PACK THE COURT - 9/10 Bushwick 32!

[nattyreb]

PASS THE WORD -- PLEASE SUPPORT!
========================

Support Black and Latino teachers & activists racially
profiled & prosecuted for attending their students'
"Bushwick 32" court proceedings.
Pack the court as a trial date is picked
Wednesday September 10 at 9:30
120 Schermerhorn St. btw Boerum Pl/Bklyn Bridge Blvd &
Jay St./Smith St.
court updates below; directions & map added at bottom.
background
NYT 2/16/08
= = =
PACK THE COURT - TRIAL DATE for the Brooklyn 4: UPDATE!
MySpace.com - Sankofa Community Empowerment, Inc. - 101 - Male - BROOKLYN, New York - www.myspace.com/sankofaempowerment !

UPDATE: TRIAL FOR THE BROOKLYN 4 -
STAYING IN BROOKLYN!

TRICKY TACTICS BY THE DISTRICT ATTORNEY!
STILL CHARGES LEFT TO FIGHT!
WE STILL NEED COMMUNITY SUPPORT!
DETAILS BELOW...

Much love, appreciation and gratitude to everyone continue
to come out to show support at the court dates. As you know
we continue to rely upon your support to ensure justice for
the Brooklyn 4.

After the last court date, we thought the Brooklyn 4 would
be going to trial with a judge who had shown himself to be
fair, upon arrival we received some interesting news.
Evidently, this judge was informed that the powers-that-be
wanted someone else to try the case - which instantly raises
red flags. Lots and lots of red flags. Since the Brooklyn 4
will never get a fair trial in the Brooklyn criminal court
(especially since they were arrested inside the courtroom),
attorney's Michael Warren, Roger Wareham and David
Rankin requested to have the trial moved to the Bronx
criminal court where they believed the Brooklyn 4 WILL get a
FAIR jury. However...

UPDATES SINCE THE LAST COURT DATE

...The attorneys for the Brooklyn 4 were recently informed
that the case is NOT being moved to the Bronx - or any other
borough. They were also told that the Brooklyn DA is
dropping and/or reducing the charges against all the
defendants and is now charging the Brooklyn 4 with ATTEMPTED
ASSAULT.

By reducing the charges, the DA's office admits they
have a very weak case -but they also did it because now they
can FORCE the Brooklyn 4 to have a bench trial - without a
jury!

Instead of moving the trial to a borough where the Brooklyn
4 will get a fair trial, the DA's office is going to
import a judge from another borough and force the trial to
be held in Brooklyn

On September 10, 2008, Wednesday at 9:30 am,

WE NEED THE COMMUNITY'S SUPPORT as we return to 120
Schermerhorn St. to

1) PICK A TRIAL DATE,
2) PICK A JUDGE,
3)LET THE DISTRICT ATTORNEY KNOW THAT WE SUPPORT, STAND BY
AND DEFEND OUR EDUCATORS AND THOSE WHO WORK ON BEHALF OF OUR
COMMUNITY.

MORE DETAILS ARE BELOW


S.C.A.R.P.

SETTING A TRIAL DATE:

Black and Latino Teachers & Activists Racially Profiled
& Prosecuted For Attending Their Student's Court
Proceedings.

What: PACK THE COURT HOUSE TO PICK A TRIAL DATE
When: WEDNESDAY SEPT 10, 2008 at 9:30 AM
Where: 120 SCHERMERHORN ST., BROOKLYN, NY

PLEASE NOTE!

THERE HAVE BEEN A NUMBER OF UPDATES SINCE THE LAST COURT
DATE. PLEASE READ CAREFULLY!

On November 30, Brian Favors, teacher and director of
Sankofa Community Empowerment and member of MXGM, Jesus
Gonzales, community organizer with Make the Road, NY,
Nkululeko Sechaba, President of the Queens chapter of
InPDUM, and Mario Cox, an honor roll student at Bushwick
Community High School, were all attending court proceedings
in support of the students known as the "Bushwick
32," when they themselves were racially profiled in
open court, assaulted and placed under arrest.[1]

Community supporters had gathered in court once again to
support the Bushwick 32 on November 30, 2007. Shocked at
the terrible representation the students received in court,
during recess, their teacher and long-time supporter, Brian
Favors discretely urged several defense attorneys to
competently represent the students. One of the defense
attorney became angry and she went back into the court room
to inform a Court Security Officer ("CSO") with
whom she has a personal relationship and parents a child,
about the situation. She told him that she did not like the
way Mr. Favors questioned her and that she wanted the
"Black man with dread locks" ejected out of the
court room.

