ACLU Video Highlights Three Jurors Who Say Racial Justice Act Needed to Prevent Discrimination

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CONTACT: (212) 549-2666; media@aclu.org

FAYETEVILLE, N.C. – North Carolinians who say they were wrongfully struck from juries in capital cases because of their race are speaking out today in a new video produced by the American Civil Liberties Union documenting their experiences.

The video, which features three African Americans who say they were struck from capital juries by prosecutors simply because of the color of their skin, is being released in conjunction with the first hearing under North Carolina's historic Racial Justice Act. Marcus Robinson is asking that his death sentence be commuted to life in prison without the possibility of parole. Potential African American jurors in Robinson’s case were struck from his jury at a rate 3.5 times higher than other potential jurors.

“It made me feel like I was back in 1960, that racism is still very much alive,” Laverne Keys, who was excluded in the 1999 case State v. Jathiyah Al-Bayyinah, says in the video. “It makes you wonder whether all these people are being given a fair trial or given a fair consequence so far as the death penalty.”

The Racial Justice Act allows death-row prisoners like Robinson a hearing in which they can present statistics and other evidence showing that death sentences state- and county-wide were tainted by racism, and that their death sentence should be commuted to life in prison without the possibility of parole.

A recent Michigan State University study shows that state prosecutors are significantly more likely to eliminate potential African-American jurors and that defendants are more than twice as likely to be sentenced to death if the victim is white than if the victim is black.

“The stories presented in this video make clear that the death penalty system in North Carolina and across the nation is plagued by discrimination,” said Denny LeBoeuf, director of the ACLU Capital Punishment Project. “The Racial Justice Act is a crucial means of ensuring that no one is wrongfully executed because of racial bias.”

Cassandra Stubbs, staff attorney with the Capital Punishment Project, is part of the legal team representing Robinson.

One of 34 states to maintain the death penalty, North Carolina has the nation’s sixth-largest death row population, more than half of whom is African-American. Thirty-one people on North Carolina’s death row were sentenced by all-white juries.

The video highlighting the experiences of three African-Americans struck from capital juries in North Carolina is available at:
www.aclu.org/capital-punishment-racial-justice/african-americans-exclude...

A New York Police Department document recommended targeting dozens of Shiite Muslim mosques from Pennsylvania to Connecticut for surveillance in a search for possible Iranian terrorists, though no evidence of such a threat existed.  The recommendation to target groups based solely on their religion, and previous reports of NYPD infiltration and surveillance of mosques with assistance from the CIA, violate NYPD and FBI guidelines, and constitutional rights to freedom of religion. 

http://www.huffingtonpost.com/2012/02/02/nypd-document-gather-inte_n_1250386.html

To See the NYPD document: http://bit.ly/wYrAUX

Join us for the first stop of a national tour to address the issue of prosecutorial oversight in the wake of the U.S. Supreme Court’s decision in Connick v. Thompson, which granted prosecutors almost complete immunity for their intentional misconduct. Panelists from all aspects of the criminal justice system will discuss systemic and legal approaches for reducing prosecutorial error and misconduct.

Monday, February 6, 2012
6 to 8:30 PM
Jacob Burns Moot Court Room
Benjamin N. Cardozo School of Law

Speakers include:
Maddy deLone, Executive Director of the Innocence Project, who will moderate the panel; 
John Thompson, whose $14 million civil award for the prosecutorial misconduct that caused him to spend 14 years on death row was overturned by the U.S. Supreme Court, Founder and Director of Resurrection After Exoneration and Voices of Innocence;  
Ellen Yaroshefsky, Clinical Professor of Law and Director, Jacob Burns Center for Ethics in the Practice of Law at Cardozo School of Law;
Hon. Richard Buchter, New York Supreme Court Judge and former Queens Assistant District Attorney;  
Hon. Elisa Koenderman, New York Supreme Court Judge and former Bronx Assistant District Attorney; 
Sarah Jo Hamilton, Principal at Scalise & Hamilton, LLP, and a former trial counsel and first deputy chief counsel to the Departmental Disciplinary Committee for New York’s First Judicial Department; and 
Ross E. Firsenbaum and Shauna Friedman,  Senior Associates at Wilmer Hale, who represented Arthur Ashe Courage Award Winner Dewey Bozella, who was wrongly convicted of murder due to police and prosecutorial misconduct and was exonerated after serving 26 years in New York prisons.

