THE CASH STUFF FOR 05-21-20

STATE NEWS BRIEFS FOR 05-21-20

FORMER NC REP. LARRY WOMBLE, DEAD AT 78

[WINSTON-SALEM] Best known for championing the cause of victims of North Carolina’s 40-year sterilization program, former Rep. Larry Womble died at his home last week of natural causes. He was 78. A former local alderman, Womble went onto serve in the NC House of Representatives in 1995 fo nine terms. He left the House in 2012 after almost losing his life in a car accident. It was through his efforts that in 2013, sterilization victims received compensation from the state.

CHURCHES REOPEN AFTER FEDERAL JUDGE TEMPORARILY STRIKES DOWN GOVERNOR’S RESTRICTION

[RALEIGH] Churches across North Carolina reopened for service last Sunday after a federal judge temporarily struck down part of Gov. Cooper’s restriction on indoor churches because of the COVID-19 pandemic. The churches said the indoor prohibition violated their constitutional rights. The governor countered that have church congregations in close quarters only contributed to the spread to the virus. A hearing on the matter is scheduled for May 29th.

LEGISLATURE RECONVENES WITH BIG BUDGET CHALLENGES

[RALEIGH] Lawmakers came back to Raleigh the week, facing staggering challenges because of what the COVID-19 pandemic has done to the state. With most businesses closed and many North Carolinians out of work, retail and income tax collections are low, forcing lawmakers to decide what services will have to be cut. In addition, many citizens have not gotten their unemployment checks, primarily because when the pandemic hit, it overwhelmed the system, thus causing long delays. Plus, Republican lawmakers will try to pass bills countering Gov. Cooper COVID-19 restrictions on restaurants and bars.

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ATTORNEY FOR KITA:

“COLOSSAL MISUNDERSTANDING”

By Cash Michaels

Staff writer

The attorney for the former NHC sheriff’s deputy who allegedly led an “angry white mob” erroneously to the home of a Pender County black family looking for his younger sister May 3rd, says there was no racism involved, and that it is all just some “colossal misunderstanding.”

Meanwhile a Pender County community leader says regardless of the reason, that black family was “terrorized,” and he wants District attorney Ben David to hand the case over to the FBI so that the truth can come out, and justice be done.

Justice seems to be moving slowly in the Jordan Kita case, where the former NHC deputy, in uniform, allegedly led an “angry white mob,” some with guns,  of at least 15 people to the home of Monica and Dameon Shepard in the Avendale community of Rocky Point in Pender County, angrily demanding the whereabouts of his younger sister (who was found unharmed the next morning), and someone named “Josiah.”

Both Dameon, 18, and his mother, Monica vehemently denied knowing anything about the missing girl, or anything about Josiah, especially when Kita allegedly tried to force his way into their home. Soon Pender deputies came to the scene, but took no names and arrested no one. Five days later, New Hanover/Pender County D.A. Ben David announced that Kita had been fired as a NHC deputy, and was charged with forcible, breaking and entering, and willful failure to discharge duties. Another man allegedly with Kita May 3rd who was carrying a weapon was charged with terrorizing the public.

According to WECT-TV,  former NHC Deputy Kita was in uniform that night because he left his shift at the detention center early and didn’t change clothes. And his little sister is mixed race. In fact, even though Jordan Kita is white, his family is mixed race. The Kita family also claims they were working with the Pender County Sheriff’s Department in the search.

James Rutherford, attorney for the Kita family, told the TV station the race had nothing to do with the events of May 3rd, and blames that “defamatory narrative’ on the Shepard’s attorney, James W. Lea.

In a statement to the media, atty. Rutherford reiterated that the events of May 3rd were not bout race, but instead about “…a family searching for a troubled teenager…and time was against them….the teen the family has had guardianship over for more than 10 years, is biracial. It is even more difficult to reconcile when considering the fact that this is not the only biracial child in the home.

Jordan considers the teen to be his sister, atty. Rutherford continued, “ she has lived with his family for more than ten years. He loves her very much, just as he loves all his siblings, biological or otherwise. When his mother called him frantically on the night of May 3rd, Jordan was working at the New Hanover County Detention Facility. His shift did not end for several more hours. Understanding the emergent circumstances, he left work and rushed to help find the sister he loves so much. 

He did not lead any mob as has been reported. He was not a leader of anything this evening. The search party, consisting of children, teenagers and adults, was a disorganized hodgepodge of people receiving rapidly changing information through social media, text and phone calls. Many doors were knocked upon that evening on multiple streets. Upon hearing the plight, several people joined to help search for the missing teen.

Hours into the search a tip was received from a youngster that this missing teen was seen with Josiah. Eventually another youngster gave an address. This address was broadcasted via phone calls and text. At this point the hodgepodge of individuals and small groups that were independently searching for this missing teen came to what later is known as the Shepard’s address. It is true the name given is Josiah. However, at no time did anyone mistake Dameon for Josiah. There was zero description of Josiah. 

This case is nothing more than a colossal misunderstanding, atty. Rutherford insisted, who added there was also no criminal intent.

It is not lost on Jordan and his family how the Shepard’s must feel. Instead of fighting in the court of public opinion this family wishes to do what they have always done, and that is to put race aside and do what is right. They would love nothing more than to sit down with the Shepard family and express how sorry they are that they were a part of leaving them feeling as they felt.

