Story Archives

by Michael Manning

To read more about Micheal's case; check out the article Fighting to Stay Alive on Illin-N-Chillin.

Dear Mr. Moore,

I don’t know how to begin to thank you for all your support and aid in my case. I just want to say may God bless you, and thank you so very, very much. Words could never express how very grateful and thankful I am to you. Your gifts could never repay you. You are appreciated my brother. I read the article, Fighting to Stay Alive and it touched my heart and I cried. I felt your concern and genuine care about this ongoing and growing injustice upon disabled people.

As you know I’m serving time on an unjust sentence for defending myself against an unprovoked attack by two armed men. You asked me in your letter to describe my feelings. To be quite honest I don’t even know where to begin. I have so many feelings. One is of devastation at being the victim of a violent attack, only to turn around and be tried as the perpetrator of a crime I did not commit. At times I’m angry because my life, dreams, family and freedom were taken away from me for trying to defend myself by fighting to stay alive. Other times I am perplexed at how all the evidence in my case points to my innocence, by showing self-defense. For example, the county’s own forensic scientist, Dr. Isadore Mahalikis, confirmed that the wounds I sustained in the attack were defensive wounds and that I was the victim. Furthermore the deceased had no defensive wounds on him. My clothing was ripped and torn from the struggle, proving that I was the victim, not the aggressor.

This forensic pathologist testifies 95 percent of the time on the county’s behalf, so he was not a freelance pathologist, nor was he hired by my defense attorney. The district attorney acquired him. When he rendered his opinion and facts in my favor he was dismissed as not being credible by the prosecution. At that time the county’s own coroner described the point of entry and direction in which the knife punctured the aggressor and it totally bolstered my version of how the stabbing occurred. My attorney demonstrated how the version I testified to was consistent with the coroner’s description, also pointed out that the prosecution’s theory was inconsistent. Then there is the testimony of a retired detective who testified that the second aggressor was two feet behind me with a baseball bat.

There are so many inconsistencies in the prosecution’s theory and it just amazes me that I was convicted. But, as I looked up to the jurors that sentenced me I notice that none were my peers; no one there was of my race or age group. An alternate juror was overheard making a remark stating, “Mr. Manning is lucky I’m not on the panel. I would have gave him 1st Degree murder just cause he is a ‘Nigger.’”

It’s a living nightmare how racism still plagues us. I had to sit on trial and defend not only my life, but my disability, as I was humiliated by the district attorney as he accused me of lying about my disability and being lazy, not a contribution to society. I was asked by my attorney to demonstrate how I walk without the aid of my cane. After I had done so, the district attorney remarked, and I quote, “I can pretend not to walk also,” persuading the jury to believe I was not disabled and able to walk.

The judge made a comment saying, and I quote again, “I think I know how this works. My wife is a physical therapist, if someone says you're in a pain you’re gonna believe it.” I was facing two prosecutors, one just wore a robe.

The prosecution’s witness testified that I was not the aggressor and that in fact Harry Bureley was, which by Pennsylvania law justifies my situation as self- defense. Plus the fact my fingerprints were not on the weapon, but the prints that were on it were never identified.

I’m just horrified at the gross injustice I’m suffering as well as the injustices others just like me are suffering. There is no justice in this system if you’re Black, poor or disabled. I can’t believe the numbers of disabled citizens in these prisons. I have heard so many horrific stories of injustice. It all comes down to economics; the state gets paid double for a disabled inmate versus a normal healthy functioning inmate. The rising number of disabled inmates is alarming. Something has to be done, people have to be informed of this inhuman treatment. This is why I’m so glad you published this informative, shocking and eye-opening article. We need more people on the outside to be informed and outraged at what’s happening to their follow citizens.

With respect to the recent tragic events in New York and Washington where my family and friends were killed, I pray this spirit of unity will open the public’s eyes to the injustice America inflicts on its own citizens. When America is attacked, it’s called justice when they seek retaliation or revenge on those suspected of attacking us. However, when I’m hacked or another citizen is, and we seek to protect ourselves in the best of battle and not by a revengeful retaliation some time later, I’m labeled a murderer and convicted of a crime I did not commit. It’s very painful to see how this country and system fail us where we are supposed to be protected.

It is really hard to stay focused when you’re wrongfully incarcerated. People can never imagine the pain, torment, frustration and stress you have, especially when your loved ones, family and friends have to come and see you in this type of environment. And then for them to have to leave without you really tears my heart apart. This particular institution I’m in seems to try to break your family bonds with all their restrictions on visits and phone use, not to mention the outrageous charges from the phone company. I’m blessed and praise God that I’m really close to home so my calls are not very expensive and visiting is not as much of a hardship as many of my friends face.

The more I’m here the more I see that this place is not about correction or rehabilitation, it’s purely economics and punishment. The programs here are pathetic and taught by people with no experience or solid education in any areas.

