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Short Stories Of Injustice

1. Innocent man convicted of murder in Pennsylvania
2. Racial discrimination alive and well in Florida
3. Postal inspector goes berserk - attacks employee for advising person of right to counsel
4. One boy takes the blame for all, as adults get kids drunk, encourage kids to commit revenge for them
5. Judge rules consent cannot be raised as a defense to rape
6. Self-defense not allowed for blacks in Dubois City

Innocent man convicted of murder in Pennsylvania

Although conviction was reversed, judge RAISED the bond

Timothy McEnany was convicted of a murder he did not commit. His trial took place in Dauphin County Pennsylvania in the court of Common Pleas in October of 1993. The judge was Clarence Morrison.

Although the forensic expert testified that the debris under the victims nails did NOT match Tim or anything else at the crime scene he was still convicted. All the evidence was purely circumstantial. Judge Morrison let an expert witness testify even though it was brought out during the trial that he lied about his credentials.

Morrison allowed sequestered witnesses to be coached by the state police right outside the court room as the trial was in progress.

Tim's conviction has since been over turned by the superior court of Pennsylvania. However, the same trial judge, who was cited by the supreme court for errors at trial, held Tim's bail hearing.

Even though his original bail was set at $150,000.00, Judge Morrison set his new bail at $500,000.00, which is in effect no bail at all. If anyone has any ideas on how we can raise $35,000.00 to get him released on bail so that he can now aid in his own defense for the second trial, we would be most grateful.

All the money we had went to pay for his attorney fees in the first trial. he has been incarcerated for over three years for something he didn't do. Will someone out there help us?

You can write:

Janet McEnany (mother)
270 Luxemburg Road
Elizabethville, PA 17023
(717) 362-5698

Or send e-mail to macfam@epix.net


Racial discrimination alive and well in Florida

Woman terrorized for allowing black child to live in home

City backs the racists, and she cannot get court hearing on her claims

In early 1995 we were making some changes to the fence at our house. We were informed that we would need to apply for a variance with the City of Pompano Beach, FL in order to retain the fence. I spoke with my surrounding neighbors and none that I spoke with had any problems with the fence. At least not until my Black Godchild came to live with me at the age of 10 days old. The infant's mother died when she was only 8 days old.

I applied for the variance and certain neighbors got together and began circulating a petition in opposition of the fence and right in the petition they called us "Sanford and Son". In addition to this this these neighbors told terrible lies about us, such as "since we owned property in undesirable, you know the Black neighborhoods, we were getting these children from there and we were selling the kids on the Black Market and needed the fence to hide the illegal activities".

When I was made aware of the racial issue, I went to the city officials and informed them that the petition that was on its way was racially motivated. The city was put on notice at least five different times of the racial motivation and yet they still accepted the racially motivated petition and denied the variance, based at least in part on the petition. I asked the city and the board not to give any weight to a racially motivated petition but this request was ignored. I was told that the city would accept the petition and consider the opposition but that racism was not germane to the issue and that would not be considered. I tried to tell the city that the petition and racism were were one and the same and that the two could not be separated.

Some of the voting board members have admitted under oath that they did give consideration and some weight to opposition to the variance in making their decision. But they stated that they did not consider the Black child in their denial. The way the case law reads is if the city allows racial animus to utilize and use city powers to vent their racism then the city accepts the racism as their own and becomes a party to the conspiracy.

From that day on, the neighbors told me that I should take my Nigger and leave the neighborhood, since they had the city behind them I was going to lose. The neighbors have left notes for me to "get rid of Nigger baby or else", maced my dogs, punctured the tires on my car, came to my house with a loaded shotgun and paraded around out front wearing a White Robe or a White Sheet. I have been followed on at least four times and been told "bang bang boom boom you Bitch you're dead".

