Faith in Action

Hat Tip: Baltimore Examiner

Len Lazarick, The Examiner

Annapolis -
Wider collection of DNA samples from anyone charged with a violent crime tentatively passed the Maryland Senate on Tuesday.

But seven of the 10 African-American senators voted against the measure despite concessions they won from Gov. Martin O’Malley on a key component of his anti-crime agenda. Many black lawmakers said O’Malley’s proposal had potential to create another kind of racial profiling, with little knowledge of how genetic information could be used in the future.

Despite misgivings, Sen. Verna Jones, chairwoman of the General Assembly’s Legislative Black Caucus, voted for the bill initially — “a vote that’s very difficult for me” — then switched her vote after the measure passed on a preliminary 36-to-11 vote. She asked to have her name removed as a co-sponsor.

“I do have a problem with this bill, but I wanted to be supportive,” Jones told The Examiner. “I don’t think it’s as tight as it should be.”

The Senate amended the bill to make it similar to the one passed by the House last Wednesday. DNA samples would only be collected after a person was charged with a crime of violence, not after arrest, as O’Malley originally proposed.

The DNA would be tested after conviction, and it would be automatically expunged if the suspect was acquitted. In an important difference with the House, the Senate version “sunsets” the law — automatically repeals it — in five years.

“I had worked very diligently with the governor’s bill,” said Sen. Lisa Gladden, vice chairwoman of the Judicial Proceedings Committee and a public defender in Baltimore. “I still think it’s a bad bill.”

“I know who’s going to be in the database,” Gladden said — “poor people, African-American people.”

Sen. Delores Kelley, D-Baltimore County, said the bill was “premature” since O’Malley has neither provided the funding, created a commission of experts nor set up the regulations to be make sure the laboratories doing the testing were credentialed.

Four conservative Republicans joined in the opposition. “These are innocent people” from whom the DNA will be collected, said Sen. Alex Mooney. “We don’t know what they can do with DNA yet.”

Both sides expect the measure to be sent to a conference committee to work out differences between the two houses.

HERE IS HOW THE SENATE VOTED:

Nays (11):

Joan Carter Conway, D, Baltimore City
Ulysses Currie, D, Prince George’s County
Nathaniel Exum, D, Prince George’s County
Lisa A. Gladden, D, Baltimore City
Janet Greenip, R, Anne Arundel County
David C. Harrington, D, Prince George’s County
Andrew P. Harris, R, Baltimore County & Harford County
Delores G. Kelley, D, Baltimore County
Allan H. Kittleman, R, Carroll & Howard Counties
Alex X. Mooney, R, Frederick & Washington Counties
C. Anthony Muse, D, Prince George’s County
E.J. Pipkin, R, Caroline, Cecil, Kent & Queen Anne’s Counties

Yeas (36):

John C. Astle, D, Anne Arundel County
David R. Brinkley, R, Frederick & Carroll Counties
James Brochin, D, Baltimore County
Richard F. Colburn, R, Caroline, Dorchester, Talbot & Wicomico Counties
James E. DeGrange, Sr., D, Anne Arundel County
George W. Della, Jr., D, Baltimore City
Roy P. Dyson, D, Calvert, Charles & St. Mary’s Counties
George C. Edwards, R, Allegany, Garrett & Washington Counties
Jennie M. Forehand, D, Montgomery County
Brian E. Frosh, D, Montgomery County
Robert J. Garagiola, D, Montgomery County
Barry Glassman, R, Harford County
Larry E. Haines, R, Baltimore County & Carroll Counties
Nancy Jacobs, R, Cecil & Harford Counties
Verna L. Jones, D, Baltimore City
Edward J. Kasemeyer, D, Baltimore County & Howard County
Nancy J. King, D, Montgomery County
Katherine A. Klausmeier, D, Baltimore County
Rona E. Kramer, D, Montgomery County
Mike Lennett, D, Montgomery County
Richard S. Madaleno, Jr., D, Montgomery County
Nathaniel J. McFadden, D, Baltimore City
Thomas M. Middleton, D, Charles County
Thomas V. Mike Miller, Jr., D, Calvert & Prince George’s Counties
Donald F. Munson, R, Washington County
Douglas J.J. Peters, D, Prince George’s County
Paul G. Pinsky, D, Prince George’s County
Catherine E. Pugh, D, Baltimore City
Jamie Raskin, D, Montgomery County
James N. Robey, D, Howard County
Jim Rosapepe, D, Anne Arundel & Prince George’s Counties
Bryan W. Simonaire, R, Anne Arundel County
J. Lowell Stoltzfus, R, Somerset, Wicomico & Worcester Counties
Norman R. Stone, Jr., D, Baltimore County
Bobby A. Zirkin, D, Baltimore County

Since this mainstream media report, the House of Delegates has voted on the bill and everyone voted in favor of it except Del. Jill Carter (D-41), Del. Michael Smigiel (R-36), Del. Richard Sossi (R-36) and Del. Donna Stifler (R-35A).

