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Justice Delayed In Barnes Teen Murder Case Trial: State Overwhelms Defense With Thousands Of Discovery Documents And Hints More To Come.

It was a familiar scene in the West Lexington Street Courthouse in downtown Baltimore. Accused killer Michael Johnson was lead into the court room shackled and prepared to stand trial for the killing of Monroe, N.C. honors teen Phylicia Barnes. Only this time Johnson’s appearance was brief as both attorneys for the State and Defense agreed that more time was needed to sort through reportedly 17,000 documents from the case’ Discovery filing, generated from investigations conducted by the Federal Bureau of Investigations, Maryland State Police, Harford County Sheriff’s Office, and the Baltimore City Homicide Division respectively. Although the postponement is bitter-sweet for Barnes family members, and a concerned public, the delay shed new insight into Johnson’s bolstered Defense Team. Johnson’s legal counsel has grown with three additional attorneys filing their appearances on his behalf. The addition of another Law Firm has peaked interest of followers in this tragic case, but the revelation of the State having filed such a volume of evidence in it’s Discovery demonstrates that Johnson’s defense necessitated assistance digesting all of the State’s documents. One of Johnson’s Defense Counsels Ivan Bates, who represents Johnson along with Russell Neverdon and Tony Garcia, even admitted himself that the State’s case was overwhelming, saying “It’s a lot of work” to review”. Lead Defense Counsel Russell Neverdon said he’s confused by the police claims in this case, particularly after reviewing their investigation files, and he contends that law enforcement is relying on “the old cliche” of blaming the person who admits the latest interaction with the victim. Neverdon’s comments obviously are mere posturing, because the latest filing in the case reveals that the Defense has waived Johnson’s Hicks rights (A Law that grants criminal defendants a right to a speedy trial; typically within 180 days). If Neverdon’s position truly supports a weak State’s case, the Defense would almost certainly have argued to proceed with trial today. More importantly, 17,000 pages of discovery evidence is no cake walk, and Johnson’s attorneys know it. The Defense can “cry wolf” that the case against Johnson is circumstantial all they want, but such a discovery, even on it’s face tends to point to an upheaval, and a stringent fight toward the desired acquittal of their client. Another interesting factor which points to defense posturing is Neverdon’s comments when questioned about a possible plea deal. Johnson’s lawyers said there has been no talk of a plea deal yet, and won’t be until they’ve had a chance to fully review the state’s case. Such a statement certainly appears to leave the door wide open for that option down the road, and shoots down the defense’s public display of confidence in their ability to obtain an eventual acquittal of  Michael Johnson. Johnson’s defense admission of an overwhelming discovery filing, the Hicks waiving, and their straddling the fence when responding to plea deal inquiries, sounds a different tune regarding their confidence in this case. In short they appear to be reeling in the face of a potential prima fascia State case against Johnson. Moreover, State Attorneys claim there is even more to come in this case. That statement was void of details as the State remains unusually tight-lipped, and the objective observer must refer back to Judge John A. Howard’s remarks during Johnson’s Bail Hearing. One of the chief premises for Johnson’s bail denial is that Howard believed Johnson was a danger to society, while stating “to those closest to him”. While the state hints at even more discovery, these facts present an extremely compelling argument that parties within Johnson’s own camp may have flipped, possibly to save their own necks, and may even testify against him. The Case Filing on May 23, 2012 for a MOTION FOR JOINT TRIAL OF DEFENDANTS AND OFFENSES & a NOTICE OF PLEA BARGAIN POLICY remains a mystery, and continues to offer intangible clues to where this case is actually headed. The filings may have prompted the inquiries from the media about a plea deal. Why a Motion was filed for a Joint Trial of Defendants is unclear, however, it stands out as unique and odd during the process of a Capitol Crime in which there has only been one defendant named publicly. Justice delayed doesn’t necessarily mean justice denied, and we remain hopefully that the facts surrounding what really happened to young Phylicia Barnes comes to the light.

 

 

The People’s Champion

I’m David Adams

Olympian Gabrielle Douglass Gold Medal A Hairy Issue: Critics Come From Most Likely Source Of Self Hate

The Native Virginia Beach teen literally shook up the world after winning the Woman’s Gymnastics All-Around Crown at the 2012 Summer Olympics, a feat never before accomplished by an American woman of color. She soured her way into the hearts of  Olympians and a vast global audience who cheered her on along the way. Her near effortless talent as a gymnast solidified her as the absolute best performer on the grandest stage in the world. Gabrielle Douglass did her Mom, Dad, and hometown proud with a performance almost certain to become remembered as the absolute best individual effort ever, by an African-American gymnast at the Olympics. As the Olympic Gold Medalist marched around 02 stadium in Britain draped with “Ole Glory”, another development reared its ugly head attempting to tarnish one of the greatest moments in World Sports history. Soon after Douglass took the podium to claim her Gold, comments began to emerge in social media which chastised the teen for what some would simply deem a bad hair day. Unsurprisingly though, many of the comments derived from other women of color who claim that “A Black Woman must represent her self in the best light at all times”, especially during an occasion such as this. Some women appear to have taken issue with the fashion in which Douglass wore her hair during her Olympic performances. The drama caught wind in the media from news affiliates whom are almost always eager to cast a negative light on the slightest accomplishments of famed Black-Americans. The comments came as a shock to many around the world, but in the African-American community here in the United States, such comments are only business as usual to many blacks who know the mindset of our community. American Blacks suffer from the disease of self-hatred that was indoctrinated into our people during the slave trade era. It’s not simply a matter of crabs in the barrel, but we continue to perpetuate a learned dislike for our own natural beauty. I’ll go on record right now by adding, if anyone can look at Gabrielle Douglass and conclude that she is, and was unattractive during her Olympic performances, then I suggest they run to the nearest Optometrist at their earliest convenience. Only a simple minded, envious nut case, and full of Haterade kind of person could find something negative to say about such a beautiful child. The kid riveted with an impassioned smile and displayed a unique candor with her body language unmatched by her Olympic peers. I am lost understanding why some black women did not see this. It’s just sad, even as Douglass’s popularity grew launching  her into the eventual crowd favorite, that some of her own people found it necessary to unleash childish, catty and little girl like comments about one of the most prolific athletes of our time. The comments depict exactly how sick some people of color really are. Once the comments were rebuffed by an appalled world fan base, many took the time to explain to bubble-head women who made comments, that athletes actual sweat, the perceived bad hair do was more than likely a clever idea by Douglass when considering the texture of African-American hair pertaining to its reaction to moisture. Her hair more than likely would have fallen flat anyway once she began her routines. However, this is dialogue for mature logical thinking people who’s lives are not predicated on what others perceptions are of them, or that of gossipy messy females who aspire to blend into a Euro-centric hair style culture. I mean what ass-holes they are. It’s incredible that in 2012 women of color in America remain such petty bitter bitches that the hair style of a teenage child has become such a distraction to them. It would be safe to say that the exact same women are probably major contributors to synthetic hair manufactures, all along while securing the prosperity of these same businesses, and insuring that they themselves remain in a state of mental slavery, oppression, and ignorance. What nerve they have. It’s with a distinct pleasure that The People’s Champion salute Ms. Gabrielle Douglass, her Mom, and her Dad on such an awesome accomplishment. Gabrielle Douglass, an American Olympian, and Gold Medalist. You did us all proud Gabby!

