presents a community outcry for justice a greater houston coalition for justice

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Presents A Community Outcry For Justice A GREATER HOUSTON COALITION FOR JUSTICE

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  • Slide 1
  • Slide 2
  • Presents A Community Outcry For Justice A GREATER HOUSTON COALITION FOR JUSTICE
  • Slide 3
  • Houston a Beautiful Majestic City But, behind this beauty, there is a dark side. An unbridled use of excessive or deadly force by law enforcement
  • Slide 4
  • Criminal Justice for the community of color has been elusive in Houston-Harris County. A perception exist that Harris County is a discriminatory institutionalized criminal justice system, beginning with the Harris County Grand Jury, police departments internal affairs and other criminal justice institutions. Much has been written about Harris Countys Grand Jurys system miscarriage of justice, especially when it involves Police use of force and deadly force against people of color. The formation of the Greater Houston Coalition for Justice was for the purpose of initiating a cohesive community strategy to address critical issues that could result in serious consequences to our communities. HARRIS COUNTY GRAND JURY
  • Slide 5
  • A QUESTIONABLE GRAND JURY SYSTEM IN HARRIS COUNTY Is the Harris County Grand Jury commissioner selection system susceptible to abuse? In Texas, state law allows two choices for seating grand juries: random selection as in jury trials and a system using commissioners. In Harris County, 12 of 21 criminal district courts use the commissioner approach to empanel a grand jury, while another seven courts employ the random system. One of the remaining courts uses a combination of random jurors and people who volunteer on their own to serve on grand juries. One court relies exclusively on those who volunteer or already have served on grand juries. The U.S. Supreme Court upheld the use of the commissioner method in Texas, justices warned in a 1977 opinion that it is susceptible to abuse.
  • Slide 6
  • Investigation raises questions about whether grand jury system in Harris County favors police Grand jurors empathizing with police officers is at the heart of questions raised about the shooting simulator. Source: By James Pinkerton
  • Slide 7
  • HAS THE USE OF SHOOTING SIMULATORS TRAINING BY GRAND JURORS TAINTED INDICTMENTS OF POLICE OFFICERS IN HARRIS COUNTY? The District Attorneys use of a Simulator Training Program for Grand Jury members is an impermissible influence on the Grand Jury system. How can Grand Jurors be expected to look at a case impartially when they start their term by watching a one-sided simulator? Grand Jurors either be shown an opposing view of the simulator program or else shown nothing at all - just like real jurors.
  • Slide 8
  • HAS THE USE OF SHOOTING SIMULATORS TRAINING BY GRAND JURORS TAINTED INDICTMENTS OF POLICE OFFICERS IN HARRIS COUNTY? The Simulator is inherently flawed because it is simply not based on reality. Is the DAs Office saying that the scenarios depicted in the Simulator are based on actual events? OF COURSE NOT. It is more appropriate, and more in line with the adversarial system of American Jurisprudence, to offer alternative points of view. In light of recent cases highlighting prosecutorial misconduct and the conviction of innocent people, Grand Jurors would be better served - and so would justice- if they were also required to view recent documentaries on this subject. Documentaries such as The Thin Blue Line or the Recent CNN program on the Michael Morton Case. There are numerous examples. One could go as far back as The Scottsboro Boys, an incident from the early 1930s.
  • Slide 9
  • HAS THE USE OF SHOOTING SIMULATORS TRAINING BY GRAND JURORS TAINTED INDICTMENTS OF POLICE OFFICERS IN HARRIS COUNTY? Grand Jurors should also be exposed to the advances of DNA evidence and how that has revealed terrible miscarriages of justice (e.g. The Innocence Project). In conclusion, justice is not justice when only one side is presented; nor when opposing view points are deliberately omitted; and certainly not when grand jurors start out with biases. Was the Simulator shown in the Brian Claunchs proceeding? Houston police officer cleared Grand Jury who shot and killed a one- armed, one-legged man in a wheelchair.
  • Slide 10
  • REPORTED CASES OF POLICE BRUTALITY
  • Slide 11
  • A Call for Justice JAMES PINKERTON Houston Chronicle Published 06:30 a.m., Tuesday, January 26, 2010 Houston and Texas Local civil rights activists Tuesday called for the U.S. Department of Justice to review the elevated number of officer-involved shootings in the Houston area. Greater Houston Coalition for Justice Local civil rights activists Tuesday called for the U.S. Department of Justice to review the elevated number of officer-involved shootings in the Houston area last year, and asked the City Council for public access to internal police reviews of the use of deadly
  • Slide 12
  • Reaction Over Another DOJ Request by: Pat Hernandez, February 17, 2011. There is another call for a Justice Department investigation of the Houston Police Department. The Greater Houston Coalition for Justice claims there is an apparent culture of lawlessness in the HPD that needs to end. Pat Hernandez has more. The Greater Houston Coalition for Justice, a group that includes many civil rights organizations, announced it has filed a request with the DOJ to launch a full investigation. The group says there have been patterns and practices of civil rights violations by the Houston Police Department against minorities.
