All posts by Matt Saldaña

Perdue signs Racial Justice Act into law

Matt Saldaña · 11 Aug 2009, 5:19 PM · Comment


Today, Gov. Beverly Perdue signed into law the Racial Justice Act, saying the bill’s passage “ensures that when North Carolina hands down our state’s harshest punishment to our most heinous criminals – the decision is based on the facts and the law, not racial prejudice.”

Perdue’s signature, which follows a dramatic 25-18 N.C. Senate vote, makes North Carolina only the second U.S. state to pass legislation that allows capital defendants to present evidence–including statistical data–arguing that race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial. Previously, defendants could only make a claim of racial discrimination based on explicit evidence of racism in the courtroom.

The law gives current death-row inmates one year to file a claim, and allows all other capital defendants to present such a claim during pre-trial hearings, or following the sentencing phase. If a judge is satisfied that the defendant has proven race was an underlying factor, despite counter-evidence presented by the prosecution, he or she can reduce the sentence or the charge to life in prison without the possibility of parole.

Press releases from the Governor’s office, Amnesty International, and the N.C. NAACP, after the jump: Continue reading »

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Environmental group seeks to intervene in Jordan Lake lawsuit; DWQ gives mixed messages

Matt Saldaña · 11 Aug 2009, 1:55 PM · 1 Comment


Update (4:23 p.m.): Head over to indyweek.com for an updated version of this story, and check back here for further updates on tonight’s hearing. Also, see below for a PDF of Southern Environmental Law Center’s motion.

One day before the Durham Planning Commission meets to discuss a contested boundary that protects Jordan Lake, two environmental advocacy groups have filed a motion to intervene (PDF, 160 KB) in a lawsuit that would force the county to re-draw the lake’s protected area without a public hearing. The motion, filed on August 10 by the Southern Environmental Law Center, seeks to allow the Haw River Assembly, a non-profit environmental group, to “participate fully as a party in defense of Durham County’s decision to commence a formal process for the proposed changes to the watershed boundary.”

Last June, Southern Durham Development, the would-be developer of a massive, mixed-use project that falls within a half-mile one-mile protected area of Jordan Lake, sued the county after commissioners voted to conduct a public hearing before implementing a survey, commissioned by company shareholder Neal Hunter, that would move the entire 164-acre project outside the lake’s protected area. Later that month, the Haw River Assembly released its own survey and hydrologist’s report that found the project was closer to the lake than on current maps, and within the half-mile one-mile boundary.

In an interview, HRA executive director Elaine Chiosso said the motion to intervene “is more about the process than the actual merits of a survey, but this step has to be taken first.”

“We would be supporting the Durham County Commissioners, and the action they took to say, ‘You can’t treat this like a simple map change. It’s affecting the entire boundary,’” she said.

The motion claims HRA has standing in the lawsuit, because its members “live, work, and recreate in the Jordan Lake watershed,” and, for at least 100 members, rely on it for drinking water. It also claims HRA’s interests “are not adequately represented by existing parties.” The suit states:

At the outset, Durham County may consider settlement with the developer out of Court because of liability concerns, rather than vigorously defend the rights of HRA and its members to participate in a public process for consideration of zoning changes that will promote development in a rural area of Durham County and the Jordan Lake watershed.

Continue reading »

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North Carolina General Assembly passes Racial Justice Act

Matt Saldaña · 6 Aug 2009, 6:00 PM · 1 Comment


After approving versions of roughly three-dozen bills, hammering out a state budget, and deliberating for more than three hours, the N.C. Senate had one bill left on its agenda Wednesday night: the Racial Justice Act. The Senate had previously passed a version of the landmark bill, which would prevent the execution of defendants on the basis of race, but not before tacking on a controversial amendment—introduced by Senate Minority Leader Phil Berger (R-Rockingham)—that would simultaneously ensure the resumption of capital punishment in North Carolina.

When it came time for the Senate to concur with a “clean” House version that abandoned the controversial clauses, Sen. Floyd McKissick (D-Durham), the bill’s sponsor, stood up, pointed his finger to the chamber’s door, and left in a hurry. Later, the chamber recessed for nearly an hour while the Democrats held a private caucus on the bill.

At roughly 7:45 p.m., the Democrats emerged, and McKissick—who had delayed the vote twice in the past week to garner enough supporters—said, “I would simply ask my colleagues to concur.”

After Senate Majority Leader Tony Rand (D-Cumberland), and two other senators, “paired” their votes with legislators who were absent—essentially dodging a vote on the issue—Democrats voted nearly in unison for the bill, 25-18, ensuring its passage and ratification. In an interview, Chrissy Pearson, press secretary for Gov. Beverly Perdue, said the governor was expected to sign the bill into law. Continue reading »

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Terrorism hearing delayed until Tuesday

Matt Saldaña · 29 Jul 2009, 6:25 PM · Comment


The detention hearings for all seven defendants accused of conspiring to advance “violent jihad” abroad have been delayed, following defense motions, until 9:30 a.m. on August 4, at the Terry Sanford Federal Building at 310 New Bern Ave in Raleigh.

