Thursday, February 26, 2009

RNC Lawsuits Raise Serious Allegations

Saint Paul, Minnesota
February 27, 2009

Attorneys Ted Dooley and Peter Nickitas filed lawsuits yesterday against the City of Saint Paul, Minneapolis, Ramsey County and individual Police Officers including Sheriff Bob Fletcher on behalf of eight Plaintiff’s stemming from events that occurred during the Republican National Convention.

In spite of a late winter snow storm about forty people attended a Press Conference held yesterday at the William Mitchell College of Law in which Dooley announced the lawsuits and introduced the Plaintiffs. Michelle Gross, Mike Whelan, Mick Kelly, Olivia Katz, Jason Johnson, Rebecca Sang, Wendy Binion and Vladimir Teichberg.

Some of those involved in the suits talked about what happened to them during the RNC. Mick Kelly said he was shot with a rubber bullet after Police ended their permitted protest early and told them to disperse. He held up a photograph of the dinner plate sized bruise he suffered on his abdomen as a result of the bullet.

Wendy Binion who had been charged with Felony Conspiracy to Commit Riot explained how she was arrested along with other Independent Journalists on the second day of the RNC. She suffered some bruises and stated she was not allowed to make a phone call to her attorney while she was initially detained. She said that her camera, which was confiscated when she was arrested, was returned to her broken.

Ms. Binion added that although all charges against her were dropped, she was told by city officials that she was still "under investigation" and that could continue for years.

Perhaps the most disturbing allegations came from Michelle Gross who said she was the victim of sexual misconduct while in custody. She stated a female Officer stripped searched her in the presence of other male officers and touched her inappropriately. Her is an excerpt from her suit.

"On 29 August 2008, in the vicinity of 627 Smith Avenue, St. Paul, Ramsey County, Minnesota, defendants A – E, jointly and severally, in their individual capacities as deputy sheriffs of Ramsey County, on information by direction of Defendant Fletcher, physically seized plaintiff without warrant, without probable cause, without exigent circumstances, without her consent, and without lawful authority."

"Defendants A – E had no articulable suspicion that plaintiff was committing a crime, fleeing law enforcement authorities, or possessing weapons or contraband on her person at the time of her seizure."

"Nevertheless, defendants A – E, jointly and severally, caused Ms. Gross to be strip-searched in the presence of men in a non-private location." One or more of the individual defendants physically touched plaintiff without her consent or lawful authority under her brassiere in a sexually offensive manner."

"The remaining individual defendants did nothing to stop or restrain the other individual defendants from seizing or touching plaintiff in a sexually offensive manner."


Other's attending the Press Conference expressed concern over the allegations and some shared their stories of encounters with Police during the RNC. Betsy Raasch-Gilman who has filed a separate suit against Ramsey County Sherriff Bob Fletcher said she saw evidence that the Sheriff was "spying" on citizens like her and was demanding in her lawsuit that she be allowed access to the file Sheriff Fletcher had about her activities.

When asked about the comparisons to the actions of Police at the RNC and those in 1938 Germany, Mr. Dooley responded by saying "You have to remember that what Adolph Hitler did, he did within the law" adding quickly "our law is only as powerful as our respect for it."

The combined lawsuits are seeking millions of dollars in damages for the alleged victims. Dooley and Nickitas also said that the lawsuits they filed on behalf of their clients would include injunctive relief and attorneys fees.

Wednesday, February 25, 2009

Holy Handwriting Batman!

Saint Paul, Minnesota (RFN)
February 25, 2008
By Marty Owings

Coleman Lead Attorney Ben Ginsberg showed some 300 plus "illegal" ballots placed on poster boards and set expertly on easles placed just behind him in view of the media camera's. Ginsberg was making a point about the situation that the court has placed his case in. When the three judge panel ruled some categories of ballots "illegal" it is Ginsberg's assertion that they created a contridiction by allowing what would now be considered illegal ballots into the count. This would likely mean that if the court does not reverse itself, the Coleman team could appeal the case.


More At Radio Free Nation Independent News.

Ginsberg called the ballots in the display "a massive number of votes that are clearly illegal". The ballots, all from St.Louis county were unsigned, rendering them illegal under Minnesota law, and yet these ballots were among those counted. As seen in the photographs, you can see the voters name and address, but no signature. One of the ballots has X's on it rather than the voters name, address and so on.