After court resumed session, the CSO, who was angered by
his wife's story, mistakenly identified Mr. Sechaba as
the "Black man with dread locks" in question and
shouted for him to leave the court room b/c he threatened
the attorney. Mr. Favors then informed the CSO that he had
identified the wrong "Black man with dreadlocks"
and that no one had been threatened. Mr. Sechaba requested
the CSO's badge number so he could report the racial
profiling incident. The CSO, angry and embarrased, refused
to provide his badge number, shoved the men into the hallway
and yelled for fellow officers to "cuff" them.
Mr. Favors and Mr. Sechaba were then surrounded and
violently assaulted as the police rushed to place them under
arrest.

Mr. Gonzales and Mr. Cox asked why the supporters were
being treated this way when they had done nothing wrong.
The two were similarly surrounded and pummeled by the CSOs
as they too were arrested. After arraignment, the four were
released on their own recognizance. They originally faced
charges of assaulting an officer, resisting arrest, and
obstruction of governmental administration. However, due to
the AMAZING community support in the court room and the
overwhelming weakness in the district attorney's case,
MOST of the charges have been reduced and/or dropped. The
Brooklyn 4 NOW FACE A SINGLE CHARGE OF ATTEMPTED ASSAULT.
This is both a GOOD thing and a BAD thing.

At the LAST court date, the Brooklyn 4 thought they were
headed to the Bronx for a JURY trial. HOWEVER, when the
district attorney decided to reduce the charges to one
charge, they also REMOVED THE BROOKLYN 4'S RIGHT TO A
JURY TRIAL. The Brooklyn DA's office is now planning to
bring in a NEW judge from another borough and force the
Brooklyn 4 to have a bench trial in Brooklyn.

What: PACK THE COURT TO SET A TRIAL DATE
When: WEDNESDAY, Sept. 10, 2008 AT 9:30 AM
Where: BROOKLYN CRIMINAL COURT, 120 SCHERMERHORN ST.

Councilman Charles Barron stated "First the police
terrorize us and arrest our youth. Then the court officers
terrorize us again and deny our constitutional right to
enter a court room and support our youth at their trial. If
this is not fascism I don't know what is. I support
these brothers 100% and they should be set free." The
community insists that this is only the latest example of
the targeting of people of color by the NYPD and the
criminal justice system. In 2006, 90% of stop and frisks
citywide resulted in no summons issuance or arrest. Several
New York Times Articles detailing the controversy
surrounding the Bushwick 32 case are attached below.

[1] The "Bushwick 32" is a group of students who
were racially profiled and arrested while en route to a
funeral on May 21, 2007. The NYPD mistakenly identified the
students as a gang and held them for 36 hours even though
the students had letters excusing them from school to attend
a popular student's funeral. Despite the widespread
media attention, community support and numerous eye witness
testimonies which contradict the NYPD's account of
events, District Attorney Charles Hynes has only until
recently refused to drop the charges. Several of the
Bushwick 32 have had their cases dropped due to lack of
probable cause, while other cases remain pending.

WHAT: PACK THE COURT TO SET A TRIAL DATE
When: WEDNESDAY, Sept. 10, 2008 at 9:30 AM
Where: BROOKLYN CRIMINAL COURT, 120 SCHERMERHORN ST.

Arrested While Grieving
Op-Ed Columnist
http://select.nytimes.com/2007/05/26...26herbert.html
By BOB HERBERT

No one is paying much attention, but parts of New York City
are like a police state for young men, women and children
who happen to be black or Hispanic. They are routinely
stopped, searched, harassed, intimidated, humiliated and, in
many cases, arrested for no good reason.

Most black elected officials have joined their white
colleagues and the media in turning a blind eye to this
continuing outrage. And many black cops have joined their
white colleagues in the systematic mistreatment.

Last Monday in the Bushwick section of Brooklyn, about
three dozen grieving young people on their way to a wake for
a teenage friend who had been murdered were surrounded by
the police, cursed at, handcuffed and ordered into paddy
wagons. They were taken to the 83rd precinct stationhouse,
where several were thrown into jail.

