GENERAL NEWS

 


Jack Merf the Serf Merphy shares with inmates of maximum security institution

Prison system of the USA is a country in the country now. Estimated 2 million Americans are behind bars. On average 4 members of the family are directly related to one inmate. On average two friends are related to him or her too. It makes ten million people who are in need our Christian care and share.

US Census Bureau reports — 5 million Americans speak Russian at home. They are old and new immigrants who came from countries of the former Soviet Union.

Lately, due to economy ups and downs, mortgage crisis, unfortunately, Russian is more and more spoken in American prisons too.

This problem did not exist even 5 years ago. Slavic (Russian, Ukrainian, Belorussian, others) churches of America have no any experience ministering to Russian inmates. The methodology does not exist. Russian testimonial books are printed in Russia and Ukraine only. It is very expensive to get Russian Christian literature into US prisons, or provide it to American-Russian prison ministries.

International Network of Prison Ministries with cooperation of Pacific Slavic Baptist Union of the USA (President Nikola Bugriev), Mark Maciel, Founder of "Prison Ministry America" (former Chaplain of LA County), Jack "Murf-the-Surf" Murphy, Vice-President of INPM, are about to change it all.

On April 13-14, 2012 Historical First Russian-American Prison Ministry Conference will take place in Sacramento, CA.

Please pray for Outreach to Russian Americans in US prisons. Also, if you are available to participate in a Conference by being a part of it - to tech the seminar, to share you experience in Prison Ministry, or simply to donate testimonial and rehabilitation materials, kindly, contact us ASAP by e-mail: slavic@prisonministry.net

Serge Taran,

Founder International Network of Prison Ministries

www.PrisonMinistry.net

P.S.: "Oh! - someone might say. - Russian Mafia in American prisons?"

No. There is no such a thing as «Russian Mafia» in America. It is nothing, but a media hype… 

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John Thompson AP – Former death row inmate John Thompson speaks at a news conference in New Orleans, Tuesday, March 29, … Supreme Court rejects damages for innocent man who spent 14 years on death row
In a 5-4 ruling, the Supreme Court overturns a jury verdict and lower-court rulings awarding $14 million to John Thompson, who had sued then-New Orleans Dist. Atty. Harry Connick Sr. because prosecutors hid a blood test that would have proved his innocence in a murder case. The court majority says the mistakes in the case did not amount to 'deliberate indifference.'
By David G. Savage, Washington Bureau
March 29, 2011, 9:03 a.m.

WASHINGTON -- The Supreme Court on Tuesday threw out a jury verdict in favor of a New Orleans man who sued his chief prosecutor after spending 14 years on death row and coming within weeks of execution because prosecution lawyers had a hidden a blood test and other evidence that would have proved his innocence.

In a 5-4 decision delivered by Justice Clarence Thomas, the high court shielded the New Orleans district attorney's office from being held liable. The mistakes in this case did not amount to "deliberate indifference" on the part of the chief prosecutor, Thomas said.

In the past, the high court has shielded trial prosecutors from any and all liability for the cases they bring to court. The key issue in the case of Harry Connick Sr. vs. John Thompson was whether the district attorney could be held liable for a pattern of wrongdoing and for a failure to see to it that his prosecutors followed the law.

Since 1963, the Supreme Court has said prosecutors have a duty to turn over to the defense evidence that could show a defendant is innocent. No one questioned whether that rule was violated in the case of John Thompson. The question was whether the district attorney's office could be held liable for the mistakes.

After Thompson was freed from death row and acquitted of the murder charges, he sued the district attorney's office. A jury awarded him $14 million in damages, a decision that was upheld by a federal judge and a U.S. court of Appeals panel.

In rejecting that judgment, Thomas, writing for the majority, described the case as a "single incident" where mistakes were made. He said that "Thompson did not prove a pattern of similar violations" that would justify holding the city's government liable for the wrongdoing. Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Samuel A. Alito Jr. joined to form the majority.

However, in Thompson's civil suit against Connick, the father of entertainer Harry Connick Jr., his lawyers showed that at least four prosecutors knew of the blood test that was hidden. Thompson lawyers also showed evidence of other similar cases in New Orleans in which key evidence was concealed from defense lawyers.

Justice Ruth Bader Ginsburg read her dissent in the courtroom, saying the court was shielding prosecutors from "flagrant" misconduct that nearly cost an innocent man his life.

"John Thompson spent 14 years isolated on death row before the truth came to light," she said. He was innocent of the crimes that sent him to prison, and prosecutors had "dishonored" their obligation to prevent the true facts to the jury, she said.

Several weeks before Thompson's scheduled execution, a private investigator found the blood test in the police lab. It showed the wanted man had a type B blood, while Thompson was blood type O.

His defense lawyers later found a hidden report from the crime scene in which witnesses reported a black man who was 6 feet tall with close-cropped hair running away holding a gun. Thompson is 5-foot-8 and had a bushy "Afro" at the time.

That eyewitness report was not turned over to the defense, and it was hidden from the jury by prosecutors when Thompson was convicted of the murder and sentenced to death. "The conceded, long-concealed prosecutorial transgressions in Thompson's trials were neither isolated nor atypical" in New Orleans, Ginsburg said. Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined her dissent.

david.savage@latimes.com
Copyright © 2011, Tribune Interactive

http://www.latimes.com/news/nationworld/nation/sc-dc-0330-court-prosecutors-20110329,0,4120668.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fnews%2Fnationworld%2Fnation+%28L.A.+Times+-+National+News%29



Sometimes we just don't understand life.......
 
Article Image
Man exonerated in Beatrice murder dies in Alabama
By JOE DUGGAN / Lincoln Journal Star
Posted: Monday, March 28, 2011 11:00 pm

Justice proved elusive for Joseph White right to the end.

Convicted of a Nebraska murder he did not commit, White spent nearly two decades trying to prove his innocence. On Sunday, about 2  years after winning his freedom, he was crushed to death by a crane while working at a factory in Alabama.

White, 48, made Nebraska legal history as the first person exonerated of murder by DNA testing.

He was working the third shift at a foundry coke plant in Tarrant, Ala., when an overhead crane pinned him on a catwalk, said

His mother, Lois White, said he was found about 3 a.m. Sunday, collapsed on a factory catwalk. An autopsy has been done, but the results had not been released as of Monday afternoon.