Light refreshments will be served following the panel discussion. More info here.

Seating is limited.  Pease RSVP by February 1 toinfo@prosecutorialoversight.org.

Florida Law Limits Donations by Minors to $100 but Adults And Corporations Can Donate up to $500 per Election

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CONTACT: (212) 549-2666; media@aclu.org

MIAMI – The American Civil Liberties Union of Florida (ACLUFL) today filed a legal challenge on behalf of Julie Towbin, a 17-year-old resident of Boca Raton, challenging Florida’s law limiting political contributions by minors because the law limits the Constitutionally protected right to free speech.

Current Florida law (statute 106.08(1)(b)(2)) limits donations made by minors to state and local candidates to $100 per candidate per election while adults and corporations may contribute up to $500 per candidate per election.

“The law goes overboard by restricting my ability to access the political process, effectively support candidates for office and express my views as others do.” Towbin said. “The state is violating a right guaranteed to me by the First Amendment – the right to engage in political speech.”

Towbin is a high school senior who, in addition to earning money from a job as cashier in a restaurant, earned more than $7,000 as a Congressional House Page in 2011. She keeps her funds in a bank account in her name. She is registered to vote and plans to cast her first ballot in the November 2012 elections.

In September, 2011, Towbin was interested in attending a fundraising dinner for the Palm Beach County Democratic Executive Committee, of which she is a member. But she was told that purchasing a regular $150 ticket to the dinner may be a violation of the $100 limit on contributions by minors.

Because of her concerns about violating the law by purchasing a ticket to the fundraiser and making contributions to local candidates in 2012, Towbin wrote the Palm Beach County Supervisor of Elections, the Palm Beach County State Attorney, the State Attorney General and to the Florida Elections Commission which would be responsible for hearing potential violations and issuing penalties such as criminal referrals for prosecution and fines. Receiving no assurances that buying the ticket would not result in legal penalties, Towbin did not attend the fundraiser and has not made any campaign contributions over $100.

“It’s clear that this Florida law limits a citizen’s access to political discourse based solely on age,” said Howard Simon, Executive Director of the ACLU of Florida. “The right to speak politically as well as hear political debate is clearly protected and our laws should encourage everyone – especially young people – to engage with democracy instead of cutting people off from the process.”

The statutory age limit restriction applies only to Florida and local candidates. Under federal election rules, even though she is a minor, Towbin may contribute up to $2,500 – the same amount allowed for adults – to candidates for federal office such as President or Congress.

“The Constitution does not allow the state to treat speech differently based on who is doing the speaking,” said James K. Green, cooperating attorney in the case. “If the state has a need to limit contributions to a set amount – in this case $500 – the amount needs to be the same for everyone without exception.”

The suit was filed today in the Southern District of United States Court in West Palm Beach and asks the Court to declare Florida’s law unconstitutional as a violation of the First and Fourteenth Amendments to the U.S. Constitution. The suit also seeks an order blocking the state from enforcing the age limit restriction on supporting candidates.

“Florida law gives more speech and political participation rights to corporations and political action committees than seventeen year olds who will vote this year,” Towbin said. “More than being unconstitutional, the law institutionalizes apathy among young people – it says your voice is worth one-fifth of someone else’s.”

A copy of the complaint filed today is available here: http://www.aclufl.org/pdfs/2012-01-26-TwobinComplaint.pdf
 

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CONTACT: (212) 549-2666; media@aclu.org

A former student who endured severe and persistent harassment throughout junior high and high school has gained a major settlement from the Aberdeen School District, the ACLU of Washington announced today. The ACLU has represented Russell Dickerson III in a lawsuit saying that school district officials were aware of the harassment but failed to take steps reasonably calculated to end it. Under terms of the settlement, Dickerson will receive $100,000 from the district. Additionally, the ACLU will receive $35,000 in legal fees.

