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Justices Uphold Use of Drug Implicated in Botched Executions

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This Friday, July 25, 2014 file photo shows bottles of midazolam at a hospital pharmacy in Oklahoma City. On Monday, June 29, 2015, The Supreme Court voted 5-4 in a case from Oklahoma saying that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment. (AP Photo/Sue Ogrocki, File)

This Friday, July 25, 2014 file photo shows bottles of midazolam at a hospital pharmacy in Oklahoma City. On Monday, June 29, 2015, The Supreme Court voted 5-4 in a case from Oklahoma saying that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment. (AP Photo/Sue Ogrocki, File)

Mark Sherman, ASSOCIATED PRESS

 
WASHINGTON (AP) — A deeply divided Supreme Court upheld the use of a controversial drug in lethal-injection executions Monday, even as two dissenting justices said for the first time they think it’s “highly likely” the death penalty itself is unconstitutional.

The justices voted 5-4 in a case from Oklahoma that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.

The drug was used in executions in Arizona, Ohio and Oklahoma in 2014 that took longer than usual and raised concerns that it did not perform its intended task of putting inmates into a coma-like sleep.

Justice Samuel Alito said for a conservative majority that arguments the drug could not be used effectively as a sedative in executions are speculative and he dismissed problems in executions in Arizona and Oklahoma as “having little probative value for present purposes.”

In dissent, Justice Sonia Sotomayor said, “Under the court’s new rule, it would not matter whether the state intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake.”

Alito responded, saying “the dissent’s resort to this outlandish rhetoric reveals the weakness of its legal arguments.”

In a separate dissent, Justice Stephen Breyer said the time has come for the court to debate whether the death penalty itself is constitutional. Justice Ruth Bader Ginsburg joined Breyer’s opinion.

“I believe it highly likely that the death penalty violates the Eighth Amendment,” Breyer said, drawing on the cases he has reviewed in more than 20 years on the Supreme Court bench.

More than 100 death row-inmates have been exonerated, showing that the death penalty is unreliable, Breyer said. He said it also is imposed arbitrarily, takes far too long to carry out and has been abandoned by most of the country. Last year, just seven states carried out executions, he said.

In an extremely unusual turn, four justices read their opinions from the bench in the lethal execution case. Justice Antonin Scalia, part of the court’s majority on Monday, read a brief reply to Breyer. “Welcome to Groundhog Day,” Scalia said, noting that the court has repeatedly upheld the use of capital punishment.

The Supreme Court’s involvement in the case began in January with an unusually public disagreement among the justices over executions.

Then, the court refused to block Oklahoma inmate Charles Warner’s execution despite the objection of the four liberal justices. In a strongly worded dissent for the four, Sotomayor said, “The questions before us are especially important now, given states’ increasing reliance on new and scientifically untested methods of execution.”

Eight days later, the justices agreed to hear the case of three other Oklahoma death-row prisoners. It takes just four votes among the nine justices to agree to hear a case, but five votes to place a hold on an execution.

When the case was argued in late April, the justices engaged in combative exchanges about the Oklahoma case and impassioned debate about capital punishment more generally.

Among the conservatives, Alito said death penalty opponents are waging a “guerrilla war” against executions by working to limit the supply of more effective drugs. On the other side, liberal Justice Elena Kagan contended that the way states carry out most executions amounts to having prisoners “burned alive from the inside.”

In 2008, the court upheld Kentucky’s use of a three-drug execution method that employed a barbiturate as the first drug, intended to render the inmate unconscious. But because of problems obtaining drugs, no state uses the precise combination at issue in that earlier Supreme Court case.

Four states have used midazolam in executions: Arizona, Florida, Ohio and Oklahoma. Also, Alabama, Arkansas, Louisiana and Virginia allow for midazolam, but they have not used it in executions.