It's unclear if her son was injured while working as a machine operator at the foundry coke plant in Tarrant, Ala., or if he suffered a health problem. As of now, his family does not suspect foul play.

"He appeared to have some injuries to the chest, but I'm not real sure," said his mother, who lives in Holly Pond, Ala. "We've got a lot more questions than we've got answers right now."

In 2008, DNA tests showed White could not have committed the 1985 murder of Beatrice widow Helen Wilson. He and five others convicted in the case became the first people exonerated of murder in Nebraska using DNA testing.

In October, White won a $500,000 settlement from the state for the wrongful conviction. He was still awaiting payment of most of the settlement when he died, his mother said.

He also had a pending federal lawsuit against Gage County. Robert Bartle, a lawyer in Lincoln who was representing White in the civil claims, was unsure Monday how his client's death would affect the state settlement or the federal lawsuit.

White had no serious health problems his family knew about, his mother said. His death came as a terrible shock to his loved ones, especially a son who was born about the time White was arrested in 1989.

"He's very upset," Lois White said of her grandson Brandon Poteet. "Yesterday he said,  just got a daddy and now I don't have a daddy again.'"

Joseph White enjoyed his work at the factory and had recently been promoted. The job allowed him to buy the first new car he'd ever owned.

He also was engaged to marry a former school sweetheart he reconnected with after his release. The wedding was set for May 7.
"It was the happiest he had been in his whole life, really," Lois White said.

In 1989, a jury convicted White of the 1985 sexual assault and murder of Beatrice widow Helen Wilson. He was one of six defendants in the case, but the only one who refused to plead guilty to reduced charges to avoid the threat of the electric chair.
When he was sentenced to life in prison in 1990, White pledged to one day prove his innocence.

That day came on Oct. 15, 2008, when a judge ordered his release from prison. Previously, DNA tests on blood and semen recovered from the victim's apartment -- samples preserved in a police evidence locker -- proved White could not have attacked the victim as witnesses had testified on the stand.

Using savings from prison jobs, White hired a lawyer and filed motions for the DNA tests. Still, it took three years and a state Supreme Court ruling before he was freed.

"It's been a long, hard road and I'm glad it's over," he said as he was led out of the courthouse.

White's insistence also benefited the others convicted in the murder. Thomas Winslow and JoAnn Taylor were released from prison and later pardoned. James Dean, Debra Shelden and Kathy Gonzalez, who each served about five years, also were pardoned.

Dean, Shelden and Taylor subsequently said they lied to the jury to escape a possible death sentence.

DNA tests proved a single attacker had murdered the 68-year-old woman. Investigators found the perfect genetic match by testing a hair collected from an early suspect, Bruce Smith, a criminal drifter who once lived in Beatrice. Smith died of AIDS in 1992 in Oklahoma City.

Nebraska's legal system failed White and he paid dearly for that failure. But in an interview after his release, he refused to blame those who helped convict him. Instead, he faulted those who used the threat of punishment to make a case that lacked hard evidence.

"Those people who testified and lied on the stand were scared. I can understand fear," he said. "When people feel scared, they do anything they can do to feel safe."

White's death saddened his legal team, said Jeff Patterson, a Lincoln lawyer working to help White receive financial compensation.

"He was a really good guy," Patterson said. "It finally seemed like everything was going his way. It's just really sad."

White is survived by his parents, Lois and Carroll White, four siblings, his son, and his fianc, Paige Lathan. His funeral will be Wednesday and he will be buried next to a brother who died while White was in prison.

Lois White asked her son's friends and supporters to send memorials to The Innocence Project, a national nonprofit organization that works to help the wrongly convicted with DNA testing.

One thought has given her a little solace the past two days -- her son proved his innocence and won the justice denied him for so long.

"I was so glad that he had this time of happiness and freedom."

Reach Joe Duggan at 402-473-7239 or jduggan@journalstar.com.

Restoring the vote, and a life, for ex-cons

Thursday, January 6, 2011; A20

 

AS VIRGINIA'S attorney general, Robert F. McDonnell (R) forged a tough-on-crime reputation. Now, as governor, Mr. McDonnell may be surprising some of his supporters by doing more than many of his predecessors - Republicans and Democrats alike - to restore the rights and prospects of ex-convicts. By taking aggressive steps to treat former inmates more humanely, the governor is increasing their chances to rebuild constructive lives, and at the same he's time fighting the scourge of recidivism.

Having promised last spring that the state would prioritize the restoration of voting and other civil rights for ex-convicts, Mr. McDonnell has been as good, and as sensible, as his word. He has granted voting rights to about 86 percent of the 1,269 former felons who have applied for them, including almost 90 percent of nonviolent ex-offenders and almost 80 percent of violent ones. At current trends, Mr. McDonnell is on pace to match or exceed the 4,402 felons whose rights were restored by his predecessor, Timothy M. Kaine (D). That would be a signal achievement.

At least as encouraging are the governor's moves to accelerate and streamline the process. Applications for restored voting rights, which in the past often languished for many months, are now reviewed and ruled on within 60 days. Upon completing their sentences, nonviolent former offenders may apply for restoration of rights after two years, rather than three. On leaving prison, former inmates are given a packet of information that includes an application for restoring their voting rights.

Those are all important steps, and unusual ones for a Republican governor. Virginia's most recent GOP chief executives, James S. Gilmore III and George Allen, granted voting rights to just a few hundred former convicts, contributing to a scandalous status quo in which an estimated 300,000 Virginians remain disenfranchised.

Mr. McDonnell's emphasis on restoring voting rights has been coupled with a push to provide more job training, better counseling and other critical help for ex-convicts. His policies offer the hope that the 13,000 prisoners Virginia releases each year will have a fighting chance to rebuild their lives.

At the same time, the governor's stance raises the question of why ex-convicts are required to apply to reclaim their voting rights at all. Given that nearly 90 percent of these petitions are granted, that former inmates have paid their debt to society and that voting rights are fundamental aspects of citizenship, why shouldn't they be restored automatically, as they are in many states? Even with Mr. McDonnell's reforms, Virginia will continue to disenfranchise 10,000 or more former inmates each year. The governor's own record, laudable as it is, argues for even more far-reaching reform.