Leana Matia, an 18-year-old student at John Jay College,
was one of those taken into custody. "We were walking
toward the train station to take the L train when all these
cops just swooped in on us," she said. "They
cursed us out and pushed the guys. And then they handcuffed
us. We kept asking, 'What are you doing?' "

Children as young as 13 were among those swept up by the
cops. Two of them, including 16-year-old Lamel Carter, were
the children of police officers. Some of the youngsters were
carrying notes from school saying that they were allowed to
be absent to attend the wake. There is no evidence that
I've been able to find - other than uncorroborated
statements by the police - that the teenagers were
misbehaving in any way.

Everyone was searched, but nothing unlawful was found - no
weapons, no marijuana or other drugs. Some of the kids were
told at the scene that they were being seized because they
had assembled unlawfully. "I didn't know what
unlawful assembly was," said Kumar Singh, 18, who was
among those arrested.

According to the police, the youngsters at the scene were
on a rampage, yelling and blocking traffic. That does not
seem to be the truth.

I spoke individually to several of the youngsters, to the
principal of Bushwick Community High School (where a number
of the kids are students), to a parent who was at the scene,
and others. Nowhere was there even a hint of the chaos
described by the police. Every account that I was able to
find described a large group of youngsters, very sad and
downcast about the loss of their friend, walking peacefully
toward the station.

Kathleen Williams, whose son and two nieces were rounded
up, was at the scene. She said there was no disturbance at
all, and that when she tried to ask the police why the kids
were being picked up, she was told to be quiet or she would
be arrested, too.

Capt. Scott Henderson of the 83rd Precinct told me that the
police had developed a "plan" to deal with
youngsters going to the wake because they suspected that the
murder was gang-related and there had already been some
retaliation. He said he had personally witnessed the
youngsters in Bushwick behaving badly and gave the order to
arrest them.

Many of the kids were wearing white T-shirts with a picture
of the dead teenager and the letters "R.I.P." on
them. The cops cited the T-shirts as evidence of gang
membership.

Thirty-two of the youngsters were arrested. Most were
charged with unlawful assembly and disorderly conduct.
Several were held in jail overnight.

Police Commissioner Ray Kelly did not exactly give the
arrests a ringing endorsement. He said, in a prepared
statement, "A police captain who witnessed the activity
made a good-faith judgment in ordering the arrests."

A spokesman for the Brooklyn district attorney, Charles
Hynes, said, "It wouldn't be unusual for a lot of
this stuff to get dismissed."

The principal of Bushwick Community High, Tira Randall,
said, "My kids come in here on a daily basis with
stories about harassment by the police. They're not
making these stories up."

New York City cops stopped and, in many cases, searched
individuals more than a half million times last year. Those
stops are not happening on Park Avenue or Fifth Avenue in
Manhattan. Thousands upon thousands of them amount to simple
harassment of young black and Hispanic males and females who
have done absolutely nothing wrong, but feel helpless to
object.

It is long past time for this harassment of ethnic
minorities by the police to cease. Why it has been tolerated
this long, I have no idea.



Mass Arrest of Brooklyn Youths Spotlights Tactics
June 24, 2007
http://www.nytimes.com/2007/06/24/ny...24arrests.html
By TRYMAINE LEE

The police officers hopped from their vans and cars with
shouts of "Hands up," "Don't move,"
and "Get on the ground." Someone in the crowd of
young people yelled, "Nobody run" -- and nobody
did, witnesses said. The teenagers were frisked, forced up
against a fence or a wall, or pushed to the asphalt.

Those watching said the mood was almost subdued as the
handcuffs went on, the loudest sound the whir of a
television news helicopter hovering above. "None of us
understood what was going on," said Dana Hollis, whose
teenage daughter was arrested. "Everything just
happened so fast."

Thirty-two young people, the youngest 13, were arrested the
afternoon of May 21 in Bushwick, Brooklyn. They had been
walking as a group to the subway, which they planned to take
to Coney Island for the wake of Donnell McFarland, 18, who
had been fatally shot a week earlier.

