First class criminals need first class liars.
Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
First class criminals need first class liars.
Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
The
Torah says, "If one prosecutes a war, in a place where innocents have
no place safe to flee to, and no way to leave, then that becomes
murder."Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html
First class criminals need first class liars.
Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
[Note:
The population in Gaza is.was, 1, 816,000. Israeli has called up a
total of 86,000 troops. That is, roughly, one soldier for every 21 people in Gaza.
Talk about mass murderers! ...bw]Israel has got them. They are a true wonder to behold.
By the way, this is what the Torah says about today's events:
"If one prosecutes a war, in a place where innocents have no place safe to flee to, and no way to leave, then that becomes murder."
Let's stop the utter nonsense that Israel has anything to do with Judaism.
These are gangsters pure and simple. - See more at: http://www.brasschecktv.com/videos/israelpalestine/the-israeli-lying-machine.html#sthash.OoZXoL3B.dpuf
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Aug. 2 National March on the White House
Stop the Massacre in Gaza!
Saturday, Aug. 2, 1:00pm
Gather at the White House
Washington, D.C.
Transportation is being organized from all over the country
Yesterday, Israeli Defense Forces deliberately targeted a group of children playing soccer on a Gaza beach, killing four from the same family and maiming the others—another war crime committed against the Palestinian people.
Join thousands of people in a National March on the White House on Saturday, August 2 at 1:00pm to condemn the Israeli massacre in Gaza.
We have been in the streets every day in cities around the country. What is needed now is a massive National March on Washington.
Israel receives $4 billion in “aid” from the United States each year. This money is being used to commit war crimes against the Palestinian people in Gaza. We are demanding that all U.S aid to Israel be ended now!
More than 200 people in Gaza have been killed and more than 1,500 have been wounded from Israeli bombs and missiles. This has to end!
Join us to demand:
Stop the massacre in Gaza! End the blockade of Gaza!
End all U.S. aid to Israel!
End the colonial occupation!
Co-sponsors: ANSWER Coalition; American Muslims for Palestine (AMP); Council on American-Islamic Relations (CAIR); American Muslim Alliance (AMA); Al-Awda: Palestine Right to Return Coalition; Al-Awda: Palestine Right to Return Coalition - New York; Code Pink; Muslim Legal Fund of America; World Can't Wait; Partership for Civil Justice; MAS Immigrant Justice Center; UNAC - United National Antiwar Coalition; Islamic Circle of North America (ICNA).
#2DC4Gaza #LetGazaLive #FreePalestine #Protest4Palestine
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1) The Injustice of Marijuana Arrests
2) When Cell Door Opens, Tough Tactics and Risk
3) On Subway, Flying Feet Can Lead to Handcuffs
4) Citing Fairness, U.S. Judge Acts to Undo a Sentence He Was Forced to Impose
5) Israeli Shells Said to Hit School in Gaza, Killing at Least 20
http://www.nytimes.com/2014/07/31/world/middleeast/israel-gaza.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0
6) Loss of Shelter and Electricity Worsens a Crisis for Fleeing Gazans
7) Most in Poll Say Children at Border Merit Relief
8) McDonald’s Ruling Could Open Door for Unions
9) At Behest of Judge, U.S. Shortens Man’s 57-Year Mandatory Sentence
10) The F.D.A.’s Blatant Failure on Food
11) Netanyahu Vows to Continue Destroying Gaza Tunnels
12) U.N. Says ‘Evidence’ Points to Israel in Gaza School Attack
13) Fourteen More Brooklyn Convictions Linked to Scarcella Are Examined
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1) The Injustice of Marijuana Arrests
America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses.
In October 2010, Bernard Noble, a 45-year-old trucker and father of seven with two previous nonviolent offenses, was stopped on a New Orleans street with a small amount of marijuana in his pocket. His sentence: more than 13 years.At least he will be released. Jeff Mizanskey, a Missouri man, was arrested in December 1993, for participating (unknowingly, he said) in the purchase of a five-pound brick of marijuana. Because he had two prior nonviolent marijuana convictions, he was sentenced to life without parole.
Outrageously long sentences are only part of the story. The hundreds of thousands of people who are arrested each year but do not go to jail also suffer; their arrests stay on their records for years, crippling their prospects for jobs, loans, housing and benefits. These are disproportionately people of color, with marijuana criminalization hitting black communities the hardest.
Meanwhile, police departments that presumably have far more important things to do waste an enormous amount of time and taxpayer money chasing a drug that two states have already legalized and that a majority of Americans believe should be legal everywhere.
A Costly, Futile Strategy The absurdity starts on the street, with a cop and a pair of handcuffs. As the war on drugs escalated through the 1980s and 1990s, so did the focus on common, low-level offenses — what became known as “broken windows” policing. In New York City, where the strategy was introduced and remains popular today, the police made fewer than 800 marijuana arrests in 1991. In 2010, they made more than 59,000.
Nationwide, the numbers are hardly better. From 2001 to 2010, the police made more than 8.2 million marijuana arrests; almost nine in 10 were for possession alone. In 2011, there were more arrests for marijuana possession than for all violent crimes put together.
The costs of this national obsession, in both money and time, are astonishing. Each year, enforcing laws on possession costs more than $3.6 billion, according to the American Civil Liberties Union. It can take a police officer many hours to arrest and book a suspect. That person will often spend a night or more in the local jail, and be in court multiple times to resolve the case. The public-safety payoff for all this effort is meager at best: According to a 2012 Human Rights Watch report that tracked 30,000 New Yorkers with no prior convictions when they were arrested for marijuana possession, 90 percent had no subsequent felony convictions. Only 3.1 percent committed a violent offense.
The strategy is also largely futile. After three decades, criminalization has not affected general usage; about 30 million Americans use marijuana every year. Meanwhile, police forces across the country are strapped for cash, and the more resources they devote to enforcing marijuana laws, the less they have to go after serious, violent crime. According to F.B.I. data, more than half of all violent crimes nationwide, and four in five property crimes, went unsolved in 2012.
The Racial Disparity The sheer volume of law enforcement resources devoted to marijuana is bad enough. What makes the situation far worse is racial disparity. Whites and blacks use marijuana at roughly the same rates; on average, however, blacks are 3.7 times more likely than whites to be arrested for possession, according to a comprehensive 2013 report by the A.C.L.U.
In Iowa, blacks are 8.3 times more likely to be arrested, and in the worst-offending counties in the country, they are up to 30 times more likely to be arrested. The war on drugs aims its firepower overwhelmingly at African-Americans on the street, while white users smoke safely behind closed doors.
Only about 6 percent of marijuana cases lead to a felony conviction; the rest are often treated as misdemeanors resulting in fines or probation, if the charges aren’t dismissed completely. Even so, every arrest ends up on a person’s record, whether or not it leads to prosecution and conviction. Particularly in poorer minority neighborhoods, where young men are more likely to be outside and repeatedly targeted by law enforcement, these arrests accumulate. Before long a person can have an extensive “criminal history” that consists only of marijuana misdemeanors and dismissed cases. That criminal history can then influence the severity of punishment for a future offense, however insignificant.
While the number of people behind bars solely for possessing or selling marijuana seems relatively small — 20,000 to 30,000 by the most recent estimates, or roughly 1 percent of America’s 2.4 million inmates — that means nothing to people, like Jeff Mizanskey, who are serving breathtakingly long terms because their records contained minor previous offenses. Nor does it mean anything to the vast majority of these inmates who have no history of violence (about nine in 10, according to a 2006 study). And as with arrests, the racial disparity is vast: Blacks are more than 10 times as likely as whites to go to prison for drug offenses. For those on probation or parole for any offense, a failed drug test on its own can lead to prison time — which means, again, that people can be put behind bars for smoking marijuana.
Even if a person never goes to prison, the conviction itself is the tip of the iceberg. In a majority of states, marijuana convictions — including those resulting from guilty pleas — can have lifelong consequences for employment, education, immigration status and family life.
A misdemeanor conviction can lead to, among many other things, the revocation of a professional license; the suspension of a driver’s license; the inability to get insurance, a mortgage or other bank loans; the denial of access to public housing; and the loss of student financial aid.
In some states, a felony conviction can result in a lifetime ban on voting, jury service, or eligibility for public benefits like food stamps. People can be fired from their jobs because of a marijuana arrest. Even if a judge eventually throws the case out, the arrest record is often available online for a year, free for any employer to look up.
Correcting an Old Inequity As recently as the mid-1970s, politicians and the public generally agreed that marijuana abuse was handled better by treatment than by prosecution and incarceration. Jimmy Carter ran for president and won while supporting decriminalization. But that view lost out as the war on drugs broadened and intensified, sweeping marijuana along with it.
In recent years, public acceptance of marijuana has grown significantly. Thirty-five states and the District of Columbia now permit some form of medical marijuana, and Colorado and Washington fully legalized it for recreational use in 2012. And yet even as “ganjapreneurs” scramble to take economic advantage, thousands of people remain behind bars, or burdened by countless collateral punishments that prevent them from full and active membership in society.
In a March interview, Michelle Alexander, a law professor whose book, “The New Jim Crow,” articulated the drug war’s deeper costs to black men in particular, noted the cruel paradox at play in Colorado and Washington. She pointed to “40 years of impoverished black kids getting prison time for selling weed, and their families and futures destroyed,” and said, “Now, white men are planning to get rich doing precisely the same thing?”
As pioneers in legalization, those two states should set a further example by providing relief to people convicted of crimes that are no longer crimes, including overturning convictions. A recent ruling by a Colorado appeals court overturned two 2011 convictions because of the changed law, and the state’s Legislature has enacted laws in the last two years to give courts more power to seal records of drug convictions and to make it easier for defendants to get jobs and housing after a conviction. These are both important steps into an uncharted future.
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2) When Cell Door Opens, Tough Tactics and Risk
NASHVILLE
— The August night was hot, but Charles Jason Toll wrapped himself in a
coat and covered his mouth to protect against the electrical shocks and
gas he thought might come his way.
Outside the door of his solitary confinement cell at Riverbend Maximum Security Institution here, five corrections officers in riot gear lined up, tensely awaiting the order to go in. When it came, they rushed into the small enclosure, pushing Mr. Toll to the floor and pinning him down with an electrified shield while they handcuffed him and shackled his legs.
Mr. Toll, 33, a heavyset man who suffered from diabetes and mental illness, said, “I can’t breathe” — a complaint he would repeat, with increasing urgency, at least 12 times that night.
“You’re not going to be able to breathe,” an officer, Capt. James Horton, can be heard telling him on a prison video. And then, “You wanted this.”The officers carried him, face down, to a dark outdoor recreation yard to search him. A short while later, Mr. Toll was dead.
In the insular world of correctional institutions, it is known as cell extraction, the forcible removal of a prisoner from a cell by a tactical team armed with less-lethal weapons like Tasers, pepper spray and stun shields.
Jails and prisons routinely make use of the tactic in response to threatening behavior or disciplinary infractions. Mr. Toll, who was in prison on a parole violation and whose death in 2010 the state medical examiner ruled a homicide, had been accused of splashing an “unknown liquid” at a guard through the doorjamb.
While cell extractions are not new, a series of lawsuits and cases around the country are demonstrating the dangers of their widespread use, especially with mentally ill inmates like Mr. Toll, who represent an increasing segment of the jailed population and who are disproportionately the targets of force, statistics from several states indicate.
Videos made public in California last fall showed corrections officers at state prisons dousing severely psychotic inmates with large amounts of pepper spray before forcibly removing them from their cells, images that a federal district judge, Lawrence K. Karlton, who ordered the release of the videos, termed “horrific.” And in Florida in May, an inmate who was reportedly mentally ill died during a cell extraction at the Charlotte Correctional Institution.
Even when scrupulously conducted, cell extractions carry risks. Officers suit up in Kevlar vests and kneepads to protect themselves from assaults with homemade weapons or other objects. Injuries to inmates — from bruises and lacerations to concussions and broken bones — are common, though no government agency tracks them. In some cases, prisoners have died as a direct result of extractions, like Mr. Toll, whose death was caused by “asphyxia and suffocation” from force applied while he was in restraints, the medical examiner found.
Yet despite the frequent use and inherent dangers of cell extractions, states and localities vary widely in when and how they are carried out and in the level of training required of officers who conduct them. Many corrections experts say they believe that extractions are vastly overused.
In some institutions, extraction is viewed as a last resort. Training emphasizes the need to defuse the situation in other ways if possible, and extractions are tightly supervised. Special care is taken when mentally ill inmates are involved.
But in many facilities, training is minimal, supervision is lax and forcible removals are conducted reflexively, with little or no attempt at alternate solutions. Corrections officers who are so inclined can easily turn the process into a vehicle for beatings or other prisoner abuse.
“It can move from a proper tactical exercise to a punitive and retaliatory exercise,” said Steve J. Martin, a lawyer and corrections consultant who has served as a federal monitor and is an expert on the use of force in prisons and jails.
A few months before Mr. Toll died, another inmate at Riverbend was kicked, beaten and slammed into a concrete wall while handcuffed and shackled, splitting open his forehead, according to a lawsuit filed in the case. And in Los Angeles in 2008, deputies at the county jail — armed with Tasers, rubber bullets and rubber ball grenades — systematically moved down a tier extracting one inmate after another. Prisoners were choked, beaten unconscious and then shocked back into awareness, court documents show. More than 100 broken bones and other injuries resulted. One inmate required a metal plate in his right eye after multiple fractures to the eye socket; another received Taser shocks to his testicles and buttocks.
Jeffrey Schwartz, a correctional consultant who has worked with a large number of jails and prisons around the country, said that in his view, only about 20 percent of the cell extractions carried out in the United States were necessary.
Inmates, he said, often feel compelled to fight back during an extraction so as to not lose face in front of other prisoners. Officers, too, gear up, like soldiers preparing for battle.
“Once they put on those heavy pads and the adrenaline is flowing, they want to go in,” Dr. Schwartz said.
An Inmate’s Past
He was 14 when things began to go wrong.
His stepfather died. He started experimenting with drugs. He was arrested for setting fire to a trash can with a cigarette and then for stealing his father’s car. When he was 18, a series of house burglaries and an escape from a county jail work crew sent Mr. Toll to state prison.
Medical records from his years behind bars show his mental and physical health slowly declining. He developed diabetes and high blood pressure. He made suicide attempts.
At various times in prison, he received diagnoses of schizoaffective disorder, bipolar disorder, drug abuse and depression. He carried the scars of self-inflicted injuries, including a deep slash on his right forearm from 2006, after he reported that two other inmates had raped him. A tattoo on each arm depicted a demon’s head — to ward off voices that told him to harm himself, he told people.
Mr. Toll had more than 50 disciplinary infractions, many of them minor. But in one instance, in 2009, when he was off his psychiatric medication, Mr. Toll was accused of throwing scalding water on an officer, which led to his placement in solitary confinement at Riverbend.
A few weeks before he died, he swallowed 97 Tylenol pills, landing him in the hospital for a few days. When he returned to Riverbend, he got into an acrimonious dispute with a guard who had a reputation for taunting inmates, according to former employees of the prison and depositions taken as part of a lawsuit brought by Jane Luna, Mr. Toll’s mother, after his death.
“He was real anxious,” Ms. Luna said of her son, recalling a phone conversation she had with him the Sunday before his death.
Shortly after 9 p.m. that Tuesday, Aug. 17, 2010, Captain Horton assembled a cell extraction team to pull Mr. Toll out so that it could confiscate any containers he could use to throw liquid.
A prison videotape shows how the cell extraction unfolded. (Most prisons and jails monitor extractions by videotaping them, although prison videographers have been known to point cameras at ceilings and floors when they want to hide what is taking place. In this case, the cameras were trained on Mr. Toll, but much was obscured by the bodies of the officers and the darkness of the recreation yard.)
At 9:24 p.m. on the video, Captain Horton can be heard ordering Mr. Toll, who had jammed the cell door, to unblock it.
When he did not — “Let’s get it on, goddamn it,” Mr. Toll said — the team members, dressed in body armor, black jumpsuits and black helmets, moved in, led by Gaelan Doss, a guard weighing more than 450 pounds and carrying a curved stun shield.
As the officers carried Mr. Toll out of the cell — face down, hands cuffed behind his back — Captain Horton threatened to shock him with a Taser if he did not stop moving. The extraction team took Mr. Toll to the farthest cage in the outdoor recreation yard, where they placed him face down on the ground and began to search him, working in the dark with only a single flashlight.
“Please, please. I can’t breathe,” Mr. Toll said.
“Quit resisting, Mr. Toll,” Captain Horton responded.
At 9:33 p.m., Mr. Toll began making snoring noises that a medical expert later said indicated that he had slipped into a coma and was near death. The officers continued to search him.
At 9:38 p.m., Marina Tucker, a nurse who accompanied the extraction team, was called to check on Mr. Toll. When she found that his lips were blue and he did not respond to his name, she began cardiopulmonary resuscitation.
An ambulance was summoned. At 10:32 p.m., Mr. Toll was declared dead.
Protocols and Dangers
Removing a recalcitrant inmate from a cell was once achieved by brute force. Guards in regular uniforms went in and did whatever they needed to subdue a prisoner. But with the rise of super-maximum-security prisons in the 1980s and 1990s, steel and concrete fortresses designed to hold inmates whom politicians called “the worst of the worst,” prison officials codified the procedure to make it safer for officers, using specially trained teams equipped with body armor and less-lethal weapons.
In most jails and prisons, extraction teams are called when an inmate poses an immediate danger — holding a homemade knife or other weapon, for example. Acts of defiance, such as covering the window of a cell, refusing to return a food tray or barricading the door, can also result in an extraction.
Yet despite the addition of formal protocols and protective clothing, the process remains dangerous.
“It’s always violent, and it’s always unsafe for staff. It’s unsafe for inmates,” said Brad Hansen, emergency management supervisor for the Department of Correctional Services in Nebraska.
Officers have been stabbed with homemade knives. They have slipped on cell floors slick with water or shampoo. They have been spit on or bitten by prisoners with H.I.V. or hepatitis C and sustained cuts and bruises from wrestling prisoners to the floor. Dr. Schwartz, the corrections consultant, recalled an officer whose leg was badly cut during the making of a training film on cell extractions.
The highest risk, however, is for prisoners, who wear no body armor and are greatly outnumbered.
Mr. Toll, who had been forcibly removed from a cell once before, described to his mother feeling “like a rag doll.” Todd White, the inmate at Riverbend whose head was slammed into a wall by guards after he was in restraints, said: “You feel helpless. They just come in there and beat the hell out of you and do what they want to do.”
In most jails and prisons, policies on the use of force specify in some detail how an extraction should unfold: An officer, for example, is assigned an inmate’s arm or leg and told to keep that limb under control. But once the team goes in, the reality often bears little resemblance to the paper directives, looking more like a barroom brawl than a tightly orchestrated exercise, said Joseph Garcia, a security consultant.
“It’s chaos,” Mr. Garcia said.
His own method, which has been adopted by some jails and prisons, uses only two officers, and they do not enter the cell. The officers use weapons like Tasers and 12-gauge shotguns that fire less-lethal ammunition to subdue an inmate, and then restrain him. The method is not free of controversy, but Mr. Garcia said that the mother of an inmate might prefer that her son receive a bad bruise on a leg or a Taser shock to having him suffer a broken bone, concussion or worse from a traditional extraction.
As jails and prisons become more populated with mentally ill inmates — in some institutions, 40 percent or more of inmates suffer from mental illness — the situations that provoke extractions have increased. In a system ill equipped to handle psychiatric symptoms, the behavior of inmates is often treated as a disciplinary problem.
Yet for an inmate who is severely mentally ill, the arrival of a cell extraction team is more likely to instill terror than compliance, mental health experts say.
“It’s demeaning, it’s degrading, it’s frightening,” said Dr. Edward Kaufman, a psychiatrist who has worked extensively in prison settings and served as an expert witness in the California lawsuit. He noted that one psychotic inmate in the California case, shown in a video being pepper sprayed multiple times, had delusions that the guards were trying to rape him. The corrections officers kept ordering him to back up to the cell door and place his hands through the port for the handcuffs, increasing the inmate’s fears.
“The guy keeps screaming, ‘Don’t rape me,’ ” Dr. Kaufman said.
Some states, concerned about injuries and aware that mentally ill inmates are more vulnerable, have begun to provide prison staff members with special training. Officers are encouraged to use what Mr. Martin, the corrections consultant, calls “time and distance,” waiting out a situation or negotiating with a prisoner rather than rushing in with a team.
“The use of force, to a certain degree, means you’ve lost,” said Dan J. Pacholke, deputy secretary for operations for the Department of Corrections in Washington, one of several states that have taken steps to try to minimize cell extractions. He added that his department makes extensive use of crisis negotiators and gives staff members special training. Having national standards for how and when cell extractions should be done would help, he said.
Mr. Pacholke noted that most extractions take place in solitary confinement units, where inmates are kept under tight control and have extensive idle time, conditions that exacerbate problematic behaviors. To address this, the department has increased activities for maximum-security prisoners and reduced the number of inmates in isolation. At most, 10 to 12 extractions a month are carried out across the state, he said.
Nebraska’s Department of Correctional Services has also taken steps to reduce the use of extractions.
“We got to the point where we thought that there had to be some other way to do it,” said Mr. Hansen, the Nebraska official. The number of cell extractions carried out in state prisons dropped to 98 in 2013 from a high of 232 in 2008, he said.
Mr. Hansen added that a mental health negotiator is summoned when a disturbed inmate is causing problems, and the department’s policy now dictates that three attempts must be made to talk the prisoner into submitting to restraints before a more aggressive step is taken.
If more severe tactics are required, pepper spray, pumped in from outside the cell, is viewed as preferable to sending in a team of officers, because inmates are more likely to capitulate quickly and no physical combat is involved.
“Cell extractions are the last resort,” Mr. Hansen said.
Examining the Events
Ricky J. Bell, the warden at the time of Mr. Toll’s death, said in a telephone interview that his officers did nothing wrong that night.
“It’s unfortunate that Mr. Toll died in that extraction,” said Mr. Bell, who is now retired. “But I feel the staff did exactly what they should.”
No criminal or disciplinary charges were brought against the officers involved. Last year, a jury in the civil rights lawsuit brought by Ms. Luna found that Mr. Bell, Captain Horton and Mr. Doss were not liable for the death.
“At the end of the day we found 12 jurors who said: ‘He’s an inmate. He’s a criminal. So what?’ ” said David Weissman, one of the two lawyers who argued the case for Ms. Luna.
But former employees of Riverbend who were present that night, as well as three independent corrections consultants and a forensic medical expert who reviewed the videotape of the cell extraction, the autopsy report and other documents at the request of The New York Times, said that Mr. Toll should not have died that night and blamed the way the cell extraction was conducted.
“This was such a needless — clearly, objectively needless — death,” said Mr. Martin, who has testified in use-of-force cases on behalf of both corrections officials who were defendants and inmates who were plaintiffs.
During the course of the extraction, the officers violated training guidelines, applied force in a dangerous manner, ignored clear signs that Mr. Toll was in distress and failed to provide competent emergency care, the former employees and corrections experts said.
Training at the prison was also inadequate, Mr. Weissman said. Mr. Bell, the warden, discontinued refresher courses in cell extraction at Riverbend for budgetary reasons about three years before Mr. Toll’s death, he said in a deposition. Only one officer involved was up-to-date in training, and two had never participated in an extraction before.
A former employee of the prison who was present that night said that the extraction had been mishandled from its start.
“Wrong is wrong,” said the former employee, who spoke on the condition of anonymity for fear of endangering his current job. “It’s wrong in the light and it’s wrong in the dark, and that whole deal was wrong.”
He said that the officers placed far too much pressure on Mr. Toll’s back and upper body, something that training courses routinely warn increases the risk of suffocation.
“I could see they put their knees against him, against the shield on top of him,” the former employee said, adding that it was hot and that Mr. Toll was wearing several layers of clothing, which may have increased his respiratory distress.
Dr. Michael M. Baden, a former chief medical examiner for New York City who reviewed videotape of the extraction, as well as the autopsy report and photographs from the autopsy, said that bruising over Mr. Toll’s windpipe appeared to be from “pressure from hands or an arm squeezing on the neck.”
Other marks on Mr. Toll’s nose, face and forehead, he said, “are typical for an altercation where force is applied to the face.”
The way the extraction team transported Mr. Toll was also problematic, the corrections experts said, running contrary to what is taught in most training courses, which advise against carrying inmates face down by the arms and legs except in an emergency. And although the officers said in legal proceedings that they did not hear Mr. Toll say that he could not breathe, the former employee said that all the officers present that night heard the complaints and ignored them.
Perhaps most troubling, the extraction team took Mr. Toll to the dark recreation yard instead of a well-lighted multipurpose room or another cell, an option prescribed by training procedures. Prison officials said the decision was made to get him away from the other inmates. But the lights in the yard had been broken for three years, the former employee said, and the darkness made it impossible to monitor Mr. Toll’s safety.
“It was a recipe for disaster,” he said.
Even the attempts to provide emergency aid were bungled.
Ms. Tucker, the nurse, placed a piece of medical gauze over Mr. Toll’s mouth when she began rescue breathing, further obstructing his airway. And compressions were not started until well after rescue breathing began, although the current protocol for CPR advises that compressions should be applied first.
In a telephone interview, Ms. Tucker said that her training in CPR predated the current protocol.
She said she had been worried about the way that the officers were carrying Mr. Toll. “They kind of had him upside down, and I thought they were putting strain on his arms and legs,” she said.
Neysa Taylor, a spokeswoman for the Tennessee Department of Correction, declined requests to interview department officials or officers about Mr. Toll’s death. Captain Horton did not respond to interview requests left with his lawyer and the department. Mr. Doss, reached by telephone, refused to comment, and messages left on voice mail and social media for other officers who participated in the extraction were not returned.
Unanswered Questions
After Mr. Toll died, internal-affairs investigators at the prison concluded in their report, obtained by The Times, that Mr. Toll’s death was “in no way caused by the actions of staff.”
But the investigators, corrections experts who reviewed the report said, failed to interview crucial witnesses, did not ask basic questions in the interviews they did conduct and failed to preserve relevant evidence from the scene.
“It was the most incompetent investigation I’ve ever seen,” said Ron McAndrew, a corrections consultant and former warden at the Florida State Prison, who served as an expert witness for the plaintiff in the Toll case.
At least one officer involved in the cell extraction quit his job in part because of the way the investigation was handled.
In a resignation letter sent to Mr. Bell, a copy of which was obtained by The Times, the officer, William Amonette, wrote that he had been treated badly at the prison “ever since I asked questions in your office about the witnesses in the Charles Toll case that were not spoken to by Internal Affairs.”
“I cannot work somewhere where asking questions or trying to do what is right is punished,” he wrote.
The morning after Mr. Toll died, the phone rang at Ms. Luna’s house at 5:30. A man who identified himself as the prison chaplain told Ms. Luna that her son had been found dead in his cell during the night, the cause an apparent heart attack. Nothing was said about the cell extraction.
Since her son’s death, Ms. Luna said, she has found it difficult to move on with her life. She has been too depressed to work. The house she shares with a friend is cluttered with boxes, some filled with legal documents, others with mementos from her son.
“I can’t see a future,” she said. “He was my only child. He was my life, and I can’t seem to find my next step to go on.”
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3) On Subway, Flying Feet Can Lead to Handcuffs
The young dancers, Peppermint and Butterscotch, scanned the scattered faces aboard the New York City subway. One caught their eye.
“Are you a cop?” a performer asked, as their Q train rumbled toward Canal Street. The man waved them off. Peppermint and Butterscotch were satisfied.
“It’s showtime!” they shouted.
Music filled the train. Legs curled around the car’s graspable bars like creeping ivy. Then came a finale that surprised even the dancers: four plainclothes officers converging in tandem, and two sets of handcuffs.
Cheered by tourists, tolerated by regulars, feared by those who frown upon kicks in the face, subway dancers have unwittingly found themselves a top priority for the New York Police Department — a curious collision of a Giuliani-era policing approach, a Bloomberg-age dance craze and a new administration that has cast the mostly school-age entertainers as fresh-face avatars of urban disorder.Arrests of performers have more than quadrupled this year, to 203 through early this month, compared with 48 over the same period last year.
The attention is part of a broader policing strategy in which officers, who often act on complaints from the public, place an emphasis on low-level offenses with a goal of rooting out more serious crime. Long championed by the police commissioner, William J. Bratton, the approach has attracted increased scrutiny this month after a series of high-profile police encounters across the city.
Mayor Bill de Blasio has defended the approach even as some police reform advocates have called for big changes after the death of a Staten Island man, Eric Garner, during an arrest over accusations of selling untaxed cigarettes, a subject of complaints by local businesses.
“If you’re violating the law, I can understand why any New Yorker might say, well that might not be such a big offense or that might not be something that troubles any of us individually,” the mayor said, standing with Mr. Bratton on Monday at City Hall. “But breaking the law is breaking the law.”
In recent days, the police have engaged in a widely publicized clash with the costumed characters of Times Square, including a Spider-Man who punched an officer in the face on Saturday. Mr. Bratton pointed to “something as basic as dealing with the Elmo craze or house parties” as small signs of disorder.
Once emblematic of urban disorder, the subways have been a focus of renewed efforts, drawing significant resources for what Deputy Inspector Edward O’Brien called “a cat-and-mouse game.”
Teams of officers, dressed casually, follow tips from riders or transit personnel and fan out across cars. “They know we’re out there,” said Inspector O’Brien, who heads special operations for the Police Department’s transit bureau and who was on the train in plainclothes when other officers moved in to arrest Peppermint and Butterscotch. “They’re stepping up their game to a certain degree.”
Some arrests for dancing have prompted altercations, including a young woman who tried to bite an officer and an 18-year-old man found with a stun gun. But while the turnstile-jumpers or vandals of decades past were often tied to violent crimes, there is little evidence connecting dancers to deeper misdeeds in the subway system. About a fifth of the dancers arrested this year had open warrants, the police said, though few were for serious offenses. Peppermint, Butterscotch and others have typically been charged with reckless endangerment or disorderly conduct. (Their real names were not released because their cases were later sealed.)
Many dancers look to the subways as training grounds for their acts, hoping to eventually take their talents to higher-profile venues, such as clubs, weddings or open-space hubs like the plaza outside the City Hall station. But even outdoor performances can prove to be a problem: Earlier this month, a team known as Waffle (We Are Family for Life Entertainment) was chased from Union Square by a plainclothes officer. The crackdown has unsettled the group’s second-youngest member, the 8-year-old break-dancer Marc Mack, who aspires to join the police. “I want to be a cop that will let people dance,” he said.