Most of the people here are very racist, not against one color or race, but in favor of their own religions and disability. I have had several peremptory remarks inflicted on me due to my disability. For example, I have been called a “handicap a–hole” and a “three-legged cripple” because I walk with a cane. There is an investigation on this particular institution for its racist practice of not paroling Blacks and Muslims. It’s truly a living nightmare. People who are wheelchair users as well as us who use canes and walkers are forced to walk about 3/4 of a mile for our meals. In the winter we’ve to battle snow and ice, hard rains and frigid tempatures just to be feed the slop they offer us.

I dream about the day I’m released and back with my family and friends. When I get out I want to join organizations such as Disability Advocates of Minorities Organization to help fight for disabled men. There are too many disabled men in these prisons wrongly and unjustly. There are not many Black disabled men here due to the location but there are a lot in the system who need to supported and heard from, so I would like to help as best I can.

My advice to anyone who is disabled and caught up in this system is to put faith in Christ and fight. Try to keep focused, though it’s very hard. You’ve got to keep praying and never cease and think positively and know you will come out of this. Most of all do not get caught up in the negativity these types of environments breed. Stay true to yourself and keep God first and everything else will fall into place. It’s a test of faith and a very hard one at that. When you can’t go on anymore and want to give up just let go and give it to God.

by A. Faye Hicks, Tiny and The Coalition on Homelessness

"I couldn't even get a bed last night" Miss. A. Faye Hicks, the elegant recipient of the Po Poet Laureate title at POOR was standing in the middle of PNN's newsroom explaining the mayhem of the previous night, "they (shelter staff) were turning the men away as they came in, it was something terrible - telling them they couldn't get in if they weren't on GA (Welfare) and even if they were on GA they had to go all the way across town to another place to get fingerprinted and registered..and even though it was for the men only all us women got caught up in it."

Miss A. Faye was referring to the most recent attack from the Prop N front; On Friday, May 2nd,
69 clients of Multi-Service Center South were notified that their beds would no longer be available to them after Monday, May 5th.

The beds are being removed from the 7 – 9 day lottery system to begin accommodating CAAP recipients who will be given first priority in the shelter system as a result of Care Not Cash (Proposition N, which passed in November).

Clients were asked to leave by Monday, where they then must go to a drop-in
center to be registered and fingerprinted. If individuals refuse either to
have their picture taken or to have their fingerprints scanned by a computer
at the shelter, they are refused access to the shelter. However, they are
not guaranteed beds.

According to Ivette Blair, MSC-South’s Program Director, the 68 beds would
be used to accommodate CAAP recipients.

City officials have confirmed this information, but are not providing
anything in writing. Since this policy has been rushed into affect, there
is much confusion among homeless provider staff, and clients are receiving
contradictory information.

These changes were implemented on a Friday, which made it impossible
to obtain any response from city officials until Monday, the day of implementation, when it was too
late. Advocates like The Coalition on Homelessness and POOR Magazine are asking DHS to stop these changes, at least until proper preparation can take place.

Inwardly, I scream in frustration at this whole situation after spending at least 30 minutes on a phone call with "the information officer" (that was his title) of one of the largest non-profit providers two weeks ago when PNN reported on the first eviction notices that were served on case managed residents of Next Door Shelter due to Prop N - where this information officer accused PNN of doing "irresponsible journalism" because we kept the headline intact "billions For War while folks are evicted from Next Door" I wondered at what any of these "officers" would have to say now.

"and they were tellin' all the women up in there that it wasn't gonna affect us- well, that's a lie - we already affected.. we already bein' lied to..", Miss A. Faye was waving her long arms into the sky in exasperation, " Willie Brown put us down there talkin' all this about how it is "women's world" now they just gonna put us out."

"This is only a sample of what is coming to the City’s shelter system, as the
implementation of Prop N is being pushed at City Hall and Department of Human Services," Juan Prada of Hogares Sin Barreras. commented, "Without any regard for how it will affect not-on-welfare homeless people. As the July 1st implementation date nears, the people of San Francisco should expect a lot more homeless people being dumped on the streets."

by Vivian Hain/PNN Po' Mamaz Research Project

As a poor mama who has barely made ends meet over the past few years on welfare while surviving houselessness, domestic violence, economic hardship and the system, I was disappointed and felt that my children were let down by our legislators who bought into the myth of the ‘true lies’ that the Governator has made against poor families and children in California.

The California State Senate has passed a budget bill with drastic cuts and changes to CalWORKs, better known to me as “Can’tWORKs”, as for the past year, I have struggled to find sustainable employment after attending two 4-8 week job readiness programs, including the CalWORKs sponsored ‘Job Club’, which failed to help me find a job in these tough economic times.

The cuts to CalWORKs included a suspension of ‘COLAs’ (cost-of-living adjustments), graduated sanctions on CalWORKs children; twice yearly “self-sufficiency reviews” with a caseworker; and a stricter time limit on aid. The California State Assembly also passed it (AB 8), which included the changes to CalWORKs in the budget bill. Here is a brief budget cut summary of the myth of ‘true lies’. So, this is my response to these cuts:

Increases Sanctions for Noncompliance, which allows for deeper grant reductions for noncompliant families than provided in current law. Establishes that if a sanctioned family continues to be noncompliant after a county intervention, the families grant (your children’s portion of the grant) would be reduced by 25 percent. If a family remained noncompliant, this sanction would grow to 50 percent of the total grant. This means that our children will be ‘penalized and punished’ for the welfare system’s inability to get low-income parents back to work, as they fail to give them the basic resources needed to get sustainable employment opportunities.

