Wednesday, March 30, 2016

NJ State Police Crime Lab Fraud & Racist Memo from Wyckoff Police Chief

Two wretched revelations have bubbled to the surface of the cess pool of so called criminal justice in New Jersey.  These situations need to be viewed as par for the course – in a situation that is so thoroughly pervasive.  Those responsible for overseeing the misapplication of criminal justice, locally, in NJ statewide and nationally – they subvert truth and use disinformation to hide the true motivations behind this wretched arrangement.  But when tid bits of truth surface – it is important for those of us that consider ourselves decarcerators, abolitionists or reformers to be prepared to utilize the opportunity – to seize the moment to demand appropriate relief *for the victims* of such corruption in the application of criminal justice.

Often the reaction of the public to these issues as they arise is to demand justice in the form of punishment for the culpable criminal justice officials.  However, as decarcerators, we need to take a different tact.  We need to be better organized to the point so that as these issues bubble over – we can take full advantage by demanding relief for the victims – those accused, arrested, convicted based upon the shoddy or fake evidence and racist policing.

One issue that has been in the news lately is that a key staff member of a NJ State Police crime lab was caught making up test results – not even bothering to test marijuana evidence – yet drawing conclusions without actually doing any testing.  Apparently this corrupt official, Kamalkant Shah, was connected to nearly 8000 cases.


Another interesting development is the e-mail that surfaced from the Chief of Police of Wyckoff New Jersey directing the officers under his command to racially profile Black men in that town.


“I think that most police officers are finding the national rhetoric about police abuse and racial profiling quite upsetting. Profiling, racial or otherwise, has it's place in law enforcement when used correctly and applied fairly. Unfortunately we have never heard that from our President, top political leaders or our US Attorney General. Don't ask the police to ignore what we know. Black gang members from Teaneck commit burglaries in Wyckoff. That's why we check out suspicious black people in white neighborhoods. White kids buy heroin in black NYC neighborhoods. That's why the NYPD stops those white kids. The police know tl1ey are there to buy drugs. It's insane to think that the police should just "dumb down" just to be politically correct. The public wants us to keep them safe and I'm confident that they want us to use our skills and knowledge to attain that goal. My major concern is that all of this misguided complaining about police officers will cause an officer to react slower to something you might perceive as a threat. That delay could be deadly. Continue to do your job relying on your training, instincts and knowledge: A common thread in the recent national incidents are persons who resist the police. That resistance then creates your counter reaction. We don't run from fights. This department has a history of being respected by the public. Each of you contribute to that daily. Continue to be fair with people and treat them with respect. If someone resists your authorized demands, use your counter reaction as the law allows and you have my 100% support should others complain. If you have done your job correctly, they don't want to get me on the other end of the phone. Above all, do what you have to do and that which the law allows you to do to remain safe.”

Each of these situations call for – demand – a decarceration response.

In the case of the corrupt NJ State Police lab – we did launch a petition.  We have demanded that every one of the cases tainted by the corrupt official – every conviction – be vacated.  (Please sign: https://www.change.org/p/john-jay-hoffman-acting-attorney-general-vacate-charges-and-convictions-from-corrupt-official-at-njsp-crime-lab?recruiter=8123081&utm_source=share_for_starters&utm_medium=copyLink )

There also is a legal office that is filing paper work to sue on behalf of clients harmed by this apparently perjuring NJ State Police lab employee. 


However the outcry should be louder.  This is blatant – right before everybody’s eyes – they admit that they have been framing people up on drug charges in NJ.  As a retired NJ based defense attorney that signed the petition referenced above stated in a comment on the petition:

“I am signing because I am a retired New Jersey lawyer. I take the same oath as the NJ State Police. You must do this in accordance with that oath. I saw some shaky lab reports in my time as an attorney. When I asked for sample back for independent testing, this is when I won my case. I was left with an uneasy feeling about the particular lab reports where that happened. Not all clients can afford an independent lab test so the samples were not often requested by the defense. I knew that.” Kathleen Feeney, Esq.

In the case of the Wyckoff Chief letter – it is up to decarcerators and other lovers of justice to make the demand that history of policing under this chief in Wyckoff be reviewed and that every case involving Black arrestees be reviewed to determine if there was bias or other illegalities in the handling of the cases.  If so, relief needs to be provided in the form of vacated sentences and convictions for those victims of injustice.

