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April 2012

 Celebrating 20 Years Advocating For Justice

In This Issue
Witnesses In Trayvon Martin Case Heard Cries
Women of The Word in Red
Stanford BSSC Panel Discussion on Trayvon Martin
Case Highlights: Occupy Oakland Hit & Run Victims File Suit
LCCR: Second Chance Clinic

About Price And Associates

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Attorney Pamela Y. Price founded Price And Associates in June 1991 with a vision to establish a minority- and woman-owned litigation Firm in Oakland, California. In the 20 years since its inception, the Firm has evolved into a premier civil rights practice with a wealth of experience in federal court litigation.

 

For more information, visit our website at  www.pypesq.com.

 

To submit a Potential Client Questionnaire, go to Contact Us.

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UPCOMING

      

FFI 

 April 22, 2012

  

Benefit for 
Friends Foundation International 

  

7:00 p.m. 

  

Freight and Salvage Coffeehouse 
2020 Addison Street 
Berkeley 

  

For more info, go to 
  ---------------------------

 

April 18, 2012

 

Stand Up For Justice

 

12:00-1:00 p.m.

 

San Francisco City Hall
Polk Street Steps
 
Special Guest:
Attorney General
Kamala Harris
 
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April 21, 2012
 
Glad Tidings COGIC
Small Business  & 
Entrepreneurship Conference
 
9:00 a.m. - 4:00 p.m.
 
Special Guests:
Gerard  C. Flavin
Valerie Daniels-Carter
Cedric Grant
 
27689 Tyrell Avenue
Hayward, CA
    
For more info, visit:
 
 ---------------------------
 
April 26 , 2012
 
San Francisco Lawyers' Committee for Civil Rights Presents
Second Chance Discussion
 Series Kick-Off Event: 
 
Racial Profiling and the Trayvon Martin Case:  
A Talk by John Burris

 

5:30 - 6:00 pm:  Reception
6:00 - 7:00 pm: Program

 

 RSVP by April 23 to:

 

Co-hosted by:
 Gibson, Dunn & 
Crutcher LLP
555 Mission Street
San Francisco 
 
  --------------------------- 

 

May 24, 2012

 

Ohio Justice  & Policy Center (OJPC)

Bay Area Benefit  

 
Time and Venue TBA
    
For more info about
the OJPC, go to 
 
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Find us on Facebook
View our profile on LinkedIn

 

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"Injustice anywhere 

 is a threat to 

 justice everywhere." 

  
-   Martin Luther King,  Jr.
 
 

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From Vernon Eddins to Trayvon Martin

 

Welcome.  Everywhere, the story of the day is Trayvon Martin. The case has provoked America's racial divide once again and reflects recurring themes on multiple levels of our national experience, one of which is racial violence against Black men. Occurring almost simultaneously with the arrest of George Zimmerman in Florida were the arrests of five reputed Latino gang members for the racially-motivated murder of Vernon Eddins on December 21, 2007 in Union City, California. Close to home. And I was struck by a similar problem in both cases - the police failed to do their job. The Sanford Police did not competently investigate Trayvon's murder any more than the Union City Police did Vernon's murder.  

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(L to R) Vernon Eddins and Trayvon Martin shared the same fate

 

And for those who think "race was not a factor" in these crimes, I say you are suffering from the national disease called DENIAL. In an April 2006 article, Tim Wise points out that "whites have always doubted claims of racism at the time they were being made, no matter how strong the evidence." As he thoroughly documents, "In every era, black folks said they were the victims of racism and they were right.  In every era, whites have said the problem was exaggerated, and [we] have been wrong." How ironic that within the first hours of the racially-motivated shooting of five Black people in Tulsa, Oklahoma, there was a Black law enforcement official on national television assuring everyone that it was "too soon" to conclude that the shootings were racially motivated.  The national disease is indeed contagious, and Black folks certainly are not immune.

 

Had Trayvon been a white child, I seriously doubt that Mr. Zimmerman would have decided that he was "suspicious" or followed him or called the police saying "these a**holes always get away" and referred  to Trayvon as a "f***ing punk." Had Vernon Eddins been a white child, I seriously doubt the Union City Police would have ignored the previous threats against him by the Decoto gang, failed to look for the gang members who chased him home a month earlier when he said he could identify them from school, and left Vernon and his friends on the street to be shot down by the Decotos.

