Tuesday, June 26, 2012


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, June 26, 2012
Two Women Plead Guilty in Maryland to Civil Rights Violations
Two Baltimore women pleaded guilty today for their involvement in a racially-motivated conspiracy to interfere with an African family’s housing rights by hanging a dead raccoon on the family’s porch, the Justice Department announced.

Dena Whedbee, 42, and her daughter Brittany Whedbee, 20, each pleaded guilty in the District of Maryland to one count of conspiracy to deprive a person of civil rights and one count of violating the Fair Housing Act.

According to their plea agreement, in April 2010, Dena Whedbee and Brittany Whedbee conspired with Joshua Wall, Billy Pratt and another co-conspirator to hang a dead raccoon from a noose on the porch of a family from Africa, in order to frighten the family and interfere with their housing rights.   Dena Whedbee admitted that she and another co-conspirator found the dead raccoon, and that Wall, Pratt and the other conspirator used the raccoon to carry out their plan on the night of April 29, 2010.   Both Dena and Brittany Whedbee also admitted that they encouraged their co-conspirators to hang the raccoon on the family’s porch.

The defendants face a maximum penalty of 10 years in prison and a $250,000 fine for conspiracy to deprive a person of civil rights and one year in prison and a $100,000 fine for violating the Fair Housing Act.  U.S. District Judge Ellen L. Hollander has scheduled sentencing for Dec. 14, 2012. 

Billy Pratt, 24, of Baltimore, and Joshua Wall, 20, of Essex, Md., previously pleaded guilty for their involvement in the conspiracy.   Their sentencings are scheduled for Aug. 17, 2012.

This case was investigated by Special Agent Mia Winkley of the FBI, and is being prosecuted by Trial Attorney Angie Cha of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney P. Michael Cunningham.

Voting Rights Under Observation by DOJ


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Monday, June 25, 2012
Justice Department to Monitor Elections in New York
The Justice Department announced today that it will monitor primary elections on June 26, 2012, in Orange County and Queens, N.Y., to ensure compliance with the Voting Rights Act of 1965.  The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. 

Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order.  Federal observers will be assigned to monitor polling place activities in Orange County based on a federal court order entered in 2012.  The observers will watch and record activities during voting hours at polling locations in these counties, and a Civil Rights Division attorney will coordinate the federal activities and maintain contact with local election officials. 

In addition, Justice Department personnel will monitor polling place activities in Queens.   A Civil Rights Division attorney will coordinate federal activities and maintain contact with local election officials.

Each year, the Justice Department deploys hundreds of federal observers from OPM, as well as departmental staff, to monitor elections across the country.  To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Justice Department’s Civil Rights Division at  1-800-253-3931.

Visit www.justice.gov/crt/voting/index.php for more information about the Voting Rights Act and other federal voting laws.

Tuesday, June 19, 2012

DOJ Sentences Misssour Woman - Vandalism, Arson of Biracial Man's Home


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Monday, June 18, 2012
Missouri Woman Sentenced to 63 Months in Prison for Vandalism and Arson of Biracial Man’s Home
A Missouri woman was sentenced today to 63 months in prison for her role in the vandalism and arson of a biracial man’s home in Independence, Mo., the Department of Justice announced .

Teresa Witthar, 43, of Independence, was sentenced in the Western District of Missouri by U.S. District Judge Dean Whipple.

On Feb. 2, 2012, Witthar pleaded guilty to one count of conspiracy, one count of violating the Fair Housing Act and one count of obstruction of justice. Witthar’s co-conspirators, Charles Wilhelm and David Martin, pleaded guilty on March 8, 2012, and March 7, 2012, respectively, to one count of conspiracy to violate the civil rights of the victim and one count of violating the Fair Housing Act for their roles in vandalizing and burning down Nathaniel Reed’s home in Independence.

According to the plea agreement filed with the court, Witthar, Wilhelm and Martin conspired to intimidate and scare Reed, a biracial man, into moving out of the Highland Manor Mobile Home Park in Independence, in part because of his race.  On or about June 6, 2006, Witthar, along with Wilhelm and Martin, entered Reed’s mobile home, without his permission, and vandalized it by writing at least 15 racially derogatory slurs on the walls of his trailer. 

