Monthly Archives: December 2007

DA’NIYAH MARIE JACKSON

Pittsburgh Police have charged Clinton Smith, 30, with aggravated assault, reckless endangerment, rape and involuntary deviate sexual intercourse with a child.

HEARING POSTPONED FOR MAN ACCUSED OF CHILD SEXUAL ASSAULT

PITTSBURGH (KDKA).

November 30, 2007.

A preliminary hearing set today for the man accused in the assault of a 10-month-old child has been postponed.

Clinton Smith, 30, of Troy Hill, is accused in the physical and sexual assault of his girlfriend’s young daughter earlier this month.

His preliminary hearing has now been moved to December 19th.

Smith is facing several charges including rape, aggravated assault, involuntary deviant sexual intercourse, reckless endangerment and child endangerment.

Police say Smith told them he and his 2-year-old son were the only ones home with the child the entire day while the girl’s mother was at work, but he could not explain how she got hurt.

 

(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)

http://kdka.com/local/Clinton.Smith.hearing.2.599392.html

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A TIMELINE IN THE SHORT LIFE OF LITTLE DA’NIYAH JACKSON

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BABY GIRL FIGHTS FOR LIFE AFTER SEXUAL ASSAULT

PITTSBURGH (KDKA) ―

November 16, 2007

A local man is facing some very serious charges today as a young child fights for her life after police say the man assaulted her in their home on Thursday.

Authorities say it all started around 10pm Thursday when paramedics were called to Herman Street in Troy Hill for a report of an unresponsive child.

When the medics arrived, investigators report that they found a 10-month old girl in cardiac arrest and when they noticed signs of abuse police were also called to the home.

According to police, the child was both physically and sexually assaulted.

Police say they have arrested 30-year-old Clinton Smith, the live-in boyfriend of the child’s mother.

He is being charged with aggravated assault, involuntary deviate sexual intercourse, reckless endangerment and child endangerment.

“They live at the address together,” said Lt. Kevin Kraus, of the Pittsburgh Police Department. “From what we understand, she [the child’s mother] left for work sometime in the morning and returned at approximately 9:30, a quarter till 10. She came in, checked on the baby, found her to be unresponsive and immediately called 911.”

The baby is now being treated at Children’s Hospital, where she is reportedly in extremely critical condition.

Officials say she is suffering from head trauma and possible brain damage.

http://kdka.com/local/assault.Clinton.Smith.2.569414.html

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ASSAULTED 10-MONTH-OLD CHILD FIGHTS FOR HER LIFE

November 16, 2007

TROY HILL (KDKA) ―

A 10-month-old girl from Troy Hill is fighting for her life after her mother’s live-in boyfriend allegedly attacked her.

Pittsburgh Police have charged Clinton Smith, 30, with aggravated assault, reckless endangerment, rape and involuntary deviate sexual intercourse with a child.

Investigators say the baby was beaten and sexually assaulted.

KDKA

Daniyah Jackson

Police are expected to charge Clinton Smith, 30, with

Thursday night, the baby’s mother returned home from work to find her child unresponsive and immediately called 911. According to a police affidavit, the little girl hadn’t been breathing for about a half an hour when she arrived at the hospital.

Aside from the trauma of the sexual assault, the baby had bruises on her face, arms, legs and chest.

Police say Smith told them he and his two-year-old son were the only ones home with the baby the entire day and has no idea how the baby became injured.

Authorities checked Smith’s son and found no evidence of trauma. Meantime, the baby is listed in critical condition at Children’s Hospital.

(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)

http://kdka.com/local/assault.Clinton.Smith.2.569414.html

 

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YOUNG VICTIM OF ASSAULT DIES AT HOSPITAL

November 17, 2007

PITTSBURGH (KDKA) ―

Officials say the young girl who was the victim of a brutal assault in her Troy Hill home earlier this week has died.

According to officials, the 10-month-old girl died just after 3:30pm today at Children’s Hospital.

Investigators say that the girl was the victim of both physical and sexual assault.

Police have arrested Clinton Smith, 30, who is the live-in boyfriend of the child’s mother.

He is facing several serious charges including aggravated assault, involuntary deviate sexual intercourse, reckless endangerment and child endangerment.

Police say the child was first discovered unresponsive by her mother on Thursday night.

When the medics arrived at the scene, investigators report that they found the child in cardiac arrest and when they noticed signs of abuse police were also called to the home.

An autopsy is scheduled for Sunday.

http://kdka.com/local/child.assault.victim.2.570471.html

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Da'Niyah Marie Jackson
Da’Niyah Marie Jackson

 

The child's mother found the baby unresponsive in their home on Herman Street in the Troy Hill section of the city.
The child’s mother found the baby unresponsive in their home on Herman Street in the Troy Hill section of the city.

KDKA

 

Clinton Smith
Clinton Smith

KDKA

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HOMICIDE CHARGES FILED IN 10-MONTH-OLD’S DEATH

November 19, 2007

PITTSBURGH (KDKA) ―

A 10-month-old child beaten and sexually abused on Friday passed away over the weekend. 

Now, the man accused of assaulting Da’Niyah Jackson is facing homicide charges.

Clinton Smith, 30, has already been charged with rape, aggravated assault, involuntary deviant sexual intercourse, reckless endangerment and child endangerment.

Police say that Smith was watching the child while her mother, Latoya Jackson, was working.