Gabby relaxing at her Iowa Home while showing off her flexibility.

 

This is what Champions are made of.

 

The People’s Champion

I’m David Adams

Waiting On Justice In Barnes Teen Killing: TPC Not Done Championing The Pretty Little Girl’s Murder

It may seem as if the attention is no longer focused on who killed the Honors Student from Monroe, N.C. in Baltimore back in 2010. The media coverage has been minimal, readers following the child’s tragic story have dwindled, and now with accused murderer Michael Johnson preparing for an August 13 court date, it’s fitting that I publicly reiterate just how senseless, heartless, and horrific of an ordeal that this entire case has been for those who knew and loved Phylicia Simone Barnes.  None of us who have closely watched this case could ever even began to image the pain and suffering that the late child’s parents have endured. The lost of such a promising child was exacerbated by attacks from the public, questioning their judgement, critiquing their comments within the media, and spewing other ungodly like innuendo at the child’s parents as if they had murdered their own child themselves. Through it all the Mustafa Family fought back, taking to the airwaves to dispell untruths and rumors that they say were started by their daughters father’s side of the family. Unfortunately, what should have been a united front from both sides of the Barnes family, spilled over into an ugly public debacle of finger-pointing, and the rehashing of old wombs that was depicted in a gut wrenching and heartfelt commentary be the late teen’s mother, Janice Mustafa. I also had to withstand and endure attacks from the public as well as the Barnes Baltimore family. Despite the constant criticism from all sides of the horrific crime, I stand firmly behind my decision to cover this murder case, and for my interviews that I have conducted with parties closely associated with this case. When young black kids go missing, they seldom gain National Media attention like children from white communities. The African-American community has been depended upon the media, police authorities, and others outside of our community to resolve issues related to crime, social discord, and our children for far to long. Many of the criminal cases that occur in black neighborhoods could potentially be resolved within the first few days if citizens within many of these crime plagued communities would simply take a stand and provide the necessary information that would enable police to obtain an arrest. The burden of guilt also lay squarely on the shoulders of black people who cower in their homes after having witnessed crime or are in the know of pertinent information that could bring criminals to justice. The Barnes teen killing is textbook related to my argument of non-involvement from the black community. The volume of people who frequented Deena Barnes’ apartment coupled with all of their accounts of not having any information at all about what happened to Phylicia Barnes, is descriptive of an apathetic standard which permeates the African-American community as it relates to crime, even heinous crimes such as this, in which one of black people’s brightest hopes has fallen to the epidemic of violent culture within many urban cities across America, and their silence perpetuates a slave mentality that has reigned over our people which dates back to the worst social period in this country’s history when our ancestors lived in bondage on these shores. Yet, many from the public have deemed it necessary to attack Janice Sallis-Mustafa for allowing her child to visit her half-siblings in Baltimore. These perspectives derive from people who for what ever reason have completely ignored the fact that the mother was lied too. I believe Janice when she says that she spoke with Deena Barnes at length on the guidance she expected while her precious daughter was under her care. The fact that Phylicia herself hid certain details on the kinds of activities she was allowed to engage in, clearly shows that the mother wouldn’t have allowed her to return for future visits had she been aware, and that she was also a proactive mom who cared about the well-being of her child. Despite who may ultimately be held accountable for the child’s murder, the lies that were told to Janice Mustafa were critical in the mother’s decision to grant Phylicia permission to travel there in the first place. Also. I must remind people tha another child dropped a bomb shell on the mother prior to her traveling to Baltimore after learning her daughter had gone missing. That kid told Janice that Phylicia had been allowed to engage in drug and alcohol usage during her trips to that city. Later on TPC obtained exclusive images that showed males who frequented Deena Barnes apartment engaging in smoking marijuana and drinking vodka, which is exactly what the child had previously told Phylicia’s mother. The child had never been to Baltimore, and it is highly coincidental that she could describe with exact detail what was actually going on in that apartment. It doesn’t take rocket science to conclude that the child spoke truth, that Phylicia was also allowed to participate in such culture while visiting there, and that Janice Mustafa was in fact lied to by Deena Barnes. The lies, neglect, and poor guidance that aided the child’s killers to take her life is not only disgusting, but it remains ground zero in what happened to this beautiful little girl. As this case heads to court, these underlining facts will continue to be on the minds of people within the public who see clearly through the cloud of deception, and will always rightfully hold the child’s older half-sister accountable for the death of her baby sister. I have only  just begun to start and I’m not done yet!

 

 

The People’s Champion

I’m David Adams

Another Life Transitioned: Valentine Matriarch Best Remembered As Loving Mother

One of the fondest images I’ve ever held of the Valentines is a picture with Cousin Veronica and her four pretty little girls standing on the stoop of their Atlantic City, New Jersey home in the late 1970’s. Ronnie as she was affectionately known to all that knew her, extended her arms covering her offspring in a classic expression of love as if she was presenting her babies to the world. That photo isn’t just an icon family portrait, but for the most part  it epitomized the very legacy of love, togetherness, and family that most people will certainly frame in their minds as the fashion in which she developed her kids, while remembering this caring, kind, and fun-loving person. My memory of Veronica Valentine isn’t predicated on allegiance to family or relative bias, but rather it’s my practical experience of having been counseled, advised, disciplined, and impacted by the spirit of true motherly love she displayed while I interacted with her. Ronnie was an extremely nice person who I personally have never observed being upset about anything or even raising her voice. Her persona projected positiveness, and she made it a distinct point to disassociated herself from negativity of any kind. Like most people who possess unique characters that’s distinct from the norm, Ronnie wasn’t void of ridicule from people who perceived her as arrogant, self-righteous, and better than others. Those opinions from others, even family members, were just that (their opinion), and she never allowed such animosity to deter her from anything. Cousin Ronnie was a woman of Faith. God reigned in her life, and she made that abundantly clear to all. You knew where to find Ronnie on Sunday, as the Lord’s House was her sanctuary, a life practice mirrored by her children to this very day.  My reflection of my cousin isn’t filled with hot air and distortions of the true. All anyone has to know about her to determine the kind of person she was, can easily be measured by simply talking to the four beautiful, distinct, and sweet woman that she raised. My cousins are not being portrayed as  perfect people, no one is perfect or without sin. They are very good people, that’s the truth, and interacting with any one of them will reveal that they were raised in an  environment that derived from love, wisdom, values, and a home that knew the Lord. In fact their characters have always been so alluring that they were considered the envy of their peers. Ronnie was a strong Christian Woman who doubled as a full-time single parent and that obstacle was a mere bump in the road. Ronnie’s personal strength surpassed every obstacle that life brought to her. She was an enormously strong person that I have always admired, respected, and sought advise from.   Her ability to raise her girls in the face of  adversity is simply an incredible story, and embodies how woman of color have been the backbone of their families for centuries.These are facts that I know because I lived it and is also the reason that her passing hurts so very deeply. I have never been angry with her, because I had no cause to be. I can’t speak for my siblings or other family members, but Ronnie treated me as if I was her own child. I don’t know if such affection originated from the closeness that she shared with my late mother, but she always treated me as family in ever since of the word. Veronica Valentine was an iconic family figure and her having passed is one of the most difficult days of my life. I will miss our talks, her loving personality, and most importantly I’ll miss how kind she was to me. Cousin Ronnie has gone on to be with the Lord now, but she has left this earth having completed her work. Though I will never see her in the flesh again, those four beautiful girls will be a constant reminder to me that we are still family, and they are the gift she gave to this world.  I pay homage to Veronica Valentine today and thank her for the loving spirit she shared with me. I am grateful to have such a blissful woman touch my life. I love you Ronnie and I’ll think of you every day the rest of my life. God speed.