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http://www.washingtonpost.com/wp-dyn/content/article/2011/01/05/AR2011010505408.html

Activists say it's time for America to respond to rights violations

By Eric Ture Muhammad -Contributing Writer- | Last updated: Nov 3, 2010 - 12:15:26 AM

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U.S. defense on human rights record is historic, but how much impact will review have on justice?

 

rally_sean-bell11-09-2010.jpg
Anti-police brutality supporters and members of the New Black Panther Party march along Jamaica avenue in the Queens borough of New York, on Dec. 2, 2006, during a rally against police brutality. Anti-police brutality supporters gathered to protest the recent shooting of Sean Bell, 23, and two other unarmed men who were attending Bells bachelor party at a Queens strip club. The three men were shot an estimated 50 times by police officers just after leaving on early Saturday, Nov. 25, 2006. Bell was killed hours before he was to have married the mother of his two children, Nicole Paultre.

ATLANTA (FinalCall.com) - At The Final Call press time, an American delegation of 33 members—possibly including United States Attorney General Eric Holder and U.S. Ambassador to the United Nations Susan Rice—were en route to Geneva, Switzerland to appear before the United Nations Human Rights Council and for the first time in history to review America's human rights record, her practices and how her human rights practices can be strengthened and brought in line with international standards.

The United States has most often been on the accusatory side of the human rights debates, calling out the shortcomings of others abroad while denying rights violations exist at home.

The Universal Periodic Review (UPR) was created through the UN General Assembly in 2006 by a UN resolution that also established the Human Rights Council.It is a cooperative process which, by 2011, will have reviewed the human rights records of every country.Currently, no other universal mechanism of this kind exists. The UPR is one of the key tools of Human Rights

rally_police_brutality11-09-2010.jpg
D'Anore Teeter, left, who helped organize a police brutality rally, and Jack Heyman, right, a longshoreman and member of the ILWU's executive board, speaks during a rally in Oakland, Calif., Oct. 22, about police brutality. Hundreds of San Francisco Bay Area dock workers said they plan to shut down several ports during a rally Saturday in support of the unarmed black man, Oscar Grant, who was killed by a white transit police officer nearly 22 months ago. Photos: AP/Wide World Photos

Council, which reminds countries of their responsibility to fully respect and protect all human rights and fundamental freedoms.The ultimate aim of the review is to improve human rights in all countries and address rights violations wherever they occur.

A lottery drawing resulted in the U.S. appearance in Geneva and though human rights groups and nations have repeatedly appeared before the world body and have summoned America, this is the first time she has agreed to participate.
“It's really important—especially here in the United States” for government involvement, State Department spokeswoman Nicole Thompson told The Final Call. “Because we are the United States of America (and) for a number of countries we set the example. We still hold the standard. It is important that we take a look at ourselves, because we can always improve. We have come a very long way in this country, but there is still far to go and there are always areas for improvement,” she said.

The UPR involves a review of the human rights records of all 192 UN Member States once every four years.The review provides the opportunity for each country to declare what actions they have taken to improve human rights and fulfill international obligations to respect rights. The UPR is designed to ensure equal treatment for every country when their human rights records are assessed.

“For the first time, the entire human rights record of the U.S. will be examined by the UN Human Rights Council on Nov. 5. So, this gives us the opportunity to raise a number of issues within the U.S.—outside the U.S.,” explained executive director Ajamu Baraka of the Atlanta-based U.S. Human Rights Network, in an exclusive interview with The Final Call from Geneva. “We have been raising them for years but we have not been able to generate the kind of attention that these issues require. So, what we have done is galvanize our forces, submitted reports to the UN; brought delegations here to lobby some of our friends in other governments to raise certain questions to the U.S. and now this week educate other organizations and delegations from other countries for what we believe to be the harsh realities of the U.S.,” he said.

Some harsh realities include the “insane” racially disproportionate U.S. prison population, with high incarceratioan rates for Blacks and Latinos as opposed to Whites. There are thousands of U.S. political prisoners America officially refuses to acknowledge, he said. There is also wanton police brutality and “hundreds of thousands of citizens walking the streets at night in America without a place to rest their heads”—as well as communities poisoned by corporate dumping of toxic waste and chemicals, Mr. Baraka continued.

Huge disparities also exist within the U.S. economy, the health care system and immigration policy. “We are raising very important and serious questions this week in hopes of becoming a part of the historic record with the realities that we all face in the country,” Mr. Baraka said.

Some activists feel taking U.S. misdeeds into the international arena may help with the future payment of reparations—others are not quite sure the appearance in Geneva will bring immediate results.

“The United States has been called to the UN Human Rights Council, but I am not so sure that the American government will officially recognize or acknowledge its role in denying civil and human rights around the world and even domestically,” said Chicago-based political analyst Bob Starks.

Mr. Starks told The Final Call the most glaring human rights violation ever was the enslavement of African people and the very foundation of this country was built on slavery. To admit those things would be a direct violation of why they say the country was built, he said.

“Therefore I don't think it will be of any real consequence toward the correction of human rights on the part of the government. I mean, the government has always denied or simply not commented on any complicity to the violation of human rights,” said Mr. Starks.

“This is a country that was literally founded on slavery and genocide,” said activist Carl Dix of the Worker's Communist Party, speaking by telephone from New York. “These are things that have remained in effect since the formation of this country. It is the wealth of this country and they enforce their position brutally.”

It is especially evident, Mr. Dix said, among the young, Black and Brown in inner cities. “The system tries to turn it around and blame it on the people saying, ‘Look at them. They are into violence, they are into drugs.' But what they are trying to hide is the fact that they have sucked the jobs out of the inner cities of this country. They have wrecked the educational system and put our youth in a situation where there is no legitimate way to survive and raise families. So, whatever choice they make it's going to put them in a bad situation.

“Either they are going to starve or they are going to get involved in some hustle. Then they will unleash their cops to beat them, arrest them or kill them,” said Mr. Dix, who has worked extensively on police brutality.

“Most of the country's drug users are White, most of the people arrested for drug use are White, but by far, most of the people that go to jail for drug use are Black, even though Blacks represent a very small minority of the people arrested. Because the criminal justice system diverts Whites out before they are arrested, charged and tried, while, Black people get the book thrown at them,” he said.