Upon closer observation of the ballots, both Minnpost Reporter Jay Wiener and I noticed a curious similarity in the hand writing. Not being a hand writing expert, I'll let you decide, but many of these ballots appear to have the same hand writing. We're still working on what situation would cause this...stay tuned.

Tuesday, February 24, 2009

Should Judges Be Allowed To Reduce Mortgages?

Saint Paul, Minnesota (RFN)
February 24, 2009
By Marty Owings

I got an email from Congress.org and the title was "Should Bankruptcy Judges Be Allowed To Reduce The Principal Owed On A Mortgage Loan?" And that got me thinking about this whole issue.
When times were good and our home values was increasing by 10% to 15% a year many took out equity loans or sold and bought bigger houses. In other words many Americans reaped the rewards of an inflated housing market and cashed in.

Our cities, states and federal government benefited in the form of higher tax revenues. We all got richer when our real estate values were increasing. Then came the housing crash and all that came to an end. Now our homes are losing value, the taxes collected are down, although not as fast as they went up, and sadly Americans have lost their homes altogether.

I can't say I would turn down the offer to lower my mortgage, I can't even say whether this is good for the country right now or not, but I do know that something about this doesn't quite feel right. In a way its as if we're all collectively participating in a children's T-Ball game were scores aren't kept and no outs are counted until everyone bats.

If you owned a home during the boom, you reaped the rewards. If you took out an equity loan to buy a boat or new car you reaped the reward. If you paid of debt or took a vacation, you reaped the reward. And now, when we're losing our homes value we want to continue to reap reward.

Yeah, I know, if you're facing bankruptcy you want to try to keep your home if can and if lowering you're payments can help, I understand. However, shouldn't you have to pay this back if the market turns around and your home starts to increase in value again? Shouldn't we be obligated to return the favor?

I know its not popular to say this, but banks will lose money. Money that belongs to you, me and other investors. Even if the Government steps in, its still your money or the money of your children. I know these are tough times and we need help, but we need to be fair and honest about it. In the end, its an individual decision and one that you have to make based on your situation and your conscious.

In the meantime, you can let your Representatives know what you think about this idea.

Sunday, February 22, 2009

Cartoons And Controversy


February 23, 2009
Saint Paul, Minnesota (RFN)
by Marty Owings

Here we go again. Wasn't long ago that a certain Danish cartoonist was hiding from the outraged Muslim world for depicting Muhammad wearing a bomb shaped turban.

If my recollection serves me right, there was widespread support for the cartoonist. Many Americans spoke out in defense of this type of political satire, calling it a "protected" form of freedom of expression. While there are some significant differences here, the principle is the same.

The cartoon pictured above was created by Sean Delonas and published by the New York Post (used here under "fair use" as explained in Section 107 of the US Copyright Law). It has drawn outrage directed at its racial overtones and Al Sharpton has called for a boycott of the New York Post. The NAACP and others are demanding that Sean Delonas be fired and that the NY Post offer an apology for the cartoon.

The cartoon itself is vile, degrading and demeaning on a multitude of levels. If it was Sean Delonas' aim to anger the most possible people with this image, I think he has succeeded. He's managed to anger the African American community, animal rights groups, Democrats, Independents, Republicans, Anti-police brutality advocates and probably the President of the United States, just to name a few.

I count myself among those that find the cartoon offensive. However, and this is a big however, I don't think Sean Delonas should be fired. I don't think he should suffer any retaliation for creating the cartoon other than the realization that what he did was ignorant and stupid. Just like I didn't think Imus should have been fired. It's not that I don't think they're actions are ignorant and offensive, I just think they have the right to express themselves, just as you and I have a right to be outraged.

Sean Delonas and any other cartoonist, artist, musician or citizen is entitled to protection under the First Amendment for this exact situation. And this case is a perfect example of why its so important. Even hate speech is protected under our Constitution because you can't simply start deciding what Free Speech is OK and what isn't. Standards of Freedom of Speech and to a greater extent Freedom of Expression have long been upheld by American courts. The courts have always understood the implications of curtailing free speech, no matter how offensive it might seem to you and I.

Furthermore, political free speech even if its seen as bigoted, offensive or just plain crap is often considered even more sacred. After all it was early American cartoonist and satirists that offended the King of England during the Revolution. Perhaps more importantly there is the simple fact that whether we find a cartoon inflammatory, racist or just plain ignorant does not mean it should be censored. If you punish Mr. Delonas its sends a chilling message that rules about what is and isn't offensive could become a moving target, such as insulting the President or members of Congress or even the local Police Chief.