The police, already fearing retaliatory violence, say the
teenagers were exchanging gang signs, wearing T-shirts with
a gang name and bounding atop cars when they were arrested.
Parents and teachers of the group and witnesses said that
they were no more boisterous than any group of teenagers
would be in similar circumstances, and that they did not see
any youths atop cars.

The charges are misdemeanors: unlawful assembly and
disorderly conduct. No drugs or weapons were found, and
there were no injuries to those arrested or to the police.
The officers did not draw their guns. Yet this roundup of
Brooklyn teenagers and young people has gotten widespread
attention.

Interviews with those arrested, their parents, witnesses
who did not know the teenagers, as well as accounts provided
by the Police Department and the Brooklyn district attorney,
provided contradictory versions of events. But they
correspond in one aspect: The arrests were part of a police
operation that unfolded with precision.

Undercover officers circled in unmarked cars; a police
captain monitored the teenagers gathering; and
blue-and-white vans and buses cut off Putnam Avenue in both
directions at a key moment, trapping the teenagers less than
a block into their journey.

"Once the kids hit Irving, the police came from
everywhere," said Lisa Guerrero, 52, who lives nearby
and saw the group gather and head up the block. "I was
like: 'What happened? Why is this happening?' "

Paul J. Browne, the Police Department's chief
spokesman, said, "The police were being responsive to
community leaders who warned that the group was poised for
trouble after a week of murder, shootings and fistfights
between two rival gang factions in Bushwick."

On May 15, Mr. McFarland was shot in the head at Linden
Street and Knickerbocker Avenue by James Kelly, 16, the
police said. Mr. Kelly was soon arrested and charged with
murder and criminal possession of a weapon. Friends of both
said the shooting was the climax in a string of violent
events involving Mr. Kelly, a onetime friend of Mr.
McFarland's turned enemy.

The shot echoed for blocks.

"We were on the basketball court, and we all kind of
froze," said Asher Callender, 19. Someone ran into the
park, crying, using Mr. McFarland's nickname: "They
killed Freshh."

The police say the murdered teenager was the leader of the
Pretty Boy Family, which they describe as a subdivision, or
"set," of the Bloods gang. But those who knew Mr.
McFarland and are familiar with the Pretty Boy Family
described it as a tight group of friends who like to dance
and hang out, not a gang. The police say the Pretty Boy
Family had been at odds with James Kelly's gang, the
Linden Street Bloods, another Bloods subdivision, for some
time. Both sets frequent the Hope Gardens housing project.

Word of Mr. McFarland's death spread from the
neighborhood streets into neighborhood schools.

"I didn't have a single class that whole week
where I didn't have two or three people in my class
crying," said Tabari Bomani, a social studies teacher
and college counselor at Bushwick Community High School,
where many students knew Mr. McFarland. Dozens of them met
with grief counselors, school officials said.

Mr. McFarland's wake was set for the following Monday
at a funeral home in Coney Island. Officials at the Bushwick
high school allowed students to sign out for the day if
parents signed a permission slip.

Mr. Callender said that many students wanted to attend, but
that he was one of the few who knew the way to the funeral
home. So he spread the word: Meet at Putnam Park between
noon and 12:30 the day of the wake, May 21. They would
gather, walk up Putnam, and head for the subway station.

Meanwhile, police were connecting the dots in a yearlong
investigation into the Pretty Boy Family and a recent rash
of gang violence.

The police said a Pretty Boy Family member was shot in the
foot two weeks before Mr. McFarland's death. Later, they
said, there was a confrontation between William Gonzalez,
who had been feuding with Mr. McFarland, and a man they
believed belonged to the Pretty Boy Family.

The same day, Jakai King, whom the police described as a
member of the Linden Street Bloods, was attacked by members
of the Pretty Boy Family, the police said. Two days later,
they said, he was attacked again, this time stripped down to
his underwear and sent running down the street.

It was in this atmosphere of attacks and revenge, Mr.
Browne said, that the police received reports that a gang
would be "mustering at the park" the day of the
wake and that there would be violence. Community leaders
warned the police in the 83rd Precinct in Bushwick and the
60th Precinct in Coney Island that Mr. McFarland's
rivals had said that they would shoot anyone wearing a
T-shirt memorializing him.

Ms. Hollis, 40, her 15-year-old daughter and two of her
nieces joined Donna Seabury and her two daughters, 12 and
16, at the park. Mr. Callender said he went to the school
that morning to retrieve the school permission slip he left
with the assistant principal. He then headed to the park. He
was early, one of the first students to arrive. His friends
slowly trickled in.

