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Black Friday 14 Supporters Call on District Attorney to Drop Charges

Published

10 years ago

February 6, 2015

Fourteen protesters were in court this week facing a misdemeanor charge and $70,000 in restitution for shutting down BART service on Black Friday, the day after Thanksgiving, as part of the national movement opposing police killings of unarmed African Americans.

As Black Friday 14 activists sat in the courtroom Wednesday morning, several hundred supporters rallied outside the courthouse demanding that District Attorney Nancy O’Malley drop the call for restitution and the trespassing charge.

The activists are challenging the constitutionality of California Penal Code 369i, which prohibits conduct that interferes with transit operations. They and their attorneys are arguing that the law “criminalizes the most innocent behavior” within a BART station and gives police “unfettered discretion to impose charges on disfavored transit users.”

Oakland Civil rights lawyer Walter Riley, who represents the protesters, presented this argument to the judge. If the judge agrees with the motion, the case would be dismissed.

The motion calls for the court “to dismiss this case because the statute itself is being challenged for being unconstitutional,” said Riley outside the Alameda County courthouse on Washington Street in Oakland.

The motion cites the case of Morse v. BART (Feb. 11, 2014) in which a court found: “The lack of a specific intent requirement coupled with [BART] defendants’ interpretation of Section 369i would appear to make much of the innocent conduct one witnesses at a public transit station a crime under the Penal Code.”

Judge Yolanda Northridge is expected to make a written ruling soon. She did not refer to the $70,000 restitution fee.

However, Alameda County Assistant District Attorney Mike Nieto read a statement on Wednesday representing the District Attorney’s position on restitution:

“Any time a crime victim suffers a loss, the offender must be ordered to pay restitution for that loss. A victim’s right to a criminal restitution order stems from Article I, Section 28 B of the California Constitution.

“Restitution orders are to be imposed for the full amount of the victims economic loss. These economic losses must be actual losses and not based upon speculation. We have not received any evidence or other supporting documentation for actual economic losses in these cases.”

If the judge denies their motion, the protesters are scheduled to go back to court on March 18. They are asking for community members to support the demand for the charge and restitution to be dropped.

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Oakland Post: Week of November 20 – 26, 2024

The printed Weekly Edition of the Oakland Post: Week of November 20 – 26, 2024

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2 hours ago

November 22, 2024

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PRESS ROOM: Clyburn, Pressley, Scanlon, Colleagues Urge Biden to Use Clemency Power to Address Mass Incarceration Before Leaving Office

NNPA NEWSWIRE — Mass incarceration remains a persistent, systemic injustice that erodes the soul of America. Our nation has the highest incarceration rate in the world, with nearly two million people locked in jails and prisons throughout the country.

Published

1 day ago

November 21, 2024

Oakland Post

Read the letter here.

Watch the press conference here.

WASHINGTON, DC – Today, Congressman James E. Clyburn (SC-06), Congresswoman Ayanna Pressley (MA-07), and Congresswoman Mary Gay Scanlon (PA-05) led 60 of their colleagues in sending a letter to President Biden urging him to use his executive clemency power in the final months of his presidency to reunite families, address longstanding injustices in our legal system, and set our nation on the path toward ending mass incarceration.

The lawmakers hosted a press conference earlier today to discuss the letter. A full video of their press conference is available here and photos are available here.

“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the lawmakers wrote in their letter. “The grant of pardons and commutations and the restoration of rights will undoubtedly send a powerful message across the country in support of fundamental fairness and furthering meaningful criminal justice reform.”

Mass incarceration remains a persistent, systemic injustice that erodes the soul of America. Our nation has the highest incarceration rate in the world, with nearly two million people locked in jails and prisons throughout the country. The extreme use of incarceration has resulted in one in two adults having had an incarcerated family member. People of color are disproportionately put behind bars, along with individuals from low-income communities, LGBTQIA+ folks, and those with disabilities. The bloated prison system reflects and emboldens biases that undermine the ideals of our nation and diminish trust in the rule of law. Mass incarceration attacks the most vulnerable Americans, thereby destabilizing families and inflicting intergenerational trauma.

In their letter to President Biden, the lawmakers praised the President’s efforts to create a fair and just criminal legal system by pardoning people convicted of simple marijuana possession and LGBTQ+ former servicemembers and urged the President to use his clemency powers to help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers. The lawmakers also outlined the fiscal toll of the growing mass incarceration crisis.

“You have the support of millions of people across the country who have felt the harms of mass incarceration: young children longing to hug their grandparents, people who have taken responsibility for their mistakes, and those who simply were never given a fair chance,” the lawmakers wrote. “These are the people seeking help that only you can provide through the use of your presidential clemency power.”

