‘In Celebration of Law Day’

CHICAGO, IL –  Attorney Thomas “TNT” Todd, known for his direct approach to truth and justice, along with Circuit Court Judge Mary Maxwell Thomas (Retired), appears on the PCC Broadcast Network with host, the Rev. Harold E. Bailey.

An abundance of hard-core-truth was told as Atty. Thomas N. Todd spoke on the PCC Network Law Day. Todd an astute attorney brought to the world’s attention matters such as: How the United States Constitution relates to African-Americans and other minorities. Many sensitive issues are dealt with in such a profound way … which causes one to ponder and wonder the plight of the United States and its Constitutional Value! Also discussed were: The Trayvon Martin case, Voting Rights, Segregation and other acute subjects victimizing minorities.

Judge Mary Thomas, with credentials as one of the most qualified African-American judges to have sat on the Cook County Circuit Court, has retired, but tells a chilling story of her struggles with a bar association to meet ‘their’ qualifications. Thomas expounds on other important matters about her experiences.

Rev. Harold E. Bailey, 33-years president of the Probation Challenge, Inc., organization and the PCC Network, invites the public to become educated as to matters that affects the very-lives of not only the Black community but the various communities of the world.

Rev. Bailey said, “It is an honor and a privilege to have both these two learned persons to address issues that challenge our daily-walk. Fearlessly, Attorney Todd and Judge Thomas have spoken from the core of their existence, whereas the PCC Network is more than appreciative of their honesty.”

Rev. Harold E. Bailey worked with the late Justice R. Eugene Pincham as his personal probation officer out of the criminal courts system. The Probation Challenge program was the vision of Bailey and was allowed to be implemented in January, 1979, from Justice Pincham courtroom. Bailey and the acclaimed program have been applauded around the world and far away as Israel. The program is the first court mandated program of its kind in the country where clients are forced to help themselves through the vehicle of education – School or Jail!

Rev. Harold E. Bailey is listed with The History Makers.

To view this and other historical presentations please go to

http://ProbationChallenge.org … ‘The Truth Network’

24/7 and On-Demand. The PCC Network is viewed around the World.

For further inquires, please call The PCC Studios: 773.978.3706.

CHICAGO, IL – Twenty-five Chicago nonprofit agencies are among 36 law-related nonprofit organizations statewide that received grants from the Illinois Bar Foundation (IBF), the charitable arm of the Illinois State Bar Association (ISBA).  Among the Chicago organizations receiving grants are:

Chicago Loop:

CARPLS Legal Aid, $10,000

Center for Disability and Elder Law, $7,500

Chicago Legal Advocacy for Incarcerated Mothers, $15,000

Chicago Volunteer Legal Services, $10,000

DePaul University College of Law Asylum & Immigration Law Clinic, $7,500

Domestic Violence Legal Clinic, $15,000

Equip for Equality, $13,000

Family Defense Center, $5,000

Hebrew Immigrant Aid Society of Chicago, $10,000

Illinois Legal Aid Online, $15,000

Lawyers Committee for Better Housing, $10,000

Legal Aid Society of Metropolitan Family Services, $10,000

Life Span, $10,000

Midwest Center on Law and the Deaf, $3,000

Lawndale: Lawndale Christian Legal Center, $15,000

Little Village: Chicago Law and Education Foundation, $10,000

Medical District: The Chicago Lighthouse for People who are Blind or Visually Impaired, $8,000

New Eastside: Illinois Equal Justice Foundation, $5,000

River North: Access Living of Metropolitan Chicago, $10,000; Public Interest Law Initiative, $15,000

River West: Cabrini Green Legal Aid, $10,000

South Chicago: Family Rescue, $7,500

Uptown: Apna Ghar, $7,500

Wrigleyville: Center on Halsted, $7,500; Equality Illinois Education Project, $5,000

The mission of the Illinois Bar Foundation is to ensure meaningful access to the justice system, especially for those with limited means, and to assist lawyers who can no longer support themselves due to incapacity. This year, the Foundation will distribute more than $425,000 in grants to legal aid organizations across the state of Illinois, and in Lawyers Care Fund support to attorneys and their families in need.

The Illinois Bar Foundation is located at 20 S. Clark St., Suite 910, Chicago, IL  60603, and the phone number is (312) 726-6072.  Information also is available at www.illinoisbarfoundation.org.

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By Christopher E. Benjamin, Esq.

