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Army Veteran Subjected to Intrusive Body Search By HIGHLIGHTS FROM THE 2008 ANNUAL DINNER PAGES 4-5 The American Civil Liberties Union of Michigan 2966 Woodward Avenue Detroit, MI 48201 (313) 578-6800 www.aclumich.org Spring 2009 ACLU PRAISES COURT DECISION TO RELEASE MINISTER FROM PRISON PENDING APPEAL, CONTINUES TO FIGHT BOND CONDITIONS THE AMERICAN CIVIL LIBERTIES UNION OF In 2007, Rev. Pinkney was sentenced to MICHIGAN applauded a Court of Appeals probation for violating Michigan election decision in December granting its motion law. But his probation was revoked and he for bond on behalf of a Benton Harbor was resentenced to 3-10 years in prison minister who is serving a 3-10 year prison solely because of an article he wrote for a sentence for writing a newspaper article small Chicago newspaper. Quoting a pas- that harshly criticized the judge who sage from the Bible, Rev. Pinkney pre- presided over his trial. dicted that God would “curse” the judge The appeals court rightly ordered Rev. unless he “hearken[ed] unto the voice of Pinkney released from prison while his the Lord thy God to observe [and] to do all case is on appeal and ordered the trial that is right.” Rev. Pinkney also expressed court to set the “amount” of bond he his opinion in the article that the judge was should pay. However, a Berrien County racist, dumb, and corrupt. judge did more than set the amount of the The ACLU argued in its motion for bond — he put Rev. Pinkney on 24-hour bond pending appeal that the statements house arrest, banned Rev. Pinkney from Rev. Pinkney made in his newspaper edi- giving speeches including in his own torial, while offensive to many, are clearly church, and told him not to engage in any protected speech under the First “demeaning” behavior. In January, the Rev. Edward Pinkney speaks to supporters at his home last year. Amendment. The ACLU further urged ACLU then asked the appeals court to the Court of Appeals to release Rev. remove the harsh and unconstitutional Benton Harbor, a predominantly African activist and advocate, frequently denounc- Pinkney on bond while it considers the bond conditions, however, this motion American community with a troubled ing injustice and racial inequality in appeal of his sentence. was denied and Rev. Pinkney remains relationship with its predominantly white Benton Harbor, its local government, and The Court of Appeals is expected to confined in his home pending his appeal. sister city, St. Joseph. Rev. Pinkney has the Berrien County criminal justice system decide the merits of Rev. Pinkney’s appeal Rev. Pinkney is a Baptist minister in long been an outspoken community in particular. in the upcoming months. CIVIL LIBERTIES GETS ARMY VETERAN SUBJECTED MAKEOVER THROUGH ACLU’S TO INTRUSIVE BODY SEARCH NEW WEBSITE, BLOG BY DETROIT POLICE SETTLES CASE THE AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN settled its lawsuit against the City of Detroit on behalf of an army veteran who was subjected to an illegal and intrusive body search by two police officers at a local gas station. The settlement came on the same day that a trial was set to begin. “It is clear that justice prevailed,” said Mark Fancher, ACLU of Michigan Racial Justice Project Staff Attorney. “The law simply does not allow such extreme and egregious conduct by the police. We are hopeful that this settlement sends a clear Army Veteran Elvis Ware (center) stands with Racial message statewide that no law enforcement Justice Project Staff Attorney Mark Fancher, agency should tolerate such demeaning Cooperating Attorney Melissa El and Legal Director Michael Steinberg. Last month the ACLU of Michigan unveiled its new state-of-the-art website at behavior.” www.aclumich.org. The website is dedicated to providing up to the minute In June 2006, Elvis Ware was seated in his addition, the city will pay an undisclosed information on the many civil liberties issues effecting Michigan. car at a local gas station when he was amount in damages. approached by two Detroit police officers, “I feel vindicated by this settlement. I Intuitively structured, the site provides easy and rapid access to the latest ACLU of Michael Parish and Michael Osman. Parish not only wanted justice for myself, but I Michigan news, events and archives. Most notably, the new website features a blog: approached Ware’s car and forcibly wanted it for others who were treated this www.aclumich.org/blog. This valuable resource, written by ACLU of Michigan staff removed him, handcuffed him and began an way,” said Elvis Ware. “My only hope is and volunteers allows visitors to learn more about our work and talk back about a intrusive search. During the search, Parish