Last April’s execution of Clayton Lockett was the first time Oklahoma used midazolam. Lockett writhed on the gurney, moaned and clenched his teeth for several minutes before prison officials tried to halt the process. Lockett died after 43 minutes.

Executions in Arizona and Ohio that used midazolam also went on longer than expected as the inmates gasped and made other noises before dying.

Meanwhile, the court challenge has prompted Oklahoma to approve nitrogen gas as an alternative death penalty method if lethal injections aren’t possible, either because of a court ruling or a drug shortage.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

Stop the Hate Symposium Brings Oakland Together Through Dialogue, Partnership, and Community Healing

 More than a meeting and panel discussion, the annual symposium serves as a powerful example of what can happen when neighbors, community leaders, and organizations choose conversation over division, and unity over silence.

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Speakers and guests at the annual ‘Stop the Hate Symposium posed with Oakland Chinatown Improvement Council ambassadors. Photo by Marcus Calloway.
Speakers and guests at the annual ‘Stop the Hate Symposium posed with Oakland Chinatown Improvement Council ambassadors. Photo by Marcus Calloway.

By Dr. Maritony Jones, Special to The Post

With the purpose of creating safer, stronger, and more inclusive communities, and in partnership with the Oakland Private Industry Council and other community organizations, the Oakland Chinatown Improvement Council (OCIC) hosted the ‘Stop the Hate Symposium’ on June 13 at the Oakland Asian Cultural Center.

More than a meeting and panel discussion, the annual symposium serves as a powerful example of what can happen when neighbors, community leaders, and organizations choose conversation over division, and unity over silence.

The free event featured keynote speakers, breakout sessions, cultural programming, creating a space where people from many backgrounds sat together with a shared purpose.

The turnout itself reflected the urgency and importance of the topic. The room was packed with community members eager not only to listen, but also to participate. Throughout the event, speakers shared data, personal experiences, research, and practical solutions designed to address hate, violence, social inequity, and community safety.

The keynote panel featured respected leaders and advocates, including Ray Bobbitt, founder of the African American Sports & Entertainment Group (AASEG); Ryan Takemiya from RAMA; Caheri Gutierrez from the Unity Council; honorary guest speaker Oakland City Councilmember at-Large Rowena Brown and City Councilmember Charlene Wang; representatives for Oakland Mayor Barbara Lee and U.S. Rep. Lateefah Simon, with Gia Vang of NBC serving as moderator.

The symposium also offered multiple breakout sessions that addressed issues affecting communities across Oakland and Alameda County:

  • Session 1, 2, 3: Building Safer and More Inclusive Communities, led by Pastor Raymond Lankfort, CEO of Oakland Private Industry Council (OPIC), Jessica Kang, research manager for Stop AAPI Hate, Kara Guerra of The Unity Council, and Gabriela delaRiva of the Spanish Speaking Citizens Foundation
  • Session 4: Talk Story: Collective Healing and Relationship Repair, presented by Ryan Takemiya, executive director of RAMA
  • Session 5: Sexual Violence Prevention, presented by Tunisia Owens, interim deputy director of Realized Potential
  • Session 6: Violent Attacks on Teens, presented by MaryAnn Alvarado, program manager of Youth Alive

Every session contributed to an important truth: meaningful change begins within communities, through honest dialogue and a willingness to work together.

One of the strongest themes to emerge from the day was the need to create more conversations and stronger partnerships—not just during times of crisis, but consistently and intentionally. Relationships among organizations, neighborhoods, and community leaders often operate behind the scenes but are not always highlighted or celebrated.

Bobbitt spoke powerfully about this issue, noting that partnerships and relationships often go unrecognized despite being essential to community progress. He pointed to examples such as the partnership between OPIC and OCHIC, emphasizing that these collaborations deserve more visibility, investment, and expansion.

Perhaps his most memorable message resonated deeply throughout the room. Bobbitt explained that when a grandparent is attacked or harmed, the impact extends beyond race or ethnicity because today’s families and communities are increasingly multicultural and interconnected.