On a recent Friday, dancers shooed riders from a portion of an L train car, planting their amplifier on the floor like an underground flag. “Clear the middle for your safety!” Kennedy Noel, 18, said, adopting the cadences of a transit announcement. “We have no insurance!”
By the end of their performance, most riders had left the train or turned their attention elsewhere. It seemed only a barking Jack Russell terrier mix named Logan paid the dancers any mind.
But with enough riders willing to shell out a few dollars per performance, the young men keep dancing, with the police increasingly in pursuit.
The perpetrators are hard to ignore. Limbs flutter. Shoes soar. Hats spin. Catchphrases fly: “No nation like donation,” riders are reminded.
Most often, it is the city’s visitors or relative newcomers who respond most positively to a show, while longtime residents retain their doubts.
“I love them,” said Szabina Bakos, 26, from Queens by way of Hungary.
“I like local artists,” said Lilian Galiounghi, 31, from Miami.“I always live in fear that some errant foot will hit somebody in the head,” said Joseph J. Lhota, a former chairman of the Metropolitan Transportation Authority, a deputy mayor under Rudolph W. Giuliani and a veteran rider from Brooklyn.
By most accounts, the dancers seem to have multiplied in the past half-decade.
Relying in part on complaints passed on by the authority, undercover officers are dispatched to subway corridors with a known history of performances, often the long runs between boroughs or distant stations.
Among the performers, there are also guidelines enforced internally: No dancing until the L train, often overstuffed, reaches First Avenue. Respect established territories: Some dancers tend to dominate the Broadway line; others subsist on the A or the F. A group with children tends to generate more tips.
The acts and the scripts have changed little over time — “Ladies, if your man can’t do this, leave him!” rings across the years — the routine as endemic to the subway as Dr. Zizmor or the hawkers of cheap batteries.
Though most rivalries tend to be friendly, experienced dancers have chafed at the proliferation of imitators in recent years.
“There’s so many dancers now,” said Andrew Saunders, 20, a member of Waffle, which has largely taken its act outside the subway amid the crackdown. “A lot of people jumped onto the hustle.”
The underground product has grown diluted anyway, Mr. Saunders said, as newcomers rely too heavily on “tricks on the pole.”
Perhaps this is why the moniker “subway acrobat” might rankle the most seasoned dancers. Mr. Bratton began using the term in recent months, though he says he did not coin it.
Some of its earliest usages, as in a 1942 newspaper article, have little connection to the performances of today. A subway rider, the story went, clutched the leather straps of the train car and hoisted himself up, not accounting for the train’s spinning ceiling fan.
The headline: “Subway Acrobat Almost Scalped.”
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4) Citing Fairness, U.S. Judge Acts to Undo a Sentence He Was Forced to Impose
Francois
Holloway has spent nearly two decades of a 57-year sentence in a
federal prison, for serious crimes that no one disputes he committed.
There were armed carjackings, and his participation in an illegal chop
shop, where stolen cars would be dismantled and sold for parts.
But the fairness of the mandatory sentence has been a matter of dispute, not only for Mr. Holloway, but also for a surprising and most effective advocate: the trial judge, John Gleeson.
As Mr. Holloway filed one motion after another trying to get his sentence and his case re-evaluated, Judge Gleeson, of Federal District Court in Brooklyn, began to speak out against those mandatory sentences that he believed were unduly harsh. Mr. Holloway’s 57-year term was more than twice the average sentence in the district for murder in 1996, the year he was sentenced.
More recently, Judge Gleeson began his own campaign on Mr. Holloway’s behalf, writing to Loretta E. Lynch, who is the United States attorney for the Eastern District of New York, to request that she vacate two of Mr. Holloway’s convictions.
The payoff from Judge Gleeson’s efforts will be apparent on Tuesday in a highly unusual hearing, when the judge is expected to resentence Mr. Holloway, who is 57, to time served.
“Prosecutors also use their power to remedy injustices,” Judge Gleeson wrote in a memorandum released on Monday. “Even people who are indisputably guilty of violent crimes deserve justice, and now Holloway will get it.”
Sentencing experts characterized Judge Gleeson’s effort as exceptional, saying it could be a blueprint for judges who want to revisit sentences that are legally required but, in their view, unjustifiably long.
“The normal attitude has been, ‘This is terrible, but the law is the law,’ ” said Douglas A. Berman, a sentencing expert at Ohio State University, referring to severe sentences. Rather than “waiting for Congress to act or waiting for the president to grant massive clemency,” he said, Judge Gleeson appears to believe that this is a problem that federal prosecutors and judges “not only ought to be tackling, but are better positioned to tackle.”
The judge’s effort reflects a softening national view of sentencing, moving away from what is now generally perceived as an over-incarceration problem stemming from the crime wave of the 1980s and ’90s. Some nonviolent drug offenders are getting more lenient treatment, and some 50,000 people in prison for those sorts of offenses may have their sentences reconsidered, in the most sweeping sentencing reform in decades.
But people like Mr. Holloway, who committed violent crimes, have basically been overlooked.
“No one is saying Mr. Holloway didn’t do what he was convicted of doing,” said Harlan J. Protass, who was appointed in May as his lawyer. “No one’s saying there was legal error along the way. This is sort of a case of mercy.”
Mr. Holloway was charged in 1995 with three counts of carjacking and using a gun during a violent crime (even though it was an accomplice, and not Mr. Holloway, who carried the gun), along with participating in the chop shop. The government offered him a plea deal of about 11 years. He turned it down after his lawyer assured him he could win at trial. Mr. Holloway did not win.
For the first conviction on the gun count, the law required Mr. Holloway to receive five years. But for the second and third convictions, the law required 20 years for each one, served consecutively, a requirement known as “stacking,” which some judges and lawyers argue sounds like a recidivism provision, although it can be applied for crimes, like Mr. Holloway’s, committed hours apart that are part of the same trial.
None of Mr. Holloway’s co-defendants, who all pleaded guilty, received more than six years.
At Mr. Holloway’s sentencing in 1996, Judge Gleeson said that “by stripping me of discretion,” the stacked gun charges “require the imposition of a sentence that is, in essence, a life sentence.” (The remainder of the 57 years was the 12 years required for the three carjackings.)
Mr. Holloway went to prison, where he was scheduled to remain until 2045. His appeal in his case, based on how prosecutors had to prove intent under the carjacking law, went to the United States Supreme Court, which affirmed, in a divided vote, his conviction and his sentence.
Last year, Judge Gleeson appealed to Ms. Lynch, pointing out that even the sentencing commission, which coordinates federal sentencing policy, told Congress in 2011 that stacking is “excessively severe and unjust.”
Mr. Protass, Mr. Holloway’s lawyer, discovered two precedents where prosecutors had agreed to drop convictions that prompted stacked sentences, which he used to help persuade the government to vacate the two convictions.
In Montana, a woman named Marion Hungerford accompanied her boyfriend, who was armed, on a spree of seven robberies, holding up casinos and convenience stores. Described in court papers as being “profoundly mentally disabled,” Ms. Hungerford was sentenced in 2005 to a 159-year sentence, 155 of which came from the legally mandated stacked gun charges. After she fought the sentence from prison, and with urging from the judge, the government agreed in 2010 to drop six of those seven gun convictions, and she was resentenced to 93 months.
In another Montana case, a medical marijuana distributor who owned guns was convicted of four counts of possessing a firearm during drug trafficking, along with other charges, which meant an 80-year sentence on the stacked gun charges alone. After the jury verdict but before sentencing, a federal judge pushed prosecutors and the defense to hold a settlement conference, where prosecutors agreed to drop three of those counts. Saying some mandatory minimums were “unfair and absurd,” that judge, Dana L. Christensen, sentenced the defendant, Christopher Williams, to five years.
But Ms. Lynch, the federal prosecutor, declined to vacate the convictions, suggesting that Mr. Holloway could ask for clemency.
In May, Judge Gleeson urged Ms. Lynch to reconsider. Clemency “is not a realistic avenue to justice for Holloway,” the judge wrote, because the Justice Department is prioritizing clemency for nonviolent offenders. He cited Mr. Holloway’s family, his clean disciplinary record and his participation in prison programs as evidence of his rehabilitation and his prospect of a normal post-prison life.
Ms. Lynch acquiesced.
At a hearing on the Holloway case this month, an assistant United States attorney, Sam Nitze, said that “this is both a unique case and a unique defendant,” citing his “extraordinary” disciplinary record and his work in prison.
Also, he said, three of Mr. Holloway’s carjacking victims have said that the 20 years that Mr. Holloway had served in prison was “an awfully long time, and people deserve another chance.”
Mr. Nitze agreed to vacate the two convictions, while emphasizing that this should not be taken as indicative of Ms. Lynch’s view on the stacking provision in other cases.
In his opinion issued last week, Judge Gleeson said that Mr. Holloway’s sentence illustrated a “trial penalty,” where those willing to risk trial could be hit with mandatory minimum sentences “that would be laughable if only there weren’t real people on the receiving end of them.”
Although Mr. Holloway’s federal prison time should be finished on Tuesday, he still owes New York State a minimum of nine more months before he is eligible for parole, stemming from a 1991 drug-selling conviction (he was transferred to federal custody in the carjacking case before he finished that sentence). That means he will most likely be transferred to a New York prison or jail until next year.
Judge Gleeson, though, seemed to feel he had moved the needle.
“There are no floodgates to worry about; the authority exercised in this case will be used only as often as the Department of Justice itself chooses to exercise it, which will no doubt be sparingly,” he wrote in his opinion. “But the misuse of prosecutorial power over the past 25 years has resulted in a significant number of federal inmates who are serving grotesquely severe sentences.”
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5) Israeli Shells Said to Hit School in Gaza, Killing at Least 20
JABALIYA,
Gaza Strip — The strikes came in rapid succession. At around 5 a.m.
Wednesday at a United Nations school at the Jabaliya refugee camp, where
3,300 Palestinians had taken refuge from the fierce fighting in their
Gaza neighborhoods, what appeared to be four Israeli artillery shells
hit the compound.
One hit the street in front of the entrance, according to several witnesses. Two others hit classrooms where people were sleeping.
Palestinian health officials said at least 20 people were killed by what witnesses and United Nations officials said was the latest in a series of strikes on United Nations facilities that are supposed to be safe zones in the 23-day-old battle against Hamas and other militants.
“My house was burned and death followed us here,” said Ahmed Mousa, 50, who was in the school courtyard when the shells hit. “Where am I supposed to go?”Lt. Col. Peter Lerner of the Israeli military said no United Nations facility had been targeted during the operation. A military spokeswoman said Palestinian militants had “opened fire at Israeli soldiers from the vicinity” of the school in the Jabaliya refugee camp Wednesday morning, and that the Israeli troops “responded by firing toward the origins of the fire.”
The military had earlier denied responsibility for 16 deaths last week at a different United Nations school serving as a shelter, in Beit Hanoun, saying that the only piece of Israeli ordnance to hit the school compound, an errant mortar, struck when the courtyard was empty.
Robert Turner, the Gaza-based director of the United Nations Relief and Works Agency, which is sheltering more than 200,000 Palestinians in 85 of its schools, said Wednesday there had been at least five and perhaps seven strikes on the facilities since Israel’s ground operation in Gaza began on July 17. He was still checking reports that a school in the Shati refugee camp and one in the Mamouniya neighborhood of Gaza City had been hit overnight.
“What we’ve seen in our shelters is indicative of what we’ve seen more generally,” Mr. Turner said. “When they started naval bombardment, artillery and tank fire, that’s just not as accurate as airstrikes. They can’t see what they’re shooting at, so we’ve seen more destruction, more damage, more death.”
The Israeli military announced a four-hour humanitarian window Wednesday afternoon but said it would not apply to the areas where soldiers were operating, and that residents should not return to areas they had been asked to evacuate. That only added to the confusion on the ground, after four days of on-again, off-again lulls and mixed messages from various leaders about cease-fire agreements and negotiations.
The “window” was to be from 3 p.m. to 7 p.m., and the military promised in its announcement that troops would “respond to any attempt to exploit this window to harm Israeli civilians” and soldiers.
Hamas rejected the Israeli-declared lull, saying in a statement that it was “just for media consumption and has no value” because it excluded the areas near the border where hostilities continued, making it impossible to evacuate the injured from there.
The Israeli announcement came after it appeared to have intensified its assault overnight, even as Palestinian leaders struggled to coordinate their efforts to pursue some kind of cease-fire through talks in Cairo. The Palestinian death toll since the operation began on July 8 topped 1,250 by midday Wednesday, according to the Gaza-based health ministry; on the Israeli side, 53 soldiers and three civilians have been killed.
Israel struck five mosques overnight that a military statement said “were utilized for terror purposes,” such as storing weapons or providing access to tunnels or lookout points. The military said that it had detonated in the previous 24 hours three more tunnels that Palestinian militants have used to infiltrate its territory.
“The progress is toward an offensive: We are shoring up the targets already reached and are taking over new locations,” Brig. Gen. Motti Almoz, the chief spokesman for the Israeli military, told Army Radio on Wednesday morning. “There are a lot of targets in the Gaza Strip, and we are attacking from the northern to the southern Gaza Strip.”
Israel has hit 4,100 sites in Gaza, 1,566 of them connected to rocket-launching, 167 places that stored weapons and 746 “command-and-control centers,” the Israeli military said in its statement. The military said there had been 2,670 rockets and mortars fired toward Israel, and that about 280 of them had fallen short and landed within Gaza.
Only a handful of sirens signaling incoming rockets sounded in Israel on Wednesday morning, down from more than 100 in previous days. But in Gaza, there was little sign of a letup: An Israeli missile killed 10 members of the Astal family who had huddled in their diwan, or meeting room, according to news reports and the health ministry, among other major strikes.
Jabaliya, a refugee camp just north of Gaza City, has been under intense artillery shelling since Tuesday afternoon, killing 50 people over a 24-hour period, health officials said. Already one of Gaza’s most densely crowded areas, its streets had been packed in recent days with people who fled their homes closer to the border when Israeli troops invaded. More and more had crowded into the Abu Hussein girls’ elementary school.
Mr. Turner of the United Nations said his agency had provided the GPS coordinates of the school to the Israel Defense Forces 17 times, starting July 16 and most recently Tuesday at 8:48 p.m., to ensure it would be spared. Ziad Yousef, who also works for the agency, said the doors were locked at 11 p.m. Tuesday so no one could come or go.
“People who saw that happen are now convinced there are no safe places left,” Mr. Yousef said.
At least four strikes hit in close succession in a straight line across the school compound, indicating artillery fire, according to people who saw the attack; one struck a house behind the school. The drop ceiling of one classroom had collapsed, and the tin roof was peppered with shrapnel holes. The ground was covered with rubble, clothing and pools of blood. Sunlight shone through a hole in the roof of another classroom, also hit by a shell.
At the nearby Kamal Adwan hospital, Saeed Adham stood over the bed of his 15-year-old son, Rizek, whose right leg had been shattered by shrapnel. An X-ray of Rizek’s calf showed bones looking like an archipelago. Mr. Adham said his family was sleeping in a second-floor classroom when a strike shattered the windows, so they ran to a hallway, where a shell hit the roof. As he waited for surgery on his son’s leg, Mr. Adham said his wife and other children remained at Abu Hussein despite the danger. “We have nowhere but the school,” he said.
Mr. Turner’s agency, which in calm times provides education, health care and other services to about 70 percent of Gaza’s 1.7 million residents who are classified as refugees, has found rockets in three of its empty schools during the conflict, most recently on Tuesday. He said that the school attendant who had found the rockets in the third school evacuated shortly afterward and that the agency had been unable to return to the site on Tuesday or Wednesday “because of active fighting” nearby.
Criticized in the two previous incidents by Israel and its supporters for having given the rockets to Gaza-based security officials, Mr. Turner said he hoped that United Nations experts would be able to dispose of the rockets found in the third school.
Robert H. Serry, the United Nations special coordinator for the Middle East peace process, released a statement on Wednesday saying that his agency’s compound in Gaza had also been hit early Tuesday morning “by a number of projectiles which caused damage to the main building and to United Nations vehicles.” A preliminary assessment showed five strikes on the compound and two on the ground outside, the statement said.
Mr. Serry “is deeply concerned about this incident and other violations of United Nations premises during the conflict,” said the statement, which did not directly blame Israel. “We have to remind relevant parties to the conflict of their responsibility to protect United Nations operations, personnel and premises which must remain inviolable.”
Ben Hubbard reported from Jabaliya, and Jodi Rudoren from Jerusalem. Fares Akram contributed reporting from Jabaliya.
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6) Loss of Shelter and Electricity Worsens a Crisis for Fleeing Gazans
GAZA CITY — When artillery shattered their home near the Israeli border, Ibrahim Hillis, a grandfather, rushed his extended family to the city to seek shelter, but the schools were full and relatives’ houses were already packed with others displaced by the war.
So home became a patch of thin grass around a tree trunk behind this city’s central hospital, where his family rigged up sheets to block the sun. Scores of other families had done the same, food and water were scarce, and ambulances bearing the victims of new attacks screamed in day and night.
“We are living in the dirt,” said Mr. Hillis, 73. “There is no work, no money, no medical treatment, and everything is decided by those fighting, so what can we, the people, do about it?”Three weeks of war between Israel and Palestinian militants in Gaza have pushed the territory to the brink of humanitarian disaster. Israel’s military on Tuesday broadened its offensive, bombing 150 sites, and one strike set ablaze the territory’s only power plant, filling the sky with smoke and cutting the electricity needed to pump water and sewage systems as well.
As the Palestinian death toll has risen to more than 1,220, including about 300 children, 22 medical facilities have been damaged and 215,000 people have fled their homes.
The longer the war lasts, the worse it gets.
International efforts to secure even short-term cease-fires have so far failed, and aid groups say indiscriminate battle tactics on both sides have endangered civilians.
“The Israelis and Hamas this time have crossed the Rubicon,” said Stuart Willcuts, the director of Mercy Corps for the West Bank and Gaza. “There is some kind of psychological marker that they have crossed, and they are not going to quit until we don’t know when.”
Even before the war, Gaza’s humanitarian situation was precarious. An Israeli-Egyptian blockade meant to weaken Hamas had decimated the economy, and half the population depended on food aid.
More than a quarter of Gaza’s arable land was considered a buffer zone and was unusable by Palestinians before the war, according to the United Nations. Now, 44 percent of the territory is a no-go zone.
This has increased the pressure on Gaza City, originally home to about a third of Gaza’s 1.7 million Palestinians, but now holding many more who have fled the front lines.
In the stretches of quiet between the recent wars, Gaza City has striven to be like cities elsewhere, but even its finer areas bear scars. Shattered windows mar beachfront hotels, and Israeli airstrikes have collapsed parts of downtown towers.
“Our whole lives have been war,” said Sobhi Salim, 59, sitting with his family in the park of the Unknown Soldier during a lull this week. They had fled the eastern neighborhood of Shejaiya and returned to find their home destroyed, he said, making it unclear where they would go after the war. Three of his nephews had died fleeing the neighborhood, he said, and another had been killed fighting for Hamas.
As he spoke, a man with a plastic toy car outfitted with speakers and lights charged small change to give children rides. A fountain that children often dived in for respite from the heat had stopped working and now held a foot of dirty, green water.
“The violence will never bring a solution if there is not a political agreement,” he said. “They all say, ‘We’ll bring freedom with the rifle,’ but it’s all empty talk.”
Even when the two sides are not at war, Israel has a complicated relationship with Gaza. It insists it has not occupied the territory since withdrawing its troops and settlers in 2005. But it controls Gaza’s borders, sea access, airspace, cellphone frequencies and population registry.
A baby born in Gaza gets an identification number only after approval by Israel.
“It’s a tool of control over people’s lives,” said Sari Bashi, of Gisha, an Israeli advocacy group focused on Gaza. “It’s one of the elements of occupation that did not end in 2005.”
The United Nations and the United States government consider Gaza occupied, though Israel does not.
Throughout the war, Israel has continued to allow food and electricity into Gaza, complicating Palestinian claims that they are besieged.
Ironically, Tuesday’s strike on the Gaza power station will make the territory even more dependent on Israel.
“Today there is no electricity in Gaza,” said Jamal Dardasawi of Gaza’s power company.
The plant would take months to fix, he said, and eight of the 10 lines that bring electricity to Gaza from Israel have been damaged by the war, leaving only a trickle coming in from there and from Egypt.
Mr. Dardasawi blamed Israel for the strike, but Lt. Col. Peter Lerner, an Israeli military spokesman, said Israel had not identified the source of the attack.
“I don’t have a clear picture of what happened there,” he said.
Israel has said the war is necessary to stop rocket fire by Gaza militants on its communities and to destroy a network of tunnels they have used to sneak fighters into Israel to kidnap soldiers. It blames Hamas for the vast destruction and the high civilian death toll, saying the militants fight from residential areas.
But such reasoning angers Gazans, who believe “the resistance” has a right to fight back against a stronger power and say that Hamas’s battle tactics do not justify razing civilian homes.
“Look at where they have forced us to live,” said Mr. Hillis’s wife, Insaf, in the family’s tent behind the hospital. “Every family here has a son or a father or a brother who has been killed, and all of their children will grow up wanting revenge.”
For many people in Gaza, it is the sounds of Israel’s military that fill their days: the ever-present whine of the drones that monitor movements and fire missiles, the deep thump of artillery fired by warships or troops, and the screech of fighter jets that dot the sky with flares and drop bombs that level homes.
There are also phone calls, in Arabic with heavy Hebrew accents, threatening Hamas members, “We will hunt you down no matter where you are!”
Leaflets dropped over the city this week bore a map of Gaza dotted with graves.
“Do you know where the bodies of Hamas and Islamic Jihad elements are?” they read. The back bore a list of dead fighters with a question: “Whose name do you think will be in the next leaflet?”
During the war, Gazans have heard little from Hamas, other than its television or radio stations, which splice jihadi music with news about the “Zionist enemy” and often predict victory “in the next few days.”
As the war continues, most Gazans are just struggling for a safe place to sleep.
About 400 people, all Muslims, have crowded into the Greek Orthodox Church of St. Porphyrius, where Archbishop Alexios has four rules: “Be quiet, be clean, no problems and no weapons.”
The displaced sleep in offices and meeting halls and string their laundry across the courtyard. When it is too dangerous to walk to the mosque, they lay out rugs and pray in the church.
Alaa Sukkar said his family had fled to Gaza City with no place to go and stumbled upon the church, where they had stayed since.
A fighter jet screamed overhead as he spoke, and he blamed Israel for the war and said Hamas had to fire rockets to keep Israel out of Gaza.
But when asked whether the rockets actually did that, he reconsidered.
“The rockets don’t protect us, and the Jews’ tanks and jets don’t protect them,” he said. “The only thing that could protect us would be peace between us.”
Fares Akram contributed reporting from Gaza, and Jodi Rudoren from Jerusalem.
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7) Most in Poll Say Children at Border Merit Relief
Most Americans surveyed in a poll released Tuesday said the United States should give shelter and assistance to children from Central America coming here illegally without their parents while the authorities decide whether they can stay.
In the poll, by the Public Religion Research Institute, a nonpartisan organization that conducts research on religious values in public life, 69 percent of respondents said the children should be treated as refugees and should be allowed to stay “if authorities determine it is not safe for them to return to their home country.”
About a quarter of Americans in the survey, 27 percent, said the minors should be “treated as illegal immigrants” and deported to their home countries.Of those polled, 56 percent said the families of children coming from Central America were acting to keep the young people safe from violence in their home countries. About 38 percent of those polled said the families were “taking advantage of American good will” and trying to stay illegally in the United States.
“There is broad consistency for a policy offering support for the unaccompanied children and a determination process, not just an open door,” said Robert P. Jones, the chief executive of the research institute. “At the same time, there are concerns that policy may bring some negative consequences, and the situation has raised people’s concerns about immigrants over all.”More than 57,000 unaccompanied minors have been detained crossing the southwest border illegally since Oct. 1, most from three countries in Central America — El Salvador, Guatemala and Honduras. About half of the people responding to the poll said they had heard “a lot” about the crisis. In Washington, Congress is debating a request from the White House for $3.7 billion in emergency funds to deal with the surge and considering bills that would accelerate deportations of the youths. With both parties divided on the issues, it was unclear whether any money will be approved before the summer recess begins next week.
Even some Americans who favored refuge for the youths expressed worries about the impact of such a policy, Mr. Jones said. In the poll, 59 percent said allowing children to stay would “encourage others to ignore our laws and increase illegal immigration.”
In a tracking poll by the institute, the share of Americans who regard immigrants as a social burden increased to 42 percent last week from 38 percent in the first week of April, while the share who said immigrants strengthen the country through their hard work fell to 49 percent last week from 54 percent in the first week of April.
But the concerns did not affect broad overall support for Congress to pass legislation with a pathway to citizenship for immigrants already living illegally in the country. Last week support for that option was 58 percent, according to the survey, down only three percentage points from early April.
The poll was bilingual, in English and Spanish, and was based on telephone interviews conducted from last Wednesday to Sunday. Interviews were conducted with a random sample of 1,026 people over 17 in the continental United States, including 512 respondents on cellphones. The margin of error was plus or minus three percentage points.
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8) McDonald’s Ruling Could Open Door for Unions
The general counsel of the National Labor Relations Board ruled on Tuesday that McDonald’s could be held jointly liable for labor and wage violations by its franchise operators — a decision that, if upheld, would disrupt longtime practices in the fast-food industry and ease the way for unionizing nationwide.
Business groups called the decision outrageous. Some legal experts described it as a far-reaching move that could signal the labor board’s willingness to hold many other companies to the same standard of “joint employer,” making businesses that use subcontractors or temp agencies at least partly liable in cases of overtime, wage or union-organizing violations.
The ruling comes after the labor board’s legal team investigated myriad complaints that fast-food workers brought in the last 20 months, accusing McDonald’s and its franchisees of unfair labor practices.
Richard F. Griffin Jr., the labor board’s general counsel, said he found merit in 43 of the 181 claims, accusing McDonald’s restaurants of illegally firing, threatening or otherwise penalizing workers for their pro-labor activities.
In those cases, Mr. Griffin said he would include McDonald’s as a joint employer, a classification that could hold the company responsible for actions taken at thousands of its restaurants. Roughly 90 percent of the chain’s restaurants in the United States are franchise operations.
The fast-food workers who filed cases asserted that McDonald’s was a joint employer on the grounds that it orders its franchise owners to strictly follow its rules on food, cleanliness and employment practices and that McDonald’s often owns the restaurants that franchisees use.
McDonald’s said it would contest the decision, warning that the ruling would affect not only the fast-food industry but businesses like dry cleaners and car dealerships.
Heather Smedstad, a senior vice president for McDonald’s, said the N.L.R.B.’s move was wrong because the company does not determine or help determine decisions on hiring, wages or other employment matters. “McDonald’s also believes that this decision changes the rules for thousands of small businesses, and goes against decades of established law,” she said.
Throughout the debate to increase the minimum wage to $10.10 an hour, as well as the campaign to pressure McDonald’s and other restaurant chains to adopt a $15 wage floor, the companies have said that they do not set employee wages, that the franchise owners do. The N.L.R.B.’s decision would weaken that defense considerably.
Wilma Liebman, a former chairwoman of the National Labor Relations Board under President Obama and now an occasional consultant to unions, said the decision could give fast-food workers and labor unions leverage to get the company to negotiate about steps that would make it easier to organize McDonald’s restaurants. Similarly, she said, the ruling could give the workers and unions more clout in pressing McDonald’s to have its franchisees raise wages.
And in an era when companies increasingly use subcontractors and temp agencies to free themselves of employment decisions and headaches, experts said the ruling could force the companies to be more accountable.
“Employers like McDonald’s seek to avoid recognizing the rights of their employees by claiming that they are not really their employer, despite exercising control over crucial aspects of the employment relationship,” said Julius Getman, a labor law professor at the University of Texas. “McDonald’s should no longer be able to hide behind its franchisees.”
The next phase will unfold before administrative law judges hearing the employees’ claims. If the judges rule against McDonald’s on the joint-employer finding and the labor violations claimed, the company is likely to appeal to the full five-member labor board in Washington. Given that McDonald’s is arguing that the legal counsel’s ruling goes against three decades of law, the case could ultimately wind up before the Supreme Court.
The cases filed with the N.L.R.B. grew out of the five one-day strikes demanding a $15 wage that fast-food workers conducted against McDonald’s and other fast-food restaurants beginning in November 2012. Over 100 workers complained to the board, saying that they had been fired, had their hours cut or were otherwise punished for the protests.
In a statement, Angelo Amador, vice president for labor and work force policy for the National Restaurant Association, called the ruling another example of the Obama administration’s agenda against small businesses. The decision, he said, “overturns 30 years of established law regarding the franchise model in the United States, erodes the proven franchisor-franchisee relationship, and jeopardizes the success of 90 percent of America’s restaurants who are independent operators or franchisees.”
In 1982, a federal appeals court, echoing the labor board at the time, said that a company was to be considered a joint employer in situations where two or more employers exerted “significant control” over the same employees. In the years since, the board has adopted a narrower standard, holding that a company could be deemed a joint employer only when it directly controlled, for instance, a franchisee’s or a temp agency’s employment practices.With the decision on Tuesday, Mr. Griffin appears to be embracing the earlier “significant control” standard.
In the current cases, the fast-food workers, backed by the Service Employees International Union, said that McDonald’s had significant control over its franchisees’ employment practices, noting that it supplies many with software telling them how many employees to use at any given hour. The workers pointed to an instance in which McDonald’s even told a franchise owner that it was paying its employees too much. The average fast-food wage is about $8.90 an hour.
In a news release, the labor board said Mr. Griffin had dismissed 68 of the 181 cases filed.
The board said he was still investigating 64, while his office found that 43 had merit. Mr. Griffin is expected to try to reach a settlement with McDonald’s on those cases.
The Associated Press first reported the ruling on Tuesday.
David French, senior vice president with the National Retail Federation, said the decision confirmed the labor board was “just a government agency that serves as an adjunct for organized labor, which has fought for this decision for a number of years as a means to more easily unionize entire companies and industries.”
But lawyers for the workers asserted that considering McDonald’s influence over its franchisees, the decision merely recognized reality.
“McDonald’s can try to hide behind its franchisees, but today’s determination by the N.L.R.B. shows there’s no two ways about it: The Golden Arches is an employer, plain and simple,” said Micah Wissinger, a lawyer who filed complaints on behalf of several McDonald’s employees in New York. “The reality is that McDonald’s requires franchisees to adhere to such regimented rules and regulations that there’s no doubt who’s really in charge.”
