after he directed Brown and a friend who were walking in the street to move to the sidewalk.

During a struggle, Wilson said Brown reached inside the driver’s-side window of his patrol car, struck him in the face and reached for his service weapon. Brown ran, and Wilson said he shot at him after the teenager charged at him. Some witnesses said Brown never posed a threat and was standing with his hands up before he was shot.

A grand jury cleared Wilson of wrongdoing, and he resigned days later.

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BEYOND FERGUSON

The shooting touched off weeks of “hands up, don’t shoot” protests in the streets of Ferguson and other cities. Along with the police chokehold death of a New York City man suspected of selling untaxed cigarettes and the December killings of two New York police officers, the Ferguson case became part of a national conversation about race and policing.

The Missouri shooting and its aftermath also focused attention on how police departments use military surplus equipment and on whether more training is needed to help officers de-escalate situations. It accelerated a push for the use of body cameras by police departments nationwide and led to brainstorming discussions about how to build trust between officers and their communities.

President Barack Obama said Monday at the White House that the deaths of Brown and of Eric Garner in New York City exposed “deep rooted frustration in many communities of color around the need for fair and just law enforcement.” He spoke of a need for more cooperation, and a task force that he appointed is recommending more police training and better data collection on deadly force.

Holder, too, has called for more complete record keeping, including how often officers are themselves shot at.

FBI Director James Comey, in a blunt speech last month on race and law enforcement, said police officers may be informed by unconscious biases. He said, “We must better understand the people we serve and protect, by trying to know deep in our gut what it feels like to be a law-abiding young black man walking down the street and encountering law enforcement.”

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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