But Rev. Dante A. Murphy of Southern Coalition of Equal Protection Under the Law isn’t buying it.

The Journal sent the Pender County-based activist  copy of atty Rutherford’s statement on behalf of the Kita family.

“Attorneys have very creative ways at attempting to explain away the reality of facts,” Rev. Murphy replied, referring to the fact that Kita did try to muscle his way into the Shepard’s home, that there were at least three people with guns present as part of an angry white mob, and the Shepards were left fearing for their lives in their home.

“One family being in “crisis mode” does not justify another family be terrorized,” Rev. Murphy continued.  “It is my hope that District Attorney Ben David will refer this matter to the FBI for investigation.  The public deserves to know the details of what happened that night.”  

“The offer to meet with the family is a blatant disregard for the seriousness of the situation.  It is usually victims who request to meet with perpetrators in order to bring closure to a traumatic event—not the other way around.  The Kita family may be sincerely sorry for their actions, but their illegal actions left a mother and child wounded—perhaps for life.”

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SHOULD STATE LAWMAKERS 

REVEAL THEIR EMAILS IN

VOTER ID CASE?

By Cash Michaels

Contributing writer

Should state lawmakers be compelled to reveal their legislative emails related to Senate Bill 824 - the legislature’s latest voter ID case?

That was the argument before a Wake Superior Court three-judge panel last week as Jeff Loperfido, senior counsel with the Southern Coalition for Social Justice argued to have the emails released in Holmes v. Moore.

Gov. Cooper vetoed SB824 after the Republican-led legislature passed it in December 2018 after voters ratified a constitutional amendment making voter ID law a month earlier. Cooper’s veto was overridden, but a lawsuit ensued, and the state Appellate Court has prevented the law from being enacted with a preliminary injunction until the court case is heard. 

Thus, the hearing last week, where Loperfido went before the three-judge panel requesting that it order Republican lawmakers to turn over their emails and other documents related to passage of SB824.                      

“Time after time, this General Assembly has been found of employing improper racial considerations when passing laws. It’s against this backdrop of persistent malfeasance and with the fundamental right to vote at stake that plaintiffs move this court for certain discovery that will shine much needed light on the motivations of a General Assembly that has repeatedly abused the qualified legislative privilege - a privilege meant to safeguard legitimate legislative activity done in the public’s interest and not to provide cover for the personal or partisan interests of legislators in private,” said atty. Loperfido.

Plaintiff’s attorney was asking the court to rule that state lawmakers only have qualified legislative privilege, meaning that some of the business they conduct is not protected from public scrutiny.

Loperfido made clear that given the Republican-led legislature’s past history with passing voter ID laws, that  “…significant circumstantial evidence already exists suggest that legislators have targeted African-Americans with discriminatory laws for the purpose of excluding them from the political process, we believe privilege must yield.”

Republican state lawmakers disagreed, and their attorney countered that they are entitled to absolute privilege, meaning that all of their documents, communications and emails related to passage of legislation should always be held in secret. If not, they would be unable to carry out their duties.

But atty. Loperfido wasn’t buying it.

He noted that “…a substantially similar [voter ID] law as struck down as racially discriminatory, that the large majority of the same bad actors set out to do it again, the they rushed to put a law in place before they lost their super-majority power, that they did limited debate, limited public input, no new analysis, no new data on ID possession and then again, withheld the same type of IDs that they knew were disproportionately held by African-Americans.”

At the end of arguments, the judicial panel indicated that it would render  decision by the end of May.

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                                                           SEN. ERICA SMITH

                                                          SEN. NATALIE MURDOCK

SENATE BILL TO ESTABLISH

BLACK FEMALE TASK FORCE

By Cash Michaels

Contributing writer

With the NC General Assembly back in session this week, one of the more notable bills filed of particular interest to the African-American community is Senate Bill 775, “Funds/Est. Black Women & Girls Task Force.”

“An act to establish the North Carolina Black Women and Girls Task Force and to appropriate funds for the task force,” the heading says.

Filed on Thursday, May 14th by senators Erica D. Smith [Bertie] and Natalie Murdock [Durham], the Task Force shall to serve as an advisory committee to study disaggregated findings concerning the well-being of cisgender and transgender black women and girls in the State. In conducting this examination, the Task Force shall examine the following issues: 

- Study the health and wealth disparities of black women and their impact. - Review educational justice principals for black girls and the impact of trauma to learning.
- Research all forms of violence to and on black women and girls.
- Consider the impact of the criminal and juvenile justice system on black women and girls, including incarceration of black women and girls.
- Examine the effect of political advocacy and engagement, employment, and healthcare, especially in the context of disparate impacts of COVID-19, cancer, stress disorders, high blood pressure, maternal morbidity and infant mortality, reproduction, and other disparate health factors. 

If established, the NC Black Women and Girls Task Force would be in the NC Dept. of Administration “for budgetary purposes only.”

There would be 13 members, consisting of:

- Nine grassroots-led selected North Carolina advocacy nonprofit organization leaders that serve black women and/or girls who have an established mission of saving black women and/or girls within the state for a minimum of two years and appointed by the Secretary of Administration or his or her designee. Two persons who are members of the senate at the time of appointment, at least one of whom represents the minority party, appointed by the President Pro temper of the Senate.

- And two members of the state House.

All members would be appointed for two years.

The act would become effective July 1, 2020.

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