Smith told investigators that he and his 2-year-old son were the only ones with the Da’Niyah at the time of the incident but he could not explain how she got hurt. 

Police say the child was so badly beaten they didn’t know if she would make it through the weekend.

Da’Niyah died Saturday afternoon from abdominal injuries and blunt force trauma to the abdomen.

Meanwhile, Smith remains in the Allegheny County Jail without bond.

KDKA’s Alison Morris reports that this is not Smith’s first run-in with the law.

He was arrested for simple assault in September and had two protection from abuse orders filed against him in 2002 and 2006. 

(© MMVII, CBS Broadcasting Inc. All Rights Reserved

http://kdka.com/local/homicide.Smith.Jackson.2.570914.html

RELATED LINKS:

http://www.pittsburghlive.com/x/pittsburghtrib/news/mostread/s_538803.html

http://www.post-gazette.com/pg/07324/835312-53.stm 

http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_543719.html

 

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SIGN LITTLE DA’NIYAH MARIE’S GUESTBOOK HERE:

http://www.legacy.com/PostGazette/GB/GuestbookView.aspx?PersonId=98335972

(NOTE:  DA’NIYAH’S GUESTBOOK WILL REMAIN ONLINE UNTIL NOVEMBER 20, 2008)

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PASADENA BURGLAR WAS SHOT IN BACK BY JOE HORN

PASADENA BURGLAR WAS SHOT IN BACK; OFFICER WITNESSED SHOOTING

0:944PM, December 7, 2007

By Rucks Russell / 11 News

Joe Horn, far right, says he shot Miguel Dejesus and Diego Ortiz in self defense after he saw them burglarizing a neighbor’s home.

An autopsy report of the burglars shot by a Pasadena homeowner shows that one of the men was shot in the back sources tell 11 News.

A Pasadena law enforcement official told 11 News that late yesterday; detectives finally got their hands on the preliminary autopsy results. Pasadena police sources also confirmed that a plainclothes officer arrived on the scene just seconds before Joe Horn opened fire, killing the two burglars.

That officer witnessed the shooting Pasadena police confirmed to 11 News.

It was a little more than three weeks ago, when shots rang out on Timberline Drive in Pasadena. Homeowner Joe Horn told a Pasadena 911 dispatcher two men were breaking into the house next door.

You could hear Horn over the phone firing the shots that struck and killed Miguel Dejesus and Diego Ortiz. Both burglars were illegal aliens from Columbia and believed to be a part an organized crime home burglary ring.

On the day of the shooting, police said, they thought one of the men was shot in the chest and the other in the lower left side.

Now, based on the preliminary autopsy, they believe that what they thought were entrance wounds, were actually exit wounds instead.

That report indicates that one of the men was clearly shot in the back.

Horn’s attorney said the new information doesn’t change his stance that Horn was acted in self defense.

“The facts remain the same in this case as they were on November 14th. Joe Horn shot in defense of his life in his own yard,” attorney Tom Lambright said in a written statement. “We anxiously await the final autopsy report.”

Pasadena police are turning over the evidence to the Harris County District Attorney to present to a grand jury.

Since the shootings, Horn has received an outpouring of support from his neighbors and outsiders who advocate the use of deadly force to protect property.

But his actions have also been condemned by community activists Quanell X and his followers, who have staged a pair of marches in front of Horn’s home.

Last weekend the planned protest ran into Horn supporters on motorcycles in a clash that has homeowners in the neighborhood seeking to prevent more protests from being held in the subdivision.

LINKS:

http://www.liveleak.com/view?i=f3d_1195171937

http://www.liveleak.com/view?i=4dc_1195205938

http://www.khou.com/topstories/stories/khou071207_tj_joehorn.7961bd41.html

http://www.liveleak.com/view?i=1cc_1196418746

http://www.liveleak.com/view?i=abc_1192235644

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DECEMBER 7, 1941

 

    Attack on Pearl Harbor Japanese planes view.jpg
    Photo #: NH 50930 Pearl Harbor Attack, 7 December 1941 Photograph taken from a Japanese plane during the torpedo attack on ships moored on both sides of Ford Island. View looks about east, with the supply depot, submarine base.Carrier shokaku.jpg
    Japanese naval aircraft prepare to take off from an aircraft carrier (Shokaku distinguisable from the white band on the fuselage just ahead of the tail) to attack Pearl Harbor during the morning of 7 December 1941. Plane in the foreground is a Mitsubishi A6M Zero. USS California sinking-Pearl Harbor.jpg
    USS California sinking.

    USS SHAW exploding Pearl Harbor Nara 80-G-16871 2.jpg

    A navy photographer snapped this photograph of the Japanese attack on Pearl Harbor in Hawaii on December 7, 1941, just as the USS Shaw eplodes.

    USS West Virginia;014824.jpg
    The USS West Virginia.

    Uss arizona.jpg

    USS Arizona, March 1931

      USSArizona PearlHarbor.jpg
       USS Arizona sunk at in Pearl Harbor. The ship is resting level on the bottom. The supporting structure for the gun director tripod mast has collapsed and so the mast has tilted.

      LINK OF FDR’S “DAY OF INFAMY SPEECH” AND THE DECLARATION OF WAR AGAINST JAPAN SPEECH:

      http://www.fdrlibrary.marist.edu/audio.html

    DN-SD-06-09336.jpg
    An aerial view of the USS Arizona Memorial with a US Navy (USN) Tour Boat, USS Arizona Memorial Detachment, moored at the pier as visitor disembark to visit and pay their respects to the Sailors and Marines who lost their lives during the attack on Pearl Harbor on December 7, 1941.