Two days later, on or about June 8, 2006, Witthar drove Martin and Wilhelm to a neighborhood behind Reed’s home so that they could set fire to his home without being detected.  Witthar waited in her vehicle for Wilhelm and Martin to set the fire and then provided them a ride back to the Highland Manor Mobile Home Park.

The investigation further revealed that in the spring of 2011, Witthar unsuccessfully attempted to persuade another individual to testify falsely in front of a grand jury about her role in the vandalism and fire.  

“Violent and destructive acts such as the arson of this man’s home seek to undermine the guarantees of equal justice and equal opportunity that are central to our laws,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Department of Justice will continue to act aggressively to ensure that every American enjoys the right to occupy a home free of racially motivated intimidation and violence.”
“Today's tough sentence makes it clear that our community will not tolerate racially-motivated violence and intimidation,” said Acting U.S. Attorney for the Western District of Missouri David M. Ketchmark. “We are satisfied that this defendant is being held accountable for the arson, vandalism and threats that violated Mr. Reed's civil rights. By defending one victim’s right to live freely in his own home, we are upholding Constitutional freedoms for all citizens.”

Sentencing for Wilhelm is scheduled for July 24, 2012.   Sentencing for Martin is scheduled for July 26, 2012.

These guilty pleas were the result of a cooperative effort between the U.S. Attorney’s Office for the Western District of Missouri and the Justice Department’s Civil Rights Division.  This case was investigated by the Kansas City Division of the FBI.   It is being prosecuted by Acting U.S. Attorney David Ketchmark for the Western District of Missouri and Trial Attorney Sheldon L. Beer of the Civil Rights Division.'

Thursday, June 14, 2012

Civil Rights Author Releases Autopsy of Mississippi Lawyer; Death of Cleve McDowell 'Still a Mystery'



For Immediate Release
Susan Klopfer
Civil Rights Author, Speaker


Mississippi Civil Rights Author Releases Autopsy of Delta Lawyer Murdered in 1997; Report Found in Sunflower County Courthouse Basement 'Leaves Open Questions About What Really Happened to Cleve McDowell'

(Gallup, NM) – A controversial autopsy of a civil rights lawyer murdered in 1997 has been placed on the Internet “for the public to see” by the author of three Mississippi civil rights history books and eBooks.

“I still think about Cleve McDowell, how brave he was and how he remains a forgotten civil rights hero. And I believe his murder should be reinvestigated,” Klopfer said today, after placing the 29-page report on a civil rights blog, MississippiSovereigntyCommission.com. 

Klopfer, a graduate of Hanover College, is the author of Who Killed Emmett Till, The Emmett Till Story, and Where Rebels Roost, Mississippi Civil Rights Revisited. She is a former acquisitions and development editor for Prentice Hall, and has won journalism awards in Branson, Missouri for her investigative work.

The story of Cleve McDowell, a small-town civil rights leader who investigated the murder of Emmett Till and so many others killed in the civil rights movement has been “pretty much” forgotten, Klopfer said.

“Go to Mississippi’s state civil rights library that houses civil rights reports and books, and ask for something on McDowell. Most likely, you will get a blank stare. The state has forgotten this man – the first African American to be admitted to the University of Mississippi’s law school – and a cohort of James Meredith and Medger Evers.”


McDowell a 'Bad' Lawyer, Delta Matron Claims

Klopfer said she learned of McDowell only because she asked a simple question about a gate protecting an unfinished home on the outskirts of Drew, Miss., where McDowell was born and later murdered.


“I was riding in a car with one of the matrons of this small Delta town. I saw the rusted gate and several large stakes driven into the ground. It looked like a construction project that was halted a number of years ago – and it turned out this was a home McDowell was building for himself at the time he was killed.”


Klopfer said she asked the driver of the car, a woman she was interviewing at the time on what happened – who abandoned the construction, and why.


“She would not look me in the eyes, but said a ‘bad’ lawyer was murdered, and was building this house at the time. That caught my attention and I started asking people about the ‘bad’ lawyer, and soon I began to piece together his story.


