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High Court to Consider Appeal Over Exclusion of Black Jurors

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In this Oct. 3, 2014 file photo, the Supreme Court is seen in Washington. Americans’ confidence in all three branches of government is at or near record lows, according to a long-running and widely respected survey that’s measured Americans’ attitudes on the subject over the last 40 years. The 2014 General Social Survey finds only 23 percent of Americans have a great deal of confidence in the Supreme Court, 11 percent in the executive branch and only 5 percent have a lot of confidence in Congress. By contrast, half have a great deal of confidence in the military. (AP Photo/Susan Walsh, File)

In this Oct. 3, 2014 file photo, the Supreme Court is seen in Washington. (AP Photo/Susan Walsh, File)

SAM HANANEL, Associated Press

WASHINGTON (AP) — The Supreme Court will consider whether prosecutors improperly singled out potential black jurors in notes and then excluded them all from the death penalty trial of a black Georgia man accused of murder.

The justices agreed Tuesday to hear an appeal from Timothy Foster, who was sentenced to death in 1987 after being convicted of murdering a 79-year-old white woman in Rome, Georgia.

Lawyers for Foster are relying on prosecutors’ notes they discovered 19 years after the trial through an open records request.

The notes show that the name of each potential black juror was highlighted on four different copies of the jury list and the word “black” was circled next to the race question on questionnaires for the black prospective jurors. Three of the prospective black jurors were identified in notes as “B#1,” ”B#2,” and “B#3.”

The notes also show that the prosecutors’ investigator ranked the black prospective jurors against each other in case “it comes down to having to pick one of the black jurors.” Prosecutors struck all four black jurors out of the 42 qualified by the trial court to serve on the jury.

A Georgia state court sided with prosecutors who said they challenged each of the possible black jurors for legitimate, race-neutral reasons and did not rely on the highlighted jury lists to make their ultimate decisions. The Georgia Supreme Court affirmed.

Just one year before Foster’s trial, the Supreme Court ruled in a landmark 1986 case that it is unconstitutional to dismiss a potential juror because of race.

Georgia officials argue that highlighting, circling or otherwise noting the race of a juror in notes does not show any intent to discriminate. The two prosecutors submitted an affidavit to the state court saying that neither one of them made the green highlight marks noting prospective black jurors.

The state also says the investigator’s comments were not those of the prosecutors and do not indicate the state’s intent.

Foster is being represented by the Southern Center for Human Rights, which provides free legal help to people facing the death penalty and challenges human rights violations in prisons and jails.

The Supreme Court will hear arguments in Foster v. Humphrey, 14-8349, when the court begins its new term this fall.

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Follow Sam Hananel on Twitter at http://twitter.com/SamHananelAP

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Alameda County

Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

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Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.
Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.

By Magaly Muñoz

In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.

Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.

Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.

Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.

East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.

While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.

Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.

The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.

Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.

The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.

The council will discuss the possible sales tax measure on January 9.

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Activism

Protesters Gather in Oakland, Other City Halls, to Halt Encampment Sweeps

The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.

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The California Poor People’s Campaign’s Victoria King erected encampments for unhoused Oaklanders. Victoria King and her committee erected these emergency tents to symbolize the needs of unhoused Oaklanders. Photos by Post Staff.
The California Poor People’s Campaign’s Victoria King erected encampments for unhoused Oaklanders. Victoria King and her committee erected these emergency tents to symbolize the needs of unhoused Oaklanders. Photos by Post Staff.

By Post Staff

Houseless rights advocates gathered in Oakland, San Francisco, Los Angeles, and other city halls across California and Washington state this week protesting increased sweeps that followed a U.S. Supreme Court decision over the summer.

The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.

“What we’re dealing with right now is a way to criminalize people who are dealing with poverty, who are not able to afford rent,” said rights advocate Junebug Kealoh, outside San Francisco City Hall.

“When someone is constantly swept, they are just shuffled and things get taken — it’s hard to stay on top of anything,” said Kealoh.

