[Mpls] Politics of Light Rail Development

2004-05-13 Thread Jordan Kushner
In notice an interesting article in The Pulse about the
development of East Lake Street properties near the light rail
station:

http://www.pulsetc.com/article.php?sid=1077

The article suggests that the City Council, and particularly Gary
Schiff from that ward, might be rigging the process toward a
development proposal from a group that includes former council
members and political operators Jackie Cherryhomes and Steve
Minn, over the proposal of the owner of the properties, a
developer from a controversial family.  According to the article,
community and political figures are keeping mum about the
conflict.  The article therefore provides too little information
to draw any conclusions about the underlying dynamics of the
process.

I am surprised that this development issue has not provoked more
scrutinty and discussion, including on this list.  The
development rights are obviously quite valuable and any decisions
will have signficant impact on the surrounding neighborhood.  The
City Council's granting the devleopment rights to such
well-connected former colleagues could reek.

Can anyone further enlighten us on this matter?


Jordan S. Kushner
works downtwon
former South Minneapolis


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Re: [Mpls] HIGH ALERT - H.F. 1829

2004-03-10 Thread Jordan Kushner
Barbara's summary of the effects of the proposed changes in drug
laws are inaccurate.  Someone would not have to possess 250 grams
or sell 50 grams of cocaine(described by Barbara as
$50,000/$10,000 worth of crack - the accuracy of Barb's figures
which is questionble) to go to jail.  These would just be the
amounts that would lead to a presumptive prison sentence of 86
months (more than 7 years in prison).  Someone with less drugs
would still face 4 years in prison.  Substantially less drugs
would likely lead to a sentence of some time in jail (less than
one year) plus probation.  Anyone violating probation for any of
these offenses would face time in prison.

More significant is the huge disconnect between the undisputed
problems related to drugs in inner cities and Barbara's
insistence on sending people to prison for as long as possible.
Where is the evidence of a relationship between the problem and
the "solution."  The current sentencing laws have been on the
books for at least 15 years.  For larger level drug dealing, the
federal government has been sending people to prison for 10, 20,
30 years or life for the past 20 years.  Apparently none of these
outrageous sentences have alleviated Barbara's complaints about
drugs in her neighborhood.  Time has proven that the knee-jerk
reaction of locking up inner-city youngsters and drug addicts and
throwing away the key is ineffective (not to mention unjust).  Is
it not time to try something different?

The main reason that the legislative changes have any chance is
that the prisons are on the verge of overcrowding.   A very high
percentage of these innmates are non-violent drug offenders.   It
costs $20,000 per year to incarcerate people.  That money could
easily cover treatment, education and job training for each drug
offender.  All much more effective solutions than warehousing
people in cages.

Barbara's comment AND UNDERSTANDING that a motivating factor for
lesser sentences being  the concern with suburban methamphetamine
dealers doing hard prison time like inner-city drug dealers
really gets to the racist heart of the matter.  The "war on
drugs" is really a war on people of color.  Most people
incarcerated for drugs are Black, Latino, or Native American.  As
soon as while people start going to prison in large numbers,
there is pressure to lighten the sentences.

Jordan Kushner
downtown lawyer
former resident of Powderhorn, Stevens Sqaure, West Bank.

- Original Message - 
From: "Barbara Lickness" <[EMAIL PROTECTED]>
To: "Dennis Plante" <[EMAIL PROTECTED]>;
<[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Wednesday, March 10, 2004 10:56 AM
Subject: RE: [Mpls] HIGH ALERT - H.F. 1829


> Dennis is correct. I thought about what Mike Atherton
> said and I concur that legalizing drugs and zoning
> their sales and public use into a certain area would
> be a far better solution than we currently have.
> Perhaps not for the drug addict but at least for the
> innocent inner-city citizens living with the problem
> now. I wonder just what area of the city would be best
> to house this activity Mike?
>
> Because drugs are illegal, the street has been made
> the supermarket and they have been contained
> (unofficial zoning) in certain areas because it is a
> convenient way for the government to deal with the
> problem. It's not a problem most politicians or
> citizens have to deal with. Growing up on Lake Nokomis
> then moving to Whittier was certainly an eye-opening
> experience for me. My biggest problem on Lake Nokomis
> was doggy poo poo on my boulevard. In Whittier it was
> making it down my driveway without getting popped.
> Quite different worlds.
>
> This bill will effectively decriminalize drug
> possession and sales for the most part. The only
> punishment will be to the really big pushers. The long
> and short of it is that the person will have to
> possess $50,000 worth of crack and sell $10,000 of it
> to a Certified Reliable Informant (CRI) in order to do
> any jail time. That includes sales to minors and sales
> at parks and schools.  That will eliminate any jail
> time for about 99% of the drug dealers in the
> inner-city "containment" zones. Just how motivated are
> the cops going to be to arrest someone for drugs when
> they know nothing is going to happen to them. Boy,
> it's gonna be a fun summer. Good Luck Chief McManus. I
> hope he has cops over there testifying about the
> impact this legislation will have on the inner-city.
> I also hope that both Mayor R.T. Rybak and Mayor Randy
> Kelly will have people testifying about this
> legislation. I can't imagine the mayors of Rochester,
> Duluth or Mankato are too happy about it. They all
> have growing drug problems too.
>
> My understanding is that

Re: [Mpls] comment to (no subject)

2003-08-28 Thread Jordan Kushner
I am quite surprised to reading such narrow intolerance on this list.  Where
is the social need to severely punish people with minor traffic offenses?
The fact is that anyone who goes to court downtown to address several such
tickets is usually be given the option of doing work instead of paying
fines.  Perhaps the participants in the African American Men's Project
sponsored events had to do a little less time.  So what?!  What is wrong
with making life a little easier for a group that is much more harshly
targetted by the criminal "justice" system?  Minnesota and Hennepin County
have among the highest racially disproporionate rates of African Americas in
the system.  The court system should be doing a lot more to compensate for
institutional racial bias.  The list seems to be experience the classic
white resentment for any affirmative attempts to undo racism.