“Public school officials must be held accountable when they fail to meet their responsibility to act decisively when a student is subjected to harassment by his peers. This settlement sends a message to school districts statewide to take strong action as soon as they learn that a student is being bullied,” said Sarah Dunne, ACLU-WA legal director.

“I learned from my parents that you should never give up. You should fight for your rights – you don’t just walk away,” said Dickerson.

Russell Dickerson III, now 20, is an African-American resident of Aberdeen. For six years, from 2003 when he entered junior high until 2009 when he graduated high school, other students harassed Dickerson on the basis of his race, sex, and perceived sexual orientation.

At Miller Junior High, Dickerson was called names by other students and found notes in his backpack and taped to his back calling him “stupid nigger” and “dog.” Students tripped him in the hallways and threw food at him in the cafeteria. In one incident, three students pushed him to the floor in the hallway and smashed a raw egg on his head; only one of the students was disciplined.

At Aberdeen High School, the harassment escalated, with Dickerson subjected to a continuing barrage of viciously derogatory insults about his race, physical appearance, and suspected sexual orientation. Dickerson suffered physical harassment, with other students pinching and fondling his chest, spitting on his head, and throwing objects at him. Although an assistant principal discouraged Dickerson from reporting misconduct by the student’s peers, the student and his parents repeatedly reported incidents of harassment to district administrators, both verbally and in writing. Yet the district failed to take adequate steps to end the harassment.

In 2007 students in the district created a website mocking Dickerson and his perceived sexual orientation, and posted threatening racist comments on it. Students discussed the website at school. Grays Harbor Superior Court issued a no contact order between Dickerson and one of his harassers who had threatened on the website to lynch him, yet Dickerson became the target of retaliatory harassment after reporting the website to school authorities.

The school district’s failure to act created a hostile educational environment for the student. His academic progress was hindered, he was isolated at school, he felt discouraged from using his locker, and he avoided extra-curricular activities that put him in contact with his peers. Further, the student suffered extreme emotional distress, including an inability to concentrate on studies, serious depression, despair, and anxiety.

Filed in December 2010 in U.S. District Court in Tacoma, the lawsuit said that the deliberate indifference to ongoing harassment by the school district, which receives federal funds, violated federal law – Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s negligent inaction also violated the Washington Law Against Discrimination.

ACLU-WA cooperating attorneys Michael Scott, Joseph Sakay, and Alexander Wu of Hillis Clark Martin & Peterson P.S. and ACLU-WA staff attorneys Sarah Dunne and Rose Spidell represented Dickerson.

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

AUGUSTA – The Legal and Veterans Affairs Committee today voted to table LD 199, which would require voters to present a photo ID before voting, and are considering action that would turn the bill into a study of Maine’s electoral system.

“Thousands of Mainers, and especially older Mainers, don’t have access to a photo ID,” said John Hennessy of the AARP of Maine. “These folks have been voting in their communities for decades, but could have been turned away from the voting booth for no good reason. The committee deserves tremendous credit for looking beyond politics to put aside voter ID.”

Secretary of State Charlie Summers also presented a report to the Legislature today that identified potential clerical and procedural errors in the state’s Central Voter Registration System.

“The Secretary of State is entrusted to protect the right of Mainers to vote and already has the authority and the obligation to ensure that elections are administered appropriately,” said Shenna Bellows. “If there are administrative problems, then the Secretary of State should fix them now without any further study.”

The Secretary of State also suggested that some undetermined number of votes may have been cast inappropriately during the last few years.

“Maine elections are well-run and secure, and they have helped our state to become a national leader in voter participation,” said Ann Luther of the League of Women Voters of Maine. “If the Secretary of State has identified isolated problems, then he should investigate them now and make sure that anyone who has violated the law is prosecuted. A study is unnecessary because he already has that responsibility and authority.”

