Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts

Wednesday, November 16, 2011

McLean Found NGRI

Since I know a number of Tyler's family and friends are reading, I have this sad - but not unexpected - story to forward.

Yesterday Michael Jemar McLean was found Not Guilty by Reason of Insanity in the May 27 murder of Tyler Lynn-Gainous. McLean entered the plea, Judge William O'Brien accepted it, and Michael was committed to the Department of Behavioral Health and Developmental Services.

The Virginian-Pravda says the evaluations were done by a psychologist and a social worker. Someone was found NGRI without a doctor's evaluation?!? Second, do we want case law stating that a paranoid schizophrenic off his medications can commit murder?

Friday, August 12, 2011

McLain Case Hits The Courtroom

This morning the case of Michael McLain was taken up in Virginia Beach District Court, Criminal Courtroom 2, but only briefly. Lawyers from both sides appeared, the Commonwealth filed a motion, and a next date for the case was set. It will be back in District Court on October 7. McLain is charged in the May 27 murder of Tyler Lynn-Gainous. McLain himself never entered the courtroom today.

I made the trip down to the Courthouse this morning. When Michael's mother saw me, she made a few over-the-top comments about my being present. (Last time I checked, trials of adults in this country were public.) However, I shouldn't personalize it, as she's obviously distraught over her son's predicament.

For Tyler's out-of-area family and friends, District Court proceedings in Virginia are conducted with the lawyers, defendant, witnesses, et al standing at the judge's bench. Therefore, it's difficult to hear elsewhere in the courtroom. I think I heard what was being said, but don't want to run with it as a story without being sure. I called the Clerk's office this afternoon, they provided the next court date, but didn't have a scanned copy of the motion. As I know a number of you are depending on me for information, I'll try to verify it early next week.

Thursday, August 11, 2011

2011 Redistricting So Far

The Virginia Beach City Council is scheduled to approve a new seven district map for City Council and School Board on August 23. Given what happened at this past Tuesday night's Public Hearing before Council, it's likely to be a map we haven't even seen yet. At this time, I'd like to take a look at issues and events from the process so far.

The first of the meetings was at Green Run High School in June. At that time the City Attorney's Office strongly discouraged any plans other than seven district plans. While other proposals would be accepted, the City wanted to avoid anything that would require a City Charter change. So far we've seen nothing but seven district plans, which might be choking outside of the box thinking.

Another point is the failure to look at alternative voting systems. The debate has pivoted on two questions: how to draw the seven districts, and whether the seven district members should be elected solely within their districts. At the third meeting, I raised the possibility of cumulative voting. It would aid minority representation, while not triggering any of the publicly-stated arguments against a ward system.

Prior to the Chris Felton Plan being submitted on Monday, the source of every plan had been either the Council Liaisons or the NAACP. NAACP1 was the civil rights group's original submission, with NAACP2 drawn to meet objections raised by a quartet of Councilpersons. Those same Councilpersons then drafted another plan, which was sent to the NAACP in search of an endorsement. The "compromise of a compromise" was so watered down from the original intent that no blessing was forthcoming. It has never been officially filed, so it doesn't appear on the Redistricting website.

There is the issue of which should be the minority-majority district, Centerville or Rose Hall? While the Council Liaison plans have been based on Centerville, the NAACP plans are based on Rose Hall. The problem with Centerville is the unstable Asian-American concentrations in the southwest. The stunning difference I saw in first looking at the 2010 Census numbers was the change in the Asian-American concentration map from the 2000 Census. While you could draw Centerville as a minority-majority district today, it is highly questionable as to whether that status could be maintained in subsequent redistrictings. In sharp contrast, the minority numbers in Green Run are sustainable, so Rose Hall should become the minority-majority district in a seven district plan.

The root of many comments during the public meetings so far has been The Northwest Crescent, the Beach's densest minority concentration. It runs roughly from the northwest corner of the Virginia Beach Boulevard/Witchduck Road intersection to the Campus East and Burton Station areas. Along the way it takes in Lake Edward, with decent numbers in the periphery at Cypress Point. From a standpoint of minority representation, that concentration needs to be kept intact on one side of the Bayside - Kempsville line or the other. That forces a curved district line that inevitably will put a neighborhood into a district that a layman would think doesn't make sense. When you also consider the policy implications, it makes more sense to put the concentration in Kempsville District. That gives Vice Mayor Louis Jones the Central Business District. Therefore, you loop the line northward in the west, then dip it southward in the east. That puts parts of historic Kempsville into Bayside District, which has led to some civic league complaints. However, failure to get that line correct would be an obvious red flag when an approved plan is sent to the Justice Department for preclearance.