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ALEXIS GOGGINS, A LITTLE HEROINE

Selietha Parker and her daughter Alexis Goggins. (Family photo)

Wednesday, December 5, 2007
Girl, 7, shot 6 times saving mom
Norman Sinclair, Santiago Esparza and Jennifer Mrozowski / The Detroit News
DETROIT — A 7-year-old-girl is being hailed as an “angel from heaven” and a hero for jumping in front of an enraged gunman, who pumped six bullets into the child as she used her body as a shield to save her mother’s life.

Alexis Goggins, a first-grader at Campbell Elementary School, is in stable condition at Children’s Hospital in Detroit recovering from gunshot wounds to the eye, left temple, chin, cheek, chest and right arm.

“She is an angel from heaven,” said Aisha Ford, a family friend for 15 years who also was caught up in the evening of terror.

The girl’s mother, Selietha Parker, 30, was shot in the left side of her head and her bicep by a former boyfriend, who police said was trying to kill Parker. The gunman was disarmed by police and arrested at the scene of the shooting, a Detroit gas station. Police identified him as Calvin Tillie, 29, a four-time convicted felon whom Parker had dated for six months.

Parker, who was treated and released at Detroit Receiving Hospital, is now at her daughter’s bedside. She declined to comment Tuesday.

The drama began to unfold just before midnight Saturday, when Parker called Ford and asked if she and Alexis could spend the night at Ford’s home.

“She said she had no heat and they were very cold, and I said , sure I’ll come and get you,” Ford said.

Ford said she drove her burgundy 1998 Ford Expedition to Parker’s home on Dwyer. She said as Parker and Alexis walked up to her vehicle she saw a man on the porch, who she assumed was a furnace repairman. She said Alexis, who walks with a limp, slipped momentarily on the icy sidewalk and as she helped the girl up, she saw the man and recognized him as Tillie. He was holding a gun.

Tillie ordered them into the vehicle, cursed at the women and angrily told Ford to drive him to Six Mile Road, she said.

“He looked like he was enraged and didn’t care what he did. I knew if we went to Six Mile, he would kill us,” Ford said. Instead, she told him she needed gas and drove to the Fast Stop Gas station in the 5000 block of East Seven Mile Road, a station that requires customers to pay the attendant inside.

“I figured if he got out to pump the gas, I was going to take off,” Ford said.

Instead, Tillie gave her $10 and told her put in $5 worth of gas.

Ford said she dialed 911 on her cell phone as she walked into the station.“The first operator clicked off and I dialed again and told that operator a guy with a gun was holding me hostage with a mother and baby and threatening to kill us. I told her the name of the gas station and then she said they didn’t have a unit to send.”Ford said she paid for $5 of gas and slowly returned to the vehicle, stalling for time as she handed Tillie the change. She said she kept stopping and starting the pump, hoping the police would show up.“I told him I needed more gas and took money out of my purse and went back into the station,” she said. The attendant, Mohammad Alghazali, 30, said he noticed Ford was crying and she told him what was happening. He called 911 as he heard shots coming from the vehicle.“It was very scary. She (Ford) was scared and screaming when the guy was shooting. I was scared, too. I was on the phone talking to the police when he started shooting,” he saidParker told police that Tillie said Ford was taking too longShe said she pleaded with him but he pointed the gun at her and shot her in the side of the head. She told police she was shot in the arm as she lunged at Tillie.Before Tillie could fire again, Alexis jumped over the seat between her mother and the gunman and begged him not to shoot her mother.The police report said Tillie “without hesitation” pumped six shots into the child.As police arrived, they saw Parker, covered in blood, running from the truck, screaming, “He just shot my baby.”The officers said Tillie came out to the vehicle holding a blue steel 9 mm semi automatic and dropped the weapon when ordered to do so. Officers said they found Alexis huddled on the floor under the steering wheel, covered in blood, surrounded by spent cartridge casings, a spent bullet on the floor and teeth on the seat. There were bullet holes in the windshield and blood inside.Alghazali said a police car on a street nearby arrived in less than a minute after his call.Marvin Bodley, a Detroit Public Schools attendance agent, spent two days at Alexis’ hospital bedside and said it’s miraculous that she’s alive.“What a courageous, courageous little girl,” he said. “You see more bandages than child,” he said. “It’s a horrific sight.”

Bodley said Alexis receives special education services at school, in part because of a weak left eye, which is the result of a massive stroke she suffered as an infant.

Ford said doctors at the time had predicted that when Alexis got older she would have trouble with tasks such as writing, but she is now able to write her name.

“She is a good little girl who is very protective of her mother,” said Tonya Colbert, Parker’s cousin.

Tillie is being held in the Wayne County Jail facing kidnapping, assault with intent to murder, child abuse, felony firearms and habitual criminal charges.

A preliminary examination is scheduled for Dec. 13.

Follow up—————————————————————————

Thursday, December 6, 2007
Fund set up for 7-year-old ‘hero’
Community wants to help girl who suffered 6 gunshot wounds while protecting her mom.
Norman Sinclair / The Detroit News
DETROIT — The outpouring of offers of help and support from around the country for 7-year-old Alexis Goggins, who was shot six times protecting her mother, has overwhelmed the family, a relative said Wednesday.