Jordan Kushner
works downtown
Golden Valley

- Original Message - 
From: "Jason C Stone" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, August 28, 2003 1:28 PM
Subject: Re: [Mpls] comment to (no subject)


>
> That's fine if you want to respond solely to the race issue.
>
> However, the question still remains - who in their right mind decided to
forgive repeat offenses
> in exchange for *2 hours* of community service.  That is a joke.  If the
offenders cared about
> getting a clean slate they would have been willing, and should have been
asked, for a greater time
> commitment.
>
> http://www.startribune.com/stories/462/4058489.html
>
> "Gary Cunningham, director of Pilot City, said the occasion also saved
taxpayers hundreds of
> thousands of dollars in court costs."
>
> You know what this is?  It is called "enabling".  Have these people
learned that their behavior
> carries ramifications?  Absolutely not.  This was a tremendous disservice
to the community in
> exchange for a one time savings.
>
> Regards,
> Jason Stone | Mpls
>
> --- Booker Hodges <[EMAIL PROTECTED]> wrote:
> > Rather than comment on the fact that your comments are racist I will
> > hopefully encourage you to get better informed. The Star Tribune and
other
> > main stream media sources dubbed this event as one that directly
benefited
> > African-Americans, but that is not entirely the case. I attended part of
the
> > event and I saw a considerable amount of white people participating as
> > violators also. The notion that blacks can handle their business like
the
> > normal population is asinine. I understand that you are white and angry
> > that�s fine, but I would suggest that you research you information
before
> > making broad sweeping comments indicting an entire group of people. For
the
> > record I attended as an observer.
> >
> >
> >
> > Booker T Hodges
> > North side
> >
> > _
> > Get MSN 8 and help protect your children with advanced parental
controls.
> > http://join.msn.com/?page=features/parental
> >
> > TEMPORARY REMINDER:
> > 1. Don't feed the troll! Ignore obvious flame-bait.
> > 2. If you don't like what's being discussed here, don't complain -
change the subject
> > (Mpls-specific, of course.)
> >
> > 
> >
> > Minneapolis Issues Forum - A City-focused Civic Discussion - Mn
E-Democracy
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Re: [Mpls] Omar Jamal Somali Justice Advocacy Center ED Jailed By INS

2003-04-04 Thread Jordan Kushner
I think the arrest of Omar Jamal should definitely be interpreted as
political persecution, not at all withstanding denials by authorities.

http://www.startribune.com/stories/462/3795298.html

The investigation apparently began "more than a year" ago - about the same
time period when Omar became a highly visible and controversial activist.
The INS is not likely to randomly choose to carefully investigate an
application filed five years previously, for a person who has since obtained
permanent legal residence.  There are millions of immigrants who cannot be
investigated, and the INS is already overburdened with pending  applications
and people whose status is not legal or questionable.  The only plausible
explanation in this case seems to be that Omar's visibility triggered the
INS to conduct an investigation.  The fact pointed out the the US Attorney
that the investigation was conducted by the INS office in Memphis is also
irrelevant.  The INS is obviously a national agency.  The investigation
could have easily been triggered in Minnesota, and then conducted in the
office where the application is filed.

I do not know the legal merits of the charges, but based on the summary, it
does not appear that the allegations are serious, and certainly do not
suggest any threat to anyone.  There are obviously many people who are
desparate to get into this country, and should not be persecuted for that
reason - five years after the fact.

Jordan Kushner
 works downtown

- Original Message -
From: "ken bradley" <[EMAIL PROTECTED]>
To: "List Manager" <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Thursday, April 03, 2003 11:09 AM
Subject: [Mpls] Omar Jamal Somali Justice Advocacy Center ED Jailed By INS


> Hello Minneapolis Folks:
>
> I just returned from the west coast and this story
> sure made my stomach turn.
>
> Omar Jamal the executive director of the Somali
> Justice Advocacy Center in St. Paul was thrown in jail
> by the federal government (INS). Are we to believe
> this is a coincidence that one of the leading local
> critics of the Homeland Security, Patriot Act,
> legislation, is arrested by the INS because he made a
> mistake on his paper work 5 years ago?
>
> He was accepted to start law school this fall and now
> he sits in jail, does this make sense?
>
> The Bush Administration and the federal government has
> declared war on the immigrant community, and has
> stripped away our civil rights. We need to speak out
> against this treatment of people from our community
> now.
>
>
> http://www.startribune.com/stories/462/3800196.html
>
> Ken Bradley Corcoran Neighborhood
> 612-728-8962
> 651-726-7568
>
> __
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[Mpls] Small laws and Big laws

2003-03-28 Thread Jordan Kushner
I have trouble understanding how people can get at all worked up and
distracted over civil disobedience such as occupying offices or blocking
building entrances, when our federal government is committing mass murder.

At the same time, how clever of Pawlenty to distract people's attention from
the $75 billion that the national leaders of his party are taking from
taxpayers to commit  mass murder on behalf of specific special interests, by
acting as though protests are somehow responsible for our budget problems.

I have not received any feedback from any city officials about my suggestion
a few days ago that the city should refuse to spend money to suppress
protests against the federal government.

Jordan Kushner
work downtown


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[Mpls] City's Donation to Feds and Proposal

2003-03-25 Thread Jordan Kushner
Why does the City agree to pay for the Feds' policing?

In response to the anti-war protest at the Minneapolis federal court
building this morning, there were hundreds of Minneapolis cops who monitored
the protest and arrested people allegedly commiting civil disobedience by
blocking access to the entrances. There were uniformed cops, plain clothes
cops, horses, MTC buses used for arresstees - undoubtely requiring a lot of
money.  To the extent that protesters are held in jail, that will also cost
the city or county.

I wondered if the city of Minneapolis, its tight budget, was paying to
protect business as usual for the federal government.  Deputy Chief Greg
Hestness pretty much confirmed it, telling me that the "Minneapolis small
property owners" would be paying.  He suggested that the "violators" should
pay.  Predictably, I don't have much use for that suggestion, and suggested
billing Dick Cheney and his oil buddies.

But why should Minneapolis be paying to do the Fed's dirty work?  What are
is the Federal government doing for Minneapolis?  In fact, not only are the
Republicans at the state and federal level cutting Minneapolis' funding, but
the war that is the subject of the protest is undoubtedly going to be
draining many more resources needed for cities.  ($75 billion for the first
month).

Proposal -
I suggest that the City administration refuse to provide any more policing
for protests directed at the federal government, and refuse to arrest people
involved in these protests.  Why should Minneapolis pay for the federal
government's security given its own dire needs and the lack of federal
assistance?  If the Mayor is really anti-war as he always suggests, this
would be a great opportunity for him to take some concrete action to refuse
to help the federal government's war effort.

Jordan Kushner
work downtown


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Re: [Mpls] Death of Minneapolis man in custody ruled a homicide

2002-12-11 Thread Jordan Kushner
Now that the Medical Examiner - the government medical expert, has found
that the police committed a homicide, the prospect of criminal charges needs
to be taken seriously.  Unfortunately, the current process for considering
criminal charges against police officers is not serious.  The Hennepin
County Attorney's office - whose prosecutors work with Minneapolis police on
a daily basis - will present evidence to a grand jury to decide whether to
indict the police for any crimes.  There is no legal requirement in
Minnesota that criminal charges be presented to a a grand jury except for
1st degree murder cases.  (The actions of the police in this case would not
fit with 1st Degree Murder because they were not premeditated or fitting in
other specific categories for that crime.  The killing could be 2nd or 3rd
Degree Murder).  The county attorneys in fact do not use a grand jury to
bring criminal charges in any other cases except for rare politically
controversial cases.  They otherwise bring criminal charges by simply
drafting a document called a complaint and having it signed by a law
enforcement officer.   When the county attorney does use a grand jury
voluntarily, it is to make it APPEAR that the process was not political.
This appearance is nonsense.  Only the prosecutor presents evidence to a
grand jury, and the prosecutor can pretty much present evidence it chooses.
The prosecutor can usually get whatever result he/she wants.  The common
saying is "you can indict a ham sandwich."  If there is no indictment, it is
most probably because the county attorney did not want an indictment.  I
cannot recall hearing of any case where a Minneapolis police officer was
indicted for a homicide (has anyone else?).  This is despite some highly
suspect cases, such as killing an elderly couple (Lloyd Smalley and Lillian
Wiese)  in their apartment with a flash bang grenade explosion in 1989,
shooting a seventeen year old (Tycel Nelson) in the back in 1991, shooting
Abuka Sanders dozens of times a couple of years ago, to name a few.

