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Berkeley Council Hears Police Abuse Claims, Fails to Act

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By Judith Scherr

More than 100 people came to a raucous Berkeley City Council meeting Tuesday to vent their anger at what they said was police use of excessive force at Dec. 6 protests against the grand jury decisions not to indict white police officers in the deaths of Michael Brown in Ferguson, Mo,and Eric Garner in Staten Island.

But many of those lining up to speak had hoped for more than an opportunity to vent. They wanted city council action.

Council action on urgency issues not on the agenda requires a two-thirds vote. The three progressives, Councilmembers Kriss Worthington, Jesse Arreguin and Max Anderson, urged the council to do so in order to discuss a Police Review Commission recommendation to temporarily ban police use of tear gas, over the shoulder baton strikes and firing projectiles.

Police used all three against protesters Dec. 6, contending that they were the object of bricks and bottles thrown by protesters.

The council refused to address the recommendation and also turned down a separate motion calling for a council meeting within a week on the issue.

Mayor Tom Bates, loudly heckled by the crowd, instead called a meeting for Jan. 17, where he said “experts” would discuss relevant issues.

But Anderson argued, “These are urgent matters. If someone on this dais is hoping that passions will cool (by Jan. 17) and things will go away, you’ve got another thing coming. If we don’t act with expeditious intent then people will be justified in making the judgment that we’re shirking our responsibilities.”

Speakers addressed what they said was excessive force.

Moni Law

Moni Law

African American activist Moni Law said she was protesting peacefully on Dec. 6. when she was “punched in the back with a Billy club.”

“I’m not against police,” Law said. “I’m against brutality.”

Another speaker was Maria Moore, sister of Kayla Moore, the African American transgender schizophrenic woman who died in police custody in 2013 after friends had called for help due to Moore’s bizarre, but not threatening, behavior.

“We live in a culture where individuals of color suspected of minor crimes are met with a police presence that leads to lethal force,” Moore said. “Police blame the victims. Eric Garner choked to death – that was his fault – he resisted; Michael Brown was a thug, he had it coming; Kayla Moore was mentally ill.”

Barbara White, vice president of the Berkeley NAACP, also linked Ferguson and Berkeley. Berkeley has failed to implement a program to collect data on the race of people stopped by police. She said the issue is bigger than the “appalling” deaths of Brown and Garner.

“It’s structural racism in America that’s not being addressed,” White said. “Black lives matter. They matter all the time in every area of life. We want to eat. We want a job. We want housing. We want our kids to be educated. And certainly, we want to go out in the street and not be killed.”

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Activism

The Case Against Probate: False Ruling Invalidates Black Professor’s Estate Plan, Ignoring 28-Year Relationship

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.” 

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Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.
Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.

By Tanya Dennis

Part 5                         

In a shocking miscarriage of justice, a California probate judge issued a Statement of Decision on March 28 riddled with numerous documented errors that invalidated the estate plan of esteemed Black Studies professor Dr. Laura Dean Head.

The ruling from the Alameda County Superior Court’s probate division in Berkeley has sparked outrage from advocates for probate reform, community members and civil rights activists, who say the decision reflects deep flaws in the probate system, blatant disregard for due process, and the wishes of the ancestors. Judge Sandra Bean’s ruling reflects a repeated outcome seen in Black and Brown communities.

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.”

Reading court transcripts, the most egregious violations according to Jendayi reveal a pivotal point in the ruling that rested on a letter from Dr. Stephan Sarafian of Kaiser Permanente, who misidentified Dr. Head as male, misstated the day, month, and year, and asserted Head lacked capacity.

Under cross-examination, he reversed his opinion and admitted under oath that he never conducted a mental evaluation, did not diagnose Dr. Head with incapacity, did not write the letter, and stated he merely signed it “in case it was needed in the future.”

Despite Sarafian’s perjury, on Oct. 17, 2024, the California Court of Appeal upheld the lower court decision that relied on Sarafian’s discredited letter to invalidate Dr. Head’s estate plan, ignored Jendayi’s requests to impeach his testimony and dismiss Sarafian’s testimony and letter that both the Kaiser Grievance Department and the Medical Board of California denounced.

In her ruling, Judge Bean agreed with the false argument by attorney Leahy, which alleged that Jendayi provided the names of the beneficiaries to Head’s estate attorney, Elaine Lee. Bean made this decision despite Lee’s sworn testimony that Dr. Head had met with her alone, behind closed doors, and made the independent decision to leave her estate to Jendayi.

According to court records, Judge Bean reversed the burden of proof in the undue influence claim before any of Jendayi’s witnesses testified, forcing Jendayi to disprove allegations that were never substantiated by witnesses or records.