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9) At Behest of Judge, U.S. Shortens Man’s 57-Year Mandatory Sentence
A
Queens man who had been serving a 57-year mandatory federal prison
sentence was resentenced on Tuesday to time served, capping a judge’s extraordinary efforts to undo the damage from what he believed was a grossly excessive sentence.
The resentencing hearing came to be only after the judge, John Gleeson, persuaded Loretta E. Lynch, the United States attorney for the Eastern District of New York, to vacate two of the three convictions against Francois Holloway, who had been prosecuted on carjacking and other charges.
Judge Gleeson, who presided over the hearing on Tuesday, did not argue that Mr. Holloway, 57, was innocent; his petition was based on what he called the unfairness of Mr. Holloway’s mandatory sentence, which was calculated using a requirement known as “stacking.” The provision, which some judges and lawyers argue is intended more as a recidivism measure, was applied to Mr. Holloway even though his crimes were committed hours apart.“You displayed hope for me and my family, and the family that I have yet to meet,” Mr. Holloway told Judge Gleeson at the hearing at Federal District Court in Brooklyn. “You will not regret this.”
Mr. Holloway was charged in 1995 with three counts of carjacking and using a gun during a violent crime (even though it was an accomplice, not Mr. Holloway, who carried the gun), along with participating in a chop shop.
Prosecutors offered him an 11-year plea deal that he turned down after his lawyer persuaded him that he would be acquitted at trial. Mr. Holloway lost.
For the first conviction on the gun count, the law required Mr. Holloway to receive five years. But for the second and third convictions, the law required 20 years for each one, served consecutively, in accordance with the stacking requirement.
Since prosecutors agreed last week to vacate two of the three convictions, the stacking provision no longer applied to Mr. Holloway.
“A prosecutor who says nothing can be done about an unjust sentence because all appeals and collateral challenges have been exhausted is actually choosing to do nothing about the unjust sentence,” Judge Gleeson wrote in a memorandum about Ms. Lynch’s decision released on Monday. “Some will make a different choice, as Ms. Lynch did here.”
All of Mr. Holloway’s co-defendants pleaded guilty and served no more than six years.
Mr. Holloway, who was to have remained in prison until 2045, was given a sentence in 1996 that was more than twice the average sentence in the district for murder that year.
Although Mr. Holloway’s federal prison time was satisfied as a result of the resentencing, he will not walk out a free man just yet. He still owes New York State a minimum of nine months before he is eligible for parole, stemming from a 1991 drug-selling conviction. He will also be placed under five years of supervised release, and must perform 100 hours of community service.
Mr. Holloway’s lawyer, Harlan J. Protass, said his client intended to get a commercial driver’s license and work for a trucking company once he was released.
“Second looks in the federal criminal justice system just don’t happen — ever,” Mr. Protass said. “Except when they do.”
Mr. Holloway, in court on Tuesday, waved at the three relatives who attended the hearing, and then smiled.
“Do you know how many funerals he missed? Seven,” his aunt, Sedatrius Hill, 63, said. “How many births he wasn’t there for? So many. He missed 20 years of his life.”
The last word went to Judge Gleeson, who spoke directly to Mr. Holloway.
“It says something about you that you are thanking me and the U.S. attorney’s office,” he said. “But it’s important that you know that this is not an act of grace. It’s an effort to do what we’re here to do: be fair and exercise justice. You have been given back 30 years of your life. All I have to say is, make it count.”
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10) The F.D.A.’s Blatant Failure on Food
EVERY year, antibiotic-resistant infections kill at least 23,000 Americans and make another two million sick, according to the Centers for Disease Control and Prevention. That’s why a recent ruling by the United States Second Circuit Court of Appeals is so appalling.
It allows the federal Food and Drug Administration to leave an antibiotic used in animal feed on the market even if the agency openly states that the drug’s use is not safe and increases the risk of antibiotic resistance in people. This means that the dangerous misuse of antibiotics in industrial livestock and poultry can continue unabated.
For years industrial meat and poultry producers have fed healthy animals antibiotics to fatten them up fast. The antibiotics also prevent disease in what are often overcrowded, unsanitary conditions. This practice breeds antibiotic-resistant bacteria that threaten us all.
The F.D.A. has issued a toothless voluntary guidance document for the industry, which requires no action to reduce antibiotic use and will therefore do little to nothing to stop the spread of antibiotic-resistant superbugs.
Why should we be concerned? Because the superbugs bred on industrial farms can easily travel to us in our food — as in the recent antibiotic-resistant salmonella outbreak linked to Foster Farms chicken that has sickened over 600 people. The superbugs also get into our water and our soil. Some of the antibiotic-resistant bacteria can cause life-threatening infections.
While prescribing unnecessary antibiotics to people is one widely known cause of the problem, the C.D.C. and leading medical groups have identified the misuse of drugs in livestock and poultry operations as another important contributor. Dr. Thomas R. Frieden, the C.D.C. director, has said of antibiotic resistance, “If we don’t act now, our medicine cabinet will be empty and we won’t have the antibiotics we need to save lives.” That’s a truly terrifying prospect.
And it’s one we don’t need to face. Although many industrial farmers claim that cleaning up their act will cost the rest of us at the cash register, responsible producers from Missouri to Denmark are already raising healthy livestock and poultry at competitive prices without the use of unnecessary drugs. Some mainstream food companies and their suppliers are starting to move in that direction, but it’s time all of the big meat and poultry firms joined them.
A fifth-generation pork producer, Russ Kremer of Missouri, is showing the way. In 1989, after an antibiotic-resistant infection from one of his pigs nearly killed him, he realized the danger of his antibiotic-dependent methods and decided to start over. He now raises pigs the natural way — free-roaming and without drugs — for his company, Heritage Acres Food. Today, buyers of his pork include Chipotle and Costco. He also leads a thriving pork cooperative, showing dozens of producers that they, too, can make similar conversions at a profit.
And Mr. Kremer is hardly alone. In Denmark, one of the world’s largest pork exporters, industrial farmers have cut overall antibiotic use by more than 40 percent while increasing production. The European Union, with its additional 27 member nations, also prohibits the misuse of growth-promoting antibiotics.
While the F.D.A. continues to drag its feet, it’s time for cooks and consumers to step in. We can play an important, proactive role in protecting against superbugs by changing the marketplace. Insist that your supermarkets stock meat and poultry raised without antibiotics. Demand that your restaurants do the same. An increasing number of major food companies, including Whole Foods, Chick-fil-A, Chipotle, Applegate and Panera Bread, have gotten on board, proof that as we vote with our wallets and our roasting pans, producers will rise to meet us.
Food should be delicious. It should also be good for you. We shouldn’t have to worry that we’re endangering our health each time we put a morsel of meat into our mouths. Rather than protecting the unsafe practices of the country’s animal agriculture industry, it’s time the F.D.A. followed its mandate and put America’s health first.
Ruth Reichl, a food writer and author, is a former restaurant critic for The New York Times and editor of Gourmet.
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11) Netanyahu Vows to Continue Destroying Gaza Tunnels
JERUSALEM
— Prime Minister Benjamin Netanyahu of Israel said on Thursday that he
would not agree to any cease-fire proposal that does not allow the
Israeli military to complete its mission of destroying Hamas’s tunnel
network in Gaza.
“So far we have neutralized tens of terror tunnels,” Mr. Netanyahu said in televised remarks at the start of a government meeting at military headquarters in Tel Aviv. “We are determined to continue to complete this mission with or without a cease-fire,” he added.
Maj. Gen. Sami Turgeman, the chief of the Israeli military’s southern command, said on Wednesday that it would take “a few more days” to destroy the tunnels that Israel had already located, many of which run beneath the border into Israeli territory.As the Israeli operation extended into its 24th day, and in the absence of any quick progress in international efforts to forge a cease-fire deal, the Israeli military said it had called up an additional 16,000 reserve soldiers, bringing the total number of those called up to 86,000. A military official said the move was meant “to maintain the army’s preparedness and flexibility” and to allow other reservists to take a break. He said it did not signify plans for any immediate broadening of the ground invasion.
Hamas’s military wing in Gaza has so far indicated that it would reject any cease-fire that allows Israel’s forces to continue operating inside the Gaza Strip. Israeli analysts say that if no deal is reached by the time Israel has completed its work on the tunnels, the government will have to decide between unilaterally withdrawing the ground forces or expanding the goals of the operation and going deeper into Gaza.
Hamas officials in hiding in Gaza issued statements responding to Mr. Netanyahu’s remarks as the Palestinians worked to put together a delegation for possible cease-fire talks in Cairo.
“The Israeli prime minister is in crisis due to the strikes of the resistance and he is seeking an exit,” Khalil Al-Hayya, a leader in the group’s political wing, said in a statement. “His only exit is accepting the conditions set by the resistance.”
Fawzi Barhoum, a spokesman for Hamas, said: “Netanyahu is gambling with his people and pushing his army to the unknown to maintain his stature, position and allies regionally and internationally. They fooled him and pushed him to a loser’s war with uncalculated consequences.”
At least nine Palestinians were killed in Israeli airstrikes and shelling early Thursday, according to health officials in Gaza, bringing the Palestinian death toll to 1,370, with many civilians among the dead. Israel began its aerial offensive on July 8 and sent in ground forces on July 17, with the stated goals of quelling heavy rocket fire from Gaza into Israel and severely damaging Hamas’s fortified tunnel network in the Palestinian coastal enclave.
On the Israeli side 56 soldiers have been killed in the ground war and two Israeli civilians and a Thai agricultural worker have been killed by rocket and mortar fire. Rocket fire into southern Israel continued on Thursday.
The Israeli military also said its forces spotted a militant emerging from a tunnel shaft in the northern Gaza Strip on Thursday morning and killed him, and that another force spotted a squad of five militants who were then targeted in an airstrike.
The Israeli security cabinet agreed on Wednesday “to continue the operation against Hamas,” especially focusing on its tunnel network, an Israeli government official said, describing the destruction of the tunnels as “crucial” for Israel because they threaten Israeli civilian communities along the border with Gaza.
The official, who was speaking on the condition of anonymity because he was not authorized to discuss the issue publicly, also said that Israel would continue, in coordination with the United Nations, to allow temporary humanitarian pauses in the fighting.
But one such four-hour lull declared by Israel on Wednesday created confusion and ended with multiple casualties. At least 17 Palestinians were reported killed and as many as 200 were wounded when multiple shells hit an area in the Shejaiya neighborhood of east Gaza City, which residents thought was temporarily safe but the Israelis considered part of a combat zone.
Israel had said that the lull did not apply in areas where it was operating in Gaza and where hostilities were continuing. Hamas had immediately rejected the pause, saying it was worthless because it did not allow for the removal of injured from those areas.
Isabel Kershner reported from Jerusalem and Fares Akram from Gaza.
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12) U.N. Says ‘Evidence’ Points to Israel in Gaza School Attack
UNITED
NATIONS — Secretary General Ban Ki-moon said on Wednesday that “all
available evidence” suggested that Israeli artillery had hit a United
Nations school in Gaza full of civilians who thought they were in a safe
zone.
“Nothing is more shameful than attacking sleeping children,” the secretary general told reporters in San Jose, Costa Rica, according to a transcript provided by his office. It was Mr. Ban’s strongest comments to date on attacks on United Nations installations in Gaza, where Palestinians have been taking shelter. Six United Nations staff members have been killed in the current conflict so far.
United Nations officials said that they had informed Israel 17 times of the precise location of the school and that there were civilians sheltering there, including once at 8:50 p.m., just hours before the attack on Wednesday.
Responding to Israeli statements that its soldiers were responding to rocket fire from near the school, the United Nations deputy secretary general, Jan Eliasson, drew attention to the Geneva Convention, which in laying out the rules of war unequivocally prohibits attacks on schools and hospitals.
“This is a moment where you really have to say ‘enough is enough,’ and you have to search for the right words to convince those who have the power to stop this,” Mr. Eliasson said.
Israeli soldiers need to consider where civilians are seeking refuge, even as they retaliate against Hamas rockets, Mr. Eliasson told reporters at an emotionally charged briefing at United Nations headquarters. The vast majority of those killed in Gaza have been civilians, he said, in sharp contrast to Israel, where only a handful of civilians have been killed and soldiers have made up the majority of the death toll.
Asked repeatedly whether Israel would be held accountable for possible war crimes, Mr. Eliasson would say only: “The scale of the response is of such a violent nature, questions of accountability come up.”
Sandwiched between the sea and the Israeli and Egyptian borders, Gazans basically have nowhere to run except to United Nations compounds, where they hope for protection, Mr. Eliasson said. Some 1.7 million people live in Gaza, a strip of land that he equated to the size of metropolitan Detroit or Washington.
He said also that officials in Mr. Ban’s office were drafting a series of options to protect civilians, in response to a vague request from the Palestinian Authority president, Mahmoud Abbas, for an international protection force. Security Council diplomats had asked Mr. Ban’s office to present options, and his legal advisers had met with Palestinian diplomats in recent days, but they were still far from coming up with anything specific. Among the parallels that have been floated are examples of international troops dispatched to East Timor and Kosovo.
United Nations diplomats have said privately that nothing of the sort can happen before a cease-fire and a promise from Hamas to stop firing rockets at Israel.
“We have discussed the issue with the Security Council,” Mr. Eliasson said. “It’s not an easy thing to think about.”
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13) Fourteen More Brooklyn Convictions Linked to Scarcella Are Examined
The Brooklyn district attorney’s office has identified 14 more cases on which the former New York City police detective Louis Scarcella worked, expanding the scope of the office’s broad inquiry into Mr. Scarcella’s work.
The additional cases emerged as investigators considered different spellings of Mr. Scarcella’s name while poring over records, and as they examined cases on which Mr. Scarcella’s longtime partner, Detective Stephen W. Chmil, was listed as the lead detective, making Mr. Scarcella’s involvement less obvious, Helen Peterson, a spokeswoman for Kenneth P. Thompson, the district attorney, said on Wednesday.
The newly uncovered cases bring to 71 the number of cases connected to Mr. Scarcella that the office’s conviction-review unit is investigating; the unit is also investigating about 30 other problematic cases. Most of them date back to the 1980s and ’90s.
The district attorney’s office began looking into Mr. Scarcella’s cases last year under Mr. Thompson’s predecessor, Charles J. Hynes, after questions were raised about Mr. Scarcella’s methods, such as his repeated reliance on a crack-addicted eyewitness and confessions that suspects said they had never given.
Mr. Scarcella has denied any wrongdoing.
While all of the murder cases resulting in convictions that Mr. Scarcella worked on are being examined as a matter of policy, lawyers, people who were convicted and their friends or family members can ask the unit to review cases that involve what they believe were improperly obtained convictions.
Mr. Thompson’s office has so far vacated the murder convictions of seven men whose cases the unit reviewed. Seventeen convictions have been upheld.
The emergence of the 14 added cases tied to Mr. Scarcella was first reported by The Daily News.
When Mr. Thompson took office in January, he expanded the conviction-review unit to 10 lawyers from two, and added three detective investigators. He also added a three-person review panel of outside lawyers and appointed a Harvard Law School professor, Ronald S. Sullivan Jr., as a consultant to the unit. In investigating a case, the unit’s staff may interview the original witnesses, revisit the crime scene or comb through files looking for evidence that may not have been presented at the trial. Once the unit has finished its inquiry, it prepares a report, and the outside panel weighs in before Mr. Thompson makes a final decision.
Mr. Scarcella is linked to four of the seven convictions that Mr. Thompson has vacated this year. Three of the four men involved in those cases were cleared chiefly because the unit deemed a crack addict that Mr. Scarcella used as the central witness against them “extremely problematic,” as a conviction-review unit lawyer, Mark Hale, said in court.
In the fourth case, Mr. Thompson vacated the murder conviction of Roger Logan after the conviction-review unit uncovered various problems with the prosecution. Among other things, the unit’s lawyers found documents that showed that a key witness was in jail when she claimed to have observed Mr. Logan just before the murder in question. Mr. Scarcella had interviewed Mr. Logan soon after the murder. After his conviction was vacated, Mr. Logan told reporters that Mr. Scarcella had “framed” him.
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Bay
Area United Against War Newsletter
Table
of Contents:
A.
EVENTS AND ACTIONS
B. ARTICLES IN FULL
B. ARTICLES IN FULL
C.
SPECIAL APPEALS AND ONGOING CAMPAIGNS
D.
VIDEO, FILM, AUDIO. ART, POETRY, ETC.
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A.
EVENTS AND ACTIONS
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Important Updates on Events this Weekend, Aug. 1-3
1. The event scheduled to take place at the ANSWER Coalition Office on Sun. Aug. 3 is CANCELLED as the Northern California Memorial for Yuri Kochiyama will take place that day.
Following is the announcement of the memorial from the Kochiyama Family:
Northern California Memorial for Yuri Kochiyama
August 3, 2014 (Sunday) - 2 to 4:30pm
Scottish Rite Center, 4th Floor Auditorium, 1547 Lakeside Drive, Oakland
Located near Lake Merritt, there are nearby parking garages/lots and 3 BART stations - the closest one being the Lake Merritt BART. Due to seating limitations at the venue, the family requests that you do not post this announcement on social media or foward to large email lists. Thanks so much.
2. There are many upcoming actions protesting the ongoing U.S.-backed Israeli massacre in Gaza. Yesterday, the Pentagon announced that it is resupplying the Israeli occupation forces with mortar rounds, grenades and other ammunition.
Fri. Aug. 1, 1pm: Emergency Prayer Rally, UN Plaza (Market St. bet. 7th and 8th Sts., SF). Sponsored by American Muslims for Palestine. Followed by a march to the Israeli Consulate, 456 Montgomery St.
Fri. Aug. 1, 7pm: Public Forum "Palesine Resists Israeli Assault," 2969 Mission St., SF. Sponsored by the Party for Socialism and Liberation.
Sat. Aug. 2: National March on the White House in Washington, D.C. with a parallel protest in Los Angeles, 1pm, Westwood Federal Building (11000 Wlishire Blvd.). More info: www.ANSWERcoalition.org
Sat. Aug. 2, 12 noon: "From Mexico to Palestine: Tear down the borders and let the children run free of violence and oppression." March from 16th and Mission Sts. to 24th and Mission Sts., SF
Sat. Aug. 2, 1pm: Rally for Gaza, Old Courthouse Square, Santa Rosa
PLEASE NOTE: The Sat. Aug. 2 Port of Oakland "Block the Boat" action has been postponed. More info about an action in the near future will be available soon.
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Important Updates on Events this Weekend, Aug. 1-3
1. The event scheduled to take place at the ANSWER Coalition Office on Sun. Aug. 3 is CANCELLED as the Northern California Memorial for Yuri Kochiyama will take place that day.
Following is the announcement of the memorial from the Kochiyama Family:
Northern California Memorial for Yuri Kochiyama
August 3, 2014 (Sunday) - 2 to 4:30pm
Scottish Rite Center, 4th Floor Auditorium, 1547 Lakeside Drive, Oakland
Located near Lake Merritt, there are nearby parking garages/lots and 3 BART stations - the closest one being the Lake Merritt BART. Due to seating limitations at the venue, the family requests that you do not post this announcement on social media or foward to large email lists. Thanks so much.
2. There are many upcoming actions protesting the ongoing U.S.-backed Israeli massacre in Gaza. Yesterday, the Pentagon announced that it is resupplying the Israeli occupation forces with mortar rounds, grenades and other ammunition.
Fri. Aug. 1, 1pm: Emergency Prayer Rally, UN Plaza (Market St. bet. 7th and 8th Sts., SF). Sponsored by American Muslims for Palestine. Followed by a march to the Israeli Consulate, 456 Montgomery St.
Fri. Aug. 1, 7pm: Public Forum "Palesine Resists Israeli Assault," 2969 Mission St., SF. Sponsored by the Party for Socialism and Liberation.
Sat. Aug. 2: National March on the White House in Washington, D.C. with a parallel protest in Los Angeles, 1pm, Westwood Federal Building (11000 Wlishire Blvd.). More info: www.ANSWERcoalition.org
Sat. Aug. 2, 12 noon: "From Mexico to Palestine: Tear down the borders and let the children run free of violence and oppression." March from 16th and Mission Sts. to 24th and Mission Sts., SF
Sat. Aug. 2, 1pm: Rally for Gaza, Old Courthouse Square, Santa Rosa
PLEASE NOTE: The Sat. Aug. 2 Port of Oakland "Block the Boat" action has been postponed. More info about an action in the near future will be available soon.
Aug. 2 National March on the White House
Stop the Massacre in Gaza!
Saturday, Aug. 2, 1:00pm
Gather at the White House
Washington, D.C.
Transportation is being organized from all over the country
Yesterday, Israeli Defense Forces deliberately targeted a group of children playing soccer on a Gaza beach, killing four from the same family and maiming the others—another war crime committed against the Palestinian people.
Join thousands of people in a National March on the White House on Saturday, August 2 at 1:00pm to condemn the Israeli massacre in Gaza.
We have been in the streets every day in cities around the country. What is needed now is a massive National March on Washington.
Israel receives $4 billion in “aid” from the United States each year. This money is being used to commit war crimes against the Palestinian people in Gaza. We are demanding that all U.S aid to Israel be ended now!
More than 200 people in Gaza have been killed and more than 1,500 have been wounded from Israeli bombs and missiles. This has to end!
Join us to demand:
Stop the massacre in Gaza! End the blockade of Gaza!
End all U.S. aid to Israel!
End the colonial occupation!
Co-sponsors: ANSWER Coalition; American Muslims for Palestine (AMP); Council on American-Islamic Relations (CAIR); American Muslim Alliance (AMA); Al-Awda: Palestine Right to Return Coalition; Al-Awda: Palestine Right to Return Coalition - New York; Code Pink; Muslim Legal Fund of America; World Can't Wait; Partership for Civil Justice; MAS Immigrant Justice Center; UNAC - United National Antiwar Coalition; Islamic Circle of North America (ICNA).
#2DC4Gaza #LetGazaLive #FreePalestine #Protest4Palestine
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Jews for Palestinian Right of Return
Jews for Palestinian Right of Return, July 22, 2014
On July 12, 2014, Gaza civil society issued an urgent appeal for solidarity, asking: "How many of our lives are dispensable enough until the world takes action? How much of our blood is sufficient?"
As Jews of conscience, we answer by unequivocally condemning Israel's ongoing massacre in Gaza, whose victims include hundreds of civilians, children, entire families, the elderly, and the disabled. This latest toll adds to the thousands Israel has killed and maimed since its supposed withdrawal from the Gaza Strip in 2005.
In response to this crisis, we urgently reaffirm our support for a ban on all military and other aid to Israel.
In 1967, Dr. Martin Luther King Jr. opposed the Vietnam War with his famous declaration: “For the sake of the hundreds of thousands trembling under our violence, I cannot be silent.”
Today, *we* cannot be silent as the “Jewish state" -- armed to the teeth by the U.S. and its allies -- wages yet another brutal war on the Palestinian people. Apartheid Israel does not speak for us, and we stand with Gaza as we stand with all of Palestine.
In the face of incessant pro-Israel propaganda, we heed Malcolm X's warning: “If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing.”
For Israel's relentless war on Gaza is no more an act of "self-defense" than such infamous massacres as Wounded Knee (1890), Guernica (1937), the Warsaw Ghetto (1942), Deir Yassin (1948), My Lai (1968), Soweto (1976), Sabra and Shatila (1982), or Lebanon (2006).
Rather, it is but the latest chapter in more than a century of Zionist colonialism, dispossession, ethnic cleaning, racism, and genocide -- including Israel's very establishment through the uprooting and displacement of over 750,000 Palestinians during the 1947-1948 Nakba. Indeed, eighty percent of the 1.8 million people sealed into Gaza are refugees.
Like any colonial regime, Israel uses resistance to such policies as an excuse to terrorize and collectively punish the indigenous population for its very existence. But scattered rockets, fired from Gaza into land stolen from Palestinians in the first place, are merely a response to this systemic injustice.
To confront the root cause of this violence, we call for the complete dismantling of Israel's apartheid regime, throughout historic Palestine -- from the River to the Sea. With that in mind, we embrace the 2005 Palestinian call for Boycott, Divestment and Sanctions (BDS) campaign, which demands:
* An end to Israeli military occupation of the 1967 territories
* Full equality for Palestinian citizens of Israel
* Right of return for Palestinian refugees, as affirmed by UN resolution 194
Jews Say: End the War on Gaza
No Aid to Apartheid Israel! BDS!
(With 200 initial signers)
Jews Say: End the War on Gaza — No Aid to Apartheid Israel!
On July 12, 2014, Gaza civil society issued an urgent appeal for solidarity, asking: "How many of our lives are dispensable enough until the world takes action? How much of our blood is sufficient?"
As Jews of conscience, we answer by unequivocally condemning Israel's ongoing massacre in Gaza, whose victims include hundreds of civilians, children, entire families, the elderly, and the disabled. This latest toll adds to the thousands Israel has killed and maimed since its supposed withdrawal from the Gaza Strip in 2005.
In response to this crisis, we urgently reaffirm our support for a ban on all military and other aid to Israel.
In 1967, Dr. Martin Luther King Jr. opposed the Vietnam War with his famous declaration: “For the sake of the hundreds of thousands trembling under our violence, I cannot be silent.”
Today, *we* cannot be silent as the “Jewish state" -- armed to the teeth by the U.S. and its allies -- wages yet another brutal war on the Palestinian people. Apartheid Israel does not speak for us, and we stand with Gaza as we stand with all of Palestine.
In the face of incessant pro-Israel propaganda, we heed Malcolm X's warning: “If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing.”
For Israel's relentless war on Gaza is no more an act of "self-defense" than such infamous massacres as Wounded Knee (1890), Guernica (1937), the Warsaw Ghetto (1942), Deir Yassin (1948), My Lai (1968), Soweto (1976), Sabra and Shatila (1982), or Lebanon (2006).
Rather, it is but the latest chapter in more than a century of Zionist colonialism, dispossession, ethnic cleaning, racism, and genocide -- including Israel's very establishment through the uprooting and displacement of over 750,000 Palestinians during the 1947-1948 Nakba. Indeed, eighty percent of the 1.8 million people sealed into Gaza are refugees.
Like any colonial regime, Israel uses resistance to such policies as an excuse to terrorize and collectively punish the indigenous population for its very existence. But scattered rockets, fired from Gaza into land stolen from Palestinians in the first place, are merely a response to this systemic injustice.
To confront the root cause of this violence, we call for the complete dismantling of Israel's apartheid regime, throughout historic Palestine -- from the River to the Sea. With that in mind, we embrace the 2005 Palestinian call for Boycott, Divestment and Sanctions (BDS) campaign, which demands:
* An end to Israeli military occupation of the 1967 territories
* Full equality for Palestinian citizens of Israel
* Right of return for Palestinian refugees, as affirmed by UN resolution 194
Initial Signers (list in formation; organizations,
schools and other affiliations shown for identification only:
*Co-founder, Jews
for Palestinian Right of Return) ; Avigail Abarbanel,
Psychotherapist; editor, Beyond Tribal Loyalties: Personal Stories of Jewish
Peace Activists (2012, Cambridge Scholars), Inverness, Scotland; Noa Abend,
Boycott From Within; Stephen Aberle, Independent Jewish Voices; Vancouver,
BC; Lisa Albrecht, Ph.D. Social Justice Program, University of Minnesota; Anya
Achtenberg, novelist and poet; teacher; activist; International Jewish
Anti-Zionist Network; Mike Alewitz, Associate Professor, Central CT State
Unversity; Artistic Director, Labor Art & Mural Project; Zalman Amit, Distinguished
Professor Emeritus; Author, Israeli Rejectionism; Anthony
Arnove, International Socialist Organization; Gabriel Ash, International Jewish
Anti-Zionist Network, Switzerland; Ted Auerbach, Brooklyn for Peace; Anna
Baltzer, author and organizer; Ronnie Barkan, Co-founder, Boycott
from Within, Tel-Aviv; Judith Bello, Administrative Committee, United
National Antiwar Coalition; Lawrence Boxall, Independent Jewish Voices, Canada;
Vancouver Ecosocialist Group; Linda Benedikt, writer Munich, Germany; Nora
Barrows-Friedman, journalist; Oakland; Prof. Jonathan Beller, Humanities and
Media Studies Graduate Program in Media Studies, Pratt Institute, Brooklyn; Medea
Benjamin, co-founder, CODEPINK; Rica Bird, Joint Founder, Merseyside Jews for
Peace and Justice; Audrey Bomse, Co-chair, National Lawyers Guild Palestine
Subcommittee; Prof. Daniel Boyarin, Taubman Professor of Talmudic Culture, UC
Berkeley; Lenni Brenner, Author, Zionism In The Age Of The Dictators;
Elizabeth Block, Independent Jewish Voices, Toronto ON; Max Blumenthal, Author, Goliath:
Life and Loathing in Greater Israel; and Senior Writer for Alternet.org; Mary
P. Buchwald, Jewish Voice for Peace-New York; Monique Buckner, BDS South
Africa; Maia Brown, Health and Human Rights Project-Seattle & Stop Veolia
Seattle; Estee Chandler, Jewish Voice for Peace, Los Angeles; Rick
Chertoff, L..A. Jews for Peace; Prof. Marjorie Cohn, Thomas Jefferson
School of Law; past president, National Lawyers Guild; Ally Cohen, Ramallah,
Palestine; International Solidarity Movement media coordinator; Ruben Rosenberg
Colorni, Youth for Palestine, Netherlands; Mike Cushman, Convenor, Jews for
Boycotting Israeli Goods (UK); Margaretta D'arcy, Irish actress, writer,
playwright, and peace-activist; Natalie Zemon Davis, Historian; Warren Davis,
labor and political activist, Philadelphia, PA; Eron Davidson, film maker; Judith
Deutsch, Independent Jewish Voices Canada; Science for Peace; Roger Dittmann, Professor
of Physics, Emeritus California State University, Fullerton; President,
Scholars and Scientists without Borders Executive Council, World Federation of
Scientific Workers; Gordon Doctorow, Ed.D., Canada; Mark Elf, Jews Sans
Frontieres, London, UK; Hedy Epstein, Nazi Holocaust survivor and human rights
activist; St. Louis, MO; Marla Erlien, New York NY; Shelley Ettinger,
writer/activist, New York, NY; Inge Etzbach, Human Rights Activist, Café
Palestina NY; Richard Falk, Professor of International Law, Emeritus, Princeton
University; Former UN Special Rapporteur on Occupied Palestine, 2008-2014; Malkah
B. Feldman, Jewish Voice for Peace and recent delegate to Palestine with
American Jews For A Just Peace; Deborah Fink, Co-Founder, Jews for Boycotting
Israeli Goods UK; Joel Finkel, Jewish Voice for Peace-Chicago; Sylvia Finzi,
JfjfP; Jüdische Stimme für gerechten Frieden in Nahost, EJJP. (Germany); Maxine
Fookson, Pediatric Nurse Practitioner; Jewish Voice for
Peace, Portland OR-; Richard Forer, Author, Breakthrough:
Transforming Fear Into Compassion - A New Perspective on the Israel-Palestine;
Sid Frankel, Associate Professor, University of Manitoba; Prof. Cynthia
Franklin, Co-Editor, Biography: An Interdisciplinary Quarterly, University of
Hawai’i; Racheli Gai, Jewish Voice for Peace; Herb Gamberg, Independent
Jewish Voices, Canada ; Ruth Gamberg, Independent Jewish Voices,
Canada ; Lee Gargagliano, International Jewish Anti-Zionist Network; Cheryl
Gaster, social justice activist and human right lawyer, Toronto ON; Alisa
Gayle-Deutsch, American/Canadian Musician and Anti-Israeli Apartheid Activist; Jack
Gegenberg, Professor of Mathematics, University of New Brunswick,
Fredericton NB; Prof. Terri Ginsberg, film and media scholar, New York; David
Glick, psychotherapist; Jewish Voice for Peace; Sherna Berger Gluck, Emerita
Professor, CSULB; Israel Divestment Campaign; Neta Golan, Ramallah, Palestine;
Jews Against Genocide; Co-founder, International Solidarity Movement.; Tsilli
Goldenberg, teacher, Jerusalem, Israel; Steve Goldfield, Ph.D.; Sue Goldstein,
International Jewish Anti-Zionist Network, Canada; Marty Goodman, former
Executive Board member, Transport Workers Union Local 100; Socialist Action; Rabbi
Lynn Gottlieb, Freeman Fellow, Fellowship of Reconciliation; Hector Grad,
International Jewish Anti-Zionist Network, Spain; Prof. Jesse Greener,
University of Laval; Cathy Gulkin, Filmmaker, Toronto ON; Ira Grupper,
Bellarmine University, Louisville, KY; Jeff Halper, The Israeli Committee
Against House demolitions (ICAHD); Larry Haiven, Independent Jewish Voices
Canada, Halifax; Evelyn Hecht-Galinski, publisher, Germany; Stanley Heller, The
Struggle Video News TSVN; Shir Hever, Jewish Voice for Just Peace, Germany; Deborah
Hrbek, media and civil rights lawyer, NLG-NYC; Dr. Tikva Honig-Parnass, Jews
for Palestinian Right of Return; Adam Horowitz, Co-Editor, Mondoweiss; Gilad
Isaacs, Economist, Wits University.; Selma James, International Jewish
Anti-Zionist Network; Jake Javanshir, Independent Jewish Voices, Toronto; Riva
Joffe, Jews Against Zionism; Val Jonas, attorney, Miami Beach; Sima Kahn,
MD; President of the board, Kadima Reconstructionist Community; Yael Kahn,
Israeli anti-apartheid activist; Michael Kalmanovitz, International Jewish
Anti-Zionist Network (UK); Dan Kaplan, AFT Local 1493; Susan Kaplan, J.D.