Del. Frank Conaway, Jr. (D-40) - who we initially identified as being one of the misguided African American delegates in a previous post - chose not to vote at all.

It was for male ex-offenders who were there to receive information that could potentially help their situation. Here’s part 1 of my sharing. You can check out the rest on my youtube page.

On that same day I conducted a Social Justice Bible Study session for the United Worker’s Association. They have an Organizer’s Training Program that they’ve just started with some of their low-wage workers. The day before I was in Annapolis meeting with members of the Legislative Black Caucus of Maryland meeting about Governor Martin O’Malley’s absurd DNA bill and from Annapolis did 95 on 95 to get to the studio of WEAA 88.9FM to be a guest on Front Page hosted by my good brother, Craig Thompson. We were talking about Dr. Jeremiah Wright, the Black Church, and Black Liberation Theology.

Once I got home Tuesday night from this long 48 hours of giving and sharing I went straight to bed and slept for 12 hours. (I never do that)

I’m tired ya’ll. My body, mind, and spirit needs a break. I’ve been going full throttle for months now. Vacation please!?

Hat Tip: Baltimore Examiner

By BRIAN WITTE, The Associated Press
2008-03-18

ANNAPOLIS, Md. -
A measure to expand the collection of DNA samples from people arrested for violent crimes and burglary has run into strong resistance from the NAACP and members of the Maryland Legislative Black Caucus, who walked out of a House caucus meeting Tuesday in frustration.

Opponents are fighting the bill because they say it’s too broad and requires DNA collections from innocent people who haven’t been convicted of any crimes. Initially the bill, which is one of Gov. Martin O’Malley’s priorities this session, would have required that DNA samples be kept by law enforcement - even if people ended up being exonerated.

The measure has been amended so that authorities would have to inform someone of the right to expunge the sample, if the charges are dropped or the person is acquitted.

When the bill was brought up on the House floor Tuesday morning, Delegate Joseph F. Vallario Jr., the Judiciary Committee Chairman, told lawmakers to “feel free” to bring more amendments to the committee.

“Our door is always open,” Vallario said, shortly before action on the bill was put off until Thursday.

Read More

This has been a long day of phone calling, emailing, and article writing. I have done everything that I could do today to pressure elected officials who “serve” on the Judiciary Committee to VOTE NO on Governor Martin O’Malley’s Statewide DNA Database legislation. This bill will authorize the state to take DNA samples from individuals who have been arrested and charged, BUT NOT CONVICTED of any crime. And as many of us know, it is possible to be arrested and even charged only later to have a trial exonerate you of any wrongdoing.

If this bill passes, the DNA of those arrested and charged would be stored in a database and if the courts find them innocent then they would have to go through a long and complicated process to get their DNA expunged from the database. Given the disproportionate rates at which African Americans and Latinos are arrested in this state and country, what the bill will likely do is create a racially-biased, genetic dragnet program. A supposed “public safety” program with a more than $1.3 million dollar price tag. Though Prince George’s County State’s Attorney, Glenn Ivey would disagree, I am of the opinion that this bill would threaten to violate individual’s rights in the name of public safety - a practice that the Federal Government has mastered…using fear to get the public to surrender their constitutional rights. Other states have seen the great danger in this type of program. In 2007, 25 states introduced bills to expand DNA sampling to arrestees and only 4 passed this legislation. (SOURCE)

As it is with many other state legislatures, when a bill is introduced it is assigned to a committee that will consider it. That committee then will either give it a favorable or unfavorable report. If the bill receives an unfavorable report then it doesn’t make it out of committee (it dies). If the bill receives a favorable report (possibly with some amendments) it is sent back to the floor for a full house vote.

I just received notification that the Governor’s DNA bill has just received a favorable report from the Judiciary Committee.

There are 4 African Americans that serve on that committee and I was counting on these 4 to hold the line and slow this bill down. I was hoping that they would possess a greater sensitivity to potential abuse that could strike their community if this bill is passed. After talking to the Chair of the Legislative Black Caucus, Senator Verna Jones, this afternoon, I hung up hoping that members of the Black Caucus would hold the position of the Caucus and oppose the bill as written and refuse a vote on the bill until further consideration can be taken. I was wrong.