 

Legislation Would Cause Backlog of DNA Tests and Violate Privacy

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CONTACT: (212) 549-2666; media@aclu.org

COLUMBUS- The American Civil Liberties Union of Ohio will testify today before the Ohio Senate Judiciary Committee opposing Senate Bill 268. The legislation will expand the government’s ability to take DNA samples from felony arrestees by allowing the state retroactively to seize genetic information from past arrestees and those charged with a felony but not arrested. In 2009, the Ohio General Assembly passed S. B. 77, which allowed the state to obtain DNA samples from those arrested on felony charges.

“DNA is perhaps the most personal information our bodies contain, and the government must not simply take it without considering the privacy of Ohioans,” said ACLU of Ohio Associate Director Gary Daniels. “Those who have been arrested for a crime have not been found guilty in a court of law, nor have they had any opportunity to defend themselves. This system allows innocent people’s genetic information to become property of the state without any due process.”

“Neither this legislation nor current law provides meaningful opportunity for innocent Ohioans to remove their DNA from state databases if they were wrongfully accused of a crime,” added Daniels. “By expanding the power to collect DNA even further, state legislators will open a Pandora’s box where law enforcement may abuse their ability to arrest to perform an end-run around due process protections.”

S. B. 268 would direct the DNA information to the Bureau of Criminal Investigation to check against past records and keep on file. News reports have indicated that BCI and local law enforcement often have long backlogs on testing DNA evidence such as rape kits. On December 5, 2011, Ohio Attorney General Mike DeWine recommended that local law enforcement send rape kits to BCI for testing, and pledged to add staff to accommodate the increase. Recently, the Department of Justice and state officials in Michigan and Illinois have warned legislators against adding additional DNA collection categories in order to avoid creating additional logjams.

“Unnecessarily collecting DNA will clog law enforcement systems, violate Ohioans’ privacy, and increase costs,” concluded Daniels. “State legislators should focus on testing rape kits and other evidence that has sat on shelves rather than adding more DNA to test that may lead to nothing.”

The Senate Judiciary Committee will be at 3:15 p.m. on Tuesday, January 24, 2011 in the North Hearing Room of the Statehouse.

ACLU-NJ Midterm Report Card Examines Christie’s Record on Respecting Rights

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CONTACT: (212) 549-2666; media@aclu.org

NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) released a midterm report card for Gov. Chris Christie today, issuing mostly low marks for his administration’s handling of critical civil liberties issues such as reproductive freedom and free speech.

The report card examines Christie’s record on an array of civil liberties issues during his first two years in office. The ACLU-NJ issued a similar report card for Newark Mayor Cory Booker in 2009 during his first term in office.

“Christie has two years to turn a mediocre civil liberties record into a testament to individual rights,” said ACLU-NJ Executive Director Deborah Jacobs. “The people of New Jersey expect a leader who will stand up for their freedoms, not one who will let them know that despite his unfair policies, his heart is in the right place. It’s time for Gov. Christie’s good intentions to turn into policies that strengthen our rights and improve our lives.”

