Keepingitreal

Prison or probation? Mehserle judge gets arguments

(10-26) 16:46 PDT OAKLAND -- To prosecutors, the trial of former BART police Officer Johannes Mehserle proved that he "abandoned all judgment and training and became part of a sweeping swell of officer aggression" when he killed unarmed train rider Oscar Grant.

To defense attorneys, jurors learned that Mehserle accidentally shot Grant while intending to subdue the 22-year-old with a Taser during a difficult arrest, making "a tragic and irreversible error while trying in good faith to do his job."

The interpretations were laid out Tuesday in legal briefs filed with Judge Robert Perry, who is scheduled to sentence Mehserle on Nov. 5 in Los Angeles County Superior Court.

Prosecutors are making a case for prison time for Mehserle, 28, who was convicted of involuntary manslaughter in July and has been jailed in Los Angeles ever since. The defense seeks his release on probation.

The court filings underlined a continuing disagreement at the heart of the case. Defense attorney Michael Rains said it was clear that jurors believed the New Year's Day 2009 shooting at the Fruitvale Station in Oakland was an accident when they rejected murder and voluntary manslaughter charges - both of which require prosecutors to prove an intent to kill.

However, Deputy District Attorney David Stein pointed to the jury's separate finding that Mehserle had intentionally used a gun. "While (the) defendant attempted to convince the jury that the shooting was an accident," Stein wrote, "the jury found otherwise."

Perry cannot call jurors back to court to question them on how they arrived at their verdict. None of the jurors has spoken publicly.

Mehserle faces five to 14 years in prison for involuntary manslaughter and the use of the gun. However, legal experts said, state law allows a judge to grant probation for involuntary manslaughter under unusual circumstances. And Rains argues that the gun-use enhancement should not apply to police officers, who carry weapons as part of their job.

In his filing, Stein said Mehserle deserved prison time because he had acted recklessly, taking advantage of a position of trust while killing a vulnerable victim. The use of the Taser defense, Stein wrote, undermined police-community relations.

Rains countered that Mehserle - a young man with an unblemished record - had decided to devote his life to protecting the public, only to lose his career and become the object of public scorn "in half a second, with no ill intention, and at least in part as the result of inadequate training and experience" at BART.

Health law may end job-based coverage

WASHINGTON – The new health care law wasn't supposed to undercut employer plans that have provided most people in the U.S. with coverage for generations.

But last week a leading manufacturer told workers their costs will jump partly because of the law. Also, a Democratic governor laid out a scheme for employers to get out of health care by shifting workers into taxpayer-subsidized insurance markets that open in 2014.

While it's too early to proclaim the demise of job-based coverage, corporate number crunchers are looking at options that could lead to major changes.

"The economics of dropping existing coverage is about to become very attractive to many employers, both public and private," said Gov. Phil Bredesen, D-Tenn.

That's just not going to happen, White House officials say.

"The absolute certainty about the Affordable Care Act is that for many, many employers who cover millions of people, it increases the incentives for them to offer coverage," said Jason Furman, an economic adviser to President Barack Obama.

Yet at least one major employer has shifted a greater share of plan costs to workers, and others are weighing the pros and cons of eventually forcing employees to strike out on their own.

"I don't think you are going to hear anybody publicly say 'We've made a decision to drop insurance,' " said Paul Keckley, executive director of the Deloitte Center for Health Solutions. "What we are hearing in our meetings is, 'We don't want to be the first one to drop benefits, but we would be the fast second.' We are hearing that a lot." Deloitte is a major accounting and consulting firm.

"My conclusion on all of this is that it is a huge roll of the dice," said James Klein, president of the American Benefits Council, which represents big company benefits administrators. "It could work out well and build on the employer-based system, or it could begin to dismantle the employer-based system."

Employer health benefits have been a middle-class mainstay since World War II, when companies were encouraged to offer health insurance instead of pay raises. About 150 million workers and family members are now covered.