Self Sufficiency Reviews, which requires counties to conduct a self-sufficiency review six months after the determination of eligibility and after each annual re-determination. This is a waste of state funding that could be used to help families get the basic resources they need to seek sustainable employment through formal education and continual follow up for job readiness and career opportunities.

Time Limit Changes, which limit continuous eligibility for CalWORKs to 48 months, after this period the adult grant and CalWORKs services may not be provided for at least 12 months (1 whole year). Maintains current lifetime limit of 60 months of benefits. So, how are families supposed to exist for one whole year without any food, money or healthcare? How are they supposed to pay rent, have transportation, stay well, go to school, look for a job?

Cases on Aid for more than Sixty Months for all families that have been on aid for more than sixty months will see their child portion of the grant reduced by 25 percent, unless the family can demonstrate that they have met work requirements or are exempt from them. Counties would be required to conduct an intensive assessment of families entering the safety net. Honestly, I don’t understand how there can really be any ‘work requirements’, as my experience has been having a virtual ‘ghost’ for an employment counselor for the past few years, who I have never met or has never helped me with anything. And, after I completed ‘Job Club’, which was supposed to help me find employment, I was forgotten.

This budget also suspends automatic Cost of Living Adjustments (COLAs) for CalWORKs, which will have to be voted on every year. There has not been a Cost of Living Adjustment since 2004. Today, families on welfare in California receive just a little less in monthly cash-aid assistance than they did in 1989, yet inflation continued to rise with housing, gas and utility costs having drastically increased. What sense is this?

The only ‘sort of positive changes’ that were implemented in the budget regarding CalWORKs were:

The restoration of Child Care Services for CalWORKs families and families transitioning off CalWORKs, which the Governator wanted to ‘terminate’.

The rejection of the Governator’s proposal to increase family fees for childcare, which would have doubled fees for low income families.

Denied the Governator's proposal to eliminate funding for ROC/P and Adult Education CalWORKs Services.

And most importantly…. The Governator didn’t get his way being the ‘Terminator’ the entire welfare system, which was his original budget cut proposal. He failed to succeed in making California the first and only state in the union without a welfare ‘safety net’ system. It is time that the Governator is called out for continuing to be a ‘Predator’ of low-income families in California. The ‘Kindergarten Cop’ needs to quit telling ‘True Lies’ in order to balance the budget on California’s poor children!

by Staff Writer

by FELICIA FONSECA, Associated Press Writer

The U.S. Environmental Protection Agency has withdrawn a water discharge permit for a controversial coal mining operation in northern Arizona pending public hearings.

The EPA's decision on the permit for Peabody Energy's Black Mesa mine complex comes after an appeal by environmentalists, who contend the discharge of heavy metal and pollutants threatens water sources that nearby Navajo and Hopi communities depend on for drinking, farming and ranching. Dave Smith, water permits manager in the EPA's San Francisco office, said Thursday that the agency believes the permit is solid but wanted to provide an opportunity for further public comment.

"Our job is to focus on the Clean Water Act piece of this right now and whether the water discharges have significant effects, and to make sure they are adequately controlled," he said.

Peabody's five-year water discharge permit went into effect Oct. 1. With the withdrawal, the EPA said Peabody can continue operating on a previous permit that expired in 2006 but has been administratively extended.

Peabody spokeswoman Beth Sutton called the environmentalists' claims frivolous and said the company has a record of compliance with the Clean Water Act. The mining will continue in a "business as usual fashion" and Peabody will maintain best practices to assure good water quality, she said.

PONDS HAVE LEAKS

The mining complex that includes the Black Mesa and Kayenta mines sits on nearly 65,000 acres that Peabody leases from the Navajo and Hopi tribes and has been in operation since the 1970s. Coal from the Kayenta mine supplies the Navajo Generating Station near Page. The Black Mesa mine supplied the Mohave Generating Station in Laughlin, Nev., until the power plant was shuttered in 2005.

Water discharge that includes storm water and runoff from mining, coal preparation and reclamation areas is held in more than 230 ponds at the mining complex. About 33 have leaks, and the EPA has said some of those don't meet water quality standards, need additional monitoring or need removal.

The EPA said many of the ponds are internal and used for treatment and storage. About 111 ultimately discharge to the Little Colorado River system through a series of washes and tributaries.

NEW PERMIT AN IMPROVEMENT

Stephen Etsitty, executive director of the Navajo Nation EPA, said the new permit was an improvement over the last, including new regulatory requirements for reclamation areas and revisions to monitoring plans. He said the Navajo EPA's monitoring of discharge in the mine area hasn't raised any red flags.

"We're pretty confident in what's contained in the permit is going to withstand any additional preview," he said. "We're just hopeful that this doesn't drag out the process of putting a necessary permit in place."

Environmentalists commended the EPA for reconsidering the permit and said the action would force Peabody to comply with the Clean Water Act. It also will give the EPA a chance to remedy what they say has been environmental injustice.