National Lawyers Guild ; Danny Katch, activist and author; Bruce Katz,
President, Palestinian and Jewish Unity (PAJU), Montreal, Canada; Lynn Kessler,
Ph.D., MPH, psychologist/social justice activist; Janet Klecker, Sonomans for
Justice & Peace for Palestine, Sonoma CA; Prof. David Klein, California
State University, Northridge; USACBI; Emma Klein, Jewish Voice for Peace,
Seattle WA; Sara Kershnar, International Jewish Anti-Zionist Network; Harry
Kopyto, Legal activist Toronto ON; Richard Koritz, veteran postal trade
unionist and former member of North Carolina Human Relations Commission; Yael
Korin, PhD., Scientist at UCLA; Campaign to End IsraelI Apartheid, Southern
California; Dennis Kortheuer, CSULB, Israel Divestment Campaign; Steve
Kowit, Professor Emeritus, Jewish Voice for Peace; Toby Kramer, International
Jewish Anti-Zionist Network; Jason Kunin, Independent Jewish Voices Canada; Dr.
David Landy, Trinity College, Dublin; Jean Léger, Coalition pour la
Justice et la Paix en Palestine, membre de la Coalition BDS Québec et de
Palestiniens et Juifs Unis; Lynda Lemberg, Educators for Peace and Justice,
Independent Jewish Voices, Toronto ON; David Letwin,* activist and teacher,
Al-Awda NY; Michael Letwin,* former President, Association of Legal Aid
Attorneys/UAW Local 2325; USACBI; Al-Awda NY; Les Levidow, Jews for Boycotting
Israeli Goods (J-BIG), UK; Corey Levine, Human Rights Activist,
Writer; National Steering Committee, Independent Jewish
Voices Canada; Joseph Levine, Professor of Philosophy, University of
Massachusetts Amherst; Lesley Levy, Independent Jewish Voices, Montreal; Mich
Levy, teacher, Oakland CA; Abby Lippman, Professor Emerita; activist; Montreal;
Brooke Lober, PhD candidate, University of Arizona, Gender and Women's Studies
Department; Antony Loewenstein, journalist, author and Guardian columnist; Jennifer
Loewenstein, Professor of Middle Eastern Studies, University of Wisconsin,
Madison; Alex Lubin, Professor of American Studies, University of New Meixco; Andrew
Lugg, Professor Emeritus, University of Ottawa, Canada; David Makofsky, Jewish
Voice for Peace, Research Anthropologist; Harriet Malinowitz, Professor of
English, Long Island University, Brooklyn; Mike Marqusee, Author, If I
Am Not for Myself: Journey of an Anti-Zionist Jew; Miriam Marton, JD; Dr.
Richard Matthews. independent scholar, London ON; Daniel L. Meyers, Former
President National Lawyers Guild-NYC; Linda Milazzo, Writer/Activist/Educator,
Los Angeles; Eva Steiner Moseley, Holocaust refugee, Massachusetts Peace Action
board member and Palestine/Israel Working Group; Dr. Dorothy Naor, retired
teacher, Herzliah, Israel; Marcy Newman, independent scholar; Author; The
Politics of Teaching Palestine to Americans; Alex Nissen, Women in Black; Dr.
Judith Norman, San Antonio, TX; Henry Norr, retired journalist, Berkeley CA; Michael
Novick, Anti-Racist Action-Los Angeles/People Against Racist Terror; Prof.
Bertell Ollman, NYU; Karin Pally, Santa Monica, CA; Prof. Ilan Pappé, Israeli
historian and socialist activist; Karen Platt, Jewish Voice for Peace, Albany
CA; Dr. Susan Pashkoff, Jews Against Zionism, London UK; Miko Peled, writer,
activist; Author, The General’s Son: Journey of an Israeli in Palestine ;
Prof. Gabriel Piterberg, UCLA; Mitch Podolak, Founder, Winnipeg Folk Festival
and Vancouver Folk Music Festival; Karen Pomer,* granddaughter of Henri B. van
Leeuwen, Dutch anti-Zionist leader and Bergen-Belsen survivor; Lenny Potash,
Los Angeles CA; Fabienne Presentey, Independent Jewish
Voices, Montréal; Diana Ralph, Independent Jewish Voices Canada; Roland
Rance, Jews Against Zionism, London; Karen Ranucci, Independent Journalist,
Democracy Now!; Ana Ratner, Artist, Puppeteer, Activist.; Michael Ratner,
President Emeritus, Center for Constitutional Rights; Prof. Dr. Fanny-Michaela
Reisin, Jewish Voice Germany; Diana M.A. Relke, Professor Emerita,
University of Saskatchewan; Prof. Bruce Robbins, Columbia University; Stewart
M. Robinson, retired Prof of Mathematics; Professor Lisa Rofel, University of
California, Santa Cruz; Mimi Rosenberg, Producer & Host, Building Bridges
and Wednesday Edition, WBAI 99.5 FM; Association of Legal Aid Attorneys/UAW
Local 2325; Lillian Rosengarten, Author, From The Shadows Of Nazi
Germany To The Jewish Boat To Gaza; Prof. Jonathan Rosenhead, British
Committee for the Universities of Palestine (BRICUP); Yehoahua Rosin, Israel; Ilana
Rossoff, International Jewish Anti-Zionist Network; Martha Roth, Independent
Jewish Voices; Vancouver BC; Marty Roth, Emeritus professor of English,
University of Minnesota; Ruben Roth, Assistant Professor, Labour Studies,
Laurentian University; Independent Jewish Voices Canada; Emma Rubin,
International Jewish Anti-Zionist Network; Cheryl A. Rubenberg, Middle East
Scholar; Editor, Encyclopedia of the Israeli-Palestinian Conflict;
Author, The Palestinians in Search of a Just Peace; Josh Ruebner,
Author, Shattered Hopes: Obama’s Failure to Broker Israeli-Palestinian
Peace; Mark Rudd, retired teacher, Albuquerque NM; Ben Saifer, Independent
Jewish Voices Canada; Evalyn Segal, Rossmoor Senior Community; Sylvia
Schwarz, International Jewish Anti-Zionist Network; Yossi Schwartz,
Internationalist Socialist League; Haifa; Carole Seligman, co-editor, Socialist
Viewpoint magazine; Yom Shamash, Independent Jewish Voices, Vancouver,
Canada; Tali Shapiro, Boycott from Within; Israel; Karen Shenfeld, Poet,
Toronto ON; Sid Shniad, National Steering Committee, Independent Jewish Voices
Canada; William Shookhoff, Independent Jewish Voices, Toronto ON; Melinda
Smith, Jewish Voice for Peace, Albuquerque NM; Kobi Snitz, Tel Aviv; Marsha
Steinberg, BDS-LA for Justice in Palestine, Los Angeles; Lotta Strandberg,
Visiting Scholar, NYU; Carol Stone, Independent Jewish Voices, Vancouver BC; Miriam
(Cherkes-Julkowski) Swenson, Ph.D.; Matthew Taylor, author; Laura Tillem, Peace
and Social Justice Center of South Central Kansas; Peter Trainor, Independent
Jewish Voices, Toronto; Rebecca Tumposky, International Jewish
Anti-Zionist Network; Darlene Wallach, Justice for Palestinians, San Jose
CA; Dr. Abraham Weizfeld, JPLO; Bonnie Weinstein, Co-Editor of Socialist
Viewpoint magazine; Publisher, Bay Area United Against War Newsletter; Sam
Weinstein, International Jewish Anti-Zionist Network-Labor; former President,
UWUA Local 132; Judith Weisman, Independent Jewish Voices; Not in Our Name
(NION); Toronto ON; Paul Werner, PhD, DSFS Editor, WOID, a journal of visual
language; Noga Wizansky, Ph.D., artist, instructor, and researcher;
Administrator, Institute of European Studies, UC Berkeley; Marcy Winograd,
public school teacher, former congressional peace candidate; Bekah Wolf, UC
Hastings College of Law Student; Co-founder, Palestine Solidarity Project; Sherry
Wolf, International Socialist Organization; Dave Zirin, Author, Game
Over: How Politics Have Turned the Sports World Upside Down.
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1) The Injustice of Marijuana Arrests
By JESSE WEGMAN
By ERICA GOODE
5) Israeli Shells Said to Hit School in Gaza, Killing at Least 20
By BEN HUBBARD and JODI RUDOREN
6) Loss of Shelter and Electricity Worsens a Crisis for Fleeing Gazans
By BEN HUBBARD
July 30, 2014
http://www.nytimes.com/2014/07/30/world/middleeast/loss-of-shelter-and-electricity-worsens-a-crisis-for-fleeing-gazans.html?ref=world
By MONIQUE O. MADAN
10) The F.D.A.’s Blatant Failure on Food
By RUTH REICHL
By ISABEL KERSHNER and FARES AKRAM
http://www.nytimes.com/2014/08/01/world/middleeast/israel-gaza-conflict.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region®ion=top-news&WT.nav=top-news
July 31, 2014
http://www.nytimes.com/2014/07/31/world/middleeast/un-says-evidence-points-to-israel-in-gaza-school-attack.html?ref=world
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1) The Injustice of Marijuana Arrests
By JESSE WEGMAN
America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses.
In October 2010, Bernard Noble, a 45-year-old trucker and father of seven with two previous nonviolent offenses, was stopped on a New Orleans street with a small amount of marijuana in his pocket. His sentence: more than 13 years.At least he will be released. Jeff Mizanskey, a Missouri man, was arrested in December 1993, for participating (unknowingly, he said) in the purchase of a five-pound brick of marijuana. Because he had two prior nonviolent marijuana convictions, he was sentenced to life without parole.
Outrageously long sentences are only part of the story. The hundreds of thousands of people who are arrested each year but do not go to jail also suffer; their arrests stay on their records for years, crippling their prospects for jobs, loans, housing and benefits. These are disproportionately people of color, with marijuana criminalization hitting black communities the hardest.
Meanwhile, police departments that presumably have far more important things to do waste an enormous amount of time and taxpayer money chasing a drug that two states have already legalized and that a majority of Americans believe should be legal everywhere.
A Costly, Futile Strategy The absurdity starts on the street, with a cop and a pair of handcuffs. As the war on drugs escalated through the 1980s and 1990s, so did the focus on common, low-level offenses — what became known as “broken windows” policing. In New York City, where the strategy was introduced and remains popular today, the police made fewer than 800 marijuana arrests in 1991. In 2010, they made more than 59,000.
Nationwide, the numbers are hardly better. From 2001 to 2010, the police made more than 8.2 million marijuana arrests; almost nine in 10 were for possession alone. In 2011, there were more arrests for marijuana possession than for all violent crimes put together.
The costs of this national obsession, in both money and time, are astonishing. Each year, enforcing laws on possession costs more than $3.6 billion, according to the American Civil Liberties Union. It can take a police officer many hours to arrest and book a suspect. That person will often spend a night or more in the local jail, and be in court multiple times to resolve the case. The public-safety payoff for all this effort is meager at best: According to a 2012 Human Rights Watch report that tracked 30,000 New Yorkers with no prior convictions when they were arrested for marijuana possession, 90 percent had no subsequent felony convictions. Only 3.1 percent committed a violent offense.
The strategy is also largely futile. After three decades, criminalization has not affected general usage; about 30 million Americans use marijuana every year. Meanwhile, police forces across the country are strapped for cash, and the more resources they devote to enforcing marijuana laws, the less they have to go after serious, violent crime. According to F.B.I. data, more than half of all violent crimes nationwide, and four in five property crimes, went unsolved in 2012.
The Racial Disparity The sheer volume of law enforcement resources devoted to marijuana is bad enough. What makes the situation far worse is racial disparity. Whites and blacks use marijuana at roughly the same rates; on average, however, blacks are 3.7 times more likely than whites to be arrested for possession, according to a comprehensive 2013 report by the A.C.L.U.
In Iowa, blacks are 8.3 times more likely to be arrested, and in the worst-offending counties in the country, they are up to 30 times more likely to be arrested. The war on drugs aims its firepower overwhelmingly at African-Americans on the street, while white users smoke safely behind closed doors.
Only about 6 percent of marijuana cases lead to a felony conviction; the rest are often treated as misdemeanors resulting in fines or probation, if the charges aren’t dismissed completely. Even so, every arrest ends up on a person’s record, whether or not it leads to prosecution and conviction. Particularly in poorer minority neighborhoods, where young men are more likely to be outside and repeatedly targeted by law enforcement, these arrests accumulate. Before long a person can have an extensive “criminal history” that consists only of marijuana misdemeanors and dismissed cases. That criminal history can then influence the severity of punishment for a future offense, however insignificant.
While the number of people behind bars solely for possessing or selling marijuana seems relatively small — 20,000 to 30,000 by the most recent estimates, or roughly 1 percent of America’s 2.4 million inmates — that means nothing to people, like Jeff Mizanskey, who are serving breathtakingly long terms because their records contained minor previous offenses. Nor does it mean anything to the vast majority of these inmates who have no history of violence (about nine in 10, according to a 2006 study). And as with arrests, the racial disparity is vast: Blacks are more than 10 times as likely as whites to go to prison for drug offenses. For those on probation or parole for any offense, a failed drug test on its own can lead to prison time — which means, again, that people can be put behind bars for smoking marijuana.
Even if a person never goes to prison, the conviction itself is the tip of the iceberg. In a majority of states, marijuana convictions — including those resulting from guilty pleas — can have lifelong consequences for employment, education, immigration status and family life.
A misdemeanor conviction can lead to, among many other things, the revocation of a professional license; the suspension of a driver’s license; the inability to get insurance, a mortgage or other bank loans; the denial of access to public housing; and the loss of student financial aid.
In some states, a felony conviction can result in a lifetime ban on voting, jury service, or eligibility for public benefits like food stamps. People can be fired from their jobs because of a marijuana arrest. Even if a judge eventually throws the case out, the arrest record is often available online for a year, free for any employer to look up.
Correcting an Old Inequity As recently as the mid-1970s, politicians and the public generally agreed that marijuana abuse was handled better by treatment than by prosecution and incarceration. Jimmy Carter ran for president and won while supporting decriminalization. But that view lost out as the war on drugs broadened and intensified, sweeping marijuana along with it.
In recent years, public acceptance of marijuana has grown significantly. Thirty-five states and the District of Columbia now permit some form of medical marijuana, and Colorado and Washington fully legalized it for recreational use in 2012. And yet even as “ganjapreneurs” scramble to take economic advantage, thousands of people remain behind bars, or burdened by countless collateral punishments that prevent them from full and active membership in society.
In a March interview, Michelle Alexander, a law professor whose book, “The New Jim Crow,” articulated the drug war’s deeper costs to black men in particular, noted the cruel paradox at play in Colorado and Washington. She pointed to “40 years of impoverished black kids getting prison time for selling weed, and their families and futures destroyed,” and said, “Now, white men are planning to get rich doing precisely the same thing?”
As pioneers in legalization, those two states should set a further example by providing relief to people convicted of crimes that are no longer crimes, including overturning convictions. A recent ruling by a Colorado appeals court overturned two 2011 convictions because of the changed law, and the state’s Legislature has enacted laws in the last two years to give courts more power to seal records of drug convictions and to make it easier for defendants to get jobs and housing after a conviction. These are both important steps into an uncharted future.
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2) When Cell Door Opens, Tough Tactics and Risk
By ERICA GOODE
Outside the door of his solitary confinement cell at Riverbend Maximum Security Institution here, five corrections officers in riot gear lined up, tensely awaiting the order to go in. When it came, they rushed into the small enclosure, pushing Mr. Toll to the floor and pinning him down with an electrified shield while they handcuffed him and shackled his legs.
Mr. Toll, 33, a heavyset man who suffered from diabetes and mental illness, said, “I can’t breathe” — a complaint he would repeat, with increasing urgency, at least 12 times that night.
“You’re not going to be able to breathe,” an officer, Capt. James Horton, can be heard telling him on a prison video. And then, “You wanted this.”The officers carried him, face down, to a dark outdoor recreation yard to search him. A short while later, Mr. Toll was dead.
In the insular world of correctional institutions, it is known as cell extraction, the forcible removal of a prisoner from a cell by a tactical team armed with less-lethal weapons like Tasers, pepper spray and stun shields.
Jails and prisons routinely make use of the tactic in response to threatening behavior or disciplinary infractions. Mr. Toll, who was in prison on a parole violation and whose death in 2010 the state medical examiner ruled a homicide, had been accused of splashing an “unknown liquid” at a guard through the doorjamb.
While cell extractions are not new, a series of lawsuits and cases around the country are demonstrating the dangers of their widespread use, especially with mentally ill inmates like Mr. Toll, who represent an increasing segment of the jailed population and who are disproportionately the targets of force, statistics from several states indicate.
Videos made public in California last fall showed corrections officers at state prisons dousing severely psychotic inmates with large amounts of pepper spray before forcibly removing them from their cells, images that a federal district judge, Lawrence K. Karlton, who ordered the release of the videos, termed “horrific.” And in Florida in May, an inmate who was reportedly mentally ill died during a cell extraction at the Charlotte Correctional Institution.
Even when scrupulously conducted, cell extractions carry risks. Officers suit up in Kevlar vests and kneepads to protect themselves from assaults with homemade weapons or other objects. Injuries to inmates — from bruises and lacerations to concussions and broken bones — are common, though no government agency tracks them. In some cases, prisoners have died as a direct result of extractions, like Mr. Toll, whose death was caused by “asphyxia and suffocation” from force applied while he was in restraints, the medical examiner found.
Yet despite the frequent use and inherent dangers of cell extractions, states and localities vary widely in when and how they are carried out and in the level of training required of officers who conduct them. Many corrections experts say they believe that extractions are vastly overused.
In some institutions, extraction is viewed as a last resort. Training emphasizes the need to defuse the situation in other ways if possible, and extractions are tightly supervised. Special care is taken when mentally ill inmates are involved.
But in many facilities, training is minimal, supervision is lax and forcible removals are conducted reflexively, with little or no attempt at alternate solutions. Corrections officers who are so inclined can easily turn the process into a vehicle for beatings or other prisoner abuse.
“It can move from a proper tactical exercise to a punitive and retaliatory exercise,” said Steve J. Martin, a lawyer and corrections consultant who has served as a federal monitor and is an expert on the use of force in prisons and jails.
A few months before Mr. Toll died, another inmate at Riverbend was kicked, beaten and slammed into a concrete wall while handcuffed and shackled, splitting open his forehead, according to a lawsuit filed in the case. And in Los Angeles in 2008, deputies at the county jail — armed with Tasers, rubber bullets and rubber ball grenades — systematically moved down a tier extracting one inmate after another. Prisoners were choked, beaten unconscious and then shocked back into awareness, court documents show. More than 100 broken bones and other injuries resulted. One inmate required a metal plate in his right eye after multiple fractures to the eye socket; another received Taser shocks to his testicles and buttocks.
Jeffrey Schwartz, a correctional consultant who has worked with a large number of jails and prisons around the country, said that in his view, only about 20 percent of the cell extractions carried out in the United States were necessary.
Inmates, he said, often feel compelled to fight back during an extraction so as to not lose face in front of other prisoners. Officers, too, gear up, like soldiers preparing for battle.
“Once they put on those heavy pads and the adrenaline is flowing, they want to go in,” Dr. Schwartz said.
An Inmate’s Past
He was 14 when things began to go wrong.
His stepfather died. He started experimenting with drugs. He was arrested for setting fire to a trash can with a cigarette and then for stealing his father’s car. When he was 18, a series of house burglaries and an escape from a county jail work crew sent Mr. Toll to state prison.
Medical records from his years behind bars show his mental and physical health slowly declining. He developed diabetes and high blood pressure. He made suicide attempts.
At various times in prison, he received diagnoses of schizoaffective disorder, bipolar disorder, drug abuse and depression. He carried the scars of self-inflicted injuries, including a deep slash on his right forearm from 2006, after he reported that two other inmates had raped him. A tattoo on each arm depicted a demon’s head — to ward off voices that told him to harm himself, he told people.
Mr. Toll had more than 50 disciplinary infractions, many of them minor. But in one instance, in 2009, when he was off his psychiatric medication, Mr. Toll was accused of throwing scalding water on an officer, which led to his placement in solitary confinement at Riverbend.
A few weeks before he died, he swallowed 97 Tylenol pills, landing him in the hospital for a few days. When he returned to Riverbend, he got into an acrimonious dispute with a guard who had a reputation for taunting inmates, according to former employees of the prison and depositions taken as part of a lawsuit brought by Jane Luna, Mr. Toll’s mother, after his death.
“He was real anxious,” Ms. Luna said of her son, recalling a phone conversation she had with him the Sunday before his death.
Shortly after 9 p.m. that Tuesday, Aug. 17, 2010, Captain Horton assembled a cell extraction team to pull Mr. Toll out so that it could confiscate any containers he could use to throw liquid.
A prison videotape shows how the cell extraction unfolded. (Most prisons and jails monitor extractions by videotaping them, although prison videographers have been known to point cameras at ceilings and floors when they want to hide what is taking place. In this case, the cameras were trained on Mr. Toll, but much was obscured by the bodies of the officers and the darkness of the recreation yard.)
At 9:24 p.m. on the video, Captain Horton can be heard ordering Mr. Toll, who had jammed the cell door, to unblock it.
When he did not — “Let’s get it on, goddamn it,” Mr. Toll said — the team members, dressed in body armor, black jumpsuits and black helmets, moved in, led by Gaelan Doss, a guard weighing more than 450 pounds and carrying a curved stun shield.
As the officers carried Mr. Toll out of the cell — face down, hands cuffed behind his back — Captain Horton threatened to shock him with a Taser if he did not stop moving. The extraction team took Mr. Toll to the farthest cage in the outdoor recreation yard, where they placed him face down on the ground and began to search him, working in the dark with only a single flashlight.
“Please, please. I can’t breathe,” Mr. Toll said.
“Quit resisting, Mr. Toll,” Captain Horton responded.
At 9:33 p.m., Mr. Toll began making snoring noises that a medical expert later said indicated that he had slipped into a coma and was near death. The officers continued to search him.
At 9:38 p.m., Marina Tucker, a nurse who accompanied the extraction team, was called to check on Mr. Toll. When she found that his lips were blue and he did not respond to his name, she began cardiopulmonary resuscitation.
An ambulance was summoned. At 10:32 p.m., Mr. Toll was declared dead.
Protocols and Dangers
Removing a recalcitrant inmate from a cell was once achieved by brute force. Guards in regular uniforms went in and did whatever they needed to subdue a prisoner. But with the rise of super-maximum-security prisons in the 1980s and 1990s, steel and concrete fortresses designed to hold inmates whom politicians called “the worst of the worst,” prison officials codified the procedure to make it safer for officers, using specially trained teams equipped with body armor and less-lethal weapons.
In most jails and prisons, extraction teams are called when an inmate poses an immediate danger — holding a homemade knife or other weapon, for example. Acts of defiance, such as covering the window of a cell, refusing to return a food tray or barricading the door, can also result in an extraction.
Yet despite the addition of formal protocols and protective clothing, the process remains dangerous.
“It’s always violent, and it’s always unsafe for staff. It’s unsafe for inmates,” said Brad Hansen, emergency management supervisor for the Department of Correctional Services in Nebraska.
Officers have been stabbed with homemade knives. They have slipped on cell floors slick with water or shampoo. They have been spit on or bitten by prisoners with H.I.V. or hepatitis C and sustained cuts and bruises from wrestling prisoners to the floor. Dr. Schwartz, the corrections consultant, recalled an officer whose leg was badly cut during the making of a training film on cell extractions.
The highest risk, however, is for prisoners, who wear no body armor and are greatly outnumbered.
Mr. Toll, who had been forcibly removed from a cell once before, described to his mother feeling “like a rag doll.” Todd White, the inmate at Riverbend whose head was slammed into a wall by guards after he was in restraints, said: “You feel helpless. They just come in there and beat the hell out of you and do what they want to do.”
In most jails and prisons, policies on the use of force specify in some detail how an extraction should unfold: An officer, for example, is assigned an inmate’s arm or leg and told to keep that limb under control. But once the team goes in, the reality often bears little resemblance to the paper directives, looking more like a barroom brawl than a tightly orchestrated exercise, said Joseph Garcia, a security consultant.
“It’s chaos,” Mr. Garcia said.
His own method, which has been adopted by some jails and prisons, uses only two officers, and they do not enter the cell. The officers use weapons like Tasers and 12-gauge shotguns that fire less-lethal ammunition to subdue an inmate, and then restrain him. The method is not free of controversy, but Mr. Garcia said that the mother of an inmate might prefer that her son receive a bad bruise on a leg or a Taser shock to having him suffer a broken bone, concussion or worse from a traditional extraction.
As jails and prisons become more populated with mentally ill inmates — in some institutions, 40 percent or more of inmates suffer from mental illness — the situations that provoke extractions have increased. In a system ill equipped to handle psychiatric symptoms, the behavior of inmates is often treated as a disciplinary problem.
Yet for an inmate who is severely mentally ill, the arrival of a cell extraction team is more likely to instill terror than compliance, mental health experts say.
“It’s demeaning, it’s degrading, it’s frightening,” said Dr. Edward Kaufman, a psychiatrist who has worked extensively in prison settings and served as an expert witness in the California lawsuit. He noted that one psychotic inmate in the California case, shown in a video being pepper sprayed multiple times, had delusions that the guards were trying to rape him. The corrections officers kept ordering him to back up to the cell door and place his hands through the port for the handcuffs, increasing the inmate’s fears.
“The guy keeps screaming, ‘Don’t rape me,’ ” Dr. Kaufman said.
Some states, concerned about injuries and aware that mentally ill inmates are more vulnerable, have begun to provide prison staff members with special training. Officers are encouraged to use what Mr. Martin, the corrections consultant, calls “time and distance,” waiting out a situation or negotiating with a prisoner rather than rushing in with a team.
“The use of force, to a certain degree, means you’ve lost,” said Dan J. Pacholke, deputy secretary for operations for the Department of Corrections in Washington, one of several states that have taken steps to try to minimize cell extractions. He added that his department makes extensive use of crisis negotiators and gives staff members special training. Having national standards for how and when cell extractions should be done would help, he said.
Mr. Pacholke noted that most extractions take place in solitary confinement units, where inmates are kept under tight control and have extensive idle time, conditions that exacerbate problematic behaviors. To address this, the department has increased activities for maximum-security prisoners and reduced the number of inmates in isolation. At most, 10 to 12 extractions a month are carried out across the state, he said.
Nebraska’s Department of Correctional Services has also taken steps to reduce the use of extractions.
“We got to the point where we thought that there had to be some other way to do it,” said Mr. Hansen, the Nebraska official. The number of cell extractions carried out in state prisons dropped to 98 in 2013 from a high of 232 in 2008, he said.
Mr. Hansen added that a mental health negotiator is summoned when a disturbed inmate is causing problems, and the department’s policy now dictates that three attempts must be made to talk the prisoner into submitting to restraints before a more aggressive step is taken.
If more severe tactics are required, pepper spray, pumped in from outside the cell, is viewed as preferable to sending in a team of officers, because inmates are more likely to capitulate quickly and no physical combat is involved.
“Cell extractions are the last resort,” Mr. Hansen said.
Examining the Events
Ricky J. Bell, the warden at the time of Mr. Toll’s death, said in a telephone interview that his officers did nothing wrong that night.
“It’s unfortunate that Mr. Toll died in that extraction,” said Mr. Bell, who is now retired. “But I feel the staff did exactly what they should.”
No criminal or disciplinary charges were brought against the officers involved. Last year, a jury in the civil rights lawsuit brought by Ms. Luna found that Mr. Bell, Captain Horton and Mr. Doss were not liable for the death.