When lawmakers debated the legislation, the nonpartisan Congressional Budget Office projected it would only have minimal impact on employer plans. About 3 million fewer people would be covered through the job, but they'd be able to get insurance elsewhere. CONTINUE READING

Morehouse Men React To VIbe Magazine

An Open Letter To VIBE By David Wall Rice and Sinead Younge October 18, 2010

Vibe magazine's recently published article dealing with several young men at Morehouse College referred to as the "Plastics" has again placed the institution in the midst of heavy criticism around issues of tolerance and acceptance. The young brothers who went on record with the periodical explained instances of misfit within the college, and within the gay community of which they are a part, based largely on their wearing women's clothing and accessories. Since adopting the appropriate attire policy in 2009, public narratives have dogged Morehouse College as being a bulwark of homophobia. This based almost exclusively on the stipulation that men wearing women's clothes on campus is not tolerated with little regard for the main foci of the policy, professional presentation and comportment. The best of Morehouse College is gay and straight. And, to be sure, there are spaces within the fabric of the institution that are intolerant where tolerance is particularly called for. Those are parts of the College that we are not proud of and that we work daily to be better than. But to suggest intolerance as Morehouse's default is wrong, that is not who we are - this is what we fight against. Our community recognizes one another as family. But this is not the image of Black men that fits neatly to the design of media and pop scholarship. To conflate what a man cannot wear on campus with the identity of that man, and with the identity of the institution is narrow and misrepresents the complexity of Black men and the imperatives necessary to build Black men in the 21st Century.

The Morehouse College administration has explained the appropriate attire policy as dynamic, and substantive dialogue around the policy has and will continue to occur, as it should. But to snipe at the institution from afar and to imply that Black men cannot hold their brothers and their sons accountable in ways we understand as being responsibly directive is insulting and suggests an academic approach where intellectual rigor is called for. We are of the opinion that the Vibe article is sensational entertainment that has too freely reduced important issues to salacious spin. The concern here is that critical discourse has been compromised in the same vein, to the detriment of community. Respectfully, David Wall Rice & Sinead Younge Assistant Professors, Department of Psychology Morehouse College

 

Judge Orders Rapper T.I. Back to Prison for 11 Months

ATLANTA (CBS/AP) Rapper T.I. will soon be heading back to jail.

A federal judge ordered the Atlanta native back to prison for 11 months after revoking his probation.

The multi-platinum rapper, whose real name is Clifford Harris Jr., appeared in court Friday in Atlanta following his arrest last month in Los Angeles on suspicion of drug possession.

T.I., 29, begged the judge not to send him back to prison, saying he needed to get help for drug addiction. He told the judge he "screwed up" and pleaded for mercy.

U.S. attorney spokesman Patrick Crosby said Harris will voluntarily surrender.

The action comes just days after th rap star helped police talk a man out of jumping from a 22-story building n downtown Atlanta.

Officer James Polite says the hip-hop star joined the crowd outside the office building Wednesday and told officers he wanted to help. Police said the man agreed to come down in exchange for a few minutes face-to-face with T.I.

Say goodbye to traditional free checking

NEW YORK – Free checking as we know it is ending.

The days when you could walk into a bank branch and open an account with no charges and no strings attached appear to be over. Now you have to jump through some hoops — keep a high balance, use direct deposit or swipe your debit card several times a month.

One new account at Bank of America charges $8.95 per month if you want to bank with a teller or get a paper statement.

Almost all of the largest U.S. banks are either already making free checking much more difficult to get or expected to do so soon, with fees on even basic banking services.

It's happening because a raft of new laws enacted in the past year, including the financial overhaul package, have led to an acute shrinking of revenue for the banks. So they are scraping together money however they can.

Bank of America, which does business with half the households in America, announced a dramatic shift Tuesday in how it does business with customers. One key change: Free checking, a mainstay of American banking in recent years, will be nearly unheard of.

"I've seen more regulation in last 30 months than in last 30 years," said Robert Hammer, CEO of RK Hammer, a bank advisory firm. "The bottom line for banks is shifting enormously, swiftly and deeply, and they're not going to sit by twiddling their thumbs. They're going to change."

In the last year, lawmakers in Washington have passed a range of new laws aimed at protecting bank customers from harsh fees, like the $35 charged to some Bank of America customers who overdrafted their account by buying something small like a Starbucks latte.