 

At her deposition, Vernon Eddins' Mom testified that "Vernon felt hopeless talking with the police after awhile, because I kept calling and nothing would happen. . .  He just said in the 14-year-old words that 'Mama, they not going to do nothing . They don't care.' " Trayvon's parents also discovered that the police did not care that someone had recklessly murdered their 17-year-old son.  Like Vernon's Mom, they decided to speak out and refused to accept the denial explanation that would have blamed (and still may blame) Trayvon for simply being who he was and doing what he was: walking while Black.

 

It pains me to know, feel and appreciate that this is the America of 2012.  At the same time, it empowers me to know, feel and appreciate that in America in 2012, people of all races are willing to speak up and speak out, good people are willing to occupy places of power, strong people are willing to stand with the parents of a child murdered because of his race, and that my commitment to make the world a better place is shared by so many others with the courage to act.

 

A Luta Continua - the struggle continues.

 

Pamela 

MONTHLY FEATURE

Witnesses In Trayvon Martin Death Heard 

Cries Before Shot 

  

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Trayvon Martin was wearing a hoodie
(Sanford, FL 
-  3/21/12) They heard the desperate wail of a child, a gunshot, and then silence.   Trayvon Martin, 17, died Feb. 26 in a dark pathway some 20 minutes after a neighborhood watch  volunteer called police saying he thought a young stranger looked suspicious. It was raining, and the volunteer thought the kid in the hoodie walked too slow and peeked in windows.   

 

Three witnesses contacted by The Miami Herald say they saw or heard the moments before and after the Miami Gardens teenager's killing. All three said they heard the last howl for help from a despondent boy, and believe the sequence of sounds shatters the notion that Trayvon was killed in self-defense.

 

Police have not moved from their official statement of the shooting. But as the controversy grows, so does the number of voices disputing the official version that watch captain George Zimmerman gave to police: that the six-foot, three-inch, 140-pound teen assaulted him when  Zimmerman, 28, tried to question him.  In fear for his life, he pulled a Kel Tek 9mm handgun from his waistband and shot.

 

From Facebook to Twitter and online petitions, local police and prosecutors are getting tens of thousands of demands for criminal charges as the national media shines a spotlight on a small, racially diverse central Florida town with a history of police tension. There are now more and more calls for the U.S. Department of Justice to intervene and try to answer: What really happened to Trayvon Martin?

 

"I heard someone crying - not boo-hoo crying, but scared or terrified or hurt maybe," said Mary Cutcher, 31, who lives in the Retreat at TwinLakes townhome community where the shooting occurred. "To me, it was a child."

 

Zimmerman said he tailed Trayvon in a mission to find out if the teen was up to no good. Zimmerman was out to put a stop to recent burglaries. He dialed police - his 46th call since 2001 to report shady people, reckless drivers and other disturbances around his neighborhood. 

 

He offered to follow his suspect, but the dispatcher told him: "We don't need you to do that." 

  

Some minutes later, Trayvon was killed with a gun the watch volunteer was licensed to carry.

 

"This was not self-defense," Cutcher said. "We heard no fighting, no wrestling, no punching. We heard a boy crying. As soon as the shot went off, it stopped, which tells me it was the child crying. If it had been Zimmerman crying, it wouldn't have stopped. If you're hurting, you're hurting."

 

She and her friend say they heard the sounds from a few steps away, where they were inside beside an open window. Seconds later, they dashed out to find a boy face down on the ground and a man standing over him, a foot on each side of the body on the ground, with his hands pinning the shooting victim down.

 

"I asked him, 'What's happening here? What's going on?' " said Cutcher's friend, Selma Mora Lamilla. "The third time, I was indignant, and he said, 'just call the police.' Then I saw him with his hands over his head in the universal sign of: 'Oh man, I messed up.' "

 

The women, who were the first on the scene, said they saw Zimmerman pacing back and forth. 

  

"I know what I heard. I heard a cry and a shot," Mora said. "If there was a fight, it did not happen here where the boy was shot. I would have heard it, as this all happened right outside my open window."

 

The women think there may well have been a physical altercation between the two, but it must have taken place in a different spot, where Zimmerman perhaps had a chance to compose himself and draw his weapon.