I was forced to file legal action in Federal District Court against the city and the neighbors. I Motioned the Court for an Injunction against the neighbors back in December 1995 and this Motion was never heard. On May 22, 1996 the Judge granted Summary Judgment to the City of Pompano Beach, dismissing them from the lawsuit and additionally ordered the other defendants to file a Motion To Dismiss after my amended complaint was filed. Since this order was issued the neighbors have gotten very bad again. I cannot go out the door without hearing racial slurs or being subjected to various obscene jestures.

It appears that the judge simply does not want to hear this case. The judge basically made himself the trier of fact instead of allowing a jury to do so. I have spoken with some top law professors and attorneys and have been told that this case certainly had issues of fact that should have been determined by a jury. So now I have to appeal this decision but can not do that until the case against the other defendants has been either tried and or dismissed.

Meanwhile the city still tries to force me to tear the fence down and I need it now more than ever to protect my family and property. Not to mention the fact that the city is still fining me $14.41 per Hour and placed a lien on my home that now exceeds $100,000.00.

Sharon A.
Torley560@AOL.COM
954-786-0013


Postal Inspector Goes Berserk - Attacks Employee

Husky man violently attacks 95 pound woman for advising employee to speak to attorney

I am a postal worker. I was serving as a union steward during an investigation by two postal inspectors into an alleged assault or threat between two employees. At one point, the investigation turned to criminal charges. The employee, although not charged with anything, was in custody. I told him that I was not qualified to represent him in a criminal investigation, and recommended that he not make any more statements or sign anything else until after he talked to an attorney. The 250 pound postal inspector did not like that, so he ordered me to leave. I refused, because I was representing the employee in his job related investigation. The postal inspector picked me up (I weigh 95 pounds), carried me down the hall, shoved me out the door, and said, "If you come back, it will be a violation of federal law!" He then proceeded to coerce the employee into signing a consent to search form, unlawfully searched his car, and unlawfully seized a gun. The employee was never charged with a crime; there is no evidence to exclude.

In obvious retaliation for engaging in protected union activities and free speech, I was given a 14 day suspension for the pretextual reason of letting a postal employee, who had an appointment to meet with postal inspectors, into the postal facility. We have decided to sue.

Melanie Bennett
MsMelAPWU@aol.com


One boy takes the blame for all

Adults get kids drunk, encourage kids to commit revenge for them

Family ties help adult parties avoid a scandal, punishment

When my nephew was 18 years old he was out deer hunting with a group of men and boys. The local game warden came on the scene and took one of the men to jail for illegal hunting and wrote another a ticket. These men were giving letting the boys drink beer with them all day, and began telling the boys " we oughta just burn that SOB's new house down" (because the game warden was in the process of building a new house).

One of the men slipped the boys money to buy gas and told them where to find the gas cans, another man told them he had a sprayer they could use.

So my nephew got in the truck with one of his friends, (both boys intoxicated), went around our small town telling teenage boys they were going to burn the game warden's house. They picked up another boy to help them. When they got to the empty house that was just at the "dry in" stage, one boy stayed in the truck, the one they picked up poured the gas and struck the match, my nephew ran.

When the boys were arrested the DA cut a deal with two of them, my nephew didn't want to "rat" on his friends, so he kept silent, but the other two boys blamed all of it on my nephew. They said it was all his idea, because the men involved had told them that if they brought their name into it they would kill them!

One of the men involved was married to the Sheriff's secretary. When the Texas Ranger's investigated, it was the Sheriff's nephew who was the Ranger who did the investigation. Anyway, the other (2) boys got probation, and 60 days in boot camp. My nephew got 12 years in prison! Now is that an injustice? I certainly think so. I think he took the rap for something that someone else should have been punished for, and believe me there are a whole lot of people in our little town who feel the same way.