The teenagers were to wear similar T-shirts, bearing Mr.
McFarland's picture and words like "R.I.P.
Freshh," to the wake.

Luis Pacheco, 18, said he went to the print shop that
morning to pick up his $14 T-shirt. After meeting a friend,
they went to the park. It was just about 12:30 p.m.

Others recounted similar stories: rushing to school to get
slips, waiting for their parents to walk with them to the
park, meeting friends to travel together.

Zezza Anderson, 18, said teenagers sat in small groups or
off by themselves. "Everyone's sad. We're sad;
we're grieving," Mr. Anderson said. "No one
was being rowdy. Just chilling, waiting for everyone to show
up. We're trying to make sure we don't leave anybody
behind."

Just after 1 p.m. the students walked from the handball
courts to the macadam path that leads to the street.

Capt. Scott Henderson, of the 83rd Precinct, was one of the
officers doing surveillance. In his report, he wrote that
the teenagers greeted one another with gang hand signs, wore
gang bandannas and shirts with a gang name on them, and
gathered near a wall covered with gang slogans. Mr. Browne
said last week that since they believed Mr. McFarland was in
a gang, the police considered "Freshh" a gang
name.

The police said the group then left the park and took over
Putnam Avenue, stopping traffic, frightening pedestrians and
hopping onto parked cars. "It's when he sees that
group grow in size and start walking on cars and forcing
others to go into the street is when he called for the
arrests," Mr. Browne said of the captain.
"It's not like they had a plan where they were
going to go to the park and arrest people."

Some witnesses, including some parents, said the teenagers
were behaving peacefully. The Brooklyn district
attorney's office said witnesses saw unruly behavior,
including walking on cars, but Charles J. Hynes, the
district attorney, would not provide specifics of those
accounts.

Several owners of cars that were parked on the block said
they did not notice any damage to their vehicles afterward.

Hector Polonia, 52, was sweeping the sidewalk in front of
United Cleaners, where he works as manager, on Irving Avenue
near Putnam, when he saw the group crossing Putnam. Then he
saw the police move in. "They weren't making any
noise or anything," Mr. Polonia said. "They were
acting like a normal bunch of teenagers."

Ms. Guerrero was sitting in Putnam Park. "They
didn't get on any cars," she said of the teenagers.

Those under 16 were quickly released. The six female
mourners in the group were given summonses for disorderly
conduct. The remaining young men were run through the
system, charged with disorderly conduct and unlawful
assembly. Most remained in jail overnight, some as long as
36 hours.

"They seemed more interested in asking us questions
about the murder than telling us why we were arrested,"
Mr. Callender said. "They just kept asking us stuff
like, 'Who has the guns?' and 'Who is going to
strike next?' But they were giving me information about
people that I didn't even know. They knew more than we
did."

Several of the teenagers said they were interrogated about
the Pretty Boy Family. Some said the police pulled out a big
black binder labeled "P.B.F." with photos of
people from the neighborhood.

"At first I thought they were going to question us,
then let us go," said Mr. Pacheco. "But then I
could see the sun going down from my cell. I got upset. And
people were crying. Some people were throwing up."

The last members of the group were released on May 23. The
next day, a news conference was held at the headquarters of
Make the Road by Walking, a community rights organization in
Bushwick.

More than 50 students, including many of those who were
arrested, demanded an apology from the Police Department.

The district attorney has offered to give those arrested
community service assignments in return for guilty pleas. So
far, none have accepted.

Al Baker, Michael Brick and Daryl Khan contributed
reporting.

No Charges for Most of the 32 Arrested on Way to Wake January 29, 2008
By ANDY NEWMAN
The New York Times
Correction Appended

When the police were criticized last spring for arresting
32 young people in Bushwick, Brooklyn, who were on their way
to a wake for a friend who had been killed, they said the
youths had been threatening public safety - blocking
traffic, climbing on cars, wearing T-shirts and flashing
signs in homage to their friend's status as a gang
leader.

Now, however, prosecutors and the police are pressing
charges against fewer than a third of them.