Bean ruled: “Respondent took Dr. Head to her apartment where she assumed complete control of Dr. Head’s day-to-day care, medical care, and all aspects of her life.” Jendayi proved that statement was false.

Bean also ruled that Respondent controlled Dr. Head’s necessities of life, food, and hospice care, despite zero testimony or documentation supporting any of those claims.

The court reduced Jendayi’s role to “a friend who, at best, cared for Dr. Head during the final two months,” totally ignoring 28 years of friendship, testimony, evidence, letters of recommendation, emails, and medical records.

Exhibits confirming Dr. Head’s intent and capacity, including the discredited medical letter, Exhibit 90, were omitted or misrepresented in the judge’s final decision.

Jendayi says, “The injustice within the probate justice system is devastating, traumatizing and financially depleting. It’s nothing short of legalized crime!”

Jendayi is now appealing to the Supreme Court of the U.S. with a petition citing denial of due process, judicial misconduct, and systemic bias in probate courts.

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Bay Area

Progressive Missionary Baptist Church of Berkeley Celebrates 90th Anniversary

Dr. Earl C. Stuckey, Sr., who has served as Progressive Missionary’s pastor since September 1977, said the church also delights in the fact that it has hosted only five pastors in its 90-year history, including Pastors James E. Moore, H. A. Green, F. Douglas Farrell, and Edward Stovall, who served for 37 years.

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Progressive Missionary Baptist Poster. Dr. Earl C. Stuckey, Sr., Pastor of Progressive Missionary Baptist Church in Berkeley with his wife, Kay Frances Stuckey.
Progressive Missionary Baptist Poster. Dr. Earl C. Stuckey, Sr., Pastor of Progressive Missionary Baptist Church in Berkeley with his wife, Kay Frances Stuckey.

By Oakland Post Staff

The Progressive Missionary Baptist Church of Berkeley is celebrating its 90th church anniversary on Sunday, May 18 at 10 a.m. at 3301 King Street in Berkeley.

Dr. Earl C. Stuckey, Sr., who has served as Progressive Missionary’s pastor since September 1977, said the church also delights in the fact that it has hosted only five pastors in its 90-year history, including Pastors James E. Moore, H. A. Green, F. Douglas Farrell, and Edward Stovall, who served for 37 years.

The celebration will feature Pastor Darnell Manuel of the Union Baptist Church in Vallejo as guest speaker, along with many other special presentations.

Those who wish to share in Progressive’s history can purchase a 100-page full-colored souvenir book for $25.

The church boasts a number of notable people who either regularly attended or became members of the church since its inception, including former Alameda County Supervisor Keith Carson, Oakland mayoral candidate Loren Taylor, and one of the organizers of the Gospel Music Workshop of America, Helen J. H. Stephens.

Pastor Stuckey often remarks how longevity flourishes at the church — it boasts 13 centenarians (people who have reached 100 years or more). Currently, it has one centenarian who is still surviving, Mrs. Dorothy Chambers, and 14 members who have reached 90 years or more.

Recently, on Feb.17, the pastor and his wife Kay Frances, celebrated their 73rd wedding anniversary.

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Activism

Faces Around the Bay: Author Karen Lewis Took the ‘Detour to Straight Street’

“My life has been a roller-coaster with an unlimited ride wristband! I was raised in Berkeley during the time of Ron Dellums, the Black Panthers, and People’s Park. I was a Hippie kid, my Auntie cut off all our hair so we could wear  the natural styles like her and Angela Davis.

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Karen Lewis. Courtesy photo.
Karen Lewis. Courtesy photo.

By Barbara Fluhrer

I met Karen Lewis on a park bench in Berkeley. She wrote her story on the spot.

“My life has been a roller-coaster with an unlimited ride wristband! I was raised in Berkeley during the time of Ron Dellums, the Black Panthers, and People’s Park. I was a Hippie kid, my Auntie cut off all our hair so we could wear  the natural styles like her and Angela Davis.

I got married young, then ended up getting divorced, raising two boys into men. After my divorce, I had a stroke that left me blind and paralyzed. I was homeless, lost in a fog with blurred vision.

Jesus healed me! I now have two beautiful grandkids. At 61, this age and this stage, I am finally free indeed. Our Lord Jesus Christ saved my soul. I now know how to be still. I lay at his feet. I surrender and just rest. My life and every step on my path have already been ordered. So, I have learned in this life…it’s nice to be nice. No stressing,  just blessings. Pray for the best and deal with the rest.

Nobody is perfect, so forgive quickly and love easily!”

Lewis’ book “Detour to Straight Street” is available on Amazon.

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