The ACLU-NJ issued the following grades:
• B in Freedom of Religion. Gov. Christie made headlines several times in his first term for defending the religious freedom of Muslims and warning against extremists trying to promote discrimination against Islam.
• F in Freedom of Speech. When provided the opportunity to speak up for our nation’s most fundamental value, the Governor stood idly by, letting the Department of Military and Veterans Affairs trample the rights of Occupy Trenton, and going so far as to endorse the termination of a NJ Transit employee fired for exercising his right to free expression.
• B- in LGBT Rights. Although the Governor has spoken out against bullying and supported some interests of the LGBT community, he has turned his back on marriage equality for same-sex couples.
• D in Open Government. Although the Governor signed a bill that lowers the cost of copies in New Jersey, his administration has put itself on the wrong side of open government disputes numerous times, allowing agencies to hide public documents and forcing citizens to go to court to get them.
• C in Police Practices. Improvements made by the Office of Attorney General (OAG) to its statewide police Internal Affairs policies were a step forward, but the OAG has failed to address other important issues, such as developing a statewide policy on the use of confidential informants.
• C in Privacy Rights. The governor conditionally vetoed a bill that sought to open adoption records, taking into account the privacy rights of birth parents. At the same time, he signed into a law a bill that allows police to collect DNA of people once they have been arrested in violation of privacy and due process rights.
• F in Reproductive Rights. Not only did the governor cut $7.5 million from the budget for family planning centers, but he also withdrew an application for a federal program that would have covered family planning expenses for some of New Jersey’s most vulnerable women and children.
• D in Separation of Powers. The Governor refused to reappoint New Jersey Supreme Court Justice John J. Wallace, Jr., calling into question the tradition of evaluating judges based on merits, and personally attacked a Superior Court judge because he disagreed with the outcome of her ruling. Gov. Christie’s actions threaten to undermine the judiciary’s independence and credibility.

To view the report card in its entirety, visit www.aclu-nj.org.
 

Legislation Would Cause Backlog of DNA Tests and Violate Privacy

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

COLUMBUS- The American Civil Liberties Union of Ohio will testify today before the Ohio Senate Judiciary Committee opposing Senate Bill 268. The legislation will expand the government’s ability to take DNA samples from felony arrestees by allowing the state retroactively to seize genetic information from past arrestees and those charged with a felony but not arrested. In 2009, the Ohio General Assembly passed S. B. 77, which allowed the state to obtain DNA samples from those arrested on felony charges.

“DNA is perhaps the most personal information our bodies contain, and the government must not simply take it without considering the privacy of Ohioans,” said ACLU of Ohio Associate Director Gary Daniels. “Those who have been arrested for a crime have not been found guilty in a court of law, nor have they had any opportunity to defend themselves. This system allows innocent people’s genetic information to become property of the state without any due process.”

“Neither this legislation nor current law provide meaningful opportunity for innocent Ohioans to remove their DNA from state databases if they were wrongfully accused of a crime,” added Daniels. “By expanding the power to collect DNA even further, state legislators will open a Pandora’s box where law enforcement may abuse their ability to arrest to perform an end-run around due process protections.”

S. B. 268 would direct the DNA information to the Bureau of Criminal Investigation to check against past records and keep on file. News reports have indicated that BCI and local law enforcement often have long backlogs on testing DNA evidence such as rape kits. On December 5, 2011, Ohio Attorney General Mike DeWine recommended that local law enforcement send rape kits to BCI for testing, and pledged to add staff to accommodate the increase. Recently, the Department of Justice and state officials in Michigan and Illinois have warned legislators against adding additional DNA collection categories in order to avoid creating additional logjams.

“Unnecessarily collecting DNA will clog law enforcement systems, violate Ohioans’ privacy, and increase costs,” concluded Daniels. “State legislators should focus on testing rape kits and other evidence that has sat on shelves rather than adding more DNA to test that may lead to nothing.”

The Senate Judiciary Committee will be at 3:15 p.m. on Tuesday, January 24, 2011 in the North Hearing Room of the Statehouse.
 

San Francisco supervisors have introduced legislation to ensure San Francisco Police Officers working on the FBI Joint Terrorism Task Force comply with local standards governing police intelligence and investigative activities, which are more protective of privacy and civil rights than the FBI’s Guidelines.  The proposal is modeled on a similar ordinance passed in Portland, Oregon last year. 

http://blogs.kqed.org/newsfix/2012/01/24/sf-supes-consider-local-oversight-of-fbi-terrorism-investigations/

For an ACLU-NC graphic on Regulating the SFPD-JTTF Relationship: http://www.aclunc.org/issues/government_surveillance/asset_upload_file983_10599.pdf

For Language of the Proposed Ordinance:  http://www.aclunc.org/issues/government_surveillance/asset_upload_file394_10599.pdf