While I drew 2 of the 7 plans in 2001, I haven't taken a shot this time. The efforts of my good friends in the African-American community leadership were so far ahead that I didn't want to do anything that might undercut them. I've done backseat support for their efforts.

You knew I couldn't resist a chance to attack the extremist Virginia Beach Taxpayers Alliance (VBTA), didn't you? While the VBTA has always given lip service towards a ward system, the only VBTAer at any of the five public meetings has been previous Chairman John Moss. At the third meeting he endorsed the NAACP's position as an individual. Then, it's probably better for the cause that the village idiots don't invade the Council Chambers.

A largely status quo plan will almost certainly be adopted on August 23. The two baseline needs are keeping The Northwest Crescent intact and drawing Rose Hall District as a minority-majority district.



Wednesday, July 27, 2011

The Residents' Consensus Plan

Tonight there was a second Public Hearing on City of Virginia Beach Redistricting in the Council Chambers. This meeting was the best attended of the four Redistricting meetings so far, with a number of civic league representatives in attendance.

The civic league representatives were there to address how their neighborhoods were treated in the various plans. The big contingent was from the Larkspur Civic League. Residents pointed out that Council Liaison Alternatives 1, 2A, and 3 all split Larkspur. A number of the civic league representatives praised NAACP1, though one representative had a problem with NAACP2.

Given the format, I took the opportunity to be the final speaker. I pointed that no citizens had objected to NAACP1 in either Public Hearing, and - in fact - some of the civic league representatives liked it. If there was a citizens consensus plan, it was NAACP1.

Next up is a Public Hearing before City Council on August 9.

Thursday, July 14, 2011

McLean Retains Public Defender

Michael McLean has retained the public defender, who will be his attorney in his upcoming murder trial.

An investigator from the public defender's office was in the neighborhood on Tuesday, seeking residents who may have information.

Wednesday, July 6, 2011

McLean Case Continued?

I was just on the phone with the District Court Clerk's office criminal desk. "It appears" that Michael McLean's first court appearance has been continued until August 12.

It was originally scheduled for tomorrow (July 7).

Saturday, June 11, 2011

Redistricting Here, Redistricting There

VIRGINIA BEACH

The information was e-mailed out yesterday: the Thursday evening (June 16) Virginia Beach City Redistricting Meeting will be 6 P.M. at Meyera Oberndorf Central Library.

Some plans have already been submitted, and I saw a copy of one this past Thursday night.

NORFOLK

This past Tuesday night I was over in Norfolk to see if I could learn anything from their Redistricting process. What I got was a great seat for when Rodney Jordan dropped his bombshell.

For those who haven't heard, he offered a plan which would convert Norfolk's Ward 1 (now represented by Andy Protogyrou) to a minority-majority ward. Not African-American majority, but total minority. It does so by pushing Ward 1 south, and drawing Ward 5 (Tommy Smigiel) all the way west in Ocean View through Willoughby Spit.

Obviously it would shift power in Norfolk, but it would also have notable effects at the regional level, too. Virginia Beach inclusionists should support the efforts of Jordan & friends, as having an amiable government in Norfolk City Hall would obviously help the cause for inclusion here.

If the Norfolk City Council rejects Jordan's proposal, he can then file it with the U.S. Department of Justice for consideration during Norfolk's preclearance review. The Obama Administration could then reject the official Norfolk plan on the grounds that a fourth minority-majority ward is possible, and instruct Norfolk to proceed along those lines. (That may be where Virginia Beach's Redistricting ends up, too.)

Wednesday, June 1, 2011

Mike McLean Charged In Lynn-Gainous Shooting

Michael Jemar McLean has been charged with second degree murder and use of a firearm in the shooting of Tyler Lynn-Gainous.

MIKE

I thought I knew him: he lived two apartments up from mine. He was one of the nicer neighbors to me. He was usually amiable and mild-mannered. Even when he appeared to be agitated, he would quietly keep it to himself. Therefore, I'm somewhat surprised that he would shoot someone in cold blood as charged.