Joining Representatives Clyburn, Pressley, and Scanlon in sending the letter are Representatives Joyce Beatty, Sanford Bishop, Shontel Brown, Cori Bush, André Carson, Troy Carter, Yvette Clarke, Jasmine Crockett, Valerie Foushee, Al Green, Jahana Hayes, Steven Horsford, Jonathan Jackson, Pramila Jayapal, Henry Johnson, Sydney Kamlager-Dove, Robin Kelly, Summer Lee, Jennifer McClellan, Gregory Meeks, Delia Ramirez, Jan Schakowsky, Robert Scott, Terri Sewell, Marilyn Strickland, Bennie Thompson, Rashida Tlaib, and Bonnie Watson Coleman.

The lawmakers’ letter is supported by the American Civil Liberties Union; Center for Popular Democracy; Last Prisoner Project; Lawyers’ Committee for Civil Rights Under Law; Death Penalty Action; The National Council for Incarcerated and Formerly Incarcerated Women and Girls; The Faith Leaders of Color Coalition; Second Chance Justice of MCAN; JustLeadershipUSA; FAMM; The Episcopal Church; The Bambi Fund; Free Billie Allen Campaign; People’s Coalition for Safety and Freedom; Prophetic Resistance Boston; and Families Against Mandatory Minimums.

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Tennessee State University Set to Debut the First Division I Hockey Team at An HBCU

THE AFRO — “I am incredibly excited to embark on building this program, supported by God, my family, TSU students, alumni, and all those eagerly awaiting this moment,” said Duanté Abercrombie, the head coach of the Tennessee State Tigers ice hockey team, in a press release courtesy of TSU Athletics. “I firmly believe that one day, TSU will be recognized not only as a powerhouse on the ice but also as a program whose student-athletes leave a profound legacy on the world, enriched by the lessons learned at TSU.”

Published

1 day ago

November 21, 2024

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By Mekhi Abbott
Special to the AFRO
mabbott@afro.com

Tennessee State University (TSU) continues to break ground on a historic journey to become the first historically Black college or university (HBCU) to field a National Collegiate Athletic Association Division I ice hockey team. Alongside some assistance from the National Hockey League (NHL), the NHL Players’ Association and the Nashville Predators, the TSU Tigers have already named their official head coach, unveiled their jersey and received their first official commitment from a student-athlete.

TSU held an official press conference to announce the plan in June 2023. Their first official season as a sanctioned Division I program is planned to commence in 2025-26. On April 18, TSU named Duanté Abercrombie as the head coach of the Tennessee State Tigers ice hockey team.

“I am incredibly excited to embark on building this program, supported by God, my family, TSU students, alumni, and all those eagerly awaiting this moment,” said Abercrombie in a press release courtesy of TSU Athletics. “I firmly believe that one day, TSU will be recognized not only as a powerhouse on the ice but also as a program whose student-athletes leave a profound legacy on the world, enriched by the lessons learned at TSU.”

Abercrombie was raised in Washington, D.C., and was mentored by hockey legend Neal Henderson, the first Black man to be inducted into the United States Hockey Hall of Fame. Abercrombie attended Gonzaga College High School and graduated from Hampton University, where he was a track and field athlete prior to retiring due to an injury. After college, Abercrombie briefly played professional hockey in both the New Zealand Ice Hockey League as well as the Federal Hockey League.

After his career as a professional hockey player, Abercrombie moved onto coaching, including stints with his alma mater Gonzaga and Georgetown Preparatory School. In 2022-23, Abercrombie was a member of the coaching staff for NHL’s Toronto Maple Leafs organization.

“We are no longer doing club play in 2024-25. We are going right into D1 play for 2025-26,” Nick Guerriero told the AFRO. Guerriero is the assistant athletic director of communications and creative content at Tennessee State.

On Jan. 19, TSU got their first official commitment from an ice hockey recruit, Xavier Abel. Abel played at Drury University and scored 12 goals in 34 games, including three game-winning goals. Abel was recruited by Guerriero.

In July, the Tigers got their second commitment from forward Trey Fechko. In October, Trey’s brother Marcus Fechko also committed to Tennessee State. Since, the Tigers have also signed forward Greye Rampton, goaltender Johnny Hicks, Grady Hoffman and four-star forward Bowden Singleton. Singleton flipped his commitment from North Dakota to Tennessee State. Guerriero said that TSU has a “few” other recruits that they are waiting to announce during their November signing period.

“I think it’s important to invest in these unorthodox sports for Black athletes because it allows Black children to have more opportunities to play sports in general,” said Zion Williams, a 2024 Gettysburg College graduate and former collegiate athlete. “The more opportunities that children have, the better. They won’t feel like they are boxed into one thing or sport.”