The foundations of slavery and genocide will not allow America—even if she wants to come clean and make any meaningful contribution at the hearing, Mr. Dix argued.

Blacks and other human rights activists say the UN process may not be perfect, but it remains a pressure point for the U.S., which remains concerned about its image abroad. For example, China and Iran, in the past, are among countries that have cited American failures when their rights records were attacked.

International law also points to basic standards that countries are responsible for meeting and those remedies may be race-based or clearly targeted at disadvantaged groups, while affirmative in the U.S. has been eviscerated, they note.

It is going to be very difficult for the United States to paint a pretty picture, added Mr. Baraka.

As part of the UPR process, the U.S. government will have to address some elements contained in a 400-plus page report compiled by prominent U.S. civil and human rights organizations that include the NAACP, Amnesty International USA, the Center for Constitutional and Human Rights and the American Civil Liberties Union.

It gives an overview—unlike the report submitted in August by the U.S. government—of the disparities Blacks, Latinos and the Indigenous populations face within the United States, he said.

The U.S. delegates will appear before the UN body and read various parts of their report, then field questions from the human rights panel and member states. At the close of the session the Human Rights Council will offer written recommendations to improve human rights shortcomings and submit their findings to delegates on Nov. 9.

The U.S. will be given an opportunity to respond, but the recommendations will remain.

In the first part of 2011, the Human Rights Council puts the recommendations to a vote, then the U.S. is officially charged with working on meeting the recommendations.

“There are serious concerns in the U.S. I don't think there is any way around that. The government is going to try to spin certain things, while others they might acknowledge certain issues and talk about what they are doing to address those issues, but I think there are certain issues that are so egregious that I don't see how they are going to spin their way out of this. Especially in the light of critical questions we have raised that will be a part of the UPR process,” Mr. Baraka said.

“Doing this kind of objective, in-depth review, we have the opportunity to maybe unearth or take a look at areas we can improve,” conceded Ms. Thompson, of the State Dept.

“Human rights advocates have not only documented substandard human rights practices which have persisted in the U.S. for years, but also those that reflect the precipitous erosion of human rights protections in the U.S. since 9/11,” charged Sarah Paoletti of U.S. Human Rights Network, which only deals with human rights problems in America. Whether its migrant workers, children denied education, or women denied equal pay, “advocates feel compelled to bring their experiences before international human rights mechanisms because the U.S. legal system has fallen short,” she said.

 

From PrisonerActivisits sad story of a juvenile given life.

Free Sara Kruzan

There are approximately 225 juveniles in California serving a life without parole sentence. California has the worst racial disparity rate in the nation for sentencing juveniles to life without parole. Black youth are given this sentence at 22 times the rate of white youth.

A number of California cases have recently been highlighted in the media due to the background of the juveniles who received the sentences, and the circumstances surrounding their crimes. One such case involves Sara Kruzan, now 31. She was raised in Riverside by her abusive, drug-addicted mother. Sara met her father only three times in her life because he was in prison.

Since the age of 9, Sara suffered from severe depression for which she was hospitalized several times. At the age of 11, she met a 31-year-old man named G.G. who molested her and began grooming her to become a prostitute. At age 13, she began working as a child prostitute for G.G. and was repeatedly molested by him. At age 16, Sara was convicted of killing him. She was sentenced to prison for the rest of her life despite her background and a finding by the California Youth Authority that she was amendable to treatment offered in the juvenile system.

"Life without parole means absolutely no opportunity for release," said Senator Yee. (of California) "It also means minors are often left without access to programs and rehabilitative services while in prison. This sentence was created for the worst of criminals that have no possibility of reform and it is not a humane way to handle children. While the crimes they committed caused undeniable suffering, these youth offenders are not the worst of the worst."

"As a society we've learned a lot since the time we started using life without parole for children," said Elizabeth Calvin, a children's rights advocate with Human Rights Watch. "We now know that this sentence provides no deterrent effect. While children who commit serious crimes should be held accountable, public safety can be protected without subjecting youth to the harshest prison sentence possible."

*Written by Michelle Quann

--------------------------------------------------

PLEASE VISIT HER SITE & I Am ASKING EACH ONE OF YOU TO EMAIL SCHWARZENGGER & SEND A LETTER TO PRESIDENT OBAMA* PLEASE Her Petition Has Run Out But We Can Make A Difference & Help This Girl Get A second chance to live life free. PLEASE* God Bless You & Yours Gellybean*

http://www.freesarakruzan.org/ ( You Can Email Schwarzengger >> http://gov.ca.gov/interact#email

 

Prison guard admits sex with prisoner

Friday, August 20, 2010

The Associated Press

MEADVILLE, Pa. -- A since-fired prison guard faces up to seven years in prison after pleading guilty to having sex with an inmate at a Cambria County prison.

Thirty-one-year-old William Gorton III, of Cambridge Springs, pleaded guilty Thursday to institutional sexual assault. Sex with inmates is deemed an assault, because inmates are not considered to be free to consent to sex with their captors.
(Never knew that.)

A state Department of Corrections investigator charged Mr. Gorton in March after investigating information that he had a sexual relationship with a female inmate in August 2009.

Mr. Gorton was fired earlier this year and remains free on bond until he's sentenced by a Crawford County judge on Nov. 16.

http://www.post-gazette.com/pg/10232/1081433-100.stm
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After Four Years Behind Bars, Duke Becomes A Prison Reform Advocate

Posted by: "jamese2002" jamese2002@yahoo.com   jamese2002

Thu Aug 12, 2010 12:49 pm (PDT)



After Four Years Behind Bars, Duke Becomes A Prison Reform Advocate

Duke Cunningham, former congressman and current convict (and the inspiration for the Golden Dukes), is halfway through his eight year prison sentence. And he wants to make a change.

"Maybe that's why God put me here, to bring about much needed prison reform," Cunningham wrote in a letter to San Diego City Beat.

"The USA has more prisoners than any other nation, including Russian & China," he writes. "The US Attorneys win 98% of their cases and if you do not plead in which 80-90% is not true they threaten your wife children etc with prison time."
Cunningham's numbers are slightly off. The U.S. Department of Justice's 2009 statistics show that federal prosecutors won 94.1 percent of cases. In 96 percent of those convictions, the defendant pleaded guilty before trial. The difference doesn't affect Cunningham's point.