 

The early days: Cousin Veronica Valentine with her four pretty little girls dressed in their Sunday’s Best circa 1970’s in Atlantic City, New Jersey!

 

(I can’t help but laugh while fighting back tears looking at this picture. Kim (all white) has the biggest smile), Lynn (baby blue) looks as if she is the star and should be the only one in the picture, Danita (green plaid) looks like she is watching the ice cream truck go by, and Donna’s plaid coat and matching hat is simply a classic family portrait. I love each and everyone of ya’ll)

 

Your Cousin

David

Two New Attorneys Bolster Johnson’s Defense In Barnes Teen Murder Trial: Recent Court Fillings Subpoena Tangible Evidence

In what appears to be gearing up as one of the most highly anticipated murder trials for the City of Baltimore in recent memory, court filings show momentum toward the scheduled August 13, 2012 trial date for accused killer Michael Maurice Johnson. One day after Johnson stood primarily silent and shackled before a Circuit Court Judge, his defense team acquired two new counsels who filed their appearances in this case. On Jun 21 Tony Garcia esq. and Ivan Bates esq. filed ADFs as attorneys for the defense. The filings bolsters the defense counsel from three to five attorneys now officially connected to the Phylicia Barnes murder trial who are now defending Michael Johnson. Prosecutors allege that Johnson, who was reportedly the last person to see young Phylicia Barnes alive, strangled the child and transported her body out of a Northwest Baltimore apartment in a large tub style container. Although, the state hasn’t hinted at possible physical evidence which links Johnson to the killing, other recent court filings seem to point to at least some kind of actual physical evidence in the case. On July 3 there were other filings that relates to tangible evidence. There was actually a motion filed to subpoena tangible evidence in the case. That filing was followed by a trigger date of July 11, 2012. Filings of this nature are mere procedural as each side begin mounting crucial evidence that supports their arguments in the case. However, it’s widely believed that the evidence subpoena is more than likely for telephone or social media records and the medical examiners reports which may help shape the state’s case while proving Johnson actually killed the studious honors teen. Early on during the investigation of the Barnes teen killing, Federal authorities sought social media accounts of the Barnes teen, Michael Johnson, his kid brother Delanie, Denna Barnes, and another unnamed male associated with the case. The subpoena probably was a prosecutorial filing because the state’s entire outlined case against Johnson must be turned over to the defense in accordance with discovery laws at some point prior to the scheduled court appearance.  Subpoenas are typically measures taken to insure that evidence which normally wouldn’t voluntarily be entered as evidence, is in fact at the state’s disposal during trial, and could be mandated by a court of law.  The evidence in this case remains to be seen if any bona fide material even exist. The defense has long claimed that the state’s case is nothing more than mere circumstantial, and charges against Johnson were a rush to judgement as the prosecutor’s lead investigator became a subject of a criminal investigation which alleged he used his police powers to illegally enter private homes in search of his runaway daughter. Johnson’s attorneys say the investigator’s integrity is now under scrutiny, and the state wants the Barnes case adjudicated before departmental charges take center stage against the detective. Whether the defense’ claims hold any bearing or not remains to be seen. However, court filings points to the potential direction of the state’s case against Johnson. A DEMAND FOR CHEMIST filing was entered during the pretrial phase on April 27 2012 and recently another such filing was made on June 21 2012 in the case. Though the filings are again procedural, it clearly demonstrates that some expert will testify regarding the toxins, chemicals or other forensics that were found either on the body or within the Barnes teen’s system at the time of her medical examination. Such evidence could be categorized as tangible if such findings link Johnson or supports some other theory related to how Johnson meted out the pretty little girl’s murder. In all actuality, the court filings can be interpreted in various ways as it is uncertain which side of this criminal case has requested the services of a chemist. Such a request could have been filed by the state and the defense respectively. For instance, the state  may use the expert testimony of a chemist to prove that fibers discovered on the Barnes teen’s body are chemically consistent with fibers and other forensic findings inside the trunk of Johnson’s car or are exact in comparison to fibers on clothing he wore that day. On the other hand, the defense may argue that the Barnes teen’s cause of death wasn’t a result of strangulation as the state has alleged. The defense could use a chemist to prove that Barnes died from alcohol poisoning or a combination of drug and alcohol intoxication. Such a perspective wouldn’t be a stretch at all considering the allegations that Barnes was allowed to use drugs and alcohol while she visited her half-sister’s apartment in Baltimore. Either way that a chemist is utilized in this case, the very existence of a scientific professional of this caliber is a rudimentary in the eventual final disposition determining Micheal Johnson’s guilt or innocence in the murder of Phylicia Barnes. For now the public can only speculate on what these court filings actually mean, while continuing to pray that justice prevails for our pretty little flower, Phylicia Simone Barnes. View the State of Maryland’s Court filing history for Michael Johnson’s murder trial below:


Event History Information
Event Date Comment
CASI 04/25/2012 CASE ADDED THROUGH ON-LINE ON THIS DATE 20120430
WARI 04/25/2012 CAPI;WARRANT CAPIAS ISSUED ;HOWARD, JOHN A. ;MD0040600
WARS 04/26/2012 CAPI;042512;WARRANT CAPIAS SERVED
FILE 04/27/2012 FILED ADF – NEVERDON, RUSSELL A , ESQ 610455
FILE 04/27/2012 FILED ADF – MEAD, MARGARET , ESQ 545692
FILE 04/27/2012 FILED ADF – MEAD, BRANDON , ESQ 545690
HCAL 04/27/2012 P13;0930;420 ;BAIH;HR;DENI; ;HOWARD, JOHN A.;8D3
MOTF 04/27/2012 MOTION FOR SPEEDY TRIAL
MOTF 04/27/2012 MOTION TO PRODUCE DOCUMENTS
MOTF 04/27/2012 REQUEST FOR DISCOVERY
MOTF 04/27/2012 MOTION TO SUPPRESS PURSUANT TO MD 4-252 AND 4-253
MOTF 04/27/2012 MOTION FOR GRAND JURY TESTIMONY
MOTF 04/27/2012 DEMAND FOR CHEMIST
MOTE 05/23/2012 ENTRY OF APPEARANCE
MOTE 05/23/2012 STATE’S REQUEST FOR DISCOVERY
MOTE 05/23/2012 STATE’S DISCLOSURE
MOTE 05/23/2012 MOTION FOR JOINT TRIAL OF DEFENDANTS AND OFFENSES
MOTE 05/23/2012 NOTICE OF PLEA BARGAIN POLICY
TRAK 06/20/2012 ASSIGNED TO TRACK A – 60 DAYS ON 06/20/2012
FILE 06/20/2012 FILED ADF – GARCIA, TONY , ESQ 288350
FILE 06/20/2012 FILED ADF – BATES, IVAN , ESQ 43061
HCAL 06/20/2012 P09;0930;600 ;ARRG; ;TSET; ;BROWN, EMANUEL ;9P6
MOTF 06/21/2012 MOTION FOR SPEEDY TRIAL
MOTF 06/21/2012 MOTION TO PRODUCE DOCUMENTS
MOTF 06/21/2012 REQUEST FOR DISCOVERY
MOTF 06/21/2012 MOTION TO SUPPRESS PURSUANT TO MD 4-252 AND 4-253
MOTF 06/21/2012 MOTION FOR GRAND JURY TESTIMONY
MOTF 06/21/2012 DEMAND FOR CHEMIST
MTAN 07/03/2012 MOTION FOR SUBPOENA / TANGIBLE EVID;TICKLE DATE= 20120711
TRIG 07/11/2012 MTAN;MOTION FOR SUBPOENA / TANGIBLE EVIDENCE