that this doesn’t happen to anyone else. If, variety of national, state and local issues. shoved his bare hand down Ware’s pants and by coming forward, I prevent just one per- For existing members the new site provides a facility for asking friends to join or to squeezed his genitals and then attempted to son from having to go through this, I have make a contribution. It’s also easier than ever to join our action alert network. Just stick a bare finger into Ware’s anus. succeeded.” sign up for email alerts on the homepage and you’ll be prompted to take action on Following the body cavity search and a Unfortunately, Ware’s experience was local, state and federal legislation. You can even sign up to receive updates on search of his car, the police released him. The not an isolated incident. Numerous victims ACLU cases and events ACLU of Michigan filed the case on behalf and community members have publically of Ware in federal court in March 2007. complained that Officers Parish and Osman Regularly updated the new ACLU of Michigan website is worthy of bookmarking for In the settlement, the City of Detroit have arbitrarily stopped African American regular visits by anyone interested in civil liberties news in Michigan. Let us know agreed to instruct officers on the proper men and conducted road side strip and what you think. Visit www.aclumich.org today and fill out a short survey about our search procedures by reading them at roll body cavity searches without warrants, new website. call one day a month for three months. In probable cause or any reasonable suspicion. ACLU MEMBERS ARE HOPEFUL PEOPLE he election was, without doubt, a transforming experience for our country and Tthe world. But, most importantly, it signaled the rejection of the status quo and the slamming of the door on this nation’s sad racial past. WE HEARD THE WORD “HOPE” a great deal that our Constitution will once again be We have hope that we can reform our this past year. President Barack Obama treasured — not trampled. legal system here so that every person ñ will probably go down in history for his We have hope that our Bill of Rights rich or poor — who faces loss of their lib- ability to project hope. And Senator will once again be a legacy to be honored erty gets an equal chance for a fair trial. John McCain, in one of the finest conces- — not a loophole to be hollowed out at We have hope that every new immi- sion speeches, was able to signal a new every opportunity. grant to this country gets a chance to day in his call for bipartisanship making We have hope that Gitmo will be share in the American dream without us hopeful that we can realize our dreams closed, the secret wiretaps will be shut, being scapegoated for our country’s together. that torture will be stopped, and that the social and economic problems. The dictionary defines hope as “desire doors of our government will be thrown For two hundred years, America has KARY L. MOSS, ESQ. with expectation.” It can be a noun. It open, so that we, the people, can exercise been a vision of national independence EXECUTIVE DIRECTOR can be a verb, an action. We use this our proper role as supervisors of our and personal freedom and justice. But word so loosely, peppering our sentences elected representatives. whether that continues depends on our Bill of Rights and believe in the feeling with it each day. But, at its most pro- We have hope that we can halt and ability to give up tired strategies and take of hope that attends beginnings — the found, it is the core of our deepest desires reverse the decline of our public schools risks. These last eight years have tested us birth of a child, the first day of school, a and so powerful that it can defeat the and stand up for the principle that every in ways we never dreamed possible. But new job or a first election. We must most formidable of obstacles. child has a right to a quality education. the process of renewal starts now. believe in the energy of hope and the For the ACLU, the word has special We have hope that we can end the And the renewal we seek is not a inherent risks embodied in hope. We meaning for we are a group of hopeful practice of sending children to jail for life partisan triumph of one party or one must believe that hope inspires creative people. We stand up for ideals and in Michigan with no chance of parole. philosophy over another. The first ten and heroic acts. principles that are not easy to measure. Because a young person is the very defi- amendments to our Constitution are not And we can. We, ACLU members, After all, it is our job to defend the nition of “hope,” we believe that every red amendments or blue amendments.
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