[...]"Millions of prisoners but 4x that in families are harmed."

Cunningham is staying in a minimum security prison in Tucson, Ariz., which is adjacent to a maximum security facility. He's there for accepting $2.4 million in bribes from defense contractors in exchange for shuttling contracts their way. (One of those contractors, in fact, is raking in the dough while out on bail.)

Cunningham also wrote that he's been teaching fellow prisoners working toward their GEDs.

"[Too] many students have severe learning disabilities from either drugs or genetic[s]," he wrote, according to CityBeat. "During the past 4 years only one of my students was unable to graduate--I taught him life skills, using a calculator to add, subtract, [multiply and divide]. This way he could at least balance a check book."

Cunningham, a former Navy fighter pilot, signed the letter, "Check six & God bless, Randy 'Duke'

http://tpmmuckraker.talkingpointsmemo.com/2010/08/after_four_years_behind_bars_duke_becomes_a_prison.php?ref=fpblg

DNA test indicates wrong man convicted of rape

(AP) DNA tests conducted under Virginia’s one-of-a-kind post-conviction DNA testing program indicate that a man who served seven years in prison for a 1979 rape didn’t commit the crime, and he wants Virginia’s high court to declare him innocent.
Calvin Wayne Cunningham would be the eighth man exonerated by decades-old biological evidence and the third since Virginia began its massive project to clear those who may have been wrongly convicted in the 1970s and 1980s from biological evidence saved before DNA testing was available.
Cunningham, 57, was convicted in 1981 of raping the superintendent at his apartment complex in Newport News. He was informed in February that DNA tests eliminated him as a possible source of semen left at the scene, one of his attorneys told Virginia’s Forensic Science Board on Wednesday.
Cunningham’s attorneys asked the Supreme Court of Virginia in April to grant him a writ of actual innocence, officially declaring him innocent of the crime. The case was put on hold until DNA tests excluded the victim or her then-husband as the source of the evidence.
Cunningham, who is serving more than four years for theft and other charges, has steadfastly maintained his innocence on the rape conviction, his lawyers said.
“I still hold firm to my innocence,” he wrote to a judge in 1982, adding that if his semen was tested he knew that it would prove his innocence.
DNA testing wasn’t developed until 1985, and was first used in a criminal conviction in 1987 in Florida.
“He’s wanted DNA testing since before anyone knew what DNA testing was,” said Shawn Armbrust, executive director of the Mid-Atlantic Innocence Project. “This, I think, vindicates him.”
Newport News Commonwealth’s Attorney Howard Gwynn did not immediately return telephone messages seeking comment. A spokesman for the Attorney General’s Office refused to comment.
“We cannot get into detail about our response yet, but when filed, it will speak for itself,” Brian Gottstein said.
Armbrust said the DNA evidence has not implicated another suspect.
The victim was asleep on the couch when someone sneaked into her apartment at 4 a.m. and attacked her. She identified her attacker as the black man across the hall, which led police to Cunningham, Armbrust said.
Faulty eyewitness identification also was a factor in many of the other wrongful conviction cases.
In 2005, five men were cleared thanks to old samples of blood, semen and saliva forensic scientist Mary Jane Burton saved in files from 1973 through 1988. After that, former Gov. Mark Warner ordered all the department’s files — hundreds of thousands of them stacked in storage for decades — reviewed for evidence that could clear others who had been wrongfully convicted.
Since the DNA project got under way in 2006, the department has identified 800 cases that contained biological evidence and someone was convicted. An outside laboratory is testing the samples, and the department reviews the findings.
So far, samples in 68 cases have not matched the person convicted, although that does not mean the person is innocent. Often, more DNA testing and investigative work needs to be done to determine if someone was wrongfully convicted. For example, someone could be convicted of a rape who may not have left behind biological evidence, possibly because all he did was hold down the victim.
Cunningham’s case “underscores the significance of this work,” said Gail Jaspen, chief deputy director of the Virginia Department of Forensic Science.
Armbrust said the goal of the program was to “make sure the system got it right, and when it didn’t get it right that it could be corrected.”
“Even though this is justice delayed for Mr. Cunningham, we’re just happy that it is going to be corrected,” she said.
If Cunningham’s petition for a writ of actual innocence is granted, he would be available for restitution from the state.

http://valawyersweekly.com/blog/2010/08/12/dna-test-indicates-wrong-man-convicted-of-rape/

Bill would try to curb wrongful convictions

As both a defense attory and a prosecutor, Trip Chalkley has seen cases of misidentifications lead to wrongful convictions.

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Aside from those wrongfully convicted, few in Virginia are more keenly aware of the consequences of witness/ victim misidentification than Hanover County Commonwealth's Attorney Trip Chalkley.

In the 1980s, as an assistant prosecutor, Chalkley won a conviction against Marvin L. Anderson for a brutal rape in Ashland. And as a defense lawyer, one of his clients, Thomas E. Haynesworth, was convicted of a rape in Richmond.

But both men were innocent, as proven years later by DNA testing. And each was misidentified by victims in classic police photo spreads instead of being shown mug shots one at a time, a method that reduces errors, according to some academic studies.

Now the Virginia State Crime Commission is studying a bill introduced this year in the General Assembly that would require local police departments to use sequential -- rather than simultaneous -- suspect displays in live and photo lineups to reduce misidentifications.

"People tend to think just because you're a prosecutor, it's your job to convict people," Chalkley said in a recent interview. "It's just as much our job to protect the innocent.

Chalkley says he has not studied the issue, but, "if sequential identification . . . increases the likelihood of an innocent person not being convicted, then I am 100 percent for it."

Since 1989, there have been 255 people convicted of murder, rape and other serious crimes in 34 states who were later exonerated through DNA testing. In nearly 80 percent of the cases, eyewitness misidentification played at least a part in the wrongful convictions.

There have been 12 such cases in Virginia, including Anderson and Haynesworth (who has not yet been added to the total). In those cases, DNA testing not only cleared them but also implicated the real assailants.

Both men were initially misidentified by rape victims in photo spreads.

. . .

Studies have long shown that fewer identification mistakes are made when victims and witnesses are shown suspects or their photos one at a time, rather than simultaneously in a spread.