The defendants will appear before United States Magistrate Judge William Webb, who will rule then whether the defendants will remain in custody, or can be released on bond.

According to a defense motion filed by Robert McAfee, the defense attorney has reason to believe that his client, Hysen Sherifi, is being held at the Wake County Detention Center.

Attorneys for two of the defendants were not assigned until earlier today; the other five defendants received attorneys yesterday. Initially, detention hearings were set for Thursday, but defense attorneys asked for more time so that they could meet their clients and review the charges. Arraignment hearings are scheduled for October 5.

North Carolina, Raleigh, Wake County, news ,

Attorneys for N.C. terrorism suspects request hearing delay; eighth defendant ‘not in the U.S.’

Matt Saldaña · 29 Jul 2009, 2:06 PM · 2 Comments


Attorneys representing five of the seven North Carolina men on trial for terrorism charges have requested that their detention hearings be delayed until next week. Two other attorneys have just been assigned their cases today, and have not yet filed motions for continuance.

The detention hearings, currently scheduled for Thursday at the federal courthouse in Raleigh at 1 p.m. for all but one of the defendants (Anes Subasic is scheduled to make his first appearance, with a Yugoslavian interpreter, today.), will determine whether the defendants will remain in custody of if they can post bond for release.

Meanwhile, The News & Observer is reporting, based on AP wire reports, that an eighth defendant, whom the newspaper names as Jude Mohammad, is “likely in Pakistan.”

However, Amy Thoreson, media representative for the FBI, was quick to note that the eighth defendant’s name has “not been confirmed by anyone,” and would not confirm if the defendant is in Pakistan.

“We are still actively seeking that person, but they are not in the U.S,” she told the Indy. Continue reading »

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N.C. terrorism suspects to appear in court Thursday; prosecutors to use FISA

Matt Saldaña · 28 Jul 2009, 6:34 PM · Comment


All but one of the seven North Carolina-based men charged with a conspiracy to “advance violent jihad“–or, holy war–that would include murder and kidnapping, are set to appear in a federal courthouse in Raleigh on Thursday. Anes Subasic, who is charged with two counts of conspiracy, will appear on Friday make his first appearance Wednesday because he has requested a Yugoslavian interpreter, according to the case docket.

Six of the seven men are U.S. citizens; Hysen Sherifi, a Kosovo native, is a legal permanent resident of the U.S., according to the indictment (PDF, 316 KB).

The seven defendants have all been ordered federal public defenders, though only three attorneys have been assigned thus far. Daniel Patrick Boyd, who faces all seven counts in the indictment–including unlawful possession and sale of firearms, making false statements, and conspiracy to murder, kidnap, maim, and injure persons in a foreign country–has been appointed two federal public defenders. Sherifi, who faces three counts, will be represented by a private attorney from New Bern, N.C. None of the defense attorneys were immediately available for comment. Attorneys for Boyd and Sherifi have filed discovery motions, requesting all evidence the government has gathered on their respective clients, including any recorded material.

The indictment alleges at least two “coded conversations” between Boyd and Subasic in which they indirectly refer to their desire to commit, and help others commit, “violent jihad” abroad, though offers no direct quotations other than “We can do something,” “I’m gonna go, we can go together,” and “I can find a few brothers.”

After Boyd taught him how to use an AK-47 in his living room, Sherifi flew to his native Kosovo to “engage in violent jihad,” the indictment alleges. Afterward, Sherifi allegedly had a conversation with an unnamed source revealing that “Allah has opened a way for me.”

“The recipient of the statement believed this to be a reference to engaging in violent jihad,” the indictment states, without revealing the source, the nature of the statement, or where it took place.

The indictment also refers to an e-mail message Boyd allegedly sent to Sherifi containing an attachment with “literature extolling the virtues of dying shahid,” or, a martyr.

These charges form part of a larger conspiracy, including weapons purchases, “military tactics” training in Caswell County, N.C., fundraising, and various trips abroad to countries including Kosovo, Jordan, Pakistan and Israel, the indictment alleges. Continue reading »

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Day 3: Cynthia McKinney speaks to Greens, though not in person

Matt Saldaña · 27 Jul 2009, 3:46 PM · Comment


2008 Green Party presidential nominee, and former U.S. Representative (D-GA), Cynthia McKinney was scheduled to deliver a keynote speech to the roughly 100 Green Party members who attended last week’s convention in Durham. Due to health issues, she instead spoke to the group about her recent brush with the Israeli Navy, and her involvement with the “Free Gaza” movement, via online video.