“As it worked out, he was an important person who set several state records for African Americans. His short stay at the University of Mississippi was controversial – he was kicked out for carrying a gun in self-defense. He had been chased by students with guns back to his car, and even when driving home. Nothing happened to the white students, but McDowell was booted out. His law professor helped him get into a Texas law school where he finished, and returned to Mississippi to practice law.


When Klopfer approached the current dean of the law school, asking for the letter of recommendation that was written for McDowell back in 1963, she said he refused to hand it over.


"Several years later, I received a copy of the letter from an archivist at the school. She personally pulled it from law school files so that it would be saved from destruction.”


McDowell's attorney friend 'commits suicide' in Alabama

Klopfer became further intrigued with the story, when learning that another black lawyer, McDowell’s protégé and investigative partner, was killed in Alabama (“committed suicide”) several years before McDowell was murdered.


“McDowell went to Alabama and investigated his friend’s 'suicide.' He knew this man since they were children, and even influenced his decision to become a lawyer.


“When McDowell returned to his Delta home from Montgomery, he told a best friend this was not a suicide, but a murder – there were signs of torture. He also told this friend, he (McDowell) would be next.”


McDowell immediately quit practicing law in his office, and started a small church in Drew where he spent his last years. "His secretary told me that he stayed at the church most of the time, telling her how to proceed. She told me that on the day before he was killed, he wrote a lengthy resume that included all of his accomplishments."


Klopfer personally believes that McDowell and his friend were very likely investigating the assassination of Dr. Martin Luther King, Jr.


“Too many signs point in this direction. McDowell was a friend of King. He worked for the SCLC right out of law school, and on several occasions, Dr. King visited his office in the tiny town of Drew. After learning as much as I could about McDowell, I know that he was a dedicated and persevering man, who investigated many murders in the Delta, and would not have left King’s assassination alone. 


Finds Clue in Lubbock, Texas Newspaper


"In an obituary appearing in a Lubbock, Texas newspaper    where I once worked as a journalist    it was reported that he was known for investigating civil rights crimes, with several other lawyers. Ironically, this information never made it into Mississippi newspapers, as far as I could tell.”


McDowell also had working papers in boxes and in his safe, stashed in his office from various investigations over the years, including the murder of Emmett Till, a 14-year-old Chicago visitor to the Delta who was murdered in 1955.


“Those papers all disappeared following McDowell’s murder. All of his guns were removed from his office and home, too. Months later on, his entire office ‘caught’ on fire.”


A young man was arrested for McDowell’s murder, and remains in prison.


Autopsy Leaves Questions

“In court records that I found in the basement of the Sunflower County Courthouse, I learned that this young man tried to commit suicide while in jail, and that after confessing, he later claimed he did not kill McDowell, that he admitted guilt because he was threatened he would be charged with a capital crime if he did not plead guilty.”


The autopsy leaves some real questions for Kloofer, “after learning how McDowell’s murder was described in court.


“Some pieces don’t fit the puzzle, and I believe that this murder is far more complex than what meets the eye. I never met McDowell, of course, because I did my research in 2004 and 2005. But every time I tried to interview family members and some friends or relatives about him, and about his murder, I ran into a brick wall.


"The person who did the autopsy was frequently questioned by his peers regarding his standards. And then, a host of crime scene questions have not been resolved--in fact, they need to be asked!"


Klopfer said her book, Who Killed Emmett Till, gives "relevant details that have never been resolved" about the murder.


Cleve McDowell’s story may be further complicated, "because he was gay (as were several major iconic civil rights figures, at the time) and he kept this secret quite well. This has made it more difficult to find his true friends, and often when I do, they usually won’t talk because they seem to be either afraid or embarrassed.”


The New Mexico author adds that “so little” is still reported and understood about the entire modern civil rights movement in Mississippi.


“This is a small piece of the big civil rights story, but I would really like to know more truth – for now, I really believe that the case of Cleve McDowell is not closed.”