“It is just amazing how the community has embraced us as a family and how much love they have shown for Alexis,” said a cousin, Tonya Tolbert. “We are just very thankful.”

On Wednesday, a benefit fund through Comerica Bank for Alexis and her family was set up by the child’s school, Campbell Elementary in Detroit.
“We have had calls offering help from as far away as Texas and Washington, D.C.,” said Marvin Bodley, a Detroit Public Schools’ attendance agent, who visited Alexis each day in the hospital. “We have had quite a few people who were themselves carjacked crying on the phone because they can relate to what they went through. We’ve had a couple of local businesses who called to help.”

Alexis, her mother Selietha Parker, 30, and family friend Aisha Ford, 29, were forced at gunpoint into Ford’s SUV around midnight on Saturday. Ford had driven to Parker’s home on Dwyer on the city east side to pick up her friend and daughter after the furnace in Parker’s house failed.

Police said Calvin Tillie, 29, Parker’s former boyfriend, then forced his way into the vehicle and ordered Ford to drive him to an address on Six Mile. Ford told him she did not have enough gas and drove to a gas station to try to get help. While pumping gas, she called 9-1-1. The attendant at the gas station on Seven Mile also called police as shots rang out in the vehicle parked at the gas pump.

Police said Tillie shot Parker twice and fired six shots into Alexis when she jumped from the back seat to shield her mother from Tillie.

Tillie was arrested by Detroit officers as he got out of the vehicle with a 9 mm semiautomatic pistol in his hand. He is in the Wayne County Jail facing numerous charges of kidnapping, assault with intent to murder, child abuse and habitual criminal penalties as a four-time felon. Tillie will have a preliminary examination in 36th District Court on Dec. 17.

Alexis remains in stable but critical condition at Children’s Hospital in Detroit with wounds to her eye, temple, chin, cheek, chest and right arm. Parker, who was shot in the head and arm, was treated and released.

“Alexis is responding to treatment and appears to be fighting well for her life,” Bodley said.

She is still slipping in and out of consciousness, he said.

While she was being bathed on Wednesday, Alexis pushed away the nurse’s hand, which onlookers considered to be a good sign, Bodley said.

“We’re not out of the woods yet,” he said. “But we’re very hopeful she’s going to survive this incident.”

She faces surgery to her eye on Friday. Bodley said all indications are that Alexis will lose the eye.

Checks should be made out to the Alexis Goggins Hero Fund and sent to Campbell Elementary School in care of the Alexis Goggins Hero Fund, 2301 E Alexandrine St, Detroit, 48207. For information, call (313) 494-2052.

You can reach Jennifer Mrozowski at (313) 222-2269 or jmrozowski@detnews.com

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HERO GIRL EMERGES FROM SURGERY

Wednesday, 05 December 2007 7:04PM

Southfield (WWJ)  — 7 year old Alexis Goggins emerged from successful surgery on Friday.   The first-grader at Campbell Elementary School in Detroit had surgeries on her right arm, eye and jaw.  Doctors on Friday inserted pins in Alexis’ right arm, removed her right eye and wired her jaw shut.  Police say Alexis Goggins was shot six times Sunday when she shielded her mother from an enraged ex-boyfriend. The ex-boyfriend is in police custody awaiting a preliminary exam next week.
 
A heroes fund has been set up for Alexis.  Donations to the Alexis Goggins Hero Fund can be made to:Alexis Goggins Hero Fund
c/o Campbell Elementary School
2301 E. Alexandrine
Detroit MI 48207Her mother was shot twice.  She was treated and released.  
© MMVII WWJ Radio, All Rights Reservedhttp://www.wwj.com/Hero-Girl-Emerges-From-Surgery/1290797

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UPDATED LINKS:

http://www.clickondetroit.com/news/14793673/detail.html

http://www.detnews.com/apps/pbcs.dll/article?AID=/20071208/METRO/712080368/1409 http://www.freep.com/apps/pbcs.dll/article?AID=/20071213/NEWS01/71213047/0/ENT01

Little Alexis is a heroine because she put her little body and life on the line.

Alexis Goggins deserves to be heralded and championed in the so-called “mainstream” news media. If the media can see fit to trip-stumble-and-fall all over itself with the dissecting of a madman killer’s hateful rampage, surely it can do the same for a little girl who truly is her “Sister’s” (and Mother’s) Keeper.

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UPDATES  ~  2/27/2008:

Thursday, February 21, 2008
HERO, 7, WORKS ON RECOVERY
GIRL SUFFERED SIX GUNSHOT WOUNDS TO SAVE HER MOM

Delores Flynn / The Detroit News

DETROIT — Nearly three months ago Alexis Goggins filled her days playing with dolls and having tea parties when she wasn’t in school. Now the 7-year-old is learning to cope with physical and occupational therapy sessions each week as she works to recover from multiple gunshot wounds after trying to defend her mother.

“Our life has been flipped upside down. But remarkably Alexis still has the same great spirit,” her mother Seliethia Parker, 32, said Wednesday. “She’s my angel.”

On Dec. 2, Parker was held at gunpoint by former boyfriend Calvin Tillie shortly after midnight at a gas station on Seven Mile. When Tillie began shooting, Alexis threw herself between the gunman and her mother. The first-grader, who was shot six times, lost her right eye and has undergone multiple surgeries, was hailed as a hero.