We need to draw our ranks tighter so that we can make more effective responses as these issues continue to surface and we need to analyze across the board to help explain why in NJ we end up with a situation that 65% of those incarcerated in NJ’s prisons are Black.  The system should know that under no circumstance would it ever dream of carrying itself in this way – instead it acts with impunity.

These two revelations scratch the surface.  Criminal justice in NJ and throughout the US is wrought with these pervasive criminal behaviors by the enforcers, the legal experts, the prosecutors, the sentencers, the punishers.

How can we – the Decarcerators – the Abolitionists – the Reformers – make it clear to the “powers that be” that the business as usual of racial profiling, locking up innocents on false pretenses, the test-alying by police and lab officials will continue only at the peril to the system?  What must we do to get this message across clearly?

If you want to help make this happen - call 908-881-5275 or write Decarc@DecarcerateNJ.org 

Saturday, March 5, 2016

Release Bernard Davis! Drop Phony Charges!

DEMAND IMMEDIATE RELEASE AND DROP OF PHONY CHARGES AGAINST BERNARD DAVIS!

Action plan being formulated but immediately contact: isameen1@hotmail.com to let the family know that you are ready to support whatever actions are formulated.

The following text was posted by the family of Bernard Davis on Facebook and is posted here with permission.

This could happen to your son or daughter:

HORRIBLE INJUSTICE AGAINST A WELL KNOWN OUT OF STATE COLLEGE STUDENT BY THE TOWSON POLICE DEPARTMENT IN MARYLAND…

Our Son Bernard Davis is a College Student at Morgan State University, he is also a well-known DJ, in New Jersey, and in Baltimore as well. Bernard is a well-grounded young man and has no criminal background and has never been in trouble with the law. Bernard has been attending Morgan for the last four years, he has been rob by gun point twice, and there was no full blown investigation. Bernard has made many friends in Baltimore and decided that he wanted to finish school there, he lives off campus, while he attends school and he returns home during summer and spring break. On November 13, 2015, Bernard and a few of his college friends decided that they wanted to go to a college party, as most college students do. Bernard and his friends decided to stop at a McDonalds to get something to eat because they were too early for the party, they got their food and was given a receipt for what was purchased.

As they headed for the party, Bernard and his friend notice that they were being followed by the police, four blocks later the police pulled them over, (racial profiling) had them get out of the vehicle they had them sit on the curve, approximately 10 or 20 min another police car pulled up, and shined a light on Bernard and his friends, impound the car and took them down to the precinct 6 in Towson Maryland. Bernard is known for wearing his hoodies, he is a young college black man and a DJ, why can’t he wear what he wants, meanwhile the person in the car stated that Bernard rob him, because he said that the person who rob him had a hoodie and earrings on,

HOW MANY COLLEGE KIDS WEAR HOODIES. BERNARD AND HIS FRIEND WERE IN ANOTHER PART OF TOWN WHEN THIS ROBBERY TOOK PLACE, THEY NEVER LEFT EACH OTHER SIDE?

Bernard and his college friends who all are black vouch for each other and had a receipt from McDonald as well. The cops took Bernard’s phone and all the boys where released. On March 01, 2016 there was a loud banging on our door and it was the Marshall stating they had a warrant for Bernard arrest, Bernard just got off of work, and was working to prepare to go back to school, the Marshall took my son out of the house like a criminal, even the Marshall felt that something was wrong with this case, and all those who have met my son.

Before all of this my son has been in communication with officer Sean Bissett of Towson Maryland, who stated that he was going to send Bernard his phone back and the case was closed, this officer stated the same thing to my husband, my son had no reason not to believe this officer, he trusted that what he was saying was true, Bernard had no reason to believe that he was in any kind of trouble for something he did not do, and if there was a problem why didn’t this officer who is supposed to protect and serve all people tell him that.

This officer Bissett and the prosecutor’s office set my son up because of the rash of robberies going on in Towson, because my child is a black man who wears a hoodie like every student male in college wears. My son Bernard is now sitting in jail for a crime he did not commit, there has been and injustice against my son, because of the color of his skin, my child has no reason to rob anyone, thats just not who he is, Bernard is very quiet and laid back, he’s very into his music, and writes beats. He has done nothing for anyone just to take his freedom, because of a ride to a college party. He has done nothing to be indicted for a crime he did not commit and is now being held for it.