“We are not going to see our grandparents as just Latino, Asian, Caucasian, or African American,” he shared in essence. “We are going to see them simply as our grandparents.”

Those words reflected the heart of the symposium. Hate may target one group, but pain and loss are felt by everyone. Likewise, healing and progress are shared responsibilities.

For more information about the Stop The Hate Program visit the website: https://www.oaklandchinatownchamber.org/stop-the-hate (or) https://oaklandpic.or

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Activism

Six Months in, Probate Reform Coalition Marks Progress in Protecting Elders From Financial Abuse

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

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NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.
NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.

By Tanya Dennis

The National Probate Reform Coalition, a loose-knit national coalition of advocates, victims, and families dedicated to protecting elder rights, especially within the probate court system, was formed by the Post Newspaper Group (PNG) after more than a decade of reporting on the mistreatment of elders and the plunder of their estates.

In response, PNG Publisher Paul Cobb set in motion a series of monthly town halls to address the problem and propose workable solutions, designating it a “year of action.”

At six months, the coalition has attracted families, advocates, and experts across the nation whose strategies have proven effective in their respective states, and who are moving forward collectively with the mission of engaging judicial, legislative, and enforcement agencies to ensure elders are not exploited or abused.

“The issue of elder abuse is multi-layered”, says NPRC planning committee member Venus Gist.  “Elders are our most vulnerable population, next to children, and they are easily exploited by strangers, their own family members, and the judicial system designed to protect them.”

Since January, NPRC has, via monthly virtual meetings held on the first Thursday of each month, clearly defined the issues and formulated workable solutions that can be implemented nationwide.

“There are amazing laws on the books that protect elders and their assets,” said NPRC member Zakiya Jendayi. “The problem is they are ignored, and that lack of oversight has led to systemic abuse in the Probate Court system, not just in Alameda County, but nationwide.

“The scary part is the collusion and wall of silence NPRC has encountered when reaching out to the Judicial Council, legislators, and the State Bar for assistance.  It’s so obvious that one hand is washing the other, that they’re protecting each other, that it’s difficult to initiate any type of meaningful reform much less dialogue.”

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

Stacy Drake, a Texas member, says, “I’ve been looking for help for over 10 years with my situation, and I finally found it within the NPRC coalition.  God answered my prayers.”

Broadening its reach within Alameda County, NPRC has invited Oakland Mayor Barbara Lee to assist with outreach, education, and resolution.

“We hope to host an elder abuse/elder protection symposium annually, if not twice a year, to let our elders know that Alameda County and the City of Oakland are a safe place, a place where in their golden years they have no worries regarding exploitation and abuse,” said Cobb. “Society is defined by how the care for its children and elders.”

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Bay Area

A Long Time Coming: School District Kicks Off Massive $97 Million Renovation of West Oakland’s McClymonds High School

The extensive project will involve the full modernization of the campus, including essential upgrades to building systems such as plumbing replacement (with lead abatement), seismic improvements, and modernization of heating, electrical, ventilation, and air conditioning systems. Indoor spaces will be updated with new flooring, wall treatments, and upgrades to classrooms, labs, shops, and sports locker rooms.

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Renderings of McClymond High School renovation. Courtesy image.
Renderings of McClymond High School renovation. Courtesy image.

‘We gather on sacred ground,’ said OUSD Supt. Denise Saddler

By Post Staff

After being stalled for many years, the massive $97 million renovation of McClymonds High School is finally breaking ground under the leadership of the district’s new superintendent, Dr. Denise Saddler, and backed by the unrelenting efforts of the school’s parents, students, school board members, community, and alumni.

The Oakland Unified School District (OUSD) held the groundbreaking ceremony on June 12 to kick off the three-year modernization project for McClymonds, a historic center of African American culture and educational opportunity in Oakland, located at 2607 Myrtle St. in West Oakland.

