February, 2007

Voices from Benton Harbor, Mich.
Charges challenged in vote fraud trial

BY PASTOR MARY GAULT

Rev. Edward Pinkney (left) and his attorney, Timothy Holloway. PHOTO/DAYMONJHARTLEY.COM

You could feel the tension in the Berrien County Courtroom of Judge Alfred Butzbaugh on Jan. 25, 2007, as friends and activists of Rev. Edward Pinkney from across the nation gathered for a hearing in his support. The hearing argued two motions. One argued the constitutionality of the Michigan Absentee Voter statute, which makes it a 5-year felony to possess, without knowledge or bad intent, an absentee ballot, but only a misdemeanor to actually buy a vote. The second challenged the racial composition of juries in Berrien County where, although Blacks are 15.5 percent of the population, rarely is more than 1 in 30 potential jurors Black.

Attorney Timothy Holloway argued for the first motion. He argued that statutes that involve a malum prohibitum crime were not criminal at common law. The person had to have knowledge that it was illegal to handle the absentee ballots. The prosecution, Aaron J. Mead and Gerald L. Vigansky, argued back that one only had to have knowledge that they possessed an absentee ballot belonging to someone else; and that the Legislature wanted criminal intent to be an element of a criminal offense. They compared the handling of an absentee ballot and being charged with a felony as the same as someone that drove their pick-up truck across state line with possession of a gun, and who is prosecuted for carrying a concealed weapon. The prosecution argued that everyone knows it is illegal to possess a concealed weapon without a permit and that possession of an absentee ballot falls under the same interpretation. Attorney Holloway cited the Michigan Supreme Court case People vs Oliver (1912) as well as several other cases that ruled that a guilty mind was necessary in order to prosecute. The Judge will have a ruling within two weeks.

Attorney Elliot Hall presented arguments for the motion challenging jury composition. He asked that the Court move to discovery in the selection of juries for the Berrien County Circuit Court and strike the selection procedure as discriminatory and exclusionary with regard to minority jurors, and delay Rev. Pinkney's trial until the system can be reformed and provide him with a non-discriminatory list of jurors called to serve. The prosecution did not respond to this motion in writing before the hearing, telling the judge that he thought discovery would be done while the attorneys were present. The Judge then told Attorney Hall to gather the material from the Clerk and ordered a continuance. Then Judge Butzbaugh called for the prosecution and defense attorneys to join him in his chambers. The judge informed the parties that the discovery process on jury selection would not delay the trial. Attorney Hall responded that we would see about that.

Afterward, Rev. Pinkney said, "We gave them a spanking today!" He was confident of his attorneys handling of the motions, stating that we will go to Federal court if we have to appeal these motions, and that Judge Butzbaugh will always be corrupt.

The prosecution presented arguments to the malum prohibitum issue that didn't hold water for the audience. Many felt it ridiculous to compare the handling of guns with the handling of ballots. It was an eye-opening experience seeing a judge go through with a hearing when the prosecution hadn't followed through with a written response to the defense. Those who continue to observe the Court in operation felt the Judge was trying to appear to be listening to both sides. However, information about Judge Butzbaugh's comment about the jury composition motion not having to be answered before trial blew that perception out of the water.

"This case is about how they overturned an election, threw out our votes and put fear in the voters. People were actually scared to go to the polls. In the next election, they put that corrupt city official back into that seat. We still haven't gotten our chance in Court to state our cause. We need to do something about that!"
- Belinda Brown, Benton Harbor Community Leader

Tom of the Year Award: "The Tom of the Year Award goes to Pastor James Atterberry of Brotherhood Church of God In Christ for a lack of civil service, understanding and communication within the community, and for using the people for his own personal gain. Chief Al Mingo was a close second, followed by Marcus Robinson, Mark Mitchell, and City Manager Pete Mitchell."
- Rev. Edward Pinkney