As a result, in 2005, the Virginia Department of Criminal Justice Services required all law-enforcement agencies to have a written policy for administering lineups. The department also created a model policy for conducting lineups that called for sequential presentations.

In the last assembly session, state Del. Kenneth C. Alexander, D-Norfolk, introduced a bill to make sequential presentations mandatory for police departments.

Among other things, it also would require photo and live lineups be conducted by someone unaware of the suspect's identity -- or otherwise conducted neutrally -- and that the photos of the suspects not stand out from the "filler" photos.

In Anderson's case, a mug shot of John Otis Lincoln, the man later proved through DNA testing to have committed the rape, was also in the same spread of photos as Anderson's, yet the victim picked the wrong man.

Anderson's mug shot -- his Kings Dominion employment photo -- was in color, while the other suspects' pictures were in black and white. Also, the victim was shown the photos by an officer involved in the investigation.

Experts say that in addition to displaying photos or suspects one at a time, lineups and photo spreads should be conducted by independent administrators who are not involved in the case and that photos be as homogeneous as possible so some photos don't stand out from the rest.

Last month, the commission got reaction to the proposal from a law-enforcement work group. As a result, the commission staff is surveying all of the state's law-enforcement agencies to see what the written polices are.

The staff also is taking a look at what other states are doing.

Kristen J. Howard, executive director of the commission, said the issue will be discussed Sept. 8 at the commission's next regular meeting.

Any legislation proposed or endorsed by the commission carries great weight in the assembly but does not ensure passage.



Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.


http://www2.timesdispatch.com/news/virginia-politics/2010/jul/26/inno26-ar-350108/

 

 

Freed Prisoner Faces Dizzying New World

Updated: Friday, 30 Jul 2010, 9:26 PM CDT
Published : Friday, 30 Jul 2010, 9:26 PM CDT

HOUSTON - For Michael Green, exonerated by DNA after serving 27 years for a sexual assault he did not commit, it’s the end of a long ordeal.

But an even more difficult struggle could be just beginning.

For nearly three decades, Green’s life has fit into 40 square feet. He’s been told when to go to bed, when to wake up and when to eat.

But on Friday, all the rules changed.

“It's very seriously a chess game,” said prisoners’ advocate Ray Hill, “and you don't know how to play.”

Since 1980, Hill’s “Prison Show” has aired on KPFT radio, teaching inmates how to play the prison game.

It’s a game Hill knows well, having spent four and a half years behind bars in the early 1970’s.

“I was more afraid to get out than I had been to go in. I mean, literally I was scared to death.”

Now, Michael Green is back in the free world. But it’s not the world he left at age 18.

When Green was first arrested in 1983, President Reagan was serving his first term, M*A*S*H was still airing new episodes, and Ms. Pac-Man was state-of-the-art for video games.

Green has lived 27 years with most things chosen for him. Now, even a trip to the mall presents seemingly unlimited choices.

“It's culture shock,” exclaimed Hill. And it’s compounded by Green’s instincts, which may still be stuck in that 8X10 cell.

“The cultural norm (in prison) is to defend that space,” explained Hill. “And that's a lot of hostility that wouldn't work on an escalator at the Galleria.”

Like many ex-cons, Michael Green may find freedom more constraining than incarceration.

It’s a phenomenon Ray Hill has seen so often, it’s got him reconsidering the kind of help he provides.

“One of the things I do, Ned, is I teach people how to do time,” said Hill. “And I've been thinking for a long time that I need to start a school to teach people how to undo time. Because it's not easy.”

It can’t be easy for Michael Green. He did 27-years that were not his years to do.

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File - 2mp Citizens-in-Action

Posted by: "2mp@yahoogroups.com" 2mp@yahoogroups.com

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2 Million Plus CITIZENS-in-ACTION
standing up for changes within The America Industrial Prison Complexes.

Wanted!
2 Million Plus Members to fight for the "CIVIL RIGHTS" of America's 2 Million Plus Prisoners living behind the razor wire fences that use the WALLS to covers up the BRUTALITY within the America Industrial Prison System.

Is your Love-One living daily with the BRUTALITY that is being shoved under the rug while our Legislators/Lawmakers choose to look the other way?

The Society within a Society endorsing treatment of INJUSTICES while our lawmakers (Legislators) choose to look the other way?

Prisoners' punishment is being sent to prison! They are not sent there to be punished.

Calling for Humane treatment does not say "be soft on crime" but does say the Inmates are "HUMAN BEINGS" and need to be treated as such. Rehabilitation enables the Inmates to be ready to return to society and become a functional Citizen in the communities, to be able to rent a place to live, to be able to get a job, to be able to live free as all American are supposed to be.The abuse of freedom by background checks before renting, before hiring, before anything they can do is "DOUBLE JEOPARDY" which is abuse of "The Constitution" and "The Bill of Rights" of The United States of America. How you ask. With each rejection they have just been re-convicted and re-tried and re-sentenced for the same crime that they already paid the price for behind the razor wire fences of the BRUTAL AMERICA INDUSTRIAL PRISON COMPLEXES.

The Mentally Sick are warehoused in the America Industrial Prison Complexes and endure BRUTALITY daily if not hourly.

It only takes one to make a difference, YOU can be that one!

ARE YOU THE ONE THAT HAS NOT
JOIN-UP TO SAY
ENOUGH-is-ENOUGH
STOP-the-INSANITY

Shout it from the Rooftops

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General World and Church News

 

Celebrating the exoneration of Greg Taylor!

By Kimberly C. Kisabeth

Jailed for nearly 17 years for a murder he did not commit, Greg Taylor today became the first person exonerated by the North Carolina Innocence Inquiry Commission, the nation’s first official commission created to review cases where justice may have been subverted

http://www.wral.com/news/local/story/7063377/

A Cary man who spent nearly two decades in prison on a first-degree murder conviction walked away from a courtroom Wednesday a free man after a three-judge panel decided he was convicted of a crime he didn't commit.

"It's unbelievable," Gregory Taylor, 47, said, encircled by family, friends and media. "I mean, you think all these years what this day would be like – 6,149 days, and finally the truth has prevailed."

Taylor was convicted in April 1993 in the 1991 death of Jacquetta Thomas, a prostitute found dead at the end of a Raleigh cul-de-sac.

Taylor had exhausted all avenues of appeals when the North Carolina Innocence Inquiry Commission reviewed his case and decided in September that it merited a review before the special panel.