 

 

The People’s Champion

I’m David Adams

Assata Shakur Hunted Decades Later: She Remains Free For Now

When most Americans, Blacks and Whites hear the terms Black Panthers and Black Liberation Army, they turn away and avoid simple dialogue regarding such organizations out of fear of reprisals from government officials or the stigma of being perceived pro-black, and militant. Much of the negative characterization that has lingered around such affiliations, political, and social empowerment groups derived from counter intelligence campaigns like COINTELLPRO which were designed  to suppress the mobilization of Black Nationalist groups that were born in the height of the Civil Rights era in America. Chiefly, racist U.S. officials such as the infamous J. Edgar Hoover, former head of the F.B.I. (Federal Bureau of Investigations) made it a point to use the full power of the American Government to make an example of any black person who dare brazenly, boldly, and courageously rise up and publicly fight against the tyranny, oppression, and imperialism of  the United States.

There are countless prominent African-American figures who were not only targeted by such convert government programs, but many of them ultimately fell as a result of their political and social views that racist public officials deemed a threat to National Security and  the white ruling class’ political order. COINTELLPRO is an acronym for Counter Intelligence Program which used  surveillance, infiltration, discrediting, and disruption of domestic political organizations. Many of the tactics that were used included discrediting targets through psychological warfare; smearing individuals and groups using forged documents and by planting false reports in the media; harassment; wrongful imprisonment; and illegal violence, including assassination. Although illegal covert operations such as COINTELLPRO have been exposed, many who fell target to such scrutiny are still deemed as a threat even until this very day. 

One of the more known cases is the plight of JoAnne Deborah Byron (married name Chesimard)  who is more commonly referred to as Assata Shakur. Assata is a Community College of New York graduate who participated in rallies and became an African-American activist fighting for social change in America. Her political affiliation has ties to the Black Panther Party and the Black Liberation Army. Both organizations were heavily watched by the F.B.I. and almost every member of the two groups became targets of COINTELLPRO. Assata’s troubles began when COINTELLPRO launched a campaign against her that started in 1971. She was accused of multiple felonies that eventually culminated in a successful prosecution and conviction for the murder of a New Jersey State Trooper (strong evidence supports that the police may have dumped the slain cop’s body at the scene of a traffic stop framing Shakur and others driving in the car that day) The below chart outlines all of the criminal charges filed against Shakur, which she was never convicted of except the murder charge of slaying Trooper Werner Foerster. 

 

Criminal charge Court Arraignment Proceedings Disposition
Attempted armed robbery at Statler Hilton Hotel

April 5, 1971

N.Y. Supreme Court, New York County November 22, 1977 None Dismissed
Bank robbery in Queens

August 23, 1971

United States District Court for the Eastern District of New York July 20, 1973 January 5, 1976 – January 16, 1976 Acquitted
Bank robbery in Bronx: Conspiracy, robbery, and assault with a deadly weapon

September 1, 1972

United States District Court for the Southern District of New York August 1, 1973 December 3, 1973 – December 14, 1973 Hung jury
December 19, 1973 – December 28, 1973 Acquitted
Kidnapping of James E. Freeman

December 28, 1972

N.Y. Supreme Court, Kings County May 30, 1974 September 6, 1975 – December 19, 1975 Acquitted
Murder of Richard Nelson

January 2, 1973

N.Y. Supreme Court, New York County May 29, 1974 None Dismissed
Attempted murder of policemen Michael O’Reilly and Roy Polliana

January 23, 1973

N.Y. Supreme Court, Queens County May 11, 1974 None Dismissed
Turnpike shootout: First-degree murder, second-degree murder, atrocious assault and battery, assault and battery against a police officer, assault with a dangerous weapon, assault with intent to kill, illegal possession of a weapon, and armed robbery

May 2, 1973

N.J. Superior Court, Middlesex County May 3, 1973 October 9, 1973 – October 23, 1973 Change of venue
January 1, 1974 – February 1, 1974 Mistrial due to pregnancy
February 15, 1977 – March 25, 1977 Convicted
Source: Shakur, 1987, p. xiv.

 

Additionally, documentary evidence suggests that Shakur was targeted by an investigation named CHESROB, which “attempted to hook former New York Panther Joanne Chesimard (Assata Shakur) to virtually every bank robbery or violent crime involving a black woman on the entire East Coast. The eventual acquittal of most charges against Assata demonstrates that they were trumped-up and never had any merit from the very start. Nonetheless, the state of New Jersey spent over a million dollars in tax payer’s money to win a conviction against Shakur, whose trial like most prominent African-Americans were nothing more than “public lynchings” in “kangaroo courts”. It has always been the policy of some in the racist American government to silence influential blacks based on nothing more than racism alone. It’s clear that New York and New Jersey law enforcement never had a solid case against Assata. The COINTELLPRO campaign against her rallied support from whites in this country who accepted just about everything that the media published about blacks who were deemed “radical”, depicted as violent, and were a threat to the comfort that many whites had become accustomed to during an era in American when many felt black people were gaining too much politically, socially, and way too fast. 

However, the overt racial climate that existed during the Civil Rights Movement has now dissipated, and the fact that law enforcement officials of today continue to increase the bounty for the capture and incarceration of once prominent black political figures such as Assata Shakur speaks volumes regarding the true extent of just how much the Government’s policy has actually change related to the advancement of African-Americans in this country. The details of Trooper Werner Foerster’s killing are extremely shaky at best. For example, expert witness who testified during the Shakur trial clearly demonstrated that Assata could not have fired a weapon as the cops claimed that day. X-ray images depicted that during the alleged shoot out, bullets that struck Shakur entered her body while her hands were raised in the air from behind. The Prosecution’s counter on these facts were met with testimony which deemed police accounts “anatomically impossible” by an expert witness. 