The most recent case is simply too serious to allow the Hennepin County
Attorney to go through its normal process/cover-up.  THERE NEEDS TO BE A
SPECIAL PROSECUTOR APPOINTED.  This would be an independent attorney who is
experienced in criminal law, but does not have any meaningful ties to local
police.  Other states, such as New York, commonly use this process.  A
crebible special prosecutor is the only way that I can think of to give
credibility to the outcome of this case.

Jordan Kushner
Golden Valley
work downtown

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Re: [Mpls] Mayor Rybak and his promised veto of a City Council Anti-War Resolution

2002-12-04 Thread Jordan Kushner
I would like to second the very thoughtful posts of Brandon Lacy and Paul
Rohlfing articulating why it is appropriate and ethically necessary for the
City Council and Mayor to take official positions on certain issues that are
not strictly confined to the boundaries of the City of Minneapolis.  I made
some arguments on this issue in a previous post:
http://www.mnforum.org/pipermail/mpls/2002-September/016944.html
The bottom line is that  we live in a global society and are citizens of a
global empire, where the federal actions done around the world are in our
name, paid for with our tax money, and ultimately affect our local
communities.  A war will have people from this city (at least who are in the
military) killing innocent people and being at risk of losing their own
lives.  A war will take a huge amount of resources that should be spend on
addressing serious social and economic urban problems that the City of
Minneapolis government cannot possibly address by itself.  It is necessary
for elected officals to demand that the federal government refocus
priorities.  The refusal to take a position on an unjustified war is a
cop-out - both ethically and pragmatically.

The real question is not whether to take a position on the imminent war
against Iraq, but how to do so effectively.  An anti-war resolution must be
anti-war, but should also tie in policy issues (such as those suggested by
Gary Hoover), and should declare Minneapolis to be a war-free zone where the
City affirmatively refuses to cooperate with the war effort in any way that
it might be expected to.

Jordan Kushner
Golden Valley
works downtown, lived in Minneapolis for 14 years, and will someday return.

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Re: [Mpls] QUILTY, QUILTY, QUILTY, QUILTY, QUILTY

2002-11-21 Thread Jordan Kushner
A verdict of guilty is not the same as a "conviction."  In the federal court
process, a conviction becomes official after sentencing.  This usually takes
a couple of months.  Meanwhile, Biernat has the opportunity to file motions
for the judge to set aside the verdict.  (This rarely happens but is an
option).   After the conviction, Biernat has the right to appeal.  It is
debatable whether a conviction by the trial court should be sufficient to
finally determine someone guilty, or if the right of appeal should be
honored.

The Minneapolis City Charter is characteristically vague about what should
lead to removal from office.  I have attached a copy of the provision at the
bottom of my message.  It allows removal "for cause" but has very little
example of what is enough cause, and mentions nothing about crimes.  The
Charter also requires that a council member be provided with a due process
hearing before the council before removal.  Can anyone imagine the City
Council actually conducting a hearing on a fellow council member?  I believe
that based on the guilty verdict and the City Charter, the City Council now
has an ethical obligation to conduct a hearing to decide for itself whether
Biernat should remain in office.  I predict, however, that if Biernat does
not resign, the City Council will continue to avoid dealing with the issue
at least until the completion of all court appeals.

Jordan Kushner
Golden Valley

---
City Charter excerpt:

[Chapter 4]
Section 4.  City Council--Power to Remove Officers--Place and Manner of
Trial.  The City Council shall have power to remove from office any officer
of said City whether appointed by the City Council or elected by the people,
but no officer elected by the people shall be removed except for cause, nor
unless first furnished with a copy of the charges, nor until such person
shall have had reasonable opportunity to be heard in person or by counsel in
his or her own defense. Continued absence from the meetings of the Council
in case of Council Members, and neglect of duty in case of other officers,
unless for good reason, shall be deemed a good cause of removal.

 The City Council shall fix a time and place for the trial of such officer,
of which not less than ten days' notice shall be given, and shall have power
to compel the attendance of witnesses, and the production of papers, and to
hear and determine the case, and if such officer shall refuse or neglect to
appear and answer such charge the City Council may declare the office
vacant.
--





- Original Message -
From: "Terrell Brown" <[EMAIL PROTECTED]>
To: "Minneapolis Issues List" <[EMAIL PROTECTED]>
Sent: Thursday, November 21, 2002 4:27 PM
Subject: [Mpls] QUILTY, QUILTY, QUILTY, QUILTY, QUILTY


>
> -Original Message-
> From: Rosalind Nelson
>
> http://www.startribune.com/stories/462/3447992.html
>
> "City officials would not speculate on whether Biernat's conviction
> would automatically force him to quit the council."
>
> [TB]  How does someone not resign after being convicted of 5 felonies?
> If he hasn't resigned by then the Council should remove him from all
> committees when they meet tomorrow.  The last thing we need is a
> convicted felon serving in elected office.  The other coucil members
> can't be happy about this.
>
> Doesn't one need to be an eligible voter to serve in elected office?
> Doesn't a felony conviction bar one from voting?
>
>
>
> Terrell Brown
> Loring Park
> terrell at terrellbrown dot org
>
>
> __
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[Mpls] Biernat Trial

2002-11-20 Thread Jordan Kushner
Based on press reports about Joe Biernat's trial, it appears that the
federal government's case against him is based almost entirely on his signed
confessions.  There does not seem to be a question that he got free plumbing
work through a union official, and then supported that official's
appointment to a board.  This much raises serious ethical questions but
would not serve as the basis for a federal extortion case - it is more
accurately categorized as "politics as usual" in traditional Minneapolis
local government.  The essential evidence is Biernat's signed statement that
he specifically accepted the bribe in exchange for the political favor.

A recorded or signed confession is probably the most sure piece of
evidence for obtaining a criminal. conviction.  Unfortunately, confessions
are highly overrated.  There have been some high profile cases in Texas and
Illinois in the past several years where people have been released from
death row where confessions got them there, but scientific evidence later
exonerated them.