On the other hand, I never knew of Mike having a steady job. He would talk of getting one, and doing things to improve himself (like his older brother did), but I never knew of him doing such.

I had a beer with him on Thursday evening, less than 24 hours before the murder. (Mike knew I normally keep beer in my refrigerator as a social inducement for neighbors.) He laughed at how fast I drank mine.

Another point: where did the gun come from? The standard Aden Park lease prohibits tenants from keeping firearms in their units. Simply having a gun at home would be grounds for eviction.

THE CHARGES (OR, WHAT YOU CAN LEARN VIA GOOGLE)

Second degree murder carries a penalty of anywhere between 5-40 years. It's the default charge in a case where the Commonwealth's Attorney doesn't have enough evidence to prove first degree or capital murder beyond a reasonable doubt.

Use of a firearm is a distinct charge in Virginia. Using a firearm in the commission of a felony carries an automatic 3 year penalty for first offense, 5 years for second offense.

For Tyler's family and friends reading in New Jersey, Virginia has jury sentencing. The jury not only determines guilt or innocence, but passes sentence if they convict. Our juries tend to be tougher than judges.

OUR CHILDREN

Usually there are small children outside playing on Jasper Court from after school until 7:30-8 in the evening.

They still haven't returned to their normal play patterns. We're not over this tragedy until parents believe it's safe to send their children outside.

Saturday, May 28, 2011

Tyler Lynn-Gainous Shot

As you may have read or seen by now, Tyler Lynn-Gainous was shot on Weaver Drive late Friday afternoon and killed.

I haven't been one for blogging crime stories. (Then, I haven't seen a blog that regularly does.) However, this shooting is quite different for me. The victim died about 35 yards from my apartment's front door. One of my neighbors was taken into custody by the Virginia Beach Police Department (VBPD) as a "person of interest" for questioning. Therefore, I won't take the usual approach to such an event, but want to look at how such a tragedy impacts a neighborhood. With (hopefully) a murder trial in the months to come, this may become a series.

WEAVER DRIVE

My home neighborhood for over 8 years now. Weaver is a cul de sac with two apartment complexes on it. Aden Park Apartments is the front of the two, providing about 10% of the units in its price range in Virginia Beach. Behind it is Ebbets Plaza, one of the few directly-subsidized apartment complexes in town. The neighborhood is poor, and about 90% minority. (I'm used to being the only White at a social gathering.)

The neighborhood was troubled in the 90s, but brought back through a concerted effort. VBPD came in and did community policing. (Among those who served here was current VBPD Deputy Chief John Bell.) A new company acquired Aden Park and upgraded it. The Community Manager chosen has been excellent: a firm but fair lady who will refuse to renew leases, and even evict, on those who are problem residents.

However, I've seen symptoms of backsliding over the past 10 months and have spoken to a couple of people about it. If there's a silver lining to this tragedy, maybe it will be the alarm that triggers a comprehensive process for improving our neighborhood.

For the purpose of the shooting, let me set the geography. Tyler Lynn-Gainous lived on Williams Court, the first cluster of apartments on the left side of Weaver Drive as you come in. The person of interest lived on Jasper Court, the first cluster of apartments on the right side of Weaver as you come in. The shooting was on Weaver, with the victim dying on the sidewalk on the Williams side of Weaver.

FRIDAY NIGHT

I worked Friday afternoon. With HRT's Route 20 messed up at rush hour, it was about 6:30 before I reached my home neighborhood. As I approached, I could see VBPD had Weaver blocked off. At first I thought we'd had a traffic accident, but then noticed how large an area was cordoned off with yellow crime scene tape. Something serious had happened. I told the cop at the entrance of Weaver that I was a resident, and he told me to walk through via the fields to the north. I had already figured that was probably the only way in, but had never walked it as long as I've lived here.

Entering Jasper, the crime scene tape came to within yards of my door. A black screen concealed the body on the sidewalk on the far side of Weaver. Small groups of residents stood along the edge of the crime scene trying to see what was going on in our neighborhood.

After dinner and a short Internet session, I came back outside. Some were still watching. I grabbed my favorite lawn chair and took a seat. The body was removed in a body bag about 8:30. Policewomen were combing the grass for evidence, and photos were being taken. VBPD pulled out shortly after 9 P.M.