More importantly to Shakur’s defense though, is that Neutron Activation Analysis (testing conducted to determine if a person has fired a weapon) administered after the shootout showed no gun powder residue on Shakur’s fingers; her fingerprints were not found on any weapon at the scene, according to forensic analysis performed at the Trenton, New Jersey crime lab and the FBI crime labs in Washington D.C.  According to tape recordings and police reports made several hours after the shoot-out, when Harper (one of the cops involved who fingered Shakur) returned on foot to the administration building 200 yards (183 m) away, he did not report Foerster’s presence at the scene; no one at headquarters even knew of Foerster’s involvement in the shoot-out until his body was discovered beside his patrol car, more than an hour later. Despite these very exculpatory facts, Shakur was found guilty and remanded to custody for decades. 

Assata’s trial contained the usual questionable adjudication tactics often seem during criminal trials of prominent blacks during that time, like the dismissal of legal funding, multiple contempt of court rulings for the defense, and rulings that violated her constitutional rights under the law making it virtually impossible for Assata’s attorney to mount an adequate defense. Her time in prison caused her to become a constant victim of brutality, confinement to deplorable conditions, and was often visited while shackled to a cot. Fearful that Shakur’s demise would culminate at the hands of New Jersey State Correctional Officials, trusted friends and other supporters literally ‘busted” Shakur from prison. On November 2, 1979 she escaped the Clinton Correctional Facility for women in New Jersey, when three members of the Black Liberation Army visiting her drew concealed .45-caliber pistols, seized two guards as hostages and commandeered a prison van. For years after Shakur’s escape, the movements, activities, and phone calls of her friends and relatives—including her daughter walking to school in upper Manhattan—were monitored by investigators in an attempt to ascertain her whereabouts, but to no avail. 

Shakur remained on the run as a fugitive from justice until she fled to the island nation of Cuba by 1984; in that year she was granted political asylum in that country where she remains to this day. Shakur a once english editor at the University of Havanna lived openly for years. Recent extradition efforts by the F.B.I. (including a reported deal to lift the American embargo against Cuba in exchange the release of 90 fugitives believed living there, including Shakur) has forced Shakur underground again, but she remains a celebrated political figure within African-American studies at Colleges and Universities world-wide from many of those who sympathize with her plight. Others within in the New Jersey law enforcement community revile her as a cold-blooded killer. Fidel Castro himself said, Assata Shakur was “a victim of racial persecution”, also saying “they wanted to portray her as a terrorist, something that was an injustice, a brutality, and an infamous lie”. 

African-American politicians have called for the bounty on Shakur to be rescended and many educators have called her a “revolutionary fighter against imperialism”. Read a complete history on the Assata Shakur case here: African -American Freedom Fighter Assata Shakur. There are those within the African-American community who argue that blacks who involve themselves with controversial groups of this nature are suffering from self imposed horrors from a knowingly racist government, and should not be afforded empathy nor notoriety. I personally beg to differ from such a perspective, as the right of free speech is constitutionally protected, and personal non-violent ideologies should not be persecuted solely on race and other diverse ideals related to philosophical disparities.  Assata’s story demonstrates the imperialistic power of our government, and how anyone can be fabricated into a villain to silence their political and social idealism. Assata Shakur, a true freedom fighter of her people. She remains free for now!

 

 

The People’s Champion

I’m David Adams

 

What Mainstream Media Won’t Tell The Public About George Zimmerman: Cop Wannabe Was On Psychotropic Drugs The Night He Killed Trayvon Martin, And Medical Records Reveal Mental Illness History

Mainstream Media has made it a point to report that Trayvon Martin had THC in his blood system the night he was gunned down by Neighborhood Watchman George Zimmerman. In fact, the media has run those details into the ground. It doesn’t matter that the Miami teen was minding his own business, unarmed, and simply walking to the apartment where he was staying with his dad, before some creep who was apparently out of his mind suddenly decided that Trayvon was a threat to the neighborhood. The media chose to find what ever they could to muddy up the Martin teen’s name and completely ignored very troubling details about his admitted killer. Many within the public on the right and left of the social-political conscious of America have been debating Florida’s infamous “stand you ground” law, but in all actuality the case shouldn’t even fall along those battle lines at all. Even if Zimmerman’s attorney could pull off a hell of an argument during summation at his pending trial, there are other alarming factors that most certainly will be discussed to prove that Zimmerman is in fact guilty of homicide. Most people aren’t even aware that George Zimmerman was on mind altering drugs which are controlled substances, the night he shot and killed the Martin teen. Medical records released from the night of the killing reveal that Zimmerman was under the influence on Temazepam, and Adderall. Both are mind altering drugs in which Zimmerman had been prescribed to treat insomnia and some sort of behavioral issues that he was experiencing. Of the two drugs, the Adderall is the most alarming because it offers insight into possible mental illness on Zimmerman’s part. However, both of the drugs have side effects which may explain why Zimmerman targeted Trayvon.  Take a look at some of the side effects:

Temazepam

Anxiety; clumsiness or unsteadiness; daytime drowsiness; dizziness; fatigue; feeling of hangover; headache; light-headedness; nausea; nervousness; sluggishness; unusual weakness; confusionhallucinations; memory loss; mental or mood problems (eg, aggression, agitation, anxiety); new or worsening trouble sleeping; suicidal thoughts or actions; unusual behavior.

Adderall

• Dangerous increase in blood pressure
• Tachycardia or a high pulse rate
• Irregular heart rate
• Difficulty breathing
• Chest pain
• Allergic reaction that includes swelling and redness in the eyes or throat
• Migraine headaches
• Syncope or losing consciousness
• Blurry or double vision
• Seizure activity and excessive and uncontrollable shaking
• Extreme nervousness and paranoid delusions
• Mood swings that include hostility and severe aggression
• Depression