These and other fees were extremely lucrative. According to financial services firm Sandler O'Neill, they made up 12 percent of Bank of America's revenue. On Tuesday, the bank took a $10.4 billion charge to its third-quarter earnings because the new regulations limit fees the bank can collect when retailers accept debit cards.

Bank of America CEO Brian Moynihan acknowledged in a conference call that overdraft fees were generating a lot of income. But the bank was also losing customers who were often taken aback by the high hidden fees.

Checking accounts were being closed at an annual rate of 18 percent, he said, and complaints were at an all-time high.

Swagga Digital Magazine Fall Issue

Swagga Digital Magazine Issue 4:

Fall 2010

By Ronald Fulcher in Fashion & Style

Swagga Digital Magazine is a quarterly publication illuminating people of color, from different backgrounds in four (4) areas, including fashion, lifestyle, culture and music. We feel there is a need for our publication for people of color that focuses through photographic illustration on the other aspects of their lives. In addition, we try to promote books and reading, healthy eating, style, and community organizations making a difference in th…

Benefit of Life "Saving Lives Through Fashion"

SAN FRANCISCO - 08OCT10 - The Beauty of Life Sickle Cell Awareness Charity Fashion Show Benefiting Children's Hospital & Research Oakland California. The event was held at Julian's in the Metreon in San Francisco. The event began with a very poignant video presentation that gave you an outside look at how Sickle Cell Anemia affects the lives of those living with the disease. African-Americans are primarily affected by sickle cell anemia and it awareness is definitely warranted. There were in attendance a mixed group of fashionistas, lawyers, doctors and curiosity seekers. The Master of Ceremonies was Reverend Alvin Herring. There were 4 certificate presentations, to Elliot Vichinsky MD, Director of Hematology/Oncology at Children's Hospital and Research at Oakland, Keith Quirolo MD, Clinical Director Aphaeresis Program, Eileen Murray, Sickle Cell Coordinator Educator Project Coordinator, Talking Drums Project Children's Hospital & Research Center Oakland Hematology/Oncology Department, and Marsah Treadwell, Ph.D., Associate Clinical Scientist at Children's Hospital & Research Center Oakland (pictured). There were fashion designs by Nancy Deloss Reyes, Anya Zuyeva, Anthony Aleman, Marianne Faulker, R.Shay Miles, and Dao Thabthinkoson, also jewelry by Miz B by Leila Radan. The music was provided by Guen Lotin (G/Mix/SF DJ Winner of the Year). The show was produced by Juanita Scott and the creative director was Stanley K. Russell II.  CHECK OUT THE PICTURES

Review: Evans delivers soulful, predictable songs

By MELANIE SIMS, Associated Press Writer 

Faith Evans, "Something About Faith," (eOne Music)

Faith Evans' musical style hasn't changed much over the years, and her sixth studio album, "Something About Faith," delivers the latest batch of soulful yet predictable ballads from the R&B singer.

Evans reveals a more elegant sound with first single "Gone Already," showcasing her slightly trembling vocals over piano and a subdued bass line. And the super smooth "Right Here" and bedtime ballad "Baby Lay" are just as great, with Faith seamlessly slipping her gospel-ready voice into a sexier tone.

But the album's downfall is in its production. Evans sounds choked, straining to be heard over the music behind "Can't Stay Away," which sounds much better suited to collaborator Keyshia Cole. The upbeat "Party" sounds dated, and the inclusion of Redman on the track only drives home that point.

Evans tackles hard living on "Everyday Struggle," featuring Raekwon, but the social message seems forced. And Snoop Dogg adds a nice touch to the somewhat cheesy "Way You Move," where Faith gushes "your style is crazy, sexy, baby."

Gospel powerhouses Kelly Price and Jessica Reedy join Faith on "Troubled World." It's the one collaboration that truly works, and the only track that manages to show the true depth and richness of the voice that has gotten Evans this far.

CHECK THIS TRACK OUT: A fed up Evans prepares to deliver walking papers to a low-performing love interest on the jazzy, funky "Worth It."

 

Fall Issue Swagga Digital Magazine

Accuser's Message to Bishop Long