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Voices from Benton Harbor, Mich. The myth of our legal system: 'justice for all!' BY REV. EDWARD PINKNEY
Shannon David McKinney was found guilty Sept. 27 by a Berrien County jury. The charge was possession of marijuana. There was .00004 grams of marijuana planted by Officer Collins and Officer Bernard Hall. Both claim it was in McKinney's pocket. Mr. McKinney does not smoke or sell marijuana.
Court-appointed attorney Berger from the Berger & Laforge Law Firm refused to subpoena witnesses for the defendant to prove that there was no marijuana and that Officers Collins and Hall had planted the marijuana.
The defendant had several witnesses who would have testified that he had no marijuana in his possession. McKinney told the Judge that Attorney Berger refused to subpoena his witnesses. McKinney recorded the phone conversation without the Attorney's knowledge. During the conversation he told McKinney that he refused to subpeona witnesses and that McKinney could do nothing about it. McKinney played the tape for me.
Before the trial started and any evidence was presented, Judge Angela Pasula told the defendant, "You are going to trial and then to jail." Judge Pasula, the Prosecutor, and court-appointed Attorney Berger were a team against Mr. McKinney.
Legal malpractice has been defined in Michigan by a series of cases beginning with Babbit v. Bumpus. The Michigan Supreme court defined legal malpractice in Michigan as any professional misconduct -- acts by your attorney that cause you to suffer damage.
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Yesterday was a bad day for a 15-year-old boy when his court-appointed attorney, Scott Sanford, told him that his mother said to plead guilty. The boy had the courage to stand up and tell Judge Dennis Wiley that his mother said no such thing [his mother was present in the court room.] However the Judge stated that since the boy had already pleaded guilty, he would not take it back. The boy was sentenced to 23 years in prison for allegedly attacking a guard in the Juvenile Center.
We must examine the moral, judicial and constitutional implications of the push to resolve cases by pressuring defendants into plea agreements, guilty or not.
I have seen thousands of people like Mr. Shannon McKinney and the young Mr. Murphy. Who will be next? When are the good people of this county, this state, and this country going to stand up and say enough is enough? This is what happens when big corporations run the government.
We can do something about our conditions if we stop thinking like the ruling class. The first step is to unite people's thinking with their actual conditions. The poor have to be won over to think according to who they are and unite. This is very important if the people want to change this situation.
Rev. Edward Pinkney
Advice for Young Mothers
"When burdens get heavy and make you bend down, don't give up. When storms rag and shower us with heartaches, family problems, financial problems, sickness, depression, lack of jobs that knock us down, don't break. Don't give up. Hold on. Keep the Faith and everything will be alright. We must continue to lean and depend on God for all things … we must be steadfast and unmovable. We've got to keep pressing on …"
Courageous Michigan Prisoners Speak Out:
"I told a fellow prisoner how I was wrongfully convicted. He showed me a copy of the People's Tribune and suggested I write. The least it can do is save another Black person from my fate."
"Rev. Pinkney is innocent and the Berrien County detectives have offered me an acquittal on all charges and money to relocate in exchange to falsely make allegations against Rev. Pinkney. I'm available for any and all comments."
ORDER THE PEOPLE'S TRIBUNE
The corporations are trying to keep the poor from uniting in a struggle for a new cooperative America where the needs of all are met. The truth needs to get out. Order bundles of the People's Tribune for 15 cents a copy. Order a free People's Tribune Radio program, "Community vs. Corporate Rule" or listen at www.ptradio.org.
Call 800-691-6888. Mail payment for papers to:
SPEAKERS for a NEW AMERICA
Invite Rev. Pinkney and other speakers to your city. Call 800-691-6888 or email info@speakersforanewamerica.com.
This article originated in the People's Tribune
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