Clearly these side effects are alarming to say the very least, and doctors say that patients on Temazepam are advised to take the drug at bed time, because it’s widely used to treat insomnia, and the patient should sleep for 7 to 8 hours while on the medication. George Zimmerman should have never left his home that night, and he most certainly should not have been in possession of a firearm whether he was licensed to carry it or not. If Zimmerman had followed the prescription drug’s guidelines that are typically printed on the label of most bottled medications, the tragedy that resulted in the death of Trayvon Martin would never have occurred. Additionally, doctors also say that the unusual behavior side effect of this drug includes activity such as sleep walking, driving, and making phone calls while the patient is in fact asleep. Zimmerman could very well have been in a zombie like state of mind when he encountered Trayvon. Why hasn’t mainstream media probed further into these details since Zimmerman’s medical records have been made public? This question leaves much to be desired when trying to unravel the peculiar facts about this case. Another side note to Zimmerman’s involvement in this case is that cops fail to conduct a drug test on him that night, but they conduct a drug test on Trayvon (who was the actual  victim of  this homicide) during his autopsy. The other drug that Zimmerman was under the influence of that night was Adderall, a drug used to treat ADD (Attention Deficit Disorder) or ADHD (Attention Deficit Hyperactivity Disorder). It’s unknown which mental illness Zimmerman had been prescribed the drug for, but nonetheless he apparently had some behavioral issues that required medical treatment. Medical professionals say that a Primary Physician can prescribe Adderall for patients diagnosed with ADD or ADHD, but such a prescription is rarely issued by these doctors, and Psychiatrist typically issue such drugs. Given George Zimmerman’s criminal history related to court appearances for domestic violence and assaulting a police officer, it’s fair to conclude that he was more than likely under psychiatric care at the time he shot and killed Trayvon Martin. That’s not an exaggeration because Zimmerman admittedly was involved with fighting a police officer, although he claims the cop was undercover and didn’t identify himself, Zimmerman’s actions back in 2005 depicts his ability to display physical aggression. Read Zimmerman’s own statement regarding his police assault charge from an  application to join Seminole County Sheriff’s Office Citizens Law Enforcement Academy: Application ApprovallIn the related document Zimmerman writes “I was in an altercation with an undercover officer who was taking part in an ATF sting for underage drinking”. Some how those charges were dropped against him, and he was later granted a gun permit by the Florida State Police. What is really compelling here though is that Zimmerman escaped scrutiny related to his mental health. It’s obvious that either Zimmerman was never probed about his mental health or the police ignored it for the purpose of granting the firearm carrying license. A review of Florida’s gun permit application reveals that the application’s questionnaire is extremely vague related to potential mental health issues for applicants seeking to carry a concealed weapons permit.  The document only inquires if an applicant has been adjudicated as mentally defective, and doesn’t inquire as to whether the applicant has ever been treated medically, under a doctor’s care, or ever had mental health related issues which is typically the standard for evaluating an applicant’s mental capacity to responsibly possess a firearm and weapons permit. This just may very well be a flaw in Florida’s gun application process, but it certainly speaks volumes regarding how a person with a history of mental, behavioral, domestic violence, and other social issues can easily obtain a weapons permit in the state of Florida. Zimmerman had mental issues long before he encountered young Trayvon Martin, should never have been allowed to carry a gun, and the drugs he was on that night far surpassed the potential danger to society in comparison to the small amount of THC (Marijuana) that Trayvon reportedly had in his system. The tragic outcome is indicative of who actually was the true danger  or risk to public  safety on that fateful evening and the media has completely ignored that Zimmerman was in fact a nut case long before he killed someone.

 

 

The People’s Champion 

I’m David Adams

 

 

TPC Investigates Trayvon Martin Killing Police Reports & Files: Documents Point To Police Cover-Up Reaching As Far As Apex Of Town’s Police Department

