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Judge Halts Missouri Execution, Decision Quickly Appealed

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In the Feb. 10, 2014 photo provided by the Missouri Department of Corrections is Andre Cole. Cole, 52, is scheduled to die for killing a man in 1998 in a fit of anger over having to pay child support. (Missouri Department of Corrections via AP)

In the Feb. 10, 2014 photo provided by the Missouri Department of Corrections is Andre Cole. Cole, 52, is scheduled to die for killing a man in 1998 in a fit of anger over having to pay child support. (Missouri Department of Corrections via AP)

JIM SALTER, Associated Press

ST. LOUIS (AP) — A district judge agreed to halt the lethal injection of a Missouri death row inmate, but the decision was quickly appealed to a federal appeals court just hours ahead of the execution scheduled for Tuesday evening.

Andre Cole, 52, was sentenced to death for fatally stabbing a man in St. Louis County in a fit of anger over having to pay child support in 1998. His execution is scheduled for 6 p.m. CDT.

Although similar arguments were rejected by the Missouri Supreme Court last week, U.S. District Judge Catherine Perry ruled late Monday that Cole should not be executed because of mental illness.

“He hears voices over the TV, over the prison intercom, everywhere,” Cole’s attorney, Joseph Luby, told The Associated Press. He said Cole believes that Gov. Jay Nixon, prosecutors and others “are giving him messages about his case.”

But the Missouri Attorney General’s Office quickly appealed to the 8th U.S. Circuit Court of Appeals, arguing there was no legal reason for the judge to overturn the Missouri Supreme Court ruling that allowed the execution to proceed.

Regardless of the appellate court’s ruling, the case will likely be appealed to the U.S. Supreme Court. Cole’s attorneys have already asked the high court to stop the execution based in part on concerns over Missouri’s execution drug, which was purchased from a compounding pharmacy that the state refuses to identify.

Several outside groups, including the NAACP and the American Civil Liberties Union, are pushing Nixon to stop the execution and appoint a board to examine concerns that there is racial bias in Missouri’s jury selection process. Cole, who is black, was convicted and sentenced by an all-white jury.

“The criminal justice system in this country is unfair,” said Jeffrey Mittman, executive director of the ACLU in St. Louis. “It targets persons of color. It treats the African-American community differently.”

Nixon’s spokesman said the clemency petition was under review.

Cole’s brother said the crime was out of character, a sudden act of passion that doesn’t merit the death penalty.

“It was a one-time thing,” said DeAngelo Cole, 38, of Las Vegas. “He didn’t have a history of that kind of behavior.”

Cole and his wife, Terri, divorced in 1995. The couple had two children and fought about visitation. Evidence showed that Andre Cole was upset that the government had ordered $3,000 in unpaid child support to be taken from his wages over the course of several paychecks.

The first deduction appeared on his paycheck dated Aug. 21, 1998. Hours later, Cole forced his way into his ex-wife’s home and was confronted by Anthony Curtis, who was visiting. Andre Cole stabbed Curtis and Terri Cole repeatedly. Curtis died, while Terri Cole survived.

Andre Cole fled the state but surrendered 33 days later. He claimed at trial that he did not bring a weapon into Terri Cole’s house and that Curtis initiated the attack with a knife.

St. Louis County prosecutors removed three black potential jurors from the pool of candidates, according to Cole’s supporters. Mittman said one black man was removed because he was divorced, but a white juror was not removed even though he was paying child support.

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

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Community

Financial Assistance Bill for Descendants of Enslaved Persons to Help Them Purchase, Own, or Maintain a Home

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento. Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

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Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel
Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento.

Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

The Senate Housing Committee advanced the bill with an 8-1 vote. It will be re-referred to the Appropriations Committee for consideration.

Sen. Kelly Seyarto (R-Murrieta) was the only member who voted against the bill.

“SB 1007 is about starting a long process of paying back a debt that is not only owed, but that was also promised, and is 160 years overdue, to African Americans,” Bradford told the committee chaired by Sen. Nancy Skinner (D-Berkeley). “It is the first step in closing the wealth and equity gap created by centuries of slavery and racial discrimination policies.”

The bill aligns with one of the 115 recommendations listed in a two-year study conducted by the California reparations task force, of which Bradford was one of nine members.

Bradford said the report reveals that, in the state of California, a typical Black-owned home is 22% less valuable than a White-owned home.

Various advocacy groups from around the state attended the hearing held at the State Capitol Annex Swing Space. The California Housing Partnership, Bay Area Regional Health and Inequities Initiative, Coalition for A Just and Equitable California, Disability Rights of California, the American Civil Liberties Union of California, and California Community Builders all voiced their support of the bill.

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