"The tribal groups know the heavy metal and pollutants are affecting their livestock and ecological community," said Amy Atwood, an attorney with the Center for Biological Diversity. "We need to see EPA disclosing what those impacts are, where they are occurring, and in the process, find a better way to contain them."

The EPA initially denied a request to hold a public hearing on the permit. Smith said the agency reconsidered in light of the appeal and will hold two such hearings next year on the Hopi and Navajo reservations.

Smith doesn't anticipate the draft permit will change but said, "We are open-minded.

"We do not prejudge," he said. "That's why we have public hearings. If we need to adjust the permit, we will."

This article was reprinted from the Associated Press and is intended only for educational purposes.

by Joseph Bolden

According to Michael Welmer, a forensic psychiatrist and the creator of the "Depravity Scale", his invention is a scientific way for judges, juries, and others to measure evil acts.

Mr. Welmer’s Depravity Scale has 26 categories, divided into three subcategories: intent, actions, and behavior. Unfortunately I can’t go through these categories or I’d be plagiarizing Mr. Libaw’s work. Lets just say crimes committed based on race, sexual orientation or religion all have their place on the scale. Torture, murder, or harm with intent not to kill though seriously hurt and/or maim are all on the depravity scale, which someday all victims and jurors may use in court.

Mr. Welmer has worked most of the glitches ‘n gremlins out of his prototype, so when testing begins, he should be able to pass all the tests he’ll be given by various law enforcement officials.

To Know the Evil Deeds we are all capable of is a burden I don’t want, but if it forces us to examine and improve ourselves, then bring on this evil and depravity contraption. So far we’ve only been guessing at what constitutes pure evil or a bad seeds, leaving Old Nick to tell us if our souls are weak.

I hope there are also ways to measure goodness too, someday only then will Mankind have both weighed equally.

Please donate what can to Poor Magazine or C/0 Ask Joe at 255 9th St.Street, San Francisco, CA 94103 USA.

For Joe only my snail mail:
PO Box 1230 #645 Market St.
San Francisco, CA 94102
Email: askjoe@poormagazine.org

by Leroy F. Moore, Jr.

In 1916 Jesse Washington, a Black , mentally disabled, young adult, was hauled out of court and dragged through the streets of Waco, Texas. He was then stabbed, mutilated and finally burned while 10,000 men, women and children cheered. What happened to Jesse Washington is not an isolated case and we can't chalk it up to history; we are still healing from the 1998 dragging and killing of a Black, disabled man, also in Texas, named James Byrd. Since the dawning of day individuals with disabilities, especially those of color who are poor, have had to and still are fighting to stay alive.

People with disabilities are not excluded from the brutal history of this country, a history that is still being played out today. Systematic discrimination and harsh brutality by individuals, institutions and the state against people with disabilities has, until very recently, been glossed over. The state has played and continues to play a big role in the physiological, mental and physical abuse of people with disabilities, especially disabled people of color. Look at the days of slavery, the Eugenics Movement, institutionalization to deinstitutionalization, and now the US Supreme Court is looking at the debate over state executions of mentally disabled prisoners. All of the above examples have one key component in common and that is they had the legal backing of the state. When the state institutions have the legal platform to end a person's life or to help create an environment that leads to brutality, it makes it harder for individuals to fight against this injustice because it is institutionalized.

Since 1976, when the death penalty was reinstated, thirty-four mentally disabled prisoners have been executed in the United States. The website of LOST SOULS STOP KILLING MENTALLY RETARDED, www.geocities.com, reports that many of the prisoners were and are people of color. Since the state of Georgia mistakenly executed Jerome Bowden, a Black, mentally disabled prisoner, the state has issued a ban on executions of the mentally disabled. This case helped the campaign to gain momentum, especially as it won the support of the American Bar Association. Now Arkansas, Colorado, Indiana, Kansas, Kentucky, Maryland, Nebraska, New Mexico, New York, South Dakota, Tennessee and Washington have also banned the practice.

Even Florida's own Attorney General Bob Butterworth, historically one of Gov. Jeb Bush's strongest advocates for speedier executions, supported the bill sparing persons with mental retardation from capital punishment. However, the bill did not pass and now Florida is the next state targeted by the campaign to end execution of mentally disabled prisoners.

As a researcher and writer on race and disability, I have noticed that the concepts of race, sex, disability and class have not been discussed in the executions of people who are mentally disabled. There are cases like Anthony Porter's and Earl Washington's, both Black men who are mentally disabled and poor. Both were on death row for crimes they didn't commit but confessed to because of their inability to understand what they were confessing. Both men were cleared by DNA testing and other evidence that was buried in their first hearing. Anthony Porter served seventeen years and Earl Washington had to wait until the beginning of this year to be released from custody. Many advocates are working on this issue but I don't see disabled, race and class advocates and organizations coming together with one voice on the execution of people who are of color, poor and have a mental disability.