Once the tape came down, I wanted to go look at where my neighbor had died. Before I could get out of my lawn chair, two women were already there. I went over and said a prayer. Despite the area being sprayed to clear blood at the end of the investigation, I could see it in a couple places. Within minutes, neighbors began erecting a makeshift memorial at the site of the death.

SATURDAY

I noticed on Saturday morning that the memorial was growing. Already having planned a shopping run for Saturday earlier in the week, I bought a candle for the memorial while I was out. Shortly after getting home, I took it across the street. I blessed it in the manner of a priest, lit it, and placed it among the others.

Today was eerily quiet in our neighborhood, especially for a Saturday. I neither saw nor heard any children outside playing, despite the great weather. Parents may have been keeping them inside.

I've been checking the Internet throughout the day for updates on the case, but haven't seen anything yet.

I thought I should go relight all the candles at dusk. Taking out garbage in the early evening, I noticed someone else already had. They look beautiful in the dark tonight.

Saturday, May 21, 2011

2011 Virginia Beach City Redistricting Schedule

This is the proposed schedule for the redistricting of the seven Virginia Beach City Council residency districts. Also during this process, residents may advocate for reform of our at-large voting system:

May 25 - Public Meeting at Green Run High School, 6 P.M.

June 16 - a public meeting at a location and time to be determined.

June 28 - the proposed plans will be presented to City Council.

July 14 & 27 - Public Meetings on the proposed plans.

August 9 - a Public Hearing on the proposed plans in the Council Chambers.

August 23 - City Council votes on their preferred plan or multiple plans.

The consultant will be available to meet with interested residents on May 25 & 26, and June 16 & 17. By appointment any resident can meet and submit a plan.

Saturday, April 23, 2011

Looking Towards Electoral System Change

It's redistricting year, so that also means redrawing the residency districts for the Virginia Beach City Council. A push will certainly be there to scrap Virginia Beach's obscene at-large voting system.

At-large voting seeks to marginalize the franchise, placing a much greater emphasis on campaign donors than residents. Lineup the checkbooks in the backroom and you can determine who can be a "serious" candidate for City Council. The City has stumbled into past mistakes due to a lack of diversity of opinions and backgrounds at the table. To support at-large voting, you have to believe Virginia Beach is stronger for marginalizing 98% of the population.

What would the new system look like? That would depend on how many district and (if any) at-large seats you go with on Council. In addition, you could turn to some alternate form of voting. Cumulative voting would still mean voting for everyone throughout the City, none of the common publicly spoken arguments against a ward system apply to it, while it would produce a neo-proportional system.

The 2010 Census gave us more of the same from the 2000 Census, but at a slower pace than some expected. However, two central facts remain. First, what population growth Virginia Beach is experiencing is entirely minority. Second, there were fewer Whites in Virginia Beach in 2010 than in 1990. "White flight" has been on here for a generation now.

There are three possible areas for drawing minority-majority Council districts or influence districts:

1. Densest minority concentration - the Baker Corridor, stretching in a crescent from Burton Station to the northwest corner of the Virginia Beach Boulevard/Witchduck Road intersection, via Lake Edward.

2. Largest minority concentration - stretching diagonally from Green Run to Seatack, through Oceana NAS.

3. Centerville District is already over 40% minority in the current system.

Status quoers try to run from even discussing an electoral system change. However, the longer they wait to do the inevitable, the less palatable the new electoral system would be for them. If the 2020 Census numbers look like the last two sets, there will be no need to beg next redistricting. In 2021, grassroots inclusionists will have the numbers to simply kick in the door of City Hall. Therefore, 2011 is the last chance for our status quoers to get a reform deal that is good for them.

The fringe right gives lip service towards wanting a ward system, but never lifts a finger towards advocating for one. If they actually want to defend the suburbia they claim to champion, here's their chance. In implementing a ward system, you could draw districts that take in those suburban subdivisions while trying to avoid the Norfolk Southern Corridor. As our Strategic Growth Areas move towards building out, we could eventually have separate Council districts for suburban dwellers and urban dwellers.

Electoral system change is a necessity that will make Virginia Beach stronger by allowing us to work more of our talent into building our city. We're eventually going to have to do it, so why not in 2011? The sooner we get it done, the sooner Virginia Beach can move forward at battle speed.

