Citizen James: December 2012

Monday, December 31, 2012

Gov. Perdue Signs Historic Pardon of Innocence for the Wilmington 10

FOR IMMEDIATE RELEASE
31 December 2012
For More Information:           Rev. Dr. William J. Barber, II, President, 919-394-8137
                                                Mrs. Amina J. Turner, Executive Director, 919-682-4700
                                                Atty. Al McSurely, Communications Chair, 919-381-0856

NAACP News Conference Held in Raleigh December 31, 2012
at Martin Street Baptist Church
RALEIGH - "Today the spirit of justice was awakened in the Capitol of North Carolina," said Rev. Barber. "Governor Beverly Perdue has signed a Pardon of Innocence for nine men and one woman known as 'The Wilmington 10.' These young people were non-violent protestors fighting for educational equality. They were framed, wrongfully convicted and incarcerated in connection to a fire bombing in Wilmington, NC over 40 years ago. These unjust convictions were due to racist manipulation of the court system and extraordinary and blatant racially motivated prosecutorial misconduct. A Federal Court overturned these convictions over 30 years ago but until today, NC had fallen short. In the last few days of her governorship, Governor Perdue has walked us into a season of epiphany."
            "In this season, NC has finally had a revelation and with this revelation comes a continued need for redemption and repentance from the stain of injustice. Not only will the civil rights and human rights communities honor this act, but history itself will record this day as groundbreaking. On the eve of the 150th anniversary of the Emancipation Proclamation, Governor Perdue has proclaimed a contemporary emancipation for these freedom fighters, Benjamin Chavis, Connie Tindall, Marvin Patrick, Wayne Moore, Reginald Epps, Jerry Jacobs, James McKoy, Willie Earl Vereen, William Wright, Jr., and Ann Shepard, whose fight for justice will never be forgotten. These pardons are not only for North Carolina but also for the nation and for the world. We honor the Governor's noble, courageous and righteous decision today and we commend her heart's steadfast commitment to justice."
            Special thanks is extended to: The National Newspaper Publishers Association, The Wilmington Journal, Attorney James Ferguson, Attorney Irving Joyner, Attorney Al McSurely, Cash Michaels, Marry Thatch, Dr. Timothy Tyson, officers and members of the NAACP, and the thousands of persons who signed petitions, prayed and pushed for this dream to become reality.
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Founded in 1909, the NAACP is the nation's oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.

Saturday, December 29, 2012

The Wilmington Ten Are Innocent and Should be Pardoned

FOR IMMEDIATE RELEASE

29 December 2012

For More Information: Rev. Dr. William J. Barber, II, President, 919-394-8137

Mrs. Amina J. Turner, Executive Director, 919-682-4700

Atty. Irv Joyner, Legal Redress Chair, ijoyner@nccu.edu

The NC NAACP has carefully reviewed all of the court opinions, supporting documents, contents of the infamous "Stroud Files" and other legally significant materials in the case of the Wilmington Ten. They all support the conclusion that the Wilmington Ten were not involved in any criminal conduct associated with the burning of Mike's Grocery or any other Wilmington businesses in February 1971.

Allen Hall, the only person who claimed to have witnessed any unlawful conduct, recanted his testimony under oath. Two other supporting witnesses also confessed under oath that they perjured themselves during the trial of the Wilmington Ten. Official documents obtained from the New Hanover County District Attorney's office confirmed much of the illegal conduct of the Prosecutor, including his efforts to pack juries with biased, "KKK"-type jurors and to fraudulently and corruptly obtain a mistrial because the jury selection in the first trial had placed ten African-Americans and two Whites in the jury box.

Our attorneys have carefully studied the 1980 opinion of the Fourth Circuit Court of Appeals which concluded, after an exhaustive examination of the court records, that the Prosecutor and Judge had purposely used or allowed the use of perjured testimony to infect the trial proceedings. In doing so, they violated the fundamental constitutional rights of the Wilmington Ten. The Appeals Court, therefore, reversed their convictions and the State of North Carolina has chosen not to re-try any of them.

When viewing these uncontested facts, we are led to the only reasonable conclusion: there is no evidence that did or can prove that any of the Wilmington Ten members committed any crimes in Wilmington during the weekend of February 5-7, 1971.

As a matter of law, these conclusions overwhelmingly support our legal position that the Wilmington Ten are actually innocent. During the last few days, the suggestion has been made that the Wilmington Ten now must prove their innocence beyond a reasonable doubt. Such a demand at this late hour is no more than a cynical distraction from the task of the Governor to grant Pardons of Innocence. We know the "TEN" can carry their burden of innocence. We have already offered compelling evidence of their actual innocence to the Governor.

In our criminal justice system it is the state, not the defendants, that must prove beyond a reasonable doubt the defendants' guilt. We reject last-minute suggestions that this burden of proof should be turned upside down, and the Wilmington Ten defendants now must prove beyond a reasonable doubt their innocence. The notion that they, in the closing hours of the pardon review, must prove anything other than what has already been presented to the Governor for her review, is ungodly.

From our vantage point, the case for the actual innocence of the Wilmington Ten has already been made. The Governor should apply the same standard for issuing this pardon as has been applied in past pardon petitions.

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Founded in 1909, the NAACP is the nation's oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.

Friday, December 28, 2012

One of NC new stupid Laws, which helps Big Oil

Did you know that stealing used restaurant grease will be a felony starting Jan. 1?

I ask what idiot wrote this bill?

Torbett said that grease haulers and restaurants came to him with the grease theft problem addressed in HB 512. But law enforcement hasn't always taken the crime seriously, he said.

Really, just who was doing the bitching about lost of used grease??

In North Carolina, small bio fuels producers used leftover grease to create biodiesel that can be used to run specially equipped automobiles or home heating systems.

Yes Big Oil working thru smaller local companies,, need to protect their profits..

so here the NC Representative who is in the pockets of Big Oil, doing everything to Protect them..

so how does this bill Protect Big Oil, here is the answer,

"We call it the grease police bill," said Lyle Estill, president of Piedmont Biofuels based in Chatham County. His company collects grease from restaurants throughout the Triangle. "This bill doesn't do anything about the people who are stealing grease," he said. He said the bill will help big rendering companies at the expense of hobbyist and others who collect and use or sell small batches of grease.
"Imagine the teacher who would collect the used grease from the school cafeteria once a week and sell it to my company. He'll no longer be able to do that...It will have no impact but it will shift the playing field in favor of big (companies)," Estill said.

I wonder how much $$$ under the table he got for this bill???