"Crimes against people with development disabilities, i.e. mental disabilities, have reached epidemic proportions. Although it is similar to elder abuse, child abuse and domestic violence, it remains largely invisible and unaddressed." This statement comes from a report entitled "An Epidemic of Violence: A Collective Challenge", by Daniel D. Sorensen. Sorensen works at the California Victims of Crimes Committee which sponsored the federal Crime Victims With Disabilities Awareness Act. The Act requires the National Crime Survey to begin collecting data on crimes against people with disabilities. It also requires the US Attorney to issue a report on crime and violence against people with disabilities.

This committee helped convince Governor Gray Davis to establish the Crime Victims With Disabilities Initiative. This is the first permanent state government program that addresses the issue of crime against people with disabilities. Although the above accomplishments are helping to get the issue of crimes against people with disabilities out there in the public, it is a taboo subject for many in the disabled community and in the general public.

Is there justice in the US justice system for people with physical and mental disabilities? Many studies have found that individuals with disabilities, especially people with mental disabilities, who become involved in the criminal justice system, are more likely to face injustice if the system does not consider their disabilities and capabilities. According to www.geocities.com's story "Stop Killing the Mentally Retarded", most attorneys, judges, law enforcement officers and juries lack the knowledge and skills necessary to ensure that people with mental disabilities obtain equal justice. It goes on to say that appropriate investigations and expert testimonies are costly. The fact is that individuals with mental disabilities lack the resources and income to get a fair trial.
A good example of how money can shape justice in the criminal justice system is Wanda Jean Allen, a poor, disabled, Black lesbian in Oklahoma who was executed in January for the murder of her lover. Wanda's family approached Bob Carpenter to handle the case. Since Mr. Carpenter believed that the case was not a capital case he agreed to represent Wanda for $5000. Wanda's family gave an initial payment of $800. However, the state charged Wanda with third degree murder and announced it would seek the death penalty, refusing Mr. Carpenter's request to drop the case.

In the end Wanda was left with an attorney who had never tried a capital murder case before and had a lack of resources to investigate her mental disability and other key elements in the case. In fact, Mr. Carpenter was quoted in the Associated Press and in the Canadian Coalition Against the Death Penalty's website as saying that he had only learned about Wanda's disability after the case.

Although Allen did kill her lover, did the justice system kill Allen because her family's economic status instantly created an obstacle to her receiving equal justice? Right up until her execution, Wanda maintained she had shot her lover in self-defense, but the scar on her face from her lover's assault and the weapon that made that scar were not included as evidence of self-defense in her case.

The same is true for Michael Manning, a Black disabled young man who is fighting for his life in Pennsylvania's criminal justice system in a self-defense that is detailed on-line at http://michealmanning.homestead.com. For the past three months, I have been e-mailing Michael's parents to get his story. Their e-mail is mannfam@pnpa.net.

For almost four years the Manning family has been trying to receive media coverage and justice for their 30-year-old, physically disabled son, who is serving a 12 to 30 year prison term in Pennsylvania for what the justice system defined as first degree murder. But Michael and his lawyer, Salvatore Vito, have clearly demonstrated a case of self-defense. On September 15, 1999 a jury of nine women and three men (not his peers) of Monroe County, Pennsylvania convicted Michael Manning for the third degree murder of Harry Burley Jr. on June 16,1997.

Michael, friends, co-workers and family all took the stand and came to one conclusion—he acted in self-defense. According to Michael's lawyer and his parents, on June 16, 1997 Michael was on his way to pick up his mother from work. Noticing he needed gas, Michael pulled into a gasoline station. Michael also noticed he was being followed and subsequently endured an unexpected knife attack by two men. One was Michael's stepsister's boyfriend, Harry Burely, and the other was a drug dealer well known to the Court of Monroe County. After a few minutes of Michael struggling to defend himself, Burely fell to the ground.

The real tragedy began with the investigation and trial. The DA and Detective Thomas Lynott cleared Michael of any charges. However on November 5, 1997 Michael was arrested even though the fingerprints on the knife at the time didn't match Michael's. During Michael's case, justice was nowhere in courtroom. Firstly, there was the lack of fingerprints, and secondly, there were the instructions from the DA to the jury to bring back a verdict or he would have to sharpen his jury selection skills. Although the accomplice in the attack was proven to be a well-known drug dealer who had previously lied in another police matter and was currently on parole, he was allowed to testify.

To completely close the door on justice, Michael's parents found out that Judge Ronald E. Vican made a racial remark at another self-defense case of a Black man, stating, "I suspect this goes back to the cultural thing." He then invoked Michael's name and spoke of the case. The DA made derogatory remarks about Michael's disability after he demonstrated his walk to the jury. These remarks and the lack of awareness of Michael's physical limitations are stunning when you consider that Judge Ronald E. Vican has a noticeable disability and his wife is a physical therapist.

Now it is 2001 and the Manning family is still trying to find justice and media for their son. The latest news is that on April 5, 2001 Michael was scheduled for an evidentiary hearing with a new judge. The judge has a reputation of being a "man of justice". I pray for justice for Michael but he and his family need you, i.e. the Black community, the media, and his disabled brothers and sisters all across the country.