Nationwide (BlackNews.com) — Since the death of teenager, Trayvon Martin there has been a whirlwind of coverage about the Seminole County’s police department’s failure to arrest his killer, 28 year old George Zimmerman. What appears to be a simple case of an overzealous crime watch volunteer’s unprovoked and unwarranted shooting, has been muddied by the possibility of an immunity called “Stand Your Ground”. As many legal analyst have pointed out, in a typical case in which you are confronted with a dangerous situation (outside of your home) the law would require that you flee in order to avoid the confrontation. Moreover, if a confrontation cannot be avoided you are typically precluded from using deadly force unless you cannot escape and there is a “reasonable” belief that you will suffer the loss of life or serious bodily injury.

In 2009, the Florida Legislature passed the now criticized “Stand Your Ground” law. The law provides that in certain circumstances, a person may use deadly force to stand his ground against an attacker and be free from the fear of prosecution; the law essentially gives persons charged with murder (or another serious crime) a substantive right to assert immunity from prosecution. Unlike a justification which may reduce the charge a person ultimately faces (or mitigate his sentencing), immunity (i.e. an excuse) is an escape from any form of criminal prosecution and in the case of “Stand Your Ground” the person may also escape civil liability. In a typical case a person is presumed to be innocent until proven guilty beyond and to the exclusion of all reasonable doubt (which is the highest burden of proof in our justice system). Moreover, it is the State’s burden to produce the evidence to persuade a jury that the alleged crime was committed by a duly charged defendant.

However, in the case of affirmative defenses, like “Stand Your Ground”, it is the defendant’s burden to proof that defense is applicable under the facts leading to the alleged crime. In the case of the “Stand Your Ground” immunity, the Defendant must show that: 1) he or she was not engaged in an unlawful act (i.e. the defendant was not the aggressor); 2) he or she was attacked in a place where he or she had a right to be and 3) he or she met force with force (including deadly force if he or she reasonably believes it to be necessary to prevent death or great bodily harm to himself, another or to prevent the commission of a forcible felony). It’s important to note that reasonable belief is an objective standard which requires the Court to determine what would a reasonable person (a sane and rationale human being) have done or believed in the defendant’s situation. When the defendant invokes the statutory immunity, the trial court must hold a pre-trial evidentiary hearing to determine if the preponderance of the evidence (which is typically the burden of proof of civil cases and one of the lowest standards in our justice system) warrants the granting of the immunity; thereby, releasing the defendant from prosecution.

If Zimmerman is to succeed in the assertion of the “Stand Your Ground” immunity, he must convince a judge that he was not engaged in any unlawful conduct when he approached Trayvon and that he had a right to be in the place in which the killing took place and that he had a reasonable fear that the significantly smaller and unarmed Trayvon posed a treat in which he could have lost his life or suffered serious bodily injury. I believe that under the facts that have come to light thus far Zimmerman would have an uphill battle in proving the facts necessary to establish his defense; however, we may never get there if the Grand Jury decides that no harm has occurred.

Christopher E. Benjamin, Esq. is an attorney in the state of Florida (Bar No. 561029). He can be reached at 954-790-7221 or cbenjamin@thebarrister.net

The Sentencing Project and The Southern Coalition for Social Justice will host an Advocate Training Conference, “Ensuring Racial Justice in the Criminal Justice System”, March 22,  2-3 p.m. EST.

To register for the program, RSVP to advocacy@sentencingproject.org!

This training will feature advocates engaged in developing state strategies for ensuring racial justice in the criminal justice system. The conference call agenda includes:

•  History of the Racial Justice Act in North Carolina;
•  Advocacy strategies that led to passage of the Racial Justice Act;
•  Implementation and political environment following enactment; and
•  Highlights from other states — Missouri, Texas, Iowa, and Vermont — where legislation has been introduced to eliminate racial disparities in the criminal justice system.

 More than 60% of people in prison are now racial and ethnic minorities. For Black males in their early 30s, 1 in every 10 is in prison or jail on any given day. These trends have been intensified by the disproportionate impact of the “war on drugs,” in which two-thirds of all persons in prison for drug offenses are people of color.

Presenters are:

•  Daryl Atkinson, The Southern Coalition for Social Justice;
•  Darryl Hunt, Darryl Hunt Project for Freedom and Justice;
•  Malcolm Hunter, Center for Death Penalty Litigation;
•  Nicole D. Porter, The Sentencing Project; and
•  James Williams, Co-Chair, Racial and Ethnic Bias Task Force of North Carolina.

 “The Lives of Juvenile Lifers”, the first-ever national survey of this population, investigates the life experiences of individuals serving sentences of life without parole for offenses committed as juveniles.