Bernard is our youngest son, he is my baby and always will be, Bernard is 23 years old, and never been in trouble, he has been raised in the church, and has good value, everyone who meets our son, know he has been raised well, Bernard is an artist in his own right, from the day he was born he had music in his head, and in him, and is able to write, and make his own beats, Bernard’s spends his quiet time writing music and has learned to play the key board on his own, he has an older brother who is in the Army, and twin sister’s in college, he has been raised to believe in the justice system, and lives with both of his parents, who are Elder Elect, and License minister.

We need your help so that this will never happen to another child, helping with Bernard’s legal freedom, and writing letters to stop police from being able to pull our kids over just because there black and wear hoodies, we need your help in getting petition and sending them to Towson in Maryland, for there officer to stop racial profiling our kids, when we are spending out hard earned money to send our sons to school to get an education, which is their right to learn in America. Calling on Al Sharpton, and the NAACP if we have to. We need your help to help us get a full investigation of officer Sean Bissett, to see if he has done this injustice to another black college student just because he wears a badge, that badge should mean something like honor, to protect and to serve all. We need your help to write letters to the senate and to the congress, because this must end today, we need your help and we will sue if we have to, because it our son today it may be your son tomorrow.

We need your help to let people know that our son matter. We are calling for all clergy, and Black lives matter, and mothers against police profiling to stand up for our son and others like him, we need the media to report the truth, and we need all officer who continue to behave in this manner to be fired, we need the good cops to stand against those who don’t deserve to wear the badge of honor. Even though this has happened to my son we still believe in good cops, but we need the good to out way the bad. We need your help to find a good lawyer to represent my son, we need all the donation we can get on Bernard behalf, my heart as a mother is broken because I raised my children different, to believe in what’s right and to do what’s right, and in a matter of seconds an officer of the law, has put something in my child that never existed, I pray that what he has done to mines, doesn’t happen to his, the one thing Bernard has is praying parents who trust in the lord with everything…We pray that what you have done to our son, will never happen to your son or daughter somewhere in life, life is funny, and there’s an old saying watch what you do to others it will come back on you maybe not today or in this manner but it will..

We continue to pray for RACIAL HARMONY amongst Men and women:
Matthews: 10:13 John 13:35, Acts 17:26; Ephesians 2;14

You have made us of one blood, and you have broken down the wall of partition between us if the house be worthy, let your peace come upon it, so we speak peace among people of all races, peace among all nations, peace among all ethnicities, and clam the storm of racial turmoil among your people. Let the church be the example of unity that is possible though CHRIST.


Release: BERNARD DAVIS
KATRINA & Howard Davis


Friday, February 26, 2016

A Call for NJ Statewide Youth Art Project to Challenge Police Inpunity, Mass Incarceration, Racial Profiling in Law Enforcement and Economic Injustice

Every time there is some high school project where a student expresses a view outside the pro-cop paradigm – it raises controversy from the pro-cop guardians and often at the behest of police unions.  Here is a recent case in point, in Kentucky, not in NJ but the similar dynamic plays out – an art project expresses a view criticizing police shooting of Black civilians and then a big blowhard reaction results against the student views.  The good news in this case is the principal did not have the project taken down.

I visited this topic in an article last June regarding the police inspired repression of 3rd grade teacher (since fired) Marylin Zuniga – repressed by police union inspired outcry after allowing a few students to volunteer to write get well letters to Mumia Abu Jamal whose life has been endangered by Pennsylvania prison authority medical neglect and other police inspired actions against a humanities class assignment in South Jersey:


It seems the public schools will always be subject to this kind of pressure and it seems police are always able to kick up a firestorm of overly protective parental concerns that want to make sure their little Johnny is not exposed to any views in the schools that questions the status quo around issues of police impunity, mass incarceration and racial profiling in law enforcement.

So how about we figure out a way to provide a venue – across the whole state of NJ – in the windows and walls of community based organizations – on our internet outlets – in printed media – and on the public sound cloud to promote art, music, writing, etc. – by youth – that questions authority and challenges police impunity, mass incarceration, etc?  Seeking public space for a venue to exhibit such creations can also provide gounds for struggle – around public space at libraries and in public buildings.  And youth can be encouraged by our movements to express their dissent when the message from within the corridors of the schools is mixed at best.