Through e-mail, the Manning family has reaffirmed why I do what I do. Michael's parents have contacted many disabled organizations and on-line disabled groups, but haven't gotten any support. The same goes for certain Black organizations. For example, Michael's parents contacted the NAACP, Jesse Jackson's Rainbow-PUSH organization and the Reverend Al Sharpton. The only response the Manning family has received is from Jesse Jackson, plus the Black media.

Our disabled brothers and sisters of color are fighting to stay alive but we can't do it alone! Here are some resources for more information on how you can get involved in helping rescue people with disabilities who are searching for justice and fighting to stay alive:

For family members who have a loved one on death row who is mentally disabled:
The United Nation Economic & Social Council campaign to eliminate the death penalty for persons who are mentally disabled. Information is available on-line at www.geocities.com in "Stop Killing Mentally Retarded" or go to your local Association of Retarded Citizens (ARC). The US Senate will vote on it next session.

For families with disabled youth in the juvenile justice system contact:

The National Center on Education, Disability and Juvenile Justice
University of Maryland
1224 Benjamin Building
College Park, MD 20742
(301) 405-6462
www.edjj.org

Protection & Advocacy
100 Howe Ave. ST 185N
Sacramento, CA. 95825
(916) 488-9955

Victims of crime contact:

International Coalition on Abuse and Disability
www.quasar.ualberta.ca/ddc/ICAD/icad.html

Office for Victims of Crime (provided funding to the National Organization for Victims Assistance (NOVA) for the project Working with Crime Victims with Disabilities, www.ojpusdoj.gov/ovc/, they offer grants and other funding)

Crime Victims with Disabilities Initiative
State Department of Mental Health
1600 9th Ave., Room 100
Sacramento, CA. 95814
(910) 654-6567 - Lisa Bowman

Justice for a Few
Update on Fighting to Stay Alive

Executions of the Mentally Retarded:

Texas : Last year Gov. Bush voted against a bill banning executions of the mentally retarded. He also refused to talk about the highly visible Johnny Paul Penry case. Now Gov. Rick Perry was quoted in the Houston Chronicle of May 31, 2001 as saying, "Texas already has safeguards against putting the mentally ill to death." In the same article he is further quoted as saying during a speech that we (Texas) do not execute the mentally retarded. Has he forgotten about the six mentally retarded Texans put to death since 1982? While the new governor of Texas is hesitating about signing the bill, legislators and the House of Representatives are moving ahead to pass a ban on executions of people who are mentally retarded.

Although Bush is in Washington now, the case of Johnny Paul Penry has fueled the debate on the executions of people with mental disabilities. His lawyer argues that his mental state should bar him from execution, a key element that was overlooked in his original case. In 1979 he was found guilty of the rape and murder of Pamela Mosely Carpenter. Penry has been on death row since 1979 and is White. The June 5, 2001 issue of the LA Times reported that the US Supreme Court overturned Penry's death sentence, stating that jurors were not clearly told to consider Penry's mental retardation as a reason to spare his life. So Penry escapes death one more time, for now. This was not the first time Penry was granted a stay. Last November Penry was hours away from being executed when the court granted a stay.

The official ruling that will consider whether the execution of mentally retarded defendants is always cruel and unusual punishment, and should therefore be stopped as unconstitutional, will be voted on in the fall. More and more states are joining the campaign to ban executions of people who are mentally disabled. Florida has passed a bill, but Gov. Jeb Bush has yet to sign it.

On June 5, 2001 Connecticut became the fourteenth state in the country to exempt mentally retarded criminals from execution. The state didn't stop there. It also wants to establish a nine member commission to study the death penalty, including whether or not there are disparities in prosecutors' decisions to seek death sentences based on the defendants' or victims' race or economic status. Bingo!! These are the issues that I brought up in Fighting to Stay Alive.

I wonder if Wanda Jean Allen a Black, disabled lesbian, as well as many other defendants of color who are poor and mentally disabled have the same access and resources as Penry. Can they get top notch lawyers like his? If you remember from my article, Wanda Jean Allen's lawyer did not discover her mental disability until after the trial. Because Allen's family could not afford to pay the lawyer in full, he could not do a full investigation. Earlier this year Gov. Frank Keating of Oklahoma denied Allen's request for a stay of execution and a new clemency hearing. Hours later, the US Supreme Court denied her final appeal.

From my e-mails it is clear that many who are fighting to ban executions of the mental retarded haven't consider race as part of the issue. Ummmmm interesting!!!!! This is one more thing to think about my brothers and sisters in California. The LA Times reported on June 5, 2001 that California has the largest population of inmates on death row but has not adopted the ban. In California, because the capital punishment law was approved by a state vote, to ban the executions of people with mental retardation would require a statewide referendum. For more cases of race, disability, class, and the justice system look up Oliver Cruz, Kim Lim, Earl Washington, just a few of the countless cases needing further investigation.