Let the Delonas' and Imus' and Jimmy the Greek's of the world say whatever the hell they want, its a free country which means you and I don't have to listen. We need to protect Freedom of Expression, not just for the likes of Sean Delonas, but because the next Thomas Paine or Rev. Martin Luther King deserves as much. If you want to do something about this, don't buy the New York Post, don't surf their site and find out what other companies are controlled by News Corp. and avoid them to if you like, but let's not start talking about censorship and curtailing our freedoms. We may not like it, but our freedoms even extend to stupid cartoonists.

Wednesday, February 18, 2009

Minnesota Republicans Announce Pay Cut Proposal

Saint Paul, Minnesota (RFN)
by Marty Owings

Calling for State Government to get their own house in order amid an economic crisis, Senator Geoff Michel (R-Edina) stated "The legislative branch must be part of the budget solution and before we go through the entire state budget, line by line, we should find savings in our own budget." Minnesota Republican's are responding to a budget deficit that is anticipated to be close to $7 billion.

Republican Dan Severson (Sauk Rapids) said "If we're not willing to put ourselves and our salaries up for debate, then we won't have a lot of credibility among the people we hear from during these meetings." Minnesota law establishes a 16 member Compensation Council to provide salary recommendations for the Governor, Lieutenant Governor, Sectretary of State, State Auditor, Attorney General and legislators. The Legislature can, if they wish, adopt what the Council recommends, modify recommendations or establish their own pay.

In comparison to other States, Minnesota ranks 16th, paying its Legislators an annual salary of $31,140. California Legislators are paid the most at $113,000 a year. At the low end, South Dakota pays just $6,000. The Republican proposal would reduce pay accross the board by 5%, saving the state roughly $676,441.20 each biennium.

Critics say this looks like its a mostly symbolic gesture since reducing the budget deficit by $670K when it is currently estimated to be north of $7 billion dollars amounts to a drop in the bucket. Furthermore, it would reduce pay by only about $29.96 a week for Legislators. Others say that Law Makers should be spending their time looking at ways to save more critical Government services instead of proposing largely symbolic measures.

The proposal will likely resonate with Minnesotan's who've been forced to tighten their own belts and who are fearful about their jobs and the economy in general. No doubt this will play well on talk radio, its likely to gain any serious support in the DFL controlled Legislature, Lawmakers are struggling with how to reduce the budget in more meaningful ways and still be able to preserve essential services. Sen. Linda Berglin who chairs the Health & Human Services Budget Committee stated flatly "some of the areas he's held harmless are going to have to be on the table." refering to Gov. Pawlenty's budget proposal cuts of $370 million dollars.

In the end, Minnesotan's are not going to be greatly interested in proposals that make good soundbites, but instead solutions to the massive shortfall facing the state and more importantly, how that will impact them directly.

.

Monday, February 16, 2009

Coleman V. Franken - 20 Minutes Today

Saint Paul, Minnesota (RFN)
By Marty Owings

There was roughly twenty minutes of court today including brief testimony before the three Judge panel called it a day. There were considerable backroom negotiations taking place today in an effort to agree on which ballots would be accepted by the two parties.

Last week the Court excluded twelve categories of rejected absentee ballots which narrowed the total number of ballots to be reconsidered from 4500 to roughly 3500. This is considered a blow to the Coleman case since, in theory, it reduces the number of opportunities in which they might pick up additional votes. And with Franken leading by roughly 250 votes, some experts think it would be very difficult for the Coleman side to overcome that lead.

Coleman's attorneys have asked the judges to reverse their ruling and now want them to consider counting rejected ballots in the same way others were tallied. Their argument is based on the fact that about 100 ballots in the excluded 12 categories would have been accepted as part of the Canvasing Boards recount last month.

Much of this legal maneuvering may be setting up a future appeal if the Coleman campaign loses their challenge. David Shultz, a Hamline Law Professor believes that would be a long shot, but added "its a first step if they're thinking of doing an appeal."

The Court would like both sides to find ways to shorten the process. Judge Hayden today mentioned that the short session would give both parties time to continue negotiations.
The trial resumes tomorrow morning at 9:00 a.m.
For more, visit www.myradiofreenation.com

Friday, February 13, 2009

Coleman Dealt Blow In Recount Trial

Saint Paul, Minnesota (RFN) – The Coleman legal team was dealt a significant setback tonight when Judges in the case ruled that rejected absentee ballots being considered for recount will be substantially limited. In making the ruling, the three Judge panel pointed out that they were confident that the system did not greatly disenfranchise voters, the basis for much of the legal challenge by Coleman. In addition, they stressed that each side must prove the votes they want counted were legally cast and that showing a ballot was wrongfully rejected is not enough.