**Related Links

Wednesday, June 13, 2012

Complaint Filed: Iraq War Vet Fired After Serving in National Guard


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, June 7, 2012
Justice Department Files Complaint Against Forsyth County, North Carolina, Sheriff for Violating the Employment Rights of Army National Guard Soldier
WASHINGTON – The Justice Department announced today the filing of a complaint in U.S. District Court for the Middle District of North Carolina against Forsyth County, N.C., and the county sheriff, William T. Schatzman, for violating the employment rights of North Carolina Army National Guard soldier Michael Russell under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
The department’s complaint alleges that Sheriff Schatzman and Forsyth County violated USERRA by terminating Russell’s employment with the Forsyth County Sheriff’s Office (FCSO) without cause and without notice within one year after his reemployment following his return from active military duty.  Russell, an Iraq War veteran who is currently serving with the Army National Guard in Afghanistan, had worked as a deputy sheriff and sergeant deputy sheriff with FCSO since 1989.  In February 2010, Russell completed a one-year deployment to Iraq with the North Carolina Army National Guard and returned to his position with Forsyth County as a sergeant deputy sheriff.  On Nov. 29, 2010, less than one year following Russell’s reinstatement to his position, Sheriff Schatzman and Forsyth County discharged Russell from his employment without cause.
According to the Justice Department’s complaint, Russell’s employment was terminated because of Sheriff Schatzman’s belief that Russell had supported the election campaign of another candidate for Forsyth County sheriff, Dave Griffith.  Russell did not support Griffith’s campaign for Forsyth County Sheriff.  With the objective of winning a motorcycle rather than the purpose of supporting Griffith’s campaign, Russell purchased raffle tickets, at total cost of $100, for a motorcycle raffle whose proceeds went to Griffith’s campaign.  Sheriff Schatzman and Forsyth County failed to provide notice to Russell that purchase of tickets for a raffle sponsored by a campaign would constitute cause for discharge.
“The men and women who wear our nation’s uniform need to know that they will be protected from unjust terminations when they return from significant periods of military service,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Civil Rights Division is committed to aggressive enforcement of USERRA to protect our brave service members, whose rights do not end with their first day back on the job.”
Russell initially filed a complaint with the Labor Department’s Veterans’ Employment and Training Service, which investigated the matter, determined that the complaint had merit and referred the matter to the Justice Department.  The Justice Department’s Civil Rights Division subsequently decided to represent Russell in this matter and filed this lawsuit on his behalf.
USERRA prohibits employers from discriminating against service members with respect to employment opportunities based on their past, current or future uniformed service obligations.  USERRA also provides service members, such as Russell, special protection from discharge from civilian employment after returning from uniformed service, such as a deployment.  Under USERRA, if an individual served over 180 days before returning to civilian employment, then he or she may not be discharged from the civilian employment position within one year, except for cause.  In order to discharge an individual for conduct during this protected period, an employer must show that it was reasonable to discharge the employee for that conduct, and that the employee had notice that the conduct would constitute cause for discharge.
Among other things, the suit seeks compensation for Russell’s lost wages and benefits and reinstatement of Russell’s employment with FCSO.
This case is being handled by the Employment Litigation Section of the Justice Department’s Civil Rights Division.
Additional information about USERRA can be found on the Justice Department websiteswww.usdoj.gov/crt/emp and www.servicemembers.gov, as well as the Labor Department website www.dol.gov/vets/programs/userra/main.htm.
Related Material:

Thursday, June 7, 2012

48th Annual Mississippi Civil Rights Martyrs Memorial Service


For Immediate Release
June 7, 2012
John Steele, Chairman
anjohnora2003@yahoo.com or (925) 497-9868.                                                                                                                                    
   

The 48th Annual Mississippi Civil Rights Martyrs Memorial Service,
Conference, Caravan and March for Justice
June 22, 23, and 24, 2012
Still standing for justice for Civil Rights Martyrs!