There is a large body of literature and educational seminars for police
and law enforcement agents on conducting interrogations and getting
confessions.  While physical brutality is mostly passe, the experts now
emphasize the many psychological tricks to get people to confess.   The big
misconception is such a confesssion is automatically equivalent to the
truth.   There could be many reasons why someone could falsely confess -
fear, exhaustion (some interrogations go on around the clock),
misunderstanding, emotional weakness, etc.  While getting a confession can
be challenging, it is not as difficult and not necessarily the same as
confirming the truth.  It is simply the most convenient way to secure a
conviction and get the cops, agents, prosecutors credit for solving a case.

By all indications, Biernat's interrogator, FBI agent Sean Boylan is an
expert at getting confessions and his prior work might be a prime example of
how confessions do not equal the truth.  Apparently, the judge prevented
Biernat's attorney from bringing out some evidence about Boylan's
background, which will make it all the less likely that the jury will be
able to fairly evaluate the reliability of the confession.

From my limited observation of Biernat, I could easily see him making a
false confession.  What always struck me (before the indictment) was Joe's
unyielding reverence to power and authority.  This "strength" in the
Minneapolis DFL machine turned out to be his fatal weakness when dealing
with the skilled FBI interrogator.  I seriously question how much this
weakness has to do with guilt or innocence.

Jordan Kushner
Golden Valley


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Re: [Mpls] good news bad news

2002-11-07 Thread Jordan Kushner
The other time that Wellstone got arrested was in a protest against the war
against Vietnam .  His two arrests were brought out vigorously by Boscwitz
in the first campaign.  Wellstone was rightfully proud of both of them.

BTW, brilliant analysis of Wellstone and the election situation by Steve
Perry in a just released City Pages article:

http://newsletter.citypages.com/nlrd.php?url=/databank/23/1144/article10857.
asp

Jordan Kushner
Golden Valley

- Original Message -
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Thursday, November 07, 2002 4:11 PM
Subject: Re: [Mpls] good news bad news


> The only time I am aware that Wellstone ever was arrested was when folks
went
> in to "foreclose" on a bank in Paynesville in the mid to late 80s (?) over
> FMHA foreclosures on farms.
> tom taylor
> NE MPLS
> ___
>
> Minneapolis Issues Forum - A City-focused Civic Discussion - Mn
E-Democracy
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>

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[Mpls] More on Judicial Races

2002-10-31 Thread Jordan Kushner
---

Judge Seymour Crump v. Kevin Kolosky

This is a slam dunk.  Kevin Kolosky has run for a judgeship in every
election since 1994 (right after he became an attorney).  I have heard that
he waits in the county elections office until the last minute and then
randomly chooses an opponent.  He has never, to my knowledge, ever
articulated a serious reason for any of his challenges.  While I am a
believer in judicial elections to enforce some sort of accountability, this
argument is undermined by someone like Kolosky who treats the process like a
game.  Judges have powerful jobs that can have profound effects on people's
lives.

I am very familiar with Judge Crump.  He has one of the most affable and
easygoing personalities.  Judge Crump is not the most scholarly jurist, but
does apply a common sense approach which seems to work very well becuase of
his extensive experience, and understanding of people in general and the
dynamics of the judicial system.  His decision in the Twins case is a great
example.  I have heard that Judge Crump is often too prosecution-oriented in
serious criminal cases, but he has been fair in my cases.

---

Judge Herbert Lefler v. Liz Pierce

I do not know Liz Pierce.  I have appeared extensively in front of Judge
Lefler, and have no significant complaints.  He is easygoing, respectful of
the attorneys and parties, and listens to all sides.  Judge Lefler is
another judge that seems to emphasize a common sense approach to decision
making.  I would be interested in hearing more about Liz Pierce and why she
is challenging Judge Lefler.



Judge Tanya Bransford v. Pat McCormick

I am familiar with Judge Bransford, and know nothing about Pat McCormick.
However, I have no idea why anyone would challenge Judge Bransford.  She is
highly capable both intellectually and in understanding and relating to
people.  It is curious while six out of twenty-seven judges are being
challenged, two of them are among the fewAfrican American judges (Judges
Bransford and Crump).  Judge Bransford is particularly conscious and active
in dealing with the extremely problematic issues of racial bias in the
justice system, and is effective at doing so because of her affable
personality.

--

Judge James Swenson v. Robert Schwartz

I have appeared in front of James Swenson, who does exclusively family law,
for one divorce trial.  Although he is brash and I did not get a positive
result, in hindsight I cannot substantively fault his handling of the case
or his reasoning.  He has a no-nonsense and common sense approach to
expediting and deciding cases which is important in divorce cases which can
unnecessarily consume family's lives.

I do not know Robert Schwartz.  Based on what I have read,  I cannot see a
good basis for the challenge.

-

It feels strange and uncharacterstic that I have spoken positively of all
the incumbent officeholders.  There are some other judges that I would like
to see challenged.  Maybe in the future.

Jordan Kushner
Golden Valley

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Re: [Mpls] Don't Forget Judge Crump!!

2002-10-31 Thread Jordan Kushner

- Original Message -
From: "WizardMarks" <[EMAIL PROTECTED]>
To: "Barbara Lickness" <[EMAIL PROTECTED]>
Cc: "Dean Carlson" <[EMAIL PROTECTED]>; "'Mpls list'" <[EMAIL PROTECTED]>
Sent: Thursday, October 31, 2002 10:23 AM
Subject: Re: [Mpls] Don't Forget Judge Crump!!

[snip]

>She has worked hard
> and pitched in where she was needed. She has several years of litigation
> experience as a city attorney with the kind of crimes that make
> livability difficult for us. Her opponent, Zimmerman (no relation to
> Dean), had no litigation experience before being appointed a Judge by
> Ventura. It makes him slow to come to decisions on the issues raised in
> misdemeanor criminal cases.

Wizard has yet again provided completely incorrect facts.  Lloyd Zimmerman
worked for more than 20 years as a TRIAL attorney with the U.S. Equal
Employment Opporunity Commission.  His job was to litigate.  He obviously
has more litigation experience than Julie Delgado O'Neill, although it is in
a different area of law and that is not to say that litigation experience is
everything,  But at least make some efforts to check your facts!

And Wizard, what is your basis for saying that Lloyd Zimmerman is slow to
come to decisions on the issues raised in misdemeanor cases?  Have you
observed him in any such cases, or did you hear this from some unidentified
source?  This sort of statement provides nothing but confusion if not
accompanied by specifics.

Jordan Kushner
Golden Valley

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Re: [Mpls] Don't Forget Judge Crump!!

2002-10-31 Thread Jordan Kushner



I suppose that Julie Delgado O'Neill can handle 
being judge (although I hope that her agenda from being a city attorney is 
not to fill up the jail with low-level misdemeanor offenders), but I cannot 
understand why the incumbent Lloyd Zimmerman should be unseated.  His 
background consists of many years as a trial attorney with the EEOC prosecuting 
complex discrimination cases, and is highly thoughtful and 
intelligent.  I tried to ask Julie why she was running against 
Zimmerman, but unfortunately it was at the city attorney's office so she could 
not go into detail.  Can someone please explain?
 