The report presents  findings from a comprehensive look that offers new perspectives on people who committed crimes before the age of 18, and some as young as 13. More than 2,500 people are currently serving these sentences in the United States.

The report comes just weeks before the Supreme Court hears oral arguments in the cases of two 14-year olds, Miller v. Alabama and Jackson v. Hobbs, which will address questions about the constitutionality of sentencing teens to life without the possibility of parole.

“Most juveniles serving life without parole sentences experienced trauma and neglect long before they engaged in their crimes,” stated Ashley Nellis, research analyst of The Sentencing Project and author of the report. “The findings from this survey do not excuse the crimes committed but they help explain them. With time, rehabilitation and maturity, some of these youth could one day safely re-enter society and contribute positively to their families and their communities.”

The Lives of Juvenile Lifers survey draws a portrait of the severe disadvantage experienced by those serving life sentences without parole:

•  Juvenile lifers, especially girls, suffered high rates of abuse—nearly half (46.9%)
of lifers experienced physical abuse, including 79.5 % among girls.
•  Juvenile lifers were exposed to high levels of violence in their homes (79%) and their communities (54.1%).
•   African American youth constitute 43.4% of life without parole sentences for a murder with a white victim, nearly twice the rate at which they are arrested for such crimes, 23.7%.

Failed by systems intended to protect youth, many juveniles sentenced to life without parole first suffer from extreme socioeconomic disadvantage, and are then sentenced to an extreme punishment deemed unacceptable in any other nation.

The full report is available here.

The Cook County State’s Attorney’s Office is inviting local art school students and local artists to submit works of art for an exhibit during Victims’ Rights Week, according to the Office of Cook County State’s Attorney Anita Alvarez.

Works of art must be original and must embody this year’s Victims’ Right Week theme, “Extending the Vision – Reaching Every Victim.”  A panel of experts and community members will view submissions for appropriateness for public display and interpretation of theme.  Selected submissions will be on display in the lobby of the Richard J. Daley Center in downtown Chicago and also at the State’s Attorney’s four Community Justice Centers during normal business hours during Victims’ Rights Week, which is April 22-28.

A photo of the original art piece, along with a completed application, should be submitted no later than March 26, 2012.  It is preferable that photos and applications be sent via email to saogrants@cookcountyil.gov or dropped off at one of the four Community Justice Centers.

For the addresses of the State’s Attorney’s Community Justice Centers, an application and more information on the art display, please visit the Cook County State’s Attorney’s website, www.statesattorney.org and click on the Victims’ Rights Week art display logo.

Marc Mauer, Executive Director of the Sentencing Project, will testify today at a hearing of the U.S. Sentencing Commission on federal sentencing options following the U.S. Supreme Court’s 2005 decision in Booker v. United States.

The Booker decision changed the federal sentencing guidelines from a mandatory system to an advisory one, thus granting greater discretion to federal judges. Today’s hearing has been called to assess changes in sentencing since that decision and implications for policy development.

Mauer’s testimony will focus on issues of racial disparity in federal sentencing, and will raise the following issues:

• That there is no single cause of racial disparity in sentencing outcomes, and we need
to examine how decisionmaking at each stage of the court process affects ultimate
outcomes.
•  Enhanced guidelines discretion for judges now makes disparities in the imposition
of mandatory penalties even more significant, a development which adversely affects black males.
•  Responses to disparity in sentencing can best be addressed by expanding use of
the “safety valve” in many drug cases and by creating a broader array of non-prison sentencing options.

Nationwide (BlackNews.com) — Dr. Tracy Andrus, one of the top African-American criminologists in the country, has released what is sure to become another best seller – his latest book, Why Are So Many Black Folks In Jail?: The Conspiracy to Exterminate Black Folks, Colored Folks, Negroes, Negroids, and African Americans in 21st Century America. This book raises very important questions about the plight of black folks and the uses of incarceration in America.

According to Dr. Andrus, African Americans are disproportionately represented in every state in the United States. His book focuses on the root causes of incarceration from a criminologist’s perspective, and is a must read for all lawmakers, criminologists, convicts, American citizens and people interested in conspiracy theory. It’s also a great read for criminal justice students around the world.

Because of knowledge and research, Dr. Andrus is one of the most sought after speakers in America. His previous best selling books include Beneath the Skin of Black Folks – How Black Folks In America Really Feel, his dissertation which was converted into a book entitled A Macro-Analysis of Poverty and African American Incarceration, and an autobiography about his life entitled From Prisoner to PhD – My Eleven Year Journey.