Michael Manning, a disabled, Black man is still locked up on self-defense! In my last article, I laid out Michael's story communicated to me via e-mails with his mother. At the time the article Fighting to Stay Alive appeared, Michael was waiting for his second trial with a new judge. Days after the article, while Ms. Manning was thanking Poor Magazine and me for coverage of her son's situation, injustice was served once again in court. Michael's lawyer appealed the first decision handed down by Judge Ronald E. Vican. The Manning family and Michael's lawyer had had high hopes and had expected that this new judge would notice the blunt injustice of the case. But the outcome was not in Michael's favor and he is still in jail for 12 to 30 years for the June 16, 1997 third degree murder of Harry Burley Jr.

This was not the first appeal that was rejected. A previous appeal was rejected by the Superior Court in 1999. This time Judge Peter J. O'Brian denied Michael's post-conviction appeal in which Michael said he received faulty defense from Salvatore Vito. The appeal also asserted that the questioning of a witness during the trial by Presiding Judge Ronald E. Vican prejudiced the jury against Michael. O'Brien found Vican's questioning "clearly unbiased". Michael's lawyer, Jeffery Velander, said that the way the judge wrote the opinion gives Michael much more latitude in Superior Court. The Mannings are planning to appeal the decision. Michael's new lawyer feels Michael has a very good chance of reprieve when his case is heard in Superior Court. His lawyer goes on to say that it is rare that convictions are overturned in the lower courts.

Media be on the lookout. The Manning family has put together a campaign to inform the media and the public at large of the travesty of justice that their son is enduring. They have contacted Geraldo Rivera at MSN Investigates, Oprah, and various newspapers. While some Americans stand by and watch this injustice unfold, many are closely following Michael's case and helping out in many ways.

Thanks to Michael's family's campaign, a Danish man found out about Michael's case and translated the case into danish and sent it to newspapers and radio and TV stations in Denmark. He also appeared on a Danish TV talk show with the US Ambassador to Denmark and spoke about Michael's case. In addition, Rubin Hurricane Carter's organization took an interest in Michael's case and is looking into the case. Mr. Carter has contacted Michael's attorneys. For more updates on Michael Manning's case visit www.michaelmanning.homestead.com and sign the petition!!!!!

WAKE UP! OUR DISABLED BROTHERS AND SISTERS ARE SCREAMING AND CRYING FOR JUSTICE!

by Joe B.

An Open Letter On Perception For Anyone With Brains And Hearts To Listen.

Weeks ago while walking from work to home I waved to Willie Warren, a Coalition On Homelessness Advocate.

Besides being a poet and being politically aware he’s a large, strong, even tempered guy who wouldn’t bully anyone about anything.

Except to print embarrass using facts on what’s wrong with political and economic systems.

When he tells his horrendous story of being set up for attacks behind by two white guys who first had a problem with his "tan."

Then after finding out he’s a Homeless Advocate they go nuts and beat or stomp the 'livin bloody mud hole out of him.

I think these two clowns white or black have psychological problems to begin with but to follow, talk, then explode in violence means they wanted "beat down" on someone anyone not their shade or political persuasion.

What’s telling is these are "Gavin Newsom" CNC supporters to me that’s scary.

If they see black guys with backpacks and assume homelessness then go after him-her for his job as homeless advocate as an excuse.

It’s a two-for one beat down.

These two cowards have the gall calling out the "N" word thinking Warren would just flip out then have to follow him as he wisely decides to leave.

I’ve had my own run in but it wasn’t as severe or potentially deadly.

As I read the letter the first sign of trouble to me is two white guys fuming; for me it means go a different route.

Are my senses more acute?

I usually steer by angry people let alone a couple it could be I’d rather avoid confrontation than face it especially when the odds favor two or more against one.

These guys may be the tip of a racist – homophobic iceberg.

What kind of people or persons attack people wearing backpacks assuming those who have them are homeless.

What about tourists, school children without a dress uniform or bucking the code, college, or university students and graduates also undergraduates.

Do you think these kind of people quietly fuming mad about the so called homeless problem will differentiate between different people walking in and around the city wearing backpacks?

I carry a backpack, my mother who’s taking up creative writing in a community college totes a backpack!

How many of these people are walking around itching to attack anyone because they either appear, not neat or cleanly dressed, or are perceived as homeless.

Even being a homeless advocate thus on the left of the political spectrum.

Is this the ultimate answer of conservatives action?

Someone or thing is giving out a message or its being twisted to convey:

Houseless People, Working Poor Folk and families and now Homeless Advocates are seen as targets of opportunities.

Guess I’ll brush up on the empty hand and Ninja techniques to make whatever I can find as weapons of opportunity if I am also to others a beat down one.

When I was young I was forced to carry a sharp kitchen knife in a paper bag to protect myself against being ganged up on because I was small runt of kid.

The knife was never used but felt good having it just in case.

Now I might have be a weapon even when carrying none using my brain to learn and relearn self protection.

I an average peaceful, husky, (slightly overweight black guy.

I’ve been beaten up by girls that couldn’t say they liked me guys know how that is when they hit girls they really liked.

Women, girls are bad enough but I won’t get stomped on for someone else’s perception of me who doesn’t know me at all.

People, I may be wrong but whatever happens with Proposition N. Please for men, women, girls, boys learn self defense and if you know enough teach folks who want to learn.

As for gun will there are Teflon bullet proof vest but buy extra to cover head, neck, under shoulder.