Three out of the four African American members of the Judiciary Committee voted “yes” to this detestable bill. They are:

Delegate Gerron S. Levi (D-23A) representing Prince George’s County

I’m told that when the the Judiciary Committee almost agreed to take the Black Caucus’ position and hold off on the bill, it was Del. Gerron S. Levi who played the role of the divisive, dastardly delegate and shot this option down. In her eagerness to prove her loyalty to the Power Structure during her first term in office, she may have just opened the door for the rights of many of her own constituents to be violated.

Delegate Frank M. Conaway, Jr. (D-40) representing Baltimore City

I called Delegate Conaway’s office myself and told the woman who answered the phone that we had just brought Conaway’s name up on the Larry Young Morning show (WOLB 1010AM) as one of legislators who rightly voted against one of the tax increases. It’s unfortunate that now I have to go back on the radio on Monday and let everyone know that Conaway sold out his own community in voting for this bill. Another first term delegate looking to ingratiate himself to the status quo Power Structure.

Delegate Curt Anderson (D-43) representing Baltimore City

As Chairman of the Baltimore City Delegation, one would assume that Anderson has enough clout to take a strong stand and refuse to budge on such an important bill. I guess what they say about “assuming” is right. As one who consistently portrays himself as being concerned about the most vulnerable segments of our society, I am appalled that Delegate Anderson would vote in favor of this bill. I vehemently disagree with him on this.

Three out of the four African American delegates were major disappoints on this. They refused to take a stand. They chose to be silent when righteousness begged their cooperation. And now they must be held accountable. Understand Family that if there are no consequences when elected officials vote against the will of the people then they will continue to ingratiate themselves to their political overlords and will check back in with their constituents when the next election rolls around.

I’m not having it! No more. I’m tired of being ignored. I will not be apathetic. I will ring their phones, flood their inboxes, and show up in person if need be to let them know that this betrayal will be remembered for a long time.

Just in case you get the itch to pick up the phone and voice your displeasure:

Del. Gerron S. Levi
(410) 841-3101

Del. Frank Conaway
(410) 841-3189

Del Curt Anderson
(410) 841-3291

P.S. - Who’s the one African American delegate who rightly voted “No” against the Governor’s DNA bill you ask?

Why Delegate Jill P. Carter (D-41) of Baltimore City of course. THANK YOU DELEGATE JILL CARTER FOR YOUR CONSISTENT AND PRINCIPLED SERVICE TO OUR COMMUNITY!

Picture this - one day you are arrested, but not convicted of a crime. Nonetheless, prior to any conviction, a DNA sample is taken from you to be included in a statewide criminal database. After your trial you are found innocent of all charges and yet the state still has your DNA in its criminal database. You then must go through a long and complicated process to get your DNA expunged from the criminal database - that is if and only if you meet certain criteria.

So what’s the problem? There are many, but the one that really gets me centers on the fact that the judicial system of this country and the state of Maryland is supposed to presume a person innocent until proven guilty. However, the collection of your DNA right away implicates you as GUILTY BEFORE TRIAL!

Governor Martin O’Malley is chomping at the bits to make this nightmare a reality with a bill that he is pushing through the state legislature entitled STATEWIDE DNA DATA BASE SYSTEM. (HB370 / SB211)

Under the guise of increasing public safety, O’Malley will essentially create a racially-biased genetic dragnet program which will disproportionally impact the African American and Latino communities. He is attempting to rush the bill to a vote before the general public has time to scrutinize it further.

O’Malley is pushing this bill so hard that even legislators don’t fully understand it.

Delegate Sandy Rosenberg (D-41) admits as much on his website:

I chaired the first meeting of the work group on the Governor’s bill to take DNA samples from people arrested for serious crimes.

Around the table were members of the Judiciary Committee, a delegate representing the Black Caucus, the lobbyist for the American Civil Liberties Union, and two of the Governor’s lobbyists…

Don’t ask me the details of what we agreed to during five hours of meetings today on the Governor’s DNA bill.

“I’m no good at science,” I once told my parents. Forty plus years later, my knowledge of biology isn’t much better. Plus, I’m no scholar when it comes to Maryland criminal procedure.

So I used my political science skills to chair three work sessions with delegates, legislative and executive branch staff, and prosecutors and defense lawyers. Shortly after 7 pm, we left smiling. When someone proposes an amendment, you can accept it, modify it, study it this summer, or reject it. We did some of each today. Sometimes, I proposed one of those options at the start of the discussion of a certain issue. More often, I waited for a consensus to develop and someone else to propose a solution.

I’ll bone up on the details of the bill by Thursday night or Friday afternoon. That’s when the Judiciary Committee will be voting on it.