A prosecutor, Deanna M. Rodriguez, said on Monday that
charges were dropped in 10 of the cases because the police
officers who were the prosecution's only witnesses were
not able to link the defendants to unlawful assembly, a
misdemeanor charge.

"There was no witness who can say, 'I observed
Person X, who was in the group, engaging in stopping traffic
and other conduct which was tumultuous,' " said Ms.
Rodriguez, the chief of the gang bureau in the Brooklyn
district attorney's office. "They could not apply
any specific act as to 10 of those defendants."

The charges against those 10 youths were dropped during
pretrial preparations this month, Ms. Rodriguez said.

Six other youths were issued summonses that were dismissed
in August, said a lawyer who represented them. And six
juveniles were immediately released after being arrested.

The 10 other people arrested still face trials, Ms.
Rodriguez said.

After the arrests on May 21, many residents and parents of
the mourners who had witnessed the procession said it had
not been unruly. They said the police had unfairly rounded
up the youths because they were mostly black or Hispanic.

Speaking of the dropped charges, Ronald L. Kuby, a civil
rights lawyer, said, "It would have been better if it
had been done months ago." Mr. Kuby, whose client,
Zezza Anderson, had his case dismissed on Jan. 11, added,
"Unfortunately, District Attorney Hynes vilified these
young men and women in public, publicly repeated false
allegations against them, and then quietly slunk away from
the case." He was referring to Charles J. Hynes, the
Brooklyn district attorney.

"If the police receive information that a funeral
procession is going to be attacked, you don't arrest the
mourners," Mr. Kuby said, adding, " They would
never treat white youth on the Upper East Side in such a
fashion."

The youths were arrested after a large group gathered in
Putnam Park in Bushwick to walk together to the subway to
attend a wake in Coney Island for Donnell McFarland, 18, who
had been shot the week before. The police described Mr.
McFarland as the leader of the Pretty Boy Family, a
subdivision of the Bloods gang, and said they had been
warned by community leaders that Mr. McFarland's rivals
had threatened to shoot anyone wearing a T-shirt
memorializing him.

Less than a block into their journey, the group was
surrounded by officers in cars and on foot. The police said
that the group had taken over Putnam Avenue, stopping
traffic, blocking the sidewalk and hopping onto parked cars.
Many witnesses, including some who did not know the
teenagers, contradicted the police's account.

Ms. Rodriguez said that while many members of the group
undoubtedly committed unlawful assembly - defined as joining
with a group "for the purpose of engaging or preparing
to engage with them in tumultuous and violent conduct likely
to cause public alarm" - sorting out who did what
proved challenging. She said that because the situation
unfolded so quickly, no police video was made.

"You may believe there was probable cause to arrest
somebody," she said, "but when you look at the
evidence you have, you may not have enough evidence to prove
guilt beyond a reasonable doubt."

Oona Chatterjee, the co-executive director of Make the Road
New York, a community rights group in Bushwick, said the
dismissals showed that the authorities, including Police
Commissioner Raymond W. Kelly, had rushed to judgment.

"It's astounding to me that the Brooklyn D.A. and
Ray Kelly would come out publicly and condemn these kids and
assume that they had a case when they obviously
didn't," she said. "I think that young people
in our city merit more respect than that."

Correction: February 4, 2008

An article in some editions on Tuesday about the dropping
of charges against some of the 32 young people arrested on
their way to a wake in Brooklyn misstated the number who
were formally charged. Twenty-six of the youths were
charged, not all 32 (six were juveniles; their arrests were
reviewed, but they were released). The headline and article
also misstated the total number of charges dropped so far.
The dismissal of charges against 10 of the defendants this
month raises the total to 16, not 22.

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= = = = [ Directions added for
Brooklyn Criminal Court 120 Schermerhorn St. btw. Boerum
Pl./Adams St. & Jay St./Smith St.: A, C, G to
Hoyt-Schermerhorn; F to Jay St.-Borough Hall; #2, 3 to Hoyt
St.; R, M to Lawrence St.-MetroTech; #4, 5 to Borough Hall,
cross hwy & turn right; 2, 3 to Borough Hall, walk south
past Remsen keeping the park on your left & after 4
blocks turn left onto Schermerhorn; Q to Dekalb & long
walk. Find so many buses at mta.info; NYC suggests BIKING
Bergen, Smith, Clinton DeKalb, 5th Ave.;