Jordan Kushner
Golden Valley

  - Original Message - 
  From: 
  Barbara 
  Lickness 
  To: Dean Carlson ; 'Mpls list' 
  Sent: Wednesday, October 30, 2002 9:49 
  PM
  Subject: Re: [Mpls] Don't Forget Judge 
  Crump!!
  
  As long as we are endorsing judges, I hope everyone will vote for Julie 
  Delgado O'Niell.  She is currently a city attorney. She has been very 
  visible in crime ridden neighborhoods like Phillips, Central etc.   
  She has a good view of criminal issues in Minneapolis from the side of the 
  neighbors as well as with prosecution of misdimeanor crimes as a city 
  attorney.  I think she will be an asset to the court system. 
  Barb Lickness/Whittier
   "Never doubt that a small 
  group of thoughtful, committed citizens can change the world. Indeed,it's 
  the only thing that ever has." -- Margaret Mead
  
  
  Do you Yahoo!?HotJobs 
  - Search new jobs daily now


Re: [Mpls] Voting by Non-Citizens - by mail or in person

2002-10-23 Thread Jordan Kushner

- Original Message -
From: "Duke Powell" <[EMAIL PROTECTED]>
To: "Erik Riese" <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>;
<[EMAIL PROTECTED]>
Cc: "Phyllis Kahn" <[EMAIL PROTECTED]>
Sent: Tuesday, October 22, 2002 11:56 PM
Subject: Re: [Mpls] Voting by Non-Citizens - by mail or in person


> I have read Rep Kahn's proposed bill, HF 2448, and I have an idea to
improve
> it.
>
> If we are going to allow non-citizens to vote in local elections, why
don't
> we allow them to run for elective office as well?

Why not?

Jordan Kushner
Golden Valley

>
> Duke Powell
> Burnsville


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Re: [Mpls] City Council Cops Out on Iraq

2002-09-28 Thread Jordan Kushner



Barbara, i can 
sympathize (and empathize) with the perils of living in the central city.  
This is exactly why it Dean Zimmermann is doing the right thing by speaking 
out against war.  Why?:
 
First, if the crime in Phillips has 
such an impact on daily life, can you imagine how life must be in a country 
where there is a lack of food and clean water due to U.S. economic and military 
aggression, and then literally have bombs dropping on one's house and 
neighborhood, and now the threat of an invading army?  Local elected 
offiicals, as the rest of us, have an ethical obligation to speak out 
against atrocities being committed in our name.  Anyone in an official and 
visible position has more of an obligation because they are in an official and 
visible position.
 
Second, there ARE connections between what the U.S. 
is doing (?)12,000 miles away and what is happening in Phillips.  The 
hundreds of billions of dollars wasted on the war machinery to invade countries 
12,000 miles away needs to be directed at the problems in our 
inner-cities.  Imagine how much a small portion of that money could do to 
improve housing, stimulate economic development, provide job training, drug 
treatment, etc.  
 
The only hope for urban problems is for city 
and community leaders to stop responding to problems in a reactionary manner, 
and address the underlying causes.  This includes recognition 
that what happens in the city of Minneapolis  is not just based 
on what happens in the city of Minneapolis.  Our problems are connected to 
what is happening elsewhere.  In particular, the problems are rooted more 
in Washington then the disenfranchised teenager in Phillips.  If more 
communities recognized that and directed energies accordingly, we get some real 
change.
 
Jordan Kushner
(now moving from Powderhorn to suburb)

  - Original Message - 
  From: 
  Barbara 
  Lickness 
  To: Jordan S. Kushner ; Minneapolis Issues 
  Forum 
  Sent: Saturday, September 28, 2002 10:34 
  AM
  Subject: Re: [Mpls] City Council Cops Out 
  on Iraq
  
  Personally Jordan, I wish Dean Zimmerman would spend more time passing 
  resolutions that would help his war torn ward than concentrating on issues 
  that are 12,000 miles away from here. While I am not diminishing the 
  significance of the ward in Iraq, we elected our city council people to 
  concentrate on the city.  I expect that to take precedence over 
  everything else. If I have a passion about the war in Iraq, I am calling Paul 
  Wellstone or Marty Sabo, not Dean Zimmerman or Robert Lilligren.
  Since Dean has taken office he has offered resolutions for us not to watch 
  T.V. for a week, against some human rights offenses in some country in the way 
  beyond and now the war in Iraq. HELLO, he has people that fear for 
  their lives every single day in Phillips and sleep with one eye open. I 
  haven't seen one resolution from him that might help them. In fact, I hear 
  very little from him on the horrendous crime issues in Phillips other 
  than the police are brutal.  Mostly, he shows up at meetings late, stands 
  in the back of the room, says nothing and then leaves. So far R.T. is the only 
  city leader that is taking a leadership role about the crime problems in 
  Phillips.  
  Many of the people I speak with in war torn Phillips are wondering when he 
  will put their safety and well-being ahead of his other passions in countries 
  far away.  This is why he was elected. If Dean wants to debate the war in 
  Iraq, then run for U.S. congress or U.S. Senate. In the meantime, Phillips 
  needs his attention here in Phillips.
  Barb Lickness/Whittier
   
   "Never doubt that a small 
  group of thoughtful, committed citizens can change the world. Indeed,it's 
  the only thing that ever has." -- Margaret Mead
  
  
  Yahoo! - We Remember9-11: A tribute to the more than 3,000 
  lives lost


Re: [Mpls] Posting

2002-09-20 Thread Jordan Kushner



While I appreciate Peter McLaughlin's information 
about his work, he fails to respond to the criticisms raised by his 
opponent.  The willingness to respond to legitimate questions is what 
makes the difference between issuing PR statements and showing true 
accountability to voters.  In the hope of starting a genuine dialogue, 
I pose the following questions for commissioner McLaughlin:
 
1) Why have you appeared to consistently support 
public funding for a private sports stadium?
 
2) What was your role in the decision to have 
Highway 55  fly over Lake Street while causing a much larger delay in 
the traffic lights at that intersection?  
 
3) Why did you sign your names as one of the 
co-authors of an op-ed piece in the Star Tribune on March 27, 2001, in which you 
appeared to denounce the Minnesota Attorney General's investigation of Allina 
Health System's unethical practices?
 
4) How do you justify your consistent 
past support for the Highway 55 reroute near the Mississippi river which 
was destructive to the environment, the community, Native American culture, and 
has actually led to more rather than less traffic?
 
5) How do you compare or distinguish your political 
agenda from your allies in the city of Mineapolis' DFL leadership who were 
defeated in last year's elections?
 
Thank you in advance for taking the time to 
respond.
 