“At the end of the day we found 12 jurors who said: ‘He’s an inmate. He’s a criminal. So what?’ ” said David Weissman, one of the two lawyers who argued the case for Ms. Luna.
But former employees of Riverbend who were present that night, as well as three independent corrections consultants and a forensic medical expert who reviewed the videotape of the cell extraction, the autopsy report and other documents at the request of The New York Times, said that Mr. Toll should not have died that night and blamed the way the cell extraction was conducted.
“This was such a needless — clearly, objectively needless — death,” said Mr. Martin, who has testified in use-of-force cases on behalf of both corrections officials who were defendants and inmates who were plaintiffs.
During the course of the extraction, the officers violated training guidelines, applied force in a dangerous manner, ignored clear signs that Mr. Toll was in distress and failed to provide competent emergency care, the former employees and corrections experts said.
Training at the prison was also inadequate, Mr. Weissman said. Mr. Bell, the warden, discontinued refresher courses in cell extraction at Riverbend for budgetary reasons about three years before Mr. Toll’s death, he said in a deposition. Only one officer involved was up-to-date in training, and two had never participated in an extraction before.
A former employee of the prison who was present that night said that the extraction had been mishandled from its start.
“Wrong is wrong,” said the former employee, who spoke on the condition of anonymity for fear of endangering his current job. “It’s wrong in the light and it’s wrong in the dark, and that whole deal was wrong.”
He said that the officers placed far too much pressure on Mr. Toll’s back and upper body, something that training courses routinely warn increases the risk of suffocation.
“I could see they put their knees against him, against the shield on top of him,” the former employee said, adding that it was hot and that Mr. Toll was wearing several layers of clothing, which may have increased his respiratory distress.
Dr. Michael M. Baden, a former chief medical examiner for New York City who reviewed videotape of the extraction, as well as the autopsy report and photographs from the autopsy, said that bruising over Mr. Toll’s windpipe appeared to be from “pressure from hands or an arm squeezing on the neck.”
Other marks on Mr. Toll’s nose, face and forehead, he said, “are typical for an altercation where force is applied to the face.”
The way the extraction team transported Mr. Toll was also problematic, the corrections experts said, running contrary to what is taught in most training courses, which advise against carrying inmates face down by the arms and legs except in an emergency. And although the officers said in legal proceedings that they did not hear Mr. Toll say that he could not breathe, the former employee said that all the officers present that night heard the complaints and ignored them.
Perhaps most troubling, the extraction team took Mr. Toll to the dark recreation yard instead of a well-lighted multipurpose room or another cell, an option prescribed by training procedures. Prison officials said the decision was made to get him away from the other inmates. But the lights in the yard had been broken for three years, the former employee said, and the darkness made it impossible to monitor Mr. Toll’s safety.
“It was a recipe for disaster,” he said.
Even the attempts to provide emergency aid were bungled.
Ms. Tucker, the nurse, placed a piece of medical gauze over Mr. Toll’s mouth when she began rescue breathing, further obstructing his airway. And compressions were not started until well after rescue breathing began, although the current protocol for CPR advises that compressions should be applied first.
In a telephone interview, Ms. Tucker said that her training in CPR predated the current protocol.
She said she had been worried about the way that the officers were carrying Mr. Toll. “They kind of had him upside down, and I thought they were putting strain on his arms and legs,” she said.
Neysa Taylor, a spokeswoman for the Tennessee Department of Correction, declined requests to interview department officials or officers about Mr. Toll’s death. Captain Horton did not respond to interview requests left with his lawyer and the department. Mr. Doss, reached by telephone, refused to comment, and messages left on voice mail and social media for other officers who participated in the extraction were not returned.
Unanswered Questions
After Mr. Toll died, internal-affairs investigators at the prison concluded in their report, obtained by The Times, that Mr. Toll’s death was “in no way caused by the actions of staff.”
But the investigators, corrections experts who reviewed the report said, failed to interview crucial witnesses, did not ask basic questions in the interviews they did conduct and failed to preserve relevant evidence from the scene.
“It was the most incompetent investigation I’ve ever seen,” said Ron McAndrew, a corrections consultant and former warden at the Florida State Prison, who served as an expert witness for the plaintiff in the Toll case.
At least one officer involved in the cell extraction quit his job in part because of the way the investigation was handled.
In a resignation letter sent to Mr. Bell, a copy of which was obtained by The Times, the officer, William Amonette, wrote that he had been treated badly at the prison “ever since I asked questions in your office about the witnesses in the Charles Toll case that were not spoken to by Internal Affairs.”
“I cannot work somewhere where asking questions or trying to do what is right is punished,” he wrote.
The morning after Mr. Toll died, the phone rang at Ms. Luna’s house at 5:30. A man who identified himself as the prison chaplain told Ms. Luna that her son had been found dead in his cell during the night, the cause an apparent heart attack. Nothing was said about the cell extraction.
Since her son’s death, Ms. Luna said, she has found it difficult to move on with her life. She has been too depressed to work. The house she shares with a friend is cluttered with boxes, some filled with legal documents, others with mementos from her son.
“I can’t see a future,” she said. “He was my only child. He was my life, and I can’t seem to find my next step to go on.”
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3) On Subway, Flying Feet Can Lead to Handcuffs
The young dancers, Peppermint and Butterscotch, scanned the scattered faces aboard the New York City subway. One caught their eye.
“Are you a cop?” a performer asked, as their Q train rumbled toward Canal Street. The man waved them off. Peppermint and Butterscotch were satisfied.
“It’s showtime!” they shouted.
Music filled the train. Legs curled around the car’s graspable bars like creeping ivy. Then came a finale that surprised even the dancers: four plainclothes officers converging in tandem, and two sets of handcuffs.
Cheered by tourists, tolerated by regulars, feared by those who frown upon kicks in the face, subway dancers have unwittingly found themselves a top priority for the New York Police Department — a curious collision of a Giuliani-era policing approach, a Bloomberg-age dance craze and a new administration that has cast the mostly school-age entertainers as fresh-face avatars of urban disorder.Arrests of performers have more than quadrupled this year, to 203 through early this month, compared with 48 over the same period last year.
The attention is part of a broader policing strategy in which officers, who often act on complaints from the public, place an emphasis on low-level offenses with a goal of rooting out more serious crime. Long championed by the police commissioner, William J. Bratton, the approach has attracted increased scrutiny this month after a series of high-profile police encounters across the city.
Mayor Bill de Blasio has defended the approach even as some police reform advocates have called for big changes after the death of a Staten Island man, Eric Garner, during an arrest over accusations of selling untaxed cigarettes, a subject of complaints by local businesses.
“If you’re violating the law, I can understand why any New Yorker might say, well that might not be such a big offense or that might not be something that troubles any of us individually,” the mayor said, standing with Mr. Bratton on Monday at City Hall. “But breaking the law is breaking the law.”
In recent days, the police have engaged in a widely publicized clash with the costumed characters of Times Square, including a Spider-Man who punched an officer in the face on Saturday. Mr. Bratton pointed to “something as basic as dealing with the Elmo craze or house parties” as small signs of disorder.
Once emblematic of urban disorder, the subways have been a focus of renewed efforts, drawing significant resources for what Deputy Inspector Edward O’Brien called “a cat-and-mouse game.”
Teams of officers, dressed casually, follow tips from riders or transit personnel and fan out across cars. “They know we’re out there,” said Inspector O’Brien, who heads special operations for the Police Department’s transit bureau and who was on the train in plainclothes when other officers moved in to arrest Peppermint and Butterscotch. “They’re stepping up their game to a certain degree.”
Some arrests for dancing have prompted altercations, including a young woman who tried to bite an officer and an 18-year-old man found with a stun gun. But while the turnstile-jumpers or vandals of decades past were often tied to violent crimes, there is little evidence connecting dancers to deeper misdeeds in the subway system. About a fifth of the dancers arrested this year had open warrants, the police said, though few were for serious offenses. Peppermint, Butterscotch and others have typically been charged with reckless endangerment or disorderly conduct. (Their real names were not released because their cases were later sealed.)
Many dancers look to the subways as training grounds for their acts, hoping to eventually take their talents to higher-profile venues, such as clubs, weddings or open-space hubs like the plaza outside the City Hall station. But even outdoor performances can prove to be a problem: Earlier this month, a team known as Waffle (We Are Family for Life Entertainment) was chased from Union Square by a plainclothes officer. The crackdown has unsettled the group’s second-youngest member, the 8-year-old break-dancer Marc Mack, who aspires to join the police. “I want to be a cop that will let people dance,” he said.
On a recent Friday, dancers shooed riders from a portion of an L train car, planting their amplifier on the floor like an underground flag. “Clear the middle for your safety!” Kennedy Noel, 18, said, adopting the cadences of a transit announcement. “We have no insurance!”
By the end of their performance, most riders had left the train or turned their attention elsewhere. It seemed only a barking Jack Russell terrier mix named Logan paid the dancers any mind.
But with enough riders willing to shell out a few dollars per performance, the young men keep dancing, with the police increasingly in pursuit.
The perpetrators are hard to ignore. Limbs flutter. Shoes soar. Hats spin. Catchphrases fly: “No nation like donation,” riders are reminded.
Most often, it is the city’s visitors or relative newcomers who respond most positively to a show, while longtime residents retain their doubts.
“I love them,” said Szabina Bakos, 26, from Queens by way of Hungary.
“I like local artists,” said Lilian Galiounghi, 31, from Miami.“I always live in fear that some errant foot will hit somebody in the head,” said Joseph J. Lhota, a former chairman of the Metropolitan Transportation Authority, a deputy mayor under Rudolph W. Giuliani and a veteran rider from Brooklyn.
By most accounts, the dancers seem to have multiplied in the past half-decade.
Relying in part on complaints passed on by the authority, undercover officers are dispatched to subway corridors with a known history of performances, often the long runs between boroughs or distant stations.
Among the performers, there are also guidelines enforced internally: No dancing until the L train, often overstuffed, reaches First Avenue. Respect established territories: Some dancers tend to dominate the Broadway line; others subsist on the A or the F. A group with children tends to generate more tips.
The acts and the scripts have changed little over time — “Ladies, if your man can’t do this, leave him!” rings across the years — the routine as endemic to the subway as Dr. Zizmor or the hawkers of cheap batteries.
Though most rivalries tend to be friendly, experienced dancers have chafed at the proliferation of imitators in recent years.
“There’s so many dancers now,” said Andrew Saunders, 20, a member of Waffle, which has largely taken its act outside the subway amid the crackdown. “A lot of people jumped onto the hustle.”
The underground product has grown diluted anyway, Mr. Saunders said, as newcomers rely too heavily on “tricks on the pole.”
Perhaps this is why the moniker “subway acrobat” might rankle the most seasoned dancers. Mr. Bratton began using the term in recent months, though he says he did not coin it.
Some of its earliest usages, as in a 1942 newspaper article, have little connection to the performances of today. A subway rider, the story went, clutched the leather straps of the train car and hoisted himself up, not accounting for the train’s spinning ceiling fan.
The headline: “Subway Acrobat Almost Scalped.”
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4) Citing Fairness, U.S. Judge Acts to Undo a Sentence He Was Forced to Impose
But the fairness of the mandatory sentence has been a matter of dispute, not only for Mr. Holloway, but also for a surprising and most effective advocate: the trial judge, John Gleeson.
As Mr. Holloway filed one motion after another trying to get his sentence and his case re-evaluated, Judge Gleeson, of Federal District Court in Brooklyn, began to speak out against those mandatory sentences that he believed were unduly harsh. Mr. Holloway’s 57-year term was more than twice the average sentence in the district for murder in 1996, the year he was sentenced.
More recently, Judge Gleeson began his own campaign on Mr. Holloway’s behalf, writing to Loretta E. Lynch, who is the United States attorney for the Eastern District of New York, to request that she vacate two of Mr. Holloway’s convictions.
The payoff from Judge Gleeson’s efforts will be apparent on Tuesday in a highly unusual hearing, when the judge is expected to resentence Mr. Holloway, who is 57, to time served.
“Prosecutors also use their power to remedy injustices,” Judge Gleeson wrote in a memorandum released on Monday. “Even people who are indisputably guilty of violent crimes deserve justice, and now Holloway will get it.”
Sentencing experts characterized Judge Gleeson’s effort as exceptional, saying it could be a blueprint for judges who want to revisit sentences that are legally required but, in their view, unjustifiably long.
“The normal attitude has been, ‘This is terrible, but the law is the law,’ ” said Douglas A. Berman, a sentencing expert at Ohio State University, referring to severe sentences. Rather than “waiting for Congress to act or waiting for the president to grant massive clemency,” he said, Judge Gleeson appears to believe that this is a problem that federal prosecutors and judges “not only ought to be tackling, but are better positioned to tackle.”
The judge’s effort reflects a softening national view of sentencing, moving away from what is now generally perceived as an over-incarceration problem stemming from the crime wave of the 1980s and ’90s. Some nonviolent drug offenders are getting more lenient treatment, and some 50,000 people in prison for those sorts of offenses may have their sentences reconsidered, in the most sweeping sentencing reform in decades.
But people like Mr. Holloway, who committed violent crimes, have basically been overlooked.
“No one is saying Mr. Holloway didn’t do what he was convicted of doing,” said Harlan J. Protass, who was appointed in May as his lawyer. “No one’s saying there was legal error along the way. This is sort of a case of mercy.”
Mr. Holloway was charged in 1995 with three counts of carjacking and using a gun during a violent crime (even though it was an accomplice, and not Mr. Holloway, who carried the gun), along with participating in the chop shop. The government offered him a plea deal of about 11 years. He turned it down after his lawyer assured him he could win at trial. Mr. Holloway did not win.
For the first conviction on the gun count, the law required Mr. Holloway to receive five years. But for the second and third convictions, the law required 20 years for each one, served consecutively, a requirement known as “stacking,” which some judges and lawyers argue sounds like a recidivism provision, although it can be applied for crimes, like Mr. Holloway’s, committed hours apart that are part of the same trial.
None of Mr. Holloway’s co-defendants, who all pleaded guilty, received more than six years.
At Mr. Holloway’s sentencing in 1996, Judge Gleeson said that “by stripping me of discretion,” the stacked gun charges “require the imposition of a sentence that is, in essence, a life sentence.” (The remainder of the 57 years was the 12 years required for the three carjackings.)
Mr. Holloway went to prison, where he was scheduled to remain until 2045. His appeal in his case, based on how prosecutors had to prove intent under the carjacking law, went to the United States Supreme Court, which affirmed, in a divided vote, his conviction and his sentence.
Last year, Judge Gleeson appealed to Ms. Lynch, pointing out that even the sentencing commission, which coordinates federal sentencing policy, told Congress in 2011 that stacking is “excessively severe and unjust.”
Mr. Protass, Mr. Holloway’s lawyer, discovered two precedents where prosecutors had agreed to drop convictions that prompted stacked sentences, which he used to help persuade the government to vacate the two convictions.
In Montana, a woman named Marion Hungerford accompanied her boyfriend, who was armed, on a spree of seven robberies, holding up casinos and convenience stores. Described in court papers as being “profoundly mentally disabled,” Ms. Hungerford was sentenced in 2005 to a 159-year sentence, 155 of which came from the legally mandated stacked gun charges. After she fought the sentence from prison, and with urging from the judge, the government agreed in 2010 to drop six of those seven gun convictions, and she was resentenced to 93 months.
In another Montana case, a medical marijuana distributor who owned guns was convicted of four counts of possessing a firearm during drug trafficking, along with other charges, which meant an 80-year sentence on the stacked gun charges alone. After the jury verdict but before sentencing, a federal judge pushed prosecutors and the defense to hold a settlement conference, where prosecutors agreed to drop three of those counts. Saying some mandatory minimums were “unfair and absurd,” that judge, Dana L. Christensen, sentenced the defendant, Christopher Williams, to five years.
But Ms. Lynch, the federal prosecutor, declined to vacate the convictions, suggesting that Mr. Holloway could ask for clemency.
In May, Judge Gleeson urged Ms. Lynch to reconsider. Clemency “is not a realistic avenue to justice for Holloway,” the judge wrote, because the Justice Department is prioritizing clemency for nonviolent offenders. He cited Mr. Holloway’s family, his clean disciplinary record and his participation in prison programs as evidence of his rehabilitation and his prospect of a normal post-prison life.
Ms. Lynch acquiesced.
At a hearing on the Holloway case this month, an assistant United States attorney, Sam Nitze, said that “this is both a unique case and a unique defendant,” citing his “extraordinary” disciplinary record and his work in prison.
Also, he said, three of Mr. Holloway’s carjacking victims have said that the 20 years that Mr. Holloway had served in prison was “an awfully long time, and people deserve another chance.”
Mr. Nitze agreed to vacate the two convictions, while emphasizing that this should not be taken as indicative of Ms. Lynch’s view on the stacking provision in other cases.
In his opinion issued last week, Judge Gleeson said that Mr. Holloway’s sentence illustrated a “trial penalty,” where those willing to risk trial could be hit with mandatory minimum sentences “that would be laughable if only there weren’t real people on the receiving end of them.”
Although Mr. Holloway’s federal prison time should be finished on Tuesday, he still owes New York State a minimum of nine more months before he is eligible for parole, stemming from a 1991 drug-selling conviction (he was transferred to federal custody in the carjacking case before he finished that sentence). That means he will most likely be transferred to a New York prison or jail until next year.
Judge Gleeson, though, seemed to feel he had moved the needle.
“There are no floodgates to worry about; the authority exercised in this case will be used only as often as the Department of Justice itself chooses to exercise it, which will no doubt be sparingly,” he wrote in his opinion. “But the misuse of prosecutorial power over the past 25 years has resulted in a significant number of federal inmates who are serving grotesquely severe sentences.”
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5) Israeli Shells Said to Hit School in Gaza, Killing at Least 20
By BEN HUBBARD and JODI RUDOREN
One hit the street in front of the entrance, according to several witnesses. Two others hit classrooms where people were sleeping.
Palestinian health officials said at least 20 people were killed by what witnesses and United Nations officials said was the latest in a series of strikes on United Nations facilities that are supposed to be safe zones in the 23-day-old battle against Hamas and other militants.
“My house was burned and death followed us here,” said Ahmed Mousa, 50, who was in the school courtyard when the shells hit. “Where am I supposed to go?”Lt. Col. Peter Lerner of the Israeli military said no United Nations facility had been targeted during the operation. A military spokeswoman said Palestinian militants had “opened fire at Israeli soldiers from the vicinity” of the school in the Jabaliya refugee camp Wednesday morning, and that the Israeli troops “responded by firing toward the origins of the fire.”
The military had earlier denied responsibility for 16 deaths last week at a different United Nations school serving as a shelter, in Beit Hanoun, saying that the only piece of Israeli ordnance to hit the school compound, an errant mortar, struck when the courtyard was empty.
Robert Turner, the Gaza-based director of the United Nations Relief and Works Agency, which is sheltering more than 200,000 Palestinians in 85 of its schools, said Wednesday there had been at least five and perhaps seven strikes on the facilities since Israel’s ground operation in Gaza began on July 17. He was still checking reports that a school in the Shati refugee camp and one in the Mamouniya neighborhood of Gaza City had been hit overnight.
“What we’ve seen in our shelters is indicative of what we’ve seen more generally,” Mr. Turner said. “When they started naval bombardment, artillery and tank fire, that’s just not as accurate as airstrikes. They can’t see what they’re shooting at, so we’ve seen more destruction, more damage, more death.”
The Israeli military announced a four-hour humanitarian window Wednesday afternoon but said it would not apply to the areas where soldiers were operating, and that residents should not return to areas they had been asked to evacuate. That only added to the confusion on the ground, after four days of on-again, off-again lulls and mixed messages from various leaders about cease-fire agreements and negotiations.
The “window” was to be from 3 p.m. to 7 p.m., and the military promised in its announcement that troops would “respond to any attempt to exploit this window to harm Israeli civilians” and soldiers.
Hamas rejected the Israeli-declared lull, saying in a statement that it was “just for media consumption and has no value” because it excluded the areas near the border where hostilities continued, making it impossible to evacuate the injured from there.
The Israeli announcement came after it appeared to have intensified its assault overnight, even as Palestinian leaders struggled to coordinate their efforts to pursue some kind of cease-fire through talks in Cairo. The Palestinian death toll since the operation began on July 8 topped 1,250 by midday Wednesday, according to the Gaza-based health ministry; on the Israeli side, 53 soldiers and three civilians have been killed.
Israel struck five mosques overnight that a military statement said “were utilized for terror purposes,” such as storing weapons or providing access to tunnels or lookout points. The military said that it had detonated in the previous 24 hours three more tunnels that Palestinian militants have used to infiltrate its territory.
“The progress is toward an offensive: We are shoring up the targets already reached and are taking over new locations,” Brig. Gen. Motti Almoz, the chief spokesman for the Israeli military, told Army Radio on Wednesday morning. “There are a lot of targets in the Gaza Strip, and we are attacking from the northern to the southern Gaza Strip.”
Israel has hit 4,100 sites in Gaza, 1,566 of them connected to rocket-launching, 167 places that stored weapons and 746 “command-and-control centers,” the Israeli military said in its statement. The military said there had been 2,670 rockets and mortars fired toward Israel, and that about 280 of them had fallen short and landed within Gaza.
Only a handful of sirens signaling incoming rockets sounded in Israel on Wednesday morning, down from more than 100 in previous days. But in Gaza, there was little sign of a letup: An Israeli missile killed 10 members of the Astal family who had huddled in their diwan, or meeting room, according to news reports and the health ministry, among other major strikes.
Jabaliya, a refugee camp just north of Gaza City, has been under intense artillery shelling since Tuesday afternoon, killing 50 people over a 24-hour period, health officials said. Already one of Gaza’s most densely crowded areas, its streets had been packed in recent days with people who fled their homes closer to the border when Israeli troops invaded. More and more had crowded into the Abu Hussein girls’ elementary school.
Mr. Turner of the United Nations said his agency had provided the GPS coordinates of the school to the Israel Defense Forces 17 times, starting July 16 and most recently Tuesday at 8:48 p.m., to ensure it would be spared. Ziad Yousef, who also works for the agency, said the doors were locked at 11 p.m. Tuesday so no one could come or go.
“People who saw that happen are now convinced there are no safe places left,” Mr. Yousef said.
At least four strikes hit in close succession in a straight line across the school compound, indicating artillery fire, according to people who saw the attack; one struck a house behind the school. The drop ceiling of one classroom had collapsed, and the tin roof was peppered with shrapnel holes. The ground was covered with rubble, clothing and pools of blood. Sunlight shone through a hole in the roof of another classroom, also hit by a shell.
At the nearby Kamal Adwan hospital, Saeed Adham stood over the bed of his 15-year-old son, Rizek, whose right leg had been shattered by shrapnel. An X-ray of Rizek’s calf showed bones looking like an archipelago. Mr. Adham said his family was sleeping in a second-floor classroom when a strike shattered the windows, so they ran to a hallway, where a shell hit the roof. As he waited for surgery on his son’s leg, Mr. Adham said his wife and other children remained at Abu Hussein despite the danger. “We have nowhere but the school,” he said.
Mr. Turner’s agency, which in calm times provides education, health care and other services to about 70 percent of Gaza’s 1.7 million residents who are classified as refugees, has found rockets in three of its empty schools during the conflict, most recently on Tuesday. He said that the school attendant who had found the rockets in the third school evacuated shortly afterward and that the agency had been unable to return to the site on Tuesday or Wednesday “because of active fighting” nearby.
Criticized in the two previous incidents by Israel and its supporters for having given the rockets to Gaza-based security officials, Mr. Turner said he hoped that United Nations experts would be able to dispose of the rockets found in the third school.
Robert H. Serry, the United Nations special coordinator for the Middle East peace process, released a statement on Wednesday saying that his agency’s compound in Gaza had also been hit early Tuesday morning “by a number of projectiles which caused damage to the main building and to United Nations vehicles.” A preliminary assessment showed five strikes on the compound and two on the ground outside, the statement said.
Mr. Serry “is deeply concerned about this incident and other violations of United Nations premises during the conflict,” said the statement, which did not directly blame Israel. “We have to remind relevant parties to the conflict of their responsibility to protect United Nations operations, personnel and premises which must remain inviolable.”
Ben Hubbard reported from Jabaliya, and Jodi Rudoren from Jerusalem. Fares Akram contributed reporting from Jabaliya.
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6) Loss of Shelter and Electricity Worsens a Crisis for Fleeing Gazans
By BEN HUBBARD
July 30, 2014
http://www.nytimes.com/2014/07/30/world/middleeast/loss-of-shelter-and-electricity-worsens-a-crisis-for-fleeing-gazans.html?ref=world
GAZA CITY — When artillery shattered their home near the Israeli border, Ibrahim Hillis, a grandfather, rushed his extended family to the city to seek shelter, but the schools were full and relatives’ houses were already packed with others displaced by the war.
So home became a patch of thin grass around a tree trunk behind this city’s central hospital, where his family rigged up sheets to block the sun. Scores of other families had done the same, food and water were scarce, and ambulances bearing the victims of new attacks screamed in day and night.
“We are living in the dirt,” said Mr. Hillis, 73. “There is no work, no money, no medical treatment, and everything is decided by those fighting, so what can we, the people, do about it?”Three weeks of war between Israel and Palestinian militants in Gaza have pushed the territory to the brink of humanitarian disaster. Israel’s military on Tuesday broadened its offensive, bombing 150 sites, and one strike set ablaze the territory’s only power plant, filling the sky with smoke and cutting the electricity needed to pump water and sewage systems as well.
As the Palestinian death toll has risen to more than 1,220, including about 300 children, 22 medical facilities have been damaged and 215,000 people have fled their homes.
The longer the war lasts, the worse it gets.
International efforts to secure even short-term cease-fires have so far failed, and aid groups say indiscriminate battle tactics on both sides have endangered civilians.
“The Israelis and Hamas this time have crossed the Rubicon,” said Stuart Willcuts, the director of Mercy Corps for the West Bank and Gaza. “There is some kind of psychological marker that they have crossed, and they are not going to quit until we don’t know when.”
Even before the war, Gaza’s humanitarian situation was precarious. An Israeli-Egyptian blockade meant to weaken Hamas had decimated the economy, and half the population depended on food aid.
More than a quarter of Gaza’s arable land was considered a buffer zone and was unusable by Palestinians before the war, according to the United Nations. Now, 44 percent of the territory is a no-go zone.
This has increased the pressure on Gaza City, originally home to about a third of Gaza’s 1.7 million Palestinians, but now holding many more who have fled the front lines.
In the stretches of quiet between the recent wars, Gaza City has striven to be like cities elsewhere, but even its finer areas bear scars. Shattered windows mar beachfront hotels, and Israeli airstrikes have collapsed parts of downtown towers.
“Our whole lives have been war,” said Sobhi Salim, 59, sitting with his family in the park of the Unknown Soldier during a lull this week. They had fled the eastern neighborhood of Shejaiya and returned to find their home destroyed, he said, making it unclear where they would go after the war. Three of his nephews had died fleeing the neighborhood, he said, and another had been killed fighting for Hamas.
As he spoke, a man with a plastic toy car outfitted with speakers and lights charged small change to give children rides. A fountain that children often dived in for respite from the heat had stopped working and now held a foot of dirty, green water.
“The violence will never bring a solution if there is not a political agreement,” he said. “They all say, ‘We’ll bring freedom with the rifle,’ but it’s all empty talk.”
Even when the two sides are not at war, Israel has a complicated relationship with Gaza. It insists it has not occupied the territory since withdrawing its troops and settlers in 2005. But it controls Gaza’s borders, sea access, airspace, cellphone frequencies and population registry.
A baby born in Gaza gets an identification number only after approval by Israel.
“It’s a tool of control over people’s lives,” said Sari Bashi, of Gisha, an Israeli advocacy group focused on Gaza. “It’s one of the elements of occupation that did not end in 2005.”
The United Nations and the United States government consider Gaza occupied, though Israel does not.
Throughout the war, Israel has continued to allow food and electricity into Gaza, complicating Palestinian claims that they are besieged.
Ironically, Tuesday’s strike on the Gaza power station will make the territory even more dependent on Israel.
“Today there is no electricity in Gaza,” said Jamal Dardasawi of Gaza’s power company.
The plant would take months to fix, he said, and eight of the 10 lines that bring electricity to Gaza from Israel have been damaged by the war, leaving only a trickle coming in from there and from Egypt.
Mr. Dardasawi blamed Israel for the strike, but Lt. Col. Peter Lerner, an Israeli military spokesman, said Israel had not identified the source of the attack.
“I don’t have a clear picture of what happened there,” he said.
Israel has said the war is necessary to stop rocket fire by Gaza militants on its communities and to destroy a network of tunnels they have used to sneak fighters into Israel to kidnap soldiers. It blames Hamas for the vast destruction and the high civilian death toll, saying the militants fight from residential areas.
But such reasoning angers Gazans, who believe “the resistance” has a right to fight back against a stronger power and say that Hamas’s battle tactics do not justify razing civilian homes.
“Look at where they have forced us to live,” said Mr. Hillis’s wife, Insaf, in the family’s tent behind the hospital. “Every family here has a son or a father or a brother who has been killed, and all of their children will grow up wanting revenge.”
For many people in Gaza, it is the sounds of Israel’s military that fill their days: the ever-present whine of the drones that monitor movements and fire missiles, the deep thump of artillery fired by warships or troops, and the screech of fighter jets that dot the sky with flares and drop bombs that level homes.
There are also phone calls, in Arabic with heavy Hebrew accents, threatening Hamas members, “We will hunt you down no matter where you are!”
Leaflets dropped over the city this week bore a map of Gaza dotted with graves.
“Do you know where the bodies of Hamas and Islamic Jihad elements are?” they read. The back bore a list of dead fighters with a question: “Whose name do you think will be in the next leaflet?”
During the war, Gazans have heard little from Hamas, other than its television or radio stations, which splice jihadi music with news about the “Zionist enemy” and often predict victory “in the next few days.”
As the war continues, most Gazans are just struggling for a safe place to sleep.
About 400 people, all Muslims, have crowded into the Greek Orthodox Church of St. Porphyrius, where Archbishop Alexios has four rules: “Be quiet, be clean, no problems and no weapons.”
The displaced sleep in offices and meeting halls and string their laundry across the courtyard. When it is too dangerous to walk to the mosque, they lay out rugs and pray in the church.
Alaa Sukkar said his family had fled to Gaza City with no place to go and stumbled upon the church, where they had stayed since.
A fighter jet screamed overhead as he spoke, and he blamed Israel for the war and said Hamas had to fire rockets to keep Israel out of Gaza.