Occupational therapist Theresa Lochbiler, at left and below, helps Alexis Goggins with a balance exercise in a session last week at Children’s Hospital in Detroit. (Carlos Osorio / Associated Press)

Alexis and her mother, Seliethia Parker, have to go to Children’s Hospital twice a week for rehab.

Occupational therapist Theresa Lochbiler, at left and below, helps Alexis Goggins with a balance exercise in a session last week at Children’s Hospital in Detroit.

Alexis Goggins has fun streching her back in rehabilitation. (Carlos Osorio / Associated Press)

She was released from Michigan’s Children’s Hospital Feb. 6.

“I’m happy to be out of the hospital,” a soft-spoken Alexis told The Detroit News Wednesday. “I like getting to play with my cousins.”

When she’s not watching Disney shows like “That’s So Raven” or “Hannah Montana” with her cousins or eagerly helping around the house, Alexis has back-to-back doctor’s appointments, Parker said.

Alexis, who is learning disabled, is familiar with therapy. She has had epileptic seizures and a stroke but it’s nothing like her current schedule, her mother said.

The Campbell Elementary student has occupational therapy and physical therapy each twice a week and eye doctor’s appointments.

Doctors are helping Alexis, who walks with a limp, regain strength on the right side of her body, learn how to dress herself and develop better hand-eye coordination.

Alexis has been fitted for a prosthetic eye her mother hopes she’ll receive at the end of the month.

“The sessions are going really well. I’m so proud of her,” Parker said. “But I do worry about the future and hope she doesn’t have any complications.”

A trust fund has been set up to help with medical bills and continued care. The outpouring of support and prayers from the community has been tremendous, added a thankful Parker.

The family’s ordeal began when their furnace went out at their home on the city’s east side. Parker called her friend Aisha Ford to pick them up. As Parker and Alexis were getting into Ford’s SUV, Tillie appeared and forced them into the vehicle, police said.

Tillie, 29, ordered Ford to drive him to an address on Six Mile but she drove to a gas station on Seven Mile saying she needed to fill up. Ford called 911 while inside the station paying for gas.

Police said Tillie shot Parker twice. Alexis jumped from the back seat shielding her mother saying, “Don’t shoot my mommy” while Tillie fired six more rounds hitting the first-grader in the left temple, chin, cheek, right eye and right arm.

Seliethia says Alexis hasn’t talked about the shooting.

“She knows a little bit about what happened but she won’t talk about it right now. When I try to bring it up she starts to cry or will shut down and ask ‘Ma, can I watch TV?’ or ‘can I go to sleep?'” Parker said.

“It’s not something I want to push. I’m just happy to have my baby with me.”

As for Tillie, Parker said “I’ll be happy to see the day come when he is brought to justice.”

Tillie has been charged with assault with a dangerous weapon, three counts of taking a hostage, two counts with assault with intent to murder, child abuse first degree, possession of a firearm by a felon and felony firearm. He is set to undergo an examination for mental competency in 36th District Court on March 5, before a preliminary exam is set.

http://detnews.com/apps/pbcs.dll/article?AID=/20080221/METRO/802210375/1409/METRO

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STATE ATTORNEY GENERAL WANTS TO TAKE OVER MEGAN WILLIAMS TORTURE CASE

MCGRAW WANTS TO TAKE OVER WILLIAMS CASE

LOGAN PROSECUTOR NOT WILLING TO CEDE JURISDICTION TO STATE

 The Charleston Gazette,  December 2, 2007.

by Joe Morris, Staff Writer

The state attorney general wants to take over prosecution of the Megan Williams rape and torture case in Logan County, against the wishes of the county prosecutor now in charge of it.

“We are ready, able and willing to do this, if the people who make the decisions are so inclined,” said Attorney General Darrell McGraw on Saturday. “We recognize that this would require an appointment by the judge in Logan County. … We don’t have jurisdiction to prosecute the case except under the judge’s order.”

Logan County prosecutor Brian Abraham said he is not willing to cede the case, and he doubts that McGraw’s office even would be able legally to assume control.

“I don’t think he has any criminal jurisdiction to prosecute state statutes,” he said. “I do not want him to prosecute it. I don’t need it; I’m perfectly capable of prosecuting it.”

Williams is the 20-year-old black woman who, according to police, was kidnapped, tortured and raped by six white people in September in a Big Creek mobile home. The case has drawn West Virginia notoriety nationally for the brutality of Williams’ alleged treatment, and it spawned a protest and march drawing hundreds to Charleston last month against Abraham’s decision to forgo filing hate-crime charges.

McGraw said he didn’t doubt Abraham’s abilities. Rather, he said, prosecuting the case from the Capitol might help insulate lawyers from the controversy it has kicked up in Logan County.

“Mr. Abraham is a competent and capable prosecutor. … I would not presume to co-opt the prosecutor,” McGraw said. “If this case is problematic, even inflammatory, particularly at the local level, we would be willing [to take over] if it would remove the case from the local concern. … It’s not good for people to operate under the pressure of being put in a corner.”

McGraw might be offering to take the case because he misinterpreted a request that Abraham made in September for a legal opinion on hate-crime law, Abraham said.

“I didn’t ask them to do my job,” Abraham said.

What he asked for, Abraham said, was an answer to a specific legal question: whether West Virginia’s hate-crime statute could be interpreted any more broadly than the federal hate-crime statute.

