POWERFUL ADVOCACY: Public defender in Alameda County CA has filed a motion to kick off not just the individual DA prosecuting the man he represents, *but the entire DA's office.* Cites "troubling & extensive pattern of misconduct." This should be done more.eastbaytimes.com/2021/03/18/pub…
“The motion, filed this week by assistant public defender Richard Foxall, says that District Attorney Nancy O’Malley “ignores misconduct in the ranks and in fact covers up that misconduct and, frankly rewards it.”
Chief defender @BrendonWoodsPD: “We don’t know how pervasive misconduct is, we don’t see everything a prosecutor does. But we do know about 20 lawyers employed by their office now that committed misconduct in trials. And six of them did it more than once.”
The current case: “Shawn Martin, an East Bay man whose murder conviction was overturned last year when an appeals court found the prosecutor, Butch Ford, “incorrectly urged jurors to focus on the victim’s state of mind,” not Martin’s, during his closing argument.”
This is egregious: the DA’s office—never one to speak out when it benefits them or hurts a person they’re prosecuting—now ingenuously cites “a guideline that dissuades attorneys from publicly commenting on pending cases.”

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More from @ScottHech

18 Mar
READ: "While I was not kidnapped by white men in hoods, 70 years later, I was caged because of their law." Courageous oped by Terrence. A man caged nearly 13 years. By the KKK. His judge then is now Oregon Attorney General. She could end this racist stain. usatoday.com/story/opinion/…
"Every juror’s voice is supposed to matter — the right to a “jury trial” means a unanimous verdict, but up until 2020, not in Oregon. And all because white supremacists wanted to stop minorities & marginalized groups from having a voice on juries. So they could convict anyone."
"While we usually think of the Ku Klux Klan in terms of lynchings, bombings, and intimidation, we often overlook the influence that the KKK had in government, especially in Oregon. The KKK took advantage of a rise in racial, xenophobic, & anti-Semetic hatred."
Read 16 tweets
15 Mar
🚨RIGHT NOW: NY is on cusp of finally legalizing marijuana. But there's a hold up. Gov. Cuomo is *insisting* cops still get to claim an "odor" to justify racist searches. Public defenders know that the "odor of marijuana" drives broken windows policing. No!nytimes.com/2019/09/12/nyr…
NY Judge in 2019: "The time has come to reject the canard of marijuana emanating from nearly every vehicle subject to a traffic stop. So ubiquitous has the claim become that it should be subject to a heightened level of scrutiny if it is to supply the grounds for a search.”
"One woman who served on a grand jury in Brooklyn recalled hearing officers in 2 separate cases claim to have 'detected a strong odor of marijuana' and use it as justification for a stop or a search. 'They said it very formulaically.'"
Read 11 tweets
15 Mar
🚨RIGHT NOW: NY is on cusp of finally legalizing marijuana. But there's a hold up. Cuomo is *insisting* cops still be able to lie about smelling an "odor" to justify racist stops & searches. Public defenders know that the "odor of marijuana" drives broken windows policing. No!
NY Judge in 2019: "The time has come to reject the canard of marijuana emanating from nearly every vehicle subject to a traffic stop. So ubiquitous is the claim, it should be subject to a heightened level of scrutiny to supply the grounds for a search.” nytimes.com/2019/09/12/nyr…
"One woman who served on a grand jury in Brooklyn recalled hearing officers in 2 separate cases claim to have 'detected a strong odor of marijuana' and use it as justification for a stop or a search. 'They said it very formulaically.'"
Read 9 tweets
13 Mar
My son suddenly got this fear of having his nails clipped. So now the “toe-nail fairy” exists y’all.
To be clear: There is NO SAVING OF TOENAILS. Or putting them under a pillow. Or anything like that. The deal was: He let’s me clip, he gets a gift.
Basically most of my parenting strategy involves different fairies.
Read 5 tweets
11 Mar
Meet Terrence Hayes. Father. Community leader. Caged 12 years bc of a *law passed by the KKK* in Oregon. The Supreme Court struck the law down. But Oregon's AG still blocking retrials. And get this: she was his trial judge. “I watched my kids grow up from behind bars.” Thread:
The jury that convicted Terrence didn't all agree. 2 jurors thought he was innocent. “A jury of my peers is supposed to come from different backgrounds, different understandings. Those 2 jurors who clearly saw a different story—their voices were silenced.”portlandmercury.com/blogtown/2021/…
Up to 2020, Oregon was the only state that allowed non-unanimous juries. "The practice was approved by Oregon voters in 1934 following an explicitly xenophobic campaign, & a similar rule in Louisiana was enacted in the Jim Crow era to make it easier to convict Black defendants."
Read 11 tweets
10 Mar
THREAD: Perhaps the only positive development for Justice to come from COVID is virtual public access to the courts. Access is a public right & a public good. With access comes accountability. Now courts are trying to shut down virtual court watching. More:campaigns.organizefor.org/petitions/keep…
Back near the beginning of the pandemic, I met Qiana Johnson & Carmen Johnson. Two formerly incarcerated leaders of a local organization in Prince George's County, MD helping women coming out get back in to society. Started a courtwatch program. Carmen was the lone court watcher.
Carmen was in court. Took meticulous notes. Sent accountability letters. Churn of the system still continued. Then COVID struck. Fought to remain in the courts & were able to secure virtual access. They kept holding actors accountable. It was a lot of cases though for 1 person.
Read 11 tweets

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