Thursday, February 05, 2015

Sat, Jan 31, 2015 04:04 PM
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pinkneyportrait.jpgReverend Edward Pinkney, grassroots leader of the Black Autonomy Network Community Organization (BANCO) in Benton Harbor, Michigan, was convicted on Nov 3rd of five felony counts of election law violation and sentenced to an outrageous 2½ to 10 years in prison. He was accused of changing dates on five petitions in a recall campaign against the city’s mayor, a mayor who sides with big business –Whirlpool Corporation is based there – against the people. He was convicted with no supporting evidence by an all-white jury – both violations of justice which amount to legal lynching. Benton Harbor is 96% Black yet there was not one person from Benton Harbor on the jury.
After he was sentenced, he spent a month in 23-hour lockdown in a cold cell in Jackson, Michigan in unsanitary and inhumane conditions. He has now been moved to Marquette prison. On February 24, the court will hear his appeal on the grounds of unclean evidence and perjury of a juror (see details below).
·         Please urgently donate to the Pinkney Legal Fund at BANCO’s website www.bhbanco.com
·         Write and send books to Rev. Pinkney at this address –
Rev. Edward Pinkney
Prisoner # 294671
Marquette Branch Prison
1960 US Highway 41 South
Marquette, MI 49855
·         Send money directly to Rev. Pinkney through JPay (www.jpay.com). (Enter Michigan as the state and his prisoner number, 294671).
·         Sign the Petition to Free Rev. Pinkney.
·         Stay alert for more support actions around Rev. Pinkney’s appeal hearing, scheduled for Feb 24 at 1pm at the Berrien County Courthouse.
“I am a political prisoner being held in Marquette Prison and I remain in great spirits despite the racist injustice that has landed me here.  This attack on me and on democracy in Benton Harbor shows that Whirlpool is determined to crush anyone who stands in its way.  It is part of a process underway across the US in various forms.  Let’s confront the corporations that are destroying this country.”    Rev. Edward Pinkey, from his statement below

Circulated by Payday men’s network, 215-848-1120 payday@paydaynet.org

 
 
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Rev. Pinkney has been moved to the north country – please write to him and/or send reading material:
 
Rev. Edward Pinkney
Prisoner # 294671
Marquette Branch Prison
1960 US Highway 41South
Marquette, MI 49855
 
Warden Robert Napel
906-226-6531
 
I am paying a debt to society which I do not owe
The Berrien County Court system has undermined the respect and confidence of the community in its application of the law and the takeover of the city of Benton Harbor, Michigan.
The court system has stolen time from me.  I am paying time with my life, family life, and community.  I’m required to serve a sentence while several issues are being decided in the court — and paying a debt to society that I do not owe.
I have already raised substantial issues.  I am entitled to a directed verdict of Not Guilty based on constitutionally insufficient evidence under the Beyond a Reasonable Doubt standard.  I also assert that I am entitled to a directed verdict based on the issue that was resolved in favor of the defendant in People v. Hall (10/23/14). 
Under MCL 168.937 and based on due process, statutory construction, and the rule of lenity, a petition circulator cannot be subjected to a felony conviction and penalty when notice and warnings on the petition form, provided by the government, indicate that one may only be subject to a misdemeanor conviction and penalty. 
A misdemeanor conviction and penalty may only be imposed under a specific statue, MCL 168.544, specifically proscribed acts of falsifying election petitions.  For this reason, the convictions under MCL 168.937 must be vacated.  Due process also requires this result, as the rule of lenity is mandated by due process.
This result is also required by the issue that the jury was not constitutionally adequate, based on the arguments raised in my motion for a new trial relating to juror Gail Freehling concealing information during the jury selection.
I am a political prisoner being held in Marquette Prison and I remain in great spirits despite the racist injustice that has landed me here.  This attack on me and on democracy in Benton Harbor shows that Whirlpool is determined to crush anyone who stands in its way.  It is part of a process underway across the US in various forms.  Let’s confront the corporations that are destroying this country.
 
Rev. Edward Pinkney
 
 
 
 
 

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