"I feel like I'm dreaming," Taylor's daughter, Kristen Puryear, 26, said.

"She was 9 years old when I went to prison," Taylor said, embracing her for one of the first times as a free man. "I missed her 10th birthday, I missed her 16th birthday. … I missed her marriage. I missed the birth of my grandson. Now all of that's returned."

"And I'm taking him home," Puryear said.

For six days, Taylor's attorneys argued there were never any physical links between Thomas and Taylor and that despite investigators' claim of blood on Taylor's Nissan Pathfinder, there was no evidence connecting the two.

They wrapped up Wednesday morning with closing arguments in which Wake County District Attorney Colon Willoughby said the evidence presented in support of Taylor wasn't logical, credible or believable. (Read more about the closing arguments.)

"I did not know what to expect," Willoughby said of the judges' decision. "I felt like it was our responsibility to present the evidence and to allow the three-judge panel to make their decision and do what they found the evidence showed."

In asking the judges to free Taylor, defense attorney Joseph Cheshire urged them to undo a wrong and to help assure the public that the judicial system is changing to help ensure it does not happen again.

"Out of tragedy and sadness can actually come a better world," Cheshire said. "Nothing makes our system better than the public acknowledgment that mistakes have been made."

'Innocence points out injustice'

Wednesday's ruling marks the first in the state's history in which a prisoner has been exonerated because of the involvement of the Innocence Commission – the only state-run agency in the country that investigates post-conviction claims of innocence.

Taylor's case is the second case in the commission's four-year history that has gone up for an evidentiary hearing where only new evidence is considered. As of January, the commission has reviewed 634 cases, 463 of which were rejected – the others are in various stages of review or have been closed.

At a news conference Wednesday afternoon, Cheshire credited the agency and the North Carolina Center on Actual Innocence for their attention to the case and for finding inconsistencies with evidence and testimony from Taylor's trial.

"This is one of those fantastic days," he said. "We should all look at this day as a positive day for the state of North Carolina. No innocent, wrongfully accused person should ever have to spend a day in prison."

Gov. Beverly Perdue described the commission as setting "a new standard of jurisprudence in America."

"I believe in this Innocence Commission, and I believe the ruling today shows bad things can happen, even in the finest of systems," she said.

Joining the likes of Dwayne Dail and Darryl Hunt – both men were wrongly convicted of separate crimes and each freed after spending 18 years in prison – Taylor said he hopes to do work to help other people in situations similar to his.

"This is not just about innocent people, this is about injustice," Taylor said. "Innocence points out injustice."

'It is just not over ... Now what?'

Although Taylor's innocence has been a focus of prosecutors and defense attorneys over the course of years, Sierra Pharr, Thomas' daughter, doesn’t want people to forget her mother.

"It makes us feel, as far as our mom's case, 'Who really cares?'" said Pharr, who was 5 years old when Thomas was killed.

"The fact that someone who gave birth to you was taken from you as horrible and tragic as she was, it hurts," she said.

With Taylor now free, all she wants to know is who killed her mother.

Raleigh police declined to comment on the court's decision Wednesday evening or the status of the case but urged anyone with information to come forward.

"It is just not over," Pharr said. "There is a lot of questions. Where is this person? Who did it? Now what?"

__._,_.___

 

There are too many erroneous eyewitness identifications. This man spent 12 years in prison with 2 more to go before he was released as an innocent man.
I wondered what he looked like and often search for a picture, as I did for this one.
 

Shawn Massey is finally home after spending 12 years behind bars for a crime he did not commit.

Shawn Massey is released!

 
May 18, 2010 by TLC

Duke Law  is celebrating the release of Shawn Giovanni Massey after 12 years of incarceration for crimes he didn’t commit.  Read about his release here.


 

Wrongful Convictions Clinic client released from prison

May 07, 2010 | Duke Law News

Duke Law students and faculty welcomed the release of Shawn Giovanni Massey after 12 years of incarceration for crimes he didn’t commit.

Massey, a client of the Law School’s Wrongful Conviction Clinic, was released from the Maury Correctional Institution in Maury, N.C., on Thursday, after Mecklenburg County District Attorney Peter Gilchrist ’65 secured a Superior Court order vacating his conviction on multiple counts of second-degree kidnapping, as well as one count each of felonious breaking and entering and robbery with a dangerous weapon. Incarcerated since his May 1998 arrest for the crimes against a Charlotte woman and her two young children, Massey, 37, had two years left to serve on his sentence.

Clinic co-directors James Coleman and Theresa Newman picked Massey up from prison and took him to Charlotte where he was reunited with his jubilant family. Coleman, Newman, and Kim Kisabeth ’07, a fellow with Duke’s Center for Criminal Justice and Professional Responsibility, have worked with numerous other students, alumni, and friends for more than four years to build their argument that Massey was a victim of erroneous eyewitness identification.

Their case turned on the perpetrator’s hair style and weight, two key issues at Massey’s trial. On noting his resemblance to her attacker in a series of photos, the victim told the police that he lacked her attacker’s cornrow braids. She made the same observation on seeing him in person for the first time prior to the start of his trial, and also observed that he had a lighter complexion and weighed less than her attacker. These observations, and photo notations uncovered years later by Duke students investigating the case, were not passed on to Massey’s trial lawyer.

“We believe the evidence is clear that Shawn is innocent and this was an erroneous eyewitness identification,” said Coleman, the John S. Bradway Professor of the Practice of Law. “We think when the victim identified him at trial she did so in good faith, but we think she made a mistake. She confirmed to us that the person who committed the crime had cornrows. We are certain that Shawn did not have cornrows at the time — he couldn’t have had cornrows. And we presented evidence to the district attorney that supports that.” Coleman credits the victim for her willingness to meet with Kisabeth and others to discuss her identification of Massey during their investigation of the case.

For Kisabeth, who first worked on Massey’s case as a student enrolled in the Wrongful Convictions Clinic, it was a joy to call Massey in prison to tell him he would be released within hours. “He was thrilled,” she said. “This has been a long time coming and I think he was speechless. His initial reaction was excitement at getting to reunite with his grandmother and with his aunts and especially to be able to see his son, Dantrez, who is now a junior in high school.” It was equally thrilling to tell his aunt and grandmother to expect him home, she said.