But when asked whether the rockets actually did that, he reconsidered.
“The rockets don’t protect us, and the Jews’ tanks and jets don’t protect them,” he said. “The only thing that could protect us would be peace between us.”
Fares Akram contributed reporting from Gaza, and Jodi Rudoren from Jerusalem.
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7) Most in Poll Say Children at Border Merit Relief
Most Americans surveyed in a poll released Tuesday said the United States should give shelter and assistance to children from Central America coming here illegally without their parents while the authorities decide whether they can stay.
In the poll, by the Public Religion Research Institute, a nonpartisan organization that conducts research on religious values in public life, 69 percent of respondents said the children should be treated as refugees and should be allowed to stay “if authorities determine it is not safe for them to return to their home country.”
About a quarter of Americans in the survey, 27 percent, said the minors should be “treated as illegal immigrants” and deported to their home countries.Of those polled, 56 percent said the families of children coming from Central America were acting to keep the young people safe from violence in their home countries. About 38 percent of those polled said the families were “taking advantage of American good will” and trying to stay illegally in the United States.
“There is broad consistency for a policy offering support for the unaccompanied children and a determination process, not just an open door,” said Robert P. Jones, the chief executive of the research institute. “At the same time, there are concerns that policy may bring some negative consequences, and the situation has raised people’s concerns about immigrants over all.”More than 57,000 unaccompanied minors have been detained crossing the southwest border illegally since Oct. 1, most from three countries in Central America — El Salvador, Guatemala and Honduras. About half of the people responding to the poll said they had heard “a lot” about the crisis. In Washington, Congress is debating a request from the White House for $3.7 billion in emergency funds to deal with the surge and considering bills that would accelerate deportations of the youths. With both parties divided on the issues, it was unclear whether any money will be approved before the summer recess begins next week.
Even some Americans who favored refuge for the youths expressed worries about the impact of such a policy, Mr. Jones said. In the poll, 59 percent said allowing children to stay would “encourage others to ignore our laws and increase illegal immigration.”
In a tracking poll by the institute, the share of Americans who regard immigrants as a social burden increased to 42 percent last week from 38 percent in the first week of April, while the share who said immigrants strengthen the country through their hard work fell to 49 percent last week from 54 percent in the first week of April.
But the concerns did not affect broad overall support for Congress to pass legislation with a pathway to citizenship for immigrants already living illegally in the country. Last week support for that option was 58 percent, according to the survey, down only three percentage points from early April.
The poll was bilingual, in English and Spanish, and was based on telephone interviews conducted from last Wednesday to Sunday. Interviews were conducted with a random sample of 1,026 people over 17 in the continental United States, including 512 respondents on cellphones. The margin of error was plus or minus three percentage points.
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8) McDonald’s Ruling Could Open Door for Unions
The general counsel of the National Labor Relations Board ruled on Tuesday that McDonald’s could be held jointly liable for labor and wage violations by its franchise operators — a decision that, if upheld, would disrupt longtime practices in the fast-food industry and ease the way for unionizing nationwide.
Business groups called the decision outrageous. Some legal experts described it as a far-reaching move that could signal the labor board’s willingness to hold many other companies to the same standard of “joint employer,” making businesses that use subcontractors or temp agencies at least partly liable in cases of overtime, wage or union-organizing violations.
The ruling comes after the labor board’s legal team investigated myriad complaints that fast-food workers brought in the last 20 months, accusing McDonald’s and its franchisees of unfair labor practices.
Richard F. Griffin Jr., the labor board’s general counsel, said he found merit in 43 of the 181 claims, accusing McDonald’s restaurants of illegally firing, threatening or otherwise penalizing workers for their pro-labor activities.
In those cases, Mr. Griffin said he would include McDonald’s as a joint employer, a classification that could hold the company responsible for actions taken at thousands of its restaurants. Roughly 90 percent of the chain’s restaurants in the United States are franchise operations.
The fast-food workers who filed cases asserted that McDonald’s was a joint employer on the grounds that it orders its franchise owners to strictly follow its rules on food, cleanliness and employment practices and that McDonald’s often owns the restaurants that franchisees use.
McDonald’s said it would contest the decision, warning that the ruling would affect not only the fast-food industry but businesses like dry cleaners and car dealerships.
Heather Smedstad, a senior vice president for McDonald’s, said the N.L.R.B.’s move was wrong because the company does not determine or help determine decisions on hiring, wages or other employment matters. “McDonald’s also believes that this decision changes the rules for thousands of small businesses, and goes against decades of established law,” she said.
Throughout the debate to increase the minimum wage to $10.10 an hour, as well as the campaign to pressure McDonald’s and other restaurant chains to adopt a $15 wage floor, the companies have said that they do not set employee wages, that the franchise owners do. The N.L.R.B.’s decision would weaken that defense considerably.
Wilma Liebman, a former chairwoman of the National Labor Relations Board under President Obama and now an occasional consultant to unions, said the decision could give fast-food workers and labor unions leverage to get the company to negotiate about steps that would make it easier to organize McDonald’s restaurants. Similarly, she said, the ruling could give the workers and unions more clout in pressing McDonald’s to have its franchisees raise wages.
And in an era when companies increasingly use subcontractors and temp agencies to free themselves of employment decisions and headaches, experts said the ruling could force the companies to be more accountable.
“Employers like McDonald’s seek to avoid recognizing the rights of their employees by claiming that they are not really their employer, despite exercising control over crucial aspects of the employment relationship,” said Julius Getman, a labor law professor at the University of Texas. “McDonald’s should no longer be able to hide behind its franchisees.”
The next phase will unfold before administrative law judges hearing the employees’ claims. If the judges rule against McDonald’s on the joint-employer finding and the labor violations claimed, the company is likely to appeal to the full five-member labor board in Washington. Given that McDonald’s is arguing that the legal counsel’s ruling goes against three decades of law, the case could ultimately wind up before the Supreme Court.
The cases filed with the N.L.R.B. grew out of the five one-day strikes demanding a $15 wage that fast-food workers conducted against McDonald’s and other fast-food restaurants beginning in November 2012. Over 100 workers complained to the board, saying that they had been fired, had their hours cut or were otherwise punished for the protests.
In a statement, Angelo Amador, vice president for labor and work force policy for the National Restaurant Association, called the ruling another example of the Obama administration’s agenda against small businesses. The decision, he said, “overturns 30 years of established law regarding the franchise model in the United States, erodes the proven franchisor-franchisee relationship, and jeopardizes the success of 90 percent of America’s restaurants who are independent operators or franchisees.”
In 1982, a federal appeals court, echoing the labor board at the time, said that a company was to be considered a joint employer in situations where two or more employers exerted “significant control” over the same employees. In the years since, the board has adopted a narrower standard, holding that a company could be deemed a joint employer only when it directly controlled, for instance, a franchisee’s or a temp agency’s employment practices.With the decision on Tuesday, Mr. Griffin appears to be embracing the earlier “significant control” standard.
In the current cases, the fast-food workers, backed by the Service Employees International Union, said that McDonald’s had significant control over its franchisees’ employment practices, noting that it supplies many with software telling them how many employees to use at any given hour. The workers pointed to an instance in which McDonald’s even told a franchise owner that it was paying its employees too much. The average fast-food wage is about $8.90 an hour.
In a news release, the labor board said Mr. Griffin had dismissed 68 of the 181 cases filed.
The board said he was still investigating 64, while his office found that 43 had merit. Mr. Griffin is expected to try to reach a settlement with McDonald’s on those cases.
The Associated Press first reported the ruling on Tuesday.
David French, senior vice president with the National Retail Federation, said the decision confirmed the labor board was “just a government agency that serves as an adjunct for organized labor, which has fought for this decision for a number of years as a means to more easily unionize entire companies and industries.”
But lawyers for the workers asserted that considering McDonald’s influence over its franchisees, the decision merely recognized reality.
“McDonald’s can try to hide behind its franchisees, but today’s determination by the N.L.R.B. shows there’s no two ways about it: The Golden Arches is an employer, plain and simple,” said Micah Wissinger, a lawyer who filed complaints on behalf of several McDonald’s employees in New York. “The reality is that McDonald’s requires franchisees to adhere to such regimented rules and regulations that there’s no doubt who’s really in charge.”
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9) At Behest of Judge, U.S. Shortens Man’s 57-Year Mandatory Sentence
By MONIQUE O. MADAN
The resentencing hearing came to be only after the judge, John Gleeson, persuaded Loretta E. Lynch, the United States attorney for the Eastern District of New York, to vacate two of the three convictions against Francois Holloway, who had been prosecuted on carjacking and other charges.
Judge Gleeson, who presided over the hearing on Tuesday, did not argue that Mr. Holloway, 57, was innocent; his petition was based on what he called the unfairness of Mr. Holloway’s mandatory sentence, which was calculated using a requirement known as “stacking.” The provision, which some judges and lawyers argue is intended more as a recidivism measure, was applied to Mr. Holloway even though his crimes were committed hours apart.“You displayed hope for me and my family, and the family that I have yet to meet,” Mr. Holloway told Judge Gleeson at the hearing at Federal District Court in Brooklyn. “You will not regret this.”
Mr. Holloway was charged in 1995 with three counts of carjacking and using a gun during a violent crime (even though it was an accomplice, not Mr. Holloway, who carried the gun), along with participating in a chop shop.
Prosecutors offered him an 11-year plea deal that he turned down after his lawyer persuaded him that he would be acquitted at trial. Mr. Holloway lost.
For the first conviction on the gun count, the law required Mr. Holloway to receive five years. But for the second and third convictions, the law required 20 years for each one, served consecutively, in accordance with the stacking requirement.
Since prosecutors agreed last week to vacate two of the three convictions, the stacking provision no longer applied to Mr. Holloway.
“A prosecutor who says nothing can be done about an unjust sentence because all appeals and collateral challenges have been exhausted is actually choosing to do nothing about the unjust sentence,” Judge Gleeson wrote in a memorandum about Ms. Lynch’s decision released on Monday. “Some will make a different choice, as Ms. Lynch did here.”
All of Mr. Holloway’s co-defendants pleaded guilty and served no more than six years.
Mr. Holloway, who was to have remained in prison until 2045, was given a sentence in 1996 that was more than twice the average sentence in the district for murder that year.
Although Mr. Holloway’s federal prison time was satisfied as a result of the resentencing, he will not walk out a free man just yet. He still owes New York State a minimum of nine months before he is eligible for parole, stemming from a 1991 drug-selling conviction. He will also be placed under five years of supervised release, and must perform 100 hours of community service.
Mr. Holloway’s lawyer, Harlan J. Protass, said his client intended to get a commercial driver’s license and work for a trucking company once he was released.
“Second looks in the federal criminal justice system just don’t happen — ever,” Mr. Protass said. “Except when they do.”
Mr. Holloway, in court on Tuesday, waved at the three relatives who attended the hearing, and then smiled.
“Do you know how many funerals he missed? Seven,” his aunt, Sedatrius Hill, 63, said. “How many births he wasn’t there for? So many. He missed 20 years of his life.”
The last word went to Judge Gleeson, who spoke directly to Mr. Holloway.
“It says something about you that you are thanking me and the U.S. attorney’s office,” he said. “But it’s important that you know that this is not an act of grace. It’s an effort to do what we’re here to do: be fair and exercise justice. You have been given back 30 years of your life. All I have to say is, make it count.”
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10) The F.D.A.’s Blatant Failure on Food
By RUTH REICHL
EVERY year, antibiotic-resistant infections kill at least 23,000 Americans and make another two million sick, according to the Centers for Disease Control and Prevention. That’s why a recent ruling by the United States Second Circuit Court of Appeals is so appalling.
It allows the federal Food and Drug Administration to leave an antibiotic used in animal feed on the market even if the agency openly states that the drug’s use is not safe and increases the risk of antibiotic resistance in people. This means that the dangerous misuse of antibiotics in industrial livestock and poultry can continue unabated.
For years industrial meat and poultry producers have fed healthy animals antibiotics to fatten them up fast. The antibiotics also prevent disease in what are often overcrowded, unsanitary conditions. This practice breeds antibiotic-resistant bacteria that threaten us all.
The F.D.A. has issued a toothless voluntary guidance document for the industry, which requires no action to reduce antibiotic use and will therefore do little to nothing to stop the spread of antibiotic-resistant superbugs.
Why should we be concerned? Because the superbugs bred on industrial farms can easily travel to us in our food — as in the recent antibiotic-resistant salmonella outbreak linked to Foster Farms chicken that has sickened over 600 people. The superbugs also get into our water and our soil. Some of the antibiotic-resistant bacteria can cause life-threatening infections.
While prescribing unnecessary antibiotics to people is one widely known cause of the problem, the C.D.C. and leading medical groups have identified the misuse of drugs in livestock and poultry operations as another important contributor. Dr. Thomas R. Frieden, the C.D.C. director, has said of antibiotic resistance, “If we don’t act now, our medicine cabinet will be empty and we won’t have the antibiotics we need to save lives.” That’s a truly terrifying prospect.
And it’s one we don’t need to face. Although many industrial farmers claim that cleaning up their act will cost the rest of us at the cash register, responsible producers from Missouri to Denmark are already raising healthy livestock and poultry at competitive prices without the use of unnecessary drugs. Some mainstream food companies and their suppliers are starting to move in that direction, but it’s time all of the big meat and poultry firms joined them.
A fifth-generation pork producer, Russ Kremer of Missouri, is showing the way. In 1989, after an antibiotic-resistant infection from one of his pigs nearly killed him, he realized the danger of his antibiotic-dependent methods and decided to start over. He now raises pigs the natural way — free-roaming and without drugs — for his company, Heritage Acres Food. Today, buyers of his pork include Chipotle and Costco. He also leads a thriving pork cooperative, showing dozens of producers that they, too, can make similar conversions at a profit.
And Mr. Kremer is hardly alone. In Denmark, one of the world’s largest pork exporters, industrial farmers have cut overall antibiotic use by more than 40 percent while increasing production. The European Union, with its additional 27 member nations, also prohibits the misuse of growth-promoting antibiotics.
While the F.D.A. continues to drag its feet, it’s time for cooks and consumers to step in. We can play an important, proactive role in protecting against superbugs by changing the marketplace. Insist that your supermarkets stock meat and poultry raised without antibiotics. Demand that your restaurants do the same. An increasing number of major food companies, including Whole Foods, Chick-fil-A, Chipotle, Applegate and Panera Bread, have gotten on board, proof that as we vote with our wallets and our roasting pans, producers will rise to meet us.
Food should be delicious. It should also be good for you. We shouldn’t have to worry that we’re endangering our health each time we put a morsel of meat into our mouths. Rather than protecting the unsafe practices of the country’s animal agriculture industry, it’s time the F.D.A. followed its mandate and put America’s health first.
Ruth Reichl, a food writer and author, is a former restaurant critic for The New York Times and editor of Gourmet.
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11) Netanyahu Vows to Continue Destroying Gaza Tunnels
By ISABEL KERSHNER and FARES AKRAM
http://www.nytimes.com/2014/08/01/world/middleeast/israel-gaza-conflict.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region®ion=top-news&WT.nav=top-news
“So far we have neutralized tens of terror tunnels,” Mr. Netanyahu said in televised remarks at the start of a government meeting at military headquarters in Tel Aviv. “We are determined to continue to complete this mission with or without a cease-fire,” he added.
Maj. Gen. Sami Turgeman, the chief of the Israeli military’s southern command, said on Wednesday that it would take “a few more days” to destroy the tunnels that Israel had already located, many of which run beneath the border into Israeli territory.As the Israeli operation extended into its 24th day, and in the absence of any quick progress in international efforts to forge a cease-fire deal, the Israeli military said it had called up an additional 16,000 reserve soldiers, bringing the total number of those called up to 86,000. A military official said the move was meant “to maintain the army’s preparedness and flexibility” and to allow other reservists to take a break. He said it did not signify plans for any immediate broadening of the ground invasion.
Hamas’s military wing in Gaza has so far indicated that it would reject any cease-fire that allows Israel’s forces to continue operating inside the Gaza Strip. Israeli analysts say that if no deal is reached by the time Israel has completed its work on the tunnels, the government will have to decide between unilaterally withdrawing the ground forces or expanding the goals of the operation and going deeper into Gaza.
Hamas officials in hiding in Gaza issued statements responding to Mr. Netanyahu’s remarks as the Palestinians worked to put together a delegation for possible cease-fire talks in Cairo.
“The Israeli prime minister is in crisis due to the strikes of the resistance and he is seeking an exit,” Khalil Al-Hayya, a leader in the group’s political wing, said in a statement. “His only exit is accepting the conditions set by the resistance.”
Fawzi Barhoum, a spokesman for Hamas, said: “Netanyahu is gambling with his people and pushing his army to the unknown to maintain his stature, position and allies regionally and internationally. They fooled him and pushed him to a loser’s war with uncalculated consequences.”
At least nine Palestinians were killed in Israeli airstrikes and shelling early Thursday, according to health officials in Gaza, bringing the Palestinian death toll to 1,370, with many civilians among the dead. Israel began its aerial offensive on July 8 and sent in ground forces on July 17, with the stated goals of quelling heavy rocket fire from Gaza into Israel and severely damaging Hamas’s fortified tunnel network in the Palestinian coastal enclave.
On the Israeli side 56 soldiers have been killed in the ground war and two Israeli civilians and a Thai agricultural worker have been killed by rocket and mortar fire. Rocket fire into southern Israel continued on Thursday.
The Israeli military also said its forces spotted a militant emerging from a tunnel shaft in the northern Gaza Strip on Thursday morning and killed him, and that another force spotted a squad of five militants who were then targeted in an airstrike.
The Israeli security cabinet agreed on Wednesday “to continue the operation against Hamas,” especially focusing on its tunnel network, an Israeli government official said, describing the destruction of the tunnels as “crucial” for Israel because they threaten Israeli civilian communities along the border with Gaza.
The official, who was speaking on the condition of anonymity because he was not authorized to discuss the issue publicly, also said that Israel would continue, in coordination with the United Nations, to allow temporary humanitarian pauses in the fighting.
But one such four-hour lull declared by Israel on Wednesday created confusion and ended with multiple casualties. At least 17 Palestinians were reported killed and as many as 200 were wounded when multiple shells hit an area in the Shejaiya neighborhood of east Gaza City, which residents thought was temporarily safe but the Israelis considered part of a combat zone.
Israel had said that the lull did not apply in areas where it was operating in Gaza and where hostilities were continuing. Hamas had immediately rejected the pause, saying it was worthless because it did not allow for the removal of injured from those areas.
Isabel Kershner reported from Jerusalem and Fares Akram from Gaza.
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12) U.N. Says ‘Evidence’ Points to Israel in Gaza School Attack
July 31, 2014
http://www.nytimes.com/2014/07/31/world/middleeast/un-says-evidence-points-to-israel-in-gaza-school-attack.html?ref=world
“Nothing is more shameful than attacking sleeping children,” the secretary general told reporters in San Jose, Costa Rica, according to a transcript provided by his office. It was Mr. Ban’s strongest comments to date on attacks on United Nations installations in Gaza, where Palestinians have been taking shelter. Six United Nations staff members have been killed in the current conflict so far.
United Nations officials said that they had informed Israel 17 times of the precise location of the school and that there were civilians sheltering there, including once at 8:50 p.m., just hours before the attack on Wednesday.
Responding to Israeli statements that its soldiers were responding to rocket fire from near the school, the United Nations deputy secretary general, Jan Eliasson, drew attention to the Geneva Convention, which in laying out the rules of war unequivocally prohibits attacks on schools and hospitals.
“This is a moment where you really have to say ‘enough is enough,’ and you have to search for the right words to convince those who have the power to stop this,” Mr. Eliasson said.
Israeli soldiers need to consider where civilians are seeking refuge, even as they retaliate against Hamas rockets, Mr. Eliasson told reporters at an emotionally charged briefing at United Nations headquarters. The vast majority of those killed in Gaza have been civilians, he said, in sharp contrast to Israel, where only a handful of civilians have been killed and soldiers have made up the majority of the death toll.
Asked repeatedly whether Israel would be held accountable for possible war crimes, Mr. Eliasson would say only: “The scale of the response is of such a violent nature, questions of accountability come up.”
Sandwiched between the sea and the Israeli and Egyptian borders, Gazans basically have nowhere to run except to United Nations compounds, where they hope for protection, Mr. Eliasson said. Some 1.7 million people live in Gaza, a strip of land that he equated to the size of metropolitan Detroit or Washington.
He said also that officials in Mr. Ban’s office were drafting a series of options to protect civilians, in response to a vague request from the Palestinian Authority president, Mahmoud Abbas, for an international protection force. Security Council diplomats had asked Mr. Ban’s office to present options, and his legal advisers had met with Palestinian diplomats in recent days, but they were still far from coming up with anything specific. Among the parallels that have been floated are examples of international troops dispatched to East Timor and Kosovo.
United Nations diplomats have said privately that nothing of the sort can happen before a cease-fire and a promise from Hamas to stop firing rockets at Israel.
“We have discussed the issue with the Security Council,” Mr. Eliasson said. “It’s not an easy thing to think about.”
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13) Fourteen More Brooklyn Convictions Linked to Scarcella Are Examined
The Brooklyn district attorney’s office has identified 14 more cases on which the former New York City police detective Louis Scarcella worked, expanding the scope of the office’s broad inquiry into Mr. Scarcella’s work.
The additional cases emerged as investigators considered different spellings of Mr. Scarcella’s name while poring over records, and as they examined cases on which Mr. Scarcella’s longtime partner, Detective Stephen W. Chmil, was listed as the lead detective, making Mr. Scarcella’s involvement less obvious, Helen Peterson, a spokeswoman for Kenneth P. Thompson, the district attorney, said on Wednesday.
The newly uncovered cases bring to 71 the number of cases connected to Mr. Scarcella that the office’s conviction-review unit is investigating; the unit is also investigating about 30 other problematic cases. Most of them date back to the 1980s and ’90s.
The district attorney’s office began looking into Mr. Scarcella’s cases last year under Mr. Thompson’s predecessor, Charles J. Hynes, after questions were raised about Mr. Scarcella’s methods, such as his repeated reliance on a crack-addicted eyewitness and confessions that suspects said they had never given.
Mr. Scarcella has denied any wrongdoing.
While all of the murder cases resulting in convictions that Mr. Scarcella worked on are being examined as a matter of policy, lawyers, people who were convicted and their friends or family members can ask the unit to review cases that involve what they believe were improperly obtained convictions.
Mr. Thompson’s office has so far vacated the murder convictions of seven men whose cases the unit reviewed. Seventeen convictions have been upheld.
The emergence of the 14 added cases tied to Mr. Scarcella was first reported by The Daily News.
When Mr. Thompson took office in January, he expanded the conviction-review unit to 10 lawyers from two, and added three detective investigators. He also added a three-person review panel of outside lawyers and appointed a Harvard Law School professor, Ronald S. Sullivan Jr., as a consultant to the unit. In investigating a case, the unit’s staff may interview the original witnesses, revisit the crime scene or comb through files looking for evidence that may not have been presented at the trial. Once the unit has finished its inquiry, it prepares a report, and the outside panel weighs in before Mr. Thompson makes a final decision.
Mr. Scarcella is linked to four of the seven convictions that Mr. Thompson has vacated this year. Three of the four men involved in those cases were cleared chiefly because the unit deemed a crack addict that Mr. Scarcella used as the central witness against them “extremely problematic,” as a conviction-review unit lawyer, Mark Hale, said in court.
In the fourth case, Mr. Thompson vacated the murder conviction of Roger Logan after the conviction-review unit uncovered various problems with the prosecution. Among other things, the unit’s lawyers found documents that showed that a key witness was in jail when she claimed to have observed Mr. Logan just before the murder in question. Mr. Scarcella had interviewed Mr. Logan soon after the murder. After his conviction was vacated, Mr. Logan told reporters that Mr. Scarcella had “framed” him.
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C.
SPECIAL APPEALS AND
ONGOING
CAMPAIGNS
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Free the Whistle-Blowers
An Appeal from Daniel Ellsberg
I am immensely thankful to both these young whistle-blowers who have so bravely stood up against the powerful forces of the US government in order to reveal corruption, illegal spying and war crimes. They were both motivated by their commitments to democracy and justice. They both chose to reveal information directly to the public, at great cost to themselves, so that citizens and taxpayers could be fully informed of the facts. They also revealed the amazing potential of new technologies to increase public access to information and strengthen democracy. It saddens me that our current political leaders, rather than embracing this potential, have chosen to tighten their strangleholds on power and information, turning away from both progress and justice.
Shockingly, the Obama administration has prosecuted more whistle-blowers under the Espionage Act than every previous president combined. These heroes do not deserve to be thrown in prison or called a traitor for doing the right thing. Obama’s unprecedented and unconstitutional abuse of the Espionage Act—as if it were a British-type Official Secrets Act, never intended by Congress and a violation of our First Amendment—and Manning’s 35-year prison sentence will have a chilling effect on future citizens’ willingness to uncover hidden injustices. The government has already brought comparable charges against Snowden.
The only remedy to this chilling precedent, designed to effect government whistle-blowers as a whole, is to overturn the Manning verdict. Given that Manning’s court martial produced the longest trial record in US military history, it will take a top legal team countless hours to prepare their defense. But as an Advisory Board member for the Chelsea Manning Support Network, I was inspired by the way citizens around the world stepped forward to help fund a strong defense during Manning’s trial. I remain hopeful that enough people will recognize the immense importance of these appeals and will contribute to help us finish the struggle we started. That struggle, of course, is for a just political system and freedom for our whistle-blowers.
Chelsea Manning has continued to demonstrate uncommon bravery and character, even from behind bars. With the New York Times Op-Ed she published last month, she has cemented her position as a compelling voice for government reform. Working as an intelligence analyst in Iraq, Manning was privy to a special view of the inner-workings of our military’s propaganda systems. Despite her personal struggles, she felt compelled to share her knowledge of what was happening in Iraq with the Americans people. If the military hadn’t hidden the number of civilian casualties and incidences of torture detailed in the Iraq Logs she released, we would have known far sooner to expect the civil war that has gripped Iraq fully today. Her exposure of US knowledge of the corruption in Tunisia, by the dictator our government supported, was a critical catalyst of the non-violent uprising which toppled that dictator, in turn directly inspiring the occupation of Tahrir Square in Egypt and then the Occupy movement in the US
I personally am inspired by Chelsea Manning as I am by Edward Snowden, which is why I have spent countless hours advocating for both of them. I’m asking you to join me today in supporting what I believe to be one of the most important legal proceedings in our country’s history. We are fortunate to have a truly impressive legal team that has agreed to partner with us. Already, our new appeals attorney Nancy Hollander and her team have begun to research legal strategies, and are collaborating with Amnesty International, the American Civil Liberties Union, and the international news media to highlight the significance of this case.
Chelsea is only 26 now, younger than I was when I learned to recognize the injustices of the Vietnam War. She wishes to complete her education, as I did, and go into public service. Imagine what great things she could both learn and teach the world if she were free. Now imagine if our corrupt government officials are allowed to get their way, holding her behind bars until life has almost passed her by, and extraditing Snowden to suffer the same outcome. What a sad result that would be for our country and our humanity.
I have been waiting forty years for a legal process to at long last prove the unconstitutionality of the Espionage Act as applied to whistle-blowers (the Supreme Court has never yet addressed this issue). This appeals process can accomplish that, and it can reduce Chelsea’s sentence by decades. But unfortunately, without your help today it will not happen. We must raise $100,000 by September 1st, to ensure that Chelsea’s team have the resources to fully fight this stage of the appeals process.
Unless Manning’s conviction is overturned in appeals, Snowden and many other whistle-blowers, today and in the future, will face a similar fate. And with them will perish one of the most critical lifelines for our democracy. But you can join me in fighting back. I’m asking you to do it for Chelsea, to do it for Snowden, and to do it because it’s the right thing to do to preserve our democracy. We can only win this great struggle with your help. Please contribute to help us fund Chelsea’s legal appeals today.
It’s time we band together on the right side of history once again.
Free the Whistle-Blowers
An Appeal from Daniel Ellsberg
July 21, 2014 by Daniel Ellsberg
NSA whistle-blower Edward Snowden, a personal hero of mine, has recently filed to renew his asylum in Russia. Exiled thousands of miles from friends and family, he awaits his fate. He learned from the example of another top hero of mine, Chelsea Manning. Manning helped inspire his revelations that if he released his vital information while in this country he would have been held incommunicado in isolation as Chelsea was for over ten months—in Snowden’s case probably for the rest of his life. And facing comparable charges to Chelsea’s, he would have no more chance than Chelsea to have a truly fair trial—being prevented by the prosecution and judge (as I was, forty years ago) from even raising arguments of public interest or lack of harm in connection with his disclosures. Contrary to the hollow advice of Hillary Clinton or John Kerry, if he were to return to America he would not be able to “make his case” neither “in court,” nor “to the public” from a prison cell.I am immensely thankful to both these young whistle-blowers who have so bravely stood up against the powerful forces of the US government in order to reveal corruption, illegal spying and war crimes. They were both motivated by their commitments to democracy and justice. They both chose to reveal information directly to the public, at great cost to themselves, so that citizens and taxpayers could be fully informed of the facts. They also revealed the amazing potential of new technologies to increase public access to information and strengthen democracy. It saddens me that our current political leaders, rather than embracing this potential, have chosen to tighten their strangleholds on power and information, turning away from both progress and justice.
Shockingly, the Obama administration has prosecuted more whistle-blowers under the Espionage Act than every previous president combined. These heroes do not deserve to be thrown in prison or called a traitor for doing the right thing. Obama’s unprecedented and unconstitutional abuse of the Espionage Act—as if it were a British-type Official Secrets Act, never intended by Congress and a violation of our First Amendment—and Manning’s 35-year prison sentence will have a chilling effect on future citizens’ willingness to uncover hidden injustices. The government has already brought comparable charges against Snowden.
The only remedy to this chilling precedent, designed to effect government whistle-blowers as a whole, is to overturn the Manning verdict. Given that Manning’s court martial produced the longest trial record in US military history, it will take a top legal team countless hours to prepare their defense. But as an Advisory Board member for the Chelsea Manning Support Network, I was inspired by the way citizens around the world stepped forward to help fund a strong defense during Manning’s trial. I remain hopeful that enough people will recognize the immense importance of these appeals and will contribute to help us finish the struggle we started. That struggle, of course, is for a just political system and freedom for our whistle-blowers.