Dr. Andrus is a native of Crowley, Louisiana and currently resides in Marshall, Texas. He is the son of Ms. Alice V. Andrus and the late Warren Andrus of Crowley, Louisiana. He can be reached at tandrus26@gmail.com.

His newest book can be purchased on CreateSpace.com, Amazon.com and all other major book outlets. ISBN-13: 978-1451550634 (CreateSpace-Assigned) ISBN-10: 1451550634 BISAC: Social Science / Criminology

Photo Caption: Bookcover

Lawsuit: ‘Profits were running the show’ at leading credit ratings agency

CHICAGO, IL — Illinois Attorney General Lisa Madigan filed a lawsuit against Standard & Poor’s for its fraudulent role in assigning its highest ratings to risky mortgage-backed investments in the years leading up to the housing market crash.  

Madigan filed her lawsuit yesterday in Cook County Circuit Court, alleging that Standard & Poor’s, or S&P, compromised its independence as a ratings agency by doling out high ratings to unworthy, risky investments as a corporate strategy to increase its revenue and market share. The Attorney General’s lawsuit alleges that S&P ignored the increasing risks posed by mortgage-backed securities, instead giving the investment pools ratings that were favorable to its investment bank client base and S&P’s profits.

“Publically, S&P took every opportunity to proclaim their analyses and ratings as independent, objective and free from its desire for revenue,” Madigan said. “Yet privately, S&P abandoned its principles and instead used every trick possible to give deals high ratings in order to retain clients and generate revenue. The mortgage-backed securities that helped our market soar – and ultimately crash – could not have been purchased by most investors without S&P’s seal of approval.”

The Attorney General’s lawsuit cites numerous internal emails and conversations among S&P employees in the run up to the housing market’s crash that demonstrate the company misrepresented its ratings as objective and independent. In one such exchange, in April 2007, an online conversation via a company-based instant messenger application revealed employees discussing S&P ratings compared to the reality of risk involved, with an employee stating an investment “could be structured by cows and we would rate it.”

Madigan said investors relied on S&P ratings because they were historically rooted in the agency’s purported independence and objectivity. S&P’s internal code of conduct states its goal to “promote investor protection by safeguarding the integrity of the rating process.” But, the Attorney General’s lawsuit cites congressional testimony by a former managing director of S&P who revealed that “profits were running the show,” with ratings being assigned to risky investments to help drive profit margins for their clients.

S&P, a subsidiary of McGraw-Hill Companies, is one of the nation’s largest credit ratings agencies responsible for independently rating risk on behalf of clients and investors. Madigan said in the run up to the financial crisis, S&P consistently misrepresented the risk of mortgage-backed securities, assigning these securities its highest seal of approval – or AAA rating. This misrepresentation spurred investors to purchase securities that were far riskier than their ratings revealed.

Mortgage-backed securities are financial products made up of a pool of mortgages that are bundled together and sold as a security. The assets are backed by residential mortgages, including subprime mortgages. The performance of these investment products have significant, real-world implications for Illinois institutional investors, such as pension funds and 401(k) managers that make decisions about whether, and which, of these securities are appropriate investments. It was the misrepresentation of the true value of these risky mortgage pools that helped the housing market skyrocket and ultimately led to its collapse in 2008.

Today’s lawsuit is part of Attorney General Madigan’s continuing work to hold lenders accountable for their unlawful financial misconduct, and to provide relief and assistance to Illinois families struggling to save their homes. Most recently, in December 2011, Madigan and the U.S. Department of Justice reached a $335 million settlement with Countrywide, a subsidiary of Bank of America, for discriminating against thousands of Illinois borrowers of color during the height of the subprime mortgage lending spree. The settlement will provide restitution to harmed Illinois borrowers and is the largest settlement of a fair lending lawsuit ever obtained by a state attorney general. The Attorney General is litigating a similar lawsuit against Wells Fargo alleging widespread discrimination against African American and Latino borrowers.

Madigan led an earlier lawsuit against Countrywide, which resulted in a nationwide $8.7 billion settlement in 2008 over the company’s predatory lending practices. The Attorney General also reached a $39.5 million settlement with Wells Fargo over the bank’s deceptive marketing of extremely risky loans called Pay Option ARMs, and in 2006, Madigan obtained more than $10 million in restitution for Illinois homeowners as part of a $325 billion multi-state settlement with Ameriquest over the former mortgage giant’s deceptive sales of predatory subprime mortgages.

Assistant Attorneys General Vaishali Rao and Vijay Raghavan are handling the case for Madigan’s Consumer Fraud Bureau.