  • Slide 13
  • NO BILLED CASES BY HARRIS COUNTY GRAND JURIES SOURCE: (SOURCE: BY JAMES PINKERTON HOUSTON CHRONICLE - WWW.NEWS-JOURNAL.COM/NEWS/STATE/SHOOTING-SIMULATOR-SPURS HPD's own records paint a controversial portrait. During the last decade, 2,135 complaints about alleged police brutality. Only 33 were sustained -- less than two percent. And if you count only citizen complaints, the number of times the brutality allegation has been confirmed is just 16 -- 16 of more than 2,100. Harris County grand juries have cleared HPD officers in shootings 288 consecutive times. The last time a Harris County grand jury charged an HPD officer in a shooting was in 2004. Since then, only three other officers from other departments have been charged in shootings in Harris County
  • Slide 14
  • HARRIS COUNTY GRAND JURIES SELECTION PROCESS Advocate for state Legislative change in Harris Countys Grand Jury System, including how grand juries are selected. Grand Juries in Harris County have close ties to the legal system. They included judges, attorneys, court employees, bail bond agents, probation officers and law enforcement officers. This is a selection process that is antiquated and needs to be abolished. Its stacked, because the selection is done for a judge by a commissioner, The commissioner (he or she) select peers, people of their way of thinking. Its an unfair practice, its subjective, encourages bias in the selection process.
  • Slide 15
  • THE GREATER HOUSTON COALITION FOR JUSTICE GRAND JURY REFORM CAMPAIGN
  • Slide 16
  • A PETITION BY CITIZENS OF HARRIS COUNTY, TEXAS TO IMPROVE THE SELECTION OF GRAND JURY MEMBERS BY RANDOMIZED METHODS Petition By Citizens of Harris County, Texas To Improve the Selection of Grand Jury Members by Randomized Methods Please review and sign this petition. It is meant to improve the Harris County Grand Jury System by ensuring qualified grand jurors are selected at random, as opposed to potentially biased, and discriminatory manners that exclude Blacks and Hispanics, as well as Women and Others. Partida, 430 U.S. at 494, 1977, in Karson, 2006, p. 10).
  • Slide 17
  • A PETITION BY CITIZENS OF HARRIS COUNTY, TEXAS TO IMPROVE THE SELECTION OF GRAND JURY MEMBERS BY RANDOMIZED METHODS Background: Over half of the commissioners nominating individuals to serve as grand jurors were associated with the criminal justice system, and less than 10% of the serving grand jurors were Hispanic-surnamed though approximately 33% of the county population was Hispanic (Karson, 2006, p. 3). Black and Women grand jurors face similar, unfavorable odds. The exclusion of otherwise eligible persons from jury service solely because of their ancestry or national origin is discrimination prohibited by the Fourteenth Amendment (U.S. Supreme Court, in Hernandez v. Texas). In Powers v. Ohio the Supreme Court held that jurors have a right not to be excluded based on their race, yet race-based exclusion continues to stigmatize growing numbers of Americans.
  • Slide 18
  • A PETITION BY CITIZENS OF HARRIS COUNTY, TEXAS TO IMPROVE THE SELECTION OF GRAND JURY MEMBERS BY RANDOMIZED METHODS History: Racist Klansmen prevented the indictment of suspected murderers during the Civil Rights movement in Mississippi in the 1960s and that colonial rebels influenced the indictment of British soldiers for murder during the Revolutionary War. Thus, it is suggested that control of the grand jury is effectively the control of justice (Karson, 2006, p. 4). The concept of being propertied in the system gives one the power to create laws, to decide who will be defined as the law breaker, to use the law to support ones own interests, or to be able to have the law serve the interests of the ruling class (Adler, Mueller & Laufer, 2004). Social power is retained through the political power process (Mann, 1986). While there are differing criminological perspectives on the origins of criminal law, most recognize that the propertied influence the definition of the law. The law, for all intents and purposes, is their property. As such, some states continued to limit those eligible for jury duty to those who were landholdersthose who were propertied in the traditional sense of the word (Younger, 1963, in Karson, 2006, p. 4).
  • Slide 19
  • A PETITION BY CITIZENS OF HARRIS COUNTY, TEXAS TO IMPROVE THE SELECTION OF GRAND JURY MEMBERS BY RANDOMIZED METHODS Chronicle author, Gutheinz (2008) served in the Harris Count Grand Jury system, and termed it laughable, The grand jurors that are chosen in Harris County are too white and too conservative. Most grand juries here don't even come close to reflecting the ethnic, racial and political makeup of Texas' most populous county. I know mine didn't (June 1, 2008; too white, too right; minorities; democrats pay unfair price). Call for Action: The County district courts have continued to use the key-man system and have systematically discriminated against the Hispanic population by limiting their participation in the grand jury process. This failure jeopardizes the assurance of an impartial jury (Holland v. Illinois, 1990) by not allowing a fair cross-section of the populace to be considered for service and it can be considered intentional discrimination as the jury pool selection practice is susceptible of abuse or is not racially neutral (Castaneda v. Partida, 430 U.S. at 494, 1977, in Karson, 2006, p. 10).
  • Slide 20
  • We Can Do Better In America! The Greater Houston Coalition for Justice (GHCFJ) has dedicated this presentation to the victims and families of those who died or were seriously injured due to the use of deadly or excessive force of police officers, during traffic stops, investigations, or while in the custody of law enforcement officers of the Houston Police Department, Harris County Sheriffs Office, and other agencies in the greater Houston metropolitan area and its surrounding counties The Greater Houston Coalition for Justice (GHCFJ) has dedicated this presentation to the victims and families of those who died or were seriously injured due to the use of deadly or excessive force of police officers, during traffic stops, investigations, or while in the custody of law enforcement officers of the Houston Police Department, Harris County Sheriffs Office, and other agencies in the greater Houston metropolitan area and its surrounding counties.