“The whole could be interpreted any more broadly than the federal hate-crime statute.ssue [in the request for a legal opinion] is whether West Virginia’s constitution is more protective,” he said. “I wanted to know if it can apply to criminal violations, not to pass off my obligations onto them.”

McGraw’s office refused to provide the legal opinion, saying it lacked the resources to do such work for county prosecutors.

“We have a statutory obligation to provide opinions to certain state officials,” McGraw said on Saturday. “Beyond that, the Attorney General’s Office as a matter of policy does not do opinions in such cases.”

State courts are bound to give tremendous weight to the attorney general’s opinions on unsettled legal matters, Abraham said. So he would be “a little more hesitant” to file hate-crime charges without a written opinion on the matter from McGraw.

On the other hand, an opinion from McGraw asserting a broader application for the state statute wouldn’t necessarily prompt Abraham to add hate-crime charges, Abraham said.

McGraw said if his office were to take on the Williams case, it might look for funding to pay for the extra work — possibly by billing Logan County or by asking the Legislature for money.

“This is an expensive case to be prosecuting,” he said. “It involves a lot of people.”

The office has relevant experience in part through its work representing the state Human Rights Commission on civil rights cases, he said.

As for filing hate-crime charges, McGraw said he doesn’t have enough information yet to decide.

“One can never say how a case ought to be prosecuted without a thorough investigation, and I do not have the benefit of that,” he said. “It’s not possible to say whether it should be prosecuted as a hate crime.”

A judge has not yet been appointed to oversee the Williams case, Abraham said. Either Eric H. O’Briant or Roger Perry, the circuit court’s two judges, will get the case. It will be up to the chief judge to decide. Currently, Perry is chief, but that title passes to O’Briant in January.

To contact staff writer Joe Morris, use e-mail or call 348-5179.

http://wvgazette.com/section/News/2007120137

http://www.igothebeat.com/2007/12/megan-williams.html

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HATE CRIME LAWS:

http://www.legis.state.wv.us/WVCODE/61/WVC%2061%20%20-%20%206%20%20-%20%2021%20%20.htm#HD0

http://www.usdoj.gov/crt/crim/245.htm

http://www.hatecrimesbill.org/

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KNOWLEDGE OF HISTORY IS A WEAPON

I read Howard Zinn’s book, “A People’s History of the United States” many years ago.

I am happy to let everyone know of a  link to a free online copy of this wonderful enlightening book of the little known facts of America’s true history on the early beginnings of this country and its sin of slavery, miscegenation, race hatred of black Americans, theft of Native Americans entire continent in the name of “Manifest Destiny”, Asian Exclusion Act, and the wages of whiteness and how today’s ethnic Italians, Poles, and Jews eventually became “white” at the expense of black America.

Some of the chapters include:

1.  Columbus, the Indians and Human Progress

2.  Drawing the Color Line

7.  As Long as the Grass Grows And the Water Runs

8.  We Take Nothing By Conquest, Thank God

9.  Slavery Without Submission, Emancipation Without Freedom

To name just a few engaging reads.

America has yet to live up to her promise of a “land of the free, home of the brave”  for all of her citizens. She has yet to completely live up to the original intent of the Declaration of Indepence, where “all men (and women) are created equal”. But, there is still hope for this country, hope that it can, and will embrace and celebrate the differences of its many racial and ethnic groups, while at the same time realizing the commonality that we all have with each other, as individuals, as a nation.

Please check out this great book via the following link:

http://historyisaweapon.com/zinnapeopleshistory.html

You will be glad you did.

Enjoy!

Us declaration independence.jpg

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STUDENT APPALLED BY ‘CHITLING TEST’

05:58 PM CST on Tuesday, December 4, 2007

By Wendell Edwards / 11 News

Wendell Edwards’ 11 News report

As a high school senior, Kayla Thomas is used to being tested.

But she says an exam that was recently given in her AP Psychology class at Klein Collins High went too far.

“I read through the test. I couldn’t believe it was ever given out,” Thomas said.

The exam is called the Chitling Test.

It’s full of multiple choice questions like this one:

Q: If a pimp is uptight with a woman who gets state aid, what does he mean when he talks about Mother’s Day?

A: The first and 15th of every month.

“I couldn’t believe it. I couldn’t answer it. I didn’t know the answers. Didn’t think I should have to know the answers,” Thomas said.

Thomas went home and told her mom, who couldn’t believe it herself.

“One of the questions said ‘down home South, picking cotton’ and she was talking about a pimp … and I said ‘what?’” Kay Thomas said.

She says the test has no business in a school.

“It’s unacceptable. It’s totally unacceptable. They need to apologize to Kayla. They need to apologize to the class,” Thomas said.

A spokeswoman from Klein ISD declined to comment on camera.

Even though it’s approved by the state, when and how it is used is up to the teacher.

Over the phone, she told 11 News the test is an approved part of the state curriculum for the AP Psych class.

The district later released the following statement regarding the test:

“Advanced Placement Psychology is a course designed to study behavior, personality and what elicits emotions through the context of various experiences or materials. The curriculum materials for the advanced course include an intelligence test written in 1968. Taking the test was a learning activity to help students see how cultural basis will influence emotions, feelings and outcomes. A comprehensive explanation on how this test illustrates bias was cut short by the teacher’s absence due to a death in the family. Both the teacher and the principal have been empathetic to the student and parent concerns. The teacher and the principal agree that a high degree of sensitivity is necessary in using such materials.”