Is it possible?  I believe so – there are enough justice seeking organizations across the state of NJ that have connections to students and working and unemployed youth.

I believe such a project – while it would be an undertaking – would have the potential for great success and can possibly help encourage expression among the youth which is often frustrated and confounded by the stale dictates of public school administrations as they fall under the influence of cop union big mouths and other blowhard guardians of youth conformity.

Any efforts needs to be inclusive as possible and include outreach across the walls into the incarceration facilities - both the juvenile and adult facilities.

I am interested in any feedback and interest in such an idea – write to Decarc@DecarcerateNJ.org or comment in our Facebook group:
https://www.facebook.com/groups/DecarcerateNJ/

Sunday, February 21, 2016

On Cell Phones and Solitary Confinement

Tyreem Henry - 34,5 years torture (solitary) for social
networking

Cell phones in prisons.  Guess what?  It’s a thing!  Lots of incarcerated have them.  Lots of incarcerated use them to communicate with each other.  To post on Facebook.  To keep up with the outside.  To participate in internet radio programs and broadcast websites.  To urge their brethren and sistern to organize.  Or just to try to maintain some human connection.  Get over it.

And yes, some use them to pursue criminal activities as well.  But you know . . . if they are using their phones for that purpose – and since all cell communications are already monitored by federal agencies – it is the perfect way for agencies to monitor any such criminal activities.  So the existence of the cell phone should make controlling any said crimes by the incarcerated easier – not harder.

So we do not need boogey man stories about how cell phones among the incarcerated is some sort of dangerous scourge.  It is part of the incarcerated life.  It is one of those things that makes many of those incarcerated beholden to the authorities since there is always the potential for a thorough search that could put a substantial percentage of the incarcerated in deep trouble including years of solitary.

The presumption of the carceral state is that the public naturally would go along with the ideology that it is a horrible thing for incarcerated to possess and use cell phones and to participate in social media.  While there could be a strong tendency – as decarcerators we need to SHOUT THAT DOWN!  HELL NO!

“Tough on crime” rhetoric being used to pander to political base (and the base-ist of politics) has run its day.  The current rhetoric is for reform, reduction to incarceration rates.  (Most such rhetoric honestly – including both political parties – is more form – little substance – as the ranks of incarcerated continues to grow, the local enforcement priorities of minimalist offenses continues to proliferate, and the conjuring of new excuses to incarcerate – like establishment democrat Rahm Emanuel’s proposal to jail those who sell “loosey” cigarettes in Chicago for example – continue to proliferate.  But among at least sectors of the public, there is no longer a knee jerk reaction of support for tough on crime political pandering.

We need to apply this rejection to the idea that cell phones in prison are to be severely punished.   And the punishment can be quite severe.  I refer to the case of
http://thesource.com/2015/02/15/sc-inmate-receives-37-years-in-solitary-confinement-for-posting-facebook-status-update

From the linked article:

“Tyheem Henry received the harshest penalty to date. Henry was handed down 13,680 days (37.5 years) in disciplinary detention and lost 27,360 days (74 years) worth of telephone, visitation, and canteen privileges, and 69 days of good time for 38 posts on Facebook. Others such as Walter Brown, who received 34.5 years in solitary and lost 69 years of phone, visits, and commissary privileges, were handed down these sentences that have been termed “cruel and unusual punishment” by human rights organizations.”

Read that a couple of times and let that sink in.  37.5 years of solitary!

This is no isolated incident either:

“A report from the SCDC that was released earlier this month reveals that 432 similar cases were placed against 397 inmates since the“Creating and/or Assisting With A Social Networking Site” Level 1 offense was implemented in 2013..”

First off – solitary is torture and must end immediately.  While decarcerators should continue to press for abolition (in my case) or reform (if that is your view) – we need to be steadfastly united toward the immediate cessation of solitary – recognized as a form of torture internationally. 

But we also need to reject the knee jerk reaction to cell phone use and social networking among the incarcerated. 