The night that Trayvon Martin lied dead in a Sanford, Florida gated community after being shot by cop wannabe George Zimmerman, the police officers who were primary to the scene appear to have initially followed protocol based on recently released police documents in the case. Zimmerman was immediately place under arrest, a crime scene was established, and the police began interviewing potential witnesses who may have observed the shooting when it unfolded. Zimmerman has since claimed that he killed the 17-year-old Miami teen in self-defense. I don’t know how it’s done in Florida, but most self-defense cases that resulted in a homicide are normally predicated upon an individual having to use deadly force in the face of mortal threat. Cases such as this one can only prevail after the killer has demonstrated that there was no other resolve but to use lethal force in fear of serious bodily injury or death to themselves, and have such an account supported by eyewitnesses who can corroborate such a claim. By now most have already heard the 911 tapes in which Zimmerman himself admitted to following Trayvon, and the dispatcher advising him “We don’t need you to do that”. Moments later the city’s 911 system began receiving calls regarding shots fired and Trayvon Martin ended up dead. Although there have been reports of some witnesses having observed at least portion of the physical confrontation between Zimmerman and the Martin teen, none of these alleged eyewitness accounts viewed the confrontation in its entirety, and not one of them have corroborated Zimmerman’s story exactly the way he claimed it occurred. The meat of this entire case falls squarely on what cops were told by the sole surviving witness. Zimmerman claims that after having been advised by a trained 911 professional to cease following the teen, he began to return to his vehicle and Trayvon jumped out of the bushes and began attacking him. He has since been video recorded having stated that he and Trayvon had a verbal exchange (he alleges that Trayvon asked him “what’s your fucking problem, he replied “I don’t have a problem”, and Trayvon stated “well you have a problem now”, before attacking him). It doesn’t take rocket science to conclude that it’s a pretty substantial variance in the two accounts. I don’t understand why the police never probed Zimmerman about this significant discrepancy in his account of that night. I tend to believe the later of the two statements, because Trayvon’s girlfriend who was on the phone with him moments before the altercation, reportedly stated that she overheard a verbal exchange between Zimmerman and Trayvon also, and then heard the phone call abruptly end like Trayvon’s cell had fallen to the ground. Her accounts tends to depict Zimmerman as the aggressor that night. Zimmerman claimed that Trayvon began to pummel him knocking him to the ground, and began banging his head into the side-walk. Zimmerman went on to claim that he began crawling onto the grass, but crime scene photos dispute that argument. The location of Trayvon’s body in relationship to the pavement is a substantial distance. Eyewitness who saw the shooting said that the Martin teen fell straight to the ground once the shot was fired. No one, including Zimmerman has stated on record that Trayvon either wandered or staggered away before falling onto the ground. More importantly, Zimmerman told cops that he got out of his vehicle to get an address for the dispatcher, because he didn’t know where he actually was at the time of the 911 call. We all know that this account his completely untrue, because we heard the tape for ourselves when his car door alarm chimed, indicating he had left his vehicle, and we heard Zimmerman admit that he was following the teen. The Sanford Police Major Crime Investigators never probed these inconsistencies in Zimmerman’s story, but his apparent deception to police wasn’t the only thing that jumps out at you in this case. The actions by the Sanford City Police Brass (Administration) is completely disturbing to say the very least. Sanford’s police administration failed to do their jobs by allowing untimely,  modified, and omitted facts in reports by police officers who were primary to a major crime scene. Chiefly, Ofc. Timothy Smith who was the primary Sanford Cop that responded to the Martin shooting, was a problematic element of the case from the gate. Smith was only a year removed from departmental investigations surrounding his alleged police misconduct in the beating of a homeless black man who was captured on video. A Sanford Police Lieutenant’s son was recorded assaulting a homeless black man in a violent drunken rage. The cops who responded to that scene (one of them Ofc. Timothy Smith) failed to do their job, by not arresting the son of a high-ranking police supervisor. Smith’s presence at the Martin crime scene should have resulted in supervisors following the process by the numbers if for no provocation other than to protect their jobs. Smith and other Sanford police were subsequently cleared of any wrong doing in the homeless man’s beating. The case was a public relations nightmare for the city, and Smith’s involvement in the Martin case has raised credibility and integrity stigmatization resulting  in doubt about his honesty having spilled over into the Martin teen investigation. A review of the police report filed by Smith on the night of the Martin killing is generic. Smith only accounts for his actions upon placing Zimmerman into custody, confiscating the alleged weapon used in the killing, and only one statement of him quoting Zimmerman having admitted shooting Trayvon Martin. Smith’s official report went on describing secondary Ofc. Ricardo Ayala’s attempt to render first aid to an unconscious and unresponsive Trayvon Martin. His report was void of any other details describing his interaction with George Zimmerman, a peculiar fact rarely seen absent from a police report in a case of this magnitude. Cops are trained to document everything a potential defendant says, as it potentially may be used against them in a court of law. Smith’s  initial report is void of any  conversations with Zimmerman all along while Zimmerman was arrested and seated in the back of his patrol car.However, other police on the scene that night did quot comments by Zimmerman in their reports. Such notation is a standard as police practice supporting my argument how cops are trained to record such detail. Police always record such comments in an effort to establish the defendants account on record in preparation for a more thorough interview later on. Smith later submitted a supplement to his original report three days later on 3/1/12. The supplement appears to describe Zimmerman’s physical condition detailing his refusal of medical treatment at least 3 times. These details seem to underscore Zimmerman’s claims that he was in fear for his life, and supports Sanford Fire Department’s report that he only suffered minor injuries. In short I am sure most will conclude that Ofc. Timothy Smith’s reports submitted in the Trayvon Martin case are more than likely not his best effort in establishing record for a potential criminal case. Smith’s reports are indeed vague and is minimal considering that he arrived on the scene at approximately 7:17 p.m. that evening, and filed his report at 3:29 a.m. in the early morning hours the next day. Smith was on the scene for more than 8 hours and only offered a brief account for his involvement in the Martin teen killing investigation. What else was he doing? The Sanford Police Administration is equally responsible for Smith’s poor police work because they allowed it to occur. An investigation in any criminal case relies on information obtained by the primary police who began to work the scene, especially a homicide. Within all of the ten police officers who submitted a report in the Martin case, only 3 of them did so in an acceptable time frame. Trayvon Martin was killed during the evening of February 26, 2012. Officers Smith, Ayala, and Mead filed their reports during the early morning hours of the next day. The remaining police officers filed reports days later, including the working police supervisor on the scene that night, Sgt. Stacie McCoy, who submitted her report 11 days from the date Martin was killed. The delayed police reports are descriptive of the culture within their department, and demonstrates that the Martin case wasn’t taken seriously at all or the Sanford police officers involved in the case were instructed not to do their jobs. How else would you explain Sanford’s Police Brass accepting official reports related to a major crime being submitted days and weeks later? Those initial reports are crucial to investigations which could lead to possible convictions, and should have been submitted within a 24 time period at the very latest. It was Sanford Police Chief Bill Lee who offered the rationalization for Zimmerman not having been charged was due to the lack of information which disputed his self-defense claim. All the information which would have allowed the police’s administration to make sound and logical judgement on whether or not to charge Zimmerman wasn’t presented to them from the start. Police reports were coming in sporadically, and top cops including Chief Lee, never pressed the issue related to such delay in reports for an obvious major crime investigation. Moreover, the delayed police reports submissions appear to have been done so intentionally. Sanford Police allowed Trayvon Martin’s body to lay in the coroner’s office for three days, all along while Tracey Martin, Trayvon’s father had filed a missing person’s report for his son. It’s simply incredible that the police couldn’t connect the dots causing them to realize that the dead teen at the morgue was in fact the Martin kid. Exactly how many dead 17-teen-year olds  had been reported missing to Sanford PD and how many dead black teens were actually at the city’s morgue during this time? These facts tend to show that cops purposefully delayed notification to the Martin family regarding their son’s killing. Why would the police do this? Some may argue that it’s just a standard practice for Sanford police to treat murdered blacks in such a fashion, but other elements of the entire case clearly trumps such conclusion. A close and detailed look at the submitted police reports in this case will show that most of the cops involved in the Martin investigation didn’t begin to submit their reports until after the Martin family learned about his death. I suspect that as the case began to gain momentum within local media, some police officers started to separate themselves from the controversy associated with the case. In other words, cops began to cover their asses. In fact, once all of the involved police personnel had submitted their reports, Major Crimes Detective Christopher Serino submitted an investigative report concluding that “there exist probable cause for issuance of a capias charging George Michael Zimmerman with manslaugter, in violation of Ch. 782.07 FS“, which confirms that the Martin homicide lead investigator wanted Zimmerman charged. Serino’s  findings in his request for capias against Zimmerman is extremely revealing, primarily because it underscores Chief bill Lee’s earlier argument that no information existed to dispute Zimmerman’s claim of self-defense. The entire case hinges upon these facts and is actually where the confusion begins with Florida’s Stand Your Ground’ law. Although SYG affords citizens the right not to have to flee from a conflict (retreating is standard in most states), State Law prohibits citizens from killing someone to stop them from committing a felony. Under Florida state code such actions are deemed a violation under the law, rightfully should result in charges for Manslaughter, and Serino was completely accurate in his interpretation of Florida state law when he submitted a request for a capias against George Zimmerman. The million dollar question now becomes, who made the decision not to charge Zimmerman? A request for a capias in a major crime most certainly would have to pass Bill Lee’s desk, and I wonder if the decision not to pursue manslaughter charges against Zimmerman derived from his independent interpretation of Florida State Law or if such a decision originated from the State Attorney office assigned to the city of Sanford, Florida. Either way, the decision to bring charges against Zimmerman rested squarely on the desk of the town’s top police officials. Another aspect of the Martin investigation which hasn’t received much press, is the suspicious involvement of original State’s Attorney with a shaky record handling the case, Prosecutor Norman R. Wolfinger (Read more on Wolfinger here). Wolfinger drove over 50 miles the night Trayvon Martin was killed and showed up at the actual crime scene. Perhaps it was Wolfinger who quarterbacked the investigation from the start. There are others who believe that Zimmerman’s father, a retired State Supreme Court magistrate, may have put a call in for a favor from one of his friends in the justice system. Wolfinger’s track record and questionable actions in the Martin case has drawn suspicion from the public, as well as from law enforcement officials across the country, but the recent release of police reports and other files associated with the Trayvon Martin killing clearly points to a cover up that is as far-reaching to the very apex of the Sanford Police Department. Read reports and other documents from the Trayvon Martin homicide case here: Evidence Findings and Capias Request, Police Reports (last 5 pages of pdf file), Zimmerman’s EMS Report, and Witness Statements.

 

Credits

CNN

The Daily Caller

Insight Out News

 

 

 

The People’s Champion

I’m David Adams

Johnson Pleads Not Guilty In Barnes Teen Killing: Attorney Neverdon Says He Hasn’t Seen Charge Document Against His Client