LINKS:

http://www.khou.com/news/local/stories/khou071204_tnt_chitlingtest.6990a7c4.html

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A WORLD OF CONFLICT

This documentary from veteran war correspondent Kevin Sites’s “In the Hot Zone” is complete and is being shown exclusively in its entirety online.

The first episode started September 24, 2007, and continues through December 3, 2007. It covers a wide range of countries plagued by strife and internecine internal warfare. The countries covered are Somalia, Congo, Uganda, Iraq, Lebanon, Israel, Iran and Chechnya.

This series is free and is worth viewing to get a perspective on these countries and how life is for the citizens living in dangerous times where life is precarious and may be lost in any minute from rape, murder, and civil war bloodshed.

The documentary is included with Sites’ new book, “In the Hot Zone: One Man. One Year. Twenty Wars.” (The Harper Perennial paperback original is available for presale now at Amazon.com.)

The documentary contains searing, never-before-seen images of combat and its lingering impact on civil society, beginning with the anarchy of Somalia in September 2005 and culminating with the explosive war between Israel and Hezbollah in summer 2006.

Along the way we meet both the perpetrators and the victims of conflicts; armies and insurgents; child soldiers and child brides; tales of heartless degradation and inspiring resilience.

The documentary puts a human face on the ravages of war, and begs us as fellow citiznes of the world to cease the continued looking away from the atrocities visited upon our fellow human beings.

Here is the link for the beginning of the series:

http://hotzone.yahoo.com/b/hotzone/blogs46085

Please, go check it out.

Learn what people are facing in these countries and how they have to struggle with the misery and sorrow of war that engulfs them.

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BANNING SAGGIN’ DRAGGIN’ PANTS MAY BE UNLAWFUL

December 3, 2007

Yahoo News Alert

AP – Call her old-fashioned, but Mary Gray doesn’t want too much access to other people’s underwear.

Besides, the 67-year-old alderwoman said, “I’m tired of looking at people’s behinds. It just doesn’t look nice.”

Pine Lawn, a mostly black municipality outside St. Louis, is among a growing number of U.S. cities enacting laws that ban low-slung pants.

Critics say the bans amount to government attacks on youthful Fashion that some find offensive. And constitutional scholars say they may not be lawful.

“People have a right to express their identity through speech and action,” said Neil Richards, a First Amendment expert at Washington University in St. Louis. “On the other hand, municipalities have a vague power to control the health, safety and welfare of citizens.

“The question is what is motivating these laws? … What is so threatening about it?”

Richards said the ordinances seem to single out a form of dress popular with young black men and hip-hop culture.

Saggy pants Fashion is believed to have started in prisons, where inmates are issued ill-fitting jumpsuits but no belts to prevent hangings and beatings. The look was popularized in gangster rap videos.

Benjamin Chavis, the former executive director of the NAACP who now heads the Hip-Hop Summit Action Network, said in August his coalition would challenge the ordinances in court. He did not return several phone calls last week seeking an update.

Pine Lawn Mayor Sylvester Caldwell has said he began seriously contemplating the ban last summer, when developers discussed how the impoverished town could improve its image and boost its redevelopment potential.

He said developers specifically mentioned the propensity of Pine Lawn’s youths to let their pants ride low.

“I look at the future of a person and their ability to get a decent job,” 72-year-old alderman James Brooks said. “It’s going to be pretty difficult if you’re not wearing your belt.”

Violators whose low-slung pants or low-rise jeans expose underwear or skin face up to a $100 fine, and their parents could be fined up to $500 fine or serve 90 days in jail.

A number of U.S. communities have passed or considered similar ordinances.

Officials in Stratford, Conn., rejected a ban on claims it would be unconstitutional and unfairly target minorities.

Two years ago, the Virginia Senate defeated a saggy pants ban passed by the House, but not before it became an international embarrassment, said David Hudson Jr., a legal scholar at the Nashville-based First Amendment Center.

He finds it bizarre that cities spend so much time regulating clothing.

“I’m not sure what it really serves,” Hudson said. “They should solve some real problems.”

Besides possibly violating the First Amendment, Hudson says saggy pants bans raise serious concerns under the 14th Amendment’s due process clause guaranteeing life, liberty and property interests.

“This is an arbitrary regulation that infringes on individual liberty,” he said. “Applying this outside of a public school environment is simply beyond the realm of proper government regulation.”

Robert Harris, a gang expert and consultant who worked for 20 years in federal prisons, said gang members often use saggy pants to conceal weapons and drugs.

“That’s a concern, but I don’t know how effective an ordinance would be,” he said. “It’s also a pretty big Fashion thing among kids. There are thousands of teens who wear them who are not involved in criminal activity.”