The Judges eliminated ten of the possible nineteen categories of absentee ballots that could have been considered stating they "are not legally cast under relevant law." These categories will include ballots absentee ballots by non-registered voters, unsigned absentee ballots, unsigned absentee ballot envelops with a ballot inside and any absentee ballot's that were dropped off in person.

If you're keeping score at home, Franken leads in the recount trial with 248 votes. Today's ruling narrows the number of votes to be recounted from 4,800 to roughly 3,500.

We will resume live coverage of the trial on Monday when the Court reconvenes.

Contentious Voter ID Hearing

Saint Paul, Minnesota
February 12, 2009

Today at the State Capitol things turned from Minnesota nice to Minnesota ice as Rep. Steve Emmer and former Secretary of State Rep. Mary Kiffmeyer, both Republicans presented thier Voter ID Bill (HF57) to the Local Government Operations, Reform, Technology and Elections Committee.

The bill would require Minnesota voters to present a valid photo ID at their polling place before they could cast a vote. The bill would also have provided for provisional ballots for voters who fail to present their ID.

Both Emmer and Kiffmeyer provided testimony and statistics which were challenged by Committee Democrats including Rep. Paul Marquart who called the proposed bill "A problem looking for a solution" and callen into question the integrity of the data presented by Emmer. Rep. Emmer responded by suggesting that it was getting personal and that there was a more "appropriate" place and time to have that discussion.

Witnesses included Professor Dave Shultz who sited his research which showed that there was "negligible" evidence of voter fraud in Minnesota. Current Secretary of State Mark Richie supported this in his testimony saying that "Voter ID would have a zero effect on voter fraud" because he could find no cases of voter impersonation in Minnesota's elections.

Lucky Rosenbloom, tesitified on behalf of the bill saying it would ensure members of the Black community would not be denied a vote because of improper identification. He held up his Xcel energy bill at one point, asking committee members if anyone would like to pay it. He said an ID would ensure a vote.

In the end, the vote was along party lines with one exception, Rep. Phil Sterner - DFL who voted for the Bill. The Local Government Operations, Reform, Technology and Elections Committee voted 11-8 not to approve the bill.

A companion bill sponsored by Sen. Amy Koch a Buffalo Republican, awaits action by the Senate State and Local Government Operations and Oversight Committee.


Thursday, February 12, 2009

Chief Tries To Justify Police Brutality



In this video, the Fresno Police Chief tries to justify the actions of these two Police Officers after they are caught on amature video beating a homeless man.

Tuesday, February 10, 2009

Coleman V Franken - Day 12 - News Conferences

Major development of day 12 was that Franken picked up 23 additional votes when the three-judge panel granted a motion by 61 Franken supporters to have their votes counted. The disposition of the remaining 38 votes is still to be determined.

The Franken camp was clearly happy at the decision, but so to was Ben Ginsberg, Coleman's Lead Attorney who said "I thought it was really encouraging". And he had cause to be happy as this opens the door for the Coleman camp to have many previously rejected ballots examined and perhaps counted.

Here is video of the afternoon Press Conference by both sides Attorneys.


Friday, February 6, 2009

Coleman Vs. Franken - Spin And Revalations

Saint Paul, Minnesota - February 6, 2009

I apologize for the shaky start to the video segment, I was setting up the camera and out popped a Senator. At any rate this is Mr. Coleman and his Attorney commenting after it was revealed that some heretofore unknown ballots had been found in Anoka. With the potential of a three vote swing, Senator Coleman seized the opportunity to highlight the positive.

Filmed on location at the Minnesota Supreme Court.

Short Interview with Senator Coleman

I ran into Senator Coleman during a court recess. He happened to be buying a pop from the vending machine near the Press area. I asked him how he was holding up and what he thought of the process so far. Sen. Coleman said he was doing fine and that he thought the process taking place was something the people of Minnesota wanted. He added "The process here will insure that every vote will be counted and that whoever wins the race, I'll be happy with that result. If they get it right, great, great then everyone will be happy. Assuming they look at all the ballots what is there to complain about?"

I asked him how he felt about the fact that Minnesotan's were only being represented by one Senator as long as the trial continues? "I think the people of Minnesota want to see a fair process here and know that their votes were counted. I've been listening to people who are angry that thier votes weren't counted and we need to weigh that." he said.