Compared to the number of Mississippi murders committed—and the number of murderers involved—investigations and prosecutions have been a token few.
You are invited to attend the 48th Annual Mississippi Civil Rights Martyrs Memorial Service, Conference, Caravan and March for Justice. We will remember and honor all Mississippi Civil Rights Martyrs. Over fifty martyrs have been identified thus far.
On Friday, June 22, a Caravan for Justice will assemble at 8:00am at Mt. Zion United Methodist Church, 11191 Road 747, Longdale, Neshoba County, Mississippi. At 9:00am the caravan departs for the Mississippi Coliseum, 1207 Mississippi Street, Jackson, Mississippi.
From the Mississippi Coliseum, a March for Justice will commemorate the march Dr. Martin Luther King Jr. led in Philadelphia, Mississippi on the second anniversary of the murders of civil rights workers James Chaney, Andrew Goodman, and Michael Schwerner. The 2012 March for Justice will follow Mississippi Street to the Mississippi Capitol, 400 High Street, Jackson, Mississippi. The march is less than a mile (0.9). A Rally for Justice for All Mississippi Civil Rights Martyrs will start at 11:00am on the steps of the Capitol Building. After the rally there will be a lunch at a local restaurant. At 2:00pm the caravan will proceed to31st Missionary Baptist Church, 3411 20th Street, Meridian, MS. At 6:00pm a meet and greet will take place at a local restaurant.
On Saturday, June 23, at 8:00am, we will assemble at the former COFO office site, 2505 5th Street, Meridian, MS. At 9:00am we will caravan to the Longdale Community Center on Road 632, Longdale, Neshoba County, MS. A conference will be held to discuss unprosecuted or not fully prosecuted cases of murders of Mississippi Civil Rights Martyrs, recent Strange Hangings, other unsolved murders in Mississippi, the Mississippi right to work law, and denial of pardons for the Scott Sisters. A Memorial Service for all Mississippi Civil Rights Martyrs and observance of people who have given diligent service to civil rights will start at 11:30am.  A picnic will start at 12:30pm and end at 4:00pm.
A Steele family gathering will be held at the Longdale Community Center on Sunday, June 24, beginning at 10:30am. All family, friends, and the general public are welcome. Please join us.
I can be reached at anjohnora2003@yahoo.com or (925) 497-9868.
Annual Mississippi Civil Rights Martyrs Memorial Service                                                                            John Steele, Chairman
Planning Committee Members
Diane Nash  Sa3456@msn.com               
C.T. Vivian  ctv@comcast.net                
Curtis Muhammad   curtismuhammad@gmail.com                         
George Roberts  Rgeorge529@aol.com

Tuesday, June 5, 2012

U.S. Senate Prevents Paycheck Fairness Act; How Will You Vote Today??


For Immediate Release
Contact: Latoya Veal, 202-628-8669, ext. 116


Senate Fails Women on Equal Pay
Statement of NOW President Terry O'Neill


June 5, 2012

The National Organization for Women is deeply disappointed that conservatives in the U.S. Senate this afternoon prevented the Paycheck Fairness Act from being brought up for a debate and receiving a vote. Today, this bill had 52 votes to move forward, and the support of the majority of the Senate. By blocking this commonsense law, right-wing legislators have expanded the War on Women. But women are paying attention, and will remember in November.

The Senate's failure to agree to vote on the Paycheck Fairness Act is a direct blow to working women and their families. It is unacceptable that women are still paid, on average, 77 cents for every dollar paid to men. The Paycheck Fairness Act would close loopholes in the 1963 Equal Pay Act and prevent employers from retaliating against workers for sharing salary information. An important milestone in the long journey toward workplace equality, the act would ensure that women in this country aren't bringing home smaller paychecks because of discrimination.


The people of this country, women and men alike, believe in fair pay. The politicians who voted against the Paycheck Fairness Act will pay a price at the polls -- and NOW activists around the country are already organizing to see that that happens.


###

(Editor's Note: Meanwhile, "Nearly 50 years after the Equal Pay Act was passed to end the “serious and endemic problem” of unequal wages, women in America still make only 77 cents on the dollar compared with men. Yet many Republicans remain willfully oblivious to the fact that pay inequity persists.

In Congress, the majority has been unwilling to stand up for women’s economic security by supporting moderate legislation like the Paycheck Fairness Act. Even GOP presidential candidate Mitt Romney refuses to say whether he supports the Paycheck Fairness Act."