Jordan Kushner
Powderhorn
 
 

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  To: [EMAIL PROTECTED] 
  Sent: Thursday, September 19, 2002 4:23 
  PM
  Subject: [Mpls] Posting
  David, Please post. I have often commented on how 
  difficult it is to catch the attention of the voters when you are runningfor 
  County Commissioner. My hat is off to the issues list and those of you who 
  participate in it for paying attention and providing the opportunity to 
  present information. Thank you to those of you who have written words of 
  support. Please excuse the length of this posting, but I have been 
  busy, have gotten a lot done and have a lot more that I want to accomplish. 
  During the time I have been privileged to serve on theHennepin County 
  Board of Commissioners, we have accomplished remarkable things.  In 1992, 
  no one gave Light Rail Transit much of a chance, and yet, at the end of 
  2001, the HiawathaLine was more than 30% completed! During the past few years, 
  I have helped bring, for the first time,significant Hennepin County resources 
  to the fight for affordable housing.  In 2002 alone, the Hennepin 
  County Affordable Housing Incentive Fund will provide $4 million 
  for projects throughout the county,adding to the hundreds of units we have 
  already helped create in the last two years.  And the Midtown Greenway 
  has gone from an abandoned trench to a multi-use trail that will soon be 
  built to Hiawatha Avenue, and in the years to come, all the way across the 
  Mississippi River. As hard as we have worked and as much as we 
  haveaccomplished, there are challenges that remain.  I am excited about 
  the work ahead and the opportunities that wehave to make Hennepin an even 
  better county in which to live and work. AFFORDABLE HOUSING: 
  During the past three years, Hennepin County has dedicated millions of 
  dollars to developing affordable housing.  But the County alone cannot 
  spend enough to solve the problem,and we must be creative in our efforts. I am 
  working with local and state veterans and housing organizations to secure 
  State bonding money for the Fort Snelling Veterans Housing Project –218 
  units of efficiency housing. We have used County bonding to turn over 1000 new 
  market rate units into critically needed affordable units.  I also 
  authored a resolution providing funding to support development of a land 
  trust for affordable housing in Minneapolis.  And County Sentence 
  toService crews (men and women) are rehabilitating boarded properties and 
  getting them back into productive use.  These are the kinds of creative, 
  effective projects I will continue to fight for on the County Board. 
  ENVIRONMENT: The picture on global warming is clear 
  and frightening.  I am doing all I can to make Hennepin Countya partner 
  in reducing dangerous emissions and an innovator in new and greener forms of 
  energy.  With my leadership,Hennepin County’s capital plan calls for 
  investing in a large gas turbine atHennepin County Medical Center and in 
  gas turbines and experimentalfuel cells at the County 
  Home School, making us less dependent oncoal- and nuclear-fueled electricity. 
  Hennepin County has also distributed thousand of below-cost compostbins 
  to reduce solid waste volumes. And, perhaps most new and old all at once, I am 
  working on the development of a Community Energy Coop in the Phillips 
  Neighborhood.  If successful, this would be the first urbanelectric coop 
  in Minnesota and the first new coop statewide since the late1930’s.  T

[Mpls] Court Decision on Defamation on List

2002-08-20 Thread Jordan Kushner

Today, the Minnesota Court of Appeals filed a decision regarding a lawsuit
by list member Jana Metge against  list member Basim Sabri for defamation
and interference with her contractual relations.

http://www.courts.state.mn.us/opinions/coa/current/c202249.html

 The case involves actions in the ongoing CNIA dispute.  Of particular
interest to the list is that one of Metge's defamation claims was based on a
posting on this list by Basim on April 23, 2001 in which he accused CNIA
leadership of misappropriating $110,000 of NRP funds.*   The post did not
specifically mention Metge, but Metge claimed that the post implied that she
was responsible.  The court of appeals, in upholding the dismissal of this
claim, stated as follows:

"Sabri's posting was part of a continuing on-line dialogue related to the
CNIA and NRP.  Discussion of matters in the public interest and involving
public persons justifies robust, and sometimes even caustic, debate.
[Diesen v. Hessburg, 455 N.W.2d 446, 453 (Minn. 1990)].  We conclude that
the posting represents a statement of opinion and does not contain such an
omission or juxtaposition of facts as would be necessary to establish
genuine issues of material fact for defamation by implication."

This should not be interpreted as any legal advice for people posting their
opinions on this list, but it seems that this court believes that there
should be some latitude in expressing views in this sort of forum.

Jordan Kushner
Powderhorn


* The following is the excerpt of the post that was alleged to be
defamatory:

"And in fact, there were many files pertaining to NRP [Neighborhood
Revitalization Program] funds and programs, along with many other materials
that were necessary to operate the organization and NRP business that had
disappeared when the new board came into office.  Not only is there $110,000
of NRP funds currently missing, but as we all know, it costs a lot of money
to generate those files and reconstruct those files that are now missing.  I
hold the NRP * * * responsible for filing formal charges and investigating
this matter.  However, to this date, they have done nothing to resolve this
very important issue after a formal request was given to them.  Isn't it
ironic that the ED at that time (Jana) is currently the ED of another
neighborhood group that receives NRP funds?  I am wondering when the NRP
office will start holding individuals accountable for their actions.
Frankly, I don't see it happening under the current operation of the NRP.
We must have reform and we should start holding people accountable for
public money that is clearly misappropriated."




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[Mpls] County Commissioner District 2

2002-07-30 Thread Jordan Kushner

Apparently there are five candidates for Hennepin County Commissioner in
District No. 2.  (Mark Stenglein is the incumbent).  Does anyone have
information about any of the candidates?

Jordan Kushner
Powderhorn

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Re: [Mpls] HCBA launches judicial-evaluation website

2002-07-03 Thread Jordan Kushner

While the statistical data about judges provided on the Hennepin County Bar
Association website is interesting and could be useful, it is still most
unfortunate that the HCBA governing council decided to do away with the
judicial evaluation surveys sent to lawyers in Hennepin County which
actually addressed attorney's opinions of the judgess performances.  This
was the only mechanism for obtaining feedback from people who encounter the
judges on regular basis.  Although there were limitations with this process,
it was better for the public to have this information, as opposed to having
no information about how attorneys perceived the judges.  This process had
been in place in election years from 1992-2000, and the only group that a
problem were most of the judges.  The county bar association's duty to
perform a service to the public was overwhelmed by pressure to please the
judges.