e-mail: matilda@jas.net


Judge rules consent cannot be raised as a defense to rape

Juror badgers others into voting to convict

Man gets life in prison but attorney fails to file timely appeal

Prince Charming is in Ely State Prison Nevada. Trisha Ervin, daughter of a law enforcement agent testified she asked before and after sexual intercourse if her husband had put Darrin Sanford up to it. adding do not tell him. she later accused darrin of rape . She stated she did not try to stop him and did not make any noise because she did not want to wake her two year old. Lyon County, Nevada, Judge Huff did not allow consent to be used as a defence. the d. a. lied repeatedly even to the judge. A juror making comments during the trial was not dismissed as requested. he became foreman. 10 jurors changed their not guilty verdicts. Two questioned said they were verbaly abused by the foreman of the jury. His attorney did not file for a new trial on time. his public defender has not filed the first draft of his appeal and dosen't think he has a chance. He was told by the prison board not to let anyone know why he is in prison they will kill him. He can not get information from the law library without telling. he is in with murderers serving life without. There is someone getting killed often. Darrin Sanford is a handsome white male from Oregon, with a nine year old son. He is not a criminal and does not deserve to lose his life. There must be a way to save him.

Submitted by Janellsco@aol.com.

[By the way, in Coleman v. Thompson, 501 US 722 (1991), the US Supreme Court ruled that if an attorney misses a filing deadline, it is legal to preclude the client from ever having the justness or legality of his conviction reviewed by any state or federal court, even if it means the client will be executed. In other words, death or life imprisonment is the punishment for picking the wrong lawyer or, as in many cases, having the wrong lawyer appointed to you. Pursuant to this ruling, Roger Coleman, a man whom many people thought was innocent and the victim of an unfair trial, was put to death by the state of Virginia without ever having had an appellate court review the denial of his Virginia habeas corpus petition challenging the fairness and legality of his conviction. The lawyer who actually missed the filing deadline apparently has not been punished.

As the Supreme Court ruled in Coleman v. Thompson:

Applying the Carrier rule as stated, this case is at an end. There is no constitutional right to an attorney in state post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551 (1987); Murray v. Giarratano, 492 U.S. 1 (1989) (applying the rule to capital cases). Consequently, a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings. See Wainwright v. Torna, 455 U.S. 586 (1982) (where there is no constitutional right to counsel, there can be no deprivation of effective assistance). Coleman contends that it was his attorney's error that led to the late filing of his state habeas appeal. This error cannot be constitutionally ineffective, therefore Coleman must "bear the risk of attorney error that results in a procedural default."]


Black man attacked, then prosecuted

Self-Defense not allowed for blacks in DuBois City

My name is Willie L Brown. I am 50 years of age, retired military with a 40% disability. This is a summary of the statement thatI gave the DuBois City Police.

On Saturday, May 30,1998, I entered Julio's Tavern alone. There were a number of patrons in the bar. I ordered a drink and went to play a game. I recognized a woman I had worked with at Gateway. As I was talking to her I was confronted by a hostile white young male in his twenties who advised me that she was his girlfriend. I did not want any trouble so I advised him that there was no problem and turned my back to him and started to leave.

At this time I was grabbed around the neck from behind. I pulled the white male around to the front of me. He then punched me in the mouth. Almost instantly I was jumped on by three or more white patrons and knocked to the floor. I was being kicked and punched all over my body. Every time I tried to get up I was put down again. From the start of this incident through the continued beatings they were saying things like "kick that niggers ass" and "get that nigger" I feared for my life.

I waited for someone to call the police or to help. I suffer from panic disorder and I thought I was going to die. While on the floor, I reached down and opened a curved pocket knife I used for work and began waving it around thinking that it would make them back up. Slowly one after another backed up and ran out the bar. I did not realize at the time that I had cut any of them. After they left the bar I got up to go and saw them outside. I then slipped out to go to my car and the police arrived.

I was eventually transported to DRMC where I was kept overnight for my injuries and observation. My glasses were broke. I had injuries to my mouth, ear, chest,stomach, back and arm. When I was taken to jail I found out that none of the white males had been arrested or charged. They were not even going to charge them until I had my attorney push it. I missed a lot of work and was being treated by a chiropractor and on pain medication for several weeks. My attorney told me to plea bargain because I would not get a fair trial because of my race and after that I should leave town for my own safety.




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