Though Maryland is currently grappling with a $1.4 billion dollar deficit, Governor O’Malley is willing to devote more than $1.4 million dollars to create this DNA registry that rebuts the Fourth Amendment (prohibiting unreasonable searches and seizures), the Eighth Amendment (prohibiting cruel and unusual punishment) and the presumption of innocence before guilt. What’s more local police departments will likely have trouble implementing this thing anyway! (according to state fiscal & policy notes)

In a city that has historically had problems with illegal arrests, the implications of this orwellian crime fighting strategy is abominable to say the least.

I join the Maryland NAACP, the Baltimore City Branch of the NAACP, the Prince George’s County Branch of the NAACP, the Maryland Chapter of the National Organization for Women, the Maryland Innocence Coalition, the ACLU of Maryland, the Coalition of Maryland Ministerial Alliances, and the Legislative Black Caucus of Maryland in OPPOSING THE GOVERNOR’S DNA DATABASE BILL!

IMMEDIATE ACTION IS NEEDED ON THIS BILL.

I ask you to join me in opposition. You can help by doing any number of the following.

Kudos to my Baltimore Algebra Project comrades.

Today, Rev. Scott Adams and Pastor Reginald Thomas (Greater Gethsemane Church) will be holding it down in my absence on Faith in Action. I have some business to take care of today, but the show will be left in very capable hands.

They’ll be talking about Gay Marriage in Maryland. This has been a perennial issue in Maryland for the past few year’s in our state’s General Assembly and some say that the “pro-gay marriage” activists have built the necessary support needed to push this over the top.

There are a plethora of bills that the Legislature is considering. The State Senate had its first round of hearings on these bills on Feb. 14th. The House will be hearing its bills in committee this Thursday, February 28, 2008. (Click here to see the full rundown of bills being considered.) Some say the issue is whether or not same-sex partners should be afforded the same rights that heterosexual partners are afforded under the law. Others say the issue is the normalizing and legislating of deviant behavior that goes against natural order and God’s design.

How should the state of Maryland come down on this issue?

That’s the question we’ll be asking Sen. C. Anthony Muse who is a member of one of the committees considering this issue and Chair of the Prince George’s County Legislative Delegation. Muse is also the pastor of The Ark of Safety Christian Church in Upper Marlboro, Maryland. He is the lone democrat who has joined five republican senators in pushing legislation that would authorize a man and woman to enter into a “covenant marriage” - a move intended to strengthen heterosexual marriages, but does not address same-sex marriages.

Find out what he, Pastor Reggie Thomas, and our spirited callers have to say about this issue today at 1PM on Faith in Action on Spirit 1400AM (Baltimore). For those outside of the Baltimore area, the audio will be posted to the blog later this week, but in the meantime feel free to post your comments/questions here and we’ll possibly address them on air.

SOURCE: (Sun photo by Glenn Fawcett / February 6, 2008)

ANNAPOLIS - About two dozen teenagers were detained this afternoon during a rowdy protest outside the State House.

The students — who were calling for more funding for education — were cuffed with plastic bands after trying to carry a fake cardboard coffin up the steps of the State House.

A total of about 300 students attended the protest. All were from Baltimore City schools, and were brought to Annapolis on public school buses. One Baltimore City College teacher said students were allowed out of class to attend the protest.

READ MORE

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ALGEBRA PROJECT—CSI: ANNAPOLIS, FEB 6

Students Investigate Link between Crime, Youth Unemployment and School Underfunding

Conference at Asbury United Methodist , 87 West Street, Annapolis FROM 10:30AM - 1:00PM

MARCH TO RALLY AT STATE HOUSE STARTS AT 1:30 PM

Contact Information:

Chris Goodman
Baltimore Algebra Project
443-957-5346

Faye Brown
Baltimore Algebra Project
410-338-0679

Baltimore Algebra Project students will deliver a coffin and use crime scene tape to symbolically seal off government areas on WEDNESDAY, FEBRUARY 6 as a protest against Gov. Martin O’Malley’s cuts to Thornton funding.

Education and Jobs in the Knowledge-Based Economy should be fully funded.

Angered by the Governor’s and General Assembly’s broken promises, students will show the connection between November’s repeal of the original Thornton legislation and crime in Baltimore City. The action takes on added significance following the recent murder of an Algebra Project student activist.

As mayor, Martin O’Malley called Algebra Project students to his office and urged them “to hold the Governor accountable” for failing to follow court orders in Bradford v. Md. State Board of Ed. (March 3, 2006). He claimed the state should “immediately pay the $800 million” owed.

Now as governor, his actions will lead to $50 million in cuts to education in Baltimore City for next year.

Students will begin with a teach-in/conference at Asbury United Methodist Church, 87 West Street, Annapolis from 10:30AM - 1:00PM.

At 1:30, students will begin a permitted march along West Street to the State House where they will establish a crime scene to investigate the high murder rate in Baltimore City. 200 participants are expected.

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