Chelsea Manning has continued to demonstrate uncommon bravery and character, even from behind bars. With the New York Times Op-Ed she published last month, she has cemented her position as a compelling voice for government reform. Working as an intelligence analyst in Iraq, Manning was privy to a special view of the inner-workings of our military’s propaganda systems. Despite her personal struggles, she felt compelled to share her knowledge of what was happening in Iraq with the Americans people. If the military hadn’t hidden the number of civilian casualties and incidences of torture detailed in the Iraq Logs she released, we would have known far sooner to expect the civil war that has gripped Iraq fully today. Her exposure of US knowledge of the corruption in Tunisia, by the dictator our government supported, was a critical catalyst of the non-violent uprising which toppled that dictator, in turn directly inspiring the occupation of Tahrir Square in Egypt and then the Occupy movement in the US
I personally am inspired by Chelsea Manning as I am by Edward Snowden, which is why I have spent countless hours advocating for both of them. I’m asking you to join me today in supporting what I believe to be one of the most important legal proceedings in our country’s history. We are fortunate to have a truly impressive legal team that has agreed to partner with us. Already, our new appeals attorney Nancy Hollander and her team have begun to research legal strategies, and are collaborating with Amnesty International, the American Civil Liberties Union, and the international news media to highlight the significance of this case.
Chelsea is only 26 now, younger than I was when I learned to recognize the injustices of the Vietnam War. She wishes to complete her education, as I did, and go into public service. Imagine what great things she could both learn and teach the world if she were free. Now imagine if our corrupt government officials are allowed to get their way, holding her behind bars until life has almost passed her by, and extraditing Snowden to suffer the same outcome. What a sad result that would be for our country and our humanity.
I have been waiting forty years for a legal process to at long last prove the unconstitutionality of the Espionage Act as applied to whistle-blowers (the Supreme Court has never yet addressed this issue). This appeals process can accomplish that, and it can reduce Chelsea’s sentence by decades. But unfortunately, without your help today it will not happen. We must raise $100,000 by September 1st, to ensure that Chelsea’s team have the resources to fully fight this stage of the appeals process.
Unless Manning’s conviction is overturned in appeals, Snowden and many other whistle-blowers, today and in the future, will face a similar fate. And with them will perish one of the most critical lifelines for our democracy. But you can join me in fighting back. I’m asking you to do it for Chelsea, to do it for Snowden, and to do it because it’s the right thing to do to preserve our democracy. We can only win this great struggle with your help. Please contribute to help us fund Chelsea’s legal appeals today.
It’s time we band together on the right side of history once again.
Daniel Ellsberg
Please contribute to help us fund Chelsea’s legal appeals today!
Learn now how you can write a letter to be included in Chelsea Manning’s official application for clemency!
Please share this information to friends and community leaders, urging them to add their voice to this important effort before it's too late.
Please share this information to friends and community leaders, urging them to add their voice to this important effort before it's too late.
http://www.privatemanning.org/pardonpetition
Help
us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
of Pvt. Manning's legal fees! Donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38591
COURAGE
TO RESIST
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
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Only an Innocent Man Would Voluntarily Return
to Prison to Fight Against his Life Sentence
and For Exoneration —
That Courageous Man is Lorenzo Johnson.
The PA Attorney General’s Office Agrees to Investigate New Facts and Witnesses —
Send Your Message Now to PA AG
Kathleen Kane: Dismiss the Charges!
Free Lorenzo Johnson!
On January 29, 2014 Lorenzo Johnson’s attorney, Michael Wiseman, met with representatives of PA Attorney General Kathleen Kane to discuss the new evidence of Lorenzo Johnson’s innocence contained in legal filings now pending in the Pennsylvania courts. This includes affidavits confirming Johnson’s presence in New York City at the time of the Harrisburg murder and the identity of the actual killers, as well as police and prosecutorial misconduct.
Attorney Wiseman said Kane’s office promised to investigate these new facts in order to assess whether they merit the relief that Lorenzo Johnson seeks in his PCRA petition.
Speaking to AP reporter Mary Claire Dale on February 11, 2014 Wiseman said, “We believe the witnesses we presented to them are credible, and give a coherent version of the events. I take them at their word, that they’re going to do a straightforward, honest review.” Kane spokesman Joe Peters confirmed the meeting to AP “but said the office won’t comment on the new evidence until the court filing,” (referring to the March 31, 2014 date for the AG’s response to Johnson’s October 2013 court filing).
It is the Office of the PA Attorney General that is responsible for the false prosecution of Lorenzo Johnson from trial through appeals. And just a few months ago, the Attorney General’s office opposed a federal petition based on this new evidence saying there was no prima facie claim for relief. This resulted in the denial of Lorenzo Johnson’s Motion to File a Second Writ of Habeas Corpus in the federal court.
On December 18, 2013 a press conference called by the Campaign to Free Lorenzo Johnson protested these actions of the PA Attorney General and delivered petitions demanding dismissal of the charges and immediate freedom for Lorenzo. Tazza, Lorenzo’s wife, declared, “1,000 signatures means we are not in this alone…I won't stop until he’s home. There is nothing and no one that can stop me from fighting for what’s right.”
This is Lorenzo Johnson’s second fight for his innocence and freedom. In January 2012, after 16 years of court battles to prove his innocence, a federal appeals court held his sentence was based on insufficient evidence – a judicial acquittal. Lorenzo was freed from prison. But after a petition filed by the PA Attorney General the U.S. Supreme Court reinstated Lorenzo Johnson’s conviction and he was re-incarcerated to continue serving a life sentence without parole for a murder he did not commit.
This innocent man drove himself back to prison in June 2012—after less than five months of freedom—leaving his new wife and family, construction job and advocacy on behalf of others wrongfully convicted. The reason Lorenzo Johnson voluntarily returned to prison? Because he is innocent and fighting for full vindication.
In the words of Lorenzo Johnson, “A second is too long to be in prison when you are Innocent, so eighteen years … is Intolerable.”
Add your voices and demand again: Dismiss the charges against Lorenzo Johnson. Free Lorenzo NOW!
SIGN LORENZO JOHNSON'S FREEDOM PETITION
CONTRIBUTE TO HELP TAZZA AND THE OTHER FAMILY MEMBERS VISIT LORENZO AND STAY IN CONTACT!
Write: Lorenzo Johnson
DF 1036
SCI Mahanoy
301 Morea Rd.
Frackville, PA 17932
Email: Lorenzo Johnson through JPAY.com code:
Lorenzo Johnson DF 1036 PA DOC
www.FreeLorenzoJohnson.org
Only an Innocent Man Would Voluntarily Return
to Prison to Fight Against his Life Sentence
and For Exoneration —
That Courageous Man is Lorenzo Johnson.
The PA Attorney General’s Office Agrees to Investigate New Facts and Witnesses —
Send Your Message Now to PA AG
Kathleen Kane: Dismiss the Charges!
Free Lorenzo Johnson!
On January 29, 2014 Lorenzo Johnson’s attorney, Michael Wiseman, met with representatives of PA Attorney General Kathleen Kane to discuss the new evidence of Lorenzo Johnson’s innocence contained in legal filings now pending in the Pennsylvania courts. This includes affidavits confirming Johnson’s presence in New York City at the time of the Harrisburg murder and the identity of the actual killers, as well as police and prosecutorial misconduct.
Attorney Wiseman said Kane’s office promised to investigate these new facts in order to assess whether they merit the relief that Lorenzo Johnson seeks in his PCRA petition.
Speaking to AP reporter Mary Claire Dale on February 11, 2014 Wiseman said, “We believe the witnesses we presented to them are credible, and give a coherent version of the events. I take them at their word, that they’re going to do a straightforward, honest review.” Kane spokesman Joe Peters confirmed the meeting to AP “but said the office won’t comment on the new evidence until the court filing,” (referring to the March 31, 2014 date for the AG’s response to Johnson’s October 2013 court filing).
It is the Office of the PA Attorney General that is responsible for the false prosecution of Lorenzo Johnson from trial through appeals. And just a few months ago, the Attorney General’s office opposed a federal petition based on this new evidence saying there was no prima facie claim for relief. This resulted in the denial of Lorenzo Johnson’s Motion to File a Second Writ of Habeas Corpus in the federal court.
On December 18, 2013 a press conference called by the Campaign to Free Lorenzo Johnson protested these actions of the PA Attorney General and delivered petitions demanding dismissal of the charges and immediate freedom for Lorenzo. Tazza, Lorenzo’s wife, declared, “1,000 signatures means we are not in this alone…I won't stop until he’s home. There is nothing and no one that can stop me from fighting for what’s right.”
This is Lorenzo Johnson’s second fight for his innocence and freedom. In January 2012, after 16 years of court battles to prove his innocence, a federal appeals court held his sentence was based on insufficient evidence – a judicial acquittal. Lorenzo was freed from prison. But after a petition filed by the PA Attorney General the U.S. Supreme Court reinstated Lorenzo Johnson’s conviction and he was re-incarcerated to continue serving a life sentence without parole for a murder he did not commit.
This innocent man drove himself back to prison in June 2012—after less than five months of freedom—leaving his new wife and family, construction job and advocacy on behalf of others wrongfully convicted. The reason Lorenzo Johnson voluntarily returned to prison? Because he is innocent and fighting for full vindication.
In the words of Lorenzo Johnson, “A second is too long to be in prison when you are Innocent, so eighteen years … is Intolerable.”
Add your voices and demand again: Dismiss the charges against Lorenzo Johnson. Free Lorenzo NOW!
SIGN LORENZO JOHNSON'S FREEDOM PETITION
CONTRIBUTE TO HELP TAZZA AND THE OTHER FAMILY MEMBERS VISIT LORENZO AND STAY IN CONTACT!
Write: Lorenzo Johnson
DF 1036
SCI Mahanoy
301 Morea Rd.
Frackville, PA 17932
Email: Lorenzo Johnson through JPAY.com code:
Lorenzo Johnson DF 1036 PA DOC
www.FreeLorenzoJohnson.org
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U.S.
Court of Appeals Rules Against Lorenzo Johnson’s
New Legal Challenge to His Frame-up Conviction!
Demand the PA Attorney General Dismiss the Charges!
Free Lorenzo Johnson, Now!
New Legal Challenge to His Frame-up Conviction!
Demand the PA Attorney General Dismiss the Charges!
Free Lorenzo Johnson, Now!
The
U.S. Court of Appeals for the Third Circuit denied Lorenzo Johnson’s motion to
file a Second Habeas Corpus Petition. The order contained the outrageous
declaration that Johnson hadn’t made a “prima facie case” that he had new
evidence of his innocence. This not only puts a legal obstacle in Johnson’s
path as his fight for freedom makes its way (again) through the state and
federal courts—but it undermines the newly filed Pennsylvania state appeal that
is pending in the Court of Common Pleas.
Stripped
of “legalese,” the court’s October 15, 2013 order says Johnson’s new
evidence was not brought into court soon enough—although it was the prosecution
and police who withheld evidence and coerced witnesses into lying or not coming
forward with the truth! This, despite over fifteen years and rounds of legal
battles to uncover the evidence of government misconduct. This is a set-back
for Lorenzo Johnson’s renewed fight for his freedom, but Johnson is even more
determined as his PA state court appeal continues.
Increased
public support and protest is needed. The fight for Lorenzo Johnson’s freedom
is not only a fight for this courageous man and family. The fight for Lorenzo
Johnson is also a fight for all the innocent others who have been framed and
are sitting in the slow death of prison. The PA Attorney General is directly
pursuing the charges against Lorenzo, despite the evidence of his innocence and
the corruption of the police. Free Lorenzo Johnson, Now!
—Rachel
Wolkenstein, Esq.
October 25, 2013
For
more on the federal court and PA state court legal filings.
Hear
Mumia’s latest commentary, “Cat Cries”
Go
to: www.FreeLorenzoJohnson.org for more information, to sign the petition, and
how to help.
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SAVE
CCSF!
Posted
on August 25, 2013
Cartoon
by Anthonty Mata for CCSF Guardsman
DOE
CAMPAIGN
We
are working to ensure that the ACCJC’s authority is not renewed by the
Department of Education this December when they are up for their 5-year
renewal. Our campaign made it possible for over 50 Third Party Comments to be
sent to the DOE re: the ACCJC. Our next step in this campaign is to send a
delegation from CCSF to Washington, D.C. to give oral comments at the hearing
on December 12th. We expect to have an array of forces aligned on the other
side who have much more money and resources than we do.
So
please support this effort to get ACCJC authority revoked!
LEGAL
CAMPAIGN
Save
CCSF members have been meeting with Attorney Dan Siegel since last May to
explore legal avenues to fight the ACCJC. After much consideration, and
consultation with AFT 2121’s attorney as well as the SF City Attorney’s office,
Dan has come up with a legal strategy that is complimentary to what is already
being pursued. In fact, AFT 2121’s attorney is encouraging us to go forward.
The
total costs of pursuing this (depositions, etc.) will be substantially more
than $15,000. However, Dan is willing to do it for a fixed fee of $15,000. He
will not expect a retainer, i.e. payment in advance, but we should start
payments ASAP. If we win the ACCJC will have to pay our costs.
PLEASE
HELP BOTH OF THESE IMPORTANT EFFORTS!
Checks
can be made out to Save CCSF Coalition with “legal” in the memo line and sent
to:
Save
CCSF Coalition
2132
Prince St.
Berkeley, CA 94705
Or
you may donate online: http://www.gofundme.com/4841ns
http://www.saveccsf.org/
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16 Years in Solitary Confinement Is Like a "Living Tomb"
American
Civil Liberties Union petition to end long-term solitary confinement:
California
Corrections Secretary Jeffrey Beard: We stand with the prisoners on hunger
strike. We urge you to comply with the US Commission on Safety and Abuse in
America’s Prisons 2006 recommendations regarding an end to long-term solitary
confinement.
In
California, hundreds of prisoners have been held in solitary for more than a
decade – some for infractions as trivial as reading Machiavelli's "The
Prince."
Gabriel
Reyes describes the pain of being isolated for at least 22 hours a day for the
last 16 years:
“Unless
you have lived it, you cannot imagine what it feels like to be by yourself,
between four cold walls, with little concept of time…. It is a living tomb …’ I
have not been allowed physical contact with any of my loved ones since 1995…I
feel helpless and hopeless. In short, I am being psychologically tortured.”
That’s
why over 30,000 prisoners in California began a hunger strike – the biggest the
state has ever seen. They’re refusing food to protest prisoners being held for
decades in solitary and to push for other changes to improve their basic
conditions.
California
Corrections Secretary Jeffrey Beard has tried to dismiss the strikers and
refuses to negotiate, but the media pressure is building through the strike. If
tens of thousands of us take action, we can help keep this issue in the
spotlight so that Secretary Beard can’t ignore the inhumane treatment of
prisoners.
Sign
the petition urging Corrections Secretary Beard to end the use of long-term
solitary confinement.
Solitary
is such an extreme form of punishment that a United Nations torture rapporteur
called for an international ban on the practice except in rare occasions.
Here’s why:
The
majority of the 80,000 people held in solitary in this country are severely
mentally ill or because of a minor infraction (it’s a myth that it’s only for
violent prisoners)
Even
for people with stable mental health, solitary causes severe psychological
reactions, often leading people to attempt suicide
It
jeopardizes public safety because prisoners held in solitary have a harder time
reintegrating into society.
And
to add insult to injury, the hunger strikers are now facing retaliation – their
lawyers are being restricted from visiting and the strikers are being punished.
But the media continues to write about the hunger strike and we can help keep
the pressure on Secretary Beard by signing this petition.
Sign
the petition urging Corrections Secretary Beard to end the use of long-term
solitary confinement.
Our
criminal justice system should keep communities safe and treat people fairly.
The use of solitary confinement undermines both of these goals – but little by
little, we can help put a stop to such cruelty.
Thank
you,
Anthony
for the ACLU Action team
P.S.
The hunger strikers have developed five core demands to address their basic
conditions, the main one being an end to long-term solitary confinement. They
are:
-End
group punishment – prisoners say that officials often punish groups to address
individual rule violations
-Abolish
the debriefing policy, which is often demanded in return for better food or
release from solitary
-End
long-term solitary confinement
-Provide
adequate and nutritious food
-Expand
or provide constructive programming and privileges for indefinite SHU inmates
Sources
“Solitary
- and anger - in California's prisons.” Los Angeles Times July 13, 2013
“Pelican
Bay Prison Hunger-Strikers' Stories: Gabriel Reyes.” TruthOut July 9, 2013
“Solitary
confinement should be banned in most cases, UN expert says.” UN News October
18, 2011
"Stop
Solitary - Two Pager" ACLU.org
*---------*---------*---------*---------*---------*---------*
What
you Didn't know about NYPD's Stop and Frisk program !
http://www.youtube.com/watch?feature=player_embedded&v=rfJHx0Gj6ys#at=990
*---------*---------*---------*---------*---------*---------*
Egypt:
The Next President -- a little Egyptian boy speaks his remarkable mind!
http://www.youtube.com/watch?v=QeDm2PrNV1I
*---------*---------*---------*---------*---------*---------*
Wealth
Inequality in America
[This
is a must see to believe video...bw]
https://www.youtube.com/watch?feature=player_embedded&v=QPKKQnijnsM
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Read
the transcription of hero Bradley Manning's 35-page statement explaining why he
leaked "state secrets" to WikiLeaks.
March
1, 2013
Alternet
The
statement was read by Pfc. Bradley Manning at a providence inquiry for his
formal plea of guilty to one specification as charged and nine specifications
for lesser included offenses. He pled not guilty to 12 other specifications.
This rush transcript was taken by journalist Alexa O'Brien at Thursday's
pretrial hearing and first appeared on Salon.com.
http://www.alternet.org/news-amp-politics/bradley-mannings-surprising-statement-court-details-why-he-made-his-historic?akid=10129.229473.UZvQfK&rd=1&src=newsletter802922&t=7
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
You
Have the Right to Remain Silent: NLG Guide to Law Enforcement Encounters
Posted
1 day ago on July 27, 2012, 10:28 p.m. EST by OccupyWallSt
Occupy
Wall Street is a nonviolent movement for social and economic justice, but in
recent days disturbing reports have emerged of Occupy-affiliated activists
being targeted by US law enforcement, including agents from the FBI and
Department of Homeland Security. To help ensure Occupiers and allied activists
know their rights when encountering law enforcement, we are publishing in full
the National Lawyers Guild's booklet: You Have the Right to Remain Silent. The
NLG provides invaluable support to the Occupy movement and other activists –
please click here to support the NLG.
We
strongly encourage all Occupiers to read and share the information provided
below. We also recommend you enter the NLG's national hotline number
(888-654-3265) into your cellphone (if you have one) and keep a copy handy.
This information is not a substitute for legal advice. You should contact the
NLG or a criminal defense attorney immediately if you have been visited by the
FBI or other law enforcement officials. You should also alert your relatives,
friends, co-workers and others so that they will be prepared if they are
contacted as well.
You
Have the Right to Remain Silent: A Know Your Rights Guide for Law Enforcement
Encounters
What
Rights Do I Have?
Whether
or not you're a citizen, you have rights under the United States Constitution.
The Fifth Amendment gives every person the right to remain silent: not to
answer questions asked by a police officer or government agent. The Fourth
Amendment restricts the government's power to enter and search your home or
workplace, although there are many exceptions and new laws have expanded the
government's power to conduct surveillance. The First Amendment protects your
right to speak freely and to advocate for social change. However, if you are a
non-citizen, the Department of Homeland Security may target you based on your
political activities.
Standing
Up For Free Speech
The
government's crusade against politically-active individuals is intended to
disrupt and suppress the exercise of time-honored free speech activities, such
as boycotts, protests, grassroots organizing and solidarity work. Remember that
you have the right to stand up to the intimidation tactics of FBI agents and
other law enforcement officials who, with political motives, are targeting
organizing and free speech activities. Informed resistance to these tactics and
steadfast defense of your and others' rights can bring positive results. Each
person who takes a courageous stand makes future resistance to government oppression
easier for all. The National Lawyers Guild has a long tradition of standing up
to government repression. The organization itself was labeled a
"subversive" group during the McCarthy Era and was subject to FBI
surveillance and infiltration for many years. Guild attorneys have defended
FBI-targeted members of the Black Panther Party, the American Indian Movement,
and the Puerto Rican independence movement. The NLG exposed FBI surveillance,
infiltration and disruption tactics that were detailed during the 1975-76
COINTELPRO hearings. In 1989 the NLG prevailed in a lawsuit on behalf of
several activist organizations, including the Guild, that forced the FBI to
expose the extent to which it had been spying on activist movements. Under the
settlement, the FBI turned over roughly 400,000 pages of its files on the
Guild, which are now available at the Tamiment Library at New York University.
What
if FBI Agents or Police Contact Me?
What
if an agent or police officer comes to the door?
Do
not invite the agents or police into your home. Do not answer any questions.
Tell the agent that you do not wish to talk with him or her. You can state that
your lawyer will contact them on your behalf. You can do this by stepping
outside and pulling the door behind you so that the interior of your home or
office is not visible, getting their contact information or business cards and
then returning inside. They should cease questioning after this. If the agent
or officer gives a reason for contacting you, take notes and give the
information to your attorney. Anything you say, no matter how seemingly
harmless or insignificant, may be used against you or others in the future.
Lying to or misleading a federal agent is a crime. The more you speak, the more
opportunity for federal law enforcement to find something you said (even if not
intentionally) false and assert that you lied to a federal officer.
Do
I have to answer questions?
You
have the constitutional right to remain silent. It is not a crime to refuse to
answer questions. You do not have to talk to anyone, even if you have been
arrested or are in jail. You should affirmatively and unambiguously state that
you wish to remain silent and that you wish to consult an attorney. Once you
make the request to speak to a lawyer, do not say anything else. The Supreme
Court recently ruled that answering law enforcement questions may be taken as a
waiver of your right to remain silent, so it is important that you assert your
rights and maintain them. Only a judge can order you to answer questions. There
is one exception: some states have "stop and identify" statutes which
require you to provide identity information or your name if you have been
detained on reasonable suspicion that you may have committed a crime. A lawyer
in your state can advise you of the status of these requirements where you
reside.
Do
I have to give my name?
As
above, in some states you can be detained or arrested for merely refusing to
give your name. And in any state, police do not always follow the law, and
refusing to give your name may make them suspicious or more hostile and lead to
your arrest, even without just cause, so use your judgment. Giving a false name
could in some circumstances be a crime.
Do
I need a lawyer?
You
have the right to talk to a lawyer before you decide whether to answer
questions from law enforcement. It is a good idea to talk to a lawyer if you
are considering answering any questions. You have the right to have a lawyer
present during any interview. The lawyer's job is to protect your rights. Once
you tell the agent that you want to talk to a lawyer, he or she should stop
trying to question you and should make any further contact through your lawyer.
If you do not have a lawyer, you can still tell the officer you want to speak to
one before answering questions. Remember to get the name, agency and telephone
number of any investigator who visits you, and give that information to your
lawyer. The government does not have to provide you with a free lawyer unless
you are charged with a crime, but the NLG or another organization may be able
to help you find a lawyer for free or at a reduced rate.
If
I refuse to answer questions or say I want a lawyer, won't it seem like I have
something to hide?
Anything
you say to law enforcement can be used against you and others. You can never
tell how a seemingly harmless bit of information might be used or manipulated
to hurt you or someone else. That is why the right not to talk is a fundamental
right under the Constitution. Keep in mind that although law enforcement agents
are allowed to lie to you, lying to a government agent is a crime. Remaining
silent is not. The safest things to say are "I am going to remain
silent," "I want to speak to my lawyer," and "I do not consent
to a search." It is a common practice for law enforcement agents to try to
get you to waive your rights by telling you that if you have nothing to hide
you would talk or that talking would "just clear things up." The fact
is, if they are questioning you, they are looking to incriminate you or someone
you may know, or they are engaged in political intelligence gathering. You
should feel comfortable standing firm in protection and defense of your rights
and refusing to answer questions.
Can
agents search my home or office?
You
do not have to let police or agents into your home or office unless they have
and produce a valid search warrant. A search warrant is a written court order
that allows the police to conduct a specified search. Interfering with a
warrantless search probably will not stop it and you might get arrested. But
you should say "I do not consent to a search," and call a criminal
defense lawyer or the NLG. You should be aware that a roommate or guest can
legally consent to a search of your house if the police believe that person has
the authority to give consent, and your employer can consent to a search of
your workspace without your permission.
What
if agents have a search warrant?
If
you are present when agents come for the search, you can ask to see the
warrant. The warrant must specify in detail the places to be searched and the
people or things to be taken away. Tell the agents you do not consent to the
search so that they cannot go beyond what the warrant authorizes. Ask if you
are allowed to watch the search; if you are allowed to, you should. Take notes,
including names, badge numbers, what agency each officer is from, where they
searched and what they took. If others are present, have them act as witnesses
to watch carefully what is happening. If the agents ask you to give them
documents, your computer, or anything else, look to see if the item is listed
in the warrant. If it is not, do not consent to them taking it without talking
to a lawyer. You do not have to answer questions. Talk to a lawyer first.
(Note: If agents present an arrest warrant, they may only perform a cursory
visual search of the premises to see if the person named in the arrest warrant
is present.)
Do
I have to answer questions if I have been arrested?
No.
If you are arrested, you do not have to answer any questions. You should
affirmatively and unambiguously state that you wish to assert your right to
remain silent. Ask for a lawyer right away. Do not say anything else. Repeat to
every officer who tries to talk to or question you that you wish to remain
silent and that you wish to speak to a lawyer. You should always talk to a
lawyer before you decide to answer any questions.
What
if I speak to government agents anyway?
Even
if you have already answered some questions, you can refuse to answer other
questions until you have a lawyer. If you find yourself talking, stop. Assert
that you wish to remain silent and that you wish to speak to a lawyer.
What
if the police stop me on the street?
Ask
if you are free to go. If the answer is yes, consider just walking away. If the
police say you are not under arrest, but are not free to go, then you are being
detained. The police can pat down the outside of your clothing if they have
reason to suspect you might be armed and dangerous. If they search any more
than this, say clearly, "I do not consent to a search." They may keep
searching anyway. If this happens, do not resist because you can be charged
with assault or resisting arrest. You do not have to answer any questions. You
do not have to open bags or any closed container. Tell the officers you do not
consent to a search of your bags or other property.
What
if police or agents stop me in my car?
Keep
your hands where the police can see them. If you are driving a vehicle, you
must show your license, registration and, in some states, proof of insurance.
You do not have to consent to a search. But the police may have legal grounds
to search your car anyway. Clearly state that you do not consent. Officers may
separate passengers and drivers from each other to question them, but no one
has to answer any questions.
What
if I am treated badly by the police or the FBI?
Write
down the officer's badge number, name or other identifying information. You
have a right to ask the officer for this information. Try to find witnesses and
their names and phone numbers. If you are injured, seek medical attention and
take pictures of the injuries as soon as you can. Call a lawyer as soon as
possible.
What
if the police or FBI threaten me with a grand jury subpoena if I don't answer
their questions?
A
grand jury subpoena is a written order for you to go to court and testify about
information you may have. It is common for the FBI to threaten you with a
subpoena to get you to talk to them. If they are going to subpoena you, they
will do so anyway. You should not volunteer to speak just because you are
threatened with a subpoena. You should consult a lawyer.
What
if I receive a grand jury subpoena?
Grand
jury proceedings are not the same as testifying at an open court trial. You are
not allowed to have a lawyer present (although one may wait in the hallway and
you may ask to consult with him or her after each question) and you may be asked
to answer questions about your activities and associations. Because of the
witness's limited rights in this situation, the government has frequently used
grand jury subpoenas to gather information about activists and political
organizations. It is common for the FBI to threaten activists with a subpoena
in order to elicit information about their political views and activities and
those of their associates. There are legal grounds for stopping
("quashing") subpoenas, and receiving one does not necessarily mean
that you are suspected of a crime. If you do receive a subpoena, call the NLG
National Hotline at 888-NLG-ECOL (888-654-3265) or call a criminal defense
attorney immediately.
The
government regularly uses grand jury subpoena power to investigate and seek
evidence related to politically-active individuals and social movements. This
practice is aimed at prosecuting activists and, through intimidation and
disruption, discouraging continued activism.
Federal
grand jury subpoenas are served in person. If you receive one, it is critically
important that you retain the services of an attorney, preferably one who
understands your goals and, if applicable, understands the nature of your
political work, and has experience with these issues. Most lawyers are trained
to provide the best legal defense for their client, often at the expense of
others. Beware lawyers who summarily advise you to cooperate with grand juries,
testify against friends, or cut off contact with your friends and political
activists. Cooperation usually leads to others being subpoenaed and
investigated. You also run the risk of being charged with perjury, a felony,
should you omit any pertinent information or should there be inconsistencies in
your testimony.
Frequently
prosecutors will offer "use immunity," meaning that the prosecutor is
prohibited from using your testimony or any leads from it to bring charges
against you. If a subsequent prosecution is brought, the prosecutor bears the
burden of proving that all of its evidence was obtained independent of the
immunized testimony. You should be aware, however, that they will use anything
you say to manipulate associates into sharing more information about you by
suggesting that you have betrayed confidences.
In
front of a grand jury you can "take the Fifth" (exercise your right
to remain silent). However, the prosecutor may impose immunity on you, which
strips you of Fifth Amendment protection and subjects you to the possibility of
being cited for contempt and jailed if you refuse to answer further. In front
of a grand jury you have no Sixth Amendment right to counsel, although you can
consult with a lawyer outside the grand jury room after each question.
What
if I don't cooperate with the grand jury?
If
you receive a grand jury subpoena and elect to not cooperate, you may be held
in civil contempt. There is a chance that you may be jailed or imprisoned for
the length of the grand jury in an effort to coerce you to cooperate. Regular
grand juries sit for a basic term of 18 months, which can be extended up to a
total of 24 months. It is lawful to hold you in order to coerce your
cooperation, but unlawful to hold you as a means of punishment. In rare
instances you may face criminal contempt charges.
What
If I Am Not a Citizen and the DHS Contacts Me?
The
Immigration and Naturalization Service (INS) is now part of the Department of
Homeland Security (DHS) and has been renamed and reorganized into: 1. The
Bureau of Citizenship and Immigration Services (BCIS); 2. The Bureau of Customs
and Border Protection (CBP); and 3. The Bureau of Immigration and Customs
Enforcement (ICE). All three bureaus will be referred to as DHS for the
purposes of this pamphlet.
?
Assert your rights. If you do not demand your rights or if you sign papers
waiving your rights, the Department of Homeland Security (DHS) may deport you
before you see a lawyer or an immigration judge. Never sign anything without
reading, understanding and knowing the consequences of signing it.
?
Talk to a lawyer. If possible, carry with you the name and telephone number of
an immigration lawyer who will take your calls. The immigration laws are hard
to understand and there have been many recent changes. DHS will not explain
your options to you. As soon as you encounter a DHS agent, call your attorney.