Sunday, April 17, 2011

Virginia Beach City Hall: Bigotry And More Bigotry

It's a dark week for those of us striving to build an inclusive Virginia Beach.

The first Public Hearing on the FY 2012 Budget is scheduled for Holy Thursday evening. That's a night that any Catholic worth their salt is in church, not at a Budget Hearing. Yes, there are two other Public Hearings. However, the second one traditionally focuses on the Property Tax rate. The final one is the night of Budget adoption. Given that City Council is highly unlikely to amend the Budget on the floor that night, its only real use is to stake political ground towards the next Budget.

At Tuesday's Council Workshop, first item on the Agenda is City Redistricting. The City has rehired Kimball Brace as consultant, who had the same contract a decade ago. In 2001, he told City Council that it would take many more districts to draw a minority-majority Council district in Virginia Beach...then proceeded to help draw one for a draft eight district plan. His rehiring in itself is a rejection of inclusion, and shows the City Council Redistricting process will be another sham.

Monday, January 31, 2011

My Card Has Arrived

In today's mail, I received something I've been waiting for: my NAACP membership card. I joined online early on New Year's morning. An automated system sent me an e-mail confirming my membership, with my formal card arriving today.

I've had a working relationship with the Virginia Beach Chapter since 2001, but never been a de jure member. I've thought about it, but always put it off. However, with the War For Inclusion in Virginia Beach escalating, it was a great time to come down formally on the right side.

No, I don't plan to become active in the Virginia Beach Chapter. (Hey, my calendar is loaded as is.) Nevertheless, it was the right thing to do.

Thursday, January 20, 2011

If You Haven't Seen This Yet

This video already has over 1.5 million views on YouTube. A middle aged woman in a Pennsylvania Mall falls into a fountain while texting. The video has Mall Security watching the security camera footage and commenting on it.

Only in America: the woman has already filed a lawsuit over the incident. She attacks Mall Security for laughing at the incident rather than helping her. However, note from the audio that Security is watching this well after the fact. In the video, you'll see the housekeeper who was there approach her to try to help.


Sunday, December 19, 2010

10 Points Towards An Inclusive Virginia Beach

The war of attrition towards an inclusive Virginia Beach drags on. It faces a potential flashpoint next year with City redistricting. However, no one should have any illusions: the fight will take years more. I offer this list of 10 Points to serve as guidelines on the way there.

1. Reform of Virginia Beach's obscene at-large voting system is The Holy Grail, but it won't come easy.

One of the principal lessons I learned from the 2001 redistricting process is that Virginia Beach's elite craves power above all else. They're ready to see our city reduced to a trash heap as long as they can lord over it when we get there.

I hold little hope we can get City Council itself to back reform in 2011. However, we need to fire a shot across the bow to let them know we're not taking this bullshit sitting down. It will mark the incumbents (and their backers) as anti-inclusion in subsequent years.

2. Keeping a Redevelopment & Housing Authority out 0f the hands of the City of Virginia Beach is paramount.

Listen to what neighborhoods get mentioned when the subject of redevelopment comes up, and note they're inevitably minority neighborhoods. Give a R&HA to our status quoers tomorrow and they'd start bulldozing the minority concentrations.

When Virginia Beach history is written, it may record that the beginning of the end of the status quo was the narrow loss of the 1996 R&HA referendum question. Consider what could have happened if they had won....

That said, it may be prudent to trade the elite a R&HA whose redevelopment powers are limited to the Strategic Growth Areas (minus Seatack) in return for something substantial, like a hybrid voting system.

3. Housing stock is the potential chokepoint, so take on the issue.

Fewer Whites live in Virginia Beach than a generation ago. What population growth we've had has been entirely minority. The key to continuing the influx is to look to making sure there are enough affordable housing units for them to come.

4. Light rail is the second most important piece of the puzzle.

When people can come here from Norfolk (and - later - Portsmouth) via train in minutes at bus fare, it will be a dramatic game changer. That will largely erase the city lines on a practical basis.

5. Pursue board and commission seats.

What good does it do to get to an inclusive Virginia Beach only to not be able to govern it? (See: the Congo after the Belgian withdraw.) There needs to be a cadre of inclusionists with board and commission experience capable of running the government when that prayed-for day comes.