When I asked about his politcal future, the Senator was a little more uncertain. "Look, I've been in this business thirty years, who knows right, we'll just have to wait and see." he said. I asked if he'd seen the article in the City Pages asking him to step aside. He smiled politely and said "I don't read the City Pages."

Tuesday, February 3, 2009

Republican National Convention - Some Questions Finally Answered

Today the Court finally threw out the final case against the so called RNC 8. A group of people accused of felonies, including domestic terrorism.

During the RNC, as I watched and reported the events unfolding those four days, we were screaming about this on Radio Free Nation. One of the responses I got from someone who visited our site...."If this was such a big deal, why don't we see this on FOX or ABC?"....another question was "Are you serious, do you really think the Sheriff would arrest innocent Americans?"....still another question was.."What do you care about a bunch of Anarchist criminals?"

A lot of questions have been answered since these cases have come to court. Still more questions have been answered by the deafening silence of the Ramsey County Sheriff...the Sheriff who was so vocal about the pre-emptive arrests. But where was the courage of our City leaders to stand up when this was happening? Where was the accountability from our City leaders for what did happen?

The only person in Saint Paul City leadership that seemed to give a damn was Dave Thune. Like him or not, he was the most vocal in his criticism of the events that occurred and the arrests. Personally, I think Councilman Thune did what was right and he did it when his peers and leaders and law enforcement DID NOT. For that, he deserved our admiration and respect, instead his critics tried to marginalize him as some nut case liberal. Truth is, he may be the only one left in City Hall with the courage to really lead.

There's a thin line between democracies and dictatorships....all it takes is for you and I to ignore things like this long enough...yeah, its that important.

Too dramatic you say? Think of it in this context...and then do some homework. History is littered with despots and tyrants who came to power because the people, people like you and I, failed to question their use of authority. They failed to stand up at critical times and say NO MORE to those who were either miss-using their power or misguided enough by their own fear to believe they were doing something good.

Lest you think this isn't your problem, consider this....America now imprisons more of its citizens than any other nation on the planet. When polled, most American's said they'd be willing to give up certain Civil Liberties in exchange for security.

Here are some questions I think we still need to answer as a community. Have you let fear dictate your actions? Have you let fear silence you? Have you let apathy guide you? Are you waiting until your own rights are violated? What about the rights guaranteed to us in our Constitution, are you willing to let those slip?

800 people arrested. Dozens of Journalists jailed. Eight people charged with felonies related to DOMESTIC TERRORISM. China, Russia, Cuba, Iran?..NO, Saint Paul, Minnesota.

Truth To Tell

TRUTH TO TELL
FM 90.3/Minneapolis-106.7/St. Paul and STREAMING LIVE AT KFAI.org

WEDNESDAY, FEBRUARY 4 - 11:00AM - LIVE SPECIAL

LIVE From the OPEN CITIES HEALTH FAIR at Wilder Foundation Headquarters in St. Paul:

A BLACK HISTORY MONTH discussion:

HEALTH DISPARITIES IN COMMUNITIES OF COLOR:

Access or Responsibility? On first blush, it would be no surprise if we learned that access to good health and adequate health care would be less available within Twin Cities Area communities of color. Access to the resources for preventing illness and injury as well as acute care for sickness and trauma would seem to be less available among folks who live in poverty and that appears truer of African-Americans, Latinos, Asians and other New Americans.But is it? Are the resources actually plenty, but their actual uses meager?

Why do so many people use emergency rooms and not doctors and clinics for care best received in less expensive settings?

Host ANDY DRISCOLL talks with community health professionals about the data and the reality of adequate care and accessibility among people with low incomes and a tradition of discrimination in many public services. Can patients be held more responsible for their care and conditions than we do?

GUESTS:MITCHELL DAVIS, JR., Director,OFFICE OF MINORITY & MULTICULTURAL HEALTH-MN Dept. of Health
CHAR LANKFARD, Doula, Certified Community Healthcare Worker (CHW)- Open Cities Health Center, St. Paul
AKHMIRI SEKHR-RA, Health Systems Navigator, Doula - Powderhorn Cultural Wellness Center AND YOU! COMMENTS? QUESTIONS? CALL IN: 612-341-0980 _______________________________________________________________________________A CivicMedia/Minnesota production
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In this day and age of an increasingly irrelevant mainstream media lost in its own cacophony of hysteria and self-absorption, "Truth to Tell" is a shining example of hope - William Moyers