 

*****

A neighborhood eighth-grader out walking his dog said his family also called 911.

  

"I saw someone lying on the ground, and I heard screaming," said Austin, 13, whose mother asked that his last name not be published. "I don't know that it was the person on the [ground]  who was screaming, but to me it sounded like a kid who was crying.  It was a yell for help, and I think it was Trayvon."

 

Austin wasn't sure if the person was in a fight or had slipped and gotten hurt. Austin's boxer puppy got off the leash so the boy went chasing after the dog and lost sight of the scene for a moment.  Then, he heard a gun go off.

 

He ran home and told his sister to call the police. The boy, who is black, has been rattled ever since. He feels angry and disconcerted, and wonders whether he's at risk too.

 

"That people can stereotype like that makes you scared," he said. 

 

Austin's mom said he's been acting out in school and seems mad all the time.

 

"My son has a terrible feeling of guilt, because he did not do anything to help. He's angry," said Austin's mother, Cheryl Brown. "They are saying that Trayvon looked suspicious, because he was walking slow. So I guess I have to tell my son: make sure you always run fast."

 

Click this link to read the full story. 

.

(By Frances Robles, Reprinted from the Miami Herald, 3/21/12)

EVENTS  RECAP 

Women of the Word In Red

 

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(L to R) Bea Williams and Pamela Price at the Women of the Word Prayer Breakfast

On the weekend of Sunday, March 18, 2012, Glad Tidings Church of God in Christ in HaywardCalifornia celebrated the women of the church by hosting the "Women of the Word Conference 2012." The color for the Sunday morning prayer breakfast was red and the women of Glad Tidings, including Attorney Price, showed up in red. The weekend guests included the dynamic Brown Sisters of Chicago who ministered in song with their beautiful harmonies and strong  messages of hope and faith. First Lady Vanessa Macklin, wife of Bishop Jerry Macklin, presided over the event, exhorting all of the women to support each other and to increase their discipline in their financial affairs. On Saturday, women were encouraged to present their business ventures, and Price And Associates participated in the annual business fair along with many other female entrepreneurs. 

 

 

 Black Students at Stanford University Host Panel: "Justice for Trayvon"

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On Friday, April 6, 2012, Attorney Price spoke to almost one hundred college students at Stanford University along with four other distinguished panelists on "Justice for Trayvon."

 

Sponsored by the Black Community Services Center at Stanford (BCSC), the Black Student Union (BSU) and the Stanford NAACP, the event focused on the legal and cultural ramifications of the killing of Trayvon Martin. 

 

Stanford_Panel_Trayvon_Martin-_96dpi_AdjPanelists included Attorney Pamela Price, Attorney Simona Farrise of the Farrise Law Firm, Stanford Law School Professor Mark Kelman, Samy Alim,  a Stanford School of Education professor and Director of the Institute for Diversity in the Arts, and Ajani Husbands, a 2005 Stanford graduate and Foreign Service Officer with the U.S. Department of State currently serving as a Consular Officer in the U.S. Embassy in Port-au-Prince, Haiti. Jan Barker-Alexander, Associate Dean of Students and BCSC Director, moderated the panel. In addition to the rich perspectives of the panelists, the event featured a lively discussion amongst the students who echoed the theme that has invigorated American's youth: "I am Trayvon Martin."

 

For more information, click on this link:  www.stanforddaily.com.

CASE HIGHLIGHTS
 Occupy Oakland Hit and Run Victims File Suit

 

The Occupy Wall Street Movement came to Oakland on October 10, 2011. In conjunction with the occupation of Oscar Grant Plaza in front of Oakland City Hall, there were ongoing protests and marches, usually originating from the Plaza. On November 2, 2011, Margaret So and Lance Laverdure, two young residents of Oakland, participated in a peaceful march down Broadway. It was their first day attending the protests and they were drawn by the cross-section of participants, the unity and positive energy of the event.  The march was described by some participants and witnesses as a "parade" and a "festival like" atmosphere.
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Occupy Oakland Protest on November 2, 2011 (Wikipedia)
At approximately 6:48 p.m., at the intersection of 11th and Broadway, the driver of a silver Mercedes Benz who appeared to be impatient as the marchers crossed in front of his car on Broadway, accelerated and ran Margaret So and Lance Laverdure down.  The car sped forward, tossing So to the side and launching Laverdure onto the hood and then into the air. Laverdure landed with a thud, witnesses say.
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Margaret So, victim of Occupy Oakland hit and run incident

"I thought he was dead," said So, whose ankle was crushed by the speeding car and broken in three places. Laverdure survived but suffered internal bleeding, a damaged liver and post-traumatic stress and anxiety. Laverdure is African American, and So is Asian American.  

 

[Click link to watch ABC7 video news coverage of the incident on 11/2/11.]

 

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The driver of the Mercedes Benz whose picture appears in dozens of photographs and videos of the event appears to be Caucasian. 

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Witnesses at the scene ran into a nearby subway station and alerted Bay Area Rapid Transit (BART) police. BART police responded and eventually allowed the Mercedes to leave the scene. There were two people in the Mercedes. BART police let the suspects go without a citation, failing to do basic crime scene evidence collection, and, in fact, actively assisted the male suspect and his female passenger's escape from the scene, losing critical evidence.

 

Despite extensive video footage, photographs, dozens of witnesses, broken bones and bruised spirits, the extensive evidence has failed to produce any criminal prosecution. Five months later the driver still has not been questioned, cited or arrested by the Oakland Police Department. Despite the incident occurring a mere 5 blocks from OPD headquarters in downtown Oakland with hundreds of witnesses ready to cooperate with police, the investigation by Oakland Police Department was slow and unfruitful. Numerous witnesses, including So, were not even interviewed by Oakland police until after the case received media attention. 

 

"It doesn't make any sense at all," said So, a paralegal in the San Francisco Public Defender's Office, who had to have metal screws and brackets inserted into her ankle to hold together her shattered bones. "BART police did not do their job. I hate to say this, but I'm wondering if the driver was of a different race, if the outcome would be a little different? Would he have been held? Would he have been held accountable?"

 

Within days of the incident, So and Laverdure hired Price And Associates and the Farrise Law Firm to hold the police and the driver accountable. The first case was filed in Alameda County Superior Court on March 16, 2012 against the owner of the car who they suspect is also the passenger who escaped justice on November 2, 2011.  Further legal action is anticipated against BART and the Oakland Police Department.

 

If you are a witness to the November 2, 2011 crime, or know the identity of the driver and/or passenger, please call 1-800-748-6186.  Or, send an email to: info@farriselaw.com.

COMMUNITY SERVICE

LCCR Second Chance Clinic LCCR_Logo_150dpi

The San Francisco Lawyers' Committee for Civil Rights (LCCR) was founded in 1968 in the wake of the assassination of Rev. Dr. Martin Luther King, Jr. by leaders of the San Francisco Bar to advance the struggle for racial justice. Led by the inspired Kimberly Thomas Rapp, LCCR encompasses a large network of attorneys, law firms and other advocates who fight for justice in the areas of

race, poverty and immigration. With the assistance of hundreds of pro bono attorneys, LCCR provides free legal assistance and representation to advance, protect and promote the rights of communities of color, immigrants and refugees, with a specific focus on low-income communities and a long-standing commitment to African-Americans.

 

LCCR's current array of social justice programs includes the Second Chance Legal Clinic, which assists clients who are working to overcome barriers to employment and housing because of criminal records. In 2011, LCCR's volunteer attorneys handled matters for approximately 125 clients. LCCR volunteer attorneys help with the following issues: 

  • Occupational licensing - applications and denials
  • Criminal background reports - errors and violations
  • Public and private housing - applications and denials
  • Employment - applications, terminations and denials
  • Driver's license suspensions 

Clinic Services are provided at Goodwill Industries in SOMA and Mo'MAGIC, a community umbrella organization in the Fillmore, West Bay Community Center (next door to Mo'MAGIC), 290 Fillmore Street (at Eddy Street) in San Francisco at 6 p.m. every last Tuesday of the month. Walk-in clients are welcome. 

 

For information, call: 415-814-7610 or 415-543-9444, x235.  Or, click on the link for www.lccr.com.


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901 Clay Street

Oakland, California 94607

(510) 452-0292

(510) 452-5625 (Fax)

  
"Injustice anywhere is a threat to justice everywhere."
 -- Martin Luther King, Jr.

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