SAMUEL DEWITT PROCTOR SHARES IN
REV. PINKNEY'S INITIAL VICTORY
The Michigan Court of Appeals ruled that Rev.
Pinkney's imprisonment for probation violation was
in violation of his civil rights and freedom of
speech. However, they denied him a new trial on the
voter fraud issue, though they found 13 errors in
the trial. They construed those issues to be
"harmless," including the fact that a prostitute was
given immunity from prosecution for her testimony.
This case will continue to the Michigan Supreme
Court and is getting some attention on the State
Appellate Defenders Office forum.
Our next steps include continuation of community
education and advocacy for justice for Rev. Pinkney
and those related issues of the justice system in
general, economic justice and voter protection. This
effort now clearly intersects with a civil rights,
racial and class agenda.
Rev. Pinkney still needs our contributions. Thank
you for your continued support and prayers.
Rev. Edward Pinkney
1940 Union St.
Benton Harbor, Mi 49022
The following is an excerpt from the press release
from the ACLU: July 15, 2009
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ACLU Declares Victory for Minister Sentenced to
Prison for Criticizing Judge ~ Court of Appeals
Reverses 3-10 Year Sentence
DETROIT - The American Civil Liberties Union of
Michigan applauded a unanimous Michigan Court of
Appeals decision today upholding the free speech
rights of a Benton Harbor minister who was sentenced
to 3-10 years in prison for writing a newspaper
article that harshly criticized the judge who
presided over his trial.
"The Court of Appeals opinion reaffirms the basic
American value that citizens cannot be imprisoned
for criticizing government officials or expressing
their religious beliefs," said Michael J. Steinberg,
ACLU of Michigan Legal Director. "To our knowledge,
this case marks the first time in modern history
that a preacher has been thrown in prison for
predicting what God might do."
In 2007, Rev. Pinkney was sentenced to probation for
violating Michigan election law. But his probation
was revoked and he was resentenced to 3-10 years in
prison solely because of an article he wrote for a
small Chicago newspaper. Quoting a passage from the
Bible, Rev. Pinkney predicted that God would "curse"
the judge unless he "hearken[ed] unto the voice of
the Lord thy God to observe [and] to do all that is
right." Rev. Pinkney also expressed his opinion in
the article that the judge was racist, dumb, and
corrupt.
In its ruling today, the Court of Appeals said that
the trial court's probation condition that
prohibited "defamatory and demeaning" communications
is unconstitutional.
"To the extent that the prohibition of defamatory
and demeaning behavior impinges on defendant's first
amendment rights," wrote the judges, "the
prohibition was not proper, as it was not directly
related to defendant's rehabilitation or to the
protection of the public."
To read the Michigan Court of Appeals decision, go
to:
http://www.aclumich.org/sites/default/files/file/pinkneydecision.pdf
To
read the religious organizations' amicus brief, go
to:
http://aclumich.org/sites/default/files/file/religiousfreedomamicusbrief.pdf
To read the law
professors' amicus brief, go to:
http://aclumich.org/sites/default/files/file/professorsamicus.pdf
To read the Thomas Jefferson Center for the
Protection of Free Expression's amicus brief, go to:
http://aclumich.org/sites/default/files/file/thomasjeffersonamicusbrief.pdf
To read the ACLU's merits brief in Rev. Pinkney's
appeal, go to:
http://aclumich.org/sites/default/files/file/pinkneymeritsbrief.pdf
To read Rev. Pinkney's article, go to:
http://www.peoplestribune.org/PT.2007.11/PT.2007.11.18.html
Rev. Pinkney is a Baptist minister in Benton Harbor,
a predominantly African American community with a
troubled relationship with its predominantly white
sister city, St. Joseph. Rev. Pinkney has long been
an outspoken community activist and advocate,
frequently denouncing injustice and racial
inequality in Benton Harbor, its local government,
and the Berrien County criminal justice system in
particular.
----------
Contact: Rhoda McKinney-Jones
rmjwriter@sdpconference.info or
bhbanco.blogspot.com