To take Council only to leave the boards and commissions in the hands of status quoers would mean getting status quo reports from them. I don't think so.

6. Advocate for Department of Economic Development (DED) funding.

We're going to have to provide quality jobs for those here and those who want to come.

In addition, we'll need a strong commerical base during the transition. (See: Quebec when the Parti Quebecois took power.)

7. Work through the Minority Business Council towards having a thriving number of minority businesses.

We need a base of businesses friendly towards funding our City Council candidates. (Hey, it's how the elitists do it.)

8. Support greater integration into the region.

Closer ties with minority-majority Portsmouth and tipping Norfolk strengthens our hand here.

9. Don't waste gunpowder fighting plausible City capital projects.

Our elitists have an edifice complex. If they want to build things we can later reap the benefits from, let them.

10. Smash the remnants of the extremist Virginia Beach Taxpayers Alliance (VBTA).

The all-White breakfast cult pushes an agenda that would trigger a mass exodus of minority residents from Virginia Beach. Also, they have no intention of doing single or multiple issue partnerships with anyone.

The sooner the demise of the VBTA, the quicker that City Council elections go from being fought primarily over fiscal policy to being contests about inclusion. You want to hear status quo candidates try to rationalize exclusion?

The bottom line: victory is inevitably ours as long as we play our cards smart.

Thursday, October 15, 2009

This In 2009?!?

In Louisiana a Justice of the Peace is refusing to issue marriage licenses for interracial couples. His excuse is that he claims interracial marriages don't last long. http://www.kansascity.com/437/story/1510399.html

As the ACLU lawyer in the story notes, the Supreme Court struck down prohibitions on marriage based on race 46 years ago. That a local official in Louisiana thinks he can do it on his own is astounding!

Comp Plan Photo Police

Yesterday I was skimming Virginia Beach's new draft Comprehensive Plan. There were a couple bus photos in the Policy Document that caught my eye:

Page 18

There's a photo of the bus on Hampton Roads Transit's (HRT) Route 72...sitting at the Suffolk Bus Plaza. That's right: the 72 runs from the Suffolk Bus Plaza to Paul D. Camp Community College and back. (What's a Suffolk bus photo doing in our Comp Plan?!?)

Page 116

There's a photo of Bus 2016 on Route 33 Outbound. Okay, they did get a Virginia Beach route this time.

What's unusual is a low-floor Gillig on the 33. Not in the past 15 months, since the 33's operations were transferred from Southside Base (in Norfolk) to Virginia Beach Base. Even before then, it would have been rare.

Here's the kicker

I was already planning a blog post on those photos. I called Michael Ragsdale of HR Transit Ideas so he could join in the laughs. Instead, I learned the photos were from his Flickr account:

1. The license on the photos prohibits them from being used without proper credit.

2. The City probably also violated Flickr policy, too.

Update

From Michael's blog:

This entry is cross-posted at Ideas for Hampton Roads Transit.

Thursday, October 1, 2009

What Passes For "Justice" In San Francisco....

We're used to zany rulings by the Federal judges out there. However, two new lawsuits have been filed that could only have a snowball's chance in San Francisco. A man has filed separate suits over neither Froot Loops nor Cap'n Crunch Crunch Berries containing real fruit, claiming their advertising was deceitful. He goes on to allege he ate them believing they contained real fruit, and now wants unspecified damages. http://www.nbcdfw.com/news/weird/Man-Sues-Froot-Loops-for-Not-Being-Frooty-at-All-62674757.html

Monday, September 28, 2009

Poland Moves Towards Castration For Pedophiles

The lower chamber of Poland's parliament on Friday passed a bill that would, in some cases, require chemical castration of pedophiles. http://www.reuters.com/article/newsOne/idUSTRE58O4LE20090925

Wednesday, September 2, 2009

I Can't Write Jokes This Good

A mother in Poland has sued an Egyptian hotel the family stayed at while on vacation, claiming her 13 year old daughter got pregnant in the water of the hotel's pool. She claims her daughter didn't spend time with guys there, that there were sperm in the pool's water that impregnated her daughter.

The blurb on the story is here: http://www.thesun.co.uk/sol/homepage/news/2525921/Teen-pregnant-after-swimming-in-pool.html