If you can't do it right away, keep trying. Always talk to an immigration
lawyer before leaving the U.S. Even some legal permanent residents can be
barred from returning.
Based
on today's laws, regulations and DHS guidelines, non-citizens usually have the
following rights, no matter what their immigration status. This information may
change, so it is important to contact a lawyer. The following rights apply to
non-citizens who are inside the U.S. Non-citizens at the border who are trying
to enter the U.S. do not have all the same rights.
Do
I have the right to talk to a lawyer before answering any DHS questions or
signing any DHS papers?
Yes.
You have the right to call a lawyer or your family if you are detained, and you
have the right to be visited by a lawyer in detention. You have the right to
have your attorney with you at any hearing before an immigration judge. You do
not have the right to a government-appointed attorney for immigration
proceedings, but if you have been arrested, immigration officials must show you
a list of free or low cost legal service providers.
Should
I carry my green card or other immigration papers with me?
If
you have documents authorizing you to stay in the U.S., you must carry them
with you. Presenting false or expired papers to DHS may lead to deportation or
criminal prosecution. An unexpired green card, I-94, Employment Authorization
Card, Border Crossing Card or other papers that prove you are in legal status
will satisfy this requirement. If you do not carry these papers with you, you
could be charged with a crime. Always keep a copy of your immigration papers
with a trusted family member or friend who can fax them to you, if need be.
Check with your immigration lawyer about your specific case.
Am
I required to talk to government officers about my immigration history?
If
you are undocumented, out of status, a legal permanent resident (green card
holder), or a citizen, you do not have to answer any questions about your
immigration history. (You may want to consider giving your name; see above for
more information about this.) If you are not in any of these categories, and
you are being questioned by a DHS or FBI agent, then you may create problems
with your immigration status if you refuse to provide information requested by
the agent. If you have a lawyer, you can tell the agent that your lawyer will
answer questions on your behalf. If answering questions could lead the agent to
information that connects you with criminal activity, you should consider
refusing to talk to the agent at all.
If
I am arrested for immigration violations, do I have the right to a hearing
before an immigration judge to defend myself against deportation charges?
Yes.
In most cases only an immigration judge can order you deported. But if you
waive your rights or take "voluntary departure," agreeing to leave
the country, you could be deported without a hearing. If you have criminal
convictions, were arrested at the border, came to the U.S. through the visa
waiver program or have been ordered deported in the past, you could be deported
without a hearing. Contact a lawyer immediately to see if there is any relief
for you.
Can
I call my consulate if I am arrested?
Yes.
Non-citizens arrested in the U.S. have the right to call their consulate or to
have the police tell the consulate of your arrest. The police must let your
consulate visit or speak with you if consular officials decide to do so. Your
consulate might help you find a lawyer or offer other help. You also have the
right to refuse help from your consulate.
What
happens if I give up my right to a hearing or leave the U.S. before the hearing
is over?
You
could lose your eligibility for certain immigration benefits, and you could be
barred from returning to the U.S. for a number of years. You should always talk
to an immigration lawyer before you decide to give up your right to a hearing.
What
should I do if I want to contact DHS?
Always
talk to a lawyer before contacting DHS, even on the phone. Many DHS officers
view "enforcement" as their primary job and will not explain all of
your options to you.
What
Are My Rights at Airports?
IMPORTANT
NOTE: It is illegal for law enforcement to perform any stops, searches,
detentions or removals based solely on your race, national origin, religion,
sex or ethnicity.
If
I am entering the U.S. with valid travel papers can a U.S. customs agent stop
and search me?
Yes.
Customs agents have the right to stop, detain and search every person and item.
Can
my bags or I be searched after going through metal detectors with no problem or
after security sees that my bags do not contain a weapon?
Yes.
Even if the initial screen of your bags reveals nothing suspicious, the
screeners have the authority to conduct a further search of you or your bags.
If
I am on an airplane, can an airline employee interrogate me or ask me to get
off the plane?
The
pilot of an airplane has the right to refuse to fly a passenger if he or she
believes the passenger is a threat to the safety of the flight. The pilot's decision
must be reasonable and based on observations of you, not stereotypes.
What
If I Am Under 18?
Do
I have to answer questions?
No.
Minors too have the right to remain silent. You cannot be arrested for refusing
to talk to the police, probation officers, or school officials, except in some
states you may have to give your name if you have been detained.
What
if I am detained?
If
you are detained at a community detention facility or Juvenile Hall, you
normally must be released to a parent or guardian. If charges are filed against
you, in most states you are entitled to counsel (just like an adult) at no
cost.
Do
I have the right to express political views at school?
Public
school students generally have a First Amendment right to politically organize
at school by passing out leaflets, holding meetings, etc., as long as those
activities are not disruptive and do not violate legitimate school rules. You
may not be singled out based on your politics, ethnicity or religion.
Can
my backpack or locker be searched?
School
officials can search students' backpacks and lockers without a warrant if they
reasonably suspect that you are involved in criminal activity or carrying drugs
or weapons. Do not consent to the police or school officials searching your property,
but do not physically resist or you may face criminal charges.
Disclaimer
This
booklet is not a substitute for legal advice. You should contact an attorney if
you have been visited by the FBI or other law enforcement officials. You should
also alert your relatives, friends, co-workers and others so that they will be
prepared if they are contacted as well.
NLG
National Hotline for Activists Contacted by the FBI
888-NLG-ECOL
(888-654-3265)
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Free
Mumia NOW!
Prisonradio.org
Write
to Mumia:
Mumia
Abu-Jamal AM 8335
SCI
Mahanoy
301
Morea Road
Frackville,
PA 17932
FOR
IMMEDIATE RELEASE Contact: Rachel Wolkenstein
August
21, 2011 (917) 689-4009
MUMIA
ABU-JAMAL ILLEGALLY SENTENCED TO
LIFE
IMPRISONMENT WITHOUT PAROLE!
FREE
MUMIA NOW!
www.FreeMumia.com
http://blacktalkradionetwork.com/profiles/blogs/mumia-is-formally-sentenced-to-life-in-prison-w-out-hearing-he-s
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"A
Child's View from Gaza: Palestinian Children's Art and the Fight Against
Censorship"
book
https://www.mecaforpeace.org/civicrm/contribute/transact?reset=1&id=25
*---------*---------*---------*---------*---------*---------*
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WITNESS
GAZA
http://www.witnessgaza.com/
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The
Battle Is Still On To
FREE
MUMIA ABU-JAMAL!
The
Labor Action Committee To Free Mumia Abu-Jamal
PO
Box 16222 • Oakland CA 94610
www.laboractionmumia.org
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KEVIN
COOPER IS INNOCENT! FREE KEVIN COOPER!
Reasonable
doubts about executing Kevin Cooper
Chronicle
Editorial
Monday,
December 13, 2010
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/13/EDG81GP0I7.DTL
Death
penalty -- Kevin Cooper is Innocent! Help save his life from San Quentin's
death
row!
http://www.savekevincooper.org/
http://www.savekevincooper.org/pages/essays_content.html?ID=255
URGENT
ACTION APPEAL
-
From Amnesty International USA
17
December 2010
Click
here to take action online:
http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&\
b=2590179&template=x.ascx&action=15084
To
learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
For
a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa25910.pdf
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Short
Video About Al-Awda's Work
The
following link is to a short video which provides an overview of Al-Awda's
work
since the founding of our organization in 2000. This video was first shown
on
Saturday May 23, 2009 at the fundraising banquet of the 7th Annual Int'l
Al-Awda
Convention in Anaheim California. It was produced from footage collected
over
the past nine years.
Video:
http://www.youtube.com/watch?v=kTiAkbB5uC0&eurl
Support
Al-Awda, a Great Organization and Cause!
Al-Awda,
The Palestine Right to Return Coalition, depends on your financial
support
to carry out its work.
To
submit your tax-deductible donation to support our work, go to
http://www.al-awda.org/donate.html
and
follow the simple instructions.
Thank
you for your generosity!
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D.
VIDEO, FILM, AUDIO. ART, POETRY, ETC.:
[Some
of these videos are embeded on the BAUAW website:
http://bauaw.blogspot.com/
or bauaw.org ...bw]
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Prison vs School: The Tour
https://www.youtube.com/watch?v=ogmtAQlp9HI
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Checkpoint - Jasiri X
http://www.youtube.com/watch?v=Dq6Y6LSjulU
Published on Jan 28, 2014
"Checkpoint" is based on the
oppression and discrimination Jasiri X witnessed firsthand during his
recent trip to Palestine and Israel "Checkpoint" is produced by Agent of
Change, and directed by Haute Muslim. Download "Checkpoint" at https://jasirix.bandcamp.com/track/ch....
Follow Jasiri X at https://twitter.com/jasiri_x
LYRICS
Journal of the hard times tales from the dark side
Evidence of the settlements on my hard drive
Man I swear my heart died at the end of that car ride
When I saw that checkpoint welcome to apartheid
Soldiers wear military green at the checkpoint
Automatic guns that's machine at the checkpoint
Tavors not m16s at the checkpoint
Fingers on the trigger you'll get leaned at the checkpoint
Little children grown adults or teens at the checkpoint
All ya papers better be clean at the checkpoint
You gotta but your finger on the screen at the checkpoint
And pray that red light turns green at the check point
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
Separation walls that's surrounding the checkpoint
On top is barbwire like a crown on the checkpoint
Better have ya permits if your found at the checkpoint
Gunmen on the tower aiming down at the checkpoint
The idea is to keep you in fear of the checkpoint
You enter through the cage in the rear of the checkpoint
It feels like prison on a tier at the check point
I'd rather be anywhere but here at this checkpoint
Nelson Mandela wasn't blind to the check point
He stood for free Palestine not a check point
Support BDS don't give a dime to the checkpoint
This is international crime at the checkpoint
Arabs get treated like dogs at the checkpoint
Cause discrimination is the law at the checkpoint
Criminalized without a cause at the checkpoint
I'm just telling you what I saw at the checkpoint
Soldiers got bad attitudes at the checkpoint
Condescending and real rude at the checkpoint
Don't look em in they eyes when they move at the checkpoint
They might strip a man or woman nude at the checkpoint
Soldiers might blow you out of ya shoes at the checkpoint
Gas you up and then light the fuse at the checkpoint
Everyday you stand to be accused at the checkpoint
Each time your life you could lose at the checkpoint
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
At the airport in Tel Aviv is a checkpoint
They pulled over our taxi at the checkpoint
Passport visa ID at the checkpoint
Soldiers going all through my things at the checkpoint
Said I was high risk security at the checkpoint
Because of the oppression I see at the checkpoint
Occupation in the 3rd degree at the checkpoint
All a nigga wanna do is leave fuck a checkpoint
Follow Jasiri X at https://twitter.com/jasiri_x
LYRICS
Journal of the hard times tales from the dark side
Evidence of the settlements on my hard drive
Man I swear my heart died at the end of that car ride
When I saw that checkpoint welcome to apartheid
Soldiers wear military green at the checkpoint
Automatic guns that's machine at the checkpoint
Tavors not m16s at the checkpoint
Fingers on the trigger you'll get leaned at the checkpoint
Little children grown adults or teens at the checkpoint
All ya papers better be clean at the checkpoint
You gotta but your finger on the screen at the checkpoint
And pray that red light turns green at the check point
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
Separation walls that's surrounding the checkpoint
On top is barbwire like a crown on the checkpoint
Better have ya permits if your found at the checkpoint
Gunmen on the tower aiming down at the checkpoint
The idea is to keep you in fear of the checkpoint
You enter through the cage in the rear of the checkpoint
It feels like prison on a tier at the check point
I'd rather be anywhere but here at this checkpoint
Nelson Mandela wasn't blind to the check point
He stood for free Palestine not a check point
Support BDS don't give a dime to the checkpoint
This is international crime at the checkpoint
Arabs get treated like dogs at the checkpoint
Cause discrimination is the law at the checkpoint
Criminalized without a cause at the checkpoint
I'm just telling you what I saw at the checkpoint
Soldiers got bad attitudes at the checkpoint
Condescending and real rude at the checkpoint
Don't look em in they eyes when they move at the checkpoint
They might strip a man or woman nude at the checkpoint
Soldiers might blow you out of ya shoes at the checkpoint
Gas you up and then light the fuse at the checkpoint
Everyday you stand to be accused at the checkpoint
Each time your life you could lose at the checkpoint
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
At the airport in Tel Aviv is a checkpoint
They pulled over our taxi at the checkpoint
Passport visa ID at the checkpoint
Soldiers going all through my things at the checkpoint
Said I was high risk security at the checkpoint
Because of the oppression I see at the checkpoint
Occupation in the 3rd degree at the checkpoint
All a nigga wanna do is leave fuck a checkpoint
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Exceptional
art from the streets of Oakland:
Oakland
Street Dancing
*---------*---------*---------*---------*---------*---------*
NYC
RESTAURANT WORKERS DANCE & SING FOR A WAGE HIKE
http://www.youtube.com/watch?v=L_s8e1R6rG8&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
On
Gun Control, Martin Luther King, the Deacons of Defense and the history of
Black Liberation
http://www.youtube.com/watch?v=qzYKisvBN1o&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
Fukushima
Never Again
http://www.youtube.com/watch?v=LU-Z4VLDGxU
"Fukushima,
Never Again" tells the story of the Fukushima nuclear plant meltdowns in
north east Japan in March of 2011 and exposes the cover-up by Tepco and the
Japanese government.
This
is the first film that interviews the Mothers Of Fukushima, nuclear power
experts and trade unionists who are fighting for justice and the protection of
the children and the people of Japan and the world. The residents and citizens
were forced to buy their own geiger counters and radiation dosimeters in order
to test their communities to find out if they were in danger.
The
government said contaminated soil in children's school grounds was safe and
then
when
the people found out it was contaminated and removed the top soil, the
government and TEPCO refused to remove it from the school grounds.
It
also relays how the nuclear energy program for "peaceful atoms" was brought
to Japan under the auspices of the US military occupation and also the criminal
cover-up of the safety dangers of the plant by TEPCO and GE management which
built the plant in Fukushima. It also interviews Kei Sugaoka, the GE nulcear
plant inspector from the bay area who exposed cover-ups in the safety at the
Fukushima plant and was retaliated against by GE. This documentary allows the
voices of the people and workers to speak out about the reality of the disaster
and what this means not only for the people of Japan but the people of the
world as the US government and nuclear industry continue to push for more new
plants and government subsidies. This film breaks
the
information blockade story line of the corporate media in Japan, the US and
around the world that Fukushima is over.
Production
Of Labor Video Project
P.O.
Box 720027
San
Francisco, CA 94172
www.laborvideo.org
lvpsf@laborvideo.org
For
information on obtaining the video go to:
www.fukushimaneveragain.com
(415)282-1908
*---------*---------*---------*---------*---------*---------*
1000
year of war through the world
http://www.youtube.com/watch?v=NiG8neU4_bs&feature=share
*---------*---------*---------*---------*---------*---------*
Anatomy
of a Massacre - Afganistan
http://www.youtube.com/watch?v=v6BnRc11aug&feature=player_embedded
Afghans
accuse multiple soldiers of pre-meditated murder
To
see more go to http://www.youtube.com/user/journeymanpictures
Follow
us on Facebook (http://goo.gl/YRw42) or Twitter
(http://www.twitter.com/journeymanvod)
The
recent massacre of 17 civilians by a rogue US soldier has been shrouded in
mystery.
But through unprecedented access to those involved, this report
confronts
the accusations that Bales didn't act alone.
"They
came into my room and they killed my family". Stories like this are common
amongst
the survivors in Aklozai and Najiban. As are the shocking accusations
that
Sergeant Bales was not acting alone. Even President Karzai has announced
"one
man can not do that". Chief investigator, General Karimi, is suspicious
that
despite being fully armed, Bales freely left his base without raising
alarm.
"How come he leaves at night and nobody is aware? Every time we have
weapon
accountability and personal accountability." These are just a few of the
questions
the American army and government are yet to answer. One thing however
is
very clear, the massacre has unleashed a wave of grief and outrage which
means
relations in Kandahar will be tense for years to come: "If I could lay my
hands
on those infidels, I would rip them apart with my bare hands."
A
Film By SBS
Distributed
By Journeyman Pictures
April
2012
*---------*---------*---------*---------*---------*---------*
Photo
of George Zimmerman, in 2005 photo, left, and in a more recent photo.
http://www.nytimes.com/interactive/2012/04/02/us/the-events-leading-to-the-sooti\
ng-of-trayvon-martin.html?hp
SPD
Security Cams.wmv
http://www.youtube.com/watch?v=9WWDNbQUgm4&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
Kids
being put on buses and transported from school to "alternate
locations" in
Terror
Drills
http://www.youtube.com/watch?v=qFia_w8adWQ
*---------*---------*---------*---------*---------*---------*
Private
prisons,
a
recession resistant investment opportunity
http://www.youtube.com/watch?v=DIGLDOxx9Vg
*---------*---------*---------*---------*---------*---------*
Attack
Dogs used on a High School Walkout in MD, Four Students Charged With
"Thought
Crimes"
http://www.youtube.com/watch?v=_wafMaML17w
*---------*---------*---------*---------*---------*---------*
Common
forms of misconduct by Law Enforcement Officials and Prosecutors
http://www.youtube.com/watch?v=ViSpM4K276w&feature=related
*---------*---------*---------*---------*---------*---------*
Organizing
and Instigating: OCCUPY - Ronnie Goodman
http://arthazelwood.com/instigator/occupy/occupy-birth-video.html
*---------*---------*---------*---------*---------*---------*
Rep
News 12: Yes We Kony
http://www.youtube.com/watch?v=68GbzIkYdc8
*---------*---------*---------*---------*---------*---------*
The
New Black by The Mavrix - Official Music Video
https://www.youtube.com/watch?v=Y4rLfja8488
*---------*---------*---------*---------*---------*---------*
Japan
One Year Later
http://www.onlineschools.org/japan-one-year-later/
*---------*---------*---------*---------*---------*---------*
The
CIA's Heart Attack Gun
http://www.brasschecktv.com/videos/assassination-studies/the-cias-heart-attack-g\
un-.html
*---------*---------*---------*---------*---------*---------*
The
Invisible American Workforce
http://www.democracynow.org/2011/8/5/new_expos_tracks_alec_private_prison
*---------*---------*---------*---------*---------*---------*
Labor
Beat: NATO vs The 1st Amendment
http://www.youtube.com/watch?v=HbQxnb4so3U
For
more detailed information, send us a request at mail@laborbeat.org.
*---------*---------*---------*---------*---------*---------*
The
Battle of Oakland
by
brandon jourdan plus
http://vimeo.com/36256273
*---------*---------*---------*---------*---------*---------*
Officers
Pulled Off Street After Tape of Beating Surfaces
By
ANDY NEWMAN
February
1, 2012, 10:56 am
http://cityroom.blogs.nytimes.com/2012/02/01/officers-pulled-off-street-after-ta\
pe-of-beating-surfaces/?ref=nyregion
*---------*---------*---------*---------*---------*---------*
This
is excellent! Michelle Alexander pulls no punches!
Michelle
Alexander, Author of The New Jim Crow, speaks about the political
strategy
behind
the War on Drugs and its connection to the mass incarceration of Black
and
Brown people in the United States.
http://www.youtube.com/watch?v=P75cbEdNo2U&feature=player_embedded
If
you think Bill Clinton was "the first black President" you need to
watch this
video
and see how much damage his administration caused for the black community
as
a result of his get tough attitude on crime that appealed to white swing
voters.
This
speech took place at Abyssinian Baptist Church in Harlem on January 12,
2012.
*---------*---------*---------*---------*---------*---------*
FREE
BRADLEY MANNING
http://www.bradleymanning.org/news/national-call-in-for-bradley
I
received the following reply from the White House November 18, 2011 regarding
the
Bradley Manning petition I signed:
"Why
We Can't Comment on Bradley Manning
"Thank
you for signing the petition 'Free PFC Bradley Manning, the accused
WikiLeaks
whistleblower.' We appreciate your participation in the We the People
platform
on WhiteHouse.gov.
The
We the People Terms of Participation explain that 'the White House may
decline
to address certain procurement, law enforcement, adjudicatory, or
similar
matters properly within the jurisdiction of federal departments or
agencies,
federal courts, or state and local government.' The military justice
system
is charged with enforcing the Uniform Code of
Military
Justice. Accordingly, the White House declines to comment on the
specific
case raised in this petition...
That's
funny! I guess Obama didn't get this memo. Here's what Obama said about
Bradley:
BRADLEY
MANNING "BROKE THE LAW" SAYS OBAMA!
"He
broke the law!" says Obama about Bradley Manning who has yet to even be
charged,
let alone, gone to trial and found guilty. How horrendous is it for the
President
to declare someone guilty before going to trial or being charged with
a
crime! Justice in the U.S.A.!
Obama
on FREE BRADLEY MANNING protest... San Francisco, CA. April 21, 2011-
Presidential
remarks on interrupt/interaction/performance art happening at
fundraiser.
Logan Price queries Barack after org. FRESH JUICE PARTY political
action:
http://www.youtube.com/watch?v=IfmtUpd4id0&feature=youtu.be
Release
Bradley Manning
Almost
Gone (The Ballad Of Bradley Manning)
Written
by Graham Nash and James Raymond (son of David Crosby)
http://www.youtube.com/watch?v=dAYG7yJpBbQ&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
Julian
Assange: Why the world needs WikiLeaks
http://www.youtube.com/watch?v=bVGqE726OAo&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
School
police increasingly arresting American students?
http://www.youtube.com/watch?v=Zl-efNBvjUU&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
FYI:
Nuclear
Detonation Timeline "1945-1998"
The
2053 nuclear tests and explosions that took place between 1945 and 1998 are
plotted
visually and audibly on a world map.
http://www.youtube.com/watch?v=I9lquok4Pdk&feature=share&mid=5408
*---------*---------*---------*---------*---------*---------*
We
Are the 99 Percent
We
are the 99 percent. We are getting kicked out of our homes. We are forced to
choose
between groceries and rent. We are denied quality medical care. We are
suffering
from environmental pollution. We are working long hours for little pay
and
no rights, if we're working at all. We are getting nothing while the other 1
percent
is getting everything. We are the 99 percent.
Brought
to you by the people who occupy wall street. Why will YOU occupy?
OccupyWallSt.org
Occupytogether.org
wearethe99percentuk.tumblr.com
http://wearethe99percent.tumblr.com/
*---------*---------*---------*---------*---------*---------*
We
Are The People Who Will Save Our Schools
YouTube:
http://www.youtube.com/watch?v=lFAOJsBxAxY
*---------*---------*---------*---------*---------*---------*
In
honor of the 75th Anniversary of the 44-Day Flint Michigan sit-down strike at
GM
that began December 30, 1936:
According
to Michael Moore, (Although he has done some good things, this clip
isn't
one of them) in this clip from his film, "Capitalism a Love Story,"
it was
Roosevelt
who saved the day!):
"After
a bloody battle one evening, the Governor of Michigan, with the support
of
the President of the United States, Franklin Roosevelt, sent in the National
Guard.
But the guns and the soldiers weren't used on the workers; they were
pointed
at the police and the hired goons warning them to leave these workers
alone.
For Mr. Roosevelt believed that the men inside had a right to a redress
of
their grievances." -Michael Moore's 'Capitalism: A Love Story'
-
Flint Sit-Down Strike http://www.youtube.com/watch?v=h8x1_q9wg58
But
those cannons were not aimed at the goons and cops! They were aimed straight
at
the factory filled with strikers! Watch what REALLY happened and how the
strike
was really won!
'With
babies & banners' -- 75 years since the 44-day Flint sit-down strike
http://links.org.au/node/2681
--Inspiring
*---------*---------*---------*---------*---------*---------*
HALLELUJAH
CORPORATIONS (revised edition).mov
http://www.youtube.com/watch?v=ws0WSNRpy3g
*---------*---------*---------*---------*---------*---------*
ONE
OF THE GREATEST POSTS ON YOUTUBE SO FAR!
http://www.youtube.com/watch?v=M8C-qIgbP9o&feature=share&mid=552
*---------*---------*---------*---------*---------*---------*
ILWU
Local 10 Longshore Workers Speak-Out At Oakland Port Shutdown
http://www.youtube.com/watch?v=3JUpBpZYwms
Uploaded
by laborvideo on Dec 13, 2011
ILWU
Local 10 longshore workers speak out during a blockade of the Port of
Oakland
called for by Occupy Oakland. Anthony Levieges and Clarence Thomas rank
and
file members of the union. The action took place on December 12, 2011 and
the
interview took place at Pier 30 on the Oakland docks.
For
more information on the ILWU Local 21 Longview EGT struggle go to
http://www.facebook.com/groups/256313837734192/
For
further info on the action and the press conferernce go to:
http://www.youtube.com/watch?v=Jz3fE-Vhrw8&feature=youtu.be
Production
of Labor Video Project www.laborvideo.org
*---------*---------*---------*---------*---------*---------*
UC
Davis Police Violence Adds Fuel to Fire
By
Scott Galindez, Reader Supported News
19
November 11
http://readersupportednews.org/opinion2/275-42/8485-uc-davis-police-violence-add\
s-fuel-to-fire
UC
Davis Protestors Pepper Sprayed
http://www.youtube.com/watch?v=6AdDLhPwpp4&feature=player_embedded
Police
PEPPER SPRAY UC Davis STUDENT PROTESTERS!
http://www.youtube.com/watch?v=wuWEx6Cfn-I&feature=player_embedded
Police
pepper spraying and arresting students at UC Davis
http://www.youtube.com/watch?v=WmJmmnMkuEM&feature=player_embedded
*---------*
UC
Davis Chancellor Katehi walks to her car
http://www.youtube.com/watch?feature=player_embedded&v=CZ0t9ez_EGI#!
Occupy
Seattle - 84 Year Old Woman Dorli Rainey Pepper Sprayed
http://www.youtube.com/watch?v=TTIyE_JlJzw&feature=related
*---------*
THE
BEST VIDEO ON "OCCUPY THE WORLD"
http://www.youtube.com/watch?v=S880UldxB1o
*---------*---------*---------*---------*---------*---------*
Shot
by police with rubber bullet at Occupy Oakland
http://www.youtube.com/watch?v=I0pX9LeE-g8&feature=player_embedded
*---------*
Copwatch@Occupy
Oakland: Beware of Police Infiltrators and Provocateurs
http://www.youtube.com/watch?v=VrvMzqopHH0
*---------*
Occupy
Oakland 11-2 Strike: Police Tear Gas, Black Bloc, War in the Streets
http://www.youtube.com/watch?v=0Tu_D8SFYck&feature=player_embedded
*----*
Quebec
police admitted that, in 2007, thugs carrying rocks to a peaceful protest
were
actually undercover Quebec police officers:
POLICE
STATE Criminal Cops EXPOSED As Agent Provocateurs @ SPP Protest
http://www.youtube.com/watch?v=KoiisMMCFT0&feature=player_embedded
*----*
Quebec
police admit going undercover at montebello protests
http://www.youtube.com/watch?v=gAfzUOx53Rg&feature=player_embedded
G20:
Epic Undercover Police Fail
http://www.youtube.com/watch?v=jrJ7aU-n1L8&feature=player_embedded
*----*
WHAT
HAPPENED IN OAKLAND TUESDAY NIGHT, OCTOBER 25:
Occupy
Oakland Protest
http://www.youtube.com/watch?v=wlPs-REyl-0&feature=player_embedded
Cops
make mass arrests at occupy Oakland
http://www.youtube.com/watch?v=R27kD2_7PwU&feature=player_embedded
Raw
Video: Protesters Clash With Oakland Police
http://www.youtube.com/watch?v=CpO-lJr2BQY&feature=player_embedded
Occupy
Oakland - Flashbangs USED on protesters OPD LIES
http://www.youtube.com/watch?v=QqNOPZLw03Q&feature=player_embedded
KTVU
TV Video of Police violence
http://www.ktvu.com/video/29587714/index.html
Marine
Vet wounded, tear gas & flash-bang grenades thrown in downtown
Oakland
http://www.youtube.com/watch?v=cMUgPTCgwcQ&feature=player_embedded
Tear
Gas billowing through 14th & Broadway in Downtown Oakland
http://www.youtube.com/watch?v=OU4Y0pwJtWE&feature=player_embedded
Arrests
at Occupy Atlanta -- This is what a police state looks like
http://www.youtube.com/watch?v=YStWz6jbeZA&feature=player_embedded
*---------*
Labor
Beat: Hey You Billionaire, Pay Your Fair Share
http://www.youtube.com/watch?v=PY8isD33f-I
*---------*
Voices
of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part I
http://www.youtube.com/watch?v=DA48gmfGB6U&feature=youtu.be
Voices
of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part II
http://www.youtube.com/watch?v=cjKZpOk7TyM&feature=related
*---------*
#Occupy
Wall Street In Washington Square: Mohammed Ezzeldin, former occupier of
Egypt's
Tahrir Square Speaks at Washington Square!
http://www.youtube.com/watch?v=ziodsFWEb5Y&feature=player_embedded
*---------*
#OccupyTheHood,
Occupy Wall Street
By
adele pham
http://vimeo.com/30146870
*---------*
Live
arrest at brooklyn bridge #occupywallstreet by We are Change
http://www.youtube.com/watch?v=yULSI-31Pto&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
FREE
THE CUBAN FIVE!
http://www.thecuban5.org/wordpress/index.php
http://www.youtube.com/watch?v=JmS4kHC_OlY&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
One
World One Revolution -- MUST SEE VIDEO -- Powerful and beautiful...bw
http://www.youtube.com/watch?v=aE3R1BQrYCw&feature=player_embedded
"When
injustice becomes law, resistance becomes duty." Thomas Jefferson
*---------*---------*---------*---------*---------*---------*
Japan:
angry Fukushima citizens confront government (video)
Posted
by Xeni Jardin on Monday, Jul 25th at 11:36am
http://www.youtube.com/watch?v=rVuGwc9dlhQ&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
Labor
Beat: Labor Stands with Subpoenaed Activists Against FBI Raids and Grand
Jury
Investigation of antiwar and social justice activists.
"If
trouble is not at your door. It's on it's way, or it just left."
"Investigate
the Billionaires...Full investigation into Wall Street..." Jesse
Sharkey,
Vice
President,
Chicago Teachers Union
http://www.youtube.com/watch?v=BSNUSIGZCMQ
*---------*---------*---------*---------*---------*---------*
Coal
Ash: One Valley's Tale
http://www.youtube.com/watch?v=6E7h-DNvwx4&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
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unsubscribe go to: bauaw2003-unsubscribe@yahoogroups.com
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