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Prosecutors Fight for Eric Garner Grand Jury Record Secrecy

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In this Dec. 3, 2014, photo, security personnel stand outside Richmond County Supreme Court after a grand jury's decision not to indict a New York police officer involved in the police-chokehold death of Eric Garner, in the Staten Island borough of New York. The New York Civil Liberties Union and other petitioners have gone to court on Staten Island to demand that Judge William Garnett open the record in the Eric Garner case — a position opposed by Richmond Count District Attorney Daniel Donovan. Garnett is set to hear arguments at a hearing on Thursday morning Feb. 5, 2015. (AP Photo/John Minchillo, File)

In this Dec. 3, 2014, photo, security personnel stand outside Richmond County Supreme Court after a grand jury’s decision not to indict a New York police officer involved in the police-chokehold death of Eric Garner, in the Staten Island borough of New York. (AP Photo/John Minchillo, File)

TOM HAYS, Associated Press

NEW YORK (AP) — Lawyers battling over whether the grand jury record in the chokehold death of an unarmed black man should stay sealed came under sharp questioning by an appeals court on Tuesday, with one judge asking whether secrecy was a way of glossing over prosecutors’ role in a decision not to charge a white police officer in the case.

The four-judge state panel in Brooklyn heard the arguments in the Eric Garner case after the New York Civil Liberties Union and others appealed a March ruling keeping the minutes under seal. A lower-court judge agreed with the Staten Island district attorney’s office that lifting the veil of secrecy in grand jury proceedings could subject witnesses to harassment or retaliation after they were promised anonymity, an argument repeated on Tuesday.

“The intense public scrutiny of this case should result not in disclosure but even more zealous protection,” Assistant District Attorney Anne Grady said.

But Judge Leonard Austin zeroed in on accusations that then-District Attorney Daniel Donovan was being duplicitous in the Garner case for going to court to get permission for a partial disclosure of details like the number of witnesses, only to turn around and argue against the release of more meaningful information like the testimony of Officer Daniel Pantaleo and prosecutors’ instructions to the grand jury.

“Your office seems to have wanted to put a very pretty gloss on what happened and kind of sweep everything under the rug and use grand jury secrecy as its protection,” Austin said.

Pantaleo and other officers stopped Garner last July 17 on suspicion of selling loose, untaxed cigarettes. A video shot by an onlooker and widely watched online shows Garner telling the officers to leave him alone and refusing to be handcuffed.

The officer responded by wrapping his arm around Garner’s neck in what he said was a sanctioned takedown move and not a banned chokehold. The heavyset Garner, who had asthma, is heard on the tape gasping, “I can’t breathe.” He later was pronounced dead at a hospital.

The medical examiner ruled Garner’s death a homicide and found that a chokehold contributed to it. The death helped spark nationwide debate about the role of race in policing.

The judges on Tuesday also pressed the NYCLU and others on whether they had established a “compelling and particularized need” for the release of the grand jury record as required by law, a standard the lower-court judge found they failed to meet. Attorney Arthur Eisenberg responded that the disclosure was needed to better inform legislative proposals aimed at making grand jury deliberations more transparent.

NAACP attorney James Meyerson went further, saying disclosure was needed because allowing secrecy “reinforces the perception, if not the reality, that the system is rigged.”

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

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U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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