Yes, I’m afraid being mortal brings that out.

I end my open letter saying be aware folks, be very aware.

There's in an undercurrent of anger by persons so fed up with the homeless they’re willing to beat up people or worse.

I hope this is not leading for "A Final Solution" the world has gone that route before lets not revisit the worst humanity has to offer itself. Bye.



Wary and Worried

Joseph Bolden

Cc: The Street Sheet

Cc: Board Of Supervisors

Cc: The Chronicle’s Editor

Cc: The Examiner’s Editor

by RAM/PNN

Since the time I was nine I have had regular suicidal thoughts. I started smoking marijuana regularly when I was fourteen. I smoked as a way to stay alive and to stay focused on the things that mattered to me in life. I smoked to be happy and get rid of my negative internal dialogue. Smoking also helped me stay away from hard drugs and excessive alcohol. Currently marijuana is my only positive outlet for daily anxieties about my past. I don't want to let go of my past, but I need a positive and productive way to deal with it and continue towards a healthy future.

In San Francisco and all over California the Drug Enforcement Agency (DEA) has threatened to close Cannabis Clubs. This horrifies me because I need safe access to marijuana to help deal with my depression and my emotions. I am now the father of two daughters and I am constantly trying to move ahead in my life. I want to be as positive a role model for my daughters that I can. I want to create a home environment where they can come and stay with their father and feel a stability and consistency that I never really had.

Growing up in a trauma riddled environment I had to constantly remind myself there was light at the end of the tunnel in the distance that I couldn't even see yet. One of my first memories when I was only eight years old has stayed vivid in my mind.

"Take you're ass in the living room NOW!" My father's voice boomed through the house almost knocking me over.

It was all basically over a bill that was either not paid or paid a little late. I came home from school one day to my parents arguing or better yet pops yelling at my mom who was sitting on my bottom bunk weeping like a child. He was screaming at the top of his lungs about something I did not understand.

"Boy, take your ass in the living room now, before I whoop you too."

I sat there not knowing what was going on only hearing the screaming and screeching of my moms voice feeling helpless and powerless. I thought to myself as I heard my mother's cries, there is nothing I can do and how could my father do this.

Thinking back on memories such as these in my life, I end up with waterfalls running down my face. Marijuana calms and relaxes me so I can process and deal with these memories without the desire to do something that would end up hurting myself. Although I use marijuana for emotional support for some people with illnesses such as HIV and cancer medical marijuana offers an alternative to heavy medications or acts as a supplemental treatment. Many rely on marijuana to stay alive.

As Reverend Randi Webster recently said during a visit to POOR Magazine, "If Cannabis Club dispensaries close, I am worried that I will have to attend many more funerals."

I don't want to buy marijuana off the street risking jail or even worse. I also don't want to risk being sold laced drugs or running into old people, places or things. I don't want to risk starting my old habits again. I need 'safe access.' I know many people are in my position.

Jewnbug from POOR Magazine said, "350 Divisadero Cannabis Club saved my life. It's a place where I can medicate and incorporate artistic expression."

Similar to Jewnbug and many other people who have had to deal with trauma, marijuana helps me focus in all parts of my life especially in music, poetry, and acting. Marijuana helps me through the trauma of my past and present and keeps my mind positive.

California and the eleven other states that have compassionate use laws are being intimidated to end safe access. The DEA has sent letters to property owners who rent to dispensaries in San Francisco- and all over California- threatening them with property seizure. The San Francisco safe access community has unified behind a resolution to include the landowners in the city's sanctuary status for medical cannabis. The Board of Supervisors vote was postponed until Tuesday, February 26th. Axis of Love is calling for support at this meeting. The safe access community is calling for Mayor Newsom to join with Mayor Dellums of Oakland in support of the resolution.

The resolution sets the tone for political resolve and directs action from all local and state legislators to oppose intimidation measures lodged by the DEA against sick, disabled, and dying Californians seeking medical cannabis as a treatment. So far, San Francisco has been resilient and no medical cannabis co-op has closed its doors because of the DEA intimidation. The resolution was introduced by Supervisor Chris Daly and co-sponsored by Supervisors Ross Mirkarimi, Jake McGoldrick, and Tom Ammiano. The Harvey Milk Democratic Club, the San Francisco Green Party, and local patient advocacy Group ASA SF have endorsed the resolution.

I fear that if people who are in need of medical marijuana like myself, and other people who are sick and/or disabled lose their safe places to medicate we will be subject to the streets, violence, more police harassment, and other drugs. I fear, like Reverend Webster, that if Cannabis clubs are forced to close there will be many more funerals to attend.

RAM's second POORPress Publication, Another Broken Heart Mended is about the trauma Ruyata went through as a child which lead to his drug abuse and his recovery. For more information on his book or to order a copy please call 415.863.6306.

by Tendai R. Mwanaka

The blowing wind

Is like a fog

Obscuring our rising sun

And this is the desert

The desert of our desert

And distant people

Are always our enemies?

Unless if they throw

Sand into the air

For the hand

That throws the sands

Does not hold a sword

And this is where

We were born

And we permit ourselves

To know nothing else.