“Both of them just started crying as soon as I gave them the news. [His aunt] started praying and thanking God for making this happen — and thanking Duke for making this happen.”

Three teams of Wrongful Convictions Clinic students worked on Massey’s case: Kisabeth and Aleksandra Kopec ’07; Susan Pourciau ’09 and Emily Sauter ’09; and Jessica Neiterman ’09 and Toby Coleman ’10. Last fall, Pourciau joined Kisabeth in Georgia to interview the victim about her identification of Massey as her attacker. As the case neared a resolution, the clinic also enlisted the assistance of Tommy Holderness and Adam Doerr ’06, a partner and associate, respectively, at Robinson Bradshaw & Hinson in Charlotte.

“These cases really do take a village,” said Jim Coleman. “This is an effort that a lot of people worked on. And I think all of them contributed something that was important to the result.”

Kisabeth recalled her first meeting with Massey, during her student days, as being her first lawyer-client interaction — and her first ever visit to a prison. “It was a great learning experience. And having that experience under Jim and Theresa’s leadership was wonderful,” she said. “Having been so invested in this case as a student, I was excited for the opportunity to come back as a fellow and build on the work that the other students had done. They did amazing work on this case.”

Taking in the reaction of Massey’s aunt and grandmother to news of his release offered another lesson, she added.

“I think it’s easy to lose sight of the fact that the legal system impacts people, and this is really about people.”

http://www.law.duke.edu/news/story?id=4937&u=11

 


 

From
May 8, 2010

DNA test clears American musician after 28 years in jail for rape

Raymond Towle

Raymond Towler, who spent more than half his life in prison for a crime he did not commit, hugs family members Deborah Settles, left, and Clarance Settles, after being told that he was a free man

“You’re going to have to bear with me,” the judge said. “I know you’re anxious.”

For a man wrongly convicted of rape almost 30 years ago, Raymond Towler did not look anxious. Perhaps it was because a few more minutes in custody made little difference after so long. Perhaps it was because he had a reasonable idea of what Judge Eileen Gallagher was about to say.

In an extraordinary scene, barely noticed in America this week amid coverage of the enormous oil spill and the New York bomb plot, Mr Towler, a 52-year-old musician, walked free from a Cleveland court after spending more than half his life in prison for a crime of which he always maintained his innocence and which DNA analysis proved he did not commit.

His case is not unique, but the way it ended was uniquely moving. It may serve to galvanise a national movement of lawyers and activists who have used DNA evidence to free more than 250 inmates since 1992, almost all of them black men, but who have so far lacked the resources to tackle thousands of other cases in which experts’ fear of “junk science” and racial bias have produced unsafe convictions.

The moment of truth came just after 9am on Wednesday. After a brief recap of his arrest, trial and conviction for the rape of an 11-year-old girl in 1981, Judge Gallagher turned to the results of DNA analysis of skin and semen samples that she ordered two years ago from a lab in Texas. Both samples came from the victim’s underwear. They did not match the girl’s DNA, but they did match each other. “They are consistent with deriving from the same individual, the assailant of the victim,” Judge Gallagher said. “And that individual was clearly not Raymond Towler.”

Mr Towler, in a white shirt and black V-neck sweater, blinked and briefly lowered his head. “It’s been a long time coming,” Judge Gallagher noted. Her voice breaking, she then read to the court an Irish blessing more commonly heard at weddings: “May the road rise to meet you, may the wind be always at your back. May the sun shine warm on your face, may the rain fall softly upon your fields. May God hold you in the palm of his hand, now and forever.”

Wiping tears from her face, the judge stepped forward to shake the hand of a man known to the state of Ohio for more than quarter of a century as Inmate A16468. “Good luck to you, Mr Towler,” she said. “You’re free.”

Mr Towler shook hands with his lawyers, a team of three from the Ohio Innocence Project at the University of Cincinnati, then hugged his brother and sister. Asked how he had been able to get up each morning knowing he had been wrongly convicted, he said: “You’ve got to get up, you know what I mean? Get up with God in your spirit and God will lead the way forward.”

Under state law, Mr Towler is entitled to $40,330 (£27,350) for every year of his wrongful imprisonment, not including lost wages and any damages he may win by suing the Ohio Department of Corrections. A previous inmate wrongfully jailed for a shorter period was awarded $1.4 million.

Mr Towler appeared to bear no grudge. “Evidently a crime was committed and I’ve got to respect that they tried the best that they could,” he said. “They had the wrong person. It took them a while to straighten it out but all I care about right now is that they did straighten it out.”

The authorities still have no idea who the culprit is, but the prosecutor, Bill Mason, said that the case was open and there would be a new examination of crime scene evidence.

Outside the court Mr Towler began taking in his new surroundings en route to a pizza restaurant. “Even though I was raised here I’ve still got to do a lot of sightseeing,” he said.

Despite pleading not guilty and offering a solid alibi, Mr Towler was sentenced to life without parole on the basis of a Cleveland police officer’s suspicion during a routine traffic stop that he resembled the man sought in a rape that had occurred two weeks earlier. He was later picked out by the victim from an identity parade.

“One of the leading causes of these wrongful convictions is witness misidentification, especially with crossracial identification,” Carrie Wood, one of Mr Towler’s lawyers, said. “There is still racial prejudice in our society. Anyone who tells you different just doesn’t have those interactions.”

Update on the situation in Haiti.

Seventh-day Adventist Church leaders in Inter-America expressed concerned for the millions of Haitians who have been affected by the earthquake. The Development and Relief Agency (ADRA), the humanitarian arm of the Adventist church, is active monitoring the situation and preparing a response,

"ADRA Haiti is prepared to use cash donations to make a first response immediately ... in terms of food and water to the most needy, utilizing its volunteer base," said Wally Amundson, director for ADRA in Haiti.

Reports say that two of our largest SDA churches near the presidential palace were destroyed—five congregations met in these churches.  One of those churches had a school and there are serious concerns for the children who were attending school at that time.  It is believed that the union president is alive but contact has not been made. The union office is not damaged seriously. One union worker was killed when a wall fell on him. There are two IDEs (missionaries) in Haiti and they are alright but shaken.  Haiti has two high schools, one university and one hospital.  

Let’s keep all of them in our prayers.