Audience members lined up to ask McKinney questions, but because of a communications mishap, McKinney only referred to Gaza-related questions from the video stream’s live chat. One question involved Hurricane Katrina, though she responded by talking about Palestine. In fact, other than a brief reference to her 2008 run (disparaging those who didn’t understand it), and general praise for the Green Party candidates who spoke at a live-streamed news conference Friday, McKinney made almost no mention of her party’s gathering in Durham.

Last month, McKinney and 20 others were seized by the Israeli Navy after attempting to sail through a blockade to deliver humanitarian supplies to the Gaza Strip. The Israeli Consulate has said McKinney’s group could have delivered humanitarian supplies by land, and accused the group of making a “reckless political stunt.”

McKinney was scheduled to be deported immediately, but refused to sign deportation papers and spent a week in jail, according to the Atlanta Journal-Constitution.

“I spent seven days in prison because I wanted the children in Gaza to have crayons,” McKinney said in her video address. Continue reading »

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Day 2 (Part Two): Green Party pitches single-payer health care

Matt Saldaña · 25 Jul 2009, 3:23 PM · 4 Comments


“Live longer; pay less.”

That was the mantra offered by 2004 vice-presidential nominee Pat LaMarche during the Green Party’s single-payer health care forum, held on Friday at N.C. Central University in Durham.

The former talk-radio host, and Maine gubernatorial candidate, got the crowd of roughly 100 to chant along for single-payer systems throughout the world that provide better health care, at cheaper costs, than the United States. The World Health Organization found the United States spends more per capita on health care than any country in the world, but ranks 37th in quality of care. Universal single-payer systems ranking higher include Canada and Australia, while most developed countries provide some element of single-payer insurance.

To assuage opponents of so-called “socialized medicine, LaMarche said that patients could always “opt-out,” like choosing FedEx over the U.S. Postal Service.

“You can still do all the fancy rich-people stuff,” she said. Continue reading »

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Day 2: Greens take a hard look at themselves in Durham

Matt Saldaña · 25 Jul 2009, 1:51 PM · 5 Comments


Day Two of the Green Party’s 2009 National Meeting in Durham featured a forum on single-payer health care (though “forum” may be a stretch; the consensus was that single-payer is the best, and only, option) and press conferences introducing Green Party elected officials, and candidates, to the world.

But the real action happened in workshops, where local Green Party leaders, seated in N.C. Central University classroom chairs, licked the wounds of a contentious 2008 convention in Chicago, and pondered whether the Green Party had lost its relevance in the eyes of the public.

“As I look across this room, we’re old,” said George Martin, former co-chair of the Wisconsin Green Party and a founder of the Green Party Black Caucus. “Not to mention [a lack of] people of color.”

Martin said the Green Party had lost its “feeder system” when Campus Greens, a national student organization, folded due to organizational mishaps, including tax trouble and having no official ties to the national party.

“We’ve got to go back to our roots, and we’ve got to go young,” he said. “Let’s get back to our basic organization. We are activists. We are activists because we weren’t satisfied with the political system.” Continue reading »

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Day 1: Green Party’s 2009 National Meeting in Durham

Matt Saldaña · 24 Jul 2009, 9:09 AM · 3 Comments


At first glance, the Green Party’s agenda for its 2009 National Meeting in Durham is a bit, well, all over the map. Major topics include single-payer health care, mountaintop removal mining, a former presidential candidate’s excursions into the Gaza Strip, and–in the words of steering committee member Holly Hart–”strategic messaging workshops and planning.”

“We wanted to talk about strategy, and what messages are really resonating with the American people,” Hart explained.

2009 is an off-year, so the Greens can afford to try out different strategies and see what’s working–and what isn’t.

On the national level, last year did not work so well. Presidential Candidate Cynthia McKinney finished sixth, behind Barack Obama, John McCain, Ralph Nader, Bob Barr and Chuck Baldwin, at roughly 153,000 votes (roughly one-tenth of one percent). By contrast Ralph Nader received more than 2.8 million votes (or, 2.7 percent) as a Green Party candidate in 2000.

Green Party candidates were elected to 22 local offices throughout the country in November 2008, though most of those elections were non-partisan, according to Phil Huckleberry, chair of the Illinois Green Party.

This year, Huckleberry said 132 Greens are running for office, including “What Would Jesus Buy?” author and comic preacher Rev. Billy Talen, who is running for mayor of New York City.

In Illinois, Huckleberry said no one had ever been elected to a partisan office as a Green but “we fully intend to do that in 2010.”

“Just about anything can happen,” he said.

Update (7/25/09): The spelling of Rev. Billy Talen’s name has been corrected.

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