The Decarceration effort that will be successful *must be led* by the incarcerated as they are most directly impacted by this form of modern day of enslavement.  It is the incarcerated that understand the issues better than any and are in the belly of the beast.  When incarcerated organize, cell phones are in play.  They are used to capture abuse by the corrections officials, to photograph inhumane conditions on the inside.  They are used by the incarcerated to organize, to communicate, to converse – with each other and with their families and supporters on the outside.  So as decarcerators we must reject these administrative and arbitrary rules that severely punish for cell phones and social networking.


In NJ we need a means to communicate with the incarcerated – to let them know about Decarceration efforts going on outside but also to find out about their organizing efforts on the inside and to let us know about the abuses going on inside so that we can demand an end to such abuses.  The means that the incarcerated use to communicate is for their choosing – not for us to decide.  We need to stand ready to oppose any such severe penalties as they are meted.  

Wednesday, January 27, 2016

Sociological Songwriting and the New Jim Crow



When legal discrimination was abolished white institutions and communities, of course, did not simply welcome African-Americans with open arms. As Michelle Alexander explains in her powerful book The New Jim Crow (New Press, 2010; newjimcrow.com), maintaining racial inequality and segregation even in the face of formal equality requires disguised strategies of suppression. The criminal justice system is very well suited for that purpose. Convictions and incarceration are means to legally exclude a large segment of the black population from full participation in American Society without appearing to discriminate by race.  Stopping and searching people because they look “suspicious” while in a “high crime” area may be viewed by most people as good, proactive police work.  But historically and sociological speaking, it serves a similar function as overt racial segregation and targeting. These tools of exclusion are particularly pernicious because no conscious racist actors are required.  A black police officer who aggressively checks i.d.’s for warrants and makes drug arrests in the name of proactive policing likely has no idea that he or she is helping sustain relatively high rates of black unemployment. By a very clever sleight of hand, most Americans are convinced that behavioral choices (or maybe class differences) rather than unconscious or institutionalized racist practices explain colossal and anachronistic racial gaps in poverty and incarceration.

Of course, mass incarceration is a product of many forces, including many that had little to do with race.  After all, racism was even more virulent in the early 1970’s when incarceration rates were much lower than now.  In addition, white Americans are also incarcerated at alarming levels.  However, I strongly suspect that mass incarceration would not exist if there were no large black population that white America felt compelled to neglect, demonize, exploit or control. And the historical parallels between plantations and prison towns are too compelling to ignore. Prison towns, like plantations in the Old South, allow mostly white people to earn a decent (or excellent) living through the subjugation of mainly black and brown bodies.


There are many reasons to oppose the policies and practices that sustain mass incarceration.  I wrote this song in order to remind people of one major reason to oppose them.  They serve to perpetuate one of America’s greatest shames. These days are not behind us. Jim Crow lives on in disguise.

Sunday, January 10, 2016

Fort Dix 5 political prisoners respond at Camden hearing



By John McDevitt

The narrative that victims are the perpetrators that is pumped out by the media is a centerpiece of the systemic justification of the incarceration of poor, working and oppressed people in New Jersey and around the country. Now in an elections year, the candidates who are vying to manage this system for the rich are promoting hate more and more each day. Gov. Chris Christie, who is running as a Republican nominee for president, has built his campaign on this and in particular anti-Muslim hatred. The fight to challenge the system that jails our people is not separate from fighting these campaigns based on racism and bigotry.

Please read my latest article that appeared in Liberation News on the case of the Fort Dix 5. Their freedom is part of the demand to decarcerate New Jersey.