Jordan Kushner
Minneapolis



- Original Message -
From: "Melendez, Brian" <[EMAIL PROTECTED]>
To: "Minneapolis Issues (E-mail)" <[EMAIL PROTECTED]>
Cc: "Brent E. Routman (E-mail)" <[EMAIL PROTECTED]>; "Duane
Stanley (E-mail)" <[EMAIL PROTECTED]>; "Jean F. Holloway (E-mail)"
<[EMAIL PROTECTED]>; "Joan M. Schulkers (E-mail)"
<[EMAIL PROTECTED]>; "John M. Dornik (E-mail)" <[EMAIL PROTECTED]>;
"Laurence Buxbaum (E-mail)" <[EMAIL PROTECTED]>; "Marlene Garvis (E-mail)"
<[EMAIL PROTECTED]>
Sent: Wednesday, July 03, 2002 2:04 PM
Subject: [Mpls] HCBA launches judicial-evaluation website


> A few weeks ago, in response to questions posted by Michael Libby on
> a thread titled "Watching the judges," I mentioned that the Hennepin
County
> Bar Association also evaluates judges and would be launching a three-year
> experiment with a new judicial-evaluation process, including a website
with
> judge-by-judge information. I promised that I would follow up that message
> when the new website had gone live. Here is the announcement about the new
> website. The recommendation and report adopting the new process are
> available online at http://www.hcba.org/news/news-home.htm.
>
> (I ought to mention that, while I signed the enclosed message as
> HCBA President, my term ended over the weekend. The new President is Jean
F.
> Holloway.)
>
> BRM
>
> Brian Melendez
> St. Anthony West (Ward 3)
>
>
> > -Original Message-
> > From: Melendez, Brian
> > Sent: Wednesday, June 26, 2002 9:19 AM
> > Subject: HCBA launches judicial-evaluation website
> >
> > The Hennepin County Bar Association is launching a three-year
> > experiment with a new judicial-evaluation process, in which more
> > information, and more relevant and useful information, will be available
> > to the practicing bar and to the public. The Bar Association's
> > leadership--whose Governing Council unanimously approved the new process
> > in February, after a six-month study--hopes that this new process will
> > dramatically better serve the essential purposes of judicial evaluation:
> > informing the public about how well the community's judges are
exercising
> > their offices and upholding their public trust, and returning honest
> > feedback to judges that will help them function as effectively as
> > possible.
> >
> > I am writing in order to announce the launch of the new process's
> > most visible feature: a website that allows "one-stop shopping" for
> > information about each judge. This website will collect and publish hard
> > factual data about judges' performance, including but not limited to--
> >
> > --how promptly the judge disposes of pending cases;
> >
> > --how often the judge disposes of cases by summary judgment,
> > alternative dispute resolution, and other methods short of trial;
> >
> > --how often the judge gets removed from cases;
> >
> > --how often the judge's decisions are appealed from, and how often
> > such appeals result in those decisions being affirmed or reversed; and
> >
> > --how often the judge attends or is absent from his or her judicial
> > duties.
> >
> > This information has hitherto been unavailable in any meaningfully
> > accessible form to the practicing bar, let alone the public.
Furthermore,
> > the old process surveyed lawyers about each judge only every sixth year,
> > so that the information about a given judge might be years old. The new
> > process will publish current information about every judge, updated
> > regularly, so that the best available information about every judge will
> > be as up-to-date as possible.
> &

[Mpls] ISAG persecution continues

2002-06-21 Thread Jordan Kushner

Most will remember the International Society on Animal Genetics conference
in July, 2000, when the City of Minneapolis spent an estimated $1.15 million
and deployed 831 cops from several agencies to crush 150 peaceful
environmental and animal rights protesters (35-40 of whom were undercover
cops).

Many will also recall that some of our recently elected officials campaigned
on the ISAG fiasco as an example of the police abuse that they planned to
stop.  Some called for an end to the criminal prosecutions of the protesters
during their campaigns.  [The City Attorney responsible for the
prosecutions, however, was unanimously reappointed by the city council, and
the police chief has of course prevailed politically and remained in office]

In June, 2002, this political persecution is not over.  The City plans to
proceed with a trial of one of the ISAG activists this Monday who is accused
of various misdemeanoros and a gross misdemeanor charge of Riot.
[Disclaimer - I am representing this individual].  A couple of interesting
aspects of this case:  First, the City has no video or photographic evidence
to support its charges against this individual despite having several cops
filming and photographing the demonstration.  Second, the case against this
individual is based exclusively on the claims of undercover cops who
recognized him from attending organizing meetings and then got together and
made various inflammatory [but false] allegations.  He was not arrested at
the protest like others, but charged more than a month afterward.  This
activist was also more easily recognizable because he was the only person of
color involved in organizing the protest.  In other words, the Minneapolis
police of targetted this individual based on their spying on his political
activity, and possible racial profiling.

While the media's interest in this saga has apparently passed, the City's
abuse continues.

Jordan Kushner
Powderhorn

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Re: [Mpls] Police Arrest Bike Riders

2002-03-30 Thread Jordan Kushner

The police have been going through this routine of attacking and arresting
critical mass riders for at least the past couple of years.  I have personal
questions about what the riders politically accomplish by knowingly riding
into these futile confrontations, but that is really besides the point.  The
importance is the police deliberately reppressing people's expression.

The question now is what are the new elected officials who got elected
on platforms that included addressing police abuse going to do about this?
The "accomplishments" of the new administration so far include eliminating
the Civilian Review Authority WITHOUT first setting up a replacement, so far
just talk about exploring the string of police shootings, continuing the
criminal prosecutions of the ISAG protesters arrested in July, 2000 because
831 paramilitary police wanted to justify their presence to combat 100-150
nonviolent protesters.

Jordan Kushner
Powderhorn
- Original Message -
From: "Cameron A. Gordon" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, March 30, 2002 7:40 PM
Subject: Re: [Mpls] Police Arrest Bike Riders


> I talked to two (of about 60) people today who were at the Critical Mass
bike
> ride Friday.
>
> It sounds like this was a carefully planned raid by the police.  Several
police
> cars were waiting. Once the ride got under way, riders were ordered to
ride
> single file and then they were "pinched" off at the front.
>
> A flatbed truck was there and bikes were taken by the police and loaded
onto it.
> Some folks are very concerned because these are their only means of
transit and
> they use them to get to work, school etc.  Apparently those bikes without
> licenses and registration will be keptat least this is the impression
that
> the riders were left with. At least one bike with proper registration has
been
> returned.
>
> Does anyone else question if this is a useful or valuable use of our
police
> resources?
>
> It might be helpful if we could read what motivated this police action.
>
> If there were concerns about safety or violations of law there must have
been
> better, more productive and less costly alternatives to this approach.
>
>
> Cam Gordon
> Seward


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[Mpls] redistricted boundaries

2002-03-19 Thread Jordan Kushner

The maps of the new legislative districts that have been posted to not have
any clear street delineations.  Does any one know the precise boundaries of
the new Minneapolis legislative districts?

Jordan Kushner
Powderhorn

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[Mpls] Need for Independent of Investigation of Police Shooting

2002-03-11 Thread Jordan Kushner

I attended the press conference and vigil at Franklin and Chicago Avenues
this morning for the Somali man whom Minneapolis police shot and killed
yesterday.  The very diverse turnout of about 100 people was impressive.  RT
showed up early and talked to all of the reporters.  He gets credit for
being at the scene in the community - which would be unimaginable with at
least the past two mayors.  His commitment to concrete meaningful action,
however, is the more importantant and difficult test.  RT's talk was limited
to getting the information and listening to the community's concerns.  The
irony of just having eliminated the Civilian Review Authority and cutting
the budget for any independent oversight by more than 50% illustrates the
contradiction between talk and commitment.

As far as concrete and meaningful action goes, I do have a concrete
suggestion:

hire an independent investigator to gather the facts about this killing, as
well as evaluating the policies and practices connected to this and the
numerous other shootings by the Minneapolis police department in the past
couple of years.

As of now, the case is referred to the Hennepin County Sheriff investigator,
the regular practice in these cases.  The problem is that the Hennepin
County Sheriff investigators will only focus on the specific incident,
almost definitely exonerate the officers involved, and will not look at
underlying policies and practices.   The Hennepin County Sheriff is separate
from the police deparment only in the most technical sense, but in reality
works hand-in-hand with the police department on a daily basis.  Its
"investigations" of these incidents are superficial and focused on
corroborating the police officer's accounts.

In order to really "do something" about the trigger happy culture in the
Minneapolis police department, we need an expert and in-depth investigation
by investigators who really have no connection to the department.   Although
RT mentioned at the press conference his usual emphasis on not spending more
money because we are in a recession, the city recently spend $150 to examine
the circumstances behind an elected offiicial taking a bribe.  It is
certainly more important to spend money necessary to find out answers why
the police are killing people.  The type of investigation conducted will be
a real indicator about whether the city officials really care to find out
why.

Jordan Kushner
Powderhorn

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[Mpls] Budget Cuts/Civilian Review

2002-02-16 Thread Jordan Kushner



Apparently, the city council has allotted $200,000 
for a "replacement" Civilian Review Authority ( 
http://www.startribune.com/stories/462/1628811.html   
).  Since the CRA was not effective with a $457,000, it is unlikely 
to accomplish anything with less than one-half that amount.  Although 
the problems are not just based on money, $200,000 might cover a staff of 
3 plus essential overhead expenses - clearly not enough to investigate and 
enforce proper police procedures for a police department with about 1000 
officers.  The short term savings from a meaningless Civilian Review 
Authority will likely result in more money from lawsuits in the long 
run.
 
Given the limited funds now allotted, it seems that 
giving the oversight powers to the Civil Rights Commission may be the only 
promising solution.  This would be more cost effective because it would use 
the infrastructure and staff of an existing agency that already does 
similar tasks.  The City Council, however, would have to pass or amend 
ordinances to expand the Civil Rights Commission's powers and 
responsibilities.  These changes would have to include the power to 
investigate and make findings regarding the violation of police department 
policies.  Additional powers should also include the following:  1) 
the ability to award damages for police misconduct for ANY case, regardless of 
whether it is based on discrimination; 2) the power to impose discpline on 
officers rather than just make recommendations to the chief as is the case with 
the current CRA; and 3) the power to investigate and require the police 
department to make changes in police department policies and practices that are 
determined to cause systemic problems.  The Civil Rights Commission already 
has subpoena power which is a signficant advantage over the CRA.
 
Jordan Kushner
Powderhorn, Ward 8


Re: [Mpls] reply to Jordan Kushner

2002-02-13 Thread Jordan Kushner




Ed, were are you getting your information 
about the Civil Rights Commission?  First, the Minneapolis Civil Rights 
Commission DOES have currently have jurisdiction over the Minneapolis the 
police. This power was granted by a charter amendment passed by voter referendum 
in 1997.  Second, however, the Civil Rights Commission ONLY can investigate 
DISCRIMINATION as defined by the civil rights ordinance.  This power is far 
more narrow than you suggest.  
A.  The discrimination provisions do not 
automatically protect non-white males from police misconduct.  The civil 
rights ordiance only applies if it can be proven that the misconduct was 
motivated by discrimination.  Therefore, if a cop (of any gender or color) 
thumps someone not because he or she is racist or sexist, but simply because the 
cop is a thug - there is no remedy with the civil rights 
commission. 
B.  It is possible that white 
heterosexual males could have a remedy under the civil rights ordinance, but 
only if the police discriminated against them specifically because they were 
white, heterosexual, or male.  
C. There is not any special exception for 
people getting beaten up by cops at demonstrations.  The Minneapolis civil 
rights ordinance does not have any protections related to political 
discrmination or free speech.
 
Conclusion is the same - significant changes to the 
power of the Civil Rights Commission would need to be made in order to allow it 
to deal meaningfully with police misconduct.  Meanwhile, our elected 
officials are avoiding their responsibilities to protect the public from abusive 
police by elimating the Civilian Review Authority without any attempts to create 
a meaningful independent mechanism to monitor the police.
 
BTW, I received a suggestion offline that perhaps 
RT might be repaying the Police Federation for its high profile 
endorsement.  The Police Federation has always vigourously opposed the 
creation and maintaining of an independent authority, and has effectively used 
its clout to make sure that it could never be effective.  Given the 
controversy around RT's courting of the Police Federation after campaigning so 
much as a reformer, these connections need to be questioned.
 
Jordan Kushner
Ward 8

  - Original Message - 
  From: 
  Ed Felien 
  
  To: [EMAIL PROTECTED] 
  Sent: Wednesday, February 13, 2002 2:18 
  PM
  Subject: [Mpls] reply to Jordan 
  Kushner
  
  reply to Jordan Kushner
  Yes, Jordan, you're right.  Giving the 
  Civil Rights Commission power to investigate the actions of the police would 
  not solve all the problems, but it would begin to solve the most serious 
  ones.  The only people not covered under the proposal would be white 
  males (that's you and me), and we'd be covered when we're at demonstrations, 
  which is where we get into most of our trouble, anyway.
  If people of color or women or gays felt they 
  were victims of the use of excessive force in their arrest, then they could 
  get a fair hearing before the Civil Rights Commission, and the police could be 
  compelled to testify.  Damages could be awarded and a police officer's 
  conduct would become a matter of public record.
  It's not perfect, but it would be a step in the 
  right direction and it would save money.
  Ed Felien

  - Original Message - 
  From: 
  Ed Felien 
  
  To: [EMAIL PROTECTED] 
  Sent: Wednesday, February 13, 2002 2:18 
  PM
  Subject: [Mpls] reply to Jordan 
  Kushner
  
  reply to Jordan Kushner
  Yes, Jordan, you're right.  Giving the 
  Civil Rights Commission power to investigate the actions of the police would 
  not solve all the problems, but it would begin to solve the most serious 
  ones.  The only people not covered under the proposal would be white 
  males (that's you and me), and we'd be covered when we're at demonstrations, 
  which is where we get into most of our trouble, anyway.
  If people of color or women or gays felt they 
  were victims of the use of excessive force in their arrest, then they could 
  get a fair hearing before the Civil Rights Commission, and the police could be 
  compelled to testify.  Damages could be awarded and a police officer's 
  conduct would become a matter of public record.
  It's not perfect, but it would be a step in the 
  right direction and it would save money.
  Ed Felien