Source

http://news.yahoo.com/s/ap/20071203/ap_on_re_us/saggy_pants_bans

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‘TEDDY BEAR’ TEACHER ALLOWED TO LEAVE SUDAN

Sudanese  President Omar al-Bashir, right, shakes hands with  Baroness Sayeeda Warsi, a Muslim representative from Britain's House of Lords, as Lord Nazir Ahmed, center, looks on before their meeting in Khartoum, Sudan, Monday, Dec. 3, 2007. Bashir agreed to pardon a British teacher jailed here after she allowed her students to name a teddy bear Muhammad.  (AP Photo/Abd Raouf)

AP Photo: Sudanese President Omar al-Bashir, right, shakes hands with Baroness Sayeeda Warsi, a Muslim…

 

Sudanese President Omar el-Bashir talks during a press conference in Khartoum, Sudan, Monday Dec. 3, 2007, after he agreed to pardon a British teacher jailed here after she allowed her students to name a teddy bear Muhammad. The teacher, Gillian Gibbons, said she did not intend to offend anyone and had great respect for Islam. Officials with al-Bashir's office said she would be released later Monday.  (AP Photo/Abd Raouf)

AP Photo: Sudanese President Omar el-Bashir talks during a press conference in Khartoum, Sudan, Monday Dec. 3,…

December 3, 2007

Yahoo News Alert

KHARTOUM, Sudan – A British teacher jailed for insulting Islam after she allowed her students to name a teddy bear Muhammad flew home Monday after Sudan’s president pardoned her, a British embassy spokesman said.

Gillian Gibbons‘ conviction under Sudan’s Islamic Sharia law shocked Britons and many Muslims worldwide. Hard-line Muslim clerics in Sudan accused her of intentionally seeking to insult Islam’s Prophet Muhammad, and the case angered some Sudanese, sparking a protest where demonstrators called for her execution.

Her release came after two British Muslim politicians from the House of Lords met with Sudanese President Omar al-Bashir early Monday to plead for her freedom.

Gibbons also sent a written statement to al-Bashir that she did not intend to offend anyone and had great respect for Islam.

Hours after al-Bashir’s pardon, Gibbons left the country on a flight home. “I can confirm she has left Sudan,” spokesman Omar Daair told The Associated Press. She was believed to be on an Emirates flight with a stopover in Dubai before heading to London early Tuesday.

Gibbons, 54, was sentenced Thursday to 15 days in prison and deportation for insulting Islam because she allowed her students to name a teddy bear Muhammad — a common name among Muslim men — in a class project on animals. The trial was sparked when a school secretary complained to the Education Ministry that Gibbons aimed to insult the Prophet Muhammad. Her time in jail since her arrest Nov. 25 counted toward the sentence.

Lord Nazir Ahmed, who met with al-Bashir earlier Monday along with Baroness Sayeeda Warsi, said the case was an “unfortunate misunderstanding” and stressed that Britain respected Islam.

He hoped “the relations between our two countries will not be damaged by this incident,” Ahmed told reporters at the presidential palace after Monday’s meeting.

Ghazi Saladdin, a senior presidential adviser, said al-Bashir insisted that Gibbons had a “fair trial,” but he agreed to pardon her because of the efforts by the British Muslim delegation.

“We are very relieved and happy that she has been pardoned,” said Robert Boulos, director of Khartoum’s Unity High School, where Gibbons worked.

In the written statement released by Sudanese presidential palace and read by Warsi to reporters, 54-year-old Gibbons said she was sorry if she caused any “distress.”

“I have a great respect for the Islamic religion and would not knowingly offend anyone,” Gibbons, who was sentenced Thursday, said in the statement.

“I am looking forward to seeing my family and friends, but I am very sorry that I will be unable to return to Sudan,” the statement read.

The teacher escaped harsher punishment that could have included up to 40 lashes, six months in prison and a fine. Her time in jail since her arrest last Sunday counted toward the sentence.

During her trial, the weeping teacher said she had intended no harm. Her students, overwhelmingly Muslim, chose the name for the bear. Muslim scholars generally agree that intent is a key factor in determining if someone has violated Islamic rules against insulting the prophet.

The conviction shocked many Britons, but the case was caught up in the ideology that al-Bashir’s Islamic regime has long instilled in Sudan, a mix of anti-colonialism, religious fundamentalism and a sense that the West is besieging Islam.

In Britain, Prime Minister Gordon Brown said he was delighted by news.

“Common sense has prevailed,” Brown said in a statement released by his office.

The case also sparked criticism from many Muslims in the West who said she should have never been arrested. On Monday, Inayat Bunglawala, a spokesman for the Muslim Council of Britain, welcomed the pardon.

“It will be wonderful to see her back in the U.K. I am sure she will be welcomed by both Muslims and non-Muslims after her quite terrible ordeal at the hands of the Sudanese authorities,” Bunglawala said.

A small group of about 40 protesters gathered briefly Monday in front of the British embassy in Khartoum and handed over a petition, spokesman Daair said, without describing the petition. But several cars of riot police arrived and dispersed the crowd.

On Friday during a rally in Khartoum, thousands of protesters, many armed with clubs and swords and beating drums, burned pictures of her and demanded her execution.

After the rally, there were fears for Gibbons’ safety and she was moved from the Omdurman women’s prison to a secret location, her lawyer has said.

There was no overt sign that the government organized the protest, but such a rally could not have taken place without at least official assent.

Sudan’s ambassador in London, Khalid al-Mubarak, insisted Monday that the demonstrations “were an argument from the fringe.”

_______________________________________________________________________________________

LINKS:

http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=5298656&ch=4226714&src=news

http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=5290203&ch=4226714&src=news

http://news.yahoo.com/photos/ss/events/wl/112907sudanteddybear;_ylt=AkjQvbM8lD0vnHcKN0gbskMUewgF

http://www.cnn.com/2007/WORLD/africa/12/03/sudan.teacher/index.html?eref=yahoo

http://news.yahoo.com/s/ap/20071203/ap_on_re_mi_ea/sudan_british_teacher

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