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Jahi McMath Declared Brain Dead, Family Still Fighting (UPDATED)
The family of 13-yr-old Jahi McMath sat in a courtroom Tuesday morning listening to the testimony of an independent medical expert confirm that their daughter was brain dead.
Dr. Paul Fisher, Chief of Pediatric Neurology at Stanford Children’s Hospital and a known expert on brain death, was assigned by Alameda County Superior Court Judge Evelio Grillo to conduct separate tests and report on the girl’s condition.
The family has been in an uphill legal battle with Children’s Hospital Oakland, fighting to keep the girl on life support.
She had begun bleeding profusely and went into cardiac arrest three days after a routi
ne tonsillectomy surgery on Dec. 9. Doctors later declared her brain dead.
Dr. David Durand, Chief of Pediatrics at Children’s Hospital, released a statement saying, “It would be wrong to give false hope that Jahi will ever come back to life.”
But Jahi’s mother, Nailah Winkfield, says she will not stop fighting for her daughter and still believes her daughter is alive.
“God has the final say, not the doctors,” she said. “The doctors think they know everything, but if they knew everything my daughter wouldn’t be brain dead.”
The hospital was involved in a similar conflict with a patient’s family in 2011, in the case of 1-yr-old Hiram Lawrence, shot in the head by a stray bullet and declared brain dead. The family complained about what they perceived as the hospital’s eagerness to take the infant off life support, even discussing organ donation with the family.
Rev. Dr. Harold Mayberry, senior pastor of First African Methodist Episcopal Church and Pastor Gerald Agee, senior pastor of Friendship Christian Center and president of the Pastors of Oakland, called a press conference last Sunday on behalf of Oakland’s clergy community to show their support for Jahi’s family.
Attorney John Burris and Oakland City Councilwoman Desley Brooks also attended the press conference.
Mayberry said he was concerned about the lack of sympathy given to the family.
“Anytime a hospital administrator, whether he or she is a doctor or any physician in the hospital, says: ‘she’s dead, she’s dead, she’s dead and we want the courts to say ‘no, no, no’ – (that) represents a lack of sensitivity,” Mayberry said.
“At very best, perhaps the hospital should discipline that official, at very least, that official needs sensitivity training,” he added.
“…when you are wrong, you’re wrong,” Agee said. “You don’t need a judge to tell you you’re wrong. You need to do the right thing.”
Children’s hospital denies the statement was made, and says hospital representatives have been sympathetic to the family. Rev. Mayberry tried to hand a letter to Dr. Durand, urging the hospital to take a stand in regards to the reports of improper treatment.
However, was not allowed to deliver the letter, but an assistant met him downstairs and stated she would deliver the letter to him.
A large crowd marched last Monday in the streets near Children’s Hospital Oakland for Jahi with
signs reading, “We love you” and “Doctors can be wrong.” Winkfield said she is thankful for the support of those rallying behind Jahi – many of them people she has never met before.
“It makes me feel better because they believe just as well as I do that God has the final say on my daughter,” Winkfield said.
Later on Monday, the Alameda County Superior Court judge extended the temporary restraining order to Dec. 30, which allowed for Dr. Fisher to conduct tests and give his report Tuesday morning.
Judge Grillo ruled against the family, no longer requiring the hospital to continue additional medical care to Jahi, but the ventilator will stay hooked up until 5 p.m. on Dec. 30. He offered words of sympathy to Winkfield, encouraging her to find comfort in her religion and in the love from her family.
The family did not say what their next move would be following the judge’s ruling but they spent Christmas by her bedside, praying for a miracle.
Thursday night the family announced that a long term care facility was willing to take Jahi but a feeding and breathing tube needs to be implemented for safe transport. Children’s Hospital is unwilling to complete the procedure because the girl has been declared brain dead and therefore legally deceased.
Children’s Hospital spokesperson has also noted that Judge Grillo’s ruling only permits the hospital to keep her on a ventilator until 5pm on December 30th.
The family attorney Christopher Dolan is expected to file for another restraining order Monday morning to give the family more time to transport Jahi to a longterm care facility.
Activism
‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him
“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.
By Post Staff
U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.
“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.
“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.
“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”
When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”
This story is based on a report from The Grio.
Activism
City of Oakland Celebrates Reopening of Main Library
“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”
The branch had been closed since May for critical infrastructure upgrades
Special to the Post
The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.
Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.
“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”
“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”
“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”
“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”
“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”
The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.
The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.
The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.
About the Oakland Public Library
The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org
Activism
Biden’s Legacy Secured with Record-Setting Black Judicial Appointments
His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations. The White House said Biden’s efforts show a broader commitment to racial equity and justice.
By Stacy M. Brown
WI Senior Writer
President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history.
Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.
His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations.
The White House said Biden’s efforts show a broader commitment to racial equity and justice.
Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.
“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.
Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.
“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.
Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.
Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.
Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships—approved unanimously by the Senate in August—stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.
Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.
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