Ferik Duka, father of the Duka brothers, speaks at the demonstrations of supporters in front of the Camden Courthouse
Ferik Duka, father of the Duka brothers, speaks at the demonstrations of supporters in front of the Camden Courthouse
More than 100 officers were dispatched to arrest those now called The Fort Dix 5 in a massive counter terrorist manhunt that targeted Dritan, Shain and Eljvir Duka and their two other co-defendants Mohamad Shnewer and Serdar Tatar in various locations in Cherry Hill, NJ, in 2007.
Republican candidate for U.S. President, NJ Governor Chris Christie—and known anti-Muslim bigot—prosecuted the original case.
The flaw in the convictions of these three ethnic Albanian brothers and their co-defendants, one Palestinian and one Turkish, is that they never even heard of the conspiracy that they are serving life in prison for. The so-called evidence is carefully parsed phrases gathered by FBI informants on a mission of entrapment.
“The philosophy that supports and encourages jihad around the world against Americans came to live here in New Jersey…” gloated Christie.
Yet, it should come to no surprise that a bigot like Christie who hates teachers and screams at child victims of hurricanes would also be bent on an anti-Muslim campaign to promote his philosophy encouraging racism and fear at the expense of locking up for life innocent immigrant Muslims living in New Jersey.
On Jan. 7, 2016, the three Duka brothers argued at a hearing at the federal court house in Camden, NJ, that they didn’t receive effective counsel and their court-appointed counsel convinced them to not testify at their trial despite the fact that they wanted to testify.
“Free the Dukas now! Free the Dukas now! Free the Dukas now!” shouted supporters at the Camden courthouse hearing—a hearing that was won due to the support for the Fort Dix 5 that confirms the bigotry of the courts and the politicians.
“My name is Zurata Duka. I am the mother of the three sons—Eljvir Duka, Dritan Duka and Shain Duka. My sons, you know, they are strong, but, you know, especially Dritan, he was for six years in solitary, and they was far away from me. It was very hard for me. And Eljvir, too, now he’s about two, three years in solitary there, you know. It’s like they’re making like a mental, you know—it’s not abuse, but it’s abuse by the brain. And it’s very, very hard for me to listen, to see my sons to suffer like this, when they are innocent,” said Zurata Duka to the supporters and the media in Camden.
The result of the hearing will be made known in March, but the need for growing action to support the Fort Dix 5 continues as the progressive movement stands with Muslim brothers against this extreme repression.

Wednesday, December 9, 2015

Jump Starting the Struggle to Decarcerate the Garden State



In recent months, on a personal level, my enthusiasm has waned and unfortunately some of the goals we had for this year have not been realized.  Part of the reason is that I have begun to question the effectiveness of what I was doing – are we affecting policy?  Are we building a base in the communities?  Are we making inroads with the incarcerated?  Are our information channels being utilized, read, followed, forwarded?  Are we connecting with like minded organizations and individuals?    Not having great answers to all these questions – I got discouraged, lost enthusiasm and stopped doing some of the things I was doing to try to keep the effort building.  No doubt some momentum was lost accordingly.

I am now attempting to shake my self from this malaise and get back into action.  But in so doing – I want to try to be somewhat more effective.  It is a year and a half now since we began and we are no further along with real Decarceration in NJ than when we started.  We need to begin to change that.

Some of the steps I would like to take and see us take are:
1.       Assess the organizations and individuals around the state that have identified with our efforts and / or participated in them and to figure out a way to develop roots in various communities around the state so that there are free standing Decarceration efforts going forward and community organizing committees.  Toward these ends I am urging everyone to complete the organizational membership form: https://docs.google.com/forms/d/1v-q3x7gnkq9PS_owE2nFfv_7k_eFQic94ZjycF6FXuA/viewform?edit_requested=true     
2.       Get standing committees in local communities to agree to plan events.  Have a targeted set of dates for coordinated events.
3.       Encourage organizations to adopt Decarceration positions and have a place that makes all the statements accessible.
4.       Get commitments from writers and content producers to keep blog active.
5.       Redouble efforts to reach out to thousands of incarcerated in the NJ facilities.  My bet is that they do not know about our efforts.  They are not yet engaged in our efforts and are not yet funneling information to us about the injustices occurring on the inside.
6.       Encourage the families to tell every story and raise every cry for justice, relief from excessive sentences, release, an end to neglect and abuse, etc.  There should be 1000s of justice campaigns in NJ and we should have a searchable database or at least a common place for their stories.  We need to lean into each other for mutual support so that the system start to get the impression that it is are not taking out the incarcerated one by one in isolation – but that when it messes with one – it messes with all – that we will find out about it and act.
7.       Produce the second issue of the NJ Decarcerator.  The second issue will focus more on reach out to and incorporation into our efforts of the incarcerated and their families.
I definitely want to get us back on track and believe the premises of our organization and 6 point action plan still make sense.  However I would like to see us lay down a firmer foundation so that work can continue through committees and allied organizations all over the state and so that we make Decarcerating the Garden State a top priority for our communities to the point where inaction by those political office holders will be at their own peril.
If you want to help with the effort and help get us relaunched, please contact: Decarc@DecarcerateNJ.org and also be sure to complete the membership form: