Showing posts with label Court of Appeals for the Third District of Texas. Show all posts
Showing posts with label Court of Appeals for the Third District of Texas. Show all posts

Monday, October 3, 2011

Dancing with My Demons: Personal Reflections from Death Row

The execution of Georgia death row inmate Troy Davis on September 21, 2011 re-stimulated some personal demons I thought I had long vanquished. When I speak of these suppressed personal demons, I am speaking of the fear of death, uncontrollable anger, and misdirected hate.

On March 1 and June 22, 2000, I witnessed two executions in the State of Texas. Odell Barnes and Shaka Sankofa both died before my eyes on death row in Huntsville, Texas. I served as spiritual advisor to both and I believe they were innocent. I am convinced that had either been wealthy and able to afford competent legal counsel, I wouldn’t have witnessed their deaths. In Texas, and across the United States, it is better to be rich and guilty, than to be poor and innocent.

Troy Davis, Odell Barnes, and Shaka Sankofa’s cases have similarities that unleashed my demons. In the case of Troy and Shaka, both had jurors that would not have found them guilty had they known the inconsistencies that were uncovered after their trials. Odell Barnes said to us from the death gurney in March, 2000: “I thank you for proving my innocence, although it has not been acknowledged by the courts.” Prior to his execution, the French Government had paid tens of thousands of dollars for appeals lawyers and forensic experts who raised more than a reasonable doubt as to Mr. Barnes’ guilt.

What is interesting is that all three men saw their cases as symbols of a larger struggle for freedom, justice, and equality. Odell Barnes said moments before he died: “May you continue in the struggle and may you change all that's being done here today and in the past." Both Troy and Shaka accepted that they may lose their lives, but the struggle against injustice must continue. Shaka said to me in the death chamber during the last 15 minutes of his life: “…You must expose this injustice to the world. You must continue to demand a moratorium on all executions. We must move forward Minister Robert Muhammad.” His words still ring in my ears and resonate in my soul.

During our struggle to save Shaka’s life, I had fasted for 40 days under medical supervision. Shaka was executed on the thirtieth day of my fast. During our last private visit on the day of his execution, we were talking about food because a tray of food was sitting in front of his holding cell. I asked whether that was his last meal. Shaka’s response to me that hot steamy day in June, 2000 was: “No sir! Brother Muhammad, to accept a (last) meal is to cooperate with injustice. Non cooperation with evil is an obligation.” Troy Davis, like Shaka Sankofa before him, refused his so-called last meal. It makes me wonder how many times we have cooperated with injustice and thereby perpetuated our own suffering by assuaging the guilt and affirming the humanity of our oppressors. In conclusion, I don’t see any easy path to liberation for us and our children. There will be no permanent change without the willingness to reason one with another, coupled with a long-suffering patience to unify our people, and an unwavering effort to pool our spiritual, mental, and economic resources toward formulating a long term strategic plan for building the Kingdom of Heaven on earth. Only when we lose our fear of death, control our emotions, and direct our hatred toward what Allah (God) hates will we be free.

A part of me died last night with Troy Davis as before with Odell Barnes and Shaka Sankofa in 2000 – what died in me was the fear of death and any hope that the Black people and the righteous will ever get justice in America absent an intense struggle backed by the power of Allah (God) and His Christ. Shaka told me from his holding cell outside of the death chamber hours before his execution: “My brother, death is a complement to life. They make it something to fear so that they can control us. To be an effective leader, you must be willing to pay the price.”


Last night, Troy Davis, as Shaka Sankofa before him, died a free Black man. Now I know what the Honorable Minister Louis Farrakhan means when he says he is a “free” Black man. After my final dance with my demons last night, I too, am now free.

Friday, April 16, 2010

TEA LOSES IN COURT OF APPEALS AGAIN

















TEA Commissioner Robert Scott

COURT OF APPEALS
THIRD DISTRICT OF TEXAS
P.O. BOX 12547, AUSTIN, TEXAS 78711-2547
www.3rdcoa.courts.state.tx.us
(5 12) 463-1733

J. WOODFIN JONES, CHIEF JUSTICE
JAN P. PA'TTERSON, JUSTICE
DAVID PURYEAR, JUSTICE
BOB PEMBERTON, JUSTICE
ALAN WALDROP, JUSTICE
DIANE HENSON, JUSTICE

April 13,2010


RE: Court of Appeals Number: 03-06-00003-CV
Trial Court Case Number: GN503667
Style: Robert Scott, Commissioner of Education v. Alphonso Crutch Life Support Center

Dear Counsel:

On the date noted above, appellant's motion for leave to file post-submission letter brief was granted by this Court, and appellant's post-submission brief was filed. In addition, appellant's (Robert Scott, Commissioner of Education) motion for rehearing was denied.

Very truly yours,
JEFFREY D. KYLE, CLERK

Note: This means the lower court's and Court of Appeals ruling favoring Alphonso Crutch stands. TEA can either abide by this ruling or appeal to the Texas Supreme Court. Either way, TEA keeps stalling to try to run out the clock on the school by with holding funds. There will be a hearing in Austin, Texas on April 22, 2010 in the Court of Appeals on another District Court ruling against TEA in favor of Alphonso Crutch. Join us there if you can. Or better yet, call TEA Commissioner Robert Scott at (512) 463-9734. Urge him to stop wasting taxpayer's money and denying poor children with no other school to attend an education. Demand that he dismiss TEA attorney Jim Thompson from the Alphonso Crutch case and negotiate a fair settlement with the school.

Thursday, September 10, 2009

Help Defend the Poor Children of Houston against the Texas Education Agency

The Texas Education Agency has unleashed a nine year blistering attack against a Houston area charter school that caters to at risk inner city youth. Unable to revoke the Alphonso Crutch Charter School's charter in 2002, the agency has done everything to destroy the school and its founder Vida Belford. The school once had three campuses and nearly 1,700 students. Nearly 70% of the students were there because no other school in 18 area school districts would accept them. Crutch is the alternative school of alternative schools. Like many charter schools in Texas, Alphonso Crutch had its issues, but nothing that couldn't have been remedied. Unfortunately, This has become a personal matter and here is who is behind it.

The only attorney in TEA history to lose a charter revocation case is Jim Thompson. He has never gotten over it. He told me to my face in front of witnesses on April, 2003: "I see no purpose for this school." He has been on a mission to use any administrative means at his disposal to accomplish what he failed to do in a fair and open hearing before an independent third party.
The fact is, not only has Alphonso Crutch defeated Jim Thompson in administrative revocation hearings and the subsequent appeals by TEA, but also in three state district courts and the Texas Court of Appeals. Attorney Jim Thompson and TEA refuse to obey the ruling of their own administrative law judges, Republican and Democratic judges and an unanimous panel of appellate judges. This agency is out of control and nobody, I mean nobody can put them in check.

Unfortunately, the Texas Attorney General's office is joined at the hip with TEA and cannot be objective enough to show TEA the unconstitutionality and illegality of its behavior in this case. Instead of defending due process and equal education rights of poor children, the Texas Attorney General has sided with this out of control state agency. Texas Attorney General Greg Abbott can't possibly know what his lawyers are really doing in this case. We can't imagine him allowing the power of his office to be used against poor children of color in the state of Texas. We know he wouldn't allow himself to be used like he was in the Kidcare case 7 years ago.


If you want to know how dirty this has gotten check this out. TEA has withheld 100% of the school's state funding over the past 2 years. Alphonso Crutch survived because of the Federal Title 1 funding available because of the poverty of its student population. In 2007, TEA pre-approved a $44,000 draw for the school only to demand it be repaid soon thereafter.

TEA admits its was their mistake, knowing fully well in advance that federal money can only be paid back out of private or state funds. Now mind you, TEA has withheld nearly $1.7 million dollars in state funds illegally according to three district and an appellate court, yet they refuse to even partially fund this school that still is educating our most vulnerable children. Meanwhile, because of a $44,000 mistake in approving federal funds, TEA has blocked $1.5 million in federal funds Crutch qualifies for from coming to the school. If we can't call it a conspiracy, you can't call it a misunderstanding. What we have here is arrogance, corruption and an abuse of power. TEA is so bold, they even lie to the President Obama's Department of Education, knowing their is no independently sourced documentation that exists to back up their assertions against the school. The joke on the streets is: How do you know when TEA is lying about Alphonso Crutch? Answer: Are their lips moving?

I know any reasonable persons will find all of this hard to believe - but documentation beats conversation any day. I, Robert Muhammad, as Chairman of the Alphonso Crutch Charter School, pledge to allow any credible media, education or child advocacy organization come and review our records, as long as the privacy of the students and staff is not put in jeopardy. Who will take me up on this offer?

Here is what you can do to help: Call and email the TEA attorney listed below. Let him know that you are outraged and demand that the school be given a reasonable settlement so that it can continue educating the most needy children in our area.

Jim.Thompson@tea.state.us
(512) 463-9037

Wednesday, September 9, 2009

Stop the Texas Education Agency from Harming at Risk Youth





Contact TEA Commissioner Robert Scott

Texas Education Agency

1701 N. Congress AvenueAustin, Texas, 78701

(512) 463-9734

commissioner@tea.state.tx.us


The Texas Education Agency is out of control. TEA defies the governor, the legislature and now, the courts. They answer to no one - not even the taxpayers and the best interest of the children they are suppose to educate!
Stop this personal vendetta against school founder Vida Belford and the unique school she created to help at risk youth. This is the ONLY charter school in the history of the state of Texas that has defeated TEA's attempt to revoke its charter. Now, they won't renew the charter and have sought to impose death by "a thousand cuts" by making up non compliance violations and withholding its funding. Demand TEA obey the Courts and reach a settlement with Alphonso Crutch Charter School, so that at risk children in Houston, Texas with NO OTHER school to attend may be educated and not put out on the streets!

Tune in to Connect the Dots Radio Show from 3-4 PM CST. www.kpft.org or 90.1 FM Houston, Texas. Thanks.