The overhaul will include seismic and environmental upgrades, a new turf field, and modernized campus facilities. The comprehensive transformation is financed by Measure Y, a $735 million general obligation bond approved by Oakland voters to renovate and upgrade aging school sites.

This renovation is considered a milestone for the West Oakland campus, which has operated in the same building since 1938 and has been in dire need of structural and plumbing safety remediation for years.

Speaking at the event, Supt. Denise Saddler said,

“We gather on sacred ground… that has shaped generations of Oakland leaders, scholars, artists, activists, entrepreneurs, educators like Mr. Herman Brown – one of our top math teachers. I also want to say it’s the historic home of the mighty Warriors (athletic teams). It’s a historic home of so many people.”

“This was, for Black people, our high school,” she continued “For more than a century, McClymonds has stood as a beacon of excellence in West Oakland and beyond. It’s not simply a school building; it’s a symbol of resilience, pride, community, and possibility.”

The superintendent said the legacy of McClymonds includes legendary alumni such as NBA player-coach Bill Russell, whose excellence transformed the game of basketball and whose courage helped transform the nation.

The school’s legacy also includes MLB players Frank ‘Judge’ Robinson and Curt Flood, basketball player Paul Silas and civic leaders including Lionel Wilson, a Superior Court judge and Oakland’s first African American mayor.

She emphasized that the groundbreaking was not only about honoring the past, but also about investing in the future.

“(It) represents Oakland’s commitment to the young people of West Oakland. It sends a powerful message that our students deserve facilities that match their brilliance, their talent and their dreams. “

The extensive project will involve the full modernization of the campus, including essential upgrades to building systems such as plumbing replacement (with lead abatement), seismic improvements, and modernization of heating, electrical, ventilation, and air conditioning systems. Indoor spaces will be updated with new flooring, wall treatments, and upgrades to classrooms, labs, shops, and sports locker rooms.

The cafeteria also will be reconfigured, and outdoor areas will feature a new grandstand, track and field upgrades, accessible field bathrooms and concessions, and updates to the plaza, garden, and outdoor gathering areas.

Mayor Barbara Lee, who attended the event, thanked Oakland voters for passing the Measure Y bond that is paying for the school’s renovation.

Renderings of McClymond High School renovation. Courtesy image.

Renderings of McClymond High School renovation. Courtesy image.

“It’s a good day – It’s a good news day,” she said. “The voters who (approved) Measure Y care about our young people. Today, we have the opportunity on this historic day to say, well done. Thank you to the voters for the facilities our community, our students, our teachers deserve.”

School Board member VanCedric Williams, whose district includes McClymonds, said that OUSD passed repeated school bond measures for decades, promising to renovate the school, but it did not happen.

“I just want to thank all the community (who) put pressure on the district to do right, to hold school board members accountable, and to really say, ‘We’re not going to take anything less than a renovation.’”

“When I first met Dr. Saddler, she said, ‘I have a commitment to McClymonds – I’m going to make it happen.’ And she has done something in one year that has not been done in 20 years. So, I have the belief that we’re going to get it done.”

Rising senior LaTanya Nolen, praised the school for the opportunities she has received and for the dedication of its staff.

“Every student here is treated like they matter and given opportunities to grow and build onto themselves,” she said. “We’ve gotten to do things like sports, field trips, college and career excursions, networking, and more. Our futures are taken seriously, and the people around us are always pushing us so that we are prepared for it.”

Parent Brejea Colthirst said, “Thank you to everyone who had a part in this, who helped make this possible. Together, we are building something special.”

Brian McGhee, popular McClymonds staff member and alumni, pledged to build on the strength of McClymonds’ traditions. “Mack is back.  We’re going to up the enrollment with this new school. We’re going to continue to know every student’s name who comes through this school. My job as a community manager is going to continue to provide resources for our families and our students, and continue to communicate with our parents, which is huge.”

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