Michael Johnson was transported from the Baltimore City Detention Center to the Circuit Court of Baltimore City in downtown today with his hands shackled in the front. The highly anticipated arraignment only took a few moments as his attorney, Russell Neverdon entered a plea of “not guilty” for his client on charges that he murdered 16-year-old Phylicia Barnes, and requested that Michael Johnson be tried before a jury of his peers. When asked if he understood the charges against him, Johnson simply nodded his head with his face blank and expressionless. The judge ordered Michael to speak up so the court’s microphone could hear him, and Johnson uttered “yes sir” in a extremely low audible. The judge, state’s attorney Goldberg, and Russell Neverdon all agreed on an August 13 trial date. Just like that with very little fanfare, Johnson was whisked away from the court room by Correctional Officers. This short hearing had brought a nearly standing room only audience to the Charles Street courthouse on the first hot and muggy day of the summer. Supporters of the Barnes family garnered signature purple, which have practically embodied the honors teen’s favorite color. Others in attendance appear to be in support of Johnson himself. As the quest for justice for Phylicia Barnes begins to take center stage, many believe there are no guarantees that true justice will ever be served in this senseless and tragic case. Attorney Neverdon continues to convey that Michael unequivocally denies any involvement in the killing of young Phylicia. The attorney said that the state’s case fails to connect the dots on exactly how Michael allegedly asphyxiated the studious child. Neverdon says that Phylicia’s body was void of any trauma and believes that her death would have been best ruled as unknown. He went on to say that although he has read police reports alleging that his client killed Phylicia, he has not seen the charging documents against his client. It’s unclear whether Neverdon’s comments are mere posturing tactics carefully scripted not to disclose his defense strategy, but he has already filed a MOTION FOR DISCOVER in the case and at some point he will have the state’s entire case against Johnson. Although the discovery paperwork is on record with the court, it’s not unusual that the State’s Attorney hasn’t produced it for the defense’s review at this early stage of the process. Moreover, the state’s position is best served minimizing the disclosure of specific details related to a charging document until the absolute last minute. Murder cases can create fallout that could potentially reveal witnesses against a defendant charged in a capitol crime. The identity of potential witnesses are often concealed until trial. These measures are typically used to avoid retaliation by defendants seeking to silence witnesses that present damaging evidence against them. Johnson’s pretrial judge has already stated for the record that he believes Michael is a danger to society, especially those closest to him. That comment was very telling as it is believed that parties close to Michael’s own camp may in fact be state’s witnesses against him. The public will not learn whether any of the motions before the court in this case has in fact been granted, most are only procedural filings rudimentary for most criminal cases, but it will be very interesting to learn what information Nevrdon wants stricken from the record in this case. I have already discussed the possibility of any information obtained by Russell Barnes’ brother, Baltimore Police Officer Sgt, Jackson. If any of the details contained in the state’s case against Johnson actually derived from Jackson’s intervention, it poses a dilemma and the defense could summarize that the statements are hearsay or were illegally obtained. Jackson wasn’t acting in a formal capacity at the time, and it’s doubtful that a sitting judge will permit such testimony in this case  because of the obvious conflict of interest. Also, it isn’t clear how the Chemist will be used. There has been no mention of any forensic evidence, at least publicly, in the case this far. Obviously Phylicia’s toxicology findings has some bearing on the state’s case against Johnson. The child’s mother believes her daughter may have been recovering from alcohol or drug usage she encountered during a party the night before the morning of December 28, 2010 when Johnson allegedly pounced on the child. The state just may have also come to that conclusion as well. Perhaps the biggest mystery is the MOTION FOR JOINT TRIAL OF DEFENDANTS AND CHARGES. No one other than Johnson has been mention in the death of Phylicia Barnes, and the only purpose of such a filing is to combine criminal charges against multiple defendants of a crime. I suspect that the state has turned someone involved in the child’s murder and plan to use them in court, after some plea agreement of sort, and connect the dots which supports charging documents that alleges Johnson’s involvement in this murder case. Justice continues for Phylica Barnes in this tragic Case. A Barnes teen support’s T-shirt summoned it best: “Gone but not forgotten,” it said. “The good die young.”

Credits: The Baltimore Sun

 

 

The People’s Champion

I’m David Adams

Others Charged In Barnes Teen Murder?: Court Filings Reveal Potential Plea Deal And Joint Trial Of Defendants Motion

In just two days Michael Johnson will appeal before a Baltimore City Circuit Court Judge facing a murder charge, that he killed Monroe, N.C. honors student Phylicia Simone Barnes, and motions filed by the State and Johnson’s Lawyer indicate that others may also appear for unknown charges. A review of Baltimore City Circuit Court Case #112116013 shows that MOTION FOR JOINT TRIAL OF DEFENDANTS AND OFFENSES was filed on May 23, 2012 in the Barnes murder case. The procedure is used when attorneys plan to try cases that include multiple defendants facing the exact same charges in which the parties are usually co-defendants in a crime. The only logical  purpose for such maneuvering is to consolidate the State’s Case when a defendant has turned State’s witness against other parties to a criminal act. Although no one else has been publicly mentioned in the Barnes teen killing, the motion is not a standard procedure, and the court filing shows the State’s hand which may potentially lead to others standing trial along side Michael Johnson. Attorneys usually do not file such documents unless they plan on introducing witness testimony from defendants who either corroborate their case or present damaging culpable evidence against at least one defendant link to a crime. At the very least, it’s a reasonable expectation that the eventual trial will contain charges against someone other than Johnson. Also the court file shows that a NOTICE OF PLEA BARGAIN POLICY was also filed with the court on May 23, 2012. That motion is a standard practice as many criminal cases result in a Plea Deal of some sort. The motion serves to advise defendants of their rights under the law, and for the most part advising defendants that the Plea isn’t binding because the presiding judge has the authority to reject such tentative agreements. The Plea Agreement Policy filing doesn’t necessarily mean Johnson is in negotiations with the state. In fact the document’s existence along with the “Joint Trial” motion tends to point to a co-defendant or a culpable witness taking the stand against Michael. The case file also appears to be framing the direction in which the state’s case is heading against Johnson. The presence of motions for an “expert witness” and a DEMAND FOR CHEMIST filing points to a rather scientific aspect of the case against Johnson. My significant other, who is a Forensic Science Teacher, tells me that there must be some DNA or other Forensic evidence in the case’ discovery that links Johnson and possibly others to the crime. The need for a chemist in the Barnes teen murder illustrates that something was found during the toxicology testing when young Phylicia Barnes’ body was examined by the state’s coroner. Why else would there be a need for such a scientific professional other than to explain in court what authorities learned was in the child’s blood system? If my assumptions are accurate, I’m sure that part of the state’s case will almost certainly disclose whether the child had drugs, alcohol, and other substances in her system upon her death. There has been wide speculation that something may have happened to young Phylicia during a party the night before her disappearance. With that being said, the state may have witnesses who have already spelled out exactly what went down, and might support the reason a potential Plea Deal could be in the works. I can see one of the involved parties flipping to safe their own neck and “rating out” Michael Johnson. Another interesting motion that was filed in the case is a MOTION TO SUPPRESS PURSUANT TO MD 4-252 AND 4-253This portion of the Maryland Annotated Code was a good read, clearly demonstrating that Johnson’s attorney wants some of the evidence against his client thrown out, and I would suspect that it’s information obtained when Russell Barnes’ brother (a Baltimore Police Sgt.) showed up at Deena’s apartment and began questioning people before a formal complaint was even filed with the Baltimore Police when Phylicia first went missing. None the less, the motion depicts damaging evidence against Johnson  so sever that it merits his attorney seeking to have it concealed. So, barring physical evidence against Johnson, and there appears to be some, the state’s case obviously has some other solid evidence that proves Michael Johnson was at least involved in the murder of Phylicia Barnes. The courts filing history proves at the very least, some of the people close to Johnson have made statements against him, which is something a judge alluded to during Michael’s Bail Hearing when he stated, “the defendant maybe a danger to society especially those closest to him” while remanding Johnson to custody without Bail. So, the cookies just may have started crumbling in the silence that once plagued this murder case. On the surface the case appears to be weak, but a review of the case’ court filing history appears to unveil that the state hasn’t exactly played it’s trump card just yet. Read the court filing history of the Barnes murder case here: The State’s Case Against Michael Johnson

 

 

The People’s Champion

I’m David Adams

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