Local houseless advocates include Victoria King, who is a member of the coordinating committee of the California Poor People’s Campaign. She and Dr. Monica Cross co-chair the Laney Poor People’s Campaign.

The demonstrations came after a June Supreme Court ruling expanded local governments’ authority to fine and jail people for sleeping outside, even if no shelter is available. Gov. Gavin Newsom in California followed up with an order directing state agencies to crack down on encampments and urging local governments to do the same.

FresnoBerkeley and a host of other cities implemented new rules, making it easier for local governments to clear sidewalk camps. In other cities, such as San Francisco, officials more aggressively enforced anti-camping laws already on the books.

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Activism

Celebrating East Bay Leaders Keith Carson and Federal Glover at Geoffrey’s Inner Circle

Several leaders were in attendance including fellow Alameda Supervisors Elisa Marquez and Lena Tam, Superior Court judge-elect Terry Wiley, and African American Sports and Entertainment Group’s founder Ray Bobbitt, along with many other guests.

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Keith Carson, John Gioia, Federal Glover, Nate Miley Left to Right
Keith Carson, John Gioia, Federal Glover, Nate Miley Left to Right.

By Magaly Muñoz

After decades of public service in the East Bay, community members and leaders came together to celebrate Alameda County Supervisor Keith Carson and Contra Costa Supervisor Federal Glover at Geoffrey’s Inner Circle Thursday afternoon.

Several leaders were in attendance including fellow Alameda Supervisors Elisa Marquez and Lena Tam, Superior Court judge-elect Terry Wiley, and African American Sports and Entertainment Group’s founder Ray Bobbitt, along with many other guests.

First elected in 1992, Carson has served District 5 for 24 years and announced his decision to step away from his seat earlier this year, just before the deadline to submit new candidate applications.

He dedicated his long career to bringing access to health care, addressing homelessness, lowering crime, improving business retention, and growing job opportunities in Alameda County.

Glover began his tenure as Contra Costa Supervisor in 2000 and previously served as mayor of Pittsburg in 1998. During his time as Supervisor, he supported initiatives on public transportation, created committees for public safety, and supported task forces on health.

“These two distinguished leaders have dedicated their lives to improving the lives of so many people across Alameda and Contra Costa (counties). Their work has touched every corner of the East Bay,” Alameda County Supervisor and President Nate Miley said.

Leaders from both counties spoke on the supervisors’ legacies and their dedicated years of service.

Contra Costa Supervisor John Gioia said that Glover was the type of person that grew with each challenge that crossed him, especially after he had major surgery in 2020. But Gioia said that the treatment did not deter Glover.

“He’s had tougher races for reelection than any member of our board that I can recall, and he’s always come back stronger than before,” Gioia said.

Sharing a county border, Gioia complimented Carson on his ability to sway leaders from both sides of the political aisle to listen on the issues affecting locals and residents across the nation.

Shannell Scales Preston, who is taking over Glover’s D5 seat in 2025, told event attendees that Glover was a mentor to her for many years. He often would call Preston after Pittsburg City Council meetings with remarks about her performance and how well she spoke up on certain issues.

With Glover spending years as the only Black elected official in local government, Preston would ask him how he managed to not feel lonely about the job. She then congratulated him on being the only supervisor in Contra Costa to have all Black mayors under his district in 2023.

Preston said he’s been a leader to many diverse groups and his tenure has seen leaders of all backgrounds, but particularly paving the way for Black leaders in predominantly white areas.

Miley, who has shared his entire 24-year tenure on the Alameda Board with Carson, tearfully wished the exiting supervisor luck and said he would miss him dearly.

Carson said that as we embark on a “dark time” for everyone across the nation and worldwide in 2025, it’s important to continue communicating and working with groups from all backgrounds because that is the only way things will get done.

“There have been many lonely nights, but then the sun comes out in the morning when you continue to think, ‘I can make a difference,’” Carson said.

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